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

Full text of "Work materials ..."

] 



BOSTON PUBLIC LIBRARY 



BLIC LIBRARY J / <. k^ / Of" 1 "S 



3 9999 06542 026 5 



OFFICE OF NATIONAL RECOVERY ADMINISTRATION 
DIVISION OF REVIEW 



THE CONTENT OF NIRA ADMINISTRATIVE LEGISLATION 
PART B: LABOR PROVISIONS IN THE CODES 



WORK MATERIALS NO. 35 



Work Materials No. 35 falls into the following parts: 




Part A 
Part B 
Part C 
Part D 
Part E 
Part F 



Executive and Administrative Orders 
Labor Provisions in the Codes 
Trade Practice Provisions in the Codes 
Administrative Provisions in the Codes 
Agreements under Sections 4(a) and 7(b) 
A Type Case: The Cotton Textile Code 



SPECIAL STUDIES SECTION 
February, 1936 



07FIGZ- OFHATIOiLAi rSCOVSSY AB:.:I1 ISTRAIIOIT 

DivisiciT or "zvisw 



THE C01-TE:1T of ITIHA iLDMIHISTHATIVS LEGISLATIOK 

. pa:^: s: LA30I: PAOvisiors i:' thz codes 

Iratli ?: e t i eke r 



SPECIAL STUDIES SECTION 



9305 



Digitized by the Internet Archive 

in 2011 with funding from 

Boston Public Library 



http://www.archive.org/details/workmaterialsb35unit 



? c H z ;." r. D 

Kie o'^oject of this study is to eet forth in convenient form the 
SLiJStc-^.ntive content of aCaTiii.istrative legislo-tion -oader the av-thority 
of xitle I of the ITational Industrial "."lecovery Act as fo\-u,id in the 
orders, codes and as3:"ee:nents. Part A, pre]:)8,red hy Hath Aull , "^i-s.- .con- 
cerned vfith Ixecutive aiid. A&uinistrative Orders, pjad, in sone cases,' ' 
Office Orders ^nd I'emorsiic^Q,, legislative in nature; Part 3, prepared "by 
Zuth ?:eticlcer, with the labor provisions in the codes; Part C, prepa.red 
'by Daniel 3. G-eri;j, Jr. zjid. Beatrice Strashur;jer, with the trade ^Tractice 
provisions in the codes; Part D, prepared oy C. \i . Putnpji, with the 
adainistrative px-ovisions in the codes; Part E, prepared hy 2uth Aull, 
with the provisions of agreements under Sections 4(a) --^nd vCh); ond 
Part 7, prepared 'oj Suth Aull, ?d th a type case; the Cotton Te::tile 
Code. The work vifa-s under the ;:^eneral charge of G-. 0. G-arahle, Coordinator 
of the S""iecial Studies Section. 




codes "by trad.e or industrial associations or {^-roups, and. through 
voluntar",'' agreements, such regulation woiild he cooperative with industry'' 
and trade, 

3y Section 2(h) of the Act the President was puthorized to delega,te 
an.7 of his f-ujictions and pov.'ers to such officers, agents, ax^d employees 
as he mi gilt designate or appoint. This pov/er of delegation v/as widely 
exercised, md through the administrative activities of the National 
J.ecovery Administration, estaolished by the President under Section 2(a) 
of the Act, 557 so-called indu-str;*- or trade codes an.d 188 codes supple- 
mentary- to the hasic codes came into heing. These codes were approved 
under the authority- of Section 3(a) of the Act. In addition a smaller 
hut none-the-less considerable nijraher of agreements was entered into 
under Sections 4(a) and 7(h) exclusive of tlie President "3 P.eenployment 
Agreement, based on Section 4(a), which was "accepted" by more than. 
2,000,000 employers. The codes v/sre to be as binding as any Act of the 
Congress, and the code-maJ^ing administrative processes imder the Act may 
a,ptl3^ be described as sub-legislativs. 

The Supreme Court in its decision on the Schechter case, which 
term.inated the existence of the codes, referred to the legislative 
aspects of the code-making process in saying: 

"It (the statutory pi aji) involves the coercive exercise of the 
law-maliing power. The codes of fair competition which the statute 
attempts to axithorize a,re codes of laws. If valid, they place all 
persons within their rea-ch under the obligation of positive law, 
binding equally those who assent and those who do not assent." 

The agreements entered into under the Act, at least with res^iect 
to the a.dministrative steps leading to approval, ATere less clearly 
le.gislative, but the a-greements under both Sections 4(a) aaid 7(b) con- 
stituted, to the er.tent they were used., the d.eta.iled and substa.ntive 
expression of the legislative intent. Furthermore, the position talcen 

9803 -i- 

J.3 Ky3Sg 



bj'' tlie r^tioxial Recovery AcLiniiiistrpoioa bliat the phrase " saiiie effect as 
a code of fair competition" used in Section 7(>3) referred to the fact 
that the agreement when ap"'oroved shovild carry the penalty -irovisions of 
the Act, would, if sustained, \ive such a-2;reenients legislative aspects 
identical v;ith those of the codes. 

In the pdi.iinistration of the ITational Industrial Recovery Act many 
orders were issued which affected tne actions or interests of ^oersons 
not connected with the ITrtional Zecovery Administration or affected the 
-irovisions of codes. The Executive Orders issxied "by the President rjad 
the Acsinistrptive Orders iss^^ed by the Administrator for Indiistrial 
P.ecover-- or in the name of the ITationeJ Industrial P.ecovery Board bear- 
ing on the acjiiini strati on of Title I of the Act v/ere, with a few excep- 
tions, issued under the authoritjr of the Act itself or under the delega- 
tion of --^o-jer nemiitted by Section 3(b) . A substantial percentaf-'e of 
such orders, through the n- ture of their provisions, were legislative. 
i;Tithin the rational I.ecoverjr Aciiiinistration Office Orders or Office I.Iem- 
oranda. were issvied •nrimaril'*'- as instructions to or for the gaid,aiice of 
the -personnel of the organization or for the purpose of establishing 
parts of the. organization. Some 6f these orders nevertheless contained 
provisions or requirements which directly affected code provisions or 
indica.ted requirements u-oon menfoers of industry and in their scope seem- 
ingly may be called legislative in nature. 

It will be observed that the -orovisions of the ITrtional Industrial 
Secover;- Act constituted 3. very small portion indeed of the great volmie 
of adi'-iinistr^tive legislation under the Act. The substrjice of the ad^iin- 
istrative legislation is to be foiuid in documents formulated from various 
types of acuuinistrative c?.ction. 



The study is not concerned ¥7ith evaluation of this acljninistrative 
legislation; it is not concerned with evaluation of its consequences. 
Such issues are treated, in other studies. This study is confined to a 
statement of the content of the IJIEA administrative legiolation. 



A.t the back of this report a brief statement of the studies under- 
taken by the Division of Heviev; v/ill be found. 



L. C. Marshall 
Director, Division of Zeviev; 



Februa-r^,^ 



1936. 



9303 



-11- 



AUTHOR'S FOEITvYOED TO PART B 

This stud^' of the hours and wages of the code carries forward the 
analyses of lahor provisions made -uiider the supervision of Leon C. 
Marshall in the following publications: "Hours and Wages Provision 
in WEA Codes, » The Brookings Institution, 1935. "Tabulation of 
Lahor Provisions in Codes Approved hy August 8, 1934." National 
Recovery Administration, Janu?.ry 1935. "The national Recovery Adminis- 
tration," The Brookings Institution, 1935, Chapters XI to XIV. 

Comparisons between the present study and these earlier publica- 
tions are difficult because of certain changes in method, especially 
the use of the code as - che \init of counting the frequency of use of 
the various provisions, instead of codes, supplements and divisions 
as in the earlier studies. Moreover, though this present study started 
with the com: arative analysis sheets formulated by Messrs Ifershall, 
Cox, and Silverman and filled in by Clement Winston and David Miley 
for the carl::er studies and \'7ith the mimeographed reports of the Post 
Code Analysis. Unit of the HRA Research and Planning Division, many 
code provisions have been reexamined and reclassified. The aim has 
been to classify code provisions consistently and realistically, 
according to their operative meaning rather than their terminology. 
Since many code provisions are not clear-cut, their interpretation 
and classification are matters on v/hich reasonable men may well disagree, 
in fact matters on which the same person's jxidgment is likely to differ 
from time to time. The basis of the classification followed in this 
study is explained in each section. In interpreting the language of 
the codes, the author has, of course, drawn on her two years' experience 
in SIRA and that of other persons intimately acquainted with the process 
of code negotiation, interpretation, and enforcement. 

In the preparation of this present study Lola Garber and Jean 
Deibler have participated at every stage. Grateful acknowledgment is 
m3.de of their statistical and editorial assistance, and. ^1,0 of the as- 
sistance of the stenographic staff of the Special Studies Section and 
the Labor Studies Section. Members of the Labor Studies Section h0.ve 
been helpful in interpreting provisions in the codes on which they 
served as Labor Advisers; and Solomon Barkin and Pauline C. Gilbert 
have helped in criticising the manuscript. Professors R. W. Stone and 
Paul P. Brissenden of the Division of Review made many valuable sug- 
gestions concerning the manuscript. 



9303 -iii- 



TABLE 0? COiTTElTTS 
PAHT I. IITTRODUCTIOH 

CHAPgEI?. I. I.:E'TH0S AlID SCOPE 07 THE STUIDY 

Page 

I. IIIRA and PRA 1 

Historical 'background 1 

Eriploj'-ees covered 'by the PPA 2 

II. The Progress of Code Making 3 

III, The Codes as Statistical Units 3 

Employees per code 5 

Supplementary codes 6 

Divisional codes 7 

The code, the •uj.iit of comiting in this report , 7 

The period codes T;ere effective 8 

IV. Changes in Code Provisions 9 

Amendments 10 

Staj'-s and exemptions 10 

General orders superseding codes 10 

V, Cla,ssif ication of Codes hy Industry Groups 11 

Employees covered in each industry grorqp 11 

Criteria of the classification 12 

Major codes in each industr/ group IS 

VI . Suximary 19 

PAHT II. HOUllB or LA305 

CEAPTSR II. BASIC HOUZS P50VISI0ITS 

I. The Purpose of ISA Hours Limitation 20 

A formula for reemployment through reduced hours 20 

Tlie PRA propo sa] 24 

II. The Length of the Basic Week 24 

Determination of "basic emplo3'-ees in each code 25 

The hours ceiling: 40 hours or more or less 26 

The codes v^ith less than 40 hours 30 

Tlie cod.es with more than 40 hours 32 

Special problems in long-hour industries. 35 

III. Ho-oTs Per Day ejnd Days Per ¥eek 35 

Hours per day. 35 

Da3/'s per vee\ 37 

Limite-tion of plant operation. , 37 

9803 -iv- 



CKAPTZU II. BA.SIC KOIIRS PaOVISI OlIS (Continued) 

Pa^'e 

IV, Ilethods Used to Provide Elasticitj" in Hours of Work 3S 

Precedents in the PKA. 38 

Definitions of various devices to provide elasticity. ... 38 

The frequency of use of methods of elasticity 41 

Codes with flat maxiratiiii hours 42 

Operation of stays and exemptions 42 

Excepted occupations 44 

Basic hoiurs and other elasticities 44 

Conhinations of elasticities 44 

"v. Hours Provisions in tho ila.jor Codes 45 

Basic hours in the major codes 45 

Conhina-tions of elasticities in the ms»jor codes 45 

VI . Su'nmary 63 

CHAPTE?. III. ELASTICITY TriaOUC-H Al/EPAG-IilG PHOVISIOHS 
PO?. 3/lSIC 1I.IPL0YB'_:S 

I. The Mature of I'jBA Averaging Provisions 64 

Examples from codes 64 

Interpretations of averaging provisions 67 

II. The Origin and Distribution of IffiA Averaging Provisions.. 59 

Precedents in early codes 69 

Averaging -orovisions, hj/ industi^'' groups 69 

III. The Amount of Elasticity Involved 70 

Length of the averaging period 70 

Average hours per week 70 

Increase in weekly hours allowed 73 

Safeguards on averaging provisions 73 

Other elasticities in averaging codes 74 

17. Averaging Provisions in the i.iajor codes 75 

V, The Decline of the Averaging Provision 76 

VI. Suiiaary: The Prohlem of Averaging 78 

CHAPTia lY. GEK E aAL OVSRTIIIE PEOVISIOITS POH BASIC EIvIPLOYEES 

I, The Hature and Origin of HRA General Overtime Provisions. 81 

'Hie purpose of overtime rates 81 

Precedents in earlj^ codes 81 

Overtime at will 82 

Vague overtime provisions 83 

II. The Distritru-tion of General Overtine provisions 83 

General overtime provisions, "hj industr;^ groups 33 

Employees covered hy cod.es with genera.1 overtime 84 

9803 -v- 



CHAPTIS I A'-. G5IT5lij\L OVEETIi.I^ FiOVISIQ'JS TOR BASIC EtlPLOYEES (Continued) 

FaA'e 

III, E::tent of Elasticity tli^o■af^l^ General Overtime 84 

Ilaxia-cun weekl;" liours 84 

Overtime tases 85 

Overtime after averaF:e hours 85 

Overtime ra.tes 89 

Overtime and other elasticities 90 

lY. General Overtime Provisions in the Major Codes 90 

7. The Decline of General Overtime Provisions, 93 

71, S^'ammarj: The Prohlem of General Overtime 93 

CHAPTin 7. ELASTICITY OE IlOm s D uPJITG SPECIAL PERIODS 

I. Origin of the Pealc-Period Provision 95 

■rne PEA precedent 95 

Precedents in early- codes 95 

Increasing pop-ularit3^ of pea: periods 98 

II. Distrihution of Peal-: Periods, "by Industry'- G-roups 98 

III. E::tent of Elasticity in Peak Periods 98 

Length of the peak period. 98 

Codes with definite overtime tolerance 101 

Indefinite peak periods 104 

Ilaximum weekly hours during peak periods 105 

Daily limits dui-ing peaJc periods 105 

Pealc periods and overtime pay 105 

Peal-r periods and other elasticities 105 

17. Peak-Period Provisions in the L'ajor Codes 107 

7. Other Peek Periods Ill 

Peak periods for special groups Ill 

Pea]t periods for additional employees Ill 

Other pealc periods in the major codes 115 

Yl, Emergency Periods 115 

Code definitions of emergencies 115 

Emergency periods, 03'' industry groups US 

Hours in emergencies^ 115 

Overtime payments in emergencies 118 

Emergency periods and other elasticities 118 

Emergency periods in the m.ajor codes 120 

711. Summary: The Pro clem of Special Periods 120 



9803 -vi- 



C HAPTE:^ VI. HOURS FOR OF?ICE A!ID CLERICAL WOEICERS Page 

I. Difficulties in Statistics on HoTirs of Office Workers 125 

II. IIEA Precedents on Office Hom-s 126 

III. Special Provisions for Office and Clerical Workers 127 

lY. Ilethods of Pro-viding Elasticit7 in Hours of Office Workers. 127 

peak periods 127 

General overtime pi'Dvisions 131 

Averaging provisions 131 

V, Office Houi's Conpared witii Basic Holits in Same Codes 134 

Codes with office hours shorter than "basic hours 134- 

Codes v/ith office hours longer or looser than hasic hours 134 

VI. Concentration of Office Hours Aromid 40 Hours per Week 137 

Codes with less than 40 hours for office workers 137 

Codes with more than 40 hours for office workers 138 

VII. Hours for Office and Clerical Workers in lla.jor Codes 138 

VIII. Suinmar;'-: The Prohlem of Office Hours 141 

CHAPTER VII. ELASTICITY FOR SPBCLJL GROUPS 0? ElvlPLOYEES 

I. Precedents for Excepted Occupations 143 

II. Elasticity for liaintenance and Repair 144 

Provisions for maintenance and repair, hy industry groups 144 

Haxiraura hours for repair-shop crews 145 

Overtime payments for repair-shop crews 146 

Other elasticities for repair-shop crev/s 146 

Definitions of emergencj^ repair periods 147 

Occupations covered "by provisions for emergency repair 

periods 147 

Extent of elasticit3- in emergency repair periods 148 

Overtime payments in emergency repair periods. 148 

Codes with no provision for repair-shop crews or 

emergency repair rjeriod 149 

Repair and maintenance in major codes 149 

III. Other Excepted Occupations 151 

The has is for occupational examption 151 

The occupations that were excepted 152 

Averaging and overtime for excepted occupations 154 

Hours set for exce-oted occupations 154 

Special prohlems concerning watchn.en 163 

Excepted, occupations and other ela^sticities 164 

Stays, exemptions, and amendments 164- 

Excexoted occupations and compliance 165 

The owner-operator prooleu. , 156 

Extent of elasticity in major codes 168 

9803 -vii- 



CHAFTia VII. SIASTIGITY ?0E SPECIAL GHOUPS OF EIvIPLOYSBS (Continued) 

Pag:e 

IV. The Protlen of Hours for Erccepted Occupations 170 

The need for simplification 170 

Occasional versus reguJ.ar exemption 170 

CHAPER VIII . HISCBLLAni^OUG IiOUHS PZOYIS IOHS 

I. Confornity with Other La,ws or Agreements 172 

State laws to "be conpiled with 172 

Union agreements to he conpiled with 174 

II. Heports on Hours 174 

Pteports on e::cess hours worhed 174 

Special reports on hours. 175 

III. I'sfinitions of T7orkin£;- Tine 175 

Starting and ending the working day 175 

iTight work for women. 176 

Hours of work consecutive 176 

Limch-hour ijrovisions 176 

Halting tirae counts as time worked 177 

Provisions for holidays 178 

IV. Stahilization, Sharing of ITork, and Production Control 178 

Stabilization of hours 178 

Sharing of work 179 

Limitation of shifts^ 180 

Stretch-out forhidden 181 

V. Uiscellaneous Hours Provisions in the Ma..jor Codes 182 

Employment h:^ one or more emplo3''ers 183 

Area differentials in hour's 183 

Sex differentials in hours 184 

Other hoiars clauses 184 

y"I. Sujomarv: Ap-ors-isal of Hiscellaneous Honors Provisions 185 



9803 -viii- 



CHAPTSR IX. Siri.2i;iIlY 0? HOUES PHOYISIOIIS, BY G-R0\1FS OF I1TIU3TFJBS 

Page 

Iletal Codes 185 

ITon-IIetallic Uinerals Codes 187 

l\iel Codes 187 

Porest Products Codes 137 

Clienicpls, Paints, and Dm^gs Codes 137 

Paper Codes 187 

I^Voer Codes 187 

Sqiiipnent and Ilacliinerj" Codes 188 

J'ood Codes 188 

Te::tile jpatirics Codes 188 

Textile Apparel Codes 138 

Leather and 'lur Codes 18S 

Faoricating Codes 189 

Gi-apliic Arts Codes 189 

Construction Codes 189 

Transporta-tion Codes 190 

ITinrnce Codes 190 

Zecreation Codes , 190 

Seririce Trades Codes 190 

uliolesale I)istri"buting Codes 190 

Zeteil Listritutinji Codes 191 

Territorial Codes 191 



9803 -i::- 



PART III. WA &E FB.OVISIOH S 

CHAPTER X. BASIC YfACE PRO VI S I OKS 

I. Purchasing Power, the Puipose of BiRA Minimum Wages 198 

II . The Code Wage Structure 199 

An exainple of a complicated minimuii wage provision SCO 

Piece rates in codes 206 

III . The Hinimuiii Wage Set bjr the Codes 206 

Precedents of the first codes 206 

Determining the "basic emisloyees , 207 

Codes with a multiplicity of minimum rates 208 

Minimum hourly rates 209 

Territorial rates 209 

Different minim?, in high v/ages and low wage areas 209 

Weighting codes oy employees covered 210 

Wages atove 40(25 per hour 214 

Low-minimum codes 215 

IV. Methods Used to Provide Elasticity in Wages ' 215 

Regional differentials 215 

Divisional differentials 223 

Sutminimum rates 223 

Codes without suhminimvim rates 223 

Overtime rates 227 

Amendments 228 

Stajrs and exemptions 230 

V. Wages in the Major Codes , 230 

VI . Summary: Some Problems of Wages 233 

CHAPTER XI. DIEJ3RBITTIALS IE M.SIC WACES RATE 

I. [I^T^oes of Differentials 234 

Geographic differentials 234 

Definitions of Horth and South 234 

Examples of regional differentials 237 

Pop'olation differentials 237 

Population and geographic differentials 237 

1929 differentials 238 

Divisional differentials 239 

II. Amount of Differentials 241 

Different ia.ls of 15^ or more 241 

Amount of geographic differentials 242 

Differentials in relation to top rate 243 

III. Differentials in Major Codes 243 

TsT^e of differential 243 

Amount of differential 245 

9803 „-„ 



C HAPTER XI. DIFFEEEITTIALS IN BA SIC MG-ES M TE (Cont 'd ) 

Page 

IV. The Protleni of Differentials 245 

KM justification of the differentials 245 

Where should the line Toe drrwn 247 

Administration policy on differentials , 247 



CHAPTER XII. SUBMIITIIvfUIvi .RATES 

I. Female Differentials 248 

Precedents in early codes 249 

Pemale differentials and female equality clauses 250 

Female differentials, ty industry groups 250 

Employees in codes with female differentials 251 

Amount of female differentials 251 

Hourly rates f or T7omen i 254 

Differentia] s within wonen' s rates 257 

Employees covered ty codes with particular prox'isions 257 

Female differentials in major codes 257 

II . Learners and Apprentices 258 

Precedents for suDminimum rates for learners and apprentices 259 

A. Suhminimum Piates for Learners 261 

Learners provisions, "by industry grouDS 261 

Limitation on number of learners 261 

Exemptions concerning learners 265 

Learning period 265 

Wage rates specified 266 

Hourly rates for learners 267 

B. Apprentices ' 271 

Siihrninimum rates for apprentices 271 

Limitation on namher of apprentices 271 

Wage base set 271 

General sto.tenents on apprenticeship in codes 274 

The apprenticeship Executive Order 274 

Learners and apprentices in major codes 278 

III . - ■ Old and Handicapped Employees 278 

Precedents in early codes 278 

Old and handicapped employees in particular occupations ... 279 

Executive Order on old and handicapped employees 279 

Old and handicapped provisions, hy industry groups 280 

Wages set for old and handicapped 282 

lluraher limitation 285 

Old and handicapped provisions in major codes 286 

Slow workers 286 

IV. Jiinior Employees 290 

Junior rates and female differentials 290 

Juniors in other manufacturing codes 290 

Specified occupations 290 

Juniors in Distributing Trades 291 

Child labor in publishing codes , 291 

Provisions for Junior employees in major codes 292 

9803 ~xi- 



CHAPTER XII. SUBMIHIMUI.! IL\T ES (Cont' d') 

Page 

Y. Other Sutminimura Rates 293 

Casual labor 293 

Cleaners and outside employees 293 

Emplojrees who received tips 294 

Helpers 294 

Sutminimum rates for special occupp.tions ; . 294 

VI . Subminimum Rates Per Code 295 

VII . The Problem of Subminim-uin Rates 296 

The problem of compliozice 296 

The standard.s of the Dei^artraent of Labor 296 

KRA policy on subminiraun rates 295 

Minimum standards for subninimum rates 296 



CHAPTER XIII. WAC-E PROVISIONS EOR 5P ECIAI. GROUPS 

I. ERA Policy Concerning "Other" Wages 297 

II . Office and Clerical Workers 297 

Precedents in early codes 297 

Special office T;age provisions, by industry groups 298 

Weekljr earnings , all codes 298 

Weekly earnings, high and low wage areas 299 

Special wage provisions without differentials 300 

Special provisions with differentials 300 

Special office provisions in high and low wage areas .... 301 

Differentials in special office rates 301 

Office and clerical wages compared with basic wages 

in same codec 305 

Employees covered by office provisions 309 

Office rates in the codes compared to PRA 309 

Office wages in the major codes 309 

Summary 311 

III. Office Boys and Girls 312 

Precedents in early codes 312 

Number limitation 312 

Provisions for office boys and girls, by industry groups. 313 

Wage set , 313 

Weekly ee-rning- 316 

Office beys and girls in major codes , 318 

The problem of office boys and girl rates 318 

IV. Sales Employees 321 

Exemption of commission saJesmen 321 

Minima for commissioned salesmen 321 

Stores and service stations 322 

V. Wage Provisions Concerning Watchjnen 322 

Subminimum hourly rates 323 

Weekly earnings 323 

Highei^b rackets cla,ur.;es .... - 325 

The problem of wa,tchjrien' s wages 325 



9803 



-:di- 



CHAPTER XIV. WAG-ES iSOVE THE M IHIMmi 

Page 

I. PEA and HSA policy on Wa^^es Atove the Minimum 327 

Fotir possilile arrangements 327 

Early HEA precedents n 328 

II. Classification of the Code Provisions i 331 

III. Codes with Wage Schedules or Basing Points ;, 335 

Class 1. T7age schedules or basing points 335 

IV. Codes with Emphasis on I'aintenance of Former Earnings .... 340 

Class 2. Maintain wee^rly earnings and other provisions. 340 

Class 3. Maintain weelzly earnings 341 

Class 4. Partly maintain weekly earnings 342 

V. Codes with Emphe.sis on "laintaining Differentials 345 

Class 5. Maintain differentials 345 

VI. Codes with Enphasis on EquitaDle Adjustments 349 

Class 6, Maintain equi table differentials 349 

Class 7. Equi table adjtistment - PRA 349 

Class 8. Equitable adjustment; no reduction in 

hourly rates 350 

Class 9. Equitable adjustment 351 

VII. Codes with IJo Positive Requirement for Wages in 

Higher Brackets 353 

Class 10. Policy statement or equivalent 354 

Class 11. Report only 354 

Class 12. Uo provision 355 

VIII. The Problem of Wages Above the Minimum 356 

Con^>*->^tive equality , 356 

Wages above the minimum as a planlc in the wage floor . . . 356 

Coverage in terms of codes and employees 357 



CHAPTER Xy. MISCELLANEOUS WAGS PROVISIONS 

I . Methods of Wage Pa^s/ment 358 

Minimum wage guaranteed regardless of method of payment. 358 

Method or time of wage pajnnent 360 

Deductions from wages ., 360 

Company hours and company s tores 351 

1 1 . More Stringent Laws Hold 362 

III. Provisions Relating to Compliance 362 

Reclassification of employees 362 

Regulation of contractors 363 

Posting of code provisions 365 

ITo dismissals for con"olaints 365 



9803 -^"""- 



CHAPTSR Xy. MISCELLAM:0US wage FROVI Slow s (Con t'd) 

IV. Provisions Relating Especially to TJomen 366 

No sex differential 366 

Homework provisions ,. 366 

v. Other ¥age Clauses in tfajor Codes 368 

Reports on wages 368 

Labor Agreements to hold 368 

Special prohlems in particular industries 369 

VI . S-ommary 370 



CHAPTER X\a. SUIvIMARY 3Y GROUPS OF I NDUSTR IES 

Metals codes 4 371 

Non-Metallic Minerals codes 371 

Fuel codes 372 

Porest Products codes 372 

Chemical codes » 372 

Paper codes 372 

Rubher c odes 373 

Equipment codes 373 

Pood codes 373 

Textile-Pahrics codes 374 

Textile-Apparel codes 375 

Leather and Pur codes 375 

Fabricating codes 375 

Graphic Arts codes 376 

Construction codes 376 

Transportation codes 376 

Finance codes 377 

Recreation codes 377 

Service Trades codes 377 

Wholesale Trades codes 378 

Retail Trades codes 378 

Retail Trades codes 378 



9803 -xiv- 



TABLES 

Page 

1. Progress of 131A. Codes and em-olo:.'ees covered "b;- tlien 4 

2. DistrilDut.ion of ein-oloj'-ees among 578 codes 6 

3. ICLA. Codes cls.s?ified "bj industry group and. nurnter of em-oloyees 

covered 14 

4. Percentage of em-oloj'ees in major codes, ty industry groups 15 

5. Total employees in each industry group with details for codes 

having 50,000 or more employees 16 

6. Distrihn.tion of codes and employees among industry groLips, 

classified e.ccording to length of ha.sic hourly week 27 

7. Percent distrihxition of codes and em-oloyees among industry 

groups, classified Toy length of "basic hourly week 28 

8. Percent distribution of codes and. employees in basic houi-ly 

week - 40 hours, under 40, a.nd. over 40 - classified by 

industry groups 29 

9. Maximum hours per day and maximum days per v/eek for basic 

employees; frequency of s-pecified code provisions, by 

industry groups. 36 

10. Ilethods used to provid.e elasticity in hours: frequency of 

specified code provisions, by industry groups 40 

11. number and percentage of codes and of employees covered by these 

codes, with s-oecified iDrovisions for elasticity in hours.... 43 

12. Hours provisions in major codes 46 

13. Averaging provisions for ba.sic. em-oloyees: nrjnber and percentage 

of codes using and of employees covered by these codes, by 
industry groups , 71 

14. Averaging iDrovisions for basic em-oloyees: niimber of codes con- 

taining specified xirovisions, by industry groups 72 

15. Averaging nrovisions for basic employees: number of codes and 

number and. percentage of em-plo^'^ees covered by codes with 
specified provisions 73 

16. Averaging "orovisions for basic era-olo;''ees; number of codes 

having specified averaging -oeriod, increase in \7eekly 

hours, overtime ToajTnents, and special --oeriod limitations.... 75 



9803 -XV- 



Page 

17 . Averaging ^jpovisions iv najor codes 77 

18. Averaging provisions: their occurrence in successive 100 codes.. 79 

19. General overtime -orovisions for Dasic ea^oloyees: nuater and 

percentage of codes using 3.nd of employees covered "by these 

code s , "by industr3'- gi'ou"os 85 

20. General overtime provisions for tasic ea-Dloyees: number of codes 

containing sxiecif led -orovisions , "by industry groups 87 

21. General overtime provisions for "ba.sic enplo^'^ees: nunber of codes 

and number and percentage of employees covered by codes with 
specified ■■Drovisions 88 

22. Gener3,l overtime provisions in major codes 91 

23. General overtime provisions: their occurrence, trith and v7ithout 

averaging provisions, in successive 100 codes 94 

24. Pealc-period provisions: their occurrence in successive 100 

codes 99 

25. Peak-period provisions: number and -oercentage of codes using 

and of employees covered by these codes, by industry groups... 100 

26. Peah periods for basic em-oloj'-ees: number of codes containing 

specified -orovisions, b-y industry grovsos 102 

27. Peak-period -orovisions for basic em-oloyess: nvjiiber of codes and 

nimber and -oercentage of en-oloyees covered by codes nith 

s-pecif ied -provisions. , ...........r... 103 

28. Peak period provisions in the major codes 108 

29. Other peak periods in major codes 113 

30. Emergency-period provisions for basic erroloyees: number and 

percentage of codes using a.nd of employees covered by these 
codes, by industr'/ grouios. 117 

31. Emergency-period -orovisions: number of codes and niJinber and 

percentage of employees covered by codes nith specified 
provisions .119 

32. Emergency--oeriod -orovisions: number of "codes containing speci- 

fied provisions, by industry groups ......121 

33. Emergency periods in major codes 122 



9803 ^^^^ 



Page 

34. Special hoiirs iDrovisions for office and clerical workers: nxm- 

"ber and -oercentage of codes .■ using and of er.-oloyees covered 

"by these codes , "by indtistr;'" groups 128 

35. llajiinxim hours -orovisions for office and clerice.l ivorkers: 

distritixtion of codes "by s-oecified hours and "basic or 

s;oecial -orovisions , "by industry grou-os 129 

36. Methods of riroviding elasticity in hoxirs of office and cleri- 

cal workers: frequency of each specified code -irovision, 

"bjT- special and "basic r)rovisions and industry groups 130 

37. Averaging provisions for office and clerical vrorkers: 

frequency of each specified provision for average hours 
e-nd increase in weekly hours, "by special or hasic pro- 
visions and industry groups «... 132 

38. Averaging provisions for office and clerical workers: 

frequency of each specified averaging -oeriod, "by special 

or hasic provisions and ind.ustry groups. 133 

39. Special hours provisions for office and clerical v.'orkers 

compared to "basic hours orovisions in the same code: 

num"ber of codes and nun'ber and -oercentage of em^Dloyees 

having longer, shorter or sane hoxirs as "basic 135 

40. Distri"bution of codes and employees covered "by the codes, 

classified "by length of week for office employees "b-y industry 
industry groups 139 

41. Percent distri'bution of codes and em'oloyees covered hy the 

codes, classified "by length of ha.sic week .for office 

employees "by industrjr groups 140 

42. Special hours provisions for repa-ir-shop crews a-nd emergency- 

repair periods: frequency of specified code provisions, 

"by industry grouos 145 

43. S-ujEimary of code -provisions for specified excepted occupations. 153 

44. Occupations with longer or looser hours provisions than 

"basic employees in the same code: frequency of specified 

code provisions , "by industry groups 156 

45. Sumnary of code -provisions for specified ercepted. occupa.tions 

in the ma.j or code s 1 69 

46. Hiscella-neous hours provisions: frequency of a-ppearance 

in codes, "by industry groups 173 



9803 



-xvii- 



47. Ilinim-oin rrages in the Lumber Indf.stry. . , 202 

48 liininum hourly Pcites for iDasic male production worker: 

number of codes containing specified provisions, by 

industry groups 211 

49. Basic minimum hourly rate; number of employees covered 

b;;- each specified provision, classified by industry 

groups 213 

50. Codes v/ith basic flat minimum or top rate over 40.;^ per hour.... 216 

51. Codes with basic flat minimum or top rate under 30jZ' per hour... 21S 

52. Codes with b?.sic bottom rate less than 25^ (top rate 30/ or 

more) 220 

53. Codes with no lov;er limit set (lowest stated limit tabu- 

lated) 221 

54. ilethods used to provide elasticity in wage structure: 

frequency of specified code provisions, by industry 

groups 224 

55. Codes with no subminimum rates: number of codes providing 

each specified wage, by industry groups. i . * 225 

56. TJage provisions in the major codes ,i 56 

57. Differentials in hourly rates of male production workers: 

frequency of specified type and amount, by industry 

groups , 235 

58. Differentials in hourly rates of male production workers: 

frequency of specified amounts classified by highest 

basic rate , by industry groups .;;.'; 244 

59. Pemale and lightwork differentials: number of codes con- 

taining specif ied provisions, by industry groups 252 

60. Pemale differential and light and repetitive work differ- 

ential: number and percentage of codes using and 

of employees covered by these codes, by industry 

groups 253 

61. Submininium hourly rates for women worker, with and without 

differentials: number of codes having each specified 

rate , by industry groups 255 

62. Pemale and lightwork differentials: number of codes and 

number and percentage of employees covered by codes 

with specified provisions, by industry groups ,i 256 

9803 -xviii- 



Page 

63. ITage provisions for learners: num'ber and percentage of 
codes using and of employees covered "by these codes, 
laj industry groups 260 

54. TTage provisions for learners and apprentices; number and 
percentage of codes using and of employees covered 
by these codes, by industry groups 262 

65. Learner and apprentice provisions: their occurence in 

successive 100 codes 253 

65. TTage provisions for learners: specified provisions for 
number limitation, period limitation, and wage base, 
by industry groups ,...., 264 

67. Subninimum hourly rates for learners: niomber of codes 

containing specified provision, by industry groups •• 270 

68. Subminimum rates for apprentices: number of codes con- 

taining specified provision for number limitation, 

period limitation a,nd wage base, by industry groups 272 

69. Uage provisions for apprentices: number and percentage 

of codes using and of employees covered by these 

codes, by industry groups 273 

70. Learners and apprentices in the major codes ... 276 

71. TTage provisions for old and handicapped workers: number 

and percentage of codes and of employees covered by 

these codes, by industry groups 281 

72. provisions for old and handicapped workers: their c-"cur- 

ence, with and v/ithout specified wage provisicao, in 
successive 100 codes 283 

73. Submininrum wages for old and handicapped employees: ntun- 

ber of codes containing each specified provision, by 

industry groups 284 

74. TTage provisions for old and handicapped employees in major 

codes 287 

75. iJinimum weekly wage provisions for office and clerical em- 

ployees; number of codes providing each specified rate, 

by industry groups • 302 

75, Special wage provisions for office and clerical employees: 
number of codes providing each specified weekly rate 
and comparison with basic rate in same codes, by 
industry groups 303 



9803 _^^„ 



't 



Pa-ge 

77. Special wage provisions for office and clerical \7orkers: 

type and amount of differentials, by industry groups 306 

78. Basic nage provisions assumed to cover office and clerical 

\7orkers: number of codes providing each specified 

rate , by industry groups 307 

79. Subniniraom weekly rates, number liiaitation, and tjrpe of 

differential for office boys and girls, messengers, 
clerical learners, and junior clerks: number of 
codes containing each specified provision, by indus- 
try groups 314 

80. T7age provisions for office boys and girls, etc.: number 

ajid percentage of codes and of employees covered by 

these codes, by industry groups 319 



81. TTage provisions for office boys and girls, messengers, 

and clerical learners in major codes. 320 

82. iiinimum wage provisions for watchmen: number of codes 

containing specified provisions, by industry groups...... 324 

83. Treatment of wages in the higher brackets: number of codes 

containing specified provisions, by industry groups 333 

84. Treatment of wages in the higher brackets: percent dis- 

tribution of employees covered by codes having 

specified provisions, classified by industry groups 

and by class of provision 334 

85. An eiajnple of wage schedules above the minimum in the Goat 

and Suit code - A and B , 336 

86. iiiscellaneous wage provisions: frequency of appearance in 

codes, by industry groups 359 



9803 -XX- 



-1- 

" CHAPTSH I 

l.ISTHOD AlTD SCOPE OP THE STUDY 

Tlie 1TR4 codes nake a nerr three-foot shelf of 23 vol-oiaes. (*) 
Perhr.ps one page out of six is concerned \'ith lahor provisions, hut a 
student of the laoor provisions T-'O-old have to read practically all of 
the 20,000 pages to r.iai:e certain that the inport to lahor of such pro- 
visions as those regarding trade practices or the duties of code auth- 
orities TTOuld he overlookeo.. It is the purpose of this study to sum- 
marize these lahor provisions so that the reader nay laiow nhat is in 
this enor-ious hodj'' of adninistrative la,bor lau: ITliat were the la^s on 
T7ages and hours in 1933-35, under the codes? ^Tns.t trere the labor stand- 
ards to uhich the Hecover;.'- Adninistration gave Eederal administrative 
ap'oroval? 

I. I7IEA and FRA 

Historical ha-cl-ground .- The I7a.tional Industrial Recovery Act was 
signed J^me IS, 1933. The first I-HA code - for the Cotton Textile Indus- 
try- was approved J"alj'" 9, 1933, and. hecane effective July 17, 1933. It 
covered 'al:'.ost half a nillion workers. Severp.1 other textile industries 
enlisted "onder the "banner of the Cotton Textile code, as is indicated in 
nine Executive Orders signed July 14 to 27, 1935. Cotton Thread, Rayon 
leaving, and Textile Einishing remained mider the Cotton Textile code; 
Sil/; Textile, Throwing, Underwear, Cotton G-ament, and Cordage and Twine 
la.ter had codes of their oxm.. Man;?" other codes ^'ere suhEiitted and 
hearings were held, "but no further codes were approved tintil July 26,1933, 

lieanwhile, on Jiily 20, 1933, G-eneral Johnson, Administrator for 
Industrie! Recovery, anno'anced a "plen to create no^tion-wide reemplojinent 
""oy P?J]SIDSnTIAL AGREHTEilTS." KRA B-clletin lio. 3 of that date stated: 

"In this national emergenc;,", we cannot delay "broad reemploy- 
ment while we wait for codes. If we are not to have a set- 
ha,ck in our returning prosperity, and if we are to trite 
this chpn.ce to get out of this depression, we m'ast a.ct more 
oxiic^ly to get more and fatter loay envelopes to our workers. 
"Je CBji do this "onder Section 4(a), 1II3A, vdiich, in addition 
to codes, permits tra.de groups and a.lso individual employ- 
ers to make AGREEiSlTTS TJITE THE PRESIDERT ElLSELE, to do 
their laart in this great effort. This "bulletin sets forth 
this swifter plan which is in addition to (and not in place 

of) codes." (**) 

(*) lTa.tional Recovery Administration, "Codes of Eair Competition" 

"^a-shington, U. S. Government printing Office, 1933-35, 23 volumes. 

These voluies will he cited below merely as "Codes of Pair Competition." 

(**) Tl-ese IIRA Bulletins, originally 23U.blished ''oy the U.S. Government 

Printing Office, a.re reproduced in "Federal Trade and Industr^r Ser- 
vice", Hew York, Prentice HaJ.1, Inc., 1934. Bulletin IIo. 3, is in 
paragraph 16,014, 



900: 



-2- 

The Presidentis F.eenplojnnc'nt Agreement, corinonly cal?;-e6. the PHA., 
T-hicli TTc.s oo oe sij/ned bj' "ell individurl eraplorers at once" is at- 
tached in Appendir. I. Its various provisions vill "be discxissed in the 
appropriate chapters on ho\xrs eivI vv.{;es. 

li.rolo-'T-ees covered l)y the FPA. .- The P3A '.'as si,:';ned "oy over 
2,300,000 enploj'-ers hut nost of the signers "substituted" some longer 
hours or sone lo^-^er r^ages for the terms of the proposed agreenent. (*) 
In industries rhich had suhnitted codes for adjunistra-tive approval, 
enploj-ers suhstitiited the proposed labor provisions of the code. It is 
estinated tha.t the industries for ^hich substitutions nere approved 
covered 17,000,000 enplojrees but 10,000,000 of these eraploye.es had been 
brought LUider codes by the end ox 1^33. (**) 

The PfJi originally vras to nui ••.mtil jLaiuar;^- 1, 1934, bu.t it rras 
extended "bj Executive Order to A^oril 30, 1S34, and then "for a, further • 
period beginning Hay 1, 1934, and e:;ding v/hen tlia,t part of his (sii 
eniDlojror ' s) business becane subject to an approved code of fair conpe- 
tition. (***) As a matter of fact, sone industrj^ groups for rrhich PHA. 
substitutions "ere approved never ca'-^,e •ujider azi approved code.' Several 
hundred thousands of v'orkers in insuralice conpanies, ptiblic utilities, 
telegraph and telephone conpajiies reviained under P2A labor staaidards 
until the :~A codes rrere abolished. 



(*) See paragraph 14 of PRA. (Appendix I) . A PIA Policy Board vas 
set up to approve these substitutions. ' ' 

(**) See "Ta.tional Hecover^r Ad-.inistration, Division of Revieir, 

'Jot.: l.p.terials ITo. 30: "Substitutions in Connection irith the 
President's Reenijlo^^ient Agreement", b3'' Pa,ul Eutchings, and 
"Control of Hours and 2.eenplo;;n:ient" by Solonon 3arl:in. 

(***) Z.-.ecutive Orders 6515 (Decer^ber IS, 1933) Codes of Pair 
Conpetition, Volviie XV, p. 633 and S6SA iAvr-il 14, 1934), 
Volume IX, p. 881. The extension vas in this form: 
Hie President offered to enter into the President's reen- 
plo^-ient Agreement nith the head of every business estab- 
lishr:ent as to any pa.rt of his business not subject to an 
approved code; all substitutions and exenptions approved 
and all exceptions granted to pa.rticular eniDloj^ees rerc to 
applj" to the PHA as extended: Displa.y of the Blue Eagle 
T7as to be deeued an a^cce^trnce of the offer of extension. 



9303 



-3- 

- II. T.T. PIICC-?J:S5 01' C03E i JUIIIIC- 

The code-nalzin^ pi-ocess continued duriiv_; the period of PPJl activity, 
fourteen codes r.'ere approved in August 1933 and 13 in Septeuoer. Four- 
teen of the 30 codes approved in the first three nonths of IIHA. nere 
major codes (covering 50,000 or more enjiloyees). Together these 50"eades , 
representing only 5.2 per cent of .the ;to,tal codes, ';Covereci:21 per cent 
of the enploj-ees T7ho vere brought' Tindfer" cOd'e.s. ' Tahle 1 traces the pro- 
gress of code :iai:ing hy three-nonth periods. Between Octoher 1, 1933 
and January 1, 1934, 170 codes, covering over 7-'^ million employees, 
vrere approved hy IHIA.. The first" thl-'ee' nonths Ox 1934, however, wit- 
nessed the approval of the largest n'ojjjtjer. of codes as the prolonged ne- 
gotiations of nany of then cane, to an end. In tliat; qua,rter-year 185 •_ ■ . 
codes rrere ap2"'roved, covering 7,575, COO employees. ' These codes consti- 
tuted alr.ost one-third of all, thb "cddeh;" the' employees, covered rrere more 
than one- third of the total employees trho ^^ere "brought under codes. By 
the end of iJarch 1934, t',70-thirds . of all the codes to he approved had 
"been approved ojid seven-eighths *of .all em-:)l6yees coming 'under codes Fere so 
covered. ■ ■ 

1 

Tlie ne:;t three months sarr sjiother 107 codes completed, hut the 
industries covered averaged, smaller in nuiviher of employees. ■ That quar- 
ter's output rejjresanted 18.6 bei; cent- of -the codes' but : only 8.3 per 
cent of the enploj-eos under codes. It brought the total a.pproved codes 
to 85.4 per cent of all approved-.'codes- and- the erqjldyees covered to 
95.9 per cent. In each of thd next three period.s, f.e'-er , than a quarter 
million employees ^rere added t-p the codified lints; the nujiber of ne'j 
codes fell off to 48, 20, 15. ; •- ••■"■. 

III. THE GOSnS AS STATISTICAL UIIITS 



The three-foot shelf contains, among other IFilA. docixments, 557 
"codes of fair competition" and 19 sets of so-called "labor provisions" . (*) 
The code, labor provisions present a bewildering variety. It. is, of 
course, possible to list the labor provisions of the 1576 codes separ- 
ately, (**) but it is difficulii to get ^in- uiid'ertandiag of the labor 
stand3,rds ci the codes fron'-sudh scattered listings. L'.Tp-see .uhat'ivere 
the tendencies in 1I?A labor -orovi si ong reouires "somg ■;5'oi''t, of : frequency - 

(*) The "labor provisions" applied to agricaltur'al products 'codes vrhich 
nere hsn-dled jointly hy the AAA azii- HEA.^'' The "labor provisions" 
■jere formulated under the iT?A- and v.-^re Is sited' :?iith' the statement 
that "they nere to be madej part of a Code of Pair Competition for 
the Industry." Three "la,bor provisions" '.-ere later incorporated in 
iHA codes: LP2, Im.ported Date Packing became Code iIo.490,;LP3, 
THiolesale Pood and Grocery, CocLe ITo.196, and LP4, Hetail Pood and 
C-rocerj^ Code lIo.l82. ".'.■■•• 

(**) Leon C. harshall, Hours and TTages Provisions in ITHA Codes, the 
Broohings Institution, 1935, -do-es tnis 'for the first 500 codes. 
In this present studjr majiycode^.pro visions are intei'preted as having 
a different operative meaning from, that listed in the Brookings 
study. 



oan'z 



-4- 






0) 



9203 





k 






cr\ LPvUPv o^ o^ cr> 


Q) 









•'•••■• • • • 


> 


H 


w 




O-^ tOVD I^IO 


•H 4J 


Si 


Q) 




OJ ltmjO CTicrvcr^ 


•P d 


n 


<U 




r-H 


tti Q) 


S 








p ^ 














" 




g P 


w 










cu r— bo^ 10 OJ 
•.•■••••• 

r^vx) fo o--, o-^ 

H 




^ 






L^^^JD H iH r— U3 ^ 
OJ CA t"- LO to H LPi 


(D 


H 


01 




r- 01 0^ to r^ Lr> 


> 


r-ij 


a; 




«k «« ^ •» M VI «^ 


•H W 


1 


(D 




J- OJ 0^ rH CvJ OJ OJ 


■IJ rH 






1-1 r-1 CO OJ OJ OJ 


c5 cu 
H 




















m 















IT^OJ Q VJD 


'xi 















rvi r^^ LC^ LPv LPi 















^ 







CTiUD 1^1 0, H . 







W 


• 


■ «. •- • •. •- • • 




iH 


(D 





h'^-^l" to H H rH 




Pi 








OJ KM^ 


+3 


^ 




H 



















" 


OJ LPi rH >J3 K^ ir\ to 


<D 


m 




• . 


• t. •■ •. •. ■ • 


p-l 










LT, cTi cj to to rn OJ 




nzj 







CJ K-iH 









H 




























to 


n_) 








(D 


fJ 








<D 


ri 


J- 


Ln rH ir^ v3 cr\ to 




r s 


en 


LO 


OJ r— r^ to r^ c\j t^ 







r-^ 


LT' 


r^ urwD to OJ OJ co 




f— 1 


b 


• 


•« » •« ^ 


^1 


0. 


^ej 


ru 


^ r-r-rH 


0) 


M 


+= 


OJ 




1 


*^-^ 






c; 




ci 






a) 










■■cJ 




v^ 


LP\ r— to o^j:) 









h- 


t^r—ho ojt c\\ r-i 









LT' 


H rH H 








^- • ^ 








+^ . <D -P .0 








Pi irt fl p, ^ 








Q) (U Cu r;: 0) Q) rJ 








W R 2 1^ CO S 








■ •• ■• 9 ^ • • • 








fkD > rO C\; M > rC3 


"Ci 




i-l 


d (D ;:^ ri 0) 







nJ 


<i; ^4 P=H <a) :^ P--I 


•H 




+' 




^ 







«« *« M f— 1 M >l •« 


0) 




E-l 


t>j • • "H K^ • • 


Pi 






rH 4^ rt ;h rl -P S 

IJ CO Pi ^i CJ cG 

*-3 i^ -a! ►j "^ 
(T\ O"-'. CA 










rH H r-I 



+2 

CD 

CU 
CI 
CO 



CO 
o 

CO 



O 
!h 

Pi 

fH 
O 



rH 

nd 
id 
Cd 

CO 

o 
o 

1^- 



O 
to 

CTi 



table ciialj'sis, saic", to rjresent laboj? ^Trovir-ions statistically requires 
a unit of neasurenent. The nost obvious tmit is the ITPA code. 

' Ennloyces :oer code . If one thinl:s of codes in ter-.s of the ntufoer 
of e!aplo3-ees covered, (*), hOTreTrer, it is clear the/b .they nere- verjr ■ 
uneven luiits.' Brattice cloth nantif ae turin^i' Qovered 70 employees Trhile 
construction covered 2,400,000 enploj'ees. As ts.ble 2 sho'^s, there 'jere 
305 codas ^ith less than .5,000 enplovees,_ 108 Tdth less than 1000, 57 
-TTith less' than 500.' The '305' codes '"ith fev;er. then 5,000 employees re- 
presented 52.8 per cent of thO; codes "but onl"- 2.5 per cent of the 
■22,554,000 eniploj'-ees under cod-es-, Tihile the three codes "'ith a nillion 
or nore elaplOA'-ees reiDresejited .5. per -cent of 4;he codes 'but nearly a 
i-Qurth of the employees loiider codes. ; Incl'ading the three codes trhich 
had 1,000,000 or more employees each, there nere siz codes 'jhich had 
500,000 or r.oi-e employee s, each; tai:en togGther the;,^ rrere 1 per cent of 
the codes "but thej". covered almost one- third of the employees under the 
codes.' There rere 51 codes uhich had' 250,^000; or more emploj'-ees each; 
these accotuited for 3.5 ioer.cent.of the .codes- but maieh more than half 
(56.5 per cent) of the emplo3-ees. The 49''C0des vhich covered 100,000 



(*) ITeightinJ; codes by the n'a.mb"er" of ' eriplojrees covered is no simple 
matter-, for many of the codes .cut. across the industrial classifi- 
cations for T.'hich the j3iirea.u of the .Census present figures. Some of 
the trade a,ssociations proposing codes had no trastr'orthy figures 
concerning the employees cov.ered l^y th^lr members. The fig-ures 
used here follow the figures assembled by the I7SA. Division of Re- 
search and Planning in ila.]" 1335, based on Census of haliufactures 
fig-ures, reari-anged to fit the codes and supJ^iemented with estimates 
b].- code authorities. For the fe-^i indUustries not included oj the 
Division of liesearch and Plaj-niing, estimates by other informed 
soiirces have been added. See Appendix II ^."hich incorporates (irith 
one correction) 'TJor]: haterials IS of the iI?A Division of Review. 

One important qu.estion was:- IPor,''.';hat ^'•ear should emploj^aent 
figures be presented: Inasmuch as the emphasis in code mal-ing 
wr.s on restoring employment in., each ind-cstjrj^ to 192S levels, 
1929 enplojT-ient figures were used -in weighting the codes. For 
some industries, (indicated in Appendix Il)for v.hich no 1S29 
figures were available, figures for later "ears were substituted. 
The alcoholic beverage wholesaling -snd .alcoholic beverage im- 
porting industries are examples -of codes for which 1934 fig'oa-es 
had to.be substituted. 



9803 



-6- 
TADLS 2 



Di3tri"bution of e-.iployees anon.'T 57^ codes a/ 















Cunu: 


.ative 




-oer code 


Vr.v 


-iter 


?( 


=rcent 


Per 


cent 


Enployees 




Ein-::)loyees 














Codes 


(thousands) 


Codes 


' Enjloyees 


Codes 


En'oloyees 




Total 
^,999 


'^lu 


22,5^U 


100.0 


100.0 


100.0 


100.0 


50 to 


305 


519 


52. S 


2.3 


52. S 


2,3 


5,000 to 


9,99S 


72 


505 


12.5 


2.2 


65.2 


U,5 


10,000 to 


•19.999 


66 


932 


11. u 


U.l 


76.6 


S,7 


20,000 to 


29,999 


^} 


S2U 


5.7 


3.7 


82. U 


12,3 


30,000 to 


39,999 


16 


539 


2.S 


2.U 


S5.I 


1H.7 


Uo.ooo to 


49,999 


lU 


596 


2.U 


2.6 


S7.6 


17.H 


50,000 to 


99,999 


23 


1,627 


U.O 


7.5 


91.5 


2U.S 


100,000 to 


2^9.999 


2g 


U,215 


u.s 


IS. 7 


96.U 


^3.5 


250,000 to 


U99.999 


15 


5»5S3 


2.6 


2U.S 


99.0 


6S.3 


500,000 to 


999,999 


3 


1,711 


.5 


7.6 


99.5 


75.9 


1,000,000 and ovjt 


-7 


5.^3 


.5 


2U.1 


100.0 


100.0 



Source: Pigares compiled in liay 1935 "^7 'tl^s Statistics section, Division 
• of Hesearch and Planning, National Recovery Administration. 
Host of the figures are I929 eraploynent, though a feu are as 
late as I93U. (See Appendix II). 

3;/ 557 codes, 19 LPs, and 2 e:;tra divisions of the Petroleum code. 
(See p. 10). 



enployees or nore er.ch represented 0.5 percent of the codes and. 75'2 
percent of the employees. The 72 codes which covered 50,000 enploy- 
ees or more each accounted for 12. 5 percent of the codes and 82,6 per- 
cent of the emplo3''ees. This great diversity i-n the size and impor- 
tance of codes raslces less significant statements concerning the num- 
ber of codes having various provisions unless they are supplemented 
ty statements concerning the numher of employees covered hy the codes 
concerned. 



Supplementary codes - iiany codes hs,d supplements or divisions 
which some compilations of ITPA. code provisions have counted as se- 
parate codes. These supplements served to ads-pt the provisions of 
some basic code to some smaller related industry, which might be 
considered a division of the industrjr under the hasic code, such 
as Funeral Vehicle and Ambulance, a supplement to Automobile iianu- 
facturing; and Carburetor Lianufacturing, a supplement to Automotive 
Parts and Equipment. liost of the supplements incorporc?.ted the labor 
provisions of the codes which the3" stipplemented; they merely'- provi" 
ded sone trade practice provisions peculiar to some branch of the in- 
dustry. Other supplements modified the labor provisions of the ba- 
sic codes, in some cases quite radically, and added ne\7 labor laws 
to the complicated body found in the codes. 



„7- 

Arooendix 11 shoFs that 20 codes had 201 supplements. (*) . Seven of 
these 20 codes had one su-p-olement each. At the other erctreine are uhole- 
sale or Distrihuting Tra,de pnd Constfruetion with 23 supplements each, 
each, Machinery aad Allied Products with 47 supplements, and Pahri Ga- 
ted Letal Products with 62 smoolements. 

The llRk terminology T>as further com-olicated in that some of the 
supplements ?rere called Appendices and. some Consolidations. Jor example, 
Cleaaser was consolidated with the Soap and Glycerine code, and Ply 
Swatter was an- appendix to Fahricated Metal Products. 

Furthermore, at least one approved code may he considered a supple- 
ment of another such code. Code 176, Paper Distrihuting Trade, con- 
tained, when ap-oroved Decemher 23, 1933, a statement that "if and when 
a general code for the Wholesaling or Distrihuting Trade ... Shall have 
"been approved hy the President and shall "become effective, this code 
s'hall "become suhordinate to siich general code and s'neill "be deemed a 
supplemental code for the Paper and Paper Products Commodity Division 
thereunder." Since, the Wholesaling or Distri"buting code was approved 
January 12, 1934, the Pai5er Distrihuting code had a shol? existence as 
an independent code. Inasmuch as its lahor provisions are different 
from the general Wholesaling and Distri"buting code. Paper Distri'outing 
Tra.de is counted here as a code. '' 

Divisional codes - Some of the codes liad divisions which seem very 
similar to the supx>lements. The Sa"bher i.ianiifacturing code as approved 
had nine product divisions, eight of these having the same lahor pro- 
visions as the hasic code, while the ninth, Eainwear, had slightly 
different lahor provisions.- W^rien it was ap'oroved, the lumher and Tim- 
her Products code ha.d 15. product divisions and 21 suhdivisions, with 
a great variety of minimum wage rates;, its 32 a,mendments added 15 di- 
visions and suhdivisions ?rith a further variety of miniEiam wage rates. 

In some industries the small divisions had separate codes. Thuis 
there were separa.te codes for Fresh Uater rea,rl 3u.ttons, Covered But- 
tons, Pihre and Metal Work Clothing Buttons, Yegetahle Ivory Buttons, 
and Cellu.loid Buttons, Buchles and.ITovelties, though it is to he said 
tiiat s. consolidated code for these and four imcodified hutton indus- 
tries was under way when tlie HPJ.'s active life came to an end. Sepa- 
rate codes were t"ne order of the day in the Paper codes also. There 
were individual codes for Set-up Paioer Boxes, Folding Paper Boxes, and 
Corrugated Shi-oping Containers; separate codes for Pumming and for 
Gummed Lahels; for Paper Disk Milk Bottle Caps, Sanitary Milk Bottle 
Clos-ojres, and Bulk Drinking Straws, and for, literally, a score of 
other paper products. 

The code, the unit of conjiting in this re-port - These different 
trends - (l) consolid-ation of related industries under a hasic code 
with supplementary or divisional codes for particular hranches of the 
industry and (2) multiple codification for related industries - compli- 
ca,te the choice of the unit of counting code provisions. 

(*) (See also summary tahle in Section V of this chapter). 



To ■orese'^.t the lator orovisions of eac'i code, sutrolenient, a:id di- 
visiop. rrould seen to a,dd rjRicii reiDetitions detail to the.,treat'e:it s. 
It TTOuld overer.rohasize the lalDor orovisio~is i:i the Equi-orient, L'achi- 
r.ei-", ?a'briC'p.ting, Co:i.sti'u.ctio:.\, aad "'lolesale codes, for these codes 
L:ade the uost use of su-o;..\leu6^ts.;, ;;uDxeover, it \70iild be in-ossilile 
to "eight 'the su-ppleroents and. divisions "by the nur.her of employees he- 
caMse siich- fi^re? for sirxole^ientB .are available in only a fev of the 
larger codes. Accprdingly-i . this rfeport x;ill "be nade in terras of codes, 
except thp.t each of the three divisions of the Petrolenra code, prodf.c- 
tion f Drilling rnd pipeline. G'^iftration), I,;ar;:et Operations, and pilling 
and Service Stations,. Y/ill be cou.nted as separate codes,. These tia-ee 
divisions had quite different labor .standards; the sna.l?est division - 
harheting - covered over IOC, Ov~'C -enrployees, together they covered al- 
nost a Mlliovi ^TOrlcers. .. , , . 

The -r'eriod codes !?ere effective .- The codes differed greatly also 
in the period in nhich. they ■'/rere effective. The first code, Cotton 
Textile,- was a-oproved JvJ.j.Z, 1P33; th.e last, '''^o. 557, Bowling and Bil- 
liard Eqiii"OT!ent, on liarch 3.0, 1935. One code. Cinders and Ashes, was 
cancelled^ (*). The Stiaictural Steel and Iron code ^as stayed bj- Ad- 
miriistrative Order, 'first for ].5 days, .then for 10 days, and finally 
it was "stayed for all ixirposes. . .pending the further order of the ra- 
tional Indastrial Recovery Board." (**). 

Several service codes were siisoended by Executive Order(**!'') May 26, 
1S34, except for "provisions governing child labor, raaxinTum hours of 
worl: and minimur; rates of pa.;^, and tiie mandatory provisions of Section 
7-(a) . a:id 10(b)." As a natter of fact, the Laruidry code and the Barber 
Shop code were probably never legally effective, though thotisands of 
er:7loyees worked imder these, codes. The Executive Order approving ea.ch 
of t.hese codes provided that the code should not become effective tua- 
less and ui.it il cer''"ain requirenents were fn.lfilled for each tra'Xle area. 
These requirenents included: (****^, 

"(1) The Code Authority shall have designated the bouiidan-ies 
of such trade area as provided in... the Code and the Acbninistrator 
shall have approved the sane; 

"(2) The Code Authority'- shall have esta.blished a Code Con- 
trol Board for such trade area... 



(=") Codes of Pair Corpetition, volurae XIX, p. 459. 

(**) Codes of Pair Competition , volume XIY, p. 562, XV, p.- SSg 
XVII, p. 557. 

(***) i;ot or Vehicle Storage and Parking, Boiling and Billiards, Ba.r- 
ber' Shop, Cleaning and Dyeing, Shoe Hebnilding, Advertising 
Display Installation, and Advertising Distributing. Codes of 
Pair GoKoetition, Vol. XI, p. 797. Lairadry and Hotel were ad- 
ded later. 

(****) The quotations are from the Execnntive Order approving the Laun- 
dry Trade code. (Codes of Pair Corrietition, Vol. VI, yop. 487-8). 
The Berber Shop code provisions differed only in terminology^. 



-9- 

"(3) The Code Go'^.trol Boprd for sf.Cll trade area sha].l have 
caused to be deteiinined the nniform service nai-ies for laandry ser- 
vices, definitions of sa,id services, a imiform method of 'billin;';^ 
said services, and the frir and rcasonahle rainiLtiiim \7holesale and 
retail prices for the^ several service's for siich trade area; end 
shall have secared the approval of thevAdministrator thereto... 

"(4) The Code Control Board sliall Imve obtained signatures 
to a petition in such trade area from not less than 70 percent, 
determined according to the method of voting prescribed for the 
election of the Board of Directors of the Laandry-Owners ila-tional 
Association, of the members of the trade within such tra.de area, 
in which petition there is, a showing that there exists within 
such trade area an emergency productive of widespread unenploj'aent 
and disorganization of the Laundry Trade. 

"(5) The Administrator shall have approved su.ch petition 
or a petition containing a less percentage of signatures than here- 
inabove provided in the discretion of the Administrator. The Code 
shall become fully effective in such trade area upon such approval." 

One unira'Dortant little industry. Horse Hair Dressing, appeared in 
tT7o codes in siz months. When Code ITo. 427 was approved Ha.y 14, 1934, 
it covered the Curled Hair Manufacturing and Horse Hair Dressing in- 
dustries with a total of 180 employees. Code ITo. 534, approved Novem- 
ber 24, 1934, took Horse Hair Dressing and its 100 employees out of 
the Curled Hair code and teeiJi; It ^onder the?ERA 'Baisic Code fors^all Indus- 
tries, with no change of its labor provisions. (*). Since this study 
counts provisions in terms of approved codes, these two small codes 
are counted separately. 

It might be argued that these codes which were cancelled or were 
not legally effective should not be included in a tabulation of labor 
provisions. They are included here, however, because most of them were 
effective for a time and because they represent problems which will hs^ve 
to be considered in any future legislation. Their la.bor provisions need 
to be exp.mined to _ complete the picture of the labor standards to which 
the Hecovery Administration gave Si,p"orova,l . 

_IV. CliAi-TG-ES m CODE PROVISIO !?S 

The codes -"ere not static; they were living, growing things. Like 
any living law, many code provisions had to be interpreted to disclose 
their specif c meaning in special cases. Since a special 1T?A stud^r (**) 
is being made of interpretations, they will not be presented here in 
any detail. It should be remembered, however, that many code provisions 
as interpreted were applied with a meaning which might not be a-pparent 



(*) There was a change in the administration of the code, transferred 
to the "G-eneral iTHA Code A-ithoi-ity." '■■ 

(**) D. L. Boland, "Interpretations and Explanations." 



-10- 

from the words of tne code. 

Arr.endmer.ts - L^oreover . re^ulfitions which did not work or were un- 
satisfactor;- to tne parties affected were frequently chr.nged by amend- 
ments. Various pressure groups among industrialists and organized lahor 
sought to have changes made in provisions vhich they found objectionahle. 
As administrative policy on various matters hecaine clarified,, the Labor 
Advisory Board sought to have tne approved policies inserted in codes 
with less favorable labor provisions. These efforts resulted in amend- 
ments to some codes. 

A report by the NIIA "Sesearch and Planning Division in May 1935 
listed 800 amendments to 356 cedes. More than 100 codes had one or more 
amendments to their labor p,i-Ov'isions. The following codes were revised 
completely and entire amended . codes were ap'oroved: Artificial 5'lower, 
Builder's Supplies, Cement, Coat and Suit, Handkerchief, Legitimate 
Theatre, Lime, and t.allinery. 

Some amendments tightened the labor provisions; others set less 
favorable standards. This study ta>jr.Jates for each code the pre -ii'.-: ions 
last in effect, "jgroring the ea' lif;T* piovisions and the changes which 
occurred thr-'jiigh 3:nendments. (''■') 

Sti5y,s_p_!ld_ejx-3;r.rJlon_s - Soms prov. sions vv-hich ap'^enred in the codes 
were no'; ;';f &ctj.vo _::n !;jrf or iii :er!'a.'p psits «f i'he : ■. "Lj.?- ^r-y cou'-^rned. 
Some Pi OT'J pior.o w.^ct ■'s'^'ayed" far p,' i or eerraj.;^ c'2 ;■! o.k-, of r.be 'ndustry, 
sometiLf'.^-^■. iTr:c;d.ia'':.?ly upor. .-pp:'.- o > - 1 of a cjd^, -on^c ^ 'j .:'- l^ro.r. Ihen, 
too, i:-! .1 J r.'.dr.ai lij'ns or guaps cf. flr.ns spp-'-.1.9'i f r '.xrn.pr.icA ir; "!^vom 
labor prt;--l-MUT'.3 v.rich they c^^lrr-jd v?o.ric„ed e i'l-rd^^-up m 'jhoi.- oc'^ticular 
situaticri, .luM -■.<:.. rjg".iy c-^^set tr;c ;-=> o-'t.iE'jticrs we-e ^. >ivi.,e,-;, Jt h,i;-, seemed 
best to u^'L. .~ :.'.c '■A\-i cede. or-:. \/L'. '.. :.,-<i here, Isa^ iuc exw:.Tp lion's -■■■■i ctays 
to a sepa.i:al>3 b'^idy. (,*"■■) ^li ccn-:' .:; jrirg the various J.rl'cr nri. s."- -.sions, 
however, it should be remembered irir.i in many codes exem.ptions nnd ^tays 
operated to cnange, and change radically, the standards set by the codes. 

G-eneral orders superseding code s - Some labor provisions were changed 
by general Executive or Adm.inistrative Orders enunciating policies apply- 
ing to all codified industries. Examples of these are: 

Executive Orders 

6606-F Prescribing Rules and Regulations re Handicapped Workers 

6711 Prescribing a Regulation Prohibiting Dismissal of Employees 

for Reporting Alleged Violations of Codes of Fair Competition 

6711-A Prescribing Rules and Regulations re Home Workers 

6750-C Prescribing Rules and Regulations re Apprentice Training 

Programs in Industry ^ 



(*) See D. L. Boland, "Amendments." 

(**) D. L. Boland, "Exemptions and Exceptions", and "Stays" (repdrtS'^'I 
published by the NRA Division of Review.) 



9803 



-11- 

Administrative Orders 

X6 and X7 Sales and Eegalations Governing the Posting of Labor 

Provisions of Codes of Fair Competition 

X9 Order Granting Sheltered Workshops Conditional Exemption 

from Codes of Fair Competition 

XIO Order Requiring Certain Statistical Reports from 

Members of Industries Subject to Codes of Fair Compe- 
tition. 

X12 Order, Industrial Relations Committees 

X28 Order Specifying the Form of Pledge to be signed by- 

National Sheltered Workshops 

Some of the code provisions which vere superseded by such Executive 
and Administrative Orders as those listed above will be mentioned in the 
appropriate sections. It should be remembered that the tables cover the 
provisions in the codes themselves. 

V. CLASSIFICATION OF CODES BY INDUSTRY GROUPS 

In Section III, mention was made of Paper codes, Equipment codes, 
Construction codes, and Wholesale codes as if the codes fell into industry 
groups. An examination of code labor provisions shows that codes for 
related industries frequently had similar labor provisions. This is 
logical since the codes were proposed by the same trade association 
groups and usually incorporated standards already existing in the indus- 
tries. Accordingly, the discussion of labor provisions can be simplified 
by discussing them in 23 industrial groups instead of 578 separate codes. 

The classification followed here was adapted by the author from a 
classification prepared by the NRA Division of Business Cooperation, It 
differs from that classification, however, in that (1) it considers only 
approved codes; (s) it ignores the subdivisions in the classifications; 
(3) it considers each supplement as belonging in the same group as the 
code it supplements; (4) it ignores changes made in the classification 
after August 1935. 

Strployees covered in each industry group - Tiie classification used 
here is listed in detail in Appendix II. Within each industry group the 
codes are listed hy number and name, in the order of their approval. 
The industry groups with the number of codes and employees covered are 
given below: 



-12- 



Industry groups 



Total 

■^.1. Metals-Ferrous and Non-Ferrous * 

2. Non-Metallic Minerals * 

3.. Fuel 

4. Forest Products 

5. Chemicals, Drugs and Faints * 

6. Paper 

7. Rubber 

8. Equipment and Machinery * 

9. Food 

10. Textiles-Fabrics 

11. Textiles-Apparel 

12. Leather and Furs 

13. Fabricating 

14. Graphic Arts 

15. Construction 

16. Transportation and Communication * 

17. Finance 
16. Recreation 

19. Service Trades 

20. Distributing Trades-1?liOlesale * 

21. Distributing Trades-Retail * 

22. Territorial Codes 







•Supple- 




]odes 


LPS • 


ments 


Employees 










557 


19 


205 


22.553.5 


12 


- 


1 


576.0 


52 


— 


_ 


447.6 


3 


- 


— 


1,429.5 


17 


— 


1 


605.3 


32 


1 


5 


228.1 


32 


— 


— 


294.1 


4 


- 


- 


154.8 


92 


- 


63 


1,683.7 


34 


14 


13 


1 , 145 . 6 


40 


— 


1 


1,024.9 


45 


— 


•- 


996.2 


11 


_ 


— 


309 . 2 


82 


~~ 


65 


1,249.9 


6 


~ 


— 


374.7 


10 


— 


23 


2,564.8 


13 


— 


— 


1,751.2 


5 


-, 


■,■ — 


374.4 


5 


— 


- 


458.5 


12 


- 


- 


854.5 


20 


4 ' 


26 


1,126.4 


23 


- 


7 


4,779.4 


7 


— , 


^ 


123.7 



* Because of space limitations, the groups marked * are abbreviated in 
the stubs of tables as Metrls; Non-Metallic; Chemicals, etc.; Equip- 
•raent; Transportation, etc.; Vvholesale Trades; and Retail Trades. 



Criteria of the classi f ication - The classification from which 
this classification was adapted was made on the basis of considerations 
of product, raw materials, and process. It can readily be seen that 
these different considerations might pull a code in different directions. 
Furniture Manufacturing, for instance, might be classified with Forest 
Products or with Fabricating; Ladies' Handbags, with Leather or with 
Apparel; Seed Trade with Food or with Wholesale Trade; Building Granite 
with Non-Metallic Minerals or Construction; Hotels in Service Trades or 
Retail Trades. These codes and many others v/ere classified at one time 
in one group; at another time in another group. In all such cases, the 
classifications used here is that of August 1935. 



This classification someti-nes obscures the similarity in codes 
provisions which arose from coTi'non proponents. Thus the similarities of 
the provisions in Iron and Steel, Steel Castings, and Reinforcing Materials 
Fabricating are lost in the tables, for these tiiree codes are in three 
separate groups; Metals, Fabricating, and Construction. The classifi- 
fication obscures the similarities in code provisions which arise also 
from the interrelations of the union groups concerned. From the point 
of view of organized labor and of labor provisions. Merchant Tailoring 



-13- 

is an Apparel code, not a Hetail code; so is the Rainwear division of 
the Eii'b'ber Manufacturing code. However, for the sake of comparability 
with other studies, the general NRA classification is used in this 
study of labor provisions. Vfith exceptions such as those mentioned, 
the classification brings together related codes. The tables in the 
chapters following will show certain patterns of labor provisions in 
certain industry groups and will bring out differences as well as simi- 
larities in the codes of related industries. 



The Territorial codes cut across the industry classification 
Graphic Arts, Apparel, Fabricating, etc., but they are handled as a 
separate 'group because their wage rates are, in the main, not comparable 
with the wage rates for Continental U. S. 

Ma.jor codes in each industry group -Table 3 shows the' size of 
codes making up each industry group and tables 4 and 5 give the n^umber 
and per cent of employees in the codes having 50,000 or' more employees, 
here called the major codes. Each group has one or more major codes; 
in most groups the major codes cover the bulk of the employees in the 
group. Exceptions are in the Non-lie tal lie Minerals group where Copper 
covered only 21 per cent of the employees- rn that group o-f 62 codes; 
in Chemicals, Drugs and Paints whe;re Chemical Manufacturing covered 
29.8 per cent of the employees in the 33 codes of. the group; and in the 
Paper group, where the employees .under .'the Paper and Pulp code consti- 
tuted 43.5 per cent of the employees in the 32 codes in the Paper group. 
In Equipment and in Eabricating, the employees in the major codes are 
close to 60 per cent of the' total; in- Food ?ind in- Textile Apparels, the 
proportion is approximately' 70 per cent ; in Textile ■ Fabrics-, 75 per cent. 
In five groups (Finance, Wholes.^le Trade, Territorial codes. Leather and 
Fur, and Metals) the proportion runs from 80 to 85 per cent, the average 
of all the codes. -The other groups are. 90 .per .cent. or more dominated by 
the employees in the major codes: Service Trades, Graphic Arts, Con- 
struction, Forest Products, Hetail Trade,; Recreation, Rubber and Fuel. 



2086 



Icr'lp 



vn 


N 


oi 


H- 


— 4tr^. 




!- 


o 


h-;J 


o 


CD 


P- 


t/T 


(D 




W 


n 


•• 


o 






M 


'C5 


U) 


H- 




M 


^ 


CD 



fU 


^ ' 


P 


.P 


P/"^ 


tM 


H 




>.() 


CD 


O^ 


M 


\.J\ 


ci- 




•-S 


r/ 


P 


•^ 


Oj 


CO 


H- 


r+ 


<5 


P 


H- 


c+ 


Ul 


H- 


H- 


m 


O 


<rt- 


P 


H- 


tn 


n 




rn 


o 




Ho 


W 




CT> 


ci- 


o 


ty 


cl- 


CD 


H- 




O 


hj 


P 


(D 




c+ 




•i 


H 


O 


H- 


H" 


<! 


(T) 


H- 


c^ 


tn 


S 


H- 




o 


o 


p 


o 




P' 


o 


CD 


H, 


• 






l"l 








CI) 




<; 




H- 




fD 




■,i 



H3 

Q 

H- 
cl- 
O 



H 

P 



(5 CD 
O 
>-i 
CD 



CD 



•-s 

P 

S 

en 



<! 

O P 

CD c+ 

H- 

c+ O 



p y 

O '.-) 
CD O 



cl- 
H- 
O 

p 

O 



o h! 

y p 

ci- r.' 

o 

O c+ 

3 W 



m tr< K3 ha m w M ^t) C3 bj t) 



o 

p 

c+ 

H- 

;j 

01? 



CD 
P 
c+ 

CD 

Hi 



CD 
W 
<rl- 
H- 

TO 



P' /^l 

1-i 

O 
. H 

hi 



^ 



i-i 

H- 
O 
CO 



CD 

y 

c1- 



P 



:j (d 

O 

P 

cn 



CP 
c+ 

o 



o 

1 

cu' 

c-l- 

P 



o 



CD 
c+ 
P 
H 
m 



1^ 
o 

H 



ro (\3 H H H m M -fr- 4=- 4r-V,0 >o^l OJ M V71 M 

-^ Vjj 4=^ ro vji Ul ■>-■'■' o cTi ro h vji o oa m -P" ru >^^ -^ ui tj m 



V71 H m ro>ai ro i\) m vj-i 

Ul VjJ — J V_>J M I 0"^UJ M O C7^V3 -p" H -p' FO V^ V^ V_M M -p" 0"~\ 



H M H M 

I I 4r-i i-'Hh-'f\ji-'OMrocr>HO I rv)rvji-'l--J I 



l-'r>jV_^lMHl-'H I [V)UJHUJV^4r-po i J^\j] m J VJl PJ 



I r>o vjn H I r\j 1 mi ro m -p r-" rv> i^n I m ro 1 l ro ixi 



1 oi I I I I 1 M 1 ro 1 H ro ro r\o 1 I i i i m i 



I 1 Ir-"! IMIXllHI IHH-p-jHl 1 Irvil 



I I ro D I I M I I i^j i-'UJ : -p'^^ ro 1 H I I M ;- 



H vn ro -fr- M 1 I--" 1 rv) ;-■ M vjj ro u-i 1 i m i i m l I 



1 4=-H I H M h-" I I M 1 I H I ro I I I I nj I H 



I M I I 1 I I 1 I 1 I I I 1 I I t 1 M H I I 



J] 

M 
m 



lo-- 



O 
-Jl 



ro 












H 



ru 
M 



r\3 



1 I I 1 H H 1 1 I 1 I 1 1 I 1 I 1 1 I t 



M 

vJl 



jJ 



VvO ct- 

vo o 
• • ■ • 

.o a- o 






o >:! 
o o 

pj c+ 
CD p 

en H 



ro 



o 



o 

"o 
o 
o 

ro 
o 

"o 
o 
o 

o 

o 
o 
o 



if ^ 



' c-t- 
-O o 

-O 



..o 
a 



■JD 

p H 

o 
o o 
<j - 

CD O 

^ 8 



o 

o 
o 

o 

o 
o 
o 

M 

o 
- o 

"b 
o 
o 

PO 

■ o 

o 
o 
o 

o 
• o 

"o 
o 
o 



o 

CD 
CO 

p 
<! 

y 

-J 



-15- 
TABLE 4 . 
Percentage of employees in major codes, ty industry groups. 



Industry groups 



Employees in 
total codes ■ 
( thousands) 



All codes 

Metals 

Non-Metallic Minerals 

Fuel 

Forest Products .■-, 

Chemicals, Drugs, Paints 

Paper 

Rubber 

Equipment and Machinery 

Food 

Textiles-Fabrics 

Textiles-Apparel 

Leather and Furs 

Fabricating 

Graphic Arts 

Construction 

Transportation, etc. 

Finance 

Recreation 

Service Trades 

Wholesale Trades 

Retail Trades 

Territorial codes 



18.639 



576 

448 

1,429 

606 

228 

294 

155 

1,684 

1,146 

1,025 

996 

309 

1,250 

375 

2,565 

1,751 

374 

459 

854 

1,127 

4,779 

124 



Employees in 
major codes 
( thousands) 



22.554 



Per cent of 
employees in 
major codes 



82.6 



484 


84.0 


94 


21.0 


1,428 


99.9 


568 


93.7 


68 


29.8 


128 


43.5 


149 


96.1 


1,004 


59.6 


812 


70,9 


764 


74.5 


693 


69.6 


258 


83.5 


736 


58.? 


338 


90.1 


2,400 


93.6 


1,669 


95,3 


300 


80.2 


439 


95.6 


768 


89.9 


906 


80.4 


4,533 


94.9 


100 


80.6 



Table 5 below lists, by industry groups, the major codes and the 
number of employees covered by each. 



-16- 

TABLE 5. 

Total employees in ewch industry group with details for codes 
having 50,000 or more employees. 



Industry group and major codes Employees 

(in thousands) 

Total 578 codes 22.554 

KETALS-FERROUS and NOIWEREOUS (2.6 per cent of total 

employees) 576 

11. Iron and Steel 420 

401. Copper 64 

10 codes, each having less than 50,000 employees 92 

NON-METALLIC MINERASL (2.0 per cent of total employees) 448 

123. Structural Clay Products 94 

51 codes, each having less than 50,000 employees 354 

FJEL (6.3 per cent of total employees) 1,429 

10. Petroleum 

Filling, service stations 534 

Drilling, producing and pipe line operations 292 

Marketing operations 133 

24. Bitum.inous Coal 469 

One code naving less than 50,000 employees 1 

FOREST PRODUCTS (2.7 -per cent of total employees) 606 

9. Lumber and Timber Products 568 

16 codes, each having less than 50,000 employees 38 

CHEli/ilCALS, DRUGS aI^D PAINTS (l.O per cent of total employees 228 

275. Chemical Wanufacturing Industry 68 

32 codes, each having less than 50,000 employees 160 

PAPER (1.3 per cent of total employees) 294 

120. Paper and Pulp 128 

31 codes, each having less than 50,000 employees 166 

RUBBER (0.7 per cent of total employees) 155 

174. Rubber Tire Manufacturing 75 

156. Rubber Manufacturing Industry 74 

2 codes, each having less than 50,000 eraploj'-ees 6 



Source: Figures compiled in May 1935 by the Statistics section. Division 
of Research and Planning. Most of the employment figures are of 1929, but 
some are as late as 1934. (See app. 2.) 



■I?-' 



- - TABLE 5, continued. 
Industry group and major codes 



Employees 

(in thousands ) 



EQUIPMENT (7.5 per cent of total employees) 1,684 

17. Automobile Manufacturing . . 447 

4. Electrical Manufacturing 329 

347. Machinery and Allied Products 94 

105. Automotive Farts and Equipment 70 

2. Shipbuilding and Ship Repairing 55 
87 codes, each having less than 50,000 employees 680 

FOOD (5.1 per cent of total employees) 1,146 

308. Fishery Industry 200 

445. Balcing Industry 186 

43. Ice Industry . 100 

446. Canning Industry 99 
459. Bottled Soft Drink 93 
467 Cigar Manufacturing 84 
LPS. Grain Exchanges 50 

41 codes, each having less than 50,000 employees 334 

TEXTILIS-J'aBHICS (4.5 per cent of total employees) 1,025 

1. Cotton Textile 483 

3. Wool Textile 151 
48. Silk Textile -130 

37 codes, each having less than 50,000 employees 

TEXTILES-APPAREL (4.4 per cent of total employees) . 996 

118. Cotton Garment 200 

15. I'en's Clothing 150 

16. Hosiery 130 
64. Dress Manufacturing -88 

373. Infants' and Children's ^'^ear 75 

23. Underwear and Allied Products 50 

39 codes, each having less than 50,000 employees . 303 

LEATHER and FLtRS (1.4 per cent of total employees) 309 

44. Boot and Shoe Industry 206 
21. Leather Industry 52 

9 codes, each having less than 50,000 enrployees 51 

FABRICATING (5.5 per cent of total employees) 1,250 

84. Fahricated Metal Products 413 

145. Furniture Manufacturing ,- . 193 

277. Gray Iron Foundry 80 

82. Steel Casting ^50 

78 codes, each having less than 50,000 employees 514 



-IB- 
TABLE 5. continued. 

Industry group and major codes Employees 

(in thousands) 

C-?^JjrnIC ARTS (1.7 per cent of total employees) 375 

287. Graphic .-o-ts 232 

288. Daily Hevspaper Publishing Business 106 
4 codes, each having less than 50,000 employees 37 

C02TSTEUCTI0N (11.4 per cent of total employees) 2,565 

244. Construction Industry 2,400 

9 codes, each having less than 50,000 employees 165 

TRAIISPORTATIOR and CGM'UtllCATIGN (7.8 per cent of total 

employees) 1,751 

278. Trucking Industry 1,200 

28. Transit Industry 264 

399. Household Goods Storage and lioving Trade 120 

66. I.'iotor Bus Industry 85 

9 codes, each having less than 50,000 employees 82 

FINANCE (1.7 per cent of total eniployees) 374 

47. Bankers 300 

4. codes, each having less than 50,000 employees 74 

RSCHEATIOE (2.0 per cent of total employees) 459 

124. I'otion Picture Industry 279 

346. Bowling and Billiard Operating Trade 160 

3 codes, each having less than 50,0'^0 employees 20 

SERVICE TRADES (3.8 per cent of total employees) 854 

281. Laundry Trade 233- 

398. Barber Shop Trade 200 

101. Cleaning and Dyeing Trade 110 

297. Advertising Distributing Trade 100 

392. Real Estate Brokerage Industry 70 

352. Fhotograpnic and Photo Finishing Industry 55 

6 codes, each having less than 50,000 employees 86 

WHOLESALE TRADES (5.0 per cent of total employees) 1,127 • 

201. '.Wholesaling or Distributing Trade 460 
330. Scrap Iron, Non-Eerrcus Scrap l-^etals and 

i7aste liaterials Trade 180 

196, TJholesale Food and Grocery Trade 113 

LF-18. The Wholesale Eresh Fruit and Vegetable Industry 93 

LP-15. Alcoholic Beverage ^Wholesaling 60 ' 

IS codes, each having less th^n 50,000 employees 221 ' 

9803 



TABLE 5. continued. 

Industry group pnd major codes Employees 

(in thousands) 

RETAIL TRADES (21.2 per cent of total employees ) 4,779 

60. Retail Trade 1,843 

282. Restaurant Industry 609 

182. detail Food and Grocery Trade 440 

46. Motor Vehicle Retailing Trade ■ 350 

280. Retail Solid Fael Industry 346 

121. Hotel Industry 291 

33, Retail L-omter • -. 186 

147. Kotor Vehicle Storage and Parking Trade 130 

540. Retail Meat Trade 123 

543. Kotor Vehicle Maintenance . 115 

37. Builders' Supplies Trade 100 
12 codes, each having less than 50, 00^^ employees 246 

TERRITORIAL (0.5 per cent of total employees) . ''"■ 124 

474. Needlework Industry in Puerto Rico 100 

6 codes, each having less than 50,000 employees 24 

■ C HAPTER VI. -SUMMARY 

This, then, is the plali of the study. Various wage and hour provi- 
sions will be considered in terms of the frequency with which they appeared 
in the codes. Illustrative examples will "be cited from the codes. (*) 

In all the frequency tables of code provisions, the code is the unit 
of counting; in spite of code variation in size, the code is the most satis- 
factory unit available. Supplements and divisions are ignored excepting 
that in the Petroleum code, the three divisions (Production, Marketing, 
and Filling Stations) are treated as separate codes, and that in tables 12 
and — presenting the hour and wage provisions of the major codes, the 
supplements and divisions of the major codes are entered separately. 
The 578 codes are grouped. in 22 industrial groups, which simplifies the 
discussion of related codes. 

To offset the variations in the number of employees covered by the 
codes, the more important parts of the various tables are weighted by the 
nxmiber of employees in the codes concerned. (**) Furthermore, under each 
subject, the provisions in the major codes are presented in some detail, 
since these are the standards which affected the largest number of workers. 

(*) Wo page references will be given for quotations of code provisions 
from the codes themselves; any reader could easily locate them through the 
index in vol. 23 of the Codes of Fair ComTjetition . However, when excerpts 
are made from amendments to cedes : executive or administrative orders 
approving codes, or other orders, volume and page, references will be given. 
(**) It should be remembered that all tables are weighted by the number 
of employees covered by the codes concerned rather than the number of 
employees covered by the provision concerned. The latter information is 
entirely lacking. 



n o/^T 



-2C- 

CHAPTEH II 
3ASIC HOraS PHOVISIOKS 



The tasic hours -orcvisions discussed in this chapter are hours 
per T7eek, hours per day, and days per ■^eek for some numerous grouiDS 
of employees who are considered hasic employees, and the methods 
used to provide elasticity in these hours. These provisions are con- 
sidered in connection with ITRk policy concerning hours. 



L. T-y. PURPOSE OP KPA TiOmS LIMITATIOJI 



The declaration of policy of the national Industrial Hecovery Act 
included the words, "to reduce and relieve unemployment , to imnrove 
standards of labor." The famous section 7(a) provided that "every 
code of fair competition..,, shall contain," (in addition to the 
collective hargaining clauses) the statement "tliat employers shall 
comply with the maximum hours of labor. . . . approved or prescribed 
by the President." The purpose was f-orther stated by President Roosevelt 
in ITBA Bulletin '.'o. 1 (June 16, 1933), "The law I have just signed 

was passed to put people back to ^orx This task is in two stages - 

first, to get many hundreds of thousands of the unem-oloyed back on 
the pay roll by snowfall, and, second, to plan for a better future for 
the longer pull.... Tlie idea is simply for employers to hire more men 
to do the existing: work by reducing: the '^ork-hours of each man's week.( * ) 
These quotations would seem to establish as the criterion for the 
hours provisions in the codes: Reemoloj/raent through reduction in 
weekly hotirs. 

It is not the function of this study to investigate how well re- 
employment was accomplished. (**) but it is important to understand the 
purpose of the hours provisions as background for an analysis of the 
provisions. 

A formula for reemployment thro'agh reduced hours.- How the hours 
were to be set was discussed in I'lPA Bulletin Wo. 2, Basic Codes of 
Fair Competition, June 19, 1933. (***) This included among the prin- 
ciples to be considered by each industry in preparing its code pro- 
visions : 



(*) Federal Trade a^nd Industry Service, paragraph 1103-1106. 
Underscoring is the author's. 

(**) See Labor Studies Section report on "Control of I'ours and 
Reemployment," by Solomon Barkin. 

(***) Federal Trade and Industry Service, paragraph 150S-1505. 



U 



C 



QRD^ 



-21- 

"Basic code provisions relating ■to maxim-um hours may 
involve a-oTDropriate consideration of the varying con- 
ditions and requirements of the several industries and 
the state of employment therein. Ah average work week 
should "be designed so far as possible to provide for 
such a spread of emplojtaent as will provide work so far 
as practical for employees normally attached to the par- 
ticular industry." 

"Conditions of employment should contain necessary safe- 
guards for .... stabilization of employment." 

This reemployment purpose wgs reiterated in the hearings on the 
codes. A formula was worked out to demonstrate the reemployment 
possibilities of the hours proposed in each code. This is illustrated 
in the following statement in the Report of the Deputy Administrator 
on the Iron and Steel code printed with the code. (*) 

"The industry employed 421,000 in 1929, 210,000 in 1932, and 
272,000 at the end of July 1933. .The hours in the code should 
allow of a production without undue strain of about 3,580,000 
tons per standard month, this being the half-way recovery 
point from the May 1933 level of ].,'916,000 per standard month 
to the average .of 4,516,000 tons for '1929.' This will require 
62,000,000 man-hours per month, or say, 65,000,000 to provide 
for seasonal peaks. This could be provided by 417,000 men on 
a 40-hour week, 

"Experience shows that, on the average, lO't of the nominal 
working time is lost through voluntary absences, breakdown, 
inability to schedule operations perfectly, and lack of suf- 
ficient business for particular products to keep the depart- 
ments for those products busy all the time; that is, with a 
maximum work week of 40 hours the hours acttially worked cannot 
average over 40 per week, 36 hours is the maximum effective 
work week, or 156 hours per month, 65,000,000 4- 156 = 417,000. 

"About 272,000 men were employed at the end of J-oly and working, 
roughly, *t3 hours e. week.' With a maximum 40-hour week and 36 
hours ef^ctive, it is estimated that this number would be in- 
creased to about 325,000." 

I.iany other codes, as submitted to the President, were accompanied 
by estimates of the reemployiTient to result from the reduction of hours. 
Some of these - printed with the codes - are listed below. It will be 
seen that most of the code proponents trusted increasing business as 
well as reduction in hours to increase employment. All these statements 
are interesting in shoeing the purpose of l^HlA. hours limitations. 

(*) Codes of Fair Competition, Vol. I, p. 174. 



— <^2— 

2. Slii-oliuild i ng and Ship Re-pairing (Codes of Fair Com-oetition, 
Vol. I, n. 26) 

"It is estimated Ijy the re^tii-esentatives of this indiistry 
that rith the ne'v JTaval Shi-otuilding Program and working 
tuider the restrictions nf hours of em-olojrment contained 
in this ode, total em-oloyment in the industry ivill be in- 
creased materially ahove the highest levels of employment 
reached since the War, raising the employment from its 
present levels of ahout 15,000 men to ariT3roximately 60,000." 

9. Lu-nber and Timber Products (Codes of Fair Competition, 
Vol. I, PT). 100-101) 

"On the basis of the maximum hours ner week nhich are 
recovrimended in this re-oort and with output of lumber and 
timber products, including woodwork, estirna.ted a,s con- 
tinuing to exceed the depressed levels of the first months 
of 1933 by 100 percent, as was the case in Jime and July, 
it is calculated that additional emoloyment ivould be 
available for some 114,500 -persons. As em-oloyees in the 
lumber and timber -products industries, not including 
woodwork, wooden paclcage, a-nd' miscellaneous industries, 
declined from 419,084 in 1939 to a-oriroximately 196,500 
in 1931, reabsor-ntion of displaced labor is of pararao-unt 
im-Dortance, " . , . 

14. Rayon and S.-^mthetic Yarn Producing (Codes of Fair Com-oetition, 
Vol. I, p. '-^25) 

"The industry now employs a-n-ioroxima.tely 41,000 -nersons, 
and in contrast to most other industries the number of wage 
earners in the indn.stry in June of 1933 exceeded the average 
n-umber emioloyed in the industry in the year 1929, a.nd it is 
estimated that, afte-i" giving effect to the maximum hours in 
the code, the n-umber of em-oloyees will exceed by more than 10 
percent the greatest nu::3ber -previously em-oloyed in the industry." 

21. Leather Industry (Codes of Fair Com-oetition, 
Vol. I, p. 289) 

"The inaxim-um work week set at 40 hours, with riractically 
no exemr^tions, is eminently satisfactory in view of the n-umber 
of nersons whose reemployment it will affect. Over 80 percent 
of the workers a.t current levels of o-pera-tioh will have their 
hours of labor shortened by this provision, and total employ- 
ment in the Industry will rise again to the 1929 peak levels, 
52,000 em-oloyees in leather ta.nnin,;r alone, without any further 
increase in business. If business exDands, as we ex-nect it to, 
the employment will soon exceed even the 1929 -peak for the 
Industry. If we should go any further in shortening the hours 
of v/ork in this Indiistry, there wo-uld be considerable danger of 
creating severe shortages of suitable types of tra.ined labor 
in many -plants, particularly those loca.ted in isolated 'rural 
communities . " 



9803 



. -25- 

In other codes the foreword contained an explanation as to i^hy 
the hours nro-posed '"ould not ahsorh the unem-Dloyed in the industry. 
Tow exap-Toles of this will suffice: 

19. Wall Pa-ner Manufacturing (Codes of Fair Comr^etition, 
Vol. I, V. %9) 

"The Wall Pa-oer :'antif acturing Industry is one of the rela- 
tively small manufacturing indiistries in the United States. 
In 1929 there were 56 manufacturing plants which em-nloyed 
au'oroximately 4, 700 workers; in 1933 there are enly 35 
manufacturers with a corresnonding decrease, in workers, 
which, hecause of lack of statistics it is impossihle to 
. estimate." • 

"The decline in the number of workers required to T)rod\ice 
the necessary sunply of wall -Daioer has heen consistent since 
1923. S'rom 1931 until the -oresent the decrease in emoloy- 
ment hecame more, marked. 

"By reducing the customary 50-hour week which has urevail'ed 
in this industry to the 40-hour w©ek reauired "by the Code, 
the increase in employment will be ar)r)reximately 15 percent 
of 1929 , figures, or a-m^roximately 700 workers. 

"Unless the consu_mption of wall -oaper greatly increases 
within the near future, this -oarticular industr.7 does not 
offer a verj'' -nromising field for the reemployment of workers 
on any large scale." - - ' ■ ' 

26. G-asoline Pump Manufacturing (Codes wf Fair Competition, 
Vol, I, nrj. 350-1) 

"The Gasoline Pumo Manufacturing Industry is one of the 
smaller industries in the United States with only about 
3,000 employees 

"The m3.ximum hours at nresent do not generally exceed 40. 
AuiDroving a 40-hour week under this Code will obviously add 
few employees to the pa?/ roll. However, in order to 
reabsorb the unemployment in this industry it. would be 
necessary to reduce the hours of employment to less than 30 
per week. As a practical, workable proposition this would 
be decidedly unfair to the industry because- 
" (1) Some of the plants produce other products w/iich are 
already governed by other 40-hour codes and shift their 
labor between the different types of production. 
" (2) Most of the plants are in localities where the maximim 
of labor in other outstanding plants is governed by the 40-hour 
codes. Reducing the hours to a point where the weekly earnings 
of employees in this industry would not effset those of workers 
■onder other 40-hour codes in the same locality would infringe 
on the available labor supply for this industry. 



.. . -^4- 

"Under -oresent conditions for ■or-rctical considerations, 
the reabsoriDtion. of the ■unerrmloyed in this industry is 
practically iraibossiTDle. " 

The PRA Prc-posal .- The President's Heem-nloyinent Agreement, 
(July 20, 1933) ernr)hasized the s^ne 73ur>DOse. It -nro-DOsed that 
emtiloyers "act a-t once and all together to suhmit and scrupulously 
comply with agreements with the President to shorten hours." The 
particular agreement proposed vfas "not to employ any factory or 
mechanical worker or artisan more.tiian a maximum ^eek of 35 hours 
until Decemher 31, 1933 .... and not to employ any workers more than 
eight hours in any one day," hut "with the right to work a maximum 
week of -40 honors f or _a.ny six weeks within this period." Many em- 
ployers, however, signed the PRA agreement with "substitutions," 
agreeing to reduce hours to 40 per week, or to an average of 40 hours 
CT even to some figure higher than 40 hours per week. (*) 



II. TIiE LENGTH OF TEE BASIC WEEK 



All codes hut one - Eur Trapping Contractors - -orovided some 
maximum or basic weekly Jiours. Many limite-j, in addition, the hours 
per day or the days per. week. From the point of view of reemployment, 
the most important provisions was the maximum weekly hours permitted. 

The hours provisions, of the Gasoline Pump code reauired 13 words: 

"The ma,ximum hours of labor per man pef .week shall be 40 
hours . " 

However, the Administrator, in submitting the code to the President 
explained that "the maximum hours at present do not generally exceed 
40." (**) ■,,-.. 

at the other extreme were the hours provisions of the Paper and 
Pulp code which required more than a. page, as follows; 

1." "Smnloyees in the industry shall not be reauired or permitted 
to work hours in excess of the limits prescribed in the fol- 
lowing schedule: 
(a) Watchmen: Eight hours. inany one day and (56) hours 
in any one week.. ... . 



(*) For details of these subs ti tut i.ons, see "NHA Policy on the Basic 
Week" by Solomon Barkin. . 

(**) Codes of Fair Competition, Vol. I, p. 350 



-25- 

(b) Cliauff eurs, truclanen, switching crews, engineers, fire- 
men, and electric and hydroelectric o-oerators, and 
filter-plant employees: 168 hours in any -oeriod of 
four consecutive weeks, hut no more than 10 hours in 
any one day and 48 hours in any one week. 

(c) Tour workers in continuous -process operations: Eight 
hours in any one day and an average of 40 hours per week 
in any -oeriod of 13 consecutive weeks; -orovided, however, 
that additional hours may he worked; 

(1) To avoid a shut-down due to the temporary absence of a 
relief worker; 

(2) In changing wires and machine clothing; and 

(3) In clean-ups, wash-ups, and ordinary repairs and 
adjustments in cases where a machine is shut down 

for a Deriod of not Tess- than eight consecutive hours. 

(d) All other laborers, mechanic.^1 workers, or artisans em- 
ployed in any -olant, mill, or factory or on work connected 
with the operation of any such -olant, mill, or factory: An 
average of not more tlian 40 hours -oer week in any -oeriod of 
13 consecutive weeks, hut not more than 48 hours in any one 
week; provided, however, that time worked in excess of 
eight hours in any one day sl-iall he riaid for at not less 
tlmn time and one- third. 

(e) Executives and their personal secretaries and other em- 
ployees regularly engaged in a su-oervisory capacity, re- 
ceiving thirty-five (S35) dollars or more -oer week, and 
outside salesmen: No limitations. 

(f) All other employees: An average of 40 hours per week in 
any calendar year and an average of not to exceed 48 
hours -oer week in any -oeriod of 13 consecutive weeks. 
Provided, however, that no limitation on hours of work 
contained in said schedule shall a-nply to employees of 
any class when engaged in emergency repairs or emergency 
maintenance work involving breakdowns or -Drotection of 
life and property. 

2. At such intervals as the Paper Indixstry Authority shall nre- 
scribe, every member s hall report to the Paper Industry 
Authority — 

(a) The number of laan-hours worked under subdivisions c (l), 
c (2), and c (3) of said schedule and the ratio which 
said man-hours bear to the total niaraber of man-hours of 
labor under subdivisions c; and 

(b) Shall furnish the Pa-per Industry Authority such information 
as it may require in order to enable it to determine whether 
the limitations contained in said schedule have been ex- 
ceeded. 

Determination of basic employees in each code .- To classify 
the codes according to the basic hours requires the selection of some 
grou-DS of employees as "basic employees." In ma.n-ufacturing industries 
these are the "factory or mechanical workers or artisans" mentioned 
in the PPA; in other industries, the ordinary production employees; 
in finance, sales, and service industries, the most numerous group 
of employees. In the Paper and Pulp code just cited, the "all other 



-26-- 

laborerF, mechanical Trorkers, or artisans" (section d) are taken as 
ti.e tasic erjoloyees. 

In some codes it is very difficult to determine which nrovision 
covers the hasic em-ployees. For instance-, which grour) is basic in the 
Feldspar industry - the emploj'-ees in raining operations who may work 
48 hours per week w ith no daily limit but not more than an average of 
40 hours in 13 weeks, or those on milling OTjerations whose hours are 
limited to 40 per week, 8 -oer day, 6 days per week? Or in Salt 
Producing, where the employees in mines and factories may work 48 
hours per week, averaged to 40 in 26 weeks, and the "-nrocessing 
employees," 42 hours uer "'eek? '.Thich grout) is "basic in Household 
Goods Storage and Moving: drivers and helpers in local moving (an 
average of 48 hoixrs over 2 weeks); drivers and helpers in long-distance 
moving (average of 54 hours over two weeks, and 48 over four weeks); 
or other employees, exce-ot clerical, (48 hours per v/eek) : Who are the 
"basic emiDloyees in the Retail code where hours varied from 40 to 48 
depending on the hours the store elected to stay o-oen, and to 56 hours 
in drug stores? "/lio are "basic employees in the Bakinij; code: employees 
in hand-craft shops (48 hours), semi-handcraft sho-os (44 hours), or 
mechanical shops (40 hours)? Examples could "be multiplied "btit enough 
have "been given to show what an oversimt)lif ication it is to present 
one set of hours provisions as the "basic Torovision of each code, when 
many codes liave different hours provisions for different divisions or 
for sur)-nlements. (See Ta"ble 12). 

The hours ceiling; 40 hours or more or less .- Table 5 separates 
the an-oroved codes into 40-hour codes, less-than-40-hour codes and 
more-fian-40-hour codes for basic enrjloyees: on the basis not of maximum 
hours "bi\t of maximum without overtime ra'tes it should be said that the 
40-hour codes include maximum 40-hour cudes, basic 40-hour codes 
with overtime payments for hours over 40, average 40-hour codes, and 
basic 40-hour codes with longer hours permitted during certain periods, 
with or without overtime na.yments for the additional hours. (*) For 
some numoses, many of these 40-hour codes could be classified quite 
proTDerly in the more tha^n 40-hour group. It is -proposed in this study 
to deal later (**) with all the methc's used to -nrovide elasticity 
in the hours -orovisions and to concentrate here on the maximum or basic 
hours, ignoring at this time the fluctimtions in hours -oermitted in 
the codes. Sven on such a basis, only 43 codes were less-than-40-hour 
codes, 487 were 40-hour codes, and 48 were more-than-40-hour codes. 

(*) In a-'dition, -nractically all the 40-hour codes T)rovided for 

longer hours for certain grou-os of employees. It is possible 
tha.t in some codes some morp-than-40-hour groups are so numerous 
that they should have been taken as the basic employees. 

(**) See Section IV a.nd char)ters III to VII. 



-27- 



TaMe 6 



Distribiition of codes and employees aijong industry groups 
classified cccording to length of 'bc.sic hourly week 







Codes 




[ En: 


sloyees (in 












[ thousands) h/ 




Industry 




:Less 




[ More 


[ :Less 




More 


Group 


[Total 


[than 


Uo- 


• than 


[Total; thaji 


' ko- 


than 






•1+0 


hour 


[ ko 


: :kO 


[ hour 


ko 






[hours 


week 


hours 


[ : hours 


week 


hours 


Total 


i57Sa/ 


: ^^ 


4S7 


• 'Us 


> • 

[22,55^2,179 


[12. 29s 7,^77 


Metals 


' 12 , 


_ * 


12 


» ^ 


; 576 


» 


[ 576 


«■ 


Non-Metallic 


" 52 


5 i 


^7 


— 


[ kks 


• 135 


: 313 


- 


Fuel- 


' 5 i 


2 ; 


2 


1 


[1,U29 


[ 761 


[ 13^1 


• 53^+ 


Forest Products 


17 ! 


- ; 


i6 


1 


[. 'Soe, 


, — 


596 


10 


Chemicals, etc. : 


33 < 


1 . 


32 


- 


[ '228 


[ 1 


[ 227 


- 


Paper i 


32 ! 


1 [ 


. 31 


- 


[ '29^ 


12 


2S2 


- 


Euober ! 


U J 


1 : 


3 


- 


! 155 


' 75 


• 80 


- 


Equipment ! 


• 92 ! 


11 : 


. SI 


— 


[IjbSU 


[ kih 


•1,210 


[ - 


Food ! 


US ! 


1 : 


. 39 


S 


[i,iU6 


. 99 


632 


U15 


Textile fabrics • . 


Ho ■! 


— ; 


. ho 


— 


[1,025 


[ — 


.1,025 


- 


Textile apparel ! 


h5 '. 


12 : 


33 


- 


996 


: 552 


kkk 


'■- 


Leather and furs ! 


11 : 


3 : 


7- 


1 


309 


• 26 


2S2 


1 


Fabricating • ! 


S2 i 


3 : 


7S 


1 


[1,250 


: 5 


1,2U3 


2 


Graphic arts 1 


6 ! 


1 : 


5 


— 


! 375! 


1 


371+ 


1 


Construction i 


10 • : 


— 


10 


- 


:2,565 


• 


2,565 


1 


Transportation, etc.! 


13 i 


_ ; 


5' 


s 


1,751. 


— ! 


17 


1,73^ 


Finance : 


5 ■ ! 


— ; 


3 


2 


:. 37U 


— 


325 


ks 


Recreation J 


5 • 


— '! 


U 


1 


[, U59 


[ — 


. 299 


160 


Service trades ! 


12 : 


— J 


10 


2 


• S5U 


• — 


GiU 


2U0 


TTholesale trades ! 


2h ■ i 


1 : 


20 


3 ! 


1,127 


15 


877 


235 


Retail trades ! 


23 ' ! 


1 [ 


S. 


Ik i 


,^,779! 


23. 


6S3. 


^,073 


Territorial i 


7 ! 


— : 


1 


6 ! 


12UJ 


100 


2k 



a/ 557 codes, I9 LPs, cxiCi 2 extra divisions of the Petroleum Code. 

b/ These figures represent the numbers of employees covered by the 
codes concerned, not the numbers covered by the pc.rticular hours 
provisions. Pr-ctically all codes had some grou.ps of employees who 
were permitted --.ore than kO hours per week; see Chapter VII. 



-23- 



Table 7 



Percent distribution of codes and em-oloyees among industry 
grouT3s classified "by length of basic hourly week 



Codes 



Sm-Qloyees (in thousands) 



Industry 
group 



Total 





Week 




Week 




'Veek 




Week 




less 


40- 


more 




less 


40- 


more 




than 


hour 


than 


Total 


than 


hour 


than 




40 -. 


week 


40 




40 


week 


40 


'8 a/ 


43 


437 


48 


22,554 


2,1V9 


12,898 


7,477 


lO.O 


100.0 


100.0 


100.0 


100.0 


100.0 


100.0 


100.0 


2.1 




2.5 


^^ 


2.5 




4.5 




9.:0 


11.6 


9.7 


- 


2.0 


6.2 


2.4 


- 


.9 


■4.7 


.4 


2.1 


6.3 


34.9 


1.0 


7.1 


2.0 


- 


3.3 


2.1 


2.7 


- 


4.6 


.1 


5.7 


2.3 


6.6 


- 


■ 1.0 


^ 


1.8 


- 


5.5 


2.3 


6.4 


- 


1.3 


.5 


2.2 


- 


.7 


•2.3 


.6 


- 


.7 


3.4 


.6 


- 


15i9 


25.6. 


16.6 


- 


7.5 


21.8 


9.4 


- 


8.3 


2.3 


8.0 


16.7 


5.1 


4,5 


4.9 


5.6 


6.9 


- 


8.2 


- 


• 4.5 


- 


7.9 


- 


7.8 


27.9 


6.8 


- 


4.4 


25.3 


3.4 


- 


1.9 


. 7.0 


1.4 


2.1 


1.4 


1.2 


2.2 


^< 


14.2 


7.0 


15.0 


. 2.1 


5.5 




9.6 


\l 


I.O 


■ 2.3 


1.0 


- 


1.7 


\l 


Cj* ^ 


- 


1.7 


— 


2.1 


- 


11.4 


- 


19.9 


- 


2.2 


— 


1.0 


16.7 


7.8 


- 


.1 


23.2 


..9 


- 


.6 


■ 4.2 


1.7 


~ 


2.5 


.7 


.9 


- 


. .8 


2.1 


2.0 


- 


2.3 


2.1 


2.1 


- 


2.1 


4.2 


3.8 


- 


4.8 


3.2 


4.2 


2.3 


4.1 


6.2 


5.0 


.7 


6.8 


3.1 


4.0 


2.3 


1.6 


29.2 


■21.2 


1.1 


5.3 


54.5 


1.2 


— 


.2 


12.5 


.5 


- 


.8 


.3 



Total number 578 a/ 
Percent 



Metals 

Non-Metallic 

Fuel : 

Forest Products • 

Chemicals, etc. 

Paper 

Rubber : 

Equipment 

Food ' : 

Textile Fabrics ' 

Textile apbarel 

Leather and furs' 

Fabricating 

G-ratjhic arts 

Construction 

Transportation, etc, 

Finance : 

Recreation 

Service trades 

Wholesale trades 

Retail trades 

Territorial 



a/ 557 codes, 19 LPs, and 2 extra divisions of the Petroleum code, 
by Less than one-tenth of 1 percent. 



-29- 



Talile g 



Percent cMGL'.rioiitibn of copies and enployees in "basic hourly 
week - UO hours, under kO, and over 'l-O - classified "by 

industry groups 







Co 


ies 






: 21rrolo7 


"ees (: 


in thousands) 








:neek 




:7eek 






:!7eek 




;Ueek 


■■ 


:Totrl 


:Totcl 


:less 


iuo- 


;more 


■Total 


: Total 


:less 


•40- 


more 


Industry 


:nur- 


:per- 


:than 


:hour 


' than 


nur.>- 


tpcr- 


1 than 


:hour 


:than 


grouTD 


iher 


: cent 


:40 ■ 


•week 


'ho 


her 


Jcent 


:U0 


:week 


40 


Total 


:573a/ 


llOO.O 


i 7.^ 


: S4.3 


S.3 


22,55^ 


tioo.o 


: 9.7 


:57-2 


33.1 


lietals 


: 12 


[100.0 




100.0 




576 


tioo.o 




•100.0 




Non-Metallic 


r 52 ! 


,100.0 


' 3~e 


so.u 


_ ; 


UUS: 


100.0 


30.1 


69.9! 


- 


Fuel 


: 5 -! 


100.0 


Uo.o. 


Uo.o. 


20.0. 


1,429: 


100.0. 


.53.3 


9.4. 


37.4 


Forest products, 


.17 .! 


100.0 


_ 


9^.1 


5.9. 


606: 


100.0 


; - 


98.3 


1.7 


Cheriicals, etc. 


33 •! 


100.0. 


3.0 


97.0 




22S! 


100.0 


.u 


99.6 


.- . 


Paper ! 


32- J 


100. 0< 


3.1 


96.9. 


— : 


29Ui 


100.0. 


4.1 


95.9 


- 


Rao'ber 


U : 


100.0. 


25.0. 


75.0. 


- : 


155: 


100.0; 


4s. 4 


51.6: 


- 


Equipment ; 


. 92 : 


100.0, 


12.0. 


SS.Oj 


— . 


1,6S4: 


100.0. 


23.1 


71.9: 


- 


Pood • 


.^S : 


100.0 


2.1 


SI. 2 


16.7. 


l,lUS: 


.100.0; 


S.6 


55.1. 


36.2 


Textile fahrics! 


UO J 


100.0.. 


— 


100.0: 


— ; 


1,025! 


100.0. 


- 


100.0. 


- 


Textile apparel 


U5 ! 


100.0 


26.7 


73.3 


- . 


S36! 


100.0 


55.4' 44.6 


- 


Leather and fur; 


3 '11 : 


100.0. 


27.3 


63.6. 


9.I: 


309; 


100.0. 


£,4 91.3 


.3 


Paorl eating 


S2 ! 


100.0 


3.7: 


95.1 


1.2: 


1,250: 


100.0 


.4 


99.4. 


.2 


Graphic arts 


5 : 


100.0! 


16.7 


S3. 3 


- , 


375! 


100.0. 


.3 


99.7 


- 


Constractioh ! 


10 ! 


100.0: 


— 


100.0 


- 


2,565! 


100.0 


- 


100.0 


- 


Transportation, 






















etc. 


11 ! 


100.0 


— 


.3S.5 


61.5 


1,751! 


•100.0: 


- 


1.0 


99.0 


Finance ! 


5. ; 


100.0 


— 


60.0. 


Uo.o 


37^: 


100.0; 


- 


S6.9 


13.1 


Recreation 


5 : 


100.0 


— 


so.o 


20.0: 


459. 


•100.0. 


- 


65. 1: 


34.9 


Service trades ; 


12 J 


100.0 


_ 


S3. 3: 


16.7: 


S5U. 


100.0: 


- , 


71.9 


2S.1 


Wholesale trade: 


3 2U ! 


loo.o 


k.2 


S3. 3 


12.5. 


1,127. 


100.0; 


1.3 


77. s. 


20.9 


Retail trades 


23 : 


100.0; 


h.y. 


3U.S 


60.9: 


4,779: 


100.0: 


• 5 


14.3. 


S5.2 


Territorial 


7 ! 


100.0 




.■1U.3 


S5.7 


12U 


100.0 


■" 


SO. 6 


19.4 



a/ 557 codes, I9 LPs, end 2 extra divisions of the Petroleum Code. 



9803 



-30- 



T/hen the codes in each grcuT) aro weighted in terras of employ- 
ees covered, the situation Beerns less favorable to the employees 
under codes. Twenty ox the 48 more-than-40-hour codes were major 
codes, each covering at least 50,000 wo rkers; together, these 48 
codes - 8.3 percent of all the codes - covered 7,477,000 workers 
or one-third of the emnloyees under codes. The 43 under-40-hour 
codes covered 9.7 percent of the workers under codes, leaving 57,2 
percent under the nominally 40-hour codes. 

The 43 less-than-40-hour codes will "be examined first because 
they come the nearest to following the precedent set by the PEA. 

The cod-es with less than 40 hours.- As table 5 shows, the 43 
less(jthan-40-hrur codes were scattered through 15 of the industr;'- 
groups, Textile Apparel le^ading' with 12 codes , Equipment next with 
11, and lion-Metallic Minerals with five.* However, (see- table 7), 
more than one-third (34.9 percent) of the employees in the group 
was contributed by Fuel (the Bituminous Coal codfe); one-Hquarter 
by aipparel and one-fifth oy Squi-oraent. Almost 10 percent of all 
the workers under codes were in' these 43 codes, but as shown in 
ta.ble 8; the pro-ocrtion rah liigher in Textile Apparel (55,4), Fuel 
(53.3), Rubber (48.4), i\Ton-Metallic liinerals (30.1), and Equipment 
.(28.1). . . ; ■ 

• . The code with lowest hours' of all 'was' No. IS, Cast" Iron Soil 
Pipe, approved September 7, 1933, with 'a -^ork we'ek of '27 hours.** 
Next was one .of the later codes. No 530, Bituminous Road Materials, 
approved October 26, 1934 with a work week or 32 hours. Oil Burner 
provided an_ average week of '32 hcurs 'in half the year but an aver- 
.age of 40 in the other half-year, here 'counted as a peak period. 
Eleven codes included the PlA standard 'of 35 hours per week. These 
incluc.ed the .well-organized Bituiainous Coal industry'- covering almost 
half a. million workers end several well-organized women's apparel 
industries- ijress, 'Coat and Suit, Blouse and Skirt, Millinery, Pleating 
and Stitching, Etir Dressing, and Fur Manufacturing.*** 

Seventeen codes provided for a 36-hcur week. These included five 
of the major. codes, Shipbuilding, **?* .Electrical. MSnufacturing.^- ilen' s 
Clothing, Cotton Garment, and Canning. The first tliree were early 
codes; Cotton Garment was unique in being a 40-hour code when approved 
November 17, 1933 amended August 21, 1934 to a 36-hour code at the 
instigation of the Administration, because the 40-hcur week did not 

* See Appendix III for codes here counted as less-than-40-hour codes. 
** This short work week seems to be tied up with' the provision for 
limitation of operation of productive equipment to 27 hours per 
week. See Codes of Fair Competition, Vol. I. p. 262, paragraph 6. 
***The Bituminous Coal code, as approved Sept. 8, 1933, provided for 
40 hours in any calendar week; as amended, w^arch 31,1934 it specified 
7 hours per day and 5 days per wt3«k. (Anendraent 1, Codes of Fair 
Competiticn, vol. IX. p. 666). Millinery also was reduced from 37t- to 
35, November 9, 1934. (Amendment 2, Codes of Fair Competiticn, vol. 
XIX. p. 127), 

****Shipreparing, however, had an average of 36 hours over 26 weeks, 
with 48 hours permitted in any one week. 



'-'1 

contrrouts to the ITRi reem-^loyrnent drive.* 

The Canning code had so many e::ce;;;ted occupations as to raise 
doubts concerning; its classification as a less-than-40-hour code. It 
it classified as- such "because it provides a 36-hour week for non-seasonal 
enployees. But the seasonal enrployees (who at certain times of the 
year are the largest nuinher in the indxistry) could v;orlc " the hours 
necessary to he.ndle the crops" with no safequard except tlia.t women were 
paid time and one-half for the first two hours ^.fter 10, and double 
time after 12 hours daily; time and one-quarter for the first sight 
hours worked on the seventh day, .time and one-ha-lf for the next fov.r 
hours, and doutle time after 12 hours.* •■ 



(*) The Administrator's letter transmitting; Amendment 7 to the President 

stated: 

"On June 18, 1934, a puhlic hearing wag called to consider 
amendments to the Code of Pair Competition for the Dress ifenu- 
facturing Industry, the Code of Fair Confjetition for the Men's. 
Clothing Indiistry, the Code of Fair Conpetition for the Cotton 
Garment Industry. These amendments to the Cotton Garment 
Code a.re part of the results of this hearing. 

"The hearing showed no ina-terial reemployment hy this Industry 
suh sequent to the effective date of the Code, Yjhich contained 3. prl— 
vision arbitrarily fixing a Y/ork vreek of forty hours. The 40 hour 
work week of the Cotton Garment Industry/ Code hs-s resulted in 
Tonfair com;:)etition "between nieiabers of the apparel industry under 
it and mem'bers- -onder other, apparel codes which have provisions for 
35 and 36 hour work weeks., 

"To "bring a"bout more reemplojinent and correct the unfair compe- 
tition existing "because of the forty hour v/ork'week- of the Cotton 
Garment Code, and effectuate the v>ur;poses of the Act, it is necessary 
to make a rsduction to 36 hours, and, at;thess.me time, make- a 
proportionate increase in the pay of employees so as to maintain 
the .seme, weekly wage rate as is provided in the Code as approves. 
Novemher 17,. 193T." (Codes of Fair Competition, "Vol. XVj p. 388). 

(**) Men in metropolitan areas of 400,000 or more population could not 
work in excess of 60 hours per week "except under conditions and 
circumstances a-nd such regulations as shall "be .formulated "by the 
Code Authority subject to the approval of the Administrator," and 
in areas of less than 400,000 population, "unless the emrployer of 
such employees shall file promptly with the Code Authority a full 
and complete statement of. the facts v;hich necessitated the working 
.of ss,id employees for such excess hours." 



-S2" 

3ight codes provided for average hours of 36 per i;7eek.* Three of 
these are major codes - ?etrol-3\-uT:i (Production Division), v/ith an averag- 
ing period of tv.'o v:eel-s; Structiiral Clay Produ.cts, 25 T/eeks; and Robher 
Tire, 52 i.veeks. Three small codes in the Apparel rrov:^ provided for 
hours of Z7h per v/eek and Liusic Fuolishing had a 38-hour week. 

All the other codes had v/ork v/eeks of 40 hours or more.* 

The codes \7ith more tlir.n 40 hours . - The 48 more-tha;n-40-hour 
codes* were scattered through 12 of the industry groups, "but as taole 
7 shows, well over half (54.5 percent) of the enroloyees Uiider these 
codes were in the Hetail Trades*, and a qua.rter (23.2 percent) in 
the Transportation and Comrnimi cation group. Only two other groups 
contributed as much as 5 percent of the employees in the more-tlian- 
40-hour codes - Fuel with 7.1 percent (the Filling-Station division 
of the Petrolexim code) and Pood (8 codes) with 5,6 percent. While 
one-third of all the workers imder codes were in the mQre->than-40- 
hour codes, the proportion varied fram 99 percent of the Transporta- 
tion orrnloyees to .2 percent of the l^.hricating em":iloyees (Artifica.1 
Limh code), as shoraa in tahle 8. After Transportation came three 
groups with more than average concentration of ejiroloyees in more- 
than-40-hour codes: Retail Trades (85.2 percent) , Fuel (37,4), and 
Food (36.2). 



(*) Two of these codes permited as much as 54 hours in a-ny one week, hut 
teclinically they vjere less-than-40-hour codes. Window Glass and 
Flat Glass provided tliat "no employee shall he permitted to work 
more tlian 72 hoiirs , in any 14 day period nor more than six days 
in any 7-day period" nor'taore . th^.n eight ho^^rs in any 24-hour period" 
- which means a limit of 48 hours in any one i.-^eek - "except tliat 
each employee may he premitted to work 6 additional hours in any 
7 day period provided that at least time and one-half time their 
normal rate of pay is paid for all time worked in excess of 8 hours 
in any 24-hour period and except that an eiiT^loyee from the immediate- 
ly preceding shift, engaged in the noncontinuotis processes of the 
industry v/hich operate 24 hours per ds.y may he permitted to work not 
more than four additional hours and not more than a total of 42 hours 
in any 7 day period without the payment of overtime if -his services 
are req.uired-hy reason of the failure of another regixlar em^^loyee 
to report for or remain at work." EnrTloyees in continuous processes 
have looser provisions. 

(**) The Fusee division of the Pyroteclinic I\/ianufactii.ring code provided 
for a 35-hour week. The code is tabulated as a 40-hour code on the 
■ hasis of the larger divisitos of the industry - Commercial and 

Display Fireworks, The entire industry employs only 1800 employees. 

(***) See App. Ill for codes here counted as more-tmn-40-hour codes. 
(****) Through 6 retail codes provided hours varying from 40 to 48 or 56, 

depending on the hours the store elected to remain open, these codes 
are arbitrarily counted with the more-tlian-40-hour codes. 



The more-than-40-lioiu' codes included mainly industries in the grouns 
which, -uaider the PRA., were allowed a -iO-howT vfeelc instead of a 35-hotir 
week: Banlcing, service'. Sales, and transi^ortaticn.* It is, therefore, 
inK)orfca.nt to see how lon^ wore the hours in the more-than-40-hour codes. 
How much did tiie hours a;v3proved by the Adjninistration in the codes ex- 
ceed the 40-hour ideal r.-hich it set in the PEA for these grouis? 

One code, Wheat Flour Milling, provided a 42-hour week for its 
large mills and longer hours for the smaller mills.* Eleven codes pro- 
vided for 44- or 45-hour weeks, incliidiiit,;, as sho^in in tahle 12, foiir 
of the major codes: Motor Vehicle Retailing, Ivlotor Vehicle Maintenance, 
Motor Vehicle Stora.ge, and \7holesa.le Food. Five codes provided for an 
average week of 44 or 45 hours; these included Fishercy* and Gradn 
Exchanges, among the major codes, and t\7o smaller white-collar codes, 
Stock Exchange and Investment Bankers. 

Fourteen codes provided for an 48-hour week. These codes covered 
employees to the extent of more timn 500,000 in filling and srrvice 
stateions (Petroleum code), 200,000 in Barher Shops , 400,000 in Retail 
Groceries, and approximately 100,000. each in Retail Meat, Household 
Goods Storg-t^e, and YJholesale Fruit and Veg^tahles. Another four codes 
provided for an average 48-hour week including, from the ma.jor-code 
groups, Ice and Motor Bus. Bowling and Billiards had a 52-hour v;eek; 
Hotel, a 54-hoiir week; and Transit, hours .varying from 44 for "general 



(*) See appendix III. I',kny of the codes in other industry groups conoid 
h^-ve teen classifiee as sales or service. Su.ch codes included the 
Filing Station division of the Peti'oleiim code; Ice; Refrigerated 
Warehousing; Grain Exchanges; Co-ontr;/ Grain Elevator; Retail Trade 
in Hawaii; Restaurant in Ifewaii; and Aiito Sales in Hawaii. 
(**)lt is interesting that the labor adviser on this code says that 
the 6-day week in this industry actually resxilted in a 36-hour 
week in large sections of the industry. .The code allowed 42 hours 
per week, 8 per day, 6 days per week. Since the process was con- 
tinuous, the entire hours provisions actually resulted in five 8- 
hours days or, more freqtiently, six 6-hour days. On the face of 
its provisions, this code cannot be coitited as anything other than 
a i'more-than-40-horLr" code. 
(***)lJine of the 12 sup leraents of the Fishei-y code procided for diff- 
erent hours, as tahle 12 shows, varying from 36 in IT.E. Sardine 
Canning to 48 in Fresh Oysters, Blue Crab, and Hew England 
Fisheries. 



shop eniployees" to ?.n r.vsi'at^e of 54 hours for "tr?.nR;ortation eirrjloyses. '" 



(*) It is intsrestin^ th?.t the Tra;:.3it code contai:;;ed, in the body of 
tii3 code, an e>r-?i.p.nati.;n of th9':,e lon^ hours: 

"On and after the effective date the follo'.Tin^ ennloyees in the 
Transit Ind.ustry shall not v.-orlr. or oe permitted to vorh in excess 
of the follov.'ing hours in any one -.veeh except as hereinafter set 
forth, as othen'.'ise -/.'rovided inexistin;^' lahor a^jreements. . . 

General shop employees 44 

Car house and j^ara^ie Borvice employees, niaintenance, 
track, line, povar ho'cse, and suhstation department 

eii;.loyees 48 

Trainmen, bus oijerators, ticlret a^^ents, and related 

transportation prouos 48 

¥7ith an allcvance not to exceed 6 hovirs per ■'•■eeh, as hereinafter set 
forth. The Transit Industry recoginized the desirahility of an 
ei^'ht-hour day and 48-hour "veek, hut niany of the conroanies cannot 
not ask their men to acce-ot the reduction in hours and it is 
isToossihle for the Ind.ustry to assume the hurd.en of an increase 
in the hof-rly rates of pay to offset such reduction. The Industry 
is req_uired to provide practically c ontinuous service, and a 
greater part of it for an 18-hour ;3eriod or more e?.ch day; its 
vehicles must he dispatched from car houses or garages singly a:rA not 
in i_,'roups leavin:j at the same i:istant, and their return is ms.de 
in a similarly irregular fashion, according; to the varying, de- 
mands for service. In dividdng the vrark among this class of 
enrployees, notrithstandint;:;, the fact that every effort mo.y he 
mp.de to equalise the mimher of hciirs worked, suhstrntial 
va.riaticns in len-.th of r'ans ( day's Yrork for this class of 
emplo:'ees) cannot oe avoid.ed. Therefore -employees in this class 
iiig.y \7ork on a j,-rad.uated schedule of hoxirs, provided that no such 
employee sliall he allo--ed to ^-■ork in excess of said 48 hours hy 
more tlian 6 hours ler Feok. Tliis provision of i.iaxiraun hours 
sliall he considered as fully coni;Tiied y/ith if the average 
numher of hours per week for any individr.al )iieasu.red over a six- 
months' period s^iall fall \7ithin b:ie nrescrioed inaxim-am. This 
rnp.ximum shall he reached hy not more than 10 percent of the 
total nviTiber of such em-loyees. Members of the Industry shall 
not increase the present hours of labor for trainmen and bus 
operators no'.7 prevailing except as rna.y be agreed U3on in connec- 
tion y?ith existing or new agreements: provided, however, that 
this Sxiall not -prevent increasing hours for such trainmen and bus 
operators as c-re not receiving a reasonable ainount of work, but 
in no event sliall the hours of l?bor he incr°ased beyond those 
prescribed in this Code." 



-35- 



Three Hetail codes coverins^ 79,000 enr:loyees ;orovided hours of 40 
to 48 de-^endin^- on the hours the stores elected to r emain open; three 
others (t\70 Hetail and one Territorial cods) covering nearly 2,000,000 
eirnloyees provided hours of 40 to 56. The codes for Eestaurant and 
Restaiirant in HaY,'aii (covering 600,000 eiirployees) provided hovirs of 
48 for vromen and 54 for men. 

S'oecial -iroDlems in loni:;-hour indv-Stries .- Undouhtedly these in- 
dustries for which long hours v/ere approved vrere working long hoiors 
"before the ITBA. How nmch - if any - they rediuced hours and thus con- 
triliuted to the a."bsorotion of unemployment manpower stated to be a 
purpose of H3A hours ^orogram is not clear from a statement of the 
code hours. It shoudl be recognized that in any of the indiistries 
with more-tha.n-40-hour codes having s:;3ecial problems of serving the 
public which complicate their hours of wbrlc. It is clear, however^ 
th^t many of them grs-atly exceeded the hours proposed for these 
groups in the PEA. 

I II. HOURS ?SR MY AI-TD DAYS P35 WS^?: 

Hours 'ler Day .- In 455 codes ho"ars per day were limited, as well 
as hou-rs per week. As Table 9 shows, in 405 codes - 70 per cent of all 
approved codes - the 8-hou-r day (*) was established.. Other codes ex- 
pressed, a pious hope concerning the 8-hour day; Gray Iron Poxmdry, for 
instance, stated: 

"The industry recognized the desirability of the 8-hour working 
d.3.j for labor andi, insofar as it reasonably can, will endeavor 
to employ' its labor on th.s.t basis." 

The Canniiig and Packing Machinery' code gave lix)-service to the 8- 
hour day in these i.7ord.s: 

"Vrhile this Industry recognizes said syraroathizes with the ideal 
of a limited, v/ork day and work V7eek and believes tliat 8 hours 
per day and 5 days per week is desiz-able, yet it is impossible to 
adopt such limitations in meeting the requirements of the processors 
' of "perishable food prod.ucts, as a considerable variation in factory 
hours has always been essential and must be "oejrmitted. " 

Eleven codes provided for daily hours of less tlis/n eight; three in 
the Apparel group specified "i, while Coal, Coat and S^iit, Blouse and 
Skirt, Millinery, Pur Dressing, Fur ''ia.n"Lii"acturing, and Music Publishing 
limited daily hours to seven. In 18 codes, 10 of them in the Food 
group, mnjcim-ijm:idaily hours were nine and. in 22 codes, 10 of them in the 
Sentail group, 10 hours were s-oecified. 



(*) In the Iron and Steel code, ap-iroved Ai:igust 19, 1933, the 8-hour 
day was to be effective "on or after November 1, 1933, asjsoon as 
members of the cod.e shall be operating at 60 per cent of capacity." 



36 



SGpBJ^ XT^^9H 

Bep-B-n etBsexo^M 

sepBJ^ eofAJes 

■UOf iBGJOSH 

uoxciBqaodsuBjj 
uoi^otiacjEnoo 

3ai:iB0f'iqB£[ 



t- 1 irv 1 rH H 


IP 


CM 


1 CO iH 0-4' 


VO 
H 


^ 


1 CO CM H NN 
H 


CO 


CM 
H 


1 C- 1 1 u^ 





xejBddB-Bexf ^xei u^ 



„^ jcij POT aoTHBei 

o o 
o o 

% 

""ij B0xaqBJ-s©XT*2ceji 

B O 
>>C 

■2 "* 

*d BO. 






pood 
q,uemdxi:il>a 
aeqqna 
■leaBj 
■o;;e 'exiBPpn9t[0 



•H ►. J 
M O i. 

°^ a S 

g -eg 

£? E:;onpOvtd q.S9j0ji 



CO 






IH 



^ tend 

oixx^^stn-uoii 






1 rH M I rCN 

I I I I Ln 

I ITS I rH C— 



Min 1 1 I 

I vo H iH-d- 

L'^ CM 

CMOO I I H 



VO O I I ON 



1 CT\ 1 CM ON 



I CM O H LO 



C~ .-I 



I KN I I H 



1 CO I CM KN 
CVJ 



1 ITv I r-l 1-1 



H 1-1 I I KN 



I 1-1 H CM CO 



I H I I iH 



1-1 ir\co CM CM 

1-1 O H CM CO 

-d- iH 



O 



4 

CO 



3 



o 



I in I I I 

rH ITS I I I 

I CD I I H 
i-t 

I H I I H 

rH 

I I I H I 

■ III I 

I mcM CM I 

I CD I I H 

I HA I I I 

-d-co I I H 

J- I I I 



O KN I 1-1 ^O 

CM 



C^O 1 



iH^ I 



o C--CM m Lr\ 

J-m rH 



-d- 1 



I H I 

I I I 
1 I I 



I to, I 

CM 



H_d- I 



I rH I 

H 



J I J- I 



C- I NO rH 
H 



I I 

NO \ 



- 
















>> 






o 




ra 






H 
OS 






2 




© 


© 


X 


© 






O 










>^ 


o 


© 


•a 






+> 






■d 




& ^ 


S 


© 


o 












© 




© 


5 


o 












4:> 




s 


U 










•d 






•H 


rH 


t>» >» t>> 


ffl 


m 


0) ^ 






© 




DO 01 


S 


H 


© H rH rH 


IH 


>^ 




n 


4J 




(» !>> 


•H 


;3 


t, ^ -rl -rt 


O 


(S 


4i 




& 


tK 




Ol dl 


rH 


■m 


C8 flj «I ol 


t< 


TS 


o ra 




g 




■d -d 






■d TJ Tl 










o 


^ 






O 


Vi 


n 


•H 


-CJ 

c 

0! 




© 


rH 
© 


_d-co 
7^ CM 

0|^<M <i-l 


c 

O 
43 


•H 

© 


f, c--a3 ON 
3 1 1 1 

O l>= t>i f» 
^ H H H 




>i 


TJ rliK m 


Q) n 


4^ 


© 




o o 


01 


© 


.y ^21 ^ 


n 


rH 


D-^1 


^& 


•H 


S 


ro 


n 


U 


s 


>i © © © 


c 


■H 


t. ? 


B 




t>> 


t>5-P 4^ 


© 




M ID (D <D 


o 


m 


O ti o 


o o 


W 


t, 


01 


oi 3 p 


a 


>5-H S S g 


•H 


xs 


D, o ^^ J3 


rH 


© 


•d 


■d o o 





01 


<£ 


CO 








C 


P. 








■d 


-d l/N O LTN 


•H 




n c— CO ON o 


to 




ONNO rvj _d 


43 


1 


ICNJ-J- 


> 




§ 


H 




to 




H CM 


a 


© 


© 


o 








t>5 






OS 


> 


E 


tt 




o 






a! 






rH 


•H 


•H 


Rh 




w 






a 






0^ 


fe 


*> 






o 

43 
01 
4» 



5 

•H 

>! 

a 

4^ 

a 

o 
8 
© 

rH 

& 
Qi 



• d 

:g^? CM 

O CM -H 

L • « 
••> C 3 O 01 
Ol-H-P >,XI 

u o d 
P n 01 T) o 

O L Vh ti 

a 3 3HI0I o 
o a m5 
r*»xl a 

NO O © 

fi 3 o 3 

g'OCtt'B -rl 

d > a P a 

60o -H Hi 5 
rH ft t^ 43 43 

© ©no 
fj O p © 3 
cd ©fl t, ^ 

P.'d P O 43 

P. o « pi, m 

<! o a 
- . ^ tl ° 

CCM -H »H O 

•H 

o © ©_d" 

n © m (n_3- 

© rrt oi oj Cm 

"O P o' o 

O rH • 

o o © © -a 
a ^ c o 

KNH Eh O O 



The 122 codes with -unlimited daily hours occvired in all the in- 
dustrial £;roups exce-pt Paper and Graphic Arts. Pahricating has 24; Tex- 
tile Fabrics, 19; 3qn.ipment, IG; Textile A;r larel, 9 (tT70 of tnese had 
short weehly hours); Hon-Metallic iviinerals, 8; Trans^iortation, 7; and 
Finance, its entire 5 codes. The remaining; 37 codes ?;ere scattered 
among 13 other industry groups. 

There \7ere, of course, elasticities in the daily code hours. Some 
codes provided for da.ily overtime at "'enalty rates, and some for 
longer daily hours during special periods. These V7ill be discussed 
later in the chapters on general overtime and Special periods. 

Days -per week.- Some 304 codes s;iecified limits on days perv/eek 
also. In 238 codes the vork week v/a"5 limited, to six days out of seven, 
and in seven codes to some mtiltiple of that. ThUS Trucking and Domestic 
Freight Forwardiixg limited working days to 12 out of 14 and Motor Bus, 
Toll Bridge, Bowling and Billiards, Surgical Dressings, and Pov/der 
Puffs limited worlcoig days to 24 out of 28. The \7odden Insulator 
Pin code provided for a 5-g-day Tireek; and 40 codes, half of them in the 
Apparel group, provided for a 5-day ^^eek. 

In a.ddition, it should he said that many codes res^ilted indirectly 
in a 5-day week. Schedules of 35 hours weekly and seven da.ily (l code); 
40 hours weekly and eight daily (135 codes); or 45 week?-y and nine 
daily (l code) mea,nt 5-day weeks whenever the fiill time daily hours 
were worked. Even in ind.ustries like the textile industries with codes 
providing 40 hotirs weekly and "onlimited hours daily, thousands of 
worke .'s operated during the code period on a schediile of ei^^ht hours 
per day and five days per week. In fact, one question which frequently 
came up for interpretation was whether a mill could work on Saturday 
to make up for a holiday earlier in the week. It is quite likely 
that under many of the codes limiting work to six days per week, 
normal schedules were only five days, excepting in peak periods. 

Limitation of plant operation .- Fifteen codes limited the days of 
plant operation as well as the days emiloyees night work.* Ten of these 
limited plant operations to six days weekly and five (Apparel codes) 
to five days weekly. Some of these latter provisions specified tliat the 
code Authority might authorize work on Saturday in weeks of legal 
holidays and one provided that estahlishments might work six days out 
of seven for six weeks out of 26. So far as the 6-da.y limitations 
are concerned, many HEA codes v/ithout them seemed to lag hehind 
custom, for many mills (not continuous processes) and many mercantile 
estahlishrnents operate regiolarly only six days j^er week. The proponents 
of these codes, hov/ever, reserved the right to depart from this custom 
if conditions clianged or if emergencies ?,rose. 



(*) See also discassion of shift limitation in cha/oter VIII. 



-G8- 

IV.- LBTHODS US3 TO PROVIDi: ^I^.CTICITY IS. '.IOTJ^S OF "GIT. 

It ims ■been sv^:^'9sted .n the -".recaciiv section tiri?.t tne iioui-s re- 
quired by the 1T3A. codes vere not ri^id hora-s. This section -jill ex?.r.une 
the methods '-hich '.-ere used to -provide flexibie hours to ivieet the needs 
of various ousinesses. These methods ^.Tere of t™ :aain sorts: (l) 
^Tovisions in the codes for "tolerances" to be used by any member of 
the industry '.vhen need arose and (s) a ;;.rocedure v/hereby any establish- 
ment v.'>ich felt that certa.i:i cods ;')rovisions uorlred a I'ia.r;lshi;o coLild 
aoply for an er.enT-'tion from the ;iartic"o.lar -jrovisions. The provisions 
in thePBA and the codes themselves are of considerable variety as v/ill 
be illustrated, belov/. 

Precedents in the ??Jl »- The PHA provided that the, specified hours 
(35) mij^ht be e;:ceeded '01^ factory or mechanical v;or!iers or artisans for 
six \7eeks out of the four months the TBA was to run; tli?.t "accounting, 
clerical, ban.iing, ofiice, service or sales employees in any store, 
office, department, esta-blish-neut or public utility, or on any auto- 
motive or horsedravni passen;2:er, express,, delivery or frei.pht service" 
mitjht rorh longer hours than the factor;^ or mech-a.nical i/orkers or 
artisans (but not more tlian 40 hours); tliat outside salesmen, "registered 
pharamcists or other -professional perso-ns employed in their professions", 
'%nployees in a managerial or executive cppactiy who no" receive more tlia.n 
$35 ;ier weelc", "employees on emergency maintenrnce and re-)a.ir \7ork", 
"emplo3''ees in establishme-nts eiiroloying not more tJian two -lersons in 
to¥rn3 of less than 2,300 population. . .not -^art of a la-rger trading- 
area", and "highly skilled workers on continuous -processes" in "ver^f 
special cases where restrictions of hours, . .vrauld -lonavoidably reduce 
-production" wei-e exempt from hours limitations (er.cept that the 
co'iitinuous-process operators -were to get tine and one-tidrd for h ours 
above the s-oecifiec" raa.ximum) . These pirovisio-ns all te-ided to introduce 
elasticity i-n the hours provisions. Other elasticities v/ere introdiiced 
in the P?A substitutions. 

Definitio'ns of vprious devices to -provide elasticity .- These PPJl 
devices for elast..city v/ere usee in tlie codes. Tue-j l:p.-\re come to be 
(sLled pealc-per^od -orovisions, emerge:icy-re ^air -provisions, and excev-ted 
occupations provisions. As the code-msking procer.s co-ntinued, other 
elasticities were introduced, such as ;i'ovisions that hours were to be 
averaged over a certain perido; that the ma.ximum ho-ars were only basic 
hou.rs, a-nd additirnal hours might be worked when needed, -provided a -penalty 
rate v.-as ;-3aid for the extra hou.rs per daj^ or T.'e3k; and tlxat standard 
hours mit,ht be exceeded in time of emergency (defined or tindefined). 

Table 10 reports the freiu.ency of the u.se of all these devices 
to secure elasticity in hours; discussions of the details of the pro- 
visions is -lost-joned to later' c_ia.pters. However, it is well to stop 
here to define the catei_^ories in which the pi-ovisions are classified. 
It is no simple riiatter to classify some of the code -provisions but the 
following definitions sho-uld make, clear the terminology used here. 



-39- 

1. Avera^^inf; -provisions state v/eekly liours in terms of an average 
week over a certain period instead of a niaxxni'un to "be applied each week, 
such as, "not more than 43 hours per week and an average of 40 hours over 
13 weeks", or 2,080 hours in a year with no weekly limitation. Also 
included an averaging ~)i'0"visions p^re provisions that "basic hours may te 
exceeded only during specia.l peak or emergency periods when the extra 
hours worked in these specail periods must "be a"b9or"bed in an average over 
a certain longer period. These latter cases are counted in the peak or 
emergency period ta"bulations also and are treated separately in chapterlll 
on averaging provisions. Some averaging provisions involved overtime pay- 
ment for the hoiirs-iove the average. These also are se->arated in Cha-oter 
III. 

2. Gener 1 overtime -provisions included only two kinds of arrange- 
ments: (l) Tlxv.t the iiiaximum hoxi-rs could "be exceeded whenever desired 

(stated or im:o""_ied) provided that the additional hours were or without 
limit compensated at a special overtime rate, a/nd (2) that the overtime 
hours mast also "be made up "by shorter hoiirs at some other period 
(an averaging provision). These tv.'o tjnoes of provisions are discussed 
separately in cliap-ter lY . AllowanceE of certain nvim"ber of overtime 
hours in a certain -period, v/hich some writers on HEA codes call "over- 
time tolerances," are here coiu^.ted as -oeak-oeriods provisions "because 
they provided ahout the same degree of elacticity as did the peak 
-periods. 

3. ?eak-'-3eriod ■irovisions incl-aded ; (l) Provisions for longer- 
than-normal hours durin^-, certain limited periods, as d-uring six weeks 
out of every 26; (2) arrangements for extra hours to "be used up 
during certain periods, as 64 hours every 26 weeks; and (3) a few 

loose -previsions that regular hours would he exceeded during peak periods 
not limited in the code, without -payment of overtime. The first two 
varieties of peak periods listed may or may not involve overtime 
payme-nts and may or nmy r.ot "be ahsorhed in certain average ].ours. 
These detailed provisions are discussed in chapter V. Peak periods 
us-ually were specified for "basic emoloyees, "but in some codes they 
covered certain gro-uis of employees only. Other codes provided that 
during peak periods the hasic 40~hour employees could work 48 hours 
and the 44-hour employees could work 52 hours. Our terminology accord- 
ingly separates peak-period "provisions into those for hasic employees, 
certain employees only, and additional emi^loyces. 

4. Emergency rei^air -periods were ty^oically specified as 
"emergency maintenance or emergency re-pair work involving "breakdown 
or protection of life or -property," These provisions, for what can "be 
called emergency re-pair periods, shaded off into provisions for re- 
gular longer-than-hasic hours for repair-shop crews. Emergency repair 
■periods may ha.ve applied only to repa.ir-shop crev;s; they have covered 
also related groups such as machinists, engineers, and electricians; 
or they may have covered any of all employees. In some codes it is 
impossihle to tell wlia.t groups were covered. The code provisions for 
hours for repair-shop crews and for emergency repair periods are 
discussed together in Chapter "VII. 



40 



I 

I, 






■si 



I 



I 



►^ 2 
n a 



•a 



•a 
> 



■g 

a 



pooi S 

jaqqiia ■* 

C\J 

jadBd "^ 
•0^3 'axBo-pmaqo P^ 

s^cnpojd }aeJO£ •-' 

XB^OJi W 



r^ ft] K>r*^ 



K> vi> &0 r^ 



9803 



t 

o 






N t I <VI tH I M 

r-t 

ir<r-l CU CM «U i-I W 

1-4 .H 

K\<U i-l d- r-l I ITI 

iH I I W to 1 i-< 

t<-l I I t K\ t N 

St I ■ i <y> u> I H 

Ml 1 W (M I I 

(Vi I iH ni ::t I I 



r-cy (\j m m I iH 



CU CM 1 


Si-^ 




' ' s 


J- rH CU 
CM 


^^ 


' R 


K\ 1 jS- 


r- l^^O^ 




"^5 


a^f*- K^ 


I-I W M 


^ ,-4 







Ml I r<^ I I I 

r>- I iH 1-4 ir> I t-t 

ro 

CT^JS• I K\ ^ I fO 

r-i 

II I tH r-l I J- 

\C^ K\ to ro*H tr> 

iH J- W 

r-IT^ M O C\J I .H 



pBoa^lf^roK^r*^ in 
cr\h-to*ooeyvo »h 

C\] lO iH »-4 



t>-(VICU<Ur4iH INKNr-l l-A^d-iHI 



K\VA «0vAfMK\|C\JtO CM IpCVi I I 



nlJi'CUNNIICU |r4;»0>ll 

iTifHr^cvinicMni I I ni itvitH i i 

iTi 9 I I I I I I I I I in K\ I I 

C«IOr<K>l I I IH h-|i-IO<M I 1 
•H i-( 1-4 

Oj» ni I I I I I to I I to irv I I. 

^s nj ni wa- ni CM i (H^d- ^ i IM ir\ i i 



N r4 I 

^ I I 



I i-t 
I »o 



i-l 1-4 I 4 I 



^ I I I I-I 



iH r-l I I 



1-4 I CM fl 



1-4 1-4 111 



■-4 1-1 I I r4 



»H tnj^ o^toQ»fi'«oK^ r^toe\4r\v^ i toHJS- i 
woicmoicmPS hcu 5i>- 3 

ONHintom^ lj*fOcM lvOO^l-ti 

tocu m f-4 60 (-4 injd" ONovocMr— |i-4j:i-i ito 

^CMCMi-tCMiHCM a^ropo'^' ' 

fHcMt*^l<^cucM^^ fHiHtocu 
to cu 1^ er\^ ir\ i-t loj- i cm^ a< ihj» t w sO i i 

S S-2 Sffl t '^ff'^ to I » in iH I I to CM H ( 

CTv to J- rOCM to CM to 1^ BO f-1 f-4 

Jt tO^ ;*^^tOIO| IrH^JtCMIII II 

to to tOCM CM PS fS to rH 

tOWJt CM 4-4 0\\0 9\rHvOCM'Hr-4mt |tOOI 
tOCM i-lrHCMt-l CM toto S 

f*-iHJttOOCM IWintOCMJ^tnlr-l l l rHfH 



CMOCMvCdJIVSr-f lOr-lll |IOmiv£| 



o>cu J* to in J* eo>£^cMiiow »~-*oaMnvoo\j»-o 
^DCT\cuo^cMlnto^^tovotor^c^lOl-4 vovD f-tr^ 

iniHCM«-4CMCM iHCM :t ^ 



-a 

o 



I- ** o 

ho O Ol O r-l 
O lO o Z p« H 



?! 



5^1 

o 3 

•4 • 

9. « 

»4 t-4 «» 

-^ s 
?* 8 

i-l A s S 
^ e'en * 

Ǥ ..^ 



U A O 4* 

e •»» <H at 

*"»8 §• 

■ h ^ S 

ho o 

•> «4 e o 

'o • 3 

_ <-4 ^ a 

S o p « 

a H .0 S 

"^ u g- 

n « « i0 

CO* 

i^ CO o <cf 

"Kl 

O O C2 

e . a 

to (4 ^ 



^H-i-IIOIIIIII I IICMII IrH It<H| [1 



4-1 O' O 

■-4 W 



° it s 

4» o k o 

i-l o ^ 

IH • r-l 4» 

•H ,£1 rt « 

•^ o §• 

D k ffl S 



4^ O 



« o 

a* c ■ o 



mi 




^-4 <D V 



-41- -. 

5. Otner emergency "periods may l^e akin to oeali periods (such as 

the --provisions for prdeessine; perishable products in Leather and Canning) 
or to emergency re-pair -periods (sucii as the provisions to cover accidents 
in coal mines). They seemed to he -jut into the codes to covet v/hat the 
codes proponents regarded as the partiCAilar need of their industry. These 
periods are discussed with peak -periods in Cjiapter V. 

6. 5xce-:)ted occrc^ations include (l) occupations such as 

executives and outside salesmen v/ho v-ere not subject to any hour limitations, 
and (2) watclimen for Ti7hom longer-thar-Da.sic hours vvere prescribed. These 
excepted occupaticns had their o\vn provisions for averaging, -peak, periods, 
overtime, etc. All these provisions are discussed in chapter VII. ■•_ 

In all these devices for. securing flexible hours arrangements, the 
meaning rather than the terminology of a code h^s been followed in 
classifying the code provisions. For instance, a Code with an averag- ■ 
ing -provision or a ge-neral overtime 'trovision may mention that the average 
may be exceeded or the overtime hours used during emergencies or in 
periods of seasonal dems-nd, T,'ith no definition of the duration of the 
peak -period. Such cases as this are considered here merely as inter- 
pi*etations of the general overtime or averaging provisions, and are not 
counted as -peak -period and other emergency provisioils. 

The freq-gency of -gse of methods of elacticity .- With these defini- 
tions in mind, the frequency with which each of these provisions ..appeared 
can be stated. As table 10 shows, 139 codes had an averaging -pro'vision 
for basic enrployees; 200 codes, an averaging -provision for office workers; 
and 114 codes, a general overtime provision for basic emoloyees. Larger 
njmbers of codes provided for excepted periods; in fact only 63 codes had 
,-no excepted periods. The other 515 codes had anaverage of a.lmost two 
excepted periods per code. Of these, 382 covered emergency repairs and 
maintenance; 239, peak pei'iods for basic employees; 78, peak periods 
for certain additional groups with provisio-ns differing from those for 
the basic emrployees; 39, -peak -periods for certain employees in codes 
having no basic -peal: period; 103, other emergency -periods; 23, report and 
inventory -periods. The use of each of these -provisions in each industry 
group is shown in table 10 and is discussed in detail in the clia^oters 
following. 

When the codes are weighted by the -number of employees covered, 
the sit-uation shown in table 11 resutls. Twenty-eight percent of all 
employees under codes were in codes ha.ving averaging -^irovisions; for 
basic employer; 18.8 percent in codes heaving general overtime -pro- 
visio-ns for. basic e \plnyor; "^l-y.o percent-ln codes having pealc periods ; 
for basic_ eiiiptoyees; a;iL". 37-5 percent in codes '.haying emergency periods. 



-'1-2- 



Codes with flet maxiinum hours . Table 11 shows that 115 codes 
had no provision for overtiiiie, averaging, peak period, cr emergency period. 
In these codes, the hours set were the flat maxinium. The only elasticities 
in these codes were occupational exceptions - longer normal hours for 
particular occupations (excented occupations), emergency-repair periods, 
and peak rieriods for certain specified groups oi e.nplovees. 

All industry groups excepting RabDer, Leather and Fur, Graphic 
Arts, and Finance had some codes in this group. The proportion ran highest 
in the Textile Fabrics codes (23 out of. ,40 codes) which put considerable 
emphasis on limiting machine hours and thus frowned upon elasticities for 
productive employees; and the Textile Apparel codes (S3 out of 45 codes) 
which had exceptionally strict hours provisions. 

These 115 codes covered almost one-iifth of the employees under 
codes (19.5 percent). They included only five of the 43 less-than 40-hour 
codes, 94 of the 487 40-hour codes and 16 of the 48 more-than-40 hour 
codes, one-third of the total such codes. However,, only 16.6 percent of 
the employees in the more-than-40-hour codes were in the flat maociraum codes, 
compared with 20.2 percent in the less- than-40-h our codes and 21 per- 
cent in the 40-hour codes. 

Many of these 115 codes had a large number of excepted occupations, 
22 enumerating 10 or more occupations normally allcwedlonger hours thaxi 
were the basic employees. 

lyineteen major codes were included in this group: Baking; Cotton 
Textile; Viool Textile; Silk Textile; Men's Clothing; Hosiery; Underwear; 
Cotton Garment; Infants' and Childrens' 'iVear; Fe'troleum (Marketing Operations 
and Filling Station Division); Retail Lumber; B-ailders' Supplies; Motor 
Vehicle Retailing; Motor Vehicle Maintenance; Motor Vehicle Storage; Scrap 
Iron; Barber Shop; and Bovding and Billiards. It will be recognized that 
these major codes included two less-t;,ian-40-hour codes, eleven 40-hour codes, 
and six more-than-40-hour codes. 

Operation of stays and exemptions .- It should be said, too, that 
the effective hours provisions were often much looser than the code pro- 
visions tabulated, by reason of the operation of stays, exemptions and '■ ; 
interpretations. For instance, when employers operating under a code without 
a peak period needed extra hop.rs, they applied for - and ofter were 
granted - an "exemption", which gave them a pealc period. When employers 
operating under a code with averaging provisions had used up the average 
hours, they applied for exemptions from the averaging provision. And so 
with other provisions ""hich hindered any particular employer or group of 
employers. These exemptions are being studied in another report and so will 
not be considt-rec here. It should be remembered, however, that there were 
such. 



i 



qfto:^ 



-43- 

TABLE 11 

lCrara"ber and percentc.fi'e of codes and of enployees covered by 
these codes, ".Titli specified provisions for elo.sticitya/ in 

hours. 







Employees : 


Percentage: 


Percentage 


Provision : 


Codes: 


(thousands) ; 


codes : 


employees 


Totoi codes : 


57S : 


22.55U : 


100.0 : 


100.0 


With averaging provision : 


139 '• 


6,283 ! 


2U.0 : 


27.9 


With general overtine provision: 


llU : 


U.2U3 : 


19.7 . 


IS.g 


¥ith peak period : 


290 : 


10,773 : 


50.2 : 


U7.S 


ITith other emergency period : 


103 : 


g,U90 ! 


17. s 


37.6 


With none of these provisions : 


115 


k,33k : 


19.9 


19.5 


Less than UO-hour codes ; 


U3 


2,179 


100.0 


100.0 


With averaging provision : 


10 


5^^ ! 


23.3 


25.0 


With general overtine provision; 


S : 


19U 


IS. 6 


S.9 


With peak period 


2k 


6U5 


: 55.2 


: 29.6 


With other emergency period 


g 


1,025 . 


IS. 6 


U7.O 


With none of these provisions ; 


5 . 


UUl . 


11.5 


: 20.2 


40-hour codes 


4S7 


12,S9S 


100.0 


100.0 


With averaging provision 


117 


3.569 


2k. 


2E.k 


With general overtine provision 


9^, 


2,533 


19.6 


19.6 


With peak period 


250 


U,S83 


! 51.3 


37.6 


With other emergency period 


86 


5.713 


: 17.7 


kk.3 


With none of these provisions 


q'4 


2,712 


19.3 


21.0 


More than UO-hour codes 


Us 


7.U77 


: 100.0 


: 100.0 


With averaging provision 


12 


2,070 


: 25.0 


: 27.7 


With general overtine provision 


12 


: 1.515 


: 25.0 


: 20.3 


With pealc period 


16 


■ 5,2U5 


: 33.3 


: 70.1 


With other emergency period 


: S 


: 1,7HS 


: 16.7 


: 23. U 


With none of these provisions 


. 16 


: 1,241 


: 33.3 


: 16.6 


Codes with 50,000 or nore 










employees 


'. 72 


: IS. 639 


: 100.0 


: 100.0 


With averaging provision 


: 2U 


: 5,291 


: 33.3 


: 28. 2 


With general overtine provision 


: 13 


: 3.39^ 


: IS.I 


: 18.2 


With peak period 


: 30 


: S,S32 


: kl.l 


: kl.k 


With other emergency period 


:. 22 


: 7.7S1 


: 30.5 


: U1.7 


With none of these -orovisions 


: iq 


: 3,6U3 


: 26. U 


: 19.5 



a/ If a code had nore thoxi one provision for elasticity, each pro- 
vision Tas counted separately; con'oinations r/ere ignored. 



9SO3 



-44- 

Bxce'Tteci occvr-'g.tions. .- It is not easy tq t,eneralize aoout the 
-use of the device of exce:;ted occutiations. Table 10 lists semrately 
the -provisions for 21 groups who viere allo-.-'ed to vrork longer tlian 
"basic hours or were coirnletely exerrroted from the limitations on hours. 
Executives arid supervisors were most freqtiently excepted (569 codes); 
next come outside salesmen, 497 cod.es" ; vjatchmen, 478 codes; fii-emen, 
254 codes; delivery emplo;. ses, 234 codes; .entaneers, 225 codes office 
and clerical',* 2-24 codes; repair and maintenance crews, 193 codes; 
professional and technical eirroloyee.s, 192 codes; shipping and stock 
clerks, 166 codes. The following groups V/e re excepted in 50 to 100 
codep: electricians; cleaners and janitors; scarce, skilled and key 
worl'zers; and continuous-process o^oeratorfe. 

Basic 'hours and other elasticities .-It mi^^ht he assi^med that 
the codes with the shorter "basic weeks •.70vdd make the most use of those 
ele^sticitiss. Ta"ble 11 shows that this was not the case. VJlien measured 
in ,"iercenta.ge of enrpl'oyees covered, averaging provisions were used 
most frequently in 4d-hour codes ;and least frequently in the less-than 
40-hour-cbdes^ Only, emergency 'jeriods were used more frequently in 
the codes' v/ith the shorter "basic; hours provisions. One is forced to 
conclude that the industrialists who framed the codes v/ith shorter 
hours wished, for one reason orianother, to limit the hours of the workers 
in their' industries, and so established shorter hours and few exce;:itions. 
On the other hand, .the members of the. raore-tlia,n-40-hour codes pro-oosed, 
and receivee administrative ap-^roval of, loose hours provisions with 
long basic hours and many complicated pp^ovisions for elasticity. 

Combinations of elasticitges .- .These methods of "roviding 
.elasticity were u.sed in various comtjinations in different codes. Dis- 
cussing ench --rovision se-:)arately obscures bothe the interaction of 
the -Trovisions on each other and the extent of the elacticity 
which the codes afforded. Some provisions limited each other; for 
e:xample, averaging of hours limited general overtime provisions and over- 
time provisions with penalty-payments vrere eir^ected to check the use of 
the aVera^ging provisions, Pifty-two codes had this combination of 
provisions. Pealv periods or emergency "-.eriods a.bsorbed in the 
average limited; the averaging provision; peak periods or emergency 
periods outside, the average ."orovided a great deal of elasticity. 

Some provisions made other provisions uiinecessary. Ordinarilj' 
a general overtime -provision mad^ a -.'.'eak period or emergency period 
provision -uivnecessary; in a -few cases the -r.eak "^eriod added ela.Bticity 
to 'elasticity.. One hmidred and fifteen codes load no overtime, averag- 
ing, peak-period, or emergency-period provision, but some of these 
codes iTad^raa^ny excepted occupations. 



(*) Some codes provided hours for office v.'orkers shorter than basic 
hours. See clm-iter VI. 



"45- 

V. HOURS P50VISI0KS IE TH:: IviAJOR C0D3S 

Basic hours in the major codes . - 

Since mora than four-fifths (82.6 percent) of all the em-oloyees 
■under codes were in the 72 codes -.'jith 50,000 or more em;.:)loyees, the 
:;rotlem of understanding,' code ;^^rovisons may be siiinlified ty concentra- 
ting attention of these 72 codes. Table 12 E\m-narized the hours pro- 
visions of tii.'se codes. It chows that the major codes included: 

10 less-clian 40-hour codes 

42 40-hour codes 

20 more-than-40-hour codes 

Among the 72 codes were to be fo-ond: 

24 '.?ith avera^in^' provisions 

13 with general overtime 

30 with peak periods 

22 with emergency periods 

19 with no averaging prevision, general overtime, peak period, 

or emergency period 

If all enroloyees by each of these provisions are taken as 100 
percent, the employees covered by the major codes represent 80 percent 
or more of the om^^loyees in each group, as follows; 

80 percent, general-overtime codes 
84.2 percent, averaging codes 
82.0 percent, peak-period codes 
91.7 percent, emergency-periods codes 

Combinations of elasticities in major codes .- Table 12 showing 
the hours provisions of the najor codes, ma,kes it possible for one to 
see different patterns of combinations of elasticities in these codes. 
For ex3Ji^3le, Paper and Pulp had an aver3.ge 40-hour work, with general 
overtime, no excepted periods but emergency repairs, and a generous 
number of excnted occupations. life.chinery and Allied Products had a 
basic 40-hour week with no averaging or overtime provisions, but longer 
hours in pe3.k periods, emergency periods, and emergency repair periods, 
and a few occupational exerrritions. Men's Clothing had very strict pro- 
visions - a ma^ximum 36-hour week with no averaging, overtime, or special- 
period provisions,* and nine excepted occ-upations. Trucking has very 
loose provisions - a basic 48-hour week v;ith averaging, overtime, peak 
period, emergency period, and six excepted occupations. Baking had no 
overtime, averaging or pes-k period, but 11 occupations were excepted 
from the 40-hour -reek; this counted employees in liand-craft and semi- 
handcrft shops as excepted occupations. Other patterns may be seen in 
the table. 



(*) A peak peried far uniform makers and tailors to the trade is counted 
as special peak. See table 29. 



T. A B L E I 2 
HOURS PRCVISl.tNS \ U THE WAJCR CCDES 











GENERAL PROVISIONS 


EXCEPTEO PERIODS 


O-tJ 

OQ. 
U-tJ 

■.0 


u 

11 

UJCJ 

51 


>- 3 

UJ 

52 








1 « 


r 1 


1 A 


M c n 


II <; 


M r 


II R 


fi 


r-L 1 


II <1 


f s 




UJ 

g 

(-5 
UJ 

s 


«*ME OF CODE 


. a 
— ^ 

0- c 

UJ - 

cr 


3 


BJSiC EMPLOYEES 


OVfTlllE 


CFFICE AHO 
CLERICAL 


PaK r TOLERANCE 
eASIC EKPLOYEES 


^'pl^i^^r 


OTHEP EHERCENCY 






a. 



t— 3 

— 1. 

IOC 

53 


UJ 



UJ 

«J 


T. 

514 


?*! 
iJjt-; 

55 


w 
u:C^ 

=>UJ 



*_ICO 

56 


57 


3 

58 


11 

I .a. 
59 


UJ 

60 


en. 

^% 

C/>UJ 

a; to 
00 

fl 


62 




1- 

C3 


nje 
00 

(jtT) 
0:0 

US 
614 


1- 

UJ 

66 




2; to 

oto 

€6 






^UJ 

4 


>- 

UJ 
CI 

5 


uj:< 

LJ=>UJ 

6 


tn 

UJ 

UJ ■ 

7 


» 
8 


1 «) 

3 u 

iS 

UJ u 

u,i c — 

1- 00 
L - - 

UJ W L 

0-- a<^ 
3 




X 


C/l— 

=>UJ 
OQ- 

UJUJ 

II 


ujn fr 

Q. UJ 
UJQ->- 
OUJ 

UJI.— 

ujy — 




13 


UJ 

OJ 
UJ 

V- 

UJ 
Cj 

lll 


CO 

a. 



X 


UJ 


16 


CJ 
X 

1^ 


UJ 

>■ 

13 


ujo 

is 

U. 

UJ 

UIO- 
OJUJ 

ztj 

*UJ 

19 


UJ 
ft; 



>- 
i- 



i: 

20 






1 
11 

401 


MBtitS-PERRODS and HOH-PERRODS 

Iron and Steel Industry 
Copper Indnatry 


420 

64 


48-8 

D-8 


6 


40-26 
40-13 


- 


U- ■^- 


li 


40-B 


- 


,1-1 


D 


- 


D 


40-8 


B 


- 


IJ 


- 


1 
1 


X 


X 


- 


- 


- 


- 


- 


- 




- 


- 


- 






10 

24 


Petrolena _ 

Pilling Station* 

Froduelng 

Jlarketlng 
Bltumlnoua Coal 


5?U 
292 

III 


40-^ 

48 -D 
55-7 


5 


36-2 


- 


; 


2 


48-D 

48-D 

D 


46-2 

40-2 


. 


. • 


- 




- 


D 


- 


- 


- 


2 
5 


- 


X 


- 


- 


- 


- 


- 


- 


^ 


- 


X 


X 


.- 


-- 


- 


_ 






125 


— KOS-METALLIC EHBHALS : — 

Stpuotural Clay Products 


94 


_ 

48-8 


- 


36-26 


- 


- 


1V3 


4Q-D 


- 


- 


-• 


■' - 


D 


48-8 


V 


- 


- 


- 


4 


11/3 


X 


- 




- 


- 




- 


X' 


- 


- 


- 


"- 


- 


- 








9 


—FOREST PRODDCTS 

Uunber and Timber Products 


568 


40-D 


- 


40-52 




- 


- 




- 


i-i 


48-0 


- 


- 


- 


D 


- 


1; 


CA 


2 


1 1/2 


- 


X 


- 


- 


- 


- 


- 


- 


- 


- 


-■ 


J- 


- 


- 


- 






27? 


— CHB1JICAL3, DRDOS and PAIHTS 

Chemical Mfg. Industry 


68 


48-D 


- 


40-17 


- 


- 


1 1/5 


■«-u 


'to-n 


1-4 


48-ir* 


- 


- 


- 




4 


- 


- 


-■ 


2 


J 


--^ 


- 


-_ 


— "- 


X 


« 


_ 


. 


_ 


« 


_ 


. 


. 


_ 














' 




















L20 


— PAPET 

Paper and Pulp 


128 


J48-B 


- 


40-13 


8 


48-D 


1 1/5 


Ul 


■MO-ffX 


- 


- 


- 


D 


- 


D 


- 


- 


- 


4 


- 


- 


- 


- 


X 


- 


- 


X 


- 


- 


- 


- 


- 


- 


"- 


-■ 






156 


Rubbor Mfg. Industry 

Rftlnwear Division 
Rubber Tire 


Ik 

75 


40-8 
40-8 
42-8 


5 


56-52 


56 


^'d 


1 1/5 
1 1/5 
1 1/3 


48 
48 
48 


40-4 
40-4 
40-4 


I 


48-D-*- 


1*0 


u 

u 


-it 



D 
D 


!*5 

i:i8 


- 


- 


2 
5 


- 


- 


- 


X 


- 


- 


'- 


\ 


- 


i'. 


X 
X 


X 
X 


- 


- 


- 


- 






2 


Shipbuilding & Shlpl Repairing 

Electrical Mfg. 

Automobile 

Automotive Parts 4 Equlpi»nt 

Machinery k Allied Products 


1 
It 


56-D 

j6-D 
48-D 
48-D 

40-8 


6 
6 
6 


Uo-52 
40-52 


8 


56-D 


1 1/2 

l'l/2 


: S8 


40I52 
40-52 


i-i 

6^2 


D 

48^0 


40-8 


D 


40-8 


D 
D 


40-8 


- 


- 


2 

1 
1 
2 


1 1/2 


X 


- 


- 


- 


X 

I 


- 


X 


- 


- 


- 


- 


-■ 


- 


; 


X 






[J>-8 
I445 

as 

k59 
467 


Oraln Exchanges 

Ice Industry 

Fishery , 

A. Fresh Oyater 

B. .Wholesale Lobster 

C. California Sardine 
• D. Atlantic Mackeral 

E. Blue Crab 

P. Trout Farming 

0. Hew England Pish 

H. Hew England Sardine 

1. Midwest Fish 

J. Middle Atlantic Fish . 

K. Sponges 

L. If. W. * Alaska Pish 
Baking Industry 
Canning Industry 
Bottled Soft Drink 
Cigar Manufacturing 


50 

100 
200 

186 
99 

11 


48-D 

56-D 

D-D 

48-10 
48-10 

D-D 
D-D 

48-9 

D-D 

48-9 
48-10 

48^8 
40-8 
J6-8 
40-8 
40-D 


12/2 

6 

6 
6 

6 

i 

6 
6 
6 


m 
45-2 

45-2 
45-2 

ii5-2 
45-2 


48 
48-10 


D-D 

0-v 


1 1/3 
l"l/3 

i]l/3 
l]l/3 

ri/5 


40-8 
40-D 
40-8 
50-D 
40-8 
40-D 
a-9 
40-D 
40-8 
36.8 

46-D 

40-8 
40-8 
44-8 
40-8 
40-D 

40^ 


- 


I-I 

B 
B 
B 
B 

B 

6-1 

I-I 
B 

7-1 

13-1 


D 

B 

B 

B 

B 

B 
48-10 
60-10 

B 
5I4.-II 

48-10 


'■•te 

9 


D 
D 
V 
D 
V 
D 
D 
D 
D 
D 
D 
D 
D 
D 

D 




U 
D 
D 
D 
D 
U 
D 
D 
U-12 
D 
D 

D 


♦ 
t 
♦ 
* 
♦ 

t 
♦ 

t 


1. 

1. 
1. 

2. 
2. 

1. 
1. 
3- 


H 
R 
R 
R 
R 
R 
R 

R 


2 

\\ 
2 
2 
2 

1 

1 
5 
5 

1 


1 i/5 


X 

X 

X 
X 
X 
X 
X 
X 


X 

X 


X 


X 
X 


X 

X 


X 

X 


X 




- 


- 


- 


- 


- 


X 
X 


X 
X 






1 


Cotton Textile 
Wool Textile 
Silk Textile 


130 


40-D 
40-D 
40-D 


- 


- 


- 


- 


l'i/5 


D 

48 
Hi 


40-26 
40-15 
HO- t 


- 


- 


- 


D 
U 


40 


- 


. 


- 


- 


2 

1 
|2 


1 i/5 


- 


- 


X 
X 
X 


X 

(' - 
X 


X 
X 


- 


X 


* 


- 


- 


- 


X 
X 
X 


X 
X 
X 


- 






1 


Men's Clothing 

Hosiery 

Underwear & Allied Products 

Dress Manufaoturlng 

Cotton Garment 

Infant's & Chll<*p©n»8 Wear | 


150 

1° 

88 
200 
_75 


J6-8 
40-8 
40-D 

J6-8 
40-8 


5 
5 
5 _ 


- 


- ■ 


- 


1 1/2 

ri/2 
1*1/3 


D 

40 

D 

HO 

D 

D 


40-52 

40-4 

40-13 

_4o-i3 


6-2 


D 


55 


D 
Di 

D 


40 


- 


- 


1. 
1. 

1. 


CA 
CA 


1 
3 
1 
2 
1 
2 


- 


X 


X 


X 
X 


X 
X 

X 


X 


i^ 


X 
X 


- 


" 


- 


" 


X 
X 
X 
X 
X 


X 
X 
X 

X 


- 


- 




















_^_ 


"^ 




21 

44 


Leatiier Industry 
Boot and Shoe 

— ^PARRTPATTWri- 


5? 
206 


40-8 
40-8 


- 


40-26 


40-8 


© 


1 1/3 
1 1/3 


D 


40-26 


8-Z 


45-D 


8 


- 


- 




a 


■40-8 

45-8 


- 


- 


2 

1 


1 1/5 
1 1/5 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


I& 

05 




82 
84 

^1 


Steel Casting 
Fabricated Jlstftl Products 
Furniture Manufacturing 
Gray Iron Foundry 


kll 


48-D 

40-D 
U5-8 
4o-D 


6 

6 


4076 
40-26 


'f 


(^ 


ri/2 
1 1/2 
1 1/2 


40-D 
10-0 

mi 


- 


1-2 
I-I 


D-D 
48-D* 


48 


D 


* 


u 


• 


. 








1 
2 


1 i/2 
11/2 


X 


- 


- 


X 


- 


- 


- 


- 


- 




- 


- 


X 


- 


_ 






287 
288 


Graphic Arte 

A. Relief Print 

B. Lithographic 
C, Trade KfR, 

D. Oravure Intaglio 
•E. Steel & Copper Plate 
P. Securities Bank Hote 
Bally Hewspaper Publishing 


2?2 
106 


48-8 
40-8 
40-8 
48-8 
40-8 
4o-8 
40-8 


6 

■ 6 

6 

6 

6 




40-13 
40-13 
40-13 
40-13 
40-13 
40-13 


8 
4D-8 
4x1-8 

8 
40-8 
40-8 


D 
D 

48 

D 

D 
D 

m 


ift"lA 

1 1/2 

1 1/2 
„1 1/2 


D 
D 
D 
D 
D 


40-44-48 


- 


- 


- 


- 


D 
D 

U 
U 
D 


♦ 


D 
D 


8 

t 


1. 


- 


1 

3 


B 
B 
B 
B 
B 


X 

X 


X 


X 
X 
X 

X 
X 
X 


X 
X 
X 
X 
X 
X 


- 


X 


- 


X 
X 
X 
X 

X 


- 


X 
X 


X 
X 


- 


- 


- 


X 

X 
X. 

X 
X 





TABLE 



I ? 



HOURS PROVISIONS IN THE MAJOR COOES 



am: c f code 



11 
Uoi 



METALS -FERROtrS and NON-FERROUS 

Iron and Steel Industry 
Copper Industry 



-FUEL ■ 



10 Petroleum 

Filling Stations 

Produc Ing 

Marketing 
2l| Bituminous Coal 

-NOH-METALLIC MINERALS- 



125 Structural Clay Products 

-FOREST PRODUCTS— 

Lumber and Timber Products 
-CHEHICAia, DRUGS and PAINTS - 
Chsmlckl Mfg. Industry 

-PAPER 



275 



120 



Paper and Pulp 
-RUBBER 



Rubber Mfg. Industry 
Rainwear Division 
Rubber Tire 



-EdUIPMENT- 



51^7 



Shipbuilding 8c Ship Repairing 

Electrical Hfg. 

Automobile 

Automotive Parts & Equipment 

Machinery & Allied Products 



Grain Exchanges 
Ice Industry 
Fishery 

A. Fresh Oyster 

B. Wholeaale Lobster 

C. California Sardine 

D. Atlantic Mackerel 

E. Blue Crab 

F. Trout Farming 

0. Now England Fish 

R. New England Sardine 

1. Midwest Fish 

J. Middle Atlantic Pish 

K, Sponges 

L. N. V». 8r Alaska Fltlh 
Baking Industry 
Canning Industry 
Bottled Soft Drink 
Cigar Manufacturing 



-TEXTILES-FABRICS 

Cotton Textile 
Wool Textile 
Silk Textile 



-TEXTILES-APPAREL . 



Men's Clothing 

Hosiery 

Underwear & Allied Products 

Dress Manuf acturitig 

Cotton Garment 

Infant's & Chn^rnp's Wnisr 



-lEATHER and FURS- 



Leather Industry 
Boot and Shoe 



82 

8k 
11*5 
277 



287 



288 



-PABRICATING- 



Steel Casting 
Fabricated Metal Products 
Furniture Manufacturing 
Gray Iron Foundry 

-Or^PHIC ARTS 



Graphic Arts 

A. Relief Print 

B. Lithographic 

C. Tr^de MTr, 

D. Gravure Intaglio^ 

E. Steel & Copper Plate 

, F. Securities Bank Note 
Daily Newspaper Publishing 



t > c r r ^ c u c c :• r A T I c 



EX£:iJT1VES J 
SUPERVISORS 



1 



PPCFE'SIONAl S 
TECH.ilCSl . 



CIT- 
SSLES 



PEPAir »;.D iiAlr. 






'36 



$35 



*55-*?o 



155 



!35 
35 
35 



I35 



*35 

35 
35 
35 



t35 



«35 



$55 



|35 
|55 
|55 
I35 



J35 

*35 
B 
B 
B 
B 
B 
B 
B 

t35-J25 

B 
B 
B 
B 

«35-«30 

|35 
I35 



435 



$35 



hS 



1*5-0 
Uo-8 



kk-13 



1*0 



1*2-52 

1*2-52 



1*0 -u 



l*J*-tJ 

u 

lti*-u 



u 

u 
l*l*-o 



1*0-'J 



D 

56i-l0 
u 



1*0-52 



1*8 



1*0 



-« 



t'l-ia 



1*0 



56-8 



1*5-0 

1*5 -u 

u 



56-u 



56 -u 

u 

u 

u 

u 

n 

u 

u 

56-u 
56-u 
56-u 
56-u 

56-u 
56-u 
56-n 
56-u 
56-n 



Ui-u 
u 
u 



n 

56-n 
l*l*-u 

u 



1*0-8 
1*5-8 



1*1* 



1*2-2 



1*0-52 



1*8-2 



1*8-13 
B 
B 
B 
B 
B 



56 
56 



1*8-10 



U5-D 
1*0-8 



l*5-u 



l*8-u 

B 
B 
B 
B 
B 
B 
B 
B 
B 
B 
B 
B 

l*l*-9 

iti*-e.8 

l*l*-u 



u 
l*l*-u 

D 



1*0 



1*2-1* 



1*0-52 



1*9.5-8.8 



9.6 

9.6 
1*8-9.6 

9-6 . 
1*8-9.6 
lt8-9.6 



ia*-26 



1*8-15 
B 
B 
B 
B 
B 



liO-8 



M* 



9.6 

9-6 

1*8-9*6 

9.6 

U8-9.6 

1*8-9.6 



ir 



«1 



l*8-n 



!*5-u 
l*5-u 



ltl*-u 

u 

l*]*-u 



u 

u-u 
lil*-o 



I4.0-0 



1*1*-13 



1*0-52 



l*8-u 



■n 



%- 



Vt 



1*0 



1*8-10 



k5-u 
1*0-8 



l*5-n 



1*8-0 

B 

B 
B 
B 
B 
B 
B 
B 
B 
B 
B 
B 

lti*-9 
l,J*-8.8 

1*1*-D 



l*l*-u 
u 

1*1*-D 



u 
u-u 
14*-u 



1*9.5-85 
u 



1*2-1* 



1*0-52 



kk-2& 



1*0 



SHIPPING AND STOCK 



I4.8-U I lA-15 



1*8-10 



I48-U 

B 
B 
B 
B 
B 
B 
B 
B 
B 
B 
B 
B 
1*8-U 
1*8-U 

l*8-n 
l*8-n 



1*0 -U 



1*0- 



1*8-13 

B 
B 
B 
B 
B 



1*1* 



9.6 

9.6 

1+8-9.6 

9.6 
1*8-9.6 
1*8-9.6 



1*2-1* 



1*0-52 



1*8-13 
B 
B 
B 
B 
B 



9.6 

9.6 
1*8-9.6 

9.6 
1*8-9.6 
1*8-9.6 



!*5-D 
1*0-8 



PORTEPS »H0 J«!IITORS 



U 

l*l*-u 
u 



1*9.5-8.8 



1*8-D 



Uk'H 



l*l*-8 



ltD-52 



I4D-15 



l*l*-26 



14*-13 

B 
B 
B 
B 
B 



8.8 

8.8 
10^-8.8 

8.8 
l4]i-8.8 
SjI-8.8 



W*-u 



W+-U 




1*8-15 

B 
B 
B 
B 
B 



9.6 
9.6 

1*8-9.6 
9.6 

1*8-9.6 
U8-9.6 



T A B L E I 2 
HOURS PROVISIONS IN THE MAJOR CODES 



EXCEPTED OCCUPSTIC:. S 



EXECUTIVES S 
SUPERVISORS 



NAME OF CODE 



22 



PROFESSIONAL i 
TECHKIC4L 



CUT- 
SIDE^ 

aiES 

MEN 



25 



REPAIR 4K0 tlAIMTr|;AKCE 



26 



27 



28 



WATCHMEN 



29 



FIRE.VEN 



32 



oo. 



33 



ELECTRICUNS 



35 






35 



OQ. 






1? 



«) 



DELIVERY 



in 



CXIQC 
OQ. 



ujljj 



SHIPPING AHO STOCK 



•IS 



>I6 



PORTERS AND JANITORS 






•4—1 



Its 



2JA 



-OONSTRUCTIO)!. 



D 



Con»truotlon Industry 

A. Oen'l Contractors 
A/Sl-Elghway Contractors 
A/S2-H6ttvy Con.S: R.R.Con.Ind 

B. Painting, Paperhanglng, et^TJ 

C. Elevator ICanufacturlng 

D. Csmant Otin Contractors 
Tils Contracting 
Electrical Contracting 
Hason Contractors 
Roofing & Sheet Metal Conti 
Pluiiblng Contracting 
Resilient Flooring Contr 
Wood Floor Contracting 
Insulation Contractors 
Kalameln Industry 

N. Plastering S: Lathing Contr. 

0. Terrazzo & Mosaic Contr. 

P. Heating, Piping, etc. 

Q. Marble Contracting 
Building Granite 
Construction News Service 
Stone Setting Contractors 
Cork Insulation Contractors 



E. 
P. 
0. 
H. 
I. 
J. 
E. 
L. 
M. 



R. 
S. 
T. 
D. 



-TRANSPORTATION 

28 Tranjlt 

66 Hot or Bus 

278 Trucking 

599 Hnu aa'hBld Qooda St or.fc MQalflg. 



55 

J5 
'55 
35 
55 
135 

155 
35 
35 
35 
35 
55 
55 
35 
55 
55 
55 
55 
55 
35 
55 



|55 
»55 

155 
*55 



f55 
♦55 
J35 


- 


u 


u 




u 


. 


n 



u 

n 
56-n 
56-n 
56-u 

56-n 
56-n 
56-u 
48-U 
56-D 
56-u 
56-n 
V 

56-n 
56-u 
56-u 

D 
56-U 
56-U 
56-12 

56-U 
56-U 



k2-Z 



l|S-8 



148-10' 



ltO-15 



1;8-10 



Ii8-U 

Uo-u 



1^0-15 



1;8-10 



1;0-13 



^ 



*55 

f50-f55 
*30-l5> 



ii8-u 

i^e-u 



ko-k 



-PIHAHCE- 



U 
56-U 
56-U 
56-U 



u 
56-u 



1*7 



LMS 
LP-B 

196 
201 



550 



35 

P 
60 



121 

1S2 
280 
282 
51*0 

5U5 



U7U 



121* 
51*6 



Bankers 

-AHOSEMENTS- 



$55 



Motion Picture Industry 

A. Production 

B. Distribution 

C. Exhibition 

Bowling & Billiard Oper. Trade 



t55 
|55 

155 



*55 



1*0 -U 



I4O-U 



-SERVICE TRADES 

101 Cleaning i Dyeing Trade 

281 Laundry Trade • 

297 Advertising Distributing Trade 

562 Photographic & Photo Finishing 

592 Real Estate Brokerage Industry 

398 Barhar Shop Trade 



-WHOLESALE TRADES 

Alcoholic Beverage Wholesaling 
Wholesale Fruit 8c Vegetable 
Wholesale Food & Orocery Trade 
Wholesale or Distributing Trade 
J. Purrlor's Svipplies Trade 
K, Wholesaling 4 Distributing 
S. CharcoaliPkg.Fuel Dlstr. 
U. Copper, Brass, Bronze, etc. 
Scrap Iron and Waste 



-RETAIL TRADE- 



Retall Lumber, etc. 
Builders' Supplies Trade 
Motor Vehicle Retailing Trade 
Retail Trade 

Store Hours 52 to 56 
56 to 63 

. — ^ 65 or more 

Retail Drug only 8^ or more 
Hotel Industry 
Motor Vehicle Storage 
Retail Pood and Orocery Trade 
Retail Solid Fuel Industry 
Restaurant Industry 
Retail Heat 

Retail Eosher Heat 
Hotor Vehicle Haintsnance Trade 



150 

b° 

155 
|35 
I55 
b5 



'35 

•55 

»50-*55 
155 
f35 
|55 
I55 
*35 



#35 
#35 
$30 

*22.50 

to 
«55 

#aitote5 

f25-ir55 
#55^ 
:25-|55 
;iq-};0 

f58 
*55 



-TERRITORIAL- 



Reedle Work in Puerto Rleo 



tl2 



It8-u 
l4fl-n 



1(8 -u 
1*8 -u 



52 



#55 



*50-$55 



|55 
I55 



u 
u 

u 

u 

56-u 
a-u 



1+8-8 

lt3-8 
1*8 



56-u 
56-u 
56-n 
56-n 

56-n 

56-n 

5l*-9 

u 



51* 
51* 



u 
u 
n 

56-n 

B 
B 
B 

n 

u 
56-n 

n 

n 

56-n 
56-u 
56-12 



W*-n 



36-u 



56-n 



1*8-U 
k-B-V 



l*o-u 



14S-U 
u 



!;8-U 

52 -U 



B 

B 

56-n 

L8-n 



m 



1*I*-D 



¥ 



1*8 

U8-0 

B 

1+8-8 

1+8 



Itl* 



1+8-8 



1*8 



l+t+.u 



T A D L E I 2 
HUURS PRGVIStCNS IN THE fvAJCR CCOES 













GENE 


R A L 


P R V 


1 S I N 


S 








E X C E 


P T E D 


PERI 


D 3 




-1 




.u 


1 


= 










• 














— 






1 


























MISCELLANEOUS 


HOURS CLAUSES 


o 

3 

u. 
O 

cr 
(□ 


NAME OF CODE 
2 


ct: 
K — 

c, c 
3 


BASIC 


EMPLOYEES 




rVEPTU.E 




CFFICE AKO 
CLEI'ICAL 


p:ak f TOLEr-^ 

TAGiC Ef.PLOVE 


^k' 


^^^A^ 


iCY 
PS 


CTHEF EI-ERCEitCY f 


,0. 

>0 


1 


.xJ 
Li 

y. 

L-O 

— «I 

UJtJ 

51 


0. 

>- 
X 

5 
1 


■3 
0- 






T-. >■ 

3.0 -; 

4 


> 

c 


> ic 

a CO. 

ijUtJ-' 


lul 

en 



7 






a: 

», 

8 


I ^ H 

Ci. k. 

a 




IC 


«_■ 

00 

>.LJJ 

II 


£-1 

(jjy — 
12 


B 


I— 

Ml 




UJ 

(/? 

UJ 
UJ 



16 




3. 

S 


CtO 

<t OliJ 
CC Q. 

^ UJ 
1— liJO_ 

or. criUJ 
UJ 3:*-' 

13 '9' 
"T T" 


f 

UJ 

i I 

20 


U 2. 

00 CO C/, 

— K t_ 

V^ LU UJ 

u t— a >-t_i 
— -> .-_uj 

2 S3 51 55 
1 — ~\ — ^ 


ice 


t/tUJ 

vZ 

56 


<: 

t— lJ 

— u. 
0— 

O-O 

S7 


Q 

— t- 
1- <- 
<:r». 
r-j — 
— c. 

h-U 

58 


S9 


UJ 

F- 

60 


Oiij 


</}UJ 

oci 
3:0 

fl 


UJ 

62 




-J 
u. 

</^ 

B3 


h- 

UJ 

1- K 

00 u. 

CJW — 

1 Q 

uj:>- 

ttlO X 

t— cc UJ 
too. to 

6M 65 


>- 


si 

u. 

■0 

•^% 

f:6 




21(4 


— CONSTRtJCTION — 

Construction Industry 


2J;00 


UO-8 
B 


- 


- 


- 


- 


- 


u 

B 


1+0-U 

B 


- 


- 


- 


B 


- 


1+8-D 
B 




- 


- 


1 

1 


- 




- X 


. 


X 


_ 


X 


. 






■^^ * 










A. Oen'l Contractors 
A/Sl-Highway Contractors 
A/S2-Heavy Con.fc R.R.Con.Ind. 




B 
B 


- 


- 


- 


- 


- 


B 
B 

B 


B 
B 


- 


- 


- 


B 
B 
B 


- 


B 
B 
B 


- 


- 


2 " 

2 

2 


X - 

X 

7 - 


X - 
X - 
X - 


- 


- 


- 


_ 


- 


- 


- 


_ 


- 


- 






B. Painting, Paperhanglng, etd 


B 


(, 








1 1/2 
1 1/2 
1 1/2 


B 


B 




_ 


_ 


B 


* 


B 


^ 


_ 


1 




IC 








~ 


~ 


" 


* 


" 


" 


- 


- 






C. Elevator Manufacturing 1 




B 


5 








B 


B 




_ 


_ 


B 


* 


B 








1 




t 








'■ 


" 


~ 


~ 


~ 


" 


- 


- 






D. Csmant Oun Contractors 




B 








B 


B 


_ 


_ 


_ 


B 


« 


B 


_ 


^ 


_ 


1 


X 1- 1 








~ 


~ 


~ 


"■ 


■ 


" 


- 


X 






E. Tils Contracting 
















B 


B 






_ 


B 




B 


_ 


^ 


_ 


1 




i- _ 












* 


~ 


~ 


~ 


" 


- 






P. Eleetrlcsl Contracting 




3 












B 


B 






_ 


B 


_ 


B 


_ 


_ 


_ 


1 






X - " 






■ 


"" 


~ 


~ 


■ 


~ 


• 


- 






G. Mason Contractors . 
H. Roofing & Sh99t Metal Contij 




B 
B 


- 


- 


- 


- 


i'1/2 


B 
B 


B 
B 


- 


- 


- 




1+0-8 


B 
B 


l+ols 


- 


- 


5 

1 


- 


- - 


X - 


- 


- 


- 


- 


- 


- 


- 


- 


- ■ - 


- ' 






I. Plumbing Contracting 


B 


6 








1 1/2 


B 


B 


. 


^ 


_ 


1+0-8 


B 




_ 


_ 


1 


X - 


X 






X 

X 








" 


* 


" " 


" 






J. Realllant Flooring Contr. 
K. Wood Floor Contracting 


B 
B 


6 


- 


- 


- 


1 1/2 
1 1/2 

1 1/2 


B 
B 


B 
B 


- 


- 


- 


B 
B > 


♦ 
t 


B 
B 


- 


- 


- 


1 
1 


X 


X - 


- 


- 


- 


- 


- 


- 


- 


- 


- 






L. Insulation Contractors 




B 


. 


. 


^ 


_ 


3 


B 


_ 


_ 


_ 


B " 


1+0-8 


E 


_ 


. 


_ 


1 


_ 


_^- 


r 










" 


- 


~ 


~ 


/ 


* 






M. Kalameln Industry , 
N. Plastering & Lathing Contr^ 
0. Terrazio & Mosaic Contr. 
P. Heating, Piping, etc. 
Q. Marble Contracting 
R, Building Granite 




B 
B 
B 
B 
l;8-8 


6 
5 

J 

6 


1+0-15 


- 


- 


1 1/2 
1 1/2 

ri/2 

1 lA 


3 

l(.0-8 
B 
B 
B 
B 


B 

B 
B 
B 


- 


- 


- 


B 
B 
B 
B 
B 


50-8 
1(0-8 

1+8-8 


B 
B 
B 
'B 
B 


- 


- 


- 


1 
1 

1 

2 
2 
2 


1 lA 


X - X - 
X - X - 
- - X - 
X - X - 
X - X - 


- 


- 


X 
X 


- 


-V 


- 


- 


- 


X 


- 






S. Construction Hows Service 
T. Stone Setting Contractors 
U. Cork Insulation Contractors 




B 
B 


6 


- 


- 


- 


ri/2 


B 
B 


B 
B 


- 


- 


- 


B 
B 


♦ 


B 
B 


- 


- 


,- 


1 

1 


- 


X 


X - 

X 


- 


■ 


" 


" 


- 


- 


- 


- 


- 


- 




28 

66 

278 

_399 


— TRAMSPOHTATION 

Transit 

Motor Bus 

Trucking 

HmiaaTiold Goods Stor.& Moiliut 


261+ 

85 

1,200 

-ISP 


T 

H.8-0 
U8^8 


1 




1+8 
8 


U 

IjS-u 


i"i/3 

J 1/5 


1(.0-U 

U 
liO-U 
_ 1(0-0 


1+0-1+ 


13-1 

I-I 

. lt-2 


5I+-U ■ 
u 
u 


48-8 


U 
U 

U 


♦ 


U 



" 


- 


«> 
V 


2 

5 

1+ 

1 


1 1/3 
1 1/3 


X 

X 

X - 

X ^ 


X X 
- X 


- 


X 


_ 


_ 


X 


; 


- 


- 


- 


- 


























1^7 


— P IN ANCE 1 

Bankers 


',00 


TJ 


- 


1+0-13 




- 




- 


- 


16-1 


1+8-0 


- 


- 


- 


n 


- 


- 


- 


2 








X 


X 




















121+ 


Motion Picture Industry 
A. Production 


279 


l;0-TI 
l;0-n 

lio-u 

52-9 










1 1/2 


1(.0-TJ 










tf 


a 


n 


. 


. 


































B. Distribution 




- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 




* 


" 


- 
































5^6 


C. Exhibition 
Bowling & Billiard Oper. T.*ado 


160 


'-^ 


- 


- 




- 


1(0-8 


- , 


- 


- 


- 


- 


- 




- 


- 


- 


1 5 


- 


1- _ 
X - 


- - 


- 


- 


- 


" 




; 


- 


- 


X 


- 




101 
281 
297 


—SERVICE TRADES 

Cleaning & Dye'ng Trade 

Laundry Tradp 

Advertising Distrlbuti.ig Trade 


no 

253 
100 


4n-r 
),8-8 


6 
6 

6 
6 
6 


1+0-26 

1+0-26 


- 


-■ 


11/3 
1 1/3 


1+8-U 
U8-0 

a 


>\»,.>\ 


9-2 

6-1+ 


is 


- 


V 

u 


t 


1 
l(8-n 


8 


1/ 

1.' 


- 




1 




X X 






X 




















=(62 


Photographic k Photo Finishing 


bb 


10-8 
kB-n 


- 


Uo-a 


1+8-n 


1 1/3 
1 1/3 


- 


- 


n 


1+0 


- 


- 


- 


~ 


~ 


- 


- 


1 


- 


X X 


X - 


. 


X 


_ 


_ 


_ 


. 












592 


Real Estate Brokerage Industry 


/o 


- 


- 


- 


- 


- 


- 


- 


- 


" 


■ 


" 


- 


1 


- 


- 


^ - 


- 




_ 


_ 


X 


X 


X 


_ 








=598 


Barber Shop Trade 




- 


- 


- 


~ 


- 


- 


- 


- 


- 


- 


- 


~ 


" 


~ 


- 


2 


1 1/5 


X - 


X - 


- 


. 


. 


. 








^ 


_ 












- 


































2 
1 


- 


X 

X - 


X X 


X 


X 


X 


*" 


X 


X 


X 


- 


•^^ 


- - 




LP.15 
LP-B 


—WHOLESALE TRADES 

Alcoholic Beverage Whcleaaling 
Wholesale Prult & Vsgatable 


60 

93 


1+0-8 
{+8-9 


6 
6 


1(8-1+ 


- 


- 


1 1/3 
1 1/5 


1+1+-8 


- 


3-1 


©•12 


1+0-8 


n 


1+0-8 


\f 


f 


- 


- 




























': 






196 


t.^iolesale Food & Jrot ery Trade 


113 
1^60 


liO-8 
1+0-8 


> 6 




- 


- 


\ ^'? 


- 


- 


5/2-2 


52-10 


kh-S 


- 


- 


- 


- 


1. 


- 


- 


. 


X 


. . 


y 






















201 


Wholesale or Distrlb-itlng Trade 


6 


- 


1+0-8 


u-u 


1 1/3 
1 1/2 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1 


1 1/3 


X 


. 




_ 


_ 


_ 


X 


X 


X 












J. Furrier's Suppl.es Trade 




5 


- 


1+0-8 


1+1+-U 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1 


1 1/2 


X 


_ _ 


_ 


^ 






Y 
















K. Wholesaling & Distributing 
S. Charooal&Pkg.Puel Distr. 




Uo-n 


1 


: 


1(0-8 


tJ-U 


1 1/5 
1 1/2 


: 


_ 


12-1 
31-1 


i+a-D 

48 -U 


1+0 
H6 


n 


t 


- 


■- 


: 


: 


1 


11/5 


X 


- X 


- 


- 


" 


- 




X 

X 


X 
X 


- 


- 


- - 




3^0 


TJ. Copper, Brass, Broi^ze, etc. 
Scrap Iron and Waste 


:.8o 


6 


: 


liO-8 


W-u 


1 1/3 
1 1/3 


i+e 


1+0-12 


~ 


* 


- 


u 


« 


- 


: 


: 


: 


2- 

1 


1 1/3 
1 1/5 


X 

X 


X - 


X 


- 


X 


w 


- 


X 

X 


X 
X 


- 


- - . 


■ - 










































2 

- U 


1 1/5 


X 
X 


- X 




- 


X 


- 


. 


X 


X 


- 


« 


X - 




5J 


Retail Lumber, etc. 


186 


ko->< 


_ 


1 


_ 


. 


. 


1(0-U 










. 


. 


. 


. 


. 


. 


































li 


Builders' Supplies "^.-ade 


100 


Uo-B 
1+1+-U 


6 


- 


- 


- 


- 


50 -n 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 
































Motor Vehicle Retailing Trade 


1.81+3 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


1 


1 1/2 


X 


_ . 


_ 


X 


_ 


















60 


Retail Trade 




































1 


1 1/2 


X 


X 




X 


y 




















Store Hours 52 to 56 




Uo-8 


6 


- 


- 


- 


- 


- 


- 


5/2-2 


1+8-9, 


- 


- 


- 


- 


- 


- 


- 


1 






X 


_ 






■ 


X 
















56 to ^-j 




1+5-10 


- 


- 


- 


- 


- 


- 


- 


5/2-2 


52-9i 


- 


- 


- 


- 


- 


- 


- 


































, 6} ^f more 




D 


- 


^ 


- 


- 


- 


- 


5/2-2 


56-10 


- 


- 


- 


- 


- 


- 


- 


1 


1 1/5 


X X 


X 


. 


X 


_ 


^ 


X 


X 


X 












Retail Drug only '^,. ^,,. ^opg 




56-10 


T 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- 


• 


- 


_ 






























121 


Hotel Indu'-r^ 


2V1 


?I+"^S 


- 


- 


- 


- 


- 


- 


5-2 


60-11 


- 


- 


- 


- 


-■ 


- 


- 


_ 


. 


. 


« 


_ 


_ 




















^l 


Motor V-'..\c\<i Storage 

Petal! '>■ a and Grocery Trade 


¥? 


tOi-io 
i+8-io 


6 


_ 


~ 


_ 


1I/2 


1+8-10 


14+-1+ 


5/2-2 


56-10 


^ 





1+8-10 


I. 


~ 


~ 


~ 


1 


l"l/5 


X 


- - 


- 


- 


- 


- 


- 


- 


- 


- 


- 


- - ■ 




280 


Rettil Solid Fuel Industry 


M 


1+0-8 


- 


- 


1+0-8 


U 


1 1/2 


D 


- 


35-1 


D 


1+8-8 


- 


- 


- 


- 


- 


- 


■^ 






X X 


_ 


_ 






T 














282 


Restaurant Industry 


boy 


!(»' 


' i 


- 


- 


- 


1 1/3 

1 1/2 


- 


- 


5-2* 


59.1+-U* 


,1^^* 


- 


- 


- 


- 


- 


U/CA 


1 


1 1/2 • 


X X 




_ 


_ 


_ 


_ 


X 


X 


X 






- X 




5^0 


Retail Meat 


i^i 


6 


- 


- 


- 


- 


- 


1:1 


56-u 


K2-i° 


u 


♦ 


- 


- 


- 


- 


. 


1 1/2 


X 


X X 


_ 


X 


_ 


_ 
















Retail Kosher Meat 




U8-8 


- 


- 


- 


- 


1 1/5 


- 


- 


56-u 


1+8-8 


D 


t 


- 


-- 


- 




1 


1 1/3 


X X 


- X 


_ 












X 






X 




51+5 


Motor Vehicle Maintenance Trade 


iib 


1+1+-8 


6- 


■ 


■ 


■ 


1 1/2 


l*i(-8 


~ 


" 


" 


' 


U 


kk-B 






i. 




1 1 
1 


1 1/2 
1 1/2 


X 

X - 
X X 


- X 

- X 
X X 


- 


•*■ 


X 
X 

X 


■ 


X 

X 
X 


X 
X 
X 


X 
X 
X 


" 


- 






I+7I4 


Needle Work In Puerto Rico 


100 


1+0-8 


- 


- 


- 


- 


2 


14;-0 


- 


i-i 


©■10 


1+0-8 


- 


- 


- 


- 


- 


- 






































































■ 






~ 


" 


- - X 


X 


- 


- 


- 


- 


- 


- 


- 


- 


- - 


r ^ 



_47- 
POOTNOTES TO TABLE 12 

I. SYt.'iBOLS USED 01' TEE TA3LE . 

U - Unlimited hours 

B - Supplement has same provision as the hasic code which it 

supple:'7ients 
+ - For hours in excess of maxima applicahle to emplojyees involved 
I - Indefinite 
CA - Code Authority 
3 - Administrator 
Col 4 - 16/2 means 16 hours in 2 da''s 
Col 5-12 means 12 days in 2 weeks 

2 

T',70 numhers together as 48-8 or 40-u refer first to weekly, second 
to daily houirs. 

A figure encircled, as (42) , means that the ho-ors were averaged 
or limited in some other wa:'', as by the limitation of the total numher 
of overtime hours to "be worked in a certain period. 

II. EOOTkOTBS TO PARTICULAR COLUHES . 

Column 1, Code and Supplements 

In addition to the supplements shown on the sheet, the following 
codes had the number of stipplements indicated which had the same pro- 
vision as the codes v^iich they SLipplemented (see Appendix III for name 
of the supplement.) 

11. Iron and Steel - 1 

275. Cliemical I/ianuf acturing - 3 

156. Bubber l.ianuf acturing -3.-8 divisions. 

4. Electrical Usjiuf acturing - 3 

17. Automobile - 1 

105. Automotive Parts - 10 

34-7. Machinery and Allied Products - 47 

LPS . Grain Exchange - 1 

1. Cotton Textile - 1 

82. Steel Castings - 1 

84. Fabricated I.leta,ls - 52 

244. Construction - 1 

201. T-iolesaling - 19 

330. Scrap Iron - 1 

60. Retail Trade - 3 

Colujiin 3, Daily i/iaximum Hours - Basic Employees 

The follov/ing codes allo?;ed one extra, hour one day each week which 
had to be included in the weekly raaximum: 

121. Hotel 

201. Taolesaling 

196. 'iTholesale Pood and Grocery 

60. Retail Trade 

182. Retail Pood ajid Grocery 

9803 



-48- 

ColiiiTin 6, Avera^.e leeLzly Hours fjil "Jselcs Averaged - 
Basic 3m;ployee3 

See Table 17 for details of averat,in^, ;orGvisi:n in major codes. 

Column 7 , General Overtir.ie - Overtime Base 

See Table 3i for details cf ■;;enei-al cvertime ""irovisicns in main 



order. 



Column 12 - Pealc Period - Weeks Excepted and 'lumber 
of Times a Year 

Tlie peal: period was tv70 vreeks in the first six months ejid three 
weeks in the second six months for: 

196. '.Thole sale Tcod and Grocery ■ ■• 

60 . Petail Trade . • 

132. Ptetail Food end Grocery 

508. Fishery Any divisional code might, with tlie approval of the 
President, prescribe certain periods such as Lent or the Jewish holidays 
or other emergencies in whici: sched-oles miglit differ. 

Supplement 8 - Hew England Sardine Cannin,:; . Female processing 
employees during the preserving season might work 4d hours per 
week, 8 hours per day. 

121. Eotel ) 

232. Restaurant ) One period of 6 weeks for establishments open for 

business not more than six months in the year. 

See also Table 28 for more detailed sjialysis cf peaJc period pro- 
visions in major code. 

Coluimi 17, i.Iciximuj-a Hours - Emergency Periods 

308. Su:yolement G. ITev; England Sardine Canning . Female employees 
during special emergencies migiit v/ork 10 hours per day. Time and one- 
third was to be paid for hours in excess of raa,xima applicable to eu>- 
ployees involved. 

See also Table 33 for more detailed analysis cf Emergency pro- 
visions in major codes. 

Column 19, l^umber of Other Periods 

See Table 29 for ajialysis of other peek periods in the major 
codes. 

Column 51, Overtime Hate for Excepted Occupa.tions 

287. Graphic Arte - Lithograihic Printing . Time and one-half for first 
3 hours, double time thereafter. 



9303 



-49- 

Coliomn 32, iiaxirauiii Days 'iJeekly - Excepted Occupa.tions 

The following codes prescribed six days a. Y;eek for all excepting 
stated employee s: 

208. Siip'olement 8 - ¥,ev England Sardine - Except watclimen and em- 
ployees on Doat loading herring. 

445. Balcinr; - Except for office employees, executives, sjid, professional 
employees. 

446 . Canninf.; - Except executives and supervisors, chemists and other 
teclmical employees, watchmen and employees necessary for handling 
perishahles during packing season. 

459. Bottled Soft Drinlc - Except executives, sux^ervisors and technical 
employees. 

467. Cigar - Except watchmen. 

L? 15. Al-Coholic Beverafce '.Tiiolesede - Except executives, supervisors 
and teclmical employees receiving :|i35.00, and watchmen. 

LP 18. 'Juolesale Erait - Except watchmen. 

283. Restaurant - Except exectitives mIio could work 7 da,ys during 
emergencies. 

545. Llotor Vehicle iiaintencJice - Except executives and employees on 
emergency repedrs. 

ether miscellaneous limitations were as follov/s: 

547. Machinery and Allied Products . Six da.ys a week for firemen and 
cleaners; the code stated "recognizing the principle of one day' s rest 
in seven." 

3 08. Supplement 5 - California Sardine Processing. l\To employees were 
permitted to work in excess of 12 days in any 14 day period except 
watchmen. 

Supplement 12 - Northwestern and Alaska Fish and Shellfish . 
Pickers and packers of shrimp and crah meat - 6 days per week. 

287. Gra'liic Arts - Helief Printing . Outside delivery, sliipping crews, 
porters, library binding employees, washup crews, material handlers, 
et cetera, 6 days in one week. 

244-A-3ujdi vision 1 ^ highway Contrg.ctors. Job and field clerks and 
camp service employees, 6 ds.ys per v/eek. 

Subdivision 2 - heavy Construction and 3ailroad Constractors . 

Job and field clerks and camp service employees, 6 days per week. 

Su'O'olement 3 - Elevator lianufacturing . Firemen, 6 days. 

Su'oplement 4 - Air Applied Concrete . Clerical employees 5, days 

per weeliL. 



930:; 



-50- 

3')lx''-inn 5.3 (ccntinued; 

599. Zouse'.old Crocds Stora.^;e onO. iiovin:^. Leal liaiilers, 6 days per 
weel:; lon^- distance -r.uler?, 12 days in 2 ueehs. 

196. jlxolesaJe 7ccl and C-rocery . 3::ecutives, outside sales, and outside 
ccllectors, 6 days per wee):. 

&0. ~etail Trade . Tlie "all others" group, 6 d3,ys per .v.eel:. 

131. Hotel Industry . All employees, 5 days exCi^pt executives .nay v/crk 
5 full norrjal days and 2 lialf normal days per v/eek. ( jee Aiainistrative 
Order 121-13).' 

i.lem'bers deriving 30 percent or more oi" income clurin;^ .-my conseciitive 
3 mcntl:s period raa;^ work employees, during sucl'i 3 mnntli period, 3 full 
normal work days and 2 half normal work days. Time "nd one-tenth to 
be paid for work on 7th day. 

13?. ?.etail jood and G-rocery . Executives and outside sales, 6 days 
per v/eelc. 

Oolx'^^iin 53, ITumher Limitation - Jm-/ G-roup 

g. LiTigJer. Tlae nuinoer cf watcIiJTien, firemen, repa.ir cvevis, et cetera, 
was limited to 10 percent of th.e emjployees. 

33. Underv;ee-r . Cleaners, outside workers and privileged employees 
combined, 3 percent of total employees. 

338. Daily "-^ev/s,3a"oer ?i.xulia".:.in.-; . Drivers, representa.tives, and cir- 
culation men, 10 percent of emplo.3'"ees. 

23. Transit. Jajiitors, watchmen, crossing flagmen, gatemen ajid 
pensioned employees, 5 percent of ■ total employees.. 

66. hotcr ZjUs. "Tatchmen and janitors, 5 percent of the employees of 
any passenger motor carrier. • 

35. . Hetail Lumoer ) 



) Cnly 1 orpjich m^-rji.ager to each "branch yard. 
230. ■ Retail Solid Fuel ) 

232 . He s tauran t ) Employees v/orking uiirestricted hours limited to 1 
60. Retail Trade ) in 5 for first 20, 1 in Q p:o:'Ve 20. 

3 '3. ..ht"r Vehicle liaintenajice Trade , hot more fciaji 2 employees "on 
call". 



9-30 S 



51 

APPENDIX UTR —HOURS PROVISIONS OF COCESWITH BASIC HOURS ONTlER ho 



BASIC HOORSOVERTlMEFEHtC PERI 01 EME K CE «<;■< EXCEPTED 



EiXCEPTED 



CODE 



So 






V $ t a J! S31i; 



• M w 



IJ 



0. " i I 

i 2: ■' -^ <- a ji "■ 

X . o. o J t £. o. o ui o. o 



5 
* S 

5 * * 



OCCUPBTIOMS 

!( 2 « s 

rf ™ re " 

£ 






£ i 



— tu — , wuQy 



MON-nerHLLic 

11^ S+r-ucf-ural Claa ^?-? 3t-3fc 

530 Bif-um.Kous Road Ms-t^nal 3S.- ? S 

535. Window Glass 

5HI Fla+ Glass 

liS-Refract-on'es. U.- i 3t-t 

FUEL 

It Bituminous Coal 35-n 5" 

10 PelToleun.-P'-oJuc+iOB Div. *40-y' 31-'- 



I A 3 t .S fc T 8 "l.io II !>. 13 If /r ifc n IS 19 ian TJn- xt.t3 3.io.vi ■xi-iSi.ji.uAxitn^.'iSfx^vt 
. .- . - „ X a tlx V X u, rfi V i^* to 



5 II . w. O 



Bt Hi 
® 



CHE.M1CRLS 
SOoPefineJ Fis^ Oil 

PHPt^ 
210 En v'elope 

Rubber 

CTl Rubber Tire 

Eaui PtnENT 
SX Fire E^tifiju ish ihq Rppl- 
aS-Oil Burner 
131 Pipe Hippie. 
IS Cast Iron Sail fl'pc 



3(.-S 5 

35-1 '^'Wi'/a 

•4J.- 2 3t-»3<.®l73 



X u. 

J- 1 t5.1'/3^ I U-i'/s V 
X LL I'k V 



"-/i^® "7& 5t 



•t 
3 
9. X 



°Tt:"'"^^^/iVa.'Ya. 



'^A"^'^ a. 



*% ■HJ tx IX 



Ho-S 
HO-U. 
35 -g- 

ri-uL 



35^13 

31-%.^ U-l® 



(■ii Cast Iron Pressure Pipe. St- u 5 

t Electrical Mfg 3t-ui 

3M Laonjry M3chii.erjj 3t-f 3t-Xt 

ii.% Print fToiitr 3S--n 5 

\o? Motor f^iro Hpparatuv ff-U. (.3(<,-l3 

X Ship Buiidir^ it-a 

KOL Scat Bujitiinj 3t-S 



FOOD 
HHfc Cannn\j 

HPPRREL 

15 rAer\'s Clothinc, 

■LUX Shoulder Pa 5 
5- Coat ani Suit 
UM Dress Mfa- 
151 Millinerij Iwtlustru 
ITI 6V oust .J SKir-l- 



I u.i;^'% 



I LL I'/sV 
I LL I'V^^ 

r LL 17 



'-i^'^-^® [j-^A @m '% 



% 



t-5,'j5r/a3fc 

X LL 

« iu iViu-r/4i'/>.*A I LL r/s.v 



X U- E?"" 



'Ml 



u. 



■*3 IL 



,54 _ 



I ®l'/lS "^ ^0 LL 

l%.@) LL Vu'lilL % *i% % 
■^ 'iO Sit 



3 X 



X 

3 A 

t X 
/ K 



^u-l u 



3i.-r 

35-n 5" 
35- U 5 
3S-T 5 

35-n $■ 



Ml. Plea+iVg, Stitckins , Etc. 35-? 5" 
■ • - 3r/i-1/»5 

3TA-i;t5 
3TMyj 5 

3t-U. 



53f Woiven's HecKwear 
II? Cotton GarfN^fiht 
loS Urvc^ergar ivKCHt 
33l„ Coi'ered Button 

LEATHER 

lii PasteJ Skot Sto<L< 3<.- X t 

it! Fur Dresiino 5r-T L. 

13t Fur Mahu .fact i/ri nj 35 -T 

FRBRICHTIMG 

ni i^ollin^ steel Door 31.-J 5" 

roi Upward Bc+ii>3 Door 34)-? 5 

»fTn Public Seatina 3U-J 5 

GRAPHIC RRTS 

551 Music PubliSKila 3S-T C 

RETRIL DIST 
HS'i Merckant Tailoring Vc-I t 

WHOLESHLE DlST 
■15« Wholesale Cbn.fethonerj iU-lU 





X (A. -"">2r^ 


(Lfo 


'fo 


%. 




*)? 




a, X 


x-x®M'% 


Division-ai , 

X U. '^'^ "•/. 


® 
'is 


® 

u. 


® © 


® 


® 
^0 


@ 

'to 


2, '^ 

1 ?s 


t-J. IL 


nil 0+K«r-s ^ 


@ 


IL 


a 






''■S-A 


X ^ 


t<l, LL I'/l 35 


U-I LLlMo"^ 

it-i '<rr/a.to 'sfi 


^J 


LL 


u. 








1 X. 


ll-Mliil'/S^l X 


LL 


-t^HS^ 


-v, 






/ 


M-:^ a fkV^i, 




10^ 


u.«Si^<.''»A 






11i 


^ A 


i^i 


LL 














'^ 


(^ 












/ X 


>(.-lxi'h'k% 


•vS 


i¥i 


LL 


^? 










o(fitt PtaK 


HH 


LL 










K 


J-'Xto 


«-i'')5' '^ 


'io 


It U. 


u. u. 


LL 




IX. 


(c 


g-5.'H0 X 


U. l'/3'*%0rt.r6„«,e,.tM •>& 


.% 


LL 












in-i-iovlxZ X 


LL r^v I iL I'lkv "-4%i.(§t® a. 


U.iVu.*4f%^Vu' 


M@l@ 


K 


S-l IS-l'/iH^ 


^-\Huvk-"'4"-/& 


-% 


a 








''^y 




1-x a, I'k'^i I 


LL I'/j.-^ "J^ 


■^ 


iL 














LL I'/o.^ "^^ 
U-l'/lV' "i^ 


1^, 


U- 

u. 


^@ 








K 


X ©I'/l'^ I 


ULi'K'^^ "yi 














' X. 


I U- 


X 31, l'/3 £ "i^ 


'iyr 








m 


^fr 


3 


Vi-J-tXI'/a 3t 


I i'<r/i'3t'v& 


"•/x 


IX. 






'ii 


It 


( 



9803 



52 

RPPENDIA M& -HOURS PROVISIONS OF C0I5E.S WITH BHSIC HOURS OW E R MO 



CODE 



BASIC HOUKSOVERTIMEPERK PERIoafMERCEMaEMlf PTE-D EXCEPTED 
^3 RERRIR ^-.PERIODS _ „ ; 



f 



ceo pRTion s ! . 



I J 3 




FUEL 

(0 PcfrolcL.™.- F.lli»3 S+atiO"3 ^8-U 

FOREST PRODUCTS 



iSflfftT^llo 



11 r!i.iii!i^ ir luTnla n m>jw«-m. 



1* )*. VI Wt«. >,5-S. VJT J,V J«jji Jt 



•HI Woocl Preservthq 



iM-IO fe 



U. l'/3 



FOOT) 

LPS S~tKttn R.cc M.lllnq Hi-i 

CPt Gram E^cl,a..j= 'iS-U. WT 

UPlI Coo-itrj Grain Elevafor U.-U 1I-/S 

LPn WUfat Flour MMiiha ^Tl-X fc ? ■'Violfe 

LPi. Con.n>erci=l BricJeV H%-i L 

■»3 Ice Jt-a Ht-SX. 

tiq Refrijera+ti WarcKousmj "(t-l (> 

30f Fi5he.r_ij U.-LL fS"-i 

LEHTHEK 

(to PurT"^appinq U- U. 

FflBRlCHTlNG 

sit RrtifiiLial Limb 45-1 t 



)I'K'%Z Uil'/ir'fc 



I U-lVj-*?* 

I U. |V3 V I3-|<%??: 

I u. I'/i V n-i St 



'VS"-A'^ (iu 



I a 



I ai'fev i u./'/3 v'Mi'^'KJ 





u 








u. 


HI, 


SL 


ts 


i» 




;i 


u. 




'H 




to 



HI At 



I lil'/l*^ 



I U. 

I U. I'h. "7 



I ai'/i*% 



TRRMSPORTHTION 

3.! Trani>i+ li-U^si-^t 

4tMot-or Bus SH-a^tS-t 13-1 5M 

li: Cm.iers.flsU<r5 ,E+c HJ- J i. „ ^ « U. I'k „ 

3.a5TracH.na ^H?- a !|S:Jl« ® I'/s I @ „„ 

311 HoussKolS Goois Stor^jff'J? - S fc i HI I'liH-x U. l'/3^» X U-l'/s 

*3i Toll Briia= tS-U'^ 

135, Merchandise WareViousi^'t?- 8 „ „ 

I4:i Do«ei-^ic F^ei^H Fw<l3 a - (0 '^ *yf-t 10 ® lli 

FIMHNCE <!=. 

15 S+ocK Eiclvaijac 

It-I Im/ssttvvent Sart<eri 

RECREBTlOrS 

3St Bowl»tj anj BilliarJs 

SERVICES 
31i SIvos RebuilJi^j 
3^f Barber SKsp 

RETBIL DiSTRia 
to Retail Trsie 



MIO Retail Rubber Tire 
111 Retail Farm E<\uip 

111 Retail Jewel roj 

5bn Surgical Dist 






I ®t:^':, \ 



^1 



10 

HO 
MO 

%/0 



® 



«-a "H-iif? 


U. I'/i 


IS-U. "W-flf 


lil'fe 


sv? '^ 




'*«-? t 




4?- (it. 




'((?-? i 


%x% 


t'4-t t 


^■^ 


tMOt 


^» 


5i-IO!^ Ifetall 


E>ruq only 


48-10 1% 


to-? U 


^f^ 


'JJ-IOI. 


a/>o 


tO-8 G. 


5-1 -"ii 


tt-1 0. 


^l 


1J-(0 C 


10-8 (. ''^ 


*t« r/i 


Sll'fc. 






'>a'«! 



"A. 



OHv«-F'»'*'i.- ^ , 






%5tl'/i 



St*t Rut(5 Rebu.l <li i\£ 

It Motor l/ekids Retail 

Wi Mo-njrV/eWvtle Mamtei«ance*|.^-I I. 

Ill Motor Vehidt Storage tM-IO 

MX Retail FooJ -j Grocer u Hi-iO (, 

W Hotel 5H-I0 (. 

Ml Rtstau rant- S'i-UI.-Male 

H?-li. (.-Female 
S'lo Retail Meat 48-101. 

441. Retail IBbacco HO -t I. 

44-1 fc 
41-10 1. 
St-lOb 









3-2.=" l'/3 54 

1-3 a l'/l''^o I U. I'll "7 

1-1 *%> 






5b 
S4 

Si 






U. Hdo St 



LL 



S4 



U-^^o U. 



a. u. 

LL St. 

a?(lsi u. 



-% 



/ X 

/ 

X 
A X 

3 )( 



3 

■¥ X 

If X 
X 

I X 



I 






I 
X ^ 

3 
I 



WHOLE SRLE DIST 
K.3 WKolesale Rutomotive 44-1 

111. Wholesale FooJ 44-'? i 

LPit Wholesale Fruit tf-l (. 4r-4 

TERR\TORlRL 
SS-o Manufactoriiv, in ktawai. 44-? (. 
55,, r n^a- J ,1 ii^_. , 

531 

RlffRttail TfaJe m Hawaii 






I S54 GrapKit Rf-+» (5 Hawaii 
1 531 BaK.lKj3lK Puerto Kvco 



Retail Food 
SS!> Re^tauran-r m Hawaii 

SSu Hut-o Sales m Haw a 
^ 960a 



44-« (. "yxu-l'/j 
44-J i,44-l5'*1i[®rfc 


I u.pl5*54 


I u. 


4S-? (. 




40-t'i ■ S-l''^ 
44-q u 5-1 'Jtr 






41-10 1. 5-l^o 




Si-IO T -t)roj 




Proviiions 


Sar^^e as 


5H-U. u -Male 




42- U t Femxie 




44-< 

1 


I U. 1 'is S7 






'-^ 



% 



U. Si 



U. 



54 
41 



U. %4t S 
a/a SO 

5^54 Sfc 
■^48 
U. 5;. 



a<l^l 



4S 48 4t 4S 



SdHJ / 



4! 



/ 
7 X 



-5o- 

FOCTiTCTES TC APPSITDIX II A - .loiii-s Previsions ci Codes v.-itL. 

IJasic Hours "Jnrlsr 40 

P0GT-ICT23 TC 1PP3EDIX II '.:> - ... iirs Provisirns zf Codes vrith 

3?.sic Ii'^urc Over '■.-O 

I GEEEHAL SYIDCLZ 

U - Unlimited liours 
I - Indefinite 

A lig'J.re encircled as Q-i) means tlir.t the liours were averaged or 
limited in some other way. See special notes. 

In Col. 2 12 means 12 days in two weelcs. 
2 

2't means 21- days in four weeks. 
4 

In Col. 7, 3/2-2 means two periods a,verai2;ing 2 l/2 weelcs; .two 
weeks could "be worked the first six :-ionths and three weeks the second 
six months of eac?i year. 

'^ overtime after "regular hours" for the particular employees. 

u/u concerned unlimited hours for employees receiving more than a 
stated salary. 



A wavy line over a fii^ure as 'M/S.B means that time and one-half 
was to he paid for overtime. A line under . the figure means time and 
cne-third. 

G- footnote, too complicated t. hs entered; see detailed notes. 

III. Special P &o tnotes: Codes with Basic Jlours Over -10 

4-81. wood Preserving. Ccl. 3 - 96 hours overtime a year was allowed 
over a work week of 40 hours out the maximum T\rithcut overtime was 44 
hours. 

LP 8. Grain Exchange, Col 4 - The overtime hase was 43 hours a week 
and an average of 44 hours over four months. 

LP 14. Couiitry Grain Elevator. Col. 21-a - Average 48 hours in 13 
weeks. 

LP 17. "J-ieat Plour Milling. Col. 16 - Average 4-2 hours in 5 2 weeks. 

66.. Uotcr Bu.v. Col. 21, 23 - Average 40 hours in 4 weeks. 

278. Trucking. Col. '3 - Average 54 hours in 2 weeks, 4-8 hours in 4 
weeks. 

Col. .8, 16 - Average 60 hours in 2 weeks. 

162. Domestic Freight Forwarding. Col. 5 - Average 4-8 liours in 6 weeks. 

9803 



-54- 

93. Stock Excli.'iii/|:e ) Col. 4 - See Grpin Er-clian^^e. 

111. Investment 3ajikers ) 

60. detail TvaCc. Col. 35a - G a-Y-iticnrJ l.ours allowed v.dtliout ovei-- 
time; Over time to "be paid oeyond tlic^e iioars. 

197. detail Far.n Enuipiuent. Col. 2oa - See P.et-.il Tr•■^de. 

142. detail Jev/elry. Ccl. 23a - See Retail Tra-le. 

544. Auto Ptebuildin^. Col. 21 - Cvertims allowed: 4 hours in 1 mont-i. 

543. Llotor Veliicle lia.intenpjice. Col. 21 - Overtime allowed, 4 hours 
in one month. 

147. liotor Ve/-icle Storage. Col. 21 - Avera^^'e 4-4- hours in 1 raonthi. 

L? 18. T/iiolesale Trait. Col. 3 - Averp^e 43 hours in 4 v;eeks. 

554. G-ra.phic Arts in Hawaii. Col. 5 Average 44 hours in 13'weeks. 

II. SPECIAL ?CCTHOTSS : Codes with Basic flours under 40. 

533. 'Jindow Glas;:. Col. 16 - Average 40 hours in 1 month. 

Col. 24 - Average 42 hours in 2 weeks. 

51-1. Flat Glass. Col. 24 - Avere,_:9 '.2 hours in 2 weeks. 

168. Refractories. Col. 21 - Average 40 licurs in ^' weelcs. 

Col. 22 - All sales. 

24. Bitirainous Coal. Col. 19 - Includes confidential persons. ' 

10. Petroleu;i. Prod. Div. Col. 21 - Average -10 -hours in 2 weeks. 

220. Envelope. Col. 21 - Average '"0 ...ours in IS weelcs. 

Col. 24 - Average -56 hours in 2 v/eeks. 

Col. 25, 26 - Average 42 hours in 4 weeks. 

Col. 27 - Aver?,ge 48 hours in 4 weelzs. 

174. Ruhoer Tire. Col. 5 - Average 36 hours in 52 weeks. 

Col. 21 - Average 4-0 hours in 4 weeks. 
Col. 24 - Average 42 hourc in 2 v/eeks. 

25. Oil Burner. Col. 8, 21 - Average 40 hours in 26 weelcs. 

192. Cast Iron Pressure Pipe. Col. 21 - Average 40 hours in 1 month, 
27 days out of , 31 . 

34. LaTindry I.iac.'dnery. Ccl. 5-72 hours overtime in 26 weeks. 

Col. 8 - Average 36 hours in 26 weeks. 
Col. 16 - Average 4-0 hours in 26 weeks. 

108. Liotor Tire Apparatus. Col. 21 - Average 40 hours in 13 weeks. 
9803 



-55- 

446. Canning' - 06l. 16 - Overtime ■\0 liours in 1 year. 

15. Hen's Clctiin^;;. All a.vevii^er: 40 ".lours in 52 v/eel:s, one shift. 

262. Siaoulder Pad. Col. 0, 16 - 25 liours overtime in 6 mont/'.s, 1 sliift. 

5. Coat i Suit. Col. 31 - Average 4-0 liours in 3 weoks, 1 sliift. 

64. Dress Watchmen - 6 days a weeic, all otlisrs 5 days. Col. 22 
includes all sales, 1 shift. 

194. Blouse C: 3:irt - All employees - 5 days a v/eelc, 1 shift. 

276. Pleatin^^- - All emploj''ees - 5 days a week. 

118. Cotton Garment. Col. 21 - Averajje 40 hours in 15 weeks. 

336. Covered Button. Col. 3 - 120 hours overtime in 1 year; all except 

Col. 22-5 days week. 

151. 'Fv.r Dressing. Col. 21, 23 - Average 4-0 hours in 4 weeks. 

477. Putlic Seating. Col. 24, 25 - Average 42 hours in 2 weeks. 

552. Music Publishing. Col. - 40 hours overtime per year. 



9303 



( 



56 



T a I s 5 6 
siorts in ine major cooes 





i 
1 


INDUSTRY COO UPS 
» tw £ OF CODE 

3 


i 

1 
1 


UINIUOJ OiTES 


SueuiNIUUu RATES 




i 


1 


S 
f 


HtU-l 




OFfiet eo's 


OLD AhC 
KUDiCtrrco 


j 




\ 


s 


ii 


Is 

2S 


s! 


1 

12 


\ 
13 


1 


si 


16 




ro 

J* 

ly 




lyi 


1G.'1'.S'.2S 

OG.<T?'vs'.» 


!ie 






i 




10 


COu7sa 


■uTao 




; 


- 






Prodl^'fii*'*""^ 
e<l.jein9us*Co>> 




G.4T/.*0 


gll;!lS: 


: 


- 




: 


: 


: 


Pi5./'i3. 


: 


; 


: 


: 




Structural Ciaj ProJuCli 


« 


^.y-b'.'' 


l-H.'l!. 


' 


- 




- 


- 


- 


- 


- 


- 


- 






!¥= 


M39,?0/.3! 


- 


" 


k; '%•'• 


- 


- 


- 


- 


- 


- 


- 


- 


1 




0«»ical uff. InSuStrj 


'S 


G29.*0/.2! 


6lf./M. 




- 


- 


".■yi 




26 






.0, 


5 


- 




Paper ana Pulp 


I2S 


G3.10/.J2 


Glf./H. 


- 


G.3''/.W 






- 


- 




- 


>=, 


■' 






RuSter Ufa. InouStrj 
RuBSrr Tire uf^. 


T? 


3 :i^'.l5 


PI5./13. 






t 






% 


pi2.'/o:« 


\ 


:g 


; 


: 




If? 


Snip&uiidind and SAip Repairing 
Electrical Canufectur mj 

A„taM»ile uaitufacturlng 
uachlnerj, ana iliieo Products 


M 

3 


G29:aO/; 32*26 




: 


G29.3?/.2a- 
P.3P/.»* 


t 


eoi 

IS, 

.2* 




13 


13T 

1-3. 


'•> 


t 


5 


: 




SO? 

s 


Grain Eicnaniei 
tee Inaustrj 
Fisnerj Industr, 

C California Sarjine 
0, atlantic Uackeral 

". h<> EnjIa.iJ Sarjlr.e 

<! Soa"B"> 

|*J^ni"'^auilrj 

Bo™leS sSft'^mn 
Cjar uanufacturina 


200 

'II 

9! 


P.»50'.2-'3 
^e,|S/.25^ 

slw/.ii' 

8.SE/.1I 
D.FI/.fO 


PI8./"lC. 

pie./i". 


i 


.3! o7 1*. 

D9.?25'.20 


1 


Pin. /IF. 


T! 


2^ 

2 


Sit: ill: 

PM./13. 


\ 


j 


: 


T 




Cottoo TaitHa 
»oo> Tctile 
Silk Textile 


1^1 


G. 325'. JO 
G.T-/.32? 
G.I?s/.'0 


GIT.'IJ. 


1 


: 


t 


BM 


: 


« 




- : 


.30 


7 


■3 




■I 


3rass uanuf actid" in. 
Cotton Sarw-nt 


IJC 

'7^ 


G.S^I/.;3! 
[lG.<0/.30 


GK./I". 
Gl!./ir- 

GI3./I2. 


•i 




L 
L 


■■IW 

.30 

.20 


9 

10 


8 




": 


'55 

TOS 


•i 

10 


1- 




II 


eSSl Md ShSriiouslrj 


'l 


G.a0/.?2? 


: 




....*iSo 


t 


5W 


5 


6 


: 


: 


5 


5 


-_ 






Steel Casting 

furniture uanuf acturir.g 
Graj Iron founor/ 


90 


G. iO/ . 2? 
Gr9.iO/.2B 


P1!!/M./l 


: 


Gr9.?5'.3* 


[ 


eo« 


5 


,S 


PI?!/! 

PI2./II.2C 


-; 


IS 
.5-. 


! 


r 




j'7 

2ep 
21a 

5» 


Grapnic arts 

*. Reiiat Printing 
B. LitHo,r«|jt,ic 
C Traoe liountinj 

Oaiij Newspaper PuSiisHing I Printing 


;S2 


25 .iO/.y. 
20 .JO/. 70 
2a .<0/.30 
29 .*0/.I0 

^ : IS/ :1a 


nil 


\ 


.!i 


■ 


30*- ■'55 

"iSi.'"*""- 

sot-i?): 

Jiilleo^nioji 
"'0? 


20 


3OB/312 

30b7;i2 

209/312 
200/712 


e 

a 

PI0.50/-'.-' 


20 
20 

IS 

10 


aw 


-: 


1 




construct i sn Industry 
A, General Contractors 
• 'Si-HigSna^ Dwiiraciors. 
»/53-H«B*j Con, 1 R.R, Con, InOuiir, 
33. Painting, Paserhanaing ate, 
C. Elevator Manufacturing 

E5.' Tile Contract. nj 

f5. electrical Contracting 

G^, utio'\ Contractors 

WS, Roofing and Sheet Uaial Cont. 

19, Pl«.ing Contractin- 
JIC. Resilient flooring Contracting 
KM, aooa Fisor Contracting 

• 1*. Plastering ano Latft-n^ Com, 
01?, Terraiio ano "osaic Cont. 
PIS. mating Piping, Air Condition. 
01'. "arna UKiiraciIng 

519. CoislIultio"iUs Service 
T20. Slor^ Setting Contractors 
IJ21. Cork insulation Contractors 


v~ 


0.10 

,40 

'.SO 

"■"■'is 

.aO 

|!0 
G.*P/^.!0 

'ao 


Pi?./i3^ 


t 




:- 


: 


: 


: 


Gt2.a0/9.'O 


: 


-X 


:' 


: 




Transit maustrj 
ustor SuS Influltr, 

Hovselrala Goods Storage 1 uoving Trade 


2« 


2?.«0/.W 
P.3ri/.25 

8.*0/.2« 
8,M/.30 


PI5./12. 

PiS-na. 

15. 


',' 


■5 


L 


°01 


; 


* 


P12./9.'!0 


I 


;. 


- : 


; 




tza 




!0O 


p.!-';/i 


- 


- 


- 


L 


?C« 


5 


25 


" 


- 


- 


- 


_ 




Moiioa Picture inauacn 

ProOuction Division 

eo-lii|'»'B?Hiwd'?eerat.nj Trade 


" 


^m. 


P30.7l2.» 


■i 


f 


: 




: 




: 




: 


: 


: 




2SI 
S9? 


Cieanli^ 1 0/e.ng Traoe 
Laundr, Trade 

(Li.ert.s.ng Oislr 11,1,1 ina Trade 
Ptotoorapaic i PHoto FioisJiiDj 
Real Estate Broaera^e ir.auurj 
e*«-ter snop Traoe 


i 

200 


B.33/.29 

clso/.r? 
pri'ij.-ls 

9.""/.2' 


i-'./'i2. e 


: 


: 


\ 


Uin.-Jl - 


10 


'id/rjcool 

*2 


12- 
PI2./9.W 


r. 


; 


: 


: 




LCIS 

LP 13 

301 

;w 

2K 


alcoholic Bavaraga Wioleuiing 

■Aolesale fresr, fruit i Vejetosle 
tBolesaia fooc i Grocerj Treoe 

»oles»ling or Olstritfui.ai Trade 
J. Furrier's Supplies Tr.oa 

C Ch«rSIl'»'fij.'f^l'Diit?. 
U. Cower, Srus. Bronie, etc. 
Scrap troo ana Msie 


93 

t90 


6.3335.25 
B. !</ . 20* 
B.-T!/-3Z 

■M' 

.<5 

G.325'.3-^ 


15. 


': 


5.2-'5/.22i 


L 


Win.-il 

«.n,-31 


20 
10 


2« 
15 

|1 


an. /to. 


E^lO 


.M 


j 


*? 




Setalr Li«>ar 
euiloers- Supplies 

S5S^i''??iSi*'^"-''"=5 "'" 

rtatel tnousir, 

letcsr vehicle Storage 

Retail food ( Grocer^ Traoe 

aetail Solid fuel ' 

Rastai^ani insi^trf 

Retail Ueat 

i*3ter felilcle Maintenance Trade 


165 
IQO 

i 

i 


3.2-^/. 23* 
e.?5*/.l5B 


sit-;,"- 

GI5./I3. 
B20.7t*. 


\ 


: 


L 


t 

Min.-tl 


10 
10 


2< 


ai!./io.fo 

Bi?.'%.«< 


-: 






1. 
-1 




'•' 




IDC 


. \x 




' 


- 


'- 


60> to ETS 




12 




- 


" 




., 



gK03 



57 



T a D I e ? F 

■o»iS-ions in ttie aajor coQes 







1 V C I, ? t J . -. ,^ , , P 5 

"*«E OF coot 


■«ES IN THE MIO.ER BBAOfETS 


SPECIM. RiGE a USES 




a 


; 
? 


s 


1 


i 


i 

I 


2 


i 

i 


i 
3 

i 


: 
if 


§ 


z: 1 


\ 


\ 


; 


1 


ii 

sis 


I I 

° 1 t 




i 

1 j 


: 5: 

III 


5 3 




aot 


USTtU-FUfOOS aatf iOf-FStSOOS 

Iron and Staal Induatr, 
e«ppar Induat'j 


K 




- 




■i 


". 


: 






! 


". 




~. 




Z 




; 








; 


: 










3* 


*«fala.« 

filling 51. Hon. 

Pro4uCinu 

Karkatloj 
91tu«ln«wa Coal 


; 


: 


: 


: 


: 


} 


I 


: 


: 


- 


5 


: 


z 


: 


: 


: 


; 


: 


: 


E 


E 


; 


: : 


z : 


E E 




II) 

2-n 




) 


- 


- 




- 


- 


- 


- 


- 


« 


» 


- 


- 


« 


- 


- 


> 


- 


- 


- 


- 


- 


- - 


- - 


- - 




Lvaear ana riaaar PrcdLKlt 


! 




« 




- 


- 


SO 


- 




< 




. 


- 




- 






> 


- 




- 






- - 


- - 




Cnaaicai ufg. inauatrj 


■ = 




- 




- 




- 




- 


' 




- 


- 




- 




' 


- 


- 




- 


- 


- - 




- - 




130 


Htptf ana Pulp 


10 


- 


- 


- 


> 


- 


- 


' 


* 


' 


■ 


- 


- 


- 


- 


• 


» 


» 


« 


- 


- 


- 


- - 


- - 


- ' 




;?? 


!:{t:; v;,'; :;',•:"' 


3 


: 


: 


: 




! 


- 




i 


! 


; 


: 




- 


-" 




: 


: 


: 


: 


: 


: 


: : 


« - 


: : 




3 
■05 

LPS 

we 

M! 

461 


SnipouMoing ana Snip Rapalrlng 
Etacl'ical uanufaet^rlng 
Auloaoi..* Part* ana Efl-lp-ant 
iwiaiji'la Uanutactwrinj, 


T 


: 


: 


;- 


': 


I 


\ 


:; 


] 


J 


\ 


E 


: 


z 


E 


I 


; 


» 


i 


: 


E 


E 


E E 


R - 


E E 




Crain CacKan^at 
Flanarj insustr, 

V. cinr5r*n'a'"ti"*na 
.'. Dly* C/M ' 

h. Sa* England Sardlna 
1. Vlaoaai Flit. 

i'. Spongaa ^ 

BiilnS*'na!atrj ""' 


i 

X 

a 
I 

3 


? 


5 
5 


] 


E 


1 


a 


K 


n 


1 


\ 


5 


X 




E 


1 


E 


1 


1 


* 


E 


E 


E E 


E E 


\ E 




) 

48 

15 
3! 

ii 

as 


Colloft TaotUa 
tool TaatHa 
Silk T.itila 


: 


• 


c 


: 


: 


: 


so 


; 


- 


t 


I 


: 


E 


' 


- 


: 


; 


5 


: 


E 


E 


: 


- - 


- - 


: 1 




uan'i ClOtnlnJ 

unaarwar ano alilaa Producia 

CoJJoVSrJSi"'^'"' 


; 


: 


\ 


: 


:" 


\ 


so 


'z 


: 


I 


i 


'- 


E 


—\ 


E 


« 


; 


' 


; 


E 


] 


- 


E E 


p" E 


E E 




Uo'Tnfl'snor'iiiJ-atrj 


■} 


; 


- 


: 


: 


' 


- 


- 


5 


' 


: 


: 




: 




: 


: 


' 


: 


= 


z 




: : 


: : 


: : 




Slaai Caatin; 
Pabrleatad tMiali 
F^rnltyra iMnvtaclurlng 
Gra/ Iron Eounor/ 


') 


; 


« 


: 


E 


I 


5S 


I 


I 


; 


5 


■E 


E 


' 


. 


; 


! 


z 


X 


E 






: z 


I E 


: : 




Graphic Vti 

c! kltDoerapnlng 

.. Maal ano Coppor Plata 
r, SacurlHaa and Bank Hot* 
Oallj nviapapar P»6ll*h1ng 1 Printing 


: 


I 




I 




': 


: 


'z 


I 


i 


:- 


: 


: 


: 


: 


: 


; 


\ 


; 


: 


:' 




\ I 


\ E 


E E 




3M 


CcnatfyCIIon insailr; 
a. Ganaral Contraclora 
a/SI-Mlgh>af Caniractort 
a/S>Maa>i ton. | ft. a. Con. lnouair> 
6, Palming, PaparhanBlng, ate. 
«. eia.ato; >Unuraci..rinS 
«. Caavnt Gun Contraetor, 

t'. Elaclrlcal Contracting 

p. waaon Contractora 

fi. Joo'lJB and Siaal Uatal Com. 

j' Raalliani rioorlng Contracting 
a. Bood Floer Contracting 

''. p'atuf ing anS'tmhlng Coni. 

0. tarraito and uoaaic Com. 

t. Haantlnp Piping, air condition. 

?: K^liTnf wlITIa'^ 

1. Co"atrwctlon N»> Sar<lca 
I. Mon« Jattlna Contractora 
i>. Cork iniuiallDn Coniraciwt 


) 


: 


: 


z 


: 


'z 


= 


\ 


; 


- 


E 


5 


: 




J 


: 


\ 


_E 


X 


1 


E 


: 


z ; 


H 


E E 




MOlo? OmI l«Oi.air^ 


'1 


; 


: 


l 


: 


; 


: 


I 


: 


; 


"; 


: 


: 


\ 


"; 


"; 


\ 


! 


": 


E 


! 


; 


: ; 




] 










eankara 


! 


> 


- 


- 


- 


- 




- 




- 




- 






- 


■ 


- 


< 


- 


- 


- 








- 




M>llof> Puura induttii 

Prodvctlon Dlilalon ^ . 

0>alrl»i.tlofl OI'lalOH 
toatlng ( ailllaro Ce*fatlr>g Tra'Ja 


1? 


5 


: 


': 


: 






: 


: 


; 


; 


E 


: 


\ 


r 


\ 


X 


E 


: 


: 


f 


r 


j :- 


i i E 


z 






Claan^ng^l Ojaina TraM 

aofartlalng Dlairl»«tlna Traoa 
Phetsg'a«hlc and Photo FlnlallBg 
Raal Tatala Brokaraga Ina^atrf 
Sarair V«p Trada 


\ 


P 





] 


: 


■ 


: 


: 




;' 


; 


No 


; 


I 




\ 


\ 


] 


~ 


: 


E 


E 


ii 


E ? E 


z 




S! 


Wolaaala 'rati frvlt t Vagataala 
a*ol*daia 'ood 1 »ocari Trada 

i'. aAolaaallng a OlatrtCuUng 
a. CKarcoai 1 Pag. »-al Olatf. 
.. Copaw, Braaa: Broma, ate. 
Ur*» iron and aaal* 


: 
1 

j 


^ 


: 


- 


': 


\ 


?0 


! 




J 


;" 


\ 


{ 


\ 


I 


\ 


\ 


E 


] 


i 


E 


I 


: ] 


E E : 


E 




»' 

i:i 


Buiiaar-a iHppilaa 

siii/S'ajssitrad. 

Ratal' tolid «.r*l 

•aataaram Intfuatr, 

•aial' xaal 

iMIor vaklela Ualntananea traaa 


j 


; 


-: 


\ 


'z 


I 


i 


! 




( 


; 


T 


:- 


\ 


E 


\ 


\ 


I 


I 


E 


E 


I 


: : 


EE ; 


: 




•'* 




J 


' 


• 


i 


~ 


' 


* 


"" 


* 


* 


~ 


" 


" 


' 


" 


" 


' 


' 


' 















gsou 



-58- 

Footnotes to tatlc 56 ~ Wage provisions 
in tiiG major codes 

S^Tntols iised in talDle - 

G - geographic differential 

D = divisional differential 

? - population differential 

'29 - 1929 differential 

B •- both geographic and population differentials 

vs - various rates 

I = indefinit ; 

L = learner 

A = apprentic 3 

X — cxeirrot 

cin. = minimtan 

= see footnotes ("by coluim niunber) 

COLUMH 6. Other IvTiniitmm Hg.tes 

FUEL 

24 - Bituminous Coal 

Inside skilled labor, G $.805 to $.542 

ITOK-IiSTAILIC MIIIEHA-L 

123 - Structural Clay Products 

Floating equipment enrployees, $15 

FOOD 

308 - Fishery 

lay or profit-sharing enrployees had no guaranteed -n. nlmum 

308B - Wholesale Lobster 

Smack and pound employees $60. and $67.50 per month 
respectively, plus subsistence. 

COLUlvM 6. Other Minimum Rates 



308L - il.W. and Alaska Fish 

Dock vrorkers in crab or shrimp in Ala.ska 50^ per hour 
or $90. a month 

gSjgriLS FABPJCS 

1 - Cotton Textile 

Bleach, Lye, and Print - G. 35/. 321- 



9803 



c 



-59- 

TEXTIL3 APPAZJIL 

15 - Men's Clothing 

Cutters G I.OO/.35 
Off-pressurs G .75/.60 

64 - ,Drcss 

I^rge geographic and occ-j:oational range - $46 to $15 
weelcly for some occ^apations and from ,85 to .50 
hourly for other occuoations 

118 - Cotton Garment 

Llanufacturing of sheep— lined -garraents - .39 Operators on 
sheep-lined gaiments - .45 Manufacturing of pants - G .3?/. 34 

GRAPHIC ARTS 

288 - Daily newspaper Publishing and Printing Pull-time salaried news 
department workers - P $25./22./l8./l5/l2.50 

CONSTRUCTION 

244P - Slectrioal Contracting Skilled electrical work - .75 per hour 

2441 - Pl-umhing - Contracting Skilled meclianics G $1.20/l.l0/l.00 

244il - Plastering and lathing Occupational 3.nd geographic ,60 to 1.70 

.,- -" .. :C-):'ti^-v- . 

PUBLIC UTILITIES 

278 - Trucking Industry 

Drivers, skilled lahor, and other helpers -B ,55/vs/.30 
Ra.te clerks or dispatchers - P $18,/l7.40/l6,80 

399 - Household Goods Storage and Moving Trade 

Drivers or helpers in long-distance m.oving - G ,45/, 35 

RBCREATION 

124 - Motion Picture Industry 

Long and complicated wage structure; for deta-ils see Codes of 
Pair Competition, Vol. Ill, pp. 225-235 

RETAIL T?u4D3 

37 - Builders' Stpplies 

Truck Drivers - .75 per hour in cities over two and one-ha.lf million 
population. In other places, basic rate of .60/.25 

540 - Retail Meat 

Employees cutting meat in retail kosher trade - P $25. /20, 



9803 



(Colxmm 6 - con't) -50- 

TERHITORIAL C0II3S 

474 - The ITeedle Work Industry in Puerto Rico 

Workers on sev.-ing machincE at homo, same as "basic rate - $5.00 

COLUImT 11. Learners 

15 - Men's Clothing 

Learners (to supplant horaev.-orkers) were allowed only during 
the first three months after homework v;as aliolished 

COLUI'.M 12. Office 3oys'. Messenpce rs ' . e tc. rate 

COITSTHUCTIOIT (Supplement only) 

244R - Building Granite 

Tool and water boys were to receive 80 of "all other" minimum. 

R3TAIL TRADE 

182 - Retail Food and Grocery * f 

Messenger and delivery boys in South v/ere to receive 20 per cent 
increase over 6/l/33; No bottom set. 

540 - Retail Meat 

Same as Ho. 182 

C0LU1'.M 16. Other Subminim-um Rates 

The other subminim-Lim rates included rates for junior employees 
in the nine codes listed below: 

9. Lumber and Timber (Wooden Raclcage Division) 

287. Graphic Arts (Relief Print) n g) 

288. Daily newspaper 
398. Barber Shop 

346. Bowling and Billiards 

196, Wholesale Food and Grocery 

201. Wholesale Trade 

60. Retail Trade 

182. Retail Food and Grocery 

For further details, sec cliaptcr XII, section IV of text 

The other subminimvjn rates listed in the column are described in 
chapter XII, section V, excepting for: 

FOOD 

446 - Canning Industry 

Agricultural employees in and around Honolulu, Hav/aii, 
male ,25; female .20 



9803 



-61- 

COLUIi'M 16 (Continued) 

TEBRITOaiAL CODES 

474 - HoedlG Work Industry in Puerto Hico Factory lia.nd sewers or 
embroiderers - $3 per vreek 
Home hand sewers or em'broiderers - $2 per week 

COLUM 17, T:n>c of Clause 

The classification used here is ex;,plained in detail in chapter 
XIV. Breifly the classification is: 

1. Wage schedules or "basing point. 

2. ifeintain weekly earnings 3.nd other significant provisions, 
for example, maintain differentials. 

3. Maintain weekly earnings without significant safeguard 
except equitaTDle adjustment. 

4. Ivjaintain veeltly earnings in part (including percentage 
increases in hourly rates). 

5. feintain differentials. 

6. Llaintain equitable differentials. 

7. Equitable adjustment, P.S.A. 

8. Equitable adjustment, no reduction in hourly rates. 

9. Equitable adjtistment. 

10. Policy statemsnt and "to extent practicable." 

11. Report only. 

12. No provision. 

COLUIv'ilT IS. Weekly earnings maintained . 

The cases marked "P" provide for Partial maintenance only. 
See chapter XIV for details. "'^^ 

COLUlvil'T i9. Differentials mg.intained . 

Equitable differentials are labelled Q,. 

COLULST 23. Salary Limit 

The amouiit belcw which differentials were to be maintained is speci- 
fied in the col-omn. The following exception is to be noted: 

84. Fabricated Metal Products - All factoiy employees and others 
getting $35 or less. 

COLUl'Ii!? 28. Deductions 

The codes checked here provided that there should be no deductions 
from wages or no invol-antary deductions for such items as insurance, or 
specified the rates wiiich could be ch3.rged for certain purposes. 



9803 



-62- 
COLUi#T 41. Homework 

P. - ProhilDitod R. - Eestrictcd 

156. Rubber luianufact-orinig: - Rainwear Division only 

4. Electrical Fanufacturing - Lampshade Division only - 

Suppleimiet B 

COLUMN 44. Other wa^c clauses 

278 - Truckinis: - ITo provisioxis to modify established practices as to 
vacations, leaves of absence, etc. 

599 - Household Goods 5tora,s:e - Same as Code 2?8 

101 - Clcaninjg: and Dyeing - No employee to be coerced into taking stock 

in company as part of wages. 

For provisions on company stores and company houses see chapter XV, 
section I. See also section V for miscellaneous wage provisions not 
described here. 



9803 



■ -63- 

A s;:8cial ;pattern was found in the codes uhose sponsors sou^'ht 
to limit production by limiting; shift hours. Cotton Textile, for in- 
stances, had a flat 40-hour week with no overtime or averaging, no 
exceptee periods bvit emergency repairs, •and an 80-hour vhelz for 
productive machinery. No elasticities were permitted which would 
interfere with the prot^ram for limitation of production. However, 

. employees ?;ho were not concei-ned with productive machinery were 
a.llowed longer hours: . Six -occupational groups were "oerraiited. 44 
hours and three groups, unlimited hours. As a niatter of fact, 
as the Cotton Textile code worked out, 'there were seasonal elastici- 
ties in that industry. Thesevvere elasticities under the code hours, 

--instead of over the. code hours; they j were secured through curtail- 
ment orders. of the Code Authority, approved' "by, the Administrator.* 
These curtailments resulted in reduction of v:eekly hours to 30 
throughout the industry for tho months of December 1933 and June to • 
August 1934. 

■ VI. SUMI.AHY "-: . - 

The details of the various lahor provisions in the major 
codes are given in the cliapters following, v/hich discuss separately 
averaging, overtime,- special -period provisions, and excepted occiipa- 
tions. ",/ 

The discussion thus far has suggested the complicated tangle 
of code ho-urs provisions Y/hich resulted from HHA code making. There 
seem to have heen many nbn-essenti.al .diversities. The problems will 
lie clearer when ea.ch -tjoe of regulation concerned has been examined 
separately in the cha-oters following. ' . :-- . 



_(*) Administrative Orders 1-23, and 1-60,- ilEA fires.: 



I 



. -64- 

CliAPTSR III ' ' 

ELASTICI'TY TinOUGH A'/EnA&IlIG PP-OVISIOilS FOR BASIC EMPLOYEES 



On out of every four codes -orovided for averaging of hours of "basic 
eraploirees. (*) In 111 codes the T7eel-d.y hours could exceed the avera,5e 
at any tine desired; in 22 codes, only during a peak period, and in five 
codes only during; "energencies. " In 29 codes, hours over the oasic ireek 
iTerO' to oe r)aid for at a penalty ra.te ; in 23 other codes, overtime was to 
oe oaid on sone other "base. It is the purpose of this chapter to exam- 
ine the details of these averaging provisions in the codes. 

I. JHS IWIUS^ 01' ITM. AVEIU.GIIiG PHOVISICIIS 

Exara'jles fro:i codes . — Averaging provisions -.-ere stated in the codes 
in vorious terns. The first code on jroved 'vith such a i^rovision ^as code 
xTo, 2, ShiiDhuilding, rdth this statement: (*=*) 

"ITo eraployee on an hour rate may \7ork in excess of 
36 hours per week "based upon a six months' period nor 
more thsji 40 hours during any one week." 

The Iron and Steel code provided: 

"Insofar as i^ractiCcahle, ,. .none of the menbers of 
the code shall cause or permit any employee to work at 
aia Siverage of more than 40 hours per week in any six 
months' period or to work more than' 48 hours or more than 
six days in any one week*" 

Ea5''on and Synthetic Yarn, with its continuous "orocesses listed a short- 
run averaging: 

"The maximuifi hours of laljor.... shall he 40 per week L 

suhject to the flexible provision that the p.verage hours 
worked per week hy any individual em-)loyee not exera;ot from 
this "orovision shall not exceed the maximusi established 
when figured over a "oeriod of four weeks," 

The Automobile code sought greater ela,sticity in this provision: 

"Before the presentation of this code the industry had 
gone far in spreading available work to relieve unemployment, 
and under this code it 'iTO-^-)Oses to s::)re£\d the work p.s far as 
practicable in its judgment, consistent with the policy of 
giving each em'oloyee a reasonoble arao\uit of work in each year. 



(*) See Chapter VI for data on averaging provisions governing office 

workers -nd Chapter VII for data on averpging provisions for other 
exceoted occupationSf 

(*) This -provision was awended later. See Cha'^ter IV, Section I. 
9803 



-65- 

"Por this purpose it is nadeia provision of this code 
that enployers shall so operate their plants that the average 
erinlojTient of all factor;;^ employees (with exceptions stated 
below) shall not exceed 35 hour per \;eelr for the iieriod from 
the effective da,te to the expiration date, (*) -nd. the hours 
of each individual ennjlpyee shsJLl so far as practicable con- 
form nith this average a-pd shall in no case exeed the same 
by more than 3 per cent. 

"In order to give to enployees 3i\ch average of 35 hours 
per Treek, it will be necessary at times to operate for sub- 
stantially longer hours, but no employee shall be employed 
far moie than sis days or 48 hours in anj'' one r?eek, rjid all 
such peaks shall be absorbed in such average." 

In later amendjaents the average hours v.-ere increased to 40 and later 
expiration dates were inserted. 

Many codes stated average hours in terms of total hours over a 
certain period. Por instance, i.Iotion Picture Labora.tory: 

"Ho employer shall tycrk an^'" employee in excess of 
eight hours in any one day or in excess of 40 hours in any 
one week, except in an emergency, and then not in_excess 
of 60 hours, end. under no circiinstances in excess of 430 
hours in a 12-week period." 

Lumber said. Timber limited its e.verrging to seasonal operations: 

"Seasonrl operations a.re defined as those which on 
account of eleva.tion or other physical conditions or de- 
pendence upon climatic factors are ordinarily limited to a 
period of 10 months or less of the calendar yepr. ■ 

"The administrative agency of a Division or Subdivi- 
sion may authorize employment in a seasona.1 opera-tioa for 
a maximum nu;aber of hours not exceeding 48, hours in ar^'' week, 
•with the exception of parts of an operation depending on 
climatic conditions, stich as stream driving and sled haixLing, 
in "hich a greater excess may be authorized; r)rovided, tha,t 
the a.verage emoloynent in any seasonal opera^tion in aaiy cal- 
endar yeB;r shall not exceed the stajidard schedule. (40 hours) 

"Manufa,cturers of wooden -pD.ckp.ges for loarishable fruits 
and vegeta.bles may be aiithorized ^oy the Administrative Agency 
of the TTooden Pa.clca,ge Division to depart from the standard 
sched'ole of maxiaram hours a"T:lica.ble to said manufa.cturers 
for a perioo. not to exceed four weeks for nny one crop, when 

(*) The effective date was September 5, 1933, and the original expira- 
tion da.te, December 31, 1935, or "the earliest date prior thereto 
on which the President shall be proclamation or the Congress shall 
^y Joint pLesolution declsjre that the emergency recognized oy Sec- 
tion 1 of the national Industrial Recovery Act has ended." 

9803 



-66- 

necessary to furnish ;oacfet^;es for anj ■oerisha.'ble crop; -Dro- 
vided tha.t the avernge enployment of pny individual in any 
calendar year shaJ.1 not exceed the standa,rd schedule," 

The Oil Burner Code had p. series of pverages: 

"Por rapjiufacturing operations, not to exceed a.n average 
of 32 hours per week during the ^^eriod January to Jime, in- 
clusive, a,ad not to exceed 40 hours during ?.ny one neek of 
tha.t period July to Deceraber, inclusive, ajid not to exceed 
48 hours during any one rreek of that i^eriod; a majicirjum ave3>- 
age of 36 hours per neek for the period of one year. 

"For the installation and servicing of oil burners , not 
to exceed an a,verage of 32 ho\irs of lahor per rreek during 
the period ilarch to August, inclusive, and not to exceed 40 
hours of labor during any one Treek of that period; not to 
exceed 48 hours of labor in any one r/eek during the period 
of September to ITovenber, inclusive; not to exceed an average f" 
of 40 hours of labor per '.7eek during the i^eriod Deceraber to v_ 

February, inclusive, and not to exceed 48 hours of labor 
during ajiy one reek of that period; a najciraura average of 38 
hours of labor per ireek for the period of one yeax." 

Code Ho, 35, Textile Hachiner;,'-, vras the first code to combine averaging 
and a definite peak period: 

"On ani. after the effective date, emoloyers in the Indus- 
try shall not operate on a schedule of hours of labor for 
their erroloyees (except executives, supervisory staff, re- 
ceiving nore tha;a $35.00 per rreek, and ou.tside salesmen) in 
excess of 40 hours per r-ee]:; provided, hoivever, that during 
any period in '-hich a. concentrated demand upon any division 
of the Indiistry shall place an unusual and te:."Tporary burden 
for production upon its facilities, c'.n employee of such divi- 
sion may be permitted to -/ork not more than 48 hours per rreek 
in not more than eight iieeks of any six months' period; pro- 
vided, horrever, that the total hours of nork shall not aver^ 
age more than 40 hours per reek in anj^ six months' neriod. 
Uliere in any case an employee not e;c'>ressly excepted above 
is worked in excess of eight Jiours per day, time and one- 
. half shadl be paid for the excess hours so worked." 

The Leather Code had a simple averaging and overtime provision: 

"No em;3loyer shall employ en'j person except as hereafter 
mentioned over 40 hours average in any 25 rreeks' period, nor 
over 40 hours in f?xiy ueek except by payment of 1 l/3 rate for 
overtime, nor over 3 hou.rs in any da,y except "oy payment of 
1 l/S rate for overtime." 

The Grain Exchanges Code stated: 



9803 



•■ -67- 

"No;' employee 'shall "be per'mi.tted.tQ. woxk i'n e^ccess of • • , 
>. • 40 hours in aiiy one ATeek, except'' as herein otherv/ise pro.r^ ; 
Tided..:. '' / ... : ' 

"In-order to meet fcontingencies which cannot be ojiti- 
cipated and over which the employers have no control, a,rd 
in order to constumpate contracts for. the sale and. purchase 
of commodities which reqtiire d,aiiy clearEtnce, . employees may 
be permitted to woirlt;44 hours per week averaged over a per- 
iodof four months; however, no overtime payments shall he 
required for the four hours in excess of 40." 

It would seem ths.t the second paragra^oh makes the first entirely meaning- 
less. 

Sometimes the averaging 'was stated in terms of absence to compen- 
sate for overtime. For instance, the Optical TTholesale code provided: 

"No employee shall be permitted to. work in excess of • . : .. 
40 hours in any one week, except that ,aJiy en^^loyee may be 
.'permitted to work for a maximum of 4'B". Hours per v/eek dur- 
ing' any 12 weeks in any 52 week period..,. 

"Each employee shall be granted ler.ve of absence with 
pay for a 'period equal to theovertirae works as permitted and 
■ limited (above). Such leave of absence shall be granted in 
daily periods, to be agreed'UTDon between employer and emplo3^ee,- 
within the calendar year in which the overtime occurs, pro- 
vided, however, that the following holidays, namely New Years 
Day, Memorial: Day,- Fourth of Jvlj, labor Day, Thanksgiving and 
Christmas, shall' not be considered as lee.ve of absence under 
the above rule, 

"If 3JIJ employee voluntarily or involuntarily leaves the 
employ of aji employer before said employee has been a,llcwed 
lea,ve of absence' s^officient . to .compensate said employee for the 
overtime- work, said eirplcyee shall be paid for such overtime 
based upon the regular hourly or v/eelcLy corirpensation." 

Interpretations of avera>3:in^4' -provisions, — ' The averaging provision 
recurring most fre-quently in the codes wa,s a maximum of 48 hours per 
week with an' average of 40 ho-uxs over 26 weeks. Even a.>ssuming that- the 
terra "avera,ge" was used in the codes in the sense of a simple arithmetic 
mean, this provision 'was'' capable of several different intetepretations. 
Did it mean that each em-oloyee's hours were- to be averaged out separately; 
that, if an' employee worked 1,040 hours ija less than 26^ weeks he would 
be laid off until the ..beginning of the next six months? At 48 hours per 
week, an employee could, 'of course, -out in 1040 hours in less than 22 weeks. 
It is of interest thp.t the Furniture Han'ui'.pcturing code specifically pro- 
vided: 

■>- , 
"Ho manufacturer availing himself of -the averp.ging privilege 
may use the device 6i temporarily laying off of successive 
groups of workers for the ■purpose, of operating his entire 
plant forty-rfive hpurs "oer week 'continuously through the full ■ .■ 
averaging period," ^ ,•■ , 

9803 



If each ennloyees' hours r?ere averaged separately, how did this 
rf-^ect nev e;a jl07ees7 Did theii- 2G weeks hefcin T7hen they are hired? 
li" not, what hours ~ero they permitted to work dioring a fraction of the 
first haJ.f year? A fe" codes SDecified hew the avera^-ing provision 
at)"3lied when en en-^loyee was discharj-ed-. For instroice, the Chewing 
Gun code stated: 

"In the event the enploynent of any eniployeee««is terminated 
by any enployer "before said erroloyee has oeen continuously 
eriDlcyed by said employer for sis months inraediately lorior 
thereto, the r-verPr^ie nu-'ber of weeldLy hours worked by said 
employee shr>ll be conouted from the date of beginning of his 
employment to the date of termination thereof and if such 
computation shows a weekly hoiir averajie in excess of the weekly 
hours hereinabove,,. perrii'tted, said em^^Dloyee shall be paid 
time and one- third for such excess," 

Or did this provision meaLi tha.t the hours of a department or an 
establishment were to average out to 40 in 26 weeks? ' This -^as specifi- 
cally stated to be the case in the Automobile code, with a tolerajice for 
the individuoJ. err:)loyee (*)» It would seen to be the case also in the 
Lumber Indus tr^r, the Oil Burner industry,- and the. Grain Exchanges 
Industry accordin-"?; to the code [provisions quoted, on the preceding pages. 
It was appiarently e:cpected' to be the case in the Iron aiid Steel Indus- 
try'-, for the report of the Deputy Administrator printed in the introduc- 
tion to the Iron azid Steel code stated that "many men will be working 
considerably longer than the average, a::-:d msmy considerablj^ shorteri" (**) 
In this case oiie could (l) figure the total number' on the pay roll during 
the' six months, including part-tiiie em^^loyees, ne" employees during the 
period, employees '■ho lost time because of illness, ajid em^iDloyees who 
quit- or wer3 dischnrged; (2) add up all the hours --orked during the six 
months; (3) divide by" 25 to get the average hours per week and' then by the 
nujnber of employees ir. (l) to get the average hours ""er average employee. 
This second inter"Dretation would -oernit one or more' classes of workers 
to exceed the averpige all during the period, "provided that they were 
balanced by other emiloyees working shorter- than-avera^ge hours, and might 
interfere with the Administration's reenpjloj'-ment progra'j. 

Some averaging provision em-ohasized that ho-'ors were to be averaged 
over my 4-^eek -oeriod. This would involve coimting each week with the 
three weeks preceding ajid the three weeks following, Supoose a code 
said "not more than 192 hours in any 4 weeks but not more than 56 hours 
per week?" TTith a., strict interpretation of "pjiy", this would meaJi that 
if an emroloyee '-orked in successive weeks, 40, 40f 55, and 56 hoixrs, he could 
work more than 40 hours the next two weeks to keep the moving average of 
hours down to 48, However, if t':ie four-week periods rrere considered sep- 
arate entities, an en-oloyee co-old work 55 hours per v:eek for four consecutive 
weeks as follows; 40, 40, 56; then 56, 56, 40,40. 

This discussion has proceeded far enough to indica,te tha.t many ISA 
averaging provisions were loose provisions subject to different interpreta- 
tions. As a matter of fact, official interpret-'ti?ns of these [provisions 
within the Adiainistr'-.tion varied consideraol:'', 

(*) See code oro-'isiun quoted earlier in this chapter, 

(**) National Hecovery Administration, Codes of Tair Competition, '■/ol, I, 

p. 174 
9303 



-69- 

II. THIi: CHIC-IIT .AI'I- I>I5TSI3LTI0IT OF -JRA. AVEBAGIEG- FHOVISIOHS 

KEA Bulletin 1^0. 2, June 19, IQSC, entitled "Basic Codes of 
Fair Competition", mentioned "?Ji avera^j;e work v;eek" in emjinera.ting 
Tprinciples to ee ;:jiven consideration in preparin-^; bpsic codes: 

"."Basic code provisions relating to raaximtiiu hours may 
involve appropriate consideration of the vervin™ conditions- 
and recp-irements of the several industries and the state of 
emplojanent- therein. An avers^f^e .work week should oe cLesigned 
sofE,r r.s possible to provide for such spread of employinent 
as rail provide \7ork so far as x^i'&ctical for employees 
■ nor::ially att-ched to the particular industry." 

Plov/ever; "airera.2:e" seeiiis tobe used I'.ere in the sense of "normal", 
"typical", or "representati\'~e", ana to be no precedent for a. v/ork 
nefek of " rn aAera^'e nuiiiber of ho^^r3 per neek over a certa.in period. 
'The'^'president' s Heemployment A,^-reement , released: the next day, includjed 
flat maxii.foivi hours with no 'avera,gin;_;; provisions, but. many PEA substi-- 
tutions for the hours provisions- included an. average woi'k week. 

. Precedents in garl,^( codes.- ■ .: ■ ■ ' > " ; 

Once the cbce-niakini;^' process was started.,' there v/as a flood, of ■ - 
e.vera^-ing provisiorrs. Code 2',- ShipbuildingC,*)',- wa.s followed by- 9, 
Lumber and Tirfoer; 10,' Petroleum (Produ.ction Division) j 11, Iron and 
Steel; l^l, Hayon and Synthetic Tarn; 17,. Automobile; 20, Salt; 21, 
Leather; 22, Motion Pictiire "Labora-tor-y; and 25:, Oil Burner; many of 
tnese are codes covering large -numbers of employees. Indeed, 45 (**) 
of the fiist 100 codes had an averaging provision. 

• - ' " 

'- Averr-ging' i?rovisions, by industry -groups . - Tj'ble 13 shows that 

139 coues had avera.';ing provisions- far -basic' employees. Sach industry 
. group haxl sorie such aver8.gi:\7; provisions' but ..l-il different proportions. 
All five Pinahce codes had' ;-verf}ging provisions, a-s did half the Eu.bber 
codes, half the Graphic Arts codes and over three- fifths of the Hon- 
fcetsillic Minerals codes.' ' Seven other groupsiised averaging provisions 
more tha.nthe e:^/erage ( 2'':': percent of pll codes): Gheuicols, Fuel, 
Transportation, Forest Prodiicts, 'hetals, the Service Trades, and 
Fe^bri eating. 

These codes v.'ith averaging; provisions covered over 6,000,000 
employees or 27, 9 -percent of all employees, rtinder. codes. As shoivn in 
Table 13, the proportion- varied from, ebout 1 percent each in Textile 
Apparel, Gonstr-.-iction, H6creation, \73aolesale, and Territorial codes 
to 100 percent in Finance codes. In the following groups from 96 
percent to 50 percent, re!=pectivel2", of the employees were in coo.es 
covering by pvera ;ing provisions: Forest Prodiicts, Transportation, 
ivietals, , i'on-Lietallic Linerals, Graphic Arts, Psper, Chemicals, and 
Hubber. Three other groups had more than the avera:e: Equipment, 

Food, ajid Fabricating. 

(^) T'his averaging provision was later amended. (See Chap. IV, Sec. I.) 

.("**; That nrjiiber was reduced to 4i- by aineniiTient of the Shipbuilding code, 
9S03 



-70- 



III. - TEE. A1jDJJ ^I. J:2. ELASTICITY IMOLVED 

Plor; 'iD.ch elasticity did these pveraging provisions yield? The 
question VTast be ans¥7ered in terms of averaging rieriods, average hours, 
increa.se in 'jeekly hours aHo'--ed, rnd safeguards on the provisions. The 
ansiTcr -^ill have more meaning in terms of employees covered than in 
numher of codes. 

Length of the averaging tjeriod .- As tahle 14 shoyrs, the xieriod 
over i7hicli hours rrere to he averaged varied from two to 5? veeks, rith 
the most i'requent period six months (46 codes). Almost as many (45 
codes) provided for averaging over a period of three months; and seven, 
over forjL- uonths. Trrenty-nine codes averaged hours in a "ceriod less 
than three months and 12 codes permitted averaging over a year, 

Ulien the codes are weighted b-'- the number of emolovees covered, 
(table 15) 31.2 percent of the employees under the averaging provi- 
sions ajre found to be covered by the 19 codes that had an averaging 
period of a. month or less. These short-period averages were undoubtedly 
the- easiest to enforce and the least likely to resiilt in an alternation 
of long hours and unea-oloyment, so that elasticity for these employees 
- aJLuost one-third of all in the averaging codes - is not particularl3'' 
grea.t. The 10 codes with averaging periods of six to 10 weeks need 
not concern us especially, for they covered only 3.3 percent of the 
emplo^'-ees in the averaging ' codes. What does, stand out is that 19,9 
percent o:." the employees in these averaging codes had hours averaged 
over' three or four months and 45,7 percent (over 2,800,000 rorkers) 
had averaging periods running six months or a year. 

Average hours per week ,- Average hours per i^eek variec^ from 32 in 
the Oil ijojrner code*to 54 in the Transit code. Hovever, in 117 codes, 
or 84 percent of these 139 codes, hours were a.veraged out to 40. 
Twelve codes a.veraged hours to 44, 45, 48, or 54, and these 12 codes 
included seven of the major codes. Although these 12 codes represented 
only 8,6 percent of the averaging codes, they covered more than one- 
fifth of the emnlovees in the averaging codes. The 10 codes with 
avera/^e hours less than 40 covered 8.7 percent of these employees and 
included three major codes. That leaves 70.4 percent of the employees 
in the averaging codes working an a.vera-ge 40-hour week. Fourteen of 
these 117 average-40-hour codes were major codes. 



* 32 in the slack period; 40 in the peak period; 36 for the entire year. 
See code qr.otation earlier in this chapter. 



9803 



9803 



Table 13 

1. Averaging provisions for basic employees: number and 

percentage of codes using and employees covered by tiaese 
codes, b-- industry groups. 







Codes 


_ 


Employees 






Industry G-roup 


Total 


uith 


Total 


covered 


(^odes 


Percent- 




codes 


averag* 


omploy- 


codes V7ith 


with aver- 


age Emp- 






zng pro- 


■ ees 


averaging 


aging pro- 


loyees 






visions 




provision 


vision 


covered by 
codes 


Total 


578 


139 


22,554 


6.283 


24.0 


27.9 


Metals 


12 


3 


576 


496 


25.0 


86.1 


Non-Me t al 1 i c Mi ne ral s 


52 


32 


448 


310 


61.5 


69.2 


Fuel 


5 


2 


1,429 


294 


40.0 


20.6 


Porest products 


17 


5 


606 


580 


29.4 


95.7 


Chemicals, etc. 


33 


16 


228 


137 


48.5 


50.1 


Paper 


32 


6 


294 


184 


18.8 


62.6 


Eubber 


4 


2 


155 


77 


50.0 


49.7 


Equipment 


92 


14 


1,584 


589 


15.2 


40.9 


Pord 


48 


7 


1,146 


387 


14.6 


33.8 


Textile fabrics 


40 


4 


1,025 


66 


10.0 


6.4 


Textile a-pparel 


45 


2 


996 


14 


4.4 


1.4 


Leather 


11 


2 


309 


55 


18.2 


17.8 


Fabricating 


82 


2C 


1,250 


385 


24.4 


30.8 


G-ranhic arts 


6 


3 


375 


251 


50.0 


66.9 


Construction 


10 


2 


2, 565 


25 


20.0 


1.0 


Transportation etc. 


13 


5 


1,751 


1,672 


38.5 


95.5 


Pinance 


5 


5 


574 


374 


100.0 


100.0 


Recreation 


5 


1 


459 


4 


20.0 


.9 


Service trades 


12 


3 


854 


212 


25.0 


24.8 


Wholesale 


24 


3 


1,127 


37 


12.5 


3.2 


Retail 


23 


1 


4,779 


33 


4.3 


.6 


Territorial 


7 


1 


124 


1 


14.3 


.8 



2. Averaging provision by less-than-40-hour codes, 
40-hour codes and more-than-40-hour codes 



Total 



578 



139 22, 554 



5 ,283 



24.0 



27.9 



Less than 40-hour codes 43 
40-hour codes 487 

More than 40-hour codes 48 



10 2, 179 

117 12,893 

12 7,477 



544 
3,659 
2,070 



23.3 
24.0 
25.0 



25.0 
28.4 
27.7 



3. Averaging provision in major codes 



I'lajor codes 


72 


24 18,539 


5,291 


Percent of total 


12.5 


17.3 82.6 


84.2 



33.3 



28.2 



9803 



i 



73 



sepoo x^I'io^T'^'isi 

sepBj^ eofAiiss 
eouBUfj 

u o 

^ t» 

■p E0XJqBj-S3Xfq.x8i 

pooj 

q.nsnidxaba 
aeqqnn 

iISdBiJ 

•0^3 'sx'EOxuieiio 
s^onpojd ^sejoj 

oxXI^4s™-^OH 
sxB^eH 

SXB^Oi 





«l.fl 









^^ 




o • 




as 


-4 


so 


>1 


'■g 


a 


O-H 


(0 


n 5 


<1 


cd r. 


t^ 


P ft 




^id 




o o 




«HH 




Vi 




ar4 




C o 




o o 




■H ft 




CO o 




■H 




► bO 




24 




ft_g 




^"5 




lis 




a o 




F< 




o a 




> 




■*'g 



CM 
CO 


O 




rvi 


U^ 


tv 


O 


J 




c- 


(M 
ON 




-d- 


oa 



OJ 



CO 



I r-l I I I 

I I I i-l I 

1 I 1 C\J rH 

I rH I Ol I 

I H I I I 



I ^<^^^l 1 I lt i rocM ir 



ir iH H OJ I I rH 



I H I I I H I 



II I rov I I 



I CM KNC~- I C- >H 



II I I H H I 



I rH I H I M iH 
/H CM I rH H I CM 

II I K\ rH C^ ro 
II II I iH iH 

1 rH I _:j- I iH I 

OJ I tOiCM CM VO M 

I i-l I eg I rH rH 

rH 1 rH I I I I 

OJ ^r^ rH J- I CM I 

II I CM I rH I 



t— CM O LXN t^vO OJ 



IT I I ir> LT^ 



I OJ 1 rvl 



I KN I ro 



I H 1 

I ^c^ ( 

I ^f^ I 

I r^ 1 H 



I O I o 

Ol CM 



I OJ I OJ 

I OJ I CM 

I -cf I J 

I Nvd- r- 



o I -d 

H H 



H H I OJ 



VO I vfi 



I UNI LTN 



_:d-CO I OJ 

CM K> 



I l>r\ I ro 



O C-OJ 

H rH H ^^ 



^ 



> 



-p 










■d 










iJ 








n 


•O 


© 










© ^ 


o 






C 


<d (D 


60 










© © 


o 






o 


© to 


cd 










S © 


c 


c?3 




^ 


to d 


b 










s 


1) 


E 




01 


d fc, 


© 










c. 


^ 


o 




•H 


t. (D 


> 


■d 


■d 


•d 




© i^ ti 


o 


fi 




> 


-e ® > 


oi 


© 


© 


© 




a © o 


<H 


m 




O 


C > Oj 




to 


to 


to 




© p- 


0) 


•H 




u 


60 a 


en 


d 


a 


ol 




ra S 


ti » 


> 




o. 


a m 


^ 


b 


t, 


!h 




3 f^ fi 
o © d 




o 






f. m 4!l 


© 


© 


© 


O 




s: 


^ 




60 


o ;»: o 


© 


> 


> 


> 




43 


p. 




•H 


> IE IB 

a o s 


S 


a 


ca 


CB 




^ ft o 


s 


to 




bO 


e 


K> 


m 


a 


n 


O H 




c 


n 


c! 


n O 


rH 


.^ 


^ 


^ 


O J- Sh O 


TO 


■H 


<D 




^ Ll-N rH 




© 


© 


© 


^ 


p-d- 


c 


to 


■d 


o 


© 


O 


© 


© 


© 




f. O 


o 


ci 


o 


> 


© ti o 


+3 


S 


» 


S 




<D ^ it 


^ 


^ 


o 


c! 


> O -P 










o 


■d © 


n 


O 








OJ 


r-so 


OJ 


60 


d o > 


■H 


> 


rH 


r^ 


CMJ-^ r^ 


rH 


C\J 


U'N 


Oj 


p-d-o 


> 


d 


01 


ri 












t< 




o 




4^ 


+1 












© 




a, 




O 

Eh 


o 

Eh 












> 





I I 1 I H H 

I I H I I 

I I KN I I rr 

I rH H I rH H 

I I I rH I 

I 1 I I in OJ 

I H I I _d- to 

I I OJ I I I 

I I I I ro» K> 



OJVO 1 OJ OJ 



I I I 1 CM OJ 



H I rH I I 00 



I KN I rH IC H rH I OJ 



I OJ I -d OJ 



NN rH t- rH OJ vO 



1 rH H I I CM 



I I M5 I I KO 



I rH rCN 1 CM 



I rH_d- I I LT 



I H I I 



OJ rH rH J" J- If^ 
OJ 



I 1 H I OJ I 



c;n k>vo k\ c^ 

CO tON t~ 



rH rH I I I 

rH rH I I I 

I I I I<\ I 

I I I H I 

I I I I rH 

OJ I OJ I I 

tf\rH rj I I 

I I I I I 

tC\OJ t-i I I 

CO Lr\ KNCM c^ 

OJ CM I I I 



OJ H H I I 
rH rH I rH J 
OJ OJ I I I 
VO I v£> I I 
^ \0 I I N> 
NNrH OJ OJ 1 

I.I III 

f-i LTivO H rO\ 
H 

I I I I I 



^ 



OJ C7N rCNK>_-i- 
LTN CM OJ rH rH 



© 

s 

C -H 

o *> 

•H f, 

+J © 
a! > 
■p o 



^ 



o 



u 
o 

B 

u 
o 

■d 
n © 



3 P O S 

© O f, O ^ -H 

to ^ O ^ rH 

tt CvJ C 

© _d- ITvCO rH t3 



60 

c 

■H 

to © 
a S 

%, -rl 
© -P 
> t. ^ 

cd © © 
> © 

COS 

o 

H O 
n Cj "rl 

■d ti m 

^ © d 

Hi c CQ 

■ © 



)C5 



•d 



-d -d 
moo 

•H -H "H 

n t< fi 

rd © © 
X' ft ft 

f( H H 

© cd CI) 

,C! -H nH 

-POO 

O © © 

ft ft 

CO CO 



01 o 

o ft 
■H 



o 

Si 'd 

I a 

M3 Clj 



OJ 



O 

©. 



CO pi p 

o o 

■d ^ ^ 
d I 

aj CO o 

J- • CM 

p VO TJ 

« d 
^ - 01 aJ 

1 f, t< 
UN p © o 
K% C j3 -H 

^ -P rH 

rH I O rH 

UN Oj 

■> J- •« 45 

fn 03 © 

P •• f, E 

O f, 3 I 

^ 3 O C 

I O 41 O 

OJ ^ B 
KN I ^O 



n cQ 01 

© © 01 L 

-d 'd o p 

3 p 01 o 

H rH CO ^ 

O O O 

H M KNrH 



Si 



9803 



-73- 

"" • : T<?.Me 15 • 

Averc^'ing provisions for tasic emdoyees: num"ber of codes and 
nuiaber and percentp.ge ef emolo,7ees covered by codes with sr)ecified. 
-provisions • ■ ■' 





t 


> 








' ITamher 


Employees 


Detailed provision 


ITumber 








of codes 


(thousands) 


Percent 




Total 


139 


S,?83 


100.0 




Increase in weekly hours:- ■. 










Less thazi 8 hours 


17 


835 


13,3 




8 houi's 


83 


2,537 


40,4 




Ilore thaji 8 hours 


6 


, 131 


2.1 




UnJLimited • 


33 


2,780 


44,2 




Avera/:e hours: 










Less than 40 hours 


10 


54-4 


6,7 




40 ho-ars 


117 


4,424 . 


70,4 




i.:ore thaji 40 hours 


12 


. 1,315 


30.9 




Averr/ging periods 










2,4, and 5 weeks 


19 


• 1,958 •• ■ 


31,2 




6 to 10 tjeeks 


10 


205- 


3»3 




12 a-nd 13 weeks 


45 


: 1,047 


16.7 




17 weeks '' 


7 


203 


3,2 




25 weeks 


46 


• 1,547 


24,6 




52 weeks 


: 12 


1,323 - ■ 


21,0 





Increase- in Ueekly Eours'.Allowed ,- The increase in weekly hours 
allowed va,ried from four hours to unlimited hours, with eight hours 
appearing nost frequentljr, in 83 codes. Eight codes had 4 hours; seven, 
5 hoursj three, 6 hours; four, 12 hours; one, 16 hours; one, 20 hours; 
and 33 ailowed unlimited hours in any one week. 

It is interesting that in two codes there are two limits to hours - 
with aaid. without overtime. Athletic Goods allowed 44 hours (a.Dsor"jed in 
an gi-verayge of 40) withoiit overtime, and 48 with overti;;..e after 44; and 
Corru^e.ted Container allowed 45 hours without overtime, '-48 with overtime 
after 45, 

The 33 codes with unlimited hours in any one week had more emploj'-ees 
(44,2 percent of the employees in averaging codes) than the 83 codes 
■jDermitting an 8-hour increa.so (40,4 percent). The- six codes permitting 
a definite increase of more than eight houxs a.ccounted for only 2,1 
percent of these employees aiid the 17 codes ijermitting less than eight 
hours increase a,ccoujited for 13,4 percent of these emiDloyees, 

Sa-fe a\a:L-ds on Avers aiin:--:; Provisions .- In considering how much 
elasticitj?- these averaging -orovisions give, attention ETist be "oaid to 
the sai"egua,rds which the codes contained. These were of two main types, 
overtime payments aJid period liiitations. Fifty-two of these- codes 



requircd overtime payments. In 29 of these codes, covering 23,5 ■Dei'- 
cent of tlie emplo'/ees in the 13S averrging codes, hours T^orked aoove 
the avei-p^'e neek commaiided. a penslty rate. This ^/ould seem a consid- 
ere.hle safeguard of the averaging provisions. In 23 codes, coverinf^- 
14.4- percent of the employees under averaging codes, overtime vas 
paid on some other "base; in 15 of these codes for hours in excess of 
some daily standard. This, of course, meajit straight hourly -opy for 
work on Saturday even if the Saturday hours T7ere beyond the avera/i'e 
week,* ' '■ 

It- ^7as :ientioned', at the heginning of this chapter, that in 
27 codes, a.verage- houl's could oe- er.ceeded only in s"oecial periods, 
these vc.:.'3'ing froia si-x to 20 ^eeks per year or until 80 or 14-i 
overtime hours per year were used up. This: is, of course, a consid- 
erable linita.tion on -the averaging provisions. In addition, 14 of 
these 27 codes required overtime^ payuent, nine for the hours above 
the avc'i-aje b sic ^.TeeL, and five; on a dail;?" basis. These codes "ith 
avera/jing provisions li;nited bj^ -'special periods covered 13,9 percent 
of the employees under averaging provisions, 

Thas lea^ves 30 codes --hich had no sai'eguarding of their a.vera^^ 
ing provisions. It i^s north noting that these codes covered 
3,500,000 employees — 48,2 T3ercetit of employees under the averaging- 
provision codes and 15,4 percent- of the total em-oloyess under codes. 

As- table 16 shor?s, the 60 aJveraging provision codes "hich ha,d 
no safegua^rd included 20 codes -jith long averaging periods (six months 
or a ye'ex) and 20 codes rdth at least 12 hours rreekly increase, 17 of 
these ■■x^rr.iitting unlimited v/eehly hours. Two codes, Structure! Clay 
Product's cnc\ Laundry 'and Dry Cleaning l.Iachinery, had particulajrly 
loose provisions, each having long a.veraging periods and 12 hours or 
more increase in Tzeekly hours. 

Other elasticities in a-ve-ragin? codes ,- Averaging was, of course, 
not the only elasticity in many of these codes, Tv;elve had a peak 
period vrhich was not a.bsorbed in the average; and 29 provided for 
longer hours in "emergencies" thc.t rrer-e over^ and abov-t) the elasticity 
secu.rec. through a.veraging. 

Special mention should be made of four codes which had a new 
avera.ge in the peak period. Oil 3urner provided for a mrj-imum of a 
40-ho-av- week with an avera-ge of 32 in 25 weeks - the dull season - 
and a r^jciimun 4-8-hour ^eek with an average of 40 in the 26-ifeek perk 
period, Trticking permitted an average increase of si;: hour-s per week 
(in two weeks) o^/er the 54— noui' week "^hen seasonal denands rtrise 
involving novenents of perisha.ble goods or seasonable crops, or in 
ca,se of u::or:;ency demands, -dththe api'^roval of the appropriate -State 
or ?.e--;ional Authority, "• The Chemi-cal i-^anuf acturing code provided 
what was -n-actically a, different scale of hours for divisions of the 
industry "in which season or peak demand places an unusual and 
temporary renuirement for production upon such departments"- 48 hours 
aver^^ged to 44 in three months coriijared; vil'ti;- the regular hours of 



* Jot the overtime base in -the other 7 cases, see footnote (b) to 

table 15, 
9805 



-75- 

48 averr:;ed to 40 in four months. The Dry Color code allo-7ed an 
averr;-:e of 44- hours in the six Tree^cs pesJc period. 

The ?,T)pli cat ions for exemptions sho',' that some iir;as sought even 
greater elasticity than \7as granted in the averaginsj; provision of their 
codes* Aftei' the hours permitted for the averaging period veve used 
up, thc3' e,sl:ed for, and sometiiaes rrere granted, exemptions from the 
code provisions. 

Table 16 

Averaging provisions for hpsic employees: numher of codes having 
specified averaging period, increase in weekly hours, overtime 
payments, and. special period limitations. 



Averaging period 
and 


Increa.se in ^jeekly "basic" ho-ors 


overtime payments 


Total' 


4 • 


5.6 


' S 


a/' 
12-^ 


TJnl im- 
ited 




Total codes irith averaging provision 


139 


8 -- 


9 


83 


6 


33 




















Less theji 12 r/eeks averaged 
12, 13, 17 v;eeks averaged 
26, 52 TToeks averaged 

No overtime iDaj'Tients or -period limitation 


29 
.52 
58 ! 

50 : 


2 
2 ; 

4 

4 


1 

2 . 
6 

3 


14 < 
28 ! 
41 : 

>33 ! 


3 
2 
1 

3 


9 . 
18 
6 

17 




Less thczi 12 -jeeks averaged 
12, 13, 17 'Teeks avera,ged 
26, 52 TTseks averaged 

General overtime -payments (hasic ■■veek) 


19 ! 

21 

20 : 

29 


2 
1 
1' 

1 


! 1 

1 
1 

3 


9 ! 

: 8 : 
16 

14 


1 : 
1 " 
1 : 


, 5 

10 

1 

11 




Less then 12 T^eeks avera'ged 
12, 13, 17 Tjeeks averaged 
26, 52 reeks averaged 

General overtime -payments (other hase)-/ 


4 
14 
11 

23 


1 


1 

2 

2 


2 : 
■ 7 
5 ; 

15 : 




o 
4 

4 




Less thai! 12 weeks averaged 
12, 13, 17 T-reeks avera,ged 
26, 52 -eeks averaged 

c/ 

Special -period limitation (rritho-at overtime) 


6 . 
10 
7 

13 


-L 


2 

1 


3 . 
7 " 

11 


2 : 


1 
3 




Less tiirn 12 veeks averaged 
12, 15, 17 -reeks averaged 
26, 52 -jeeks averaged 

Special -period overtime ("ba.sic v/eek) 


2 
: 11 

9 


1 
2 


1 


• 2 
9 

7 


- . 


- 


: j 


Less than 12 rzeeks averaged 
12, 13, 17 ueeks averaged 
26, 52 rreeks averaged 

e/ 
Special -period overtime (other base) 


: 3 

: 5 

: 5 




: - 


: 3 
: 4 

! 3 


1 


1 


1 


Less thaji 12 -weeks 

12, IS, 17 TTeeks averaged 

26, 52 rreeks avera.ged 


: 2 
. 3 


: - 


: - 


: 1 
: 2 


! 1 


1 





(see footnotes on next page) 



-76-" 

a/ One cr.ce of 16 hours ?nd one crse of. 20 hours, 

'oj T-o oi -'iliese othir "bf-'ses were fj \-eskl3'' "base higher than the average 
v/C'u:; trro uere an average vreeh; three:, 4S hours and c-n averaf'e of 
44 hours; 15 were 8 hours per day; and 1 was 10 hours per day. 

c/ Tt/o i.Torc emergency periods; others, peal: periods, 

d/ Tv'O were e'lor-^ency periods; otJiers, pealc periods, 

e/ One wa.s eiaer£;cnc3'- period; others, peak periods; the overtime hase 
\ic.z 8 hours daily in 4 codes, more than the bt'sic week in one code. 

IV. AVJJPJIG-II-C- F50VISI0ITS IF THE LIAJOK CQI'ES 

'Twenty-four of the 72 codes with 50,000 or more employees had a.n 
avera'.lng provision, (*) The vrriety of .provisions in these 24 codes is 
dotailec. in Tc.hle 17, Since these 24 codes covered over five-sixths of 
the employees ujider pvera£;ing provisions, it is worth while examining 
the ta.ole in detail. 

It is evident ,at once that' these provisions involved very lon^: 
ho-ui's in some codes - unlimited in nine codes pnd 56 and 54 hours 
respectively ,in the" Ice and Motor ■3u.s codes. There were long avera.^ing 
periods; (52 weeks each) in Lurah'cr, Automohile, Ice, Automotive Parts, 
and Euh'jer Tires, Only six of these major codes provided for overtime 
paymenljs citex the a.vera^'e --eek and two, for overtime rates after eight 
•hours per day, which;ga.ve the emoloyees no overtime pay if the extra, 
■hours were v/orked on.-Satiirday, . Only one - the Cleaning and I>,'-ein"; code - 
'had avera'ln-?; limited hy-a peak period; in this code the five extra^hpurs 
•per week could he -orked' only in t^TO peak: periods totrling 18 weeks, per 
■year, • ; ; ; 

The 2;.\?lisit: code, with 54. hours averaged over 26 -eeks, seems to 
have B. vei-;- loosJ3 averaging- provision; it has one saf e^iiard, however,, in 
proyidan:j th'a,t only .'10 percent of ttie employees were pllo''-ed to reaph 
the mahi^JLiu 'of 54 hours .~ a s.c£eC'^B.T& that certqinlv "ou] d involve a lot 
of coriplica,ted i-tecord-kqepinf^'Jf or enforcement, 

V, W3 SI^CLIIIC 0? THE AV:^5AGIE& P:::OVISIOH ■ , . 

After txie first 100 codes with 44 averaging provisions, the numher 
declined in 'each successive hundred: 34, 24, 17, 9, and 6 of the last : 57,, 
as shOT.-n" in Ta'ule 18,- This reflects, the dissatisfaction of the 
Administfation with: this sort- of elasticity, , 

Achiini'straJtion -ool;icy a^^;glnst averg.-:in>'< of hours ,- By tne spring: of 
1934,' the Adjiinistratictn .was .0"oposec to further extension of aver a in,;]; 
provisions. In approvin'-i; the code for the Harole Quarryj^i?; anci Finis.Viip..^- 
Industry, Ipy 9, 1954, : General Johnson inserted a proviso "that the Code 
Authdrit''- shall not later than 90 days after the date of this order suouit 
to the Administrator fp-rther .evidence that the averaging of hours as 



(*) In addition, 2 divisions, of the Construction code provided for 

averrjin;;^ of hours-; Terrazo and iosaic provided for a 40-nour^week 
averaged out- to SL, 5 in .4 T'ceks; and Building Grpnite, a 48-hour 
week averaged owt -to. 40 in 13 irreeks. See Table 12, 

** Codes of ^'sIt Competition, Vol, X, p, 57, . , 

9805 



-77^. ... 

■'iASL:. 17 
Averaging provisions in major codes 







rEnployef^s 


•Average 


Possible 


Overtime 




Code ■ 


: covered 


hours and 


increase 


base 






: ('thousands) 


: averaging 
period (in 
weeks) 


in i^reekly 
hours 


(in hoxiJTs) 


278. 


Tracking 


: 1,200 


48/4 a/ 


Unlimited 


48 per week 


9. 


LumlDer "oj 


: 565 


40/52 


8 


_ 


17. 


A-a.tono"bile c/ 


: 447 


40/52 


■ 8 


» 


11. 


Iron BJid. steel 


: 420 


40/26 


8 


— 


47. 


Bpnirers 


: 300 


40/13 


Unlimited 


— 


10. 


Petroleuiii-Production diy. 


: . 292 


35/2 


4 


~ 


28. 


Trams it " 


! 264 


54/25 


Unlimited 


_ 


287. 


Graphic Arts 


: 232 


40/13 


Unliuited 


40/8 d/ 


308. 


Pisher7 ej t 


r 200 


45/2 


Unlimited 


— 


145. 


Farnit-ojre 


: ■ 193 


- 40/25 


5 


8 per day 


120. 


Paper and puJ-t) 


128 


40/13 


8 


8 per day 


399. 


HoLiselaold goods, storr^ge 












and aovin:';; 


: 120 • 


48/2 f/ 


Unlinited 


48/8 


101. 


Clecning and dyeing 


'110 


, 40/26 


5g/ 


— 


297. 


Advertising di stri outing 


100 


40/26 


, 8 


— 


43. 


Ice 


• 100 : 


48/52 


• - 8 


— 


123. 


Stru.ct-Ara2 clay products 


: 94 


36/25 


12 


- 


S5. 


Motor bus 


: 85. 


48/6 


6 


I — 


105. 


Autonotive parts 


: 79 


40/52 


. ■■ 8 ■ 


— 


174. 


Foj.b'bcr "tire 


: 75 


36/52 


.6 


36 per week 


275. 


CheLiical :aa.nufacturing 


: 68 


40/17 


8 


- 


401. 


Copper - ^ , 


64 


40/13 


Unlimited 


— 


21. 


Leather 


52 


40/25 


Unlimited 


40/8 


82. 


Steel castings 


50 ,, 


..:,40/.e -^ 


'8 ' 


~ 


LPS. 


Grain exchanges 


50 


44/17 


Unlimited 


48 per week 



a/ This code permilted an avera.ge of 54 hours over 2 weeks as ^ell as. an 
average of 48 hours over 4 weeks. \ 

h/ This code provided that, the divisional code authority might authorize 
employment in seasonal operations up to 48 hours per week (unlimited for 
stream driving and sled hauling) lorovided the average employment in the 
calendar year does not exceed 40 hours per week, and that the Code 
Authority of the Wooden Package Division might authorize 44 hours per r-eek 
for 4 weeks for snj perishable crop, provided the average in the calendar 
year does not exceed 40 hoiors per week, 

c/ In addition to the averaging provision for factory employees, this code had. 
another for the "supervisory staff and employees engaged in the preparation, 



care, and maintenance 



plant machinery and facilities of and for 



production," These employees might s-verage 42 houjrs per week on an annual 

Isa.sis with no limit for a. given v/oek, 
d/ In 2' of the 6 divisions, only the 8 hour per day base wa.s used, (See Table 12) 
eJ Some of the supplements of this code have different hours provisions, (See 

Table 12) 
f/ Drivers ajid helpers in local moving might average 96 hours over 2 weeks; in 

long-distance moving, 54 over 2 weeks and 48 over 4 i:'eeks» 

g/ Por onl:=- 18 weeks en.nua21y, 
9803 



-78- 

provic'.ecl, . , , is necessary in this industiy, " Ko'.iever, the code hours 
were never r: '.ended. 

In fr.ct there v/ere several general statements by the Administration 
on averaG,'in-. provisions, A policy memorFJidum issued by the Assistant ■ ■ 
Administrator for Policy, June "29, 1934, included the statement: 

\ "In viev/ of the nature of the v/ord 'average' and in vievr of the 
practicaJ. difficulties tha,t have frequently a.ttended its use in 
la»bor provisions of Codes,, maximum hours may not he stated in ter;.is 
of aji average except upon ^shov/ing of necessity; and the presumption 
is strong against stating of other labor provisions in terms of 
avei-cjes. In 'the rare instances in which this device mast be used," 
the nethod to he folloired In computing the average must be cleajrly 
■ str;ted,» . ' [ 

This \7a,s followed by Office ii'emorandu i No', 272, Ju.ly 31, 1934, as 
folio- -s:' . [ ] 

[ "Averaging in provisions governing hoiirs of work has in 
practice proved unsatisfactory. Conditions which would otherwise 
give rise to the use of averages should hereafter be dealt with in 
coiiior;.iit3r with the following policy: ". ' 

] "'ijh.ere it' is irapracticable to provide an inflexible maxirmu 
hours limitation in view of pecu'lia.r seasonal or other needs 
of an industry, a stated maximum with a proviso for a definit'e 
[ toleranQe (on a, week;ly or daily laasis) may, be provided. To " . 

penalize, abuse, the ^payment for ^overtime for hours worked in 
' excess of the sta.tecC iaaxiimim, but '"dthin the tolerance, should 
' be required, Fiiere .a definite tolerance is not s-aff icient, 
', pa^rticuXar defined qircurastances (such as eniergency uiaintenrnce. . 
and. repair) may justif3r unlimited tolerajice, '"dth payraent of 
overtime for aJLl time in excess 'of the maximum," 

[ VI, SUI^II.IARY: THE PriOBLEii 0? AVERA.GIWG " - 

This chapter has shown tha.t the NBA approved, in 139 codes, a wide 
variety of averaging provisions for basic employees, some allowing limited' 
elasticity/", others allowing very conside'ra.ble elasticity to meet the 
particular needs of the industr3^. In the rush of codification, these 
provisions v/ere a-pproved with no real knowledge of the needs of the 
industr"" a:.id the results of the averaiging of hours. 

The provisions which appeared in the largest number of codes were 
an average of 40 hours (117 codes); 8 hours increase in weekly hours 
(83 codes); and an averaging period of less than six months (81 codes), / 
However, looser provisions appeared in the early codes which covered a 
large nuiioer of employees so that the majority of the employees "ere 
covered by standards not so strict as those appearing in the .. major its'- of 
the codes. Thus the 33 codes allowing unlimited v/eekly hours "in any week 
covered nore employees than the, 83 codes allOT/ing an gO'-hour weekly increa.se. 
Almost hcl':; of the emr)loyees in these -averajing-Provisibn codes v/ere in 
code's with an a,veraging -orovision of six months or r year, Dissa.tisf action 
arose concerning the code -orovisions for averagin : of hours, ¥orkers 

9803 -■: \ 



-79- 



M 
H 

i 



M 
(D 
■rf 
O 
O 

o 
• o 

iH 

a) 
!> 

•H 
W 
CO 
(U 

o 
o 

g 

■H 

(1) 
O 
PJ 

Q) 
^1 
!^ 
pi 

o 
o 
o 



•H 
(D 



S 
O 
•H 

tn 

•H 

t> 

o 

Ph 

a 
u 
o 



5803 



sgpoo xHTjoq.Tj:jaj;, 



sa-g'Bj:^ atesaxox^H. ^ 



sapBjq. aoTAjag 

uot().t,>aj:o8Tj 

aouBuT^g; 

•oq.a •■aoiq.'eq.JousuGjj;, 



H H. I I t I I 

I 1 1 H J 



1^ H 

OJ 



'■^ iH 



uoT'4.0Tn.j;q.suoolo 



§uTq.30Tj:qT3£ oj 



j:tij: pxre jaqq-'darj 

XaxsdcEB-saxT^xao; 

sotj:q^Bj:-S8Xtq.xeii 

poo^ 

q.uauidT"nba; 

jacLqri.H^d- 
jacfejj 
•oq.a 'sx^oTEsuQ 
sq.on.poj;d q.saj:o,3; 

OTXT^'^^^-'uciii 
sX'3':)-SH 
XB^c 



<X> 
•-d 

o 
o 

o 

m 

o 



LP] ir^ 1^ ai I I I 

01 H H H I 

OJ I iH I M I 

i^J I OJ r-i I I 



M LP 
r-H 



LP 



to 



OJ 

crJ 



LC 



W 



IT 



t^ rH H I I rH 



O 



OJ 






OJ 



OJ 



r'-> 



H I I I I 



XX) ^o^ 


H 


H 


C\J 1 I 


I 




I H r-l 


I 




H I H 


OJ 




H 1 rH 


rH 




H 1^ I 

1 1 


I 




I rH t 


H 




H h'^ OJ 


I 





>.£) ^ t•-^^ OJ rH rH 
H 



H rH I I I 



^ 



OJ VO to ^ U3 Ll^ rcv 
hi 



t I I H ,-l 



C T' ^ J- ^- ;- I— CAUJ ITS 



i^ t'^H-'^'■^'oJ H 



■H 



HI 



wc\5 ooooor^ 
(BfH oooooL:■^ 

nri CD rH OJ r-O^ LOvLT^ 

o !> 

on oooooo 

-P -P -P +J -p +:> 
H ^ fl 

C3-P OrHrHrHrHHt-H 
-p.H-H OOOOOW 

O ?: W 1-1 OJ l^r>,^ [r\ <D 

EH -H rd 

ci{>tomrawcnD3o 

(DO0 0)0)0)0)00 
'"6 Fh 'd fci ""d 'd 'd nd 
O Pi O O O O O O P-i 

o r? ^."^ t^' o 'i^ o •?) 



-30- 

fo-uno. the irregular employment pxid irregular earnings unsatisf rctor-'-; 
moreover they could not tell -.Then averaging provisions '?ere heing viola,ted, 
j?he Co-i^^lience Division found them very difficult - largely impossiole - 
of erjforcenent. Long averaging periods uere, of course, the most 
otjecticnaole. The labor interests in the Administration claimed thr,t 
aver?^;jing provisions Trith long averaging periods interfered trith the 
Administrction's program for reemployment; and that hy permitting 
excessive hours for parts of -r:. -rear uith lay-offs during the dull season, 
they TTorked against the Arjninistratior. 's ai.i of staoilization of 
employment. This d.issa.tisfa.ction was reflected in Administration policy 
sta.tements against the extension of averaging provisions and in the 
declin-f. of s.veraging provisions in the apcroved codes. 



9G03 



-81- 

CHAPTEB lY 

OEMRAL OVERTIIviE FR0.VISIQ1-TS FOR BASIC EIvIPLOYEES 

One hundred and fourteen codes or one out of every five con- 
tained a general overtime provision for basic employees. (*) These 
fourteen codes include the 52 codes mentioned in the preceding 
chapter, which had an overtime i^rovision in connection with an 
averaging provision; in these codes, the "basic hours set could "be 
exceeded whenever the employer wished if (l) the overtime hours were 
paid for at a penalty rate, and (2) the overtime hours were com- 
pensated for "by tiiae off in some slack period. In the other 62 codes 
of this group, the "basic hours could "be exceeded virhenever the erar- 
ployer wished if the overtime hours were paid for at a, penalty rate; 

I . THS l^jgUBE. AlTD ORIOIN OF LIRA. GElIERAIi 0"yERTIIv[E PROVISIONS 

The pur-pose of overtime rates.- Historically, overtime rates were 
provided in union agreements for worlt "beyond certain specified hours 
knovm as the "basic da,y or "basic week. This was primarily a wage device, 
intended to increase pay rather than to limit hours. In the WRA codes 
the purpose of the overtime provision seems to have heen to provide 
some elasticity^ for employers who were reducing "basic hours to the NRA 
standards, an elasticity protected against abuse by the requirement of 
penalty rates for overtime hours. _ 

The PEA included no general overtime provision; it did suggest 
overtime pay for highly skilled workers on continuous processes in 
this provision: 

"The maximum hours fixed in the foregoing para- 
graphs. . . shall not apply to very special 

cases where restriction of hours of highly 
skilled workers on continuous processes would 
unavoidably reduce production but, in any such 
special case, at least time and one-third shall 
be paid for hours worked in excess of the 
maximum. " 

Precedents in early codes.- The first code to incorporate 
what we have called a general overtime provision was code No. 2, 
Shipbuilding, which provided, when it was ap^oroved July 26, 1933: 

"Merchant Shipbuilding and Ship Repairing.- No 
employee on an hour ra.te may work in excess of an 
average of 36 hours per week, based on a six months' 
period; nor more than 40 hours during any one week. 
If any employee on an hourly rate works in excess 
of eight hoijrs in ar^ one day, the wage paid v;ill 
be at the rate of not less than one and one-half 
times the regular hourly rate, but otherv/ise ac- 
cording to the prevailing custam in each port, for 
such time as may be in excess of eight hours." 

(*) This does not include the codes "oroviding for overtime payments to 
basic employses during peak periods or until certain overtime hours 
were used up or to some special group of employees. (See cha-pters 
V and VII). 



-32- 

Thus the overtime rate a-opeared first as a safejiuard on the 
averaginti provisions. (*) All the early codes having- overtime pro- 
visions used them in connection with averagin.^ ^^rovisions. Code No. 84, 
Fabricated Metal Products, ap-jroved ilovember 2, 1933, was the first to 
provide overtime at will, in these terms: 

"Provided further., that any employee at the request of 
the employer may work additional hours heyond those 
specified in the two preceding paragraphs, provided 
such additional houi's shall he paid for at the rate of 
time and one-half. " 

Overtime at will .- Other exairroles of overtime wherever the 
employer wished are cited "below. 

Crushed Stone, Sand and Gravel: 

"I'D employee working on an hourly hasis shall he paid 
less than one and one-third times his hourly rate, for 
all time in excess of the maximum weekly hours pre- 
scribed herein." (40 hours except for occupational 
exemptions). 

Pipe Fi;Dple 'Manufacturing: 

"All employees who v;ork more than the normal number 
of hours -^lev day in any 24 hours, or more than the 
normal number of hours per week in arjy seven days, 
provided in this code, shall be paid not less than 
one and one-half times their normal rate of pay for 
said excess. Such overtime shall not exceed six 
hours in any one week..." 

13 Paper Codes (**) 

"Eight hours in any one day and 40 hours in any one 
week, provided, however, that these maximum limits 
may be exceeded for any reason at any time provided 
tliat all time worked in excess, of the maximums pre- 
scrioed shall be paid for at nor less time and one- 
tMcd, and provided further, that no employee sha,ll 
be required or permitted to work in excess of 10 

hours in any one, day or 48 hours in any one week." 

(*) The Code was amended A^^ril 2, 1934, and weekly hours v;erfc clianged to 
36 per week with no- daily limit but overtime after 8 hours per day 

for Shipbuilding; the averaging was continued for Ship Repairing. 

(**) 246 Paper Disc 293 Gumming 

247 Food Dish 294 Gummed Label, etc. 

243 Glazed and Fancy Paper 295 Waterproof Paper 
249 Tag Industry 296 Fluted Cup, etc. 

252 Cylindrical Paper 301 Sanrole Card 

Container 505 Fibre Can and Tube 

239 Cloth Reel 
290 Photographic I fount 

9803 



-83- 

Vastie Overtirae Provisions. -Other provisions which have been 
cla.ssified as t-;eneral overtime were far from simple statements in the 
codes. Perh^ops the cedanakers had i;. mind pealc period overtime, but 
they did not define the periods. All vague provisions for overtime 
durint, an indefinite period (excepting emergency repair periods or 
emer^iency periods) are. classified here as j^eneral overtime. Examples 
of the provisioT-s. which seem to give an eiirnloyer the rij^ht to work 
employees overtime whenever he wished, provided he T)?id a penalty rate 
for it, are listed "below. 

Copper and Brass Mill Products: 

"The maximujn hours that any employee shall work in any 
one day shall be eight hours... and in any calendar or 
pay-roll week 40 hours... In ca.se of emergencies of any 
character, such, for exannle, as those arising from 
the need of repairs or of meeting unusual requirements 
of -pealz production or shipment, 3,ny erciplojee, upon 
request of the employer, may work a total niiraber of 
ho'urs grater than eight hours in a^iy.one day, or 40 
hours i"n any one cadenda^r or pay-roll week, the excess 
v7ork in such case over eigh.t hours in any day or over 
40 hours in a.ny calendar or loay-roll week to he paid 
for at one time and one-lia.lf the regular houxly rate; 
hut this provision shall not be construed to rea^uire 
more thaui one overtime payment for the same overtime 
work. . . " 

Coffee: 

"In case of unforseen peal; production, inventory 
periods, financial closing' -oeriods, and other un- 
usual conditions beyond the control of the employer, 
employees may work in excess of the normal number 
of working hours per day or per week provided in this 
Code for the class of work performed oy such em- 
ployees. Such overtime sha,ll not exceed six hours 
in any one week except in cases of emergency repair 
work involving break-down or T)rotectio:'i of life and 
. property, and sh^.ll he com;:Ten3ated hy at least time 
and one-third. Off ice workers receiving $35.00 per 
week or over a.re not subject to overtime payment. 
Reports shall "be made to the Coffee Industries 
Committee when required by such Committee or by the 
Administrator stating the n^omber of hours worked in 
excess of the maximLun under the above provisions." 

II. TtE EISTaiB-JTIO":' 0? C-EITEBAL GT<LRTrM FROVISIOl'S 

Generad Overtime Provisions, 'by I-ndustry G-rouTos.- As table 19 
shows, three industry groups had no code with a general overtime pro- 
vision for basic enroloyees. These are Puel, Apparel and Recreation, 
and they cover some of the best orga/nized labor groups under codes. 
The use of this rirovision in other industry groups varied, from 



9803 



-84- 

Textiles v/ith 5 per cent of the codes including i-ieneral overbi:!ie pro- 
visions to Paper r/ith sach a provision in 68.8 per cent of the codes. 
The Paper group fiirnished 23 of the 114 ^;eneral overtiiiie codes, more 
than any other industry group. In 10 other groups the provision vas 
used in more then the average proportion (19,7 per cent) of the codes: 
Eubher, Graphic Arts, Finance, Ti-ansT)ortation, Territorial codes, (*) 
Leather, Forest Products, :Ton-Metallic tiinerals, Chemicals and 
Wliolesale. 

Eimlcyees covered "oy code s with fi'enera.l overtime.- !7hen tahle 19 
is weighted cy the number of employees covered by the codes, it is 
seen that the pronortion of employees (l8.3) in codes with general 
overtime was soraev/hat less than the proportion of codes (l9.7). This 
is because a smaller proportion of the major codes provided for overtime 
payments than did the smaller codes. 

In the various industry grouijs .- Employees subject to general 
overtime provisions varied from 3 per cent of the employees under the 
Construction codes to 76.9 ^ler cent of the employees under the Trans- 
portation codes and 77. 2 per cent of the employees under the Paper 
codes. The following other grouos exceeded the average in the order liste 
listed: Graphic Arts, Fabricating, Rubber, Wholesale, Non-Metallic 
Minerals, and Leather. 

III. EXi'SKT OF ELASTICITY TEROUGH GShZZAL OVSaTILIE 

Kow much elasticity did these general overtime provisions give? 
That may be ansTvered in terms of the raazimum woiicing time permitted and 
the hours at which overtime begins. The overtime rate is important as 
a. deterrent on the free use of the excess hours. So also is the 
presence of an averaging provision. 

L'aximum weekly liours.- Table 20 shows that maximum weekly hours 
were less than 48 in 22 codes, 48 hours in the largest number of codes 
(49), more than 48 in six codes (**) unlimited but absorbed in an 
average in 17 codes, and unlimited in 30 codes. - 

In 21 codes, 10 of which are Paper codes, maximua daily hours 
also were limited. The hours specified were S,i-n:one code;; 9, in one 
code; 9.6, in one code; 10, in is codes, including the 10 Paper codes; 
13, in one Food Code; 14, two codes in ilon-Metallic Minerals; and 15 
two Food Codes. The effect of the 8-hour limit in Bowling and Billiard 
Equipment was to concentrate all overtime hoars on Saturday; the 
longer daily limits in ohe other codes would allow some daily overtime. 



(*) Manufacturing in Ha.waii required the a-mroval of the rllRB for 

use of the overtime ;orovision "in case of necessity arising from 
emergency or from the character of the work, or from the in- 
ability to obtrin competent labor. " 

(**) These codes were Flat Glass and window Glass, 54 weekly and 14 

daily; Ein^ Traveler, 54 weekly unlimited daily; Auction Tobacco 
50 -weekly, 12 daily; Retail Rubber Tire, 52 weekly unlimited 
daily; and Surgical Distribution 56 v/ee]:ly unlimited daily. 



•35- 



TA^LJL 



19 



Overtinc prcviriioiis for "basic eni^Loyees: nmn'Scr and percentage of codes 
usin-r:; aiic". of e i.roloy ecs covered ."by. tlig gg c odes, "by industry groups 



Industr^' grouo . 


Total 
: codes 


:Codes 
:v;it>i ■ 


Total. , 

ciMplpyr 


: Employ- 
tecs :G.ov- ■ 


■percentace.' 




Codes 


Ennlovees ',■ , 






:over- 


00 s 


':.ere.d 'by , . 


v.'i t "n 


cover.ed "by ■'■- 






: t;ii.ic 


(^t'hOXij- 


;codcs: vdtii 


overt i;no 


these codes 






:-orovr- 


s^k;-v-s). 


: overt ii.-.e- 


provision 








:ision 




'.rr.rovision 






Total 


578 
-" 12 ■ 


22,554_ 
-576- 


: 4_,243 


19.7 


IS. 8 


Metals 


: ■■: -.;28 .■ 


■16.7:. 


.. A q ■ ■ 


llon-iietallic i.iin:-rrjs. 


. ■■ 52 ■• 


; ,■ 12 


i-'S 


: ■ v:'° : ■ .: 


■ ■ 23.. 1^ . 


■-24.3 


Fuel 


5-' 


: ■ — 


, li429 


; - . 


. - .■ 


■- ■ ■ ■ 


Tore st -Trodtct s 


. 17 : 




506 


: . " S , . 


■ 25.5 :■ 


' 1-.-3 ■ 


Ciiei.iicals , etc. 


33- 


: : 7 ■ 


. 2(0 c 


:, .■ .2.5 •■. 


.21,;.2^^ 


11.0 ■ •• 


Pryier ^ . , 


: '-?., 


: . 22- 


■■ 294 


:■ ..■ V 227 ■:. : 


' 68.8 ■ 


77.2^' 


Ru"bber 


4 


2 


155 


: 77 


50.0" ■ 


■49.7^- -■ •■ 


Equipment 


92 


11 


1 , 584 


: ".,159 


12.0 


9.4 


Food . ■ . 


■■ :46 


: 2 


■1,145 


: : -,108 


■IS.B --■ 


9.4:.' 


TeEtiles-fa"brics. .- 


40- 


: ■ 2 


..1,025: 


: 38 ■ 


..•■.■. 5. O^'' 


■3.7 


Textiles-a-Q-Darel 


■ 4-5 


; •-■!-; 


596 


; . ■■ _ ■ 


— 


- . ■ 


1 Leather 
Fa'bricatini,', 


11 


: ^■' 


- o09- 


: : . 61 


', ■27.3"- . 


■19.7^ 


52 


:. IS-- 


,-l',250 


:: ■:■. ^■i2-. -. 


■.19.5 


57-.0- 


G-ra-^nic Arts 


, .6 


: 3 . 


.. STS 


: ■ ■::25i... 


50.0 ■ 


66.9 , 


Constr-actio:^ . . 


• 10 


. 1 


.2,565 


:■ . - ■ 8 


' - 10.0 ■ 


-.3 


'^ra,ns"-oi"tat ion , , e t c . 


. 13 


: 5 ! 


. 1,751 


■: ■,1,346 . 


: .-38.5: . 


76*9- ■ ■ . -: 


Finance 


■■ 5- 


:- 2 


3-74 


: • 50 


..■40.0^ 


:■■■ 13.4 


2e creation . ' 


, 5. 


: 


• -459 


; - 


~ , 


■.'.:- ■..■■■ 


Service trades 


12 




354 


: 72 


16,,. 7 


: 8.4 ■ ■ 


'".'holesale 


24 


< l-" 


1,127 


: 538 


20.8 


: 47.7 


He tail 


.■23 


: .4- 


-:4,.779 


I :. • 422.. 


• .,17..4 


:. 8.8" - 


Territorial 


7 


: 2 


■■ 124. 


: ■ 4 ■ 


28.6., 


: ■3.2- • 



C-3neral o_vcrti 
, 4Q-hQ-ur . c ode 



'oy less tna;n--4-0-ho.ur -codes , 
a'nd ir.ore than 40-hour codes 



Total 


578 : 


114 


22,5-54 : 


4,243 .: 


.- 19,7 ■ 


■: 18.-S 


FLess tlmn 4C-hour 














codes 


43 : 


S 


2,179 : 


194 


18.6 


8.9 


40-hour codes 


437 : 


94 


12 , 898 - : 


.. 2 , 535 


:.-1.9..6 


19 . 6 ■ '.■ 


i'ore than 40-hour- 














codes 


- 48- : 


■ 12 


- 7,^477 .: 


1,516 . 


25.0 


■ 20.3 



3. General overtime in ma„jor codes- 



Major codes 
?8rcentaf;e of. to-cal 


72 
12.5. 


13 
.11.4. 


18,539 
82.6 - 


3 , 394 
SO-.O . 


": 18.1 



18-2 



mo: 



* 
Wlaeii codes are weighted "by the number of employees covered, it is 

seen from table 21 that nearly four-fifths of the 4,000,000 employees 
in these general overtime codes were in codes allowing more than 48 
hours, .3,000,000 of these (76.3 percent) in codes with xinlamited weekly 
hours were limited by averaging provisions. About 12 percent of the 
employees in overtime codes were in codes allowing 48 hours and 10 per- 
cent in codes with maximum hours under 48. 

Three codes prohibited an increase in weekly hours but provided 
for da i ly overtime. Shipbuilding (ciS amended) and Boatbuilding (* ) 
have regular hours of ^6 weekly, unlimited daily. When en:ployees 
worked beyond 8 hours per day, they were to be paid for the additional 
hours at time and. one- half . ; Similarly, Secondary Aluminum allowed two 
hours overtime on its normal daily hours of eight but no increase in 
the weekly hours of 40. . ■ , ■ 

Overtime base .- Table 21 shows that four- codes provided for time 
payments on a base less, than 40 hours per week. (**)■ Three of these 
had a daily base also and Rubber Tire had the limiting factor of an 
averaging provision, if averaj^'ing over. 52 weeks is any limiting factor. 
At any rate there. was no large amount of elasticity in these four codes, 
but they covered only 2.2 percent of the 4,000,000 employees in the 
overtime group. Fifty-two codes, covering 30.4 percent of the employees 
in the overtime group, provided for overtime payment, after 40 hours 
per week and 8 hours per day. These two groups, constituting nearly 
on 6- third of the employees under general overtime codes, are what may 
be considered a good NEA standard. ; ; 

At the other. extreme were 13 codes, covering over one-third 
(35.7 percent) of all anployees in the 114 overtime codes, that pro- 
vided for overtime on a base over 40 hours per week. Between these 
two groups in the amount of elasticity allowed, were 17 codes (covering 
13.2 percent of the employees) with overtime on a 40-hour weekly basis 
only, and seven codes (with, less th^n one percent of' the employees) 
using a 40-hour week and 9 or 10 hour day as a base. (** * ) 

Overtime after average; hours . - : . . 

Twenty-one codes covering 18 percent of the employees in the 
general overtime codes, provided for overtime on a dail;'' base only. 
These represent two different situations. lirst there are the three 
codes which allowed only daily increase of hours (described above). 
The other 18 codes allowed a weekly increase of hours but required over- 
time payraents only after 8 h o urs per day (17 co des) or 10 hours . 

(*) Hours in Boatbuilding are longer during half the year (counted as 
a peak period), 

(**) Envelope, 35 weekly/9 daily; Bubber Tire, 35 Pipe Nipple, 35/8; 
and Fur Dressing, 35/7. 

(*** )Printing Ink, Cry Color, and Chewing Gum, 40 weekly/ 10 daily;, 
Mayonnaise, Peanut Butter, Packaged Chees, and Coffee, 40 weeil-dy 
9 daily. 

9803 



87 



o 
cxj 

n 

< 



sepoo XBtaoiiT JJsjj t- cm 






eepBj;; exBs exotic '^ "^ "^ 
3epBj;i eofAjes j;^ ^ f\i 



aof *B8aoeH 


u^ 


' 


eOUBtTfJ 


LTN 


CO 


Ta'B^JOtisaBJi 


f<^ 


in 


uox^OTi,msuoo 


o 


H 


SCtOB O-fttd-BJO 


vo 


rr\ 


Sn-f^BOXjqBj 


CM 


VO 



o 

U 

a 

.. £ an J puB asmB8^ 

B 5) 

c 

>,t. teJBddB-SGXTi^cax 

I'd soTJqBj-sexT^xej, 



O-H 

^ n 
d o 

«Q 
8«H 



pooj 

:^ueI^dxnba 

jeqqnH 

aadBj 

'Oq.s 'sxBopnGTio 



2 g^ s^onpoad ^eeaoj 
■ B 



O (3 
iH 

GO 43 

»< S 

Q O 

o 

■g 

o 






o 

4:1 






o 

J- 



CO On 

J- 



CM H 
ON H 



CM CM 

rCN CM 



KN 

c-l 



CVJ 



CO 
t- 



o 

On 






a 

o 
c 
o 
to 



4:> 



4i 



I (M I 1 K^ I 



I I I I I 



ir I I I KNOJ 



I I ( I iH 



VO 



-s ^ 



I I I H H 

I H CM I iH 



I I I KN I 

KNO I I to 

I I I CM rH 

I I I I I 



O^^ I iH CM I 



IINH iH I J 



iH rH I I 



101 I 
CM 



I I I I I 

H ir\ CM KN H 



CM CTNXO t— O 
CM-* rH CM 



to 

C 

U 



■p * 
on * 

® CO ra 

o-:t t* CO. 

» J- 

(. O 

§ o /S ti 

S TS O 

B C CX3 > 



s § 

K O 

© ^ 

•a -a 

<D o 






I CM 

I J 



IT 



I I I I (M CM 

I CM I I CM J 

I KN I CM I ir 

I i-H iH I I CM 

I I I I I 

I I I I nl CM 

irj I H CM I CM ir 

I I I H I 



CM 



K- 



K^ H CM I I I «■ 



I I I I I 



I CM H I I K' 

I C~-(MvO H NO 



I iH I iH I 



I J-UNCM rM 



J-CM iH J-KN 
mCM CM rH 

as 
•d 

ti 

<D 
Qi 



H H 1 


H 1 CM 1 


H KN 1 


rH H H rH 


KNCM 1 


1 H CM 1 


rH rH 1 


1 1 H 1 



I I 

J<0 I 
CM I 



f-lTNOJ 



KNCM KNH 



1 CM i-l 


KN 1 rH KN 


ODOO 1 


CO J-O H 


CM H 1 


CM rH CM Ol 



1 CM rH l/NH 


o> 


f-CM 1 


CM H ^-H 


rH NO CM Cil 1 


H 
H 


HO . 


iH KNO rH 


rH rH 1 1 1 


CM 


CM 1 1 


; W 1 CM 1 


rH J-ITNH H 
rH 


Ri 


H H 

CM 


NO 1 rt IfN 

CM 


1 J- 1 KN 1 


c- 


C- 1 1 


NO H ir\rH 


1 H H rH rH 


J 


CM CM 1 


KN 1 _d- 1 



CM t~- J-NO 
ITvH CD H 



m 



o 



o 
~ CO. 



^ 



a 



P1^ 

•w O 0} ® 

O * ID >> (O ft 

4^ n » (H s 
— ti -a n 

o o o ^ p 
o ^ a. IB a, o 
n ft .d 

don » 
^ J- 



o p o g 



« ti - ^ - 

B o ^ o 43 .. 

•H "O ;3 © 

JJ CJ o o > 

(, P _d-co ^ o 
© 



H 1h «-l 

a! -H fH 

4J ^ =!^ 

O 4J j3\^ 

—-00 

C C o 
©00© 

4J 43 

•CJ TIJ OJ 

^ d t< 
a 
ti 
-. o © 

B e fl 

43 -H -H +3 
t< El Eh O 
© 
> 

O 



> o 

O -H 

(4 n 

ft -H 
> 



in 

© 



B 



O 

f< 

ft ■« 
4-> O 

O tO-H 

d u 

^ »H © 
+3 60 ft 

S t. At 

© a 
© > © 
y rt ft 
d 

© XI ^ 
t. 4J 43 





f. 




© 




ft 












"t>> 









c 


■o 


© 





bO 


"H 


U 


f. 


© 


© 


B 


ft 


© 



«H © 
ft 4i 

© o 

t.r 

^ J3 
43 *> 



s s s s 



4:1 

• «H 

d ^ 

■d rH 

3 d 
& ■a » 
u 



£82 



■H s d 

© »H 

t< O rH 

[i.-d-'H 
CD 

o m > 

•H t, © 

4^ e (< 

© 43 - 
so© 

O 0] 

P — cS 

q o 

•H^ in 

o © 

43 tS KN O 

•H fi 

a ^ Tj •« 

•H t-, C KN 
rH rH 0\ 

■H ^ 

^ 0? OC 
•-> ■oN,rH 

a fi-* !^ 
•a p ,0 

o n 
43 JS © CM 

O O O rH 

XI i-l O 
43 rH 

& « 

n n © 

^ © © B 

o 73 xJ oJ 

3 P o 



00© 
c c d 

M M O 



* <al^l oi 



9803 



-88- 

(Domestic Freight ron7ardin;'^) . This means that no pcna.lty rate was 
paid vfhen the ove'rtiine hours -jvere v/or]:ed on Satiorcay. 

Five codes included in those, \7ith overtime Dases of more than 4-0 
hours a Y/eeh provided for overtime paj.rraent after average hoTirs were 
exceeded. Picture Lfoulding, for instance, provided that: 

"Employees may he iDeroitted to \7or]z in excess of the 40 
hours averaf:e over a four-v/ee"" vieriod (hut not in excess of 48 
hours in any one veek) provided that employees shall he paid at 
least one ana one-third time their normal 'vvage rate for all hours 
A7orl;ed. in any one v;eel:.in excess of the 40 hours average period 
provided herein or for hours v/orlced in excess of eight in any 



one day." 



TJiEhS 21 



General overtime provision for hasic emplo3^ees: number of 
codes and numher and percenta^^.e of emploj'"ees covered hy 
codes vdth s.iecified provisions 





Humhcr 






Detailed provision 


of 
codes 


Employees 




(thous3,nds) 


: Percent 


Total 


114 


4,243 


lOOiO 


Maximum weeJ-ly hours: 








Under 43 


22 


426 


10.0 


43 


49 


501 


: 11.8 


Over 48 


6 


77 


1..8 


Unlimited 


37 


3,239 


76.5 


Overtime hase (ho-ars): 








Und-er 40 


4 


94 


: 2.2 


40 per i^7eek, 9 per day 


4 


17 


.4 


40 per ¥/eeli, 8 per day 


52 


1,287 


30.3 


40 per week, 10 per day 




7 


.2 


8 per da,y 


• 20 


762 


17.9 


10 per day 


1 


3 


.1 


40 per week 


17 


560 


13.2 


Over 40 per week 


13 


1,513 


35.7 


Overtime rate: 








!Pime and one-third 


: 67 


2, 635 


62.1 


Time and one-half 


: 45 


1,373 


32.3 


Other rate «/ 


: 2 


235 


5.5 



a/ 2 codes, each ha.ving both 1 l/3 and 1 l/2 

Overtime after S hours per day is sinple, hut how ahout overtim.e on 'ly 
weekly hours in excess of the 40-hour average? Would payment for such 
hours he help up ■■jntii the end of four weeks? Gla.ss Container provided 



9803 



,.. ,.r.-j. 



-89- 

that employees ''"shall d4"" paid "overtime at a rate of time and one-half 
for all hours worked in excess of 40 hours per weelr avera£:ed over a 
six-months period". This would seem to he had loi'^^al drafting. One 
wonders how such overtime pajTnents were firured; v/ere they held up 
until the end of the six-months period? 

Threeother codes, Stock Sxcliange , Invcstrae::.t 3a.nkers, and C7rain 
Exchanges provided for overtixne after an average of 44 hours ever four 
months and also after 48 hoiirs per week. These codes clearly provided 
for an adjustment of overtime payments at the end of four months in 
this paragraph: 

"All employees if employed for more than a total of 44 hours 

per wee]c averaj^^ed over a. period of four months, shiall be paid for 
all such excess tine of employrient at the rate of loC- 1.3^ of the 
regular hourly rate at which such persons shall he em.-loyed; hut 
regardless of the calcul£,,tion of such overtimie averaged over a 
four- months' period, all such employees, if employed for more tlian 
48 ho\irs in any one v/eek, sliall he paid for sxich time in excess of 
48 hours at the rate of 133 l/3p of the said regular rate. The 
amount paid for overtim.e for any v/eekly period shall he credited 
on the amount of overtime paid at the end of a.ny four months ' 
period, and in computing the amount of overti;":e to he paid as 
herein provided, the regular hourly r^rte at Tmich any person 
shall he em loyed shall he determined hy dividing the amount per 
week which he shall regul-.rly he -paid hy 40," 

Over t ime ra,te s ♦ - The PHI "oubliciEed an overtime rate of time 
and one-third (for highly skilled v/orkers on continuous process opera- 
tions in very special cases where restrictions of hour wo"ald unavoidahly 
reduce production). This was a reduction of the tr ditionc^l time-and- 
orie-half rate in organised indu.stries. Ttiien the EBA -.insisted upon 
overtim-e payments for hotirs in excess of some standard, the code pro- 
ponents, pa.rticularly in industries v'hich load previously paid straight 
time for overtime, seized upon this time-and-ene-third rate. 

Tahle 2,1 sliows that tine a,nd one-third wa,s specified in 67 codes 
covering 62.1 percent of the Employees in these overtime codes. The 
time-and-one-half rate prevailed in 45 codes covering about a third of 
the employees (82.4 percent). The other two codes had mixed rates. 

Just v/lis.t a rate m.eans in added costs to the em.ployers depends 
also on the overtime base. For instance, 48 hours ?/ith 2^ay at time and 
one-third over 40 houi^s means 50 2/3 hours jiay for 48 hours, an increase 
of 5.5 percent in labor costs for the week. Forty-eight hours with pay 
at iime and one-h^.lf for the hours over 40 -jean's 52 hours pay for 48 
hours, a,n increc.se of 8.3 percent in labor costs. On the other hand, 
in the codes providing overtime on a da.ily basis only, 48 hours per weelc 
with the ex'.;ra eight hours worked on Saturday means no incree-se what- 
ever in the rate of pay. Flat Glass a,nd T.findow G-lass permitted as much 
as 54 hours per week vrith time and one-li3,lf for six hours only (one 
ho.ur after eight ea.ch day) , though normal hours under these codes were 
an avera.ge of 56 over 2 weeks. In the codes •.vhere the overtime base v/as 
higher tlian the basic week, it can be vrell be cuestioned whether the 

9803 



-90- 

overtine r^-.te wotdr"!. be any deterrent. Tlitis Atlilo'bic G-oods v^Mch had. a 
:r.az:.m-a~i, 44-ho-ur .v/eok aver.,{:ec. to 40 hoiirs over 25 yseys , allowed over- 
time u;-' to 43 iibiir?- p:;r v.'ec"": a:id 10 -^Gr dcy r.nd required tir.ie o.nd one- 
third only after 44 and ei£,-it. So also Corr'u,[:'~.ted CoataiT.er rdth a 
ma.xir,iiiin of 45 >io~..irs avera/jed to 40 hovu's ovor- f ive ttob'-s allo-;7ed iir.- 
li'.nited ;'c'.il-;- overtir/ie, ar.d 48 "lOtirs ■■.'3c\:l^.- -ritii ti. = and one-third only 



Overtine and other elr.pticitie s. - T-'clc /:;0 indic-^tes th-^t . eneral 
overtime r^as not tie onl,.- elasticity in ; lany of these codes. Seventeen 
had a. peah perioc" •■■■rovit" i^?^ ; renter ci-ivpticit" tjan the ;\:eneral overtime 
afforded* In Ij of tntse code?, overtime vr-.s to be. paid in the peal^ 
period but after lonfjer ho'ors; in 4 codes no overtime r:xte va-s reqiiired 
diirir.{; tho peal" ]"eriod; in Boatb-uil,, i-v th.e .base (S hoiirs per day) r:;- 
riained the s me br.t weel:ly horjj's v/ere lonf^er in the pea:" period. 
Similarly, 15 codes provided that >''urin£: "e'ner_^:&ncies , greater elasticitj'' 
\ie.s av-ailahlc . In five of these codes, both overtine base and maximiar. 
hourr; \7er.- jDTjsned x!;;:i ; in another five code-j, the overtime base re- 
mained the same but additio::,v.l hoiai"? ^-/ere permitted; in the other six 
codes, no overtivie lis.d to be ;;'aid during "eraeicgency "irriods." In S4- 
codes, /"reat^r elasticity- '.;:.,s y^rovided c'''iirin-r;. eiicr-'cncy reptdr periods. 

As vfitn other code provisionr;, it should be remembered tiiat stays 
and exemptions oi hours cia"ases resulted in overtim.e in codes v/hich 
carried no -l-ener..! overti;.;e provisions. Per instance, the Auction and 
Loose Leaf Tobacco code, as approved Ji^ne 7>0, 1934, provided for an 
S-hour day and a 40-honjjr i^ee^: Tdthout overtime. On Jovember 5, 1?34, 
an Ac'ministrativc Order (*) ranted an ap;-lic:" ticn of the Code Authority 
for a stay of these honjrs ■■^rovisio!':s to a.ll miOmbers of the i'/dustry '-'ho 
Tiould file "notice of i :tention" with the Code Authority* This order 
allovfed ten hovjrs extra vee'rly, fO'Ur extra in any one da.-", "dth overtime 
at time and one-lT;-i.lf for ho\irs in e::cess of ci.£,ht per day a,nd -l-O per 
eh. This i= , of co'orse, 'equivalent to a genera.1 overtime provision. 



T'P_ 



IV. GE:'Ea.; .L d w^t i-j P ho^'i^io^s i" i^.: : aJOR c o des 

The 114 co'-.es havinj.^ a ,pener:..l overtime provision include only 13 
T'ith 50,00'^! or more emrployees. Since the-e 13 codes covsre.?. 80 percent 
of the eirployees in the 114 codes- T'ita pener.al overtime, the patterns 
of the p-rovision? in tiaese codes vere the domiin-.tiaifj ji^^.eneral overtime 
patterns. As ta,ble 2.-J shovs, there T'as great variety in the provision.s 
of th.esfc 13 codes. Five codes reciuirec- overtime on a v/eehly and daily 
basis; fo-or on a daily basis only (•■■hich mear^s no overtime may for 
Saturd,-.y v'orh vhen it fs beyond the ba':ic weehly a.llo'7pnce) ; and forj", 
on a wer.l-ly basis only, iThich m.GL'.ns no pay for daily overtime until 
the v.'ee!':'& ,quota is exceeded. 

Eight of 'tnese major codes lir.ited overtim.e hours by averaging. 
Furniture allowed a v/eekly tolerance of five ho-jxs over its basic 40, 
but provided that it must be absorbed in an avera.^'p of 40 hours over 



(*) A m.ini^tiX-tive Oi^cor, LP Id-V, Codec of r.'.ir Comyioticion, Vol. 
XVIII, p. 594. 



-91- 



26 weeh"s; Hubber Tire, a tolerance of Fix ho\7.rs over the "basic 36, 
.^.'bsoroecL in the ye'ir's s:-'veT%\e of o ; and Paper and Ful-^ , a toler;incc 
of e irht ho''jrs over tne basic LO, absorbed in a quarterly average of 
4-0 hours. Truching, H'o\.LSoh.o].d i-oofs Storage and "^ovin':, Graphic Arts, 
Leather, and G-raln '":^:c-r^.n^e■;; Iv " n^^ riririiMi v/ee"': during the overtime 
period "but an a-vcra/.e T-ea?.: varyin.5 from 40 hours in J6 wcehs in Leather 
to 5-1 hours in t\/o i=/ee"::s in Trucking.- and House"nold Goods Storai^je and 
Moving (lon^-di stance mcvin,). 

As has already 'been e::oiained, Shi " uuilding allowed daily overtime 
after S hoi-rs "but vjee:;ly hotirs no lon-'cr tno.n the normal 56. Real 
Estate Brohera-ge stretched its worhin., Vv'ee"': ei;\ht hours ydth overtime. 
Wholesaling , Ja'Dricioted Metal Products, and P.etail Solid Fuel 2:.ut no 
limit "'hatevcr on the hcujrs to "be Y.for.:ed. Ifnsther the overtime rate 
v<;as an;;" deterrent deiDendod on circurastances . 

TASH] 22 



Genera,! overtime prov i sions in najo r codes 
:Ovor- 



Ccde 



378. Truching* 
301. ^loles'aling 

3S4. fa"bricated iietal 

Products* 
...SO. Retail Solid ""uel=' 

'iE?. Grauhic Arts 



1--5. Furniture ej 
ISO. Paper 3:.iC. gulp 
359. liousehold Goods 
Stora,ge* 

392. Heal Estate 

Eroherage 
174. Itu"b"ber lire 
2 . Ship'bui Id i ng 
31. Leather 
~-iPS . Grain E:Lch:',nj:es 



Emu 1 03^- 
ees in 
t'xious- 
ands 



1,200 

460 



413 
346 



19S 
128 

130 



70 
75 
55 
52 
50 



ti.:;e 
rate 



1 1/3 
1 1/3 



1 1/2 

1 1/3 

(1 1/3 

(1 1/2 

(2 h/ 

1 1/: 

1 i/'3 

1 1/0 



1 1/3 
1 1/3 
1 1/2 
1 1/3 



Over-time base 



Week 



iia: 



48 

40 i 

(40 

(43 a/ 

(40 S(4 mos, 

(43 8(8 mos, 



(40 
(- 



8c/ 
8 



48 



40 
36 

40 



^Codes marhed * provided additional flexibility in a 
■J 4c ■'ontil the peak period alloy/ance of 32 houjrs ove 

up , then 40 hours . 
3/ Tv7o divisions provided 

division provided for 



Ma.ximum hours 



Per 
wsel" 



45 

U 



48 
42 
55s/ 



Average hours 



Per 
vfeel 



(48 
(54 



40 



40 



48 



40 
44 



;nj]-nbej 
weeks 



13 



26 

IS 

2 
2 



52 



l7 



1 1/-^ 



Tor 1 l/S o 
"ided for 1 l/2 or 3, 
providect for 1 l/2. (see taoie 12) 
Eour divisions provided 40 T;ee::ly/ S d:;..i 
(8 hours). (See ta/olj 12). 



eak period. 

time in 6 months is used 



lichever vrcevailed locally. One 
ichever u'evailec. locally. Three divisions 



rnd tv/o divisions 



'3a.ily base only 



?80c 



-92- 

d/ In the Trade Houiitiu; and xinis-iiii;!, division the lAaxinran hoiirs allovred 
aro 43; others 

ej This coc e providec also t-iat uasic conloyees vov\:l\\.^ on a shift all 
or pa.rt of v/hich occirrod .nftor V-. P.M. or Ijeforc 7 A. I!, ^-'ero to "be 
paid tine ana onc-ii;.].i. 

f/ In Ion;, distance moving;, uf in Trucidnj', , ho'jxs '^ferc to "do averaged 

to 54 in 3 wee.'rs an^ d8 in 4 vceh's;' ivi local moving, to 48 in 2 v/ee'''s. 

^ liero the gen^r-'l overt j..,:a allov/ec was daily - not v/eehly. 



-93- • : ■ 

V. THE DECLINE OF GENERAL OVERTIME PROVISIONS 

A. general overtime provision' appeared in 16 of tjie first 100 codes. 
24 of the second 100, and 35 of the third 100. (See table 23). Ihis 
third 100 included 14 of the 22 Eaper codes which dominate the overtime 
provisions. Then the use of the overtime provision fell off - to 17 ' 
and 11 in the next two 100 codes and lO of the last 57 codes. This 
might seem to indicate a dissatisfaction with general overtime on the ' 
part of the Administration. Labor was, of course, vocal in code negotia- 
tions in protesting overtime provisions as interfering with the Adminis- 
tration's reemplo;\Tnent aims, but no general NRA policy developed as' a 
result. ■ . .. 

The trend of the use of general overtime is no doubt obscured by the 
inclusion of three different t.^/pes of provisions in general overtime; 
(l) overtime in connection with averaging; (2) definite provisions for 
exceeding basic hours at will if a penalty rate is paid; and (3) in- 
definite provisions for exceeding basic hours during some undefined 
period with overtime payments. The falling off in the use of overtime 
payments, probably reflected the dissatisfaction of the Administration 
with averaging' provisions ana the growing popularity of definite peak- 
period provisions. {*) Certainly the 52 codes with general overtime ■ 
and averaging provisions came relatively early in NRA - ll(**) in the 
first 100, 13 ^each in the second and third 100 codes, with only 14 after 
code 300 and one LF code. ' ' 

VI . Sm^'MARY; THE 'FROBLEM 07 G-ENERAL OVERT It; E ■ 

The NRA undoubtedly introduced the payment -of penalty [Dvertime rates 
in industries v/hich had not before paid such rates. It also introduced 
a new compromise rate of one and one-third, covering alm.ost'. two-thirds of 
the employees in the overtime codes. Whether this tirae-and-one-third 
rate resulted in> working old employees overtime or hiring new ones as 
lorged by the NRA' might well be the subject of a special study. (***). • 

One-fifth of the approved codes covering slightly less than one-fifth 
of the employees under codeis contained a 'general overtime provision. The 
details of these provisions were of great variety wi.th the following pro- 
visions occuring in the largest number of codes ; maximum weekly hours, 
48 (49 codes), overtime after 40 hours per week (76 codes; 52 of these, 
40 per week and 8 per day) ; overtime rate, 'time and one-th(ird in: 67 codes,. 

G-eneral overtime was used .less frequently in the major codes than in 
the smeller codes. Even so the major codes dominated the overtime pro- 
visions when expressed in terms of employees covered. As with the 

(*) See chapter III, Section IV and chapter V, Section I, 

(**) T?ra others of the 16 in the first 100 codes had averaging provisions 

until they were amended. 
(***) In normal times an overtim.e rate even up to time and one-half would 
not be a significant deterrant because it would be cheaper than hiring 
part-time workers in a somewhat .restricted labor market.. During the slack 
time of the NRA period, however,' v/itn' iinlimited op'portun'ity to hire part- 
time workers at base rates, overtime rates probably were a signific-ant 
deterrant . 






o 

•S sBp-eaq. aiT3saxouji 

CO 

o 

uiiT^'eaj:oa"ti 

•H 

aougtix^g; 

•oq.a 
'■aot q.-Gq. J J Isu-sJi 

uot:).OTu:ctsuao 

sq.JY oii{c.J8J:-3 

^uTq.^30XJ:q•B^g: 

j:rLj pu-t3 .j:atrq.T3ai 









s 
o 

•H 

•H 
> 
O 

Pi 
■H 



•0 xaj:'3da'B-s3XTq.;:ai 

■H 

^ soTj:c_-ej:»-s*XTQ-^3iI 



c\j ra 



•H 



EH 



pooi 
q.uaudxTi'bs 
jaqflTTil 
ja<fe(i 



CD 

o 

(D 
U 

u 

o 

° •oq.a 'sx'^otaaqo 

•rl 

2 sq.0Tip0Jci q.sajoj[ 
5p 



o 

•H 

• H 
> 
O 

Pi 
(D 

a 

•H 
4J 
^H 

> 
O 



(L) 



Xa^i 
sx'Bq.ar! 



o 
o 

o 
w 

o 
fH 



gs'js 



r~- c\j 



LT 



C\J CM 

H 



H 



o 



OJ 



LT 



VD 1^ . t C\J H I I I 



to 



J- 
5 



M 
^ 



C\l 



C\J 






H 



1^ 
I 

cr 

rH 
H 

OJ 



OJ 



i^ 



1^ -=t- 
I 



Lr\ 






C J 



CVI OJ 



to 

r— H 

m H 



nJ 

C 
Ul PI 

o a 
■^ tj 
o 
o ^ 

rt . 

4^ += 

O tP fn 

''-:. > 
o o 
o 



1 I I 1 1 CVJ 

I I rH H r-l rH 

I rH H I rH I 

I I I H rH I 

I I I I I I 

H rH I I I I 

I CO H H I H 

I 1 I H I I 



^-t^^ H CM H 

Cvl H 1 I I I 

I t t t t I 

I I H H I I 

I t OJ OJ rH H r^ 

t~0 I^ rH OJ rH r-f 

I H I H I t 



H^ ^ OJ It 
rH 



r-{ I ^-^ rH rH rH 

I rH r^ I t I 

I I I I I t 

P--^^'- I r-i OJ OJ 

rH I H I t t 



•<0 ^- r-'^ t~~ M O 1^ 
H OJ ^■■^ H H H 



rH 
I 
I 
I 

OJ 



H >-< 



10 

aj 
I 

rH 

OJ 
H 
OJ 
VD 
VO 
K~ 
I 

H 

H 

I 



\ r-{ r-\ H 
III! 

t OJ rH I 
OJ OJ KA I rH I 



'H H 



to W 

o o 
o o 



O O O ^- 

O Q o u^^ 

o o o o 

-P += +^ 4- 

r-i r-\ H r-^ 

O O O O CO 

OJ K>i J- L.A <U 
nj 

in m m in o 

(D Q) CD o 

'd rd rd .d 

o o o o n, 

O o o o H^ 



M O 
si o 

•rl H 

ri o 

0) 

!=> ■-! 

'ci a) 

Pi -d 

«3 o 

o 



OJ I I I 

till 

t 1 I H 

1 1 H t 
Hill 

1 rH 1 rH 
iH 1^ OJ I 
rH I C\J H H 

I I r^ I 
till 

r^ h-> 1 rH OJ OJ 
I 1 I 1 I 1 



i-l H H 



O O O O r- 
o o o o ir-i 



r-\ 



ur 



OJ 



OJ 
H 

I 

to 



1 H 1^ 



O 
H 



H 
rH 

H 

1 

H 

C\J 



(\J 



1 1 I 1 I rH 1 

! 1 rH 1 H H 1 

1 rH rH OJ H I 1 

1 I I rH ,^1 I t 

1 t 1 1 1 I I 

1 I 1 1 1 I I 

1 rH I 1 rH H 1 

I 1 1 H I I I 

1 1 I I I I 1 

OJ OJ rH H H H I 

1 rH I I I t I 

1 I 1 1 1 I 1 

1 1 H 1 I 1 I 

1 I rH OJ H H OJ 

OJ K> H rvl rH rH I 

I 1 I 1 t 1 I 



I H CM OJ H I I 
H 



1 1 rH I I I I 

I H 1 I I 

1 1 1 I 1 

1 H I 1 1 

H 1 H I 1 



i-r> rH O rH r-VD CM 
H OJ H 



o o o o o 

4^ 4J -(J 4^ +3 

r-\ r-\ r-\ i~\ T-\ 

O O O O O W 

H OJ ro,3^ tr^ 0) 

m m Vi m ui o 

(D 0) 0) (D Q) o 

■"d fd tJ nd "d 

o o o o o Hi 

O o o o O ^i1 



4J 
■ri 

tr. 

CD 

n 

•H 
4= 

u 

> 
o 



o 
o 

H 
M o 

S 4= 
•r) 

t,2H 

Co 

U m 

<D 0) 

> ni 

cS o 

o 



o o c, o ^- 
o o o o f-:'. 



g^l 



CM K\^i- Ln in 
o o o o o 

4^ 4-= 4= 4^ -4-^ 

H H H H H 
O O O O O m 
H OJ p'-^,-; LO c- 

m m m m m o 
CD 0) 0) 0) 0) o (v^ 
"d ^ nd 'd rd o 

O O O O O Py to 
O O O O O hH C^ 



.- -95- 

averaging provisions, the provisions in the major codes - largely early- 
codes - v.'ere looser than the MRA norm. Thus the 37 general overtime 
codes allowing -anlimited weekly hours covered over 3 million employees- 
more than three times as many as the 71 codes permitting- 48 hours or 
less. Moreover, the codes paying overtime on the most strict NRA stan- 
dard - a "basic week of less thr:n 40 ^ hours (4 codes) or after 40 hours 
per week and 8 hours per day (52 codes) - covered only one-third of the 
employees under general overtime provisions. The other codes, providing 
for overtime on a weekly tase only or a daily. "base only, or on 40 hours 
weekly and 9 or 10 hours per day, or on a weekly "base higher than the 
basic week, or on an average week, all perijiitted considerable overtime 
work without any penalty pajmaent whatever. ' . •■ 



9803 



iiLACTICITY Hi IIUJRS 3uIIIj.7G SPECIAL PEPJODS 

The niOL:t popi..lp.r iPtnod of £ec':.ri;ig plariticity in the hours pro- 
visions seenc to h-^ve been the provisions for stretching raa::ira-ain hours 
during spsci:'.]. periods, Hr.li of the approved codes provided for lqng«r- 
thaii-normal-hours for hasic employees durin{j a "oealc of seasonal period. 
In addition, 78 of these .?90 codes -orovided peak periods for some 
additional group of employees on a ciifferpnt hasis; '39 codes V7ith no 
pea^c periods for "basic employees provided for a peek period for some 
specisJ. group of employees; and 103 codes provided for longer hours in 
"emergencies, " This chapter will njialyze these Epecia].-pericd provisions; 
p.rA the folloning chapters vdll consider additional special-period pro- 
visions for office uorkers and for emergency repairs, 

I. OHiaiH OP TIIE ?i;.AJC-FEHIGI) PHGVISIOK 

The PEA T'-'ceJ lent, - The first -pesk period a'oprov-^d by the Admin- 
istration i^as included in the President's Hoerai^lo^T.ient A^^s^'^snt (July 
SO, 193E): "Hot to employ nny factory or nechanical r:or]cer or -rtisan 
more than a ncV:iriiLm week of 35 hours until Df^cember 31, 1935, hut with 
the ri:~ht to work a m.'^r r. imi-un we s k of 40 hours for any rdx ^'eeks within 
this 'oeriod . " This pe,?ic-period provision w^.s eli:ninated "by Executive 
Order Gctoher 3, 1933, from -^.j-reenents for "signature hy emploj^'ers on 
E-Jid after October 1, 1933", when a six-weeks pepk would have covered 
half the weeJcs the Agreement w,g to r^in. 

Precedents in e a rly codes , - The first code to oe ap'iiroved with a 
pealc-pcriod provision './as code llo, 4, iDlectrical i.Ianuf acturing (approved 
Au;gust 4, 1933), This was :i very indefinite provision that: 

"These limitations s.hall not apply to those airqnches of the 
electrical m.^jiu;T .acturing industry in which seasonal or peak 
demand pla.ces an unus'ual ??jid temporarj;- burden upon such branches; 
in siich cases such number of ho'urs na^^ be worked as are re- 
quired by the necessities of the situation, but at the end of 
each calendar month ■'very employer shall report to the Admin- 
istrator through t.he Board of Governors of National El^'-^ctrical 
i.Ianui'acturers Association, in such detail as i?a^'- be required, the 
the number of man-hours worked in that month on account of 
seasonal or pee-k-denand requirements, ■^nd the ratio i-'hich said 
mon-hours be,ar to the total number of man-hours of Labor during 
said month, " 

Code I\fo, 5 for the Coat aid Suit Industry, approved the same day, 
provided that "ilo overtime is permitted except that the Administrator 
may grant ,an extension of hours in the busy season v,'hen and if, in his 
judgment, labor in the Industry is fully employed and conditions malce 
such an order advisable," This also V7a,s indefinite but it was well 
safeguarded; as a matter of fact, the provision was never used. In the 
amended code for this indiistrv, approved August 20, 1S34, peak periods 
were limited to si:c v.'oeks in any season of six months. 

Other errly pealc periods -.ere in code IJo, 3, Legitimo.te Pull Length 

9803 



-97- 



Dramatic and ?/aisical Tliaatrical-Inr'.-astry, ( a-T-' roved A"U(;^^;ust 16, 1933) 
?;h.icli provided t;iat the 40-hour vjesk for actors "slia.ll not "be bind- 
ing dxirinij- rehearsal -periods"; (*) ".nd C, Lxmber and Timber Products, 
approved three days later. (**) Code No. 11, Iron and Stell, approved 
the same day as Lumber and Timber, ['provided- triS.t; 

"As dsiis,nd for the -I'Vod'Acts^ of the industry and, 
• therefore, for labor shall increase, hours of labor 
for em;ployees in the industry must necessarily in- 
crease; but, insofar as practicable "and so lont:' as 
eiir->loyees qiialified for the work required, shall be 
available in the, respective localities where such 
work sh£>,ll be repaired and having due re/^-ard for 
the varying demands of the cons'dmin,v and processing 
industries for the respective products, none of the 
■ members of the code shall cause or "lermit any em- 
ployee to' workat an averat-;e of more than 4Q hours 
per week in a'ny ;s-ix months', period or to work more 
than 48 hours or more than G days in a."ny one .i.veek. " 

This provision seems s.lnost meaningless but it is here inter- 
preted to mean an indefinite peak period not absorbed in the 
average of 40 ho'crs per week over six months. 

Cod.e Eo. 12, Photographic Manufacturing, approved the same day, 
contained the first provision for a definite number of overtime 
hours per year — 144 hours for "divisions of the Photographic 
Manufacturing Industry, in which seasonal or ;:ieak demand places an 
unusual and teiinorary burden for production \"ipon such division." 

The first code with a peak period limited in weeks was 
code ITo. 27 (***) for the Tsjrtile Bag Industry, approved Septem- 
ber 18. This provided, "hov/ever during peak seasons not to exceed 
8 weeks in any one year., err[cloyees may work not more th^an 48 hours 
per week." This was the -pattern most frenp.ently followed in the 
subsequent codes. 



(*) The amended code for this industry, approved October 22, 1934, 

limited hours during rehearsal periods to 8 consecutive hours per 
day, "one hour of v,-hich shall be free time for lujich or dinner." 
These limitations were relaxed "during the la^st 7 days of rehearsal 
and a,fter the first -public -ierformance"-here called a.n em.ergency 
period. 

(**) See Chapter III, Section I. , 

(***) Code ITo. 25 for the Oil Suiiaer Industry, approved the day before 

had wh^t ?moijjited to a., .peak period, ond is tabulated as such, but it 
was st3.ted as max.im-Qia 40 hoxirs with .an s.verage of 32 hoiirs during 
the period Jan"aa.ry to -J-Jiis and maxinuim 48 hours v/ith an a^verage of 
40 hours during the period Jvly to- December, for ma-nufacturing 
operations, ■ , 

9803 ' ■■ • 



-93-- 

Increasin:, "jo'^ularit:.' of ")eslz '?eriodc . - 

Altogether, the first 100 codes contained 58 provisions for 
peak periods, see tabic 24. The proportion increased in subse- 
q'j.ent codes, vhile the proportion of codes ^rith averafjint pro- 
visions vvas decreasinp. real: periods occtired in 46 of the 
second 100 codes, 4i3 of the third 100, 60 of the fourth 100, 51 
of the fifth IQj, a,nd .11 of the Ir.st 57 codes. 

II. JisT:ii3'^ici: c? ?::ai; pzjods, by i:tijust?j g?.ou? s 

Tatle 25 sho77S tha.t peah periods vrere used in every industr;/ 
^roup, exceptin^; Fuel, tho^^ih in different proportions. Lore than 
half of the codes in the followini, £,ro"a?s utilized this means of 
elasticity: Metals, Forest Products, Chenicals, Equipment, Lea.ther, 
Fahricatinj^, Finance, T.'holesale a.nd Hetail; in the Food, Hu'b'ber 
and Apparel ^roiips ahout hialf of tne codes liP.d this provision. 

The total errployaes in codes rith peak periods constituted 
47.8 -oercent of all the erxployees ■ujider codes. Tlae proportion 
varies from group to i^Toup - 0.1 -percent in the Construction 
codes to 98.5 pex-cent in the Forest Products codes. In the follo?7- 
in^- other -^roups, more tlian three-qnarters of the erniiloyeesvBre 
in codes rith peak periods - Lietals, Chemicals, Leather, Transpor- 
tation, Finance, Retail Trade and Territorial codes. Three other 
groups, Itifbher, Zq'oipment, and Faoricating, h^d 50 -percent or more 
of their employees in peak-period codes. 

III. ZXTF-'T OF FIASTICITT IF ?ZAi: PFHIODS 

Hoy; much elasticity did these peak periods &ive to the in- 
dustries? Tnst will loa.ve to he answered in terms of the length 
of the peak period, the n^xinr^om hours allo\7ed ^v:urin;~ the neak, and 
the requirements for overtirae ^ay. 

Length of the peal: -ieriod .- The peeJ: perio's varied from trro 
';7eeks per year in Tohacco Fistrihution (Wholesale and Ftetail) and 
three vjeeks in Setail Mgat and Alcoholic Beverage Tnolesale to 
35 weeks in Inland 'JJater Carriex", Coal Lock, and 3etail Solid 
Fuel. Some codes specified not only the n'jmoer of Tjeeks hut 

th^e particulai' montlis or seasons covered. Sciie specified con- 
secutive -.Teeks, others "any six vreeks." In addition, 13 codes 
h^d an i'ndefinite peak period. (*) A fev codes had different 
provisions for peaks at different times of the year. Thus Feed 
allowed 10 reeks at 44/9 hours i.7ee?:ly daily (rithout overtime) 



(*) Thr.t numher ro'O-ld he larger hut for the fa.ct tjiat all indefinite 
provisions for lon;,er liours rhen needed to :aeet Teak demands 
or "■"hen skilled enploye.-^s .are not -availaole" are co'onted 3.s 
genera.1 overtime provisions if the extra ho'ors rere connensated 
at a ;^enalty rate. See Chapter IV, Section III, 



9803 



OJ 



m 



o 
o 



O 
o 



•H 

m 

<D 

o 
o 



o 
a 



o 
o 

^( 

•H 



■ O 

•H 

•H 
> 
O 



o 

•H 
fn 
O 
ft 

03 



aa-p'CJ-q. Ii«4eH 

sap'JJtg. ax'ssaxoiui 

sap-ejcq. aoiAjas 
uoTq.'Bajoau 

■ ■ aouBUT^ 

•OT.a 'uoTq.Jc^Jodsu'Bjii 

; uoi^oTU,q.suoo 

sq.j:~t? ottfd'Eji-o 

j-nj 'puB jiaqT-Bai 

•[a J'lJcicT'e -s a i't q-xa i 
soTj!:o_'3T:-saxTq.xaj, 

pooi[ 

q.-aatiid"t:-nbg;.» 

jaqq-aii 
jadBd 

•oq.8 'spao.Tuiaqo 

sq.o-npo.xd q.'S3j.o^ 

OTxiBq.api-u.opj 

sib:; an 

r^^^o.i 



ra 

(B 

o 

o 

O 

to 

u 



* 


"■ ^ 


« 














-99^ 


















r— 


OJ 


t 


I 


1 


1 


rH 


M 


1 






rH 


J- 


OJ 


r-\ 


r^ 


OJ 


1 


OJ 




H 


OJ 


f^ 


r-H 


^ 


rH 


1^ 


H 


N", 


1 


rH 


H 


H 


I 


1 


1 


L^ 


iH, 


rH 


I 


I 


1 


1 


1 


1 



LPv ■ K^ OJ 



r^ . ^ rH t OJ 



to 



OJ 









\r\ 



OJ 



I I 



O OJ 



OJ 



OJ \i^ rH 

C^ 'vD» « rH 



OJ 



en 

rH 



cr\ 



r-i 



I-— 



OJ 
rH 

H 

rH 



OJ 

Th 

I 
I 



r^. ^ 



rH 

I 

OJ 

H, 



OJ 
I 



rH 



\sr\ 



I 



r-^, 






1 

I 

OJ 



I I 



I I 



o 


. (\\ 


1 


I 


I 


I 


r-\ 


rH 1 


rH 


0,1 


1 


1 


I 


1 


I 


OJ 1 


OJ 
CO 


1^ 


to 


t/J 


rH 
rH 


rH 


I- 


^ 1 


rH 


h- 


H ■ 


tH 


1 


C\J 


^'^ 


t 1 


\r\ 


OJ 

a; 


Lf^ 


jj^ 


^■ 


U3 


C\J 


H 1 



r^\ ^ K^ OJ 



I 
I 

I 
! 



VD 



to 


o 


to 


wo 


Lr> 


o 


rH 


rH 


CTi 


h- 


CTi 


r-^ 


J=f 


^- 


UD 


VD 


1^ 




ir-, 


o 


















■ -H 




o 


o 


O 


Q 


l~- 






rl 




o 


o 


O 


Q 


m 






. o 


O 


OJ 


^'^ 


J- 


IJ^^ 


LT^ 






P! 


O 


















rH 


o 


o 


o 


o 


O 






I,J 




+3 


4^ 


4J 


+^ 


+^ 






'R 


o 
















o 


+5 


rH 


rH 


r-\ 


rH 


rH 






ft 




o 


O 


o 


O 


O 


03 


m 




H 


rH 


OJ 


to 


J- 


ur\ 


(D 


Q 


,a 














rd 


rri 


^^ 


w 


m 


tti 


W 


W 


m 


o 


O 


.H 


Qj 


o 


« 


a 


CD 


a 


o 


o 


t~- 


rd 


Ti 


rd 


^ 


'Ti 


■d 








o 


6 ■ 


o 


o 


o 


o 


Ph 


rH 


m 


o , 


o 


o 


o 


CJ 


o 


1-1 


c3 


■ OJ 
















-P 


'i_> 
















o 


o 
















EH 


■^ 

















3803 



■■ -TOO- 
' Table 25 



1. peak periocl provisions for l^'-sic em'^loyees: 
numlDer r.nc. p.r,rceata/-,e of coces -asinr and of 
eraplo'/eep cov^.reJ- "by tliese coces, "b-'- inc.ustry groms 











Em :lo/ees 










Codes 




Coverec "b r 
Codes ■■ . 


Per cen tare 




Codes 


Employees 






v'i til 


Total 


vvitl. 


v;i th 


Covered 




Total 


Peck 


E:r:."lo /ees 


. Er-£,k 


perk 


Idv These 


Industry C-roup 


Codes' 


Perioc. 


(Tliourands) 


periods 


periods 


Codes 


Total 


578 


.'?90 


22,554 


10,773 


50.2 


47.3 


I.Ietels 


12 . 


7 


575 


471 


58.5 


31.3 


L"on-i.:etallic 














niinerals 


52 


IS 


■i4C 


63 


30.3 


15.2 


Fuel 


5 


- 


1,433 


- 


- 


- 


Forest products 


17 


9 


606 


537 


52.3 


33.5 


Chemicrls, etc. 


33 


13 


223 


182 


57.5 


79.3 


Paper 


32 


7 


234 


55 


21.3 


12.7 


Kuloter 


4 


2 


155 


78 


50.0 


50.3 


Equipment 


32 . 


5S 


1,584 


883 


71.7 


52.4 


Food 


48 


25 


1,146 


557 


52.1 


43. S 


Textile falirics 


40 


12 


1,025 


74 


30.0 


7.2 


Textile aprjarsl 


45 


22 


936 


271 


48 . 3 


27.2 


Leather 


11 


7 


309 


236 


53.5 


7 3.4 


Faliricatin^- 


82 


53 


1,250 


851 


61-, 6 


60.1 


Gr-^.phic arts 


• 6 


• 2 


375 


13 




4.8 


Construccion 


10 


2 


2,565 


2 


20.0 


.1 


Trans jort at ion, i 


;tc. 13 


4 


1,751 


1,405 


30.3 


30.3 


Finance 


^) 


3 


374 


325 


60.0 


85.9 


Hecrention 


5 


1 


459 


10 


20.0 


2.2 


Service trades 


12 


3 


354 


398 


25.0 


46.5 


■■(liolesale 


24 : 


15 


1,127 


373 


52,5 


33.5 


Petal 1 




13 


4,773 


3,737 


56. D 


79.5 


Territorial 


7 


2 


124 ■ 


115 


28.6 


9'^.7 



2. Peak perio.'., by less than 40-hour coaes, 40-hou.r coces, 
and more than 40-hour codes 



Total 
Lesi; than 40- 
hour codes 
40-hour codes 
More than 40- 
hour coces 



Major codes 

Percentage of 
total 



: 573 


290 


22,554 


10,773 


50.2 


47.3 


: 43 


24 


2,173 


645 


55^8 


23.5 


; 437 


250 


12,338 


4,333 


51.3 


37.5 


; 48 


16 


7,477 


5,245 


33.3 


70.1 



3. Pea!-: perioc. in major cot^es 



72 
12.5 



50 



TO. 



13 , 639 

82.6 



3,838 
33. 



41.7 



47.4 



9803 



-101- 

and another 10 v;eeks at 48/9 uith overtime after 44 ho-ars. Bottled Soft 
Drink allowed 15 weeks at 44/10 and six weeks at 54/10. Small Arms prov» 
ide for 12 weeks at 48 unlimited daily and an additional (*) 15 weeks at 
48/9 with overtime over 40/8. 

As shown in table 25, the m.ost frequently excepted period was 12 
weeks annuallj?- in 115 codes; this may he said to follow the pattern set 
hy the PEA. However, 12 weeks of pealc period anntially mav mean one 12- 
week period a.s in ¥arm Air Furnace; two 6-week periods as in Machine Tool; 
four 3-week periods as in 17ood Turning and Shaping; or twelve 1-week per- 
iods per yep.r as in Plijunoago Crucible. Two 6-week periods occurred most 
f requentlji^. These 116 codes with 12 weeks peak period were sm.all codes, 
covering altogether only 7.5 percent of the employees in the 290 peak- 
period codes. 

Pifty-o~-ie codes had peak: periods of less than 12 weeks, 13 of them 
under six weeks. These short peak periods would undoubtedly interfere 
little with the reemployment aims of the Administration, but this cannot 
be said for bhe longer peak periods. These short peak periods included 
several of the major codes; the 13 codes with "oeak periods londer six weeks 
covered 25.5 percent and the 38 codes with six to 10 week periods, 12.6 
percent of the emplo^^ees in the pealc-period codes. (See table 27). 

Sixty-six codes, covering 13.6 percent of the employees in the peak- 
period codes, allowed peak periods of 13 to 24 weeks annually and six al- 
lowed 25 weeks or more. Oil Burner and Boat Building had 26-week peak per- 
iods; Small Arms, 27 weeks, and the other three, a 35-week peak period - 
April to December. It is to be said that these six codes employed only 3.9 
percent of the employees in the peak period codes, and that most of them 
covered industries having definite seasonal demands. 

Codes with definite overtime tolerance .- Thirty-eight codes, covering 
9.3 percent of the employees in the peak period codes, lirait-ed the excess 
hours to be worked during three, four, six or 12 months, instead of the 
weeks in which the regular hours could be exceeded. These provisions - 
if interpreted that each employee could use un his excess hours in diff- 
erent weeks - would involve complicated record keeping and would probably 
be verjr difficult of enforcement. However, the actual extra hours were 
not excessive - less than 50 per year in one code, 50 to 100 in 23 codes, 
100 to 150 in 11 codes, and 150 to 200 in three codes. If used eight per 
week these hours would allow the rajaivalent of a 24-week peak period in 
Sli6.e Pastener and Drop Forging a.t one extreme, and 5 weeks in IMsic Pub- 
lishing at the other extreme. 



(*) The code as it went to the President for approval contained a general 
overtir.3 provision: "Provided further that any employee at the 
request of the employer may work additional hours beyond these spe- 
cified provided such additional hours shall be paid for at the rate 
of time and one-half." Tlae order approving the code stated "such 
hours sha,ll not be availed of in more than 15 weeks in any year, nor 
more than 48 in any week." 



98C3 



102 



SGpoo n'TJOrif jaej, r- cy cm 



k, 



eq.aB oxqdBjo 
3trf ^BOiJqB^ 





diij pire .ieq^.Be^ 


. -p 




^1 


XejBddB-BeXTl^SiL 


^1 




K-H 






so-fjqBj-eGtTixej; 




pooj 


55 




1" 


q.u9mdTnba 


w at. 


aeqquH 


ABLE 
lo am 
led p 


asdBj 


^sa 






•0^9 'BXBO-paexio 


£- 






s:ionpoad ^ssjod; 


^1 


lety 


s^ 




*§ 


otlT^^eia-noii 


■3" 




o eg 


STB^eH 


-g 




o 






TBlOi 



o 
■p 

to 



01 o 

a -H 

o t. 

«-» © 

a p< 



o 



CM KN 

CO ir\ 



^ CM 






00 m 
-d- CM 



CM ^D 
ON M3 



J- CM 



KN ON 
KN H 



00 o 

f- On 

in CM 



OS 



n 

» .a 

13 -P 

O rt 



01 

+> 
o 



I I I I H I CM 



>ovo rrvcM I <H I H »^ 



BepBJi exBSexoq^ J- m ir 

SGpBJ^ GOfAjeS CO NN re 
H 

uoxq.BGaoea ir\ r^ m 

GOUBUfd m KN ro 

uox^Bq-JOdsuBaj, kn j- _d 

uoxq-oiumsnoo o cm cm 



mvo ro I H I I IT 
H 



I I I CM I H I to 



I I I I I I iH 

I I i-i -^ I I rl 

I H I H H I H 

I I CM I III 

I I I I I CM I 

I vO J-O H CM I 

CM H ri 

I rH I in I H I 

I rn_d-o I JtH 

I CM CMMD I CM I 

H J- C-rH I I CM 



I J-O-d- CM inH 



I I II I CM I 



I \0 I I H I 



NO C-CM I CM CM 



I H KSKN I H r-i 



I I I I I 



I iH 0^^^ I _dTH 



NO I I I 



KN CO NO NO NO CO KN 
H KNf-iNO tOH 



■-< 
rH 

as 

Ei 
01 



o 

Tl 

F4 n 

9 
01 3 



O 



aNO iH A! CM Ai 



(D 



o 



o 

El 



1-1 t. 

o ID CO e -P » 

•a 
^ fi • CM m\o 

4J O NO rH (H CM 

a) 
c 

s 



3 1=^ 



© -H 

■p ^ 



H I I H I CM 

I I CMONCM t- 

H KNf-CM CM m 

CM I I 1 1-; 

I I I H 1 H 

KN) 1 I CVl I H I 

rH I I iH CM I 

I I CM I I I 

H I H I I I 



KNJ-O I NO 

J- 



H 



CTNiH CJN I KN C- 



rH CM CO I H CM 



in I -d'rcN f^ 

i-l 



(JNCM o I in J 
in 



I I CM I I 

I I r- 1 I NO 

mm o I H m 
1-1 

CM CM in I I rt 

I I I I I I 



I iH m I CM 



O -d-O CO t- tH 

o 
d 
o 
g 



01 ^ C 

(D "H 

Q< t< 

a) lO 

bO P< ffi 

C a 

•H ID t, 

tj t. o 

3 pi 0) 

■a o a 

CO 

t< CO ra 

si u o 

O R 

S C°3 
B f3-d- 



"O tl o 

fl T3 

01 <D 

tiCO *i 

10 1-1 

CD > tJ 

-d-o o 



s 

s 



K- 



I I CM H 

I I C^ NO 

I CM I^N O^ 



I I 

ininH 

I I rH 



f^ KNC- 
I _d I 



iH CM KN 



01 
O 

to 

S 



1^ "^ 



■O n 



B t. 

•H t.\ O 

H O o) 

Q 

n n CO ^4 
o 

>>C0 CJN rH 
rH 



IT CO C^ 1 



I H 1 NO 



III (M 

I I NO 
KNCM I 
I I rH t- 

III I 



O ON I 
H CM 



-d-CM 1 
KNt— I 

in 



c-inH 

CO CM 



a 



Hi © 

C^ -p 

CO 



01 

U 

•a 

«H rH 
J3 0! 
•P R 



t 



(D 

K) C C 
COO 
•H 

t< -d "O 

•H C C 

3 OJ OJ 



£< a E 



rH Eh Eh P 



I CM rH to, 




I »<NCM H I 



I O J-CM I 



CM incM -d- [— 
-d- 



I I CM I I 



r- I r- I I I 



rH O KNH CM 
H 



t~- I _d I H CM 



I^ I CTnCM I CM 



m I _drH I 



K^_d C7NCM O CO 
rH rH CM '<^CM H 
CM r* 



Sff* S 
Ol Qj 

U si 
4300 
> OJ- 

ol 

CO tH 

H 

0! -O 

^ «; 5 

O a> p 

0) I 

bO tl ; 





0! K 

0) 

t. E 



"O -H ^ 

^ s 





fi 
4J 

tH 

O 



U) • 

oj O 

t, bO 

oJ 
> t. 

01 

> 

H Ol 

tl S 



6 CI 



o © 



01 CJ 

OJ d 



KN hod 




bO 
d 
tl 
© 
■ > 
• d 



^ 



a >>.p 

d •H 

-d E 

» »H 

tirH 

tl © 

a tl 



t» 

o! 



rH tl Jj 

01 P © 

-P o © 

o ^ S 
+3 

o u 

i*_d © 

o p. 

B 

n 01 n 

01 fl f< 
.Q -P P 



CQ 

S 01 

•H 
-P iJ 

t. 



> 

o 



-o ^ 
X^ g 

© A 
© B 

S 01 o 

.0 rH 

tl 4J 

* 

a © ON 

tl 

o o . 

S CO 



KN 



^|5 

"O 

^ © o 

■P ^ .D 
•■P t. 

in o 

•n B n 

I -H e 

ol 

o ••' 

t>> 0) 

tl tl 

03 4J p 
© 01 O 

■p n 

B-d 
<M -H d 
o Si 



V 



© 
r-* 01 

•a 

B «H o 
MOO 



^5 

^« 
fl © 

•H,Q 
_ tl 

■d O 

© Vi 
.O^ 
t. 01 

o 

01 01 

^& 

o 
msi 
tl 

PTI 
o 
.B-P 

»H 

©•H 
+>rH 



rHj3 

B-P 
P-r1 

Ckn 

•H ••. 

^ >> 
t. 

CM+1 



> 



9803 



-103- 



TABLS 27 



Peak-period provisions for "basic employees; 
momber of codes and num'ber and percentage 
of employees covered by codes with 
specified provisions. 



Provisions 



:"ber 
: of 

;codes 



Employees 



Numter 
(thousands) 



Percent 



Total v/ith pealc provision 

Length of peak (neeks annually); 
Under 6 
6,8,10 
12 

13 to 24 
" .26 or more .. - . 
Limited annual overtime hours 
Indefinite period '■ 

Macinrum hours during pead«: ■ :. 
Under 48 per -week .;-. : . 
48, ahsorhed in a,verage 
48 and no. average, ;, 
Over 48 • • 
Unlimited : - . 

Total requiring overtime payment 

x;:- Base :(in hours): 

Less than 40 per week 

40 per week, 8 per day 

40 per week,- no daily limit 

More than 40 per week 

8, 9, 10 hours per day 

Rate : _ . . 

Time and one- third 
Time and one-half .-•■; 
Douhle time , 



290 



lO.WS 



100.0 



: 13 


2, 745 


25.5 


: 38 


1,358 


12-. 6 


: 116 


813 


! 7.5 


: 56 


1,465. 


:. 13.5 


: 6 


425, ■ 


! 3.9 


: 38 


1,002 


9.3 


: .13 ; 


. . 2,965 


: 27.5 


: 44. ; 


895 


8.3 


: 20 


.. 833/ 


: 7.7 


: 178 


1,710 


: 15.9 


: 17 


3,754 


:. 34.8 


: 31 < 


: 3,580 


: 33.2 


: 213 


3, 644 


: 100.0 


: 14 


184 


5-.0 


: 129 


832 


: 22.8 


: 32 


330 


: 9.1 


: , 20 


1,897 


! 52:. 1 


: 18 - 


401 


■ 11. 


! 

: 87 


1,818 


49.9 


:. 125. 


: 1,726 


47.4 


: 1 


100 


! 2.1 



9803 



-104- 

In addition, three codes T7hich 'had definite peak periods limited the 
ntunber of overtime hours to "be used in these periods. The Upholstery- 
Spring code allowed 64 overtime hours per year - 32 in each of its tuo 6- 
week peak periods; the Covered Batton code' allorred 120 hcurs in its one 16- 
V7eek period; and the Laundry code, 30 hours in each of its four 6-v7eek 
periods. 

Indefinite peak periods .- Thirteen codes are tabulated a.s having had 
peak periods of no definite duration. "These v/oiild seem to allon great 
elasticity. Perhaps they should not be called peak periods, but there 
seems no other appropriate classification. They v/e re not general over- 
time, for except for Fertilizer, they did not prescribe overtime rates, 
and in that code, normal hours ■Co'uld be exceeded only in the "planting" 
season. They vrere not averaging provisions; seven of the codes included 
averaging, but except for Fertilizer and Luraber and Timber, the pealc 
periods were outside the a,verage hours. In the L'omber and Timber code, 
the averaging provision n&s specif icalij'- limited to sections of the indus- 
try having seasonal operations, defined as "those -nhich on acco'unt of 
elevation' or other physical conditions or dependence upon climatic factors 
are ordinarily l3.mited to a period of ten months or less per year." That 
code really provides for 48 hours per treek for a peak period up to 43 
weeks and'unemplpyment for the other 9 'weeks of the year. 

Since these,' 13 codes covered 27.5 percent of the employee's in the 
peak-period code.s, their provisions merit special examination. "Five of 
these thirteen codes provided tliat the" peak period was to be determined 
by the Coie Auth^ority and' approved b^^ 'the Administrator'. It would then 
become a definite period.' These codes" are Merchant and Custom Tailoring; 
Trucking (approved in advance by a regional Code Authority); Fishery (for 
special holiday periods); Chinaware and Porcelain; and Cigar Majiufacturing. 

Three codes' defined the period vei-y loosely: Legitimate Drama, 
"Rehearsal period"; Fertilizer, "planting season"; and Hat Manvifacturing, 
"spring and faH seasons. " . . ■ ' 

The other Qodes in this group had very loose p'roviions. In 
Electrical Manufacturing 'there was no limit on the length of the period 
or on daily or weekly hours worked in any branch of the industrj' enjoying 
seasonal or peak demand; merely a requirement that the "necessary" hours 
were to be reported to the Administrator. 

Chemica^. M^n'uf ac turi'ng seemed to have year-ro^und hour's provisions for 
"divisions 0:^ the Chemical Industry in which season or peak demand places 
an unusual and temporary requirement for production upon such division", 
an average of 44 hours over 13 weeks compared with an average of 40 over 
17 weeks for the rest of the industry. 

Iron and Steel, as indicated earlier in this chapter, seemed to 
allow unlimited hours when "employees qualified for the work required" 
are not "available in the respective localities" and to meet "the varying 
demands of the consuming and processing industries. " 

Savings, Biiilding and Loan provided unlimited daily and weekly hours 
(not absorbec". in the regular average of 40 over 13 weeks) when "peak de- 
mands or Federal or State examinations place an unusual requirement on 
any association." 
9803 



-105- 

iv: aj:im\-un veelcly hours durin^^ -peak periods .- Table 27 shows that forty- 
eight hoTirs per week '.vas the maximxim allowed in a large majority of the 
codes - 193 out of 290. However, these codes covered only 23.6 percent 
of the employees in the 290 codes. T\.'enty of these codes fiirther limited 
hours "by requiring that the peak period hours "be at)sor"bed in some average 
hours - that is, made up "by short time at some other period of the year. 
In Chemical Manufacturing, Dry Color, s.nd Oil Burner, hours during the 
pealc were to "be absor"bod in a new average, higher than the normal average, 

Forty-four codes, covering 8.3 percent of the employees, permitted 
less than 48 hours per week - usually 45, and three of these codes re- 
quired that the overtime "be a"bsor'bed in the average hours of the industrjr. 

Excessive elasticity in maximum hoTirs v/as limited to 17 codes permitt- 
ing maximum hours over 48, and 31 codes permitting unlimited hours, "but 
these two groups covered respectively S4.8 and 33.2 percent of the employ- 
ees under these codes. Only five of these codes with unlimited hours had 
ar^y limit through averaging: Special Tool and Die, arr average o^^ 48 hours 
durir^ the 8-week peak period only; ffliolesale Fruit and Vegetable, an 
average of 48 d^'oring the two 3-week peek periods; (*) and Trucking, a ne\f 
average of 60 hours over two weeks. In the Chewing G-um and Laujidry Machine 
codes, the unlimited weekly hours during the peak periods had to be absorb- 
ed in the general average of the industrjr. 

Daily Limits During Peak Periods .- Sixty-eight codes limited the 
daily houj-s during peak periods. The lov/est daily limit was seven hours 
(49 hours weekly) during rehearsal periods in Legitimate Drama. Sixteen 
codes provided for a daily limit of eight hours; one of these. Blouse and 
Skirt, had a normal 7-hour day, so that the 8-hour day permitted a daily 
hour of overtime work during the peak period. In the other codes, the 8- 
hour da.y tended to throw the overtime to Saturday work. Beet Sugar permitt- 
ed peak-period hours of 56 per v;eek and eight per day, which definitely 
meant seven days per week. 

Twenty codes limited daily hours during peak periods to nine hours 
per day and 31 codes to 10 hours or more. . In this la.tter group are includ- 
ed five Retail codes with dailjr hours, daring pealc periods, of 9 or 10, 
depending on the hours the store elected to sta^"" open. The longest daily 
hours specified were in Hotel, 11 and T7holesale Presh Pruit and Vegeta.ble, 
1?; this le.st code had \mlimited weekly hours during the two 3-week peak 
periods. 

Peak Periods and Overtime Pay . Two hundred and thirteen of the peak 
period codes safegioarded their peak-period provisions by overtime payments, 
but these 213 codes covered only one-third (33.3 per cent) of the employees 
in the peak-period codes. (**) One hundred tv'enty-five codes specified 

(*) The normal hours in this code were a flat 48. 

(**) It is interesting to note that the TTashing and Ironing Machine code, 
when approved, contained a provision that "Not later than February 
1, 1934, the Administrator shall determine what rate of overtime pay 
shall be paid in this Industry on the basis of statistics on overtime 
hours worked in the Industry to be furnished by the Industry to the 
Administrator not later than Januaiy 15, 1934." Amendment I, April 19, 
1934 prescribed time and one-half for the indefinite peak period overtime 
hours allowed in the original code. Codes of Fair Competition, Vol. 
X, p. 419. 

9803 



-106- 

payment for overtine hours at. time and one-half, 87 at time and one-third, 
and Needlework in Puerto Rico required double time. It is interesting that 
the time and one-half rate v/as proscribed more frequently for peak-neriod 
payments though time and one-third v/as more frequent in general overtime. (*) 
Hovrever, there vrere more emploj'-ees in the 87 codec with time and one-third 
(49.9 per cent) than the 125 codes (47.3) v/ith time and one-half. 

The most frequent overtime base was 40 hours per ^Teek and 8 hours per 
day (129 codes) but these codes covered onlj- 22.8 per cent of the employ* 
ees in the 213 codes. Tlriirty-two other codes required overtime after 40 
hours per week; three of them, after more than eit-;ht hours per day; the 
others provided no daily overtime. These 32 codes covered 9.1 per cent of 
the employees receiving overtime during the peak period. In fourteen codes 
with 5 per cent of the employees, the overtime base v/as less than 40 hours 
per week; but in 20 codes with 52.1 per cent of the employees, it wr.s more 
than 40 hours per week. Ten of these latter codes had a general overtime 
provision, with overtime payments beginning after 40 hours (after eight 
hours also in six codes and 10 hours in two codes). During the peak period 
they required overtime after 48 hours (excepting Dry Color where the overtime 
base was 44 hours weekly and 11 daily. In these codes the overtime pajnnents 
during peak periods could not be e:cpected to be any considerable deterrant 
to the use of the peai-period elasticity. In 18 codes with 11 per cent of 
the emplo3^ees the overtime base during the peal: period ^.'as eight, nine, 
or ten hours per day - a basis which meant no overtime pay at all when the 
overtime hours were worked on Saturday. The majority of the employees in 
the overtime codes (52.1 per cent) were in the 20 codes paying overtime on 
a base higher than 40 hours per week. 

Peak Periods and Other Elasticities .- It should be said that some 
codes did not hsve peak periods because they had general overtime provis- 
ions or averaging provisions and did not need the elasticity afforded by 
such periods. In fact some codes which \7e have classified as having gener- 
al overtime provisions mentioned seasonal or pialc demands as one condition 
which would justify the use of the overtime provision, (**) Other codes 
particula,rly in the Textile Fabrics group, avoided peak periods because 
of the desire of the proponents of the code to limit m.achine hours and 
thus limit production. These codes secured such elasticitj'- as they need- 
ed in longer hours for special groups of employees. 

(*) See Chapter IV, Section III 

(**) Por example, the Lime code (amended) stated: "The maximum hours shall 

not apply to: Persons engaged during any period in which a concentrated 
demand diall place an unusual ox temporary burden upon production 
factilities, or to meet seasonal or peak requirements or production 
emergencies; provided, however, tha,t aja^r employee so eraplo^J'ed shall be 
paid not less than one and one-half times the regular wage rate for 
all hours worked in excess of 40 hours in any one week, or eight hours 
in any 24-hour period, and provided, further, that in no event shall 
the total working hours of any such employee so employed 

averaged over a three-month period exceed 40 liours per week." This 

is not counted'as a peak-porlod code. 



9803 



-107- 

Seventeen codes had iDoth general overtime and peak periods, relaxing 
their overtir 3 provisions in the peak period. In eleven codes this relax- 
ing took the form of raising the overtime base; (*) in Boat Biiilding, the 
overtime base (eight hours dailj;-) remained the same but weekl^r hours were 
extended from 36 to 44 per week; in Household Goods Storage and Moving, 
the maximum hours changed from 48 to unlimited, and overtime base from 
eight hours to 48 and 8, ^ Four of these codes with both general overtime . 
ajid pepk-period jjrovisions required no overtime during the peal:: period, (**) 
Twelve codes with general averaging provisions had peak periods not absorb- 
ed in any average. Four '(***) had a new average in the peak period - varying 
from Dry Color with an average of 44 hours over (6) vreeks to Trucking with 
an average of 60 hours in (2) weeks. 



an emergencj'- period 
discussed later in 



Fifty-four of the peak-period codes provided for 
allowing greater flexibilitj'- in hours. These will be 
this chapter. 

IV. FSAK-PERIO'i) PROYISIOFS lU THE I.IAJOR CODES 

Ta.ble 28 summarizes the peak-period provisions in 30 major codes. 
Since these codes covered 82 percent of the emplovees in the peak-period 
codes, these 30 peak periods were most significant. Three, of these were 
loose provisions with indefinite periods and three we're to be determined 
by the Code Authority. (****) Five others were indefinite as to period 
but had a definite limit of overtime hours per year, varying from 64 in 
Fabricated Metal Products (*****) to 192 in Gray Iron Foundry. The other 
major codes had peak periods varying from three vfeeks in Retail Meat and 
Alcoholic Beverage Wholesale to 35 weeks in Retail Solid Fuel. 

The influence of the maj.or codes has already been seen in the \7eight- 
ing of the codes by niamber of emploj'-ees affected "by certain provisions. 
Table 28, in comparison with table 25, shows the code provisions which are 
looser than the "KEIA. standard." For instance, almost three-fourths of the 
peak-period codes provided for payment of overtime, buc the proportion was 
less than half in the major codes. Only one-sixth of the peak-period codes 
permitted maximim hours of more than 48 (including unliirited hours, but 
three-fifths of the major codes allowed 48 hours or more during peak periods. 

(*) The 10 codes with general overtime after 40 hours mentioned above 
and one 35-hour code. 

(*) Secondaiy Aluminum, Chinaware, Upholstery Spring, ajid Trucking. The 
provisions in ChinaWare were indefinite - to be determined by the 
Code Authoritj'-; as determined they might have provided for overtime 
payTnents. ' ■ ; 

(***) Chemical Manufacturing, Dry Color, Oil Burner, Trucking. 

(****) See 'Sec. Ill of this Chapter. 

(*****) In this code the peak period merely changed the overtime base from 
40 to 48 until 32 hours were used up each six months for "employees 
engaged in the processing of products of the industrj?- and labor 
incident thereto", 48 hours for other employees. Employees night 
work overtime at any time provided time and one— half was paid. 

9803 



.."108- 
TA3LS 28 



Pealc-period provisions in the -najor codes—' 





Eraploj'-- 


•Total 


ivIaxiCTXTi 


Absorbed 






Code :ees (in 


\7eeks and 


hours :■ in 






: thou- 


periods 


duri ng : ave rage 


Basic 


Overtime 


: sands) 


annually 


TjeaJc : of 


hour s 


base 


■60. Het. trade : 1,843 


5 (2) 


48/9to: 


40 to 
56^1 


— 


• 




56/lOb/ 




278. Tracking : 1,200 


To be 


Unlimit- 


'-, 60/ ^ 


54-2 v/ks. 




• < 


determin- 
ed ', 
6 (2) 


ed 


(2 ^7ks.) 


48-4 A7ks. 


— 


282. Restaurant : 609 


52.8 to 












59.4/U 


- 


48-54i/ 


: 48 to 54 


9. L-uin"'ijer and 




Indefi- 










timber 


563 


. ; nite 


48/U 


40/52 


40 


: - 


182. Hetail 














Food 


440 


5 (2) 


56/10 


- 


48 


: 


11. Iron and 




Indefi- 


Unlimit- 








'Steel 


420 


nite 


ed . 


: - 


: 40 


: - 


84. Fabricated 














metal pro- 


- 




Unlimit- 








duct si/ 


413 


64 hours* 


ed 


- 


: 40 


48 


280. Retail sol- 






Upilimit- 








id fuel 


546 


35,(1) ,, 


ed,„,,. 


— ; , ' 


, ■ 40 


: 48/8 


4, Electrical " 




Indefin- 


Unlirai.t-., 


. ■ . . 






rnaniifactg. 


329 


ite • 


, ed . „ 


- ■' "' 


' -35 


; 


47. Banlcerji : 


300' ■ 


IS (1) 


48 /U- 


• - 


: 40 


; - 


121. Hotel 


291 


6 (2) 


50/11 


' '_ 


■ 54 


: - 


281. Laundr^,^ 


233 


24 (4) 
120 hrs.* 


45 /U „. 


— 


: 40 


— 


44:.Bobt ■& Shoe; 


206 


15 (2) 


45 /u,' ; 


■ ' _ ' 


40 


: 8 per, day 
: '-ej 


303. Fishery 


200 


To be (" 


' ■„ ■ 


: - ^/ 


90-2 wks. 






deterra'd 










( G. New England' 














fisheries 


. r- 


:6;(i>.\\^ 


'48/10 


- 


■ 48 


: 


H. Nen England 




Indefin 
itef/' 










Sardine 


— ■ 


6o/io£/ 


;, ■■ - ■ 


: ,36 


: — 


J. Mid-Atlfji- 






44/8 








tic 


■ - 


7 (ll. < 


54/11 . 


: - 


• 45 


: 9 per day 


L. 11. W. ti . ! 


. 












Alaska 


- 


il3 (1) 


• 48/10 . 


• 


48/S 


! - 


540. Retail 














Meat eJ 


123 . 


3(1) 


56/U 


: - 


• 48 


: 48/10 


399. Household 












goods 






■ ■ ■ '■ . ' ■ ; 








storage & 


: 




Unlim- 








Lloving 


.120 


8 (2) , 


ited 


: - 


48 


: 48/8 


196. Wholesale 






■■',.•■ ,' ,;. ,■ 








food & Gro. 


113 


• 5 (2) 


• 52/10 


: - 


44 


: 44/9 


101. Cleaning & 








• , ',' 






dyeing 


1x0 


il8 (2) 


: 45 /U 


■ 40/25 


40 


; - 


474. r e e dl e^i o rk 






■ . • ■ 1 ■ 








in Puerto 














Rico 


• 100 


:7i2';iours* 


,' 46/10- 


: - 


40 


: 40/8 



9803 



-109- 
TIABLE. 28 ..(Cont'd) 



Peak-period provisions in th6 'major code ^- 



a/ 





: Eimloy- 


: Total :Maxira-ujn 


l-Ab^sorbed 






Code 


:ees (in 


:T7eeks and: hours 


in 








: thous- 


rperiods : during 


average 


Basic 


Overtime 




: ands) 


: annual ly : td eck 


of 


hours 


base 



547. 


LiachinerjA & 
allied pro- 










ducts 


: 94 


: 12 (2) 


.48/U .. 


■.P18. 


TTiiolesale 
Pruit & veg- 










etable 


93 


: '6 (2) 


U/12 


459. 


Bottled 










soft drink 


• - 93 


10 weeks 
:12 weeks 


44/10 
:, 54/10: 


64. 


Dress manu- 






Unlimit 




facturing 


88 


. 12 (2) 


■■ -M ., 


66. 


Motor bus 


85 


13 (1) 


• 54/u . 


467. 


Cigar maun- 




To be de- 






fact-uring 


84 


• termined 




277. 


G-ray iron 




• 






foiondry 


80 


:192 hrs.-*. 


!.,-,48/U .. 


155. 


Rubber man- 






— " 1 




ufacturing 


74 


80 hrs.* 


4S/U 


275. 


Chemical. : ;! 




:In;def $31-;. 


•I* ■ 1 ■■ 




manufact'g . 


-.68 , 


' -its i .:-. 


•■..48/U ; 


LP15. 


Alcoholic 
beverage wh- 










olesale 


60 


3 (1) 


48/9 


362. 


Photographic 






lUnlimit- 




manufact'g 


55 


144 hrs.:'*' 


.. ed 



48 



-h/ 



44 



40 



40/8 



48 


— ■ 


40 


' — 


-.. 


•• ■•■ 


35 


: 35 


48 _ 


— 


40 


: - 


40 


: ^ -. 


40 


: - 40 


.40' .. 


: 


40 


: 40/8 


40 


: ■ 40 



9803 



• ' ■ ■ -no- 
Footnotes: Tatle 16 - Peak-period iDrovisions in the major codes f^/ 

* In these codes the -Deak t)eriod was limited in terms of additional 
overtime hours per year which may he used in any weeks. 

a/ Two divisions of: No. 301-Whplesaling,; had peak periods also; Fur 
Wholesaling, one of 1*3 weeks with maximum hours of 48 weekly, 
no daily limit and overtime^ at 1 l/s for hours over 40; and 
Charcoal and Package Fuel, one of 26 _weeks with maximum hours 
of 48, "no daily limit and overtime at; 1 1/2 for hours ov.er 40 
and 8. This latter division had tasic hours of. 32 weekly, and 8 
daal;^, with overtime ud to 40'. (See Tajble 12). 

b/ 3asic hours were 40, 44, and 48 depei^ing on the number .of hours, 
the stdre elected to stay ox)en, 56 ir^ retail drugs only^ In the 
treak pe"riod; each group, except drugs, worked 8 hours more. 

c_/ These lieak periods had to be approved i'n advance by the .state and 
regional code authority, and the Adm^-nistrator ;"when seasonal 
demands arise, involving movements of perishable goods, or 
seasonal crops." • : ■ . , 

d/ Basic hours were 48 for fenjales; 54 .or males, with 10 percent 
increase in the :peal^ period. 

ej The divisional code authorities might determine peak pei^iods, with 

the consent of the President, for special holiday perio4s. .When 

so dete.rmined, 'the entries jin these various columns mig^t be 

changed. -. . . . ', 

f./ The peak period was the precessing period. The different overtime 
hours were for male and female workers..... 

• «. . . . J 

£./ The Retail Kosher Meat division Md different provisions. (See 
Table 12) 

h/ Basic hours were an average of 48 over 6 weeks with a maximum of 
54; peak hours were 54, not absorbed in the average. 



9803 



-Ill- 

V. QgHER PS\K PERIODS . " ' - 

Pealc periods for specig.! grou'ps .- As ^as mentioned in chapter II 
(table 10), 59 codes vrhich had no pealc period for hasic employees provided 
such periods for certain employees Por instance, the Men's Clothing code 
provided for a peak iDeriod for "tailors to the trade and mamafacturers of 
•uniforms, the mirnher of horars 8Jid n-umber of ueeks to be determined by the 
Code Authority. " The Banliing code allov/ed "accoionting, clerical and other 
office emploj^ees" 40 additional hours per 3rear ""to cover Christmas,' inven- 
tory, and other peak periods. " Tlie Powder Puff code provided that adult 
male cutters might work 100 extra hours per year but not more thsji two in 
one day or 10 in one week, with overtime pay. The Piano Manijfacturing 
code, provided that employees in the finishing departments might work 48 
hours per week for six weeks each year. The i7itch Hazel code provided that: 

"ITo stillman shall be permitted to work in e:-:cess of 30 hours 
per week during the season of distillation, when he shall be per- 
mitted to work a moj^imiam of 72 hours per week to permit adjustment 
in the hours of work to the requirements of the continuous technical ' 
process in which he is engaged. 

"The term 'season of distillation' means the period when active 
distillation of TTitch Hazel is practicable, which shall not exceed 20 
weeks in 12 months from October first of any year," 

Examples could be multiplied, but the purpose of such provisions, and the 
variety of their terms and of the elasticity involved may be seen from the 
examples given. 

As diown in table 10, these pea]<: periods for special employees only 
occurred in 39 codes in 13 industry?' groups. Only four groups had more than 
(3) such provisions: Apparel with 7, fabricating with 6, Food with 5 and 
Equipment with 4, 

Peak periods for additional employees .- A larger ntunber of codes, 78, 
which had a peak period provisions for basic employees, had a special pealc*- 
period provision for certain other groups of emplo;''ces. It might cover the . 
same period, or a different period. It might be definite as to duration of 
the period or indefinite. For instance, the Fertilizer code provided that 
"during the rush of the planting season", when the basic employees were 
permitted an additional eight hours per week, sldlled men might work as much 
as 20 hours additional, the hours of both groups to average 40 in 17 weeks. 
The Shovel, Dragline a,nd Cra,ne code provided for an 8-week peak period 
"during each successive six months' period beginning with the effective date 
of this code". During that period the basic 4C-hour employees might work 44 
hours with time and one-half after 40 hours weekly and 8 daily; the "hourly 
rated employees engaged in the preparation, care, and maintenance of plant 
and production machinerj-, firemen, stock and shipping clerks, and delivery 
employees" who ordinarilj;- worked 44 hours might work 48 hours with overtime 
after 44 and 9; sjid salaried employees, who ordinarily worked 40 hours, might 
work 43 hours without arx^r overtime pay. The Warm Air Furnace code provided 
that basic employees might work 48 hours "during an;'- 12 weeks in a 12 months' 
period"; office ernplo.yees might also work 48 hours during an^'" 12 weeks of any 
12 months' period, but their hours over the year had to averg^e no more than 
40. The Railroad Special Track Equipment code e21owed peaks for basic and 

9803 



-112- 



office employees at different periods; the former might v;ork 48 hours for 
any six weeks in cuxv six months' period with time and one-half after 40 and 8; 
the latter, however, might work up to 48 hours in any one week in any calendar 
month , with, no provision for overtime pay. 

As shown in table 10, these perk periods for additional employees 
occurred in 78 codes in 12 industry groups. Half of them were in three 
.groups: Equipment with 16; Fabricating, 12; and Pood, 11 such provisions. 



d 



^1 



9803 



-US- 



TABLE 29 



Other peak periods in major codesa/ 





Emploj'-- 




Total : 


;Average: 








ees 




vreeks " : 


Maxi-: hours ; 




Over- 


Code 


( thou- 
' sajids) 


Occupations : 
covered 


and ■ 

■oeriods 


mum : and 
hours: period i 


Basic 
hours 


time 
base 


9. Lumber* 


568 ' 


MantLfacturers: 
of \7ooden ' : 
packages for 


^1- 
I ■ 


48 : 40-26 


40 


- 


281. Laundrj-* 


233 


perishable : 
fruif : 
Repair and : 
maintenance 
men, firemen 
& engineers 


24 (4) 
30 hrs. 
over- 
time in 


54 : 


48 


- 


308. Pisherjr 
A. Oyster 
C.IT.E. Fisheries 
H.IC.E. Sardine 
J. Middle Atlantic 


200 ■ . 


Clerical 
Clerical 
.Clerical 
Clerical 
Sales record- 


3 raos. 

26(l).c/ 

12(1)' 
12(1): 
12(1) 


44/9 : - 
44 ■: - 
40/9 :: 
45/9 : 


40/8 
40/8 
36/8 
40/8 


- 


K. Sponges 




ers receiving 
$40 a -week or 
more ■ ; 
Skilled em- 


•12(1) 


48/9 : : - 


:45/8 


; 


445. Baking 


186 


plojrees in. .. 
bleaching & 
packing 
Clerical 
Accounting & 
office 


16(1) 
5(1) 
40 hrs. 
over- 
time 


• 48 ■: 

44/9 : 

: U : 


:40/8 

40/8 

:40/8 


•40/8 
40/8 


15. Men's Cloth- 
ing. 


, 150 


Tailors to 
trrde & Uni- 
form manufa.c- 


per yr. 
1^1 


■ n^/ ; - 


:36/8 


' 


. • 


. - - 


turers. 










16. Hosiery 
543. liotor Vehi- 


130 


"Office and 
clerical 


•12(2) 


: 48 : ', - 


:40/8 


40 


cle Liainte- 


115 


Office and 


2 hrs. 


• 46 : 


44/8 


- 


nance 




clerical 


: extra 








195. Fnolesale 


: 113 


Employees 


2 days 
each 
month 
1 


• 52 : 


•44/9 


44/9 


Food 




concerned 
'nith report & 
inventory 











9803 



-114r- 



(Continued) 







Emploj'- 




Total . 




Average 










ees 




weeks . 


iiaxi - 


hours 




Over- 


Code 




■ ( thou- 


Occupations 


and . 


mum 


and 


Basic 


time 






sands) 


covered 


■oeriods 


hours 


period 


hours 


Base 


101. 


Clernins* 


110 


Repair and 
maintenance 
men, firemen 
& engineers 


18(2) 


53 


48-26 


48 

to 
40 48 


- 


288. 


Daily News- 


106 


Office and 


I^/: 


U ' 


- 


-e/ 




paper 




clerical ser- 
vice ,• & sales 












446-. 


Canning : 


99 


Accounting, 
office and 
clerical 


40 hrs. 
over-. 

time , 
per yr. 


U . 




•40 




459. 


Bottled' Soft 
Drink* 


93 


Office and • 
clerical 


12(12) 


45-9 ' 


— 


40/8 


I ■* 








Employees ex- 


15(1) 


48.^ 


_ 


- 


•- 








cepted from 


6(1) 


59.^ 


- 


- 


- 






; 


basic hours 












54. 


Dref:s* 


G8 


Office, and 
cleri'cal 


. 6(1) 


u; 


— 


35 


40 


401. 


Copper 


64 


Office and 
clerical 


12(12) 


48 




•40/8 





Footnote's: "i^ahle 29 - Other pealc periods in major codes 

■ a/ In co'des markec * the peak was in addition to some 
other peak-period orovision for basic eraplo-rees. (See Table 98). 

b/ Sight hours overtime during four vselzs for any 
perishable crop. ' , : 

c/ During months of October to ilrrch inclusive. 

d/' Peak period and hours to be determined by Code Authority 
subject to approval by Acministrator. , 

e_/ Basic hours 40 to 48 according to r)opulation; adci- 
tional hours in emergencies without pay but to. receive equivalent 
time off. 



9803 



-115- 



Otlier Deal' "pc^riods in t:ie np.,1or codes . ' '■. 

Ivo statistical anal3'-sis is attempted of these additional ajid 
special pea,k period orovisions. Those uhich refer especially to office 
workers v.'ill Tdb analyzed in chapter YI . Table 29 summarises the "other" 
peak period provisions in 14 major codes having such provisions. In 
half the codes these provisions supplemented the provisions for pealc 
periocs for hasic emplo3'ees in tshle 28; in the other seven codes, these 
■>~ere the only peak periods. I.iost of these other neak periods are seen 
to cover clerical T7oricers, though special-product groups rere provided 
for in Lumber and in Iven' s Clothing, and repair and maintenance men 
and allied occupations in Laundrv, Cleaning, and Bottled Soft Drink. 

VI. Efc'LBRGSECY PERIODS 

Code definitions of emen'^encies . 

One hundred and three codes rels-xed hours standards for basic em- 
ployees in emergencies. (*) Emergencies rrere variously defined in the 
codes; the provision fcr "accidents" in Bituminous Coal seems akin to 
emergenc" repair periodr^; (**) and might have been classified as sxich, 
A number of codes mentioned emergencies in the same sentence vith emer- 
gen c;'"-repair situations, as if fhej v-ere something similar but addi- 
tional - for example, G-ray Iron foundry, "in cases of emergency, break- 
downs, etc."; Vacuum Cleaner, "in the event of emergencies endangering 
life or pApertj'', or limiting production." Emergencies for ha,ndling 
perisliable products in such codes as Canning, Fishery, Leather, and Eur 
Dealing rere periods of seasonal supplj'', in some waj^s similar to periods 
of seasonal demsjid, ^ith their provisions that "the employer may put such 
product through the regular process into a non-perishable condition." 
Similar to peal-z periods, too, \;ere the emergencies "occasioned ~oy the 
necessity for the services of s-oecially skilled emplo'^'-ees '7hich cannot 
be cared for by the employment of additiona.l men", provided in such 
widely divergent industries as Tank Car and Pacific Coast Dried Eruit. 
Then there rrere transportation emergencies in TTool Trade and "local or 
extensive catastrophies causing abnormal raortaliti''" in the Funeral Suppl:;'' 
Industr". The Cigarette code, rrhich had a provision for, "emergency 
handling of toba.cco where delay would cause dajnage to the product," 
further limited emergencies with the statement "work regularly recurrent 
in character shall not be 6.efined as emergency work. " 

(*) Still other codes had emergency periods for specia,! groups of em- 
ployees. Eor ew-sjmle, Roofing C-rsJiule provided that when a scheduled 
relief worker was not ava.ilable, continuous process operators might 
work 5S hov.rs per week (with overtime after 48 hours) but not more than 
192 hours in an;'- 4-week period. Three Rubber codes permitted mainte- 
nance crews, engineers, firemen, electricians, shipping crews, watch- 
men, ajid elevator operators to work be-yond their normal 4-5 hours in 
"emergencies" with time and a third over 45 hours. The Counter T'lDe 
Ereezer Code -oermdtted watclimen to work unlimited hours in emergencies 
with overtime after 55 hotirs. 

(**) See Chapter 'III, Section II. ' 



9803 



-116- 



Emergenc' xieriods, hy industry/" groups - As taole 30 shoe's, all in- 
dustry grou-os exce/otin.? Apparel and H'abber allowed :^or some emergencies. 
The n-umber varied from 5.9 percent of the ?orest Products codes to t'.'o- 
thirds of the Graphic Art codes. Hot/ man^'- emplo"ees vould be covered by 
such emergencies is not clear out 37.6 pelcent of all employees iijider 
coder; vrere in the codes having emergency provisions. The r-ercentage of 
emplc'-ees ran over four-fifths in Forest Products, Const nction, G-raphic 
Arts, Leather, Finance and Trrnsportation, and more tnr.n hal"^ in the 
Metals, Pepor, and Recrec.tion groups of industries. The Fo.brics codes 
had less than one percent of their employees in codes ■'ith emergencvj- 
period 'orovisions. 

Hours in emerg-encies . As v/as to oe eripecter" o:^ emergencies, the 
eraergencj'- period '"as indefinite- in all codes. The hours also '"'ere un- 
limited in most cases - 83 out of 105. code-;; (,*);., and- in onl"^ tuo of these 
were the unlimitec^ emergency hours to be absorbed in the average hours 
of the industr?,'. Eleven codes permittee" 48..hpurs :3)p.37.T[eek in emergencies 
and four of these 11 codes further limited the hours bv recuiring that 
the"'- be a.bsorbed in the rverage hours.- Surgical luanufacturing alloT'ed 
54 hours in emergencies due to "epidemic or catastro"ohe '"herein the public 
health is threatened," but reo-aire(?' overtine after 40 'hours or six days 
PiT rreek and ei^rht hours per d-s?/. During the same sort of emergenc""-. 
Surgical Distributing ("hich had basic hours of 40, 44 rnd 48 depending 
on the hours the store reraainec" open and an allowance of- eight hours 
overtime per veelc at time and one-half ) , allc'ec a 20 "oer cent increase- 
in hours, vrith overtime over the normal ''e-2k. Motion Picture Laborator*' 
allo'Jed 60 hours Tieekly in ne'.vsreel departments in emergenc5'- cemands, but 
reruired that these hours be ?osorbed in the average of 40 hours in 12 
'jeeks. Merchant ojid Custom Tailoring allced dail'?-, not '-eekly ove-^time, 
i.'^ith -unusual safeguards: 

"Only for extreme emergenc"- orders, rrhich emergency shall be 
certified inrariting by the consiomer at the time of sale; how- 
ever, in all such cases of emergency work maximum hours per 
week shall not be exceeded. Time and one-third, shall be paid 
for all extra work above 8 hours per day. If any of the emer- 
gency '.-^^"ork is cone on Sunday, all of those hours shall be 
paid fcr at the rate of time ajid one-thiro. A com-olete re- 
port and the consumer' s certification of such emergency and 
such excess hours shall be made to the Regiona.1 Code Committee. 
Prilure to make such report shall be considered a. violation of 
the provisions of this Code." 

In percentage of employees coverec, the hou.r'^. allo'^ed '"■ere as fol- 
io'"' s: 

Unlimited -69.4 

48 ho"ars '.-•eekl:^ ....... 30.1 

Other limit 5 ' 

(*) The Cooking and Heating Ao-ilience code statec it thus: "All clashes 
of emplo^j-ees are exempt from the foregoing hour provisions '"hen an emer- 
gency arises such as a fire, flood, or c3'-clone, or other -on^oredicta.ble 
emergencies, nhich cause ope-x.tions to cease; such exemptions may cover 
the actual number of hours lost tis a, result of such emergenc"-. " 

9803 



-117- 
Table 30 

1. Emergency •period provisions for basic emplo^'^ees: niamber and 
percentage of codes using and of employees covered "by these 
codes, "by industry groups 







Codes 




Employees ' 


; 








v:i th 
Emer- 




Covered 
"by Coc'es 


Percentage 


• 


Codes 


Smplo".'-ees 






gency 


Total : 


with Emer- 


with 


Covered 




Total 


Pro- 


Employees ■ 


gency Pro- 


Emergency ' 


"b-y Tliese 


Industry group 


Codes 


visions 


(Thousands) 


visions 


provisions 


Codes 


'Total 


573 . 


103 


22,554 


8,487 


17.8 


37.6 


Metals 


12 


2 


575 


421 


16.7 


73.1 


Kon-L'etallic ' 














minerals 


52 


.13 


440 


156 


25,0 


34. S 


Fuel 


5 


1 


1,429 


469. 


20.0 


32.8 


Forest "oroducts 


17 


1 


606 


563 , 


5.9 


93.7 


Chemicals, etc. 


33 


10 


228 


107 


30.3 


46.9 


Paper 


32 


5 


294 


193 


15.6 


65.6 


f;u"b"ber 


4 


- 


155- 


- 


- 


- 


Equipment 


92 


. 19 


1,684 . 


. 573 


20.7" 


• 34.0 


Food 


48 


9 


1,146 


371 


18.8 


32.4 


Textiles-fa"brics 


40 




1,025 


9 


7.5 


.9 


Textile s-ar)~al- el 


45 


- 


996 


- 


; — 


- 


Leather 


11 


5 


309 


283 


45.5 


: 91.6 


Fa'bri eating- 


82 


10 


1,250 


160 


12.2 


• 12.8 


Graphic arts 


6 


4 


375 


357 


66.7 


• 95.2 


Construction 


10 


2 


2,565 


2,430 


20.0 


• 94.7 


Transportation, etc 


13 


5 


1,751 


1,470 


38.5 


: 84.0 


Finance 


5 


3 


374 


325 


60.0 


: 85.9 


Recreation 


5 


3' 


459 


293 


! 60.0 


: 63.8 


Service trades 


12 


1 


854. 


100 . 


: 8.3 


: 11.7 


^Tnolesale 


24 


2 


1,127 


97 


: 8.3 


: 3.6 


Retail 


23 


4 


4,779 


103 


: 17.4 


. o 


Territorial 


7 


1 


124 


2 


: 14.3 


: 1.6 



2., Other emergence', "by less than l-O-hour codes, 40 hour codes, 

and more th-an 40-hour codes 



Total 


578 


103 


22,554 


8,187 


17.8 


37.5 


Less than 1-0-hour 














codes 


: 43 


8 


2,179 


1,025 


18.6 


47.0 


40-hour codes 


487 


87 


12,898 


5,714 


17.9 


44.3 


More than 40-hour 














codes 


48 


8 


7,477 


1.748 


16.7 


23.4 



3. Major codes and emergency periods 



2fejor codes : 72 : 22 
Percent of total :12.5 : 21.4 



18,639 
82.6 



7,781 
91.7 



20.5 



41.7 



9803 



-118- 



Overtime Faymentg in Emergencies . Sixty-five of the emergenc"'' codes 
safe^ruarded the tmlimited hours by reauiring overtime paynent for the ad- 
ditional hours* Thirty-four codes, covering 68.9 "oer cent of the emp].oy- 
ees in the 65 codes, specified time and one- third; 30, fcove^ing 24.5 per 
cent, specified time and one-half; and the Dail^r New sriaper Code required 
"the prevailing rote." 

Overtime payments 'were to begin after ei^ht hours per day rnd 40 
per 7;eek in , 24 codes, and after 40 per r-eek '.7ith no daily overtime in 
three codes, Si::teen codes siDecified "over regular hours'", ejroecting that 
the emergency rrould occupj'' groups'v/ho norma-li"" rvorlced different hours. In 
Alcholic Beverage Importing, the overtime base' ';7as 44/S; in Boot and Shoe_, 
45/8 hours; tin 6 codesj 48 hours without en-r d.ailv overtime. 'These eight 
more-than-40-hour-base codes covered 17.6 per. cent of the em-oloyees in the 
overtime-emergenpv codgs. Another 14 codes, covering 30.5 per cent of the 
employees in the. overtime-emergencj'' codes, provided f ojr overtime on a 
daily basis- only. (8 hoy.rs in 15 codes, and 10. in Canneo Salmon), which 
meant no overtime pay for Saturday work. 

Emergency Periods and Other Elasticities . The emergency period was 
often .the culmination of several different va,rietieF, of hours elasticity. 
Table 32 shpws that 16 such perio_ds occurred .in cod.es with general over- 
time, .34 in- codes with averaging .provisions, ,and 54 in' codes v.'ith peak 
period provisions. ; . . 

In five of the codes viith averaging provisions, the hours in excess 
of the average week viere to- be used, onlj'- in ijhe emergency period. (*) In 
two other codes, the emergency period was absorbed in some general averag- 
ing of hours. In these seven codes, the averaging '..'a.s a limita,tion on the 
longer hours permitted d.uring the emergency. The Latuidrj?- rjio. Dry Cleaning 
Machinery code had a 35-hour week; the peak period added 72 hours ever.y 
six months,- absorbed in a six months' averB.ge of 36 hours; the emergency 
period allowed -unlimi-ted hours but they a.lso.had. to be absorbed, in the 
same average of 36 hours in 26 weeks. In Clay Drain Tile i\rormp.l hours 
v.'ere an average of 40 over 25 weeks, not more than eight in any one day 
nor 48 in any one week, but "any employee ma3'- be permitted torork in any 
day or week in excess of the ma-ximitm hours... in the ca.so of emergencies 

reauiring protection of life or property., provided that the total 

hours- wcrked shall not average more than 40 hours per -"eek over any six 
months' period" end. also tha.t hours a.fter 40 per '■'eek be paid at time .and 
one-third. In 27 other cod.es the emergency period was outside the averag- 
ing. . .- . 

In the 16 .codes having ^neral overtime -and emergencv -oeriods, six re- 
Q-oired no overtime payments diiring the emergency -oeriods. In five codes 
overtime v^as to be paid on a higher base during emergencies and in five 
codes, on the same base, but longer hours were allov^ed during the emer- 
gency. • . ■ 

The 54 codes having both -peak-period and. emergency-period, provisions 
typicall-"- allowed 48 hours in the peak: period and -unlimited hours in the 

( *) See Chapter III, Table 15, footnotes c, d, e. 
9803 



-119- 



TABLE 31 



Emergency-period: niimlDer of codes and number and 
Toercentage of ermoloyees covered by codes '.•'ith sToecified -oroyisions 





ber 


Employees 






iJumber ; 






Proyisions 


of 
codes 


( thoiisands) 


Percent; 




• 










Total r.'ith emergency period , 


103 


8,487 


100.0 




* 








i'laxim-um hours: 










43 


11 


2,554 


30.1 




Unlimited 


88 


5, 894' 


69.4 




Other limit 


4 


39 


.5 




Oyertime base: Total 


65 


1,613 


100.0 




8, 10 hours daily 


14 


492 


30.5 




40 hours, no daily limit 


3 


8 


.5 




40 hours, 8 per day 


24 


287 


17.8 




44, 45, 48 hours 


8 


284 


17.6 




Oyer regular hours 


16 


542 


33.6 




Overtime ratfie: 










Time and one-third 


34 


1,112 


68.9 




Time and one-half 


30 


395 


24.5 




"Prevailing rate" 


1 


106 


5.6 


CJ 



9803 



-120- 



eraer.-sency period. (*) Ueny reouireu overtime paj^nents on the same base 
in both periods; a fev.' required overtime but on a nig-her base; a fer; re- 
laxed overtime ■Da'''ments during the emergency .periods. 

Emer'-ency iperioos in the ma.lor codes . The 22 codes listed in table 
33 coverec 91.7 per cent of all the employees in the 103 emergency period 
codes. These provisions in the major codes uere looser thoji the provisions 
for the entire 103 codes. Onlv tvo codes of the 22 had any limit on hours 
in emergencies; only eight required cnv overtime payments during the emer- 
gencir hours. The entries in the "Nature of Emergency,'-" column are of in- 
terest ir. sho\7ing v/hat 'Tere the emergencies the codemalcers had in mind in 
framing the provisions. Some rrere specifically described; some were mere- 
ly "emergencies.'' 

VII. SUIviivIAaY: TEE PR0BL3M OF SPECIAL PSRIOSS 

The peak period ^"es used, more than any other NEA device- to secure 
elasticity in hours provisions; its use increased while averaging and 
general overtime provisiorls fell off. • 

The purpose of the special-period provisions was to provide the 
elasticity which industry thought it needed to meet seasonal demands and 
emergencies. The Administration, committed to policies of reemployment 
and stabiliziation of emplo-^ment so"aght'.to secure industry's acceptance 
of (l) as low ba.sic hours as. possible with (2) overtime hours limited to 
a certain number of weeks per year or a certain number of rdditional hours 
to be used up per year, (3) definite maximum dailj'- and weekly hours during 
the peak period and (4) penalty payments for dail;"- and weekl^,^ overtime 
hours to prevent abuse of the peak-period provision. -This chapter has 
shown how far below this ideal the codes fall; what bad drafting some of 
the. peak: period provisions involved. 

As with other LIRA provisions, the peak-period provisions ap-oroved by 
the Administrption were of great variety in detailed provisions and in the 
amount of elasticity involved. Though a certa.in amount of elasticity came 
to be considered the t'RA standard peak period and a substantial number of 
codes conformed to that standard, the majority of the emplo-j^ees v/ere 
covered by some standard not so strict .as the HpA nor because of the loose 
provisions in some of the major codes ap'oroved before I'JIIA policy was for- 
mulated. This chapter has shown that the approved ERA peak period seemed 
to be a tolerance of 12 weeks or less per year (lS7 codes out of the 290 
peak period codes); maximum hours of 48 or less (242 codes); and overtime 
payments (213 codes) for work after 40 or fev.'er hours per week (12S codes). 
However, less than half of the peak-period employees were in codes provid- 
ing peaks of 12 weeks or less- less than one-third were in the codes with 
a ma:viraum of 48 hours or less; and only one-third were in the codes paying 
overtime. The largest niomber of employees in the peak-period codes vers in 
codes with long or indefinite peak periods, weekly hours over 48 or un- 

limited. and straidit time for overtime. 

( *) Hov/ever, Trucking had the same provision for pea^: -oeriods and emer- 
gencies. Perhaps it should not be counted as both -oeak and emergencj'- pro- 
vision. The code started: ""hen seasonal demands arise involving movements 
of perishable goods or seasonal crops, or in, case of emer:'::ency demands . . .. 
The Total period for which seasonal or emer~encv demands ma""" be considered 
Continued on next page. 
9803 



1^1 



septjo TB-f Jo^fJ-iei t^ rH i i i h 



c4 



o 






to 



o p, 

o 3 

o 

sib 

43 

•d 

a-" 



o 



o 

s 

bO 



B^pBJa IfB^eg «N J- I tOvH 



uof^BeaOBH 

eotrsufii 

no f :tBq.aods uBjj; 

UOt^OTU^BUOO 

S^OB OfLldBJO 

Sufq^BOfKlB^ 

jnj puB aeq:jB8i 

•[8 JBddB- s €![ fq.xe i 

sofaqBj-EeiTq.3cej, 

V°°d 

q.uemdfni>a 

aeqqna 

JGdBJ 

•oqe 'EXBopaeito 
e:;oTipojd q-sejo^ 

3TIIB^eu!-uon 

siBCteM 

IB;;oi 



o 



C\J 
ON 



6D 



CM I I 



J W I CM OO 



sepBJq. exBSetouM J- ru i h i cm 
oj 



sepBJ^ eofAJeg j}. 



KN ITvCM CM iH IT 



CM 



o I vo 1-* Of 
ir\i-i K\c\I u^ 



OMH J-i-* 

CTNCM NO M 
H H 

I I I I 

LTNJ- I LO LO 

OvO 03 i-i o 
1-1 ' 

H 1-1 iH I 



l<NCO -d- 
H 



C- O NN LOi-l O 

lO l-l 



lO I 



t-\o 

CM I 



J-iH 



CO KVd-_ltND K'CD r-l J- LTJ-OH Lf J- KN _d- Oj NO 



I I 

I to 



iH CM 
1-1 J^ 



lOND 
I iH 



I I 

I ro 



CM 


1 H 


CM 


1 to 


CM 


CM iH 



H I H 
CM I to 
t-H I 
I I t 



IT CM 1-1 H H 



I I I 



CM 1-1 C- I iH 
I H I I I 



N-d-ojNO 

CM H 







in 






"d 






o 






»^ 






^ 






o 






o. 






c 






c O 






!>>-H 






era ID 






fl -H e 






O > -rt 


R 




60 O 43 


ID 




d Fl f^ 

o Pi Id uy 


O 




B o > 






® M -H O 


bO 




^ ^ O 1-1 


P< 


0] 


15 60 P, OS 


O 


ID 


Si a t< 


E 


■d 


4J t, ^! » 


o 


o 


o o a c 






= > O ID 


t. 




a p. to 


CD 


iH 


iH 


^ 


S! 


«^ 4: ^ 


4-^ 


4J 


4J +3 ^ 4J 



O t1 iH iH 











E >. S 










•H Id 










r-t -d f, = 










ID ra 




■d 






^ P. P. Pi 
>>H ID ;3 




tf 


4-1 




n 


iH -H 


1-1 




1-1 rt -H a ra 


ID f> 


IB fl 


d 


ID 


0! th eU P, fl 
4J a tj CO 3 


■H iHV. 

^ al 


4J 43 


fl 


43 


1 


iJ> 


0! 


-o op, 
43 • fl d 


C ID 


4J ID 


t. 


ID 43 


C 


c 




to fl ^ rt 


bO S ^H 


» 





bO 


« Pj CD 3 
ID ^ • ID _d- bo 


c "d S 


© 




fl 


© © n -H 


4= ^d 


■d 


•H 


Q n ^ © 


S 45 Pi rH 
ID -rt 3 


gs 


fl 


iH 


« fl Pi "Pi 
fl 3 P. 10 


0! 


W 


B (h 






d 


J- t. 


a --l fl « 


«> Q 




> 


ID rt fl P, 


•H 1-1 fl 


B B 


g 





B • > 


BCD 43 


^ -H 


■H 


P. 


43 00 J--=t3 = 


p j-o 


4J Eh 


Eh 


CL, 


^ 


ID 






P< 

(D 





> 







> 




bO 
Pi 



h 









> 


• 





— ^ 




ra 


t>> 


© 


rt 


■d 


•H 





a 





•d 






to 


•Bh 




n 




ID 





■d 


rt 


o\ 


CO 




-d- 


to 






•d 


a 


fl 


•H 


a 


^^ 


^ 


CM CO 




\ 


t^CO 


NO J- 


•> 







i» 


NO 


*-^ 




CO 


-d- 


© 


lO d 


%^ 










m 




Ph 


CM 


3 









flco 




J- 


CO 




J- 


■l 




as 


fl\ 


1 


10 


4J 






i« 


CO 


f.\ 




s 


:^ 


m 





P< 


p< 


a 


a 





© 





a 





© 


fl 


fl 


Eh 


Eh 



9803 



-ISS- 



UABLE 33 
Emergency periods in major codes 







Employ- 




Over-- 


Over- 


"ature of 




Code 


ees Cov- 


Hours 


time 


time 


emergency 






ered 


Permitteda/ 


rate: 


base 




244. 


Construction 


2400 


48 reeklj'- 


- : 


- 


T/eather, 
scarcity of 
skilled T'or- 
kers, on re- 


278. 


Trucking 


1200 


Unlimitedc/ 


- 


- 


mote Torojects 

b/. 

Emergency de- 
mands. 


9. 


Lumber and timber 


558 


Unlimited 






"Temporary 
employment in 
emergency" 


24. 


Bituminous coal 


463 


Unlimited 


- 


- 


Accidents 


11. 


Iron and steel 


420 


Unlimited 


— 


■" 


"Emergency 
-ork. " 


4. 


Electricrl man-ofacturing 


323 


Unlimited 


- 


- 


"Cases of 


• 


BsJilcing 


300 


Unlimited 


• 


- 


•emergency. " 
Bank exa- 
minations. 


124. 


notion picture 


279 


Unlimited 






Production 
on location; 
: interraption 
of continuous 
process. 


28. 


Transit 


264 


Unlimited 


•1 1/2 


— 


•TTer ther, fire 
etc. 


287. 


G-raphic arts (relief 
Printing Division) 


232 


Unlimited 


:1 1/3 


or 8 
• dally 


•Interruotion 
:of ^^orkd/ 


44. 


Boot and slioe 


206 


Unlimited 


:1 1/3 


•45/8^ 


: "Emergency 
•vork." 


303. 


Eisliery 


200 


Unlimitede/ 


:1 1/5 


Regu- 
lar ^ 
hours 


•Perishable 
•product. 


120. 


Paper and pulp 


128 


Unlimited 






Absence of 
relief wor- 
kers on con- 
tinuous pro- 
cesses 


288. 


Lailj- net.'spaper 


106 


:Unlimitec 


•Pre- 
vail- 
ing 


Regu- 
lar * 
•hours 


•"In emer- 
gence^. " 


• 


Ad.vertising distributing 


IGO 


:48 veeklj 


:1 1/3 


:8 
dai 13'- 


"Emergency. " 


445. 


Canning industry 


. eg 


: Unlimited 






: Peri sha Die 
: product. 



3303 



TA3LS 33 
(Continued) 







Snpl 03'-- 




Over-: 


Over-: 


Fature of 




Code 


ees Cov- 


Hours : 


time : 


time : 


emergenc3'- 






ered 


Permitteda/' 


rate : 


base 




• 


Machinery and allied 
products. 


94 


Unlimited 


1 1/2 


40/8 


Scarcity,'- of 

skilled 

workers 


123. 


Structural clay 


94 


Unlimited 


— 


- • 


To recover 




• ' 










time lost by 

inclement 

■"jeather. 


277. 


Gra]'- iron foundr-f 


80 


Unlimited 


1 1/2 


Jlegu- 
lar * 
hour? 


Interruption 
•of '-orkf/ 


275. 


Chemical mantifacturing 


58 


Unlimited 


' — 


— 


: "Cases of 
: emergency''^/ 


21. 


Leather 


52 


Unlimited 


1 1/3 


40/8 


: Perishable 
; products. 


LPIB. 


Tnolesale fresh fruit, 
etc. 


93 


Unlimited 


•1 1/3 


' Se^u- 
ler 
! hours 


•Perishable 
: products. 



Footnotes: Table 33 - Sraergenc;'- perioc.s in major codes. 

a/ In the tro codes '"'ith weekl-r limits, dail"^ hours rere unlimited. 

b/ Time lost because of r^eather or unpvoidable dela;"-s on remote pro- 
jects might be made up in the folloTring 4 T^eeks. Approval of Code 
Authority tras necessar;/ to r-ork overtime in localities irhere Quali- 
fied la,bor was not available. 

cl Put only 12 3,dditional hours Trere alloired (over 108) every 2 neeks, 
when approved by the regional Code Authority/-. 

d/ "There restriction of hours of highly skilled artistic or mechanical 
workers on continuous process would reduce productior." 

e_/ Supplement il (Hew England Serdine) had no weelrl"/ limit but a 12- 
hour asllj limit. Supplements K (S'oonges) and L {~S. 1. and Alaska 
Pish) had no provisions for emergency period. 

f/ In special cases where restriction of hours of highl^- skilled em- 
ploj^-ees would delav or reduce production. 

s/ To be reported to the Code Authorit".'-. 

* These "other emergency" provisions covered ba.sic employees exid other 
employees working longer than the basic hours. The "re,galar hours" 
for the basic employees were: 

Daily Eew spare er - 40 per week, 8 per day 
'' G-ra].^ Iron Poundr;'- - 40 hours weekly 

Fishery - SO hours in 2 weeks. 
9803 



-124- 



One hnndreo codes, '-ith rnd vdthout peal: periods, had especial 

II 

These provisions '.7ere necessr.ril"^ indefinite as to duration^ of the 
emergenc'f but seemed unnecessarily diverse in their "orovisions for ma::i- 
mum hours and for oi'^ortime pa-Tnents. 

The special-period provisions emphasise' that l^A's hasic hour 'orovi- 
sions vere really slack-time -orovisions, designed to effect as nuch re- 
emplo'Tnent as possible in the depth of the depressions, rrith special- 
period provisions to provide 'the elasticitv r/hich industry vrould need in 
better times. » 



(*) Continued from previous page. 

to exist is to he limited to three consecutive months for any type of 
hauling in any area, or for an individual employee. . . (iinlers extended 
by the Administrator) for a longer period... for those operations '.^here 
state larfs restricting tonnage create an eraergenc'3'- lasting for a 
longer period. " 



9803 



-125- ■ 

CHAPTER Vli. 

HOURS FOR OFFICE MD CLERICAL WORKERS 

There seems to te a general impression that, under the codes, hours 
for office and clerical employees were longer than the "basic hours set 
"by the codes. If this were true, it would "be a reversal of the histor- 
ical situation i^hen the white-collar worker enjoycsd shorter hours than 
the man in overalls. Accordingly it is worth otaerving in some detail: 
(l) What were the code hours provisions for office and clerical workers? 
-(2) How did they compare with provisions for "basic hours? (3) Hhat 
special methods were used to lorovide elasticity in hours for office workers?, 

I. DIFFICULTIES IH STATISTICS ON HOURS OF OIiTICE WORKERS 

It should "be stated at the outset that it is not always clear vhat 
the hours of offige worlcers were intended to "be under the codes. A total 
of 326 codes mentioned s-oecif ically hours of office and clerical workers, 
or at least seemed to include them in a group of non-productive or non- 
processing employees. 

In some codes the provision for "other employees" is the provision 
which seemed to cover office workers. This was the case in the Refractories 
code, which provided: (italics are the present author's) 

"No employer in the Industry shall cause or permit any.,, 
employee' engaged in common lahor at minimum wage rates to^ 
work at an averaige of more than 36 hours per week in any 
30-day period, nor cause or permit any other employee in 
the industry to work at an average of more than 40 hours 
per week in any 30-day period, nor either class of la'bor 
more than eight hours in any one day," (*) 

In the other 252 codes it has "been assumed thst the "basic maximum hours 
provided an hours ceiling for office worlcers. In all the ta"bles in this 
chapter, separate tabulations have "been made of (l) the codes 'with st)ecial. 
provisions for office workers and (2) the codes without such provisions. 
If a reader rejects the assumption that, in the a"bsence of special mention 
of office employees, "basic hours provisions would cover these employees, 
he may ignore all parts of the ta"bles excepting the sections dealing with 
the 326 special provisions. 

There are no fig'arc^s available as to how many office workers were 
covered by each code. In order to weight the codes by numbers of em- 
ployees, it has been necessary to use the figures for total employees. 
The difficulties in that procedure are apDarent when it is remembered 
that in some codes, such as the Finance group, almost all the workers 
covered were office workers while in some manufacturing and mining codes 
the office workers constituted a very small proportion of the total. 



(*) Amendment 2, Codes of Fair Competition, Vol. X, p, 495. 



98P3 



-136- 

I. ITOA FlffiCSDENTS ON OFjICS HOURS 

The first code, Cotton Textile, as subrilitted to the President, 
included "office and supervisory staff" among the groups excepted 
from the "schedule of hours of la"bor" of 40 hours ver week. The President's 
"conditions of approval" July 9, 1933, included. the requirement "that of- 
fice employees he included Fithin the henefitsof the code." Since the 
schedule of hours- of the Cotton^ Textile code had been dictated "by the de- 
sire to limit produ6tiori, aad since there i^as no desire to limit the pro- 
duction of office v/orkersj the President's suggestion was not acceiDtahle 
to the proponents of ■ the code. Accordingly, a reek. later the Cotton 
Textile Industry Committee asked "the apioroval of the President" ?o certain 
amendments "as nroperly complying Fith and effectuating the conditions 
TDrovided for" .in the order of the Presiden.t. One of these amendments, which 
vas accepted by the Administration, was: " 

"On and- af tfer (Puly 31,..- 193 3,....the. maxijnujn, hours of labor 
■ for office employees 'in .the Catton Textile, -Industry shall be 

an average of ^Oi-ho-urs a T^eek ovpr each ,perio.d of six months." (*) 

Thus the Administration had committed itself to looser hours for office ' 
workers than for mill ^^orkers. In the P2A, released five days after the 
change in the Cotton Textile code standard for office workers,^ the Admin- 
istration seemed to commit itself to longer hours for office T^orkers than 
for "factory or mechanical workers or artisans," Even so, the PEA standard 
was i'nbt' more tha,n 40 hours in any one week " for any "accounting, clerical, 
banking, office, service or sales employees. ., in any store, office, dexjart- 
ment, establishment. . .or in any other place or' manner. " (**) 

Many of the early codes made no special mention. of hours for office 
workers. Others follc^ed the averaging policy of Cotton Textile but with 
stated maximum hours and shorter averaging periods. Thus Code Fo, 3, IITool 
Textile, established an average of 40 hours over 13 weeks with a maximum of 
'48; and Code No. 6, Lace, a maximum 48. with an average of 40 hours over 
six weeks. Other early codes allowed unlimited hours, for ofi'ice workers, 
among them No, 5, Coat and Suit; No, 7, Corset and Brassiere; arid Ko. 8, 
Legitimate Drama. In this latter code, hours of office workers paid less 
than $35 -oer week were later reduced to 40 per week and eight per day ex- 
cept in case of spiecial -necessity when overtime was to be paid on 40^ and 
eight hours. {***)■ 

{*) See Codes of Fair Competition, Vol. I, pp,' 1, 15, 22. 

(**) However there were PEA substitutions for office hours as -^ell as 

• basic hoursj- esTDecially substitutions of average for maximum hours,' 

(***) Amendment- 1, 'Codes of Fair Competition, .Vol, XVIII, p, 276' 






9803 



-127- . 

III. SPECIAL FROVISIOWS FOR OFFICE Am CLERICAL ''/ORKERS 

As table 34 shows, 326 codes (55.4 percent of the total 578 codes) 
contained special hours provisions for office and clerical vforkers. These 
326 codes covered oVer 13^ million (60.2 percent) of the total 22-i- raillion 
workers under codes. 

Special mention of hours for office and clerical workers occurred in 
all the RuT5ber codes and i n at least half of the codes in the following 
groups: Fetals, Non-Metallic Minerals, Fuel, Chemicals, Paper, Equipment, 
Apparel, Leather, Transportation, Recreation, and Food. In terms of em- 
ployees, speical provisions for office workers were found in codes cover- 
ing three-fourths or more of the workers in l\Ton-!"etallic Minerals, Paper, 
Equipment, Rubber, Food, Textile Fabrics, Textile Apioarel, Graphic Arts, 
Construction, Transportation, Recreation, and Territorial codes, and more 
than the average (60.2 percent) in Fuel and Chemicals. ■ 

As table 35 shows, t he • 326 codes with special x)rovisions for office 
workers provided a 40-hour week in the largest number of cases - 144 codes. 
Twenty-six codes "specified maximum hours of ■ 41 to 47; and 107 codes, 48 
hours. However, all but six of the- latter group and eight of the under- 
48-hour group provided for averaging of hours. Thirty-four codes had no 
limit on office hours excepting averaging, and 13' codes specifically ex- 
empted office workers from the hours limitations. 

Of thfe 252 codes that had no special hours provisions for office 
workers where the basic maximum hours set by the code are assumed to have 
covered office and clerical workers; three-fourths had basic hours of 40 
per week; here also the next most frequent, provision was 48 hours ver week 
specified in 33 codes, 22 of which- had an averaging provision, 

IV. IvlETHODS of PROVIDING. ELASTICITY IN HOURS FOR OFFICE AM) 
CLERICAL TORIiERS 

Table 36 presents a general summary of the methods used in the codes 
to provide elasticity for office and clerical workers. A total of 224 codes, 
covering 33.6 percent of the employees und.er codes, provided hours longer 
or looser "than basic hours in the. same codes. These '^ill be discussed in 
more detail in section IV below. 

Peak Periods .- One hundred forty of the codes including office workers 
under basic hours provisions and 49 of the codes with special office hour 
provisions for r>eak periods for basic employees. Emergency periods were 
similarly allowed in 53 codes including office ■^■orkers under basic hours 
provisions and 58 codes with special clerical hours lorovisions. Undoubtedly 
these provisions could be considered authorization for working office work- 
ers longer hours as needed during periods when an enterprise, governed by 
such a code, was working its basic employees at longer-than-normal hours. 
How this worked out in practice is not known. 

Forty-five codes specifically provided for peak periods for office 
employees; ten of these mentioned office workers and other special groups; 
the other peak periods awDlied only to office and clerical workers. Half 
of these office-worker peak periods provided for monthly elasticity - usually 
eight hours extra for one week out of each month, or as in the Motor Vehicle 
code, two additional hours two days in any 30-day period. Twenty-three 



-128- 
TARLE 34 

Special hours provisions for office snd clerical vrorkers: n\am'ber 
and percentage of codes using aiid of employees covered by these codes 
Tdj'' industry groups 











Employ- : 


Percentage with 










ees : 


special office 






Codes 
T/i th 


Total 
employ- 


in codes 
wi th : 


provij 


;ions 


Industry groups 










special' 


ees 


special ■ 










office 


( thou- 


office : 




Employees 




Total 


provi- 


sands) 


provi- 




covered "by 




codes 


sions 




sions 


Codes 


these codes 


Total 


578 


: 326 


22,554, 


■ 13,572 


56. .4 


: 60.2 


Metals 


: 12 


: 9 


: 576 


: 127 


.75,0 


: 22.0 


ITon-me tal lie mi ne ral s 


52 


33 


448 


343 


63.5 


: 76.6 


Fuel 


5 


: 3 


: 1,429 


: 894 


< 60.0 


62,5 


Forest products 


1? 


: 7 


: 606 


: 17 


••41.2 


: 2.8 


Chcaicals, etc. 


35 


17 


! 228 


: 154 


51 ,5 


: 67.5 


Paper 


32 


: 31 


: 294 


: 294 


: 96.9 


: 98.3 


Rabber 


4 


: 4 


: 155 


: 155. 


:100.0 


• 100.0 


Eouipment 


92 


59 


: 1,684 


• 1,264 


. 64.1 


: 75.1 


Food 


48 


24 


: 1,146 


: 858 


: 50.0 


: 74,9 


Textile fabrics 


^D 


: 19 


; 1,025 


: 901 


47,5 


: 87.9 


Textile apparel 


45 


: 30 


: 996 


: 934 


: 66.6 


93,8 


Leat.ier 


11 


: 7 


: 309 


: 99 


: 63.6 


32.0 


Fabricating 


82 


40 


1,250 


701 


: 48.8 


: 56.1 


Graphic Arts 


6 


: 2 


: 375 


: 338 


• 33.3 


: 90.1 


Construction 


10 


4 


2,565 


• .2,467 


: 40.0 


96.2 


Transportation, etc. 


13 


: 8 


1,751 


• 1,696 


, 61,5 


96,9 


Finance 


5 


- 


374 


— 


- 


— 


Recrea,tion 


5 


4 


459 


455 


80.0 


99a 


Service trades 


12 


5 


854 


460 


41,7 


53.7 


Uliolesale : 


24 


8 


1,127 


324 




28.7 


Retail : 


23 


10 


4,779 


993 


43.5 


20.8 


Territorial ; 


7 


2 : 


124 . 


103 


28.6 


83.1 



ilajor codes (50,000 
or more employees) 



72 



48 



18,639 



11 , 304 



65.6 



60.6 



9303 



129 



I 



£ 

Pi 

•3 



I 



s 

-a 



is^Bj^ gotAJSS 

X«ff dcEs-s » X T Vra £ 

aadsj 

i^snpojd ^sajoj 
lata 



I I .It CM r4 I t <\J 

I r- d- <r\ cvi I iH o 

I vf (-1 ^ I ^ 1 IT* 

I ^ I I I I r-l ^ 

I I I CU I 1^ I I 

1 r-l i-( I I rH I to 

I <£ I rg I ni I jt 



I 6j lr^ a% I ^r^ iH 



4^ I I I r^ rH r- 



I BO ro m I r- w 
M 

1 CT\ r-i r~ I rr\ t 



I I I Jt I I I 



I I rH h- I 



I r- iH rg I ni iH 



I CJ K\ CVI I I I h- 



I I 1^1 I l-l 



I ff\ I m I II 



I I CM I I I IT 

1 ;* r^CM 1 r^ K 

H 

rH C\J (-4 W I Ol \0 

I ^ fH CM iH I 

I r<% I I 1 ,H H 
I I I I I I IT 

I r~ I I rt I If 

I rH I rH (\J I VO 

I I t »H I p^ d- 

ni 

a- 

I K\ KN ir» h- CU 

1-4 

\0 (U I 
I I iH fH 

I K) (^ I <V1 iH 
I I > ^ I I 



I ^ rH ff^ C\J rH ^O 

I KNCa CM I I 

I 1 I CM I rH 

I Q rH to K\ rH 

I r- I CM I I 

^D f— J* r^ 

CM O »*% rH 



I I CM TO rH I 

I K\ rH r— CM I 

I ^ CM I 

I in I CM 



I I I CM 
I ^ rH I 

I ir« I »H 



I lo 1 I ° 

I ir> I I 

I 0^ I rH 
rH 

S fO I rH 
CM 

CM OJ> I rH 



rHl I rH I I 



I I I CM 
I O CM r— 

I CM I rH 



s 



IT 

J* 



I ru I CM 

rH to rH W 

CM :* CM J* 

1 J* rH J* 

H rH CM rH 

I I I 

I r« r~ r4 



CM CU 



oi r~ to 

I ^ I 



I 1^ I 

Jt «) r^ 
ir\ CM CM 



CM 



I CM I I I 

CM K\« I iH 

I I fU I CM 

I rH CM rH I 

I t I I rH 

I I I I I 

rH I I I I 

I I I CM I 



1 CU 


' 


CM 


1 1 rH 1 rH 


s^ 


in 


fi 


rH KMn;* rH 


CM ITi 


1 


IT 


CM I 1 l<^ 1 


in in 

CM 


1 


If w to m r- CU 

CM 



I rH VJ} CM I 



I^CM I CU I 



ff\ja- r- K\ rH 



I I Jf I I 



K\rH 1^ CM rH 

I CM CU I I 

I I CU I rH 
m I m rO rH 

i I CU I I 

to l<> to rO CM 
inCM O^ K> rH 



8 



i 






I 



o 



o 



o d o o o 

o • A 4> .a u 

•a Is 55 I 



S" 



J3 

rH 

JS 



'^ -^ §•. 



"I 

CD r- 

J3 4» ^ pH W 



III 



«e-55!5 s 



o 

MB m 

^ ^ i 

fl ^ oi J3 ©1 

OS h o o o 

A » ^ 43 ^ 



O 0) (0 

ID 

> O O 

o A m 



» 

f 

^ 



a 

o a 

«H a 

m o 



Pig 



O •H 

- a 



h 9 

•a -a 



«■ 



^ 



o ■ 

s 



to O' — 

o B ^^ B 4i> 43 

rH O O b iH --I 

« ^ 4* ^ iH ^ 

•H p <H op O O 



4^4' ■» 



9803 



130 



■•poo TVTJOtTjasj ^„ ^^^iir^ niiuiiiiii irNwr^rtiirH 

■apaj) 8xo«8I0iu -^ -^ ■» ^ '-> "-i >^ "■' wj-wpjiHrtrnevi vDcua•o^lU3.H 

QOT^^9<zo89 ir\.H*-iiiiir*^ ^wiiitcui-t »-ti-tiiiirH 



Boneuij 



lr^I^r^c\l^^ll^<^ iitii iii u^it^wknii 

f*^rH .Hr-*rH|liri Wr-lp-l|| |jS-«-< tr>lr-tr-(|| 



>, 

f> 

a no'nouuBnoo ocvij-rnniiirr, ^oj r^r* i cu i ^o rn m r< i i w 

a 

g 0^J« Z^V^Xa UJOJOJCUWr^lJ* C\jrU|lrHtCMI j:fCVJC\jnillC\J 

p. 

O 
U 

M •rik««/r/¥»^'^-rT.-.M>T uTMrvw i wc\i i o iniHinto i i ir« ir\.H i r^ >-\ i i 



c 

(3 
XOTt^ inK\KN|1||iH K\K^Cy||!f-lI C\Ji-l||||f » 



J^ Si;8^9n cxj oj K^ rH r-^D I oj ff\cy w 10*0 1 1 1 mr^ i-^ cu 1 1 cu 

o ■"• 

n TBIOX W>^0 jq-OMnCUrH VD^m ff^CVJ OtOrH CUr^^QKNCyKN 

o i» 4*'a, h-ojoS-co^cMrH cuc\jj* j^if (Htnr*^ inin3Jr rHin 

^ inc\jcvj»-(t-ii-^c\j»-i c\JH 

o 

a 

** wan 

^ ISO •OOti TiO» 

*f ca O"*^ Oi-i« O-H 

J^ 0.^S O t4« flO fiOUn h(D(B 

m art's " a -HCO p«»0 PiO 

JS of -»« ^M, ^ ja n M »?• • o fl • ;y fc7 M 

•2 I. o»ojfflo f> ooao o *^o#««o€> 

^ xi*<<H *»>^>4a)>--. ♦>>P.«)(».*^o ft>--HPii>>o 

fflffl" ©ftw^vift -^PP<,,'"_P*o t!P*S^-^ 



01(0 tl yn -v -^i bb ■riWUl-tH RtV WU4W —1 t«l 

Sat. «>^*mtj ou^V)'0<m oo^r^i^vi'dM © 

orto oftDowogs »flM)7flo(3t>-* tfMoiBoq® ® 

m Eiao lOMV tin aJ4*S<^ tauia) o-*» 4a 

(Daoho-r^^bfi j3i>(du*hT4U)-»' Vffi^ui-tuo 

•cjHMO^ooM 4>Hf4<Huotiti iziMai-HuowH eo 

opc(3c<)vp4« •H^vvcAOia) dvcvoav Oi 

oo>®aifttog ►o{»iiIft»a& 3p.a»a5Fi(toa! O 

w-^e>mw^«M ^w^m««HO ^-^csmwocm ^ 

n Ai m ^ 



t.^a (Daoho-r^^bfi j3i>(du*hT4U)-»' va^ui-tuo 

u o -•< 

ft •-« ■ 
*» f-t 

« «0 > 

O 0. o. o o 



980^^ 



-151- 

additional codes provided special peak periods for inventory and reports; 
these would seem to cover office employees and probably in most cases, cer- 
tain other groups. , 

General overtime provisions .- Forty-four of the 252 codes including 
office workers under basic hours provisions had a general overtime provision. 
Whether this was expected to provide elasticity in hours for the office 
workers under the codes is not clear from the codes. It seems doubtful that 
office workers were paid at overtime rates under all these codes, because 
of the prevailing policy to pay them on a weekly rather than an hourly 
basis. (*) However, 23 of the special-provision codes provided what amounted 
to a general overtime provision for office workers. Eight other codes -oro- 
vided for overtime in the Tjealc periods for office workers. Thus, of the 
codes with special provisions for office workers, practically one-tenth 
prescribed penalty payments for overtime hours, which might limit the use 
of overtime hours. It is interesting that none of the special monthly peak 
periods carried any provision for overtime payments. 

Averaging -provisions .- Two hundred codes covering 37.1 percent of 
employees under codes provided for averaging of hours of office workers. 
This is considerably greater averaging than obtained for basic employees - 
139 codes covering 27.9 percent of the vrorkers under codes. As table 36 
shows, 143 of the 326 codes with special provisions for office workers 
provided for averaging of hours; only 57 of the 252 codes where office 
workers were covered by basic hours provisions provided for averaging of 
hours. 

The averaging provisions for office workers are analyzed in detail 
in tables 37 and 38, with special and basic provisions presented separately. 
Under special or basic provisions, hours were to be averaged out to 40 in 
most of the codes - 191 out of 200. Wine codes (five of them with special 
provisions), had an average of more than 40 hours. The increase in weekly 
hours allowed is also similar in both tables, 99 of the 143 special office 
provisions and 39 of the 57 basic provisions allowing work up to 48 hours 
per week. Next comes, in both groups, unlimited hours in 34 special pro- 
visions and 10 basic provisions. Only three of the former and none of the 
latter provided an overtime rate for this unlimited increase. 

It is when attention is turned to the period of averaging (table 38) 
that one sees in the code proponents a desire for a different sort of 
elasticity for office workers. Almost half of the special-'orovision codes 
with such provisions provided for averaging over one month or less; less 
than one-tenth of the basic provisions specified such short averaging 
periods. The need met by this averaging seems to be for elasticity to 
cover the end-of-the-month peak in office overtime. This same need was 
shown in the monthly peak periods, already described. 

(*) See chapter XIII. 



*► » ■> « 



.»■ ■ »■ ■» « 



132 



fl p 
o h 

CO 
O 4a 

•c a 



VI t) 

o 9 






t-> u 

O •rl 

9 (4 



..-3 

o 

M * >. 

g -a . 

0) o 

>-* ^ 
o 



I^ 01 
O (D 



^§ 



^5 



sepoo i«tJ0itaa9i "^ 

jnj pnB js^iBei ^ 

X9i«dds-9extii9i J- 

8aTJq«;p-S0XTiX8J 5 

POOJ M 

^nemdiubj "^ 

jsqqtia J- 

jsdsj to 

•018 'B-[BOTiirat[0 !^ 

e^snpojd ^esjo^ r~ 

X9TV£ in 

oxxxBiem-ooH S^ 

BX»*3B ™ 
X»loi 



?a 8 



O i-l 1^ 



(\J I •-« 



•0 


P.g 


9. 


55 


«S 


n ^ 


0! o 


S5 


^ ^ 


s 


»4 « 


ja !>. 


o o 


ft 


^ 


as 


■as 


-H O 


h * 


o 


ti 


(& h 




.g-cS 



31 «| 

S3 

O P o 



I I 
I I 

r-l I 



iH iH ^ 



pa 03 

h & 

o o 
■3-a -a 

2S3 



CO (4 Q' 



£3 3 
a 



I I I I r-l I 

r-l t I t I iH 

I I Jd- I I <V) 

1 I I I <H 



I I I I iH 



I I (U t CM 



I I CU 

I to;* 



I I 
I J- 



r-l I ;* I f^ H 



I I to I to 



rH 


1 1 


1 J- 


t^ 


cy 


1 CM 


1 Jl- 


J- 


1 


1 ^ 


1 1 


Jf 


rH 


'^ 


1 ^ 


1-i 



I cu to I I 



rH rH CT\ I ir\ 



1 I to I I 



I rH 4 K 



III fH 



I I rH 

III rH 

I I I 

I ■ rH 

I t-i cyi ' 
III cu 

I I to I 

1 VO CM K 

iH I I CM ni 

tU I OMO Jt 



I I 

I I 

CM I CO rg 

I rH rH t fM I rH (U I I 

I I t\J I r^ 

I to f^ St 

I I n I 



I I I I rH 

I ■ I I I 

I I CM I I 

I I I I I 

I I I rH I 

CM I I I I<> 

I I I I I 



I I 
I CVI 



rH I f I 1 



I I 

f^ 1 



t rH rH I CVJ 



I I rH I I 



f^J- CTNrH O 



A 



» ol 



op V -rt P O W 

to poB -H > a u -oa 

d o\j:)o^-h ti jit w\ to tD iHja-iocowp 

<D j3 ^ f^ ® g 

E3 



■S 

cu 



5 



I 



0) <D 

•H t> 



ft »-* 






•o o 

o 



n 0) 



rH rH 
U U O 

~3i '!oi"Si 



9803 



133 



i 



t 

m 

I 



a 






Pi 

u 

■8 



O 

g. 






^ 



■epos tsfjo^-pjaei f. 

■spvjt aiseaxoqt n 

no^toui^aaoo o 

a%xa oTqdsJO '* 

»rnB0TJqBi w 

Xsj«<Ida-«sxTvn£ ? 

iTOmdxubi §!, 

aedBJ pi, 

s}3iipojd ^isjof r- 

Xsui ir\ 

otxx't*''-non ^ 

sxs*8ji !ii 



« 



II I i-i I I 



I I 1-4 rH I C\J 

I •-> I II I 

II I r-l I I 

I I I t»^<^l I 

I iH I II I 



I I I <\J I I 

f^jt cu to I tr\ fH 

I i-i I I I ni 

I irt e\j to I pH rH 

1 jr VD ^ I ^ rH 

I f^ I I fH 1 pH 

i ;f I W i-< BO ro 

I j:r I I I I I 

I N p tr> I t ^ f- 



C\J I \i} vjO OJ C\J I 



iritoiiHiiiH nicuiiii I 



iq W t r4 I I I I 
I BO I »H K\ KN r-t 



r' I tVl I I I 1-4 I 



m>^ lo Q C^ ON r*^ tr^ 
IT* K> Cr\ w I-I , j^ 



I I I I I I I •-) 

I r4 I I I I I 

I t H »-l I I ) 

I fH I I t I I 

I I I I I I I 

I I t I I I I 

I iH I I I I I 

1 to I I I I I 

I I I I I I I 

fH ^ ni nj I M t 

I I-I I I I cu I 

1 lo w ro I I iH 

I m ^ ^ I m I 

I lo I I I I I 

I ;* 1 iH I nX> ^'^ 

I-I 

I ^ I I I I I 

I CU O ITN I t ^ 



«V r< I l«% J- CM <VI I 



C\. CM I I I I I I 



tV I I— I ro i r< rH :* 



I <U I I I I I 



I I I I 



I I I I 



I I I I-I 

t I I K\ nj I 
I I I I I I 



I I I ni 

I 1 I v£ 

till 
till 

I -4 I I 

I I I I H I iH 



I 



I I I I I 



I I I I I 



I I I-I I 



I I-I t BO ro w I 



I II I I H I 



f-l f<N ^ ITir*- K\;* 



i 



9803 









« 
















l4 








« 






»4 


Jd 








• 






o 


Hi 


•CJ 


•o 


u d h 

a h « 


p< 


s 

O 

m 




%4 

a 
o 




al K. © ^ 


•d © u 


s 

^ 


«4 






u 


h o f- "d •« Tj 


(4 o t> .cJ •« •d 


ti ■> > Id Id « 
t) o t> tf o o S 


1c 


>■ 




to 




-JO > Id c © V 
^ -3 e k S S S 


•0 « ^ 05 © V V 

R a a irf »4 P ^ 
aumM%99 




b 




^ 
> 


0) 


? n ^ h U ti 
tt«)M^ v> > > ^ 

cl»>'3©»SSS 


•s 


Q4 a 




o 


rH 


o 


•• t« 




(4 


o 


o 


•do© 




Q< 






o -H M 






tJ 


•rl ^ Oi 0^03010) 


r-* 


^ m u 




3" 


9 


a a> K 


8) « © » 


o (d « » 




u <a o 




k i<> ■ B a 


■H ^ K\ a OD (S 


■-^ W t^ m » m 


» 

1 




CO 


^ 

V 




'3 o © © « 


M © o « © © 


:: 5 ITS s -^ ^ -a -a 

^ ^ o « o « 


s ^^ 


•d 


h 


■H 


« O O. 4> » » k 


PfOOO-Mh^fe 


oeoo4>KKK 


o 


» 


Vi 


IB 4> 4J 


"^^ ** *» 


M k -^ 4» 


A 


^ r^ <^ 

32^ 


o 


& 


o 


CNJ ^ ^.O «-* rH W tr\ 


'3(yj3-'*Oi-ifHC\jin 


Pi c\» r-J> cy 
cy -* vi) iH I-I c\j ir\ 


s 


■a 








•r* 


ti 


>-l 


1- o 


j3 






s 


W4 




O O ti 


■•J 


«> 






■ 




► ft o 
•^ lO ch 


o 


i«H 






£• 




^ 



-154- 

V. OFFICE HOURS COhiPAKES V/Ig: BASIC IIOUHS liT SAlwE CODES 

Special mention of hours for office workers does not necessarily 
mean tliat office workers in taese codes ^vorked longer hours or looser 
hours than the "basic employees, thouf^i this has "been assuTied by some 
commentators on ITRA codes. In fact, as table 35 shows, in 62 codes the 
weekly and daily hours for office and clerical, workers, though enum- 
erated separately in the codes, were the sane as basic hours; and in 40 
codes the weekly hours of office workers were shorter than the basic 
hours. 

Codes with office hours shorter than basic hours ,- As table 39 
shows, the 4-0 codes ^.Tith office hours shorter than basic hours were 
scattered tlirough ten industry groups: Non-Metallic Minerals, 11; 
Food, 8; Traiisportation, 7; Fabricating, 5; Metals, Recreation and TJhole- 
sale Trades, 2 each; Forest Products, Services and Retail Trades, 1 each. 
A total of 2,804,000 employees were covered by these codes, 1,694,000 or 
three-fifths of ttiem in the Trajisportation codes. These represented 
96.7 percent of the total employees iinder the Transportation codes. 
The hours of office workers in those Transportation codes wore not ab- 
normsily short - 40 hours in six codes, a,nd an average of 40 over four 
weeks in one. But the basic hours in Trucking,-, TraXisit, Motor Bus, House- 
hold C-oods Storage and L'oving, and other Transportation codes were ab- 
noimally long. 

Cod.es with office hoiirs lon;'?,'er or looser than basic hours . - Tlii s 
leaves 224 codes covering 38.6 percent of the employees under codes ths,t 
provided longer or looser hours for office employees tlian for basic em- 
ployees. Some such codes appea^red in every industry ^roup excepting the 
Finance codes - ana there the ba.sic hours were clerical hours. True, the 
emploj'"ees under codes with longer hours for office workers were neglig- 
ible in the follov7ing groups - Metals, Forest Products, Transportation, 
and Recreation. In other groups, they varied from 79,000 employees (Chem- 
icals) to 2,446,000 employees (Construction) - from 13.8 percent of all 
employees under the Food codes to 100 percent of all those in Rubber. 

Tliirty-two of tlie codes with office hours longer than basic were 
codes with ba.sic hours less than 40. In 18 of these the hours of office 
sjid clerical workers were 40 hours; in nine, an average of 40 hours over 
two to 52 weeks; the other five provided respectively 42-|, 44, 46, 48, 
and unlimited hours. 

The proportion of employees in codes with longer or looser hours for 
office workers was higher tlian the average (38.6 percent) in the follow- 
ing nine groups: Rubber, Paper, Construction, Graphic Arts, Territorial 
Codes, Textile Apparel, Textile Fabrics, Fuel, and Service Trades. It is 
worth looking a,t these groups to see what codes accounted for the pro- 
visions, ajid how long \7ere the hours allowed. 

'Tlie four Rubber codes permitted 48 hours per ^^eek for office workers 
but an average of 40 in one month. The basic hours in these codes were 
an average of 36 in Rubber Tire and a flat 40 hours in the other three 
codes. Tlais makes these Rubber codes 100 percent off ice-hours-longer-or- 
looser-than-basic hours, though not looser tiian the general run of office 
hours. 



p -1 • *» » 

p 



A 'I . « * » 





1 

>5 






135 




OH 










H ai 










P..H 

E o 










(D <D 
ft 


■0 C -r 
03 3 K 
<D^ Oi 


^cvl Hii^-i 1 1 t tc\ I 1 lol Ic^icM a^^<^c— 1 1 


^ 


rH 03 


^ 


rH N> K\ GS r<\ 


c 


■PXi 


1-5 4J ;g 






■p 


04J 








u 


4J -H 

O 03 
(D TD m 

Mo S 








o 
<r> -H 
E ra 


• 


■O CJVj'rH-^f- 1 ^-0^r^^O KVd"CJNVJD CM OvO CM t<\r-i O 


o 
■H « 


•O c--r— t^Lf^H rHCO CM Cr>co iH crs_d-rfNO rHvo J•^r^i— 


cd 03 a 
01 al ^ 


_4|JJ CM K\Cr\^0 vO_:J-rH ^OOO OvOJlSaD — 1 


•H H) 


03 O O 








> bO 


+; -H 








o c 


a c 03 








&.,? 


!h (0 O 


o 

© fi ■H 

11. oJ ai 


V£) 


OJ OvO CMVD K^O N-\CO av::tC>^0 rH_^rH 1 OJ CT^J-OJ O 


n bO 


00 


K^oJ H-:iuj oco ^<^^-o h cao ir\ cm rH c-^o kn 


<D (D f< 

P-, © ft 


O cj of 
S +3 ^ 


to 


NNvO ^r^C7No ^<^rH 00 o^^(^ onc3n irvrH rHco 


2 > 










^_g 










o 


^ 








B) ID 

a) ■« 

^ o 

o 




o 

ID g .H 
IQ CO Q 


_dfO ^/^lOI 1 1 ll>-l 1 t tc\ I 1^1 vjjvo KVit 1 

OC— >- r-\ C\j rH ON M3 rH OM<\ 
CO rH 3 pH vo ^ 


o 
-P c 


03 03 

■doc 


3^:1 


CM 


H 




g-g.? 


rH 


O O 1 \irs 1 1 CrsrfN 1 _d-rHC30 1 rH 1 1 on ' UN^O • 
liNCVl oflt— rH C-- hTN V.O CM P- NXD 


(U CQ 


<D O 03 


o 


VO 


tn IE 


t» -ri 


© -d 


O 


VOOJ ^ CM M 


oj <D 


O >3 > 


1 " 






£<>-- 


O 43 O 


3 n 0) 


OJ 




E o 


— ~ Sh 


w qj ^ 






OrH 


01 03 ft 










(D "Cf 




[>- 


rHoo_:d-l>-axcrMr\Lr\aD rH OOO o<X)so CM 1 O_4n0 KNKN 


>5 3 oi 

O 03 -H 


o 


O 


-d-ON I>-CO UN^tr\0 O CTncM hC\^ rH_;CrvC^O 
rHOO CM rHvO i-l CTNO\ H lK3- 3-h C^rH 


03 <D <D 
tn ID 


© p; "rl 
Pj gi to 


C^ 


?<*^ >-. 


rH 2 O 

ft D (D 


CO 


CM 


A! O O 


S -P X> 






f4 M 


Efl & 




OJ 


f-KVd-C--.-:d-cr^irv:::tuJ rH-d-CJNHco t-v£> 1 tr^O-^K^^t^ 


O O d 


K -P 03 


H 


l> 


CM-a-ONrH irco UN.VO iTNo ^<^c7^o kn-^o cjn un^o cm ONO 


OS 




oi 

-P 


lO 


H rOCO rH CM rH OJ CO Cr\ ON C--KV::ivD _^,cf^C^CNH 


l-l -p 




o 


r<- 


r-< CM rH 


OJ c o 




EH 


rH 




^ o ni 


I 


h 




0^ ^ Sh ol 


_, ^ 


i-^ 


soco cr\voco_:d-irvdMD unvo ono irMXNrH_d-OMr\M3 o-vd- 


KN ^ <D J^ 


r-i O 


S"^ 


l>--q"CM O CM crNLr<Z)_dTM CfNO LfNt— \C] LrM>-LfMrAOJ |>-CM 

U^-3--dM3 CM rvl rHMD rH O CTnKNOJ NMTNC^rrvdCO rH C— H 


Wo o 


Si rH 
43 ft 03 


s'^ 


iJ 13 oi 
<! c! OS m 


O E (D 
E-1® <b 


» CM 
gcM 


rH rH H rH rH CM rH t-i^ 


Eh S fn 








:■ 


Ph 3 




o 






<D © O 
•H E 


?i 


01 S-H 
n C5 09 


O 


OJrHlrHI 1 1 1001 1 ll/NI lt--IOJH0JrHI 
1 — i 


iM C E 


-J 43^ 






O CS 


ID -H 








■d OJ 


ft. m 


o 






£^& 


•H 


© -H 






■C ^ 


E 03 


CM 


LTVd- 1 CM KN 1 1 LnON 1 ITnCM rH 1 OJ I I rH 1 OJ rH 1 


<4-l O 


-P B 


Oi! 01 sj 


VO 




01 


^ ^ 


W o! ,Q 






03 <D 


^ P 








Cd 




o 






o o 

•H o 


01 03 
<0 tl 


© g "H 

U m m 


CM 


cMco i<vd-_d-rH_d--d-C^OMrMrvd-c\) oj h i h j-_dco oj 

H rH tr\ _d" rH CM CM 


03 


-o 3 


O^ OS 


CM 




nHl-l 


o 5 


53 -P ^ 






> o 

P. (D 


o^ 


■3 

o 








SO 
CM 


jNr<MCiC^C^rH_=fos_H-Crvo C^O CM-Jjtr) U-LfNOO O OJ 
»C rH ^<^ lKcM rH K\ J- r-t 


03 E 




(^ 






§g 






O 




•3 


iH -O 




4J 
O. 


a! o 
■H O 
O 




E-i 

01 


(D O 


ft 


dj o 


ftE 


ps 


U 43 


W 0! 


o 


© © 


0! 


b. 


U CQ 




bO 


ri n • OQH « o 


_§ 


t>> 


S-Po o© c oi-d 




o-P -H f, o ©mm 


-P 


ti 


O ^ <D (hoJ oic^ -a^i© 




■P 


■H -d ^ ft hO-P O 43 OS 43 -d H 


C 


5 


!-i 0« tSft C(L^T^cS c^ oiaJ 


t-r 


5 


r-t fjB +> (^hO! ^a>4:>4i 04J©f<.H 




■d 


<S ftrj C ■POfi.HrH43t, 




C 


■P al © ©©f,a!O;3O®4:>®0S o 




H 


og© 45t) tig HrH©O.Hf4ftOa!t)01H4J 
HS 01.rHt.©ft •H^^^X!-P01C©-H®^»H 
0!IH©S®^'<H>d-P4J43!HfteiCaifL,>rHaif^ 

if S S &! 2 ^■B ^oKK'^rOaic<saouo4:ih 
_®opoflalpD'0©©®a!ttOti>ri©©xl©© 


9S03 




1 




aSfcfeoa.(E;H!x^E^E-l^5fcelOE^(i^KcOg:KE^ I 



-d- 
o 



© 
© 

o ■ 

rH 
ft 

E 
© 

o 
o 

LfN 

Si 

43 

03 
03 
® 
1-q 



-136- 

AXl "but one cr«de (Wallpaper) in the Paper group had an average of 
40 hours in from four to 52 weeks. Four of these codes had a double 
average of 48 hours ovpr 13 weeks and 40 hours over 52 weeks. All of 
these codes had maximum hours over 40 - one a maximum sf 44; 26, a 48- 
hoiir maximum, paid four, unlimited hours. 

ffiie codes for Construction and for River and Harhor Improvements 
pciTnitted unlimited v/eckly hours for office workers, with an average of 
40 over f*ur weeks. Since the Constzu.ction code contained most of the 
employees in the Censtnxction group , the group scored 95.4 percent em- 
ployees in codes with looser provisions for office employees. 

Tne Graphic Arts code exempted office workers from all hours pro* 
visions; the Daily Newspaper code permitted a 44-hour week in cities 
25,000 to 50,000 and a flat 48-hour week in cities under 25,000. [[his 
gave tlie Graphic Arts group a score of 90.1 percent longer-hours-for- 
clerical workers. 

Tlic two Territorial codes witli longer-than-hasic-hours v/erc Needle- 
work in Puerto Eicfl and Manufacturing in Hawaii, each allowing 44 hours. 

The Apparel gr<»up had 25 codes \7ith longer hours for clerical workers 
thaii for "basic smployees. Some cf these codes permitted vei-y long hoiirs - 
unlimited in two small codes; unlimited "but averaged -co 40 in from five 
to 52 weeks in seven codes. The la.ttcr included four major codes: Men's 
Clothing, Cotton Garment, Underwear, and Infants' and Children's Wear, 
Four codes specified 48 hours avcra.ged to 40, and one code. Art ITeedlework, 
a flat 48, Two small codes included office workers in the 44-hour occupa- 
tions and Millinery had a special provision of 42i- hours. The remaining 
eight codes limited office vrorkers tri a flat 40-hour week hut seven of 
these codes count s.s longer-hours-for-clerical -workers because they had 
basic hours of less than 40, and the Hosiery code as looser hours for 
clerical worksrs because their daily hours were unlimited v/hile productive 
employees -were limited to sight per day. 

In the Textile Fabrics codes mth special ^revisions for office 
employees, Throwing provided 4/1. hours or longer- tlian-basic-hours for of- 
fice workers; the other 18 codes liad looser provisions for office employ- 
ees th.an the basic provisions. It sliould be reraem.bcred tliat the inelas- 
ticity in the Textile codes arose from the desire to limit production; 
there was no need for limiting production of office workers s« elasticity 
was secured through averaging. 

Bituminous Goal with a basic 35-hour week and lonlimited hours for 
office workers, the Production division o-*" petroleum with a 36-hour basic 
week and the Market division with a 40-hour basic week and a 48-hour max- 
imum week for office workers averaged to 40 hours over two weeks covered 
52,5 percent of the employees in the Fuel group , 

lovLT Service codes were responsible for the longer-than-basic hours 
in this group. Car Advertising had a 41 -hour week for office workers; 
Cleaning and Laundry had a 48-hour week for office workers and 40 hours 
f(?r basic employees; and Advertising Distributing, provided an average of 
44 hours over f»ur weeks, with unlimited hours any cnc week for office 
workers compared with a maximum of 48 hours averaged to 40 over 26 weeks 
for basic employees. 



45 


5 


487 


506 


48 


67 


7.4 


.9 


84.3 


87.5 


8.3 


•■■ • 11.6 


9.6 


.3 


57.3 


67.7 


33.1^ 


32.0 



-137- 
VI . COHCEMTaATI OH OF OFPICS HOURS ABOUiro 40 HOURS PER WEK 

It will. Tdg remembcrGd tliat the codes were classified according to 
hours of "basic employees as 40-ho"ar codes, lcss-than-40-hour codes, sJid 
more~tlian-40-hour codes, counting as 40-hour codffs those with maximum 40 
hours, basic 40 hours, axid average 40 hours. If the same procedure is 
followed for office and clerical \TOrkcrs, talkie 40 and 41 result. Tiflien 
the totals of these tables are comjjared with those of tahles 7 and 8, 
the tahle below results: 

Basic Office 

Codes employees employees a/ 

Less than 40-hour codes 
40 -hour codec 
^ More than 4D-hour codes 

Percenta.ge of codes 
Less than 40-hour codes 
40-hour codes 
More than 40-hour codes 

Percentage of employees covered .!)/ 
Less than 40-hour codes 
40-hour codes 
More than 40-hour codes 



a/-Tlais table will not check with table 35 which tabulates 

. mr^-fxinium hours. , ■ . 

■ b/ God.es are iveighted by total employees in both columns. 



As Table 41 sliows, the percentage of codes ^irith a 40-hour week, or 
more or less, varied grea^tly from industry group to group. Ihe Lletals, 
Paper, Rubber, and Construction codes are listed as 100 percent 49-hour 
codes for office -workers, the 40-hour codes including average 40-hour 
codes. At the other extreme are the Retail codes, only 30.4 percent 
40-hour cfdes. Even grea,ter variation is seen in the columns rf percent- 
age Qj employees covered by these codes. Hie same four codes are, of 
course, listed as 100 percent; at the other extreme arc Retail Trade codes 
with only 7.8 jjercent of the employees covered by these codes with a basic 
40-hour week for office workers, Graphic Arts with 9.6 and Fuel with 39.2 
percent. 

Codes with less than 40 hours for office workers . - The five codes 
with office houjrs less than 40 included three codes which had no special 
hours provisions for office workers and to which mentioned office workers 
especially but provided much the same hours for them as for basic emploj^ees, 
These latter were Pasted Shoe Stock which had a general provision covering 
"employees including office workers" and Wholesale Confectioners which 
provided that: " • . 

"Ho clej.-ical, accounting or other office employees shall be 
permitted .to work in excess of 36 hours in any week or eight hours 
in any 24-hour period, except as herein otherwise provided. " 

9803 



TliolcGale Confectioners 


36 


8 


Print Roller 


35 


7 


Sliipliuil ding* 


36 


U 


llusic Futlishing 


38 


7 



-158- 

The ezceptions were an e::tro. eif^^t hours one week each year for inventory 
purposes. The hours for "basic employees in this code were 36 axid 8 ex- 
ceptin/^ that an extra two hours could he worked one day each week. 

Tlie hours of office workers in these codes \'vere as follows: 

Weekly Daily 

Pasted Shoe Stock ' 36 S with two 8-week 

pealc periods at 
40 liours 



with 40 hours tolerance 
in one year; oveiitirne 
after 38 and 7' and maxinnim 
of 46' hours per i^eek. 



* Tlicse hours applied only to office workers paid on an hourly hasis. 

Codes mth more than- 40 hours for office workers .- The 67 codes 
providing more than 40 hours per week for office \7orkers were in 18 of 
the 22 industrial groups, only Petals, Paper, Habher, .and Construction 
having no such codes. Twenty-six of these codes included office workers 
under basic provisions; of the 41 special provisions,- 33 gave office: 
workers longer tlian basic hours; one, Country Grain Elevators, had the 
same provisions for office and clerical and for basic employees; and two, 
Southern Rice ".iilling and TTholesale Fruit and Vegetable, provided shorter 
hours for office employees - 44 compared ?/ith 48 for basic employees. 

' It is of interest that though 33 of these more-than-40-hour codes 
for office workers were more-than-40-hour codes for basic fimployees also, 
29 were 40-hour codes for basic employees aaid five were loss-than-40- 
hour codes for basic employees. This is partly counterbalanced by 16 
codes with hours for basic employees more tlirn 40 and office employees 
in the 40 -hour group. 

ill of this means tha-t o'ffice hours, more than basic hours, tended 
to concentrate about 40 hours, ^lethcr one looks at codes or at em- 
ployees, the tendency is unmistakable. It seems likely that hours for 
office workers tended to concentrate at '10 before the WRA. Certainly in 
the large cities a 7-hour day, 39-hour week in vdnter and 35 or 33 hours 
in sumaer have been standard office hours for at least the past decade. 
It seems likely, toe, that the TRA did little to change hours of office 
workers, though there wa.s much unemployment among v/orkers of this sort, 

VII. HOURS FOR OFFICE 3TD aERICAL WORKERS IIT MAJOR CODES 

Table 12 shows the provisions in the major codes for office and 
clerical workers. Forty-eight of the 72 codes with 50,000 or more em- 
ployees had special hours provisions for office workers. This is 55.5 
percent of the major codes compared with 55.4 percent of all approved 

9803 



TjiSLE 40 

Distribution of codes and employees covered by the codes, 
classified "by length of week for office employees, "by 
Industry groups 





: Co de 3 : 


: Employees ( 


in thousands^ 






:Less 




:I.iore' : 




rLcss' 




:I.Iore 






: than 


•40- 


: thaji : 




• than 


; 40- 


: then 


Industry 


: Total 


:40 


:hour 


:40 : 


: Total 


:40 


: hour 


:40 






: hours 


:week 


: hours: 




: hours 


; week 


: hours 


Total 


: 578 


: 5 


: ■ 506 


: 67 : 


: 22,554 


: 72 


: 15, 271 


i 7. 211 


Metr.ls 


: 12 




:' 12 




: ■ 576 




576 




ITon-Mstallic 


: 52 


; - 


: 50 


: 2 : 


:■ .448 


; . — 


: 403 


: 45 


Fuel 


: 5 


: - 


: 3 


: 2 : 


: 1,429 


; — 


: 417 


: 1,012 


Forest Products 


: 17 


: — 


• 15 


: 2 : 


: 506 


: — 


: 605 


: 1 


Chemicals, etc. 


: 33 


; w 


■ 31 


: 1 : 


228 


; — " 


;■ ■ 224 


: 4 


Paper 


: 32 


; — 


• 32 


; — ; 


: 294 


; _ 


: 294 


• « 


Bahber 


4 


■ ~ 


4 


; — ; 


:■ l^j 


; _ 


: 155 


• V 


Equipment 


: 92 




87 


: 3 : 


: 1,684 


: 55 


: 1,599 


: 30 


Food 


• 48 


~ 


44 


4 : 


:•■ 1,146 


** 


: 1,064 


: 82 


Textile Fahrics 


40 


— 


39 


" 1 : 


: 1,025 


; «' 


: 978 


: 47 


Textile Apparel 


45 : 


*^ 


40 


5 : 


: 996 


— 


943 


53 


Leather and Furs ; 


11 : 


1 : 


9 


1 : 


: 309 


. 1 


307 


1 


Fahricating j 


82 : 


- ; 


■ 77: 


5 : 


:■ 1,250 


— . 


1,213 


37 


Gi-apliic Arts : 


6 : 


1 : 


3: 


2 : 


: 375 


1 


36 


338 


Construction : 


10 : 


— ; 


10: 


_ ; 


: 2,565: 


. 


2,565 




Tra:isportation : 


. 13 : 


-,.: 


. 1.2: 


1 : 


: 1 , 751 : 


w ; 


1,710: 


41 


Finance : 


5 : 


— ; 


3: 


2 : 


: 374: 


•• ; 


325: 


49 


Recreation : 


■ 5 : 


- : 


■ -'4: 


1 : 


: 459: 


*- * 


449: 


10 


Service Trades : 


12 : 


** • 


6: 


5 : 


: 854: 


»• • 


170: 


684 


Wholesale Trades : 


• 24 : 


1 : 


18: 


5 : 


: 1,127: 


15 : 


867: 


245 


Retail Trades : 


23 : 


- : 


7: 


16 : 


: 4,779: 


_. • 


371: 


4,408 


Territorial 


7 : 


** ! 


•OT * 


7 : 


: 124: 


— : 


"'. 


124 



9803 



-140- 





1 — ( 


Q) ■A 


o 


O to CM h- 


I I to CM 1^ 


r^r^ O H 


r^ rH CM o r— 


CM O 




o 


S^^ 


• 


.).•.*.•• 


. «. • •. 


- ••••'• • t • 


. •. «i «. « ». 


- • • 


w 


o 


CM 


o c:i r-i, 


H r-J- 


Lr^ ro,o 


CM r^ CM O rH 


OJ o 


o 


53 


G -*-■ 


^-^ 


H r^ 




. .■ cr\ 


H to CM 


CTAO 


o 
o 
















r^ 








cb o oj lo l■'-^ 


O O cr>to J- 


' t^^' <SuJ <D ■ 


r^ C3^tO O CTi 


to* 


>r 




fH ^i 


r- 


•■•.»■• ». 


«••-•'• ■• 


- •■ •• «. • *• 


••«••-• •• 


• t 


^ 




I pi o 


« 


O O O^ CJ^ w 


O O ^- CM LT^ 


^ O^ t~- CT> O 


r~->^D r^ o v-O 


r— 






O O Q> 


r- 


o cr» c\j o^ o^ 


O O CTi CT^ O^ 


CJ^ CTi CTi O 


cr\to cr\CM t-- 




n3 
<1) 

CO 

> 




^X) 


r-1 


H H 


H 






IJ 


to ■A 


r^ 




r^ 


K^ t^ 


r^ 




o 


'o 


w cS O 


• 


I I I I I 


11 • I ! 


■ I -I • I 


I I I- 1 • 


1 t 


o 


CJ 


(B A^ 


O 




r^ 




r^ 




CO 


r^ 


iH -P 








• •• •• •• »• •• • 






0) 




•p 














h 




rM rt 


o 


o o o o o 


O O O O O , 


o o o o o 


o o o o o 


o o 


o 




ri o • 


• 


. *■•.*■• a- 


. «. •. •. •• •-' 


•■ •• •. • a. 


. «. •. f • » 


. • • 


I-) 




■P o 


o 


o o o o o 


o o o o o 


o o o o o 


o o o o o 


o o 


c 




O Sm 


o 


o o o o o 


o o o o-o 


o o o o o 


o o o o o 


o o 


fl 




Eh 0) 


1-1 


rH H H r-H H 


rH rH H H rH 


H rH rH H H 


^-^ H H rH rH 


r-\ H 




!-i 


^ 


VJ3 to OSVJD to 


^ L^^,-^u^ ltn 


yD CT\o ur\ur^ 


H^ cn^ r- 


CJ>^ 






H CD 


LP 


^-^ CM O 1^ 


en Lr^ to ^- CM 


CJ^ O Lf^ h-U5 


LOI^ LTMi^CM 


h- CM 






Cd rQ 


LP 


in^ ^ Vd cvi 


CM rHV.O H O 


CTv r^ CM K^ LC^ 


r— r'-^ J- to rH 


l^rH 






-p n 




•1 ■ 


«k M n 


Si* «S 


*« »» 


#k 






o -^ 


OJ 


H 


rH H rH 


r-^ ro 


H H 


^ 


• • 




EH S 


CM 


_ 










'* 


l.yt 


CD fi 


VjD 


to O to r-' 


h "^ K^ LOi 


H rH H K-i 


I^O o o to 


VX) o 




'ffl 


fn Cd G 


• 


. t . •. •■ <i • 


It- .. • . 


. «• •. • • \ . 


' •.«.••• «. 


. • ■ 




CD 


o ^a^ 


>H 


. -3^ rH 


r^ to CM 


rH c^>-0 r^ 


r—c:) c:) c> G 


CTlO 




!3 


B += 


iH 




h-^ 


^ CM Li^CM 


•^ o 

H 




f-< ^ 


LT 


O CM O CM CTi 


O O LT^h- UA 


cr\ to o'^ O. O 


K>0 O O O 


^ 






■I p! CD 


* 


• •' •<»••' 


■ •■ •■ a. • •■ 


. ». o- ••■ o o. 


. 9. «■ «■ • «. 


• I 






O O CD 


r- 


o UD o 10 r^ 


o o J- H r-- 


to H r^ o o 


CM O O O LTN 


o 






to 


O c^^v^ to C3> 


O O CPi CT\ CJ^ 


to to C3^ LPi O 


cy\\S) to LCM — 


t^ 


w 








rH 


rH rH 


H 






i.^ 


t/3 S 


cr- 




C\i 


H r- 


CM 




0) 


% 


CO tti O 


• 


t t ] t I 


I- I • I I 


• I •■ I • t 


till* 


I I 


t:! 


(D 


QJ ^^ 


O 




CM 


o■^ VD 


^ 




o 


'^ 


M -P 








H 






o 




















■(J 


















C! 


o 


o o o o o 


O O O O O 


o o o o o 


o o o o o 


o o 






rH CD . 


• 


. •. •. ^ • •■ 


• ■■••-• •• 


. •.•••.« «. 


•.«.•.• «. 


■ • • 






k3 o 


o 


O O Q O O 


o o o o o 


o o o o o 


o o o o o 


o o 






-P Th 


o 


o o o o o 


o o o o o 


o o o o o 


o o o o o 


o o 






O CD 


r-H 


H rH H H H 


H rH rH rH rH 


rH rH rH rH rH 


rH rH H rH rH 


rH r-\ 






EH PL, 














■■ 


?H 


" 
















r-^ CD 


















CS rCl 


K) 


cj CM ir^r^K^ 


CM ^ CM to O 


LPv rH CMUD O 


K^ LTMiT^ CM J- 


r^ 1 — 






-P 3 


r— 


rH IX^ r-\ t^ 


1^ o-\^ ^ 


J- H CO H 


r-\ rH CM 


CM 






EH ,=:!< 


'lT^ 
















H 


ux 














c3 


H 




> 


• 








HJ 


td 






O 








O 


!-( 






•P 








EH 


(0 




CO 


01 










•H ■ m * 


w 


rH in 


•. © 






u 




S -P o 

O -P 


o 

•ri 


S^ 


S CO 1X3 

O CD c\3 


to 




+3 




O d CD 


^H 


c^! CO p! 


•H -Xi fH 


(U 




tn 




.r\ .5 


,a 


p, ^d 6J -P o 


-P cd EH 


TlJ H 




d 




rH O " 


CO 


p^ FJ a fn -H 


c5 A U 


Cu ctf 




■e 




r-^ U m 


•p Fh 


-a! cd -H <ii -P 


+= O Eh CD 


f^ -H 




fi 




C\5 P^ rH 


c 


+= O 


fn -H rH 


EH U 




t-H 




+= Co 


CD CD 


CD ^H n3 O d 
H CD O .H S 


O CD -P CD Cti 


O 








to CD -P O 


Sh B rH 


pl o cd o to 


H -P 








rH 3 to -H 


fH CD p^ -H 


■H ^a -rl ^ += 


to f! -H CD 


•H 'H 








ca t rH CD p 


(D rO -H Tj HJ 


HJ -P fn P^ CO 


q <A U> r-\ 


fij ;h 








4^ fj © ^ Q) 


p^r<3 pi O X 


H Cu rS^ Co rt 


ri (D O In O 


•P ^^ 










CD O d O ^ 

3 Js; fi Fh o 


Cj d cr' o <D 
P4 fi H [iH EH 


ai CD ri3 f^ o 

EH Hi P>H CS O 


M -H O CD <:3 

EH ph m W ^ 


0) CD 
rt EH 



9803 



-141- ■■ 

codes. Tfoen translated into percentages of employees covered, there is 
little difference, 60.6 percenfof the employees iinder the major codes 
and 60.2 percent of all employees -under codes having special provisions 
for office ^jrorkers. . 

ITineteen of the major codes with special provisions for office 
yorkers provided for a 40-hour week. Two of these had some elasticity, 
however. The Hosiery code allovred two 5-week peak periods with hours 
up to 48 and time and one-half over 40 hours. The Copper code allowed 
48 hours for one week out of each month. 

Eleven of the mpjor codes allowed up to 48 hours per week with an 
average of 40 in anywhere from two weeks (Petroleum) to one year in Auto- 
mohiles, and in Automotive Parts. Nine major codes permitted unlimited 
weekly hours for office workers with an avere.ge of 40 in anywhere from 
one month (Construction, Motor Bus, Underwea.r) to one year (i.ien' s Cloth- 
ing) . 

The other ten codes made no Toretense of being 40-hour codes for of- 
fice workers. Three were 44-hour codes - TTiolesale Fruit and Vegetahle, 
IToec'ileiTOrk in Puorto Rico, and i.iotor Vehicle Liaintenance; and it is v/orth 
mentioning that the 44-hour week for office ^Yorkers in \7holesale Fiuit 
and Vegetahle was less than that for 'basic employees. Advertising Dis- 
trihuting was an average 44-hour code, with an averaging period of one 
month. Three were 48-hour codes - Daily newspaper, Cleaning and Dyeing, 
and Laundry; all of these provided longer hours for office workers than 
the ha,sic hours. Three h-ad entirely unlimited hours for office workers - 
Bituminous Coal, Retail Solid Fuel, and Graphic Arts. It would seem that 
the lahor unions wliich participa.ted in the code m'aking for these la^tter 
codes neglected the office workers in their industries. 

Four of the major codes, Trucking, Household Goods Storage and Mov- 
ing, Fishery and Automotive Parts limited days of office workers to six 
per week, 

VIII . SUIviiaARY: THE PROBLEM OF OFFICE HOURS 

This cha,pter has shovm what a variety of provisions with reference 
to hours of office v/orkerc the codes included. The Recovery Administra- 
tion gave administrative approval to office hours longer than hasic hours; 
to office hours shorter than basic ho^xrs; to codes which had no clean-cut 
provisions for office workers; to codes which excluded office workers 
from the "benefit of all hours regulations; to averaging provisions for 
office workers varying greatly in the period to ho averaged, the average 
hours specified, and the increases allo\'7ed in weekly hours; and to a host 
of otlier provisions for elasticity. 

Many questions of policy and procedure are raised by this hodge- 
podge of code provisions. As ba,sic hours are reduced belovr 40, are the 
hours of office and clerical workers to remain pegged at 40? Is there 
a;iy reason why office workers in laundries, dry cleaning establishjnents, 
men's clothing factories, or rubber tire factories should Y/ork longer 
hours than the operators? Is there any reason why office workers in such 

9803 



-142- 

organi::ed industries as Bituminous Coal iviining should "be allowed, un- 
limited liours? If some businesses need elasticity for montlily peaJ^is of 
office business, how can the needs of the situation - the needs of the 
■business ajid of the office workers - he met? Is there any real need for 
an averaging period runninr.; longer than a month? 



( 



9803 



-143- 
CliAPTER VII 

ELASTICITY FOR SPECIAL GROUPS OF EMPLOYEES 

In additioA to tae elasticit;^' through averaging and siDecial periods there 
early developed in MRil codes a policy of excepting certain groups of employees 
from the. maximum hours, provisions. These provisions were of great variety. 
In sorae codes the entire occupation was excepted; in other codes only those 
earning more thaji a certain wage, usually $35 per week. Some codes excepted 
certain groups from all hours limitations; other codes prescribed definite 
hours for these excepted occupations longer and looser than the basic hours; 
some codes limited the hours of these groups through averaging Drovisions or 
the requirement of overtime payments after certain hours. 

PRECEDENTS FOR EXCEPTED 0CCUPATI0M5. 

The PEA set the -orecedent for exem.7Dting certain occupations from the 
maximum hours -orovisions. The groups it excerited were (1) em-oloyees in estab- 
lislunents employing not more than two persons in towns of less than 2,500 
T)opulation not a r)art of a larger trad.e area; (2) registered pharmacists or 
other -orof essional persons emrjloyed in their professions; (3) employees in a 
managerial or executive capacity who received more than ^35 per week; (4) 
employees on emergency maintenance and repair work; and (5) highly skilled 
workers on continuous xirocesses in very special cases where restriction of 
hours on continuous processes would unavoidably reduce production. These lat- 
ter worters were to receive overtime pay. 

The Cotton 'Textile code had previously been approved with numerous occu- 
pational exemptions. These were grouDS which were not affected by the limita- 
tion of the opers.tion of Tirod.uctive machinery to two 40-hour shifts. The code 
as submitted totallj'' exempted "repairshox) crews, engineers, electricians, fire- 
men, office and supervisory staff, shipping, watching and outside crews and 
clea,ners" from the maximum hours. The President's conditions of approval 
included: 

"While the exception of repair- shop crews, engineers, elec- 
tricians and watching crews from the maximum hour Drovisions is 
approved, it is on the condition that time and one-half be paid 
for overtime. 

'•¥hile the exception of cleaners and outside worfers is approved 
for the present, it is on condition that the Planning and Supervisory 
Committee. . .prepare and submit to the Ad-ministration, by January 1, 
1934, a schedule of minimum wages and of maximum hours for these classes."* 

The industry countered with the proposal: 

"On and after the effective date the maximum hours of labor 
of repair-shop crews, engineers, electricians, and watching crews in 
the Cotton Textile Industry shall, except in case of emergency work, 
be 40 hours a week with a tolerance of 10 percent. Any emergency 
time in any mill shall be reported monthly to the Planning and Fa-ir 
Practice Agency. .. through the Cotton-Textile Institute." ** 

This proposal was accepted by the Administration. Amendment 2, approved 
December 27, established a, 44-hour week for cleaners and a 



* Codes of Fair Cora-oetition, Vol. I, pp. 1-2. 
** Codes of Fair Com-^etition, Vol. I, T3p. 22. 

9803 



__144r- 



44— ho"'-r '-'o°l' for 0".tsi''''== °'";o"'-0''''='='s "^'-'c^ot in nps^s of °n^re:=!nr!y«" (* J 

It is th° vn^'^o?,'^. of this "hp-ot^r to '="''nin'^ th^ 00^'=^ -orovis- 
ions for th'^s" "y'^^ot^d oo.c.T''OPti'^ns» First ■^ill 1)° o,onsid°r'='d in 
soTn° d^^tail th'=! -orovisions for niaint'='nann<= ?n''' r'^nair; th-'^n in. .a 
mor'^ s=^n'=^ral '-'a;"' th'^ -^.od" stanr^ards for t}i° oth=r/e:vce'oteo occuriations. 

1 1 . EMSTICITY 70 R : lAIIIT^^T^AI-TCE ATD VZFklT. 

Th° ood^s tJTovid^d '^l-istio.ity for "laint^npn'^.p nnd r°^?ir in t'^o 
diff'^r'=^nt ^s^'s' (l) lon^:°r or loos=>r r^-^il'^r hours for Ttiaint^nanc^ 
and r.c'-Dair-shor) '•'.r'^^s .?nc (?) n.nlinit^i'^ ho-;rs d-'ring °ni°rg°nf^''^ r°- 
^air -n-^riods . Th-'s'^ t'--o tynps of "orovisions ^'=r=? not so distinct ps 
som° '-rit^rs on IHIA. oori° ^rovisi'^ns ha.T'° nssTi.''a°d; in fpnt "orovisions 
for r'^-o'-ir or°'-'s shad" off into provisions for <=:rr[(=.rr.'^n^.-r r=-oa,ir 
■o°rio(?s; many of th° 'oro^risions, suoh n.s thos" for " °n^rg"nc'"' r^npir 
crey's " ar'^ difficiilt to ^.lassif''''. As th=> i^ode -orovisions hav^ 'b^-'^-r. 
c!lassifi'=d in this studv, 197, o.od«=s -nrovir'^d for Tong'=r-than-"ba,sio 
hours as r^gulpr hours for r°T)Pir-shor> '--,-'='^5, ano '^85 o.od^s for 
longer hours di.iring o-i^rg^ncv r=-r)air iD^riorls- (So^ Trhl" H p),J"in°ty- 
°ight 'lod^s ^°v°. in both thps° ^ro-i-os "nd p.noth'='r 98 nori'=!s had no 
STD-^oAal nrovisi'in for "^l-isticitY for ^aint==npnop anri r°'nplrs« (**) 

Provisions for Tna . int"na,no" ■'^n'"' r^'oair, "by inciustry groims. - 
Thus on°-third of th° '-O'T'^s tr°^t='d 'npint^npnos (***) r)-ar\ r^-oa.ir- 
shoT) cr^-'^s as '^xc=>-Dtpd occn.-oations* Th^ "foUo'-'ing gron.ris us'^d this 



(*) CodPs of Fair Co-n^tition, Vol. IV, ot. 675. 

(**) Som° of th° codes ^ith no -nrovision for r°'OPir-sho-o 

cre-^s PS sTi-ch ine,l-ad=id th°ra in a -nrovision for "all oth°r 
pTToin-rqag, " Jpj. instpnoft, in Dr^ss Tnanufpcturing, 
i-7h°re e'To]oye°s on the "n°o.hanicaT 'orocess^s of nanufpctur^" 
•^^re li"iit°d to 35 hours and "all oth^r pttoTovp^s" ^^^r^ 
"o^rTnitted to '-ork 40 ho-irs, th^ all oth'^r ='tto1o-"-°'=s "o^ild 
ino,l\ide r'=''OPir-shoT) cre-'s. Ko tal^ulation has h^^n mad.e 
of the codes "hich included r ^nair- sho-o cre^s in "all oth'T 

e'TOlOVpog," 

(***) Fiv" codes contained ^fefinitions of Tfiaint°nanoe ottit^Io-'-pps 
d'= signed to -nrpv^nt aouse of the longer hon.rs allo^pd 
th°se ■"or)--=rsl The Indi'strial Safety Eaui-oTnent corie, 
for instance,' stated: "Thp tprm 'naintenancp pn-nloyee' 
shall mean an""- eToloypp '"ho, thrdgh srs^cial training 
or mecha.nical a.hilit"'', is essential to the ut)keep and/or 
preservation of thp -oreinises and Bro-c^rty of the establish- 
ment , anr" shall not include such workers as -^oorters, 
eleva.tor oiD^rators, janitors, anr" cleaners," 



980? 



145 



St 

3 
% 



u 



I 

■i 

I 

t 

& 
h 



Bspoj^ ITSlSH 
ssinuu 

lOi pus jsq^-BSi 

sotaqBj-ssfHiai 

^asmdxtii)! 

•oae 'sxoofuatio 

BTB^SJl 



Si, 



& 



C\J (\J I r^ 

CU^ CU BO 

01 CM i-l CU 

I I I ir< 



CT^,^ CJ ON 
CU IT, rH 

"•Mn I K^ 
fH to cr, ir\ 



J3- t^f*^ I 



I >^ I r-l 



r- K^ K% I f-i 



a> O y3 W 



I I I I (M I nj 

I I I I ITt r-( VA 

1 J* I l<\* I 

I I I nj I I 

I I I I i-t iH 

III III 

1-4 1 I <M I I 

I I I I I I 

I rt iH »-( H I 

F^ W CU J* m i-l f 

I I I I t^ I n 

ni OMH I 10 iH ir 

I r- I d-jt I cvi 

iH ■* 

iH iH ri tVia' I 



r* I 1-1 W I I 

I I I I I I 

I CM I KM— I 

I I I IM rH I 

III ill 

1 ir» I f\=i- w'K 

I vO I III 



•3 



« O -H 



5 s 



i* 



O A O O 



J? 

« 3 



9803 






U 



•2 " 



•H (8 © 

«J ft +a 

t» o o 

^ o M 

o tJ 

(3 tD h 

0) O -H 



Sfi 



"S ^ PI'S >, 

p, o » o »a 

c ii h o> 

O p M 9 M O 

SO « O « ^ 

A p4 ^ P, 

- ^ m \Q o £ 

« 3- h ^ h *• 

C 3 P »J a 

3 b g h o a h 

a %i A o ,4 -H « 

a J3- in to a ••» 

a D J- ji- J- C! o 



I I CM I I 

I I r<> I K\ 



I I 



I I 
I I 

I I 



inirtcvi rH I 

I rH rH II 

fr\ \ ^ f^ \ 

OlrH CM 11 

I I CM rH I 

r«^(u \^ A r* 

I I I I I 

III II 

I CM K\ K\rH 

ro I I II 

I I I I i 

I J» r^ CM rH 

ir| I ir> I II 

CM PS CM rH 



— h 

rH « 
^ iH to 

o d to 



■*> (D 2> O 



(« (4 

ill 

01 o o 



•H 
h rH 
• . 

J| 

^ m 
• »< 

« CTt O 

h .a 
o - +» 
a to o 



CM I rH 

ir\rH VD 

ITlN H 



K\0 
tH 

CM i 

a- rH 



KiCM iH 

I i I 

C ITMO 
IT r^A 



^P ^ 



rH I I I I ,H 

CM I (M CM I 

to I rH CM I rH 

f*^ I H 1 I 

rH I I I rH CM 

I I I I I I 

J* H I CM i I" 

CM I rH rH I 

I I rH I I 

BO 0^ ON ITN rH 

rH r* 

CM I CM I rH 



IfN ITlCM I I 

CTi lO;* W) t 

Q I vfl KN CM 

lO ;* r*- CM rH 

r* rr^ 

I I H CM. I 

CM ri CM I I 

CM 

r»- I r— KN rH 

K] rH I w KN rH 

I I I I I 

to CM K>ff\ rH 



H I I 
I VX> I 



KN r\ I 

I CM I 
I I I 



If lOCM I 



CM r~- ir\ I 



;* 

o 
ir 

I r\ I 

UiCM t^ I 



.CM 



to m r<^ I 



I CM r- I fH o rH cr> I 



to ff^ crvcM o 



■5! S 



OJ 






•d fi V. 

<D --( rH 

H •*=* 5 

£***'? 

O 4> 0) 

K fl d 

o o o 



OS 

M « a> 

a Fi El 



•r* -do 

<C O Oh 

Pi d to P, O 

^ - ^ 

w o V o ^d 

g) fl » > ^ g 

St. p o 

Q> (D^ n 

P. P. ^ h 



Pi 



U 



H^ 

BO 

a « 

I -s 



n Eo 



6 S 95 

o o 

« tl 



i-5 

•*> a jJ 

H^ s 

O H *» 

tig 






9 T) 2 
o o E 



rH * 



« a h 3 

S ^ .H o 

^'<» e-o 
?t ^ I 

o 3 2 

•^^ d -H BO 

•d V -p o 

O <D r^ 

•H » ^ rt 



o o 



B O pt (3 

M a O O 

P O ^ 

o a -p 

7 -S h a 

s o -s 

"d d ^ >« 

•d o M iH 

d • 

>> « S ca 

f-4 h O 

^ s I s 

« a u 
» «> 

a « o 

E< EH s< a 



-146- 

provision in half or inor'^ of th^ir oodi^sJ Rub'b^^r, Grat)hic Arts, 
T^-tile ?pbrics, and M'^tals, Th". following ■as'=^d it in one-third 
to on=!-half of th°' o.od^s.' Textile A-o'o.t'^I, '?hol'=-s.'a°, Smii^^r^nt, 
R'=*cr°ation, Chf^Tnicals, pnd. Fnhricatins;, The Fuel, Paper , Construotion, 
pnd Finance '-od'^s h^r^ no siioh provisions. 

Tvro-thirc's of th'^ ^odes had sp°cial hours provisions for 
emergency r^-pair periods. This proportion "rs ezo^^ded in the 
follo-ing groups of nodes: Pap'=r, Food, Hetals, lion-He t all ic Min- 
erals, Textile Fahrics, Constniotion, Forer;t Products, Rubher, Equip- 
ment, Transportation, ;-\nd Pahircating, C^nlv one industry gropp - 
Finance - included no code liaving snch a provisi'^n, 

Ninet^'^-eight cod-^s provided hoth lon^°r regular hours for 
repair-shop creT^s and unlimited hoii.rs dvring emergency r°pair periods! 
2" Eci\Lipra°nt codes; PP. Te^-tile Fabrics cod^s; 1? Fabricating codes; 
nin^ in T«=:.:tilP Apparel; six each in Metals, llon-lietallic Minerals, 
and Food; and 14 in six other groups. 

Ma^-imum hours for r^-pajr-sho-n cre^s. - The Cotton Textile rode 
set the style for "a tolerance of 10 p^rc«nt" over 40 hours for r=- 
pa,ir-shop cr^^s. Altogether 81 cod°s s'^t M hours as a standard 
for r^-oair-shop cre^^rs, as sho^^Ti in the 4S» Onlv si- cod°s s"t hours 
at less than 44, ^'hile 106 set hours higher than 44, Of thes-^ 
latter, ei^ht sp^cifi^d 45 or 46 hours; ?9 codes, 48 hours; three, 
more than 48 hours; 64, unlimited daily and '-r^o^-rly hoi^rs; and t^o, 
•unlimited ho-^rs r'oov^y iiiit, -^ith daily limits. Fifteen codeg pro- 
vided for averaging of hours. 

Overtime "oa'^m^nts for repair— shoo cre-^^s . - As tabl° 4? sho-^s, 
101 of the 19" codes "ith special hours provisions for repair-shop 
crs'^s provid.ed. for overtime navynents aft'^r certain hours* Thirtv 
codes provided, for penalty payments 8.ft^r 40 hours per '-eeV and 
= ight P'=r day'' 1? of these -rrora in Sqii.ipraent, fiv^ each in Fabricat- 
ing and. Matals, four in Hon-Metallic I'inTals, t'^p in Chemicals, 
a-nci one each in Textile Fabrics and Leather and Fur, TT^i=nt''--six 
cod.'^s, nin= of them in Toxtil"^ Fabrics, r=atiired overtime rates 
af t=!r 40 hours p-^r '^e^v but on no daily base. Another P6 had a 
base high'=r than 40 hours p^r '^eek* Thirteen codes provided, for 
pa""Tn°nt of overtime only after 8, 9, or 10 hours daily; as ha.s been 
indicated °3rli°r, this provided no penalty rate for '-^ork on Sa.turday 
beyond the Tr^eirly ma.ximum. The Pipe iTiTo-o] q code provided for overtime 
after "^5 hours; t'-'O codes r'='auired pena"'.tv rates after "regular hours"; 
and three Retail codes ha.d a tolerance of six hours beyond the nominal 
limits before ov^rtim? ra.tes ^^oijld apply. 



CO 



The rate most frequently specified '■'as time and one-third (56 
des). The oth^r 45 codes provid-d tim^ and one half. 



Other elasticities for re-pair-shop cre^-'s. - Repair- shop cre^-^s 
shared in th° g°n<^ral elasticities of th^ir codes. For instance, 
they T^ope allowed to '"ork longer in neak "o^riods; it has been ment- 
ioned that some cod.^^s S"oecif icia,lly a,ll0'"°d. repair-shop cre^-^s 5P hours 
or more du.ring "oeriods "'hen the 40-hour emnlovees r^ere allo'^ed. to ■^ork 

9803 



< 



-147- 

48 hours. (*) In some codes, reapir-shop crews vrere allowed longer 
hours in emergency periods also. (**) 

Table 42 shovrs that more than half ox the 193 codes vdth 
special hours nrovisions for repair-shop cvevis had calso an arrange- 
ment for still longer hours in emergency repair periods. Of course 
the 64 codes T'ritii regular hours of repair crerrs unlimited daily and 
weekly, the two with unlimited weekly hours, and the one with 60 
hours weekly and unlimited dail?/ hours needed no looser arrajige- 
raents to take care of any "emergency" repair periods. 

Definitions of emergency repp -i r periods.- Twice as many codes 
(385) provided for elasticity for emergency repair Deriods, as for 
reriair crews. This provision was- sometimes as vague as the state- 
ment "except in emergency" in the Cotton Textile code provision 
quoted in section I aoove; sometime it was sta,ted more fully a.s 
in the follo-^ing paragraph from Code Ho. 38 for Soiler Manufactur- 
ing: 

"In cases of emergency "oroduction, repair, or erec- 
tion work that cannot be met by the em-ployraent of 
additional men and it becomes necessary, in order to 
protect life or property, to exceed the hours 
scheduled in (a), all such excess time shall be paid 
for at the rate of not less than one and one-half 
times the hourly ra.te for shop work and not less than 
double time for all reoair, renewal, and construction 
and/or erection work." 

The terminology most frequently used included "emergency main- 
tenance or emergency re-oair work involving breakdowns or protection 
of life and proToertj!". " 

Occupations covered by -orovisions for eraergenc;' repair periods. - 
Some codgs indicate tha.t the emergency provision aniDl led to main- 
tenance and reriair crews. In the Cotton Textile code, engineers 
and electricians also are included. In the Scientific Apparatus code 
it was "era^Dloyees on emergency re-oair aJid raa,intenance"; these would 
include maintenance and re'cair crews and -oerhaps other related groups. 
The Yacumm Cleaner Man-ofacturing code stated : (italics are the pre- 
sent author's). 

"In the event of emergencies endangering life or 
■oro-oerty, or limiting -aroduction, employees engaged 
in safety, na.intena.rice, or re-oair work shall be 
exem-pt from all hourly limitations im-oosed by this 
Article." 



(*) 5ee Chanter V, Section V. 
(**) See ChaT3ter Y, Section VI. 

9803 



-148- 

The Paxier aiid Pulp codes, ho'"'ever, -provided thp.t "no limitation on 
hours of VTork. . . shall ar)t;ly to ennDloyees of any class v;hen en- 
gaged in emergency repairs or ' e;nergency maintenance work involving 
"breakdo'.Tns or nrotection of life roi'd loropert;'', " Of course the 
class most likely to te so engaged "^as repair crews and related 
mechanics. 

Extent- of elasticity in emergency re-pair Tseriods .- In all 
codes, the emergency re-pair -period was unlimited as to '-duration. 
The hours allowed per day pjnd week also were unlimited in all codes, 
"but six codes provided that these unli'nited hours be absorhed in an 
average of 40,- 44, or 48 hours -per week. (*) 

Overtime ria'''aents- in emergency repair periods .- Overtime pay- 
ments were more common for the emergency repair -periods than for re- 
pair-shop crews — 338 codes out of 385. This is to te ex;oected since 
the hours for repair periods were longer than for repair crews; per- 
haps the ov-.rtiiae rate was considered necessary to prevent the ahuse 
of the unli:iited hours. 

The Irrgest number (138) of 538 codes which required overtime 
payments provided that the penalty rates applied after "reg'J.lar 
hours". j?or instance, the Baicing code provided that the basic 40- 
hour week, 8-hour ^day did not apply to: 

"Employees on eraergency repair 'or emergency maintenance 

work involving mechanical breakdowns or protection of life 
and propertj'-, provided that any em-olbyee so working in 
excess of the maximuin prescribed for him herein shall be paid 
for the excess hours bj^ at 'least one and one-third his reg- 
ular hourly rate. " 

The next largest number (119 codes) provided for o-'^e. time pay- 
ments after 40 hours per week and eight per da/. Another 29 codes 
required overtine after 40 hours per week without any daily penalty 
pa'nnents. In 42 codes, overtime begaji after more than 40 hours - 
usually 44 or 45; in one code at less than 40 (Pipe l-Tipple, 55). In 
nine codes, overtime was to be paid on a dally base only, which means 
no overtime pay on Saturday until- the daily hours are exceeded no 
matter how long the weekly hours. The Marine Auxiliary Machinery 
code provided time and one-half for all hours beyond eight per day 
or 40 per week and all hours worked on Sundays and legal holidays 
because of repairs or breakdowns. 

Unlike the situation for the maintenance and repair crews, the 
time-and-one-half rate was used more frequently (177 codes) than the 
special IIRA rate of time and one-third (159 codefe). Tito codes pro- 
vided mixed rates; Steel Tubular and Eire Box Boiler, and Boiler Man- 



(*) These codes were: Clay Drain Tile, . Commercial Vehicle 

Body, Concrete Masonry, Petroleum Equipment, Silverware, 
and Vegetable Ivory Button, 

9303. 



-149- 

ufp.ct-aringreap.ired time and one-half for shop iTork and. double time 
for "all rp.pair, rene'PTal, and construction' and/or- erection i7ork. " ' 

Some cod.es orovided for re-sjorting the hours of emergency 
retiair crews. to the Code Authority.^ (*) Por instance,- the Lij3orice 
code: . , . . . . , ' ' "' '.' 

"The maximum hours fixed above shall not apnly to '' " ' -'■'■■'• 
employees on emergency repair vrork involving, or e.al^dQwns,,. 
©ir the protection of life or T)r.O"DGrty, . nor to overtime'"", 
work to a,void a shut-do'.7n due to tem-oorary absence .o'i"'' 
..-■'relief workers, "or,ovided- that any employees so , engaged 
: shall "be compensated by at'-least time: and one-thir(i_ , _ . _ 
for all hours worked in^e^tcess of eight hours .ii;i aJ^7 ■ 
day cUid/or the number of hcj-rs per, week prescribed. ' " , 
for' his classiiica.'bion', 'and reportjS shall .be, ■furnished 
monthly to the Code Authority stating the number of . 
hours so worked in excess of t hose -prescribed above." 

Codes with go provision for repair-shop crews or emergency re- ' 
pair- period .- Table 42 shov;s that 98 codes had neither emergency 
repair periods nor longer hours for maintenance ejid repair crews. 
Fifteen .of. these codes were in the Apparel groiip where elasticity . 
of all sorts was avoided. Seventeen were in Distributing Trades and 
five in Pinance, where repairs would not be so importeint as in man- 
ufacturing, industries and basic hours provisions' were generally 
elastic. However, 11 were in the Eauipment group, wjiere repairs would 
seem to be a very consi-derable problem. An exa'mination of the 
codes in the vn.rious raamifacturing industries without any provision 
for elasticity for repa,irs, showed that usually there wa.s some gen- 
eral provision for elasticity that would make a specific provision 
for repair-shop crews or repair -unnecessary - general overtime, 
averaging, an emergency period, a provision for a certain nunber of 
overtime hours per year for each employee, or an allowance of lo.nger 
hours to "all other employees" who would seem to include maintenance 
and repair crews. 

Repair and maintenance in iaa,.jor codes. - As table 12 shov/s, 
46 major codes employing 12,529,000 emoloyees provided for flexible 
hours for repairs. Of these, 17 provided for repair-shop crews only; 
14, for emergency repair period only; and 15, for both fin occupation- 
al exemption and an emergency repair period. These provisions in the 
major codes seem to have granted very considerable elasticity for 
p'or-QOses of maintenance and repir. Eighteen codes had unlimited 
regular hours for repair-shop crews; another 25 codes, 11 of which 
limited the hours of rep3,ir-shop crews, provided unlimited hours dur- 
ing emergency repair periods. The only three of these 46 maj.or codes 
without -unlimited hours for either repair-shop crews or emergency. 



(*) See also Chapter YIII, Section II. 



9801 



-150- 

repair peri ds ■'.vere Furniture Manufacturing, Trher« eiaereency main- 
tenance and emergency repair crevrs had a tolerance of "25 per&wa*. 
in t-hg hour,: specified atove" which would seem to allow as much as 
56,5 hours per week (125 percent of 45) and 10 hours per day; Chem- 
ical ManvLfacturing, where "repairmen, engineers and electricians" 
were limited to. 48 hours per weelt stnd. an a,verage of 44 hours in 
three months; and Canning where hours of re-pi-rir-shop crews were lim- 
ited to 40 per week (compared with "basic hours of 360. 

Thirty-one of these major codes required overtime payments to 
repair-shop crews for certain hours, seven of t hem,' hoT-ever, only 
during an emergency period. In 12 of these codes, the overtime 
base was more than 40 hours ver week, as follows: Motor Vehicle 
Haintenpjice, and Cigar Manufacturing, 44/8; Boot and Shoe, 45/8; 
Ruboer Manufacturing, 45; T,rnolesaling, and Structural Clay Products, 
48/8; Retail Food and dTocevy, 48/10; Automobile Manufacturing, and 
Wholesale Food and Grocery^ '48; -Restaurant, and Hotel, 54* and the 
Retail Trade code where overtime, began after- six hours above the 
maximum lijeek, that is, after 46 hours to 54 hours, depending on 
the hours the store elected to stay oioen. 

The 25 major codes. with no lorovision for re-oair-shop -crews 
or emergency repair periods included 15 codes in which repairs were 
not a significant problem; five retail codes; four service codes 
(Barber Shop, Real Estate Brokerage, Photographic Finishing, and 
Advertising Distributing Trade); three Pood codes, which could have 
been classed as distributing trades (ice, Bottled Soft Drink and 
Grain Exchanges); the Bankers code; the Bowling and Billiard code; 
and needlework Trade in Puerto Rico, Five other codes has emergen- 
cy TDrovisicns which covered any emergency renair needs. 



I 



9803 



•151- 



III. OTHTR EXC'^P'T'-gD OCC IIPATlOlvS' 

The TDrecedents in the PSA and the Cotton Te^rtilo cod-^ for 3:>:ceT3ted 
occinations in addition to retiair-sho-o crews, hay^ alr^8,dy h^.^n described 
ii section I of this chaiDter. Thass exce-otions Crme to he considered the 
normal KEA -orocedur--^; for instance. General Johnson, in transmitting the 
fazed Pat)er code to the President for a-ooi-oval, stated:* 

"The usual exceiDtions are made in relation to incidental non- 
manufacturing emTDloyees." 

In this code the exce-oted occu-^ations were watchmen, chauffeurs, truck- 
men, engineers, firemen, executives and their nersonal secretaries and' 
other employees engag=d.in a su-ervisory caDacity and chemists receiving 
*35 or more -oer we -k, _ outside saTesrnen, and all other emDloyees (that is, 
other than laborers, mechanical workers,' .o-r. artisans).. . .. , ' ,' 

Only four cod^s contained no exce-ited oQCU^ations and one .of those. 
Fur Tra-o^ing, provided no limitation on hours, and so could_ha,ve ncJ,.. 
".exceDted" occu-eations. Gasoline .PumT) Manufacturing, which Tjrovid^d for 40 
hours weekly without daily limit, had no occupational oxemn'tions whatever — 
and no exce-oted -eeriods.** The Shoe Pattern code had no exce-ete'^ occupations; 
a-oriarently 45 hours -eekly and 10 hours daily .during a 16 weeks' eo^riod., and 
unlimited hours for emergency repair -neriods. were ext)ected to give this 
industry adequate elasticity. These are both small codes covering only a 
few thousand emieloyees. Ho'^ ever, the code for the Selling division of , the 
Petroleum industry, which had no exceTted- occu-'eations, covered 133,000 
em-oloyees. It should he said, however, that r g^jlar hours under that code 
are already fairlj?- elastic- 4S -oer we-k, unlimit d daily. Pour other 48-hour 
cod s (Baking Industry in Puerto Rico, Shoe Hehuilding, Refrigerated Ware- 
house, and Pelds-oar); one 52-hour code (Bowling and Billiards); .and one 
56-hour code (ice) allowed no loneer than these "basic hours for, any occu-oations 
exce-oting executives and su-eervisors. 

The basis for occupational exeraftion.- Ther^^" seems to be no one 
basis for o ecu-national exemption. The grou-ns excerjted from mpximum hours 
ran the --ntire gamut of occu-^ations. At one extreme were executives and 
'Drof essional and technical employees who are su^eosed to derive certain 
satisfactions from their work which comoensate in some measure for the long 
hours which they may nut in. At the other extreme were cl-^aners,. janitors,, 
and outside workers - occupations which in some industries fall to the lot 
of ill-oaid Negro workers, Bstwjen these grouiDS were certain skilled crafts- 
men such as engineers, elec^'ricians, and firemen,, who might be ext)ected to 
have secured shorter hours than productive workers through collective 
bargaining. Instead they were allowed -longer hours - -oerha-os because they 
are service occutjations - but they seem' t^o have used their bargaining 
strength to secu e overtime na-yments in a larger -oroDortion of codes than 
other excepted occuieations, . 

k 

* Codes of j-air Comrjetition.. Tol^. 17, v, 234. - 

** Se': discussion of this cod-^, chanter II, section 1. 

9803 



CI) 



-152- 



The OccuTpPtions that were Excepted .-' 'Table 43 summarizes the code 
TDrovisions concerning er-rce-oted occuoations. Execu.tives and supervisors were 
almost uniTersally ezemrit from limitation of- hours, only nine -codes, omitting 
exenrotion for these grour)?, and at, least oiie of these (Shiiohuilding) included 
them indirectly as erarilbyees not en en h'^ii^ly ^ssis. Seven-eighths of the 
codas so-ecifically er.ennted . outBide -.sales and service' employe 's. (*) . Four- 
fifths 'eSem-oted wa.tohmenj...'hut here sxiecifiC.hours Were ■orescri'bed in 394 
codes. Engineers, firemen, and delivery em-oloyees were mentioned in over 
200 codes each, most ■freauently with some longdr-than-hasic hours s-oecified, 
ProfsssiOiial and technical em-oioyees were exera-oted in almos-t 200 codes; 
grou-os which might he called -orofessional and t-^chnical such as huyers, and 
draftsmen and designers would hring the total ov?r 200. Shi-oning and stock 
.clerks were 'exemr^ted in 166 codes and 14 othejr grouns iWere "exem-ot'ed less 
frequently. ;,,,.. 

Only 65 codes followed the lead of the.fEA in rjrbviding for exemntion 
of scarce, skilled or key workers, Some of these codes referred to thera as 
"scarce, skilled or key workers"; others mentioned certain skilled oc- 
cu-nations s-oecifically; (**), for instance, sawyers in Wholesale Monumental 
Marhle, kiln "burners inPlumhago Cracihle,- tool' makers in Medium Priced 
Jerelry, cooks in 'Flavoring, fitters of glasses in Q-otical Retial Trade, 
camera men in Fhoto Finishing, trimmers in Advertising Dist)lay, or em'balmers 
in Funeral Service. 

■ Seventy codes are listed as -oroviding longer hours for "all other" 
employees. This category was exera-oted in 28 of the 32 Par)er codes, and in 42 
codes in 12 other industry grouos. What was included in "all other" emiDloye^^ 
det)pnded on what' grou-os were s-oecificcally enumerated in the code. In the 
Pa-oer and Pul'-o code, where sche'dules of many occu-ieations were enumerated, (♦**) 
"all other emT)loyees" was ex-oected to cover office workers and any other grout) 
which might have "been omitted. In a code such as Electrical Manufacturing 
where the only ho"urs specified were for "emoloyees engaged in the -orocessing 
of -products of the industry and in Ir'bor o-oerations direcMy incident thereto", 
executives, administrative and su^-iervisory em^iloyees and traveling- salesmen 
and "all others," all other em-oloyees would include office workers (****) and I 
many of the grouios listed in table 44., This m.eans that the figures in that 

(*) The- Petroleum code s-oecified that .market o-oerations, su-oervisors and 
■outside salesmen furnishing their, own vehicles and working on a com- 
mission'hasis were" exem-ot from hours.KliTnitat.ions; if the em-oloyer 
furnished' the vehicle and guaranteed- a -minimum wage,', the ho\irs regu- 

- lations a-D'olied. .. • • ■ 

-. - ' ' ' 

(**.) In classifying these as scarce , .skilled or key workers, one always 

■wonder 3 what-nro-Dortion of the em-oloyees. these en-umerated 'bccu-oations 
re-oresented; whether, fo'r insta.nce, the fitters of glasses should 
have he en considered as "basic -ra-oloyees in :Ootical Retail Trade, rather 
than as an excepted grou-o. 

(***) These are quo ted in Chanter- ri',-' Section- IP. - ■ ' 
(****)See Chapter VI, Section' I, 
9803 



-153-' 
TAiBLE 43 



Summary of Code provisions for specified excepted occupstions a/ 





• 




Codes providins;, - 








Occupation : 






Unl im- 


Limitec" 


Total 


Over 








• Un- 


ited 


more 


, a.vera.'S;- 


time 




' . 


Total 


: limited 


excpet hy 


ths,n : 


;ing pro- 


pay- 






codes 


: hou-rs 


avera;H:in;^ 


•"basic hours 


• vision 


meats 




Executive and supervisors 


: 569 


569b/ 


• 










Foremen, other siiperviscrs 


: 23 


5 


». • 


18 11 


8 




Professional and technical 


: 192 


: 192c/ 


- 


.- 


; - 


; — 




"all other" employees 


70 


: ' 6 •■ 


10 


54 


48 


! 9 




Engineers 


: 225 


,33 


26 


166 


; 48 


:102 




Fi r emen 


: 254 


. 40 


, 30 


184 


50 


:105- 




Electricians 


88 


9 


21 


58 


: 26 


: 45 




Shipping and stoc:.; clerks 


166 


: 21 


11 


134 


: 21 


: 64 




Delivery- 


234 . 


: 20 


32 . 


182 


: 61 


!lOO 




Cleaners and janitors. 


62 ■ 


: ' 17 


2 


43 


1 6 


: 19 




Outside crews and workers 


38 


11 


— 


27 


: 4 


! 14 




Watchmen 


478 


. 34 


32 


352 


: 66 


: 33 




Outside 'sa.les aiid service ,, 


. . 497 " 


495 


— 


2 


» — 


*i« 




Other outside sales and service39 


.' 17 


4 


18 


! 11 


; - 




Inside sales eaicl service 


34 


■ 8 


1 . : 


25 


. 17 


! — 




Buyers ; 


IC 


10 d/ 


- 


— 


; — 


• — 




Draftsmen and desij,r-ers 


9 


5 ' 


— 


4 " 


! ■ - 


! — 




Special office and clerical: 11 


5 


- 


6 


; - 


: - 




Scarce, skilled, key i7orkers 55 


34 


5 . - 


26 


7 


32 




Continuous proces;: operators .66 


18 


14 . 


54 


21 


34 • 




Machinists ; 


9 . 


3 


- 


"6 


1 


; " 




Por/er plant -eraployees 


14 j 


1 ; 


- 


13 


- 


- 




Miscellaneou"s, excepted .: 


_ 47 


19 : 


J 


28 


5 


, - 




groups. 




■ 













a/ See also repai3>-sho^ crens, table 42, aid office and clerical workers, table 38. 

b/ 524 unlimited above certain wage. 

_c/ 158 unlimited 8.bove certain v/age. 

d/ 2 rjilimited above, certedn wage. 



9803 



-154- 

table represent rn underst'-teinent to the extent th-t "-11 other employe 
ees" i.ctur,l'iy included engineers, firemen, clectrici-.ns, shipping ."nd 
stock clerks, delivery employees -s v;ell as any other special f^roup. 

The ";:.iscollsneous excepted groups" included all the unclassi- 
fiables, such as coal passers in the Surgical Dressing Code; pumpmen 
in the G-ypsun code; can^) cooks in the Lumber code; song pluggers, in 
the Musical Publishing code; employees on call in the Motor Vehicle 
. Maintenai"-ce code; washin^'j-up crev/s in Graphic Arts in Kav/aii; fishing 
employees^ in Cainied Salmon; and s6tover pen in Hood Heel. Some were 
night fireman. or special watchmen with different hours from those 
for regrlar firemen or watciimen, 

The'^foremen and other, supervisors, " "special office and clerical 
employees", and "other'! outside • sales and service emxjloyees on Tahle 
Are listed seiDara.tely .for t^;7o reasons: (l) they, seemed to he special, 
limited groups and (2) their hours were different from the hours 
prescribed in the same codes for regular ; executives, office, or sales 
employees._ •. ; : 

Table '.-5, when sunjinarized,- shows t^rt the .-codes had, on the average 
about six 'occupational exemptions per code, (not counting the codes 
\iftiich had longer- than-.basic houjrs for office employees). The four 
rubber codes had the most - .almost 10 occupational exemptions per code; 
the five I\-.el codes had the leas^t - a,bout. two per code. Other groups 
which exceeded the average in the use of -these provisions v;ere Paper, 
Textile P^brics, Chemicals, Ivletals, Poods, Graphic Arts, and Non- 
Li'etallic j.iinerals, . ; . 

Averg'ing and overtime . for, excepted occupation: s , - Table 43 shows 
that there' -.ere wide difference in the proportion of codes providing 
averaging or overtime for the different occupations. Two-thirds of 
the 70 codes mth exemptions for,- "all other" employees provided that 
hours might be averaged; half of; the 34 codes which pro- i .ted especially 
for inside', sales aiid service employees had averaging provisions, as did 
practically one-third of the 66 codes v/ith special provisions for 
continuous 'process operators and one-ioi-Lrth of the 234 codes v;ith pro- - 
visions for delivery employees, • : 

Half of the 38 codes which exempted electricians and the 66 
which exempted continuous process operators, required overtime pa,yments 
after certain hours, IText in order came the overtim.e provisions for 
scarce, skilled, or key workers (32 out o.f 55 codes); engineers (102 
out of 225 codes); firemen (105 out of 254 codes); delivery employees 
(lOC oiat of 234 codes); and shipping and stock clerks (64 out of 166 
codes). Y/atcl-uuen were to be paid overtime in less than 8 percent 
of the codes, 

Hoiirs set for exc e pted occ^xpations. - Table 44 shows great 
difference in the hours permitted the excepted occupations. The Cotton 
Textile precedent of a 10 percent tolerance is shovm in the predominance 
of 44 hours -provisions for enginBers,_ firemen, electricians, shipping 



9803 



-155- 

and stock clerics, o.nd cleaners and janitors. (*) For all the other occu-oa- 
tions some codes j)rescrihed 44 howrs; th; t length of week took second 
ranlc for delivery employees, for instance, where the largest nfu:3her of 
codes prescrihed 48 hours, Execiitives and superviosrs, professional 
and technical employees, and salesmen were most frequently corapletely 
exempt from hova-s limitations, though each excepted occupation had 
some entries of "i.mlimi ted hours, " 



rolc'dng paper Box provided especially for machine cleaning: 
"Additional time shall he allowed for machine cleaning and 
maintenance and routine plant cleaning work, which cannot "be 
done v/hile the machines are in opera.tion; provided, that not 
more than 10 percent of the total number of such employees may 
he so engaged; and provided, that all time in excess of 10 hoxirs 
in any one day and 48 hours in any one week shall he paid for 
at not less than time and one- third. 



9803 



( 



156 



S 



a 
I 



i s 

6< ■" 



CSpBJl I19»0H 

soi^sajasH 

•o^e •nOT5«lJodBn8jj 
noMormsnco 

JDJ poa jsq^sei 
XBjBddB-eoxnTSI 

pooi 

^uwDidTn^E ^ 

aaiiqiiH ■* 

JsdBj pi, 

■tsnpoid ^ssjoj ^ 

OTtIB*9iii-noa w 
BiB^aji w 

■PiOJI lO 






5 ^ 



WW) f-l 



CJ J* 



^ 



«;> 



*-* 'J^ r^ 



m 



w o 

l-l 

IT*;* 
^ W 



•a s 



b. O (S 
(< h > 
9 p O 






9803 



g 



I I 

r-< J- 
I I 

1 :» 



I «D 

I I 

to (in 



« ^ o 
p. o p. 

■^^ 8 4« 






1 cvi 

CM Jt 



I m iH I 



I iH I ■-* I 1-4 



I I 



I 1 

I fH 
I I 

I I 



■a 9 

♦» * 

o 

*> a 

^ O 

M ft 9 



O iH r-l 

-H a a 

0) 



C 4^ U 

«> u a CD r 

O) p P o c 

>»^ o y W X 

o ^ A o ® ^ 

to r~ Di 4* a 

H J* t, 00 -H +3 

3 J* a -H 

o o o •HE 

^ j3 ♦> a:3 h rH t- 
0) 



^ 



a Q 



rt P. 



I I I iH 1 ■ I 

I I r-4 .-I I II 

I CM I iH i-l I r-( 

I I I CVJ I II 

rj I I I I II 

I I I I I II 

I I I I I II 

I I I I I I I 

I I I I I i-< IH 

iH O KNvD ^ I (\l 

I 1 I rH r-l It' 

r-l O CM rH | #-l K 

i-l 

I (U I J I I IT 

I OJ I vO ^ I IM 
r-t 

I J9- lf\ I rH I CU 

r-l I rH ryj t I 

I 1 I v^ c\j a> t^ to 
1-1 

I ^'^ I vD I m r- 

I 1 J* J- iH I H 

I I I I I I 

(M ^ I to CU It*" 



gr— 0^ K^ \^ tr" 
r-l3- iH CJ f- 



■ai 






9 

o 



H o o 

i «•" 

^^ ^5 bS 

o o b --T -^ 

fl 4* ^ M rH 



1^ 



9 


1 




^ 


a 












X 






a 


S 






O 


fi 


o 


*» 




>H 


Oi 


» 




l-l 


a 




^ 


«a 




5 


A 


ja 


3 






r— •H 



l-l rH 0) 



e 

Pi 






^ -H O 



IT^ O J3 


CD O 


t-» f-l +» 


^a 


CO ^ 


e -^ le 


O 


rH t- 


A 1 


^ O 0) 




<g h o 


in w 


El Pi 13 


•=*■ y 


O 




•d ►. o 


03 S 


q! n 0) 


»4 


a> <i> 


O J5 


^ ^ 


m O 4i 


*5 4» 


b r-l 


O 


<t> * 




^ ;a i» 


— w 


o ^ 3 


il 


^ * o 


si 


O A 


t. t^ 


A 


•a^-s 




&§s 


^ +» 

^ 


m a 


"2 s 




a;:^ 


ta Ci r-l 


a sg 

o 

0) ^ ;C 




o ** 


o *. 




■^•s 


0) 0) n 


^ » 


49 ^ <D 


0) 


c: 7 tj 


«H ■« 


■HBO 


o o 


* S o 


o • 


a ^ 


^ « 


*a o 




g t" 


0} o 


« 0) 


03 O 


^ a'5 


CO 4»VD 


5 


<A 


J) rH O 


o o • 


rH *» 


4> ee 


■35 c 


§ c& 


EH ^ O 


o o o 


» -H 


^^ 


O ♦» 


m 43 


w m ^ 


•U •f4«0 


(d •a -d 
o c 




0) u 


U (U 


o (3 


fl fl ^ 


W "X" t-« 


»-H t-« O 


-^^ — .--^ 


.»^ -,^ 


all -^1 ^\ '^\ <°l 



157 



■P c 

o 

c o 



a ca 

o □. 

C 3 

a 

S >> 

o b 

O 01 

•H 3 



i^- 



C o 

O-H 



3--H > 

t> o 



Ch O 

3 o 

o 

£•0 

<D 



o o 

o o 

■H ft 



O >a 

too 

S c 
o o 

rH 3 

^ •> 
4:> (< 

a o 
o o 



3 



sepoo x^TJOlT JJex t- w 

eepBJi iTB^ea J^ "^ 

eepBJx exBseioiiM -^ J 

Bepojx eofAaes ^ ^ 

uoT^BOJoea u^ (\j 

eouBufj "^ ' 

e 'uox^B^aodEUBJi, |;|J^ ' 

uoT^ona^Euoo 3 ' 

sqav ofUdBJO vo oj 

Suf^BOfJqBj CM o 
CO ro 

anj piTB asmsei ^ ^ 
XaJBddB-sexT^^SiL >£■ ^, 

BOfjqBj-eeXT^^sX 

pood 

:jaeiudxtvba 

jeqqna 

JSdBjJ 

•oq.e 'exBOxuiaqo 

sq.onpoad ^eeaoj 

lend 

BXB^eH 



ON 

J- 






o 

o 

3 






•P 

o 

Eh 



I I I <-l I 

I I iH nj I 

I KN 1 1 i-l 

I I I OJ I 

CM I I I I 

I I I I I 

I I I I I 

I I I I I 

I I I I I 

H _:t K> [-- iH H to 

1 I I H rH I J 

CM C— CM <\J I CM VO 






H 
ro 


■H CO 1 J- CM 


so 


CD 

J- 


CM 


1 CM 1 r- j^ 
f-i 


CM 


CM 


t>- 


1 ^-vo ro iTN 


so 



I iH CM I I I 



I I I SO CM iH I 
CM 



I CM I m I iTN c^ 



I I LrN_d- iH I CM 
I I I I I I 



Hl/^IOKNIfOCM_d- K,l 



I K^ H I 



rf| ^ 



to 
cd 



m 

3 
O 

d 



3 
o 



' -It en c^ 01 

o 3- f, _d- t, 

■P 3 3 

t o o o 

• © X -P J3 
C ■□ 
CD C J- trvco 



CO »H 



^t 



> o c 

O Z D 



J-OS O 

CM r>J CM 

HSO so 



N^CM 
I I 



_=t CD H CTsvO OOOli^O a:_i:tC--CMirsrHCT^ 

iT CO rH ITS CM K>_:J O ITn CC fO iH CM 

CM 



I I I I 
I I I I 



CM I I I 
I I I I 



iHCM irCMCOiHrHiHCM 



I SO I ^<^ 



II fO I I rH CM 



I I rj 

I I OJ 

H I CO 



I t 
I I 



I I I «-l On I 



CM I CM r-l rH 



J-KN C> I rH CM J- I CM I 



I I 
I I 



^ 



■d o 



ID G 

a -H 

•H to 

-P 01 

U ^ 

O <D 

> > 



bO 
C 



> 



-P o 

0_4- CO 

cid- t, 
01 3 

•H t, O 

O (U X 

•H -O 

t, C J- 

•p p>3 



> 



(D 

•d 



0} C} 4^ 

t< Ih -H 4:1 

3 3 e -H 

O O -H B 

J3 ^ rH <H 

rH 

Lf^CO O C 



o o 

CM CM 



I I 
I I 



-d o 

1H Ti 

oJ n 



60 

(D C 

E -H 

.-I bO 

-p 0] 

> > 

O < 



KNrH SO 



I i I J 



C^ 



trsso so 

J-CM so 



rH I r-l I 
rH I iH I 

rH I l/S I 



I I 
I I 



1 1 
1 1 

1 C\J 

1 1 

1 1 
1 i 

1 1 


1 1 

ir\ 1 
1 1 

1 1 
1 1 



CTSrH KS iH I rH 



I H I r^J 1 



U> CTsH I I -^ ir- 



Lf^ I so I CM I I C^ 



I I ^f I J-rH so rH I H 



iH iH KS rt I rH CM 
CM 



II ro I .rH iH H I 



I I I I I 1 I 



01 
■P 



I I _d- rvl rH i rH 
I I I I I I I 



I _Jd-rH m KArH CM 



CD -d--d- CM SO rH rH 
O-rH KS rH Ol 



C 

to 
d 

u 

o 
> 

■P 01 

a 

03 ID 
P, O O 

O fl) 

•p 

00 ■rj 



■> 



M m 

°l 
-p o 

en si 



>. 



o 
n fi 
U 
3 so 



■H c J-irsco 

■H 

to 



> o c 

O B f 



CO rH hr 
CM 



rH CM 10 



f-rH ^r-\ 



-^J- -d 



1 1 





CMVD 


H 


CM rH 
1 1 


1 


OrH 


H 
CM 



I rH I CM I I III 

1 CM I iTv I I h|cU I 

I I I CM 1^ I 
H 

I I I rH I rH I |H 

I I I I I I III 
I I I I I I III 

1 I 1 1 H I 

I CM I I I I rH 

I rH I rH I H rH H iH 



I KSrHsO I I rC KSH 
H 



I I I H I rH rt HH 



CM H CM H I rH CM 



I ITS I KN I CM I 



I HSO KN I fC^ I 
OJ 



I CM J-irsH I CVJDCO 
CM 



I I I I I I I 



I I 1 so CM rH rH .d'CJs 



H CMrH H I J- CM 



OCM 



I I KSCM I I I 
I I I I I I I 



H I 
I I 



I so HCO N^H CM 



t^ I so I H I I I 



irsl 



-itrA Jd-H KSrH trscM O 1 
SO CM ro so rH C7NH KSCM Oso 
CM 



a 
•d o 



> 
o o 
•p f< 
as a 

^« 

B-H 

•H bO 

-p a 

© <v 
> > 



a 
43 
o 



to 
a 

bO 
01 
t^ 

<D 

> 

IS 



NO 

o^ 



> 



m 



B3-f] ticq 
o dso 3-d- 

C< o J- o 
t»o A fi I, 
^. •d •IB 

€> B J-LTXX) > 

> oS-d-d-o 



K^ 



31 



p 



•;^ 



d o 

H %H 

(d Q 

O.TH 

> 

o 

P U 

a o. 

bO 

S c 

H to 

a 
u u 
m ID 
> > 



980;J 



-158- 

Pootnotes: Tajle <-A (Continued) 

a/ Includes 2 codes al.lowing 26 and 48 hours in altemste v;eeks, or an 
average of 42 hours in 2 weeks. 

_b/ Incltides 2 4&-hour provisions and one -'sV-hour provision; others 45 
hours, 

_c/ In addition to the 30 codes with unlimited hours, the maciinum hours 

in the codes with averaging provisions were 42 hours, 1 code; 46 hor.rs, 
■ 1 '-code; 48 hours, 12 codes; over 48 hours, 6 codes. 

_d/ One code ;provided Inger daily, hut not longer weekly hours than hours 
for basic employees; others, longer weekly. 

ej Inclu.des tvro cases over 48 hours, 

f/ In addition to the 21 codes with unlimited hours, the codes with aver- 
aging provisions included 4 with macinaim 48 hotirs and 1 with maxiini:iiii 
54 hoi'.rs, 

£/ Six codes with hoiirs longer than oasic hours, two v/ith looser provi- 
sions. 

h/ Includes one case of 46 hov.rs, others 45, 

i_/ In addition to the 11 codes mth 'onlimited hours, the maxiiniijn hoi'.rs 
in the codes r-ith averaging provisions were 44 hou-rs, 2 codes; 4^ 
hours, 6 codes; over 48 hours, 2 codes 

j_/ Three codes with hours looser than basic hours; 1, longer than basic 
hours. 

k/ Includes one case of 46 hoxirs, others 45. 

ly In addition to the S2 codes with rmliniited hours, the macimum hours 
of the codes \/ith averaging provisions ¥/ere 44 hours, 2 codes 45 
hours, 1 code; 48 hours, 21 codes; and over 48 hours, 5 codes. 



9803 



:r^, 



a 



159 



IS 

o 



o a 

»H O 

a a 

£ p. 
*> 

si 

o o 

Q.O C 

ta c»H 

H ■ Oi-*; 
cs f) a a 

tl O Vi o 

* o~- 

• 2 

B 

o a 






£l 



■ 
c 
o 

a 

B. 

3 
o 
o 
o 



B9poo X'T'O^T^'ieili tr i-l 
CM 

eepvj^ 9x«setoitAl J- oj 

eep9J4 esTAaes oj 

no-OBejoeH >r\ cm 

• ouBat^ '^ • 

ao-p^B^jodeiTBJj; nn k- 

aoT40tuz:^8aoo o i 

•H« omd«ao ^ J 

8nTq.B0TaqB£ w 



Ill-Ill 

I I (M I I 

I IHI I H I 

I I I I I 

H I I 1 H 

I I I I I 

I iH I H H 

I I I I I 

I H H I CM 
Hi-t (M H fl (M 

I I I I CM 



soTjqBj-BetT^xei j- 

pooi g. 

ijneiBdTTibg o\ 

jsciquh j- 



CM 

•ledB,! ir\ 



•o^e ' exBopaeno kn 



Btjowpojd q.sejOd 


H 


K- 


1 CM H 1 1 


leiid 


m 


' 


III II 


3TII«^e'=-aoH 


CM 


CM 


1 1. iH 1 H 


siBi^eji 


2J 


1 


1 1 1 1 1 


XB^Ol 


00 


CM 

NO 


•^n^-^fi 



I ir> I I IT 

I O lf\ I iH 

H 

I I I I 



VO rt lo 



H I I i-l H 

I I I I I 

I I I I H 

I I ^ I CM 



O 



to 

c 



a 
p. 

o 
o 
o 



O 1} 

•ri O 

a 49 

•rl O, 

> O 

o o 

h »< 

o, a 



a 

4> 
O 



I I I 

H I rvi 

I I H 

H I I 

I I I 



rov I K- 



M i-t I 



I I 
I-l I 



I -d 



0VV3 CO 

re 



a 



a 
■o 

o 

i» 

t-l 

a 

43 

o 



43 IS 

g I Q 

3 ir> ji ^ -H 

fc-d- o B 

a a ,d & 'H 

t, -a - » H 

a 

H 

o 



.§f°- 



^ 



•d o 

•H -ri 

a ra 
a o 

43 p. 

a o. 

15 

•H to 

43 a 

a a 
> > 



rt H 

I CM 
I I 

H «■ 



H CM 



o 
S a 

§1 



ra "O 

^ a . 

©43-0 

t, ^ a 

"IS 
a (-1 B 
t) C »H 
<H t> >J 



13 
o 
^ 

a 43 
^ C 
► a 

2P. 

Q< a 

Q 

c 2 

bOr-l 

a 43 

a a 
!> > 
< o 



00 



vo 



t- vO 



I I I 



CM CT- 



-^^ I 



CM I -d- I I I 

CM CM ir\rt I o 

H 

H CM O H I -d 
I I I i (M CM 

iH I H I I I 
I I I • I U- 

rt K^ J- I I CM 
I I J-H rt CM 

I I I I iH c) 



K\CM O I t-t 
CM K\ 



I I I 

H 

H i t- I H 



C- J•K^ r- C- I 



I 1 VO J- 



JNO 



O^ri^O I H H 
in H 



N> I I I H I 



I I 00 I H H 

CM 



ir\ I rr\ I vo e^ 



rf\ I CO I H CM 
I I I I I I 



inH CO J-vO IT 
CM 



KSr^ VO I I I 



C-CO 



~ I-l ir^i-t fCioo 
CM 



CO 

a 

to 
a 
c< 
a 



CQ (0 

5^ 



a 

43 

o oonO n 
43 j-m f,vo 

« J< o o 
C 843 A (< 
a 'O a 

o 

43 

a 



o o 
K A 



r 



J-* 



1 PJ 

CM 



CM-d 



I 1-1 
I •-• 

-dco 

CM J- 

I I 



1-1 



J 00 



VO 

fCSVO 



a 
■a o 

rl -H 

a n 

> 
a o 
43 p. 

a (n. 

bO 

2 c 

B •^ 

43 a 

o a 
> > 

o < 



iH CM o^ as t 



a 



I H ir in I 



ir in I 
t- c- 



ir 
00 






I I 

iH fC 



CM 



CM I K- 

CM 



in I 

CO 



J-d I 

CM I 

rCN 



NO H 

-d 



in CM 

CJN 



J)^ 



a 

a 



El 

a 

n -p 

3 a 
Q t, 



a t) 

a a 

M 43 

a H 

CO E 

o H 

■a c 

•H p 

a 

? 
o 






I iH 
-d)cM CM 

I I I 

I I 

I 1 

NO I 

CO f 

I I 
I I 

CM ! 



CM C^ 
CM 



CO 



a 

a 'Ol a 

si 

a a -u 

a (h 

iH 3 a 

a o t, 

CO ^ o 



a TJ 

T3 a • 

•H 43 -0 

a ^ a 

43 e -w 

o 1-1 E 

t. p ij 

5 



I I H 

I CM 

I CM 



I rt I 

rti-l NO 

I I H 

I I I 

I I I 



■ I 
I I 



HCM -d 
Hi-I IC 



a 
o 



ra 43 

> a 

SP. 

p. a 
ft 

d a 
•H B 
tD-n 

043 

c u 

a a 

> > 
•aiO 



I t 

H i 
CM 0^ 

I CM 
I ; 

1-1^ CM 



OMT 
CM 



> M I 



o 

t -^ 

a a 43 
CO u 

3 a 
•not, 

§:^§ 

a a • 

a 43 t) 

H "H a 

* a 43 

ca a ■n 

-O p 1-3 



O 



9803 



-160- 
Footnotes; Ta^le 4^1 (continued) 

_§/ Including 2 codes which were limited hy averaging, in Chemicals and 
Leather and fur. 

h/ In addition to the 2 v/ith unlimited hours, the codes with averaging 
provisions inclxided 1 with macimum hours under 48 hours and 3 with 
48 hora-s, 

_c/ In adc'ltion to the 32 v.'ith unlimited hours, the maximum hoiirs of the 

codes with averaging provisions were under 48 hours, 22 codes; 48 hou.rs 
7 codes; 56 hou.rs, 5 codes. 

_d/ Includes 2 codes with weekly hours averaged; 12 codes with salary 
limit, and 8 codes with overtime provisions. 

e_l Includes 2 codes with unlimited weekly hours. 

f_l Incluides 1 ca,se of unlimited \7eekly hours averaged. 



9803 



161 



n 

< 

Eh 



O 
O 

§ 



S ■ 
••» 3 
at 

<rt to 
9 >» 

£.*• 

o 3 

I^•o 
&c 

« 



« o 



S3 > 

o 

o 
a t) 






3 o 

o c 

^ ft 

I>V4 

a o 
o 

o ^> 

c-l O 

t< S 

o 3 

c 

t< • 

O h 

o 



■p 



a 
ft 
3 
o 
o 
o 



sepos x^T-io^T-i'iBJi 



88pBJ:^ iT«*eH {? ' 



sepBa:^ eoxAJes h 



eouBUfii tr\ I 

UOf^B^JJOdSUBJJ, KN I 

nox^onj^Buoo o i 

s^JB OfqdBag ^ ' 

•mj puB jetUBs^ ^ ' 

teaBddB-S8XTQ.3cej, "fj; h 

eoTJQBj-eetT^xej, _§. "^ 

poo^ 3. -^ 

CVJ I 

^nomdfivua °^ 

j9qqtiH -* ' 

•zedBj oj I 

•o^e ' BxBOfnieqo [Jj ' 

H 

s^onpood aeejo^ cr 

Xeti^ "^ ' 

0XXIB*8Bi-a0N [X ' 



bxb:j8h cm I 



■P -P 

C d 

H ft 

« 3 

(< O 



ft 
O 
O 

K 



e 
■o 
o 
o 



o 



a 
* 

O 

o 

a 0) 

t> 
o 
x> 
^ a 

■a -o 
o e 

43 +3 



race 

IS 



I 

H CM 

I I 



ITvJ- iH 



01 
09 

ti a 

o d 

3 fl 

U) o 43 

OQ 3 €> 
O O ^ 

R .a o 

•O "O 
c e . 
3 -p 13 

•rj © 

CEP 

O -rl ^ 

S rH E 

n C -H 

*> O t^ 

a 
R 



I J- I 



I I J r-l C\J l^ 



H I 



> 



> 



T^ a 

B P 

c 3 o 

cs o t, 

/3 O 



^ 43 "d 

•rt t3 J 
O 

o 
ft 

CO 



iH I 1 



I r-< I 



H I M 

I rvi I 

iH 1 H 



1 iH rH 



I H I 






I I I 

i H CM 



II rr I I (O 



irwo IT Lf^-z^^o 



1^ 

O 60 

>i © 

« > 

b p a ' 
o a tj 
o 3 
• 00 
■d « 43 
© © 

i-l T) 

r-l +> © 
•H *H 43 ' 



• H 
O C 

O B p 



o 

CO 



I rH rH 



O 






I iH IT 






I H 

H iH rj 

I iH I 

I I I 

I I VO 

I CMJ 

I I CM 

t I I 

rt CM H 
H rOvva 

I H I 
I I I 

M IC\(Xl 
I H J 



a o 

•H ^ 

bC ID 

d d 



ft 
o 



e 


ra 


© 3 © 


t. P. 


© 


J. 


ft d 





K^ 


ft 





E 


^© 




■0 
43 © . 


■rt E 




»H p n 


M-H 


01 


E ■H © 


eg 43 


3 


•HBP 


U t^ 





H ^ *H 


© 




iH E 


> > 


(J 


C -H 


«4 


■H 


ia t3 ^1 



3 
O 
U 



pH ffN 



§ 

o 

■H 

ID -P 

■H C 

> © 

ft a 
ft 

bO 

c o 

•H E 

d 43 

o © 

> > 



H CM I 



iTN ir\ I 



i-t J- a- 

CM K\ 



^ 



d 



ra p 

&© 
o u 

© • 

P -3 



-H p 1-3 

o 



W I (M 



-I I 
I I 



I I VO 



I W J 
I CM 



I 

IT 






CM 
IC\CM 



CM CVJ 
CM CM 
I H 



I I 

I LP 



ON CO 
H CM 



•rt •^ 



d 



43 a P d B P 
n -H -H rH ^ ^ 



© Si 
©rap 
!>. U 
o pi © 

iH O t. 

E _ e 

© "3 

o • 

P P "3 

S -H C 

d B P 



§ |>g5 



O a -H 
•3 f< P > 



© 3 
P O 
ftXl 
o 



», p p 
o 

o 



O -3 a 60 

K O . 3 

K V "^i -H 

D <H O CO 

S ^ i2 

O T^ «H „ 

o iH a o 

fl c -a > 

d p kJ <; 



I cj 



9803 



-152- 

Footnotes: Ta'ble 44 - Occupations with longer or looser hours provisions 
than basic employees in the same code: frequency of specified 
code provisions, by industry groups (Continued) 

a/ These codes have provisions for special office and clerical workers 
such r.s personal • secretaries to executives, time clerks, rate clerks 
cable clerks and cashiers. In most cases the codes have other provi- 
sions for general clerical workers; in the other cases the group 
covered oy the special provisions was too specialized to justify count- 
ting them as general clerical provisions. 

b/ 1 code had averaging provision 

G-^ One code v'ith averaging provision. 

_d/ Includes eight codes exempting employees in small establishments, 
one of which heA an averaging provision, 

_e/ InclLides 1 code v/ith ujilimited weekly hoi-.rs. 



9803 



i 



-163- 

Special pro"blems concerninp; watchmen . - Particular problems arose 
in collection with the hours of watcliiaen. They were .not inclu.ded in the 
PRA. exemptions hut were in the Cotton Textile Code. (*) The problem 
of watchmen's, hours was tied up with the problem of their Y/ages. (**) 
This is sv^\<?;ested in the report to the President on Amendment No. 1 of 
the Glass Container code. General Johnson stated: 

"The labot provisions in the Code have been 
amended by limiting watchmen t to maximum y/orking hours 
not in excess of 96 hours in any two-week period, and 
not more than six days in any seven-day poilod, 

"Heretofore, watclimen have not been limited as to 
daily or weekly hours under this Code, but,¥/ere paid ■ 
at the rate of time and one-half for all hours in 
excess of 40 hours per' week. Since watchmen are 
^isua,lly crippled or surperanmiated employees, objection 
to paying, time and one-half resulted in no overtime 
above 40 hours per week, with consequent reduced wages, 
and in some cases to actual dispensing with the watch- 
men. The provision iii the amended Code will correct 
this condition," (***) 

By May 1955, special. hour"s"Trere x)resGribed for watcliiaen in all but 
100 codes, either in the original code or by amendment. In 256 codes, 
the hours permitted were 56 (sometimes more than 56 in emergency), 
Por instance, Counter Type Preezer permitted v/atclimen to work unlimit- 
ed hours in "emergencies" with overtime after 56 hours. In 13 codes, hours 
longer than 56 \7ere specified and in 84 codes, the watchmen were excempt 
from all hours limitations. 

The provision recomiTiended for ws.tclimen by the Labor Advisory 
Board was 36 hours and 48 hours in alternate vi/eeks, qr an average of 42 
hours in two weeks. This was incorporated in 20 codes, including 12 
in Pabricabing, . three in llon-ivietallic Minerals, two in Textile Fabrics 
and one each in the Porest Products, Equipment, and Chemicals grotips. 

Since some watcliman must be on duty every hour during the week, . 
particularly the hours v/hen the establishment is not operating, the 
problem of days off is more difficiilt to mefet for watchmen than for pro- 
ductive employees. Some codes did nothing to meet this problem; they 
merely excepted v/atclimen from the code limitation of six days oixt of 
seven. Other codes specifically provided a day off for watchmen every 

seven or 14 days, (****) 

.(*) See Code quotation earlier in the Chapter 

(**) See Chapter XIII Section V, 

(*=*=*) Co(3!es of Pair Competition Vol, Vi , p. 588. 

(****) 13 of the major codes limited the days per week for v/atchmen. In 
10 codes, including 11 supplements of Construction, the number of 
days to be vvorked v;as restricted to 6 out of 7. Bottled Soft Drinlc 
Retail Trade, and four supplements of the Pishery code provided for 
7 days off every 14 days. 

9803 



-164- 

The ITEA standard on v/atchmen's hours seemed to decline during the 
period of code raalcing. In the first 100 codes, watchiTien were allowed 56 
hours or more per .week:( including unli.ai ted hours X>v.t not if liroiteo. by 
averaging) in 50 codes; -the nuriiher increased to 55, 56, 60 and 64 in 
succeeding .-roups of idO codes,. 38 of the last 57 codes, and 11 of the 
Labor Provision pedes. 'Nineteen early codes (not counted above) added 
56 or raor% hfturs for;.:waichmen by araend'-aent. 

I!::ce;'ceu occ-c.nytiQns gnrl other elasticities . - It should be remember- 
ed that some codes yielded all the elasticity their industry needed for 
special occupations without any special occupstional exemptions, G-eneral 
averaging provisions, -general overtime provisions, peak-period provisions 
emergency repair pei-iods, and emergency periods provided elasticity 
for these groups as well as basic employees. Indeed it is the excepted 
groups such as repair-shop crews, iBf.chinists, engineers, firemen 
and electricians, who are likely- to be concerned especially with emergency 
repairs and '.vith other-emergsiicies. That is why so many codes provided 
for overtime "over regular hours" instea,d of over certain specified 
hours in eme:-gency aiid emergency repair provisions. 

The hours of excepted occupa,tions frequently ?/ere longer than in- 
dicated in table 4.4, for they were extended by special period provisions, . 
When a code provided that du.ring 12 vrecks of -a year all employees might 
work eight additional hours, this raised the 40-hour employees to 48 and 
the 44-hour anployees to 52. Table 10 shows that there are 78 codes v/ith 
provisions for pealc periods for certain groups in addition to the basic 
employees and 59 codes vdth'no "peai: period for basic employees but 
special pealc periods for certain emx:)loyees. 

The peal; period for excepted occupations in Bottled S^ft Drink 
illustrates how such provisions work. Engine^.'rs and firemen were- permitted 
10 percent "in excess of the weekly hours of onployees specified" or 44 
hours for 30 weeks, 48.4 for 16 weeks, and 59. 4 for sis weeks. ., 

Stays, exeriTi:3tions and amendments . - The record of excepted occupa- 
tions _in the codes is not the whole story of exemptions of special 
groups. Additional exemptions were granted the excepted occupations in 
stays or exemptions. The Shiijbuilding code, for instance, contained a 
provision that emiDloyees engaged in "designing, engineering, and in 
mold loft and order departments and such others, as are necessary for the 
preparation of work on new ship contructio'n " might work up to 48 hours 
per week for six months. Through subsequent Administrative orders, the 
exception was extended -successively for three months, six months, and one 
month; then blanlcet extension of this code paragraph was denied and certain 
firms were granted limited exceptions for these employees for four months. (*) 



(*) Administrative Orders, 2-3; 3-17; 2-24; 2-28,' The first three are 
printed in Codes of Fa^^ Competition, vol. VI, p. 658, and vol. XIX, 
p, 565, the fourth seems to have been omitted. 



9803 



"155- 

Another series of stays hp,;. to , do with emplosfecs enf?;aged in testing instalw 
lations, nachinery, and equipment, for' ships, dock trials, and sea trials. 

. Haiiy e::cepted occupa.tions -'ere added to the codes in amendments. A few 
of these, as Amendment 2 to the Cottbn Textile code,- set definite higher~ 
than-hasic hon.rs for grovips previously exem-ot. Other amendments set long— 
er-than-'ba.sic hours for certain groups of exccoted occupations previouslj" 
working hasic hours. 

Exce-pted occupations and compliance .- These exemptions of certain 
occupations were not v/ithout problems of enforcement. Complaints were made 
that employees were made suriervisors or executives or watchmen or cleaners 
overnight ao tikat thejrmj^t work unlimited hours or at least more than hasic 
hours. Loom fixers were classified a.s repa.ir-shop crews, and "bobbin 
cleaners as cleaners for the convenience to management of the longer hoLirs. 
Some codes sought to avoid these diffiailties by definitions in the codes 
of s\ipervisors and other exempted grotips. Por example, Household Goods 
Storage and Moving defined manager. a,s: 

"Manager means a person responsible for the management of a 
business or of sub-division thereof." 

The Knitted Outerwear code defined cleaners: 

"The term 'cleajier' as p.sed herein means and includes any one who 
does janitor service or one '.-'ho cleans floors, buildings, or mach- 
inery and does nothing else but clean." 

A report by the Post Code Analysis Unit, "Definitions of Employees in 
the First 500 Codes" listed three definitions for vratcJiraen (italics are 
the present author's); 

"Watchmen and guards shall ;nean employees engaged prim.arily in 
watching and safeguarding the premises and property of an estab- 
lislmient." (30 codes) 

"Watciunen, as used herein, includes only employees whose sole 
function is watching." (2 codes) 

"Wat cliiien , shall mean employees v7ho spend not less than 90 per cent 
of their working hou-rs in watching and guarding the premises or 
establishment of a m.ember of the industry." (8 codes) 

In other codes, excepted occupations were defined in interpretations 
when questions arose concerning what groups were covered by the code pro- 
visions. 

Some codes sought to avoid a.buse of the excepted occupations "oy 
limiting the number of workers who cou.ld ^-'orlc longer hours. For instaD.ce, 
the Slide Fastener code limited the group allowed extra hours to erroloyees 
engaged in emergency maintenance, or repair work, and highly skilled 
employees, the restriction of whose working hoxirs "vouldnecessarily restrict 
prodr.ction or the enplojinent of others; "the number of employees subject 
to this section sha.ll not at any tine exceed 15 per cent of the total 
number of employees of any employer." 

A count was made of the major codes limiting the number of executives 



who could be e:-:ce;oted from code hours. The Cleaning and Laundry codes 
specified 20 per cent; the Ice Code, one in seven einployees in establish- 
ments employin;^ foi\r or more; the Balcery code, one in eight employees in 
processin;^ departr.ients; the Hotel code, one in five employees in estab- 
lishments employin^^.' 20 or less and one in eight in establishments 
over 20; the Hetail Grocery code provision v;as like the Hotel provision 
excepting that firras operating separate grocery and meat departments 
could exempt an additional man with aJ, 25 salar;;/' limit. Of course, the 
salary limit v/as br-^jected to prevent abuse of the excepted occupp.tion 
provisions. 

The Onner-Oi^erator Problem. - Similar to the comialaints that em- 
ployees were classified as execu.tives were the complaints that in small 
enterprises :.iany employees were classified as enrtiloyers or partners to 
avoid limitation of hours. Some codes sought to check this by providing 
that employers doing work of employees v/ere subject to the same hours 
limitations as the basic employees. Such regul£,tions existed in 118 
codes as is shov/n in the table below, (*) 



(*) A more complete analysis of such, provisions is made in a Labor 
Studies Section report, "The Owner-Operator and the National 
Recovery Administration^ ". by Maurice Eabinovitz, The provisions 
for starting and stopping time discussed in Chapter VIII, Sec- 
tion III were expected also to serve as a curb on the employers' 
working time. 



9803 



-167- 



Industry G-roxn^ 



Employers Su-tject to Hours Provisions 



Total 
codes 



Employers and/ 
or partners 
doing vrork of 
employees 



Employers 
doing 
manual 
wor]^ 



Owners 
doing 

production 
work 



Uon-Metallic 14 

Forest Procucts 4 

Chemicals 1 

Hatber 1 

Equipment 17 

Pood 5 

Textile Palsrics 3 

Textile Apparel 22 

Leather and Par 4 

Palari eating 20 

G-raphic Arts 3 

Constr^iction 5 

Transportation 2 

Service Trades 4 

Wholesale Trades 4 

Retail Trades 8 

Territorial Codes 1 



3 
1 

1 
4 

1 

10 
2 
4 

2 
2 

3 
2 
4 



10 

1 

11 

1 
1 



3 
3 



1 

3 



2 
4 

2 

11 



1 
2 
4 
1 



Total 118 



39 



40 



9803 



The pi'^visions trnlc various for..) but have 'been classified here 
as (l) employers and/or partners doing the work rf employees, ( 2) em- 
ployers dcinii, manxial work or engn^ed in mechanical operation and (3) 
owners (members of a partnership, stoclsiiolders, families of owners) 
doing production v/ork, 

Naturally enough the previsions controlling cwner-operators were 
most frequent in Apparel codes where working employers have aboTinded. 
Among the major codes including such a provision were Retail Trade, 
Laundry, Barber Shop, Photo-Finishing, Motor Vehicle Maintenance, Motor • 
Vehicle ".'Storage, Construction, Ice, Scrap Irjn, Dress Manufaclruring 
Silk Textile, Rubber Manufacturing (Rainwear division), Undergarment, 
Blouse and Skirt, Millinery, BaJ-cing and Cajining, In four codes all aiarn- 
bers of a partnership were subject to hours provisions, v/hile f«ur others 
exempted one member, Fifteen codes mentioned the families of ovmers as 
bound by the codes, but another five codes exempted the wife or husband 
of a member of the.' industry, • 

Extent cf elasticity in major codes. - How much elasticity these 
provisions for excepted occupations introduced varied greatly from code 
to code. Table 43, showing each occupation separately, throws no light 
•in the number of different occupations excepted per code. Table 12 
shows the combinations which existed in the major codes. Some of these 
codes hac- a few excepted occupations; some codes had as many a.s 13. 
Even the numbv^r of excepted occupations give no satisfactory clue as 
to the number of employees exempted. ITor instance, Shipbuilding, which 
seemed to have only two excepted, occupations, limited hours only of 
"employees on an hourly rate, " If one Imev: what employees were on a 
weekly rate, one might check on tabi-e 12 a number of Cfslumns as except- 
ed probably supervisr-rs, professional and techniCFl, office and clerical, 
stock clerks, and watchmen, and perhaps other groups. Bottled Soft 
Drink had only seven excepted occupations but these I'ould seem to con- 
stitute a large proportion of the employees in this particular industry: 
(l) executive, supervisory and (2) teclinical employees r x jiving $35 
cr more per week; ( 3) outside salesman; (4) route salesmen earning $20 
per week regularly, and $22 in the 22-week peal-c period; ( 5) chauffeurs 
and deliverymen; (6) engineers and firemen; .C*?) watchmen* 

Table 45 suraine.rizes the hours provisions for specified excepted 
occupations in the major codes. Compared with table 43, this sh«ws 
that the major codes used excpeted occupations somewhat less frequently 
thatn the smaller codes. The smaller codes allowed unlimited hoiirs more 
frequently than the major cedes and requires overtime payments in a 
larger preportion of the codes. It was only in the "other" occupations 
that the major codes exceeded the general use ef excepted occupations; 
sic major codes exempted a .-roup of "other" supervisors: eight major 
codes, "other" sales and service employees; and 25 major codes, mis- 
cellaneous excepted groups. Footnote "C" to table 45 is of interest in 
sh^iwing the cUversity wf the miscellaneous occupations exempted by the 
codes. 



9803 



-169- 



Tatle 45 



Summary of code provisions for specified excepted occupations 

in the major codes 



Occu-oation 



I 



Total 
codes 



Un- 
lim;- 
ited. 
hours 



I 



Executive and supervisors 

Foremen, other supervisors 

Professional a,nd technical 

"All other" employees 

Engineers 

Firemen 

Electricians 

Shipping and stock clerks 

Deliver^,'' 

Cleaners aJid janitors 

Outside crews and workers 

Watchmen 

Outside sales and service 

Inside sales and service 

Other outside sales & service 

Buyers 

Draftsmen 

Special office -S; clerical 

Scarce, skilled or key workers 

Continuou.s process operators 

Machinists 

Power plant employees 

Misc. eircepted groups c/ 



a/ 53 with salary limit 
h/ 15 with salary limit 
c/ See next page 



Codes providing 



Unlim- 
ited 
except 

■by 

averag- 
ing_ 



Lim- 
ited 
more 
than 
hasic 
hour s 



59 


59^;/ 


-. 


6 ^ 


2 

22^/ 


-. 


22 


- 


11 


1 


2 


24 


4 


2 


26 


9 


2 


10 


1 


1 


15 


6 


3 


23 


4 


2 


10 


4 


1 


7 


3 


- 


53 


25 


4 


46 


:46 


— 


4 


— 


2 


8 


6 


— 


1 


1 


— 


2 


2 


— 


8 


5 


1 


14 


3 


1 


8 


3 


1 


1 


» 


- 


3 


1 


- 


25 


12 


— 



Total 

averaging 

provision 



18 
15 
. 8 

6 
17 

5. 

5 
24 

4 
2 



2 
10 
4 
1 
2 
13 



4 
6 
5 
2 
5 
4 
2 
1 
5 

2 
1 



1 
4 
3 



Over- 
tine 
pa'gients 



2 
5 
5 
1 
4 
■6 
1 
1 

5 



3 

4 



9803 



-17C- 

C_/ These include: 

(petroleum) P\ij7ipers on stripper wellL-.; Worlcers transporting coal 

(Bituminus Coal) V/orkers duiapiug; and preparin;,- coal a.nd employees on 

isolated properties 

(Structural Clay) Crev/s on floating equipment 

(Lumber) Caiiip cooks 
(Ship Buildin/;;) Employees in ship repairing 
(Fabricated i;ctals) l>Ion-processin:;5 employees not otherv/ise 

( specified in code 

(Transit) Crossing flagmen, gatcmen, etc, 

(Barber Shop) Berber shops operating one chair 

(Hotel) Employees in small hotels 

(Rubber) Slevator Operators 

(Fishery-LIidQe Atlantic Preparing) Attendants in distribution of live 
fish by motor. 

(Bakery) Eisployees in hari-^icraft shops: Employees, in semi- handicraft shops 

(Graphic Arts) All other nonr mechanical employees; 

( Cons traction) Eniiployees in establisliraents employing not more than two 
persons in trwn of less than 2500 population 

(Retail Trade) "All others" — probably ftiail order house employeess 

(liotor Vehicle' Maintenance) Two employees "on call" 

(Cotton Gariaent) All non-manujfacturing employees not specified 

(Daily Newspaper Publishing) "..'orkers in Localities where mechanics 
are scarce, 

(Rubber Tirt) Aujriliarj^ force 

(Automobile; Salaried employees earning more than $35. 

(Automotive Parts) " " " " " " 

(Canning) 7/arehouse enrployees 

(Dress) Auxiliary force 

(Triicking) rate clerks and dispatchers; solicitors doing no manuel work 

(Bankers) Employees in banl^s employing 2 or less (in addition to execut- 
ives) in towns of less than, 2, 500 

(Real Estate Erokerage) Employees in towns of less than. ^,500 

(V/liolesale Pood) Outside collectors 

(Motor Vehicle Storage) All others not specified 

Household goods Storage) Dispatchers 

IV TIIE PROBLEI.I OP HOURS POR EXCEPTED OCCUPATIOIIS 

The need for siirrplifi cation , - Much of the detail of tlie provisions 
for hours of v/orlcers in the excepted occiipations has necessarily been omit- 
ted in this presentation here. Enough detail has been given, however, to ., 
reveal a bewildering variety of provision, and to suggest thpt hundreds of 
thousands of employees were working long hours under the so-called 40-hour 
codes. The Acijjainistration approved longer regular hours for these employees 
than for basic em loyees and still longer hours in certain emergency or 
other special periods, both with and without the safeguards of overtime 
rates. 

Occasional versus vef^lrx exemption, - The case seems to be made for 
elasticity for e::ecutives and siipervisors and professional and teclinical 
workers; when properly qualified by salary limitations, such elasticity 
seems reasonable. 0bvious5y too, it would be difficult to enforce a limits 
ation o: the hour? of outside salesmen. A case can be made, also, for 



-171- 

elasticity in the hours of continuo\is process operators, especially 
in cases where relief operators are not immediately availahle, but 
such emergency sitij-a.tions mi lit Tvell he saie^fuarded by the reqiiirement 
of overtime pay^.-ents at penalty rates as proposed in the PRA. A case 
Can be made for occasional elasticity for the groups concerned with 
maintenance end re]pa.irs - en.^ineers, electricians, machinists,, power- 
plant employees, and maintenance aiid rejiair crews. Similarly, on 
occasion, employees concerned witli mtrchan casing emer.^.encies such as 
shipping and stocl: clerks and delivery employees- need flexible hours. -But 
complaints hrve been made that the long hours rer'^uiarly allowed for these 
excepted occtvpations interfered v/ith the Arljainistration' s program for 
reemployment. 

Service employees- sxich as clepjiers 'and janitors and watchinen 
obviousl./ need to be employed at hours . v/hcn productive employees are not 
at work. Some codes solved this prcTBlem Qj Qpnsiderably longer hours 
for these occupations; in, other industries more normal hours with 
especially plaimed shifts seemed to suffice. • , 

These hours pl"ovisions foi-- excepted occupations -a-oggest tha.t this 
is a field in which much further" exploration -of the situation v/ould be 
necessary to arjraise the provisions,.-. . The needs of the various ind"ust- 
ries for flexibility^^ the .iavailability of .skilled workers and the con- 
tributions which limitation of hours would malce it reemployment are 
among the questions on which more data is needed. In any case, the 
provisions coijid well, be simplified aaid some of the great variety ;. .- ..- 
of provisions cot;id be .eliminated, : ^ . ' 



9803 



-172- 
CHi\PT55 VIII 

miscslaa^hous hoihs provisions 



In adiition to the erruneration of "basic hours and of the periodic 
and occiipatic lal e::ceptions from these hours, many codes contained certain 
provisions of a more general character concerning hours or some specific 
regulation of shifts, starting time, or Y7aiting time. These are summarized 
in table 46 and vrill be discussed below: 

I. COKFORIvIITY '.JITH OTHBR LAYJS OR AGBEEl'IEIITS 

State lav7s to be complied with. - The clause most frequently found 
is the general statement that state laws embodying any more stringent reg- 
ulation than the code provisions concerning hours, '>"Bges, or child labor 
must be cccplied rjith. So far as hours of work are concerned, this ap- 
peared first(*) in code No. 28 for the Transit Industry, aoproved September 
18, 1935 in this form: 

"V/ithin each State, members of the Industry shall ^ 

comply with any laws of such State imposing more stringent 
requirements, regulating the age of employees, wages, hours 
of work or health, fire or general working conditions than 
under this code." 

A. similar provision was included with the Administration's "Suggested 
Outlines for Codes" (draft of October 1^: (**) 

"Ti'ithin each State this Code shall not supersede any 
laT^s of such State imposing more stringent requirements on 
employers, regulating the age of employees, usages, hours of 
work, or herlth, fire or generrl working conditions, than 
under this Code." 

Altbgather such a clause concerning hours appeared in 510 (***) of the 
573 codes, the notable omissions being all five Fuel codes, 19 Equip- r' 

ment codes, nine Fabricating codes and five each of Textile Fabrics and v 

Apparel. Most of the codes without such a| rjA-iricr. "xe e^rly codes-. 



(*) Code Ho. 21, Leather had contained a similar provision con- 

cerning the minimum age of employment and Code No. 26, Gasoline 
Pump, one concerning minimum wage. 

(**) This "model code" is not accessible in printed form. The model 

code of April 3, 1934, "Suggested Outline for Use in Code Drafting" 
appears in Federal Trade and Industry Service, This ciontained a 
substantially similar provision, abiding Federal law to state law, 
and safety and insurance to the subject matter of the laws. 

(***^ jj^ some cases the State laws on hours of work for women resulted 

in sex different '^Is in hours and in prohibition of night work for 
women. See below. 

9803 



173 



i 



^ 



seyoo xat^ot^jjsi 



CVJ 



Q0'[iQS;[30£ in 
ao';^3iu4sac3 o 

GO 

.mj pns J3i;4«8'x ^ 
pooi 5 

94tmpMd ^leiej r- 



sD 


rM 


1 


1 


(M 


(\J 
CI 


to 


J- 


fH 


(U 




irt 


H 


1 


t- 



p> 



r*^ r«^ I t\j 



r«^ cu CM c\i I CJ 



nj 


1 I 


I 1 


' 


1 


1 


1 


^ 1 


, , 


1 


CM 


1 



fof-w ajj* j±vx) Mcu 



^ I I 



K> K\ I 



r^ f*\ tn 
o ^ r^ 



o <-i o «« r- 

•-I 01 h- (VI J* 

m 11 



I t •- <-> 



1 W iH f-t 



I I 

I I 



K\ I fH iH 



CU I r-t 



m 


1 


I 


1 


1 


' 


r«- 


1 


t 


x-i 


J- 


cu 


1 


' 


f-i 


rH 


' 


1 


M 


cy 


1 


r-t 


S 


U3 



I ir\ iH 



"^ >- nj o^ ir» pj 
M J^ ro iH w if 



9803 



» 


? 




■9 






•D 


■a 




^ 


• 


m 


« 


h 




> 


n 


^ 


o 


m 


v4 


^ 


o 


H 


r 


1 


Id 


1 


w1 


• 


M 


9 


c 


1 




.a 


a 




a 


« 




o 


■*» 


o 


p< 


JO 


o 




ti 


u 






4* 


■p 




•a 


o 




u 


■*> 


M 


4> 


M 


o 


a 


Tt 


1 

4> 


5 


1 


r 


? 


s 






•4 


v« 


fl 


»-l 


a 


-a 


^ 


o 


«4 




• 




1 


a 

m 


^ 

iJ 



I 



« s 






s 



T* -r* fH 



U 



( 



-17-^1- 

Unio n agreements to be com-olied with. - Similar to "state laws to "be 
complied with" are the provisions that union agreements must "be conplied 
with. These were not coxmted, but we cite an example of this form the 
Exiiibition division of the liotion Picture code: (Underscoring is the 
present authoi.'s^. 

"Employees associated with organizations of or perfor- 
ming the duties of bill-oosters, carpenters, electrical 
workers, engineers, firemen, motion-picture machine opera- 
tors, oilers, painters, theatrical stage employees, theatri- 
cal wardrobe attendants, or other skilled mechanics and 
artisans, who are directly and regularly employed by the 
E'shibitors, shall receive not less than the rainumum wage 
and work no longer than the maximum number of hours per 
week which were in force as of August 23, 1935 , as the pre- 
vailing scale of wages and maximum number of hours of labor 
by organizations of any of such employees affiliated with 
the American Federation of Labor with respect to their re- 
spective type of v?ork in a particular class of theatre or 
theatres in a particular location in a particular community, 
and such scales and hours of labor with respect to any of 
such employees in such community shall be deemed to be, and 
hereby are declared to be, the minimum scale of wages and 
majcimum number of hours ^vith respect to all such employees 
in such communities in such class of theatre or theatres." 

II. BEPOB.TS OH HOUHS 

He-ports on excess hours worked .- The clause appearing in the next 
largest number of codes was some general provision concerning reports on 
hours. (*) A total 121 codes provided that hours worked in excess of some 
standard should be reported. The first of these wa.s a requirement in the 
Cotton Textile code that any emergency time in any mill (for repair-ship 
crews, enginesrs, electricians, and watching crews) be reported to the 
Code Authority. (**) Code No. 4 for the Electrical induotry provided that: 

•'At the end of each calendar month every employer shall 
report to the Administrator through the Board of Governors of 
National Electrical Manufacturers Association, in such detail 
as may be required, the number of man-hours worked in that month 
on account of seasonal or peak demand requirements, and the ratio 
which said man-hours bear to the total number of man-hours of 
labor during said month, " 

Most of the Textile codes followed the lead of the Cotton Textile code in 
requiring that hours worked in emergency repair periods be reported. Some 
other codes followed the lead of the Electrical Manufacturing Industry in 
requiring reports on indefinite peak periods. In other codes, hours during 



(*) This is in addition to the statistical report on hours worked 
which many codes required to be filed with the Code Authority 
by each member of the industry, 

(**) See Chapter VII, Section I, 

9803 



c 



( 



-175- 



definite peak periods were to te reported. Some codes required re'oorting 
to the Administrator as veil as to the Gode Authority. The Cooper code, 
for instance, required reporting to the Administrator through the Code 
Authority the special cases of "emergency maintenance or emergency repair 
work involving breakdown or protection of life or property. " 

Altogether, a requirement tha.t excess hours be reported appeared in 
30 of the 48 Pood codes, 23 of the 40 Textile Fabrics codes, 17 of the 
92 Eouipment codes, 16 of the 82 Fabricating codes, eight Apparel codes, 
five '^.vholes.ale codes, end less frequently in nine other industry groups. 

Special reports on hears. - Another 70 codes, 30 of them Paper codes, 
I>rovided for some special r'^poi t on hours. These were reports in lieu 
of some more effective hours regulations. For example, Code Ko. 100^ 
Paperboard, contained under General Provisions, a ••requirement that "'the. 
Code Authority shall make a study of conditions ih'the ind"istry to determine 
the feasibility of the adoption of shorter working day and sh^-11, within 
three months after the effective date of this code, make a report of. its 
findings to the Administrator." It wa,s re-oorted that a shorter working 
day was not possible and the code hours were not amended. So also Cotton 
Garment: . . ' ■ 

"The Cotton Garment Code Authority shall, ■'imme- 
diately after the efj7ective date begin an investiga- 
tion .... to determine whether or not the 4'^*-hour week 
provision of this section is resulting in increased em- 
ployment, and the said Gode Authority shall report its 
findings on this question to the Administrator not later 
than 50 days after effective date, so that the Administra- 
tor may determine whether or not the provisions . . . should 
be changed." 

Special Jeports were called for also on hours of cutters, employees in the 
sheep-lined and leather-garment division, and non-manufacturing employees. 
In this case the Administration follc/ied through, and the code hoiirs of 
manufacturing employees were reduced in Amendment No. 7. (*^ 

III. DEFIHITIOl'IS OF W'05KI1?G TIMS ■'■■ 

Another grou^o. of clauses was concerned with further definition of the 
working time permitted by the codes, Twenty-two codes, 12 of them Apparel 
codes, rsgolatec. hours for starting and ending the worki ng dav. (**'^ For 
example-: the Coat and Suit code limited the working day .'for manufacturing em- 
ployees to the ho^ors between 8:30 A.M. and 4:30 P. i!. with one nouj.- interval 
for lunch. However, upon r-^ccmmende.tion of the Code Authority, the Admin- 
istrator might designate any ether 7-hGur working period for any market. 



(*) Codes of Fair Competition vol. X^7, p. 387, See also discussion in 
chapter II,' sec. ii. 

(**) Such limitation of ho^urs seems to have been expected to limit the 

hours of working employees. See report by Maurice Rabinovitz:, cited 
in Chapter VII, Section 3. ' 

9803 " ^ •■ 



-176- 
Most codes were not so definite. Code >Io. 194, Blouse and Skirt, stated; 

"The Code Authority, subject to review ty the Ad- 
ministrator, may designate the hour before which work 
shall not begin, and the hour after which work shall 
cease, and may determine in which localities these 
regulations shall apply." 

The Barber Shop code provided for determination of opening and closing hours 
for each trade area by the local administrative board, subject to the ap- 
proval of the Administrator. 

nineteen codes, 14 of them in the Paper group, specifically prohibited 
night work for women . The typical provision is the following, from the 
Set-up Paper Box codej 

, "Female employees shall not be permitted to work 
between the hours of 10:00 p.m. and 6:00 a.m." 

Forty-seven codes, (*) 19 of them in the Distributing trades, provided 
that the hours of work shall be consecutive . The idea here was to prevent 
"split tricks." For instance, in code No. 201, Fnolesale Distribution, ^ 
there was the requirement that: 

"The hours worked tj any one employee in any one day shall 
he consecutive, with the exception of a reasonable period out for 
lunch. " 

The Shower Door code stated: 

"A day's work shall constitute eight continuous hours 
of employment with not more than one hour intermission 
during the course of this period for lunch or any other meal." 

In the Bituminous Coal code, the seven hours of labor constituting a day's 
work were defined as "hours of work at the usual working places exclusive 
of lunch period. " 

In the Hotel industry not more than 12 consecutive hours were to elapse \ 
"between the beginning and the end of the 10 hours worked by any employee and 
not more than one interval off duty was permitted. Hov/ever, fourteen hours 
with two intervals off duty were allowed in establishments employing not more 
than 15 persons. Both the Hetail and \?holesale Food and Grocery codes pro- 
vided that operating hours could be set by area agreements. It is interest- 
ing that no clause concerning consecutive hours of v;ork were found in the 
Transportation codes, where the problem of "split tricks" is most serious. 

All but three codes, Hotel, Wholesale Confectioners, and Concrete Pipe 
which included consecutive-hours-of-work clauses, included also a lunch- 
hour-provision. The provision was either for a "reasonable interval" or a 
specified period, usually one hour. The Wholesale Food code stated that: 

(*) The Animal Soft Hair code included here provided for 8 working hours and 
one hour for lunch in the 9^ hoixrs between 8:00a.m. amd 5:30p.m. 

9803 



-177- 



"in coamur-ities where a longer lunch period has been 
customary, any establishment may, with permission of the 
Local Food and Grocery authority, allow employees a longer 
period than one hour for lunch "but such period shall in one 
event exceed one and one-half hours." 

Two otfier codes, Pickle Packing and Mayonnaise Dressing, provided 
for a one-hour lunch period for route salesmen, making a total of 46 lunch- 
hour provisions. The Legitimate Theatre code is interesting in including 
the lunch hour within the eight-hour day allowed during the rehearsal 
period: • ' 

"No actor in a dramatic play shall be iDermitted to re- 
hearse during rehearsal period more than a maximum of eight 
hours a day, one hovir of which shall be free time for lunch 
or dinner. The eight hours shall be consecutive and shall 
commence with the time of rehearsal call for each actor. 
The limitations inyi.osec. shall not. ap_?ly during the last seven days of 
of rehearsal' no after the firsL public performance. Employers 
shall not ahuse this rehearsal privilege." - ■ 

Similajr in purpose to the consecutivs-hours-of-work clauses were the 
provisions that waiting time counts as time worked , in computing hours of 
work and earnings. Such a provision is found in 32 codes, half of them 
in the Distributing trades and five in Chemica,ls. For instance, Water- 
proofing stated: ' 

"Uo employer shall pay an employee less than the full 
schedule daily hours of work for any employment in any one 
day. If an employee is reo^uired or permitted to wait for 
work, he shall be paid at his normal rate for such time." 

Wholesale Fresh Fruit and Vegetahle required: ' 

"Any rest period which may be given employees shall not 
t^ deducted from such employees' working time." 

Two of the Transportation codes had this sort of protection for their 
workers. Trucking and Household Goods Storage provided: 

"All time spent by an employee on or in any vehicle shall 
be considered time worked, regardless of whether such employee 
is engaged in driving or in the ipref ormance of other labor, unless 
such employee is a relief employee off duty engaged on a vehicle 
equipped with a sleeping com-oartment. " 

The Retail Meat code provided for ^oi^yment to employees "on call, or subject 
to the employers' orders or summons." (*) The Advertising Distributing code 
accomplished this piarpose.by defining working hours as the time beginning 
when carriers arrive at a locality for distribution to the time they cease 
such distribution in the locality. Employees were to be paid for at least 

(*) See also Chapter XIIT,, Sec.V for codes providing subminimum rate for 

emplojrees on call. 
9803 



-178- 

three hours work per day except in case of inclement weather. In other 
industries where waiting time was not provided for in the code, this 
question of payments for waiting time came up as a subject for interpre- 
tation. 

Provisions for holidays. - Three sets of clauses were concerned 
with holidays. Forty-seven codes, 18 in the Food groupj seven in Fabri- 
cating, six in Equipment, and 16 others scattered through 10 industry 
groups, provided for overtime payments for work on Sunr'.ay and holidays. 
For instance, Graphic Arts (Lithographic Printing division) required: 

"Saturday - douhle time for all hours over four. 
Sunday and legal holidays - double time for all hours." 

■Ti7o supplements of the Construction code (Cement G-un and Terazzo and Mosaic) 
required time and one-half for all work on Saturdays, Sundays, and legal 
holidays. Several codes exempted some of the excepted occupations from this 
overtime pay; for example the Cigar code excepted watchmen, engineers and 
firemen, and wrapper casers and the Machinery and Allied Products code ex- 
cepted watchmen, power-plant engineers and firemen. 

Six codes were concerned with the making up of time lost on account of 
holidays (and other reasons). For example, the Nottingham Lace Curtain 
6ode stated: 

"There shall be no making up of time lost through 
necessary repairs, holidays, or for any other reason, 
except as agreed between the Code Authority.... and 
representatives of Ihhe lace curtain weavers." 

Eayon and Silk Dyeing provided that time lost for such reasons might 
be made up in the same week: 

"The Code Authority may modify the provisions regarding 
hours of plant operation on any week in which a legal holiday 
occurs so as to permit employees to make up the number of 
hours lost by reason of such legal holiday." 

The Millinery code had a more flexible provision: 

"If work is suspended during any day or days of the week 
by reason of a religious or legal holiday, or emergency, members 
of the industry affected may make up the time lost any day of 
that same week or in the subsequent week without any extra over- 
time pay, provided said member notifies the Regional Millinery 
Code Authority at least 24 hours in advance of intention so to do." 

In other codes the question of making up lost time came up for inter- 
pretation. (*) 

IV. STABLIZATIOM, SHARIITG OF VJOM. MD PRODUCTION CONTROL 

Stablization of hours; - Two types of clauses were concerned with long 
run establization of hours. T'«7enty-f ive codes, eight of them in 

T*) See Ch. II, sec. III. 

9803 



-179- 

Non-Metallic Minerals, provided for the maximum continuity of employment. 
For example J Ready-flixed Concrete: 

"An employer shall so administer work in, his charge 
as to provide a miximum practicable continuity of employ- 
ment for his employees." 

Other codes provides that the Code Authority should study the prohlem of 
stabilization of hours and mal-:e recommendations to the Administrator. For 
example, 5ar Advertising: 

"The Code Authority is authorized to recommend to the 
Board any action or mea.sures deemed advisable including . . . 
measures for industrial planning and stabilization of em- 
ployment. . . ■'.7hich shall "become effective as part hereof upon 
ar>proval by the Board after such notice and hearing, if any, 
as it may specify." 

Table 12 shows that 14 major codes included such a provision, ivlost con- 
spicious perhaps was the provision in the Automobile code. The code as 
originally approved stated: 

"The industry recognizes the serious problem of major 
"fluctuations in production due to concentrated seasonal 
•customer demand and changes in.ithe rate of production caused, 
by changes in models, v/hich changes are necessary. The Chamber 
pledges itself to make a further study of this problem in an 
effort to develop any further practical measures which can be 
talcen to provide more stable and continuous employment and to 
reduce to a ; minimum the portion of employees temporarily em- 
ployed and to submit a report thereon to the Administrator by 
December 1, 1933." 

By January 31, 1935, after studies by the industry and the N3A Division 
of Hesearch and Planning the recomiiendation had become more specific. 

"The members of the industry are requested and authorized 
to enter into agreements with one another with respect to the 

• Fall announcements of new models of passenger automobiles and 
the holding of automobile shows in the Fall of the year as a 
means of facilitating regialation of employment in the industry. " (*) 

Clauses of this sort often were neglected by code authorities but they 
provided the opportunity for follow-up by the Administration, particularly 
the Labor Advisory Board. 

Sharing of work .* The Construction code, four Graphic Arts codes, 
Fur Dressing aid Dyeing, and Motion Picture (Production Division) provided 
for the maximum, sharing of work. The character of these clauses may be 
seen from three examples: 

Fur Dressing: 

* "The available work in each shop shall, so far as 

practicable, be equally divided amongst all the employees therein." 

(*) Codes: of-.F&j.r Competition, Amendment 5, vol XXI, p, 204. 

9803 



-180- 
Cons tract ion: 

"The foregoing maximim hours of work shall not 
he construed as a minimim, either for a day or for a 
v/eek, and if at any time in. any locality truly repre- 
sentative groups of employees in a division or suh- 
division of the industry, through their chosen repre- 
sentatives, express "by written request to their employer 
or employers a desire to share available work in such 
division or subdivision, the nu'nber of hours of ^-'ork 
may be reduced by mutual agreement between such employees 
and their employer or employers." 

The Structural Clay code gave regional committees the power, with the ap- 
proval of the Administrator, to adopt measures necessary for "spreading 
and sustaining employment." 

Limitations of shifts.- Forty-two codes limited either the hours 
cr shifts an establishment might T^ork or the shifts certain productive 
machinery could be operated. The Cotton Textile code started this with 
its limitation of certain productive machinery to two shifts of 40 hours 
each. Twelve other Textile codes adopted the same policy and two limited 
production to one shift; (*) five Ap'oarel codes provided for two shifts; ".^.^ . 
and 15 , for one shift only. (**) 

Six other codes included here are: 

Wall Paper - two 8-hour' shifts 

Funeral Supply - two shifts 

Cast Iron Soil Pipe - 1 shift of 27 hours 

Cigar Container - one 8-hour shift; during peak 

demand, one 9|r-hour shift 
Machined 'Jaste - one 4'^-hour shift 
Wet Hop - two 4''' hour shifts. 

In Furniture Manufacturing the shift limitation was accomplished by the 
requirement of penalty for overtime hours. Basic employees working on a 
shift all or part of which occured after 5:00 p.m. or before 7 a.m. had 
to be paid time and one-half for all their hours. The Throwing code 
allowed a ".reduced force of male operatives over 18 years of age and not 
to exceed 35 percent of the total number working in all throwing 
processes on the larger of the two full shifts" to work "as and when 
necessary during the time when neither of the full shifts is working ", 
but required an increase of one-third in the hourly wage rates paid the - 
day force (30' to 32^5^' depending on the location of the mill) for this 

(*) The Hosiery code permitted knitting equipment to be operated for net 
more than 2 shifts of 40 ho\irs each and full-fashioned equipment for 
2 shifts of 36 hours each or one shift of 40 hours. 

(♦*) The Cotton Garment code, which limited production machinery to one shift 
of 40 hovirs, provided that exceptions might, be granted to meet contract- 
ual obligations, to prevent the dismissal of employees or to meet any 
unusual hardship created by the Act. 

9803 • " 



■■■I 
-181- 



rec.ucec". force on the tliirc. sliift. 

Of course the purpose of shift limitv.tion w?.s l3,r:2;el7 limita- 
tion of rrocuction or castricution of available ■froc''.uction through 
the units of the industry, rather than protection of lahor. It is 
primpxil " a tra.de-practice provision rather than a lahor provision, 
thou^i em-loyees "benefittef. o-- the abolition of the "jr^veyard" shift 
in some inc'.ustries, nota-hl ■• the Textile industries.* 

Stretch-out forhidc'en . - ■]>A'ent;--taree codes provided against 
"stretch-out." The purpose of this ?;as to prevent nullification of 
the reenrplo:;.'incnt -lossihilities of shorter hours "by speeding up or 
"stretching out" v-orkers to secure the same output in shorter hours. 
Eleven Te:.;tile codes had such a provision; as usual Cotton Textile 
led the T/a~" v.'ith: 

"Until adoption of further provisions of this code 
that ma" prove necessary to prevent anv unproper 
speeding up of work (stretch-outs), no emplo^'^ee of 
a.nj mill in the Cotton Textile Industry sha.ll "be 
required to do any vork in excess of the practices 
as to the class of ^7ork of such emoloree prevailing 
on July 1, 1933, or prior to the share-the-vork 
movement, unless such increase is submitted to and 
approved ty the agency created "by Section 6 of the 
code and by the national P.ecovery Acjninistration. " 

hlowever, -i^ithin a month this "orovision was superseded "b.j/ an amend- 
ment (AugU-st 3, 1933 ) setting up a series of mill committees, state 
industrial rela.tions hoards, and a I'ational Textile Industrial Rela- 
tions loard "to handle controversies as to t>_e stretch-out."** 

Tlie ■■'ool snd Sillc Textile codes, approved in 1933, contained 
provisions for the appointment of comirdttees to study this problem, 
but no coiimittees were appointed until after the textile strike of 
September 1934. Then the major Textile codes were amenced to provide 
for three v/ork assignment boards to study the problem a.nd meJke recom- 
mendations for regulation of \7ork assigrjment. These recommendations 
were made shortly before the Schechter decision ajid ^^'ere never put 
into effect. 

After the Cotton Textile code had amended its provision, the 
original clause v/as repeated in four Textile codes and, with the 
omission of tne "until adoption of further provisions" in six Textile 
and Apparel codes. It is interesting that a code approved as late as 
May 1934- (code ITo. 4-26, Paper lialcers' l-'elt) oro^oosed freezing the v/ork 



(*) See Trade practice Study: H. E, iTiiry, "production snd Capacity 
Control under the IIFA," 

(**) Codes of F3,ir Com.petition, vol. I, pp* 2S-24, The amencjnent vas 
ca.lled sec. XVII of the code. 

9803 



-182- 



loan r:.s of Jul - 1, 1933. 

Tlie Lien' s .Clothinj; coc.e liac. a C-ifforent em-liasis, recoraizin^ 
the ■7?.;;^e "roclem (rnc. on the trac.e-practict sice, the cost prohlera) 
of increasec work assi i-nment : 

"ITo increases in the amount of rrocuction or vrork 
shall 'be required of em^do-ees for the purpose of 
avoic.in^- the "benefits to em-loyees _jreEcri"bec'. I)-/ 
this code in respect of wa^es and hours of employ- 
aient. All reouirements in respect of such increases 
shall he reriorted to the i.ien's Clothing Code Authority." 

A similar clause i7as inserted in as f-iverse codes as Hosier/, 
All-Ietal Insect Screen, '"ater-roof in^-, and Coffee. The Cotton G^prment 
code adidec. "no chan_;e in -oiece rates" to "no increase in t/.e amount of 
"oroduction of v/oiic", emphasizing that workers can be speeded up as rauch 
"by reduction of rates as oy increase of work assi/iiment, t 

The hotion picture codes em'ohasized union "larticiioation and pre- 
vention of unemoloanent : 

"In no event shall the duties of an-' of the employees 
hereinahove specified directly and repuJarl'/ emplo-'ed 
by the Ejiiihitors as of Au^^ust 23, 19S3, he increased 
so as to decrea.se the number of such em'>lo 'ees em-^-loyed 
in an-' tiieatre or theatres in an ■ community, exce-ot 'by 
mutual consent." 

Terrazzo anc. Mosaic, a supplement to the Construction code, went 
beyond a provision ap-ainst stretch-but in nrovic inp that: 

"ITo member of this division shall requ.ire an era--loyee 

to do a certain piece or amount of work in a desipnated. / 

time."* ' " 1 

V. :;ISC5L L AIJI0US HOURS F F :07ISI0i:S BT IIIE L l1 J0~. COL ES 

Table 12 shows which of the major codes had t...e miscellaneous 
hours provisions discussed in this chapter. It also tabulated addi- 
tional clauses with reference to houi-s as ther arp.eared. in the major 
codes. 



(*) Coc.es of i^^'air Corn-Petition, vol.XIII. :. 593, 



9803 



-183- 



lilnrr-loT'iien-t "oy one or more em-".lo ^ers . - The coriritions of ap- 
proval of tlie Cotton Textile coc.e included:* 

"It is interpreted that the provisions for marimuiTi 
liours establish a maximtun of hours of la-bor per 
?/eek for every employee covered , so that under no . 
circujTistj.nces Y.dll such an emplo'^ee Ids employed or 
permittee, to work for one or more emplo'^ers in the 
industr - in the aggregate in excess of the prescribed 
nujnbfrr of hours in a single week. " 

That clause was incorporated in several codes; for example, in iien's 
Clothing ano. Hosiery. A shorter clause soon bec-me standard; two 
exaniiles are given below: 

Artificia-1 Flower and Feather 

"ilo employee, shaJl work or be permittee to work for 

a total number of hours in excess of the number of 

hours prescribed for each week and day, whether em- 
ployed by one or more employers." 

Salt producing Industry 

"Ilo producer in the Sa.lt .Producing industry shall permit 
, any em^-loyee, who has worked for one or more other employ- 
ers to work for such oroducer such nunber of hours as 
\7ould. result in a viola,tion of this Code had all such v/ork 
been performed for such producer.!' 

Twent3--six of one major cod&e, nine of them in F.etail listribu- 
tion, embodied -.orovicioris regarding emr^lovTnent. by more than one em- 
ployer. 'To count ha,s been made of the occxxrrence of this clause in 
the smaller codes. It v/as a relativel^r unimportant clause but the 
clause withou.t the vi'ords, "in the industry;-", raised, for the Compli- 
ance Division, ■:-roblems of interpreta.tion s.s to. whether it covered 
employment by one or more employers in tae industr-'' concerned or in 
any industries. 

Area differentials in hours. - The Fi'Jl set a precedent for ex- 
emption of emgjloyees iii establishments employing not more than tv.'o 
persons in tovrns of less than 2,500 -opula.tion. iTo count has been 
made of the use of this provision in the codes. Area differentials 
were providec". in various general orders. Executive order LTo,6354** 



(*) Codes of Fair Competitioa. vol, I, p. 2. . 
(*°^) Codes of Fair Competition, vol. II, p. 69S, 



9303 



-184r- 

(Octo'^er ^", 19?3) released em;_-loyers in tovtns unc.er 2,500 enga-ed 
onlr loCill • in retail trade or service industries and em-plo/ing not 
more f.ian five rjerGohs,' from com;_:liance v.ith t~A provisions and also 
from o'jlivations not voluntprily assiimed under the provisions of an 
ar/oroved code. Tliis order was modified by Executive Qrcer 6710* 
(Hay 15, 19C4) v.iiicli limited the exemption of Order 6354- to employers 
operatin', not more thp.n three establishments. Toth orders contained a 
statement that: 

"Tliic exemption is intended to relieve smsll "business 
•enterprises in small tovns from fixed obli^-ations 
'.■'hich might impose exceptional hardship; tut all such 
enterprises are expected to conform to the fullest ex- 
tent possilDle with the recuirements which otherwise 
v.'ould he ohligatory upon them." 

Tahle 12 shov/s that 12- major codes had a population or urhan 
differential as to hours of v/orh. For exemple, F.eaJ Estate Brokerage 
exempted from hours limitations emplo '■ees- in estahlishments emplo3'-ing 
not more than two -oersohs in addition to the executive office:; s, lo- 
cated in tovnis of less than 3,500 "ovulation, not a part of a larger 
trade area. The F.etail Lumber and Builders' Sup:lies codes allowed 
unli.Tdted li.ours (with overtime after 4S hours) to em-loyees in small 
estahlislments (2 employees) in towns ofless than 2,500 if two-thirds 
of their Seles vere to persons engaged in a.griculture. The Daily 
i'ewspaper code "prescrihed hours for office anc", clerical and inside 
sales Fnd service employees on a sliding scale: 40 hours in cities 
over 50,000; 44 hours in cities oetween 25,000 ?nd 50,000; 48 hours 
in cities of less tlian 25,000, 

Sex diff erentia.ls in hours .** - I"o count v/as made on sex differ- 
entials in "basic hours. Such a differential was not common, Hov.-ever, 
tahle 12 shov's that it occurred in three major codes: F.estaurant v.'ith 
"basic 54 hours for men, 48 for vromen; Canning***; and Fishery (some 
supplements only). Other codes specified hours for male workers on jobs 
not emplo/iup females, as for instance "male workers on outdoor work 
only" in the Scra-i Iron code. 

Other hours clause s. - Some of the clauses which occurred in- 
frecuently are of interest in showing how the code malcers sought to 
prevent violation of hours provisions. Charcoal and package Fuel, a 
supilement to the "liolesgling code, provided that; 



(*) Codes of Fair Competition, vol, X. p. 952. 
(**) See also sec. I. of this cha-^ter. 
(***) See chapter II, sec. II. 



930:; 



-18[ 



"Employees compensatec'. on a j~iece-Forlc or com- 
mission or an" other Df,sis shall not heaiiployed 
in ezce's's of msiximum hours."* 

The Motor Vehicle Meintenrnce code provided that: 

''IIo employer shall permit ^xiy employee, engpged in ' , 
performing v/orV of more than one- classification to. 
work for any time in excess of the least of the maxi- 
mum momher of hours prescrihed for any such classifi- 
cation. " ■ ' , : , 

V I . SUMHAE7: APFZ.\ISAL OF IiISgSLLA Ic :]OUS .FQIJES FSQViSIO]}TS 

Tiie examples of miscellaneous' hours provisions which have "been 
cited in this chapter show whs.t a mountain of details were included 
in the 13J\. Administrative legislation on hours-. Some of the provisions 
were unimportant; some v/ere very important. Some, like the stretch-out 
clauses, were not self -enforcing and reqtiireda governmental agency to 
implement them. Some were "o"oen clauses" promising action at some fu- 
ture date; m.any such were not followed up cairing the life of the 1-GLA.. 
'Then codes were formulated, information on man, vital' r.oints viras lack- 
ing; the reports called for in the codes would have ma;de pocsihle the 
intelligent adjustmgat of many of these open provisions." 

(*) Codes-'of Fair Competition, vol. ::}! . p. 477: . 



9303 



-186- 
CHAP1?£R IX 

siji'.n.Lmy of hcurs prov-isigiis, 3Y ieduS'Thy groups 

Ihus fax the "hours ceiling" fi.--'=d. "oy the codes h 'S ueen discussed^ 
together with the various throes of devicRs \vhich introduced el-^sticity 
into the raa::irauin hours :-eg-alations - -"hat r-.i^ht he called the "holps in 
the ceiling," Since the detailed discussion has heen hy tyoe of code 
measures, it -rill he -ell to siam/aaric^e it hy the various industry groups, 
bringing together the Various threads of the study as they affected the 
employees -under particular codes, Onl3^ a hrief sunhiary 'rill he attenrpted, 
and the suranary v.'ill he orimarily in terms of e^iployees under codes rather 
than codes uith stated provisions. Since so little is Icnov.-n about the 
number of employees affected "oj occupational e:;ceptions, little reference 
will be made to the excepted occupn.tions. 

The summary following is in terms of the general hours provisions 
for basic em3lo?/-ees and the devices used to provide elasticity above these 
hours, (*) It should be re;nembered that the total eraplojrees xinder codes 
rrere distributed as follOTS according to the length of '^/orking veek for 
b-^sic employees: 

Percent 
Less-than-40-ho\ir --eek 9.7 

40-hour week 57,2 

Iiors-than-40-hour week 33,1 

So s.lso, the proportion of employees in codes "dth the different devices 
for elasticity were as follows: 

Percent 
General overtime provision 18,3 

Averaging provision 27,9 

Emergency-period provision 37,6 

Pealc-period provision 47,8 

Hone of these provisions 19,5 

These figures shotild be kept in mind when statenents are nade in the 
pages following concerning average use, less-than-average use, and raore- 
than-avera^ge use of any of these provisions. 

In terms of the 22 industry groups detailed in apioendix 3, the code 
provisions nay be s-ommarized as follows: 

1. The 575, ("00 employees in the 12 Lletal s codes operated nominally 
under a 40— hour week, However, almost three-quarters of the employees 
in the Ketals codes were covered by the Iron sjad Steel code, a code with 
an averaging provision, an indefinite oeak-period provision and no over- 
time provisions. Another 11 percent were in the Copper code, which had an 
averaging provision. These elasticitios are reflected in the figures for 
the group as a whole. Less than 5 percent of the employees in I'etals codes 
operated under codes which provided general overtime; over four-fifths 
operated onder codes which orovided for 'Doak periods; and 86 percent were 



(*) The siunmar-y is based esoecially on Tabl.-s 5, 7, 3, 12, 15, 19, 25,30. 
9803 



• -18Y- 
affected "by averaging -orovisions. 



2, ■ In the ITon-I.Ie tall i c l.iiner al s codes, T/hich' covered 448,000 
ei;iplo3'-ees, none of the eimoloye'es had a "basic A7eek of more than 40 
liours, cjid three-tenths had less theji 40o The nxLTn"ber of employees 
affected "b-/ averaging -orovisions nans high in this group of industries; 
low in pealr-period provisions; ;ind veil a'.^iove the average in the use of 
gen'eral'' overtime provisions. The group is an interesting one in that 
if includes 53 codes, no one of vhich covered a.s many as 100,000 em- 
ployees, Tlie largest,.. Stru'ctui":?! Clay Products, with 94,000 employees, 
had an aVere,ging provision, an emergency repair period and another' 
emergency period to provide elasticity, ' 

3o In the five Fuel codes ^ two Irxge codes --'ere represented — 
Bituminous Coal v/ith 46£_,000 em-oloyees and Petrole^jun v/ith 959,000 in. 
its three divisions, 'Because of the 35-hour week in Bituminous Coal 
and the average 36-hour T'eek in the P:;.-oduction division of the Petroleum 
code, the majority of eH"oloyees in this grou^? were;, on a less-than-40- 
hour week, Neither Bifrcuninbus^Coal nor the three Petroleum codes had 
either general overtime or per?k-p.eriod provisionso The only other code 
in this group, Liojaified G-as, had too few employees (1,500) to influence 
the group, 

' , 4, In the IV Porest Produ cts codes, 568,000 of the total' 606,000 
employees were covered "by the L'jjnber and Timber Products code, leaving 
less than 7 percent of the employees in the other 16 codes. Except 
for one small 44-hour code, these codes are all nominally 40-hour codes. 
The Lumber and Timber* code was lajgel;?- responsible for the great extent 
to which the pveraging Drovisions a'nd -oealc-Toeriod provisions were utilized 
in this group of industries, and' the slight use of overtime, 

5, In the 53 codes for Chemicals, Drugs and Paints only 228,000 
employees T;ere concerned and 227,000 of these ^'Gve covered lij ba,sic 40- 
hour codes. However, three-fifths of these employees were affected by 
averaging provisions, thaji!<:s ma.inly to the -jresence of such a provision 
in the Chemical Ilanuf acturing code itself, which with its 68,000 em- 
ployees was the largest single eleraent in the group. The groiiij, upon 
the whole, rrji below the average in its use of t"ne general-overtime 
method of elasticity, but very much above the average in- the use jnade of 
peali-period provisions, 

6, In the Paner codes', there wae. a definitely recognizable pat- 
tern which" is not to be explained by the dominan.ce of particular codes, 
although the code for the Paper and Pulp Industry covered 43 percent 
of the 294,000 employees in these 32 codes. It was cooperation among 
the proponents of these related codes which resulted in their simi- 
larity of pattern. The group made consistentl'/ heavy use of both 
avera::ing and general overtime provisions, aiid little use of the pealc— 
period provision. Almost all the envloireeB were in 40-hour codes. 
Small industries which might have been handled in su'-jplementary codes 
in other industry groups '''ere under sepsxate codes in the Paper group, 

7, In the Rubber grouo, there were only four codes, two of which 
9803 



-138- 

conprised 95 percent of the 155,000 employees. The pattern of the 
group accordinglv is to te •3:-ri7lained by the provisions of the Rubber Tire 
Manufacturing Industry v/ith its 75,000 employees and the Rubber Manu- 
facturing Industry '^•ith its 74,000 einploj'-ees. The Rubber Tire code had 
an ?.veraging provision .and a_ general overtine rjrovislon; the Rubber 
Lianufactul-ing code, a, peal-::-i:)eriod provision. Due to the average 36- 
hour \7eelc in Rubber Tire Manufacturing, the enployees in this grou^T 
rare divided almost eoually between the 40-hour and the less-than-40- 
hour veek, 

8, In the 93 llcu ipi rient and Machinery codes there -vere 1,684,000 
employees. Five codes — the Automobile code with 447,000 em-oloyees. 
Automotive Parts w-ith 79,000 em-oloj^ees. Electrical Manufacturing with 
329,000 em:nloyees. Machinery and Allied Products with 94,000, and Ship- 
building rith 55,000 — set the main pattern for this group of industries, 
Talcen ?.s a whole, 40 percent of the em-oloyees in this group operated 
under codes in which there was an averaging provision; over 50 percent 
under codes which provided peak -iieriods; and less than 10 percent operated 
under codes which provided for. general overtime. Automobiles and Auto- 
motive P-.'Tts '■■'ere on the averaging provisions list; Electrical Lianu- 
factUring and Machinery ajid Allied Products, on the pealc period list; and 
Shipbuilding, on the general overtime list. Over one-auarter of the 
employees were .technically under a less-thaji-40-hour code, -The -92 codes 
in this group had 63 sur/oloments, but these sti.-oplementn introduced few 
new labor provisions, 

9,- In the 48 Pood code's -.-ith their total of 1,146,000 em-oloyees, 
it is noticeable that more than one-third of the em^nloyees were on a 
more— than-40-hoUr week; there wa'.^ relatively little provision for gen- 
eral overtime; average use was made of "oealc periods; and a more-than- 
average use was made of the a.ve:.-.c.ging provision. Two codes — the Fishery 
code (peak ;oeriod and average) ;and the Balcery code (emergency repair 
period and many excepted occupations) — covered about one- third of the 
employees i-n the whole groi^p sjad thiis went far to account for its pat- 
terns. Other large Food co6.es which influenced the entries are Ice 
(averaging provision); Canning (other emergency); Bottled Soft Drinlc 
(peak -oeriod); Grain Exch.njiges (general overtime and averaging); .•^nd 
CigaT MoJiufacturing (onlj?- and emergency repair -oeriod), 

10, In the 40 Textile Fabric s codes, there was a definite pattern, (l) 
all the codes ^Vere on the 40-hour basis; . (2) little use was made of the 
averaging device; (?) the coc es r^ere sparing in the .matter of both 
general overtime and "oeak-period orovisions; and (4) there were many ex— 
ce-oted occupations, Tlireo Textile Fabrics codes (Cotton, Ifool, and -Silk) 
covered almost three-fourths of the 1,025,000 emploj^-ees of the group. Hone 
of there had any of the ela'^ticities under discussion here. As a matter of 
fact, these codes — -oarticularly the Cotton Textile code- — had elasticity 
under rather thfin over banic hours tiiro-agh "oeriods of ctirtailment, (*) 



11, The 45 Textile A;parel cocTec had .v-enerally "tight" hours pro- 



(*) Sre Chapter II, Section V 
9803 



-189- 

visions. Prevailingly, the enployeps Trere under codes of less than 40 
hoiirs per reek; there were only tvro codes ^•.'ith averaging nrovisions and 
in each'of these the averaging r-s occasioned by a -oealc period a-bsorhed 
in the average; general overtime provisions were absent; only a quarter 
of the employees operated unler codes "sfnich permitted peals: periods. Six 
codes (Cottom Garnent, Men's Clothing, Hosiery, Dress, Infants' and 
Children's Wear, and UndenTOra' and Allied Products) accounted for well 
over two-thirds of the 996,001.) emroloyees of the group. Dress manufac- 
turing had a peak period; none of. the other najor codes in this group 
.appeared on any of the lists of codes having elasticity devices. Ten 
codes in this group hp.d no e-vceofed periods whatever. 

12, The 11 Leather and ?ur coc-'es, covering 509,000 employees, were 
dominated by the code for the Boot mo. Shoe Industry (peak period and 
emergency rieriod) which covered tv:o-Ghirds of the employees of the group, 
ajid the Leather code with 52,0'^0 e-ioloyees (.general overtime, averaging, 
and emergency period). Altogether the group made less-thaji-a.,verage use 
of averaging provisions, average use of general, overtime provisions, and 
more-tlaan-ave-rage use of peal: and of emergency periods. The Fur Trapping 
Contractors code, with 1,000 ern'oloyeesj carried no provisions limiting 
iaa:Kimum hours. It is the only code in the group without a basic week of 
40 hours or lesso ' 

13, Of a total of a Piillion 3.nd a quarter employees in the 82 
Fabricating codes, one-third ^•e.rp covered by the Fabricated Lletal Products 
code and 'its 62 supplements; Furniture lianufacturing accounted for 15 
percent, and Gray Iron .-Foundry and Steel Castings together accounted for 
another 10 percent. The Fsl3r-ica.te4 I.leta,ls Products code had both general 
overtime and peal-r period previsions;; the Frirnitufe code, overtime and 
averaging provisions; Gray Iron Foundry had a peak period provision; 

and Steel Castings, an averaging provision. In. the group as a whole, 
30.8 percent of the employees ' operated under codes which ha,d an averaging 
provision; nearly three-fifths were covered oy codes with general over- 
time provisions; and not far from seven-tenths were under codes which had 
some type of peal;-period provisions. The overwhelming mass of the em- 
ployees were in 40-hour codes, with only 5,0^0 in less-than-40-hour codes 
gjid 2,000 in raore-than-40-hour codes. 

14, In the Graphic Arts group with a tota^l of 375,000 employees, 
over 60 percent were under some division of the Graphic Arts code, with 
an additional 28 percent under the Daily Newspaper Publishing code. Four 
other codes together had only 37,000 em.ployeeso The group had two-thirds 
of its employees covered by both general overtime .and averaging provisions. 
Less than five percent of the eraployees were covered ''oj pealc-period pro- 
visions, but 95 percent were in codes with emergency period provisions. 
All but three -percent of the emploj'^ees were in 40-hour-week codes, and 
those were less-than-40 hours. 

15, In the 10 codes comprising the Co nstruction group, 2,400,000 (*) 
of the total of 2,565,000 emplojrees ^-ere covered by the general Con- 
struction code and its 23, supplements, the largest niuiber covered by a,ny 
one of the totaJ. 578 codes, Thi,s code corapletely dominated the group; 

so the sitimtion is auite simule, A3.1 Construction codes OToerated on a 



(*) Continued unemployment in Construction industries kept the number 
actu3,lly covered ''oy the code far below the 1923 figures. 



-190" 

40-hour "basic veek, ana the oasic '-'eek r-a the effective week, (■•() Only 1 per- 
cent of the em-oloj-ees in these 10 coder, rrere sulDJect to sxi r.veraging pro- 
vision, 0,3 percent to a general overtine -orovision, and 0,1 percent to peak--_ 
period ;;-rovisions, 

16, In the 13 Trans'oo rtatio n and Cormnanication codes, Trucking with 
1,200,000 eEiployeds, Transit vith .'564jOOU~Household Goods Storage and 
lioving with 120,000 rJid liotor Bus with 85,000, coraorise 95 percent of the 
1,751,000 employees in the group, Ovei- nine-tenths of the total employees 
vrere under codes which contained an 3VQra-,'ing provision; more than three- 
fourths, under codes with gener-il overtirae provisions; and eight-tenths, 
under codes with peak-period provisions. Furtherinore, practically all 
(all hut 17,000) of the en;nloj-ees in this group vrere under codes with a 
basic week longer than 40 hours, 

17, In the five Finance codes, there was a total of 374,000 em- 
ployees of v/hom oOOjOOO '"'ere in the Banlcers code, iU.1 the enployees in 
this group were under codes which contained an o.veraging provision, in 

no case extending for less than 13 weeks. Then too, almost seven-eights ' 
of the employees ^^ere in codes with some tyi^e of peak period and emer- 
gencry period provision. Only one-ei/^ht of the employees were covered by 
codes with general overtime provisions. About seven-eights were on a 
nominal 40-hour vreelz with the rest on a more-than-40~hour week, 

18, Three-fifths of the 459,000 era-oloyees in the five Recreation 
codes Mere in the Iiotion Picture code and more than one-third in' the 
Bowling and Billiard Operating Trade, code. The other three codes v- y 
covered only 20,000 employees. Tv.'O-thirds of the employees in this 
group were on a 40-hour \'eek; one- third (Bowling and Billiards code) on. 
more th-.m a 40-hour week. These codes made no use of general overtime,^ 
practiciillv no use of averaging and peak-oeriod provisions but, much more \ 
than average use of emergency provisions. 

19, In the 1 2 Service Tr ade codes, there were 854,000 employees. 

Six codes— Berber Shop Trade (200,000 en-^lbyees) , Laundry Trade (233,000) ^ 
Cleaning and Dyeing Trade (lI0,000), Advertising Distributing Trade 
(100,000), neai Ectate Brokerage (70,000), and Photographic Manufacturing 
(55,000) — accounted for almost 90 percent of the em;iloyees of the group. 
More than one-fourth had a basic week of more thaji 40 hours and none had 
less than 40o In these codes little use r^n.c-, made of general overtime 
provisions, but almost one-quarter of the emi^loyees concerned ^ ere imder 
codes which provided for averaging and almost one-half ^^ere under codes 
with 'oealc-ieriod. provisions, 

20, In the 24 V Jholesale Distributing c o des, about 66 riercent of the_ 
1,127,000 era-oloyees i-'ere covered hy three codes: The Wliolesale code 

(460,000 emi-)loyees); Scrap Iron code (130,000 em:lo:/ees) ; and the' Wholesale 
Food and Grocery code (113,000 emjloyees). Other large codes were Wholesale 
Fresh Fruit and 'Vegetable with 93,000 employees and Alcoholic Beverage 
Wholesaling with 60,000, Considering the group as a whole, the 40-hour week 
was the prevailing week, althoiigh 335,000 employees had a ba.sic week of 
more than 40 hours and some 15,000 employees, a less-than -40-hour week. C..jl„ 



*ExceT)t Building Granite, a Supplement to the general Conr,truction code 
with a 48-hour mcximTom week, avcra^;jed to 40 hours over 13 reeks, 

9803 



-191- 

Only 3 percent of the employees were affected ty averaging provisions; 
.about one-third (less thpn the .average), by pealc-ioeriod provisions; and 
almost one-hc'lf, by general ovcrtino provisions, 

2Io. In the 23 Retail Distribu tingcodes there T.7cre 4,779,000 
employees, far the largest nanber o:' envloyees in anjr group,' The codes 
T7ith more th?n 10(5,_,000 eviployees each "ere the following: The Retail 
code v;ith 1,843,000 employees-^ — the second largest number covered by any 
onecode; -the ReEtaiir.ant code -VTith 609 ,,000; Retail Food and Grocery ^rrith 
440,000 employees; iviotor Vehicle Retrdling vdth 350,000 en;oloyees; Retail 
Solid Fuel irith 346,000 em-oloyees; Hotel with 291^000; Retail Liomber with 
186,000; Motor Vehicle Storage vdth 130,000; Retail Meat T7itha23,000; 
Motor Vehicle Ilaintenance with liSjOOO; and Builders' Supplies with 
100,000, Only 5 percent of -the esi-".loy®es were in-the remaining 12 codes. 
An overwhelming proportion of the enloyees>in the group (85,2 percent) 
were under codes which i^rovided for more than a 40-hour basic week,* 
Retail Solid Fuel had both general overtime and. peal'C period provisions; 
the Retail-Trade. Retail Food and Groceryj Retail l''ieat, lEotel and Re s- 
ta-araiit codes had Toeal-c period .provisions » The other five large, Retail 
codes had none of these "orovisionso Very few of t^he em;oloyees were sf'"- . 
fected by averaging provisions an.d less than 10 percent-were under codes 
with general overtime provisions, Jilmost four-fifths were affected by 
pe8l':-period provisions; however, the peaiv periods of these codes were . 
among the shortest in all the codes » 

22, The seven Territor ial cocoes covered only 0,5 percent of the 
totel employees under codes (124,000), Eeedlework in Puerto Rico — a 
40-hour code with an estimated 100^000 employees-^ -represented 80 percent 
of the em-oloyees in this group; the other six Territorial codes were 
mere — thaji 40-hour codes. The group had less than 1 percent of its em- 
plo3-ees in codes with averaging provisions, 3o2 percent with general 
overtime provisions, 3n.d 92,7 -percent (including the major lleedlework in 
Puerto Rico code) with peak-period pi"ovisions. 



(*) Eiis is' in part the result of a somewhat arbitrary classification, since 
Z codes, among them the general Retail code, prescribed hours of 40 to 
48 depending on the hoxirs the store elected to remain open. 



-192- 



A?P£1."DIX I 

TEXT OF TEE PliESIDElIT 'S 3JiJi:i.iPL0Yi.:£NT AGJlEa.iELIT CUPISD 
FEU,; imi. BULLET III JIO. 3, JULY 20, 19 Z 3 

During the period of the President's energencj'- reenolojrment drive, 
that is to say, from Au-just 1 to Decenter 31, 1335, or to any e'^.rlier 
date of ai:)proval of a code of fair competition to rrhich he is satject, 
the undersigned hereby agrees -ith the President a.s follcrs: 

(1) After August 31, 1933, not to employ any person under 16 years 
of age, except that persons bet-een 14 and 16 may be' employed (but not in 
manuf pcturing or mechanical industries) for not to "xceed 3 hours per day 
and those hours between 7 a.m. paid 7 p.m». in such work as will not interfere 
with hours of day school, 

(2) ilot to '.'ork any '^.ccounting, clerical banking, office sprvice, 

or sales emploj'-ees (except outside salesmen) in anxj store, office, depart- 
ment, establishment, or public utility, or on any automotive or horse-drawn ^^ 
passenger, express, delivp;.-^, cr freight service, or on any other place or ' 
manner, for more than 40 hours in any 1 Treek a,nd not to reduce the hours 
of any store or service operation to below 52 hours in any 1 week, unless 
such hours were less than 52 hours per week before July 1, 1933, and in 
the latter case not to reduce siich hours at all, 

(3) ITot to e.'iploy any f'Actorj'- or nechanicaJ. worker or artisan more 
than a maximum week of 35 hours until December 31, 1933, but with the right 
to work a naximum week of 40 hours for anj 6 weeks within this period; 

and not to employ any worker -'ore than 8 hours in any 1 day, 

(4) The ma::iaim hours fixed in the foregoing paragraphs (2) and (3) 
shall not apply to employees in establishments eraploying not more than two 
persons in towns of less than 2,500 population which to\7ns a.re not part 

of a larger trade area; nor to registered pharmacists or other professional 
persons emploj^ed in their profession; nor to employees in a managerial or 
executive capacity, v/ho now recieve more than $35 per week, nor to employees/ 
on emergency maintenance and repair ^7ork; nor to very special cases where 
restrictions of hours of highly skilled workers on continuous processes 
would 'unavoidably reduce production but, in any such specisd case, at 
least time and one third shall be paid for hours worked in excess of the 
maximum, Popula.tion for the purposes of this agreement shall be deter- 
mined by reference to the 1930 Federal census, 

(5) Not to pay any of the cla.sses of employees mentioned in paragraph 
(2) less than $15 per week in any citjr of over 500,000 population, or in 
th-" immediate trade area of such city; nor less than $14,50 per -.Teek in 
any city of between 250,000 and 500,000 population, or in the immediate 
trade r^rea of such city; nor less than $14 per vreek in any city of between 
2,500 and 250,000 population, or in the immediate trade area of such city; 
and in towns of less than 2500 population to increase all wages by not less 
than 20 percent, provided that this shall not require wa.ges in excess of 
$12 per week. 



9803 



. -15;.^- 

. . , (6) Not to pay any enployee of the clnsses mentioned in paragraph 
(3) less than 40 cents per hour.unleer, the hourly fate for* the same 
class of ':;'-or]- on July 15, 1929- was less than 40 cents pei* hout, in v;hich 
latter case not to -Ta.y less than the hourly rate on July ]5, 19:^9,. and in 
no event less than.oO cents -oer hour. It is agreed that this paragraph 
establishes a, guaranteed nininvun rate of pa;?" regardless of whether the 
employee is compensated on the basis of a time rate or on a piecework 
perforaazLceo 

(7) Hot to reduce the compensation for employment now in excess of 
the minimuxi vages herehy rgreed to (notwithstanding that the hours ^vorked 
in such cnployiTi'^'nt na.y he herehy reduced) ano. to increase the pay for 
such employment "by an eruitable rread.justr^ei.t of all pay rchedules, 

(8) Hot to use any subterfuge to frustrate the spirit and intent 
of this Bt^reemeJit T/hich is, aiiong other tilings, to increase emplo'naient 

by a universal covenant, to remove obstructions to commerce, and 'to short- 
en hours and to raise A^agos for the shorter v/eek to a living basis. 

(9) Not to increase the price of any merchandise sold after the date 
hereof over tiie price on Jvlj 1, 1933., by more than is mace- necessary by 
actual increases in production, replacement ^ or invoice costs of merchan- 
dise, or "by taxes or other costs resulting from action talcen pursuant , 
to the Agricultural Adjustment Act, since Julyl , 1933, and, in setting; 
such price increases, to give full weight to probable increases in sales 
volume pjid to refrain from talcing profiteering advantage of the consum- 
ing pu-bl'ic, ■■ . • 

(10) To siipport and ;oatronise establishnients which a,lso have signed 
this agreement and are listed as members of N.RjA. (National Eecorery 
Administration), 

(11) To cooperate to the fullest extent in having a code of fair 
competition submitted by his industry at the earliest possible date, and 
in any event before September 1, 1933, 

(12) T/here, before June I65 1933, the undersigned had contracted 
to purchase goods at a ilxeo. price for deliver",'" during the period of 
this agreement, the unc.ersir;uGd will make an appropriate adjustment of 

said fixed price to meet any increase in cost caused by the seller hav- 
ing signed this President's Seemploz/Tient ,-igreement or having become bound 
by any code of fair competition approved 'aj the President, 

(13) This agreement shall cease u-oon approval by the president of a 
code to which the un.dersigner' -i s subject; or, if the N, E, A, so elects 
■upon cr.bniGsion cf a code to ■..'..■.ich t.i.e "■ndersi ::n'=d is s-.^bj-ct and ^fubsti- 

tution of anj;- of its provisions for sxij of tue terms of this agreement, 

(14) It is agreed that any person who wishes to do his part in the 
President's reem-oloyment drive by signing this agreement, but vfho as- 
serts that some particular provision hereof, because of peculiar cir- 
cumstances, will create grer.t ajid unavoidable hardship,, may obtain the 
benefits hereof bv signing this agreement and putting it into effect and 
th.en, in a petition approved by a representative trade association of 
his- industr^^j or other reDresenta„tive orgrnization designated by NnS,A,» 
may apply for a stay of such provision "o ending a summary investigation 
by N,P,Ao, if he agrees in such a-pplication to abide by the decision of 
such investigation. This a^;reement is entered into pursuant to section 

9803 



-1S2- 



-19 '4^ 



4(a) of the national Industrial Recover-"- Act anc. sulDJect to all -the terms 
and conditions required "b" sections 7 (a) and 10 ("b) of that act. 



APPiI~DIX II 

Work materials Ijo. IS, "Classification of approved Codes in Industry 
Groups" nay "be regarded as ijDpendix II, 

■The follovring corrections are to "be nade in -^jorlc naterials 1-To. 13: 

(I'Tujn'ber of Em.-ploj'-pes in Thousands) 
Page 2, Total Employees 22,554,0 

Employees under Recreation Codes 485,5 

Page 3, Total Employees 22,554,0 / 

Page 4, Earthenware Uan-iifact-oring 3,3 

Fihre WaJ-l Boa.rd .9 

Pa.ge 15, Total under Recreation Codes 458,5 

Motion Picture Laooratory 3,5 



"195- 

■ ■ ■■ . , .CHAPTER X 

. .,-- MSIC WACrE FROVISIOl^'S 

Before tlRA, miniimam '.Tages in American industry'- were established ty 
(L) protective legislation in some rotates and (2) iinion agreements in 
some industries. . The enrohasis in early minimum v/age lairs was on a mini- 
mum u&ge equal to the cost of living. After some of the early laws v/ere 
declared unconstitutional, tne emphasis was changed to a "wage fairly and 
reasonably commensurate v.'ith the valtie of the services rendered." The 
minimum wage of union agreements v'as a rate — or schedule of rates — 
agreed upon "by some union and employer or groxip of employers for certain 
specified occupations — with sometimes a suhminiraum v/age for apprentices. 

. The iJSA minimum wa;:* was like Neither of thes-e. Some codes included 
minimum rates for women and minors, - the groups particularly affected hy 
the protective legislation hut these were usually subrainimumi rates. Some 
few codes included minimum wage rates for the skilled groups typically 
covered "by union agreements hut these were usually "wages in the higher 
"brackets" in codes with some general minimum. The ERA minimum wage was 
typically something hetveen these two — * a minimum wage for unskilled male 
production workers. This resulted from the Ifflil purpose, to increase pur- 
chasing power over as wide a case as possible. 

This chapter examines briefly the statements of the Administration 
concerning the' KHA wage provisions, summarizes the minimum wages set by 
the codes, and outlines in general the methods used to provide elasticity 
in wages, leaving to later chapters the. detailed discussion of differentials, 
su'bminimum T/ages, wa.ges above the minimum, and miscells,neous wage provis- 
ions. 

- ^ I. PURCHASING- P0WB5, TSB PURPOSE OF IIRA MIHIIvIUl'/i T7AG3S 

Tlie i'lIRA mentioned minimum v/ages.in' Section 7a: "That employers 
shall comply with -the maximum hours of la"bor, minimum rates of pay, and 
other conditions of employment, approved or prescribed by the President." 
MA Bulletin IJo. 1, issued by the President of the "United States the day 
the .Act was signed, discussed "living" iTages and the "purchasing power 
theory" of imA: .''•••, 

"So biisiness which depends for existence on paying less than living 
wages to its workers has any right to continue in this- countr;^. 
by 'business' I mean the whole of commerce as well as the shole 
of industry; by worlsers I mean ^11 workers — the white-collar 
class as well as the men in ov^^ralls; and by living wages I mean 
more than a bare subsistence level - I mean the wages of decent 
living. 

"Tliroughout industry, the change from starvation wages and starvation 
employment to living wages and sustained ertployment can, in large 
part, be made by an industrial covenant to which all employers shall 
subscribe. It is greatly to their interest to do this because decent 
living, widely .spread among our 125,000,000 people, eventuallj'' means 
the opening up to industiy of the richest market which the world has 



9803 



-195- 

knomi. It is the only way to utilize the so-called excess capacity 
of our industrial plants. This is the principle that makes this 
one of the most important laws that ever came from Congress he- 
cause, hefore the passage of this act, no such industrial covenant 
was possible. , . 

"I am fully aware that wage increa.ses i^ill eventually raise costs, 
hut I ask that managements give first consideration to the im- 
provement of 0TDera,ting figures hy greatly increased sales to he 
expected from the rising piirchasing power of the puhlic. That is 
good economics and good business. The aim of this whole effort 
is to restore our rich domestic market hy raising its vast consum- 
ing capacity. If we now inflate prices as fast ajid as far as we 
increase wages, the whole project will he set at naught, '^e can- 
not hope for the full effect of this plan unless, in these first 
critical months, and even at the expense of full initial profits, 
we defer price increases as long as possible. If we can thus 
start a strong sound unward spiral of business activity our indus- 
tries will have little doubt of black-ink operations in the last 
quarter of this year. The pent-up demand of this people is very 
great and if we can release it on so broad a front, we need not 
fear a lagging recovery." (*) 

Later statements defined purchasing power in terms of the 1929 
wages in each industry - not money wage but "real" wage. This is, of 
course, comparable to the 1929 employment levels aimed at in the reduc- 
tion of hours. The first statement was in the Administrator's "Siommary 
of Conclusions on the Evidence" concerning the Cotton Textile code. In 
four pages on wages, the most significant statements are: (italics are 
the Administrator's) 

"In attempting to aid in working out a proper minimum wage, this 
Administration sought to do something more than strive for a com- 
promise between opposing claims. The guiding thought was to ef- 
fectuate the policy laid down in the President's statement upon 
signing the National Recovery Act, to-witJ 'The idea is simply 
for employers to hire more men to do the existing work and at the 
same time pay a living wage for the shorter week. ' This policy 
sets as an objective and as a norm for the emergency at any rate 
the restoration of the purchasing power which the worker in the 
industry had prior to the depression. Now, in 1929, the average 
unskilled weekly wage in the North was $17.60 ($19,47 for male 
workers and $15.75 for female workers),... 

To lift up and -provide adequate purcha.sing power, we should adjust 
r<al" wafes to the moving trend of prices and living costs, else 
we shall be no more effective than trying to catch a train moving 
out of the station by aiming for where the back platform was when 



(*) Federal Trade and Industry Service, paragraph 1108, 



9803 



the train was standinA' still,** Tlijs fe;ives the fi^rure of $13.21 as the 
reg-gisite average v/eelcl;- wa"es for xmskilleci. male and female workers in 
ITorthern mills to produce nov ^n a forty-hour v/eek the purchasin,?: power 
which they had on a forty-eight-hoxtr v/eek in 1929. . . . 

"Our studies show, however, that any lar.^cer wage increase wOuld re- 
quire such a mark-up as ir.i.vht impair consumption and so react un- 
favorahly on the President's whole reemployment policy. There is 
such a thing as takin?;; too hig a hite. Tiiis was an industry of low 
wages. We are increasing for certain mills unskilled rates enorm- 
ously p.nd total wa,:ie pay:nents "oir about 30 per cent and lowering 
hours over 25 per cent. It is about the limit of present practic- 
ahility. TiiThile it is not enough to produce the general effect at 
wi^ich we are aiming, as a practical matter, it should "be accepted 
for the present. As general pui'chasing power increases and as the 
industry gets the benefits which it should reap from the wise self- 
governnient authorized under the code, further adjustments can "be 



maae 



II 



(*) 



Another significant statement appeared in the report of the Assist- 
ant Administrator to the Administrator concerning Cod.e ¥.o . 9, for the 
Lumber and Timber Products Industry. 

"There is imperative need that p^urchasing pOY^rer derived from the 
lumber industry be increased, and this can be accomplished if the 
industry is enabled, to pay and does pay higher wages. Although the 
v.'age schedules proposed by the southern industry represent an im- 
portant ad.vance over those at present in force, somewhat further 
advances are believed to be justified. After careful consideration 
of the evidence presented in the 'hearing, as well as that prepared 
by the Division of Planning aiid Research of the National Recovery 
Administretion, it v;as concluded that wage rates at least equal 
to those paid in 1929 were desii'able and possible, provided that 
1929 rates equaled or exceeded 30^^ per hour. However, a large 
number of employees in the liimber and timher products industry, 
probably amo-onting to 80 per cent of the total, received less than 
30^ per hour in 1929. 

"Ho group of laborers in logging camps or mills were represented as 
having received less than 20^ an hour in 1929, and it is recomend.ed 
that groups which received, this inadequate wage should have such 
rate increased by 15 per cent with increases on a uniformly dimin- 
ishing scale for each cent per hour betv^een 20 and 30 which was 
received in 1929 "oir any wage group. Application of this formula 
would establish minimum wages in the lumber industry as 23^ per 
hour, and this would be the equivalent of 34.7^ per hour in May 1933, 

(*) Codes of Pair Competition, Vol. I, pp. 9-12. 



9803 



on the "or.sis of 1929 ;?rices or SS""; ")er cent in e icess of the 
'-eighted averr;";e of ^ocs'^. "Jo.id to e}:nlo,yees clrssified ^s 
Icliorers in southorn srr.i.Tills i:\ 192B,; detailed str.tistics for 
1929 being ■■anav.'^.il-'bln. 

"On the oasis of incroraod labor cost for throe irT^ortant soft- 
r/ood regions, ^urcho.sin:; oo\;er "111 inraedie.tel^' be increr.sed 
$32,500,000 )er r;i:iira, •nas-ainin'.: Imiber oroduction onlj'- at the 
1932 volune. 

"Sone 85 ^^er cent of all eiT>lo>'ees in the Limber pnd Tinber 
Products indristriea rrHl "oe directly affected and benefited by 
the recor.r.iended nininim i.'a;?;e r'ltes, in addition to the 114,500 
T7ho, it is ho;)ed, ^:'ill be added to the ■:)oy rolls." (*) 

Si'iiilarly, the report of the Adriinistrator on Code ITo. 42, 
Luggage and ?ancy Leather Goods IndMstrj'-, st-^.tel: 

"The nage provisions of the code -jill iininediately raise the 
'.-.T'^es an averr;;e of 35 -^ler cent for practically 90 per cent of 
the uaskilled labor in the industry. This T.dll brin{;i' the lain- 
iraum 'Tpge levels above those received bv 75 per cent of the 
uns]-illed '-orkers in 1929. It cm be loresuraed that the exist- 
ing differentipds bet-reen skilled rnd unskilled Irbor •jill be 
maintained under the infln.ence of hif^her rates for unskillod 
T,'orkers and the reauire lents in the code that -jD'r -Till be at 
least equp.l to that prior to the approval of the code. ITinetj'' 
per cent of the ra^jre earners of this industry are in the ITorth 
end 10 oer cent in the South, of ■■hich anoroxinately 3-1- per cent 
are raple and 16 per cent feuale. Based on the foregoin;'"' distri- 
bution of TTorkers, the -Teighted average ninirauij 'rage for the 
country -ill be 34.4>;5 an hour, raid the 8 per cent geogra.r)hical 
differential is r-ell belor; the existing spread in the rtxtes for 
unskilled Ijibor in the industry." (**) 



(*) Codes of Pair Cornotition, Vol. I, -o. 104-105. 
(**) Codes of Pair Com- 'otition. Vol, I, ;->. 521. 



9803 



-199" 

II. THE CODS ^.7AC-3 STRUCTU5E 

Each code contained at le-.gt one minimiUM iTage i^^rovisions. In 
some codes the viage provisions ^-'ere very short md simple — such 
as i'lrt Heedle'-'ork:- 

"ilo employee shall he pr.id. less thej^ the i-ate of $13.00 
per week of, 40 ho-urs." (*) 

In other codes the iTage provisions covered several pages: The follorr- 
ing types of provisions trere frequently included: 

(1) I.IiniHuiri vage rates for h8,sic male eraiDloyees; these are 
discussed further in this chanter; the differentials in 
these nages care sjiajysed fiirther in the next chej^ter. 

(2) IIininui.1 r/age rates for office and clerical ^^orkers; these 
are cJialyzed in Chapter XIII. 

(3) /iinimurn vage rc?tes for other special groups such as sales- 
men and wa.tchnen; these "Iso are analyzed in Chapter XIII. 

(4) Sxihminium rates for fenale workers, learners and a'o pren- 
tices, junior enriloyees, raid miscellaneous groups; these 
a.re explored later in this chapter pnd analyzed in 

■ Chapter XII. 

(5) TTage schedules or "oasing loints for ^.Tages ahove the mini- 
mum; these are discussed along Trith the more general "orovi- 
sions for v.'a7es ahove the ninimuti in Chapter XIV. 

(6) liiscellaneous xrage provisions (clauses); these are dis- 
cussed in Chaoter XV. 



(*) There vrere three other v/age clauses: (l) the minimum was to hold 
rega,rdless of method of pajment ; (2) maintenance of wages ahove 
the minimum, and (0) female equslity. 



980C 



-200- 



■All e:qi.ipls op .; coi.iPLic-gjj liiiiiiii;: \uj}i. phovisiou.- 



The miniuiun "Of^'e ;orovision of soiiie codes vr.s r. vevf comlicated 
-Drovision. The Lumber code hcid a dual Drovision - first 



"Sxi-bject to the foregoiiif^ provisions, the raininiiii -jages rrhich 
shr.ll be paid by persons under the jurisdiction of this Code 
shall not be less than 40^5 peir ho.ur, u;iless in any Division 
or Subdivision of the ind.ustries the prevailing hourly rate 
for the seine class of employees on July 15, 1929, as deter- 
mined by the Adiainistrator oia statistical evidence, ^^.s 
less than 40rf i^^^^O'^^* i^ Tihich case the rate shall not be 
less than said prevailin.3 hourly rate 30 determined, plus 15 
per cent if said hourly rate on July 15, 1929, ^Tas less than 
30rf per hour, orovided, however, thot for \iDges per hour be- 
tween 20c5 ,?,:id 29^*, inclusive, on July 15, 1929, with wag-es of 
less th?n 20r^ per hour on that date being considered as 20(^, 
the percentage of increrse shnll diminish l;/ -per cent for each 
cent that wages per hoUr e::ceeded 20f^: , in a.ccordance with the 
following schedule: 

Increase TTages per 

TTages per under Ploixr londer 

Hour July Proposed Proposed 

15.1929 Schedule Schedule 

(Cents) : ■ 

20 

■. 21 
22 
23 
24 
25 , 
26 
27 
28 
29 
.30 



(percent) 


(Cents) 


15 


23 


13}- 


24 


12 


24.5 


10-^- 


25,5 


9 


26 


7i 


. 27 


6 


27.5 


4^ 


28 


■ 3 


29 


1} 


29,5 





30 



^ . Then followed a Schedule of rates for varticular divisions of the in- 
dustry'', occupying more than t'.;o no^es. These were added to in various- 
amendments of the code. Table 47 summarises this provision by division, 
subdivision and region. 

The Optical Manufacturing Code was unique in providing:, thrse 
different wage rates nnplics.ble to specified percentr^ges of the eEr^lojrees 
of anj employer: 



9803 



"(a) A minimum of 40^:^ per lioux sliall "be paid to not less 
tlian 75 per cent of tne totr.l n-urnLer of the employees of 
such em^jloyer. 

"(-"b) A minimum of 33"j-!? per hour sliall be paid to not more 
tha.n 20 per cent of the toto.l number of such employees,. 

"(c) A mininua of not less than 25i per hour shall he 
paid to not more tlxia five per cent of the total number 
of such employees, ^he latter eiTriloyees sliall include 
only learners for a period not to exceed six weeks; and 
errand boys and errand girls." 

The third pa,ra£:raph is a conventionLvl-provision but the intermediate 
rate is .unusxial. ^It should be clear that the Z^J.^'-(^ rate could be paid 
to fema,le workers, old and h^andicap'oed i.7orl;ers, "Jegro vrarkers, learners 
after six weeks or beyond the 5 per cent limit, or any other sub-minim-um 
groups in the iDarticular establislTment, 



. . -202- 
TABLE 47 



I'inimun v/ages in the Liim'ber and Tiniter Products Code; 
an example of a complicated schedule. 



Rate 



uivision 



50^- 


Woodv/ork 


45f? 


Hardv/ood 




West Coast 




Woodworli 


42-?5^ 


Hardwood 




West Coa.st 




Western Fine 




Pole i Filing 




Red Cedar Shingle 




Veneer & Plywood 



40^- 



35^ 



West Coast (Factories) 



Western Pine 

Crossarms 

Red Cedar Shingle 

Woodworfe 

Wooden Package 



Hardwood 

Redwood 

Pole C: Piling 

Veneer £; Ply^/ood 

Woodv/ork 

Wooden Package 



Subdivision 



Region 



Sp e c i al Tf o o dwo rl- 



■lew York & Chicago 



Forth of 35- 



■Pliilippine Hahcgany 
California Vater 

Distrihutors 
Wholesale Distrihutors " IT.Y.C. & Chica,go 



...anogany 

Walnut 

Logging & LuTiher Kfg. 

Logging and Mills 

Western States 

Plywood 

Commercial Veneer 
Face Veneer 

Intercoa.stal 

Distributors 
California Water 

Distributors 
Douglas Fir plywood 
Douglas Fir Door 
Factories 
Western States 
Stained Shingle 
Special Woodv.'ork 
Sawed 3ox, Shook, 

Crate & Tray 



Pacific Veneer Contai 
Wooden Pail '<'■■ 'Tuh 
2 room €: Hop Handles 
(Factories) 



".".I.e. & Chicago 
N.Y.C. & Chicago 



!T.Y. c": Chicago 
J.Y. d CMcago 
y.Y. & Chicago 



irO 



South of 35 parallel 



Area 3 

Hast of Ohio, except E 
Inland Slmpire Area a/ 
Pacific lioodan. Bck Area^' 
Pacific IT.W, Wooden Box 
Area cj 
ner Calif . .Oregon, Wash., ^ 
Western Area d/ 
Western Pine ej 
West Coast Lumher & 
Logging 



r.^anogany 
Walnut 

Fee dwo od 
Face Veneer 
Wiiolesale Distributors 
Sav;ed Box, Shoo]:, Crate 

ci Tray 
Pacific Veneer Con^- 

tiiner (female) 



northern Cities 
Z'orthern Cities 

Certain Coimties in Ca]» 
Hortliern Cities 
E. of Ohio except NYC ■), 
Ilet. II.Y.C. 

Calif . .Oregon, 
War.liington 



-203- 



Rate 



Uivision 



Subdivision 



Region 



33-k 



32^^ 



30^ 



3?-^ 



Uortnern Pine 
a^Western pine 



Pole & Piling 
Crcssanas 
Hardwood Diinension 



Woodwork 



Wooden Paclcage 



iicfrdwood 



;ioriiitsm„Heml o clc 
Uortneastern Soft-,TOod 
Maple flooring 
Specialty Wood 



flooring 



H'.rdwood Dimension 
Veneer & Plywood 



Woodwork 



Wooden Package 



Mills & Po-ctories 
ivlillc & Factories 



Area 3 

Wholesale Distributors 
Sp e c ;l al 'Jo o dwo rk 
Broom & I.'op Handle 



I\rortliern Hardv/ood 
(Hills & Factories ) 
ilortla Central Hardwood 
(Hills, factories &. 
logging) N" r the ■B.B tern 
Hardwoof' (Mills & 
factories) 
Ma,hogany - Area 3 

Area 4- 
Walnut - Area 3 

Area 4 
Mills and factories 
Mills and factories 



plywood 

Coranercial Veneer 
Pace Veneer 



Stock Manufacturers 
Wholesale Distributors 



Svecial Woodwork 



Sawed Box, shook, 

crate & tray _g/ 
Pacific y/ooden Box 

Northern Box and Shook 

Area 
Plyrraod Paclcage 



Black Hills Forest r ■ 
region of S. Dakota 
& Wyoming 

Ohio, Ind. , 111, Iowa 
26 States S: D.C. 
North Central HardTrood 

Area 
9 "estern States f/ 
Area 3 f/ 
Area 3 f/ 

IT. Cen. Hardvrood Area & 
Iowa, Heh. & Kansas 
(Mills and factories) 



N. Eural 
Southern cities 
northern R"ural 
Southern Cities 



Northern Area 

N. & IT.E. HardT/ood Area 

North 

North 

Area 3, Northern R"o;ral 

Area 4, Southern Cities 

26 States and D.C. 
26 States and D.C, 
except N.Y.C., Chicago 
a,nd East of Ohio 
26 States and D.C, 
except N.Y.C. and 
Chicago £; East of Ohio 
N.VJ, Shook Area h/ 

Colorado N. of 33° ■ 
North latitude 



I'lorth of Delaware 
River 



9803 



r-204- 



iva 1/ e 



Divi?iQ.n 



Subdivision 



Eegion 



(Cont'd) 



29v^- O3.I: ITlooring 

Specialty YJood Floor- 
ing' 

28i'rs(5 rlarcLTTOod 

i'lorthern Pine 
^Testorn Pine 



Pole £: Piling 
?Iardv70od Dimension 

Wooden Paclrage 



EiiiS Cp,se ITorth 

TTireooiand Box ITorth 

Ai.ierican Veneer Facltaije i'orth 
T'ooden Fail c-. Tul) Central & Eastern Area 

Broom and Kop Handle lI.&.'i.E.HardiTOod Area: 

Mills and factories 

Aropalachian (including 
Ohio and Pennsylv?.nia) 
Appalachian Area 



Apy-alachian Hardvro od 
Logging 



liroom c; Mop Handle 



A^3palachiau Area 

Blade Hills Forest 
region of S. Dak. & 
"Jyoning: Logging 
Appalachian Territory 
Appalachian Hardwood 

Area 
Appalachian Hard?/ood 
Area c: Delaware 



27{!f Hardwood 

Horthern Hemlock 
!^Tortheastern Softwood 
Pole & Piling 



Logging 

Logging 
Lo£v?;ing 



1T.£; "rl.E., northern 
HardvTOod 



2S^ Oalc Flooring 

Specialty Pood 
Flooring 



Southern Area 
Southern Area 



25^ Hardv;ood 



Veneer & plv'wood 



liahogany 
¥a,lnut 
Face Veneer 
■Joodwork 
(Stock Hfr.) 
(YJholesale Distrihutor) 
(Special i;;'oodwork) 



Southern Rural 
Southern Rural . . 
Southern Rural 
13 Southern States ij 



?,4 



¥ 



Cj'press 
Hardvjood 
Southern Pine 
VTe^tern Pine 

Pole & l-iling 



Southern 

Arizona, IT.Mex. & Colo, 

(S.of 38° lI.Lat.) 

Colorado (S.of 38° 
31. Lat) 

19 Southern States & 
D.G. 



9803 



-205- 



Rate 



Division 



S-obdivision 



Re-srion 



(Cont'd) 



Crossarms 

Ha.rdwood Dimension 
Wooden Paclra^'e 



23^ Southern Pine 

Yeneer £; Tlynood 
Wooden Pacl:age 



Broom & llo'o Handle 



So tit hern Rotary Gut 

LxurfDer 
Plywood 

•Conirncrcial Veneer 
Sav.'ed Dox, shook, 
Grate & C^ray 



PljTrood Pac'^age 

Standard Container 
Egg Case . 
"Wire bound Box 
American Teneer Package 
Wooden Pail & Tuh 



15 Southern States jj 
Southern Hardwood Area 
Southern Hardwood Area 
Western Pine k/ 



South 

South 

S.S.Box & Shook aiea 1/ 

Southern Hardwood m/ 

Pacific Wooden Box n/ 

Southern Box & Shook 

South of Delaware 

River, etc. 
Plorida, 
South 
South 
South 
South 



Jeorgia, Ala. 



a/ 

sJ 

1/ 

hi 



2l 
U 

a/ 



Montana, Idaho, E. Oregon, E. and Central WashingtoD. 
"California, Oregon, Utah, I'Tevada 
W . Washington, W . Oregon and Alaska 

Llontana, Idaho, Washington, Oregon, California, iTevada and Utah 
Except Arizona, xTew Mexico and Colorado, South of 38° IT. Lat, bat 

including all of Crlifornia 
Oregon, Washington, California, '.'evada, Id3.ho, Utah, Colorado, Wyoming 

& Montana. 
Maine, Massachusetts, Vermont, Hew rlarmD shire , Connecticut & PJiode Island. 
'Wisconsin, Hinnes:ta, i^orth Dakota, Winnebago Co., Illinois, H.& E. lov/a, 
II. Peninsula of Michigan • . . 
ITorth Dakota, Minnesota, Wisconisn, SipMgan, Maine, Vermont, Hew Hampshire 

Massachusetts, Connecticut, PJiode Island, Hew York, Pennsylvania, & Hew 

Jersey ' . • 

Florida, Georgia, South Carolina, Horth Carolina, Virginia, Alabama, 

Tennessee, Mississippi, Louisiana, Arkansas, Hev; Mexico, Arizona and JT«xa 
Arizona, Hew Mexico, Colorado and South of 38° Horth Latitude 
Virginia, Horth and South Carolina, Georgia, Florida, East Tennessee and 

East Alabama 
Louisiana, East Tex?„s, Arltansas , S. H. Missouri , S. Illinois, W. Tennessee 

and Mississippi " ' . • - 

Hew Mexico, Arizona, Colora.do, South of SB'-' Horth Latitude. 



9S03 



-206- 

~iece rates in codes . - A few codes included piece rates in their 
wage structure. The rates for window installations a^id interior instal- 
lations in Advertising Display Instpllation, ana tne elahorpte schedules 
of piece rates in lien's Ileckwear and Cotton Cloth Glove applied mostly 
to wages above the minimum. The rates "per case" in the Funeral Ser- 
vice Code and "per line" for pin setters in the Bowling and Billiard 
Operating trade would seem to he a way to avoid paying regularly for 
employees whose enrploytient is ordinarily irregular. In several supple- 
ments to the fishery code(*)the piece rates were an alternative to 
miniiiium time rates. This provision from the Blue Crah Supplement is 
the simplest: 

"l-To picker shall he paid less than at the rate of &({; per pound 
for crah meat picked or less than at the r&te of 18{zJ per hour. 
Such of said rates as yields the higher return per hour to each 
picker shall apply to him as a minimurn wage." 

III. THE LilHIt.lJI.l '-jaG-E set BY THE CODES 

Precedents of the first codes . - The original Cotton Textile code 
filed with the Administration proposed a mininnim wage for a 40-hour 
week of $10 for unskilled labor in the South and $11 in the North. In 
the code as submitted to the president for approval, the weekly wage 
had been raised, but exceptions had been inserted: 

"On and after the effective date, the minimum wage that shall be 
paid by employers in the cotton textile industry to any of their 
employees — except learners during a six weeks' apprenticeship), 
cleaners, and outside enployees — shall be at the rate of $12 
per week when employed in the Southern section of the industry 
and at the rate of $13 per week when employed in the Northern 
section for 40 hours of labor." 

This provision --^as approved by Executive Qi'der July 9th, but with these 
comments on the miuimom wage; 

"Approval of the minimuia wages proposed by the Code is not to be 
regarded as aioproval of their economic s-uff iciency but is granted 
in the belief tliat, in view of the large increase in wage payments 
provided by the Code, any higher minima at this time might react 
to reduce consumption aJid employment, and on the under sta,nding 
that if and as conditions improve the subject may be reopened 
with a view to increasing then. . . . 

"It is interpreted that the provisions for a minimum wage in ' 
this code establish a guaranteed minimum rate of pay per hour 
of employment regardless of whether the employee's compensation 
is otherwise based on a time rate or upon a piece-work per- 
formance. This is to avoid frastration of the purpose of the 
code by changing from hour to piece-?rork rales." (**) 



'(*) Blue Crab, New EnglcUid Sardine Canning, Presh Oyster, Northwest 
and Alaska Fish and Shellfish. 

(**) Codes of Fair CoKipetition, Vol. I, pp. 1 and 2. 
9803 



-207- 

Code Ko. 2, shipbuilding, set a rate of 45(^/35^ except for ap- 
prentices, learners, casual and incidental labor; Code lie. 3 for Wool 
Textile had 35^/32^^ rates with no subminimum rates; Code Ho. 4, Elec- 
trical Manufacturing followed the PEA (*) precedent of a 1929 differen- 
tial {40(^/32^); Code No. 5, Coat and Suit set a non-manufacturing wage 
of $14 and a "minimum wage scale" for manufacturing operations, varying 
from $29 to $47 per 35-hour week, 47(iJ to $1.50 per hour (**) By this 
time there was precedent for almost any minimum wage in an KBA code. 
Although all codes were certified to the President as effectuating the 
purposes of the National Industrial Recovery Act, some codes were pre- 
sented for approval without defense of the wage provisions. In the 
letter transmitting the Lace code, for instance, the Administrator 
stated: 

"It is not possible with the data available to determine whether 
or not the proposed minimum wage would result in any great 
change in the earnings of the workers. "(***) 

The Leather code provisions were explained in these words: 

"The wage provisions in the Leather code are parhaps not ideal, 
but they certainly effect the best possible compromise in view 
of the existing differentials in the Industry and the ability 
of the Industry to bear its share of the NRA program of ex- 
panding purchasing power. " (*.***) 

This chapter is especially concerned with a statistical presenta- 
tion of the minimum wage rates set by the codes for male production 
workers or basic employees. Classifying tne codes by the minimum wage 
prescribed for the basic employees is more difficult than classifying 
by basic maximum hours both because of the greater range of minimum 
wage levels from code to code and. because of the differentials in the 
codes. The preliminary steps are (1) determining the basic employees, 
and (2) translating all rates into a coijparable base - hourly rates. 

Determining the basic employees . - As in the discussion of hours, 
the "factory or mechanical workers or artisans" are taken as basic em- 
ployees in all the manufacturing codes. In non-manufacturing indus- 
tries, the group which seemed the most numerous were taken as basic 
employees. This counts as "basic employees" groups in the Finance, 
Transportation, and Distributing codes which, under the PRA, were 
grouped with office employees. 



{*)' See Section I.V below.' 

(**) See Table 85, Chapter XIV for these provisions as amended. 

C***) Codes of Fair Competition, Vol. I, p. 61. , 

(****) Codes of Fair Competition, Vol. I, p. 289. 



9803 



-308- 

Some codes axe very difficult to cla.ssify as to liasic rate either 
"because there seemed to "be no rate for unskilled production workers or 
"because there seemed to "be too nany rates for unskilled production . 
workers . 

The codes without a rate for unskilled production workers were 
codes with rates for skilled workers and perhaps, also for su"bminimum 
groups or non-manufact-uring groups. -Thus the Stained Glass code pro- 
vided a rate of 80$^ to $1 an hour for any eaiployee on Class B and Class 
A products and a rate of 40f'-,per hour for helpers (not more than one. 
for each two skilled cr?.."tsmen, ) The helpers' rate is taken as the mi- 
nimum rate and the "skilled craftsmen' s rate'! .as abasing point for wa- 
ges a"bove the minimum. However, i:-. other codes, helpers are considered 
a su"bminimum group. (*) . 

Some few codes had no rate which could properly "be called a mini- 
mum for unskilled production workers. The Coat and Suit code, for in- 
stance, had rates for specified skilled and semi-skilled production wor- 
kers and for "aiDprentices" (**) . and. a minimum rate of $14 per week 
for non-manufacturing employees. Since the Code Authority insisted that 
there was no employee in that industry not covered "by a minimum wage, 
we have considered 40^^ per hour ($14 per 35-hour week) the "basic mi- 
nimum. 

C odes with a multi-plicity of niaijuun rate s. - The codes with a 
multiplicity of minimum rates were usually codes with different divi- 
sions of the industry. Chapter II cited a few industries with different 
"basic hours for different divisions of the industry. (***) . A larger 
ntuii"ber of codes set different wage rates for different divisions. The 
Motion picture code, for instaiice, provided a minimum wage of ^0(p for 
"any class" of employees in the Production division, 37j-/35p according 
to population in the Distri"bution division, ard 25((J for ticketsellers, 
doormen, ushers, etc. in the Exlii"bition- division. It o"bv.iously seems 
unfair to use 25(J as the minimum wage for the 279,000 employees in the. 
industrj.^. In this study the minimum is taken as 40^/25^ with a divi- 
sional differential. Special pro"blems of this sort arose frequently 
in classifying minimum wages in Hetallic and ITon-metallic Metals. ■ The 
Copper code, for instance, provided for five districifepaying 30 to 40}5 
for surface lahor and 37^^ to 47g^ for underground la"bor. The Feldspar 
code provided higher wages for milling and grinding operations (35(? 
north, 30(? south) than for mining operations [ZOg j Zbtp) , In these codes, 
the geographic and divisional rates were com"bined; Copper is counted 
as having a minimum wage of 47%^/ 30^-; Feldspar 35p/25f . 

Another variety of divisional rates occurred in the general Retail 
code and four Retail codes patterned after it. The divisions here 
were on the "basis of the. hours the store elected to remain otien and the 



(*) See Chapter XII, Section 'J. 

{**) See Tahle 35, Chapter XlvV 

(***) See Cha-Dtsr II, Section II. 



9803 



-209- 

resulting hours for employees. (*) . The Retail codes in addition had 
a population differential (5 stages) and a north and south $1 differen- 
tial. The miniraum vsige voTied frori 35i-- ($14 for 40 hours) in northern 
cities of 500,000 or more to 18.7^- or less ($9 or less per 48-hour rreek) 
in southern comiTU-nities under 2,500 iDopulation. 

In some codes it is very hard to tell vhat 'Tas minimum wage; wha,t , 
suhrainiraan; trhat, uages above the minimum. TTlio , for instance, were the 
"basic employees in Cigar iianufp.cturing? Unskilled labor in the south 
(probably llegroes) who received 25(^ per hour? Productive employees in 
handmade cigars who received 27 or 29('^ per hour depending on the retail 
price of their product? Cigar maimers who received: 30 to 34p in the 
north and 28 to 32(7 in the, south, depending on the quality of their pro- 
duct? machine operators who received 32 to 34(^ depending on the loca- 
tion of the plant? We have counted all these rates 34f/25fi as minimum 
rates. 

liinimum hourly rates.- Lost minimum wage rates for basic employees, 
like the wage rates for factory workers in the PRA, were expressed in 
cents per hour. Others were the equivalent of cents per hour - for 
example, the Cotton Textile code with its "at the rate of $12 per week... 
for 40 hours of labor." In 82 codes, earnings expressed on a weekly base 
have been taken as basic; in the tcuble following, these have been trans- 
lated into an hourly rate.(**). Since a large proportion of the employ- 
ees under codes had a nomina.1 40-hour week, normal weekly earnings 
would vax3" largely in proportion to the hourly, rate. The Motion Pic- 
ture-Laboratory code had a unique provision: an hourly minimura of 50f for 
mechanical workers and 40(^ for api^rentices, and "a guarantee of payment 
to each such regular worker of ' not less than $15 per week." 

The Inland "ater Carrier code had no rate which could be translated 
into hourly rates. It provided for monthly rates including "subsistence 
and suitable living quarters" for 14 different "raiiks" of vessel em- 
ployees with some differentials "oj cle^ss of vessel. Among the ranks 
which might be considered minimum are deckhajids (on tugs, $60; on motor 
or steam vessel, $50); cooks and stewards, $70; and messboys, $50; how- 
ever, these latter may be subminimom. Since no hours were specified for 
other than shore employees and the rates included board, there was no 
wa;^ to figure an hourly rate. Accordingly the ta^bulation of hourly 
wage rates shows only 577 codes. . 

Territorial rates .- Some codes had rates for continental U.S. and 
also for some territory. Fertilizer, for instance, had a Puerto Rico 
rate; Canned Salmon had aji Alaskan rate. These have been ignored in 
-this presentation. Territorial wages were included only for the seven 
Territorial codes, which axe in a group by themselves; in any tables by 
industry groups the wages of this, group can' be eliminated. 

Different minima in high wage and loxi wage areas.- Table 48 shows 
the number of codes- prescribing each minimum rate; where a code provi- 
ded two or more minima for the basic employees (296 codes) , both the 
highest rate and the low est ra.te are tabulated. The top_ rate^ seem to_ _ 
. (*) Chapter II, Section II. 

(**) Rates including boexd ha,ve been ignored and the alternative rate 
without board has been used. 

9803 



-210- 

have much the ssjne distribution as tlie flat mininnim rates, but it over- 
states the ninimxun nage of the codes to add top rates and flat minimum 
rates and say, for inst.iiice, that there are 285 40rj codes. VJliat Table 
48 actually shows is that 285 codes rirovided a 40f nage applicable in 
their high v/age ares a and 160 codes provided a 40^' wage applica,ble in 
their lo"i7 wage axea.s. Of course, this statep.ent does not tell the 
complete truth for either area, for (l) sone of the codes with differen- 
tials had practical applica.tion in one area only and some in the other 
area only, and (2) many employees ujider these codes worked at some rate 
between the highest and the lowest rates which are tabulated, i'^everthe- 
less it will be informative to present the distribution of code rates 
in the hi^h wase are-as-; 

Codes Codes 
Without ■■ TJith 
Total Dixferen- Differentials 
Uiniimm JIpurl^^_jlate Qp§-S^ t_^ials ..JJFP-Il^-J^^^} 



Over 40^7 per houj: 
40(j per hour 
35 to Z9(/: per hour 
30 to 34:(f: per hour 
25 to 29','i- per hour 
20 to 24.^:- per hour 
Under 20ip per hour 
Total 



53 


23 


30 


285 


153 


■ 132 


146 


67 


79 


79 


30 


49 


9 


4 


5 


1 . 


1 


- 


4 


3 


1 


577 (*) 


281 


296 



In the low -wage a reas, the 577 codes prescibed. these hourly rates 
in different proportions, a-s shown below: 

Codes 
Codes Without • With 

Total Differentials Differentials 
tiinJj[Rm^J|pu/ly Ea^^^ .. C odes ^__ _ • (Botto m Rate) 

Over 40^ per hour .27 23 

40(1; per hour . IGG 15.3 

35 to 39 (i' per hour 1,33-. , 67- 

30 to Z4:d- per hour '.,168 3 

25 to 29(^ per hour , 55 , .4 

20 to 24-; per hour 12 , 1-. 

Under 20p per hour 9 3 

Ho lower limit set 13 

Total 577 "' ' , "' 281' 

Wei;°:hting codes by employee s covered.- It is impossible to ascer-, 
tain how many employees received only the minimum wage rates of the V£r_ 
l\;us codes. In some industries, such as Caaid;- Manufacturing, the mi- 
nimum wages would affect the bulk of the employees; in' other industries, 
such as Automobile Manufacturing, only a snail proportion of the employ- 
ees would be affected. This ha.d a bearirg on. the minimum wage set. In 
submitting the Silk Textile code vdth its $12 a,nd~$13 minimum, to the 




(*) Omitting Inland Water Carrier code with no comparable hourly rate. 



9803. 



211 



& 

a 

I 



•a 



V 



p< 



h 

o 

■H 



f-l 

I 
,£1 



•H 



Bspoo TJTao^fiiaj 



sopsji ir»»»H 



Bep^j^ 8x«8exonji 



sepsj) sstA^ESs ni 



noiiBBjcuH 



aoWTOfi 



X9J8ddS.«BXTiZ8i 

soxiqSj-S8XT^s9i 



4^ vH 
4J ■! » 

01 O 

''•as 

P* -H *C 



8,n 



r*^ r<- 






E? 



ro I I fH I 



I I iH nj c\j w 



I f r*^m h^ K 



I I r«^rH I K 



I I I rH I Ji 



I I I I I IT 



I t f-t C\l 1 



jed«j Si!, 

•o»8 'BxaDTWiio !^ 

OTXTBiao-^OH J^ ^ 

BXBiajI ™ 



a 0) a 

i -a-a 

^1 g 

(d o V) 

l-l «-t <H 

t5 T) 



I I r^ CU r-t 



I I KN » I 



I I r^o f-i 



I I in CM c J 



I I cu cr. I 



1 I C\J r-l I 



i Fh O O 
^ CD 4» ■*> h 



^ 



CXJIIrHI INIrHJII 

ftj lO^ OJKN vO»HWlf\CyCU I 

1^;* f-tcu c\ir-i i^r^cvjw 

■HlCMrHI ITHHCJtl 



I I t ir\ CVJ 

I I OJ r-< I 

I J* tr\ m. I 

I I ^ r^ CM 

r-l 

rH 

I I (\j pH m 

to 

I I 1 rH 1 
I rH rO ;* I 

I r-i ::f to t-i 
I r«^ K\ OJ rH 
1 rH I I rO 

I I r- rH r<^ 



I I rH ir^H I 
I i CU l-l I 

I I I row CVJ 

I I I .O CVJ I 

I I I h- I 1 

rH iH BO \X> O W 

I : i I rH I 

I I CU lO fH I 

rH 

I I m ifv ir\ rH 
I CU c\j rocvi I 

I I rH I I KV 

I Jf H W r- rH 
rH rH 

I I tH r^ rH I 

. . _ . rH 60 ^ r-! 
t-A rH ir\ KVVX) «-H 



■Si 



£ ^ 



BjrOKVKV o+» cjcacuwrofox) 

u i^oo htHMoooosa 

O+^ID^*^* t^ to V 4» *» 4^ *» 

0) ctoirvQ >■ « fl flomoiTiO 
f-i^C3KMo3Fo «»-H0ftjcuror<-v^ 

VH O 

o » ^ 
EH 



m 









g, 



b R 



Vi 3 

O fH fi 

*» 4» « 

Id n n 



a 

Pi •h 

t> s 



i?; 






u 



T) l-l 

;> o 

O +> 

a a 

o .• 

43 ri* 

U J- 



"I 

o 



w4 

s 






s 




^ 




« 






h 




1 § 









rt 


A 




Vi 


\0 


8 


^ 




1 


C 
•-H 

•5 


s 

•a 


§ 




t 




C 







a> 





Q> 






g 


ft) 


•H 


ft) 




cs 


h 


*» 




CI 


, 


i 


iS 


3P- 


u 


U) 


u 




• 




■3 


h 


g 


rH 

in 




•H 


0^ 


•»^ 




tJ 


*a 


■p 


4* 




« 




a 





t-i 


4* 




fe: 


,0 


<a 


cd 











rH 


0) 


•0 


at 





^ 


Cm 


s 


1 


n 


i5 




rH 


g 






l-l 




a 




Q) 


0> 


01 




d 


8 


tJ 





4> 


•H 








•r4 


a 


tH 





g 


m 





t4 


e 


■a 


fj 





C 


s 


% 


t< 


(h 





h 


^ 




^i'Si 





9803 



-212- 
Pi-csident , the Administrator stated: 

"In contrast to the other textile industries the miniraum 
wage will apply to only about 10 percent of the employees in the 
Silk Textile Industry. .. .The minimum is sa"bstpntially telow the 
wage rate of about 90 percent of the industry." (*) . 

Similarly, in transmitting the Mutual Savings Eanlc code, the Admi- 
nistrator listed among "significant features" that a small number of 
employees fall within the minimum i^age level of the code.(**) ($15/ $14). 

Since there are no figures covering the number of employees at the 
minicrom, any weighting of the codes bj- number of employees must be by 
the tota.1 number of employees covered "by the codes. This at least eli- 
minates the variable in the number of employees covered by the codes. 
In the codes with differentials bgth tox) rate and bottom rate must be 
T/eighted by the t ^^otal number employed in the industry, since there is 
no information covering how msjay cmploj'^ees were in the high wage area 
and how many in the low wage area. The proportion varied from code to 
code. For instance, in the Cotton Textile industry the majority of em- 
ployees were in the South where the bottom rate applied; however, in the 
ITool Textile industry, the majority were in Nev7 England and the Middle 
Atlantic states where the top rate applied. This weighting gives the 
distribution of employees in table 4-9. The table below presents these 
data in percentages: 

Perc entage of Em-ployees Covered 
Plat llini- With Differentials 
Minimum Hourly Rate mam Rate Hi.s:hest Ra^te L owest Rate 

Over 40^ per hour 1.4 15.0 3.4 

40^'-pef'hour 14.3 24.6 2.7 

55 to 39i# per hour 1.7 18.4 6.4 

30 to 34(2^ per hour 1.2 18.0 20.9 

25 to 29izJ per hour aj 4.7 24.1 

20 to 24^ per hour .1 - 6.4 

Under 20^ per hour .6 .1 4.4 

Ho lower limit set ^ 12.4 

Total IS. 2 80.8 80.8 

a/ Less than one tenth of one per cent. 

Thus, though nearly half of the codes est3,blished one mininiam rate 
for the basic employees, less than one-fifth of the emiployees under codes 
were covered by these codes without differentials. Of the four and one- 
third million employees in these flat-minimum codes, three-quarters 

(*) national Recoverjr Administration, Codes of Pair Competition, Vol. 

I, p. 539. A study of earnings in the silk textile industry during 
the code period would probably show that the miniraum wage applied 
to a larger proportion th-an estimated, for the industry suffered 
a considerable depression. 

(**) Codes of Fair Competition, Vol. I, p. 624. 



qpin-x 



V 



••»oo T»TJ0»TiJ81 



•8p»JI-XT»H9H S 



■•pajl-stsiaxom 



ill 

h 

4* 

I 

« 



Pi 
Vl 

o 

1 

.B 



Jtf t~ OJt K\ 



tntn 



n%XT avtia^ ■=* 



»nT»w31ft<I»i 



jDj fOB xe<i%e»i 



X8Ad<lr-**ITtzei 



•OTi<t»i-»»TT»»i 



pool 



tneDd-^iibi 






9-yxeam 



»I«*9Il 



TBaoi 



l~ 


J* 






K 


o 


H 


r-t 


Jt 


rt 






a 


iH 


r^ 


00 


1^ 


<H 


j^ 




Jtf 


r* 






vc 


jf 


a 


r- 


r- 


rH 






IH 




tf 


o 


< 




^ 


I-* 


ir 


f" 


to 




ir 


o 






CO 


d 


IT 


rH 


J 




J* 








^ 


1 


t^ 




K 




CM 


IT 






i-l 


VO 


ir 




r^ 




rH 




«0 


o 






3 

IT 


1 






Ol 


oj 


(- 


l»1 






^ 


K 


h- 


rH 


H" 


iH 


O 


00 


< 




(T 


h- 


J* 


O 


W 


rr\ 






iH 




OJ 


M 


« 




S 


8i 


f 




w 


1* 




• 


vo 


fiO 


<r 


vo 


a 


ni 


a 


ve 




• 


jif 


J- 


CVJ 


rH 


o 


rH 






H 




>JJ 


%o 






ir 


CO 


St 


o 


r-i 


I-* 






ri 




1^ 


^ 






ir 


s 


vo 


w 


t-t 




to 


w 






J 


a> 


ir 


i^ 


rH 




rH 


O" 






;* 


^ 


S 


r^ 


M 


ir 






CO 


CT> 


CM 


ro 


CM 




K 


w 






V£> 


K- 


O 




vi> 




IT 


IT 






CT 


•-t 


OJ 




J* 








rH 




\X 


to 


h- 


tn 


§■ 


cy 


O 


O 






VD 


ro 


r^ 




IT 




IT 


^ 




• 


M" 


o 


(T 


ro 


IT 


r^ 






OJ 


^ 


OJ 





O rH O 
• • • 

rH Wif 



O 

I o 



I I • • I 
rH ITl 



O O 

I I VO14 I 

nT 
BO ir\ 
I I * (J I 

OJ «0 QVi> CNJ 

' • • • • 
r^l^ rH rH 

tovo lr\ 



w r^rr»a\<T\ 



w 

I — 

!*%«> 60 



I I • • I 

,-< CM 



< r I • t 



"Ai ^D eo row 
i-t CM row ro 



r«" O 
r-^ko t 



cr 

IT 

J* 



r- 
r<i 



S'S"S?S" 









i-l 


10 iH in 
• • • 

r 1 OJ r^BO 


• 

IT 

S 



• « • 

1^ I VO I rt 



OjS'I'-CUO KiWOO^ ITvftl 






h-VC vo to 
• « • • 

<r\r-* rH fti 



KMfMT* I 



I Kr 

• 

I ^ I r 

r^ 
ro 

O J- rH O 
• • • • 

W rH W W 



J- O 

• • 

I g>w I 

IfMnrH 



VD CU 00 

cy ir\ 

OJ 

a a • • 

r-BO OJ eo 



o 



OJ o o 
roir»,H I 



O 



o 

CO 



vo rooj 

rH (M 



rH ino 



ir\rH irvo w 



r-iJ±^ ir\K% 



o^ CT\ o t-i ir\ t<\oo 



r^crvo CO cii o to 



rH W K% 



trt o o o o tr\ 

K% I K%0 Q O O I I 

cu r-^rH-^r-r^ 

00 t\J 1-H to 

ITt O O 10 

• I I •••III 

00 Q o^a^ 



I KOJt I t I 
KVSt 



rH I I 



ja- o 



ru cvi 

iH 000 m 

nJ I I I K\inro 



CXJ 

r^ 

O I 



irxrooo tr\a\ 
• ■ • • • • 

rjvc cr»^ ro r- 1 

rH CO a%Q ro ro 

■y -5 Ol o 



W O rH 

Ol CO OJ 



roiTvOi o 
• • • • 

I I t ojvo tnro 

■* '*i 

t I I iTtW r I 
jl- «) 

OTlrH 

10 

I I I O I I I 
rH 

o\ 

trvO W rH rOrH 



^8i 



I row 
' w w 



o 

ir\ 1 



vo w3- 



o 

r ITl I 



w <y^^ \r\ <D 






WJ3- w r<-\ 



o o 

• • 

rOrH 

ro»^ 



St 
W 



10 t-i I 



r4 ir\\J> 10 BO 



ru OJ CM 






OJ 00 

00 Oj' 



to to :^ CO O iH^ 



.0 



9 

o 



5 



rH lO--*-^ 



7H tD Vi 

I ^ *» *4 
4* 3 *» >^ 

C at 4* 

" iiV 

>> P o 

rH S r-H O 

H -fH © 

P C t3 TI 

m "3 3 o 



h"51^ 



i tO.=J- CT\ 



s 






n o irtQ > 
C3 roro^ O 



rH flJ 



%H H O _^ 

•H iOtO ^ 
* 43 h 
« d O I I h 

d M ^ O l£\Q > 
h €> p roro^ o 
^^ 

ei -d 






I Cvj tor 



tH 0) a> I I I t h 
-d tJ a) 

o I-l p cy OJ poro^ O 



^ 



-314- 

(14.3 per cent of all eirr-iloyees under codes) were in codes with a 40(^ 
rate, tut all "but 800,000 of these employees were a.ccounted for by one 
code — Construction, which has not yet regained its 1929 employment le- 
vel. (*). 

The columns concerning codes with differentials must not he in- 
terpreted to mean that 24.6 per cent of all employees under codes re- 
ceived a top rate of 'iO^ ;oer hour or 24.7 per cent, a bottom rate of 
25 to 29^ per hour. Rather, it means that 24,6 per cent of the employ- 
ees under codes were in codes with a top rate of 40;!^ and 24.7 per cent 
were in codes with a bottom rate of 25 to 29^' per hour. This caution is 
especially pertinent with reference to the employees - one-eighth of all 
under codes - listed as under codes with no lower limit set. These in- 
cluded some provision similar to the PRA provision that in towns, vil- 
lages or other places with less than 2,500 population the wages of all 
employees were to be increased 20 per cent provided that this did not 
rea_uire an increase in wages to more than $10 (or $12) per week. Tvto 
and three-quarter million employees were covered by Retail and Finance 
codes having such a provision but we have no idea what proportion of 
these employees were in towns of less than 2,500 population and thus 
were affected by this provision. 

Wages above 40(^ per hour «- Since the PRA proposed ^0(p as a minimum 
wage, the codes setting minima above 40^ are of particular interest. 
Twenty-two codes had a flat minimum above 40.;?; 30, a rate above 40(2^ 
in the high wage areas. (**) These codes were scattered through 16 dif- 
ferent industry groups. They constituted 20 per cent or more of the 
codes in the Fuel, Metals, Retail, l?holesale, and Food groups. The ma- 
jor codes included were Copper, Bituminous Coal, Petroleiun (Production 
and Marketing Operations), Lumber and Timber Products, Shipbuilding, 
Automobile, Household Goods Storage aaid Moving, Alcoholic Beverage Whole- 
sale, Retail Lumber, Builders Supplies, Retail Solid Fuel, Motor Ve- 
hicle Maintenance. The rates are enumerated in Table 50. 

It might be expected that the codes with high basic rates would 
have more subniniraum rates than the general run of codes. Table 50 
shows that this is not the case; only 13 of these 52 high-minimum codes 
had female differentials; 16, subminima for learners and/or apprentices, 
and 27, for old and handicapped workers. The percentage of these 52 
codes having each type of subminimum rate is less than the percentage 



(*) As a matter of fact, one supplement of the Construction code, the 
Building Granite Division, had a geographical differential with a 
30f3 rate in 16 southern states and the Plumbing Contracting Supple- 
ment provided rates of 50^ in the Horthern Zone, 40f in the South- 
ern Zone. 

(**) In some of these codes, the rate above 40^ applied only in Few 
York or in ITew York and Chicago. This is illustrated in the 
text table showing the top rate and where it applied, in chapter 
XI 



9803 



-215- 



of all the codes. 

Low-minimum Qodes . - In five codes (other than Territoripl codes). 
the Administrption approved flat minimum rates of less than 30(# per 
hour, and in four codes with differentials, top rates of less than 
ZOcj; per hour. Kone of these codes had learners' rate, but two had 
female rates (iSc* in Cotton Pickery and 22e(Z^ in Corn Coh Pipe) and 
four had an exception from these low rates for old and handicapped 
workers. (See Table 51) 

Twelve codes (See Table 52) with a top rote over ZOtj; had a bot- 
tom rate less than 2b<f;, The differential was not the only elasticity 
in wages in five of these codes; two had female rates, two an excep- 
tion for old and handicapped workers and \iholesale Food and Grocery 
had both a learners' rate and an old and handicapped exemption. 

Six retail codes with an indefinite limit had a lowest stated 
limit of 18.7(#. Five of these codes had learners' rates ($1 less 
per week) and three an exception for old and handicapped workers, 
(See Table 53). 

IV. ICETHODS USED TO PP.OVIDE ELASTICITY IN V^AGES 

It was shown in Chapter II that various methods were early found 
to create e"'.asticity over the maximum hours; in the sajse ^pj methods 
were found :o create elasticity under the minimum wages. The 
principal devices employed were: (1) differentials in the wages 
provided for male production workers depending- on (a) the location 
of the plant - north or south, metropolitan center or hinterland, 
big city or small toi^-n; (b) the 1929 rate; (c) the division of the 
industry; or some combination of these variables; and (2) subrainimum 
rates for certain other groups of employees. 

Regional differen t ials - The idea of a regional diTforential 
was implicit in Section 7 (c) of the National Industrial Recovery 
Act. 

''The President may differentiate according 
to experience and skill of the employees 
affected and according to the locality of 
employment . " 

It was more explicitly stated, with reference to minimum wage rates, 
in NEA Bulletin No. 2, July 19, 1933 as follows: 

"Minimum wage scales should be sufficient 
to furnish compensation for the hours of 
work as limited, sufficient in fact to 
provide a decent stajidard of living in the 
locality where the '-'orkers reside ." (*) 



(*) Federal Trade and Industry Service, paragranh 1512« 
9803 



216 



u 

3 
o 

u 
o 
cu 

o 

o 

t 

Pi 
O 
■P 

ti 
O 



5 -s 



:^ 



CO 

o 
•d 
o 
o 



9S03 




10 

>» I 

o ^ 



In 45 
o © 



«> 
^ -P 



O I 



O ^ r-f f^ 



U 

o 
Pi w 

w 

a> 

ft © 
N "-I 



o 
+> 

oi 

-d u 

<D • 
ft >» 
ftrH 
OS >H 
O ^ 



rH 

3 -P 
O bJ 



r-1 rH 

C$ ^1 O 

B 3 +> 

© o aJ 



•H ti © 

ra 3 +> 
c) O a] 



•d 
o 
o 



to 



(Acouraoo 00 t~ u) ui 



O 



W CM >* <M 
iH iH iH rH 



CM I I 



in uj CO to lo m\/\ 

rHiHiHrH rH rHWlO 

■#5> rH rH 



W X! M M « 



I X I 



•• • ^ " 

M M to 
II O • III 

• • • 
ft ft ft 

<j << <j; 



I I i I I 



in 

CO I I 



o o o o o 

to to to to w 



in lo lo U3 in 
t~ w t- c- c^ 

^i ^^ 5^ ^j* ^^ 



CS CiJ t!> C5 O 
O O O Q 



cn o ci 
p-l 



^1 

© 

© > 

© "H 

SCO tn 

to o ft'd 

Fl -H ft CS 

■ P.o<5 



cy o 



m 



(M m 



in 



OS N in o <* in 
-P «4< w ^ ^ 

Si 




0> 0> 



in 



Vi 00 (SI CO 



in 



I (M ^ 



yD CD 



O O 



<o in to 



I I 



I X I 



I I 



I I 



in in 


ID 


c- o t- 


eo >* cj 


• • • 


^ 


\^^^"t\^ 


0) 


in o •^ 
■^ in 'Ji 


CO 


CO 



o 



o cs 



in 

to 



to 



O 
in 






I I I 



o 



in Lo in 

LO ^ •<:i< 



o 



d 
o 
o 



3 
o 

•H 



o 

•rl 

n 

•H 

t» 

■H 

O 

« 

o 

•H 

•P 

o 

3 
13 
O 
^1 



m 

a 

o 

-P 

g 
© 
ft 

o 

-p 
© 



m P-. Oh 



.•* o 



r 



01 

-p 
o 
3 

x> 
o 

Ph 
P 
© 
O 



in 

rH 



X 



to 
to 

CO 










rH 




p} 




•H M 




»y 




O w 




M 


•H 




ft 


o 


-d Cn. 




d 


cS 


© 




I2i 


r-t 


■p TJ 






m 


rf © 
H CO 




£= 


rt 


O <a 




at 


o 


X © 




-P 


,o 


ft o 




•H 


u 


rH O 




ti 


10 


Ot 


3 >^ 




d 


t-i 


o 


W pL, 




c/l 


al 










« 










•H 


OI 


CF5 O 


Ih 


O 


^ 


to 


to O 


© 


o 


© 


M 


%i< in 


ft 


N 


^ 






01 




o 






ft, 





1 



a? 



to 


































(D g 




























bO 3 




























ro © g 

03 B > -rt 




























d O CJ 


■>* 0> (M 


00 i-i •(J* 


00 


C\J 


(M in C\3 rH 00 CO 


CM 


^ 


-ii CO to 


N CD CO 


CO 


r-i Ch fi -H 


1-1 


















t-i 




O O Ctf 6 




























" 


03 




























>> 1 




























O M 














00 


C>J 


to 













,Q © 






CJ 


CO 




rH 


t-i 


rH 










CO 


2 






• 


• 




_^\ 


^ 


\ 










• 


a> & 






to rH 


CVJ 


'^H 


"i* >* '# ■^ m ^ 


•* 


■* 




1 1 1 




1 in 1 


CM 


o 


1 1 


1 


1 rH rH 


r-> 


r-{ 


t-i i-i i-i r-l r-l t-t 


rH 


rH 








rH 


rH 


•H • © 






=*> 






















<H O 4> 




























liH -P >J OS 












P^ 


P4 


fL, 












O © iH h 






























-^ 










<* 


'^ 


m 












© 


iH 










rH 


t-i 


rH 












O 1 


\ 










\ 


\. 


\ 












•H ^ © 


L-y 


i:) 


in ^ 


CO 


CO 


CO CO <0 CO t- CO 


CO 


CO 




1 1 <cf 




1 CO in 


JO 


<« © -P 


1 rri rH 


rH CJ rH 


rH 


rH 


r-i r-l r-i r-i 1-1 r-t 


rH 


rH 




l-H 




t-i t-i 


rH 


<iH P >5 Oj 




























P4 










Pl, 


Ph 


P^ 












© 
-P 




























'O Oi 




























fl 1 •« Jh 






<o 






















Cj -H © • 


1 1 


1 


to !«; 


1 


1 


X M M 1 ><! M ><! M 




1 1 1 




1 1 1 


1 


■g ft >; 






• 






















-C fl PMr-! 






:* 






















r-1 aJ <d h 
o ^ o ^ 






















































o 


• » e» •• •• 




\ 
















' '^i 




"v^ 


to 




m in 


















© 




-d 


• 




t- <M 














in 


r-{ 




fi « 


\ 




CD CO CD 






^J< 






<# 




a 




oi ti ^ 


X to 




• CO W 






CO 






CO 1 «;}: 


-P 


d CO 


w 


© l>5 


t> 




CD • • 






A 








• • 





Sh • 




a iH 


• tft 


1 


to • 


1 


1 


1 1 1 1 1 


1 


1 






j^ 


d 1 


• 


^ ^ ^ © 


ft • 




• ft • 




















ft 


ft as 3 -P 


ft-'SS' 




P^ ft 


















Q 


ft 


ft © O OS 


<=<1 




<', ft 





















< 


■< iH ,C f^ 


PL, 




.. 1: 























•a 




LO 
























in 






CO 










CO 




^ 








^w 




© >s 


• 










^^m 










"^ 




1-H iH 


\ 










m t~ 




in 




in 




tn 




d t. O 

i p -p 


. a> 










LO 1 CO to ■* 


1 


to 




1 CO 1 




1 -# 1 


1 


1 w 


1 


1 1 1 


1 


1 


CO CO . • • 




• 




• 




• 




© O d 


« 










• • 
















f^ ^ u 


Oh 










cii 




C5 

























in 












t- 






in O 




10 






CV! 













CO 






to ^ 




to 






CO >* 




•* 








in ■<< 






• • 




• 






• • 




• 








• • 




>> 






\. 






\ \in 




'V^ 




m 




^\\^ 




O <H 


LO W 


10 


in LO in 


m 


m 


in in in in CM u3 


10 


in 




CM in m 




in 


CM 


•H t, © 


'i' ^ 


^ 


-* c- •* 


>* 


■* 


^fi \ji ^m I vj ' ^3^ ^r 


'^ 


>* 




^d* ^ ^ 




in CD m 


-Jfl 


ra pl +> 


• • 


* 


• • • 


• 


• 


• «•••• 


• 


• 




• • • 




• • • 


• 


eS O d 




























CQ ^ S 


t5 Ph 




Ci 






cii 




Ci) 








Q P-i 










• 
w 






2 " d 








©H' 




>> 










t. -P 
© © 






■H 2 

ft 




© 






n 










rH 






CO U 




m 




a fl 




=8 


bO 








rH • bO 






P 




© 




.ri 






c 




bD 




(h a 






xJ 




© 




» S 




60 bO 


•H 




a 




rt © .H 


;h 




© n^ 




A 




rH d 




.g.s ^ 


-P 




•rj 5) 


u 


rH T3 





■oOr-i bSh 









,c -H !«; 




d 




•d rH 


© 


m r-\ r-l 





(i 


■-H a 








•P CO ril 




D- M -H 


© 




rH .H 


g 


- -ri 


Q 


•? 


•H .H -P -H 

4^ l>, oj -p a 




tJ 


V} 







ft to rH 


^ 




"d •'^ 


t. te P 




b 




®„ 





rH iS 




ti <s> a 


EH 




3 O 


s 


© m 


u 


S 


ra <lH © rH 




fcO 


•cH 


_ rH 




U U <D 




O 


■^ e 


PQ 


-p -p 


m 


u 


■H -H ^ d *< Oi 
Q -P F g oJ +> 


-P 


d 


^1 


CJ .H 




&H 


rH 


•o 


ft 5 




rt c! -p 


fe: 


cq 


M 


^ 


,Q 


Jh -P 
•rl J>,H 






^ 


d 


o 


•H43 


r-t 


•H -rl d 


5 




■-! 


c: 





d 




Vi ^^ ^, 
P P 3 


fl 


■P 


o 


•P 


S5 


•H 


^ (4 


X 





to ® I> cv! d d 

rH W rH CM g CJ a 


a 


d 


f^ 


a m <D 




•H 


J5 




ti 





fL, o. m 


CO 


r-< 


>< Ph 




K p:J ^ 




li. ft (i, 


-P 


S^ 




© 


















© 




5h 




d 






e 


















rH 




© 











ft 


^c- 


lA 


CO CO CO 


in 


Pk 


ft FL, fl, ^ ^ CO 


in 


OD 


•H 


t- CM t- 


^ 


rH rH 


•H 


t- 




•H 


t-i 


N 


000 


to 


-Ci 


►J 


hJ hJI h^ CO CO CO 


t- 


«* 


1^ 


in t- 05 


■P 


CO CO CO 


fv 


CO 




3 






rH CO ^ 


>* 







CVJ -cjl •^ 


"* 


in 


rH rH ^ 


d 


rH rH CO 


^ 


to 




0^ 


























© 




,=! 






w 










P^ 










EH 




^^ 




ft 





9803 



218 



O 





to 

o g 






























2 1 ^S 


o to 


"* 


o w 


CM •* 00 


CO CO >* •* CD 










U O c! 


t-i 




rH 












f 


H <M ^ .H 


















t 


J O CS u 














ft 
o 
-p 
























M 
















m 


^•"s 


U 1 














03 


^ 


-0 


>^i.' 














© 




2 


o o 










o o 




^ 


+5 


3 


o ® 








CM 


to W 




O 


•rH 


fi 


^. 








^■-l 


• • 




aS 




<H 


0) ■' 








"^ 


o o 




<D 


O 


■P 


O © 


1 1 


1 


I ■* 


^ in 1 


rH 1 rH 1 1 




y, 


to 




H CJ -P 






t-i 


rH rH 


\ \ 




• 




O 


" +> >i d 










lO to 




'B'© 


T) 


O 


w Q> iH ^^ 










r-{ rH 




© 





3 














-p -p 


-P 


u 




^•D O 






^ 


CM CM ■* CO 


E 


o 


O 
C 1 








•S^ 


-tH^ rH^ 




.Sl3 


•r 
rH 


.fl 


H ^ (D 
V^ (D -P 


LO^ 


to 


1 CD 


CD CM CD 


CM O Q LO CD 
CM ™ rH rH 




O © 


§ 




t-f S^ 


iH 


1-1 


rH rH 




ft-H 


u 










o 


O C3 




<M 




ft 

o 


ft ft 






ft 


ft Ph ft ft 




4J .H 

ca o 
© © 
fe ft 
O to 


© 

to 


-P 


^■' 








• " [X " to 

CM 00 


^ 


S 1 -o t. 

3 -H o • 


:o 






03 




rH 


Vl 




1 W 


1 


X X 


W to X! 


t- wVM ' 




-P 


3 


u 


■U! ft >J 


• 






• 






-P 03 


o 


(D 


TJ fl P-ir-l 












eS 


^ 


t» 


rH oS 03 fn 


-C"*^ 






tt 


o o 




r-t 




o 


(D ^ O ^_ 


c3 






ft 


P^ ft 




to al 
•H -P 


to 
o 


<D 


u 










-i^ 




+> 


o 












fcD C 


a 


?i 


<^ 










^ 




(D © 


•H 


h 












o 




© 


^ 


ft 


a fs ^ 










• 




© Ch 


© 


O 


(D >5 


1 1 


1 


1 1 


1 1 1 


1 1 1 1 ft 




+> Ch 


h 


-P 


>-. H fn (D 










P' 




cS -H 


ft 












<J 




t. -cl 


p-1 


u 


ft ttf ^ -p 










:5j= 






m 


o 


ft Q) O Oj 
<t; rH ^ ^^ 










• 




I 


o 

<tH 


§ 
















•H 


•S 


<D >» 














-P 




rH 1-4 
















to 


a 


^ h o 
S 3 -P 






1X3 


III 


1 1 1 1 1 


« 


1 


• r-i 


•H 


1 1 


- 1 


1 CO 






to 




© =%?= 


g 


05 O tS 






• 






10 


E-i 


^^ 


-P 

l-l 














rH 
O 




J-i O 









» •• «• «• •• • 








r-{ 


g o to 


■Vh 




S o 


o 








<M 


Sj 


3 -P -H 






to Pi 


to 








O 


fl 


1 d to 


o 




• • 


• 




O t^ 


to lO to 




O 


3^0) 


•H 




^^^0\^ 


•\ 




^ CO 


to CM CM 


a 


•H 4i 


f5 ,. ■" 


(0 




o o 


o^ 


O LD 


to • • 


• • • 


o 


to Ph 


■H >^ 


o! 


>5 


lO t> 


CD 


LO ■* 


'd''^^^ 


\^\/\^ 


•H 


•H g 


e rH >, 


.o 


O i-H 


• • 


• 


• • 


• O OJ 


O O O o o 


+> 


> © 


,3 ^ rH 




w pi -p 








LO 'd' 


to CO to to lO 


OJ 


•H K 


3 © ^H 


rd 








• • 


• • « • • 


+> 


13 O 


to © 3 


-P 


03 O o3 


C> o 


e 








© 




^ o 


•H 


m ^ »^ 


ft 


p< 




(i 1:5 


cj ei cb 


u 


1 1 


eS ;« 


^ 











ft 


ft ft ft 


© 


a X 


-P 
+> oi o 

O rH +> 


to 




© bh 


• 


• •• •• •• •• • 


• •• •• •• •• * 

• 


• 


O 




•s f^ 


>H 




& 


fl 


•p 




a "in 


TS 




p -H 


O 


rH 


g 


to rH -H 


a 




© 


o 




h ti) 


-P 


O 


M 


(D © ffi 

•H 3 a 


•H 




© oi -P 


u 




H cs 


w 


^ 








fl 3 






S I' 




ri 


o 


• 


rH ft 


^ 




o to ft 






r'^'-' 


to 


o 


o 


>• to 


Jh ft © • 


O 


o fl 


© g 






tj oJ 


XS 


• H 


^^ 


<o u 


© ft 13 rH 13 


<« 


•H O 


>ii3 O 






_ w 


o 


-P 


m 4) 


^ 3 -H O rH 




Xi -H 


rH .iH O 






"0 


o 


3 


■p 


S3 


B CO rH mH -H 


> 


ft-P 






g<3 


<^ 


X^ 


rH <D 


o ^ o 


3 O ^ 3 


n 


03 Oi 


o o O 








•H 


PS rH <D 


to 


•H O -H 


l-J to C/3 O ^ 


w 


P< rH 


U -P 






•.r! w) 


t3 


tn 


O ai Ml 


<D 


rH O -P 


(h > © 




hO 3 


© ft 






."•3 


rt 


iH 


-P 


ft to oi 


13 


O ft o 


rH © rH Pi 


u 


O ft 


A © 






o 


O 


(0 


0) u 


a 


j:! (D 


at 


•H 13 -H (-1 


© 


© O 


-P © rH 






fl 


^-y 


•H 


^ 


•H 


(D rH O 


u 


O rH Cn 


© 


eS rH 03 O O 


H-> 


bD ft 


13 ,Q 




<D 


o 


"u o 


•P 


Q 


Q 


l> O > 


e-i 


O OJ $:3 


x) 


4J .H +> -P -p 


ft 




(0 O -H 




'd 


•H 


Oj (D 


a) 


to 




H^ §^ m 




rH O O 


0) 


® 3 © O 3 


03 


1 1 


•H O to 




o 


+> 


® ^. 


■P 





© 


<D 


"Sj O O 


^^ 


ft m ft S ■=!: 


^ 




to 




o 


O 


W •„- 


(h 


O 


iH 




rH 




Eh 




o 


e ft 


10 to O 






:3 


"" 


O 


m 


as 


CJ to 


cS 


O 










•H -H ft 






^ 




ft 




(0 


r-{ r-i 


to 


CM 


rH 


CO C- O CO 'i' 


© 




^ ^ g 
EH_E-l 'rl 






■p 


rH CO 


CO 


Ol 


<D 




(D 


C^ CO 


•H 


CO CO CO ^ ^ 


© 


•• 






(0 


d'-^ 


i:! 


O) 


i-i 


ft ft 


rH 


ft CO to 


oJ 


CM LO LO 


CO 


© 








r; 


CO to 


a! 


to 


O 


hJ h:i 


o 


h4 CO -^ 


-P 






-p 








o 
o 








^. 




0- 




© 




# 


o 


dllol 



qgoi 



233 



9S03 



o g 

CO ra o g 

CO © f> -H 

tS to O Fl 

o ^ as a 



n 

•H • (D 

<H O -P 

<M -P >i CS 

O © iH ^1 




8 



3 ? ^ 

aj (D ^1 © 

• rt P -P 

^ h O oi 

P. cS X t" 

P< © 



© r>s 

si Ih (D 

S rs -p 

© o CJ 



O rH 

•H tj © 

CO pi +> 

05 O Hi 



© 

•a 
o 
o 



in 



'# 



CO «* 



I I I I 






to CD ^ CO 
i-l 1-1 rH iH 



to 



o 



Pi 






C5 
P-i 



to 



cb 



M 



I I 



I I 



I I 



I I I I 



CO 

rH 



in 

CM 



in in 

in C^a ifj rH 
CO W rH^ • 

• • '^ 

in 

'yi- CD 

r-i 



in 



in 



rH 



00 

CO 



•* o 

©^ 



Pi 



•H 



O 
•H 



OS 

S o 

OS © 

Pi Pm 



o 
o 



,- 05 CO CO 
I? rH O CV2 

P^ pu CJ in 



©. 
ft 

•H 
Ph 

o 

o 

o 

00 

05 



CO CO CO CO 



o 

I « I rH 



f! 

•H 

-p 

o 

•H 



I I 



«* 



o o 

m in 



Ph 



><! W M fx; X 




in 05 in 

C\l rH CO 



• rH 

in • 

CO 



in 

CO 



in 

CJ 



(u 



P^ -H 



Ph 

a 

•ri 



5 oi. 



•H 





-P 




,y s . a td 


c 


u -ri G m 


SS 


O -H fl 


1^4 


^ © C -H 


3 


© tJ ta-H 


rH Oj 


.rH d fl • 


© -P 


■P m 


est® Eh ^ bo m 


O © 

W P4 


O 


© • Ol t+H © 

a OS pa a ft! 


rH 


r-i W 


-P 


>;jf in 0> O CO 


■H 


!\J 00 


•ri 


C-- CJ CO in m 


a1 


rH W 


u 


•d< m in in in 


-P 




u 


© 




© 


K 




&H 





© 
© 



M 



as 
■H 

■g 
© s: 
U 
© 
Hh 

<(H 
■ri 

TS 

© 
Oi 

rH O S 
qS Ti O 
ti ^ -ri 
O fli-p 

•ri OS o! 
10 Ih rH 

•H 6.0 :s 
!> o p^ 

•ri © o ■ 



O C!! Ph E-H 



© 
O 



220 



O 






u 

i 

o 

o 
to 

o 
-p 



o 

+> 






J2 
•P 



CO 



o 
-P 

o 

-p 

•8 



m 

OS 

-P 
a 

"B 



9803 



to to «> 6 

OJ <D |> -H 

eS tc o C 

r— 1 05 #Q ••^ 

u & a! g 



H^ -•= 

as o 

>5 0) 
M O 
i! -H 



o ^ © 

■rt O -P 

tin ^ rH ^, 
O 



•H a> a! 

•o '^ sx u 

<e ai u 

X o ^ 



I 

to U >> 

© CS rH 

O © U 

rH 3 

P O © 

^ ^l ^ -P 
© O OJ 

f^\ to U 

& s © 

< 03 C! 



© >> 

1-1 iH 

^ b ® 

© O aj 



•rl Jh © 
CO 3 +a 

a o a 



N 



to 



o 

o 
o 



ta to CO lo 



in CM 



"i* 00 



to 



to 



I I I 



•<^ CM ,* 
J-< J-< J-* 

in in o i-H 

iH r-l f-l 

C5 CU CL, 






a, Ph 



I I « !«! 



O 

CM 



<* 



I I I 



I I 



oo 



CO 
iH 

to 
















o 

CM 
lO^« 

to\ 


1 


' 


1 


1 




• in 

K^ CM 

• 
C5 




*• 


•• 


M 


•• •• 


in 


'I' 


•* 


'^ 


-# 




to CM 


CJ 


CM 


CM 


CM 




CM CM 


V 


• 


• 


• 




• « 


in^ 


m 


in" 


in 




o o 


''■4 


C-- 


to 


to 




in to 


*? 


to 




• 




• « 




• 


• 






en 


tt 


CS 


CS 


o 


o 
p^ 


CO o 

rH 



I I 



in 

CM 



o 



e> 



to 

CM 



m 

CM 

to 

CD 



to 
co 



in 

CM 

to 

• 

C5 



rH i II 



cu 





c? 


x; 


© 


t-i 

sS 


t 


-rt 


u 


03 


o 


o 


W 


o 


a 






•H 


CO 


t-i 


S 


ta 


of 




u 


-p 


O 


© 


o 


T< 


rH 


F-' 


rH 


M 




rH 


P 




Ol 


P-. 




-P 






© 






T^ 


£S 




c 


» 




o 






s 





>a © 

as rH 
rH -H 

O Eh 

rH pj 



a 

rH 
O 



0) 

u 

o 
e8 

0) -H 

rH X 



■< CO CJ CJ 



CO •* O 
CM «0 CM 
rH to in 



© rH 
TSLO © 
" O 

X 



o 



PU 1-3 6Q 



to 

^kj5 rH 
O 



u 
© 



© 



to 

r 



Q 

to 

•H C 

3 





•d 


c 


o 


P4 


© 


© 


rH 


T) 


fl! 


ort 


to 


(h 


© 


t- 


rH 



© 



s 



CO 
CM 



as -p 



ta 3 
o ft 
© o 

II 

C5 P-. 



05 



221 



<D 

-p 

■s 

•p 






•cf 

-P 
eS 
4> 



^3 
a 
d> 





-p 




<D 


lO 


CO 


lO 


-P 


^ 


5 


PQ 


M 


<5 




EH 


i-l 



9803 



» *- 


















1 


<D g 












bo 5 












CO d © e 

en B F -H 


1 


to to w to 


to to 


to to to to to to 


00 


cS O ti 












rH <^ .Q .g 












o o cs 9 






*• — •• •• 


•• 








to >» 




•• •» •• •• *• #* •* ** 


ft# #■ ttft ^# ^# ## ft# 

ts?. O 






^rH 








O to 




O ^ 








c^ • 




fit © 


_^ 






■S^ 




2 








\ 




© ^ 






•* 


to "* CvJ 


CM 


o 


lO 


1 1 1 1 


1 •-< 


1 1 CO 1 rH rH 


r-l 


•H • © 






'^ 


1 




<M O -P 








r-l C5 




<W +> as 








1 Ph 




O © ^. 
«• •• •* •• 


«« *« 


• ••■•«•• •• •D •• •• 


••••*«•• 


CO 
^ >;1< >* CVJ 


•««••• 


© >a 








-rH rH r-* jH 




« Tl 








w \ \ 




•H Ai © 






to 


U5 lO CO CO W 


W 


<M © -P 


c- 


1 1 1 1 


1 rH 


rH rH 1 rH rH rH 


r-i 


<M © Oj 






4* 






a W u 








Pi PL, Pk Ph 




****?»** 




• • •• •• ♦• •• •• •• «• 


"****** 




****** 


1 i-t 












p. u 












COO 












Oj -H ^ 












•VS © 


U) 


1 1 1 1 


1 M 


I 1 1 ><! « M 


M 


t3 -rJ -P 












9.II'? 
„....« 








t- t- ^- c^ t- 


««•••« 






° 


** 


o 








rH rH rH rH rH 




\ CO 








• • • • • 




-g ju ^ 




CO 00 • 


o o 


^xJV^'V»^'*s^^\^ 




f! © >> 




C\3 W 


to to 


U5 U5 rH lO CO 




E ti © 




^ • • 


- • • 


CM CM CJ5 CM CO I 


1 


o> 


\.\ I • 


\in 


to to CM to 




• eS 3 -P 




o cy 


u> t- 


• • • • • 




^ © O aS 




cc to 


c\i to 






ftrH ;c! t. 




• • 


to • 


p Q cs cn Q 




e^ 




=95= 


• cs 


CS O P^ CS CS 




"^ 




Ph PL, 

AA Aft •• ft# ^ __« 


Pi P-, 


PW Ph Pl, PLr 


.. ~ ~ 


© !>» 




••••*"•••••••••• 


•• •• •• •« 


iH iH 












d ^H © 












e 3 -p 


1 


1 1 1 1 


1 1 


1 1 1 1 1 1 


1 


© O 0$ 












{^ ^ f^ 




• B •• •• »• ._ ^_ .^ 






•••••• 






»» »» »» »W ^^ ^( ^B ^^ 


lO 


m to to to lo to 






S o t> c- 


O t- 


c- c^ t- t- t- t- 








« CO IM CM 


lO CM 


00 CO CO CO go CO 
iH tH rH •-•'^ rH 

• "Vt • ii5- • 


CO 


>> 




• • • • 


• • 


CM 


O rH © 




l? U3 to to 


lO o 




\ 


•H Jh -P 

m d a 


» 


t-- t- CO «o 


t~- '^ 


U5 lO >-l lO CO Ifl 


lO 


rH 


t^ to to to 


to • 


to to to to CO CO 


to 


a! O ti 




• • • • 


• 


• ••••• 


• 


pq ,£J 








Q O CS Q n O 


cS 






"^ 


Cj 


CS CS Pm CS CS ts 








(^ Ph Ph Ph 


PH PL, 


Ph PL, Pl, Ph Pl, 








^O ttO #ft ft^ ^— ^^ jMfe ^^ 

© 


•• •• •• •« 

CO 


© t^J <e w o to 


•• •• •• 






a> o M 


© 








to 60 cj 


•H © 






S 


fl d S 


rH -d 






© 


•H ai m 


ft C8 


(^ Eh O s) O 


«>- 




73 


> xi 


& l4 


bO 




O 


S o +> 


3 EH 


XI 




o 


„ CO K fc 


O 


CO 


EH fo (xi EH rH 


•H 






P w © 


'C 


o 


rH CrH r< rH O 


fi 


ti 




iH 


i; --1 e 


g 


• o 


o 


PC| 




a 


S ts ^ -P 


(0 O 


© 


•H rH 'H .H -H "H 


•H 






-p 


■a pi o to 
5 -p o © 


Eh 


13 ,S 


-a 


a! © aS o! aS U) 


•P 


rH 


© 


o 




at 


4i ^ +> 4J +> Jj 


ai 


H 


-o 


EH 


^ 3 -p > 


© 


rt ^ 


h 


CO © © © © p! 


•P 


O 


O 




PQ a CO C! 


l-H 


M EH 


EH 


p:| i-D « CE! « CO 


h 


EH 


o 




© 
o 


M 


sS 
CO 




•-{ 




o 
ft 








^ 


t- w in rH 


© 


rH CJ 


•H 


O CM CM t- CO C^ 


to 


rH 









•* 10 OJ ^i^ 


rH 


«J «o 


a! 


tO Ti< CO CTS CO O 


§ 


to 






M 


iH 


O 


^ 


4i 


rH rH rH ■■41 lO 


>* 






t1 




§ 




^ 




u 

Eh 





-222- 



The PilA, the next day, proposed that employers agree to pay 
"factory or mechanical workers or rrtisans" as follo\''S! 

"Not less than 40i,-^ per hour unless the hourly 
rate for the same class of work on July 15, 
19£9, Tvas less than ^Od per hour, in which 
latter case not to pay less than the hourly 
rate on July 15, 1929, ^^nd in no event less 
than 30i^ per hour. It is agreed that this 
paragraph establishes a guaranteed minimum 
rate of pay regardless of whether the em- 
ployee is compensated oh the basis of a time 
rate or on a piecei'^ork performance. " 

At the proposed 35 hours of vork, this would mean minimum weekly wages 
of $10.50 to $14 with possible earnings of $12 and $15 during the 1933 
6-week peak: period. 

The differential of 10^^ per hour in hourly rates affected many 
different groups of employees who received less than 40rf in 192 9, 
for example, workers in southern mills or small town machine shop. 
This so-called 1929 differential was either a population or geographic 
differential, or both. (*) 

The FEA proposed a straight population differential for office, 
clerical, banking, service or sales employees (except outside salesraai) 
in any "store, office, department, establishment or public utility, 
or ajiy automotive or horse-drawn passenger, express, delivery, or 
freight service, or in any other rlace or manner," The wage proposed 
was, for 40 hours of work "not less than $15 per week in any city 
of over 500,000 population, or in the immediate trade area of such 
city; not less than $14,50 per week in any city of between 250,000 
and 500,000 population, or in the immediate trade area of such city; 
not less than $14 per week in any city of between 2,500 and 250,000 
population, or in the immediate trade area of such city; and in towns 
of less than 2,500 population" an increase "in all wages by not less 
than 20 percent, provided that this shall not require wages in excess 
of $12 per week," 

Inasmuch as the larger cities of the country are mainly in the 
North there is not so much difference as might be expected between 
population differentials and geographic differentials. Inasmuch as 
the rates less than 40i,-^ in 1929 prevailed mJiinly in small towns or 
southern states, the 1929 differential is mainly a regional differ- 
ential too. 



(*) It could be interpreted to cover also what we have called 
subminimum groups — vomen workers, negro vrorkers, etc., who 
were receiving less than 40(/^ in 1929. See Chapter XII, 

9603 



-223- 



Table 54 shov-s the use of these regiont-1 differentials in the vprious 
industry groups, The vp.rietj'- end size of diff erentipls nvill be dis- 
cussed further in the next chapter, 

Divisiongl differentials . — In the tpbulation of hours provisions, 
one figure was tabulated as hours of basic employees with considerable 
sacrifice of deteil. Inasnrach as provision has been made for taoulating 
tvo or more vrage rates for different areas, the same procedure is 
applied to tabulating different rates provided m different divisions 
of an industry or in different supplements to codes. (*) 

Subminimum rrtes . — Some 500 codes provided for one or more 
groups of workers to receive less than the minimum set for male pro- 
duction i^orkers. Old and handicapped ^porkers ■'-ere mentioned in 376 
codes; office boys and girls in 267 codes; learners or apprentices 
in 264 codes; female '"orkers in 159 codes; junior employees in 29 codes; 
some other subminiioum group in 44 codes. The use of each of these pro- 
visions in the various industry groups is sumnarized in Table 54 and 
the details of the provisions are given in Chapter XEI. Office workers, 
salesmen and watchmen had special "-age provisions in a number of cod.es, 
but these were frequently not subminimam rates. Table 76 lists 137 
codes with office rates lower than basic rates; Chapter XIII gives 
the details on these codes. 

Codes without subminimum rates . — Particular interest attaches to 
72 codes ^hich had no subminimum rates. These codes covered 11.6 percent 
of the employees under codes. Half of these codes had no differential 
but these 56 codes without subminimum rates or differentials covered 
less than 250,000 employees — only 1 percent of the employees under 
codes. 

As sho'^n in Table 55, the following industry groups had no codes 
without subminiiaam rates; Metals, Paper, Rubber, Leather and Graphic 
Arts. Fuel and finance had the highest proportion of codes without 
subminimram rates; Textile Fabrics with 11 and Fabricating i-'ith 9 
had tne largest number. 

The basic hourly rates of the codes without subminimum rates were 
as follows: 

Emplo3'-ees 
Flat minimum rate Codes (Thousands) 

25^ or less 

30-34rf 

35-39(# 

40^ 

45^ 

Total ^36 248.6 

(*) The divisional differentials are not to be confused with occupational 
rates. Some occupational rates were counted as wages above the mini- 
mum. Others were ignored in the statistical treatment; an example of 
this is the v/age of 35(^/32i-«f for employees in the operation of 
bleaching, dveing and printing equipment in finishing fabrics, added 
to Cotton Textile (Amendment l) , 
9603 



jC' 


2.5 


6 


62.1 


15 


48.5 


12 


98. 


1 


37.5 



224 






■ S^l{ 89XAJSS 

9308117 J 

ao^^oiuisnoQ 

SOTi'BoT.iqPi 

jtyr pno iemsai 

ie JOd<lT-s a X 7 ixs £ 

B f :t (pj-s axT^xa I 

pooi 



3-4Ctipojd :tS3ao£ 



OTTT«: 



TEaanTn 



^ 
S 

5 





o 

o 




^UdUldf ultjS 


CVI 




e- 










"S 




.Tenqng 


Jt 


Jv 










s 


s 




jsdaj 


CVI 


§ 


1 








t^ 


i: 


•013 


'BtBatmBno 


r*-» 



I (Vt I H I I 



I tn 1 L I 

iH^ K\M 1 

iTv 1 rj I I 

r^r^ I f-* I 

to I I ro I NN 

fH h- ,=J- i-l iH I fl I 



l-l (^ l-l 1 I fo 

r-l 
iH 



S< 5! 



Ill 
K\ I I r-( i to 

Co r*-\ K\ f* r^ 



h -H 

O 4» 

4^ Vi 



8 ^ 

Pi 



£ ^ 



u 4 



9803 



■a 



3 ^ 

<U 0) o V o 
McK p, t!J « 



r 



•4i a, « 3 O 



Wt KM^ItUHITlCMrti-l 

I I r-- CVI vo CO tn iTv u\a- i 

J* »H en 1 KVCTtVJJ OJ CVIJ* K\ 

I eviiHCU(Uf<K-ii-iir\cvj 

I I H I I H I CVI )-l iH 

I CVI I ill I I 1^ I 

I CM^-4Cvl^r^lU^l-^r<^^-l 

I r< i-l CM ir\ I v« I C4 i-l 

iH I iH l»^ CVI V3 CVI ^ i I I 



U3 \ <n rH i-t r-t r-* t^ 1 I I 



r-t I r- 1 tvi CVI I p^ r-cvi (vi 



irvi rHr-lf-ir*VCUp(^rHh" 



1^3 jt t— vo 
I I J* I <-l I^ I J» II I 



r^to »-( I cvlvDHO^fHu^cvJ 

1-4 r^ t~t fH 

v^ I irv!cuifvf-fi-i ?lC^K^ 



•««• l-« ;* 



I I I I I 



g f-i p^ i-i 



CVJI rOKViHi-lfHOiHl I 



r^ w pH r- r^v£ cvi r«- 3 t^ Kv 

*H CVJ iH CVI P^ 



.=1 






a % 



n -H a ^ o -H to 

d (^ *n ^t a Tj m *» ■*» 





$ 


o> 1 ro 


» 


iH 


•3 




•rl 


M r< rt 


s 




& 


sD 1 (M 


5 




T! 


K\,H 1 


o 




ti 




o 




o 


1 1 iH 


•a 




■•» 


Mjt H 


o 

4* 




u 




o 




•h 


•^-evj 1 






s 




rH 




C 


T. , ^ 


rO 




o 




01 




Dl 








SO 




« 


CVI ""* 1 


& 




■H 




sl 


f^f^ 1 


g « 


f-» '^' 


■H O 




4> ^ 


•Oh -< 


II 




'§«. 


_ rH -1 


o o 


:§ps. 


O <M 




h a 




ll 


&VO 5> 




■ 




n u 


f^ 1 t-i 


n 




tag 




(» 


P!,< °^ 


^■3 




♦> o 




■Ch 


^,~ -^ 


O fH 




»< O 


S- ' 


t^ 




o o 


CVI ^ cu 


m a 




tO-H 




«fe 


p« 1^ 


^: 




a\ o 




r-t Vi 


O 1 1 


h n 


r^ ' 


o « 




JJ "H 




■!» 4* 




9 «H 


^^^ 


^1 




St M 




•• Pi 




•H F 




la" 




sl 




VC 


m 


Is.- 


b 


5 h 


1 


i:i 


o 


o t> o 


» 


^ -a ^ 




n .^ 


■a 


^ t. • 


ats 


■c 


•a p. [H. 


« 


o a o 


fi 


h a> 


o 


d tl (4 




o o 


'3 


a o <H 


3 „ g 


|k8 

V M tt 


^ ■3 ^ 


o n ^ 

sl E 



^:5i 



225 



b 

■ 

I 



k 



a 



■spoo ivfjoiTuai 

COT ^«SJO»S 

noiiounsnoo 

Xajsddi axT V^9j 

•0TJii»j amisi 

poo^ 

•0^9 'BtvopnaTio 
Btsnpaid }<jjoj 

OTTTB^am-noH 



(\i m (\j 

O Cy r4 



OJ (Ts IT 



3 p^ 



cu ir\ IT 



lf\ KN r-t 

CO C\J v£ 



I rj t\) I r-* 

I I I I 1 

I nj t I I 

1 r-t ;S- cu I 

1-4 r-l I II 



r\j vn o iTi c\j ^ vi> 



I I I 

(U r-( r-l 
r< 1 I 



I I p4 i-l 



I I OJ r-l 

r4 I fH I 

H I I •-< 

1 tr\ I pH 

I I I I 

r^ ja- VO lf\ 



I 1 I I I 



I I r-l I 1 



C\J iH I 1 I 



I I I I I 



CU I I •-< I I 



I I C\J I I 



I I I I 



I I J^ I I 



II II 



I 1 I I 1 



I tH f I I 



I I I I I 



I r^ I i-l rH 



I I iH I 



I f-t I r 



r-t r^ OJ I I 



I 1 I I I 



C\J ir»EO lO ;* CM 



6h W & o en fc 



9803 



o 






:"^^ 
I ^t^ 



-3 



« 






♦» u"N o ir\ r^ o lo 
^ w K> P^ K\ jF^ 



^ a o ir\p in 



»< 7i -tt. n*. -to. -H. 

B *-* J t\J f^ f^ <D| 

■«* "^ "*>■ 

o o J m Q in Q 



•<>. IV N». ■**- "«^ ■**. 

r-Taf^ w Q ^ *H 

Cvi cj X* in i-t IT* 



^^"^ ^"^ 



-226- 



tvith differentials 


Codes 


Top rete 




Under 50(zJ 


1 


30-34^ 


11 


35-39 (t 


12 


40<# 


7 


45^ pnd over 


5 


Bottom rpte 




Indefinite 


2 


20-24^ 


4 


25-29(# 


9 


30-34(# 


14 


35-39,!^ 


5 


40c^ snc over 


2 



Employees 


(Thousanc 


is) 


291. 


,0 


1,019. 


,9 


385. 


,2 


52, 


,2 


615. 


,1 


49. 


.4 


730. 


,Z 


760. 


8 


335. 


,4 


18. 





470. 


5 



Total 36 2,564.4 

Some of these codes had "bottom rates so lo\'' that it seems 
douttful if the Administration could have approved a, lover rate for 
a subminimum group: 

Refractories 4Ail2'7h(t 

Motion Picture 40(i^/25<zf 

Concrete Pipe 37^^27^ 

Grain Exchanges , , -S637272 

Feldspar 35<^/25 

Used Textile Bag . , 32*^/27^ 

wiping Cloth 32-"fif/274-^ 

Petroleum - Filling Station ............ 31,2^/25(zJ 

Retail RablDer Tire 31(2^/25^ 

Advertising Distributing 30rf/27.5^ 

Excelsior 30rf/22.5^ 

Laundry Trades 30f*/l4(!? 

Hotel 27. 7^/23. 6)i 

Southern Rice Milling 25(^ 

The codes with a high rate rith no subminim'j.m present a totally 
different picture. The code makers in these industries apparently de- 
sired to maintain fairly high ^^age levels. Hoi^ever, the codes listed 
below covered only 3.3 percent of the euiployees under codes: 

Bituminous Coal 68. 9(^/51. 4i^ 

Household Goods Storage 60(^/30<# 

Carbon Black bbj^Oi- 

Bituminous r.oad Materials bO(j; I ^0(j; 

Oil Burner 45(^ 

Head,y wlixed Concrete 45^/35(# 

Liquefied Gas 40^ 

Anti-Hog Cholera Serum 40i;zf 

Cylinder Mold and. Dandy Roll 40(zf 

Wire Rod and Tube Dye .. . , 40(i^ 

9603 



' • « , 



Pipe Kipple _. 40^ 

Textile Print riOller 40^ 

Electric Keon Sign 40^ 

r.iver and Harbor Iinpr jvement 40^ 

iunercil Service 40i^ 

Foundry Supplj'' 40ijf 

Metal Hat Die 40c^ 

Legitimate Drrina 40(^ 

Overtime r £te.s.-- It ..last be remembered that eprnings depend not 
only on hourly r-^tes but also on overtime rates. The earlier chapters 
of this report on Eours Provisions discussed the penalty rates prescribed 
for certain overtime hours in various codes. (*) These showed that the 
rate of time and one-third was most irequently used, especially in 
industries ^hich had previously paid straight time for overtime hours. 
It was pointed out too in the discussion of shift limitations (**) that 
a few codes discouraged the use of the third shift by requiring higher 
rates. 

A few codes prescribed higher rrtes for the second shift than for 
the first. The Electro typing Code, for i'^.stance, required that: 

"The :3inimum rates for night shifts shall be not less than 
10 percent above the day rate. " 

As a matter of fact, higher rates usually prevail on night shifts in 
many industries, narticularlv where yomen d'othe job by day and men by 
night. ... 

At least two codes provided for overtime rates to compensate the 
workers for a short day. The Furriers' Supplies Trade Code, a supple- 
ment to the general T.holesaling code, provided: 

"T»hen an employee shall '-'ork for one-half or less the maximum 
hours prescribed for his class of employment he shall be paid 
at the ra.te of time and one-half." (***) 

The same provision occurred in the code for Collective Manufacturing 
for Door-to-Boor Distribution, but it '-as limited to "part-time employees." 
The Savings, Building and Loan Associations code provided that part-time 
workers should be paid 10 percent in excess 'of the hourly minimum 
standards. (****) 



(*) See Chapter IV for general overtime; Chapter V, Section III for 

overtime in peak periods, anc Section VI for overtime in emergency 
periods. 

(**) See Chapter VIIl', Section IV. • 

(***) Codes of i>'ir Coipetition, Vol. XI, p. -613, 

(****) A considerable number of codes provided that part-time employees 
should be paid proportionately. No count has been made of these 
because under the hourly rate provisions, part-time employees 
"ould. be paid proportionately, 

9803 



-233- 



Amenc'-iients . -- ' As rith the hours provisions, the code rrrovisions 
last in effect are taoulated in the various T7pre tables. It should be 
remembered that -v^^'e provisions ".-ere frequently amended; mininiuin rates 
were increased in some codes; safeguarding clauses were added in some 
codes; in other codes; special rates v.ere adoedfur particular eracloyees - 
sometimes for accve-the-:ninimuni groups, sometimes for submininum 
groups. 

Special mention may be made of four codes whicn increased basic 
wage rates by amendment. The original codes had contained a statement 
ths-t the code autxiority "^as to study the adequacy, of the code rates 
and make recommendations to the Afmiristrator. (*) 

The changes in the wage rates in the Gotten r^arment Cede accompanied 
the change from 40 hours to 36 hours. (**) week Tvorkers and time 
"'orkers ^ere to be -caid "not less than the same wage per 36-hour week 
that they ^ere paid per 40-hour veek. " Piece rates vere to be increased 
by not less than 10 percent over and above the rates prevailing as of 
May 1, 1934. 

In the ?aper and Pulp Inc^uEtry ^ages vere set as follows, 
November 17, 1953: 

Male laborers, etc. obd / 35(^ / Z0(* (according to 

Female " " 33rf/3Q^/30(# ( States 

with a 90 -oercent 1929 differential 
Other employees $15/$14. 50/$14/$12 according to 

population. 

The Executive Order approving the Code stated: 

"HOTevgr, f edlng that the minimum '^age for this industry 
should be not less than 40 cents per nour, my order of ap- 
proval is subject to the iollo--'ing condition: 

That '"ithin 90 days from, the effective date of this code 
the Administrator hold such :rurther hearing upon such notice 
as he, in his discretion, shall fix for .the purpose of determin- 
ing tne adeouacy of the minimum wages^ established in said code, 
after which his report and recommendation shall be submitted to 
ae fer further order which order shall have the effect of a 
condition to my a-oiDrovrl of this Code." (***) 



(*) See Chapter XV, Section V. , 

(**) Amendment 7, Codes of Fair Competition, Vol. XV, p. 591, See 
also Chauter II, Section II a.^ove. 

(***) Codes of Fair C9rnpetitior, Vol. Ill, p. 115. 



9803 



229- 



Such hearings nere held on i'ebniary 13, 1934 and on Fehruary 5, 1935, 
AiaendiTient 3 was approved, setting rptes as follows: 

Male laborers, etc, 40(+/37(#/32(^ 

iemale laborers 35rf/32,^/S0^ 

Office workers $16/S15/$14 (*) 

Two related Codes, Paper Bag and Transparent Materials, had 
been approved vith the same rates as the Paper and Pulp Code and the 
statement that if that code changed its rates, they also would change. 
Accordingly, the new rates were incorporated Isy amendments in February, 
1935, Only the northern rates ar-plied In the Trancparent Materials 
Code, 



(*) Codes of j'air Cora-oetition, Vol. XXI, p. 274 
9803 



-230-231- 

Sta'"'s and exemptions . — As with hours, the effective wage 
standards were sometimes lower than the code standards through the 
operation of stag's aiid exemptions. These consisted usually of a stay (*) 
of the miniraum wage in certain sections of the industry (equivalent to 
estahlishing a geographic dif ferentiaJ) or a liberalizing of the 
learner provisions — ■ increasing either the proportion of learners 
allowed or the period during which the siVbminimum rate could apply. 
These exemptions are discussed in more detail in the appropriate chap- 
ters. 

Executive Order Uo, 6205-B, approved July 15, 1933 (Codes of Fair 
Competition, Volurae 1, page 775) provided that persons who had not par- 
ticipated in establishing or consenting to a code and who claimed that 
application of the code was unjust to them might apply within ten days 
after the effective date of the code and the Administrator after a de- 
termination of the issues raised might stay the application of the code 
to the complainant and all similarly af "ected. This privilege was 
much used. 

V . ^TAG-ES^ I H THE LIAJOR CO gE_S , 

The influence of the major codes has heen seen in the figures 
already given for percentages of employees covered "by codes with dif- 
ferentials and hy certain minimum ra.tes. The wage provisions of the 
major codes are now examined in more detail. 

Tahle 55 presents the wage structure of each of the major codes 
and supplements which have different wage provisions. This shows that 
only seven of the 72 major codes had no differential in the wages of 
male production workers. As already mentioned, the Construction Code 
had a geographical differential in one supplement, Building Granite, ■ 
which is ignored since that supplement was tut a small part of the in- 
dustry. In the codes, as a whole, almost half had no differentials. 

If the minimum wage provisions of the major codes are compared with 
the minimum wage provisions of all the codes, the following table re- 
sults: 



(*) See also reports by Dan Poland on Sta3''s and on Exemptions. 



9803 








luinimiun 


All 


Codes 


Major 


Codes 




Y'-9'^^^£]J...?'?'^P. 


Number 


Percenta,e:e 


Number 


^.9Ii^9S-%M&^^ 


Ji.at, 


liinimum Rate 












Under 30^ 


8 


1.4 


1 


1.4 




30 to 34v^ 


30 


5.2 


— 


— 




35 to 3S^ 


67 


11.6 


1 


1.4 




40?! 


153 


26.5 


3 


4.1 




Over 4:Q(,i 
Total 


23 


4.0 


2 


2.8 




281 


48.7 


7 


9.7 


With 


Differential - 


Top rate 










Under 30^ 


6 


1.0 


3 


4.1 




30 to 34f 


49 


8.5 


20 


27.8 




35 to 39,p 


79 


13.7 


11 


15.3 




40 (^ 


132 


22.9 


19 


26.4 




Over 40f^ 
Total 


30 
296 


5.2 


12 


16.7 




51.3 


65 


90.3 


I/ith, 


D i f I e r en t_i_al_ - 


Bottom rate 










ilo limit set 


6 


1.0 


2 


2.8 




Under 20^ 


11 


1.9 


8 


11.1 




20 to 24^ 


51 


8.8 


22 


30.6 




25 to 29^ 


138 


23.9 


20 


27.8 




30 to 34c5 


66 


11.5 


6 


8.3 




35 to 39^ 


■11 


1.9 


4 


5.6 




40 (# or more 
Total 


13 


2.3 


3 


4.1 




296 


51.3 


65 


90.3 




Grand Total 


577 


100.0 


72 


100.0 



This table shows quite a different pattern in minimum wage rates 
in the major codes and in the codes as a whole. The major codes had 
a larger proportion of both low top rates (under 30;? and 30 to 345^) 
and high top rates (over ^Q/v) ; and a larger proportion of both low 
bottom rates (under 30(0 and of high bottom rs,tes (over 40(i) , all of 
this in terms only of number of codes. 

The major codes had the various types of subminimun rates in va- 
rying proportions - and in different proportions from all the codes, 
as the figures below show: 



Provision 



Female differential 

Learners and apprentices 254 

Old and Handicapped 32B 

Junior employees '"29 

Office boys" and girls 267 



All Codes 

Number Per centages 

159 "'"'27. 5 



45.7 

65.1 

5.0 

46.2 



Major Codes 

Namber Percentage 

13 16'.? , 

35 48.6 

S7 51.4 

9 12.5 

25 34.7 



This shows that the major codes made more frequent use of the learner 
and apprentice -Drovisions and jujiior emioloyees but less use of sabmini- 
mum rates for women workers, old and handicapped workers, and office 
boys and girls. 



9803 



» 



-233- 

VI. Smn.ARY; SOI. J] PROBLEMS OF VJAGES. 

This chapter has shown that the Administration approved code mini- 
raum wages for basic enp.loyees varj'-ing . f rem 15^ in Raw Peanut Milling to 
75^ in Print Roller and Print Block; codes with differentials and codes 
without differentials; codes with suhrainimum rates and codes without 
subminimum rates. Table 48 shows that more than 200 codes covering some 
millions of workers- had wage rates, which, fell short of the 40f/30^ stan- 
dards of the PRA. However, since the hours established in most codes . 
were longer than the weekly hours proposed in the PRA, 'the earnings on 
a full time weekly basis compared more favorably with PRA rates than did 
hourly rates. 

Less than 20 per cent of the employees under codes were in codes 
without differentials in the wages for basic employees; less than 12 per- 
cent were in codes without minimum rates; only 1 percent were in, codes 
with neither differentials nor subminiraa. The wage floor that the 13RA. 
was to set became a staircase - or a series of staircases. 

The problem will be clearer when we have examined differentials and 
subminimum wages in the t^vo chapters following. 



9803 



. -234- 
Chapter XI 

DIFFEEEITIALS IN BASIC -.TAGE RATES 

The preceding chapter illustrated the effect of differentials on the 
basic wage rates. This chapter examines the differentials themselves and 
reports on their number, type, and amount and then considers the problem 
of differentials. Later chapters will consider differfentials in other 
than basic rates. 

:' ..'' . ■ I. TTPES OF DIF?EREI'TTIAL'5 

As Table 57 shows in more detail, the codes with differentials in 
the minimum wages for basic employees have been classified in this s^^'U-'iy 
as: 

Geographic 156 

Geographic and population 36 - 

Population 34 

1929 18 

Divisional 5 

Geographic and divisional 18 

Geographic and other combination 19 

Geographic differentials . - Geographic differentials occurred in all 
industry groups e::cepting Suboer, Einaiice, Recreation and Territorial 
codes. They were the predominant differential in all groups except Metals, 
Graphic Arts, Transportation, and Service Trades; in all these latter 
groups, except Graphic Arts, they are exceeded only by some combination 
of differentials including geographic. 

Definitions of North and South, - Most of the geographic differentials 
were North and South differentials. The first code with a geographic 
differential did not define the "northern and southern divisions of the 
industry." The Cotton Textile Institute proposing the code intended cer- 
tain definite regions, however, and these were followed in the administra- 
tion of the code, despite the anamaly of counting Indiana as a "southern" 
state. The next code approved with geographic differentials. Wool Textile, 
listed the Mason and Dixon Line as the dividing line. Most codes enumerated 
certain states - or parts of states as constituting the southern area. (*) 
The Wood Cased Lead Pencil code had a 6^ (Z6ti/ZQ(i) differential for Tennes- 
see - perhaps the only southern state in which that industry had an estab-> 
lishment. 

In the Cotton Garment code, the northr-south line was fought over in a 
number of special hearings with United States Senators, Congressmen, mayors, 
and secretaries of cliarabers of commerce from the border regions making 
impassioned pleas for preserving traditional advantages. The code as sub- 



(*) See the book of maps "Geographic and Population Differentials in 

the Minimum Wages" prepared for the Hearings on Employment Provisions 
of Codes of Fair Competition, National Recovery Administration, 1935. 



9803 



235 



noTlB8jo9H 



3 'OiB 'aO'H'SiJOdBIIBJJ 









o 

A 

a 

•a 



jtij pna jeqiBBi 

aoTiqpj-ooxilxoi 

pool 

axBopnBqo 
a^anpoj,! ^aajo^ 

OfXtB^am-nos 

1^*01 



3 S 



f^ r-t 



^ 



r«^ cu r- I I I viJ 10 

W in ir» I I r ^ k> 

r^ rH J* I I 

I I I r-l 

LTV I I r I 

:t i-t r<\ r4 t 

I ITN OJ I I 

H ^ I rH I I I K% 

I CO I rO I r-l CM ja- 

rH J- rH I rH I I h- 

r^ rH rH I I rO I CO 

rH rH 

rH ^ I I I CU I r- 

r^ rH 

od ^ ir\ 1 rH J* w to 



r I I rH I I I rH 

I VO I I I I C\J CO 

,-i rH 

I o I t cy I CU J- 

H h- t I I I rH O^ 

rH K\ I I I I I 

I CU M^ C\J t K\ rH 

I K\ I rH I in I 



:si 






I 



HO 

9 



a K> a 

OHO 
•H ^ ^ 

(S a ol -H -H 
P MP o^ -H -rt 

p4 O p« CU > > 
O O O <T\ ^ *< 

Oi o di rH o n 



t I I OJ I I rH I 1 

'J>r«^CUrHe\irHrHC\J IT 

CU CU VJ> (H rH rH I I rH 

t KN rH rH iH rH I rH IT 

I I rH CU I I rH I I 

J^ r I rH I I I I I 

rHirHCUrUf-lrHrH Jt 

I 1 1 C\J CU I CU rH 

I rH I rH rH I I I r^ 

I OX r*^ ijr\ j± rH CU I 



I J^ I CU I I rH I 



IT J- I rH I I I 



intCUrHtll ITJltrHIII 



I r^m rH I III KD 



I I rH I I I I i f 

I M^ O r*-^ I Cvl I I CO 

f^ rH 

I mm I rH I ^*^ I cu 

H 

I ^ CU rH I t i-i rM GO 

I I I rO I I I rH K^ 

I 1*^^^ r— ^ m ir\ rH (t 

rH r^ 

I I i~t fi r-i i-i r^ ^ CO 



mf*%-4' ^S) Q "^ r-\ f^ <rcoK\QcorH ^<^vu 

M P^\0 m^rHCUrH r<^h-'^^CVIrHfH 



I I I I I 

rH I ja- I 
^x> ir\ I I I 

CU rH t I rH 

1 I I I I 



CU I I <H rH 



<J> fn J- t^ rH rH 



Jt C\i I I II 
M 

m in m rH l rH 

rH CO rH in rH I 

rH 

I II I II 

t*\ o in t 11 

K^ VJ3 rH I I CU 
r^ CU rH I I rH rH 
I I CU I I I rH 

1*% w) 00 rH inj* I 

I ,H rH CU rOrH I 



I 



'B 

o 



9 
5 



3 ^ 

fab Cm 

O O 



U At-, 

o b p 
o p, ^ h o 

♦» O <D rd 

fltn 

■r* ti -tt. © rH W rH 

Vi In O C^ Pi Qt 

O O P< I fri 

Xf TJ I ti. 1». 0" 

fl fl ts- o rH in > 

l-l P irWO r~* r-t 1-* O 



o p 

P< O 



o 

a 

■P o 
o p, 






i 

O O 
^ Pi 

ir»»js 



o 



■^ 14. O 
O rH trt > 
rH .H H O 



1 
rH 

1 
t 



I 



o 



I 



98Gli 



• 

5 ° 



& 5 

£> a 

o h 

•H 

o 

43 Q 

O -H 

a > 

^ _ o 

->» tS rH 

■H ■»» 
U 

© •rl O 

*> A U 

2 §•£ 

a ° 

O SlfTi 

« - (XV 

»< a rH 

^ o 

ii ■r* -a 

a g.| 

d Pi o 

O -H 

H (H a 

■♦> O -H 

CU > 

H a -H 

P « t3 

g-a . 

ft o o 

rH 0>3 

g. 

1 I & 

•^1 a 



^:si 



-236- 



mitted for approval November 17, 1933, set as the northern boiondary of 
the southern section the northern boundary of Virginia, Tennessee, Ar- 
kansas, Oklahoma, -Texas, and ITew Mexico: 

" except that for a period of not to exceed six months after 

the effective date of this Code the northern-section- provisions of 
this Article shall not apply to factories operating under this Code 
which have been established between January 1, 1933 and September 1, 
1933, in the area within 5'^ miles of the northern boixndaries of Ten- 
nessee and Arkansas." 

The Executive Order approving the code further stayed this line: 

" as to members of the industry located in the State of 

Kentucky and those counties in the States of Illinois and Indiana 
which border on the Ohio River for such period as the Administrator 
shall determine, which oeriod shall not exceed four months from and 
after the effective date of the aforesaid Code of Fair Competition 
for the Cotton Garment Industry, that during such period the said 
members of the industry located in the State of Kentucky and in 
those counties in the States of Illinois and Indiana bordering on 
the Ohio River shall be included in the southern section of the 

industry and that prior to the termination of such oeriod, 

the Administrator shall determine the classification of the said 

area for the purpose of said Code of Fair Competition for the 

Cotton Garment Industry. "(* ) 

After an investigation by the Administration and a public hearing on 
the subject, north and south were defined in an Administrative Order, 
March 13, 1934: 

"Sections of the country referred to as north and r^xtn. shall bs de- 
■■■ iteniindd' byla-.liae kuowH as" the 38°' latitM© paral^fel-ruDning- fro6 
the eastex'n secaboard to the eastern Kansas line, thence south to the 
Oklahoma line, thence west along the northern boundaries of Okiahoma, 
Texas, irew Mexico, and Arizona, thence following the western bound- 
ary of Arizona to the Mexican bor.der. This dividing line shall have 
full force and effect un to and including September 1, 1934. 

"PROVIDED, however, that prior to July 1, 1934, the Code Authority 
for the Cotton Garment Industry shall submit to me a complete re- 
port after investigation upon which a determination 'can be made as to 
whether or not there should be created a differential between urban 
and rural localities or otherwise. .."(** ) 

The Paper and Pulp and Paper Board codes had a Central as well as 
Northern and Southern Zones, with minima of 38/35/30. The Southern zone 
included eight states, Texas to South Carolina; the central zone seven 
states, Delaware to North Carolina, and the District of Columbia; the north- 
ern zone, all the other states. 



(*; Codes of Pair Competition, Vol. Ill, p. 77 

(**) Administrative Order, No. 118-32. Codes of Pair Competition, Vol. 
VIII, p. 866 

9803 



( 






-237- 

Examples of regional differentials . - In some codes the differential 
was between regions other than north and south. For ' example, the 
Millinery Code stated: • ^ 

"1. For the purposes of this Code, the United States shall "be 
divided into four areas, as follows: • - 

(l) Area "A" shall include Greater Hew York -and the territory 
within a radius of 50 miles from Coluintiis Circle, except that it 
shall not include' any portion of the State of Connecticut. 

(b) Area "B"' shall include the city of Chicago and the terri- 
tory within a radius of 100 miles of the City Hall of Chicago, and 
shall also include the States of Pennsylvania and Connecticut and 
such portions of the State of JIgw Jersey art- n«^-i^'?ladea in ■ 
Area "A". 

(c) Area "C" shall- include- the States of Mi-ssouri, Kansas, 
and Ohio. 

(d) Area "D" shall include all other portions of Contin'ental 
United S'tates not included in Areas "A", "B", and "C" as defined 
above. '• • -. ' 

Popula t ion Differentials. - The population differentials in basic 
rates (*0 , are mainly in the gi"oups covered by the proposed PEA 
weekly rate with population differentials; Transportation, Fingince, 
Service Trades, and Distributing Trades. -The 34 populati-on differentials 
included 13 "indefinite" differentials in Finance and Distributing codes, 
following the PR A pattern of no lower rate set. In basic- rates, the 
population differential occurred more frequently in combination than 
alone. (Table 57). ' - ' 

Population and geogra-phic differentials.- - The codes with both 
population and geographic differentials represent a variety of combinar- 
tions. The Machinery and Allied Products code had a population -differ- 
ential of 4(^ in the Horth - 4Q(p, 38^, and 36^ in different sized cities - 
and a geographic differential of 4^^ to 8^, since the -rate for all emr- 
ployees in plant operations in. 12 southern states was 32(f:. In the Trailer 
Manufacturing Industry the 5^ differential applied to communities of less 
than 50,000 population and to the states of North Carolina, South Caro- 
lina, Georgia, ' Alabama, Florida, Tennessee, Mississippi, ahd Louisiana, 

In some codes population and geographic .differentials were separate. 
For instance, in Importing there was- a population differential of $1 a 
week ($15 in cities of- 500, COO or more; $14in other places) and a 
geographic differential of $1 a week less in the District Qf Columbia, 
and 15 southern states which incidentally have no cities of 500,000. In 
other codes population and geographic differentials were inseparable. 
For instance, the Farm Equipment code provided' for --three different re- 
gions: (1) cities^ of 1,000,000 and their irimediate manufacturing -area 
(which are all in the llorth); (2) 12 southern states and a,!! tovms of 
less than 15,000; (3) all the rest of the United States. 



(* ) See Chapter XIII, Section II, for population differentials in 

office rates. '' ■ • ■ "'■ ' ' " - 

9803 



-238- 

Household G-oods Storage and Moving provided for 6 rates - 30(i? to 
60^ - in 14 regions and 4 e:ctra zones, as follows: 

Hegion ITo. 1 - New England, 45(!f 

Region ITo. 2 - New York City (except Staten Island), 

Westchester Co-un by and Long Island, SOf? 
Region Ko . 3 - Ne'" York State (except Region No. 2), 

New Jersey, Pennsylvania and Delaware, 4:5(f; 
Region no. 4 - Maryland, District of Coluiiibia and West 

Virginia - 40(#, except that in cities of 200,000 or 

more and the iraraediate trade areas thereof the rate 

shall be 45^. 
Region No. 5 -^ North Carolina, Virginia, Kentucky and 

Tennessee, 35^ 
Region no. 6 - Zone A; Alabama, Mississippi , the City 

of Orleans, South Carolina and Georgia, 30^, except 

that the minimum rate shall be 35,^* in cities of 

50,000 or more and the irrmediate Trade areas thereof; 

Zone B; Florida, ' 35(^. 
Region No. 7 - Ohio, Indiana, Michigan, Wisconsin 

(except City of Superior) and Illimois (except 

the Metropolitan District of Chicago), 45(# 
. Region Na 8- The Metropolitan District of Chicago, 60^ 
Region -No. 9 - Minnesota, North Dalcota, South Dakota, 

and City of Superior, Wisconsin, 40^ 
Region' No. 10 - Iowa, Missouri, Kansrs and Nebraska, 40jz? 
Region No. 11 - Oklalaoma, Texas, New Mexico, Arkansas, 

and Louisiana, except the City of New Orleans, 35,^ 
Region No. 12 - Wyoming, Montana, Colorado aJid Utah, 40^ . 
Region No. 13 - Idalio, Washington and Oregon, 40(p 
Region No. 14 - Zone A: Nevada, ' California, 55^; Zone 

B: Arizona, Ad(f; 

1929 differentials, t It has already been pointed out that a 
19 29 differential may be interpreted as a population differential, a 
geographic differential, or both. In some cases it was definitely 
used as a geograpiiic differential. For instance, the Limestone code 
varied the usual 1929 formula (italics are the present author's): . 

" Except that in the states listed below where the 
established rate of pay for the same class of work 
on July 15, 1929 was less than 38^ per hour, the ■ , 

hourly rate siiall be not less than that of July 15, 
1929, and in no event less than 30(# per hour. 
■(Alabama, Arizona, Arkansas, Florida, Georgia, Ken- 
tuckgr, Louisiana, Mississippi, New Mexico, North 
Carolina, Ohio (south), Oklahoma, South Carolina, , ■' 
Tennessee, Texas, Virginia, West Virginia.)" ; 

The Electrical code included a provision that "the minimum rate of 
wages provided in this article shall apply to all employees in all locals 
ities, unless the Administrator or his representative shall fix a lower 
rate for particular localities." However, "this article" had a 1929 
differential which could certainly be used as a regional differential: 

9803 



-339- 

"40(* per hour -unless the rate per hour for the same ' 
class of labor was on July 15, 1929 less than 29(^, in 
which case the rate per hour paid shall be not less than 
the rate per hour paid on July 15, 1929 but in no event... 
less than Z2(j: per hour. " 

Seven codes added a 1929 differential to a geographical differential. 
For instance, the Chemical code with a geographical 40(#/35(# minira-um rate 
had a 1929 clause reducing it to ZOcf:! 2'o(j;, The Paper Board code with 
geographical 38^/35^/30^ minimum rates had a 1929 clause reducing' the 
rates by 10 per cent. The Fabricated Metal Products code had a 1929 
clause in the southern wage district only; its minimum wage was 40(^/35j# 
unless the hourly rate in the southern district July- 15, 1929, was less - 
but not less than 28(zf. 

G-ray Iron Fouaidry had four geographic regions, a population differ- 
ential in the northernmost region and a 1929 differential in the souths 
ernmost region. This provision was as follows: 

"(1) For the States of North Carolina, South Car- 
, olina, G-eorgia, Florida, Alabama, Mississippi, and: ■ 
Louisiana, 28^ per hour, or the rate in effect 
July 15, 1929, whichever is lower, but in no event 
■ less than 25^ per hour. (The optional use of July 
15, 1929, rate applies only to the foregoing. speci- 
fied territory. ) 

"(2) For the States of Virginia, Tennessee, Arkan- 
sas, Oklahoma, and Texas, 30(# per' hour. 
"(3) For the States of Delaware, Maryland, West Vir- 
ginia, and Kentucl:y, 35^ per hour. 
"(4) For the remainder of the United States, the 
minimum wage which shall be paid by any employer to 
conmon labor in the Gray Iron Foundry Industry shall 
be as follows: 

"In metropolitan districts and cities having a popu- 
lation of 25,000 and over, 40^ per hour. 
"For cities, towns and political subdivisions not in- 
cluded in any metropolitan district, having a popu- 
lation of less than 25, JOO, 37^ per hour." 

Divisional differential . - The divisional differentials - alone or 
in combination with geographic differentials occurred mainly in Metals, 
non-Metallic, Food, and Apparel codes. 

Some of the divisional differentials were simply rates for different 
productions. Three examples of these are listed below: 

(Commercial Fireworks SVg?^ 
Pyrotechnics (Display Fireworks and 

Code (Fase Division 40(# 

Shoe and Leather (Shoe and Leather Finish • . 

Finish Code (and Cement Division 40?J 

Shoe Polish Division 37-|^ 

9803 



-240- 

?ar Dressing and Other than rahhit 65^ 

Far Ir/eing Code Rabh i t ' skins 50^ 

Most of the divisional differentials were com'bined with geographic 
differentials. Su-ca were the differentials in the mining codes described 
in Chapter X, Soue of the geogrtxphic rates were effective in one divi- 
sion of the industry only. These are counted as divisional and geographic 
differentials. For instance: 

" Light Sewing 3^^, except Fabric Auto Eqyipraent Division 
30,1^ in 13 southern states and D. C. 

" Preserve. Maraschino Cherr:/' and G-lace Fruit . 40^ except 
Preserve Division in the south, 35rf, (different 
female differential also) 

" Horseshoe and Allied Products . 40(^5 per hour excepting 
Horse Shoe Kail 30(^ in 9 southern states (female 
differential in Horse Shoe Nail Division also). 

Feed Manufacturing had a rate of 40^ in the north, 25^ in the south, 
35(# in the milling of alfalfa, presumably in the north only. Other codes 
had a divisional rate which cut across the geographical rate: for 
instance, the Ice Cresra Cone Code, 40(# except Rolled Cone, 37i(;#; 2|-c less 
in 13 southern states. 

Dry Color is listed as having divisional, population and geographic 
differentials. Its code provided for a 40f- rate in cities above 350,000, 
a 36^ rate in other plants, except for manufacturers of Earth Color in 
communities of 6,000 or less in four southern states, 300. 



9803 



..-241- 

■ •■ , II. AmOUFT of ,DII'FEIl£NTI..^S 

As Table 57' shows,, the amount of diffe.rential vj^ried greatly from 
code to code: Irhva ih^ in Pecan" Shellint'--; (ib^-ji - 15ji^) to 40;4 in Wrecking 
and. Salvaging, (70(^/30^), In 5^ intervals, the differentials group as 
follows: ■ , ■ . 

Under 5<p per hour ' 73 

. . 5^ per hour 54 

.6 to 9^ per hour '....... 56 

10i;# per hour , , . , 40 

11 to 14(zf per hour " 15 

15(!J per hour , , 21 

Over 15(^ per hour 13 

Indef ini te 13 

Differentials of 15i^ or more , - The larger dii"f erentials are i''ortth 
examining in detail. Table 57 shows 13 over 15(^ per hour. These were 
as follows: 



Code 



Highest rate 



Lovrest rate 



Wrecking & Salvaging 
Bituminous Coal 
Builders' Supplies 

Household Goods Stor- 
age Moving 
Fishing 



Retail Solid Fuel 

Lumber and Timber 
Products 



4 Metals codes (ivian- 
ganese, Copper, Lead 
and Zinc) 

Refractories 



Laundry 



70^ in New York City 

69i;# in Montana 

GOd: in ¥.ev York City 

'50(^ in New York City 

and Chicago 
53(# Middle Atlantic 

Preparing & Vihole- 

saling Division 
50(i in New York City 

and Chicago 
5d(^ in Metropolitan 

New York City and 

Chicago Wood Work- 
ing Subdivision of 

Woodwork 
47^^' for underground 

labor in north- 
western wage 

district 
44(# in Pittsburgh and 

Salina, Pa, and " 

Files, Ohio 
30;^ in cities of 600,000 14^ in 9 southern states 

in certain northeast and parts of 3 others 

and western states ' 



30(f: in 8 southern states 
51^ in 8 southern states 
25(j in cities of 75,000 or 

less, in 15 southern states 
30(i in cities of less than 

50,000 in 6 southern states 
29(# in the basic code 



25j# in 10 southern states 

23^ in southern division of 
certain product divisions 
of Southern Wooden Package 
and Veneer and Plywood 
divisions. 

30^ for surface labor in 
southwestern wage district 



27-t^ in 10 southern states 



It will be seen that' many of the Targe differentials occurred in 

codes which had nation-wide distribution - s.ervicTe codes,' li'ke Laundry and 

Household Goods moving; retail codes lilfe Retail Solid Fuel and Builders' 

Supplies; or wide-spread manufacturing like the Lumber and Timber Products, 

f - 

Twenty-one codes are liste'd as havine a 15(# differential. These 



9803 



-243- 

included nine codes '^'ith a 40^/?5!# geographic differential (iron and 
Steel, Crushed Stone, Soft Lime r.ock, Sand Lime Brick, Clay Roof and 
Tile, ViTood Preserving, Fertilizer (*), SteeL Castinc;, and Reinforcing 
Iilaterials) ; eight codes '.-rith a 40(#/25(^ rate ana some other kind of 
differential: Grav Iron.i'oundry (population, geographic, andT929); 
Canning (population, . geographic and' divisional) ; Chemicrl -.lanufactur- 
ing (geographic and- 1929).; Tracking (population and geo^jraphic) ; 
Motion Picture (popula.t.ipn and divisional); Peed and Talc and Soapstone 
(divisional and geographic), and Graphic Arts in Hawaii (1929); and four 
codes with higher ratesi . Carbon Black 55(zf/40(j^ (geographic); Fur Dress- 
ing and Far l!yeinf^-65^/^0(f, accofdin..- -to kind of fur; neady Mixed 
Concrete and Retail Lumber 56(zf/35(# (population and geographic). 

The codes with indefinite differentials had large differentials 
as is shown in the table telow: 



Code 

Wholesale Tobacco Trade 

Retail Tobacco Trade 

Industrial Supplies Trade 

Bankers 

Mutual Savings Banks 

Stock Exchanges 

Investment Bankers 

Retail Trade 

Jewelry Trade 

Farm Equipment Trade 

Surgical Distribution 

Toll Bridge 

Retail Food & Grocery 

In these codes, a rate less than the lowest rate specified might be 
paid employees in towns of less than 2500. As a matter of fact, a small 
employer in a town of less than 2500 could pay less than the code minimum 
in any retail trade or local service trade, according to Executive Order. 
(**) 

Amount of geographic differentials .- Geographic differentials 
occurred alone in 165 codes and in combination in 73 codes as shown in 
Table 57, Tabulating only the geographic differentials (***) gives the 





Lowest 


Highest 


Specified 


Rate 


Rate 


40(zJ 


27^^ 


38-3/4(2^ 


18-3/4^ 


37y 


30(!f 


37i^ 


30(# 


37^^ 


30<# 


36,3^ 


27, 2# 


36,3^ 


27,2;# 


35^ 


18-3/4(# 


35^ 


18-3/4;# 


35(!J.. 


18-3/4^ 


35^ 


■ 18-3/4^ 


35(#. 


28 


31^ 


18-3/4^ 



(*) The geographic differential in continental U»S, was 15(^, If Puerto 
Rico rtre included, the differential would be 20^'. 

(**) Executive Order No. 6710, Kay IP, 1934, Codes of Fair Competition, 
vol, X, p. 952,' See more cetailed discussion of population differ- 
entials in Chapter VIII, section V. . , 

(***) In 23 cases of combinations, .the geographic differential was as 
great as the total differential. 



9803 



Geo,2;raphic 


Total 


78 


73 


63 


64 


40 


56 


28 


40 


11 


16 


13 


21 


6 


13 


— 


13 


239 


296 



-243- 



distribution by amounts shown belov in comparison with the distribution 
of the total difi erentials: 



Under 5^ per hour 
5^ per hour 
6 to 9^2? per hour 
10(i per hour 

11^ to 14(# per hour 
15^ per hour 
Over 15^ per hour 
Indefinite 

Total 

The median of the geographic differentials is thus seen to be 5^; the 
median of the total differentials, 6 to 9^. 

Differentials in relation to top rate ,- When the differentials are 
grouped by the top rate provided in the code (Table 58), it is seen 
that not all the larger differentia-Is are in the codes Tvith the highest 
top rates. Of the 55 codes with a top rate under '25(i:, 33 had a 
differential of less than 5^ but five had a differential of 10(# or more. 
In the 79 codes with top rates of 35 to 39^, the largest number (24) had 
differentials of less than 5i^ but 11 had differentials of 10^ or more, 
and 11 had indefinite differentials. In the 131 codes with a top rate of 
40^, the differential occurring most frequently was 5(^, in 37 codes. 
Fifteen of these 40i;# codes had differentials of less than 5(^; 29 codes, 
10(^, and 23 codes, more than 10(#, Even the codes with a top rate of more 
than 4:Q<^ (32 codes) included Automobiles with a differential of 3^ 
(43^/40(i) and three codes with a 50 differential, Ho\7ever, 14 of these 
codes had differentials over 15(#, 

III. DIFFERENTIALS IN i^^lJOH CODES 

Chapter X disclosed that four-fifths of the employees under codes 
were in cod ts with differentials. This suggests that differentials 
abounded in the major codes. As a ma.tter of fact, all but seven (*) 
of the major codes had some sort of differential for basic employees. 

Type of differential .- The major code differentials contained a 
much larger proportion of population differentials, combined population 
and geographic differentials, and other combinations of differentials 
than all the codes, as the following figures show: 



(*) The seven major cod.es without differentials in basic minimum rates 
were Rubber Manufacturing, Dress Manufacturing, Daily Newspaper, 
Construction, (differentials in t'^o supplements ignored), Alcoholic 
Beverage Wholesale, Motor "Vehicle Maintenance, Needlework in 
Puerto Rico, However, the Dress code had regional differentials 
in its very comprehensive schedule of wages- above the minimum. 



9803 



< 



( 



244 







s 



3 



S 



CO & 
UN " 



s 

e 

••» 

I 



•spos '[•T'o^'tuaj 

sepsj} •O'txiss 
aoTVtajsss 

■Vn STqdgjf) 

fOJ PB9 JST^Vei 

tM«ddB-e*XTtxsi 
•OTJqpiJ-aaXTVcsi i* 



I I I (u ■ I iH I ni 

.Or<-iniiHCMi-lr4CVl 1^ 

CU CU sO fl <-l I-l I I ,D 

I rOfH F^ i-( r4 t H ^ 

I t (^ N I ■ r-l I >-l 

iTjLd- I I >-« 1 I 1 I I 



pooi 
taaadTObi 

3TXX»»8n-aoii 



•# 



I I I iH ni I cu ni I 

t iH I l-l r-l I I I I 

IOM<->ir\^HNI J* 

I J I (VI I I fH I I 

I UN I rj i-i I I 1 r- 

I l^fNrt I I I I iH 

<-< i-i 

i;3'(\:j3'j4-HnifH vA 

I ^ O^ vo c\j I I I 

I I <-< I I I I I t 

I l<Nq K\ I M I I r* 

lUMTNl iHIKNI i-l 

IJ-Wr^ I Ir-liH fO 

I I I X> I I I I-l >H 

I K\vi> t-- ^ lfMf\ 1-4 I 

iH i>-3 ir> J r4 ni i-< itn 



I f-< rt iH >H a- 



I I 

■ ;» 

I I 
I i-t 

I N 
I I 






I W K> 



r\ 1 1-4 I 

H I-l OJ I 

I H I r-l H I 

I I M -t 

■rvb- I I M 

KN^ I iH f-l 

1 I t I 

I I-l I fH 

I to I-I iH 

I d- I I 

I VO I I 

I N lO I 

I 1-4 H I-l H I 

I I CU I 

till 

I I I-l 1-1 

I ni ni I 

r" I CM iH I 



I I I I 



I I I 

-I I I 



I I rH 
H I I 



III CD 



I I ••< I 



N I-l I-l H 



1 I I 1-4 ni I iH f 



I II I r-l I I 

I CM (VI ^ ^ I-l M 



I I I f-l I I I CVI 

I CVI I (VI H I I 

I I I I-l I I I 

I r4 W I h^ I (VI 

I KNW * J* (VI I K^ I-l 

I I n I I I I 

I (VI cr> CVI I iH I 

I KNCVI I I-l I CVI H ' 

I I fH i I I iH 

t I I I I I I 

I eVJ to iH ON I-l ITl 



I I 

I-l (VI 

t I 



I-t (VI 

I I 

I > 

H I 

I t 

I I 

1-4 I r^ 

I I 

I 1 

I I 

H I 



a-a- a- (u ^ r|> 



9803 



c u 

4» « 

» <H 

h Vi 



g 






















^ 


h4 






» 






3^ 










s 


S 






t^ 




* 


m 










h 


:a •> 






u o 






o e 


• 








O tt 


|5- 


* i 








s» 




4» 
•1*. -4 ■<». 

35"^ Si 




I 




O Q> ^ 

e OS 


1^8 S 


o 




%< h 




O 


Vi h o 


<H (< 




o 




? » ° 5^ 


O 4> 


»4 


o « « 




o 


e 4) « o •** 


• SO e 




♦» 




■^IH 


?i^ ^S 


»? 


« •SI 


» 


'» 


?3I»:^S3 


■tj •0 tJ «» 


S 


iH 


» 


''-.♦•SiH?; 


o w e> 


iH O 


h » f 


^ s 


I-l 


f-4 


f-t 


O to -i3 »-l I-t iH 


1 






§* 






§• 


& 








1 


O 






E4 






E4 


e4 








n 



-S45- 



Kind of ■ Differential 



All Codes Hajor Codes 

Fuuber Percent EHiiaber Percent 



G-eogrp.phic 




166 


56.1 


21 


32.3 


Population 




34 


11.4 


11 


16.9 


Geoe;raphic and 


population 


36 


12,2. 


■ 1& 


24.6 


1929 




18 


6.1 


•4 


6.2 


Divisional 




5 


1.7 


— 


— 


Geographic and 


divisional 


18. 


6.1 


4 ■ 


6.2 


Geographic an<5 


other com'oination 


19 - ' 


6.4 


9 


13,8 



Total 



296 



100.0 



65 



100.0 



■ Amount of differential .- Not only v^ere there more differentials in 
major codes than int3.?-.ailer codos'tut the differentials -eepe-larger in 
amount. In all the codes, almost 46 percent of the differentials were 
b(f; or less; in the major codes, 30 percent were 5^ or less. In codes 
in general,' only 16.5 percent of the differentials were 15^ or more 
(including the indefinite differentials); in the. major codes the 
percentage was 29.2/. The'figtares follo'^-r 

All Codes Major Codes 

Hourly differentials 



Under 5(# per hour 
5^ per hour 
6 to 9(^ per hour 
10;^ per hour 
11 to 14(# per hour 
15^ per hour 
Over 15^ per hour 
Indefinite 

Total 



I'Turaher 


Percent 


Number 


Percent 


73' 


24,6 ■ 


•■ 16 


24.6 


64 


21.6 


4 


6.2 


55- 


18.6 


13 


20.0 


40 


13,2 


6 


9.2 


.16 


. 5,4 


7 


10.8 


. -21 


.7.1 


8 


12.3 


15 


5.1 


8 


12,3 


13 


4.4 


3 


4.6 



296 



100.0 



65 



100,0 



The situation with differentials is similar to the situation in 
hours elasticity. The major codes had much more elasticity than the 
general run of codes. The majority of the employees under codes were 
covered by codes with larger differentials than the differentials 
prevailing in the majority of the codes, 

IV. THE Fr-03LEI/i 0? DIj?SivE!TTI/JLS 

There were regional differentials before NM, but the NRA gave 
them the force of law... The Malleable Iron code, for instance, stated: 

"It is recognized that geographical ■'^age 'differentials have 
existed in the Industry. Jor the purpose of providing for 
geographical wage differentials, the United States is divided 
into two districts" (which were then defined). 

^TBA justification ^of the differentials .- Various reasons were 
urged for the geographic differentials in the hearings. In recomiaending 
the Cotton Textile 'code^f or approval with such differential the 
Administrator explained: 



9803 



-246- .. 

"The differential between Korth and South has developed in part 
from the practice oi furnishin;:; hjusinfi at much less than cost . ( * ) 
far more common in the South turn in the North, " 

The Administrator's report on the Cotton Garment code cited a 
different reason: 

"The South which is entitled to a differential is not the historic 
South, the climatic South, or the Solid South, It is the South 
in v/hich labor is less productive than in the Forth . ^ line can 
be dravm intelligently only if data on lo'^^er productivity are 
available." (**) 

The introduction to the Salt code cited still another reason: 

"You rill note thpt there is a wage differential provided for 
North and South, as i^ell as for male and female labor. These 
differentials are not based on sex, race, or regional grounds, 
but solely on the basis of: the kind of work performed and the 
varyinis; cost of livin^;; . Operating practices in this industry 
differ in marked degree in various parts of the country 
because of ... .. the tyoe of community in which the salt 
production has been carried on . "(***) 

Similarly, in the Leather code: 

"The North-South differential, although it is not as large as 
that created in the Steel, Lumber, and Shipbuilding codes, is 
greater than the differential proposed in tue Cotton Textile 
code, and a few others. The 7-^(f; differential in the Leather 
code is, in our opinion, the smallest differential which could 
be imposed without running a |£,Tave risk of closing down a 
substantial portion of southern tanneries and forcing all 
southern tanneries to discharge their present negro labor an d 
substitute for it more competent labor (i^'hite) which is avails - 
able in their comirrunities . We feel that a higher minimum in 
the South would work a grave injury to the negro and we should 
like to avoid it." (****) 

The Administrator's report on the -Boot and Shoe code defended 
population differentials in wages for male workers: 37^^ in cities over 
250,000 papulation; 36^,^ in cities between 20,000 and 250,000; 55.;!? in 
towns of less than 20,000 and all southern cities and towns (females 5(# 
less in each classification): 



(*) Italics in tiiisand the following quotations are the present author's, 
(**) Codes of Fair Competition, Vol, III, p. 86, 
(***) Codes of Fair Competition, Vol, I, p. 278. 
(****) Codes of Fair Competition, l-^l. I, p. 290, 

9803 



-247- 



"The minimum '-age provisions of this code will affect directly over 
60 percent of the wage earners in the- Soutn and over 50 percent of the 
wage earners in the North. Increases from the level of the first quarter 
of 1932 will be required of as much as 50 percent in the South and over 
30 percent in the North. On account of the further decline in wages in 
the latter half of 1932 it is evident that the increase from the early 
1933 levels will be even greater. It seems, safe to estimate that 
purchasing power will be increased by 30 percent. 

"Y&ile the differential in wage rates for cities of different sizes 
is not common to codes, the amount of the differential provided in the 
code is far less than the differential which, as a fact, has existed. 
It is believed that failure to recognize certain cost disadvantages of 
smaller communities would disrupt materially the com^petitive situation 
in this industry and might result in an appreciable shift in the industry . 
The fact that a large part of the machinery used is leased removes some 
of the penalty normally involved in a change of location, "(*) 

'vVhere the line should be drawn .- Formal recognition of differentials 
raised the problem of where the line should be drawnr This was clearly 
stated in the Administrator's report to the president on the Cotton 
Garment code, with reference to the line for southern differentials: 

"Any line which is drawn will be subject to criticism; . for no. 
matter where the line is drawn manufacturers a few miles on either side 
of it, employing the same class of labor and making the same kind of 
articles, will have wage scales which differ by the amount of the 
differentials which the code allows. 

"The original definition omitted Kentucky from the South and many 
protests were received. Protests 'were also' received against the inclusion 
of Maryland in the Forth. On the other hand, if Maryland had been included 
in the South there would have been protests from the Pennsylvania manufac- 
turers. If Kentucky were in the South, there would be protests from 
Indiana, Missouri and Vest Virginia. !' (**.)-^ 

Administration policy on differentials ,- .It is frequently/' said that 
the ¥Ra reduced the regional differentials in wages in American industry 
and that the differentials in average wages after the code were greater 
than the differentials in minimum wages prescribed by the codes. Undoubt- 
edly that is true in -some codes, but a great deal of research would be 
necessary before one could safely generalize on the situation. 

Tables 57 and 58 show that the FltA app;roved differentials varying 
from 1^^ to over 15^ - actually up to 4:0(^ :- and that not all the large 
differentipls were in the codes with high rates. Furthermore the major 
codes had. more differentials and larger differentials than codes in general. 



(*) Codes of Fair Competition, Vol, I, p, 543. 
(**) Codes of Fair Competition, Vol. Ill, p. 66. 

9803 







Per Cent 


Codes (*) 


Thousands 


of Total 


159 


3,742 


16.6 


: 264 


11,696 


51.9 


376 


8,736 


39.0 


29 


4,575 


20,3 


267 


5,713 


25.3 


72 


2,613 


11.6 



-246- 
Chapter XII 

siiBi.;nmrui.: 3ati:g 

In order to secure as hi-^h as ;TOssible a ninitium rate for male 
production vorhers the Administration approved suhninimum rates for 
various groups of employees. The groups nost frequestly exempted from 
the minimum uere as follons: 

Employees Covered 



Female workers 
Learners eJid apprentices 
Old rn.d ha:idi capped 
J'onior employees 
Office boys aiid girls 
ilo subminimum rate ' 

(*) Tnis tabulation omits provisions occurring only in supplements 

to codes and not in the codes vhicix they supplement; the numbers 
concenied vjould be increased if these rere included. See Table 
56 for provisions for subninimum uages in supplements to major 
codes. In every case the employees are those covered by ithe 
codes, not -by the provisions. 

This chapter considers in some detail the code provisions trith refer- 
ence to vomen v/orkers, learners and apprentices, junior employees, 
old and handicapped vrorkers, and miscellaneous e::cei-)ted occupations, ' 
Since the subminimum rates for office boys and girls ve re usually 
based on the rates for office uorkers discussed in Chapter XIII, the 
discussion of code provisions for office boys and girls is postponed 
to that chapter. 

I. I!SI.:/JJS DirFEZEIITIALS 

Though TTomen uere, historically, the benefactors of minimum vrage 
legislation, in 1I3A. they frequently vrere subject to a subminimum T/age. 
(*) Tlie PHA provided for no female differential, but as has already 
been pointed out, the 1929 differential could be used to cover women 
T7orkers receiving less than 40^:! per hour in 1929. 



(*) See "Employed Women under NRA Codes" by Ma3rjr Elizabeth Pidgeon 
(Bulletin of the Women's Bureau, No, 130, 1935, 144 pp.) for a 
more complete discussion of the code provisions affecting women 
workers, especially 'the incidence of learners provisions and old 
and handicapped provisions on women workers,- 



9303 



-24§- 

Frecedents in early codes . - The first code (*) to tie approved vrith 
a female differential v/as Code l>To.l7 for the Automohile L'antifacturing 
Industrj^ (Aii^^st 25, 1933) which provided tha,t ap-irentices, learners, and 
females not doing the same T,'ork as adiilt males should "be paid not less 
than 87i per cent of the male rate. 

Code Ivo. 19, ''allpaper, folloT/ed \Tith a 23-^ differential for females; 
Ko. 20, Salt, with a diff erentia,l of 3(^ in the ITorth and 5(# in the South, 
T.'ith this statement in the code: 

"The differential in the wage rate p8.id in the Salt Pro- 
ducing Industr))- to male and female la"bor is not intended to, 
nor shall it operate to, discriminate in wages on account of 
sex. Wlaere females are employed at the sajne kind of work as 
males, and produce the same amount of work, they shall receive 
the same pay. " 

and this in the Administrator's report to the Presi6.ent: 

"You will note that there is a wage differential pro- 
vided for iTorth and South, as well as for male and female 
later. ..The wage and hour provisions contadned in this code 
are not as uniform as in most codes, Out do represent suo- 
stantial increases. 'For example, in the case of males in" 
Lomsiana, there is an increase in the hourly rate paid of 
approximately 80 per cent and, in the case of females, 140 
per cent. " (**) 

Code Ko. 21, Leather, had a 5^ differential concerning which the 
Admini strait or stated: 



(*) Later (April 6, 1934) Code Ko.- 9 w?.s amended to include a female 

differential in the Pacific Veneer Subdivision of the Wooden Pack- 
age Division of the code. In sulimitting the Amendment to the Presi- 
dent, the Administra,tor said: 

"The amendment establishes a lov/er hourly minimum wage for fem.ale 
lahor employed 'b;'- mam;i"acturers subject to the jurisdiciton of the 
Pacific Veneer Subdivision of the Code. The evidence submitted to 
me at the Public Hea.ring est.ablishes the necessit"/ for this redr.c- 
tion in order to insure tha,t the employers affected will be able 
to compete with ma,nufacturers of fibre containers. The minimum 
wage prescribed by the amendment represents a substantial increase 
in the rates that formerly prevadled in the industry and exceeds 
the statutor"- ainimiom for the State of California, which is one of 
the states subject to the annli cation of the amendment." (Vol.IZ, 
P.S98). 

(**) Codes of Pair Competition, Vol. I, p. 278. 



9803 



-250- 

"The female differential mi^-ht rell- be reduced; in fact, tiie pro- 
ponents of the Code do not object stren-u.ousl.7 to eliminating it en- 
tirel''-. Plo^ever, it is a fact that the demand for uomen in the indus- 
ti^,^ is o-f such a character tha,t any redaction in differential belo:? 
5j# T7ould thro'.~ several thousand r/omen out of ^Toric, turning ovpr their 
jobs to literall7 a fer score men v/ho rrovJ-d tal^e their places nith 
'seasoning' machines. Since this rould tend to defeat the purposes of 
the Administration, '/e do not feel it •"'ise to reduce the fema-le differ- 
ential belou 5^." (*) 

Female differentials and female equality clauses . - Altogether 159 
codes provided subrainimum rates for vomen v/orkers. (**) In 137 codes the 
subminimum va^e applied to v/omen as sach - and sometimes also to minors; 
in 22 codes, it applied to light and repetitive r.ork or some specified light 
task s'ach as icing cakes in the Baking code: r/rapping and packing in the 
Soap and G-lycerine code; labeling, rrapping, and finishing in the TJine code. 
In this report, female and light-nork differentials are considered together 
from this point on. All but fo'or (***) of the codes T;ith a definite female 
differential contained a "female equality" clause, such as this from the 
Sample Card code: 

"Pemale emplo3''ees performing substantially'" (****) the same rrork 
as male employees, shall receive the same ra-te of pay as ma.le employ- 
ees. " 

Female differentials v^ere not characteristic of a.ny particular period 
of code malcing for the-,'- '.vere found in 29 of the first 100 codes, 26 of the 
second, 52 of the third, 25 each of the fourth and fifth hundred codes, 16 
of the last 57 codes, and in 4 of the LP codes. 

Female differentials by indiistr"- -^rouus .- As shonn in Table 59, 14 
industry groups had one or more codes rith female differentials. Fabricating 
contributed 31; Paper, 30; Pood, 25; Bquipment, 19; Chemicals, 15; and 



(*) Codes of Fair Competition, Vol I; p. 290. : ' 

(**) In a.ddition, some codes '.'ith detailed rage schedules above the 
minimura provided different ^.'age scales for males and females. 
See for instance the sched.ule of the Coat and Suit Code printed 
in Chapter XIY. 

(***) Lumber and Timber, Hard\7ood Distillation, Ila3"on and Silk Dyeing, 
and Saddler-y. 

(****) The Administration had to grapple vith oroblems of interpretation 
of "substantiallj'- the same rrork. " One particular problem vas 
T.-hether noraen on a da^^ shift and men on a night siiift in states 
prohi biting night uork for roraen vere doing substantially the same 
T/ork. See Chapter 177, Section IV for a further discussion of "female 
equality" clauses. 



9803 



-251- 

Hon-Metallic Minerals, 12. Uone of the remaining eight groups had more 
than sis codes Trith such a differential. The groups ^lithoiit differentials 
included some industries employing verj^ fe\7 uomen, such as Fael, Construc- 
tion, and Transportation; and some industries employing large numbers of 
TTomen such as Finance, Service Trades, and Retail Trades. In these latter 
codes, the mirimum rates v/ere undoubtedly expected to apply particularly to 
the rromen worirers. 

Employees in codes v.'ith female differentials .- Fo figures are a-vailaMe 
to show how many women \Tere covered hy these suhminimum rates. The propor- 
tion of women workers varied from code to code as did also the proportion 
of women workers receiving only the minimum wage. Many of the 41,000 employ- 
ees in Candy Manufacturing were women and "ondouhtedlj'- la.rge nuralDers were at 
the minimum; probably few of the 41,000 employees in Farm Equipment were 
women workers, and the differential there probably applied mainly to the 
youths included in the provision that "where females and youths perform diff- 
erent and light tjnoes of work the minimum wage rate ma,^' be 5i^ an hour lower 
than those specified above." Moreover, the female differentials sometimes 
applied to certain divisions of the industry onlj-, such as the TTindow Shade 
Cloth division of the Leather Cloth and Laccuered Fabrics industry. In 
eight codes the differentia-1 applied in the llorth only, the general southern 
rate being as low as the Administration wished to approve. In none of these 
cases are there employment figures for the particular division of the indus- 
try having a female differential. 

Weighting the codes with female differentials bjr the total number of 
employees covered by the codes gives 3,742,000 employees ( *) in codes.'-with such 
subminimtHi rstes, or one-sixth of sll the employees under codes. (See Table 6Q), 

Amount of female differentials .- Taking the female differential a.s the 
difference betv.'een the highest minimum rate for ma.les and the highest mini- 
mum rate for females, (**) 95 of the codes had a differential of 5^ an hour; 
the next largest number was 6 to 9^ (32 codes). Sixteen codes had a differ- 
ential of less than 5^; 14 codes, lOji; Wheat Elour Killin-, 15^ (***) and 
Eur Dressing and Dyeing, 20(p. This latter code prescribed rates of ^b(j:jZbj. 

(*) 3,429,000 in 137 codes with female differentials as such and 
313,000 in 22 codes with differentials for light and repeti- 
tive work. 

(**) In some codes there was a flat rate for women and 2 rates for men - 
for example, in the Asphalt Shingle Roofing code \7omen were to be 
paid 355# ajid men, 455^/37--; (geographic differential). Other codes 
had multiple rates for both sexes, such as Set-Up Paper Box, men 
37^^/32-'3-f^; women, 'i2\<f:J7£)^, with geographic differentials in both 
sets of rates. 

(***j The male rates ranged from 45^ to 32\{i- according to population; the 
minimum rate for women erarplo':'-ed in light work such as packaging and 
sewing was 30^ per hour, but not less than the rate paid such work- 
ers on June 15, 1933. 



9803 



252 



sop-Bj^ TT'B^eH 

GepBJ4 eoiAjes 

eouBnf,a 
uofq.B^aodsu'eai 

s^OB ofqdBag 





82 


XejBddB-SGXT^xei 




O >» 


BOfjqBj-sstWxej 




a> CO 

AS 


pooi 






^usmdiCnba 




■s - 






■-H CO 

•J a 
a o 

UcO 
•M > 

T3 Q- 


jeqqriH 
jedBj 




Jd O 


•0^9 'sxBOfaieqo 




.-1 Ul 


Bq.oupojd ;iGeao^ 




■OOD 

S.2 

S a 
vo 
c^ u 


Xeng, 



sxBq.oj, 



anj puB j9mBei q 



IT 



o 



tvj 



CO 

c- 

ir 



I I I I I I 



H KN I II 



I I I I I 
I I I I I 



I I I 



I I I I I 



\0 ^VO K>rH I ir 



C\J K\ I I H 
I I i-l I I 



1-1 <\l H H 



C~ I VO rt I I 

(\i_d^ I I I 

I I I I I 

I ir\vo H I 

I (M I I I 



tqcvi 



HVJ3'«3 VO 1-1 IT 



I in I iH I CM 



a- H KN J- 1-1 I H 



OD J-fO\ H 



I I I 
I I I 

I I I 



r- vo vo CM iH oj cv/^cj- o rf\ 

K^iHCO CM H CMi 1-1 



4i 






o. 



^ 



9803 



o 




<j) 








■P 






G 


•p 




H 








O 

-P 






t 


o 




0) 














© 


o 




4J 






§ 








Vi 


c 




O 






I-) 






«-i 


ID 




4J 









d 






•H 


t, • 




.^ 






43 


■H 






■d 


(D 0] 










•P 








i-i 1-1 




iH O 






b 


c 






© • 


<D m 




a fl 






© 


© 






Xi n 


fn -H 




■H 




b 


p- 


u 




b 


+5 © 


•P 




■P t< 






© 




H 


fii C 




C © 


^ 


© 


Vl 


§ 


li-i (B 


-P © 




© 0^ 


^ o 


u 


liH 


JS o 


o g 


■H t. 




t, 




i: 


o 


•H 


o 


;3 




S IB 




t^si 


t, 


g 


Td ^ 


f< 


© t. 


IM 


n 


t-t ir\ 




© b 








© u 


N O 


ra ^ 


© 


<M 


t. 


fx © 


;< 


>! 


F< 


0^ <D 


•H 4h 


c -H 


■a 


•H ti 


© 


o. 


o 


t< 


© 


o. 


n 


O T3 


o 


■d © 


aNj._ 




o 


0.-V 


© 


•H 


o 


■2 




Ov-V.Nl. 


s 




0^~v 


© -p 


TO © 




© CXi. 


1 o 


LTV 




•v. 


1 O 


gg 


•rt iH 


1-1 


rH D 


irvvo iH 


r-l 


■p 


trvvo i-t 


> OS 


d 


a 








^ 








o E 


*> 


B 








hO 








t. « 


o 


© 








•rt 






\. 


H^ <H 


E-i 


1^ 








h) 






*l 



-253- 
Tj^BLE 60 ' 

PenieJ'e differential and light nnd rer^etitive -.Tork differential a/: 
nxunber and percentr.{i:e of codes using, nnd of . eiToloyees covered "by 

these codes, V/ industr-,- ■;tovco3. 







Codes 


Total 


Eraployees in 


P.ercentagc with 


Industry Group 


iTotal 
;codes. 


^7lth 
differe.itial. 


.employees : codes with 
( thous£U-ids ) ; differential 


differential 




Code s ■ 


Em-olo?;-ees 


Total 


■ 578 


159 . 


22.>554 


■ ■ 
t . 3,742 • 


27.-5: 


15.6 


Metals 


1 12 . 


2 


576 


: 45 


16.7 


7.8 


Non-Metallic Minerals 


: 52 . 


12 


448 


! y 50 


23,1 


11,2 


Fuel 


: 5.: 


-. 


1.429 


I — 


« 


— 


Forest products 


! 17 . 


•' 'J-.K \ 


!.-.. .;606 


:-, . -.586 


• 35.S" 


96,7 


Chemicals, etc. 


33 ! 


■■•',.'15' ■■■. 


', ., '228: 


! 70 


45.5 


30,7 


Ba-per. 


32 


: -„3o .:,. 


. 294 


: • 278 


' 93.8 


94,6 


RulDber 


4 : 


. - 


■ 155 ' 


'• . ': - 


! - 


. - 


Equipment 


93 • 


- .19 . 


•..■..■:• 1,634 - 


!.■'■ 7.94^ 


: 20,7 


^ : 47.1 


Food 


48 : 


'.; ■ 25 , 


■ ,. .1,145 .. 


! ■ 459 .^ 


! ;52.1 


.. 40,1 


Textile faorics 


40 ! 


'5 ■ 


: 1,025 


! 35 


: 12.5 


• ■ 3,4 


Textile apparel 


45 


1 


996 


y 


: ■2<,3 


«« 


Leather 


11 


6. 


. 309, 


:. 284 . 


: 54-^5 


91,9 


FalDri eating 


S2. . 


. 31 


" . 1,250 


!,., 631 :•■ 


: 37,8 


50,5 


C-raphic Arts 


6 ! 


■.^,.1 ■.;. 


I . 375 


I .. 232 


! 16,7. 


61,9 


Construction 


10 : 


~ 


. .2,565 


• >r. 


; — 


*-• 


Transportation, etc. 


13 ! 


- 


: 1,751 


I - 


; 


-^ 


Finance 


5 '. 


«-• 


374... 


' -> 


; - 


» 


Recreate on 


5 ; 


*- 


: 459 . 


!... 


! — 


- 


Service Trades 


12 : 


♦» 


854 ■ 


• « 


; - : ~ 


TTholesale 


24 . 


5 ,... 


! 1,127 .; 


: 275 


! 20,8 


: 24,4 


Retail 


23 ! 


<a« 


4,779 • 


; - 


: 


« 


Territorial 


7 ! 


1 


124 : 


I 3 


: 14,3 


2.4 


Major codes (60,000 










1 




or more employees) 


72 : 


12 . 


is,53e,; ;, 


! 2,550 


15, 7 t 14,2 

1 . t 

1 * 



a/ TT:enty-tT70 codes, covering 313,000 enjlojees^ 1,4 precent of the toto.1 em- 
ployees \mder codes, are included hero. These are distrihuted as folloirs: 



Chemicals 


8 


codes 


25,000 


employees 


Paper 


1 


code 


1,000 


enrol oyoes 


Saui-oment 


2 


codes 


.1,000 


en-oloyees 


Food 


5 


codes 


■214,000 


employees 


Fabricating 


'■^ 


codes 


12,000 


employees 


UholesfiJLe 


1 


code 


60,000 


erT5lo;^ees 



h/ Less than 500 em-oloyees (25) 



9803 



depending on the kind of fur, for ".vomen erA 'boys (15 to 1.") DJnd. 55^/50<f- 
to males 19 or over. Tlie rc.te of- 45i,*/35(f may have heen the real miniimim 
x/age in this code, h-^it it ic^ trh-jJ.-.ted as a sii-bniranum rate. (*) 

Hourly ra-tes for rrorien .- Taole 61 sho'.'s that 98 codes ;orovided a flat 
minirrum' rrte for femrle -or' vers and 61 -yrovio-ed' tvo or nore rates Tvith a 
geographic or apme other differential. Of the 98 flat minimim rates, 46 
rere 35?^ and lo "-ere 30 to 34^* — lasually 32(,l: (SO per cent of 40 cents) 
or 32 :(^. Five v^ere more than 35(f:', 3orf eacxi in '^ashing and Ironing ^iachine, 
.and Tacuum Cleaaer;. .3.7. ■';<^... each .in Cocoa, and Slide Fastener; ajid 40«^ in h'alt 
Products. • Tour -.vere leste tha.n 25^ ajad these seem- very lo'' rates; 18^ in 
Cotton Picker^j-j 20<^ in' Hard'".'ood Distillation (packing charcoal in the South ■ 
■only..- .probably a i'egro .ra:.aen's rate); 22 Vi!- in Corn Cob Pipe; and 22 3/3^ in 
Llanufacturihg Indurjtrj'- in Ila.Traii. 

Of the 51 codes that nrofided t, o or more rates for voraen, the largest 
'group' of th'e highest rates vas SSrf (21! codes) (**); ne:ct came the group of 
-30 to-' 34(? (25 codes); and 25 to 29(fj (4 codes). Tlie largest grouiDs of the 

- loT^er ra-tes^ T'ere- -30 to ■34',v (31. codes), 25 -to 29<?; {16 codes); and 20 to 24^' 

- (11 cbcljes).- Pour codes idth a higher-t'i£iJi-35^ top rate vere Shoe and Lea.ther 
■• Finish, • 40i^-/37;^ in diff'erent divisions of the industry,-; Autompbile, 38(*/35.;# ( 

• T.dth a -populction rdfferential; X'alro and Fittings, 36ii'-/30(# v/ith a geograi:iliir 
" cal differehtial; 5\ir Drtessing and Dyeing,- 45f^/35(i? s.ccording to the kind of 
' fur. ' • ' : , . . ; 



*- the 

■- "'for 

- "the 



-Cofflb'irfing the flrt ainimuiri' wi'bh; both' the lo'.^est and highest rates in 
codes T^ith 9... differsiitial gives rthe fpllov'ing distribution of V7f.ige rates 
tfomen in the codes v.tit-r f ernt-le differentials.-. 'Iji the high irage a.reas . 
se 1*59 codes distri bitted a'g. .follo."'.7s: : . ; 

■ . : : ' ■ .■ ; : 7ith 

-" •• ., V -■' Tdital < I.iiniraum Flat : ' ; Differentials 

Codes ' . , '. .-H£it e ~ ; .Jlighest Rate 



■ Hourly rate- 

-Under :25'f; - ;4 

:25 to ■29^(5 ■ .-4 

■30- to ■34^5 ■ Q8 

:35^' .' 74 

■Over 35'^ - '9 

■ - Total 159 



:4S 
.•_5 
.-93 



4 
25 
28 
_4 
61 






■ In the Ion vrage areas , the distribution of codes shifted doT7n^:.'ar6. as 
follows: 



(*) See Chapter X, section III. 

(**) Fabricated iuetal Products v.'ith a 35c.^ rate in tae /'orth --Drovided 

that for the first 50 dg-'^'-s of the code onlv 32 ■''• need be '■mid. 



9803 



255 



BepBj^ ITB^eH k- 

CVJ 

sepBj^ exBEGHoqa ■^ 



uof^BeaoGa "^ 

eouBufd u- 

no'[:)Bq.aodsuBaj, ^h 

aoTQ-stui^saoo 
9q.aB OTudBJO 

Sat ^BOX JqBd 



o 



m 'Ji 
(do 



onj pUB aGH^BGI 

XejBddB-sexT^XGi 

s o T JqB J- s © X T Q-3CG I 

pood 

^uenidxnba 
jeqquH 

JGdBj 

•O^JG 'SXBOpUBtIO 

E^onpojd :tBGaoj 

oxxxs^Gin-uoK 

BXB:^eH 

XB:^OJ, 



H 


iH 


1 

IT 


t\I 
I 


1 

1 


1 



i51 



H I I 

I I I 

I H H 

I I I 



— t-J^tWrH 



i<ri 


N 


VO 


t-t 


rH 


iH 


V 


J 


IT 
CM 


H 


H 


CM 

H 

1 


O 

to 


IT 
H 




O 


VO 


-d 


CM 


CO 


CM 


r-i 



-d H I K\ 

i-i I v^ KS CM 

I I I 

id ' CO r- 



I I I 
I 



I H I 






I 



I I I 

I I I 

I I I 



I H K> I H CM H I 



I -d- I H 



I I 



I I 



I I 

H I 



I O J- I KNCO rci I 

I I ITi CVJ ., H K^ CM iH 

I I I I I I I I 

1 KNCM I I H J- I 

I CM CM H I iH KNrH 

H H I I H cH I t 

I I I I I I I I 

I KNiH I CM I CM I 



I I iH I 



J- irsoo -d- H vo H IC> 
CM CM <H H KN 



9803 









\ 






O 








o 










al 


CI 




* 








A 










ra 


B 


S 


5. 


1-1 






u 




CQ 






o 




O 


© 


« 






© 










•p 


s 


■^ Jj 


ft 


o 




3 p 


ft 


^§&§ 


C -H 


+» 




d 


^ 


(< o 


ra 


43 




o o 


ra 


o o o o 








© 


O 


a-«& 


^ 






^ ^ ^ 


43 


fi fififi 


o o 






iH 




u o 


o 






t. t< o 


© 


c c< ^ c< 


» t, 


n 




ol 


01 


ra » B 


o 


d 




o © j3 


o 


© © © © 


o 


•- 




g 


<D 


JJ Q, 




n 




ft ft 




ft ft ft ft 


t. li-1 


c 




ID 


■P 


CI C< 


ir\ 


«H 




tl 


IfV 




O "M 


© 




*H 


d 


era© 


K\ 


C 


■■ 


n ra © 


K^ 


m n n ra 


4h »h 








u 


O 45 ft 




•H 


o 


43 43 ft 




• > 43 43 43 43 


Tl 


o 




H 




c 


a 


E 


43 


c c 


C 


© C C C C 


n 


s 




01 




ir^ tD m 


a 




d 


© © ra 


d 


43 © © © © 


» 13 




D 


w 


p 


CM O 43 


a 


o 


b 


O U 43 


Xi 


d o o o o 


■p C 


0? 


O 


o 




c 


43 


u 




C 


43 


t. 


a a 


^ 


■ti 


2 


«H 


t< J- » 




o 


43 


ON_d- © 




J-crN_d-ON 

43 Oj CM K\K> 


c< 


45 


o 


a 


c 


O K\ O 


O 


E 


m 


CM ^^^ o 


© 


(9 




o 


CQ 


^ 


■0 1 


b 




ID 


1 1 


^ 


n 1 1 1 1 


tt f< 


c: 






C O U^ 


O 


(< 


fi iTsO U\ 


O 


©O ITNO lr^ 


r-i O 


•H 


1-1 


i-i 




C3 K\K\ E 


o 


tOCM r^ ro s 


gCM CM tOK\ 


S-g 


* 


cd 


d 


43 








T^ 






O 


■p 


+3 


43 


d 






o 


K 






yA 


o o 


^ 


c 


o 


t-i 






s 










w » 


» 


E- 


Eh 


[i, 






e< 











CO H 

CM CM 

■3 ' 

K\ I 

CM I 

I I 

rr\ I 



H J-rH KNCM 



O 



KN 



J- I I iH 
I I I I 
Hill 

CMxO KNKS 
CM I KNCM 
I I I I 



•H f, -a 

43 d C 

c © a 
© 

t4 O C O r1 O 

© -H O 43 d iH 

Vl fl Tl C ^ 

^-l ft 43 Tl Oft 

■H d d © -H d 

T3 t< c-l 43 m t< 

UJ 3 d -H 60 

<M O fti-1 > O 

O © O © "H © 

_^o P^ C P o 

c 







43 






B 


tOvfM H 




o 


H 




(< 
^ 


J- 1 H 




<>H 
•H 
■0 


H H 1 
1 1 1 




1 

ft 

O 

> 


CM 1 1-1 


1-1 


•H 
43 
■ri 
43 


1 H 1 




O 
ft 

g 


O KNOCO 




CM CM 1-1 




1 
43 










.a 






bO 






•H 






1-1 


5 


© 


tiO 


fi 


o 


c 


43 f, 


E 


•H 

> 


fr Q 


fH 


3 


fi 


O 


.c 


1-1 f1 
d t, 3 


§ 


a 


»1 .. © t, o 
43 ra ft ;J fl 


o 


o 


13 


C © o 


a 


O 


© 43 ra /3 t. 




o 


t< d 43 © 
© t. C t, ft 


f^ 




© 


<u 


Vi © o 


ft 


<« 


4h ra o ft ra 




•H - 43 


n 


a 


•« c! trv ra C 


+» 


© 


© 43 © 


C 


■0 


u E ti cS o 


o 


3 


GO©© 


o 


H 


S -d o ON 




O 


43 C 1 


o 


C 


CJ © ts ITvvO 


I-l 


HH 


3 XI 






O 43 






E 




■n. 


< 




d1 



-256- 
TiiBLE 62 



'\ 



Female and light-work differentials: munlier ©f 

codes pjid number and percentage of emploj''ees 

covered "by codes ijith specifie.d provi^ons. 





Codes 


Employees a/ 


Provision 


containing 
! provision 


Covered hy Codes 
(Thousands) Percent 


Total codes 


159 


3.742 


100 


Flat minim-am hourly rate 








- Total 


98 


1,443 


38,6 


Less than 265^ 


4 


7 


.2 


30 to 34rf 


43 


236 


6,3 


2,5i ' : 


45 


1,178 


31.5 


More than 35^ 


5 


22 


• s 


Two or more minima - Total 


51 


2.299 


61.4 


Highest ra,te — 








25 to 22<j; 


4 


191 


S,l 


30 to ZU 


25 


676 


! 18.1 


35^ 


28 


938 


25.0 


More than ^5^ 


4 ! 


494 


13.2 


loirest rate ~ 








20 to 24(2; . < 


11 


817 


21.9 


35 to 29^; 


16 


409 


10.9 


30 to 34^ 


31 : 


619 


16.5 


35 to 39^ 


3 


454 


12.1 



a/ The number of employees is the total number covered by the codes 
concerned, not the number covered by the female and light-work 
differentials. 



9803 



-257- 



Hourly rate 
Under 25^: 
25 to 29^ 
30 to 34^ 
35^ 

Over 35.?^ 
Total 



Total 
Codes 
15 
16 
74 
49 
5 



159 







".:ith 


iliniiraun Flat 


Dif 


f erentials 


Hate 


LOT^ 


est R3,te 


4 


11 


— 




16 


43' • 




31 


45 




. 3 


5 
98 




61 



Differentials vithin vromen's rates . - As table 51 shor/s, the differen- 
tials v/ithin the uomen's rates ve'se 5^ per hour in three-eighths of the codes 
(23); under 5ip in 20 codes; 6 to 9^ in 10 codes; 10 to .10"^^ in 4 codes; llj^ 
in Fabricated Hetals Products with a 5^ geographic and a S<j: "1929" differen- 
tial; 12(# in Talc and Soapstone (both geographic sjid divisional differentials);; 
12-j-ji in Canning and in Pickle Packing Trith population, geogra;phic, and divis- 
ional differentials, the latter covering seasonal and non-seasonal operations. 

The bulk of the differentia-Is within the women's rentes vrere geographic 
differentials - in 41 codes only a geogra.phic differential; ' in 12 codes, a 
geographic differential in combinati6n with some other. (*) 

Em-ployees covered by codes with particular 'provisions .- In Chapter X 
it was shown that the codes with differentials covered many more employees 
than the codes without differentials. The same condition existed in codes 
with female rates.. As shown in Table' 62 the 98 codes with one flat rate for 
women workers covered less than two-fifths of the employees in the 159 codes; 
the 61 codes with differentials within the women's rates covered over 50 
per cent of the employees in the 159 codes. 

The same table driows that rates \7hich covered the largest n-umber of 
emploj'-ees under the codes with female differentials (**) v/ere 35^ in the 
codes with one rate for women vforkers, 35(Z^ as top rate and 20 to 24;^ as 
bottom rate in the codes with differentials within the women' s: rates. 

Female differentials in major codes .- Only 13- of the major codes had 
female differentials, and in three of these cod.es the differentials applied 
in certain divisions onljr. These codes were as follov^s: 



(*) 4 geographic and popula,tion; 4 geographic and 1929; 2 geographic 
ajid divisional; 2 geographic, population, and divisional. 

(**) It should be empha,sized again that this Discussion is in terms 
of the number of employees covered b3'' the entire code, not the 
number covered 'bj the female diff erentia,l. 



9803 



-258- 



Qodo 

Lumjer rnd Tinljer Products (prcific Veneer 

Subdivision of TTooden Paclca^'e Division) 
Prper axid Pulp 
Aut omot) il e Ilanuf r-.c tia- ing 
Automotive Parts 
Patricated Metal Products 
Soot and Shoe 
Leather 

Gra-ohic Arts (Trade luo-'unting Division) 
Scrap Iron a.nd Waste L'aterials 
Canning 
Bailing (*) 

i'j-ooholic Beverage Uliolcsaling ,(*) 
Fishery (iTeTr Englrnd Sardine Canning 
Division ) (**) 
(11.17. and Alpslca Pish end Shell- 
fish Division) (*'■ ) ■ 



^■jnount of 


Female 


Different i-il 


Rate 


(cent.:-, per 


hour) 


5 


35 


5/2 


33/30 


5 


38/35 


5/5k 


35/24-;:- 


5/4 


35/24 


5 


32{-/30 


5 


35 


5 


35 


5 


27-V32i 


71/ 5 


.;32-2/20 


8/7 


■ 32/28 


10 


35 


8 


25 


10/2 


38/30 



(*) These are light on-.l repetitive --'ork differentials. 

(**) These are not coimted in T? ilss 59 to 62 since they occurred only 
in these . tT70 Supplcnents to the Fishery code. 



It is this slight use of femclc differentials in the major codes' 
which accounts for the .statement earlier that only 16«6 percent of the 
employees under code '^rere . in. the 159 codes ^.Tith female differentials, 
25. percent of r^ll the codes. Horever, the prevalence of differentials 
within the nonen's rates in the major codes is -^-hat accounts for the 
statement that the 61. codes -rdth differentials in the r.^omen's rates cov- 
ered manj'' more euployoes than, the 93 codes. with a flat ninimiun ra.te for 
female workers, 

II.' Li::.jruiiSAni 



/inother grouo freaupntly excooted fro;;i the minimum wage were learn- 
ers a:id apprentices. As these two terms are classified here, 213 codes 
had some such lorovision for loa.rn«rs a,nd 70 ha.d a provision for apprentices; 
19 of these two gniups ha,d provisions for hoth learners and a.pprontices. 

In some codes the words "learners" and "apprentices" wore used 
loosely. In this re Tort. these pr^visir;;s Viave "oeen c''.a3sified somewhat orhit- 
ra.rily. The term "a. ^orenticeship" is an-ilied only to j.irovision with a 
learning period of one year or more or a definite arraaigomcnt for inden- 



980G 



-259- 

ture, apprentice contrnct, or training course. (*) All other so-called 
"ap-:)rentices" or "lermers and apprentices" are here counted as learn- 
ers. It must "be clear that r, learning period of one year does not nec- 
essarily mean ? Dona fide apprenticeship course. It may merely mean a 
long continued subrainimum rato for production ^jorkers. Office learners 
are not considered in this section hut in the section in chapter XIII 
on office hoys arid girls 'jith whom they '7ere tisually grouped in the 
code provisions.' , ; 

Pr-oceiients for, feuhminimum ratos for loa.rnors and aT^'Jrenticos. - 



The. first- learner provision vo.s in the first 



code, Ootton Textile: 



-.' -" The , minimum wpge that shall he po,id tp any...emplo3'-ces -,..,. 
exQep.t leaxners durin;; _a six weeks' a,pprentic<3ship," 

Here there 'was "no limit on the numhc'r of learners raid no wage set; it 
,VTa.s not. contrary to tiie code for lerxncrsto he .paid no 'wrge whatever. 
, In transmitting the code to. the President-, the Ac'-i'^inistrator' stated: 

"The" e:cce]ption of learners for a six weeks' period , 
from the 'wage scale is open to possible abuse and must • 
be watched in administration. '(**) 

The first 'provision with a. submininum wage wa.s. Code Ho. 4, Electrical 
Manufa,cturing': ; ' ' : 

"Learners may be paid not less than ; 80 percent of 
the minimum rate. .. (40732 V/ith a 1929 different iil) but 
the 'niimber of learners receiving less than such ijiinimum 
rate..,, shall npt ercpeed 5 percent of the total number 
of employees engag-ed in the processing of products and 
in lab)or relations directlj' 'incident thereto," .' ' 



Here 



there was a limit . on the number of l;;arners r:jd a wage floor 



set - but no I'imit on the learning period, 

: The fi'rst aiyprentice -provision was in an interpretation of the 
PILl,- - ■ . ^ " ^'. 

• ' J'The minimum wa^ge provisions of the agreement do not 
apply' to apprentices if under contract: with thp eriployer on 
August 1, 1933 but no one can be. considered aii' apprentice 
within the meaning of this inter;.ireta.tion who has -oreviously 
completed an apprenticeship in the industrj^, (***) 



(*) This is in accordance with a:recomraendation of the Advisory 
Council, llarch 9, 1935, 

(**) Codes of Fair Competition, Vol. I, P, 12. 

(***) liEU'i Bulletin llo, 4, "Official ExiDlanation of the President's 
Heemployment Agreement", Prentice-Hall Tra.de and Industry 
Series, paragra'oh 16, 393, 



-360- 



TiuLS 63 



Uagc -orovisions to:: learners: iaL"iber r'ncl iDerceri" 
tags of codes pnd ei.iployees covered "bj these codes j "by industry 

grou.'JG. 









Enoloj^ees : 




Percent 




Codes : 


( thous.?iuls) : 


this 


provision 


Industry Grouo : 








Covered by : 
codes nith : 




Enployees 
■ covered by 


; 


Total : 


TTith this : 
-orovision ; 


Total : 


this ': 
nrovision : 


Codes ; 


codes uith 

this ^^rovisioj 


Total J 


578 


213 


UjCj % 00"ri: 


10.755 


35.9 


47.7 


Metpls •; 


12 


3 


575 


438 


25,0 


76,0 


!Ton-metallic minerals 


3 52 


10 


443^ 


111 


19.2 


24.8 


Riel 


5 


- 


1,429 


« 


» 


: - 


Porest Products 


■ 17 


5 


606.^ 


24 


• 29o4 


: 4.0 (' 


Cheracials, etc. 


■•55 


11 


228 


136 


: 33,3 


■ 59,5 


Paper 


32 


■ 1 


294 


= 12 


: 3.1 


: 4.1 


Hubber 


4 


4 


15? 


1166 


=100.0 


: 100.0 


Equiioment 


92 


39 


1,6&4 


: 1,269 


' 42,4 


: 75.4 


Food 


48 


5 


1,146 


60 


10.4 


: 5.2 


Textiles-fabrics 


40 


■ 21 


1,025 


805 


: 52.5 


78.5 


Textiles- apparel 


45 


37 


996 


: 848 


: 82.2 


: 85,1 


Leather 


11 


6 


: 3q9 


232 


: 54.5 


: 91,3 


?s,bricating 


82 


4<-l- 


1,250 


: 1,049 


: 53,7 


: 83.9 


Graphic Arts 


f^ 


1 


375 


: 106 


: 16,7 


: 28,3 


Cons tract ion 


10 


1 


. 2,565 


: 49 


: 10.0 


: 1,9 


Transportation, etc. 


13 


2 


1,751 


: . 1,454 


: 15.4 


' 33.6 


Finance : 


5 


2 


374 


: 307 


: 40.0 


: 82.1 


Hecreation 


5 


— 


: 459 


! — 




I — 


Service Trades 


• , 12 


2 


: 854 


: 71 ■■ 


:• 16.7 


: 8.3 


TTnolesale 


: 24 


: 9 


: 1,127 


: 702 


: 37.5 


: 62,3 


He tail 


: 23 


: 7 


: 4,779 


: 2,760 


: 30.4 


: 57,3 


Territorial 


: 7 


o 


: 124 


: 117 


: 42.9 


: 94,4 


Major codes 


: 72 


: 30 


: 13, 339 


: 8,885 


: 41.7 


: 47.7 



9803 



-261- 

iu sii3!ii::iiiui: i^-?:]S- fo:i LS^-Jiirii-S 

Learner -orovisions "b'' iridu-stry grQ\i:;s »- As Tr.ulc-^S sIiotts, the 213 
codes with lenrnor provisions wore fo~aiicl in every induBtrj/'.i'jroup except- 
ing Fuel aaad Recreation. Ttto- thirds of the provisions ':-.'ere foiind in 
four groups: Pa'bricating' (44) .Equipment (39-) ,,:App?.rcl (37), ojid 
Textile Fabrics (2l)'» These '213-GOdes reprpsented 36«9 percent of all 
the dodes and 47.7 percent of the' employoes under codes." - •■■ 

•'/lLI four of the Rxihtjer codes and over four-fifths of the Apparel 
codes, ;had learner provigions. Fahricating, ^Leather ;and Textile Pahrics 
followed.. with provisions ,' in 50 to 55 percent .•of'itheir codes. The Tel*ri~ 
torial,- llq'uipinent and JPinanco ^ro-'ips also ma.de more thaji average use of 
learner, provisions.- The Paper codos had the snrilest -.proioortion of learner 
provsLS.ipns,: just one in the' 32 codes in that: group. /In terms of the 
percentp<.ge .of eia-oloj'-ees covered,' the industry groups; exceeding the aver- 
age •(47«7 percent) r/ere Rubher, Territorial,; Leather-j Apparel, Pahricat-- 
ing," Finance, Pahri'cs, lietals^, S'qtiipment, Transportatio:i, Chemicals, 
TTholess^e Tre.de pnd Retail Tro.de". ■ _■ 

■ When learner and 3,piorentice provisions :<are grouped together, the 
nura'&er.of codes goes up to 264 find the proi^ortion of enroioyees covered "by 
codes -'with: thesa -provisions, 'to '51,9 percent. ::Tho distrihution ty indus- 
try' groups: is given in Tahle 64; ■' • 

■ The following nine, groups had learner fend appr.entice provisions in 
raor« than half of their, codes ; ' Ruhher, App&rel, Sqjiipnent, Territorial, 
G-ra'ihic i'jrts, Leather, JPaoricating, Textile" Pahrics:, and liotals. Thir- 
teen industry groups had learner or a'TOreniJice' ;";)rov.dsions in code cov- 
ering .half or more of the' eiJol oyee s in the 'groups. ; From Huhher .codes with 
lOG percent to Retail codes -with 58*.3 percent employees in such codes, 
they ranged as follows: Territorial, G-rapMc ilrtsj lletals. Leather, Equip- 
ment, Fe^bricating, Apparel, Trans-oortation; Finance, I7holesr.le, and 
Chemicals; Taole 65 shows tk ft three-fifths of the first 100 codes had 
learner provisions. Their proportion declined to pne-third or less of 
the codes: after the first 300 codes. The apprentice provisions, however, 
were more char0,cteristic of particular t;.'pK3S of industries than of a 
particular perio._ of code maiing. The more frequent occurence of apisren- 
tice provisions which Table 65 shows after Code 500 was largely the re- 
sult of an Executive Order on the subject described later in this chap- 
ter. 

Limitation on number of learners .- As Table 56 shows, the n^umber of 
learners was limited in 197 codes, the most frequent limitations being 
5 percent of the total enoloyees or 5 percent of some special group, such . 
as majiuf acturing emloyees, (*) Forty-eight codes allowed 10 percent 

(*) In some codes learners and some other subninimum group or groups ..^ 
were to constitute no more than. a. certain percentage of the total. 
Thus lerrners f^nd office boys and girls; learners and apprentices; 
learners ajid old and haaidicapped workers; or learners, apprentices, 
and office boys and girls were in some codes together limited to 
5 percent of the total emoloyees. 



-262- 



TiiDLE 64 



"age ■.>v-ovisions for learners rjiid .p.-oorentices: 
llijin'ber and percentaif'.'e of codes usin'^ and of enployees cov- 
ered "by these codes by industry' groups 





Codes : 


.Employees : 


Percentaje 








(thousands) : 


this i^rovision 


Industry group ; 


. 


; ; 


. 


Covered b^'' : 
codes T,'ith ; 


• 


Em-jloyees 
covered by 




Total : 


Uith this 


Total : 


this : 


Codes : 


.codes T7ith 


1 




provision : 


: 


"orovision : 


: 


this Tsrovision 


Total : 


&78 , 


234 


22,554 


11.506 


: 45.7 


: 51.9 


Metals : 


12 


6 


576 


542 


: 50 «0 


: 94.1 


Non-metallic : 


52 : 


12 


448 


130 


• 23.1 


= 29.0 


Fuel : 


■5 . 


— 


: 1,429 


- 


! ~ 


I -. 


Forest products : 


17 


5, 


: 606 


24 ■ 


! 29.4 


: 4.0 


Chenicals, etc.- ; 


• 33 


11, 


228 • 


136 


33,3 


: 59,6 


Paper . : 


32 


1 


294 


12 


: 3ol 


: 4.1 


Rubber : 


4 


4 


155 


: 155 . 


:iOO,0 


: 100,0 


Equipment ; 


92 


67 


1,684 


. 1,525 


72»8 


' 90.6 


Pood 


48 


.5 


1,145 


60 


' 10.4 


: 5.2 


Textiles- Fabrics 


4b 


, 22 . 


■ l'',025 ■ 


' ■ 805 


' 55,0 


: 78.5 


Textiles- Apparel 


■45 


37 


296 


848 


■ 82.2 


: 85.1 


Leather 


11 


7 


309 : 


283 


: 63.6 


: 91,6 


Fabricating 


82 


. 49 


: 1,250 


1,083 


: 59,8 


: 86.6 


Gra^ohic Arts 


6 


4 


375 


' 357 


66.7 


: 95,2 


Construction ' 


10 


2 


2,^555 


, 70 


: 20.0 


: 2.7 


Transportation,- etc. 


13 


3 


: 1,7'5L 


: 1,472 


: 23,1 


: 84,1 


Finance 


5 


2 


: 374 


: 307 


' 40,0 


: 82.1 


Recreation 


: 5 


:' 1 


: 459 


4 


: 20,0 


: .9 


Service Tj-ades 


12 


: . 3 


: : ■ 854 


: "271 ■ 


• 25,0 


31.7 


TTnolesale 


: ■,24 


: 9, 


: 1,127 


: '702 


' 37.5 


'■ 62.3 


Retail 


: 33' 


: 9 


: 4,779 


: 2,788 


: 39,1 


: 58,3 


Territorial 


: 7 


: 5 


: 124 

1 r 


: 122 


: 71,4 


: 93.4 


Major codes 


: 72 


! 35 


:i8,S39 


: 9,530 


• 48.6 


' 51.1 



980C 



-263- 



J1 
o 

M 

I 

Jl 
Jl 
-~J 

M 

rv) 

M 

1 — I 

;. 

• • 

1 

M 

1 
1 

1— ' 

1 

1 

• • 

1 
1 

• • 

1 
1 
1 

ro 


o 

1 

ji 
o 
o 

r\j 

M 

1 

1 

I 

1 
1 

Ol 

1 

1 

1 
1 

M 

1 
1 

• • 

1 
1 

1 

1 
1 
1 


o 
1— ' 

1 

-p' 
o 
o 

1— 
1— ' 

1 

1 

1 
1 

1 

• • 

1 

• • 

1 

1 

1 
1 

• • 

• • 

i 

1 
1 

• • 

1 

M 

1 
I 
1 


o 

M 

1 

o 
o 

M 

-P' 

1 

• • 

1 

• • 

1 

1 

1 
I 

• • 

1 

1 

1 

1 

1 

• • 
1 

■ • 

1 

1 
1 
1 
1 
1 
1 


M 
O 
M 

1 

ro 

o 
o 

1— ' 

M 

1 

1 

1 
1 

• • 

1 

• • 

I 

1 

• • 

1 

1 
I 

M 

■ • 

• • 

no 

1 

• • 

1 

1 ) 

1 

1 

1 

1 


M 

1 

M 
O 

o 

H-' 

1 
1 

I 

1 

1 

I 
1 

1 

1 

1 
1 

« • 
1 

1 

1 

1 

• • 

r-' 

V 

\ 

1 
I 

• • 

1 


O 
c+ 

!» 

s. 

c+ 

O 
D 

i-i 
m 

•a 

c+ 

o 

CD 
W 

O 

ro 

1 
I 

1 

• • 

1 
1 

• • 

o 

M 

J- 

M 

M 
M 

• • 

IM 

• • 

1 



J1 

o 

M 
1 


o 

M 
1 


1 


o 

M 
1 


I— ' 
o 

M 
1 


M 


1-3 

o 

c+ 


1-3 

o 

irt- 


J1 


o 
o 


4=' 
O 

o 


O 

o 


o 
o 


O 
O 


:a O 
H- O 

t3' CD 

m 

M 
CD 

CD 








0'\ 


-P" 


0-. 




-J 

OQ 


1 


M 


I 


1 


M 


M 


>OnI 


l\3 


1 
1 


• • 

1 

•• 

1 


1 


1 


-p 

1 


1 


O 

i 


ro 


1 


(-' 


^ 


^ 


1 


i 


VJl 




1 


ru 

• « 

1 


00 

• « 

1 


ru 


1 


• • 
1 


t-' 


ro 


1 


1 


IVi 


1 


ro 


1 


-P- 


-p- 


0* 

1 


ji 


■ • 


kSI 




I— ' 






rv) 


ro 


1 


■ • 


1 


1 


U1 


-p- 

OQ 


■ • 


-FT 

■ • 


-p- 

■ • 


^ 


• • 


■ • 




-p- 
o 


M 


cr> 


OQ 


cr* 


Ln 






-p- 


1 


I 


rv) 


1 


1 


-P" 


cn 




1 

1 


■J1 

1 


• • 

• * 

1 

■ * 

1 


o 

1 


• • 

1 

• • 

1 


I 
1 


• • 

-P" 

M 


OQ 

o 


1 

1 


1 
1 


• • 
1 

1 


1 


1 
1 


ro 


rv) 
ro 




1 
1 


1 
1 


1 
ro 


-1- 
1 


1 

I 


1 

1 


1 
r\3 


J1 

ru 


(-■ 


^ 


1 


ro 


ro 


M 


U3 


ro 


1 


ro 


1 


1 


^jj 


• • 

rv) 


^1 


rvi 


rv) 


M 


1 


1 


1 


1 


VjJ 


-^ 



o 

Cfl 

o 

o 

o 
P' 

CD 
W 



Total 




rietals 






tr" 




(0 


I\i.-Met. 






p 




CD 


i\iel 


H 


Forest 


P- 




^ 




52 S 


Chemicals 


pi ^d 




O CD 




CD P 




CO c+ 


paper 


Cfl H- 




H- O 




<J CD 


Rubber 


CD 




M H 




O O 


, 


O <! 


Equip. 


H- 




8 i^- 


Food 


pj o 
CD P 




(0 CO 




• •• 


Fatrics 





Apparel 
Leatner 

Fab. 

G. Arts 

Constr. 

Trans. 

Fin. 

Hec. 

Services 

T;/holes. 

Retail 

Territ. 



i 

en 

AJ1 



CD 
4 

o 
o 



•-J 

CD 

p 
o 

CD 







a 



264 



sepoo x«T«lo?T't>isi c- 






sep-BJ^ exBSGXoqjii-^ 



eepBa^ eoxAjeg (^J 



uox^BeaosH ^r 
eouBUf^ IT 

UOf IJB^JOdBUBaji J5 

s^ J8 oftidBao vo 

Sux^BOxaqBdS 

jaj puB jemBGi i-i 
XejBddB-eexT^^cej, Jg 



BoxJqBj-sexT^iej, o^ 



uv 
-a-a 



&: 



01 e 






at. 

-H 0< 



> a 
oo 

U■r^ 

as 



exB^oj,^ 



poo^co 



aeqqtiH j 



•o^e 'sxBOpaeqo to i-i 






re 



iH I eg 1 

I I vo > 

CM I 

I I 

t>J I 

CM I 



I I H I 

■ ro 



C-- H iH IH I 
CM 



K\ H K^ iH I 



rO I H H I 



-d-d- I I 






c-co -d-co -d-N^ 
cr fTN ^ 



I I I CM I 



I I iH H I iri 



rH I I _d- I J- 



I r-l I I i-l I 



I I I 
I I I 

r-i I I 



I I 

I CM 

I I 



I I I I I I 

J-CO ON J- CM C- 

I -d- I H I H 

ITvOO t\l t^H I-l r-l 
H 

l-l J- rH CM CM r-l rH 
CM H 

JJ- i I I I I 



I CM CM iH I VO CM 

CM 



-d • NNH I I I 



1 CM C- i I CM 



I I I I I I 



CM rH 1 IXN I CM 



I I i CM I I 



ro CM iTvO lr^t^f^^ 
CM -d rr\v^ KN 



9803 



GO 














01 






a 




S 


a 


a 


1 




o 


o 


o 




•ri 


•H 


t4 


4) 




03 


■P 


43 


rH 




»H 


s! 43 


SI 






> 


43 fi\ 
■rj <B J3l 


43 


o 




O 


■H 


43 




(< 


B o 


E H 






P. 


•H t, C 


•H ^ 


W 






iH O O 


iH O 


C 




t< 


ft-H 


IS 


«H 




» 


t, 43 


•o & 


43 
01 




£ 


IE ^v^ O O! 
fl (8143 r^ 43 


o 


r-l 




SI 


6 C 43 ^ 


t4 \ m .i! .M 


® 




0> 


2 43 O C C E 


(4 




iH 


a C O » 5 -H 
© S, O ^ rH 


p. si © a> o n 01 


<Q 




^ n » * s ^ ;< 


m 


O 


X! 


.a O O t. 43 


f! 43 ji t o © 


i 


■d 


■P 


43 t, O, (B t. 


43 © rr\ LfN © © 


o 


•H 


^ © P. ® O 


■H01©rHHCMSS 


v4 


o 


^ 


s P.a\ u ^ 


S 0] B rH 1 1 


to 






1 O O 43 


© 1 CM -d-vo CM 
rHiJvOf-iH7HCMir\ 


•H 


IH 


rH 


iH irwO rH S O 


> 


SI 


« 


SI 


01 


o 


43 


■P 


43 


43 


£ 


O 


o 





O 


Eh 


Bi 


E-i 


EH 



vo 



H I I ir. 



iH r<~i I ir> 



I I I 
I CM I 

I CM I 



H CM rH 

J- 



rH urv I 
I r-cM 

rH 
H CM CM 

VO rH 
lOi 



I O rH 

iH 



CM ITsrH H rH 



o 

43 „ , 

C -H C 

© p; © 

o -H o 

o u S u 

09 © © 

SI ft ^ a 
o o 

©CO 4300 

60 C 

a c <D c 

^ si U 01 

- •« ^ 

^ 43 t, 43 

43 © 

-H 0) ft ffl 
& 03 P. 

© o o 

rH JCO S 
0! 
43 

o 

Eh 



CM 



rH^ 

m 

g^ 

•H © 

S bO 

si 



•H 43 

a o 



• © 

rH C 



© I 



hiH«9' 
ft 10 SI 
H-g 

al >iTi 
43 t, B 

O 43 
43 (0 S 

3 i 

© "d B 

XI C -H 

43 -H C 

■H 

<iH © a 

O^ . 

43*" ^ 

O C * 

tr ti C 

© © U 

ft43 ^ 

C +3 

irv © o 

g© •• 
Ph cm 

H 0«» 
• 0} © 0} 

S -^ 2 

o -^ C 

«H M © -rl 

43 a n a 



s u'^ 



■ o a 
- 43 o a 

■no ri 

H SI iH C 

*H O ■H 
43 ;3 O a 

©do© 

S 01 Ci 

c< < £ 

© t> © 5 

ft .H -O" 

J3 SI P, 
KN ft f< a 

01 43 .C 

43 a^ p 

•H O © e 

S 43 © 

o B -d 

^ 5 I © 

43 C CM B 

C ir\»H 
© "d si 

a C fl! rH 

ft a . O 

<ri -^ © 

p « © K 

^ 43 & OJ 

Pi 01 © 

© © P. t^ 

43 jj p, 

43 »-~ © 

01 043 Ei 

pa u) o -H 

©•HOC 
tlO U £ 01 
01 p E 
P. -d o 

O O "H © 
43 p. .fl rH 

CO Ph ft • 

01 43 .H 

O 43 p, K a 

•H H 60 C 43 

P< Si O Eh « 

43 C/3 43 -^ T3 

O — O 

© A3 © P< 

rH TO CL, © O 

W ©— © Vh 

•d fl 

03 O © 43 43 

© O ■« K 

"d o Vi © 

p © O O 43 



1. .H rH 



O © © O © 
C 5 C t O 
M tn O Eh to 

rtl^o^dl ©1 



-265- 

learners and four codes, (*) noro tiirn 10 viercent. Tno codes (**) 
had- the deceotivo provision that r:p.,^-e.c> paid to Icrrners shoiild not 
exceed in any calendar month, 5 iierce-'.t of the total -r ;e bill; since 
the nei-^e for lea.rners '-'as a su'b;:-iinin\Tj.i i7af;e, this all one dl a much 
larger proportion of_ ein-olo''oes than 5 -oercent. 

Exemptions congemin.T learners . - In pro,ctice, the limitations 
on niimher of apprentices fre.Tuently -"ere relaxed throii{;;h exemptions. 
The Cotton C-arnent code had an imusual rnxmher of exe;ntions of this 
sort, man7 of them granted to firms stcirtin;,' shoios to replace prison 
shops. Other exemptions of this sort -.'ere granted uhen firms had 
moved or hrd abolished hoiB-'Oi-k, 

Learning: "period . - iVll out 12 codes limited the -oeriod during rhich 
the suhminimum '7age applied. As Tphle 55 shows, the most frequently 
specified period "as three months (60 codes), hut 65 codes specified 
sis weeks or less. Thirty-three codes allovjed the suhninimun ^Ta^'e to 
run for six months and three for one jerx, (***) iinencijaent 1 to The 
Men's Clothing code ellorred a suhninimum rate for learners only during 
the first three months aJter home trork uas abolished: 

"Por a j^eriod of three months after December 11, 1933, 
any employer affected by Article III, of the Code ms-y engage 
learners to supplant ho?ie Tjorkers, who shall be paid not 
less than 70 percent of the minimum ijage provided in the Code; 
provided, that no employee shsll be classified a.s a. learner 
for Ioniser thrn the first eight weeks of his en-jloynent in 
the industrj", and, ■ provided further, thrt if any lea.rner 
working on a, piecevrork operation, earns more, he shall receive 
Tjha.t he earns.". . , 



(*) These were rll small codes: Pacific Coast Dried Fruit, 15 per- 
cent; Lace, 16.7 percent; Artificial. Limb, 20 -oercent; and Arti- 
ficie.l Plower, 25 percent. 

(**) Photograrohic Maniof acturing and Salt Producing. 

(***) T7arm Air ?urnace had this exceptionall],'" long period for a sub- 
miniEmm wage for so-called learners, with the spfegaard thaL.t 
the ^'■ear ai^plied to employment "within the industrj'", whether 
by one or more emplo37'ers," Cast Iron Boiler -provided thr.t learn- 
ers and a,pprentices should be paid a.t least 80 percent of the 
miniioum wpge and the total niiinber of such learners and a'ppren- 
tices sho"uLd not exceed 5 percent of the total factory em;oloyees, 
and that "no one shall be em':iloyed in the cppacitj/ of learner 
who is Iciown to the employer to have been employed within the 
industry for one year whether oj one or more erjoloyers." Thus 
the period for learners seems to be one year; the provisions for 
epprentices seems so tenuous -that it is not tabulated here. 
Artificinl Plower also had a 52 weeks provision for learners 
at 22-i- cents rate. 



O nr^r? 



-265- 

Some of the codes specified that the learning period covei'ed ex- 
perience an-T7here in the industry.'-; others omitted this safeguard and 
the period 'j.^s interorcted as fopl^inr to the particular employment only. 
The I'.IRji. received complaints tliat in scae industries old employees r/ere 
classified as learners end ether ex;periefLced workers '.7ere hired as learn- 
ecrs andooth groups were discliareed at the end of the learning period, to 
he hired elser^here at a continuing suhnininum rate. The matter of em- 
ployment hy one e.aployer vras easier to check and therefore easier to 
enforce, out emplOTonent an?yT7here in the industry '.7as a tetter protection 
to the -;orkers. • ' 

The; Throwing code had Very complete provisions along this line; 

"In order that the status of every learner may at all 
times he clearly defined, pnd sc that such learner may'oe 
properly accredited '.'ith his or her tine of service Uoon 
seeking empl03nnent in -"ncthef •Qill, the follcTring procedure 
shall he adhered to: Upon exoirptirn of the first six 'jeeks 
of the learning period, and not oefore, the learner shall be 
given hji- the .enploj-er a card hearing his or her narae , signed 
by the employer, -stating the time served as a learner, and the 
class of ucrk upon which such learner has been so engaged; and, 
upon ex"piratioh of the full tnelve weeks learning period, and 
not before, the said card shall be exchanged for a second and 
similar card, acknowledging that the employee lias served t-^elve 
weeks and is no longer a learner on the class of work upon wiiich 
he or she has been engaged. All cards so defining the status of 
the emplo;''ees referred to shall be in identical form, said form 
to be prescribed by the' code ac.ministration cora;'Tiittee , " 

In some instances ^-'here industries were working les; than code 
hours, questions arose whether six "r-eeks mearjt six calendar ^-eeks or 
240 hours. Tnen the Cotton Textile Industry was working short time in 
the suriner of 19^4, the i\!ilA received -orotests tlia-t the industr5'" was 
interpreting six weeks as 240 hours. 

Wage rates specified .- All but four codes -^ith learner provi- 
sions specified a subnininuin wage for learners. The most frequent 
provision was 80 percent of the nini^ur-i wage (153 codes), though 
in some cases the rate was ex^oressed as an hourly rate (usuill^'- 24(j, 28^, or 
SS-f) which was 30 percent of the basic mininun in the code concerned. 
Since many codes had differentials in the basic ninimun, the percentage 
statement was si;joler. So also was the "minimum minus $1." in 11 codes 
and "ninimuri minus $2" in two codes. • 

Thirteen other codes h^d s-oecial wa;-f;e -orovisions. Seven of the 
codes in Textiles and A'o-oarel "orcvided- for Bn increase in the learners' 



9803 



r-267-' 

rate duriu-'T the learnin/^- period. (*) Three codes fi::ed learners' rr.tos 
i,7ith the r.ates for skilled vorl-ers rather th-ri the "brsic ninimim in 
mmd. These .'rovisicns voiild be c'llod ;r) irentice n-ovisions except- 
ing that the period \7r.s short. (**) The other special provisions \7ere. 
also in Apppxel, Blouse o.nd Sllrt orovided a learners' rate of $11 
fo'r a 35-hoiir 'T^ek, the basic niniLUi:-i oeini]; A0^/3'i(f: per hour or $14/l2« 
per ijeek, Undor,3arm'^nt (a SVVwsekly hour code) provided for learners 
in IJetropolitan areas $10 for. 10 weeks; in non-metropolitan aren.s, 
$9 for 13 ^7eeks. , ■ 

Hourly rates for learners . - In Table 67, the 'jage bases in 206 
codes are translated into hourly rates. ITeedleuork in Puerto Rico is 
oraitted fror.r this table, for the 7c^ and lO;-^ rates are not comarable 
to any continental United Strtes rates. Tv.'O Textile Apparel Codes 
(k'illinery and Coat rnd Suit) '-ith lea:'ners' rates at or above the 



(*) These prOt^ressive rrtes "ere as follows: Thro\7in>q: 20rf per hour 
for 6 weeks, 26(5 for the, second 6 weeks, then the rniniraurn of 
32-V{^/30f5 (geographic differential); Shoulder Fads ^ 28.8ri? per hour 
for 5 weeks, 32.4(?J the. next 5 weeks, then th^3 basic minimum 36^; 
Cotton Ggrinent 50 percent' of the. rainirauia (35^/33 ij'i^) the first 
■4 weeks; 66 2/3 percent the second "4 weeks and 80 percent the 
third 4 T;eeks; Ileadlewcrk in Paerto llico . 60 percent of the mini- 
mum (12:7(^ psi" kour) for 6 weeks tu-id 80 laercent the next 6 weeks; 
Artificial Flower . ■$? per 40-hour week the first .,3 months rnd 
$13, the next 9 iionths, then the miniraun, $15; Hatters Fur Cuttini^: . 
$10, per 40-ho"ar week for 2 weeks, increasing $1 per week until 
the minimui;! of $14 \7as reached; k'illiner?;" set rates for Iccarners 
(called nilliner aporentices) as follows: $8.50 "oer week for 4 ■ 
weeks; $10 for the next 3 vreel-s, the basic minimum ($14/$13) for 
the next 3 weeks s.nd then not less than the minimum rate for mil- 
liners (59,;^, 51(5 and 49('5 in 5.ifferent s.reas). Student ap'^rentices, 
gradue,tes of an accredited trade school get $1.00 more per week 
than ordinary ap'^rentices. Similar "orogressive rates irere pre- ^^ 
scribed for "operrtor, blocker Cond/or cutter a-oorentices" beginning 
with the basic minim■UJ^ for the first 4 weeks. 

(**) The Millinery nrovisions have already been described p.g a progressive 
vs.te, TTomen's liecb.7ear provided that Icvarners not to/exceed 10 per- 
cent of the total eriijloyees for a -[leriod of not more than 6 weeks in 
the industry "light be paid less than the minimu.m rates for skilled 
workers (cutters $40/$34, operators 50(i*/51(^, ironers Al-SJAOA) with 
geogra;ohic; differences but not less thKi the ba,sic minimum (37j# per 
hour) find more tha,n the basic mininun. if piece-work ep.rnings exceeded 
$14 per week; Coat and Suit -orovided that in the western area ap- 
prentices (operators, wressors or finishers) might be paid 60^ -oev 
hour (males) or 47(5 (females), and apprentice-cutters ''-22.00 per 
35-hour weejlc. These rates are call above the basic minimuj.i rate. 
See Tnble B'S for wage rates rbove the mininun in this code, 
/ 



9803 



-268- 

"basic miniraara are also oinitted since .they r.'ero not subriinimum rates. 
Ilcre than half of the codes (109) had a flat niniraiam rate for learners. 
Here than half of tliose 109 codes, (59), prescribed SO,;;* to 34(*. One- 
third of these codes -vaid learners 25 to 29rf, 12 paid 20 to 24?^, rrhile 
t\70 codes ^jith basic nininiira rates of 45^ pa.id more thaji 35f^ to learnr- 
ers« (*) 

The other 97 codes ha^d t-^o or more subrninimom rates. "Sinety of 
these va.ried rrith the basic. iiiiniinum, rrhich had p. geogra,r)hic differen- 
tial in 62 ca.ses, a population idfferentiaJl in 16 cases, and both 
population aaid geogra/hic differeiitials in 13 cases. The other six 
codes had progressive rates increasing rith time as already discussed :' 
in this Section. Xlhen the lowest and highest rates in these 97 codes 
are tabulated in Table 57, the top rate is seen to be comparable to 
the flat mininun rate, 30 to 34(^ appearing; most frequently (55 codes), 
ar;d 25 to 29;^ ne:ct (32 codes). Differentials are found in three codes 
in frhich the top rates ^/ere 20 to 24^;?, (**) Seven codes had a top rate 
for learners of 35rf or more. This higher rrte seens to be the result 
of higher percentages f or: lea.rners rather than of. high basic minima - 
90 percent in Soap and G-lycerine, 87-\- percent in Automobiles, and mini- 
mum minus $1,00 in four Wholesale aaid one Retail code. Uhen the low- 
est rates rxe examined, it is seen that they bulked largest in the 20 
to 24rf group (41 codes) ajad the 25 to 29^' group (39 codes), Iline codes 
set a rate of ZOii or more and eight set rates of 15 to 19r*, 



Combining the flat minimum rates rith both loijest ajid highest 
rates in the codes with diff erentirls gives the distribatico. shomi be- 
low: 

Uith 
Hourly rate Total ?lat Differentials 

High wPA'e areas Codes I.Iinimum- Rate Toip Rate 



20 to 24r^ 
25 to 29((- 
30 to 34^ 



35rf and more 



Low wa;go areas 

15 to 19rf 
20 to 24^5 
25 to 29rf 
30 to 34,^ 
35(^ and more 



Total 



15 


12 


3 


68 . 


36 


32 


114 


59 


55 


9 


2 


7 


206 


109 


97 


Total - 


Flat 


Ifith Differentials 


Codes 


Ilinimum 


Bottom rate 


8 


, , 


8 


53 


12 


41 


75 


36 


39 


67 


59 


8 


3 


2 


1 



Total 206 



109 



97 



(*) Textile Exajiiai.i,-:;, Shrinkin ; and Refinishing 40-^i-^ (90 percent of 

basic minimu.i riid Printers Rollers, 36(' (30 percent of basic minim\im)« 



(**) 



9303 



liica paid 80 perceiit of the minimum ioO<f/o5<^)oT 24rf/205* to learners 
in the sheet metal division. Cotton Clftth Glove paid 65 percent of thp 
jiinimujj (32v^/30(0 or 21.} / IS-^sii » Infants' and Children's TJear paid 
75 ;jercent of tho minimum {ziy/ZOc}) or 24^(</22j^. 



-269- 

This shows 'chat even in the high nai'^e arep.s, learners seldom rrere paid 
raore than 35^ per hoiir and in trro-fifths of the codes less than 30^ 
per hour. jVlraost one- third of the codes 'orovided learners' rates of 
less than 25(^ for the low \iF",e are-^.s; ajid only one- third of the codes 
required as much a's 30i;;5 per hour. 

A few codes had a deeconding series of ra.tes. Soap & Glycerine, 
for instance, had a. sulinininum rate for learners (90 loercent of 40(?/35(^ 
(geographic) for "60 days of epprent ice ship in the industry"); "ermloyees 
engaged in the lif:ht tasks of trapping, pa,cka^ing and filling." a lo-uer 
rate of 32s-(^/30^ and "beginnerc at these light tasks 90 percent of 
32^^/30^ for six months. TThat this ajaounted to vas a female differen- 
tial and a 90 percent learners' rate for males ajid females. But the 
general leajrners Trere limited to eight \7eeks and 5 percent of the total 
employees, while the learners at the light tasks might include 25 per- 
cent of the total engaged in the light tasks sjid the subminimun rate 
lasted sis months. 



9803 



270 






nj 41 



U 0) 



sepoo t'fJO^TJ'ieiL ^ 



C\J 



ecpBJn eofAJGg p} 

noiq-Bsaoea 
eouBtzTj 
no'j^'B;>joclBUBaji jilj 

uo-nonaq.Buoo S 
2u-[:iB0-fjqB£ ^ 



■[ejBddB-sexf^^cGi lt 



sof jcqBj-setf^xej, o 



pooj ® 

q.ueuidTnba g{ 

aeqqnH j 

aedB^ f^ 
•oq.e "^BXBOfiiiQqo [J 
Bq.onpoad ^sejo^ ^ 

STB^en '^ 

SIBIVOi '^ 



1 



•«-p 
n C 

(D O 

■p tl 
«-■ 

l»-H 
P *H 

o o 

43 



9803 



f. o 

a S 

3 Tl 



o 
o 



IT 



CO 



a 
U 
a 
ci 
u 



m 
s 



H 



l-t I IT 



K\ I vo 



I I 

I I rvi 

I I CM 

I I 



iH ON cr\ I 



CNCO ir\ 1 



rHCO r-H H 



ir I OJ KN I 



I I I I 



ro I I KN I 



(MM3 CTsCM 

l-t NN ir\ 



B o 

•rj t. 

a O 

•H ra 0} m g 

g 43 +3 42 

a c c -a 

43 C O ® U 

US o o o m 
V( _ri-ON-d- n 

CM OJ KN43 

43 O O O O 

^ 43 43 43 C 

S 

O UN O UN 

cH OJ CVJ KNKN 

d 



I pj crsH ^o 



I I I I 



iH 1 1 


r-t 


1 1 


H 


H KNrt 


-d- 


t-i 1 


IT 


1 CM J- 


H 


1 ITS 


VO 



I I I 

I CM I 

I CM I 

I H I 

I I I 

J-H c 



N~ CM ONCVl I 



KN CM irvc^ 



t o 

o CO ra ra g 

g 43 43 43 

C C C -d 

o o o o efl 
rj J- ON J- ra 

CM CM KN43 

s: " c 

43 43 O CO© 

^ m 43 43 43 O 

^ o 

rJ O ON O LTN 

rH bOCM CM KN KN 

43 p= 



I I H I rt 

I I I I I 

I I CM I CM 

I CM I I CM 

I I rH I H 



I [—CO I IT 



CM C--* I f 



> ir\o i-i vo 

H 



I KNCM iH vo 



I CM CM I _d KN H I 



I irvH H t^ t-- I I 



I H I I 



CO rH CTn C7N t^ CM VO rrwO 



I I I 

I CM I 
I H r4 

H I I 

I I H 

1^ rH 1-4 



KN I I 

C-CM I -d- 



O- >J3 H iH 



•a 

O 2 

hO ^ 



03 03 cr) 


a 


o 


•a 


<u 


43 43 43 




t< 


c 


■i-( 


c c c 


-0 


© 


a 


<n 


© © © 


§ 


Vi 




en 


O O O 


Vl o 


c c 


01 






■H -ri 


o o 


OvJ-CJv 
rH W CM 


n 


Tl J3 


•H -H 


o 


43 


a 


43 43 


u 




C 


VH m 


tH cd 


a. 


"GOO 


© 


O Ih 


iH rH 


■"■ 


43 43 43 43 


c; 


, a) 


a a 


s 



CO 

© trv o UN o 

* H CM CM KN 
O 



P. S 

O O nH 
Ph ft. 6< 



O 
43 



•§ 



g- 



© 



■o 
a 

d 



o 

w 

01 

© 
o 



© 

> 
a 



•I 



© 
•o 
o 



« 

o 
K 



E-i 



> 



-271- 

P. APFEEWTICES 

S'j.'bTniniinam rates for ap'^rentices . - A much smaller number of codes 
(70) included a provision for apprentices. Nineteen of these codes 
included both l.earner and atDprentice provisions. In 10 of the 70 codes, 
(Table 68) the apprenticeship period wa.s one year; in four, two years; 
in seven, three years or more, Tv'elve codes specified a course and 35, 
an apprentice contract or indenture. Two other codes have been included 
as having arprentice rather than learner provisions - Cold Storage Door 
with no period specified but an apprentice wage no lower than the basic 
minimum and Fur Trapping which provided that "apprentices and other 
employees whose primary duty is to prepare and cure pelts" shall receive 
not less than $15 per week. 

As shown in Table 69, thirteen of the industry groups had one or 
more apprentice provisions, but Equipment contributed 40 and Fabricating, 
11 of the 70 provisions. Apprentice provisions occurred in 12,1 percent 
of all the codes, but in 50 percent of the Graphic Arts codes, 43,5 
percent of the Equipment codes, 42,9 percent of the Territorial codes, 
and 25 percent of the Metals codes. 

Limitation on numbers of apprentices ,- Forty-nine of the codes 
specified limitation on the number of apprentices, as reported in 
Table 68, Almost half of these (23) were 5 percent; one, 8 percent; 
14, 10 percent; one, 16,7 percent, seven, 20 percent; and four, more 
than 20 percent. These higher percentages were in the skilled trades 
where the number was expressed as one apprentice to four or five journey- 
men, 

7ifage base set .- In only 28 codes was the amount to be paid apprentices 
specified; in the other 42 codes here listed as having apprentice 
provisions the onlv thing cltrr wac- tiiat rpprentices were exempt from 
the miniimim wage. In 14 codes, the apprentice wage specrLj. ied was 
based on the niniinum hourly wage. In the Loajority of tnese (9 codes) 
it was like the learners ' rate, 80 percent of the basic ininimum. 

In 12 cases, the rate set was based on the rates for skilled 
workers rather than the basic .MiniMu..! rate. This is a More natural ar- 
rangement since bona fide apprentices are training for skilled jobs. 
In Drop Forging, for instances, apprentices "^ere to get progressively 
30 to 80 percent of the wages of skilled mechanics - not sxiecified in 
the code - but not less than ?4rf (which '-as less than 60 percent of the 
basic ninimum, of 40(2^/32<^). The Machinery and Allied Products code 
had a similar provision. Under the Stained G-lass code, apprentices 
were to start at Zb(f; in the North and 31?(# in the South and to be raiasd 
b(t every six norths for four years. In Graphic Arts(*) (Relief Fring- 
ing division"* the apurentices were to receive 30 to 75 Dercent of the 

* Graphic Arts had a provision also that boys under 18, not 
high school graduates, nig;..t work a year at half the' wage 
of unskilled labor {^QijZOtf: per hour). 'These latter night 
have been counted as learners but since the code called them 
apprentices andlsince the period was one year, they are 
not counted as learners, 

9803 



27: 



'> 



S 



a 



8 



■a 

a 



BapHjci TTS^BH w 
aspaji aT«BaxottM ^ 

noftjsajoaa "^ 

no^iOUHBuoo o 

9nTlB0TJ(l«i ™ 

jnsj pire jau^Bei m 

tajsdife-axTlsei ^ 

pooj w 
^■aaaidfnbs a- 

♦0*9 *BI»O-5B8tl0 E: 
t^STipOjd ^SSJO^ 

w 



TB*oi M 



0. 



-a 



CM mcvi i-i 
I I ) 

I s I 



1 


1 1 


i-l 




1 
1 


■ 1 

1 1 



I I I 
I I I 

fH I I iH 



I 



I 

I CJ rH 



I (\i f-l i-l 

f-t r-4 1-4 I 

I III 

1 1-4 1-11 

I fH I f-t 

I III 



I fH I 



1. 



■H I 



I 



I III 

lo o ir^ ir» 

i ■ . . 

I III 

I III 

I III 



KN iH i iH 



t>l 



'1 ■^'Sj P. "2 



^ 43 *> OJ -H 

s >»• c d u 

p o 9 a 0) 

c) a> o o o 

4^ h <D V 

^ P* *4 

O o o 

rH lO r-( OJ a 



Pi 



3 (Dp 

O O h -i» 

o o 

cvi K^ o o 



■1 ♦* 



S^' 



4> fEj tf ^ 
■rH « (U t> 

^ a a n 



Pi 



u 

.•g 



» 8 iH 
S M TJ 

u s d 

P. a 

vD O 

eo r^ d 

•H 
^ <H X 

o o o 

B 

» « a 
o o 



9 W 

d d 
o o 



t 1 - 

i-t 1-1 *» 

O O "H 

d d a 



9803 



-273- 



T/iBLE 69' 



Wage provisions for apprentices: Number and percentage 
of codes using and of employees covered by these codes, 
by industry grouns". 



Industry Group 



Codes 



Total 



Y/ith 
' this 
provision 



■Employees 



Percent 
this Provision 



■ : Covered: • 
'Total: by "codes : ■ ' 

:with' this: Codes 
: provision: 



Employees 
covered by 
codes with 
thJ. s provision 



Total ' 


578 


70 


22v554 


1,251 


12.1 


5.5 


Metals 


12 


3 ■ 


576 


104 


•25.0 


■ 18,1 


Non-metallic mineral's 


52 ■ 


2 


448 


• 19 


3, 8 


4.2 


Fuel 


■ 5 


- 


1,429 


- 


- 


— 


Forest Products 


17- 


' — 


606 


- 


— 


~ 


Chemicals, etc. 


33 


— ■ 


228 


- 


- 


■ — 


Paper 


32 • 


- 


294 


. 


- 


- 


Rubber • . • — 


4 


- 


155 


- 


- 


- 


Equipment 


92 


■ 40 


1,684 


4,402 ■ 


' 43.5 


26.1 


Food ' '■ 


48 


•- 


1,146, 


- 


' ' • - 


•- 


Textiles-fabrics 


40 


1 . 


1,025 


. y - 


■; 2. 5 • 


L. '■■ 


Textiles-apparel 


45 


— 


996 




- 


— ■ 


Leather 


11 


1 


30^9 


1 


9.1 


.3 


Fabricating 


82 


11 


1,250 


168 


' 13.4 


13.4 


Graphic Arts 


6 


3 


375 


251 


50,0 


66.9 


Construction 


10 


r' 


2,565 


20 


■10.0 


.8 


Transportation, etc. 


13 


1 


1,751 


■ ^■■^8 ■ 


'7.7 


.5 


Finance 


5 


- 


374 


- 


■ - 


- 


fiecreation 


5 


1 


459 


4 


• 20.0 


: .9 


Service Trades 


12 


1 


854 


goo 


8.3 


23.4 


T/holesale 


24 


— 


1,127 


- 


- 


- 


Retail 


23 


2 


• 4,779 


29 


8.7 


.6 


Territorial ' 


7 


• 3 


.124 


7 


42.9 


■ 5,6 



Major codes 



18,639 725 8,3 



3,9 



a/ Employees (in thousands) 

b/ Less than 500 employees (lOO) 



9803 



-274- 

journeynen's rnte durinf; the four to six years of their apprenticeship. 
In a ifc'-' casts, t:.c apprentices' rate T'as less than the rate for 
skilled enployees (specified or not specified) but not less than the 
tpsic niniiiiun rate. Such irere the rates in Notorcvcle (40^), Cold Stor- 
aiKe Door (40(#), and Zinc {47^^ to SOi;:^ depending on the location and 
division of the industry). 

General statements on aiiprenticeship in codes .- In addition 
to the provisions analyzed here, several codes Tjrovided for appren- 
tices in a more genei;al ^ey, for instance, requiring further study of 
the probleu. The Drejss' code provided that "lijcceptions from the above 
;aini .W.U vage rates .are :.granted for apprentices until the Code Authority 
shall raalce further .report in those cases no^,'' existing in ^hich appren- 
tice rates have be^n extablished after legitimate collective bargain- 
ing," There seems "to be no official record of ariy "further report, and 
it is repor.ted that no such ar-orenticeB '-'ere used in the industry. 

Several -co.d;es .'-'hich had fairly specific provisions for learn- 
ers nentioi^ed "rpurentices but gave no det' ils concerning them. For in- 
stance. Knitting, j^raiding and Wire Govt ring .Machinery provided that 
"learners d^uring tHeir initial '^' J days and anrrentices, not to total 
more than 5. percent of the .average yearl''' nuTjber of employees" should 
be paid not) less than 80 percent of. t-ie mini juj. Since it did not 
specify that the apprentices iiad r .year's term or a course or a con-. 
trrct, this, code is listed onl'^ under learners. Clearly, hoT^ever, if 
there yere.arcr bona .fide p-pprentices in the plants of this industry, 
thev needed to be paid onl^r 80 percent of the) minij-ium \^age. Similar 
provisions .occurred in Textile 'ilach,inery, G-asi Ap.plia.nces, and Cast 
Iron Boiler). In the latter code a year in the industry "fas specified 
for so-call!ed learners, but no detail '^as 'r:iven for apprentices. A 
few other codes provided that the c.ode Authority r^as. to study the 
problem of apprentice rates. 

The apprenticeship Executive Orcer.- Th.en, too, apprentice pro- 
visions v^ere covere.d by Executive Orctr in J-a)ne 1934. This Order 
(6750-C) provided; . ." [ \ 

",(1)' A person may be employed .as an apprentice by any mem- 
ber of| an' industry subject to A Code of Jair Competition 
at a v;a^;e lov^er than tiie mini..fa i -fage, or ior any time in 
excess] of the .maxiLium 'nour's of) labor, established in such 
code, .'if 'such ).7ieraber shall haye first obtained fri>n an Agency 
to be .designated or es.tablishe.d b'^ the Secretary of Labor, a 
certificate permitting such person to be employed in conform- 
ity V7ith a training program approved bv such Agency, until 
and unless such certificate is revoked. 

"(2) The term 'Apprentice', as used herein shall mean a person 
at least 16 years of age vho hai entered into a -Titten con- 
tract with an employer or an association of employers vhich 
provides for at least 2,000 hours of reasonably continuous em- 
ployment for such person and his participation in an approved 
pro.gram of training as hereinabove provided. 



-275- 



I^bor to -advise such Secretary in the ex-orcise of the pov^ers 
herein conferred, and shf.ll "bs conrooaedof one or more represen- 
tatives of the Office of Education,- and Hational Recovery Ad- 
ministration and the United States Department of L?bor." (*) 



The apprentice provisions in some of the later codes were model- 
led after this general Order. 'Thus, Code Ho. 551, Clock Lianufacturing, 
one of the .last codes a;iproved, included para-graphs 1 and 2 of the 
Sxecutive Ojrder as well as those -provisions on learners: 

"Learners sliall he paid not less than at the rate of 52-jf^ per 
hour. The total n-uiaher of such learners shall not e;:ceed in 
any cal&ndar month 5 percent- of the total numher of em- 
ployeeg covered "by the provisions of this Article. 

"Learners are defined as those emjoloyees who, prior to their 
eniplosniient as learners slrnll not have previously v/orked in 



the Industry for a period in excess 
may such employees he classified as 
hy whom they ai^e employed for a peri 



of tv70 months, neither 
learners "by ' the enroloyer 
od in excess of two months. 



Codes of Fe.ir Coiiroetition, Vol. XII 



513 



3803 



TABLE 70 



Lear:\ers f.id c ';-!rer.tices in the mr.jor codes 



:Sm"..lo;-- 
:ees 
llrunber cjid Ts^-.ie of Code :-(thou- 

:sa,nds) 



: : v^"iij er 
Desir-:li;-:iita- 
nr.tion:tion(;Ter- 
a/ :cer.tr.ge)bj' 



Period 



Wage 



3C7. C-ra;.)l:ic Ai-ts 

393. 3;;,roer shop 

347. I.iachinsr;- c"; allied 

yiro ducts 

401. Co-TTer 

2. S:ii-r-'Uilc:iii£ 

277. C-ra- Iron foundry 

60, detail T'rade 

278. Ti-uc::inj 

1. Gotten textile 

?01. Wholesale DistriLuting 

17. Aatoiaojile 

182. Retail food and .^to- 

cerj 

11. I^'on ?.nd Steel 

S4 . Fal; r i cat e d net r 1 s 

46, liotor vehicle 

retailir;:,- 

4. Electricrl ma^nu- 
fpcturing 

47, Barlcers 
2P, Transit 

44. 3oot and shoe 

118. Cotton :,arnent 

145. Farnittu-e mrnufe-cturirt 

15. ; Deri's clothing 

48, Sill: te.-itile 

16. liosi^iy 

196, Uholesale food C. gro- 

288. Daily nev/s "lut'.' iri.iin^ 

474. Ileecder.ork in 

Puer io l.j CO 

105. Autonotivc 'orrts 

373. Infant's L childrens' 

wear 

174. r.uober tire rafg, 

156. ?.uob«r rnig, 

275, Cher.iiccl nfg, 

362. Photographic Finishing 

21. Leather 

23 . Undenvear 



030 

200 

- 94 

54 
55 
80 

1,843 

l,-300 
483 
460 

447 

440 

420 
413 
350 

3^9 

300 
234 
206 
300 

: 193 
150 
130 
130 

113 

lOG 

100 

79 
75 

75 
74 
68 
55 
52 
50 



A 

A 

, A 

A 

A 

(A 

(L 

L 



L 

L 

L 
L 

L 



L 

L 



I, 
L 
L 



L 
L 

L 
L 

L 
L 
L 
L 
L 
L 



20 J 
10 T 
?0 J 

10;:J 

U 

5 T 
10 T 

■ 5 T 
'U 
10 T 



c/lO T 

U 

5 T 

10 T 

c/ -■ T 

5 T 

c/ 5 T 

5 T 

10 1 

:■ p 
u 

b T 

U 

10 T 

o/:.j T 

5 p 



5 

10 



F 

T 

T 
F 
T 
T 



4-6 years 

52 v/eeks 

Contract 

Indefinite 
104 weeks 
CorjTse 
13 Vfeeks 
25 weeks 

4 weeks 
6- weeks 
13 weeks 

Indefinite 

25 weeks 

Indefinite 
8 v.'eeks 
13 weeks 

Indefinite 

26 weeks 
Indefinite 
6 weeks 

12 weeks 

17 T:ecks 
8 v/eel'R 
6 week.T 

13 v;eeJ.s 

26 weeks 

Indef iv-i te 

12 wears 

13 weeks 
8 weeks 



weeks 
v.'eeks 
weeks 
v/eeks 
\.'eeks 
v.'eeks 



30 to 75^. of 
skilled rates 
Hinimura( 517/12) 

minus $1 
2A4 to 80';j of 
skilled rate 

Exempt 

ExeiTTt 

Szem'-ot 
SOf. of ',40/, 25 
l.Iininiuj-a($14./l) 

minus $1 
SO^i of .40/. 25 

Exer-T-it J 

i:inimuj.i($15./l3 

minus $1 
G7i- of .43/. 41 5/ 
.40 
Ilinimuin ($15/1 

minus $1 

E::emnt 
GO^. of .40/. 28 

Exempt 

SOf. of .40/, 32 

00;"^ of. 375/. 35 
SOfo of. 40/, 30 
80f^ of. 375/, 35 
50 to 80;;^ of 

.36/, 33 ( 

10)j of. 34/, 30 
?0-/. of. 40/, 37 
JO^ of. 325/, 30 
20^ (loasic min- 
imum?. 325/. 30) 
! iinii.iujTi( $15, /9. 

m.inus $1 
70f; 01 .40 
50 to 80^ of 

.125 
80^. of ,40/. 28 
75> of .325/. 30 

SOf. of .40/. 35 
QO'^o of ,55 
80^, J of .40/. 25 
80f. of .375/. 35 
80^'. of .40/. 525 
20(1; (basic min- 
imum s.325/,30 



■ -277r., 

' Pooti-otes: Trble 70 , " . ' 

Learners and p.-Torentices in the m^gor codes 



a/ A- apprentices'; L = lear:iersi I'o matter V\rha,t terminology the 
codes used, trainers are here called learners ur.less,the period 
of apprenticeshij) lasts' 1 year or a contract or coujrse is pro- 
vided. 



by J z joiirneyinen; T = total; IP = fr.ctory employees; U = Unlimited. 
cj Percentage includes office "boys and girls, 
d/ Pive per cent of total payroll. 



(... 



QO(^'^ 



Learners and a-yrenti ce s in the rn?..1or codes .- Ta"ble 70 shows 
t)-is.t ?.D of tr.j ':.---J:r ro uVh'-.d 1:.- mer -<rovipions, live had apprentice 
provisions, o.nd one, Gr: y Iron ^Vcuvdry , :md different provisions for 
learners and for a-m-entices . Iron ^nd Steel had such an indefinite ;oro- 
vision that in ;oracticG it rd,:-:ht ce translated into different "Trovisions 
for the t:7o groups out it is l.ere coraited as only a ler.rners' -rrovision. 

Since the em-loyees in these 3J rasgcr codes were Cl.'o ■:)ercent 
of the eiiiployees in all the codes I'dth learner and/or a--prentice irovi- 
sions, it is '7ell to looJc at tV.ese -irovisions carefully. These provi- 
sions show the sane ra.n;,e •— from 5 percent to 3*^ "oercent in numher of 
learners or a;?-?rentices — from "0 percent to C7-' -percent in rate; from 
4 7.-ee]:s to 25 reelis learning period for learner?, and one year to siic 
years for apprentices. They sho'j loose -rovisions of the sort which 
nave aroused worher conjlaints — no linit o;i tne nujnber of learners in 
Cotton Textiles, Under-tv.r, Hosiery; no linit on the learnini\; period in 
Iron r-nd Steel, Zlectric^.l i.i=,nu.facturing," Automociles, and Daily llev-s- 
pa.Tjer ruhlishing; no r--?.; e floor ii: Iron and Steel, Cotton Te;;tile, and 
Llotor Vehicle Retailing. 

III. OLii Ai's :-Aiii)iCiir?ji} 3i.:?L0Y:i:3S 

The protlem of a suhminiiTCun wai;,e for old and h.a.ndica;>ped emloy- 
ees arose first in interpretation of the r;-A. The first interoreta- 
tion placed uroon the "state labor comniission" the reG;oonsi"bility for 
issuing: certificates authorif.inj, the e.'.plo;^'''.ent of "persons limited in 
their earning power throu.^h physical or ;nentrl defects, age or other in- 
firmities ... on li^'ht duty l)elow t-.e minii^TJin '-a^e set hy the ?IIA.." 
This interpretation, as revised Ontooer 16, 1"3", requ-ired tlia.t "the 
state authority designated hy the U.S. Department of Lahor ... will lie 
guided hy the instru.ctions of the U.S. De-^artment of La'hor in iss'oing 
certificates to such per soris. " (*) 

Precedents in early codes .- Two cod.es out three had a provision 
for old and handicajped eunloyeas. I^'he first such provision (**) was 
in Code I'o. V for the Corset and Brassiere ln-\u.stry, a-joroved August 
14, 1973: 

"To assure employment to --oriers who are physically 
handica-Dped 5.nd to avoid their tjcoming --^ hurden to 
the state, such omrployees are e:.anpted from the (min- 
imum wage) provisions, provided such ^;.rr>loyees shall 
not er.ceed in niunoer 3 "-^rcent of the total workers 
errnloyed ty a werson." 



-«- 



See l.iineographed report "Exceptions to '..'a^^e Provisions of IIPA 
Codes in Cr-ses of Handicapood V'or^iers" , issu.ed "by the U. S. De- 
partment of laoor. Division of Labor Standards, Daceraher C, 
1335, 26 pp. 



** Later Code ilo. 1, Cotton Te:x:tile, incoriora.ted the wrovisions 
of 3::ecutive Order lie, 6606-F, discussed later in this section. 



9803 



-279- 



Other early codes incoi^joratin^ sucii ?. provision i^ere Code xlo. 31 for 
the Leather Industry, approved Septeraher 7, 193'3: 

"Exceptions to the eCoove minimtim rates ai-e. . . er:Tploy- 
ees disaoled "by old a^e or other causes employed in the 
plant... not to exceed 5 percent of the p-yi-oll." 

and Code IIo. 23 for the Unden^ear Industry, approved Septeiribc-.r 18, 1^'33: 

1'. ' 

"Gleaners, outside rorkers, and privile,;::ed eriroloyees 
combined shall not e::ceed 8 percent of the total Employees 
they shall receive not less "thpn 75 percent of the miniraum 
wa£,e provided for ordinary errryloyees. . .and r/hen '-/orking on a piece- 
■work "casisTste shall receive the standard ■:ieCdWork rate for the 
particLilar operation performed." 

"Privileged employees" i.vere defined as: 

"The tern 'Privileged enrployee' shall riean one '"ho "by 
reason of proven physic--_,l or .uental infirmity is not 
able to do the rnininun ar.io'unt of -work u.sually done \iy 
eiiroloyees in his classification of nork." 

Old and han'ica'oped employees in -particular occuoations .- A 
few codes groxiped •vs-tciimen '^dth old and handicapped enr-Tloyees - for 
example, Code llo. 134, Lietal Tank Industry: (italics are the present Author's) 

"Ho eniploj''er sha.ll "oay any old or partially disabled 
eiiTployse or watchman less tl:ian at the rate of 80 percent 
of the (minimum) rate;'. ...no employer sliall employ any 
su.ch employees and watclimen in an' a|^gregate number in ex- 
cess of 5 percent of the total n'omber "of employees. 

In the Chemical Lianufacturing Industry code, "em\3loye-iS who because of 
a.ge or infirmities are euroloyed xn such 'tiositions as vratchmen, gatemen, 
caretakers, etc.," - limited to 5 percent of the total employees - might ; 
be paid 80 percent of the minimiija ■'.'.■age. 

In other codes the old and handicapped ^-'orkers v/ere thought of 
in connection ^^ith other, occuioations. The Wrecking and. Salvaging In- 
dustry code allowed 75 percent of the "minimum wage rate for tin- 
skilled worlonen" for "brick and l-cmfoer cl'eaners v;ho, on accotmt of in- 
firmities of age pr physical and mental disabilities, cannot do the 
7?ork of ablebodied. workers. ". The Packaging Lfe-chinery Industry code al- 
lowed 80 percent of the minimum for "any em;oloyee V'ho by reason of phy- 
sical dis-bility or infirmity is conrpetent only for light v:ork." 
The 2.1otor Vehicle Hetailing code provided that in to\7ns of 2,500 or less 
"one washer or ^reaser or porter or helper or ag e d or "-phy s i ca. 1 ly lig.ndi- 
capped -orker"might be paid less than the miniraum (Ol3 per week) or 10 
per cent of the employees in establisliments employing more than 19 per- 
sons. 

ijlx^cutive order on old and lia.ndica-yed em'tiloyees . - The dominant 
;6aLtteni in code provisions concerning old and handica-opec' employees 

'.■■'■'' " ' ), 

S803 



280 



vBs Executive Order 6606-F (February 17, 1934), (*) vhich adopted the 
procedure follc-ed under the rilA to code minimum wages. This Order 
stated: 

"Question has arisen. ... psto whetner the minimura vjpgc 
and mav^imum hours provisions preclude these handicapped 
hy physical or mental defect, Pt,'e or other infirmity 
from their former opportunities for obtaining employ- 
ment, 

"A person TOOse earning capacity is limited because 
of age, physical or mental handicap, or other infirmity, 
may be employed on lir^ht work at a wage below the mini- 
mum established by a code^ if the employer obtains from 
the strte authority designated bv the United States 
Department of Labor, a certificate authorizing such per- 
. son's emplovraent at such wages and for such hours as 
shall be stated in the certificate. Such authority 
shall be guided br the instructions -of- th-e United States 
Department of Labor .'in issuing certificates' to such 
persons. Each employer shall file monthly vith the Code 
Authority a list of all such persons employed by him, 
showing the wages paid to, and the maximum hours of -work 
for such employees." 

Many codes -approved subsequently Incorporated this paragraph; 
some earlier codes incorporated it by amendment. The order itself 
provided that' "no provision of any code. . .which has heretofore been 
or may hereafter be approved, . .shall be construed. . .as to violate 
the rules and regulations. . .prescrined. " 

Old and handicapped provisions by industry groups ,- As Table 71 
shows, a total of 376 codes had a provision for old and handicapped 
employees. All industry groups were represented excepting i\iel, 
Finance and Recrertion. In terms of codes, the least use of the pro- 
vision was m''de in Service, Trades and Transportation; the most in 
Rubber, Paper Metals, and Non-i.tetallic Minerals. 

No_ .information is available concerning the number of employees 
covered by these*" provisions. . T^ble 71 shows that in terras of the total 
■employees covered by the codes, the least use of old and handicapped 
provisions, '-ts mace in Construa'tion, Forest Products and Service codes; 
the most in Rubber, Paper, Territoriai, Graphic Arts and Leather codes. 



(*) Codes of jair Co-.npetition, Vol. VII, p. 705. 



-281 - 
TJSLE 71 

V/a-^je provisions for old and har-dicapj^ed v.'orlrers; nxuiiber 
and pel' cent of codes and of enployees covered "by these 
codes, ^J" industry group 





Codes : Erroloyees : Percer 


ta;::e 




'■ : (thousands) : 






:T/ith old :Total tCovered "by : Codes 


:Zi;xoloyees 


Industry group 


rand handi-: covered :codes r/ith : uith old 


: covered 




:ca-o--ed •hy :old and : and 


:by these 




Total :T)rovisions: codes :hrTidicapiDed:handicaT)'ped:codes 


Total 


• • • • 

• * • • 

578 : 376 :22.554 : 3.786 : 65.1 


• 

': 39.0 



Lletals 


12 


10 


576 


155 


83.3 


26.9 


Ilon-I.ietallic minerals 


52 


41 


448 - 


247 


78. S 


50.5 


Puel 


i^ 


_ 


1,429 


» 


— 


— 


forest products 


17 


11 


506 


36 


64.7 


5.9 


Chemi cal s , etc. 


3S 


19 


228 


162 


57.-6 


71.1 


Paper 


3.3 


,31 


294 


291 


96.9 


99.0 


RnVo er 


/\_ 


4- 


155 


155 


100.0 


100.0 


Souipraent 


92 


61 


1,584 


5C9 


66.3 


35.0 


Pood 


48 


35 


1,146 


547 


72.9 


C5. 5 


T ext i 1 e-f aor i cs 


40 


20 


1,025 


710 


50.0 


69.3 


T ext i 1 e s-e-ppar el 


45 


■ rrrr 


' 996 


754 


73.3 


75,7 


Leather 


11 


7 


309 


283 


63. 6 


91.6 


Pah ri eating 


82 


54 


1,250 


1,060 


65.9 


84.8 


Graphic Arts 


6 


4 


375 


355 


66.7 


94.9 


Construction 


10 


6 


2,565 


111 


60.0 


4.3 


Transportaticn, etc. 


13 


5 


1,751 


1,212 


38.5 


69.2 


Pinance 


«-? 


- 


374 


- 




~ 


Recreation 


5 


_ 


459 


~ 




— 


Service trades 


12 . 


3 


■ 854 


74 


25.0 


8.7 


Wholesale 


';4 


12 


1,127 


389 


50.0 


34. 5 


Retail 




15 


4,779 


1,435 


65.2 


30.0 


Territorial 


7 


5 


124 


120 


71.4 


95.8 



Liajor coaes 



72 



io, o 



sr.Q 



5,331 



51.4 



3.5 



-282- 

The use of old c.iicl har.diCcvn'eC. pz'ovisions increo,se:l durin^' tlie 
■Teriod of code mrJcing, Only 40 cf the first 100 codes had such a 
provision; this increased to over CO of the fifth 100, as shown oy 
industv:' J^roujjs in Tahle 72, liost of the latea- -orovisions incorporated 
the provisions of the Execvitive Order, 

Wa.-.cs set for old e.t.C. hrndica-roed .- Tal)le 73 shov/s that only 104 
codes set a v/a^e for old and handicap-led employees; in 83 ca-ses tlie 
\!e.{^o set .at 80 percent of the hasic minirniijn v/ai^c. (*) In 14 other codes 
specified v/as less than 80 percent - usually 70 or 75 per cent; in 7 
codes (**) a straight l-rourly rate v'a,s '-^roccrVocC^ 

■ Forty-one codes s-et ;. flrt- nininura rate - var^-'in::; from 20(^ in Sill: 
Textile rno. 17hcless.le Grocery to 36('' in Printers. Sollcrs. Tv/enty- seven 
of these codes provided oOc or i.iore per h.c,:cx for. l^andicapped v;orl:ers 
but thn-ee set less th^.n 2'ir, 

The other 63 codes had differentials in the rates for li£',ndicap--)ed 
v/orl:ers. The lov.'est rate vra_s in Pecan Shelling;, SO percent of 16-jc7l5p; 
the hi;^;hest in TTreckint.: and Sc-.lva.ilng, 75 percent of 70rf/30?-'. The top 
rr.tcs in these 63 codes concentrated at 30 to Z4r (44 codes) but five 
code.G had r top rate of less than 25^. The laa-gest number of 'bottom 
r.atcF. (30) \,'ere 25 to 2S('' but 29 codes had .a botrom rate of less than 25if:, 

Addin, lov/est and hijhest rp.tes in the GS codes v.'ith diff creiitials 
to the flat miniraujTi rate of the 41 codes ^ives the i'ollov/ing distribu- 
tion of codes by vra^e rates provided for old and handicapped v/orlcers: 

Total riat Tf?ith Dii-'crential 
Codes Linimujn Hate Top Rate 

1 - 1 

7, 3 ■ 4 

20 11 9 

70 26 44 

6 1 5 





h \ 


Hourly 


rates 


Hii' 


■.T -e areas 




Under 


2Df 




20 


to 


24p 




25 


to 


29^- 




30 


to 


34i) 




3 Of 


c — 


p.d over 


Total 


Lov, 


,■ v.T-f;e areas 




Under 


20r^- 




20 


to 


24f? 




2." 


to 


29/- 




30 


to 


34^;- 




35i: 


C-I 


id over 


Total 



104 41 63 

Total Fla.t TJith Differential 

Codes riniraum r.ate Sot torn Pate 

2 ■" "_ " 2 

30 5 27 

41 .11 30 

30 26 4 

1 1_ r 

104 41 53 



(*) The instructions issued under the Executive Order specified that v/hen- 
ever the applicr.LT?> codfe contained a specific v,-af-;e'prcvisinn, this "was 
to prevail in the issuance of cer\;ificatcB;otherA.'iDe the v.-ate .i-.uthor- 
i^ed for the hj:'.ndicr,Toed v.'oi-l.:er should not be lesr. than 75 percent of 
the code miniraujn. 

(**) In 2 of these codes the rate specified was less than 80 percent of the 
basic rate; in 2 less than 80 percent of either northern or southern 
ba,sic rates. 1:^ 3 others the flat ro,te set was considerably less than 
80 percent of the niiniiiuin rate in the Forth but more than 80 percent 
of -ohc miniraurn rate in smrll tov.'ns or in the South* 

9G03 



283 



-p 



O 

n 

u 

u 
o 
o 

u 

•H 

• • 
cs 
u 

u 

$ 

•d 

a. 
ft 
a 
o 

•H 

XI 

§ 
•a 



h 
O 

to 
o 

•H 
(0 

•H 

> 

o 



9S03 





XT8TJoq.TJj[si 


\o 


1 1 1 1 iH Til 1 


. 






\o 


1 1 1 1 rH 1^ 1 




IT^q-SH 




to CM rH i-l «J( •5j( 1 


CM 


i-i 


1 rH 1 1 1 1 


(0 
iH 


CM CM 1 rH ^ ^ 1 




sxBsetoiiti 




1 to 1 rH » rH >;»( 


■* 


' 


CO 1 rH 1 1 1 


00 


1 1 1 1 to rH ^ 




sepuii eoTAJog 


M 


rH fH rH 1 


. 






to 


1 1 1 rH rH rH I 




uoiq.B©j[o©a 


. 




•i 

i 




1 


1 1 1 1 1 1 1 


• 
(0 


eouBUf^ 


. 




1 






1 


1 1 1 1 1 1 1 


■a 
o 


U0-; q.Bq.aod suBj J, 


lO 


> i-{ i-t 1 CM rH 1 


rH 


1 


r-i 1 1 1 1 1 


•* 


1 I rH 1 CM rH 1 


o 
o 

rH 


noiq.oruq.suoo 


CO 


1 rH 1 CM rH CM 1 


lO 


1 


1 1 CM rH 1 1 


60 


1 rH 1 1 1 CM 1 


•H 


3q.J\f of^tJ^ia 


'i' 


1 1 CM 1 1 CM 1 


ft 


1 


1 rH I 1 1 1 


eo 


1 1 r-i 1 1 ca 1 


U 
U 
(D 
O 
O 

3 

(0 


iaxq.B0iaqi8j 




CO CO CM rH OO O) 1 
rH r-i 


s 


■"4* 


in to rH 1 j 1 




oj to a> o CO O) 1 
^1 


aei{q.-B97 


6- 


to 1 1 rH to 1 1 


•H 


•-* 


1 1 1 1 1 1 


CO 


CM 1 1 rH to 1 1 


C 

•H 

it 
(0 


lejBddv eiTqxej; 




O •* lO C- CO rH 1 


rH 
rH 


to 


to CM to 1 1 1 


CM 
CM 


C~ rH 60 T^l CO rH 1 


C 
o 

•H 
IS 


30Xjq-B^ ©Xxqxei 


o 


CM CM » «* CO to 1 


CM 


rH 


1 rH 1 1 1 1 


00 


rH CM CM ^ CO 60 1 


(D 


pooj 
q.usu]ritnba 


w 

to 


1 1 CM CM CO t- 00 
r-i 

0> C~ rH O rH to 1 
i-i i-t r^ i-t 


rH 

to 

CM 


1 


1 1 1 1 rH 1 

CM to CM rH 1 1 


t 

CO 

to 


1 1 CM CM CO CO 00 
t-i 

CM in GO OD o n 1 




Jeqqng 


'* 


1 CM 1 CM 


CM 


' 


CM 1 1 1 1 1 


CM 


i 1 1 CM 1 1 1 


© 
•H 


jed^d 




rH t- ^ t~ M 1 1 


10 
CM 


' 


t- CM ^ 1 1 1 


CO 


r^ 1 CM to CM 1 1 


® 
ft 

« 


•oqa*s-[BOTiueqo 


s 


rH to rH to (O U3 1 


to 


^ 


rH rH 1 1 1 1 


CO 


1 CM 1 to to in 1 


1 


3q.onpo=id q-ssjoj 


rH 


1 CM •* CM (0 1 1 


to 


1 


CM rH 1 1 1 1 


CO 


1 t to CM 60 II 




T®ni 


1 




1 






1 


1 1 1 1 1 1 1 


•a 


o^IXBq.eji-uoN 


rH 


^ 01 to CM C~ CO 1 


c- 


<-< 


to t CM rH 1 1 


55 


to CO 60 O CO CO 1 




ST«^ew 


O 
1-1 


rH S rH rH U5 CM 1 


CM 


f-t 


1 rH 1 1 1 1 


CO 


1 1 1 rH in CM 1 




I^^Oi 


«o 


O rH O O CM rH CM 
»il CD CO C~ CO to rH 




o 

CM 


05 CO U5 60 rH 1 
to CM rH 


CM 
CM 


O «M ^ in en O CM 

M CM » m e- in i-t 




s 




O 

o 

(D 

o xJ 

■P o 

o 

O O O O O Oj *- 
rH CM lO '^ in h4 


«i 

■8 

i E-l 
•H 
O 

(D 
ft 1 

CO 

(D -a 

bO o 


O 

o 
o 

rH 


O O O O l>- 1 
O O O O lO O 
CM to 5*1 lO lO u 

o o o o o 3 

-P +5 +> +3 43 fcl O 

O -ri 
t-* r^ i-i r^ f-i fii CO 
O O O O O * -H 
rH CM to Tjt in hH > 


El 
1 

4J s> 
O -H 

a <^ 

O O 

bO O 
«l ft 
^ CO 


o o o o o t~ 

o o o o o in 

rH CM to ^ lO in CO 

O 

O O O O O O 'O 

+> 4> 43 -P +> +> O 

O O O O O O; 
rH CM CO ■* to 1-1 



284 



sepBj:} eX'sexoqM "^ 

uof^'BeJoeH ir 

eoxiBUTi "^ 

4e 'ao'(!)B:)iioc[suBtij, Ih 






§ 
U) 
l>. 

" a 

n pj 
© "O 

o 

ax> 

c • 
a 
■a o 
c^ 
Oi a 

Oi-rl 

d > 
o o 

r! »< 
■d o. 

c_ 
a "O 
X o 

cd o- 



n 



X! 

t. o 

o d 

u « 

a bO 

<D C 

5 O 



E <D 

01 o 
o 



s:iJB ofUdBao vo 



9u'pq.B3'(jqBj CM 



eonj puB jen:;Bai p 
XejBddB-sexT^xej, ir 

BoxaqBj-Bexxq.x:ej, ^ 



pooj 2 



i^uenidTnlia gi 
aeqcina _:} 

jedBi <^ 
•0^9 'siBOfineiio [j; 
eq.onpojd ^sejoj Jlj 

oiIIB:ieu!-uoti [r 

BXB^GK 



IT 



IT 






o 



10 



rvj 



III I 

c\j t I I 

iH CM rH ^f 

III t 

III .1 



fvi 



1 H i H 



cr\ CM I fo 



I n^ I CM 

CM 



I I CM CM 



I rf\ I 
CM 



I CM I 



III CM 



I I I 
I I I 

1 1 H 



III I 



_:t^ rcNt- H 



I I I 

I I CM IT 

I i-l I 



KNiH t~ K~ 

iH CM ^0 



III III 

I I CM iH H I -d 

I I f-l I il H CM 

III III I 

111 III I 

III III I 

III III H 

I CM H CM H I tVl 

III III 



I C- I J KN I VO 



I IT I ir\ I 



CM-d-HH ^t<\M K- I vo C- 



Hill 


H 1 1 


ICi 


H CM 1 


Hill 


H 1 1 


CM 


1 CM 1 


1 H CM 1 
H 


a^oo 1 


CM 


U^O H 

CM 



I I I 
I I I 

I H I 



I III 



I H m I KN H CM >o K^ I I 



I CM I i J I K\H 



I H H 1 H <-i 



I I I I III 

I H_d^ I ir\ I I ic 

I I H I I H I 



3- CM ro ~ 



I I I 

I CM H 

H 

1 H I 



invo CO 
HsO H 



I 



o 
m 



01 



43 

o 
o 
I 

• cr\ 

bOH 

^ ed 
c<l 

m t3 

> c 

to Ha] 

;< • a 
o torn to 
H c c 

r~i 'H n3 ^ 

O H C H 

CC H a H 

© <D 

o ^ 50* 
u m G m 

© -H 

43 a ^ c 
e a o a 
•H o © o 
(,©(,© 
a< Ok ^ b 



9H0ti 










H 




a 





E 








c 







•d 


tl 








a 


4h 


a 


© 


a 


r< 







•H 


J3 


■0 


4i 


c 


•H 


a 


» 


fi 





•0 


c 


c 





a 


■H 




n 


■d 


^ 


H 


> 










t, 





0. 


+> 



t3 
o 



o 

Ek 



> 

o 

a 



a 
a 
a 
o 

•r^ 
T) 
C 

a 

•o 
c 
a 



o 

E-i 



a 

4J 

o 43 
*> c 

© 
» o 

*> t. 
c © 
© a 

F>o 
aco 
a 

B 

© a 
a 4J 



P 
o 

© 43 

t, ■§) 



a a 
<M n b 
o © o 43 

iJ CO to 



a 



> 



© 



'd n Q D9 

43 4J 43 

O C! C C 

B © © © 

000 



ONJ- 



©CM CM 
4^ 

a o o o 

t, JJ 4i 4> 

H CM CM KN 



O 

to 



4-1 



^ o) «1 



n n 03 
4S 42 4= 

C B B 



©0000 



4:1 4> 
B B 
© © 



4i 

t.'cM 

43 O 
ra 4^ 



H MCM 



O 



ON-d-O 4>_d- 

CM KN_d- a CM 

000 o 

43 43 4^ 4J 4^ 

n 

ITNO tCN © O 

CM rcvtoi ^ CM 
o 



CM rr\ 



43 

B 



a 4^ © 
B a 
10 o 

o m 
f< u 
© © 1:4 
■da© 
c > 
p m o 



© © © © 

45 45 43 4^ 

a a a a 
u u t^ u 

4^ 43 43 43 

B fl B fi 
© © © © 
0000 
> I I > 

VO KM^OJ 
KN H ITN H 

a a a a 

tiO w to bO 
a B B E 

^ ^ fl -H 

•d TJ "d tJ 
3 3 S 3 

H H H H 
0000 

B B B B 

H H H M 



al^ol'dl 



-285- 

i'hlls in the, M^h v.'a,:;s p,r\^r.s, the m? jorit,''- oi che. cocey >rovided for f-, 
mi::imur.i v&Qe of ?0 to S4f? for old r.nd handicap-^ed v/orkers. In the low 
yrsy^e areas," the, lr.r;;est nvciter of codes (4l) ;irovided ?5 to ?9r.* thou^ch 
50 codes ;orovided .^O to .l-k' f;iivd another SO codes, 30 to S4(^. 

Several codes s-^ecified thr.t. handica-TTed v/orhers' on piecevrorh 
ea:irni"iit_; more than the ninimiira -irescrioed for old and hiandican-ied corners 
nust "be paid their full "oieceworl: earnings. The Leather: and Wool Ilnit 
Glove code "orovided for "liecev/orh earninji^s v;ithout anj^ ainintua guarantee! 

• "Superannuated or -lartiall^ incapacitated worlrers 
now eiiTiloyed in the industry on piecev-orl: rns^- he 
retained rnd "-i-aid: their earnin;:;;s at the piece 
rates v/ithcut regard to the minimuni wages pi-o- 
vided lierein. The n-jxiber thus -retained shjill not, 
in sixir event, exceed 10 percent of the employees 
in the factor;-," 

■The Sa-ddlery code v/rs- unioue inprovidin^: thet su:Terannuated sl-illed 
enployees should receive not less than -80 percent of the minimum ra^te 
for La" skilled v;orl:ersr ; 

"Skilled mechanics who, on accouiit of the iiifirmi- 
ties of age or some ph^"sical or mental, disaoility, 
cannot do the v/ork of ahle-oodied workers, are ex- 
empt from 'the wajve -■;a--o visions of their class; pro- 
vided, however, that such emplovees shall not exceed 
in nvjriber 5 percent of the total workers employed hy 
a, mpjiufe.cturer; hut any me.nufacturer. niay emploj^ at 
least tv/o such enr'loyees. Their compensation, if on 
piecework, sha.ll he the regular piece rates; if on a 
time hasis, they shall he paid what, they- are worth, 
mes,sured hy the output of fair average ah le-ho died 
workers, out in no ce.se, shall this:he legs than 80 
percent of the minimum rate for- unskilled vrorkers. " 

The Blouse and Skirt code is interesting in,rproviding that "em- 
ployees whose earning capacitj- is linited.tecaus.e of age^. physica,l or 
mental h^.ndics.p" (*) might v/ork for less tha^n the industry scales of 
70^-/45{i per hour for operators; 50ff/40f^J. f or irone-rs; etc., hut not less 
th^,n the hasic minimum of $14./$12. per SS-houj:' week. 

ilui-Jo er limi tgt ion . - Only 99 of the codes' limited the number of 
eiiT.ployees who could he classed, as old and hancAca.^"ied, and this number 
included 36 codes which s'lecified no v;a.,;e. Pive perceiit wa.s most 

(*) This code added hy amendment April 3, 1935 that 03-ierators or 

ironers certified to the Labor Conrolaints Committee as "of very 
lo\'r productive capacity" not to include (vdth learners and a.ged 
workers) more than 30 percent of the total eiffiployees. might he paid 
on the same basis. 



. "286- 

frequ-eiitly cited - in 68 codes; (*) 1" E;'jecii'ied les" tlii\n 5 -^orceivc^ 
(one, 1 ;oerceiit; 10, ?. ;-iercent; four, 7i ;^ierce".it) , r.nd IS, more tlip,:i 5 
jpercer.t (3 codes, C --^erccnt; 15 codes, 10 ^oercent). As has e,lrea,Cv" 
bee:'. iiic'dcE.ted in s". :•:■ of the code provisions quoted, the percentr.i^'e 
frequent I7 included other subninimu:-.! :\;roUj-)s also. Foiu- codes (**) 
"irovided thf.t the number of he. ndi capped erj/loyeos should not he in- 
creased over the nujnher on Jul;- 15, 1933. 

The Slit Pc.hric code ■_')rovided also for some control over these 
er.Tjlo^ces "by the Code Authority: 

"That the employer sh£-.ll at once prc^iare and transmit 
to the Code Authority a list of such ezcepted persons 
stating name, class of occupfition, wage rate, length 
of service, and rer.son for exception. This list sh?,ll 
he revised un-to-drte once each month and tra,nsmitted 
to the Code Authority." 

Old and handica.pped provisions in mr.jor codes.- As Table 7--- shov:s, 
only 37 of the 72 mrgor codes had a'.ij'' suhr.uniraurn wage for old and 
ha,ndicrpped v.-orhers. Tv,'enty-one of these codes exemted such ennloyees 
from the minimum v/age; 13 set a wage vary in , from 70 to 80 percent of 
the minimum wage; thjree codes ignored the differentials in their oasic 
minima and set a flft minimujrn for handicapped vrorhers. The Silk Textile 
code provided thr,t - 

"Employees v.'ho are physically incapacitated mc'.j of 
their own volition , viaive their right to minimujn 
wages but no em;;loyer sha,ll eiiroloy such worlcers s.t 
less tha;n stands,rd piece rates or- at less thani the 
rate of $8 per weeh for time." 

Wholesale Grocery used the savie terminolog;'" (excepting e.s regards piece 
re,tcs). The Rubber Tire code -provided not less tha,n 25(;5 per hour 
(basic rate 40/35(2^) for "employees partialis'" incapacitated through age, 
injury or disea.se," The Hubber na.nufacturing Industr" code a,lso set 
25r;(basic rate 35^) for "s/n;^ enriloyee of 10 years' service partially 
inca;oacitated through e.Qe or a.i^- employee partiaJly incapacita.ted 
through injury or disea.se." 

Sixteen of the major codes limited the ntunber of old and ha.ndi- 
ca.pned em2')loyees to be pa.id the subminimum ra,te. This varied from one 
such eEr->loyee in Silk Textile plants with less tlmn 100 employees 
(1 p-ercent of the employees in larger plants) to 10 percent (usually 
v/ith some ether group) in five codes. 

Ilore than one-third of a.ll certificates issued for ha,ndicapped 
workers under the Executive Order ( 17, 203) were for workers under the 
Cotton Garment Code and 1,653 v;ere for workers under the Canning Code. 
Altogether 12,305 were issued mider the major code provisions listed 
on Table 74. 

Slow Workers .- Relaited to "orovisions for old and liandicapped 
workers were the 'provisions for slov: Tjorkers. These were found in tvfo 
(*) TJhere no number "-as STDecified in the code, the certificates were 
linited to 5 percent of the employees in the carrying out of the 
Executive Order, 

(**) Slit Fabrics, Shoulder Pad, Ladies Handbag, Fresh Water Pearl Button, 
9803 



TiffiLE 74 
Wa.£e provisions for old and liandica,Tipod enrplosrees in major codes 





Code : 


Employees : 


ITujrib er : 
limitation : 


Wage 


ilo . . 


Percentage: 


Amoujit 






(thousands) : 


(loercentage) : 


of minimum: 


(in cents) 


278 : 


Trucking : 


1,200 : 


— : 


m* 


- 


1 : 


Cotton Textile : 


483 : 


- : 


- : 


- 


84 : 


PalDricated Uetal Products : 


413 : 


2 : 


80 : 


32/22 


46 : 


Ilotor Vehicle Retailing a/: 


350 : 


10 ! 


- 


- 


230 : 


Retail Solid Fuel : 


346 : 


10 b/ : 


75 


375/ 1G| 


287 : 


G-rapMc Arts : 


232 : 


- 


- 


— 


-44:! 


'I' Boot and Shoe : 


206 


5 


; - 


: — 


118 ! 


Cotton C-armcnt : 


200 


- 


- 


: - 


145 : 


Pui'niture l.ianuie,cturing : 


193 


- 


- 


- 


.33 ! 


Retail Lumber : 


186 


10 £j' 


75 


: 375/263 


445 < 


' Baking : 


186 


— 


: - 


: 


15 : 


Men's Clothing : 


150 


5 


: 70 


: 28/259 


48 


Silk Textile : 


130 


1 


: 


: 20 


147 


Ilotor Vehicle Storage : 


130 


; - 


: 


: 


120 


Prper and Pulp : 


128 


3 


• 80 


: 32/26 


543 


' Motor Vehicle Maintenance : 


115 


! 


: - 


: — 


196 


Wholesale Pood & Grocerjr • 


113 


: 5 


: 


: 20 


288 


Da.ilj'" newspaper Publishing: 


106 


• 


: 80 - 


: 32 


37 


• Builders' Suroplics : 


100 


; - 


; - f 


: - 


474 


lleedlevTork in Puerto Rico : 


100 , 


: — 


: - 


: 


446 


Canning : 


99 


: 


• 


: 


347 


Machinery £: Allied Products 


94 


; - 


: 


: - 


459 


Bottled Soft Drinl- : 


93 


: — 


: - 


: 


LP18 


TTnolesale Pruit & Vegetable 


: 93 


: - 


: 


: 


64 


Dress Manufacturing : 


88 


: 10 


• 


: ~ 


277 


Gray Iron Foundry j 


SO 


: 5 


: 80 


: 32/22 


105 


Autoriotive Parts ; 


79 


: 5 


: 80 


: 32/22 


373 


• Infants' &. Childrens' Wear: 


75 


: 10 


70 


: 23/21 


174 


Rub"ber Tire : 


75 ■ 


: - 


: - 


: 25 


156 


RublDer Manufacturing : 


74 


: 


: 70 


: 25 


392 


Real Esta":e Brokerage : 


70 


: - 


: - 


: 


275 


: Chemical Hanufactujring : 


68 


: — 


: 80 


: 32/20 


401 


' Copper ; 


64 


: — 


: - 


: 


LP15 


: Alcoholic Beverage Whole- : 

sale : 


60 


: — 


I "■ 


! "* 


21 


: Leather : 


52 


: 5 


: - 


: 


23 


: Underwear : 


50 


: 8 


: 75 


: 25/23 


.82 


: Steel Castinfi^s : 


50 


: 3 


: 80 


: 32/20 



a/ Only in towns of 2,500 population or less. 

b/ 10 percent includes office workers of less than 

six months' office experience, 
c/ 10 jTercent includes office workers under 19 yee.rs 
of age. 



3803 



-238- 

Tobacco code, and three Apparel codes. Tlie Cit'ar code had a 22-|-j;* sub-inin- 
iraum rate for slov strippers, cXi^av malcers and aa.chinG operators and the 
Cigarette cole, a 25rf rate for slow hand steiTirnerp. Cotton Cloth Glove 
provided that substandard workers (liirdted to 10 percent of total enrployoes) 
need he paid only 65 percent of the minim^im wage -unless they earned more 
on picco work. The' Millinery code ?s amended ITovemher 9, 1934 liad this ; 
very general -"jrovision: . . 

"To' alleviate the distress :and undue hardship in special and cxccp- 
tion-'-.l cases wherein a worker properly helon^ing to this Industry , 
is threatened with loss of oraplojinent or inability to secure 
einployment becs.use he or she is pdmittedly of veiy low productive . 
capacity, the Special Millinery Board shall have the povfor, subject 
to- the disapproval of the ilational Industrial Recovery Board, to 
permit the employment of such worker a-t a wage less than the basic 
minimum wage 'of this Code 'provided it :is established to the satis-; 
faction of said. Board that such ■'^. person is acanittedly of very low 
productive capacity because of old age, physical debility, or other 
sub-no rm^.l condition. ■ ■ ' 

"The Special iiillinery Board a?.y, subject to the approval of the 
'National Industrial- Hecovary Board, provide such rules, regulations 
arid tests as -'it may deem necessajry to .establish the fact that such 
v&ry low productivity is actual and not based on an inequitably 
measured piece-rate or unit of productivity or weekly or hourly 
rate of payme^nt. ; 

"In no event, ■.sliallthe pi-ovisions of this Section be deemed in 
contravention of Zixocutive Order Uo. 6606-r. .(*) 

The Blouse and Skirt code was amended A::iril 2, 1335 as follo-'S: 

"In the blouse industry an ,individ"Lial operator o.' ironer, who is 
certified to -be of very low productive, capacity, may be ernployed : 
at a wage less than the minimum v/age prescribed fi>r said worker : 
in Article III, Section 3-A, provided:- 

"(l) Tliat at least 50 perqent of the 'i^forkers in the ssjne class in 
an individual plant earn njore than the minimum images prescribed for 
said class; 

"(2) That the regu.lar piece rates, where such exist, shall be 
paid to such v.'orkers, and .that the \7agcs to be paid to such workers 
of very low productive capacity shall :not be less than 75 percent of 
the minimum wages prescribed for the qlass to which said worker 
belongs; or less than $14 per week in .cities having more than ; 

250,000 population, and in New York City, or less tlmn $12 per week 
in cities ha.ving a population of 250,000 or less - in those cases 
v,-hcre 75 percent of the prescribed minimum wage would yield less 
than $14 per week or $12 per .week. 



(*) Codes of Fair Competition, Vol. XIX, "o. 131. 
9803 



-239- 

"(3) In eA"" one -olant the tota,l niiniber of worhers 
in any one of the alDove n^jAcs classes receiving less -- ■ 
tlian the minimum v/ages prescrihed for said class 
shr.ll not e:f:ceed 20'^o of tae total nuraher of workers 
in said class whether the exemption from the ninimui;i 
rate of wages is "based upon the exemption allov/ed for 
lea„rners in Section 5, for employees of limited 
earning capa.city in Section 6, or for yevy low 
productive ca^oacity provided for ahove. 
"(4) Each employer shall surait the names of v/orkers 
clfdmed to he of vei-y low productive capaxity to an 
Exemption Committee or to the Lahor Complaints Com- 
mittee for certification as to their very low pro- 
ductive capacity." (*) 

As the Executive Order on old and handicapped workers was carried 
out under the direction of the Division of Lahor StpndS.rds, caxe v/as 
tslzen to prevent the classification of slov/ workctg as handicapped 
workers. Certificates were refused v/here the. difficulty seemed to "be 
piece rates so low that a la^rge, proportion of the eirployoes could not 
earn the code minimum. 



(*) Codes 01 Eair CoII^^etition, Vol. XXII. p. 131. 



9803 



• -290- 

IV. JUiTi on aiPLOYias 

Code nage provisions for junior employees, minors, or youths T^ere 
not clearcut. They frequently occurred in comhinations rrith provisions 
for other subininimuw groups: women workers, learners and aiopr entices, 
and office toys. Only one code in every 20 provided for juniors as such 
but many other coues had sutminiinum wages which were aiDplicahle to junior 
employees. ?or instance, provisions for learners and for office hoys and 
girls, with or without a stated age limit, could cover manj'- juniors. This 
section will exaiiine some 29 provisions for junior employees as such. 
Since the nui-her is too small for statistical treatment, the discussion 
will he in t ,rms of the particular codes having these provisions. 

J unior rates and female differe nt ials .- In manufacturing industries 
exemptions for male juniors so^^letiraes accompanied female differentials. 
Three codes (*) provided the same suhainimujn rate for male juniors as for 
women workers. Three codes provided different suhmininiom rates for women 
workers and minors. Malleahle Iron, for instance, paid men o2?r to AO<p', 
women 30 to 35^, and minors and learners 26 to 32^'. Rayon and Silk 
Dyeing and Printing paid males over 18, 45^; males under 18, 36^; females, 
35^, and had no rate for learners. Plumhing Pixtures had a 40j# minimum 
wage for adult males, a "ibit rate for females over 21, and a Z2(j; rate for 
minors under 21, and no learners' rate. 

The Copper code had sex differentials for juniors IS to 18 years 
old - 80 percent of the "basic rates (35 to 40^ for men, 30 to 35^ for 
women). This code had the unique provision: (italics are the present 

author' s) 

"The n\imher of minor employees receiving less than 
the minimum rates for adult employees shall not exceed 
5 percent of the total nuraher of employees in any one 
factory. Minors in excess of said 5 percent may "be 
emiploved p r ovided that they he paid not l e ss thar the 
minimum rates for adult employees . " 

Juniors in other manufacturing codes .- The Lumher jode - without a 
learners' provision - allowed 3 to 5^ less than the 23 to 40;^ minimum 
rate for employees under 20 jrears in the Wooden Paclvage division of the 
Industry - not more than 20 percent of the employees to he paid at these 
suhminimum rates. The Dental G-oods code allowed learners and "factory 
workers and artisans under 18 years of age" a wage of 80 percent of the 
35(i rate, learners and juniors heing limited to 5 percent of the employees. 
In Hardwood Distillation, a provision of 80 percent for males between 
16 and 18 years of age applied only "when the lack of income would work 
a hardship on their dependents." 

Specified occu ioations .- Four codes provided suhminimum wage rates 
for certain specified occupations frequently filled hy juniors. Thus the 
Bowling and Billiard Operating code provided for rates of $11 to $15 for 
hallrack hoys compared with $12 to $20 for other emploj'^ees; Barber Shop, 



(*) Coated Abrasives (under 18); Farm llquipment ("youths"); 
Far Dressing and Fur Dyeing (tuader 19). 

9803 



-291- 

$6.50 to $8.50 rates for "boofblacks and ,'brush'boys; Commercial Fixtures, 
80 percent of the hourly minimum for "talce-off 'boys" for six months. 
The Throwing code provided an 80 percent rate for hohliin and skein car- 
riers and 'bo'b'bin cleaners, operations which are usually filled "by young 
persons, "beginners in the industry. 

Juniors in Distributing Trades .- Five P^etail codes and one Wholesale 
Code (*) provided for junior employees as follows: 

"Junior and apprentice employees maj "be paid at the 
rate of $1 less per week than the minimum wage otherwise 
applicahle; it is provided, however, that no employee shall 
"be clas "df ied "both as a. junior and a,s an apprentice employee, 
and it is further provided that the num'ber of emploji^ees 
classif i-ed as junior and as apprentice employees, com"bined, 
shall not exceed a ratio of one such employee to every five 
employees or fraction thereof up. to 20, and one such employee 
to every 10 employees a"bove 20." 

This provision is ta"bulated under juniors and learners (rather than ap- 
prentices "because there is no learning period of one year or more). 
Retail Food and Grocery had a different provision for delivery "boys 
(tabulated with office "boys and girls and messengers in the next chapter); 
under the other five codes young delivery "bo3''s could "be classified as 
jTiniors. 

Two Wholesale codes (Industrial Supplies Trade and Machine Tool 
Distri"buting) allowed $2 less than the minimum for junior employees "be- 
tween the ages of 16 and 18 with less than six months experience in the 
trade. The general Wholesaling code provided the same differential for 
junior employees (16 to 18) "for the first 12 months of their emplojnnent"; 
and Importing, Retail To"bacco, and Sewing Machine (Retail Stores) "for 
the first 6 months of their employment." The Wholesa],e Plum"bing code 
had a $1 differential for junior emr)loyees "between the a,ges of 16 and 18. 
Because of the nature of the "business, these provisiont in the Distri"but- 
ing Trades Code might apply primarily to office "boys an^- girls and 
messengers "but "because of the terminology of the code they are classified 
as provisions for juniors. 

Child la"bor in ipu'blishing codes .- Since most NRA codes prohi'bited 
the employment of minors under 16 years of age, the provisions for junior 
employees usually applied to "boys and girls over 16 years of age. Eleven 
codes specified an upper limit of 18 years; Fur Dressing, 19 years; 
Lum"ber (Wooden Package Division only), 20 years; Plum"bing Fixtures, under 
21 years. Several codes did not define the age of ""boys" or "juniors" 
or "youths". 

The Graphic Arts code permitted "persons 14 years of age or over" 
and the Daily Newspaper code "persons under 16 years of age, who are a'ble, 
without impairment of health or interference with hours of day school, to 
deliver newspapers; to sell newspapers, provided that no such person 
shall "be employed in street sales "between 7 p.m. and 7 a.m. from October 

(*) Retail Trade, Retail Food and Grocery, Retail Farm Equipment, 

Retail Jewelry, Retail Trade in Hawaii, Wholesale Food & Grocery, 

9803 



„og2— 

1st to i'arch 31st, or 'betvTeen 8 p.m. and 7 a.m. from April 1st to Septem- 
ber 30." (*) There was no guaranteed nage r/hatever for such employees. 
The President's letter a-oprovi,ng the Daily newspaper code stated: 

"I am not satisfied with the Child Lahor Provisions. 
A special report and recommendations in regard to the carrying 
out of the provisions will he made to me at the end of 60 days."(**) 

However, the^^e provisions were not amended. 

Provisicns for junior employses in major codes . - The 2S codes with 
provisions for jrjiior employees incMded ninb major codes already men- 
tioned; Hetail Trade, Lumhe- and Tiriher Products, TTholesale Trade, -re- 
tail Food and G-rocery Trade, G-rrphic Arts, Barher Shop, } owling and Bil- 
liards, ".Tholesale Food and Grocery, and Daily newspaper Puhlishing. There 
are no figures concerning the number of junior employees covered by these 
codes, but the total employees covered by codes having subminiraum rates 
for juniors ^fere over 4^ million, or one-fifth of all employees under 
codes. 



(*) Codes of Fair Competition, Vol VII, p. 82. 
(**) Codes of Fair Competition, Vol. VII, p. 71. 



9803 



-293- 

V. OTHER SUBMIHIMUM HATES 

A nuaber of other codes provided subminimiim rates for certain 
specified occupations. IJone of these were specified as Ke/^ro differen- 
tials but it seems likely that sone of them were intended to apply to 
Negro workers. 

The exemptions of miscellaneous occuioations may be sujir.ir.rized as 
follows: 

Casual labor 9 codes 

Cleaiiers or jajiitors 7 codes 

Outside workers 7 codes 

Employees who receive tips ...... 4 codes 

Helpers 6 codes. 

Special occupations . . . . ... . .11 codes 

Since the numbers B.re too small for statistical treatment, the loarticular 
provisions will be cited. 

Casual labor .- A number of -codes provided that a certain propor- 
tion of unskilled ue.le workers might be employed at 80 percent of the 
basic minimrm or at some si^ecified subminiraum rate. These provisions 
included: • 



2. 
10. 
34. 



49. 
50. 
89. 



98. 
102. 

234. 



Code 



Shipbuilding 



Employees 
.8^ . 

■ 10^0 



&.ibraininum jlate 
80)0 of 45rt^/35^ 
SO^^J of 4'V 



Petroleum (Marketing 
division) 
Laundry and Dry Cleaning Casua.1 work- 80"^ of 40^ 



Notes 

"Casual and In- 
cidental labor." 
Certain southern 
states only. 

The South only. 



Equipment 

Optical Manufacturing 
Automatic Sprinkler 
Office Equipment 



Fire Extinguisher 
Shovel, Dragline & 

Crane 
IJacaroni 



ers on pro- 
duction 
20^ 

8'S 

5f. 



32-^-95 (basic 4' Y " 
35i^/30^ (basic 4^0 
80^ of ^'^^l'Z5(t; Percentage in- 
cluded office 
b03/-s and girls. 
Casual 80^0 of 4^V 
Hon-produc- 

tis^e, 10^ 35;;* (basic 40^ ^ 
10^ 30^- (basic 45?^/ 40^) 



Cleaners and outside employees .- Seven codes, larp;ely Textile codes, 
had siibmini lum rates for cleaners or janitors — positions frequently 
filled by Negroes in the South.: Some of these codes allowed longer-than- 
basic hours for cleaners but even with the longer hours their weekly 
earnings were usually lov/er than the weekly ea.rnings of basic employees. 
The rates were as follows: ;■ 



9803 



-29 4f- 
Codes Snbrninimura Rate Hours 



1. 


Cotton Textile ' 75y of 324<;J/3'V 


44 


23. 


Undenvear 75fo of 22^(^'/3'l<p 


Unlimited 


27. 


Textile Bag S'Tfi of 32>(i^/3'V 


Unlimited 


125. 


Uionolstery and Dra-oery Textile Q<yfo of 32h(/--/Z'^ 


44 


309. 


Solid Braided Cord 75^. of 32a-i^/3'V 


44 


339. 


Printing Ink (janitors in the South 






only) 80fo of 3'V 


Average of 40 


451. 


Candlewick Bedstjread 75> of 30,^ 


40 



The first five codes listed a'^ove as having subminiraum rates for 
cleaners provided the s';me low rate for outside workers. The Furniture 
Manufacturing code also provided suo'minimuin rates for yardmen and lumber 
handlers, 80 percent of 345^/30^. The' Textile Machinery code iDrovided that 
outside heloers and shipt)ers south of the Potomac River could be paid 
"not less tkan the hourly rate which prevailed for the srne class of labor 
on July 15, 1929 and in no event less than 3 Y psi" hour," comxiared with 
the basic rate cf 35^, 

Employees who receive tips . Four codes exempted from the minimum 
wage employees who receive tips. Bootblacks were guaranteed $6 and tips 
•dxider the Shoe Rebuilding code but porters (t'::Otor Bus) and curb employees 
(Restaurant and Restaurant in Hawaii) were merely exempt from the minimum 
wage. The bootblacks and brush boys of the Barber Shop code and the ball- 
rack boys of the Bowling and Billiards code could have been tabulated in 
this group, but thev have already been listed under junior employees. 

Helpers .- Six codes had a. subminimTim rate for helpers. In Motor 
Vehicle i.iaintenance the helpers' rate was 40^^ while the mechanics rate 
was 5'')(f:. The helpers' rate could have been interpreted as the real 
minimum and the mechanics' ra.te as a basing point above the minimum. 
Hoi^ever, 5Y has been considered the ijiniiaum. In the Shower Door code, 
the rate for mechanics' helpers was 90 percent of the lasic 45^ rate. 
The other four codes had subminiiaum rates for drivers' neloers: 

43. Ice 18.4^ as compared with 

basic rate, 22s(i/23<^ 

458. '.molesale Confectioners 8')^ of 42(^/37^ 

459. Bottled Soft Drinlc 80^ of 32?(^/30^ 
466. Tobacco Distrioution 80^ of 4'V/27:T{r 

Subminiramn rates for special occup.'itions . - Several codes provid- 
ed subminimum rates for workers on particular products or in particulax 
occupations. Thus, under the Men's Clothing code operators on single- 
knee pants, wash suits, etc., could be paid Zip per hour less than the 
basic minimr a i4:^^/37ip) and mider the Cigarette code emplovees manu- 
facturing sr if f and chewing tobacco, 25i^ instead of the basic 40/3'Y rate. 
In the code for Pleating, Stitching, etc., rhinestone and nailhead setters 
in New York City were guaranteed $12.25 per week; the lowest rate for 
other workers in New York City was $15 per week. In the Motor Vehicle 
Maintenance and Auto Rebuilding codes employees on call were guaranteed 
36(# per hour. Various supplements to the Pisherv code provided sub- 
miniraum rates for particular occupations such as oyster shuckers 



9803 



-295- 

{25ip/2C(p) , and crab pickers 18^. In these scathern fisheries, oc- 
cupq.tions are ordinarily performed by Negroes. 

In the Burlesque code, musicians were excepted from the mini- 
mum rate. In Polling and Billiards, the code set minimum piece rates 
for pin setters but m minim-urn hourly or weekly wage. In the Quick- 
silver code, commissary employees excluding cooks (not more than 5 
psr cent ^f the total employees in any camp) could be paid 80 percent 
of the minimum wage ($15). In Goal Dock, employees engaged solely in 
storing fuel were to be paid not less than 1929 tonnage rates, again 
without any guaranteed minimum. In Graphic Arts in Hawaii an entire 
lower scale was provided for the Ideographic division. Perhaps the 
most vnusual provision was the exemption of executives, supervisors 
and teciinica.1 men from the minimum wage of $13 for 40 hours of work in 
the Hayon and Synthetic Yarn code, presumablj'^ executives earned more 
than $13 per week, but if their duties extended over tv^o shifts,' they . 
might run up high weekly earnings if guaranteed the minimum hourly 
rate. ' - , ■ 

VI. SUBMINII/IUI.-: RATES PIR CODE ' . 

The separate discussion of each type of subminimum wage obscures 
the combinations of subminimum rates which occurred in the cedes and 
the lack of any sxxch rates in some codes. Altogether 72 codes had no 
subninimiom rates whatever; eight codes had only a female differential 
or a special rate for light and repetitive work; 56 had only an exemp- 
tion for old and handicapped employees; 27 had only a learners' or ap- 
prentices' rate; eight codes, only some miscellaneous excepted groups . 
The other codes had an average of more than 2i' subminimum rates per 
code . 

Table 55 which summarizes the wage provisions cf the major codes 
shows the combinations which occurred in the major codes. 

It shows too that nine major codes had no subminimum rate. All 
had differentials in their basic rates and most of them had a low bot- 
tom rate, as the figures below shov/: 

Bituminous Coal ...;.... 68.9^/51.4^ 

■ -- Household G-ogds .Storage and Moving. ... QOxplZOKJ: 

- ' Builders Supplies &0^l2b(p 

Structural Clay Pro ducts 37-\/24^ 

Wool Textiles 35(^/324(2^ 

■ ■ Cleaning and Dyeing 33s^/20(^ 

"y'v ■■ Petroleum - Filling stations 31.2^/25(2? 

-'^:' ■ ■ Laundry Trades 30(Z?/l4(;? 

"-'''■ Hotel....; 21.7(pl2Zl&(j; 

. f ■ •■ 



9803 



-1396- 

VII. T^IE 1■'':0BLE^1 OF SUI;l';iNI? n p^ KATES 

Tiie estatlisliment of a minimum raised the protlem of subminimum 
rates. In some siturtions, a, sutminimTun seemed to 'be desira^ole be- 
cause it made possible a higher basic minin-ura irrage rate for a larger 
mui-iber of workers. The subminimum rates uere, however, harder to en- 
force than a fla.t minimum. 

The problem of com'cl ia.nce . - Every excei^tion from a minimum wage 
made the enforcement of the minimum wage more difficult. Every ex- 
cepted class raised problems of classification. The Cotton Textile 
code had a loose prevision that learners, unlimited in number, could 
be paid less than the minimum wage for six weeks; how much less was 
not specified; it was not contrary to the code to employ learners with- 
out pay for six weeks. Complaints were made that in many mills slow 
workers with years of experience in the industry and even in the mill 
concerned were classified as learners when the code went into effect. 
In contrast, the TJool Textile code had no learner provision; the mini- 
mum wage was really the minimum wage; there was no problem of classify- 
ing workers so that they could be paid a subminimum rate, and there 
were no complaints of noncompliance, . 

The standards of the Depart'iient of Labor . - A national conference 
on labor legislation, called by the Secretary of Labor in February, 1934, 
and attended by representatives of 39 states, adopted a series of stand- 
ards to be carried out in the administration of minimum wage laws. 
These inclnded; 

Ijo differentials from the basic rate for learners 
and minors . 

No differentials for locality or size of community. 

ITRA. policy on subminimum rates . - IJRA policy on subminimum rates 
wa,s expressed not in a general statement but in the m.'Te than 1,150 
separate subminimum ra.tes approved in the codes - an a'/erage of t\'ro 
per code. It was a policy of opportunism - getting as high ra^tes as 
possible written into each industry's code and allowing as many sub- 
minimum rates as appeared necessary. The Administration policy appears 
to have become more liberal since some subminimuin rates were approved 
in amendments to codes. 

The code provisions which have been summarized in this chapter 
differ markedly. Minimum rates in some codes were lower thaji subminl^- 
mum rates in other codes. Some siibminimum rates were well guarded \>y 
limitation on numbers, period, and araoiint of deduction from the mini- 
mum wage, others omitted one or more of these safeguards. There was 
no orderly pattern which can be tal^en as a model. 



9803 



-297- 

Chapter XIII 

WAGE PROVISIONS FOR SPECIAL GROUPS 

In addition to tasic rainimvm wage rates and sutminiinuin wage rates, 
many codes included minimum wage rates for special groups of employees. 
The group most frequently covered was office and clerical employees, or 
non-manufacturing employees, or "other" (than manufacturing or processing) 
employees. This chapter anaylzes the code provisions for office and 
clerical workers, office boys and girls, and salesmen and watchmen. 

I. URA POLICY COJiCEHiroi'G "OTIOIR" WAGES ' 

The first statement of NRA policy on other than basic wages 
was in the President's statement in IRA Bulletin Ko. 2: 

"Ko business which depends for existence on paying less 
than living wages to its workers has any right to continue 
in ^this country. By "business" I mean the whole of com- 
merce as well as the whole of industry; by workers I mean 
all workers - the whito-collar class as well as the men in 
overalls; and by living wages I mean mo re ■ than a bare sub- 
sistence level - I mean the wages of decent living." 

The PRA proposed a wage of not: 

"Less than $15 per week in any city of over 500,000 popu- 
lation, or in the immediate trade area of such city; nor less 
than $14.50 per week in any city of between 250,00 and 
500,000 population, or in the immediate trade area of such 
city; nor less than $14 per week in any city of between 2,500 
and 250,000 population, or in the immediate trade area of such 
city; and in towns of less than 2,500 population (an agreement) 
to increase all wages by not less than 20 pe-.- cent, provided 
that this shall not require wages in excess cf $12 per week. " 

for any - 

"Accounting, clerical, banking, office, service, or sales 
employees (except outside salesmen) in any store, office, de- 
partment, establishment, or public utility, or on any automo- 
tive or horse-drawn passenger, express, delivery, or freight 
service, or in any other place or manner." 

II. OEFICE AITD CLERICAL WORKERS 

Frecedf-its in early codes. - In the Cotton Textile Code, no separate 
wage was proposed for office workers. Though the industry refused to 
accept the s^oggestioii of the President that hours of office employees be 
subject to the same limitations as the hours of basic employees (*), the 
wage of office employees would seem to be governed by the President's 
condition of approval No. 4 - "That office employees be included within 



(*) See Chapter YI, Section I. 
9803 



-298" 

the benefits of the code." Even '.7nen the Cottoi] Converting industr'/ rras 
■brought ■under e. Supplement of the Cotton Textile Industr'- (January 24, 
1934), no special rrtes for office workers ""ere incorporated. The 
Administrator's reoort to the President stated that "the prohlem of em- 
plo"''ment from a, code point of viev: is a comparatively minor one" and the 
Supplementar-'- Code brought office and clerical rorlrer-? in this 
m'erchandisin;?- business under a.^age of $13/$12. 

Tne firrt code to provide a special rate for office v;orkers ras 
Code xJo. 4, Zlectrical Manufacturing, rrhich reauired the top $15 of the 
PHA for all other employees (excepting those "engaged in the processing 
of the products of the industry'- and -in labor oper.ations directly in- 
cident thereto"). Code ilo. 5, Coat and Suit, provided $14 for all non- 
manufacturing employees, and Ko. 15, lien's Clothing, $14 in the northern 
section and $13 in the southern- section of the industry for non-maxiu- 
facturing employees. The first code to provide a \7age specif icallj'' for 
"office and salaried emploj''ees" .v.'as Code To. 17, Automobile Ivlanufacturing, 
vith t]-ie PHA standard of $15/$14. 

S'oecial office v.-age nrovisions by industr'r grour>s .- Tv;o— thirds of 
the codes (392) had a special wage provision for office and clerical 
TTorkers. This is a larger proportion of codes than made special mention 
of hours of office norkers (326). The 392 codes ■^.'ith special T7age pro- 
visions include 250 codes uith special hours provisions for office and 
clerical rorliers and 142 codes v/ithout such special hours ;orovision. 

Special ^7age provisions for office ;7orkers occurred in all industry 
groujDs excepting Finance and there the basic employees '"'ere largely 
clerical employees. The follov/ing groups had special provisions in more 
than ti./o-thirds of their codes: iJetals, Ijon-tietallic iviinerals. Paper, 
Eubber, Equipment, Food, G-raphic Arts, Construction and Retail Trade. 
Textiles - Fabrics and Apparel - and Leather and Fur made the least use 
of such provisipns. 

\'eekly earnings, all codes .- In the codes i.lthout .-pecial uage pro- 
visions for office and clerical workers, it is assumed tiat office '7orkers 
TTould not be paid less than the basic rainim-iom; in the Iron and Steel Code, 
for instance, that clerical v/orkers i.7ould receive the- 40(!f/25^ rate pro- 
vided for corri.non labor in the various districts. 

Since most of the minimum rates for office T.'orkers v/ere stated in 
the codes in terms of dollars per \reelc,. all these rates are errpressed in 
dollars per n^ek. It is impossible to compute ueekly earnings for office 
TTorkers in three codes, on the assumption that basic hourly rates ^/ould 
apply to these rorkers; Fur Trapping and Bit-uminous Coal rhich set no 
'.Teeklj'- limit on hours for office \7orkers, and Legitimate Theatre v/hich 
provided for a 40-hour v/eek for clerical norkers paid less than $35 per 
r/eek but specified no minimum nage for these emploj'-ecs. 

As Table 75 shows, 311 codes had no differentials in the v/ages of 
office workers and 254 provided one or more rates. In the codes without 
differentials, the most frequent rate was $15 (*) (148 codes); 94 codes 
had rates of less than $15 and 69 codes more than $15. The lov/est rates 
other than three Territorial codes, were in codes v/here the basic rate 
was assumed to cover office v.'orkers; Candle\/ick Bedspread, $12 and Corn 



(*)-I,'ost of the office rates were in even dollars. For brcAdt", all will 

oe referred to in even dollars. 
9803 



-299- 

Cob Pipe, $11. The highest rrtes were $20 in Print Holler and Print 
Block (a specieJ rate in this consistently high-r/age code), Motion 
PictTire (the office rate in the Production Division), and Live Poultry 
(the "basic xiage in this code r/hich covered I\Tev; York City onljO • 

In the 264- codes \7ith differentials, the most freauont top rate was 
$15 (131 codos); 58 codes had rates of less than $15 and 75 codes more 
than $15. The most freauent lower rate was $14 (104 codes) thoiigh $12 
occurred in r.lmost as majiy (84 codes). Only 9 codes had a bottom rate 
higher than $14. In 18 codes no bottom rate was set by the code for the 
smaller districts. (*) The lowest top rate was $12 in Advertising Dis- 
tribution (the basic provision in that cod.e). The lowest definite bottom 
rates were basic rates assumed to cover office workers; Retail Trade in 
Hawaii, $9; Lximber, $9; Fertilizer, $10; TTholesale Food and Grocers'-, $9; 
Iron and Steel, $10; Mica, $10; and Furniture, $10. The Ice Code with 
shorter hours for office workers than for basic employees and no specia,l 
rates is listed v;ith weekly earnings of $13/$9, ■ 

TTeekly earnings, high and lovi wage areas .- Adding the flat minimum 
to the top rate in the codes with differentials shows that for the high 
wage area , 279 codes specified $15 a v/eek; 125 codes, $16 per v/eek; 92 
codes, $14 a week; 60 codes less than $14; and 19 codes more than $16. 
The detailed figures follow: 

Flat 
Total Minimimi Top Rate 7ith 
TTeekly !7age Codes Rate Differentials 



Less than i 


^12 


$12 


to 


$12, 


.99 


13 


to 


13, 


.99 


14 


to 


14. 


.99 


15 


to 


15, 


.99 


16 


to 


. 16, 


.99 


17 


to 


17, 


.99 


18 


to 


19, 


,99 



3 


3 




4 


2 


2 


53 


26 


27 


92 


63 


29 


279 


148 


131 


125 


. 59 


66 


4 


3 


1 


5 


4 


2 


9 


3 


6 



20 

Total 575 311 264 

Plowever, for the low wage area , the largest number of codes (167) pro- 
vided a wage of $14 a week; a,lmost as many (155) specified $15; 86 codes, 
$12; 61 codes, $16;" 59 codes, $13; 37 codes, less than $12 and 10 codes 
more than $16 as. is shown below: 



(*) As shovm in Chapter XI, Section II, this conditions prevailed with- 
out code provision, \mder Executive Order K'o. 6710. 



98C3 



-300- 



T7€ 


sekly Tare 


Indefinite 


i 


Less thpji 


$10 


$10.00 to 


11.99 


12.00 to 


12.99 


13.00 to 


13.99 


14.00 to 


14.99 


15.00 to 


15.99 


16.00 to 


16.99 


17.00 to 


20.00 



Total 





yiat 








Total 


liinim-um 


Botti 


om late TJith 


Gorges 


Rate 


Diff 


erenti'als 


18 


M 






18 


8 


2 






6 


11 


1 






10 


85 


2 






84 


59 


26 






33 


1S7 


63 






104 


155 


148 






7 


61 


59 






2 


10 


10 
311 






- 


575 


264 



Special offi c e v^a^e -provision;; v."ithout differential .- Special interest 
atte-ches to the 3S2 special provisions for office nages which are analyzed 
in detail in Tphle 75. Tliese a,re comprred oelou v/ith the provisions al- 
ready given for all the codes. First the codes vith one miniratmi r-age for 
office TTorkers: 



TTeekly TJar.e 


. Total 


Special 


Basic 


Less than $12 


3 


M 


3 


$12 to $13 


28 


4 


24 


14 


63 


37 


26 


15 


148 •. 


136 


12 


16 


59 


42 


17 


17-20 ■ 


10 


7 


3 


Total 


311 


226 


85 



The codes uith special provisions are thus seen to provide high- 
er weekly earnings for office r/orkers than the codes with onlv basic pro- 
visions. (*) (See Table 73). 

S"oecial office vrage provisions vrith differentials .- In the 156 
special-provision codes vrith differentials $15 ras the iT.Dst frequent top 
rate but 47 codes had a higher top rate; $14 v,'as the most freouent bottom 
rate, with 8 codes higher. Uhen these rates are compared with the basic 
rates in codes with no special office rates, the special ra.tes are again 
found to be considerablj'- higher than the basic rates. 



7/eekly Hate 


Total 


Speci 


al 


Basic 


Fi-hest Rate 










$12 or $13 


29 


5 




24 


14 


. 29 . 


■ 7 




22 


15 


131 


107. 




24 


15 


66 


39 




27 


17 to 20 


9 


8 




1 


Total 


264 


165 




98 



(*) See Section below for comparison of rates within the spjne codes. 



9803 



-301- 



TJee' cly Eate 

Lorrest ?.ate 
Indefinite 
$11 or less 
12 
13 
14 
15 
16 

Total 

Special office provisions in high and lovr v.-a.ge areas .- In the high 
wage areas, these special rates had the folloi^ing distriDxition: 

Flat TTith 
Total Minimim Differentials 
TTeekly 7age Codes Rate (Top Rate) 



Totra 


Special 


Basic 


18 


10 


8 


16 


4 


12 


84 


37 


47 


33 


13 


20 


104 


95 


9 


7 


5 


2 


2 


2 


- 


264 


166 


98 



$12 or $13 


9 


4 


5 


14 


44 


37 


7 


15 


143 


135 


107 


16 


81 


42 


39 


17 to 20 


15 


7 


8 


Total 


392 


225 


155 



HoT7ever, in the lor: nage area, the earning opportunities of clerical 
workers iinder special provisions showed a verj'- different distrihution: 



Weekly T7age 



Indefinite 
$11 or less 

12 

13 

14 

15 

15 

Over $16 





Flat 


With 




Total 


iiinimijim 


Diff< 


3rentials 


Codes 


Rate 


(Bottom Rate) 


10 


_ 




10 


4 


- 




4 


38 


1 




37 


15 


3 




13 


132 


37 




95 


141 


136 




5 


44 


42 




2 


7 


7 




- 



Total 392 225 166 



Differentials in special office rates .- In view of the PRA pre- 
cedent of population differentials for office workers it is natural that 
the population differential would hulk large in the special office rates. 
Table 77 shows that 156 special provision codes had the following types 
of differentials: 

Popula.tion 118 

Geographic 29 

Popul8.tion and G-eographic 19 



9803 



30 



o 



«i 






o 

no 

■9 

a 
« 

b 

In 

^ B^jB oitidBsjo 

g 9trt!tB0TJq«i 

P. 

g jnj pros aemeai 

■o 
o 
o 
^ tejBiJife-BSfHiai 

o 

u 

a BOTJqsJ-estt^'rail 

IB pOOi 

m 

V 

o 

r-t 

s aeqqrva 

-A 

s> 

o •oije 'BXSoinBtto 

3 

U 

<H 
Vh 

O X8TM 

o 

03 



r- 1 jS-jcui-i I f-i t I 

-* I <yN I I I ( KMTN 

CM 

r-l 

ir\ rH C\J 1 t I 1 rH t 

in I J I I 1 I 1 I 

f^ I ^ I I 1 ] ITt 1 

O 4 K\ I I 1 I r^ I 

<£i I iH I I f 1 r-l I 

W I vD iH I J- CU (T\ O 



Biv 



ir» 



CV! 



r-* fWlOIJ Ir-IC\J»H 



I iH r\j 



I f^i I io6oevjK>i-tr-» T r* 



I I I I I 



I iH I 1 

I loi 1 lC^l■d'^~Il I 

f-i 

P^ I r-lll It— WVDII I 

fa OJ 

r- I r— I 1 I locu will 

(r\ r-lr-lll lllf-lll I 

OJ I ptllrH^^CVIII I 

ITi OJ 1-1 

CU ICNIl llWllr-HI 

c\j vxj^ m 






iH CJ I I I I 

I I rH^ I 1 

t ra w w fH I 

r-l t W J* I H 



I I I K\tM I 

II I <^ >-4 1 
II I in CJ I 
II I IfN I I 

I CM w r- tr* 1 

I 1-4 (VJ fH F-4 I 

I oo f-c-j t\j I 

1 c^ vc c\j I I 

I iH I r^cvi I 

II I ao OJ I 

II I r<-v I I 

I I I I^OJ I 

I I i<\d- in I 

I iH i^\0 i~i 1 

II I W I I OJ I 

I 

SI I rH OJ I 

OJ P— ff»H^ l-« OJviJ 



OJ r^MO 



I i-i 

vO 1-1 



•H r^ I 1 II 

I in"^ M% I I 
OJ oi ^ in I I 
I-I ;:*■ OJ iH I I 

I OJ I III 
I rH I III 

I a- ni rH I 1 
I oi i«^ iH ; I 

iH OJ I iH I t 

I w I m. iH t 

iH 
I rH KN iH I 1 



I OJ iH :» I I 
iH 

I ra 1 III 

I 1^ I J* OJ I 

iH 

I l^OJ J- OJ I 

I ;* iH ;» I I 

I I I I iH I I I OJ 

iH I H I iH OJ ^^ I I 

rH iH 

I I r-f I iH I rH I I 



tf 



0) 


n 


M 




h 


o 






• 


^ 






CI 


■«* 


^ 




■h 


M) 






o 


f^l 


h 


a 




n^ 


Vi 




Q> 


03 


^ 


t1 


h 


o 




.1] 


■3 


« 


i-t 


o 


a 


♦- 



& a 







fii 


^ 






■*» 


o 






•H 




t 1 


1 1 o r- CU 1 1 


t 


o 




•-I 




m 






01 


3 


1 t 


1 1 cu K> D» t 1 


•o 


U 




I-I 


o 


0) 






o 


^ 


1 -H 


1 CU CU 1 C\CU 1 




s 



o <s 

» » 

« 1 
o 

<w "3 

Vf o 

o o 

<n O 

a 






980a 



® rH 



ra CO 
O ©rH rliHr^iHrHfH CJ 

(5 .-a-w- 



fl 
















U 


U 


s 






o 












1 


c 






rH 










S 




^ 






-<» 










o 


t 


44 






O 














•H 






-» a 










(D 


(D 


■a 


„ 




■31 










.a 




,4 


4* 




^ 4* 










0) 





■•» 


to 


4» 


<M 










49 









a 


o n 














■Jt 


"So OJ K> J- inu> r- to o 


9 


•g £ 


O rH 


CU 


r*^^ 


ir\M3 




CU 


■a 


■HrHiH ■Hr4rHrH rHOJ 


O 


n ^^ 


rH r-l 


rH 


rH rH 


rH fH 


^ 


f:: 


tH •» 


f^ 




■«9- 








&4 


w 



<ai .01 



303 









sapos x^t^o^iusa 




40 








s 




ssprj; iT»»eB 




o 








*4 

3 










aapaj) •x***IO'U 




J3 








M 








t 




■•pvj4 ao^AJes 




a 








o 








m 




not^TOjosH 




I 








i" 




■oitanu: 




O 








1 


•o^Q 'ao-(*«viod9aeji 








aot^siu^saoo 




c 








^ 












0^.19 s^qd^jQ 




• 








» 








w4 




SnraeoiJUBi 










K4 








o 




anj pnB jsmaai 




• 










t9JB(idi»-«eiTVt»i 




o 








« 








« 








v4 




tofi<faj-*»iriX3i 










« 








8; 




pooi 




i 








Pi 

IB 




iraodrnha 




O 


• 






T* 


m 






O 
3 


i 


jaiWTS 




V« 

o 


!i 




i& 




& 


JS(i8j 




^ 


4> 




a 

1 




1 


•019 'efopwu 


fri 


5 


•Pi 








^ 


f ^onpojd )S3joj 




M 








f4 












TStU 



fl o 



r 



K 






J- 
o 



tH f-i I I I nj 

I i K% W I 

1 I -< Jf I 

I I r-1 I I 

I I H I H 

I I 1 I I 

t 1 ^ I >-l 

I I CM I I 

I < f-l I t 

t I iH I ^ 

-< ir> 1 1 1 

I ^ I iH I 



■ III! 

I rH J- I— I 

I J* r- J- I 

I CVi CJ I I '.O 

I I I I I CJ 

fH CVI 

I I to I iH 

:* r^ *.D cv P-- 



^S.^ ^ s 



ra I I ( I 



I r-l o r^ 



) iH fH I 



OJ CM I i-l 



till 



I I »^ I I 

1 I lO I I 

1 I J^ I I 

I I I t I 

cu K^cv I i 



I cvj . I 

' BO i t 

I .=*• H t 

I in >-4 i 



I r-4 •-* II I 

KN i ir\ t^rr\ I 

I I I r-«rj I 

I T r^ (VI I I 

I I rH I I I 

I 1 I I I t 

I I f>-1 i-IH I 

»-< i H Oif-i I 

•-4 rH fH I H I 

I ) 1 t I I 

I » t*^ CJ CJ I 

< I iH t r\j I 

f-i 

^*^ I rH i ^ i 

H 

I 1 »*^ I I I 

I I K\ * ^ fti 

I J 1-1 1 ^ » 



I t I I I I OJ 

rH I ^ CVJ ^ f 

I I (-4 I I I 



W I T C\J I I 

I 60 \^ K\rH f-4 

I ^ K\ r^cu I 

ru oj CM 1 I I 

H rH I 1-4 I I 

f I 9 II I 

iH I CM Jd* rH I 

t rH CM Jtf- I I 

I CM CM <H I I 



I rH rH 1 1 



rHJ* CM K\H-» I 



ja* CM rH r^ B I 



CM r^ OJ 1 m I 
rH 

r^ I CM rH rH K^ 

I rH I rH 1 I 

h-CM f4 \r\tr\ ur\ 

rH rH 

W rH rH \0 I 1 



"Si 



■°1 -2 



-3 

O 

c 

9803 



^5 






» o c 
a -H o 



•3 

o 



■n rH f-H 

a 
« I t 



(*H «»-•«»■ -M-H^^ 



a\ (T* o 

lOU? o C St 

-4 rH CM ^ .. 

CD t> fl 

111 ;U 2 P^ - m 

ir\Vi> i*- •*4 «)M^^ ir\KO r* » -O rH cm fOJ* l^vJ> 

^P^rH **4rHrH^rHpH OrtrHrHrHf-t.HrH 

- " M-W'-«9--€»--«»<A- Hi «-!■«»■«•- ••»■«■■«»-■»■ 



d .H Oh 

en •^ (D 

d a k h 

u ^ o 0} o ffi o 

^ ^ JD M * h 

ffl « » CO 

a) d flj a -d rH a 

^ ^ ^ a g _. _, 

^1 « ^ as 

■•'• f-t W M CO (0 

• -4 «) %t 

* ■&! £ -ai I 

■^ •H (0 o -H s d 

D tH <" t^ H CO CO 



rH 




« 








a 








•H 












(U 




rH 




3 




f»- 








rH 




fH 




-«» 




O 






c 


4> 






« 


•H 




9 


*> 






1 


>v4 


t^ 




« 


Cm 






rH 


e 


a 






tJ 




, 


^ 




El 


g 


t4 


S 


o 


•w- 




o 


1 


ro 


rH 


f3 

o 


g. 


1 

GO 


rH 


•H 

«3 


»H 


t-i 


rH 




•C» 


<D 


P< 


1 




& 


f 


H 


r^ 










a 


ti 


R 




■H 


O 




r^ 




«H 




rH 


CD 




0) 


■te- 


O 


■*J 


•d 




tJ 


K 


o 


al 


O 


0} 


o 


•H 


o 


4^ 


a> 


V 


o 


s 


^55 


0) 

to 



"2l^"of5j 



-304^ 



The G-raphic Arts code had the usual population differential: $15 
for non-mechanical irorkers in cities over 500,000; $14 in cities 250,000 
to 500,000; $13 in cities 50,000 to 250,000; $12 in cities 25,000 to 
50,000; a 20 percent increase in places of less than 25,000 provided this 
did not require Traces in excess of $11 per \7eek. Then there uas a 1929 
differential for cities over 50,000; "if the wage for the same class of 
v7ork in the same localitj'- on July 15, 1929 T7as less than the amount set 
forth ($13 to $15)... it shall pay not less than the vage for the same 
class of TTork in such locality on July 15, 1929, uith a minimum of $12 
per week. " 

In most codes the differentials uere not large, 74 heing $1; 4 others, 
less than $2; 45, $2 to $2.99; 22, $3 to $3.99. The largest differentials 
were in the following codes: 



Code 



Highest Rate 



Lowest Rate 



Grain Elevator 



Seed Trade 



$15 in cities over $12 in towns and vil- 
2,000,000 lages under 2,500 

$15 for 43-hour week $11 for 40-hour week in 
in cities over cities under 100,000 
500,000 in the iJorth. in the South. 



Daily Eewspaper 



Coal Dock 



$15 in cities over $11 in cities of less 
500,000 than 25,000 

$20 in Port of Boston $15 in Uorthwest Division 

and Vessel Fueling Di~ 
vi si n 



Retail Lumber 
Builders' SuxnDlies 



$20 in Kew York City ($12 in establishments em- 

( ploying not more than 2 

( persons i-i towns of less 

( than 2,500 population, 

( with tT/o- third sales to 

( persons engaged in ag- 

( ri culture in certain 

( specified southern 

( states. 



Retail Solid Puel 



$20 in Hew York Gitj'-, $14 in all states except 
Boston and. Chicago. New England states, N.Y. , 

U.J., Penna. , D.C., Cal., 
Ore., rJash. and except 
in cities of 500,000 
or over in 111., Ind. ,■ 
Mich., Ohio, T7isc. 



Earthenware 



$16 in cities over 
100,000 in the 
Horth, 



$11.20 in tov/ns under 
2, 500 in the South. 



9803 



Code 



-305- 
Highest Rate 



Lov/est Rate 



Baicing 



Bowling & Billard (*) 



BarlDer Shop (**) 



$16 to office emploj''- $11 to store emploj^'ees 
ees in towns over in towns under 2,500 
500,000 in the I'Jorth. in the South. 

$20 in cities over $12 in towns under 2,500, 
500,000 

$17 in cities over $12 to places under 
3,500,000 in the 5,000 population in 
Horth. the South. 



In the codes with no lower limit set, the lowest specified rate was 
$14 in 16 codes. However, the Retail Meat code had a $5 differential in 
rates of $15/$10 indefinite. 

Office and clerical wages compared with "basic wages in same codes . - 
Chapter VI, Section V compared hours of .office v/orkers with hours of 
basic employees under the sajne code. (***) i. similar question arises: 
Hot,' do the earning opportuni'ties of office workers under the codes com- 
pare with those of the hasic emr)loyees in the ssine codes? The comparison 
made here is on the "basis of full-time weekly earnings. This ignores two 
factors (l) Since the office i7orkers' pay is ustiallj'- on a, weekly "basis 
(****), their earnings are likely to "be more regular than plant employees 
in a slack period like the Iv.R.A. period. (2) I.iany plant employees were 
allowed to work overtime under general overtime or peak period provisions 
with pay for the additional hours at regular - or frequently at penalty 
rates. In any busy period, this might upset the relation between earnings 
of plant employees and clerical employees on the basis of the full-time 
week. 



(*) Because of the nature of the business, this rate f c r "Other 

Employees" (other than porter, watchman, bell rack boy, pin setter 
or part-time employee) ma.y not apply to many office employees. 

(**) Because of the nature of the business this rate for "Other Em- 
ployees" (other than barbers, manicurists, bootblacks and brush- 
boys) may not apply to many office employees. 



(***) See Chapter YI , Section V. 



( ****") 



9803 



The greater steadiness of office pay is indicated in the provi- 
sion of the Retail Solid Fuel code. This code limited clerical 
employees to 36 hours per week, May 1 to August 31, and 42 hours 
the remaining eight months of the year. It provided, however, 
that - 

"The weekljr wage of any clerical or office eraploj'-ee shall not 
be less than that provided by 40 times the hourly rate... for the 
area specified, regardless of whether the week worked is on a 
basis of 36 hours or 42 hours. ..but in no case less than $14 per 
week. Part time clerical or office employees shall be paid not 
less than the hourly rate... for the area specified, but in no case 

less than 35^ per hour for each hour worked. " 

Since the wages specified in Section 6 were 50j#/25jzJ according to 

8-rea, this meant clerical wages of $20 to $14 per week. 



306 



•avoa x"T'°^T'iJ[Sdi 







«8pBj» TT^iea 






SSpBJ^ »t80»T0lll 






eaimj^ •ojA^taS 






no-n«aao3H 




• 

1 

••* 


•onontj 




noTi«»JOcfc;aBai 






no'ttsiUYSiioo 




S^J» O^^dBJf) 




■a 

•H 

g 


SOTiBOTJCpi 




jtij pns aaqi^ai 






XajsddB- aaXT )^^1 




o 


EotaqBj-sanvraj 




4» 






1 


pooi 


s 

e 


§ 

S 

4^ 


jaqqna 




1 


jedBj; 



o 



•3^8 •oxaoTO'^IO 
a!)3n;o;td ^sajo^ 

xauj 
axaianH 



nil ni 



vD t-< r— J- 



iH I jr IT 



r-x* I r- 



CJ ( 



I 



VD 1 tVI 



\D I I 



I N I 

BO J^ H 

i-f 

rH I I 



to m o> 4 



l-( I p-( I I 

cu I ir\ rt I 

ni I I I I 

I fH ro I I 

I I I I 1 

I I I 1 I 

in I 1 IT 

J» I 1 J- i-l I I rH r^ 

I I I 

■* ' S' ' " 

^ I I r< I 

I I I K\ I 

X) I o r<^ I 

CM CO rH trf r^ I rH rH I 

rU I rH t^ I 



1<- J* rH K\ I 



I 1 I rH 1 



■3 

o 

& 



9803 



•8 

a 



«H -H^ & 
O O 0) o 



I ^ ^ (Tx (r> ON h 

1 O 0^ o> (Ts 0^ » 

J ■«••«•■ ••in* •«•- « 

i 55 55 59 i 

!SS8 88 88 ? 
• "• •• ••'^ 



B 



30? 



i 

m 

I 

e 



CO ,a 
C^ § 

A s 
" i! 

" I 

s 

■a 



i3taq«j-«»tT»i»J (VI, 

Pooa p, 

J9q.qiiS r^ 

•349 'staoiuistio ^ 

«}OTipejd 4B9JOJ 

o;xt»a9iii-noji c^ 



si'ien 



c\j 



■ptoj to 



I I I I r-l 

I I I I :* 

t CJ iHfH cy 

CM t-l I I 



I iH I I 

I »-4 I I (M 

I I I I iH 

sD CJ Jt I to 



P »-* fH ^- #-4 



I I CU 



CO I ao ^ N CNiN ^ 

: I I I ni 

I I KM W 



■-1 1 I I 



fH I I I I 

1^ r< CM 1 

i-l I CU I 

1 I iH I iH 

I I i-l I (3 

I I 1 I OJ 



I I I I 
11^1 

KNi-i r^ rt 

!-• I I CU I 



IH I I rH 



I I I I 

I I I I 

I K\ I J» 

tH r4 rH I 

I I fM I 



I rH I I ' I 

K\ f-* I I II 

*H H CM W lO K\ 

I H iH I I-l 

I I rH I I 

I T rH I I 



I I rH rH I 

I I rH I I 

tH I ir\ I CU 

I 1 rH m rH 

I I r- in I 



I rH r«^ I 



I I rH rH I 



I I r I 



rH 1 CU CM I CU 



t < rH I t 



rH I r- 1 I 



rH I I 1 ■-< 



u 

5 



CU 

Si 

o a 

•o 

c • 

S3 

o « 
O EH 






4 ^ O 



ID a 



Cl S O rH 

a? & . 

a) *H o ^N 
;^ +» >« fH 
&4 o <i 

S> • iH 
N Pi QO ^ 
p • rH O 



o 



e 

Pi 



I 

1 



9803 



I 

8 



"Si 



^ 



' u 9 • o^ 



^ 


3 1 


n 




« 






-a 


« -H (k, O *»■ - 




•a 




s 






: 


' SSt u-S 


• 


•H 












m ^ ^ o 9 o 


a 


o --, 


♦? 




h 






u 


9 h «> CO ^ O 


H> ,0 h 







9 






« 


O 9 0) C3 «3 r^ 


' « 


9 




Pt "«^ 






Pi 


vH 


' -•aij^ii*^ 






- -S ■g •« 8 *' 




9 


.•Sij-S'3'3 


O ti t* *4 E-t 




■a SS £ £ £3 


Vi 




n O 9 9 V 




*» 


■ 9 9 O 9 9 


T<\ a d rH •« to 
« m B n 


s. 


*M 




h M h ii -MK 




w4 


9 k » » » » 


» 


;: -" ^ h .- h* 


:3 








"^ J^ bi »-• M h 


» 


C (4 9 O 9 9 O 
9 O O, p4 At Ot«» 






b O 9 9 9 O 
O Pt 04 O, (1, -M 




v» 


(i a> (D O 9 9 


9 9 9 9 Pi 9 




;d 






« 


O p. p. Pi A a. 


ja t3 tJ tJ 9 T) 


N 


%4 


4* 


«» 






■ti 




•»> O O O ^ O 


rH 


9 cj r^,^' irt*j) r* 


M 


a 


CM H-\ir ifv0 r— 


♦» 


d 


O ^ C\J K%^ tf> 


^ o o o 1 o 


i 


%H r^ I-* 1-^ t-t r<»^ 


• 


iH r-l rH iH hH rH 


S 






•a 


3 


t 


4* 


o 




•«» 


I-l C\J OJ C\J 1^ rH 


n 


n 


fi 















-308- 

In the codes vfhere office v/orkers received the some hoiirly rate as 
basic employees, office uorkers' earnings wotild be at least as much as 
the basic employees. In 224 of these codes where office workers were 
allowed longer hours than basic employees, their earnings would be higher. 
Insofar as office' workers, even on an hourly basis, might work more stead- 
ily than production workers, their earnings would also be higher, 

Tlie reaJ question, however, is: When there are special provisions 
for office and clerical workers, do these special provisions mean higher 
or lower earnings? As Table 76 shov/s, in 55 codes, though the earnings 
of office workers were enumerated separately, they were equal to the 
earnings of the basic employees at the regular week; this happened most 
frequently in Paper, Pood and Retail codes. 

In 47 codes, the earnings of office workers were higher than those 
of ba-sic employees; this happened most frequently in Kon-Metallic a,nd 
Food codes. 

In 137 codes, the earnings of office workers v;ere lower than the 
earnings of the basic employees. This happened most freouently in Equip- 
ment, fabricating and Chemical codes. 

In other codes, a direct comparison is difficult because of the 
differentials in one or both rates. Por instance. Machinery and Allied 
Products provided rates of $16 to $12.80 {404-/32^ for a 40 hour week) for 
plant operations according to size of city and location of plant and a 
minimiom wage of $15 for "any employee other than those engaged in plant 
operations" excepting office boys and girls. In 12 southern states, 
(32^ rate) and in northern cities of 10,000 or less (36j# rate) clerical 
workers received more than plant workers. In northern cities above 
10,000 (38j^) and above 50,000 (40^) plant workers received more than 
clerical workers. (*) This code is classified as affording more or less 
earnings for office employees compared with basic employee- ^ Baking, 
however, paid office employees the same or a lower wage, ""he office rate 
was $16/$14 depending on population; the basic rate 40^ per hour or $16 
per week. (**) Retail Solid Fuel with its basic wage of 50^/25!zJ ($20 to 
$10 for the basic 40-hour week) seems to have offered the same or higher 
earnings for clerical employees ($20 to $14 per week regardless of hours 
(36 or 42)). Since the code allowed unlimited hours for basic employees 
with time and one-half after 40 hours four months of the year and after 
48 hours the other eight months, the earnings of the employees on unloading, 
storage and delivery service xjere undoubtedly greater than those of 
clerical emploj^'ees. 

(*) If comparison is made with rates of female plant workers (87^ per 
cent of 40^/32(#) , the clerical rate was higher than the plant rate 
for women workers in any region. 

(**) In handicraft and semi-handi craft shops where longer hours v/ere 

allowed, basic earnings were higher but the classification of same 
or lower would still hold. 



9803 



f 



-309- 

All such ca,ses ha.ve "been classified in the table as more or less, 
more or same, same or less. The numters are - 

Office earnings higher or lov/er 89 codes 
Office earnings higher or same 25 codes 
Office earnings same or lo^^er 29 codes 

Saployees covered hy office provisions .- Ho figures are availahle to 
weight the various provisions by the number of clerical employees covered. 
Clearly the proportion of clerical employees under codes varied greatly 
as betr/een codes, from Copper llining to Banking, from T/recking and 
Salvaging to the Importing Trade. 

Some measure of the incidence of the various provisions may be seen 
by v/eighting bj^ the total number of employees covered. This shows that 
73.9 per cent of all employees under codes were in the codes with special 
provisions for office workers and that 83.5 per cent of these employees 
were in the codes with differentials. 

Office rates in the codes compared with FRA. .- TThile the codes followed 
the general PRA pattern of popul-tion differentials in provisions for 
office axid clerical workers, the code provisions seem in many respects an 
improvement c;i the PEA. The PPA. was, of course, an om.nibus code and had 
to cover many different types of situations. Many codes eliminated the 
PRA provisions not particularly applicable to their industry. 

Considering only the special provisions for office axid clerical 
workers, the following statements may be made: 

1. A total of 226 codes ha,d no differential in office rates. This 
may have been because the industries concerned were located in one .wage 
area. 

2. Only 10 codes had the PEA indefinite diff erent'.al; perhaps the 
other codes had no office employees in towns of less thtn 2,500. 

3. Forty-nine codes had a flat minimum rate and 47 codes a top 
rate higher than the PRA $15. 

However, some of these special provisions were below the PRA standard: 
Thus four codes (1 Territorial code) 'had flat minim.um rates of less than 
$14, 40 codes (2 Territorial codes) rates of less than $15; 12 codes 
(2 Territorial codes) had top rates of less than $15 and 54 codes (2 Ter- 
ritorial codes) had bottom ra.tes of less than $14. 

Office wages in the ma.1or codes .- A segregation of the office wage 
provisions in the major codes shows what provisions affected most of the 
employees under codes. Table 56 shot^s code by code what were the office 
rates in the major codes. Porty-four. codes had special wage provisions 
for office workers; Bituminous Coal had no applicable provision; in the 
other 25 major codes, it is, assumed that the minimum for basic employees 
would apply to office workers. 



9803 



-310- 

The T/eekly wage rates for office T7orj:ers under the 71 major codes may "be 
STim.aarized as f'llows: 





Total 


S-oecial 


Basic 


Weekly wai^e 


codes 


■provision 


TO revision 


Ko provision 


1 


- 


- 


Flat minim-am vra^e 


12 


10 


2 


Less than $14. 


1 


— 


1 


$14. 


1 


H 


1 


15. 


6 


6 ' 


^ ' 


16. 


2 


2 


*^ 


17. - 20. 


■ . 2 , 


2 ■ '^ 


- 


With differential 


59 


34 


25 


Hip:hest rate: 








Less than $14, 


8 


3 


5 


$14. 


6 


3 


3 


15. 


26 


. i 15 


10 


16. 


11 


5 


6 


17, 18. 


3 


3 


„ 


20 


5 


; . , , , A 


1 


Lowest rate: 




I 




Inc'efinite 


6 


3 


<3 


Less than $10 


A 


•« 


A 


$10, 11 


6 


2 


4 


12 


23 


15 


8 


13 





4 


A 


14 


10 


8 


2 


16. 


2 


2 


M 



When the office rates of the major codes are compared with the rates of all 
he codes, the ^ahle helow res-'olts: 

Weekly Wage Major codes l otal codes 
. IlTjmher Percent Fumher Percent 



High wag:e are a 

Less than $14 9 12,7 61 10.6 



-311- 

[These figures show that in the major codes there was a smaller pro-portion 
of rates $15 or less (though a larger -ororiortion of rates less than $14) and a 
larger proportion more than $15 in the high wage areas. However, in the low wage 
areas, the major codes had considerably more concentration in the low rates than 
did all the coc ;s. In the ma.jor codes the medium office wage in the low wage 
aroa was $12 per week; in all the codes, $14, ■ 

When attention is confined to th~ codes having snecial wage xirovisions for 
office workers, and the office wage is corn-oared to the "basic wage in the same 
code, it is seen that office wages tended to "be higher than "basic wages more 
freauently in the major codes than in all the codes. That is illustrated in the 
ta"ble below: 

Major Codes Total Codes 
Compared with "basic earnings iJumber Percent E-u m"ber Percent 

Office earnings same 

..Office earnings higher 

Office earnings lower 

Office earnings higher or lower 

Office earnings .higher or. same 

Office .earnings same or lower 
■. ■ ■■ ..Total , ':_\^ .44 100.0 ' 392 100,0 

5um mary «~ This dis.cussion pf .office wage -orqyisions has shown that the 
Administration approved codes withp-at any "special wage provisions for office 
workers; codeg with special provisions providing, higher or lower weekly earnings 
than the "basic employees; and codes with s-iich ranges -of wagfes for the two 
groups that office workers had higher earning opport-onities in some regions and 
lower in some o-ther. There. seems, to have "been no consistent administration 
policy concerning this group. of workers.. 



10 


22.7 


65 


16.6 


6 


13,6 


47 


12,0 


9 


20.5 


137 


34,9 


14 


31,8 


89 


22,7 


4 


.9.1 


25 


6.4 


1 


2, 3 


29 


7,4 



9803 



-312- 

III. OrnCE FGYS AllD GIRLS , 

The office and clerical rates of the codes did not cover all 
office workers. A total of ?67 codes provided specifically for sut- 
minimum rates for office toys and g'irls, messengers, clerical learners, 
or JTonior clerics. Several other codes had provisions for junior 
employees which could cover office "boys and girls, (*) Seme 
provisions applied to office 'boys and girls; some, especially in the 
Food codes, merely to office hoys. The idea in these latter codes 
was to provide no loophole for classifying typists, file clerks, etc., 
as "office ^ iris" in order to pay them a suhminimum wage, ■ Since 
many codes included messengers and errand hoys with office hoys, .the 
messengers provided in codes ^hich did not mention office hoys are 
included here. These included "outside errand hoys" in Women's Belts 
. and in Fur Dressing and Dyeing; messengers a.nd delivery hoys in 
Retail Mciat; "water-hoys" in Crushed Stone; "delivery, messenger, and 
lahoratory hoys" in- Shoe and Leather Finishing. 

Six codes (**)- included here confined their suhminimum office 
rates to "apprentice office workers"', "clerical apprentices" , or 
"'office workers with less than si" months -orevious office experience,"' 
All limited the period suhminimum wage could apply to six Tnonths, 

Precedents in early codes o- The first code with a suhminimum rate 
for office hoys and girls' was the first -code with a special office 
rate. Code No.' 4' for the Elec-trical Manufacturing Industry,. Its 
provisions — 80 per cent of $15v' for not-mo-re -than 5 per cent of the . 
total eraployees-^-constitute'the 'TDattern most frequently followed hy 
WRA. codes. No' other' -ea.rly code had such a provision until Transit 
(Code Ho. 28, approved Septemher 18, 1933) which had a provision 
similar to the Electrical Manufacturing code for "'office hoys and 
girls and messengers under 21 years of age." Code No. 33, Retail 
Luraher, allowed 75 per cent of the office rate for "office workers 
under 19 years of age and with less than six months' .^-cperience. " A 
few of the early codes added provisions for office hoy;, and girls in 
amendments. For instance, the Knitting, Braiding and ^ ".re Covering 
Machine code, amended in Fehruary 1934, changed its office minimum from 
$14 to $15 hut added an 80 per cent rate for office hoys and girls. 
If office hoys and girls are the group to he particularly affected hy 
minimum wage, as it would seem they should he, this red\iced their rate 
from $14 to $12, In the Marketing division of the Petroleujn code, an 
interpretation of Septemher 23, 1933 introduced a rate of $12 to $15 
for "office hoys and girls and similar junior clerical emoloyees", 
comoared with the code ro.te of 40 to 47(# per hour for clerical 
employees in that division, 

. Numher linitation .- A total of 236 codes limited the numher of 
employees ^ho could he classified as office hoys and girls and 
learners, or sometimes office hoys and girls and such unrela.ted 



(*) See Chapter XII, Section IV. 

(**; Perfume, Cosmetics, etc; Package Medicine; Pharmaceutical and 
Biological Industry; Coal Dock; Retail Lumher; and Retail Solid 
.?ueT,. 

9803 / • 



-313- 

sutminira-om groups as old and handicapp^^d employees. (Sei= Table 79). 

The ntunber most frequently suecified was 5 per cent (l74 codes)- 
sometimes 5 per cent of the total em-oloyees, "but more frequently of 
the total office force or non-mamifacturing employees. Six codes 
allowed only 3 or 4 per cent; 46 codes allowed more than 5 per cent, 
hut the higher -oercentage usually covered some other subminiraum group. 

Other codes sought to limit use of the suhminiraum rate "by 
definition of office "boys, S'or instance, Marking Devices! 

"iFoot or hicycle messengers needed 8.nd excliasively used to call 
for orders and/or to deliver finished product shall he paid 
not less than 80 per cent of the minimum wage, hut no s^^.ch 
employee shall engage in any productive or mechanical work 
unless paid at a rate not less than the minimum wage as herein 
provided for such work." 

Covered Button, Toaying office hoys $13 for a week of 37-^ hours, 
stated specifically that! 

"When errand hoys are "ngaged at manual or mechanical processes 
of manufacture they shall receive the rates of -nay provided 
in the foregoing section of this Article," 

Athletic Goods defined this group in terms of age and light work! 

"Employees over 16 and less than 21 years of age engaged in 
doing light work , such as the duties of messengers, junior 
clerks, and the like, , , shall he paid not less than 28(^ 
per hour,"' 

Provisions for office hoys and girls, hy industry p.-c ups .- 

Tahle 80 shows that all industry groups excepting Finance and 
Recreation had some provisions for offic<=' hoys and girls. These riro- 
visions occurred most frequently in Uetals, Paper, Hahher, Equipment, 
Eood, and Graphic Arts codes and least frequentljr in the T^^xtile, 
ApToarel, and Pur codes. Chemicals, Pahricating, and Construction made 
average use of this su.hminimum urovision and Non-I'ietallic Minerals, 
Puel, Porest Products, Transporta,tion, Service Trades, Wholesale, 
Retail, and Territorial codes, l°ss than ayerage use. 

All hut 26 of the codes having office hoy or messenger provisions 
had a special wage provision for office and clerical workers, and 
four of theE° 26 codes were Wholesale codes where the hasic -nrovision 
applied, particularly to office emaloyees. In the other 22 codes the 
provision covered errand hoys, messengers, delivery hoys or laboratory 
hoys in 11 codes; clerical learners in 3 codes; office hoys and girls 
and messengers in 4 codes; and office hoys and girls only in 4 codes. 
The puTjpose of these codes seemed to he to get the suhminimum group 
provided for whether or not a special office rate wa,s necessary. 

Wage set .- As Table 79 sho'^s, almost two- thirds of the codes 

9803 



314 





s& 




§9 




it 




^^ 




%i 




w* 




m « 




»frt 




e > 




f o 




.& 




o 




•X -a 




Vl o 




<M -H 




O VI 




-H 




u u 




o o 




^'i' 




■a^ 


crv 


d 0) 


P- 


£ 




3^ 


» 


IM ^ 


S 


3-3 


e 


■*» 




<M fl 




O O 




u 




o 




SJ 




•» ■« 




_ o 




•d o 




9.. 




^ O 




a h 




o O 






»9pBi» TP»»8H 
•8v»n ex'"8T0'Ul 

Xa j«dd8-8 stt^xsi 

soTaqaj-sexTijisiii 
pooi 

^usoidTTibs 

jeds,; 
•s^e 'stBO-pnetjo 
B}onpojd ^83joa 

T«M 

STX'PHan-noH 
«X8!»S!! 
•X»»oi, 






CO o 



^ 



SH 

5 

5 






CU to I <-l CVi V0 

(\J <vi I in I a 



I I I I I I 

I I I I I I 

I ir> I I I IT 



I ir\ I I 



IT 



MJt I I fH Vfl 



I I H I p-« CU 



I CM r^ I 



M H 

I VO I I 

I to I I 

H 

I ir> t I 






i-l W ,H ^o r*- IT 
■ p w CM ^J> 



s 



i-l I I I iH 

I C« I rJ ro 

I OJ I to Jt 

I fH I I iH 

till I 

I I I I I 

I CM I rH e\l 

I to I I CM 

r-l H I I J- 

iH iH 

I I I iH I 



I I I I to 

iH 

c\J r^ I H VD 

I I IH I ^ 

I I I I I-l 



I to I i-l 



III I H I I 

H I CM 1-4 I CM I 

rH H CM I I to rt 

r4 I I I H I I 



III II 



I 



III I I I I 

CM I I I H I-l I 

I-l H I iH I d I 

iH to I I I to H I 

CM to I H H to VO I 

III I I I I 



H I I II 



I 



I CM to I CM H in 

rH iH 

\0 I I lO-i-l CM I 

iH 1-4 

to I I I to I I 

rt O I I I in CiJ 

lOH 1 I H m I 



1 Jt " I M fH CM I 



1 rH rH I I rH rH I 



I I I 

I I I 

CM (M I 

CM rH H 

Jt ;* ! 

H O rH 

rH H 

I I I 



va m I 



VD CM CM CM 



J- to rt 1 



^ ;* I I 



9\r^f^r^ 



IT I CM to I 



I I rH CM 
I iH ^ I 

to 

III I 



f 1 CMrt I 



\ 


S3 


1 


w 

1 
1 


to 1 

8' 


1 
1 


1 


OrO 


r-l 



IT I m I 1 



toCM ifl .H 
rH ' 

I rt I I 

lO J- CM J- 



O 

3 



9803 







H 


s 






















Si 






o 

4> 

o 
o 




1 


a 




43 


■3 

O 

43 




-3) 


■3 


~5 




■a 

43 
O 

4a 

1 




1 




43 

■3 g 


<D • 




IB 


V 












■!» 










<« 




43 O 


h la 






b 




SSi. 


^i^ 






5 ^ 






•3 




a 




o 

43 U 


(M U 




^ 


u p< 




Pi 




• • 




• » a^ • 






o 




o 


£ t, 






^ 




si. 




l<\VD 




KMTk (T» rH 




•rl 




•H 




d ^ 




u 


o o 

Id CO 


4* 


4» O 

CJ o 




SS.^ 


■a -8 


rH rH • rH 




4* 

(3 




^ 




o to *» 


a -a 




^ 


^. 


d 


Ill 


« 0) • 
^) h OJ 
P ID rH 
•r4 (M ■(» 






-H « • 


>• ID-W- 




a> 


a o 


■3 




•^ ^ -^ s 


t^ 




? 


si 


o 




o o 

4> 4> 


4» 43 CU 


O O « 4* o 

4> 4> 43 >r4 O 43 

« d 43 




u 


53 




43 d c] ® "-^ 


sl 




s 




1 




ass 


8 


38 

• • 


4*^ 

Vt CD ® 


OrHQt^-H QOQ 

OOO VtOOOO 

• ••430O * ** 


•H 


P. 
ri3 


8? 


llml 
88 t 
per 
1 pel 
her 


o ,a 


o 


-c 


•d BO 




O 13 


W 


cu -a- 


Ch 9 Tf 


OJ CUjd- 0» •d a O 

rH rH rH S3 Q \£i rH 


cy m, 




p,o 


43 


rt 


o 


a> o 


o 


O rt -u 




rH 


iH rH 


t-t rH 


<M 


s,& 


o 


<r« 


O tJ 43 


a o 






h h3 CO 


a a o 


>> o O 


■«» 


■«-«- 


•ti ttf t> ■w-'V^-vi- » i-t -co- -co- 


«■«- 


O 


n 


rH 


M ^ irSrH O 


rt o 

> -H 


■a 


-i 








3 S! 






^ s 


o 




o 








O 


o 4h 


-p 


■*» 












JJ •" 






ft 








1 


U (HI 


o 


o 


o 












rt 












PL, O 


E4 


e< 


o 






K 






» 






64 








B 



- 315 - 

a/ Omitting two Retail Codes with no minimum rate set; wage basis 
was 2C per cent increase over rate of June 1, 1933. 

b/ G-raphic Arts was $8; all others, $10 or over 

c/ Two fabsi eating codes were $13; others, $12.80 

d/ G-raphic Arts in Hawaii was $8.80; all others, over $10, 

_e/ Two codes were $13; 1 was $12; others were $12.80. 

f/ Other rates v.'ere 1 to each plant in Bleached Shellac; 7-^ per cent 
in Plurhago Crucible; 2") per cent in G-raphic Arts and Music Pub- 
lishinf , but including learners in the 20 per cent allowed in 
G-raphic Arts. , . :' 



9803 



-316- ■ 

with offic<=' "boy -orovisions ('^0? code's) s'o^^f'ified a "a^e of 80 r)<^TO<=nt 
of th=> office minimira or, in cases inhere there was no special office 
rate, SO -Dercent of th^ "baBic miniTrpim. The next largest n-umher 
(27 codes) so'^cified $2 less than the niniinun weeklv- 'rrage. Eleven 
cod°s snecifi^d less thrn 80 xi^rcent and 21 nore than 80 percent, 
flight codes are listed as setting some othT hasis. This ^as less than 
80 nerc^nt in Grrphic Arts where office hoj^s and girls were Toaid 20i^ 
an hour and. G-ra-ohic Arts in Hp.waii (l5 to ?0rf with a geogra,-ohic 
differential) ; it w^s more than 80 i:)ercent in Covered Button ($12 
compared "ith $14/$13), more and less in different regions in -Cental 
G-oods ($10 compared vdth $15/$12) and 80 -oorcent or less in Photo- 
graphic finishing ($12 conoared with $15/$14). Retail Food and 
Grocery and P-etail "eat (in the South only) s^t no minimum "but provided 
that the rates of June 1, 1933 he increased 20 -oercent, 

^ee'k'lv ^ q.rnings .- In 169 codes th° rate specified for office 
toys and girj.s was a flat minimum. The rate most freqti_ently us<=>d was 
$12 in 112 codes. Nineteen codes allowed less than $12 v^r week and 
38 codes required more than $12, 23 of thera $14 or more. It is 
interesting that 12 of these highest rates w=!re in the Food codes. 

In the 96 codes with differentials in the rates for office hoys 
and girls, the most frequent top rate was $12 (49 codes); the most 
frequent "bottom rate, $10 to $li.99 (48 codes). The Food codes in this 
group also had unusually high rates, 18 with a top rate of $14 or more; 
17 with a "bottom rate of $12 or more. 

Twenty-seven codes allowed a rate of less than $10 per week in 
the low wage sections of their industries; in seven of these codes the 
lower limit was indefinite; in many others it was $9.60 (80 percent of 
a clerical hottom rate of $12). 

When the rates with differentials and without differentials are 
comhined as they have heen for other employees, the rain. mum rates for 
office hoys in the high wage areas are seen to he J 







Flat 


With 




Total 


Minimum 


Differentials 


Weekly Wage 


Codes 


Ratp 


Toil Rate 


Under $12 


26 


19 


7 


$12 


161 


112 


49 


.12 - $13.99 


SI 


15 


16 


14 - 16 


47 


23 


24 



Total 265 169 96 



9803 



-517- 

In th^ Iqtt wpgFi arR3 . th-^ distribxition oha.ng'^s to 





Total 


TTpqkiv Waff'^ 


Cod'=^s 


Indi^f inite 


7 


Und°r .' i.O 


21 


$10 to $11.99 


65 


12 


131 


12 to 13.99 


18 


14 to 16 


23 


Total 


265 



I'lat 


Wi 


th 


HiniTniom 


Di 


ff'=ir«^nti?ls 


Rate 


So 


't torn 'Hate 






7 


1 




20 


18 ■ 




47 


112 




19 


15 




3 


23 




„ 



169 96 . 

As in thR rstRs for office and clerical '"orkers, the differ- 
entials in the rates for office "boys and girls were nainly popiilation 
differentials (70 codes).- Fifteen codes had geographic differentials; 
10, hoth geograrihic and populp.tion; and the CoDTjer and Brass Mill 
Products code had a 1929 'differential. This code is interesting in 
having a se:?: diff er'^ntial for emoloyees hetwepn the ages of 16 and 18 
years (and these young emoloyees were office hoys and girls h'ecause 
the code provid.ed that no one und^r 19 should, "be employed "e?:ceTDt in 
clerical and lahoratory work and for messengers"). The ra,te for 
clerical and laboratory workers and 'messengers 16 to 18 were 80 
per cent of the ha-sic rates 40(^/35^ for males (l929 differential) and 
35^/30rf for females. 

The codes with lowest' rat'es* o*f 'all for office "boys were! 

C-raphic Arts ..'.'.■.'.... $ 8.00 

Dental La'boratory 10.00 

Dental Goods . . ._ . '. . . . . . . . ... 10.00 

Shoe and Leather Finish 10.00 

Daily Newspar)e.r . . 10.50/17.70 

GraTjhic Arts in Hawaii .......... 8,80/6.60 

Two codes with an average rate in the high wage a,reas had a raie 
of $9 in the low' wage areas-' Baking $14/*9 and Seed Trade $l3/$9. 

The highest rates for office "boys and girls were found in! 

Print Roller *...... $16.00 

Fur Dressing and Fur Dyeing ....... 15.00 

Copper . ...... 14,40 

Domestic Freight Forwarding 14,40 

Petrole-om (Mari-reting) . 15/12 

Retail l^un'ber 15/10.50 

Retail Solid Fuel ..*,.,, 15/10.50 

In the codes with special rates for office workers pnd no 
minimum for office hoys and girls, these persons would undoubtedly 
come under the provisions for office workers; the clerical rates, it 
must he remembered, were less than the rates for basic emoloyees in 



9803 



-518- 

1?7 nodes. In thesf^ IfO cod°s, th° -^-^p.viy offic° ninimiiTn s-D'=cified 

was much hi.q;her tha.n th^^ of'ficp! "bo^ rat^is — $15 li='.in£' th'=! nost fr«auerrt 

flat rate ar.d top ra.t=^, and Ol4 th". niost frf=!aup-nt ■bottom rate. 

Office Bmrg and G-jrls in Ha.ior Cortos .- Teljlg 81 shoe's the ^^etgc 
nrovisions for office hoys find f^irls in 25 of th-^ rae.jor oddes. This 
is p smeller t)ror)ortion (r^4.7 per n^nt) of the major co'^ies than of all 
the nodes (46.2 per cent). Measured in terns of total employees 
covered hy the codes, these 25 major codes r'^presented 69 per cent of 
the employees in the cod°s Tith these provisions. 

Und<=r these 25 major cod^s, office hoys got 70 per nent (News- 
paT)er Puhlishing) to 87-i p'=r cent (Fishery) of the regular office 
rate excepting that in Retail Food and Grocery and Retail Meat no 
minimum tt^.s specified. In these codes delivery hoys wi^re to receive an 
increase of 20 per cent over their weeVly earnings on July 1, 1933. 
In ree]':ly earnings the r^ages would amount to $8 (Graphic Arts) to $15 
(Retail Solid Fuel in the high wage districts) hut to less than $10 
per week in the low wage districts in Transit, Retail Lumher, Baking, 
Daily Hewspapf^r, Ruhher Tire, Ruhher Manufa.cturing,,. sjid Retail 
Brokerage, 

Th° numh^r of major codes having provisions for office hoys and 
girls is perhaps an' ujiderstatement. The following major codes had a 
general suhminimum rate for juniors 16 to 18 y°ars of/ age which would 
seem to he applicahle to office hoys and girls and messengers. (*) 

Retail Trade ... . ........ . . . 1,843,000 employees 

^ol'^saling 460,000 employees 

TTholesalo Food & Grocery .... 113,000 employees 

The -nroTlem of 6ff ice 'hOA'' 'and 'frirl faies. " The problem of. office 
hoy rates is the prdhlem'of anv suhminimum "rate; the oresence of such 
a rate may make possihle a higher "of f ice minimum hut ^'-f^-A. experience 
indicates tha.t unless sa"feguard.ed. "the "suhminimum rate i^nds to hecome 
the minimum rate, Th° co'des 'sought to "do' this hy definitions of 
office hoys and girls and hy limitatiion of the numher "ho could he so 
classified. This was a, type of suhminimum rate which caused little 
complaint. 



(*) See Chapter XII, Section 



» .- • 



9803 



-319- 

TABLE 80 

Wage tjrovisions for office "boys and girls, etc; numlDftr 

and percentage of codes and of enroloyees covered "by these 

codes "by industry grou-os 





1 Codes 


'• Employees 


: P 


=5rcentage 






• 


'• (thousands J 


: this -Drovision 






:With 


: Covered 


: Covered "by 


: ^Employees 


Industry group 




Soffice 


•■bf 


5 codes "Tith 


• i covered hy 




= Total 


'"boys & 


: codes 


: office hoys 


: Codes •• these 






: girls 


: total 


tand girls 


: : codes 






rTjrovi- 




.■provision 


• • 






: sions 








Total 


: F78 


: 267 


: 22. 554 


: 5.713 


:46.2 


: 25.3 


Metals 


: 12 


: 11 


: 576 


: 156 


:91.7 


: 27.1 


Non-Hetellic 


: 52 


: 17 


: 448 


: 116 


!32,7 


: 26.0 


Fuel 


: 5 


: 1 


: 1,429 


: 133 


:20.0 


: 9.3 


i'orest products 


: 17 


: 5 


606 


! 21 


:29,4 


: 3.5 


Chemicals, etc. 


: 33 


: 16 


2,288 


: 100 


:48.5 


: 4.4 


Paper 


: 32 


: 21 


294 


! 67 


:65.6 


! 22.9 


B-uther 


: 4 


3 


155 


: 152 


:75.0 


: 98,1 


Equipment 


! 92 


76 


1,684 


! 1,088 


:82.6 


: 64.6 


Food^ 


: 48 


33 


1,146 


: 803 


:68.8 


: 70.1 


Textile s-fa"bri..'.s 


40 


3 


1,925 


: 10 


' 7.5 


: 1.0 


Textiles-apparel 


: 45 


2 


995 


4 


4.4 


: .4 


Leather 


: 11 


1 


309 


5 


9.1 


: 1.7 


Fahri eating 


82 


41 . 


1,250 


773 


50,0 


' 61.9 


G-raphic Arts 


6 


6 ■ 


375 


375 


100,0 


100.0 


Construction 


10 


5 


2,565 


77 


50.0 


3.0 


Transportation, ■=^tc. 


13 . 


5 : 


1,751 


312 : 


33.5 


17.8 


Finance 


5 : 


— ! 


374 


_ , 


» 


,— 


Recreation 


5 I 


^ '. 


459 : 


_ ; 


^ 


» 


Service trades ! 


12 : 


2 : 


854 : 


125 : 


16,7 ! 


14.6 


Wholesale ; 


24 : 


9 : 


1,127 . 


235 : 


37.5 ! 


20.9 


Retail ; 


23 : 


8 : 


4,779 : 


1,157 i 


34.8 ! 


24.2 


Territorial ! 


7 : 


2 : 


124 : 


4 : 


28.6 : 


34.7 


Ifejor codes : 


72 : 


25 : 


18,639 : 


3,944 : 


34.7 : 


21.2 



9803 



320 



Table 6/ 
Wage provisions for office boys and girls, messengers, etc* in majoi; codes 



Code 




Employ- 
ees in 




Wage 




num- 


Percentage ;Weekly 


Number 


ber 


Code 


thou- 


: Designation 


of : amount 


limitatioB 






sands 




minimum :(in dollars) 


(nercentoM 


183 


Retail Food and Grocery 


440 


: Messengers 


:llot 
a/ s specified 


m 


84 


Fabricated Metals 


413 


: Office boys and gii;ls 
: Clerical learnere^ 


80 : 12/1 


» 


280 


Hetail Solid Fuel 


346 


75 I 15/10,50 


10 


4 


Electrical Manufacturing 


329 


! Off ice boys and girls 


: 80 : 


12 


5 


28 


Transit 


264 


:Off ice boys and girls 


• 80 


12/9.60 


5 


287 


Graphic Arts 


232 


tOffice or errand boys 


: 












: and girls 


: 


8 


! 20 


308 


Fishery 


200 


: Office boys 


87^ : 


14 


> 


445 


Baking Industry 


186 


: Office boys and 


Minimum : 












: messengers 


mlniis $2: 


14/9 


10 


33 


'Retail Lumber 


186 


: Clerical leamersW 


75 : 


15/10.50 


: 10 


10 


Petroleum-Mairlcet ing 


133 


: Office bqjrs and Junior 


: : 












: clerks 


; 80 : 


15/12 


- 


540 


.Hetail Meat 


: 123 


: Messengers 


: ^ : 


Not 

specified 


«• 


288 


■Daily Newspaper 


: 106 


:Off ice boys and girls 


: 70 : 


10.50/7.70 


: 10 


446 


: Canning 


! 99 


: Off Ice boys and 


; Minimum : 








t 




: messengers 


: minus $2i 


14/12 


10 


347 


:Machinery and Allied Products 


■ 94 


sOfflce boys and girls 


: 80 : 


12 


: 5 


LP18 


iFresh Fruit and Vegetable 


: 93 


SOff ice boys and 


: Minimum i 












! messengers 


; minus $2; 


14/10 


i 5 


459 


:Bottled Soft Drink 


: 93 


:Offlce boys and 


; Minimum : 












: messengers 


: minus $2: 


14/12 


: 10 


277 


:Gray Iron Foundry 


: 80 


: Office boys and girls 


t 80 


12/11.20 


; 5 


105 


;Automotive Parts 


: 79 


5 Clerical learners 


: 80 ! 


13 


1 5 


174 


:Bubber Tire Manufacturing 


: 75 


sOff ice boys and girls 














s and clerical learners 


: 80 


12/9.60 


: 5 


156 .' 


Rubber Manufacturing i 


74 


:0f f Ice boys and girls : 




: 12/9.60 : 










: and clerical learners: 


80 


5 


392 : 


Real Sstate Brokerage : 


70 


rOffice boys and girls : 
: and messengers : 


80 


: 12/9.60 : 


10 


401 : 


Copper '• 


64 


: Office boys and girls : 
: and messengers : 


80 


: 14.40 : 


5 


LP15 : 


Alcoholic Beverage Wholesale : 


60 


:Off ice boys and girls ! 


Minimum 




1 f\ 








: and messengers : 


minus $2 


: 14 ; 


10 


362 : 


Photogr^hio Meant ! 


55 


zMessengers : 


M 


: 12 : 


mm 


82 : 

! 


Steel Castings : 


50 


:Offlce boys and girls 


80 


i 12 : 

J. ! 





3j Exempt from minimum In the South but the rate there must not be less than 20^ over that of June 1. 1933. 
b/ For 26 weeks only. 



9SO3 



■ -321- 

■■' IV, SAL5S ELiPLOYSES 
As indicated in Section I of this chapter, PRA included sales and 
service employ.ees with clerical and office enployees at th& proposed ' 
$15/ $14 wage. The codes very frequently covered office, sales, and ser- 
vice employees with the. sane provision. Ho, effort has "been made to 
check which of the codes tah-ulated in Tahles 75 to 78 included sales 
enployees in this waj''. 

In some codes salesmen were, especially mentioned. In others they 
were included hy definition of method of wage payment such as "whether 
such vages are calculated upon an hourly, weekly, monthly, commission, . 
or any other basise" This section reports on the codes which had pro-, 
visions for salesmen different from those for office and clerical work-; 
6rg, 

Exemp-tion of commission salesmen ,- The most frequent provision "is 
complete exemption from minimum wage provisions for commission salesmen, 
outside salesmen, traveling salesmen, sales and service or salesmen and 
collectors. Such a provision was .incorporated in 67 codes in the fol- 
lowing groups: . ' . 

Non-Metallic Minerals.- ,..,'.....'...,..•..•.. »3 ■ ■ 

Fuel .......*■ ...........2 

-Chemicals, .,•..,..,.-.,.......,. .\. .,.....,,.',... .,5 ■ 

?aper,., ,.,«.,..'....,.. ...,., .■.',9 - 

Ruhber '...... '. . . . . . . .1 ' ' 

-i-jquipmen u, ....-.....•••.....^.e., ,_^ , • , . ..••••• ^ A^ 

Pood, .,'.,,., .v. . .". .-. . .,.■,. .1 

Textile. Pabrics, 1 

Textile Apparel,. ,,,,...■.,......-..,;......,,.. ,1 

■ . V ■. . Pabricating .......•• ...17 

.G-raphic Arts. ...',....' ; .-...^1 

-'. ■,:■ Transportation. ,,.........,........■..-. s, ..-.., ,1 

'.; / ^ Service, , J. 2 

■ -. ■: ; Wholesale Pood /and Grocery .....1 

■ . Retail t, 

.- - .Territorial 4 

Among t-ie major codes with such an exemption are: the following: 

-■ ;- ' Petroleum-r-Market Operations 

- Paper and Pulp - ,. 

Rubber Tire Manfacturing ' ■ ' . 

Electrical Manufacturing ..- • .' : 

Pabricated Metal Products 
-. ,- Automotive^ Parts '• ' 

- .. ;. Wholesale Metal. Products ' ' , 
Rfetail Pood and Grocery •■■.•, 

j'-inima for commissioned salesmen .- A few codes set a minimum even 
for commissioned salesmen. Thus Wholesale- To "baeco provided that "no 
outside salesmen, whether employed on a commission basis or othei-wise 
shall be paid less than at the rate of $25 per week; six consecutive 
days shall constitute a week". 



9803 



Retail Mormment provided thp.t "all salesmen, agents, and/or repre- 
sentatives of any memter of the industry shall "be paid not less than 
$1''^ per vreek. " 

Auto Sales in Hawaii provided that "outside salesmen and collectors, 
if on a salary basis, shall he paid not less thaii $60 per month; and if 
paid on a commission hasis shoil he guaranteed a drawing account of not 
less than $50 per month," 

Siorgical Distributing (Wholesale) required that "the minimum wage 
paid to outside salesmen and outside collectors, e?:cept those employed 
solely on a commission hasis, shall he not less than $15 per week, plus 
traveling ezpenseso" 

The Baking code provided a higher rate for salesmen than for office 
employees, ITo salesmen "regardless of the rate of commission or the 
point at which it starts" could he paid less than $22/$10 according to 
population. 

Stores and serv ice s tations .- Two codes provided a lo*er rate for 
stores and service, stations, th^n. f 9 J". office and clerical workers. These 
are Baking which required, $16/$14, ^ according to population, for I'account- 
ing, clerical or other. off icp. enployees" and" $15/$12 for "Store employees," 
and Sewing Machine, which. reap.ired, $15 for "any employees engaged in 
clerical or office. workJ^ and, $iL4/$lf', according to' population,' for em- 
ployees in retail- stores, or, ^gpyj-ce, stations, ' 

V;- WAGE PR0yiS,I0K5. CONCCT^Him WATCHMEH 

In the discussion- of hours, provisions, it was seen that watchmen 
were very frequently- ezcep.tad from .th.e, hasi.c hours provisions. In a 
much smaller percentage, of the. code.s,. there were special wage provisions 
concerning watchmen, ■ In ■the. a,h.senc,e of these wage previsions, watchmen 
working longer hours tiian -the .ha.sic .employees, at the .-arae minimum hourly 
rate, had an earni-ng- opportunity. high,ej:, than the basic linimum, A few 
codes specifying longeo:. iiaurs foj, watcjifflen stated that tie minimum hourly 
wage (.overed them, (*) No tabiolation is made of these cases because they 
are 'the same in effect as hundreds of codes with special mention of watch- 
men's hours and no mention of their wage rates. 

As Table 82 shows, special wage provisions occurred in 71 codes 
covering practically two million of the employees under codes. Thirty- 
one of these codes, covering 287 thousand employees, were in the Sbod 
division. These other codes(**'). covering 482 thousand employees. 

(*) Si:; codes paying watchmen the basic hourly rate for longer hours 
than the basic employees' are; Legitimate Theatre, Motion Picture 
(Distributing division).. Paper and Pulp, Vacuum Cleaner, Beet Sugar, 
and coal dock. 

(**) Transit, Retail Lumber, and Can Manufacturing. 



9803 



-323- 

specifically exempted fron the minimum wage,. 

gabminimvun hourly rates a- In. nine codes, the watchmen's wage was 
expressed as a percentage of the "basic hourly rate - 7S per cent in 
Automatic Sprinlder and GO per cent in the other eight codes. In four 
of these cedes the watchmen were grouped with old and handicapped em- 
ployees and limited to 2 per cent of the total emplos'-ees (Boiler Manu- 
facturing) or 5 per cent (Metal Tanlc, Mallealile Iron, and Structural 
Steel). The Boiler Manvi"acturing code had a 40-hour week for watchmen 
and so under that code watchjaen were suTDminimum employees, earning 80 
per cent of the Lasic minimum weekly wageo In the Furniture Manufactur- 
ing and Horseshoe industries, watchmen were allowed to work 48 hours (*) 
(120 per cent of the "basic hours) at 80 per cent of the tasic minimum 
hourly wage and thus they could earn 96 per cent of the "basic weelcLy 
minimumo In the Automatic Sprinlrler Industry, watchmen were allowed to 
work 56 hours (140 per cent of the "basic hours) at 70 per cent of the 
"basic minimum hourly wage and thus they could earn 98 per cent of the 
"basic weelcLy minimum. In the other five codes in this group of nine, 
the watchmen-, working 56 hours at 80 per cent of the minimum hourly 
wage, exceeded the weekly wage "by 12 per cent. 

In five codes the watchmen's wage was stated as an hourly rate. 
In three codes the hourly rate was less than the "basic minimum hourly 
rate. Under the Textile Machinery code, watchmen were paid 30 cents 
an hour and were limited to 40 hours (same as "basic hours) per week; 
thus they earned less on a weelcLy "basis than employees on the "basic 
minimum of 35 cents an hour. Under the Macaroni code, the watchmen's 
weeld.y earnings (56 hours at 30^) were less than the northern rate (40 
hours at 45(^) "but more than the southern rate (40 hours at 40^), In 
Auto Sales in Hawaii, watchmen got only 20 j^ per hour for a 56-houx week; 
the "basic minimum was $12 for a 4't-hour week. In two codes the hourly 
rate was higher than other employees' rate. In Raw Peanut Milling, 
watchmen at 22(# were higher than the "basic minimim (15^); their hourly 
wage was the same as "those engaged in shipping and rec^.xTing, feeders 
of pea,nuts into mills, sweepers, helpers, sack sewers, chute attendants 
and oilers. Under the Inland Water Carrier code, shore watchmen got 
$22,40 (40^ per hour for a 56-hour week) compared with $15 per 40-hour 
week for all other shore employees. 

Weekly earnings .- As Ta"ble 82 shows, in 57 codes the watchmen's 
wages were expressed in terms of weekly wages "because of their steady 
employment whether production operations continue or not. In 19 of 
these codes, the rate was the same as the rate for other employees on 
a weekly "basis. Under these codes the watchmen's hourly earnings ("but 
not their weekly earnings) were su"bminimum "because of their long hours. 
In three codes with a differential for other weekly employees, watchmen 
got the same as the top rate, "but more than the "bottom rate. In 26 
codes - 20 of them Pood codes - the watchmen's weekly wages were higher 
than the weelj.y wages of other employees, thus compensating them in 
some measure for their longer hours. In four codes with a weekly rate 
for watchmen their rate was lower "but hours were the same or longer than 

other weekly rates, (**) 

(*) Furniture Manofc.cturing had an average of 48 hours over 2 weeks, 
(**) These codes with their watcl-ima.n rates are Petroleum-Market Opera- 
tions, $15/$12; Buff and Polish Composition and Buff and Polish 
Wheel, $13; Cotton pickery, $15, and Bowling and Billiard $15/ $11 
9803 



324 



CO 



9 



^ 



h 

Pi 



8 



o 



I 



E 

Pi 

I 



■•^J4 •Traaterit 

■•pajt aoTAMs 'rH 

net^vsjsaH u- 

soT$9)jod8asj£ ^ 
noT^OTu^esog o 

ftiTl»OTJq»i w 

JBJ puB JetHS»>l rt 
IT 

tej>dds-e3XT4Z8j ^ 

»OTJq»J-aetT»»J 5 

pooi 5 

joqqns ■* 

•04». 'BtsopneTio jj 
E^onpaid ^sejof 

t»nj[ "ri 

oiiTBiaB-ooj 'it 

■•t»»aH H 



I I r-( I I 



I I 
I I 



1 I rH 

I 1 I 

lO I I 

1 I I 



I I -H 

I <-t 1 

I^ I I 

I I t-* 

v4 I iH 9\ Q 1 



I I 
I I 



'8i« 



^ "5) 



K\ 60 vD 



I 



I I I 
I I I 

f-i ni I 



I t I 



I I I 

I CM I I iH 
I I I 



1 

I rt I I I 

iH »-i o^ r* cu 



1 I 
1 1 


1 
1 




1 1 


1 ft 
1 1 

1 J 
1 1 


1 

1 

1 
VJ3 




ft 1 
t 1 

1 1 


1 1 


1 

CM 


O 
ft 


1 1 

8-^ 



■a\ 



9803 









oi sis" 


■I 






















asl^^- . 














































^ O C0 »1 O t4 « 


S 












































o 

i-i 


■a 






















4> 














• 




"^ 




o 

D3 
O 1 














• 




a 


■a^ s^ 2^ s 




r-a 












■sj 


Vl 




§ 


3^5 " ^^ 8 
















• 






•4 M 














h 




•H 


S.H Is 




>. j; iH 












'i 






■ 


- a *. i( ■a i| « 














1 


3 




t: 












«4 
4» 


•c , 




s 


h o h V » (C h 




»*^ ir» r^ <n 


S 


s 




V 


p< 


Hourly 
80 per 
Hourly 
Basic 

Higher 

Lower 

Weekly 




SH 


iH 


fl 


iH 


>< 


h 


■» 1 


« 






OS •H 










o 


<D 


M 


1 


1 




fl* S 


w d-' 


sD 


to 


s 


ti 


i-< o 


o 




01 o « 


t-i 


^ 


iH 


ft 


id 


« 4» 




^ 




1 ^ ^ 


•» 


-•B- 


-W- 


■••• 


•M- 


•a 


«> 






•§ 












.a 



I:? 



CVJ 


CM 


o « 


ITt 


•H ir. 




■•» |H 


r-< 


1^ 


•H 




■•» • 


f 


• h- 


irv 


iH 


■H 



gfl sp OJ OJ u cu 
•r4 iTN ir\ iH sO in 



^ 

't^ 



^ 


=f 


fH 


S^ 


ir\ 


i-t 


o 


iH 


■-I 


H 


I-* 


t 






■ 






• 


o" 


p* 


w" 


iTi 


« 


1^ ft 

• 


• 


O 

• 


h 


r- 


ITS 


cr\ 


p— 


m 




r-« 


fM 


iV 


«-i 


1-1 




o 


n 


o 


CS 


CS 


H 
























(3 
























^ 


• 











a B 


* -"^ 


u £ 


o • 




O sO 


4» • 


Rq fH 


•> • ts 




S • tp 


f» 


I o » 




M •H 




o « u 


»nw 


■f» tf iH 


cxj to 


g'" a 


■ • 

4» in o 


5 ^ 


iH i-l 


<^ d 


0) -^*-*- 


r-* <« 


|.S<S 


•H U O 


°& o 




« O 4» 


"1 ^ « 


ta 


® V >» 


O IS 


B )>. 




c) rj P< 




3^5 





CQ 

u 9 















r-) O H fH I-t 
i-l t> a (D • 

1 &S '^ 






O 43 

n •H 



i^i 



-AS) 

iH "**^ lu 

■--.-H at p, 



(S (H 

<D • HO 

u ir\ 9 -H - 

O iH R A ^ 



O 0) 

0^ 

fH fH »H IH &• 



15 

k o Oicn 

•H » o f-* 

A e p>< 



' ' "ST 



-325- 

In two Clay codes the watchmen got $15, while other weelcly workers 
got $16 to $14, Thus the watchmen's weekly rate was less in the North 
but more in the South than other weekly workers'. The same relationship 
existed in Crushed Stone where the watchmen's rates were $14/ $13, other 
weeklj"- rates were $15/ $12; and weekly earnings on the minimum were $16 
to $10, ajid in Ready Mixed Concrete where watchmen got $15 to $13 and 
hasic employees $20 to $10. In all these cases, the watchmen's longer 
hours resulted in lower hourly earnings, 

When the watchmen's earnings under codes ^^ith hourly rates are 
translated into weeldy amounts, it is seen that five codes provided $20 
or more; 20 codes, $18 to $19.99; 10 codes, $16,00 to $17,99; 12 codes, 
$14 to $15,00; 6 codes, $12 bo $13,99 and only one Territorial code pro- 
vided an earning opportunity of less than $12 per week, (Auto Sales in 
Hawaii, $11,20 for 56 hours). 

Population and geographical differentials were much less common in 
watclmen' s r?,tes than in "basic rates, "bLit they occurred in 17 cases, 
Nine of theF3 were weekly rates for watchmen - $16/$14, $15/$11, $15/$12 
(4 codes), $15/ $13, $14/$13, and $13/ $12, The others were codes with a 
provision for a percentage of a hasic hourly minimuiii with a geographic 
differentials Pive of these codes g'^ve the watchmen $17,92 for a full - 
time week in the Horth; the southern rates were $15*68, $15,23 (2 codes), 
$14,56 and $12,54, The three other codes yielded earnings of $15,36/ 
$llo52, $13,G5/$11,52, and $12*00/ $10, 88* 

Higher— brackets clauses ,- The story of earnings of watchmen is not 
complete without a consideration of the code provisions covering main- 
tenance of wages in the higher "brackets. The watchmen suffered more than 
other groups xmder the "partly maintain weekly earnings" provision, (*) 
When a code provided that "no employee shall receive for 40 hours of 
lahor less compensation than he received or would have received (as of 
a certain date) for a normal full-time week not exceecHng 48 (or 50 or 
54) hours per week", there was no guarantee of the wee] ly earnings of 
watchmen whose hours were cut from 84 to 40, The files of the HRA con- 
tain complaints of individual workers who suffered a cor.siderahle re- 
duction of earnings under codes with such provisions, 

T!he problem of watchmen's wages ,- There is a tendency among MElfl. 
code observers to speak of watchmen's wages - and indeed all special wa^e 
provisions - as exceptions from the minimum wage or subminimum wages* 
The analysis of code provisions above will not support this generalization* 
It is true that in five codes watchmen were grouped with old and handicap- 
ped employees and were paid a subminimum hourly rate* Altogether 12 
codes provided for a lower hourly rate for watchmen but in five of the 
cases weekly earnings were greater than the basic minimum weekly earn- 
ings. Three codes exempted watchmen from minimum-wage provisions, thus 
providing no wage floor at all. Of the 57 codes stating watchmen's 
wages in weeLiy terms, only five had a subminimum rate for watchmen, 
and four othars a subminimum rate in certain sections of the country, 
usually in tne South, The great bulk of the watchmen in the country 
were covered by the minimum-wage provisions for basic employees* In 



(*) _ 

See Chapter XIV , Section IV 

9803 



-326- 



the majority of the codes, longer hoiirs resulted in higher weekly earn- 
ings than other employees on the minin-um rate though their hourly earn- 
ings were lowero 



( 



9803 



■ • -327- 

CHAPTER XIV 

WAaES AliOVE'THS r.;iHIl,IUl.i 

In addition to the ninimiin rrage provisions, most codes made sone 
arrangenent for vrages of workers atove the minin-um, or as they are 
frequently called, "wages in the higher hrackets, 'f Such wage provisions 
were esta/olished for t"o reasons. On the one hand the enployers sought 
fair co-:petition in wages at all levels - and often wages ahove the 
minimuu were a nore inportant element of cost thsji ninimun wages. On 
the other ha.nd the workers in the higher brackets sought a wage floor 
to preserve their purcha,sing power. Provisions were deeiied necessary ' 
to mal:e certain that increases required "by the codes in the wages of 
groups at the mininnim were not taken out of wages in the higher hrackets, 

I, F2A AlID ^IRA POLICY Git I7AG3S ABOVE THE i.ilinbmi . <*) 

As indicated in Chapter X, the statement of the President in sign- 
ing the Ptecovery Act included this statement (italics are the present 
author's): • ' ■ . 

"The idea is simply for employers to hire more men 
to do the e:.:isting work by reducing the work hours of 
each man' s we ek and at the same time paying a living 
wage f r the shorter week," . . 

This does not say the same wage or a larger wage, hut it does imply 
that each man ' s hours and wages were to he covered hy the IIRA, 

Pour possible arrangements. - In providing wage control for em^- 
ployees above the minimum, the codemalcers would seem to have had four 
possible choices, 

1, TTages above- the miniD.um could be increased in the sam.e propor- 
tion as were minimum wages. In establishments where depression wage 
cuts h3,d been ma.de on a percentage basis, this would have restored 
the statu. s quo ante . Since the ep.pha,sis of the adainistration was on 
increasing piu-chasing power over as wide a base as possible, this 
xiro-portional increg.se was not seriously considered in- the code making 
process, (**) 

(*) For a, fuller statem.ent of ilRA policy on wages above the minimum 
see "TJages above the Hinitaum ■■under the ITIHA" by I7m. Lawson,, 
I7ork Materials 45* 

(**) A fe\T codes provided -for a percentage increase in wages above the 
minimum which Slight- or might not be the same percentage increa.se 
as was granted to the minimum wage group, Uost of these codes were 
in Cla.ss 4, partly maintain earnings, and some were so wealcened by 
other provisions as to be called Class 10, (See Sections IV and 
VII below). ■ ■ . ■ 



9803 



-328- 

2. Wages atove the minimum could be increased by the same amoiint as 
wages at the minimum. This is the " dollar d ifferential " clause which 
actually was adppted in a number of codes. (See Section V below). 

3. Specified wage rates could be set for workers in the higher 
brackets. This w^uld have been difficult because of the lack of standard 
occupational classification in most industries. In the absence of collec- 
tive bargaining the Administration would have found it difficult if not 
impossible to establish nation-wide wage rates for skilled occupations. 
Accordingly, the Administration went cautiously in the matter of approving. 
pther than minimum rates. The policy followed was that enunciated in 
Section 7 (c) of the NIRA concerning codps to be imposed by the president: 

" The President may differentiate according to experience and 
skill of the employees affected and according to the locality of employ- 
ment; but no attempt , shall be made to introduce any classification accord- 
ing to the nature of the work involved which might tend to set a maximum 
as well as a minimum wage . " 

However, in a number of industries with the practice of collec- 
tive bargaining such schedules of wage rates in the higher brackets were 
incorporated in the codes. (See Section III below.) 

4. Weekly earnings of workers in the higher brackets could be 
maintained when the hours of_work were reduced. This would not increase wages 
to offset the increases i'h prices and cos* of living which were antici- 
pated, but would prevent cuts in wages resulting from the shortening of 
hours. Many of the earliest MA provisions were of this latter sort. (See 
Section IV below) 

Early NRA precedents . -The first wage-in- the-higher-brackets pro- 
vision was in the Cotton Textile Code. That short code as submitted to the 
President for approval made no mention of any wage provisions excepting a 
minimum wage rate and the groups which were exempt from that provision. 
When the president approved this code July 9,1933, the following statement 
was included in the Executive Order of approval:, 

"The existing amounts by which wages in the,, higher paid 
classes, up to workers receiving $30.00 per week, exceed wages in the 
lowest paid class, shall be maintained." (*) 

This would have increased all wages in the higher brackets by 
an amount equivalent to the increase in the minimum; and though the minimum 
was only $12 in the South and $13 in the Worth, it represented a consider- 
able increase in some sections of the industry. Thus it is not surprising 
that the Cotton Textile Industry Committee on July 15 submitted a substitute 
provision: 

"The amount of differences existing prior to July 17, 1933, 
between wage rates paid various classes of employees classified according to 
occupations (receiving more than the established minimum wage) shall not be 
decreased — in no event, however, shall any employer pay any employee a wage 
rate which will yield a less wage for a work week of 40 hours than such emp- 
loyee was receiving for the s,;jne class of work for the longer week of 48 



(*)COQes of Fair Competition , Vol.1, p. 1. 
9803 



-329- 

hOTixs or nore prevaling prior to Jtily 17, 1933." (*) 

This provision, vrliich ^as accepted, shifted the emphasis to the preser- 
vation of forner ne'ekly earnings with a secondary emphasis on the main- 
tenance of pre-code differentials between wages aljove the minim™, with£ 
out reference to- changes made in the minimum wageii (**) 

The ne:-t wages- in- the-hi^j-^her-brackets provision wffi,s in the presi- 
dent's Seeuplojrment Agreement announced J\ily 20, 1933, The proposed 
agreement included the employer's promise in paragraph 7; 

"Hot to reduce the compensation for emplojTnent now in excess 
of the minimum wages hereby agreed to (nothwithsta-n^ding that the 
hours worked in such emplojTnent maj'' be hereb^r reduced) and to 
increase the pay for such emplojonent by an equitable rea,djustnent 
of all pay schedules," (***) 

This seemed not only to continue the emphasis on the maintenance of 
weekly earnings but also to add the idea of an "equitable adjustment" 
upward. 

Like the Cotton Textile clause the .PEA clause \7as' almost immediate- 
ly wealiened, in this, case, not by ai-nendment but ''oj interpretation, SEJA 
Bulletin ITo, 4, "The Official Ejrplans.tion of the President's Reemploy- 
ment Agreement" contained two "official interpretations" of the wages- 
in-the-higher brackets provisions, which must be quoted in full because 
of their heo^ring on later code provisions, 

Inter'oretation 1 , 

"para.graph 7 means, first, that compensa.tion of emplo^^-ees 
above the minimum vrage group (whether now fixed by the hour., daj-, 
week, or otherwise) shall not be reduced, either to compensate 
the emplojrer for increases that he may be required to malce in 
the minimum wage group in order to comply with the Agreement, 
or to t\irn this Reemployment Agreement into a mere share- the 
work movement without a resulting increase of total purchasing 
power. This first provision of paragraph 7 is a general state- 
ment of what shall not be done, 

."The rest of paragraph 7 is a particular statement of wha-t 
shaJ-1 be done, which is that rates of pay for -employees above 
the minimum wage group shall be increased by "equitable re- 
adjustments", xTo haxd a.nd fast rule can be laad down for 
such readjustments, because the variations in ra,tes of pay and 
hours of work would make the application of any formula unjust 
in thousands of cases, ~e present, however, the follovnng ex- 
amples of the need for and methods of such readjustments: 

(*) Codes of Pair Competition, Vol. I, p, 22. The underlined words 
were added ''oj amendment, November 9, 1933, See 701,11, P,685, 

(**) See Section V below for ah illustration of the difference 
this change wo-ald make in earnings of workers above the 
minimum. 

(***) The PSA is quoted in full in Appendix I to this report, 

9803 



-330- 

" E::ample 1. .Employees noM v/orking forty hoiirs per neek in fac- 
tories, '.rnen houi-s are ' reduced to thirty-five, the -oresent rate per 
ho-jj.' if increased one-sevr-nth uoiild provide the sarae compensation for 
a normal reek's viorh as before. 

" E::ain'?le 2. Employees nOT? working 60 hours per neek in factories. 
ITlien hours are reduced to 35, a rate per hour if increased, one- 
seventh might he insufficient to provide proper compensation. But, 
to increase the rate hy five— sevenths, in order to provide the sajiie 
com^ens-'tion for 55 hours as previously ea,rned in 60, might impose 
an inequitahle burden on the employer. The 50-hour week might ha.ve 
been in effect because of a n.\sh of business, although a 40-hour 
\7eek might have been normal practice at the sa,me hourly ^''age. 
Seasonal or temporary increases in hours no\i in effect, or recent in- 
creases in \7ages, are proper factors to be taken into consideration 
in moJcing equitable readjustments, 

" The policy governing the readjustment of wages of r.ll employees in 
vrhat may be termed the higher rrajje groups requires, not a fixed rnJ.e, 
but 'equitable readjustment' in vie-j of the long standing differentials 
in pry schedules; with due i^egard for the fact that payrolls are 
being heavily increased, "and tliat employees will receive benefits fron 
shorter hours, from the reemployment of other workers, ?jid from stabi- 
lised employment which may incre-.se their yearly earnings. 

" The foregoing examples indicate the necessity of dealing with this 
problem of 'equita,ble readjustment,' of the higher rates of pay, on the 
basis of consideration of the varying circumstances and conditions of 
the thousands of enterprises and employments involved. Any attempt to 
define a national standard rotiJld be productive of widespread injtistice. 
The National Recovery Administration will, through local agencies, ob- 
serve carefully the manner in which employers comply with their j\gree- 
ment to malce 'equitable readjustments', and will taJte from time to time 
and announce from Washington such action as may be necessary to correct 
clear causes of unfairness and to aid conscientious emploj'-ers in carry- 
ing out in good faith the terms of the Agreement, 

" Ulien an employer signs an Agreement and certified his compliance and 
also joins in the submission of a Code of Fair Competition before Sep- 
tember 1, 1933, his determination of what are 'equitable readjustments* 
should be accepted, at least prior to September 1, as a prima facie com- 
pliajice with his agreement, pending a,ction by KEA upon the Code sub- 
mitted, or any other action by NEA taJken to insure proper interpre- 
tations or applications of Agreements, This will afford URA an oppor^ 
tunity to survey the general results of the Eeemployraent Program and to 
iron out difficulties and misunderstandings over Agreements that are of 
a substantial character. " 

Inter-pretation 20 (supplementing Interpretation l). 

" Paragraph 7 prevents the r^uction- of compensation in excess of the 
minimum, whether it is paid by the hour, day, v/eek or month. 



9303 



-331- - 

" Therefore, axi employee previously paid ty the day, week or month irill 
receive e:s much for the shorter day, week or month. 

" iln e.nployne previously paid hy the hour vdll receive as much per 
hour, hut as shortening his hours will reduce his actual earnings 
per dry or week his compensation per hour is to "be increased hy an 
equite.hle readjustment. , 

" There is no fixed rule which cpji be applied to determine what is ■ 
an equitahle readjustment. In general, it will he equitahle to ^ • 
figure wliat the employee would have earned at his previous rate per 
hour in a normal week in the industry, and. then to increase the 
hourly rate so as to give him sub staiiti ally the same compensation 
as he would have gotten for that normal week. But consideration 
must "be given to other factors, ind'ading: Is the existing rate 
high or low compared \'ith the average rate paid in the industry? 
Will the resulting adjustment result in an unfair competitive ad- 
vantage to other employers or other trades or industries? ¥ill a 
long-st-anding wage differential "be lost if there is no increase in 
the existing r^,te?'^ 

After these interpretations, the stage we,s set for a great variety 
of provisions. In issuing the interpretations, the Administration 
approved an "equita'ble adjustment" which would not maintain weekly 
eoxnings for \70rkers who had "been employed long hours "before the 
PRA. 

II. CLASSIFICATION OP CODE FROVISIOHS 

The provisions which actually appeared in the codes may "be 
classified into five na.jor and twelve minor groups as follows: (*) 



( * ) This follows the classif ica.tion developed hy Leon C. liarshall. 
See "Hours and Wages Provisions in IIRA Codes", the Brookings 
Institution, 1935, for classification of the first 517 codes 
and ^fThe ll-^tional Recovery Admini strait ion: An Analysis and 
Appra,isal", "The Brookings Institution, 1935, Chapter XIII. It 
is to he ss.id tliat a considerable ntanher of codes are here 
classified in a different group, in 'some cases because of 
amendments to codes, in some cases because of re- interpretation 
of the existing provisions. 



5803 



-332- 



Classification 



Employees covered 
by. -these codes . 
Codes (thousands) 

Numher Percent Htunlier per cent 



Total 578 
. 1. T7?<5e schedule or basing point 54 

. ^I-"-.intaln weekly earning s 161 

2. Plus other significant provisions 

3. Ho other provision 

4. Onl3^ partly maintain ea.rnings 



100.0 22,554 



!.3 6,ocr. 



27.9 



),621 



100.0 



26.8 



42.6 



; 32 


5.6 


1,362 


6.0 


74 


12.8 


5,242 


23.2 


55 


9.5 


3,017 


13.4 



C.5. Laintadn Differentials . 

D.E g'oita'ble adjustments ^ 

6. Equitable differentials 

7. Equitable adjustment PRA 



54 



216 



9. 



Eq"U-itable adjustment, no reduction 

in hourly rates 
Equitable adjustmnet alone 



E .Ho -Qositive requirement for change 

10. Policy ste.tement 

11. P.eport only 

12. No clause at all 



9.3 1,595 
37.4 3,105 



7.1 



13.8 



27 


4.7 


528 


2.3 


12 


2.1 


65 


.3 


.on 








134 


23.2 


1,079 


4.8 


43 


7.4 


1,433 


6.4 


93 


16.1 


2,225 


9.9 


69 


11.9 


1,252 


5.6 


11 


1.9 


517 


2.3 


13 


2.3 


456 


2.0 



It should be entirely clear that this classification in twelve 
groups is a considerable simplification of the code provisions; these 
follov7ed perhaps 60 to 100 different patterns shading off from one to 
axLOther, However, the classification serves to bring the discussion 
within certain reasonable limits. Table 83 shows the distribution of 
codes in these categories by industry groups; Table 84 shows the 
percentage distribution of employees covered by these codes (each cate~ 
gory and each industry group being taken as 100 percent); and the dis- 
cussion beloF gives examples of code provisions under each classification 
and cites the major codes in eech classification. 

Codes covering almost .one-quarter of the workers had little effect 
upon wc.ges in the higher brackest. These included the codes with the 
variety of equitable adjustments (covering 13.8 per cent of the employees) 
and those with no positive provision covering .9.9 per cent of the employees. 



9803 



333 



•epos t^T'io^T'Usi 

8Sp8J} tVl^H 

eepej^ 9t«S8tOT0ii 

ssp^J) eoTAJSs 





p. 

§ 


sonsat^ 




t. s 

III 
1 


»8 'noT^BtioaBHoajj 

OOT^OTU^SUOO 




•H 






^' 


a^iB otqdeao 




09 

g 

CD 


jnj pre j»niB8a 




O 


•[ej«iiife-''31'jvcei 




•0 


OTJqBj-sexT^xaj, 




1 


pooi 






ITOmdixAa 






00 


■H 

<s 

O 


jsqqTiH 


to 


o 

■a 
o 


•0^8 'siHOinraqO 



+3 

o 
ft' 






oTTt^^aiD^noji 



r~ 


«y 


IT 


^ 


iH 


s 


^ 


1 


CT 
^ 




K\ 


r- 


ir\ 


J- 


rH 


u^ 


1 


ir 




KN 


K 


S 


CJ 


CM 


■jj 


J- 


CM 


8J 


CU 


VD 


r-4 


C\J 


K 


F 


C\J 


IT 


s 


•H 




^ 


J- 


CVI 




CM 


to 


it 


1 


r' 


ftk 


1 


' 




1 


to 




• 


(- 


in 


CVJ 


- 


SJ!> 


r-t 


!*■ 


CU 


1 


' 




^ 


H 

H 



I ^ '.O I CM 

I l^jt I CM 



I irt I I 



rH r-* I 1 



t«^ ir»BO ON w 



I i-i r^ r*- 



I f-i I I 



f-1 U3 rH CU IT 



>-< I 1 I CU 



I CVI •"< r< 



III ^ r- 






II II 

iH r-l II 

It H r-l W 

II eg I I 

II II 

II II I 

r-t I ^1 CU 

1-1 I CU fH CU 

II II I 



t^eu 


f?*^ 


s 




CU 


1 1 


Jt iH 


H 


I 


M 


(H iH 


St fl 


H 


fH 


1 


un I 


1^ t 


\o 


in 


iH 



CVJ I ^ fl H 



s 



K t I I 



ail o I 



10 1 CU ^ CU 



rH I I <-< I 

irvj*- nj vD 

rH 

iH I ir» *H 



r— CU 



-* t^ 



I I I 

I I I 

CU I I 

I ) 



vi>v£i CT\ rt 



CO.* I ^ 



I I f 

«0 rH .H 
■H I I 



bO 



C 
<0 

s 

-p 
o 



9.S03 



J3 





Pi 51 

(H ^ 



-a 

o 



3 



■a 



s 


S § §1 


■a 

43 


-ri ) -- 

<S « S V 


•> 


h 


•HO) O fe 






o 


a <B 




4^ ^ 43 43 -> 


a *> 








fi ta to « a a 


V a 


CQ 


fl) 


S 4a d «} d 

a -H ••> -^ 4» -^ 


u « 


o 


•H 


ll >.3 




■o 


s » 


0) aJ iH ---1 


d) 




■Ci a iH rH rH fH 


rt 4J fj (0 


^ 


a 


B O «-( 


s 


g ■3'='Ta s 


■3 


"•a-s -as-a 






■♦> h 4> rH 


*» 


4> 43 4> ^ O •»» 


« 


DO c 0) a «* 





rH d -rt ^ ^ ^ 


4> •^ O Pi 


^ 


•3 -3 5 -3 S 




*» :3 H M -3 ^ 


-rt ^ ft 

• o © o 


^ 


tf a o a (n 


s 


g^A. rt » 


• 

t-l 


5- « • • 


• 


o^ • • • • 


o • • • 
m O rH CVJ 



334 



eepoo f^o 



r— »-< 
J* 



:t ff\rt IT. 



ir,o 

BO t-t 
U-iO 

ao-[)esJ39H coo 
j» o 

CU O 



nonoTu^Buoo ^g 

CJ 
r— O 

<riO 

CJ o 
,j_ C\i o 

XO jBoay - • 

OM-* 

BOiaqBi -Sg 

r-t 

^D O 
pooi ^g 



s 4. 



O K' 






I 



CU 



O f-1 vo 



r-o CM jt 



60 o 
J«dBd ^8 

r-< O 

8tTOia»no wg 

ino 



' Fl 



ITOJ 



in P^ 



V£) O C\J U 



3 oiXT**9in-ooH ^g 



lr.r-( 



PI^OJ, JfS, 



tno 



CO CO 






\ tC\ t If 



■ ■^'». 






I KN I I 



r-OJ*^ 



KMM l»- 1-1 

r-cr\0 ir> 



- iH ir» iTi 



w I I r- 






a 



'-.n 









■.■^i 



CM f»- 



C\J V£) K\ OJ 



CO CU ic\tr\ M) 






(H r<^Ks (\i 



»H (H r*^ tr f^-^tu 



-S R 



(r\ 60 






to ir^r*~i 
f«- ^ o w 






n. cy I 1 



VJ3 i^O 
tr*cu ftj 



s 



a- ONi-J w Jt jt 
O «H h-r— 






8 " 






;:5 S 



I*- ON C\J fH K\ 



ITi CU 

(6 



0J;3- O CVI pH to 
CM J- H h-i 



"a 



T , -5 



■^ 



o o c o o o 

8 8 S8 8S 






■=»■» 1 ' ' 



•^ 60 v£ r^ O" 

ir\KNKN KN 



O Kv* r- IT ;* «^ o% rt 



• ."a:^ 



1 • I I 



it i-i t~~^ Jt vD3-^i)KNi 



rH t*~i I 'J* P- <T^W 



KN J- 



8 8 



rVi O 60 60 v£ 

cy cv-^ J* 

•JJ Jt rH ON 

tOPJ O IfN 



J* o 

I (H CU pH 



I I I I I 



tu r— o 

W OJ 



r— cy J- IT 



till I 



f (u cy 



ph'^ 



KN ITN 

CM I pH I >^ 



iTN H- pH cy r*-i»^ IT .a-j* KN 



'S3 



rw cy 






tfNpH o ty pH 
ONrH rp\r*-i 



~.-^ 



o o o o 

8888 _ 

r-l pH pH H pH 

iH ONH in 

aONKl 
r-KN 
ir\ o J- 



60 kA LTN 



^■^~. 



88 



o o o 

88 

p^ pH rH 

0^ O IT* 
pH r-~ir\ 



3 u 



I ^ 

^ no 

a ■> K 

"^ "? >. rt 

** O l-H ^ 

^ p,^ ♦» 

d V d 

t' » -g 

o q 

O +» -H 

o d e^ 

ta -f ^ 



e -4 4> 



a « a 



-.- - s 
|232 S 

p & 3 o a 

a rH O rH 

a> o Id Tj a 



9803 



rH rH » ■« "^ ** ■£ 

SB S d -H 'd o 



-3-3 



• I • • • • 

IT* Hv» h-eo ON 



■a 

3 o 

u a 

Ui 

^ tf rf - 

*» a m 
o m o iH 

s t?i: £ 

•H ■*< O Pi 



; •> o 



^ I 



'J- 
-J 

c 

i 



3 3 

sin 



I 



■rj p. O ** 

d ^ d 

o -a -H 

o a 



1 



3 

d 

•i 

■ *• rH *» 

1 A a *» a 
3 cy K\a- ifN 



3 

« p. c 

d 3 d 

o • o b • 

d &« o a 

d ph o H 

• d tf T) tf 

r-l 4> «» a ■*• 



*uj r-Bo <r\ » o <H w 



1 

d h 
• o 

9. 

M d 

11 






-335- 

III. CODES WITH WAGE SCHEDULES OR BASING FOllITS 

Class 1 . Wafle Schedules or Basing fpints . includes the codes 
in which there \"fas either (a) a more or less comprehensive wage schedule 
or (b) one or more "basing Jjoints for wages of semi-skilled or skilled 
workers. Usually the Class 1 codes included some other provision which, 
if it had stood alone, would have caused the code to be classified in 
one of the other groups of provisions treated below. Table 85, giving 
the wage schedules of the Coat and Suit Code, is an example of a very 
comprehensive schedule for wages in the higher brackets. 

Several early codes were Class 1 codes: Codes No. 5, Coat a.nd Suit, 
No. 7, Corset , and Brassiere, No.- 8, iegitimate Dr.ama, No. 15, Men's 
Clothing, 'and No. 16, Hosiery. Altogether 54 codes covering one-quarter 
of the employees under codes are listed as Class 1 codes. This large 
coverage is due to the presence of 11 major codes and particularly of the 
largest code of all, Construction. The unique provisions in that code 
are quoted belov/: 

"In each division or subdivision of the industry, as 
defined in the chapter incorporated in this Code relating 
thereto, truly representative associations or groups of 
employer? and employees respectively concerned, after 
proper notice and hearing and as a result of bona fide 
collective bargaining, may establish by mutual agreement 
(when approved by the President as provided in Section 7(b) 
of the Act) , for a specifically defined region or locality 
the standards of hours of labor, rates of pay, and such 
other conditions of emplojinent , relating to occupations 
or tj'pes of operations in such division or subdivision, as 
may be necessajry to effectuate the policy of Title I of the 
Act. For the purposes of this Section, the entire United 
States may be defined as a region. The terms of such an 
agreement between the employers and employees of a division 
or subdivision of the industry shall not be binding upon the 
employers and employees of any other division or s\ibdivision 
of the industry. 

"After the President has approved any such agreement, 
arrived at within any such division or subdivision, and 
after proper notice of such approval, it shall be deemed; 
prima facie unfair competition for any employer in siich 
division, or subdivision to fail to comply with the stand- 
ajrds of majximum hours of labor, minimum rates of pay, or 
other conditions of employment so approved and prescribed 
by the President, in respect of the performance within 
the defined region or locality of the types of operations 
concerned; and the failure of such an employer to desist ^ 
from such unfa^ir competition after being given due notice 
and opportunity to be he,ard, shall constitute a violation 
of the requirements of this Code." 



9803 



-36- 



in 

CO 



•H 



-P ' 

> 

O 

(D 

o 
w 

0) 

a 

Xr-. 
o 

0) 
H 

I 






*^^ 


aj 


ctil 


Q) 


(1) 


'' 


iri 


u 


o 


pi 


I J 


o 




^ 


-p 




• H 


LT 


?:! 


r^ 


W 






H 


inl 


r-l 




^ 



-p 

O (D 
O il 



r^l 



o 
o 



■ta- 



o, 
o • 






•o 
o 



1-^ 



O 
O 



C\J 



o 

-p 

o. 
o 

••' '' 

CM 
'CM 



O 
O 



O 



O 



CM 



o 
o 

• 
-69- 



O 
O 



o 



o 
o 






o 
o 



CM 



o 

o 






O 
O 








xn 




















U 


tn 












Ifl 




u 


0) 


^ 




U3 








-p 




CD 


-p 


0) 




!h 








m 




■P 


-p 


H 




0) 








•H 




4J 


pi 


H 




-P 








i4 




?i 


o 


Pi 


w 


-P 








CO 




c 






U 


H 














'd 


tj 


0) 


o 


w 






fi 




-p 


Q> 


rt 


■p 




U 






o 




•H 


iH 


•H 


-p 


0) 


(U 










pi 


H 


S 


pi 


O 


1— H 


m 


, 


(/) 


Pi 


(/I 


■H 


•H 


o 


•H 


rj 


fn 




^ 


(D 




^ 


H 




•P 


P 


(D 


en 


(D 


(3 


c« 


to 




t/1 


rt 


Q) 


c 


• ;h 


'd 


rH 




I 


r-* 


cd 


(D 


H 


•H 


(U 


nJ 


0) 


-P 


•H 


+3 


> 


U 


Pj 


p 


Ph 


^H 


/J 


n3 


S 


O 


rt 


Ph 


§ 


cd 


c3 


M 


CO 


o 


0) 


H 


cti 


P' 


M 


!h 


<y 


r^ 


o 


C/D 


O 


o 


■^ 


to 


M 


o 


Pi 



CM 



I 




m 


o 




CD 


CM 




CD 

1= 


• 






Pi 




U 


Ph 




g 


M 




tp 


1— 1 






n 




'd 


t-H 




fH 


^ 




•H 
-P 


Q) 




CD 


rH 




-p 


O 






> 




U 
o 


«» 




tp 


ri 






o- 


• 


m 


•H 


>= 


CM 


-P 


-p 


-w- 


•H 


•H 




-P 


o 


n 


0) 




D3 


Pi 


^ 


^ 


C 


u 


CD 


o 


o 


CD 


o 


>H 


f: 


!h 


r- 


U 


• H 


b 


pi 


ni 


^ 


o 


pq 


<D 


cp 


Vi 


nd 


-d 


o 


■rH 


S 




m 


o 


xn 


-p 


o 


(U 


pi 


CD 


^o 


o 


00 


O 






o 


cd 


CD 




CD 


^ 




in 


+:> 


• 


< 


U 


r^ 


fi 


O 


O"^ 


u 


<^-\ 


H 


a> 






-p 


t^ 


•« 


CO 


CM 


en 


c^ 


■m- 


iH 


W 




;-( 


rt 


Ui 


0) 


•H 


X 


^ 




CD 


o 


CO 


0} 


+3 


m 


E^ 


o 


CD 




o 


H 


pi 


'd 


-p 


o 


o 


rt 


^ 


nd 


CD 




« 


O 


M 


CD 


!-i 


o 


I— ; 


<D 


V) 


<S, 


Ph 


CM 


m 


O 


CO 


< 


H 


-C/3- 



^ 



o 

to 



9803 



-37- 



CD 

u 
u 

(D 

a 

l3 




0} 



U 
O 

W 



m 



(D 
?-t 

fn 

0) 
-P 

CO 



<D ;d 
> O 



Hi 



<j tn H 



!>5 
H 

TIJ O 
(D "^ 

+^ Q 
!-i .1-1 



O >! 
CO o 



O 

Q) 
•H 



W fl4 



tn 

CD ElO 

c3 iH •|^ 

fH ^H P! 

CD ;=i fw 

> O cti 

-a) K P-q 



H 

rd O 

(D K 
CD 

+^ G 
cS 

^^ 

g 



•H 
•H 



a 

o ^ 

tn o 

s 

CD 

d O 

^^ CD 

nS -H 



o 

•H 
-P 

§' 

o 
o 



LOtO O 
O^bO C3^ 



I I I I I- I 



to 



» 

^ o o 

to r— r-— 

1- •• • • I 



t rO! 



<B- 



VJD 
OJ 



H 



J. «. . . t 



Q 



I i ! I 



■;si 






t t t I I 



* 

O r^ r^ ro 

I .. I. o. . . 1 I ^ 



<a- 



Li■^ LO UTv h- LC^ 

to h— to I — UD 
••I ■• I- t. • • I 



ir> 



I I- I 



I I I : .^1 



O O O LfMT^ 

•• f ' •• •• • ■• t ' 

iH iH iH iH rH 

-€3- 



(\l C\J to (AJ O to I — 

H H H H iH 



O O 

C3^ to 
► I • I I 



t I I I I 



LOI^ O O 

to UD WD V3 

I- . «. t- • • t 



o o o o o 
o a^a^o en 

H H 



o u:^ O 

• •• t • I I I I 



I I 









w 


m 






























u 


U 


tn 














tn 














<u 


CD 


u 














fH 






tn 


^ — ^ 






to 


tn 


CD 












tn 


<D 






fH 


'd 






M 


tn 


tn 












^H 


r. 






CD- 


Vi CD 






CD 


CD 


tn 












CD 


CD 






^ 


^H H 






U 


^1 


(D 












Ph 


w 






m 


O rH 






Ph 


Ph 


in 












r^ 


C 






•H 


-P -H 










Pi 












CD 


o 






s 


CS ^ 






fn 


fH 














^ 


+^ 






■H 


U W 






CD 


CD 


+2 














-p 






ch 


CD fl 






Pi 


rd 


fn 












•. 


^ 








pHt> 






S^ 


fi 


c\5 










tn 


tn 






»« 


O ^^ 






P 


f^ 


Ph 










CD 


CD 


-p 






tn 

fn 


Ul w 






m 


to 


tn 










^ 


^ 


^ 






CD 


07 m 






m 


tn 


tn 










tn 


tn 


•H 






tn 


(D CD 






CD 


CD 


CD 










•H 


•H 


k.f 






tn 


fH ^ 






U 


U 


U 










S 


f! 


CO 






CD 


r-d rd 






Ti 


rd 


■d 










•H 


•H 


eg 






fH 

Ph 


c3 cS 






c8 


c^ 


-cS 










-P 


fH 


^) 






M 


fH U 






fn 


u 


^ 


tn 


tn 






CS 


CD 


CD 






tn 


CD CD 






CD 


o 


CD 


u 


^H 






o 


Vl 


«H 






U 


Cm ch 






tH 


tH 


Ch 


CD 


CD 






o 


CD 


CD 






o 


CD CD 









CD 


CD 


tn 


tn 











CD 






+3 


CD (U 






CD 


CD 


CD 


tn 


tn 




tn 


^ 


5h 


fH 






Cu 


fH U 


CO 




fH 


J-l 


U 


CD 


CD 




fH 










tn 


fH 




^1 










U 


U 


m 


CD 


-p 


cS 


c3 




fH 





•t Vk 


o 


Ol 


•« 


wt 


»* 


Pi 


Pi 


u 


to 


CD 






tn 


CD 


Pi 


-p -p 


-p 


^H 


■p 


+J 


-P 






CD 


tn 


r^ 


HJ 


HJ 


fH 


^ 


b 


Ci Cfl 


nJ 


o 


Cu 


r3 


Cli 


!h 


U 


S 


CD 


^ 


n3 


c3 


CD 


tn 




o o 


u 


r-^ 


O 


o 


o 


0) 


CD 


o 


^1 


cC 


o 


o 


+3 


•H 


CD 


o o 


CD 


•H 


CJ 


o 


o 


Ph 


f-d 


u 


Ph 


•o 


o 


o 


tn 


S 


O 




P-l 


cd 








8i 


P! 


•H 










Cii 


•H 


•H 


»( M 


O 


-P 


«« 


«» 


9t 


^ 


pi 




0) 


•t 


*» 


i^ 


^ 


Vi 


+2 


-p -p 






-P 


•p 


■p 






^0 


rt 


u 


■p' 


HJ 






rt 


CD CD 


4= 


CD 


CD 


CD 


CD 


-P 


+= 


fH 


•H 


CD 


CD 


CD 


-p 


H-> 


CD 


^ I.J 


fH 


O 


kJ 


! ^ 


yj 


fH 


^1 


•H 


^ 


tH 


U 


k^ 


fH 


fH 


fH 


O O 


•H 


CD 


"o 


"o 


O 


•H 


•H 


fl 


o 


CD 


"o 


13 


•H 


•H 


9-1 


c3 ci 


M 


•H 


cd 


c3 


(3 


,id 


^••^ 


■H 


^ 


CD 


cC. 


cs 


,y 


kJ 


P 


t-D 1-3 W 


FM 


^-i 


•-0 


•-3 


w 


m 


l-q 


3 


Ph 


•-a 


t-D 


w 


K 


■^ 







■d 






S 






CS 






Cfl 






CD 






!h 






c3 






d 






fH 






CD 






-P 






tn 






CD 






J2 , 






CD 






^ 






HJ 






S 


. 


• 


•H • . 




!>, 






HJ 


-^ 




•H 


r- 




o 


^ 




k-l 


^d 




'u 


f! 




o 


cS 




>H 


cS 




t 


CD 




CD 


^1 




s 


n5 




CD 


ri 




^d 


fH 




•H 


0) 




tn 


+5 




■ += 


. tn • 




pi 


■ d tn 




5 


^^ 


• 


d 


CD CD 




CD 


,i^ 1= 




fn 


+= 




•=^ 






rt 


•H 




fn 


tH 




(D 


-^ O 




4^ 


o 




10 


<^ -d 




CS 


o 




W 


HJ -H 

03 fn 




p! 


CD 




•H 


fi P^ 




tn 


•H H 




!h 


-p n3 




CD 


fn -P 




fH 


tC O 


• 


pi 


+3 4^ 


tn 


+3 


en 


U 


O 


cd 


CD 


c5 


#k 


M 


fin 


■d fH 


Vi 


pi 


CD O 


•H 




tzi «H 


s 


c\5 


•rH 


•H 


s 


> tn 


tn 




o 44 




fn 


fH CD 


CO 


O 


Pi a> 


tn 


Cu 


E2 


CD 




CD 


fn. 


tn 


fH U 


■d 


CI 


CD, pj 




(D 


F- . o 


CD 


iH 


Ch 


'd 




tn 


pi 


HJ 


CD !>s 


H 


a 


HJ fH 


O 


CD 


cd CD 


S 


O 


fH > 


.H 


fn 


. CD 




CD 


CD 


tn 


Ph 


> ^ 


CD 




•H a 


4^ 


O 


tn .H 


cd 


H 


tn tn 


fn 




CD -cd 







fn CD 


CD 


H 


tlO fH 


tn 


cd 


o o 


CD 


o 


u ^ 


A 


xn 


p^ -H 


EH 




O 


* 


>l 





9803 



-338- 

Ihe siiirii3p.r7 "below of the provisions of the mrjor codes in Class 1 

is illustrrtive of the provisions in this group: 

Employees 

244. Construction . (Frovided for local collective hargaining ( thousand s) 
on schedules; also that miniTnum wage provisions should 
not be construed to authorize reductions in existin;^' 
rate of pay.) 2,400 

278. Truckin g. (Basing point for drivers and skilled labor; 
also weekly earnings to "be maintained if hours were cut 
less than 15 per cent; no reduction over 25 per cent if 
hours vrere cut 50 per cent or more.) 1,200 

24. Bituminous Coal . (Basing point for inside skilled labor 

with "understanding that other classifications of employ- 
ment will maintain their customary differentials"). 469 



10. Fetroleum'-Production Division . (Basing points for drillers 
and helpers added March 20, 1934. Original code pro- 
vision was equitable adjustment; regional committees to 
recommend equitable minimum rates for skilled occupations 
in derrick. and, rig, building operations.) 



292 



124. Motion Picture. (Wage schedules excepting in the distri- 
buting division v/hich had no provision for wages in the 
higher brackets. Union agreements if higher thaji code 
minimn to govern in production division; rates above 
minimum to -be maintained for 'cKorus persons) . 

287. G-raphic Arts. (See Table 56 for different provisions in 



118, 



different divisions of, t"he, industry.. Elaborate pro- 
visions that wage rates in each establishment were to 
average -90 per cent of the prevailing rates in the area, 
and. the minimum wage for each classification was to be 
not less than 90' per cent of the 1929 rate and 110 per 
cent, of the 1933 rates) 

Cotton G-arment.(* ) (Basing point for cutters c^id operators 
in sheep lined garments and operators on men'^ and boy s 
wash- clqthing; a.lso after an amendment reducing hours to 
36, the same pay for 36 hours as for 40.) 



279 



232 



200 



15. 



^en's Clothing. (Basing point for cutters and ;off- 
pressers; also differentials to be maintained in 
wages above the minimum up to $30 per week) . j 



150 



16. Hosiery. (Complete schedule of rates above the minimum; 
no "adjustment" clauae) . 

288. Hewspaper Publishing; . (Wa!5:e schedules; also differentials 
to be maintained) . 



130 



106 



(*) It is probable that a large number of employees in this industry 
worked at the minimum wage. HoY\7ev-er, the basing points cited are import- 
ant becaiise of the overlapping iof these occupations in this and other 
industries, such as Men's Clothing. 



9803 



-339- 
43 codes ha,vii-n=- less than 50,000 employees each, 452 

As shown in Ta,hlc 83, the 54 class 1 Codes vrerc scattered in 15 
ind-ustrial groups, the only large n-umbcr "being 21 codes in Textile Apparel. 
Three- c[-uarters of the employees of th-.t groiip were covered "by class 1 codes. 
As Tahle 84 shows, only six industry gronps contri"buted any significant 
number of enrployecs to the class 1 codes: Construction, 40,8 percent; 
Transport^.tion, 20.1 percent; A^varel and Fuel,, each with 12,7 percent; 
Graphic Arts, 5,9 percent; and Recreation, 5,0 percent. 

These class 1 provisions were the most enduring of all provisions for 
wages in the higher brackets. Wlien a code provided tli3,t cutters ?rere 1 6 "be 
paid $1,00 iDcr hour or, coal miners, 68.9yJ to 51,4c (depending on the district) 
or photo-ongrnvers, $1.0Q,- there ?rere firm steps in the wage structure, vfhich 
lasted as. long as the codes lasted. On the other hand provisions for differ- 
entia^ls ~r 'veekly earnings tliat were :-o "be maintained when hours vrere re- 
duced lost their effectiveness after the temporary emergency had j^assed, 

3y no means all the class 1 provisions estahlished high 'rates. For' 
exajnple, the "basing point m Saddlery was 5Z(i/52:r(f: for shil^ad meclianics, 
(*) The "basing point in Pretzels was 40(# for machine operators and oven 
men compared with a minimnm ra.te of 33-'j<p for males and 30^ for females. 
The wages a,hove the minimimi (l5r^) in Rav; Peanut Hilling v/ere only 22,27, 
and 35c;' per hour. 

These class 1 codes i^rovided tighter control than the avera,ge, how- 
ever, when consideration is given to the additional iDrovisions Y/hich they 
included. Thus 18 codes provided ( in addition to 3- vragc schedule or 
basing point) tlirt v;eekly earnings should "be maintained. Eight provided 
that weekly earnings should ""oe maintained if hours virere cul no more than 
10 to 20 percent. Six codes provided that different ia.ls should he main- 
tained; two 01 these v/ere "eqtiitahle differentials,". Seven provided for an 
"equitable ad .]us tment , " Pour had a "policy statement" e,nd eight had some 
other provision related back to an earlier date, or "labor agreements to 
hold" 'or, as in the Burlesque Code, rules for furnishing players contnmes 
and tr.ansportation and for notice of discliarge, etc. Only three class 1 
codes hed no adjustment clp^use in a.ddition to the sage schedule, (**) 



(*) This was expressed , as a "differential" in fa,vor oi sl'illed labor of 
not less than 15^ per hour in the origins-1 code, increased to 20(;5 " 
per hour in Amendment 1, May 18, 1934. Codes of Pair Comoetition, 
Vol. X, p. 125. ■. . " 

(**) See Lawson, reference cited, for further analysis of class 1 codes. 



9803 



-340- 

IV. CCDBS 'A'lTH ai;:FH.^.SIS PIT i .AlJTaTjMICS 0? ?G3i;ER EAPJ^rC-S. 

Classes 2.3 rnd 4 looked toward the rao.intenraice . wholly or in part, 
of former weekly earnings notwithstanding the reduction in hours required 
b2" the code. Class 2 provided for maintaining weekly earnings .and some 
other significant clause; cl: ss 3 codes merely provided for maintaining 
weekly earnings, and class 4 codes, for maintaining them' in part. Theso 
class 4 clauses usually were s'tated in terras of the maintenaiice of weekly 
earnings if hours were cut by no more th.an 15 or 15 2/3 or 20 per cent. 

Class 2. luaintain Weekly Earnings and Other Provisions . As has 
"been clear from the discussion of precedents, the first code and the ?3A 
emphasized the maintenance 'of former earnings. The 'Cotton Textile pro- 
vision is class 2 because it provided also for maintaining differentials 
above the minimum. Other major code provisions in this group were: 

10. Petroleum; Filling Station division, "jo employee shall receive a 
smaller veekly wage for the shorter work week than was his vvreekly 
wage on July 20, 1933. There shall be aai equitable adjustment 
of the differentials between the rates for skilled jobs and minima 
established in this code for common labor as determined by the 
regional com'iittees from time to time in each area subject to 
the revision and approval of the planning and coordination 
committee, rmd subject to final determination of the President." 

23. Underwear ajid Allied Products J.ianufacturing Industry. "The amount 
of difference existing prior to the effective date between the 
wage rates paid various classes of employees receiving more than 
the established minimum wage shall not be decreased; and in no 
event shall any employer pay any employee a wage rate vrhich vdll 
yield a less wage for a work week of 40 hours than such employee 
would have received for the same class of work" for the longer 
week of 48 hours or more prevailing prior to the effective date. 
It shall be a function of the Industry Committee to observe the 
operation of these provisions and recommend to the Administrator 
such further provisions as experience may indicate to be appro- 
priate to effectuate their purposes." 

L.F. 15. Alcoholic Beverage TiTQiolesale Industry. "ITnenever the adoption 
of the minimum rates of their Code results in lessening the differ- 
ential between unskilled labor and skilled occupations, wages 
above the minimum shall be equitably adjusted so" as tb maintain 
fair differentials, and, provided, however, that a report by the 
Code Authority be made within 60 days to the Administrator, 
setting forth a schedule of rate adjustment. In no case shall 
full time weekly wages be reduced as a result of the adoption of 
this Code. 

L.P. 18. The vrnolesale Fresh Pniit aa id "Ve^-etable Distributive Industry. 
Same as above, except: "A report shall be made to the Adminis- 
trator by the Code Authority within 90 days after the effective 
date of this Code analyzing the adjustment of wages above the 
minimum, reporting the number of employees in the industry and 
the length of their service." 



9803 



-341- 

The class 2 codes covered 6.0 per cent of the workers luider codes 
tut 47.3 per cent of the workers in Textile Frxbrics and 37.3 per cent of 
those in the Fuel codes. 

Class 3, simply maintain weekly earnings. Clpss 3 codes were simi- 
lar to class 2 codes "but lacked their significant supplementary safeguards. 
Some class 3 provisions, however, included a provision for equitahle 
adjustment or for a report. Tiie first provision of this class was the 
PRA provision quoted in Section I; the first such code provision was that 
of code" No. 3 for the Wool Textile Industry: 

"As to wages of employees now receiving not less than 
the minimum wags estahlished hy this. code, no employer shall, 
on or after the effectiye-.date,,. ,p^y. any. such; employee a wage 
rate which will yield a less wags for ..a wbtk 'week of 40 hours 
than such employee was receiving .for. the' same class of work 
for the established longer week of 48' hours or more prevailing 
prior to the eff ectivedate*";- 

Other cla^ss 3 provisioji^s from major code.s are listed "below: 

60. Retail Trade. "The weekly wages of. all classes of employees 
receiving more than the minimum. wages prescrihed in this 
Article shall not he reduced from the. rates existing upon 
July 15, 1933, notwithstanding any reduction in the number 
of working hours of such employees." (*) 

330. Scrap Iron. The PPA. provision in "sha.ll not" form. 

21. Leather Industry. "No employee earning less than $30 per week 
shall receive less for 40 hours work than he was receiving as 
of April 1, 1933, for the established work week at that time." 

145. Pigrnit-gre Manufacturing Industry. "Fo employee shall he paid a 
wage rate which will yield a less wage, for a 'week of forty hours 
than employees were receiving for the" same ..class of work for the 
normal working week of 48 hours or over im.'nediately preceding 
June 16, 1933." 

598. Barber Sh op. "IIo member of the Trade,, by reason of the adoption 
of this Code, shall reduce .any,- employee!.' s total weekly wage or 
that wage actually received on June 16, 1933, whichever shall 
be the greater, wjhether .based on an. hourly rate or a weekly 
wage, notwithstanding rthe fact that the hour's^ of work of such 
employee may be reduced." ■ 

474. I-IeedleTfork Industry in Puerto Rico . "Wd employee shall receive a 
■ lesser rate of pay than, is required to provide the same weekly 
earnings as were received, for that class of work for the four 
weeks ending April 30 , 1934.. .. All piece rates for employees en- 
gaged in any factory shall be increased at least proportionately 

(*) This wording with slight modifications was' followed in the Retail 
Pood and Grocery, Wholesale Food and Grocery, Retail Meat, and Hotel codes. 

9803 



-342- 

for the decrease in lioiirs worked, to provide not less thpn 
the same weekly earnings for employees engaged, on a piece 
work tasis under the maximiam hours herein established as 
were received for that class of work for the longer week 
prevailing for the four weeks ending April 30, 1934." 

It will he observed that the Barber Shop code, approved April 19, 
1934 and the Retail Moat code approved December 21, 1934, provided for 
five other major codes - G-rain Exchanges, Bankers, Retail L-umber, Build- 
ers' Supplies and Motor Vehicle Retailing - had similar provisions. 

The class 3 codes covered 23.2 per cent of the employees under 
codes. Two-thirds of these were in 14 Retail codes. All the Finance 
codes were in this group, and Territorial codes covering 96.8 per cent 
of the employees in the Territorial codes, as is shown in Table 84. 

Class 4, Partly maintain earnings. The first code which incorpor- 
ated the partially-maintain-wages idea of the PRA interpretations was 
Code 2 for the Shipbuilding and Ship Repairing Industry: 

"Tlie amount of differences existing prior to July 1, 1933, 
between the wage rates paid various classes of employees receiving 
more than the established minimum wage shall not be decreased. 
In no event shall any employer pay an employee a wage rate which 
will yield a less wage for a work v/eek of 36 hours than such em- 
ployee was receiving for the same class of work for a 40 hoxir 
week prior to July 1, 1933." 

This provision vould, of course, fail to maintain weekly earnings for 
employees working more than 40 hours before the code. 

Another early provision of this sort was in Code 14, for the 
Rayon and S^nithetic Yarn Industry, approved August 26, 1933, It vdll be 
observed that at this early date this code spoke of adjustments of wages 
as a "fait accompli." 

"Inasmuch as some raanufact-urers of this industry have 
already made some adjustments in hours and wages, and have 
recently raised rates of pay, and inasmuch as this code now 
proposed to establish a uniform practice of 40 hours maximum 
employment for employees , no employee - except those exempted 
above - shall, after the effective date, receive for the said 
40-hour period of work less compensation than was received or 
would have been received by said employee for 48 hours of laborV 
as of May 1, 1933." 

Such a provision probably maintained earnings for all workers in soma 
establishments normally working no more than 48 hours and for some wor- 
kers in other establishments. . The workers most likely to be adversely 
affected by such a provision y^ere those such as watchmen working abnorm- 
ally long hours before the code. 



9803 



-343- 

Some of these class 4 provisions were in terms of maintenance of 
weekly earnings if hours were cut a certain percentage. Prom the major 
codes we quote the following: 

147. Motor Vehicle Storage and Parking Trade. - "No employee whose 

normal full-time weekly hours for the four weeks ending July 1,- 
1933, are reduced "by less than 20 per cent shall have his 
or her full-time weekly earnings reduced.^ l^o employee whose 
full-time "'°'=^kly hours are reduced "by 20 per cent or more shall have 
his or her sadd earnings reduced hy more than 10 per cent."(*) 

Three other major codes varied the provisions: 

573. Infants' and Children's Clothing . (VJeekly earnings to he main- 
tained if hours were reduced 20 per cent or less; other employees, 
to have wage increa,se of 25 percent. 

445. Baking . (Weekly earnings to he maintained if hours were cut 16 2/3 
percent or less." Hourly rates to he increased 20 percent if hours 
were cut hy more' than, 16 2/3 percent. 

459. Bottled Soft Drink. (Weekly earnings to he maintained if hours 
were reduced 16 2/3 percent or less; all other employees to re- 
ceive for 40 hours at least as much as they formerly received for 
48 hours. 

Several codes provided tha.t weekly wages were not to he cut more 
than ha.lf of the percentage reduction in hours over a certain percen- 
tage. The first such provision in a major code was in Code 101, Clean- 
ing and Dyeing. It read: 

"Ho employee v/hose full-time weekly hours are reduced hy 

reason of this code, hy less than 20 percent shall have his 

or her full-time weekly ep.rnings reduced, !To employee whose full- 
time weekly earnings are reduced in excess of 20 percent 

shall have his or her said earnings reduced hy more than 50 per- 
cent of the amount calculated hy multiplying the reduction in hours 
hy the hourly rate. " 

Other major codes had the same sort of provision differing in de- 
tail as indicated below: 

282. Restaurant . (Weekly cash earnings to he maintained for service 

employees; others to he cut not more than one-half the difference 
hetween the gross weekly wages of June 16, 1933 and the weekly wage 
for maximum code hours at hourly rate of June 16, 1933). 

599. Household Goods, Storage and Moving . (Weekly earnings to he main- 
tained if hours were reduced 15 percent or less; if hours were re- 
duced more than 15 percent weekly earnings to he reduced no more 
than half the nercentage reduction in hours in excess of 15). 

(*) The same provision was included in codes for Wholesaling, Bowling 
and Billiards Operating Trade, Advertising, Distributing, and Motor 
Vehicle Maintenance. The latter, however, approved January 18, 
1935 referred earnings and hours to July 1, 1954. 

9805 



-344- 

280. Retail So l id Fuel * (Weekl.v earnings to te maintn.ined if hours 
were reduced 20 per cent or less; if ho-ors v;ere reduced more 
than 20 per cent, v/eelcl,"' earnings to "be reduced no more than 
half of the percentat^e reduction in hours in excess of 20 
per cent) . 

362. Photo;:raphic and Fhoto Finishing. 3;ime as 280 p'oove.' 

Tahle 84 shows that the majority of the employees -uiider clrss 4 
codes v,'ere in industry groups with a previous history of long hours: 
Retail codes, Fnolesale codes, Food codes * and Service Trades codes; and that 
although the employees in this class represented only 13.4 per cent of 
all employees imder codes, the proportion ran high in the follov/ing ■ 
groups: ; 

Percent of employees 
Whole srle Trade 46.1 ■ 

R<?creation 34.9 ' 

Service Trades ' 32.8 ' ' 

Food codes 27.5 ' ' f 

Retail Trade 25.8 , ^ 

The codes with emphasis oh maintaining weekly earnings may he 
summarized as follows: 

2. Maintain Weekly Earnint^s and Other Provision Employees (Thousands ) 

10. Petroleum (Pilling Station Division)" 534 

1.' Cotton Textile 483 

IP18. Wholesale Fresh Fruit and Vegetable 93 

LP15. Alcoholic Beverage Wholesale 60 

23. Underwear and Allied Products 50' 

27 codes under 50,000 employees ■ ' 142 

3. Maintain Weekly Earnings . ^ 

< 

1 , 843 
440 
350 

300 • ■ 

291 
200 
193 
186 
180 
151 
' ' ■' 123 . 
113 
■100 
• ,' 100 

52 

50 

58 codes under 50,000 570 

9803 



60. 


Retail Trade 


182. 


Retail Food and Grocery 


46. 


Motor Vehicle Retailing 


47. 


Bai:ikers - ■ 


121. 


Hotel 


398. 


Barber Shop Trade 


145. 


Furniture Manufacturing 


33. 


Retail Lumber 


330. 


Scrap Iron, etc. 


3. 


Wool Textile 


540. 


Retail Meat 


196. 


Wholesale Food & Grocery 


37. 


Builders Supplies' Trade 


474. 


Keedlei'.'ork in Puerto Rico 


21. 


Leather 


LP8. 


(irain Exchanges 



-345- 

Eraployees 
4. Partly Mnintnin Vu'eekl:/' Earnings ( thousands) 

282. -Restaurant 609 

201. Wholesale and Distrihuting Trade 460 

280, Hetail Solid Fuel 346 

445. Baking IBS 

346. Bowling and Billiards Operating Tpade 160 

147. Motor Vehicle Storage 130 

399. Household G-oods Storage 120 

543. Motor Vehicle Maintenance 115 

101. Cleaning and Dyeing 110 

297. Advertising and Distrihuting 100 

459. Bottled Soft Drink 93 

373. Infants' and Children' s Wear 75 

2. Shipouilding and Ship Repairing 55 

362. Photographic and Photo finishing ' 55 

41 codes urjier 50,000 403 

Tahle 84 shows that the 161 codes (27.9 percent of the 
codes) which provided for maiiitaining weekly earnings in whole or 
in part covered 42.6 percent of the employees under codes. The 
distrihution from group to group was very uneven, however. No 
Paper or Metal code contained such a provision, and the follovdng 
groups of codes made slijnt use of the provision: lion-Metallic 
Minerals, Chemicals, Fabricating, Recretation, Ruhher, Construction, 
Equipment and Transport.ation dades. At the other extreme, all the 
Finance codes v/ere in class 3; over 98 percent of the employees under 
Retail codes were under codes classed as 2, 3, or 4; other groups 
exceeding the average (42.6 percent) were: 

Percent of 
employees in 
clr.sses 2,3,4 

Territorial codes 
Wholesale codes 
Textile Patrics codes 

Service Trades codes 

It would seem that e-^.rnings of these 42.6 percent of 
employees were fairly well protected by the code provisions. 
However, one-third of the group had. weekly e<arnings only partly 
maintained; in all cases, the eajrnings to "be maintained were de- 
pression eajL-nings ajid they were to he maintained only if a full week's 
work was available. 

V. CODES WITH EI/iPHASIS 01^ MAIICTAIIIIHG DIFFSRSi'TIALS 

Class 5, Maintain Differentials , included the codes where 
the principal clause wPcS one requiring the maintenance of wage 
differentials a.hove the mininaim. Clauses which mentioned the mainte- 
nance of differentials hut also include wage schedules or provisions 
for the maintenance of weekly eajrnings were placed in classes 1, 2 or 

9803 



96, 


.8 


93, 


.4 


77, 


.2 


56. 


.6 



-346- 

3. The first code with a differential provision v/as the Cotton 
Textile Code counted in Class 2 "because of the maintain-eaxnings 
provision. Tiie first cods with a differential provision as its 
principal requirement was Code No. 9, Lumber and Timher Products: 

"The existing amounts bj'' .which minimum waf?:es in the 
higher paid classes, up to workers receiving ipSO per 
week, exceed minim\im wages in the lovi'est paid classes 
shall he maintained." 

Other major codes provisions in class 5 were: (italics are 
the present author' s) . 

84. Fa-irir ted Metal Products . "Equitable adjustments to maintain 
diiferentials existing as of May 1, 1933 in all pay 
schedules of factory employees (and other employees re- 
ceiving less than $35 per v;eek) above the minimum , shall be 
made on or before 15 days subsequent to the effective date of 
this code by any employers who have not heretofore made such 
adjustments or who have not maintained rates comparable with 
such equitable adjustments; and the first reports of wages, 
required to be filed under this code, shall contain all wage ' 
increases made since May 1, 1933." 

123. Structural Clay . "Unit rates paid employees, whether employed 
on a time-rate or piece-work performance, shall be adjusted to 
continue e^dsting wap:e differentials ." 

401. CoTJDer . "If an equitable a^djustment of the differentials in 
the wage rates above the minimum fized in this Code has not 
been made since July 1,- 1933, there shall then be such 
adjustment, if necessary, made within 60 days from date of the 
approval of this Code. Such equitable adjustment shall mean 
that the differentials in amount existing prior to the 
formulption of this Code shall be maintained for employees other 
than persons enumerated in Article III, Section 3, paragraph 
(b) , provided, however, that in no event shall hourly rates 
of pay be reduced." 

446. Canning. "Whenever the minimum rates adopted by this Code 

result in decrensing differentials existing between different 
classes of employees on June 15, 1933, there shall be an 
equitable adjustment in oi^der to maintain such differentials 
as of said date. In no case shall hourly wage rates be reduced." 

It will be observed that in the Canning code, there was a 
wide spread between the basic date June 15, 1933 and the date of 
approval of the code. May 29, 1934. The Copper code recognized 
this difficulty and put in the clause: "If an equitable adjustment 
of the differentials in the wage rates has not been made." Both 
provisions v70uld seem to be difficult to enforce. 

There is a great difference in the provisions in class 5. 
For instance, are differentials to be maintained between occupations 

9803 ' 



-347- 

atove the minimum wage (ns in the Cotton Textile Code) or throughout 
all occupations as proposed "by the President for that code? Are the 
differentials which are to he m,-.intained, differentials in ?;eekly wages 
or in hourly rates? An ex,ample will illustrate that to maintain 
differentials in weekly wages over the minimum wages would more than 
maintain weekly earnings. However, to maintain differentials in 
hourly rates in codes above the minimum is no gururantee of earnings. 
The figures helow assume certain precede conditions arid show what 
would happen if a code provided: (l) to maintain hourly differentials 
in all occupations; (S) to maintain- hourly differentials only 
"between the wages in the higher hrackets; (5) to maintain T;eekly 
differentials in all the occupations; (4) to maintain weekly 
differentials in 'the wages ahove the minimum. 

Result under different throes of maintaining differentials 

Maintain Weekly 
Differentials 
In all Within 
occupa- higher 
tions "brackets 
only 



Maintain hourly differentials 



Assumed 
precede 
conditions 



In all 
occu-pations 



Within higher 
brackets only 



Weekly Weekly ■ ' ■ Weekly Weekly Weekly 

Hrs. Rate earn. Hrs. Rate Earn. Hrs. Rate Earn. Earn. Earn. 

A. 48 15^ $7.2Q 40 30^ $12.00 40 30(2? $12.00 $12.00 $12.00 

B. 48 20 9.60 40 35 14.00 40 30 12.00 14.40 12.00 

C. 48 25 12.00 40 35 15.00 40 30 12.00 16.80 12.00 

D. 48 30 14.40 40 45 18.00 40 35 14.00 19.20 14.40 

E. 48 35 16.80 40 50 20.00 40 "40 16.00 21.60 16.80 



To keep the arithmetic simple, it is assumed that before 
the code, employees in a certain establishment were paid as folloYifs: 
in occupation A, 15(# an hour; B, 20^ an hour, C, 25^ an hour; D, 35^ 
an hour; and E, 35,^ an hour. All vifere working 48 hours per Y?eek and 
earning weekly the amounts shown in the table - $7.20 to $16.80. 
After the code, a minimura wage of 30.^ an hour was set and a 40-houT 
week was established. The group A at the minimum moved up to 30^ 
per hour or $12.00 per week. If differentials in the hourly wages 
of occupation A gjid all the other employees were maintained, 
those in occupation B would go up to $14.00 weekly; in C , to $16.00; 
in D to $18.00 and in E to $20.00 as shown in the table. If, however, 
the differential applied only to ^sroups above the minimum , A, B, and 
C would receive the minimum of $12.00; D, $14.00; and E, $16.00. In 
these cases maintaining the differential in hourly rates did not main- 
tain the weekly errnings in the higher brackets. If maintaining 
differentials is interpreted to be maintaining dollar differentials 
in weekly earnings, two different situations result. Maintaining 
weekly differentials among all occupations would mean earnings of 
$12,00, $14.40, $16.80, $19.20 and $21.50 per week for the various 
groups. However, maintaining v/eekly differentials in the higher 



9803 



-348- 

■farackets only would raise A and B to the minimum, leave C there, and 
leave D and E at their former levels of '|;i4.40 and ^16.80. 

This illustration should make it clear that the "maintain 
differentials" classification included provisions ?fith very different 
results - some Tvhich did more than maintain v/eekly earnings, and 
some which did much less. Many codes required interpretation of 
such phrases as "the minim'um paid v/orkers in the lowest paid 
classes." Some of these interpretations viere in terras of a certain 
percentage of employees constituting the lowest paid classes. 

Table 83 shovrs 54 codes in this class. They covered over 
a million ajid a half employees distributed as follows: 

■ Employees 

(thousands) 

9. Lumber and Timber 568 

84. Fabricated lAetal Products 413 

446. Canning ' ' 99 ( 

401. Copper ... 64 

1.33. Structural Clay Products 94 

49 codes under 50,000 357 

These employees represented only 7.1 percent of the employees under 

codes. This was the dominant pattern,- however, in the Lumber codes, 

because the Lumber and Timber Products code covered 93.7 percent of 

the employees in the' group. As shovm in Table 84, codes with this 

provision covered 46.7 percent of the employees in Non-Metallic 

Minerals codes (the Structural Clay code and 10 small codes); 37.5 

percent of the en-rployees in Fabricating codes (Fabricated Metal 

Products and 11 small codes), 14,4 percent of the employees in the 

Metal codes (the Copper code and 3 small codes), and 13.5 percent 

of the employees in the Food codes (Canning and 4 small codes). 

T.able 84 shows that more than one-third (35.6 percent) of the employees /' 

in this group were contributed by Forest Products codes, 29.5 percent V 

by Fabricating codes, 13.1 percent by Non-Metallic Minerals codes, 

and 9.7 percent by Food codes. The 9 Textile Fabrics codes and 7 

Equipment codes in this class were small codes contributing only 3.3 

and 2.5 percent of the employees in the class. 



9803 



-^349- 
VI . , CGDaS.;.'ITH -.i'>yiLi.SISOII Ev.'.UIgA.3Li: .^.DJUS.L" 3:tts 



The 216 codes ^-'itli einphasis on maintainin;^ equita'ble adjustments 
are listed in four classes as follovs: 



Codes 

6. Maintain equita'ble: differentials 27 . 

7. EqiitaMe adjustments, PRA 12 

8. Equita'ble adjustment; no reduction 

in hourly rates 134 

9. Equita'ble adjustments .' 43 

Perhaps the differences het'^reen these groupa a,re more apparent 
than real. It is hard to tell Thether class 6 codes Tirhich provided 
for the maintenance of "equitable" or "fair" differentials are more 
like class 5,' maintain differentials, or classes 7, 8, 9 nith Trhich 
they are grouped. It ^,7ill "be o'bserved that these codes did not define 
equitable or fair d.iff erentials. 

The first code Ttith a provision of this sort ^'as Code I^o. 32 for 
the Knitting, Braiding and TTire Covering liachine Industry: ■ 

"There shall he an equita'ble adjustment of T^ages ahove the mini- 
mums herein prescri"bed, to the end tha.t so far as may 'be eouitahle the 
differentials .which noT7 exist 'bet-'.veen the Vage rates paid to skilled 
TTorkers and those paid for unskilled la'bor shall 'be ^reserved." 

The tT7o major codes in this group vere: 

277. Gray Iron Foundry - " There shall be an equitable sdjustnent of 
vages ahove the minimum herein prescri'bed to the end that so far as may 
"be equita'ble, the differential T7hich noT7 exists in the industry "betrreen 
the T^age rates paid to skilled v/orkers and those pa.id for unskilled 
la'bor shall be preserved, it "being understood, horrever, that the hourly 
earnings of those employees receiving a'bove the minimum rate, shall not 
"be reduced there"by. " • 

308. Eishery .- "In order to maintain fair differentials betrreen em- 
ployees, an equitable readjustment in rates of pay shall "be made in cas- 
es of employees who on June 15, 1933 received more than the minimum 
rates of pay then prevailing; "but in no case as a part of such readjust- 
ment shall hourly rates he reduced," (*) 

Class 7. Equitahle Adjustment — PEA , called for an equitahle ad- 
justment of wages a"bove the minimum without any defintition of "equitable" 
other than was contained in the interpretations that were issued in con- 
nection with the President's Reemplojment Agreement quoted earlier in 
this chapter. 

(*) Some of the Supplements to this code were class 2, (See table 56). 



9803 



-550- 

These interpretations called for an increase in hourly rates in most ■ 
instances, and for the nsintenance of daily, reehly, or monthly rates 
for such en^iloyees as rere previously paid on these "bases. The first 
code rrith such a nrovision rras: 

27. Textile "Rag .- "Employers shall not reduce the compensation for 
employment non in excess of the minimum wages hereliy agreed to (not- 
withstpjiding that the hours worked in such employment may "be here"by 
reduced) and shall increase the pay for such emiDloyment Itj an equitatle 
readjustment of all pay schedules. This cla.use shall "be construed in 
the same manner as paragraph 7 of the President's Reemployment Agree- 
ment has been interpreted "by the TTational Recovery Administration in 
Interpretations !Tos. 1 and 20, and su'bsequent inter-oretations. " 

The 12 codes in this class covered only .3 percent of the em- 
ployees under codes. "No major codes were in the grouT3. Half the em- 
ployees in these codes were in one Retail code (Auto Re"building and. 
Ref inishing) , a fifth in four Non-Hetallic Minerals codes, and one-^ 
seventh in the Textile Bag code. ^ . 

Class 8. Equita"ble Adjustment; Ho Reduction in Hourly Rates , 
added to the eGuita"ble adjustment the requirement tha.t hourly rates 
of wages should not "be reduced. This seems an anomalous ;orovision 
since the original idea of an equitable adjustment was an. adjustment 
u-pward . however, the maintenance of hourly rates wa-s a simple and (*) 
enforcea"ble provision and it "became increasingly popular with the Ad- 
ministra.tionas the difficulties of enforcing more i^retentious pro- 
visions became apparent. Altogether 134 codes includ.ed this provision. (**) 
The first such provision was in Code 43 for the Ice Industry: 

" Provided, tha.t where the basic hourljr rates of pay on 
July 15, 1933, were greater than the minimum ra.tes set out above, such 
rates shall not be reduced on accoxmt of the application of any of the 
provisions of this Code. Equita.ble adjustment in all pay schedules of 
employees above the minimum shall be made on or before the effective 
date of this Code." 

Other major codes in this class were: 

66. ilotor Bus .- "The rates of pay of employees whose hours of employ- 
ment have been reduced Toy the ^Drovisions of this Code shall be 
increased by an equita.ble readjustment and the ra,tes of pay of 
employees whose hours have not been reduced shall not be de- 
creased, as a result of this Code, below those in effect in the 
week ending June 17, 1933." 

(*) However, the maintenance of hourly earnings wns not simple for 
piece workers, particularly in industries where work a,nd wages varied 
considerably from season to season. Accordingly, questions of in- 
terpretation came vj-o concerning even this simple provision. 
(**) This is in addition to codes lolaced in classes 5 or 6 because 
of other provisions. Some such provisions liave been quoted for the 
copper, canning, Cray Iron Foundry, ruid fishery codes. 



9803 



-351- ;■ 

581. La-gndry Trade .- "There shall "be an equitable adjustment of all 
wages a"bove minimum, and to that end, "by July 1, 19S4, the Code 
Authority shall suhmit for the approval of .the Administrator a propos- 
al for adjustment in wages ahove the miniiLpm, Upon approval hy the 
Administrator, after such hearing as he mas'" prescrihe, such proposal 
shall become binding as a part of this Code, provided, however, that in 
no event shall hourly rates of pay be reduced," 

392. Real Estate Brokerage .- "In no event,' however,, shall any weekly 
rates or hourly rates be reduced. Within 60 days after the ef- 
fective date of this Code each Member of the Industry shall make 
a report of such adjustment whether made prior to or subsequent 
to the date of approval of this Code to the Code Authority," 

Most of the codes in class 8 were quite small codes, for the 
group (23.2 percent of all the codes) covered only 4.8 percent of the 
employees under codes. In terms of employees covered, it was not the 
dominant pattern in any industrial group; as table 84 shows, only four 
industry groups had more than 10 percent of their employees covered, by 
such codes. These four, were: 

Service Trades 35,5 

Food , . - . ■ 16i6 .■.-,■ 

Fabricating ■ , ;11,4 

Equipment 10,5 

Possibly some of the codes in this group should, have been classified 
as class 2 "maintain weekly earnings," Some provisions were not clear: , 
for instcJice, in the following from the Cigarette code, was the in- 
tention to maintain weekly rates of office workers and hourly rates of 
other employees? (*) 

549. Cigarette. Snul'f. etc.- "Equitable adjustment of compensation of 
employees receiving more than the minimum rates of pay herein 
prescribed shall be made by all employers who have not heretofore 
made such adjustments, provided, however, in no event shall hourly 
or weekly rates of pay be reduced as a result of the adoption of 
this code." 

And what does the following from the Natural Cleft Stone code mean? 

" Employers shall not reduce the rates of wagres for employ- 
ees whose rates are in excess of the minimum rates of wages (not- 
withstanding that the number of hours worked in such emplojTnent 
may be hereby decreased)". 

The section in the parenthesis would seem meaningless unless the in- 
tent was to maintain weekly earnings; but why, then, was "rate of 
wages" used rather than "wages" or "earnings? i* 

Class 9. Equitable Adjustment, covered the codes which called 
merelj!- for "equitable adjustment" without other significant safeguards, 
except that in some instances a report covering the adjustment was t o 
be made. The first such provision was in Code Ho. 17 for the Automobile 

(*) Some codes definitely provided; such guarantee. Eor instance, the 
Linseed Oil Code. 

9803 



-352- 

Industry: ■. 

"Equitable adjustment in al] pay schedules of factory em- 
ployees above the rainimums shall be made on or before September 15,' 1933, 
by any em'oloyers who have not heretofore mS.de such ^ d jus tments, and 
the first monthly reports of wages required to be filed under this Code 
shall contain all wage increases made since Hay 1, 1933." 

Other provisions of this sort from the major codes are listed below; 

44. Boot and Shoe nanufacturing: Industry.- "Unskilled emnloyees re- 
ceiving in excess of the foregoing minimum rates of pay shall not 
^ be reduced; and equitable adjustments in all pay schedules of em- 
ployees receiving more tha.n the minimum rates shall be made not 
later than 30 da,ys after approval of this Code by any employers 
in the Industry who have not heretofore made such adjustments un- 
der the President's Reemployment Agreement." 

467. Cigar Manufa.cturin g.- "The wages of all employees now in excess 
of the minima herein established shall be eouitably readjusted." 

This provision 'covered codes with only 6,4 percent of the em- 
ployees under codes.' However, it was the dominating pattern in the 
Rubber codes, becaus'e of the Rubber Tire and the Rubber Manufacturing 
code, and in the lea;ther and Far group, because of the Boot and Shoe 
code. Automobile and Automotive Parts and 10 small codes accounted 
for '37.9 percent of the employees of the Equipment codes in this class. 

The codes with emphasis on equitable adjustments may be summar- 
ized as follows: 

■Employees 

6. Maintain equitable Differentials ( Thousands ) 

308. Fishery 200 

277. Gray Iron Foundry '. 80 

25 codes under 50,000 employees 248 

7. Equitable Adjustment. PPA. 

12 codes mider 50,000 employees 65 

8. Equitable Adjustment, No Reduction in 
Hourly ra^tes 

281. Laundry ' 233 

43. Ice . 100 ■ 

66. Motor Bus 85 

392. Real Estate Brokerage .70 

130 codes under 50,000 employees 591 

9. Equitable Adjustment . 

17. Automobile 447 

10. Petroleum, Marketing Division 133 

9803 



-353- 

44, :''.oot rnd Shoe -205 

467. Cigar lirirof r.cturin£; ; 84 

105. Autonotive Parts " 79 

174* RulDlDer Tire 75 

156. Rul>ber.,k"aJiufp,Gturin£'* 74 

5S codes iHider 50,000 en.^loyees 336 

Ally appraisal of the result of these "equitaole adj-astiient" pro- 
visions is mere speculation., Prohably they accoriTolished sons wage 
sta^bilization in a period of chaJige, Ijut since each employer vas to 
determine what was pxi "eoui table adjustnent" , these -orovisions afford- 
ed no definite standard. 

VII. CQDZS I7ITK i;0 "=>OSITI^C ESQjrirSilJMT J?On ijVGC.S IIT THE 



HIGHER 3RACI3TS 



Table 83 lists 93 codes as havin.^' no ^DO^itive. reouirenent concern- 
ing adjustment of wages in the higher brackets. These' codes include 
three classes: 

Cla.ss 10; 69 codes with policj^ stateiient or equivalent. 

Class 11; 11 codes re.qiiiring o;ily a report concerning wa ;es 

above the ninimura. 

Class 12; 13 codes with 'no jDrovision whatever concerning 

wages in the higher brackets. 

Three najor codes a,re included in Glass 10 with the follo^-^ing provisions: 

(italics are the present author's) 

11. Iron and Steel .- " Until this jrovision shaJl have been chan..'ed by 
sjjendra e nt as aforesaid , each nenber of the code will ■oa,','" to each 
of its employees in the industry who on July 14, 1933. was receiv- 
ing pa,y at a ra~te of ipay per hour in excess of the rate of pay 
per hour then being -pD.i6. by such nenber for con;. ion labor a rate 
of pay per hour which sha21 be at ler.st 15 -oercent greater than 
tha.t which such e-iployee wa,G then receiving; -orovided, however, 
that the fore,,-oin'c provision shall not be so construed as to re- 



auire 


any nember 


of 


the 


code to neJ. 


[:e 


a,ny 


incrf 


3a,se in 


: the rate of 


pay per hour to 


be "0 


aid 


by such iienber t( 


3 any 


of its 


ennloyees in 


any w; 


age distric 


t th 


at T 


rill result 


in 


. a rate ( 


3f -Day 


-jer hour '/hich 


shall 


be hi :her 


than 


the 


i rate of -); 


=y 


ner 


hour 


naid t 


ennloyees 


doing 
wase ( 


substantia 
iistrict by 


lly 

• any 


the sane class 
other nieraber < 


or 

Df 


kii 
the 


10. of 
code 


la.'oor 
which 


in the sane 
shall have in- 



creased its rates of nay 'jer hour in acc orda-nce --jth such nrovi sion. 

48. Silk Textile Industry .- "The ajiiooints as of July 1, 1933, by which 
wages in the higher-paid classes, up to $30 per week, exceed wages 
in the lowest-paid classes, shall be naintained. Bit no employer 
iroon obtainin-r;- the consent of the Administrator, iieed increase 

(*) The Rainwear Division had a provision to maintain differentials. 

9803 



II 



-354- 

wages in the hi/^her-paid classes beyond those maintained l3y other 
employers rho have increased their T7a.?es in accordance Trith the 
above r»rovision for the same class or kind of labor in the'sa'^e 
xjace district . " 

120, Paper and FuI -q.- "The wage rates of all employees receiving more 
than the minimum rates herein prescribed shall be reviewed and 
such adjustments, if any , made therein as are equitable in the 
light of all the circumstances and within 90 dr.ys after the 
effective date hereof, the Paper Industry Authority shall re- 
port to the Administrator the action talcen by all members of 
the industry under this Section." 

These illistrations show that this clause sometimes took ihe 
form of adjustments "in the light of all the circumstances," and some- 
times of fairly definite provisions for hourly increa.ses or for main- 
tenance of differentials which were weakened by a statement that no 
employer need increase wa.ges beyond other employers in the same com- 
petitive district. Other class 10 clauses tsok the farm of a sfatement 
of policy or of an adjustment "to the extent practicable" as is shown 
by the illustrations below: 

Marking Devices : "It is the -policy of the members of this ind.ustry 
to refrain from reducing the compensation for employment 
which compensation was prior to June 16, 1933 in excess of the 
minimum wage herein set forth, notwithstanding that the hours 
of work in such em-oloyment ma,y be reduced; ond a21 members .gf 
this industry shall endeavor to increase the -pB.j of all em- 
ployees in excess of the minimum wage, as herein set forth, 
by an equitable adjustment of all pay schedules proportionate 
to the increase in compensation as determined by the minimum 
wage herein provided.. " 

Packaging Machinery : " To the extent loracticable . the wage rates of 
employees receiving more than the minimum wage rate shall be 
equitably adjusted, and in no case shall thejr be decrea.sed as 
a result of this adjustment of hours, so that existing differ- 
entials shall be maintained and, to the extent -practicable , 
recognition shall be given to the desirability of maintaining 
earnings, provided such adjustment has not already been made 
since June 16, 1933. 

The Paper and Pulp code ■':)rovision was used in 20 other i^aioer 
codes; in fact, 92.3 percent of the employees in the PaiDer codes were 
in codes with this tjrpe of provision, s.s shown in. table 84. The 
iletals codes had the next largest proportion (72.9 percent) , because 
of the Iron and Steel code. 

Class 11. Re-Qort Only , covers the codes which made no other re- 
quirement than that a report should be made concerning action taken 
on T/ages above the minimum. The first of these "orovisions was in the 
major code, No. 4, for the Electrical Manufacturing Industry: 

"llot later than 90 days after the effective date the 
electrical raanufo.cturing industry shall re"3ort to the Adminis- 
trator through the Board of Governors of National "Electrical 
Manufp.cturers Association the a.ction taJ:en by all employers in 

9803 



-555- . 

acljusting the hourly wage rates for all employees receiving more than the 
minimtun rates provided," 

The only other mo-jor code in this group wp.s Machinery and Allied 
Products: (italics. are the present author's). 

"With a view that there shall he equitahle adjustment of rates 
ahove the minimum, not later than 30 days after the effective 
date, each employer in the Industry shall report to the Adr.iin- 
istrator through the Basic Code Authority, the action taken "by 
such employer since June 16, 1933, in adjusting or not ad.iust- 
ing the wage rates of all hourly employees. . .and of the (other) 
employees. . .hereof receiving more than the minimum rate as 
therein provided, "but less than !*;35.00 per week of regular work 
period. '»' " , 

Taole 84 shows that more than 99 percent of the employees in 
this class were in 9 Equiipment codes and that 30 percent of the employ- 
ees in the Equipment codes were in codes with this tjroe of provision. 

Class 12. ITo Provision .- Thirteen codes with no provision 
wliatever for wages in the higher "bra.ckers are counted as class 12. 
Almost three-fifths of the employees in this class vrere in the Transit 
code and over one-quarter in the Chemical MsJiufacturing co6-e. Altogether 
2 percent of the employees under codes were in codes with no such pro- 
vision. 

The codes without positive requirements for wages above the mini- 
mum may "be summarized as follows: 

Employees 

10. Policy Statement or Equivalent (thousands) 

11. Iron and Steel 420 

48. Silk Textile 130 

120. Paper and Pulp 128 

82. Steel Castings 50 

65 codes -under 50, ©00 employees 524 

11. Report Only 

4t Electrical Manufacturing 329 

347. Machinery and Allied Products 94 

9 codes under 50,000 employees 94 

12. Ho Provision 

28. Transit 264 

2'}?5. Chemical Manufacturing 68 ■ ' 

.•11 codes under 50,000 employees 124 

Ta'bles 83 and 84 show that these codes were concentrated in 14 
industry groups; that they covered, al lost one-tenth of the emploj^'ees 

9803 



-356- 

under codes but r. considerable ■oroportion of the eriT^loyees in the 
following groups: 



P aper..- 


92.5 


Iletals 


72.9 


Chemicals . 


55.9 


Equipment 


37.6 



VIII. THE pnOBLE! 07 WAGI^S A30VZ: THE LIINIIIUlvi 

This chapter has shoTOi that the codes included a great va.riet^r of 
provisions for wages above the minimum, some quite definite, some so 
indefinite as to have little oioeretive neaning. It Trill be \'rell to 
check them against the purposes of these :orovisions as sta.ted at the 
beginning of the chapter. 

Com-petitive equality . - "Employers sought fair competition in 
wages at all levels. " The provisions which accomiolished this best 
were the wage schedules or basing points which tended toward knowledge 
of competitive conditions. Maintenance of former weekly earnings, or 
of former differentials, for example, frequently Derated to the d.efinite 
disadvantage of the employer rho had not cut rates, or had out rates 
but little, during the depression. The same was true of certain of the 
equitable adjustment clauses. 

T7ages above the min.imum as a iSlank in the wage floor. - 

"Workers in the higher brackets sought a wage floor to preserve their 
purchasing power". For this purpose the most effective lorovisions were 
the class 1 provisions, with definite wa.Te rates for certain skilled 
occupations. These i:)rovisions "ere limited raainlj'' - and necessariDy 
so - to industries in which the ;oractice of collective ba-rgainin""" was 
established. More than one-quarter of the workers under codes were in 
codes with "orovisions of this sort. 

Some of the provision} which emphasized fair competitive conditions 
such as the provisions in the Iron ajid Steel and Si"'.]' Textile codes 
quoted in Section VII, held hope for the i^orkers in the low "oaying mills. 
However, since no employer need increase rates "above similar ra,tes in 
the same district paid by other members who have made the 15 "oercent in- 
crease" such codes promised nothing to workers in t he better-paid niiis. 

Almost half the workers were in codes with -orovisions designed, to 
preserve the status quo ante - in certain respects - during a ■oeriod 
of change, by maintaining differentials between occupations or by main- 
taining weekly earnings; one-qua.rter of this grouio, however, were in 
codes which provided for only partial maintenance of earnings. How 
satisfactory such provisions were to the workers depended partly on 
the status quo ante. A date usually was specified, frequentlj'-, the 
date the NIRA was signed, or the following July 1, or the date the code 
was approved, though sometimes an earlier date was specified as April 
1933 - a low point in most industries - in the Leather Code. 

A considerable number of codes approved more than a year after 
the NIRA was signed incorporated a, date of June or July 1933 as the 



9803 



-357- 

"base for maintainin,^ diff erentia.ls or earnings. In a code signed in 
1955, a provision to maintain differentials or weekly earnings as of the 
Slimmer of 1933 were found difficult of enforcement, because records of 
1933 T7ere often inaccessible and in the meantime workers had accepted 
many pay envelopes and thus established precedents. 

Many of these provisions for preservin,^ the status quo ante TTOuld 
mean different thin-^s to the workers concerned under different possible 
interpretations. Consider, for example, the class 5 clauses looking 
toward the maintenance of "e:-:isting or longstanding differentials". Did 
these refer to the differentials as they existed in a particular "olant, 
a region, or the entire industry? Were there definitions md classi- 
fications of occunations in the industry or even in a given i?lant suf- 
ficiently clear to make possible adjustments without controversy? ¥ere 
trustwortliy records avpilable for use in any adjudication of the Torob- 
lem? ■ ■ : 

Similar issues arose in connection with the maintenance of former 
weekly earnings — • unless, indeed, this maintenance was interrireted to 
mean, the earnings of a particular employee, and in this event Tjroblems 
of discharge or reclassif icationarose. (*) 

Even the fairly definite, provisions had .to be inter-oreted; for 
instance, what was the "longer week lorevailing rTior to July 17, 1933"? 
¥as it the nbrmal work we"e]t\ox ...the extended, work, wee'- .. many establishments 
were working in a pre-code boom? '..'When there 'was a salary limit, were 
payments for overtime hours included in the salary s^i^secified? Many 
questions such as this came ui3 for official adjainistrative interpretation; 
many more such questions were handled by 'code authorities and bj/- individ- 
ual employers. Workers complained to the ITIIA. concerning the application 
of these provisions in some mills. The drafting^of raany-bf these pro- 
visions ws,s stichthat workers could not tell when the code was being 
lived up to; 

Coverage in terms of codes 'and eiiroloyees . - The more definite 
provisions - classes 1 to 5 —-covered 46,5 percent of the codes and 
76.4 percent of the employees under codes. These provisions were more 
prevalent in the earlier and larger codes. However, provisions looking 
toward the maintenance of "existing" or "long standing differentials" 
or only partial earnings when large reductions were made in hours or of 
full-time weekly earnings as of the depth of the depression- did not 
provide a definite wage plan for the workers concerned. 



(*) See Chapter Xl/, Section III for provisions against recla.ssification. 



9803 



• -358- 

inSCELLAKEOUS I^aGE ?:inVISIOi'S 

A nur.foer of codes 'oolstGred \i_o their specific i-fa'-:e 'orovisions '-'ith 
certain ^a^ye clauses of r nore general nature. Fo'or clauses ap'oeaired 
in 500 (jodes or riore: 

lliniFiu-'T rc^te a'/olies irrespective of method of pa^'^nent 531 
nethod of pajnent' 

i.Iore strinfjent la^-'s hold 52G 

Ho reclassificff.tion of en'oloyees to evade code 

provisions ; 506 

Codes rrast be oosted 500 

Table 86 presents these and seven other "orovisions b'"'' industry grou'os. 
This chapter, analyzes the various clauses in some detail,' (*) 

I. KETHODS 0? ::AGE PAYIiEi:T 

Kinimijm yrage .'Tuarant e ed ra.Tardless of nethod of TDaynent .-* 
The T7age clause a-XDearing nost frequently (531 codes) '"'as a statement 
that the minimum '-rage arolied "whether an cnployae is actually compen- 
sated on a time rate, piece rate, or other bc^sis. " This appeared first 
in the E::ec\itive Order aoproving the Cotton Textile .Code: 

"It is interpreted the.t the provisions for a minimum nage in 
this code establish a guaranteed minimira rate of pay per hour 
of employment regardless of 'whether the employee's compensation 
is otherijise baced on a time rate or upon a piece work perform- 
ance. This is to avoid frustration of the purpose of the code 
by changing from hour to ^iece-'-'ork rules," (**) 

The ne:;t code submitted 'jith such a provision rras No, 13, 
Pishing Tackle: , . . 

'IHome^orkers and "orkers ■■jhosa remuneration is dependent upon 
qua.ntity and/or qualitv of production shall in no case receive 
less than the above s'oecified hourly rate of pay," 

Code ITo, 14, Rayon and Sjmthetic Yarn follo'-'ed: 

"The minimum nage ^.Thether based on production, effort or 
efficiency or hourly rates shall be at the rate of $13 per neek 
for 40 hours of labor, " 

Another variation of this provision appeared in the Transit Code; 

' — ■ ■ 'm — .. - I. - I...— I ■■■ . ■ ■■■ — — ■ -^ ■-■ — ■ ■ I ■ ■ . .1. ■■ I .■ ^ — . - ^-11 ■ — I ■ . ■ ■■ ^ n ■ H I ■ • ■ ■■■ 

( *) Por analysis of clauses with reference to safetj/- and health, see 
"Safety and Health Work under the ITIPA," by Soloraan Barkin, For 
analysis of code provisions on child labor see "Child Labor Control 
Under KRA" by Solomon Barkin, 

•■**) Codes of Fair Competition, Vol. I, p. 2, 



359 



H 

Hi 



> 
O 

p. 



ssfBj^ exssstotUL 
■apoj^ aofAJes 

jnj ptre jamssij 
XSJBddB-osiTiptai 

asiJ<l8J-88fH3C8I 

jedaj 
letVi 



9603 



M 


W 


rH 


•H 




n 


rj 




•-t 




H 




CM 


r-t 


O 
•-* 


1 


{? 




f^ 


J- 

CM 


«0 


1-4 


N 


CO 


K\ 


CJ 


OJ 


rH 


CJ 


• 


(M 


ITS 


~ 



M 



CVl 



rvj 



1 r<% K\ 



CM 



o vD ir» 



o^ en ir> 



I ;* 1^ I irv OJ 



3! 

5 



b 



a 



P^ 



m (H iH F-( 

ey .H t— ftj 

in ^ m r^ 

w e\j p*- t— 

» rH fH W 

t*" f<^ ff\ to 

m m r-t H 

>d 

o 

I « 

a j< 



g. 



I 



I 



i 



■"I 



■* I 



s ^ 



-« «M -H Ih 



Pi 



I 



I 



I I I ^ ! I I I I 

K>r^ I r^o»HWcy,a- 



CJ 



o 






I o t*- c\» r- cy to if\ 



ir\ to <sO 



I h^ f^ 1-4 -=*■ I Jt CM 



cuvoir\wvo.=r ir\K\ 



8, f. " S" -3 Sis 

iH O I O Jl* CO 



Q P P^ rH r- 

ir\ 6 -CN CTN rH 

OS r^ r-t 




o 
W 



•H XJ 


O 


Id 3 


■H 
> 


(D 


C 


■rt bO>> 


K 


«H C P 




•H ,H 


!m 


o bO bO 


o 


O Tl S3 




ao^ 


a 


m (H -p 


o 


o 


•H 


b ;< d 


ra 


o o t, 


•H 


<M <H -P 


> 


C 


•H 


<D C o 


» 


bOO o 




ti -H 


<: 


e8 -P C 


PH 


^ o o 


S 


o p 




■5 l» 




© © "O 


-d 


43 f< 3 


f. 


JJ +J 


o 


O D) 


H-l 


to c 


rH 


c -a 


P 


•H bOo 


s 


-P c5 




■H -H m 


>= 


e t»-H 


f> 


tH <M rH 




rH -H P • 


■p 


o C 


b 


n (D d-rH 


6 


« a. c iH 

73 01 p aj 


P. 


<t> 


o S 


u 


one 




© as • 


d 


LT-n:; S 




o e 


E 


hoo o^ 


o 


C f< o 


u 


^ (\J <M "H <M 


■C Ih 




P Tj C -P 


a 


rH C © * 


© 


O oi ^ Ph Ai 


C 


d 


1-1 Eh 


Eh 



c5i ^ ol 



-r-6 0- 

"TThere piece work, cooperative or profit-sharing rates exist, 
the t-^tal TT.iges paid per week to any emploj^ee so i-^orking, divided 
l)y the n-omlDer of hours actually worked -oer vreek "by such employee, 
shall te eojial to at least the minimiim hourly wages prescribed in 
this article. " 

In the Barber Shop and Hotel codes the minimum rate applied whether an 
employee was paid on a "time-rate, piece-work, commission, or other 
basis," The Hotel code had a further provision that service employees 
were to receive the minimum rates specified "irrespective of by whom or 
on what basis service employees are conpensated, " thus including tips in 
the nininum wa^e. However, the Bowling aiid Billiard Operating code 
provided that "Tips or grs.tuities shall not be included in wages," 

An Administrative Order= (*)' of-vTaniiary 4,. 1935 guarante^d-.piece- 
workers the minimum hourly rate imder codes without such special 
provisions: 

"Each emiployer shall pay to e£:,ch of his piece-work emplo3"ees 
for work performed by said employee during such -oeriod an am.ount 
not less than the product of the minim-um hourly rate prescribed in 
said code multiplied by the number of ,r->urs worked by said employee 
during Luch period." 

Method or time of waf.'e -ipai'.'Tient .— A total of 191 codes specified 
the method or time of \7age payment. The first siich provision was in 
Code ITo. 24, Bituminous Coal: 

"The net amount of "ages shall be paid semi-nonthly in lawful 
money or per :check at' the option, of the operators." 

A more po'oular form '^as that wages were to be paid in lawful 
currenc" or by negotiable check, payable on demand, Undei the Structural 
Claj'' code, as in many others, wages were to be padd at least twice a 
month said salaries: at least once e. month. 

The Millinery code reOj^uired: 

"All employees shall be paid directly by their employers and 
the payroll records shc^ll contain the names or identification number 
of the craft and the wages -^oaid to each employee, " 

Some provision of this type, whicht'op eared in one-third of all 
the codes, was used in ..ore than half of the codes in the metals, ITon- 
metallic Minerals, Porest Products, Pood, Construction, and Wholesale 
groups of codes, as shown in table 86, 

Seductions from wages ,- Another clause used to insure fi^J-l 
wage pa;:T"jents was one which forbade deductions from wages \inless volun- 
tary. This also was first stated - in a limited way - in the Bit-uminous 
Coal Code, 

K*) ITo, X-130, Codes of Pair Competition, Vol. :QC, p. 434. 



9803 



-361- 

"Aiiy deductions from employees' pa/'-, if not a matter of agree- 
:nent, shall "be in cohforinity rith such general rules and re/julations 
as the Administrator nay "orescribe for the puxjoose of preventing 
unfair deductions, or those '--hich may in effect lovfer the rates of 
pa;- herein provided. " 

A more frequent version of the clruse vras this, from the 
Copper code: 

"T7ages sha,ll "be exempt from any ma3nnents for pensions, insur- 
cJice or sick "benefits other than those voluntariljr paid "by the iTaf^e 
earners or required "b^"- the stpte lar. " 

The S'^^ppicn^nt-ir;- code for Atlantic Llackeral Fishing had a partic- 
ulpxly de -ailed provision: 

••Wages shall be e:;empt from fines and from charges and deduc- 
tions, except charges and deductions for employees' voluntarj'^ 
contri'butions to vjension, insura,nce or "benefit funds, and except r.s 
nay "be required V'" State legislation enacted for the "benefit of 
employees. Deductions for other purposes may 'be made only when the 
sa^e are covered 'b'f agreement reduced to writing and kept on file "03- 
the emplojrer open to the ins'oection. of the Administrator. The agree- 
ment of hire shall provide tha/l; ^^ages of no employee sha.ll "be ^- ith- 
held "beyond the customsT-y time for the payment of -v/ages to co- 
enplo-"-ees except uoon service of legal process or other papers lavr*" 
fu-ll;? requiring sojie, " 

The special problem of deductions for lodging, meals, etc., 
were tc2;en care of in the Laundry'-, Cleaning and Hotel codes in different 
ways: 

ilotel. "Ihen it is mutiially sugreed hetTjeen any employer a^nd 
an emplo;'ree tha.t lodging and/or meals shall constitute a. part of 
such emplo3'"ee 's- com/oensation, no deductions for lodging shall "be in 
excess of 32.50 "oer r.-eek and no deductions for meals shs.ll he in 
excess of 25y^ per meal." 

Laundry . "ilo deduction from nages shall he ma.de or permitted 
for the housing and/or hoarding of an;- emplo^^ee irithin a la-axdrj- 
estahlishment, or for the laundering of irrorker's uniforms soiled 
T.'hile on dutj, "' 

The Cleaning and I^-eing code contained the seme restriction regarding 
housing or hoarding of employees as the Laundr*'" code, 

Corn'oan^^ houses fnd corrjan''- stores .-* . Closel;- related to this 
resti-iction on deductions -^ere clauses for"bidding an;;" requirement tha.t 
em;;ployees live in com:.Dany houses, i'aintenance men or others needed to 
protect 'oro-oerty "^.'ere often excepted. T)iirty-three codes included this 
provision, all "but seven being in Hetals industries, T?hich are likelj- 
to have isola-ted -oro-oerties. Ti.7enty-one codes, m.ost of then in the 
groups mentioned a.hove, also_ stated that emplo3'ees shoijJLd not he re- 
quired, to hu3^ in coraoany stores or stores specified oy the emiDloy-er, 

9803 



■ -362- 

Charges for specified items, such as the rental of ho-uses in the Carhon 
Black code, were limited in eight codes. Tvo Hawaiian codes (Retail 
Trade and Auto Sales) specified that employees need not lodge or hoard 
with employers as a condition of emplojonent. The conditions of approval 
of the Cotton Textile code required a report hy the code authority on 
"the question of employee purchase of mill-villages, especially in the 
south. . .looking toward eventual employee home-ownership." ifo such action 
resulted from the report. 

II. MORE STKII-TC-aiT LA'wS HOLD 

The provision appearing second most frequently (528 codes) was the 
one ?/hich provided that any other law, more stringent than the code super- 
seded it. The Fishing Tackle Code No. 11 was the first to incorporate 
this: 

"There a State law provides a higher minimum wage no person employed 
within that State shall he paid a wage below that reouired by such 
State law." 

I.iany such provisions included hours also(*), or minimum age. 

The Laundry code had an interesting provision: 

"Where a State law or orders promulgated thereunder provide a higher 
mi-nimum wage than is provided in this code, no person employed with- 
in that State shall be paid a v/at^e below that required by such State 
law or orders. Where such State law or orders affect only femaled 
and/or male minors, the miniraiam rates specified for such employees 
shall apply under this code to all employees, whether male or female, 
so that such minimwn rates shall apply equally to employees of both 



sexes." 



III. PHOVISIOIIS HELATIITO TO COMFLIMCJ 



Reclassification of employees .- Five hundred and six codes contained 
a variety of clauses prohibiting, the reclassification of employees for 
the purpose of evading the minimum wage provisions. Tlie first of these 
is found in the Code, No. 21, The Leather Industry: ( 

"There shall be no evasion of this code by reclassification of the 
functions of workers. A worker shall not be included in one of the 

exceptions unless the identical functions which he performs 

were identically classified June 16, 1933." 

Other early statements vyere: 

34. Laundry and Dry Cleaning Machinery — E mployers shall not re- 
classif2'' employees so as to defeat the purposes of the Act." 

39. Farm Equipment — "No employee shall be classified in any one of 
the excepted classes. ... .-onless he performs functions identical with 
those performed by employees thus classified on June 16, 1933." 

40. Electric Stora-xe and "vet Primary Battery — In determining his or 
her classification under this code each employee shall be entitled 
to claim the benefit of the classif icr'tion of occupation existing on 
June 15. 1933." 

(*) See Chapter VIII, section 1. 

9803 



-353- 

Motor Vehicle Maintenance provided for a worker doina- more than one type 
of work: .... 

"An employee performing duties coming within more than one of the 
classifications in the forajjoinE^ schedule shall he compensated on 
'the tasis of the rate paid for the cla.s3ification at which he is 
employed during the greatest part of his time."(*) 

A slightly different type of evasion was guarded against in the 
Petroleum code: 

"The provisions of this Code regulating hours of labor and wages of 
employees, shall "be deemed violated "by any device or method hy which 
employees, as recognized in the industry on July 1, 1933, are or are 
attempted to be removed froja such present recognized status of em- 
ployees hy means of drilling contracts, commission contracts, lease 
and agency, or any other agreement." 

The Pilling Stations Division of this code provided thnt if the employees 
of filling and service stations were changed from salary to commission 
basis or vice versa they were to receive not less than the weekly salary 
as of July 20, 1933. The Fur V;holesaling Supplement of Wholesaling re- 
quired that a list of reclassified employees be sent to the Administrator 
by the Code Authority. 

Regulation of contractors . -(**) One'problem in the enforcement of ■ 
wage' provisions arose because of the contracting of work and the pajonent 
of subminimum wages to employees in contract shops. To meet difficulties 
of this sort 50 codes provided for some sort of regulation of the con- 
tractor. These provisions varied from definitions of employers to in- 
clude contractors and general statement requiring that the contractor 
comply with the labor provisions of the code to specific requirements 
concerning ?/ages. 

Fourteen codes required contractors to comply generally with the 
code in question or another applicable code . For example. Pottery Sup- 
plies: 

"Ho employer shall contract his work to any person except when such 
person is subject to the provisions of this Code or another Code 
adopted for the industry in which such person is engaged." 

Contractors had to comply with labor provisions of the code or 
another one, v/ith standards as stringent in 13 codes. Among these, the 
Merchant and Custom Tailoring code stated: 

"Ho member of the Industry shall avoid or evade the labor provisions 
of this Code by contracting his v/ork to any person or persons subject 
to labor provisions less stringent than those provided in this Code." 

(*) In other codes this same rule appeai'ed in interpretations. 

(**) See also I'RA Industry Studies report: "Som.e Aspects of the ?/omen's 
Apparel Industry", by Sherman Trowbridge. 

9803 



-364- 

In 12 codes conliaiice vith the ra.-;-c or ^^r^e rnd Ivur -orovisions of the 
Tjartic'j-lc.r code vfas-regnirgd qf ; contractors; "in- Retail -Soi-id-i^iiel-i -this 
read: 

"The use of contractors, suh-contractors, hniolers, truclcers, 
or others to jerform e-m/ of the functions of this industry is "oro" 
hihited unless the employees of stich contractors, sut-contractors, 
iiavAers, truc]:ers or other employers shall receive i;ages as high 
c^d shall "be required to work hours not in excess of those provided 
for in this Code for empl03'"ees in the same classification of this 
indtistry. 

It "-as specified in 10 codes that members of the industry" must pay con- 
tractors enough to -oermit pa.yment of the vages renuired "by the code. 
The Infa.-:its' ?nd Children's Tfear code has such a provision: 

"All -lerahers of the Industry engaged in the raanufa.cture of 
infaj.its' and children's dres&es pjid causing such garments or any 
part thereof to he maniifact'ured hy Contractors shall pay to such 
Contractors for such productions, rates at lea.st sufficient to 
enahle such Contractors to Day to their erapl03'"ees rrorking on such 
garments, the minimiim ^^a.ge -irovided for hy this Code, and all s\ich 
pa3T.aents received "b^/ such Contra.ctors shall he first applied in the 
payment of vages to the employees ^''orking on such garments, " 

A hetter ir^pleraented provision v.ras included in the Coat and Suit code; 

"The term emtiloyer as used herein shall include every person 
(v.-hether individual, partnership, association or cor^^oration) 
■ engaged in the production cJid/or ^^hclesale distribution of coats 
Ejid suits, as contractor, suh-contrrctor, manufactiurer, suD-raaiiu- 
facturer, wholesaler, or johher..., 

"It is recognip;ed that in the Eastern and "i'/estern Areas the 
methods empl03^ed to a very large erctent in the production of garments 
in the coat and suit industry necessitate the emplo^nnent of con- 
tractors and suh-raanufi ctm-ers. Accordingly, a,ll firms engrged in 
the coat ;;jid suit industry -"'ho cause their garments thus to he ma.de 
"b;r contractors and suh-raanufacturors as aforesaid, shall desigurte 
the contractors actually required, shall confine and distrihtite 
their uork equitahly to and among the;:, and sJitill a.dhere to the pa^i"— 
ment of rs.tes for siich iroduction in an amount sufficient to enable 
the contractor or suh-ma-nufact-orer to pay the employees the vra^ges 
and earnings provided for in this Code, together \7ith an allona^ice 
for the contractor's overhead. To insure the ohsorvance of this 
provision, the committee named in this Code, together vrith the 
Adiinistrator , shall formulate provisions to carry into effect the 
pur^iosc and intent hereof," 

A fer- codes prohibited or restricted contra.cting of la.bor services, 
particu.la.rly rrhen the wo\iLd-be contractor vb.s an employee. Tlius the 
provision in the Putrolerm code cited .and this from the Bitu-viinous Hoad 
Liaterials code: 



9303 



-365- 

"ITo mem'ber of this industry ' shall, directl;", or indirectly'-, 
svJblet solsl7 the lahor, ssryices reimired by any contract secm-ed 
"b;" such jnenter. " '• • 

Posting; of code -orovicions.- Five hundred codes scattered 
through ell hut the Fuel and Finance groiips, reojaired that all or pa,rt 
of the sjoplicahle code he posted in places of emplo^rment. Sometimes the 
size of t3~pe in vhich the "oostojr ^7^13 to he printed ^r'as specified (lO 
point or larger); sometimes printing in more thejn. one language was re- 
quired; sonetines the location of the poster vas stipulated. Many codes 
required the names and addresses of the nearest piece to report viola- 
tions. Some specified that all amendments and. modifications were to he 
made ;puhlic. 

The first code to have such a reouirenent was Code Ko. 7, Corset 
and Brassiere: 

"Each person shall pest in s. conspicuous place in each work 
room ii'i his factory Sections 3 and 4 (V/ages and Hours) of this 
code, " ■ - 

Code 318, Wrecking and Salvaging, required that "the posting shall 

he in conspicuous places hoth in the yard and on the sites of all 

wrecking operations." And the La\mdry Code stipulated posting"adjacent 
to the tine clock or enrolovees enti^ance, eaw. at three other oroninent 
locations. " 

Posting of codes was prescribed also in three Administrative Orders. '(*) 
These orders required that hours of laoor, rates of pay and other con- 
ditions of er.iplo;Tj£nt as well as directions for filing complaints he 
posted, so that they were "freely aiid conveniently accessiole to all 
empl03^ees," All amendments, modifications, exemptions, stays, etc., were 
also to he -posted. The Administration took on the res-oonsihility for 
preprJTing posters, the work heing dons hy representatives of the Legal 
Division and the Lahor Advisory Board staff. 

Ho dismissals for com-jlaints .- In 97 codes there was a pro- 
hihition agrlnst em-ijloyers dismissing their rrarkers for making complaints 
regarding alleged violatiens of the codes. Code JSo. 425, Manganese, 
stated it the usxial way: 

"Uo employee shall he dismissed 'hj reason of making a complaint 
or giving evidence -ith respect to a violation of a code." 

The llotor Yehicle iiaintenance code said, "dismissed, demoted, or other- 
wise discriminated against," 

This matter also was covered in an Executive Order(-*) iiliich 'f orhade 
dismissing or denoting of emplo^'ees for making a complaint or giving 
evidence •-■ ith respect to an alleged violation of an}?- code, 

i*) ITo. X-6, Codes of Fair Com-oetition, Vol. YI, p. 652; Ho. X-7, 
Yol, YII, pp. 721,722; No,'X-82, Vol, XY, p. 552 

("**)i:o. 6711, Codes of Fair Competition, Vol.. X, p, 349 
9803 



-S66- 

IV . FHovisioiis ai:-LATi:iG especi all y to rouEii 

I'osex diffei-entia l.- Aliiost four tnindred codes (391) declrxed 
thj.t taere should "be no sex difl'erential for ■.'omen doing the sciue \7orh cs 
men. This clause './as first f o- .nd in Code ITo. 20, Salt producing: 

"The differential in the waf^e rate paid in the Salt Producing 
Industr^r to male and female lator is not intended to, nor sho.ll it 
operate to discriminate in v/ages on account of sex. "here females 
are employed at the same 'cind of vrork as males, and produce the 
zone aiiount of \7oi'k, the;/ shall receive the same pay." 

Variations of the provision '"ere: 

21. Leather — The foregoing minimum rates (35^- for females and 
40.; for males) are not a discrimination ^by reason of sex but "becp-use 
of difference in the '.Tork of the industry. TJhere women do the saiae 
kind and amount of v/ork as nen they shall receive the same -Te^-es." 

30. Linoleum ;nd Pelt Base . — "The rates of pay" shall not...Le 
considered as a discrii.iination oy reason of sex and '."here in axij case 
T'o/ien do the same 'Tork, or perform substantially the same du.ties as 
men during the hours that they are legally permitted by State laus to 
"be employed they shall receive the same rate of vrage as men receive 
for doing such • -ork or performing such duties. 

84. Fabricated lietals — "YJhere female employees are used to re- 
place male employees perf or ling certain classes of ".7ork, such fema,le 
emploj'-ees shall be paid the rates of pay in effect for the male em- 
ployees at the time of such replacement." 

445. Canning — Peme.le employees performing substantially the 
same uork as male emplo^/ees shall be paid at the sajae rate of pa;'" as 
male employees; provided that occasiona-l temporary substitution of 
men on tfork customarily done by females, or substitution of m.ales 
for females during hours vhen female labor is prohibited by applic- 
able lav.', shall not require tha,t females be paid the same rate as 
the -males so substituted. 

The Paper ana Pulp code reo^uired that a description of all occupC;- 
tions in '.Thich women were 'employed be prepared liy the Code Authority and 
filed ';rith the Administrator. 

The female eo^uality clci-use was found in 133 codes with a female 
diff erential(* )i 20 with a light-work differential and 238 codes '.7ithout 
any such special '..'age provision for women '..'orkers. 

Homework provisions . — Another provision which esoeciallj'" 
effected women '.7orkers v;as one concerning home work. This occurred in 
117 codes. The general idea '.7,s to eliminate the competition of the ill- 
paid homeworker. Accordingly 69 codes prohibited homework on the effect- 
ive date; 11 codes limited the products "vliich could be mace at home; 17 
codes continued homework but with some control and t'.70 provided for 
further od_ministrative action. (-*) One rr^ther complete provision (from 
the Artificial, Flo'7er Code) is quoted below: 



(*) See chapter XII, section I. 

(-'*) Sec l^IiA and Industrial Homework by 0. T. Eosenz'weig ,:nd a mimeogicp- 
ed report on Eicceptions to the Industrial Homework Prohibitions oflTEA 
Codes, issued oy the U.S. Dept. of Labor, .Division of Labor StandarJs, 
December 9, 1935. 

S303 ■ . 



-367- 

"1, No home''or]c shall 'be permitted after May 1, 1934, After 
Jsxi.-ue.T'j 1, 1954',' no enployer shall ejiiT^lo;" more tha-n 50 percent of 
the n\miT3er of horaev/orkers emploired 'ov him a?- of September 1, ?.933. 

"2. Until Ma;;r 1^ 1934, no v'ork shall he done in sny home tuiless 
end. \intil evidence has been presented to the Code Authority, as 
a^j'ent for the Administrato-r, that ?21 State, liTujiicipal, and other 
laus pjid regtilations relating to homeiTork have been compiled rdth 
and ujiless the naries -and addres.ses of such homeviorkers and their 
employers sliall have "been filed -viththe Code Authoritjr, 

"5, The Code Authority shall file .vith the Administrator a 
list of the nanes and adcTesses of all horaerrorkers employed in the' 
, industry and shall indicate hy.miora all,..such homevorkers are em— 
piojred, . .'7"r;', ;■"■■ ■'■ ■ ■ 

"4, Ho home'.7orker slia,ll he engaged at the same time hy more 
thsjiofie employer.' ■ - , • .. 

"5, All homei"orkers she,ll he paid on the same piece-rate hasis 
as factory employees engaged in similar ^Tork. " 

There vrere maiiy controversial issues involved in .the homeTrork prohleii 
and hence maiij'^ staj/s chd. postponenents of the o-rders to discontinue 
homework, , ; ■ •• 

The Tjage provisions v/ith' reference to homenqrkers incliided (l) 
that honeTTorkers should he T)aid the minimuia rate ,e,s in the Fishing 
Tackle code, quoted in Section I -, a. scarcely, enforceahle provision 
since there nas no rray to control the hours worked tj homerforkers; (2) 
that honeuorlcers should he paid the same piece-rates as rrorkers in the 
factories, as in the Artificial Floner code quotedahove; and (S) the 
setting of special piece rates for home^orkers 2,s in the Candlewick Bed 
Spread code, • . 

In liarch 1934 a joint committee of the Depa^rtment of Lahor and the 
MA Tras set up to study the prohlem. On the recommendation of that 
committee, an Executive Order (¥o,6711-A) xre.s issued Hay 15, '1934, 
This provided: 

A person may he permitted to engage in homerrork at the same 
rate of T7S,ges as is -oaid for the same type of rrork perform.ed in 
the factory or other regiilar place of business if a certificate is 
obtained from the State authority or other officer designated b^'- 
the 'United States Department of Lahor, such certificate to be 
grcjited in accords.nce nith instructions issu.ed by the United States 
DepETtment of Labor, -provided •:■■ ■ 

"(a) Such person is physically incapacitated .for work in a 
factors'- or other reguJLar place of business and is free from anj'- 
contagious disea.se; or 

"(b) Such person is unable to leave home because his or her 
services are absolutely essential for arrehdaiice on a person nho 
is bedridden or an invalid and both such persons are free from 
any contagious disease,* 

Codes of Aair Com-oetition. Vol. X, pp, 950-951 



-368- 

Eight codes suTDsequeutl;' ■provided thrt jio homeTTork irould 'be per- 
mitted e::cept in accorde-nce r^itli the Executive order. As a natter of 
fact, tlie order "provided that no code should "be so constriied as to vie— 
■ late the regulations promulgated., 

HoiaeTTOrk provisions neve most numerous in Apparel (40 out of 45 
codes) ;Paper (24 out of 32 codes); end fabricating (20 out of 82 codes) 
tut occurred in ten other indvistry groups, 

V, OTHEH T7AGE CLAUSES I'." liAJOR CODES 

Table 56 anal;""zes other rrage clauses ii the major codes '.■'hich r.'ere 
not corjated in all the codes, 

P.e-Qorts on r-ag;es .— 'In "chapter VIII the code requirements of 
reports 07 code cuthorities on er^^erience '.7ith the hours provisions '.vere 
analyzed, i.ian^r codes had similar provisions for reports on e:q3erience 
'7ith T.T,ges, Among the major codes r-ith such provisions Trere Bituminous 
Coal, Plosier;-, Cotton Garment, Paper and Pulp, Boot and Shoe, P.estaurant, 
Baking, several supplements of the Pishery code, Scrap Iron, and! Advertis- /^ 
ing Distribution. (*) 

Other codes provided for special reports of Code Authorities on 
specific uage problems: The Dail;" Ke'Tsoapsr' code, on nages for neus- 
workers; the Lien's Clothing code, on the effect' of e::eraptions of learners 
and old ond handicao-oed norkers; the Household Goods Storage and Moving 
code, on e:rpenses incurred by employees in long distance moving; the 
Trucking code, on problem of "deadheading" and "off duty" time; the Trade 
Mounting Division of Graphic Arts, on job classification and nininum rates 
for each job and the Production Division of the Motion Picture code, on 
the status of free lance "olsyers. In the Retail Custom Pur division of 
the^'^^tail Trade code, an impart ioJ. agency ^7as to stiidy conditions in the 
trade and recommend labor 'orovisions. 

Labor a^'^reements to hold . — Some of the codes provided that 
existing labor contracts rrere to continixe in force. For Example: 

Pa'oer and Pul'o— "Labor agreements non in force between members 
riid. their employees shall be affected only by such provisions of 
this code as maj'' prescribe higher '-ages end shorter hours tliaii e.ve 
provided for in such agreements," 

Cotton G-axment — •"Eothing in this code shall be construed to 
interfere ^dth, alter, change,) or abrogate ajny existing contract 
bet\7een emplo^'^er and emploj^ee in respect of T'ages above the mini- 
mum, or houjTs belorr the ma:ciinum herein provided. " 

Dail"'- ile-'s-^a-per stipulated that code orovisions rould not hold "rrhere 
compliance nould violate a contract no';; in fu].l force and effect '■'hich 
contract ca:inot be revised exce'ot b"'' -lutual consent." Kor d.id labor 
provisions of the Household Goods Storage and Construction codes super- 
sede those "established for specific projects by competent governmental 
authority acting in accordance '.7ith lai7. " 

( *) As a result of re'oorts thus called for, minimu'ii Tra.ges were raised 

in Bituminous Coal, Cotton Garment, Paper and Pulp (see Chapter X, 

Sectioix IY) 
9803 



-369- 



&3'ecial 'oroTj lems in •jarticiil;"'..r inc istrie-'S. - Tlie -orovic::ons 
in the major codes illustrote v.-hat tne coclern?Icer did to .■^ii.ip.rd aga,inst 
s'oeci'l -.rooler-.s' in v~rious induGtries, , oi' to perpetuate certain 
c-astoms in the industry. Sone of these are listed Taelon: 

■ Hosiery - "The :>r-.ctice of rec^uiring or permitting a, knitter 
to pay part or all of the nages of a. hnitter helper is prohihited. 
The full \7ages of all emiDloj^ees shall "be paid ty the e-qjloyer, " 

Bitiominous Coal - "The miners shall hs,ve the right to aclieek 
weighnaji, of their own choosing, to inspect the '-'eighing of coal'. ■ 
Provided, that where mines are not .nov; equipped to \7eigh coal a 
reasonable time may te allo'ved to so eq;aip SLich mines; ojid "orovided, 
that in any case where rates of pay are b--sed On an^'" other method 
th.an on actual weights, the miners shall have the right to check the 
accuracy and fairness of the- application of such methods, by 
•representatives of their own choosingo" 

Cement C-uci (Sup'olemfint to Construction code ) — "All Cement 
G-un Contra.ctors shall pay tranS^oortation charges and other expenses 
incurred by iJoz:zlemen already in their employ while traveling in 
joursuance to their employment, "' 

J'.'xriers Suio^lies Trade (Supplement to Wholesaling) — "Every 
employee sha,ll receive a vacation vdth full pay two weeks out of 
every 52 weeks' period with the following exce-otion: ^Irrand boys 
shall be given one \7eek's vacation cat of every 52 weeks' period 
with-two weeks' 'Q^l't T.o employee who has been regula^rlj'" employed 
in the same establishment for one year shall be discharged without 
two wepks' notice; and\ no employee who has been erroloyed in the same 
esta.blishraent for two years or i.iore shall be discharged without one 
month's notice." 

Fu r 'iTholesaliriga nd Dis tribu ting Trade — "Every employee shall 
receive a vacation with full pa:,", two wer-ks out of evevj 52 week 
period, !To employee who has 'bei.'-a. reg'/iarly employed for eight weeks 
with any one establish-nent nay be discharged without a dismissal pay 
of two weeks in advance," 

Advertising Distributing Trade — "I'o m-ember of the Trade 
shall employ a carrier during ar^y portion of any day at less than a 
wage equivalent to tha,t which such employee would be entitled to 
receive for three w^orking hours; provided, however, that in case of 
inclement weather this lorovision shall have no applica,tion. Aaiy 
rest Pe"ri6d vfhich nej be given employees shall not be deducted from 
such employee's working time. Transportation expense incident to 
the work of a carrier shall be furnished by the employer," 

Motion Picture (Production' Division) — "Transoortation to and 
from location shall be paid to 'erctrp, players. ' There shall also be 
....paid to 'extra pla^'ers ' for intervie'/s jind fittings the payments 
provided for in Order 16-«A of the Industrial Tfelfare Commission of 
the State of California; except that in the event that any inter- 
view extends bej^ond one and one-half hours, the 'extra player', 
although not engaged, shall receive not less than one_.fourth of a 

9303 



-570- 



day' s p'^;'', and if hivj interviev.' i^aall e- te:id "beyond two hoiirs, the 
'extra player' shn.ll rrc(^ive .■■•n ■iddition'-l ''-nc"fourth cf a day's 
pay for every additional t .0 Iv ars or I'ractiLii thereof," 

"Ko one shall "oe emiloyed os an 'extra olayer' or 'ataosphere 
worker' who is a dependent Tnemljer of the innediate faJTiily of any 
regiiiar employee of a notion-plctiu'e company, or any -oerson who is 
not ohliged to depend upon erctra vork as a mean, of livelihood, -un- 
less the exigencies of production reasonahly construed, require an 
exception to he mads, And further, no one shall he employed as an 
'extra plaj'er' or 'atmosphere worker' on accoimt of personal 
■ favoritismo 

Motion Picture ( fix hihition Division) — • "Transportation of the 
chorus when required to travel, including traJispor cation from point 
of orgajiization a,nd hackj including slee-cers, shall "be paid "by the 
employer whether Exhihitor or independent, contractoro The £:-hi"bitor 
or independent contrpctor shall furnish the choruSj withoit charge, 
with all hatSj ccs-cumes, "rjigs, sho-^^s, tights, and stockings, and 
other necessary stage wardro"be, e-:cepting street clothes." 

VI. ETia.iiRY 

It would "be very d.ifficult to appraise how much' these miscellaneous 
wage clauses meant in maintaining or raising lahor st,?zidards in the. 
codified Industrie Sr Kcu^e of them -• notahly the homework -orovisions - 
were not self' enf oix'ing ojid needed special pd.minictra.tive follow-up* 
The effectiveness of other provisions - notatly the contracting pro- 
visions and the reporting on the result of the minimum v/age provisions - 
depended on the Eeal with which the Code Authority concerned followed up 
the pro"blem, 

Adm.ini strati on policy developed to the point of Executive or 
Administrative orders cow'sring four of the clauses analyzed in this 
chapter: minimum wages to co^'^r pie^je workers; lahor provisions to he 
posted; no dismissal or danotioa of ei.roloyeos for malcing a complaint of 
alleged violation of a code; and homework limited to househound women 
free from contagious disease. 



9803 



-571- 

,':'■■■' CHAFTSR XVI 

SUIvMjaiY 3Y G-BjUP S 01^' IICT^USTRIES 

Tiius_ i£-a- the wage ^^rovisions of tiie codes lia.ve "been discussed in 
teras.' of tJ.ie -oaxticular vrroxip effected "by the provisions - mnle produc- 
tion norkers, fenale production workers, office snd clerical workers, 
office 'boys ?nd girls, lecirners, an-oreiitices, old and handicap-oed workers, 
workers in the higher .brackets, etc. , It is now. proposed to summarize 
in tex'.ms qi the -Drevailing pattern in each industry group, as wa,s done 
for hours .provisions in Chapter IX, The su-oirapry is in terms of the xiage 
/orovisions for "ba.sic employees -^nd the devices used to provide elasticity 
in tlie wage structure.* .Attention it naid also to the -provision for 
wages above the minimum.. ¥hen, statements are m.-'de concerning less tha,n 
average use or more 'th.,an avernge use of various ^orovisions in certain 
groups, it shou].d be kept in mind that the codes as a whole used the 
provisions s-s indicated below: , . . , 



Percentage 



provisions 



Codes. 



employees 



Differentials in rt^tes of 






^ ' -.- 


basic emrjloyees 


: 51.3 . 




80,8 


Subminimum rate for 








female workers 


! 27.5 • 




16.6 


Learners 


i. 36.9 




47.7 


A-o'orentices 


: ■ l2ol 




■ 5.5 


Old an.d handicapped 


:. 65.1 




39.0 


Jujiiors 


5.0 




20.3 


Office boys and girls ' 


: 46.2. 


--'-'■' 


25.3 



Hetals codes . - Practically all the emnoloyees (576, ono) in the 12 
metals codes were in ccaes with differentials. The influence of the 
Iron and Steel code (420, OOn employees) ,'is seen in the pre-dominance of 
the 40r^ top rate and the 2652^ bottom rate. Several smaller codes followed 
the pa.ttern of the Copper code, with its 4:7-§ff/3'^':/: rate. The group made 
less than, average use of female differentials and of old and handicaroped 
worker .exemptions. However, It made more. than average use of provisions 
for learners, apprenticesj and office'boys. Iron and Steel ha.d a loose 
lesjrners eiiemption; Copper, an exempt ion for handicapped workers and for 
apprentices, an $18 office rate, and a. $14^40 office boy rate. With re- 
ference to rages above the miniE^i:!m, tiie. Copper .code provided for main- 
taining differentials and the 10 small codes for some sort of equitable 
adjustment, but the wages in the higher brackets figu-res for the group 
Were dominated by the Iron and Steel provision that wages need not be 
increased the 15 percent required by the. code- i:^,. that would raise them 
.above siizilcx em-oloyees in. the same wage district. .... 

ITon-aetallic MineraJ-s codes ...- The 53 ron-Xuetalllc Minerals codes 
(448,000 employees) included 11 codes without differentials, but these 
.covered only 23,000 employees. The •predominant top rate was 4:0(t though. 



This chapter is ba^sed particularly on tables 46, 43, 56, 60, 63, 69, 
70, 71, 74, 80, 81, 83, 84, 



9303 



-o72- 

164,000 employees V7ere in codes witli loT^er top rates; the predominant 
"bottoa rate vas 30 to 34^? but 1^0,000 workers were in codes with a "bottom 
rate lower than 25rf. The groun made less than average use of suhminimuin 
rates excepting those for hpzidicapped workers. Most of the codes provid- 
ed for some sort of equitable adjustnent but more employees were covered 
by provisions to maintain dirferentials. The only major code in this 
grou;o was Structural Clsy (94,000 eirroloyees) with a 37hi/24:(/; rate, no 
subminimuin rates, and a -orovision for maintaining existing wage differ- 
entials* 

Fuel codes . - The five Tuel codes (with 1,429,000 employees) in- 
cluded a small code with a flat 40^ rate and four major codes with 
differentials. Bituminous Coal (68.9(/!751 o4'i); Petroleum - Production 
Division (52^/45f;}; and Marketing Division (47.;j/40(^) accounted for 844,- 
000 employees in codes with a basic minimum • over 40rf in the high wage 
area.s. However, the Filling Station Division (534,000 employees) had 
low hourly rates {Zl-^s 1 25ip) partly compensated by longer hours. The 
Production and Marketing divisions had office rates of $18/$16 and the 
Production division an office boy rate of $15/$12« The Fuel codBs'-^riad 
no other subminimum rates. 

With regard to^ wages above the minimum, more than half the employees 
in the grouro v^ere in basing point codes (Bitiuainous Coal and Petroleum- 
Production division). TheFilling Station division code provided for 
maintenaiice of weekly earnings and of differentials; the Marketing divi- 
sion code, for an equitable adjustment. 

Forest Products codes . - The 17 Forest Products codes (606,000 
employees) were completely dominated by the Liimber and Timber Products 
code (568,000 employees) with its 50(i/23(f; rate, a female differential 
in one division, a junior rate in another, no other subminimum rate, and 
a provision for maintaining differentials. The other 16 codes in the 
the group, covering on].v seven percent of the employees, had lower top 
rates and higher bottom rates than Lumber and Timber Products. 

Cheaical codes ^ - I ineteen of the 33 Chemicals codes (228,000 em- 
ployees) had no differentials but four-fifths of the employees in the 
group were covered by 14 cooej? with differentials. The only major code 
in the grouo was Cheraii-Bl MaJiuf acturing (68,000 employees) with a 
40r^/25p basic wage, a vl6/$14 office wage, 80 percent rates for learners 
and olo. and haxidicapped employees, and no provision whatever for wages in 
the higher brackets. The entire group of Chemicals codes made more than 
average use of female differentials, learner provisions, and old and 
old and hazidicapped e"emptions-. It was the only group with more than 
50 percent of i'ts emTolo^ees in codes with no positive requirement for 
wages in the higher biacketso 

Paper codes . - The 32 Paper codes (294,000 employees) had a rather 
narrovr range of wage provisions. About 35,00n employees were in 14^ 
codes without differential. s, with minimum rates from 35(^, to 41-2/3. The 
other 259^000, were in, 18 codes with top rates of 38-;i- to 40(;' and bottom 
rates of 27 r:? to 35^. The only major codr was Paper and Pulp, (128,000 
employees) with a 40,,/j/32.'; rate and a 35.*/3<\,.} female ra'te (the lower rates 
raised by amendment), a ^16/$14 office rate, and an 80 percent rate for 
old and handicapped employees. The grouo as a whole made little use of 

9803 



-373- 

learner provisions "but verj'- general .use of feraa]-e differentials and old 
and handicapped provisions. Three-fourths of the codes had homework pro- 
visions. Over 92 percent of the employe^^ .were in codes providing for 
adjustments of wages above the minim-um vhich were "equitable ' in the light 
of all the circumstances," ,.,■.-, " ' ' ' 

Riiooer codes . - The iluhher 'codes (.^. ppjies_,_ 1,55,W0 emplgyees) are 
notenorthj'- in having more than, half of th.ei;t". employees in codes without 
differentials. The distribution is explained mainly by the major codes, 
Rubber iviaiiufacturing (74,ono) and two small.. codes, 35^^ and Rubber Tire 
(75,000) 4Pd;/35<p. The Rubber codes had no female differentials, but all 
had leaxner and handicapped worker provisions... .The two major codes and 
one other PEA office rates ($15/$12) and,. 80 percent office boy rates, ■ 
All but one small code in the group provided merely for equitable adjust- 
ment of wages in the higher brackets. 

Equipment codes . - In the 92 Eouipment codes (1,686,000 employees) 
40^ was prescribed as a flat minimum rate in 46 codes and as a top rate 
in 31 other codes. None had a- flat rate or a highest rate under 35^; 
only two co6.es had a lo¥/est rate under SO^^, Pive major codes, covering 
over 60 percent of the employees, had basic rates as., follows: 

Automobile Manufacturing, ,.,... .■,i,>4-47, 000 emploj'-ees 4:Z^/4:Od: 

Electrical Vianuf acturing, , .•,-. ,^329 ,000 employees 40^/Z2(i 

. Machinery and Allied Products., .^v. .,■ 94,0.00 'employees 40(^/32r/J 

Aatomotive Parts « i-. •,: 79 ,000 '.employees 40(f:/28ti 

Sliipbuilding v . ..;. ■35,000 employees 45^/35^- 

In terms of total employees covered byihhe codes., the Equipment ■' 
codes made more than average use of fema3.e differentials (Automobile ^ 
and Automotive Parts among the major codes); of learner provisions '(the 
same two codes and Electrical Manufacturi-ng.) ; of. apprentice provisions 
(Machinery and Allied Products and Shipbxiilding) ; and of office boys 
rates (ElectricalManufacturing, Automotive Parts .and Machinery and 
Allied Products). The Equipment codes made, slightly less than average 
use of handicapped worker provisions; Machinery and Allied Products and 
Automotive Parts were the only major codes with such provisions. 

Eifty-nine codes covering more than-half the employees in the 
group provided for some sort of equitable adjustment of wages above the 
minimum,- These included Automobile Manufacturing and Automotive Parts, 
nine codes covering 30 percent of the employees provided merely for a. 
report on wages above the minimum. These included Electrical Manufactur- 
ing bxiCl Machinery and Allied Products, The Shipbuilding code provided 
for maintaining differentials and partly maintaining weekly earnings. 

Eood codes , - The 48 Food codes (1,146,00.0,, employees) had an un- 
usually wide rante of minimum wage rates -■ fl9,1i,.ininimuni form 15^ to 45^^; 
top rates of 16-|-(!J to 534-^-; bottom rates from 15^, to 40i.. Less than' 10 
percent of the employees were- in 20 codes without differentials* "The 
seven major codes had differentials as follows:. " ■' ' - 



980;; 



-374- 

Fishery 300,000 employees 53^(#/29^ ' 

Baking 186,000 employees 40rf/35^ 

Ice,, 100, 000 ■employees 324^/23^ 

Canning 99,000 employees 40rf/25(# 

Bottled Soft D]^ink 93,000 employees Z2\'(f:l'30(p 

Cigar Manufacturing. ..,.,.,, 84,000 employees 2>4:<t: 1 25(f: 

Grain Exchanges *. 50,000 employees ^ 35, 9^/27, 3(* 

I 
( 

The Pood codes used female differentials and old and handicapped ex- 
emptions more than the average, and learner provisions, less than the 
' average. Among thp major codes. Baking, Canning and four of the Fishery 
supplements had female differentials, only three of the Fishery supple- 
ments had learner provisions, and Baking, Canning, Bottled Sofe Drink 
and four of the Fiiihsry supplements had old and handicapped provisions. 

Many of the Food codes had higher than average rates for office 
workers; while these codes made more than average use of office "boy 
rates, the rates ran higher "than average. 

There was a wide range also in provisions for wages in the higher 
"brackets in the Food codes; Twenty -nine, codes covering 42 percent of 
the emroloyees put emphasis' on maintaining weekly earnings. These in- 
cluded Orain Exchanges, Baking-,' and' Bottled Soft Drink, the. latter two 
maintained weekly earnings' only if hours- were, cpi.t no. more than one-sixth» 
Five codes including Canning provided- for. m.ain.taining differentials* 
Nine codes covering another 42 percent of the employees provided for 
various t^/pes of equitable adjustment. These included Fishery (equita- 
ble differentials). Ice (no reduction in hourly rates), and Cigar Manu- 
facturing, 

Textile Fa'brics codes . - The 40 Textile Fabrics codes (1,024,^00 
employees) included 23 without differentials but these covered only 11 
.percent of the employees in the group. The majority^ of the employees 
in these 23 codes were- in codes *ith 30 to 34(^ minima. In the 17 codes 
with differentials 30 to 34(# was top rate in codes covering over 700,000 
employees; 30 to 34rf (usually 30(zJ) was bottom rate in all. These codes 
made little use of female differentials, but more than average use of 
learner amd of old and handicapped provisions. Some had submimimum 
rates also for clearners and outside workers. 

The three major Textile codes-,- covering three-fourths of th^- em- 
.ployees in the group, were Cotton Textile and Silk Textile with 32h/zCid: 
rates; learner and h3ndica.pped provisions and Wool Textile with 35(^/32-tf:- 
rates and no subminima. 

Over three-quarters of the employees in the group were in codes re- 
fjuirlng the maintenance of weekly earnings. These included Cotton 
Textile (which required the maintenance of differentials also). Wool 
Textile, and 14 smaller codes. The Silk Textile codo qualified its 
maintenance of differentials with the statement that no employer need 
increase wages beyond those maintained by competitive employers #io had 
increased their wages. 



9803 



-375- 

Te::tile Apparel codes . - It was pointed out in Chapter IX that the 
Jippaxel codes had unusually tight hours provisions. Their wage provi- 
sions were also unusually stringent not so much 'because of high minimum ^ 
rates but "because of the :requirement of specific rates for skilled oc- 
cupations. Three-fourths of the employees in the 45 codes (996,000 em- 
ployees) were in class I codes with. wage schedules or "basing points. So 
far as minimum wage is concerned, ,t Ms group is distinguished "by having 
more than one-fourth of its employees, in 27 codes without diff erentirls 
and almost one-half of these in three 40^ codes. In the codes with 
differentials, 40j# was the top rate and 30 to 34^ was the "bottom rate 
covering the largest num'ber of employees. 

These codes made practically no use of female differentials in 

their minimum wage rates though several had female differentials in 

their schedules of skilled rates. They made more than usual use of 
learner and handicapped workers provisions. 

The major codes included were: 

Cotton Garment............ 200,000 employees 36.1(^/33-1/3^ 

Men's Clothing 150,000 employees 40rf/37^ 

Hosierj^ • 130,000 employees 32^(#/30fif 

Dress '. 88,000 employees 4,0^ 

Infants' and Childrens' Wear.,*. 75,000 employees ^OilZOi 

"Underwear and Allied Products... 50,ono employees 32|-(;j/30(^ 

Of these, all "but the Dress code had a provision for learners "but 
the Men's Clothing provision applied only during the first three months 
after home work was a'bolished. All hut the Hosiery code had a, suh- 
minimum rate for handicapped workers. All "but Underwear and Infants' 
and Children's Wear had a schedule of wages a'bove the minimiom. Under- 
wear - in many ways more like a Fa"brics code than an Apparel code - 
provided for maintenance of weekly earnings and of differentials; In- 
fants' and Childrens' Wear for mainter^nce of earnings if hours were 
reduced 20 p.^rcent or less. 

The Textile Fabrics codes made mare than ordinary use of miscellan- 
eous wage clauses, especially those concerned with regulation of con- 
tractors ajid of home work. 

Leather and Fur codes . - The situation with reference to the 11 
Leather and Fur codes '(309,000 employees) wp.s dominated "by the Boot 
and Shoe code (206,000 employees) with its Z7^(p/Z2^^ rate and the Leather 
code (52,000 employees) ■40^/32i-(2J. Both codes had suhminima for women 
workers, learners and handicapped workers. There was no consistent 
pattern. for wages in the higher "brackets; Boot and Shoe required merely 
an equitable adjustment; the Leather code, the maintenance of weekly 
earnings, 

Fa"bri eating codes . - The 82 Fa'bricating codes (1,250,000 employees) 
included 58 codes without differentials "but they covered less than one- 
fourth of the employees in the group. Thirty-nine.- codes prescri"bed a 
f^^t 40(* minim-uin. 'Dut they included only 150,000 employees. The 24 codes 
without differentials covered: 942, 000' employees. All the top 
rates were 30 to 40^ 700,000 employees were in 15 codes with top 
9303 



-/376- 

r?.tes of 40f5. .All the tottom rates '--ere 25 to 36rf; employees were in 
t'lree codes with "Bottom rates of 25 to 29rf. 

The four major codes in this group -^rere: 

' ' rabricated retal Products.'. .,.. .413,000 employees 40rf/28^ 

Furniture 'I'lanufacturing '....193,000 em-oloj^ees 34i;^/30^ 

G-raj'-- Iron Foundry 80,000 employees 40/25^ 

Steel Castings..-. ... .'.. 50,000 employees 40/25(# 

The Fabricating codes used all the subminiraura rates more than the 
average. In the major codes, only Fabricated Tetal Products had a 
female differential; however, all but Steel Castings had a learners' late; 
all but- Furniture an office boy rate; all the codes, a provision for 
handicapped TTorkers, "' 

As to T7ages in the higher brackets, the 92 codes we-''e scattered 
through 10 of the 12 classes set up. Furniture and five smaller codes 
(covering 17.7 percent of the employees in the group) required mainten- 
ance" of weekly earnings; Fabricated. iJetal. Products and 11 smaller codes, 
(37.6 percent of the enployeee) required. maintenance of differentials; 
Gary Iron Foundry and 40 smaller codes, (alpiost a qp^-xtgr of the emplo^'^ees) 
stipulated same variety of equitable adjustment; Steel. Castings (with 
a provision like the Iron and. Sieel code) and 20 smaller codes (17.6 per- 
cent of the employees)' made no- positive requirement for wages in the higher 
brackets. Two snail codes had wage schedules or basing -ooints. v, 

Graiphic Arts codes . ~ The story of the six G-rai3hi.c Arts codes (375,000 
emplo?/ees) is 90 loercent the story of two codes; Graphic Arts (232,000 
employees) and' Daily Newspaper (106,000 employees). The first was a 
40^/30(^ code; the second, a 40^!? code. The Trade ^^ounting division of Gra- 
phic Arts had a female differential; Daily TTewspapcr had a learner pro- 
vision and Graphic Arts, an old-fashioned apprenticeship provision. Both 
codes exempted old and handicap~ied workers. These two major codes and 
tvra others in this group provided wage schedules for workers in the high- 
er brackets, reflecting the union wage schedules which prevail in these 
industries in many communities, : . 

Construction codes. - This group of 10 codes (2,565,000 emplo^'^ees) 
is dominated by the general Construction code with 1929 emploiTient of 
2,400,000. This one code contributed almost three quarters of the em- 
ployees in the 153 codes with a flat 40^ rate. With two smaller codes, 
it conbributed more tlian 55 percent of the employees in the 261 codes 
with flat rates, TTith one smaller. code it contributed two-fifths of 
the "wages-in-the-higher-brackets. class I codes; its unique provision 
■^as-for local collective bargaining resulting in local wage schedules 
for skilled workers in th§ va.rious crafts. Its only subminimum was an 
old and handicap-oed workers exemption. 

Transportation codes . - The 13 Transportation and Comw-mications 
codes (1,751,000 employees) included three without differentials, co- 
vering a negligible 6,500 emplojrees. The Trucking code (1,200,000 em- 
ployees) with its 40(^/25(^ rate dominated the codes with differentials. 
Other major codes were: 



9803 



(1 



-577- 

Transit. ■...-.<:.•. .^ .... „26'i, OCX) employ ses 40<^/3r)^ 

Household Goods Storage^ ,". .'. ol20,n00 employees 60(^/Z0^ 
Motor Bus /o , 85,r00 enployees Zl^jl25(l; 

These Transportation codes had no female differentials; they made 
more than average use of learner provisions (Trucking and Transit from 
the major codes) and of old and handicap'oed provisions (Tnj.cking) but 
less than average use of office hoy rates (Transit). Motor Bus had no 
suhminimum hut an exemption for porters. Trucking had a hasing point 
for dirvers as to wages ahove the minimura, .and skilled labor; Household 
Goods Storage and lloving, a requirement for maintaining earnings if hours 
were reduced 15 percent or less; Motor Bus required equitahle adjustment 
with no reduction in hourly rates and Transit had no provision trhatever 
for wages in the higher brackets. 

Finance codes . - The wage pattern i n the five Finance codes . 
(374,000 employees) wa.s verjT simple. There were no codes without 
differentials; the top rat'e was .37-|- or 36,3jz5; no bottom rate was set for 
small communities except -in Savings, Bu:lding and Loan, 30^. There were 
no office rates (the basic -r'ates were replly office rates, expressed in 
the codes in weekly amounts-)'; no office "boy -rates; no female rates; no 
old aiid handicapped 'rates, - Two codes,, including the Bankers code with 
300,000 employees, had learner provisions. All the codes provided for 
maintenance of weekly earnings, 

Recreation codes o - The five Eecreation codes (459,000 employees) 
included two major codes with very different wage provisions, Ilotion 
Picture (279,000 employees) had minimum rates of 40/25c*, and Bowling and 
Billiard operating (150,000 emplojrees) 28o8(iJ/21,l(^. The Recreation codes 
included no female differentials, no .learner, office boy or handicapioed 
worker provisions. One small code (ilotion Picture Laboratory) had an 
apprentice provision and Bowling and Billiards Operating had a sub- 
minimum for ball rack boys, Uith reference to .wages above the minimum, 
the Bowling and Billia.rd code provideoi for maintena,nce of weekly earnings 
of employees whose weekly hours were cut less than 20 -oercent; the other 
codes had elaborate schedules of wages above the minimurai 

Service Trp.des codes . - One-third of the 12 Service Trade codes 
had no differentials but these four codes covered only 31,000 of the 
854,000 employees in the group. The six major codes which covered al- 
most 90 percent of the employees of the group had differentials as 
follows: . . . • . , , 

■Laundry Trade , . . 233, 000 • ZO^jl^ 

Barber Shop Trade .,200,000 35.45^/25^ 

Cleaning and Dyeing.-. . . ...... i 110,000 33(^/20^ 

Advertising Distributing 100,000 30(^/27^^ 

Real Estate Brokerage 70,000 37-|(/?/30^ 

Photographic Finishing. ..........:..'..... 55, 000 37^^/ 55(* 

'These codes were responsible for the predominant top rate (30 to 34(p) 
with 35 to 39^ next and the predominant bottom rate (25 to 29tp) with 
iinder 20^ next. These low rates were compensated for somewhat by a 
slight use of subminimum rates; no female differentials, learners only in 



9803 



photographic Finishing; apprentices only in Barber Shop Trade; office 
hoys in Photographic Finishing and Real "^^state Brokerage; and old and 
handicapped in Real Estate Brokerage. In provisions for rfages above 
the minimum, these major codes were in three groups: Barber Shop, to 
maintain weekly earnings; Cleaning and Dyeing, Advertising Distributing, 
Photographic Finishing, to maintain earnings if hours were reduced by 
no more than 20 percent; Laundry and Real Estate Brokerage, to maintain 
hourly rates and adjust wages equitably. 

Wiolesale. Trades codes . - The 24 Wholesale codes (1,127,000 em- 
ployees) included 11 codes without differentials, only one of which was 
a major code (Alcoholic Beverage TTholesaling with a 45^ minimum) and four 
major codes and nine smaller codes with differentials. The top rate in 
codes covering the majority of employees was 35 to 39^ due mainly to the 
general TITholesale code with its 460,000 employees and 2>7^</:/32h<p basic 
rate. Next as a top rate came 30 to 34^ (Scrap Iron, 180,000 employees, 
32-|(/5/27^/; Wholesale Food and Grocery, 113,000 employees, 34^/20. 4(if; 
Wholesale Fresh Fruit and Vegetable 93,000 employees, 33~l/3(zJ/25^). 
Among the bottom rates, 30 to 34(^ predominates, then 25 to 29^ and under ' /l 
20^. In terms of total employees covered by the codes, the Wholesale 
codes made more than average use of provisions for learners and junior 
eraplo3''ees and less than average use of other subminimum rates. Learners 
and juniors were provided for~in the general Wholesaling code and 'Thole- 
sale Food and Grocery; office boys in TJliolesale Fresh Fruit and Vegetable 
and Alcoholic Beverage Uholesaling; old and handieap'oed employees in t he 
last i;hree codes nentioned. Over 93 percent of the employees in the 
Wholesale codes were in codes providing for maintenance. of weekly earnings, 
though the general ITholesaling code -orovided for maintenance only '"'hen 
full time hours were reduced 'by less than 20 percent. The Alcoholic 
Beverage and Fresh Fruit and Vegetable codes provided also for maintain- 
ing differentials. 

Retail Trades codes . - The retail codes "(23 codes, 4,779,000 em- 
plo2''ees) were distinguished by the largest nu:nberoof empldyees in any 
group; the second largest code (the general Retail code), and the ^ 

largest nvimber of major codes (ll) in any group. Five codes were listed ^ 
as having no differentials - among them was major code Kotor Vehicle 
Maintenance with a 50;# minimum. The influence of the general Retail code 
with its 1,843,000 employees is seen in the predominance of the 35 to 
39^ top rate and the indefinite bottom rate. Over a million employees 
worked under codes providing top rates of 30 to 34^ (Retail Food and 
Grocery, 31.2(#; Retail Heat, 31,2^/20.8j!J; Ilotor Vehicle Retailing and 
Motor Vehicle Storage, 34^^/29-1^) and 900,000 under codes providing top 
rates of less than 30?J (Restaurant •29.-45z'/-15. 8^ 'and Hotel "27.7<!J/20.8^)/ 
At the other extreme were 632,000 employses 'in "dodes requiring more than 
4**^ per hour in the high wage areas:' 'Bui'lders Supplies 60(zJ/25(#; Retail 
Lumber 505i/35(^; and Retail Solid Fuel, 50^/25^. 

The Retail codes had eight special office rates (a larger than 
usual proportion); and these included three top rates of $20 in Builders 
Supplies, Retail Lumber and Retail Solid Fuel. The two latter, however, 
had a lower rate for clerical lea.rners. The Retail codes had no female 
differentials; a smaller than average percentage of employees in codes 



9803 



-379- 

TTith old and handica.poed provisions (though such provisions r'ere included 
in Retail Lumter, Retail Solid Fuel, Su'ilders SupTjlies, I'otor Vehicle 
Storage, Motor Vehicle Maintenance, and Motor Vehicle Retailing). 
However, these codes had a larger than average proportion of employees 
in codes ivith learner provisions (due mainly to the provisions in Retail 
Trade, Retail Food and Grocery, Motor Vehicle Retailing, and Retail 
Lumher) . 

Fourteen codes covering almost three-quarters of the employees in 
the Retail codes required maintenance of weekly earnings; these included 
seven major codes; Retail Trade, Retail Food and G-rocery, Motor Vehicle 
Retailing, Hotel, Retail Lurnter, Retail lleat and Builders Sup-olies. 
Six codes, covering one-quarter of the employees in the codes provided 
for partial maintenance of weekly earnings; these included the other 
four major codes, Restaurant, Retail Solid Fuel, Motor Vehicle Storage 
and Motor Vehicle Maintenance. 

Territorial codes . - The seven Territorial codes, (124,000 employees) 
covering only 0.5 percent of the employees under codes, were distinguish- 
ed ty low wage levels. The only major code was Needlework in Puerto 
Rico with .a 12-^(zJ mini'ium rate, suhrainima for learners and for old and 
handica