BOSTON PUBLIC LIBRARY iliiiii s/3$/pt.£ 3 9999 06542 029 9 OFFICE OF NATIONAL RECOVERY ADMINISTRATION DIVISION OF REVIEW THE CONTENT OF NIRA ADMINISTRATIVE LEGISLATION PART E: AGREEMENTS UNDER SECTIONS 4(a) AND 7(b) By Ruth Aull WORK MATERIALS NO. 35 Work Materials No. 35 falls into the following parts: Part A Part B Part Part Part Part 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 'iNO. ffcfc Special Studies Section March, 1936 OFFICE 07 17A2IOEAL 2I30T.;2Y ADuINISTPJ-TIOlI Division o: Z.VIEU THE COITTEITT 01 iriHA. ADiillTISTPATIYE LEG-ISLATIOl! PA .1 E: A&2ESIJEITTS DM2E3 SECTIOITS 4(a) AITD 7(1)) lath Aull SPECIAL STUDIES SECTIOl 1 larch, 1936 9817 Digitized by the Internet Archive in 2011 with funding from Boston Public Library http://www.archive.org/details/workmaterialse35unit ? P E ¥ ?, I) The object of this study is to set forth in convenient form the substan- tive content of administrative legislation under the authority of Title 1 of the national Industrial Recovery Act as found in the orders, code 1 :, and agreements. Part A, prepared by Huth Aull, is concerned with Execu- tive and Administrative Orders and, in some cases, Office Orders aid Uemoranda, legislative in nature; Part P, prepared by Hath Peticker, with the labor provisions in the codes; Part C, prepared by Daniel S. Gerig, Jr. and Peatrice Strasburger, with the trade practice provisions in the codes; Part D, prepared by C. 7. Tortnam, with the administrative provi- sions in the codes; Part E, prepared by Ruth Aull, with the provisions of cgreements under Sections 4 (a) and 7 (b); and Part J, preo-red by Puth Aull, -ith a type case; the Cotton Textile Code. The work raider the general charge of G. C. Gamble, Coordinator of the Special Studies Section. Title I of the national Industrial Pecovery Act delegated to the President unprecedented powers with respect to regulation of industry and trade. The theory of the Act v?as that through the sponsorship of codes by trade or industrial associations or groups, and through volun- tary agreements, such regulation would be cooperative with industry and trade. 3" Section 2 (b) of the Act the President was authorized to dele- gate any of his functions and powers to such officers, agents, and em- ployees as he might designate or appoint. This power of delegation was widely exercised and through the administrative activities of the nation- al Recovery Administration, established b; r the President under Section 2 (a) of the Act, 557 so-called industry or trade codes and 188 codes supplementary to the basic codes cane into being. These codes were approved under the authority of Section 3 (a) of the Act. In addition a smaller but none-the-less considerable number of agreements was entered into voider Sections 4 (a) and 7 (b) exclusive of the President's Peemploy- ment Agreement, based on Section 4 (a), ^'hich was "accepted" by more than 2,000,000 employers. The codes r -erc to be as binding as any Act of the Congress, and the code-making administrative processes tinder the Act May aptly be described as sub- legislative. The Supreme Court in its decision of the Schecter case, "hich ter- minated the existence of the codes, referred to the legislative aspects of the code-making process in saying: "It (the statutory plan) involves the coercive exercise of the law-making power. The codes of fair competition which the sta- tute attempts to authorize aa-e codes of laws. If valid, they place all persons within their reach under the obligation of positive la", binding equally those who assent and those who do not assent." The agreements entered into under the Act, at least with respect 13 My 36 g 9817 -i- to the administrative steps leading to approval, '"ere less clearly legislative, but the agreements under both Sections 4 (a) and 7 (b) con- stituted, to the extent they were used, the detailed and substantive expression of the legislative intent. Furthermore, the position taken ^y the national Recovery Administration that the phrase "same effect as a code of fair competition" used in Section 7 (b) referred to the fact that the agreement when approved should carry the penalty provision of the Act, would, if sustained, give such agreements legislative aspects identical with those of the codes. In the administration of the National Industrial Recovery Act many orders were issued which affected the actions or interests of persons not connected with the national Recovery Administration or affected the provisions of cod.es. The Executive Orders issued bjr the President and the Administrative Orders issued by the Administrator for Industrial Re- covery or in the name of the National Industrial Recover;'- Board, bearing on the administration of Title I of the Act were, vrith a fen exceptions, issued under the authority of the Act itself or under the delegation of power permitted by Section 2 (b). A substantial percentage of such or- ders, through the nature of their provisions, were legislative. Within the National Recovery Administration Office Ord.ers or Office Memoranda were issued primarily as instructions to or for the guidance of the per- sonnel of the organization or for the purpose of establishing parts of the organization. Some of these orders nevertheless contained provisions or requirements which directly affected code provisions or indicated re- quirements upon members of industry and in their scope seemingly may be called legislative in nature. It will be observed that the provisions of the National Industrial Recovery Act constituted a very small portion indeed of the great volume of administrative legislation under the Act. The substance of the ad- ministrative legislation is to be found in documents formulated from various types of administrative action. The study is not concerned with evaluation of this administrative legislation; it is not concerned with evaluation of its consequence. Such issues are treated in other studies. This study is confined to a statement of the content of the NIRA administrative legislation. At the back of this report a brief statement of the studies under- taken by the Division of Review will be found. L. C. Marshall Director, Division of Review March 16, 1936 9817 -ii- IE! CONTENT OF NIRA ADMINISTRATIVE LEGISLATION PART 3: AGREEMENTS UNDER SECTIONS 4(a) AND 7(b) TABLE OF CONTENTS SECTION I Page Agreements under Section 4(a) , Introduction 1 Chapter I The President's Reemployment Agreement 2 Chapter II Service Trades Agreements 5 Chapter III Territorial Agreements 11 Chapter IV Captive Mines Agreement 12 Chapter V Agreement among Tire Manufacturers and Distributors 13 Chapter VI Miscellaneous Agreements 13 SECTION II Agreements under Section 7(b) , Introduction 14 Chapter VII Appalachian Agreements .15 Chapter VIII Regional Collective Bargaining Agreements under the Construction Code 19 A. Definitions 22 B. Hours 26 C . Wages 30 D. Conditions of Employment 34 E. Other Provisions 35 Appendix I Non-Suspended Provisions of the Code of Fair Competition for the Cleaning and Dyeing Trade as Approved on November 8, 1933 37 Appendix II Non-Suspended Provisions of the Code of Fair Competition for the Shoe Rebuilding Trade as Approved on March 27, 1934 37 Appendix III Administrative Order No. X-80, Approving One Form of Administrator's Territorial Agreement. .39 NOTE : The President's Reemployment Agreement is to be found in NRA Bulletins 3 and 4; the service trades agreements in the text of Chapter II and in Appen- dices I and II; no Territorial agreements were approved; the captive mines agreement is to be found in Appendix U of Work Materials No. 50; the agree- -lii- 9817 ment among tire manufacturers and distributors was approved by Executive Order 6684-B of April 19, 1334; the ten textile and garment agreements, referred to in Chapter VI, Miscellaneous Agreements, may he found in Volumn I, Codes of Fair Competition, pages 19, 20, 716-718, 722, and 725; the several Appalachian Agreements in Appendices PP, Q,Q, FJt, and SS, of Work Materials ITo. 50; and the various regional collective bar- gaining agreements may be examined in Abe Appendix of the history of the Area Agreement Division, by H. 3«- Doherty, in HPA files. -IV- 9817 S3CTI0N I AGES3M3IWS 'UH:0?]E. SECTION 4 (a) In t re d ue Lion Section 4 (o.)> of the National In 'las trial Recovery Act authorized the President "to enter into agreements with, and to approve voluntary agreements between and among, persons engaged in a trade or industry, labor organisation, and trade or industrial organisations, associations, or groups, relating to any. traoe or industry, if in his judgment such agreements" would aid in effectuating Che policy of the Act and would not permit monopolies or monopolists c practices. Principal among agreements entered into under this section of the Act were the President's Reemployment Agreement, service trades and territorial agreements, the tire manufacturers-' and distributors' agreement, and the captive mines agreement. There were also several minor types of agreements. This portion of the study is concerned only with setting forth the substantive content of agreements under Section 4 (a). For a discussion of the origin, purposes and enforceability of these agree- ments the reader is directed to Work Ife.-tei-j.als Ho,. 50, A gre eme nts' Under Se c t: on 4 (a: and ? Vo) of the IT IRA by C. A. Gib] in, HEA Organisation Studies Suction, also to The Rrosic'en t's Reemployment Agreement by H. U. Hoover, ERA Organization Studies Section. 9817 CHAPT3H I THE PRESIDENT'S REEIS: LOYMENT AGREEMENT Both chronologically and in decree of importance the Presidents Reemployment Agreement merits first attention in any consideration of agreements entered into under Section 4 (a) of the National Industrial Recovery Act. The substantive content of the PPA, advanced to employers in la-be July, 1933, as a plan for quickly extending to a large number of employees the benefits deriving from the Act and accepted by more than 2,000,000 employers , follows: Signers of the PRA agreed between August 1 and December 31, 1933: 1. Hot to employ any person under 16 years of age except that persons between 14 and 16 might be employed (but not in manufacturing or mechanical industries) not to exceed three hours per day between 7 A. 1.1. and 7 P.M. in such work as would not interfere with hours of day school; 2. Not to employ any clerical or office employees more than forty hours in any one week; 3. Hot to employ any factory or mechanical worker more than a maximum week of thirty-five hours until December 31, 1933, and not more than 8 hours in any one day, but with the right to work a maximum week of 40 hours for any 6 weeks within the period;* 4. These maximum hours were not to apply to employees in establish- ments employing not more than two persons in towns of less than 2,500 population, nor to employees in a managerial or executive capacity, nor to professional persons;** (*) Executive Order 6304 of October 3, 1933, eliminated the permissive six-week peak period of 40 hours per week for employers who signed the PEA on or after October 1, 1933; prior signatories were not affected by this order. (**) Executive Order 6354, October 23, 1933, provided, among other things, that provisions of the PPA were not to apply to employers engaged only locally in retail trade or service industries who did not employ more than five persons and who were located in towns of less than 2,500 population, except in so far as signatories desired to continue to comply with PEA provisions. Executive Order 6710, May 15, 1934, modified Executive Order 6354 by exempting employers engaged only locally in retail trade or service trades or industries who operated not more than three es- tablishments each located in a town under 2,500 population from the wage and hour provisions of the PEA, except in so far as any such employer signified his intention of being bound by. such pro- visions 9817 -3- 5. Not to pay any clerical or office employee less than $15.00 per week in cities over 500,000, nor less than $14.50 per weeks in cities "between 250,000 and 500,000, nor less than $14.00 per week in cities "between 2,500 and 250,000; 6. Not to pay any factory or mechanical worker less than forty cents per hour unless the hourly rate for the same class of work on July 15, 1923, was less than forty cents, in which latter case not to pay less than the hourly rate on July 15, 1929, and in no event less than thirty cents per . : .:onr; 7. Hot to reduce the compensation for employment now in excess of the minimum wages of the PEA; 8. Hot to use any subterfuge to frustrate the spirit and intent of this agreement; 9. Hot to increase the price of an;; merchandise sold after the date of the agreement over the price on July 1, 1933, "by more than was made necessary "by actua] increases in production, replacement, or invoice costs or merchandise; 10. To suppor': and patronize establishments which had also signed the agreement; 11. To cooperate to the fullest extent in having a code of fair competition submitted "by their industry at the earliest possible date. 12. The agreement was to cease upon approval by the President of a code to which the signer was subject; or, if the NBA so elected, upon submission of an applicable code and substitution of any of its provisions for any of the terms of the agreement. 13. In a petition approved by a representative trade associa- tion of his industry, or other representative organization designated by NBA, a signer might apply for a stay of any provision of the agree- ment which resulted in "great and tmavoidable hardship" pending a summary investigation by ERA., if he agreed in such application to abide by the decision made after such investigation. Executive Order S515, dated December 19, 1933, extended the PHA from Jan. 1, 1934, to April 30, 1934, or to any earlier date of approval of an applicable code. Display of the Blue Eagle on or after Januaryl, 1934, by employers who had earlier signed the PHA was to evidence their acceptance of the PEA extension; employers who had not yet signed might still do so; and all substitutions and e xemptions approved and all exceptions granted to particular employers before January 1, 1934, were to apply to the extended PEA. Executive Order 6678-A of April 14, 1934, further extended the PEA from May 1, 1934, as to any part of an employer's business not subject to an approved code until such time as that part of his business became subject to an approved code. Employers who had not signed the PHA prior to May 1, 1934, might enter into the agreement, while display of the Blue Eagle on or after May 1, 1934, by earlier signers would evidence 9817 _4_ their continued compliance with the PRA. All substitutions and exemp- tions approved and exeepted granted "before May 1st were to continue applicable. 9817 -5- CHAPTER.II SERVICE TRADES AGREEMENTS Executive Order 6723, dated Liay 26, 1934, provided that the fair trade practice .tvrl code administrabicr. provisions in codes of such ser- vice trades cr industries as were thereafter designated "by the Adminis- tration were suspended-. Provisions governing wages, hours, and child labor and the ras.ndL.t0r7 provisions of Sections 7(a) and 10(b) of the Act were not suspended and each member. of any such trade or industry was entitled to, display NBA insignia o- n 3.y so long as he remained in compli- ance with such non-- suspended provisions. The order further provided that, in any locality in which 85 per cent of the members of any service trade or industry, the provisions of whose code had been suspended, proposed to agree with the President to abide by any local coue of fair trade practices suggested by them for that locality and approved by the Ad- ministrator, the Administrator was authorised to make such agreement. Thereafter, no member of such trade or industry in such locality was en- titled to display NRA insignia 'unless he was complying with all terms of such agreement in addition to the non- -suspended provisions of the code. By Administrative Order X.-37 of Llay 26, 1934, the trade practice and administrative provisions of codes for the following were suspended: Motor Vehicle Storage and. Parking, Bowling and Billiard, Barber Shop, Cleaning end Dyeing, Shoe Rebuilding, Advertising Display Installation, and Advertising Distributing Trades; Administrative Order X-50 of June 13 and Administrative Order X-54 of Jane 23, 1934, respectively in- cluded the Laundry Trace and the Hotel Industry among those for which code provisions were suspended pursuant to Executive Order 6723. By Executive Order 6756-A of June 28, 1934, the President offered to enter into an agreement with the members of service trades not there- tofore codified, whereunder any member displaying appropriate KRA in- signia evidenced his agreement to comply wi.th the standards of labor ap- proved by t he Administrator, on the condition, however, that in any lo- cality in which 85 per cent of txie members of any such trade had pro- posed a local code of fair trade practices, and such code having been approved by the Administrator, no member was entitled to display NBA insignia unless he was complying with all terms of such local code in addition to the said standards of labor. Administrative Order X-53 of June 28, 1934, in part provided that local code committees for service trades, upon application to the Ad- ministrator, might be authorized to cooperate with NBA in coordination and execution of the service trades program. Schedules of fair trade practices, wherever suitable to the needs of the locality, were to con- form with the practices originally contained in the designated codes, provided, however, that practices, including those relating to minimum price, were to be approved only in accordance with existing NBA policy on such matters. Eor the Cleaning and Dyeing Trade (Approved Code No. 101) two . • local codes .of fair trade practices were approved - one for the metropol- itan district of the City of Seattle, Washington, on December 20, 1934; 9817 and one for Rockland County, New York, on January 15, 1935. The pro- visions of these two local codes were identical, (*) except as to the descriptions of localities contained in Article II thereof. Four local codes cf fair trade practices were approved for the Shoe Rebuilding Trade (Approved Code No. 372) - one for the City of Washington and Township of Washington, Indiana, on November 30, 1934; one for the City of Ircnton and Village of Coal Grove, Lawrence County, Ohio, on December 12, 1934; one for the City of Pueblo, Colorado, on December 18, 1934; and one for the District of Columbia on February 13, 1935. The provisions of these four local codes were identical, except as to the descriptions of legalities contained in Article II thereof. Indeed, the major portion of Article I of the Shoe Rebuilding Trade local codes was identical with that of Article I of the Cleaning & Dye- ing Trade. Accordingly, the provisions of these six local codes of fair trade practices are given be] ow as one composite agreement, with provisions common to both the Cleaning & Dyeing and the Shoe Rebuilding Trades Codes set forth in ordinary type, provisions peculiar to the Cleaning & Dyeing Trade Codes are underscored, and provisions peculiar to the Shoe Rebuilding Trade Codes in solid capitals. The non-sus- pended labor and code administration provisions of the codes for the Cleaning & Dyeing Trade and for the Shoe Rebuilding Trade, which must properly be considered as part of the local codes, are included as ap- pendices I and II, respectively, hereof. " Provisions of Local Service Trades Codes of Fair Trade Practices . - Pursuant to Executive Order 672 3 Article I "The following described acts shall constitute unfair methods of competition. NO MEMBER OF THE TRADE WITHIN THE LOCALITY DEFINED IN ARTICLE II OF THIS SCHEDULE ENGAGED IN ANY SUCK PRACTICE SHALL BE EN- TITLED TO DISPLAY THE NATIONAL RECOVERY ADMINISTRATION INSIGNIA USED BY THE TRADE. "1. Misleading Advertising - The use of (or participation in) the publication or the broadcasting of any untrue, deceptive, or mis- leading statement, representation, or illustration, in connection with and for the purpose of furthering the sale of shoe rebuilding service. "2. Defamation or Disparagement of Competitors - The false impu- tation to competitors of dishonorable conduct, or inability to perform contracts, and/or poor or questionable credit standing and false repre- sentation concerning the grade or quality of the service rendered by competitors. "3. Underselling Claims - Advertising which inaccurately announces or lays claim to a policy or continuing practice on the part of the ad- vertiser of generally or regularly underselling competitors. (*) See provisions below. 9817 -7^ "4. Misleading Guarantees - guarantees which are not specific as to the nature and extent of the guarantee or which for any reason are unenforceable against the guarantor. " 5 . Disclaimers — Attempts 'by stipulation to eva.de, limit, or nullify what wou d oth e rwise " be the la wful responsibility o f a member of the Trade fo r a rticles left, wi th him for cleaning; or dyeing . "Sole 6, Misrepresentation of .Prices — Representation of any prices or credit terms as 'special' when they are in fact the regular prices and/ or credit terms of the person making such representation; also the repres ent ation t hat quoted prices apply to completely finished work when in fact they apply only to partially ".'recessed work .. "Pule 7. Unfair Merchandising Devices — "(a) The furnish ing of free work to anyone except a Dona fide ciarity . "(b) The furnishing of free storage to customers . "(c) The payment of a commission or any other considera- tion to anyone net a member of the trade or regu- larly employed by a, member of the trade, for the solicilation of procuring of ( cleaning or dyeing work. (SHOE REPAIRING.) "(d) The use of premiums in ways which involve com- mercial bribery in any form. "(e) The use of premiums in ways which involve lottery in any form. The term 'lottery 1 shall be con- strued to include, hut without limitation, any plan or arrangement whereby the premiums offered differ substantially in value from customer to customer of the same class, except as a, result of differences in quantities purchased. "(f) The use of premiums in ways which involve misrepre- sentation, or fraud, or deception in any form, including, but without limitation, the use of the word 'free', 'gift 1 , 'gratuity', or language of similar import in connection with the giving of premiums for the purpose or with the effect of misleading or deceiving customers. "(g) The giving of premiums to any customers when such premiums are net offered to all customers of the same class, in the locality. 9317 -8, "Bale 8. Added Charges — Tlie attempt to secure an additional charge for (t he~""cradicr.ticn of spots or stains after the ngviber_of_j.^-.e. t rade a.:: -eed_ t o dry clean them for a stated -Trice.) (WORK P3.JT05i.IED QTIOER THAN T:iAT ACTUALLY AUTHORIZED BY TliE CUSTOMER. ) »8. FPEE '.7CRK - THE FURNISHING, FREE, OF AM SERVICES OR COMMODITIES TO ANY ONE EXCEPTING A BONA PILE CHARITY. "9. MISREPRESENTATION OP QUALITY - ,7ITHIN TEN DAYS APTER STANDARDS .ATE BEEN DEFINED AND DESCRIBED BY TEE UNITED STATES BUREAU OP STANDARDS AND APPROVED BY THE BOARD, EVERY MEMBER OP THE THHDE SPALL DISPLAY IN A CONSPICUOUS PLACE IP PIS RETAIL OUTLET A PRIMED LIST, '.THICH MAY BE READ EASILY, OP TPE VARIOUS QUALITIES OP iATSPIALS A3 DEPIPED AITD DESCRIBED BY TIE UNITED STATES BUREAU OP 3TAPDAPDS. THEREAFTER THE :ALE, OR 0PP3R FOR SALE, OF AIT SERVICE INVOLVING THE USE OF i.iATERIAL3 WHOSE QUALITY HAS PEEP DEFINED BY THE UNITED STATES BUREAU OP STANDARDS, WITHOUT ACCURATELY INFORMING THE CUSTOMER OP THE TRUE QUALITY OP THE MATERIAL A3 30 DEPIPED AND DESCRIBED BY THE UNITED STATES BUREAU OF STANDARDS, SHALL BE AN UNFAIR tfRADE PRACTICE. "10. SUBTERFUGE - TO EMPLOY SUBTERFUGE DIRECTLY OR INDIR- ECTLY TO AVOID OR ATTEMPT TO AVI. ID THE PROVISIONS OF THIS CODE OR THE PURPOSES AND INTENT OF THE NATIONAL INDUSTRIAL RECOVERY ACT, THIGH ARE TO INCREASE EMPLOYMENT , FRCVIDE 3ETTER PACES, PROMOTE FAIR COMPETITIVE METHODS, BETTER BUSINESS CONDITIONS AND PROMOTE THE PUBLIC WELFARE. 11 Rule 9. Secret Rebates — The secret payment or allowance to any easterner, or t o any employ ee of a customer, of re - b ates, refund s, remi ssion s of past indebte dness, commissions or discounts, whether in the form yf money or otherwise , including tHe ex t en si on to p articular customers of special services or pri vil eges, f ri se invoi ci ng, and rebates under tHe gaise of allowances' for lost, misplaced or damaged articles . " Rule 10. Imitation of Compe titors — The simulation or copying of a co.a ~etitcr ! s style of store front, of signs or of advertisi nrc,, with the _ inten tion, or Having the tendency and capacity, of deceiving the customers of such competitors . " Rule 11. Posting of Insurance Information — Failure to display in a conspicuous place a printed or written placard stating whether, to what extent, and against v.hat hazards fabrics left for cleaning rnd/or dyeing are protected by insurance for the benefit of the consumer. 9817 -9."* " Rule 12. False or Misleading S tatements Concerning Insur - ance — False or mislea d ing s tateme n ts or representation b y any means whats oe ver r. o to the amount and/ or character of insurance carried for tli e benefit of the consumer on fabrics left for cleaning and/ or dyei ng . " Rale 1 5. Accen t ing of ¥ork fr om. Solicitors — Accepting' of wor k f rom ■-. person wh o s olir .it s cleaning and/ or dyein g work and n o is neither a member of_ th e 'Grade ncr regv.larly em - •olo^ed "oy a member of the t rade. Th e •provision s of this Section shall not, apply, however, t o any such' person where he en g^e s in suc h s ol icitati o n ra i der a c ontract with a plant own e~ , terminable on not less then six (6; months' notice . ".Rule 14. Violence, Intimidation, or Unlawful Coercion — "(a) Any use cf violence to person or property, in- timidaticn, or unlawful coercion by a member of the Lnst a member of the trade. " (b) Any thre at b y a member cf the trg.de to u se such vialence, J. n timjdation, or v.rEL awful coercion . " (c) Any cons'r , :: ac-y anion- 1 ?; members cf the trade, or among me mbe rs •;_ the tra.de and others, to use or to threaten to use such violence, intimidation, or unl awful cc ere ; on . " (d) Any combining or cooperating by a member of > the trade with a nyone who is using or threatenf.-i.^ to ,^__ use such rid.le n c e, intimidation, or coercion. Rule 15 (of the Cleaning & Dyeing Trade Codes): "11. (*) hours of Operation - ho retail outlet OR SHOP shall remain open or be operated on Sundays or on National, State or local holidays, or in excess of sixteen (16) hours on any Saturday or aJiy day except Sunday prior to a National, State, or local holiday, or in excess of twelve (12) hours on any other day; Provided, however, that WHERE A MEMBER. ? THE TRADE IS OPERATING IN A DEPARTMENT STORE AS A DEPARTMENT OP SUCH STORE AND SUCH DEPARTMENT STORE IN COMPLIANCE WITH THE RETAIL CODE OPERATES A GREATER NUMBER CF HOURS, THEN SUCH MEMBER CF THE TRADE i/IAY COMPLY .71 Tli THE HOURS OF THE DEPARTMENT STORE AND THE OTHER MEMBERS OF THE TRADE IN TEE SAME LOCALITY MAY REMAIN OPEN THE SAME NUMBER OF HOURS; AND PROVIDED FURTHER TIZAT ixhen a day of the week other than Sunday is recognized as the Sabbath by a member of the Trade, and such member of the Trade regularly keeps his place of business closed on such days, such place of business may remain open and be operated on Sunday, sub- (*) In the Cleaning and Dyeing Trade Codes the term "rule" precedes the numbers of paragraphs; in the Shoe Rebuilding Trade Codes qo _ the paragraphs merely bear numbers. -1C- ject, however, to state and local laws and ordinances. This provision shall not apply to (SHGEShlNE SERVICE III SUOi: OUTLETS. ( valet she's whi ch per fo m som e or all of the following S3i vices , usually wh ile the a i.s tor.ier w ait s; the shining of s ho es. , the ' ire -; sin g of iiy.ibs, the mending; of torn pi re es, J h e sewi n,~ of buttons and the c leaning of hats ; "b ut which do net engag e in \i3 following acti vities : the dry-cl eaning or dy eing cf men's suits or women's ■dresses:, cr the tailoring to order of clothing. " 9817 -11- •'< ',.1 ' ■ CHAPTER, III. TERRITORIAL AGREEMENTS. Executive Order 6750-A of June 27, 1934, delegated to the Adminis- trator the power to enter into agreements, pursuant to Section 4(a) of the Act, with persons engaged in a trade or industry in Fuerto Rico and the Territories of Hawaii and Alaska, if in his judgment such agreements would aid in effectuating the policy of the Act with respect to trans- actions in or affecting interstate or foreign commerce and would not promote monopolies or tend to eliminate or oppress small enterprises. Administrative Order X-60 of July 2, 1934, provided that trades and industries in Fuerto Rico and the Territory of Hawaii were to be exempt from codes theretofore approved until September 1, 1934, and from codes thereafter approved for a period of six weeks following the dates of -such approvals. If the Deputy Administrator for the territory so ordered for a trade or industry, the exemption was to remain in effect only as to those who entered into and complied with an agree- ment under Executive Order 6750-A, so long as such agreement remained in effect. This order did not affect any exception or exemption of a specified trade or industry, or subdivision thereof, or of a specified person or persons, theretofore or thereafter granted, nor any code or modification of a code for a trade or industry in Hawaii or Puerto Rico. Administrative Order X-80 of August 27, 1934, approved one form of Administrator's Territorial Agreement. (*) No territorial agreements were approved under Executive Order 6750-A, although several were proposed, in the Territory of Hawaii. (*) See Appendix III 9817 -12-*'" CHAPTER IV CAPTIVE MIIJES AGREEMENT Piirsuant to Section 4(a) of the Act, an agreement was entered into on September 29, 1933, between the President and some twenty-one members of the Iron and. Steel Industry or their subsidiary or affiliated companies, owning and operating "mines of bituminous coal for the production of such coal for the use of the employers or their subsidiary or affiliated com- panies in operations in or related to the Iron and Steel Industry." The signers of the captive mines agreement agreed with the President and be- tween and among each other as follows: "Each employer in the operation of any bituminous coal mine operated by it will comply with the maximum hours of labor and minimum rates of pay which are or shall be prescribed under or pursuant to the coal code for the district in which such mine • is located so long as the coal code shall remain in effect." The President approved this agreement, "With the understanding that under this agreement hours, wages and working conditions throughout these mines will be made as favorable to the employees as those prevailing in the district in which such mines are located." On October 30, 1933, the President issued a statement concerning a further agreement reached with the captive mine owners. The salient points "were: . (1) The mine owners recognized the United Mine Workers of America and conceded the check-off, so that a man might assign a deduction from his pay to whomever he desired. (2) The existing Appalachian agreement* between the commercial mine oper- ators and the United Iviine Workers was recognized as fixing hours, wages and working conditions under which the men would go back to work. (3) When in the opinion of the National Labor Board, after the opening of any mine, orderl}*- conditions h a d been restored, an election was to be held under the exclusive regulation and direction of said Board to choose re- presentatives for collective bargaining. Such representatives might or might not be members of any labor organization and any officer of the United Mine Workers might be elected, and if elected, the operators agreed to nego- tiate with him, (4) Representatives chosen by a majority were to be given an immediate con- ference and separate conferences were to be held with any representatives of a substantial minority. If no agreement with the majority representa- tive were reached in ten days the controversy was immediately to be sub- mitted by both parties to the national Labor Board for decision and both parties would agree to abide by the decision. * See Chapter VII. 9817 -18* CHAPTER V AGREEMENT A MONG TI RE MANUFACTURERS AND DISTRIBUTORS Pending approval of a code for the retail tire and "battery trade, a voluntary agreement was entered into "by representatives of manufacturers and distributors of rubber tires on March 30, 1934, approved "by Executive Order 6684-B of April 19, 1934, because "destructive price cutting inimical to the public interest and contrary to the policy of the national Industrial Recovery. Act" had prevailed in the tire manufacturing industry and the re- tail tire trade. The salient provisions of the agreement were as follows: (1) A forty day truce, effective April 3, 1934, (2) Temporary differentials were established below the lists of Goodyear, Sears Roebuck & Company, Montgomery Ward Company, Atlas Supply Company, and Western Auto Supply Company. (3) Trade-in allowances were. to be as agreed upon at Washington Conference of February 5 and 6, 1934, (4) . Manufacturers were to discontinue rebates to dealers on sales effected after March 31, 1934. (5) There were to be no free goods. (6) All cut price comparative advertising was to be discontinued. The code for the retail rubber tire and ■battery trade was approved May 1, 1934 CHAPTER VI MISCELLANEOUS AGREEMENT S In the latter half of July, 1933, agreements were entered into between The President and ten textile or garment industries - agreements on the part of these industries either to comply with certain provisions of the Cstton Textile Code or with such provisions of their submitted codes as were identical with given previsions of the Cotton Textile Code. Such agreements were approved for the rayon weaving industry and the throwing industry on July 14, 1933; for the silk textile industry on July 15, 1933; for the cotton thread industry on July 16, 1933; for the textile finishing industry and the underwear and allied products industry on July 21, 1933; for the silk and rayon dyeing and printing industry on July 22, 1933; for the pa jama and garment manufacturers on July 26, 1933; and for the cordage and twine industry on July 27, 1933. 9817 -14- SECTIuH II AGPJIEEEHTS UlCDEH SECTION 7(b) Introduction Section 7(b) of the Act provided that the President was, so far as practicable, to afford every opportunity to emploj^efs and employees in any trade or industry or subdivision thereof in which the collective bargaining rights of employees were recognized and instituted: "to establish by mutual agreement, the standards as to the maximum hours of . labor, minimum rates of pay, and such other conditions of employment as nay be necessary in such trade or industry or subdivision thereof to effectuate the policy of this title; .and the standards established in such agreements, when approved by the President, shall have the same effect as. a code of fair competition approved by the President under subsection (a) of section S, " Ihile no penalties were prescribed by the Act for violations of agreements under Section 4(a) , 7(b) agreements carried the same penalties for violation of their provisions as were orescribed for code violation (*). The Appalachian agreements under the Bituminous Coal Code and the 48 regional collective bargaining or area agreements under seven of the divisions of the Construction Industry constituted all those aparoved under Section 7(b) of the Act. (*) See Work Materials 50, Agreements under Section 4(a) and 7(b) of the UIRA. fry C. A. G-iblin. V.:':A Organisation Studies Section . S817 CHAPTER VII APPALACHIAN AGREEMENTS The first Appalachian agreement was entered into September 21, 1953, by the Northern Coal Control Association and the Smokeless and Appalachian Coal Association on the part of the operators and by Districts 2, 3, 4, 5, 6, 17, 19, 30 and 31 of the United Mine Workers of America on the part of the mine workers under the provisions of Section 7(b) of the Act, On September 29, 1933, the President ordered that this agreement be approved as the schedule of basic minimum rates under the Bituminous Coal Code as revised on that date. The agreement was to remain effective until April 1, 1934. The territory covered ^r this agreement was: Northern Coal Control Association - Pennsylvania, Ohio, together with Ohio, Brook and Marshall Counties of West Virginia, and northern West Virginia, including Counties of Monongalia, Marion, Harrison, Preston, Taylor, Barbour, Randolph, Upshur, Lewis, Gilmer, Braxton, Webster and that portion of Nicholas County containing coal or coal mines along the, line of the 3&0 Railroad; Smokeless and Appalachian - State of Virginia, Northern Tennessee, that part of Kentucky lying east of a line drawn north and south through the city of Louisville, and that part of Jest Virginia not included in Northern Coal Control Association territory, as set out above, and except Grant, Mineral and Tucker Counties of West Virginia. The salient provisions of the agreement were: (1) .Eight-hour day, five-day week e All mine workers engaged in the transportation of men and coal were excepted from the maximum hours pro- vision. (2) No person under 17 years of age was to be employed inside any mine nor in hazardous occupations outside any mine, except that a state law which provided a higher minimum age was to govern. (3) The management of the mine, the direction of the working force, and the right to hire and discharge were vested exclusively in the operators and the United Mine Workers were not to abridge these rights. (4) A committee of three mine workers was to be elected at each mine to adjust disputes between the management and workers. The committee > was to have no other authority and was in no way to interfere with the operation of the mine; for violation 'of this clause, any member or the committee might be removed. (5) If differences of any kind arose between the mine workers and the operator, there was to be no suspension of work pending settlement. Efforts were to be made immediately to settle such differences (a) be- tween the aggrieved party and the mine management; (b) between the mine committee and the management; (c) by a board consisting of four members, two of whom were designated by the mine workers and two by the operators. If the board failed to agree, the matter was to be referred to an umpire selected by the board. If the board was unable to agree on the selection 9817 -16- of an umpire, he was to be designated \>j the Administrator for Industrial Recovery. The decision of the umpire in any event was to "be final. In fact i a decision reached at any stare of the proceedings was to be binding on both parties and was not to be subject to reopening except by mutual agreement. Expense and salary incident to the services of an umpire were to be paid jointly by the operators and nine workers to each district. (6) When a nine worker was discharged and he believed himself un- justly dealt with, the case was to be considered under the method of settling disputes above provided. If it were decided that injustice had been done to the nine worker, the operator was to reinstate and compensate him at the rate -oaid said nine worker -orior to sn.ch discharge; 'orovided, how- ever, that the case was taken up and disposed of within five days from the date of discharge. (7) A strike or stoppage of work on the part of the nine workers was to be a violation of the agreement. Under no circumstances was the operator to discuss the natter under dispute with the mine committee or any representative cf the United Mine Workers during suspension of work in violation of the agreement. (8) The operators were to have the right during the agreement to work all mines extra shifts with different crews. If only one shift was worked, it was to be in the daytime, but this was not tp prevent cutting and loading coal at night in. addition to the day shift cutting and loading. (9) Pay day was to be at least twice each month. (10) District agreements were, to be made dealing with local or district conditions and it was agreed that such district agreements were to embody the basic rates of pay, hours of work, and conditions of employ- ment set forth in the agreement. (11) Below are set forth the basic rates for the various operations where compensation was on a piece work ba.sis. These rates varied from vicinity to vicinity covered by the agreement, but in each case only the minimum and maximum rates for each operation are given: $0.56 to $0.70 • Oi)o to .52 .045 to .08 Tonnage Rates per 2,ono lbs. run of mine coal Pick Mining Machine Loading Cutting, Shortwall Machine (12) Below are set forth the minimum and maximum hourly and daily rates for various classified occupations in varioixs vicinities. The agreement provided that skilled labor not classified was to be paid in accordance with the custom at the mine. 9817 -17- Classifi cation of Occupations Inside Hourly Bates Daily Rat ft s Uotormen, Rock Drillers Drivers, Drakemen, Coal Drillers, Trackmen, Wiremen Timbermen, etc, .525 to .575 Pumpers, Trackmen, Wiremen and Timbermen helpers .495 to .545 Greasers, Trapoers, Plaggers, "Switch Throwers 3.25 to .575 Outside- 3it Sharpeners, Car Repairmen, Dumpers ,43 to .48 Sarid Dr.3-ers, Car Cleaners, other able bodied labor .40 to .45 Slate Pickers .525 to ,375 $0,545 to $0,595 $4.36 to $4.76 4.20 to 4.60 3,96 to 4.36 2.60 to 3.00 3.44 to 3,84 3,20 to 3.60 2.60 to 3.00 A second Appalachian agreement was entered into March 29, 1934, to remain in e ffect from April. 1 to March 31, 1935. The maximum hours were changed to a seven-hour day and a five-day (thirty-five hour) week. The rage schedules were also changed as follows: Tonnage Rated per 2,000 lbs, run of mine coal Pick Mining Machine Loading Cutting, Short wall Machine Cutting, Arcwall Machine Classification of Occupations Inside ' Motormen, Rock Drillers Drivers, Brakemen, Coal Drillers, Trackmen, Wiremen, Timbermen, etc. Pumpers; Trackmen, liremen and Timbermen helpers Greasers, Trapoers, Plaggers, Switch Throwers $0. 66 to So .80 .412 to .60 .062 to .09 .058 Hourly Rates Daily Rates $0.'58 to $0. 737 $4.76 to $5.16 .657 to ,714 4,60 to 5,00 .623 to ,68 4.36 to 4.76 .428 to .486 3.00 to 3.40 Outside Sit Sharpeners, Car Repairmen, Dumpers Zand Dryer-- , Car Cleaner^ , other able bodied labor Slate Picker- ,548 to .606 3.84 to 4.24 .514 to .571 3.60 to 4,00 .428 to .486 3.00 to 3.40 9817 -13- On March 31, 1935, representatives of the coal operators and the United Line Workers agreed to amend the Bituminious Coal Code so as to extend the operation of all of its provisions, including the Appalachian agreement, to June IS, 1935* A third Appalachian agreement, which covered Michigan in addition to territory previously covered, was signed September 27, 1935, to remain in effect from October 1 to April 1, 1937. The only provisions changed were the wa-^e schedules, as follows: Pick Mining Machine Loading Cutting, Shortwall Machine Classification of Occupations Tonnage Rates per. 2,000 lbs. run of nine coal $0.75 to $1,102 ' .492 to .851 .065 to .151 Inside Motornen, Rock Drillers Drivers, Brakemen, Coal Drillers, .Trackmen, tfiremen, Timbermen, etc. Pumpers; Trackmen, Wiremen and Timbemen helpers Greasers, trappers, Flaggers, Switch. Throwers Hourly Rates Raily Rates $0,751 to $n.8ng $5.26 to $5.66 .729 ,694 .50 Outside Sit Sharpeners, Car Repairmen, Dumpers ..62 Sand Dryers, Car Cleaners, other able bodied labor .536 Slate Pickers .50 to to to to to to .786 ,751 .557 .643 .557 5,10 to 4,86 to 3.50 to 4.10 to 3.50 to 5,50 5,26 3.90 .677 4.34 to 4.74 4.50 3.90 9817 -19- CHAPTER VIII REGIONAL COLLECTIVE -BARGAINING AGREEMENTS UNDER THE CONSTRUCTION CODE The Code for the Construction Industry provided (*) that truly representative associations -or groups of employers end employees in each division or subdivision of the industry, after proper notice and hearing and as a result of bona fide collective bargaining, might establish by mutual agreement, when approved by the President pursuant to the provisions of Section 7(b) of the Act, standards of hours of labor, rates of pay and such other conditions of employment relating to occupations or types of operations in such division or subdivision as might be necessary to effectuate the policy of Title I of the Act, for a specifically defined region or locality, Eorty-eight regional collective bargaining agreements, commonly called area agreements, were approved pursuant to Section 7 (b) of the Act under seven divisions of the Construction Code. Four 'area agreements approved by the President on May 21, 1935 - three under the Painting, Paperhanging and Decorating Division and one under the Plumbing Contracting Division - never became effective because the Schechter decision preceded their effective date, June 3, 1935. Likewise, the only agreement approved under the General Contractors Division never became effective because of its late approval, "May 24, 1935. Provisions of these five agreements, which never became the "law" for the regions concerned, have not been analyzed in this study. The other forty-three area agreements are listed below by division, region and date of approval, the effective date for all having been the second Monday following the President's approval. Mason Contractors Division 1. New York and part of Long Island 2. Tulsa, Oklahoma, and vicinity 3. St. Louis and Vicinity, Missouri Electrical Contracting D i vision 1. Cook County, Illinois 2. Detroit, Michigan, and its metropolitan district August 4, 1934 January 22, 1935 March 8, 1935. Octooer 22, 1934. October 30, 1934. (*)■ Chapter I, Article III, Section 1. 9817 -20- 3. Multnomah, Clackamas, and Washington Counties, Oregon; and Clark and Skamania Counties, Washington 4. Allegheny County and part of Westmoreland, Pennsylvania 5. Miama and part of Dade County, Florida Plumbing Contracting Division 1. Denver, Colorado 2. Calumet, Hobart, Ross, Center, Eagle Creek and W infield Townships of Lake County; and Porter County; Indiana Plastering; and Lathing Contra ct ing Division 1. Dallas County, Texas 2. State of California Tile- Contracting Division 1. Philadelphia, Pennsylvania; Camden, New Jersey, and vicinity 2. Certain Counties of Pennsylvania, Ohio and West Virginia Painting, Feperhanging a nd Decorat i ng Division 1. Philadelphia, Pennsylvania, and vicinity -2. Wilmington, Delaware, and its metropolitan district 3. Omaha, Neoraska, and Council Bluffs, Iowa, and vicinity 4. Township of Greenwich, Connecticut 5. Dade County, Florida 6. St. Paul, Minnesota, and vicinity 7. Passaic and Bergen Counties, New Jersey 8. Concord, New Hampshire 9. Salt Lake City, Utah, and vicinity February 21, 1935 March 7, 1935 April 10, 1935 October 17, 1934. May 10, 1935. January 10, 1935 April 10, 1935 February 8, 1935 May 1, 1935, September 27, 1934 October 22, 1934 November 15, 1934 December 14, 1934 December 26, 1934 December 29, 1934 January 11, 1935 January 16, 1935 January 19, 1935 9817 -21- 10. Wheeling, Y.'est Virginia, and vicinity 11. Natrona County, "Wyoming 12. Knox County, Indiana 13. Rochester, Minnesota 14. Boroughs of Manhattan and the Bronx, New York 15. Cascade County, Montana 16. Erie County, Ne^ York 17. Hill County, Montana 18. Otsego County, Nev York 19. State of Khode Island 20. Colorado Springs, Colorado and vicinity 21. State of California 22. Rochester, Ne^' York, and vicinity 23. biontclair, Bloomfield and vicinity, NeF Jersey 24. Center and Clearfield Counties, Pennsylvania > 25. Smith, Upshur, Lusk, Henderson, V«ood, Gregg, Cherokee, Anderson, and Van Za.ndt Counties, Texas. 26. City and C ounty of Denver, Colorado, and vicinity 27. Hamilton County, Ohio, and Kenton and Campbell Counties, Kentucky 28. Allegheny Countv, Pennsylvania 29. Travis County, Texas January 28, 1935 January ?9, 1935 February 5, 1935 February 20, 1935 March 1, 1935 March 20, 1935 March 20, 1935 March 22, 1935 April 10, 1935 April 10, 1935 April 10, 1935 April 10, 1935 April 12, 1935 May 7, 1935 May 7, . 1935 May. 7, 1935 May ?', 1935 May 9,. 1935 May 9, 1935 May 9, 1935 9817 -22- A. - .DEFINITIONS The first article of each area agreement set forth definitions. Twenty-three out of the forty-three agreements under consideration contained identic?! definitions of "member in the region", as, follows; "The term 'member in the region' as used herein means any member of the Division as hereinafter defined who is an employer of the types of employees as hereinafter defined." Thirty-seven defined "member of the division" as follows, or with such slight variation as was of no significance; "The term 'member of the division' as used herein means any individual or form of organization or enterprise engaged in any phase, or undertaking to perform any ^'ork covered by the definition oi the __division as used herein. " The remaining sections of Article I deiined the division of the Construction Industry concerned and the various types of employees peculiar thereto. Selow is set forth the most inclusive definition of each of the six divisions of the Contraction Industry under ^hich area agreements became effective. Since definitions of the various types of employees are multifarious ard not essential to this study', they are omitted. 1. "The term 'Mason Contractors Division' or 'this Division' as used herein means the contracting for and the erection in the United States of nerica of all types of brickwork, cinder block masonry, ornamental and terra cotta, salt glazed tile, holloa tile and gypsuin dock, including the furnishing of any labor or materials inci- dent thereto; and such branches or subdivisions thereof as may from time to time duly be. included under the provi- sions of this Division as defined in the Code of Zair Compe- tition for the Mason Contractors Division of the Construction Industry. " 2. "The term 'Electrical Contracting Division' or 'this Division 1 as used herein means the erecting, installing altering, repairing, servicing, or. maintaining electric wiring,' devices, appliances, or equipment, including the purchasing from suppliers, and the selling oi manufactured parts and products incornorated in such installation,' provided that: "(a.) The provisions of this Agreement shall not applv to ™ork for telephone or telegraph service ^here such work is an integral part of the communication system owned and operated by a telephone or telegraph company in rsnder- ing its duly authorized service as a telephone and telegraph company, 9817 -23- "The provisions of this Agreement shall apply to the installing of telephone and telegraph cables and vires in race-ways or conduits in buildings in the process of con- struction where, pursuant to existing or future agreements or understandings, such work is performed "by others than telephone or telegraph operating companies. "Should controversies arise as to whether or not such agreements or understandings exist such controversies shall be referred for decision to such board in the National Recovery Administration as may have been or may be desig- nated by the National Industry f.ecovery Board, "(b) The provisions of this Agreement shall not apply to electrical work for the generation and primary dis- tribution of elect:- ic current, or the secondary distribution system ahead of the meter, where such work is an integral part of the system owned and operated by an electric light and power company in rendering its duly authorized service, is done by such a 'company's own employees, and/or is work on customer's premises necessary for the rendering of safe and continuous service, but the provisions of this Agree- ment shall apply to the installation, permanent alteration or repair, or. maintenance of electric wiring, devices, ap- pliances or equipment of private owners other than an electric light and power company not elsewhere excluded, in this Defi- nition, "(c) The provisions of this Agreement shall not apply to the sale or rental of electrical signalling appara- tus or systems for protection against fire, burglary or robbery, or to the servicing of s\ich signalling apparatus or systems, where such work is an integral part of such a system owned and services or maintained by an individual, firm, corporation, or other form of enterprise engaged in such business. "(d) The provisions of this Agreement shall not apply to manufacturing or asseraDling in the manufacturer's plant, nor to servicing, or repairing of electrical apparatus, ap- pliances or eauipment oy a manufacturer or by an electric repair shop, but the provisions of this Agreement shall apply to the installation of all new electrical work on the custom- er's premises not elsewhere excluded in this Definition. "An electric repair shop, for tne purposes of this paragraph, shall mean an establishment engaged in the repairing, rewinding and reconditioning of motors, generators, transformers and other electrical apparatus. "(e) The provisions of this Agreement shall not ap- ply to the maintaining, servicing or repairing of existing installations of electric wiring, devices or equipment, or the moving and relocating of equipment within a plant or property, performed oy an owner or tenant (not for hire), 9817 -24- individually or with his permanent employee or employees for electrical maintenance work within his own property but the provisions of this Agreement shall apply to the in- stallation of all new electrical work not elsewhere ex- cluded in this Definition. "The term 'permanent employee' as used in this paragraph is confined to any employee '-ho is regularly and continuously employed, or "ho has been so employed by any such owner or tenant within such owner's or tenant's own plant or property for a period of not less than six (6) months, "(f) The provisions of this Agreement shall not apply to the permanent maintenance department of a member in the Region or its electrician employees, "A permanent maintenance department is defined as a department engaged in maintaining, servicing or repair- ing of existing installations oi electric firing, devices or equipment or the moving and relocating of equipment with- in a plant or property,' "(g) The provisions of this Agreement shall not apply to temporary work installed by heavy construction and railroad contractors or highway contractors as hereinafter defined when such work is done by employees of those con- tractors. Temporary work is defined as work installed as an integral part of the construction operation but which ^ s removed at completion of the project. Heavy construction and railroad contractors and highway contractors are deiined as all general contractors as described in Section 2, Article I of Chapter! II of the Code of Fair Competition for the Con- struction Industry, except those general contractors engaged in the work °f constructing substantially in its entirety any structure intended for use for shelter, protection, comfort or convenience or modification thereof or addition or repair thereto." 3. "'The term 'Plumbing Contracting Division' or 'Division' as used herein includes selling to consumers and/or repairing or instrlling, for profit or hire, all types of plumbing equipment and fixtures, including water supply systems or parts thereof, drainage systems or parts there- of, plumbing connections to air conditioning systems, air and gas piping, gas and gasoline piping, vacuum cleaning systems or parts thereof, such other piping and equipment as is commonly handled by Master Flumbers, and all other arti - cles pertaining to plumbing." 4. "The term 'Plastering and Lathing Contracting Division' or 'this Division 1 as used herein means and in- cludes the business of furnishing and contracting to furnish 9817 -25- labor. and materials in the fabricating, mixing, applying, installing, altering or repairing of all plain or ornamental plastering used in construction projects regardless of the nature of the, materials used or the structure to which it is applied, including the use of pigments and their incorpor- ation in plastic materials used in simulation of other mater- ials, and including all lathing and light iron furring, metal corner beads, metal base beads and appurtenances used to re- ceive such plain or ornamental plastering, and including modeling, model making, and casting incidental to or in connection with the business of the Flastering and. Lathing Contracting Division." ' 5. "(a.) the term 'Tile Contracting Division' or 'this Division' as used herein means the contracting for the installation of .tiles, mantels and accessories. "(b) The term 'Tile' as used herein includes all kinds of glazed or unglazed products used for floor and wall surfacing which are made exclusivelv from clay and/or other ceramic materials and are burned in the course of manu- facture and ?hich in the case of glazed tile are composed of ceramic body and ceramic glaze. "(b) The word 'accessories' means items set in conjunction with the tile work; such as soap dishes, grab rails, tumbler holders, shelf brackets, tooth brush holders, sponge holders, paper holders, towel bars, door stops, hooks, and such related articles in various colors, styles and. combinations." 6. "The term 'Painting, Faperhanging and Decorating Division' or 'this Division' as used herein means the service of painting, woodfinishing, paperhanging and decorating and preparatory work incidental thereto, and such brancnes or subdivisions thereof as may from time to time be included under the provisions of this definition. "(a) The service of painting and/ or woodfinish- ing means the application of all paint, woodfinishing and painting materials of every description in and on all parts of new or old buildings and structures of every kind. "(b) The services of paperhanging and/or decorating means the application and/or installation of wall papers, hanging and decorative materials of every kind or description applied directly to the surface in or on buildings of all kinds. /'(c) Home owners and householders, including farmers, shall not be deemed to be 1 included within this definition in their performance individually or by their permanent servants or other help of like character on their home premises of any services described in this definition; 9817 -26- nor shall any such person, or any ou.ild.ing o^-ner or tenant, performing such services oj nis permanent employees and not for hire on or in buildings or structures owned or occupied by him be deemed to be included in this definition. "The term 'permanent employees' as used in this Toaragranh of this definition means and includes any employees. - 7 ho is given regular and continuous employment for a period of not less than six (6) months. "(o) Any individual, form of organization or enterprise, engaged in agricultural pursuits on his own or its own behalf, whil in the performance individually, or with members of any individual's family, or with nis or its regular employees, of any activities in the construction of any project to be used as a direct and integral part of iarmj oper? t i on sj which otherwise would be subject to the Code of Pair Competition for the Fainting, Paper-hanging and Decorating Division of the Construction Industry, shall not oe deemed to be in-, eluded within this definition. The term 'regular employee' as used in this paragrapn of this definition means any employee "hose regular and normal employment is confined to and is an integral part of such agricultural pursuits and includes individuals likewise engaged assisting in any such activities without pay from any such individual, form of organization or enterprise, in a cooperative en- deavor, "Painting, paperhanging or decorating incidental to highway construction including, but without limitation, the work involved in the construction of roads, streets, alleys, side walks, guard rails and . fences, parkways, park- ing areas, air-oorts, bridle paths, athletic fields, highway bridges, grade separations involving highways, light con- struction sewage and waterworks improvements, shall not be deemed as included in this deiinition." B. HOURS Maximum hours in twenty-nine of *he agreements (*) were set at forty per week, eight hours per day, exclusive of the lunch hour*' , (*) Nos. 1 and 2 under Tile Contracting Nos. 1, 2 and 3 under .Jason Contracting Nos. 1, 2, 4 and 5 under Electrical Contracting No. 1 under Plastering and Lathing No. 2 under plumbing Contracting Nos. 1, 4, 7, 6, 10, 11, 12, 13, 16, 17, 18, 19, 20, 2?, 23, 25, 28, and 29 under Fainting and Faperhanging. No, 22, however, ■orovided also for a thirty hour week for spray painting. 9817 -27- for not more than five days in any seven day period. The forty hour week, eight hour day provisions in two agreements (*) were varied "by a provision that employees might work six days in any seven day period. Under the provisions of eight of the agreements, (**) an employee was to work not more than seven hours in any day, nor more than five days in any seven or thirty-five hours per week. One agreement (***) combined the forty hour and thirty-five hour week provisions by providing that during the months of April, May, June, July, August and September, not more than forty hours per week were to be worked, while thirty-five hours per week was the maximum set for the other six months of the year. Three agreements (****) provided that no employee was to work in excess of thirty hours per week, six hours in any twenty-four hour period, or five days in any week. In addition, Agreement No. 22 under the Fainting and Paperhanging Division provided for a thirty- hour week on spray painting although 'other employees subject to that agreement observed a. forty-hour week. Twenty-two agreements (*****) contained no provision con- cerning shifts. Nine agreements (******) provided that more than one shift could be worked if permission were obtained from the regional com- mittee, which was to be equally representative of members and employees in the region concerned and approved by the Construction Flanning and Adjustment Board, established under Section 5, Article III, Chapter I of the Construction Code. Of tnese nine agreements, (*) Nos. 3 and £4 under Fainting and Paperhanging. (**) No. 1 under Flumbing Contracting and Nos. 2, 5, 6, 9, 14, 21 and 26 under Fainting and Paperhanging. (***) No, 27 under Fainting and Paperhanging. (****) No, 3 under Electrical Contracting, ' No. 2 under Plastering and Lathing, and No. 15 under Fainting and Paperhanging. (*****) Nos. 2, 3, 4, 6, 8, 9, 10, 11,' 12, 13, 15, 17, 19, 20, 24, 27 and 29 under Painting and Paperhanging; Fos. 4 and 5 under Electrical Contracting; No. 1 under Plaster- ing and Lathing; and. Nos. 1 and 2 under Plumbing Contracting. (******) Nos> 5( 16> 18> 2 2, 23j -6 and 26 under Painting and Paperhanging; No, 2 under Tile Contracting and No. 2 under Plastering and Lathing. 9817 -28- the seven under the Painting and Faperhanging Division, listed in the footnote to this' paragrapn, contained the additional proviso that the hourly and daily maxima were to be observed on all shifts. Agreements'. No. 2 under the Tile Contracting Division provided that less than the maximum number of hours was to be worked on the second and third shifts but w?s to be counted as the maximum number. Agreement Mo. 2 under the Flastering and Lathing Division made no provisions as to observance or non-observance of maxima, but simply provided that the written permission granted by the regional committee snould stipulate o 'clock. hours of shifts. Three agreements ■(•*■) which did not require permission from the regional committee for shift operation provided, however, that' hourly and weekly maxima were to be observed on all shifts. Five agreements ('**) provided that less than the maximum number of hours was to be worked where more than one or two shifts were worked, but such hours were to be .counted as the maximum number. One agreement (***) provided that shifts might be used for work which would "otherwise cause interfering concurrent operations" or could not be done with safety, A few agreements included such a proviso among others of more importance, such as the requirement of obtaining permission from the regional committee. One agreement (****) provided that t""0 or three shifts might be worked, irrespective of each other, if there were three or more con- secutive work days for each shift. Two agreements (*****) provided that three eight-hour shifts might be worked on operating and construction maintenance or repair work. The remaining sections of Article II varied from agre'ement to agreement but for all practical purposes, the following may be con- sidered typical provisions concerning holidays and exceptions from hour provisions previously set forth: "Section 4. Holicays . No employee shall work or be 'permitted to to work on Saturdays after 8:00 A.M., Sundays, Decoration Fay, Inde- pendence Day, Labor Day, Thanksgiving Day, or Christmas Day, or on days upon which these holidays are celebrated, except as provided in Sections 5 and. 7 hereof. (*) Nos. 1, 21 -and 25 under Painting and Faperhanging (**) No. 14 under Painting and Faperhanging; No. 1 under Tile Contracting and Nos. 1, 2 and 5 under Mason Contracting. (***) jj 0# 7 under Painting, and Faperhanging. (****) No. 3 under Electrical Contracting. (*****) Nos. 1 and 2 under Electrical Contracting, 2817 -29- "Section 5. Exception s. Employees may work and, may be permitted to work on the days excepted in Section 4 hereof, or outside regular hours, on work (l) that would otherwise Cause interfering concurrent operations in or on the premises, or (?) that would interfere with safety to anyone; provided that in either case application for such exception shall be submitted by or on behalf of each member in, the Regi.on and his employees as desire the exception to a committee (which is equally repre- sentative of members in the Region and employees) approved by the Construction Flanning and Adjustment Board, established under Section 5, Article III, of Chapter I of the Code of Fair Competition for the Construction Industry, or any duly authorized agency thereof, and provided further that permission to so work is given in writing' by said committee, "Nothing in this Section shall permit any employee working or being permitted to work in excess of the maxima provided in Section 1 hereoi , nor shall any such exception be granted under this Section for a period of more than seven (7) consecutive days. "The committee granting such permission shall establish uniform rules and regulations for so doing. The committee and its rules and regulations shall be subject to rules and regulations, including but without limitations uniform reasonable variations, as now or hereafter may be issued by the National Industrial Recovery Board, or any other agency having jurisdiction. "No prosecution for violation of this Section shall be made unless the National Industrial, Recovery Board or other authorized agencv, shall find that conditions (l) and : (2) did not exist or that the work was performed on days excepted : in Section 4 hereof, or outside regular hours, and that the written permission hereinbefore specified was not obtained. "Section 6. Employment, by Others. No member in the Region shall knowingly permit any employee to work, and no employee shall work for any time which, when added to the time spent at work for another member in the Region or other members in the Region, or otherwise, exceeds the hourly, daily or weekly maxima permitted herein. "Section 7. Eme rg encies . The provisions of the pre- ceding sections of this Article are not applicable to emer- gency work involving protection of life or property." 9817 -30- C. ^A GES 1 . Mason Co ntra ctors Division . Agreements 2 and 3 under this division provided that the rate of wages for "bricklayers was to be not less than $1.25 per hour; for foremen $1.50 and $1,371? per hour, respectively; and for helpers, under Agreement 3, $.87* per. hour. Agreement 1 set a wage of $1.50 per hour for bricklayers. All agreements in this division provided that twice the rate for regular hours was to be -paid for overtime, i.e., any time spent working over eight hours in any day or on holidays, except that from 6 to 7-p- hours worked on the second and third shifts were to be paid at the rate of 8 hours regular work. 2. Electrical Contracting Division . Agreement 1 set a wage rate of $1.50 per nour for Class A journeymen and $1. CO for Class 3 journeymen, with foremen receiving not less than 6rtf per hour more than the rate of wages for the class of journeymen thev were supervising. Agreement 3 provided a minimum wage of $1.20 per hour for journeymen, $1.35 for foremen; Agreements 2 and 5 set a minimum wage of $1,25 per hour for journeymen, with a minimum of 12-4- percent more for foremen under Agreement 2 and not less than $1.37— per hour for foremen under Agreement 5. Agreement 4 provided a minimum ^age of $1.50 per hour for journeymen, with wages for foremen ranging from that to $1.87^ per hour depending upon the cost of the job. The rates for apprentices for the first year were either to be by contract or 40 cents per nour; for the second year, .from 50 to 70 cents per hour; third year, from 62? to 60 cents per hour; fourth year, from 75 cents to $1.00 per hour. Agreement 1, however, provided rates as follows for apprentices; second year, one-third; third year, one-half; and fourth year, t'»o-thirds the rate of wages of their class of journeymen. The five agreements under this division provided that all work performed outside regular hours was to be compensated for at two times the rate for regular hours, except such work .for which permission had been obtained from the regional committee to perform. Agreement 1 provided for payment of one and one-third times the regular rate on shut-down ^ork ™*hile Agreement 5 provided for one and one-half times the regular rate on emergency work. For operating maintenance and repair work, Agreements 1 and 2 set an overtime rate of one and one- half for the first three hours over eight, and of twice the regular rate for all hours over eleven. 3. Plumbing Contracting Division . Agreement 1 set a minimum vr a ge rate of $1.14 2/7 per hour for journeymen; for apprentices, first year, $12.00 per week, second year, $14.00 per week; third year, $16.00 per week; fourth year, $20.00 per 9817 -31- week; and fifth year, $25,09 per week. All overtime was to be compen- sated for at two times the rate for regular hours, except on emergency work which was to be paid for at the regular rate unless occurring on holidays. Agreement 2 set a minimum '"age of $1,20 per hour for journeymen; for apprentices, 25$, 40$, 55$, 70$ and 85-b of the journeyman's wage respectively for the first, second, third, fourth and fifth years. All overtime was to be compensated for at one and one-half times the rate for regular hours, 4. Plastering; and Lathing Contracting Division, The minimum rates of wages set for the various types of employees in this division were as follows for Agreements 1 and 2, respectively: plasterers and lathers., $1.00 and $1.25 per hour; modelers, $1.50 and $2.00 per hour; model makers, $1.00 and $l,25..per hour; casters, 90 cents and $1.12+ per hour; plasters' tenders, $1.10 per hour (•Agreement 2 only). , Both agreements set wages for apprentices at 30$, 40$, 60$ and 75$ of journeymen's wages for the first, second, third and fourth years, respectively. Agreement 1 provided for over- time payment at twice the regular rate; Agreement 2, one and one-half times the regular rate, 5. Tile Contracting Division . Agreement 1 set a minimum wage of $1.12+ per hour for journeymen; for helpers, 75 cents per nour; for apprentices, 40$, 60$ and 75$ of the journeyman wage rate for the first, second and third years, respectively. Agreement 2 set a minimum wage of $1.00 per nour for all of the region covered exept Allegheny County, Pennsylvania, and for, that county, $1.25 per hour. Under both agreements, employees working, on the second and third shifts were to be paid at the rate of eight hours' regular pav for seven hours' actual work. The overtime rate was one and one-half times the regular rate except on holidays, when twide the regular rate was to be paid. 6 . Painting, Paperhanging and Decorating Division . Agreement 24 set a minimum ™age of 60 cents per hour; Mo, 12, 75 cents per hour. Agreement 25 provided a minimum wage rate of 82+ cents per hour with 87+ cents per hour for work after 7 p.m. Agreements 8, ly and 20 set a minimum wage of ; 80 cents per hour; Agreement 1, rates of 80 and 85. cents in two zones of , the region, with 10 cents more per hour in each case for night shifts. Agreement 3 provided a minimum wage of 80 cents per hour, with a rate of 92+ cents per hour on exterior swinging stage work of four stories or higher. Agreement 13 set a minimum rate of 85 cents per hoar, with 95 cents per hour on swinging stage work over thirty-five feet from the ground; while Agreement 6 set a minimum of $1.00 per hour wi th $1.10 for swinging stage work. 9817 -32- Agreements .7 and 18 provided different minima for different periods during their life. time;, the former s.et a . minimum rate of 75 cents per hour from its effective date of March 31, 1935, of.... 87-5- cents from April 1 to June 30, 1935, with 'foremen receiving in each case 5 cents more per hour; the latter set a minimum of 60 .... cents per hour from its effective date to April 30, 1935, of 70. cents thereafter, with 12? cents per hour for. spraying machine work. •■ Agreement 2 provided for a wage rate of 90 cents per hour for painters and 86 cents per hour for paperhangers and decorators? from midnight to 8:30 a.m. on regular days of employment painters ■•■ were to he paid $1.35 per hour: paperhangers and decorators, .$1,29 .per hour; before midnight on holidays painters were to receive $1.20 per hour; paperhargers and decorators, $1.15 per hour. ['.J ,_: Agreement 9 provided for a minimum wage rate of 90 cents per hour; Agreements 4, 5, 10, 11, 21, £3 and 29, $1.00 per hour. Agree- ments 17 and 22 set a basic minimum wage of $1.00 per hour with $.1.50 per hour under the former and .$1.25 under the latter for spraying machine work. . : * ■ \ Agreement 16 provided for several minima - $1.00 per , hour on new construction or 'public work.- (public work not including ■ .•■••. ..as that for borrowers from the Federal Housing Administration ana tne Home Owners Loan Corporation); 87-? cents per hour on old or repair work, excluding public work; $1.10 per hour for painting on structural steel; and $1.26 per hour for spraying machine work. Agreement 26 set a minimum wage rate of $1,10 per hour. Agreements 15, 27 and 28 'set a basic minimum wage rate, of $1.20 per hour;, with provisions in No. 15 for $1.36 2/3 per hour for fore- men, in No, 27 for $1,32^ per hour for spraying machine work., and in No. 28 for $1.25 per hour for gra.iners. . ••> , Agreement 14 provided for minima of $1.28-4/7 per hour for painters and of $1.50 per hoar for paperhangers and decorators. Agreements 2, 3, 5, 9, 10, 11, 12 and 20 contained no provisions concerning apprentices. • ' .- Below are set forth the weekly '» a g e rates, or the percentages of 'journeymen's wages in six-mc nth periods which were paid to apprentices under eight of the agreements in the Painting and Paperhanging Division: 9817 -33- Agreement First Second Third Fourth Fifth Sixth Number 6 mos. 6 mos. 6 nos. 6 mos, 6 mos. 6 mos. 1 $12.00 $15.00 $16.00 $21.00 $22.00 $23.00 19 12. 30 15.00 18.00 21.00 22.00 23.00 7 12.00 14.00 16.00 18.00 16.00 lb. 00 18 50% 55% 60% 65% 70% 75% 23 25$ 35$ 45% 55% 65% 75% 27 25% 35$ 45- t . 55% 65% 75 29 40% 45% 50% 55% 60% 70 .. 13 30% 35% 40% 45% 50% 55. j (*) (*) For the seventh and eighth six month periods, the percentages of journeymen's wages paid apprentices under Agreement 13 were 65 and 80 respectively. The percentage of journeymen's wages, or the daily, hourly or weekly wage rates paid apprentices under ten other agreements in this division are below set f:>rth in yearly periods: Agreement First Year Second Year Third Year Fourth Year Number 4 35% 45% 55% 70$ 6 40% 50% 65% 80% 8 One-half two-thirds three-four ths 14 35% 45% 55% 65% thereafter 100% 16 $3.00 $4.00 $5.00 per day 17 40% 55% 75% 24 30*/- 40^ 50* per hour 25 40% 60$ 8 5$ 26 25% 50$ 7:.$ 28 $15.00 $27.00 $35.00 per week Agreement 15 contained the following provisions for apprentices' wages.' for the first 3 raonths, 30 cents per hour; for the second 3 months, 33-1/3 cents per hour; for the next 6 months, 42 cents per hour; for the second year, 60 cents per hour; and for the third year, 75 cents per hour. Agreement 21 provided that the starting wage for apprentices was to be 36% of Journeymen's wages; alter 6 months, 43%; after 1 year, 50%; after 1 year and 6 months, 55%; after 2 years, 64%; after 2 years and 6 months, 71%; after 3 years, 79%; after 3 years and 6 months, 86%; after 4 years, 93%; after 4 years and 6 months, 100$. 9817 — t_r±— Agreement 22 set the following scale of percentages (based on $1,00 per hour for journeymen) for wpges to apprentices: first 6 months, 35\>; second six months, 40%; third 6 months, 45%; fourth 6 months, 50%; fifth and sixth 6 months, 55%; seventh 6 months, 60%; eighth 6 months, 65%; after the fourth year, 100%. As to overtime,' Agreements 2, 3 and 24 contained no provisions. Agreement 8 'provided that one and one-fourth times the regular rate was to he paid for all overtime. Agreements 6, 7, 9, 11, 12, 13, 16, 17, 16, 19, 20, 23, 25 and 26 provided that time and one-half be paid for overtime, while Agreements 1, 4, 5, 14, 22 and 26 set an overtime rate of twice the regular rate. Agreement 10 provided that twice the regular rate be paid for "'ork on Sunday, one and one-half times the regular rate for work outside regular hours and on holidays, and. one and one-fourth times the regular rate for work for which permission was obtained to perform from the regional committee. Agreement 15 provided that one and one-half times the regular rate be paid for overtime between 4 p.m. midnight and on Sundays and twice the regular rate for overtime between midnight and 9 a.m. and on holidays. Agreements 21 and 29 provided that one and one-half times the regular rate be paid for all work outside regular hours, except for work on holidays for which twice the regular rate was paid. Agreement 27 provided that overtime between 6 p.m. Saturday and 8 a.m. Monday w PS to be paid for at twice the regular rate, all other overtime at one and one-half times the regular rate, except that overtime during the months of January, Februa?y, and March on the interiors oi old, occupied business- places was to be compensated at the regular rate. D. CONDITIONS OF EMPLOYMENT All of the area agreements under the Construction Code contained provisions governing the safety and health of employees. Some of the agreements stipulated in detail the precautions to be observed in protecting employees in the various phases of their work, while others simply required that each employing member was to provide for the safety of his employees "by at least complying with all federal, state and municipal laws and ordinances and applicable ERA code provisions in the performance of any project in the- region." In addition to provisions concerning safety and health, each agreement set forth requirements, of which the following are typical, in the article entitled "conditions of employment": 9617 -35- " Contracting . No member in the region shall directly or indirectly or by any subterfuge sub- let solely the labor services required by any contract secured by such member. No. member in the region shall avoid or evade the labor pro- visions of this agreement by contracting his work to any person or persons subject to labor provisions less stringent than those provided in this agreement." ********** " Complaints . No member in the region shall dis- miss any emplovee for making a complaint or giv- ing evidence' with respect to an alleged violation of any provision of this agreement or of any code of fair competition apt>rovec under Title I of the National Industrial Recovery Act." ***.****** " Rebat es. Members in the region, emplovees, or their agents, shall not accept or give, directlv or indirectly, any rebates on wages." " Laws . No provision of this agreement shall supersede any state or federal law v, hich im- . poses more stringent requirements as to the - standards of hours of labor, rates of pay, and other conditions of employment provided by this Agreement. " £. OTHER PROVISIONS The remaining articles of all agreements set forth the mandatory provisions of Section ?(a) and 10(b) of the Act, the right of amend- ment, and a general provision concerning handing of violations. The following are typical articles concluding the agreements: " Bargaining "Emplovees shall have th< right to organize and bargain collectively through representa- tives of their o^n choosing and shall be free from the interference, restraint or coercion of their employers or their agents in the de- signation of such representatives or in self- organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; and no employee and no one seeking employment shall be required as a condition of emplovment to join anv company 9817 -36- \a?Jon or to refrain from joining, organizing or assisting a labor organization of his own choos- ing; and members in the region shall comply -with the maximum hours of labor, minimum rates 01 pay, and other conditions of employment, approved or prescribed by the President." " Presidential Power ■ "This agreement and all the provisions thei-eof are expressly made subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the Act, from time to time to cancel or modify any order, approval, license, rule or regula- tion issued under Title I of the Act and specifically, but without limitation, to .the right of the President to cancel or modify his approval of this Agreement, or any conditions imposed by him upon such approval. 11 " Amendment ■' "The provisions of this agreement, except as to pro- visions required by the Act, may be amended un the basis of experience or change in circumstances, such amendment to be based upon application to the Presi- dent, and such notice and hearing as he shall specify and to become' effective on his approval." " Violations "Any complaints of violations of this agreement shall be subject to investigation oy the National Industrial Recovery Board or such Board or Boards as are estab- lished by the National Industrial Recovery Board for that purpose for the Division defined herein pursuant to the provisions of Section 1, Article III of the Code of Fair Competition for the Construction Industry." 9817 -37- APPENDIX I HON- SUSPENDED PROVISIONS OF THE CODE OF PAIR COMPE- TITION FOR THE CLEANING AND DYEING TRADE AS APPROVED Oil NOVEMBER 8, 1933 ARTICLE I PURPOSE : ■ To effecturate the policies of Title I of the National Industrial Recovery Act the following provisions (Schedule A) are established as a Code of Fair Competition for the Cleaning and Dyeing Trade, and shall he the standard of fair competition for such trade and shall he "binding upon every member thereof. ARTICLE II DEFINITIONS 1. The term "cleaning and dyeing trade" as uaed herein includes all cleaning and dyeing establishments* 2. The term "cleaning 3.nd dyeing establishment" as used herein in- cludes any vilace or vehicle where the service of drycleaning, wet-clean- ing as a 'process incidental to drycleaning, dyeing, spotting, and/or finishing any fabric is rendered for hire, or is sold, resold, or offered for sale or resale. The terra does not, however, include establishments where any such service is performed solely in the course of the original - manufacture of fabrics. 3. The tarm "fabric" as used herein means any article of wearing apparel (including hats), household furnishing, textile, fur and leather, 4. The term "drycleaning" as used herein means the process of cleaning fabrics by immersion and agitation, or by immersion only, in volatile sol- vents (including, but not by way of limitation, solvents of the petroleum ' distillate type, the coal tar distillate type, 'and the chlorinated hydro- crbon type) and -orocesses incidental thereto (including, but without limi- tationj spotting, wetcleaningj and finishing). 5. The term "spotting" as used herein means the- process designed ■ to remove spots or stains which remain in r fabric after it has been sub- jected to -.the other processes of drycleaning. 6» The term "finishing" as used herein means theprocess of pressing and/ or reshaping any fabric » which is designed to restore as nearly as possible the shape, dimensions, and contour of said fabric. 7. The term "cleaning plant" as used herein includes any cleaning and dyeing establishment equipped to perform drycleaning. 9317 -38- 8. The- terra "retail outlet" as used herein includes any cleaning and dyeing establishment where .drycleaning is sold, or offered for sale, directly to the consumer; the term' '"retailer" means any member of the cleaning and dyeing trade by end/ or for whom a retail outlet is operated. 9. The~ term "member of the. cleaning and dyeing trade" as used herein includes anyone engaged in the operation of a cleaning and dyeing establishment as above defined either rs an enrol oyer or in his own behalf* 10. The., term "employee" as used herein includes anyone engaged in the cleaning and dyeing trade, in any capacity, receiving compensation for his services, irrespective of the method of payment of such compen- sation. (a) The. term "plant employee" as used herein includes any em- ployee working in a cleaning plant who is actually engaged in drycleaning and/or dyeing or any of the processes incidental thereto and/ or is engaged in the maintenance of said plant (including, but without limitation, engin- eers, firemen, maintenance employees, and watchmen). (b) The. term "clerk" as used herein includes any employee work- ing in the office of a cleaning and dyeing establishment who is engaged in work of a clerical, accounting, sales, or service character. (c) The term "route salesmen" as used herein includes anyone employed "ay a member of the cleaning and dyeing trade on a, salary and/or •commission basis to solicit the sale of the dry-cleaning service 'of such member, call for fabrics to be dry-cleaned and/or to deliver such fabrics, and/or to collect payment. (d) The term '-"executive" as used herein includes any employee responsible for the management of a. business or of a recognized subdivi- sion thereof. (e) The term "watchman" as used herein includes any employee engaged primarily in safeguarding the premises 'and property of a cleaning and dyeing establishment. 11. The term "employer" as used herein includes anyone by whom such employee is compensated or employed. 12. Population, for the purposes of this Code, shall be determined by reference to the Fifteenth Census of the United States (U.S. Department of Commerce, Bureau of Census, 1930). 13. The terms "President", "Act", and "Board", as used herein mean, respectively, the President' of the United States, the national Industrial Recovery Act, and the National Industrial Recovery Board. 9817 -39- iHTICLE III HOURS 1* Except as hereinafter expressly stipulated otherwise — (a) Ho engineer, fireman, and/or maintenance employee shall he permitted to work in excess of 43 hours in any one week, (h) No clerk employed hy any retailer shall he permitted to work in excess of 48 hours in any one week, (c) . No route salesmen in cities of a -copulation of 25,000 or more shall he permitted to work in excess of 48 hours in any one week. No route salesman in cities or towns of less than a population of 25,000 shall he permit ted to work more than six (6) hours per week in excess of 48 hours, (d) No other employee shall he permitted to work in excess of 48 hours in any one week, 2, The maximum hours fixed in the foregoing Section shall not apply to (a) Watchmen. (h) Executives receiving a salary of $30 or more per week, including employers, . (c) Employees on emergency maintenance, or emergency repair work involving "breakdowns, or protection of life or of property, hut in any such special case at least 1-1/3 tines the normal rate sahll "be paid for hours worked in excess of the maximum hours herein provided, 3, The maximum hours fixed in paragraphs (a) and (d) of Section 1 of this Article shall not apply during peak periods to consist of not more than nine (9) weeks prior to December 31, 1933, and of not more than nine (9) weeks in any six (6) months' period thereafter, provided, how- ever, that in any six (6) months' period the average weekly hours of labor for employees covered in said paragraphs shall in no event exceed ': the maximum weekly hours prescribed in said paragraphs, Euring such peak periods no employee covered in said paragraph (a) shall he permitted to work in excess of fifty-three (53) hours in any one week, . and no employee covered in said paragraph (d) shall he permitted to work in excess of forty-five (45) hours in pit/ one week. The provisions of this Section shall not apply where, hy reason of the existence of unutilized equipment in such plant and competent personnel for. employment, no hardship would "be imposed on an en j1 oyer hy compliance with said. paragraphs (a) and (d), 4, No employee shall he permitted to work more than six (6) days in any seven (7) day period. 9317 5. Notwithstanding the exemptions fro 1 maximum hours provided "by Section 2 (b) of this Article, such exemptions shall not, in any ca.se apply to more than one worker (in addition to those covered "by paragraphs (a) and (c) of Section 2 of this Article) for every five (5) workers or fraction thereof. For the purpose of this Section, the work "worker" shall "be deemed to include employers, executives, and persons not receiv- ing monetary wages, when such persons are actually engaged in drycleaning and/or dyeing or any of the -processes incidental thereto. ARTICLE IV '7AGES 1. For the purpose of prescribing -.proper standards as to minimum rates of pay, the United States is divided into two (2) areas: (l) The Southern area, which shall include the states of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, ITorth Carolina, South Carolina., and Tennessee, and (2) the ITorthern area, which shall include the remainder of the United States, its territories, colonies,, and posses- sions. 2. Ho plant employee shall be paid at le-ss than the following ra„tes per hour: III TIG WB3SEBS AREA PER HOUR Zone 1 - Cities over 500,000 population and their local trade areas ------------------ $0»33 Zone 2 - Cities between 100,000 and 500,000 population, not covered by Zone 1, and their local trade areas- - .30 Zone 3 - Cities of less than 100,000 population, not cov- ered "by Zones 1 and 2, and their local trade areas .27 IB THE SOUTHEKi'T AREA The entire area -------------------- .20 3. Ho other employee shall be paid at less than the following rates per week: III THE iroRTHERLT AREA PER T7EEK Zone 1 - Cities over 500,000 population and their local trade areas ---'----------___-- $14,00 Zone 2 - Cities between 100,000 and 500,000 popu- lation not covered by Zone 1, and their local trade areas _ 13.50 Zone 3 - Cities of less than 100,000- population, not covered by Zones 1 and 2, and their local trade areas 13.00 9817 -41- i IN THE SOUTHERN AREA PER WEEK Zone 1 - Cities over 500,000 population and their local trade areas --.-----..-.--.-.--.. .. - _ $13,00 Zone 2 - Cities between 100,000 and 500,000 population, not covered "by Zone 1, and their local trade areas - 12#50 Zone 3 - Cities of less than 100,000 population, not covered "by Zones 1 and 2, and their local trade areas 12.00 4. Sections 2 and 3 of this Article establish minimum rates of pay regardless of whether an employee is compensated on a time rate, piece- work, or other basis. These minimum rates of pay shall ap-oly to common labor or other totally unskilled labor, 5. No employee r/hose full-time weekly hours are reduced by rea- son of the provisions of Article III of this Code by less than twenty percent (20$) shall hrve his or her full-time weekly earnings reduced. No employee whose full-time weekly hours ere reduced by reason of the provisions of Article III of this Code, in excess of twenty percent (20$) shall have his or her said earnings reduced by more than fifty percent (50$) of the amount calculated by multiplying the reduction in hours by the hourly rate, 6» The wages and ra.tes of pay of employees receiving more than the minimum wages and ra.tes hereinabove prescribed shall be readjusted so as to preserve equitable differentials, 7, Eemale employees performing substantially the same work as male employees shall receive the same rate of pay as male employees, 8, No deduct ion from wages shall be made or permitted for the housing and/or boarding of any employee within a cleaning and dyeing establishment* ARTICLE V GEKERAL LABOR PROVISIONS 1, No person under 17 years of age shall be employed in the trade. In any state an employer shall be deemed to have complied with this provision if he shall have on file a certificate duly issued by the authority empowered to issue employment certificates, showing tha.t the employee is of the required age, 2» Employees shall have the right to organize and bargain collec- tively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, 3, No employee ajid no one seeking employment shall be required as a condition of employment to join ruvj company union or to refrain from joining, organizing, or assisting a labor organization of his own choos- ingr, ■• - -42- 4, Employers shall -comply with the maximum hours of lahor, mini- mum rates of pay, and other conditions of employment, approved or prescribed hy the President. ' ■. ...'.■ 5. Within each State this Code shall not supersede any laws of such State imposing more, stringent requirements, regulating the ages of employees, wages, hour's of work, or health, fire, or» general work- ing conditions than under this Code. : 6. Employers shall not reclassify employees or duties of occupa- tions performed hy employees so as to defeat the purposes of the Act. •7, Each employer shall post in conspicuous places full copies of this Code. 8» Coercion of employees to ryurchase stock of an employer's ■company as a. condition to obtaining payment of past-due wages or for any purpose designated to substitute such purchase in whole or in part for full payment of wages. •■' • ARTICLE VI :•■■•.-. MONOPOLIES ■• . :• No provisions of this Code shall he so applied as to permit monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. ARTICLE VII MODIFICATION The President may from time to time cancel or modify any .order, approval, license, rule, or regulation issued under the Act. ARTICLE VIII EFFECTIVE DATE The effective date of this Code shall "be the second Hondry after the approval "by the President. 9817 -43- APPENDIX II 1!01J-SUSPEI~DED PROVISIONS OF TEE CODE OP PAUL COMPETITION POP THE SHOE REBUILDING TRADE AS APPROVED CIT MARCH 27, 1934 ARTICLE I PURPOSE To effectuate the policies of Title I of the rational Industrial Recover" Act, the following provisions (Schedule A) are established as 1~' a Code of Pair Competition for the Shoe Rebuilding Trade, and shall be the standards of Pair Competition for such Trade and shall be binding upon every member thereof. ARTICLE II DEFINITIONS 1. The term "Shoe Rebuilding Trade", as used herein, means the repairing, rebuilding, and remodeling of any and all hinds of foot- near and the performance of all work incidental thereto, 3. The term "member of the Trade", as used herein, means any individual, partnership, association, corporation, or other entity engaged in the Trade, either as an employer or on his or its own behalf. 3. The term "employer", as used herein, means anyone by ?;hom any employee is compensated or employed. 4. The term "employee 11 , as used herein, means any and every person engaged in the Trade in any capacity who receives compensation for his services, irrespective of t"<e nature or method of payment of such compensation, except a member of the Trade. (a) The term "shoe rebuilder", as used herein, means any person engaged in the rebuilding of footwear. (b) The term "executive", as used herein, means any employee solely responsible for the management of a business or of a recognized subdivision thereof. (c) The term "bootblack", as used herein, means any person solely engaged in cleaning and polishing shoes and kindred personal services. 9817 .. :.. _44- 5. The terms "President", "Act", and "Board", as used herein, means respectively the President "of the United States, Title I of the National Industrial Recovery- Act, and the national Industrial Re- covery Board. 6. Population for the purpose -.of this Code shell be determined by reference to the 1930 Federal Census. ARTICLE III HOURS 1. To eimloyee shall be permitted to v:ork in excess of forty- e'igh't (40) hours in any one week or eight (o) hours in any twenty- four (24) hour -period. beginning at midnight, excent on Saturdays and days preceding legal holidays, in which event employees may be per- mitted to wort not more than ten (10) hours. (a) The maximum hours fixed in the foregoing paragraph shall not apply to executives who are regularly paid a salary of $35.00 or i more per week in cities of 500,000 population or more and their trade areas, or $52.50 or more per week in cities between 100,000 and 500,000 population and their trade areas, or $30,00 or more per week in cities of less than 100,000 population and their trade areas. 2. Notwithstanding the exemptions from maximum hours provided by section 1 (a) of this Article, such exemption shall not in any case apply to more than one 'worker to every ten (10) workers or major fraction thereof, provided that any shop may have at least one such worker. For the ^ur-ioso of this section, the word "worker" shall be deemed to include employees, employers, owners, managers, and persons not receiviu_. monetary wages, when such persons arc actually engaged in any work other than of an exclusively managerial or supervisory character. 3. To employee shall be permitted to work more than six days in any seven day period. 4. No employer shall knowingly -permit, any employee to work for any time which when totaled with that already performed with another employer or employers, exceeds the maximum -oormittcd herein. ARTICLE IV IIINIiiull NACE 1. ho show rebuilder shall be paid at less than the following ra„tes: Per TiTcek Zone 1: Cities of 500,000 population or more and their trade areas $20.00 Zone 2: Cities of between 100,000 and 500,000 population, not covered by Zone 1, and their trade areas 17.00 9817 ■*45- Zone 3: Cities of less than 100,000 population, not covered by Zone 1 and 2, and their trade areas $15.00 3. I'o other employee, except bootblacks, shall be paid at less than the ■following rates: Per We el: Zone 1: Cities of 500,000 -oo-mlation or more and their trade areas ". .' $15.00 Zone 2: Cities of between 100,000 and 500,000 population, not covered by Zone 1 and their trade areas 14.00 Zone 3: Cities of less than 100,000 population, not covered by Zones 1 and 2, and their trade areas. 13.50 3. To bootblack shall be paid at less than the rate of $6.00 per week in addition to any tips or other gratuities received. 4. This Article establishes minimum rates of pay which shall apply regardless of whether an employee is actually compensated on a time rr„te, piece work, or other basis. 5. No member of the Trade, ~bj reason of the adoption of this Code, shall reduce an employee's total weekly compensation (based on the four-week period to June 16, 1933), whether based on an hourly, weekly, or other rate, notwithstanding the fact that the hours of work ._ of such employee may be reduced hereunder. 6. No part-time employee shell be paid at less than the rate of fifty cents (50rf) per hour. 7. Femal employees performing substantially the same work as male employees shell receive the same rate of pay as male employees. 8. Employers shall make payment of all wages and salaries due in lawful currency or by negotiable check therefor payable on demand. Wages and salaries shall be exempt from any payments or charges what- soever ether than those voluntarily paid by the employee 'or required by law. Employers shall agree with employees not to withhold wages or salaries, end to pay wages at least at the end of every two weeks' period, and salaries at least at the end of every month. The employer or his agent shall accept no rebates directly or indirectly on such wages or give anything of value or extend favors to any person for the purpose of influencing' rates of wages or the working conditions of his employees. ARTICLE V GENERAL LATOE PRO VISIONS 1. lie person under 17 years of age shall be employed in the Trade except bootblacks, who may be employed if 16 years of age or over. In any State an employer shall be deemed to have complied with this pro- vision if he shall have on file a certificate or permit signed by the 9817 -45- i authority in such state empowered to issue employment certificates or permits, showing that the employee is of the required age; 2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interferences, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organisation or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. 3. ITo employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing. 4. Employers shall comply with the maximum hours of labor, mini- mum rates of pay, and other conditions of employment approved or pre- scribed by the President. 5. Within each State this Code shall not supersede any laws of such State imposing more stringent requirements regulating the ages of employees, wages, hours of work, or safety, health, or general working conditions than arc imposed under this Code. 6. Employers shall not reclassify employees or duties of occu- pations performed by employees, or engage in any other subterfuge, so as to defeat the purposes of the Act or of this Code. 7. Each employer shall post and keep posted in ten-point type or larger a complete copy of this Code and the name and address of the nearest official place where code violations may be reported, in English and such other languages as the employees may need to under- stand it, in conspicuous places readily accessible to the employees. 0. An employee shall be paid at least his full rate of pay for all time required to be spent at the place of employment or in connection with the discharge of duties of such employment. 9. ho employer shall contract his work to any person to be done except when such person is subject to the provisions of this Code or the Code adopted for the trade or industry covering such work. 10. It is not the intention of this Code to modify established practices or privileges as to vacation periods or sick leave. 11. he employee shall be dismissed by reason of making a com- plaint or giving evidence with respect to a violation of this Code. 12. Every employer shall make reasonable provision for the safety and health of his employees at the place and during the hours of their employment. 9817 -47- ARTICLE VI iJDNOPOIIES 17o provision of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against enterprise. ARTICLE VII MODIFICATION 1. This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the pro- visions of subsection (b) of section 10 of the Fational Industrial Hecover^ Act, from time to time cancel or modify any order, approval, license, rule, or regulation, issued under Title I of said Act and specifically, but without limitation, to the right of the President to cancel or modify his approval of this Code or any conditions im- posed by him upon his approval thereof. 3B« This Code, except as to lorovisions required by the Act, may be modified on the basis of experience or changes in circumstances, such modif ications to be based upon application to the Board and such no- tice a,nd hearing as it shall specify, and to become effective on approval of the Board. ARTICLE VIII EFFECTIVE BATE The effective date of this Code shall be the second Monday after arvproval by the President. 9817 -48- APPENDIX III Administrative Order No. X - 80 APPROVING ONE EOEIi OF ADMINISTRATOR'S TERRITORIAL COOPERATION AGREEMENT. Being empowered by Executive Order No. 6750-A, dated June 27, 1934, to enter into agreements pursuant to Section 4 (a) of the National Industrial Recovery Act with persons engaged in trade or industry in Puerto Rico or in the Ter- ritories of Hawaii and Alaska, and having in Office Order No. 102, dated July 14, 1934, indicated a desire to approve the form of agreement to be entered into pursuant to Administra- tive Order No. X-60, dated July 2, 1934; NOW THEREFORE . I approve the form of Administrator's Territorial Cooperation Agreement which is attached hereto and marked by me as "Exhibit A". (Signed) HUGH S. JOHNSON, Administrator for Industrial Recovery, Approval Recommended: Linton M. Collins , Acting Division Administrator. Washington, D. C. August 27, 1934. 9817 EXHIBIT "A" ADMINISTRATOR'S TERRITORIAL COOPERATION AGREEMENT (Authorized by Section 4 (a) of the National Industrial Recovery- Act, and Executive Order of June 27/ 1934.) The undersigned hereby agrees with the Administrator for Industrial Recovery as follows: (1) This Agreement shall become effective upon approval thereof by the Administrator, and shall be and remain in effect until: (a) A separate code, or modification of mainland code, for the Territory, to which the undersigned is subject, has .been approved by the President; or (b) The Deputy Administrator for the Territory of shall order its termination; or (c) In any event, not later than June 15,1935. (2) The term "employee" as iised herein includes any and all per- sons engaged in the trade /industry of the undersigned however compensated. (3) No employee shall be permitted to r -ork in excess of hours in any one week, or hours in any one day, except' for ■ weeks in any calendar .year, any employee may be permitted to work not more than h our s per week, or hours per day. However, before undertaking to work any employees for the hours per week, or hours per day, permitted in the above exception, the undersigned will notify the Deputy Administrator for by letter addressed to him at of the intention to work employ- ees for such period during specified weeks. All hours in excess of per day or per week shall be paid for at not less than one and times the employee's regular rate of pay. (4) The provisions of Paragraph 3 shall not apply to employees en- gaged in emergency maintenance or emergency repair work involving break- down or the protection of life or property, nor to persons employed in a managerial or executive capacity who earn regularly dollars per week or more; provided, however, that employees engaged in such emergency maintenance and emergency repair work shall be paid at one and _times their normal rate for all hours worked in excess of hours per week. (5) No employee shall be paid in any pay period less than at the rate of per week for hours of labor. It is agreed that this paragraph establishes' a guaranteed minimum rate of pay regard- less of whether the employee is compensated on the basis of time rate or on a piece-work performance. 9ol7 -50- (6) Not to make any reduction in the full-time weekly earnings of any employee whose normal full-time weekly hours are reduced "by per cent, or less, below those existing for the four weeks ending When the normal full-time weekly hours of an employee are reduced by more than said per cent, the full-time \?eekly wage of such employee shall not be reduced by more than one-half of the percentage of hour reduction above said per cent. In no event shall hourly rates of pay be reduced, irrespective of whether compensation is actually paid on an hourly, weekly or other basis, nor shall any wages be at less than the minimum wages herein provided. Within days of the date hereof, (unless such adjustment has been made theretofore) the undersigned shall adjust the schedules of wages of his employees in such an equitable man- ner as will conform to the provisions hereinabove set forth, and still preserve wage differentials reasonably proportionate to those in effect prior to the date of this Agreement. (7) Uo person under sixteen (16) years of age shall be employed by the undersigned in any capacity. No person under eighteen (18) years of age shall be employed at operations or at occupations which are hazardous in nature or are dangerous to health. The undersigned shall submit to the Deputy Administrator for for approval before ___^ __ 1934, a list of such operations or occupations, if any. The undersigned shall be deemed to have complied with this provision as to age if he shall have on file a valid certificate or permit duly signed by the authority in such territory or possession empowered to issue em- ployment or age certificates or permits showing that the employee is of the required age. (8) Learners or apprentices, not to exceed one in of the total number of employees, may be employed by the undersigned and shall be paid not less than p of the minimum wage herein provided for during the first weeks of their employment in the trade or industry, and not less than p of the minimum wage during the second weeks of such employment. The undersigned will not knowingly employ as a learner or apprentice any person who has been employed in the trade or industry except for the remainder of the period of the _____ weeks training which has not already been served. (9) A person whose earning capacity is limited because of age, physical, or mental handicap, or other infirmity, may be employed on light work at a wage below the minimum established by this Code, of the undersigned obtains from the proper authority designated by the United States Department of Labor, a certificate authorizing such person's em- ployment^ such wages and for such hours as shall be stated in the cer- tificate.' The undersigned shall file monthly with the Code Authority a list of all such persons employed by him, showing the wages paid to, and the maximum hours of work for such employee. (10) To make reasonable provisions for the safety and health of his employees at the place and during the hours o± their employment. 9817 ~nl- (11) Hot to use any subterfuge to frustrate the spirit and intent of this Agreement wnich is among other things, to increa.se em- ployment by this covenant, to remove oh struct ions to commerce, and to shorten hours and to raise wages for the shorter week to a living basis. (12) 'Jhereas the policy of the Act to increase real purchasing power will be made impossible of consummation if prices of goods and services increase as rapidly as wages, it is recognized that price in- creases should be delayed and that when made, the same should, so far as reasonably possible, be limited to actual increases in the seller's costs. (13) To s^-pport and patronize establishments which have also signed an administrator's Territorial Cooperation Agreement or are operating un- der an approved Code. (14) To display official copies of this Agreement or of the pro- visions hereof with respect to hours of labor, rates of pay, and other conditions of employment, and to see that such official copies are posted conspicuously and in sufficient number so that all employees may freely end conveniently read the same. (15) That he will not dismiss or demote any employee for making a complaint or giving evidence with respect to an alleged violation of the provisions of the National Industrial Recovery Act, or an approved Code of ifair Competition, or of this and other Agreements of the sane nature. (16) Employees shall have the right to organize and bargain col- lectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self- organization or in other concerted activities for the purpose of collec- tive bargaining or other mutual aid or protection. (1?) Ho employe; 1 and no one seeking employment shall be required as a condition of employment to .join any company union or to refrain from .joining, organizing, or assisting a labor organization of his own choosing. (18) The undersigned shall comply with tiie maximum hours of labor, minimum rates of pay, and other conditions of employment approved or pre- scribec. by the President. (IS) This Agreement is not intended and will not be permitted to promote monopolies or to eliminate or oppress small enterprises and will not be permitted to operate in a discriminatory manner against them but is intended to effectuate the policy of Title I of the National Industrial S.eccvery Act. -52- (20) This Agreement and all the provisions thereof are expressly !::.&3 subject to the right of the president, pursuant to Section 10(h) of the National Industrial Recovery Act, to cancel or modify the ap- proval given to this Agreement. (21) It is understood "by the undersigned that the President may rule or regulation prescribe that all of the provisions of this Agree- ment shall he observed, in- which event the undersigned in violating this Agreement may become subject to punishment by a fine of not to exceed five hundred ($500) dollars and imprisonment of not to exceed six (6) months or both. (22) The undersigned further understands that in all cases where an exemption has been conditioned upon the making of this Agreement stay breach of said -agreement by the undersigned nay operate forthwith to terminate both this Agreement end such exemption, and that the under- signed immediately may become subject to the applicable Code of Pair Competition. Dat e IS 34 . (Signed here) (Name) (Official Position) (Pirm and corporation name) (Street) (Industry or trade) (lumber of employees at the date of signing) (Town or city) (State) The ac minis trator for Industry Recovery T:;„shington, P. C. Date: (To be signed in duplicate - a copy ~.'aen approved and signed by the Administrator will be returned. ) OFFICE OF THE NATIONAL RECOVERY ADMINISTRATION THE DIVISION OF REVIEW THE WORK OF THE DIVISION OF REVIEW Executive Order No. 7075, dated June 15, 1935, established the Division of Review of the National Recovery Administration. The pertinent part of the Executive Order reads thus: The Division of Review shall assemble, analyze, and report upon the statistical information and records of experience of the operations of the various trades and industries heretofore subject to codes of fair competition, shall study the ef- fects of such codes upon trade, industrial and labor conditions in general, and other related matters, shall make available for the protection and promotion of the public interest an adequate review of the effects of the Administration of Title I of the National Industrial Recovery Act, and the principles and policies put into effect thereunder, and shall otherwise aid the President in carrying out his functions under the said Title. I hereby appoint Leon C. Marshall, Director of the Division of Review. The study sections set up in the Division of Review covered these areas: industry studies, foreign trade studies, labor studies, trade practice studies, statistical studies, legal studies, administration studies, miscellaneous studies, and the writing of code his- tories. The materials which were produced by these sections are indicated below. Except for the Code Histories, all items mentioned below are scheduled to be in mimeo- graphed form by April 1, 1936. THE CODE HISTORIES The Code Histories are documented accounts of the formation and administration of the codes. They contain the definition of the industry and the principal products thereof; the classes of members in the industry; the history of code formation including an account of the sponsoring organizations, the conferences, negotiations and hearings which were held, and the activities in connection with obtaining approval of the code; the history of the ad- ministration of the code, covering the organization and operation of the code authority, the difficulties encountered in administration, the extent of compliance or non-compliance, and the general success or lack of success of the code; and an analysis of the operation of code provisions dealing with wages, hours, trade practices, and other provisions. These and other matters are canvassed not only in terms of the materials to be found in the files, Dut also in terms of the experiences of the deputies and others concerned with code formation and administration. The Code Histories, (including histories of certain NRA units or agencies) are not mimeographed. They are to be turned over to the Department of Commerce in typewritten form. All told, approximately eight hundred and fifty (850) histories will be completed. This number includes all of the approved codes and some of the unapproved codes. (In W ork Materials Imp 18, Content s of Code Histries . will be found the outline which governed the preparation of Code Histories.) (In the case of all approved codes and also in the case of some codes not carried to final approval, there are in NRA files further materials on industries. Particularly worthy of mention are the Volumes I, II and III which constitute the material officially submitted to the President in support of the recommendation for approval of each code. These volumes 9768—1. -ii- set forth the origination of the code, the sponsoring group, the evidence advanced to sup- port the proposal, the report of the Division of Research and Planning on the industry, the recommendations of the various Advisory Boards, certain types of official correspondence, the transcript of the formal hearing, and other pertinent matter. There is also much offi- cial information relating to amendments, interpretations, exemptions, and other rulings. The materials mentioned in this paragraph were of course not a part of the work of the Division of Review. ) THE WORK MATERIALS SERIES In the work of the Division of Review a considerable number of studies and compilations of data (other than those noted below in the Evidence Studies Series and the Statistical Material Series) have been made. These are listed below, grouped according to the char- acter of the material. (In Work. M ate rials No . 17 , T entati ve Out lines and Summ aries of Studies in P rocess , these materials are fully described). I ndustry Studies Automobile Industry, An Economic Survey of Bituminous Coal Industry under Free Competition and Code Regulation, Economic Survey of Electrical Manufacturing Industry, The Fertilizer Industry, The Fishery Industry and the Fishery Codes Fishermen and Fishing Craft, Earnings of Foreign Trade under the National Industrial Recovery Act Part A - Competitive Position of the United States in International Trade 1927-29 through 1934. Part B - Section 3 (e) of NIRA and its administration. Part C - Imports and Importing under NRA Codes. Part D - Exports and Exporting under NRA Codes. Forest Products Industries, Foreign Trade Study of the Iron and Steel Industry, The Knitting Industries, The Leather and Shoe Industries, The Lumber and Timber Products Industry, Economic Problems of the Men's Clothing Industry, The Millinery Industry, The Motion Picture Industry, The Migration of Industry, The: The Shift of Twenty-Five Needle Trades From New York State, 1926 to 1934 National Labor Income by Months, 1929-35 Paper Industry, The Production, Prices, Employment and Payrolls in Industry, Agriculture and Railway Trans- portation, January 1923, to date Retail Trades Study, The Rubber Industry Study, The Textile Industry in the United Kingdom, France, Germany, Italy, and Japan Textile Yarns and Fabrics Tobacco Industry, The Wholesale Trades Study, The Women's Neckwear and Scarf Industry, Financial and Labor Data on 9768—2 - Ill - Women's Apparel Industry, Some Aspects of the T rade Practic e St udies Commodities, Information Concerning: A Study of NRA and Related Experiences in Control Distribution, Manufacturers' Control of: Trade Practice Provisions in Selected NRA Codes Distributive Relations in the Asbestos Industry Design Piracy: The ProbJem and Its Treatment Under NRA Codes Electrical Mfg. Industry: Price Filing Study Fertilizer Industry: Price Filing Study Geographical Price Relations Under Codes of Fair Competition, Control of Minimum Price Regulation Under Codes of Fair Competition Multiple Basing Point System in the Lime Industry: Operation of the Price Control in the Coffee Industry Price Filing Under NRA Codes Production Control in the Ice Industry Production Control, Case Studies in Resale Price Maintenance Legislation in the United States Retail Price Cutting, Restriction of, with special Emphasis on The Drug Industry. Trais Practice Rules of The Federal Trade Commission (1914-1936): A classification for comparison with Trade Practice Provisions of NRA Codes. Labor Studies Cap and Cloth Hat Industry, Commission Report on Wage Differentials in Earnings in Selected Manufacturing Industries, by States, 1933-35 Employment, Payrolls, Hours, and Wages in 115 Selected Code Industries 1933-35 Fur Manufacturing, Commission Report on Wages and Hours in Hours and Wages in American Industry Labor Program Under the National Industrial Recovery Act, The Part A. Introduction Part B. Control of Hours and Reemployment Part C. Control of Wages Part D. Control of Other Conditions of Employment Part E. Section 7(a) of the Recovery Act Materials in the Field of Industrial Relations PRA Census of Employment, June, October, 1933 Puerto Rico Needlework, Homeworkers Survey Administrative Studies Administrative and Legal Aspects of Stays, Exemptions and Exceptions, Code Amendments, Con- ditional Orders of Approval Administrative Interpretations of NRA Codes Administrative Law and Procedure under the NIRA Agreements Under Sections 4(a) and 7(b) of the NIRA Approve Codes in Industry Groups, Classification of Basic Code, the — (Administrative Order X-61) Code Authorities and Their Part in the Administration of the NIRA Part A. Introduction Part B. Nature, Composition and Organization of Code Authorities 9768—2. Part C. Activities of the Code Authorities Part D. Code Authority Finances Part E. Summary and Evaluation Code Compliance Activities of the NRA Code Making Program of the NRA in the Territories, The Code Provisions and Related Subjects, Policy Statements Concerning Content of NIRA Administrative Legislation Part A. Executive and Administrative Orders Part B. Labor Provisions in the Codes Part C. Trade Practice Provisions in the Codes Part D. Administrative Provisions in the Codes Part E. Agreements under Sections 4(a) and ?(b) Part F. A Type Case: The Cotton Textile Code Labels Under NRA, A Study of Model Code and Model Provisions for Codes, Development of National Recovery Administration, The; A Review of its Organization and Activities NRA Insignia President's Reemployment Agreement, The President's Reemployment Agreement, Substitutions in Connection with the Prison Labor Problem under NRA and the Prison Compact, The Problems of Administration in the Overlapping of Code Definitions of Industries and Trades, Multiple Code Coverage, Classifying Individual Members of Industries and Trades Relationship of NRA to Government Contracts and Contracts Involving the Use of Government Funds Relationship of NRA with States and Municipalities Sheltered Workshops Under NRA Uncodified Industries: A Study of Factors Limiting the Code Making Frogram Legal Studies Anti-Trust Laws and Unfair Competition Collective Bargaining Agreements, the Right of Individual Employees to Enforce Commerce Clause, Federal Regulation of the Employer-Employee Relationship Under the Delegation of Power, Certain Phases of the Principle of, with Reference to Federal Industrial Regulatory Legislation Enforcement, Extra-judicial Methods of Federal Regulation through the Joint Employment of the Pov/er of Taxation and the Spendmg Power Government Contract Provisions as a Means -5f Establishing Proper Economic Standards, Legal Memorandum on Possibility of Industrial Relations in Australia, Regulation of Intrastate Activities Which so Affect Interstate Commerce as to Bring them Under the Com- merce Clause, Cases on Legislative Possibilities of the State Constitutions Post Office and Post Road Power — Can it be Used as a Means of Federal Industrial Regula- tion? State Recovery Legislation in Aid of Federal Recovery Legislation History and Analysis Tariff Rates to Secure Proper Standards of Wages and Hours, the Possibility of Variation in Trade Practices and the Anti-Trust Laws Treaty Making Power of the United States War Power, Can it be Used as a Means of Federal Regulation of Child Labor? 9768—4. THE EVIDENCE STUDIES SERIES The Evidence Studies were originally undertaken to gather material for pending court cases. After the Schechter decision the project was continued in order to assemble data for use in connection with the studies of the Division of Review. The data are particularly concerned with the nature, size and operations of the industry; and with the relation of the industry to interstate commerce. The industries covered by the Evidence Studies account for more than one-half of the total number of workers under codes. The list of those studies follows: Automobile Manufacturing Industry Automotive Parts and Equipment Industry Baking Industry Boot and Shoe Manufacturing Industry Bottled Soft Drink Industry Builders' Supplies Industry Canning Industry Chemical Manufacturing Industry Cigar Manufacturing Industry Coat and Suit Industry Construction Industry Cotton Garment Industry Dress Manufacturing Industry Electrical Contracting Industry- Electrical Manufacturing Industry Fabricated Metal Products Mfg. and Metal Fin- ishing and Metal Coating Industry Fishery Industry Furniture Manufacturing Industry General Contractors Industry Graphic Arts Industry Gray Iron Foundry Industry Hosiery Industry Infant's and Children's Wear Industry Iron and Steel Industry Leather Industry Lumber and Timber Products Industry Mason Contractors Industry Men's Clothing Industry Motion Picture Industry Motor Vehicle Retailing Trade Needlework Industry of Puerto Rico Painting and Paperhanging Industry Photo Engraving Industry Plumbing Contracting Industry Retail Lumber Industry Retail Trade Industry Retail Tire and Battery Trade Industry Rubber Manufacturing Industry Rubber Tire Manufacturing Industry Shipbuilding Industry Silk Textile Industry Structural Clay Products Industry Throwing Industry Trucking Industry Waste Materials Industry Wholesale and Retail Food Industry Wholesale Fresh Fruit and Vegetable Indus- try Wool Textile Industry THE STATISTICAL MATERIALS SERIES This series is supplementary to the Evidence Studies Series. The reports include data on establishments, firms, employment. Payrolls, wages, hours, production capacities, ship- ments, sales, consumption, stocks, prices, material costs, failures, exports and imports. They also include notes on the principal qualifications that should be observed in using the data, the technical methods employed, and the applicability of the material to the study of the industries concerned. The following numbers appear in the series: 9768—5. - vi - Asphalt Shingle and Roofing Industry Fertilizer Industry Business Furniture Funeral Supply Industry Candy Manufacturing Industry Glass Container Industry Carpet and Rug Industry Ice Manufacturing Industry Cement Industry Knitted Outerwear Industry Cleaning and Dyeing Trade Paint, Varnish, and Lacquer, Mfg. Industry Coffee Industry Plumbing Fixtures Industry Copper and Brass Mill Products Industry Rayon and Synthetic Yarn Producing Industry Cotton Textile Industry Salt Producing Industry Electrical Manufacturing Industry THE COVERAGE The original, and approved, plan of the Division of Review contemplated resources suf- ficient (a) to prepare some 1200 histories of codes and NRA units or agencies, (b) to con- solidate and index the NRA files containing some 40,000,000 pieces, (c) to engage in ex- tensive field work, (d) to secure much aid from established statistical agencies of govern- ment, (e) to assemble a considerable number of experts in various fields, (f) to conduct approximately 25% more studies than are listed above, and (g) to prepare a comprehensive summary report. Because of reductions made in personnel and in use of outside experts, limitation of access to field work and research agencies, and lack of jurisdiction over files, the pro- jected plan was necessarily curtailed. The most serious curtailments were the omission of the comprehensive summary report; the dropping of certain studies and the reduction in the coverage of other studies; and the abandonment of the consolidation and indexing of the files. Fortunately, there is reason to hope that the files may yet be cared for under other auspices. Notwithstanding these limitations, if the files are ultimately consolidated and in- dexed the exploration of the NRA materials will have been sufficient to make them accessible and highly useful. They constitute the largest and richest single body of information concerning the problems and operations of industry ever assembled in any nation. L. C. Marshall, Director, Division of Review. 9768—6.