Code of fair competition for ..

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Code of fair competition for ..
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Proposed code of fair competition for ..
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English
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United States -- National Recovery Administration
Publisher:
National Recovery Administration.
Place of Publication:
Washington, D.C

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Industrial laws and legislation -- United States   ( lcsh )
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General Note:
Description based on: Registry no.202-1-04; title from cover.
General Note:
Latest issue consulted: Registry 1154-01, Code 329, Amendment 1

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University of Florida
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Full Text





NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE

CANVAS STITCHED BELT

MANUFACTURING INDUSTRY

AS APPROVED ON MAY 9, 1934


WE DO OUR PART
WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington. D.C. -Price 5 cents


Approved Code No. 422


Registry No. 205-02























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington. D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta. Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce..
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Texs.: Chamber (if Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, 1Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York. N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh. Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street. B
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building. A












Approved Code No. 422


CODE OF FAIR COMPETITION
FOR THE

CANVAS STITCHED BELT MANUFACTURING
INDUSTRY

As Approved on May 9, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE CANVAS STITCHED BELT
MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Canvas Stitched Belt Manufacturing In-
dustry, and hearings having been duly held thereon and the annexed
report on said Code, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
H. O. KING,
Division Administrator.
WASHINGTON, D.C.,
May 9, 1934.


5750 0 '-544-51-34


(75)












REPORT TO THE PRESIDENT


The PRESIDENT,
The 1White HBoiwe.
Sm: This is a report on the Hearing on the Code of Fair Compe-
tition for the Canvas Stitched Belt Manufacturing Industry, held in
Room 2062, Department of Commerce Building, on February 19,
1934. The Code which is attached was presented by duly qualified
and authorized representatives of the Industry, complying with
statutory requirements, said to represent all concerns in the Industry.
In accordance with the customary procedure every person who had
filed a request for an appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.

THE INDUSTRY

The Industry comprises seven concerns, having an investment in
1933 of $935,000. In 1929 the seven concerns who are still engaged
in the Industry employed 208 employees. This figure has declined
to about 150 employees in 1933. Aggregate annual sales for the seven
concerns has declined from $2,254,000 in 1929 to $537,000 in 1933.

PROVISIONS OF THE CODE

The Code provides for a minimum wage of 350 per hour, and 321/2
per hour for learners during a six weeks period of apprenticeship.
Learners are limited to 10% of the total number of employees. The
weekly rate of compensation shall not be reduced because of any
reductions in the number of hours of work per week and dollar differ-
entials existing on June 16. 1933 are to be maintained for all em-
ployees receiving $85 or less per week.
Hours of work for clerical and office employees are limited to 40
hours per week and eight hours per day with a provision that. these
employees are permitted to work ten hours a day for one day each
week.
Hours of work for all other employees are limited to 40 hours a
week and eight hours a day with the following exceptions:
Employees are permitted to work 48 hours per week and nine hours
per day for not nuore than ten weeks in any one year provided
that time and one-third is paid for all work in excess of 40 hours a
week and eight hours a day; engineers and shipping crews are per-
mitted to work 44 hours per week and nine hours per day; firemen
are permitted to work 48 hours per week and 12 hours per day; em-
ployees engaged exclusively in a supervisory capacity receiving $35
per week or more and outside salesmen are not limited as to hours;
watchmen are permitted to work not more than 56 hours per week
and 12 hours per day; employees in cases of special necessity are ex-
(76)








cepted from the maximum hours provisions but shall be paid time
and one-half for all overtime work.
Representation of the Code Authority is provided for all members
of the Industry. There are no restrictive provisions. The Code
provides for an open price association in the Industry, but permits
prices to be revised without a waiting period.
FINDINGS

The Deputy Administrator in his final report, to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
the removal of obstructions to the free flow of interstate and foreign
commerce which tends to diminish the amount thereof, and will
provide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanction and supervision,
by eliminating unfair compeittive practices, by promoting the full-
est possible utilization of the present productive capacity of indus-
tries, by avoiding undue restriction of production (except as may
be temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforesaid Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
-,(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, this Code of Fair Competition for the Canvas
Stitched Belt Manufacturing Industry has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
MAY 9, 1934.












CODE OF FAIR COMPETITION FOR THE CANVAS
STITCHED BELT MANUFACTURING INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Canvas Stitched Belt Manufacturing
Industry and shall be the standard of fair competition for such
Industry and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

1. The term Industry as used herein includes the manufacture
and the sale by manufacturers of canvas stitched belting, but does
not include solid woven, rubber, balata, or leather belting, or the
manufacture of the fabric used in canvas stitched belting.
2. The term member of the Industry" includes, but without
limitation any individual, partnership, association, corporation, or
other form of enterprise engaged in the Industry, either as an
employer or on its own behalf.
3. The term "employee as used herein includes anyone engaged
in the Industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation, except a member of the Industry.
4. The term employer as used herein includes anyone by whom
any such employee is compensated or employed.
5. The term watchmen is defined to mean employees whose
primary duty is watching and guarding the property of their
employer.
6. The terms "Act ", President ", and "Administrator as used
herein shall mean respectively Title I of the National Industrial
Recovery Act, the President of the United States, and the Adminis-
trator for Industrial Recovery.

ARTICLE III-HoURs

1. No person employed in clerical or office work shall be permitted
to work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period, provided, however,
that he may be permitted to work ten (10) hours a day for one
day each week, provided, further, that in no event shall he work
more than forty (40) hours in any one week.
2. No other employee shall be permitted to work in excess of
forty (40) hours in any one week or eight (8) hours in any twenty-
four (24) hour period, provided, however, that these employees may
be permitted to work forty-eight hours in any one week and nine (9)
(78)







hours in any one day for not more than ten (10) weeks in any one
year, provided, further, that time and one-third (11/) shall be paid
for all hours worked in excess of forty (40) hours in any one week
and eight (8) hours in any one day, excepting that:
(a) Engineers and shipping crews shall be permitted to work
not in excess of forty-four (44) hours in any one week or nine (9)
hours in any one day.
(b) Firemen shall be permitted to work not more than forty-
eight (48) hours in any one week or twelve (12) hours in any one
day.
(c) Executives and employees engaged exclusively in a manage-
rial or supervisory capacity, who are paid thirty-five dollars ($35.00)
or more per week and outside salesmen are exempted from all pro-
visions of this Section.
(d) Watchmen shall be permitted to work not more than fifty-six
(56) hours in any one week or more than twelve (12) hours in any
one day.
(e) Employees engaged in emergency maintenance or emergency
repair work are excepted from the maximum hour provisions of
this Section but in any such special case over time for all work in
excess of the maximum hours specified herein shall be paid for at not
less than one and one-half (1%) times the normal rate. All such
over-time work shall be reported to the Code Authority.
3. No employer shall knowingly permit any employee to work for
a total number of hours in excess of the number of hours prescribed
for each week and day, whether employed by one or more employers
in the Industry.
4. No employee shall work or be permitted to work more than six
(6) days in any seven (7) day period.
ARTICLE IV-WAGES

1. No employee shall be paid less than at the rate of fourteen
dollars ($14.00) per week of forty (40) hours or thirty-five cents
(35() per hour, except as otherwise provided herein.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
3. The provisions of Section 1 of this Article shall not apply to
learners during a six weeks' apprenticeship, during which time
learners may be paid at not less than at the rate of thirty-two and
one-half cents (321) per hour. No employer shall include within
the category of learners more than ten per cent (10%7) of the total
number of employees in his plant, provided, however, that nothing
herein shall prevent any member of the Industry from employing at
least one learner.
4. Employees shall be paid at the rate of time and one-half (1/%)
the normal rate of pay for all work performed on Sundays, Memo-
rial Day, the Fourth of July, Labor Day, Thanksgiving Day, Christ-
mas and New Year's Day.
5. No employee shall be paid a wage rate which will yield a
lower weekly wage for the shorter full-time week herein established
than he could have earned for the same class of work for the longer







full-time week existing June 16, 1933. Dollar differentials existing
on June 16, 1933, shall at least be maintained for the same class
of work, for all employees who are paid $35.00 per week or less.
6. No employer or his agent shall accept rebates directly or indi-
rectly on wages.
7. Female employees performing substantially the same work as
male employees shall receive the same pay as male employees and
where female employees displace male employees they shall receive
the same rates of pay as the male employees who perform this work.
8. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file monthly with the Code Authority a list of
all such persons employed by him, showing the wages paid to, and
the maximum hours of work for, such employee.
ARTICLE V-GENERAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed in
this Industry. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or dangerous to health. This Code Authority shall submit
to the Administrator for approval before April 1, 1934, a list of
such operations or occupations. In any State an employer shall be
deemed to have complied with this provision as to age if he shall
have on file a valid certificate or permit duly signed by the Author-
ity in such State empowered to issue employment or age certificates
or permits showing that 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 and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization
of his own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, or insurance, or fire protec-
tion, than are imposed by this Code.
6. Employers shall not reclassify employees or duties of occu-
pations performed by employees or use any other subterfuge so as
to defeat the purposes of the Act or of this Code.
7. All employers shall post and keep posted the full labor pro-
visions of this Code in conspicuous places readily accessible to em-







ployees, and shall comply with all rules and regulations relative to
the posting of provisions of Codes of Fair Competition which may
be prescribed by the Administrator from time to time.
8. Every employer shall make reasonable provisions for the safety
and health of his employees at the place and during the hours of
their employment. Standards of safety and health shall be sub-
mitted by the Code Authority to the Administrator for approval
within six (6) months after the effective date of this Code.
ARTICLE VI-ADMINISTRATION
1. There shall forthwith be constituted a Code Authority con-
sisting of:
(a) Three representatives of the Industry, or such other member
as may be approved from time to time by the Administrator, to be
selected as hereinafter provided.
(b) Such additional members, without vote, not to exceed three,
as the Administrator may appoint to represent such groups or in-
terests or such governmental agencies and for such periods as he
may designate.
2. The representatives of the Industry shall be selected in the
following manner:
(a) The representatives shall be elected by a majority vote of
the members of the Industry. All known members of the Industry
shall be notified by registered mail at least ten (10) days prior to
the election. Voting by mail shall be permitted and each member
of the Industry shall be entitled to vote for three (3) members of
the Code Authority.
(b) Members of the Code Authority shall hold office for one year
or until their successors are elected and qualified.
3. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
by-la ws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purpose of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator may prescribe such hear-
ings as he may deem proper; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
5. It being found necessary, in order to support the administration
of this Code and to maintain the standards of fair competition estab-
lished by this Code and to effectuate the policy of the Act, the Code
Authority is authorized, subject to the approval of the Admin-
istrator:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;







(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry;
(c) After such budget and basis of contribution have been approved
by the Administrator, to determine and secure equitable contribution
as above set forth by all such members of the Industry, and to that
end, if necessary, to institute legal proceedings therefore in its own
name.
Only members of the Industry complying with the Code and
contributing to the expenses of its administration as provided above
shall be entitled to participate in the selection of the members of the
Code Authority or to receive the benefit of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
6. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own willful malfeasance or nonfeasance.
7. If the Administrator shall determine that any action of the
Code Authority or any agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by the Code
Authority or agency pending final action which shall not be effec-
tive unless the Administrator approves or unless he shall fail to
disapprove after thirty days' notice to him of intention to proceed
with such action in its original or modified form.
8. The Code Authority shall have the following further powers
and duties:
(a) To insure the execution of the provisions of this Code and to
provide, subject to rules and regulations established by the Adinin-
istrator, for the compliance of the Industry with the provisions
of the Act: Provided, however, that this shall not be construed
to deprive duly authorized governmental agencies of their power
to enforce the provisions of this Code or of the Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code.
In addition to information required to be submitted to the. Code
Authority, members of the Industry subject to this Code shall fur-
nish such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of the Act to
such Federal and State agencies as he may designate; provided that
nothing in this Code shall relieve any member of the Industry of
any existing obligation to furnish reports to any Government







Agency. No individual reports shall be disclosed to any other mem-
ber of the Industry or any other party except to such governmental
agencies as may be directed by the President or the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the coor-
dination of the administration of this Code with such other codes,
if any, as may be related to or affect members of the Industry.
(f) To cooperate with the Administrator in regulating the use of
the N.R.A. insignia solely by those members of the Industry who
have assented to, and are complying with, this Code.
(g) To recommend to the Administrator any action or measure
deemed advisable, including further fair trade practice provisions to
govern members of the Industry in their relations with each other or
with other Industries, measures for industrial planning, and stabili-
zation of employment; and including modifications of this Code,
which shall become effective as a part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
ARTICLE VII-TRADE PRACTICES

1. On or before ten days after the effective date of this Code, all
members of the Industry shall file with the Code Authority a schedule
of discounts from the standard price lists of the Canvas Stitched
Belt Manufacturers, adopted October 1, 1929, together with all
terms and/or conditions of sale for each weight of each standard
competitive grade of Canvas Stitched Belting sold or offered for sale.
A standard competitive grade of Canvas Stitched Belting is defined
to mean the lowest priced Canvas Stitched Belting manufactured
of 371/ ounce, 34 ounce, 32 ounce, and 26 ounce cotton duck. Any
member of the Industry may revise his schedule at any time. Such
revised schedule shall be deemed to have been filed and shall become
effective immediately after registered letters containing such revised
schedules shall have been mailed to the Code Authority and all other
members of the Industry.
No member of the Industry shall sell or offer for sale any stand-
ard competitive grade of Canvas Stitched Belting at more favorable
discounts, termi-, and/or conditions of sale than those specified in the
schedule filed with the Code Authority as hereinbefore provided.
Any allowance to any purchaser for handling or consigned stock
which results in a net price lower than the net price listed to the
class to which the purchaser belongs, shall be considered a violation
of this provision.
2. No member of the Industry shall manufacture any belting below
38 ounce weight except when made of 371/2 ounce, 34 ounce, 32 ounce,
and 28 ounce cotton duck. Weight shall be based on the commercial
yard of 36 inches by 42 inches.
3. No member of the Industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influencing








or rewarding the action of any employee, agent, or representative
of another in relation to the business of the employer of such em-
ployee, the principal of such agent or the represented party, without
the knowledge of such employer, principal, or party. This provi-
sion shall not be construed to prohibit free and general distribution
of articles commonly used for advertising except so far as such arti-
cles are actually used for commercial bribery as hereinabove defined.
4. No member of the Industry shall use advertising (whether
printed, radio, display, or of any other nature) or other representa-
tion which is inaccurate in any material particular or in any way
misrepresent any commodity (including its use, trade mark, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material content, or preparation), or credit terms, values, policies,
services, or the nature or form of the business conducted.
ARTICLE VIII-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 National Industrial
Recovery Act, from time to time to 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 con-
ditions imposed by him upon his approval thereof.
2. After due notice and hearing, this Code, except as to provisions
required by the Act, may be modified on the basis of experience or
changes in circumstances; such modifications shall be based on the
recommendation of the Code Authority or of any interested party
or group or on the Administrator's own initiative and shall become
effective on approval by the Administrator.

ARTICLE IX-MONOPOLIES

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

ARTICLE X-EFFECTIVE DATE

This Code shall become effective on the second Monday after its
approval.
Approved Code No. 422.
Registry No. 205-02.







UNIVERSITY OF FLORIDA
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