UNIVERSITY OF FLORIDA
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3 1262 08482 9158
amendment No. 5
Registry No. 1033-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CHINAWARE AND PORCELAIN
AS APPROVED ON FEBRUARY 11, 1935
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Approved Code No. 126--Amendment No. 5
AMENDMENT TO CODE OF FAIR COMPETITION
CHINAWARE AND PORCELAIN MANUFACTURING
As Approved on February 11, 1935
APPROVING AMEINDMLENT OF CODE OF FAIR COMPETITION FOR THE
CHINAWARE AND PORCELAIN MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
comp(,lliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to the Code of Fair Competition for the Chinaware and Porce-
lain Manufacturing Industry, and hearings having been duly held
thereon and the annexed report on said amendment, containing find-
ings with respect thereto, having been made and directed to the
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate, by
reference, said annexed report and does find that said amendment
and the Code as constituted after being amended comply in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does hereby order that
said amendment be and it is hereby approved, and that the previous
approval of said Code is hereby amended to include an approval of
said Code in its entirety as amended, such approval and such amend-
inent to take effect ten (10) days from the date hereof, unless good
cause to the contrary is shown to the National Industrial Recovery
Board before that time and the National Industrial Recovery Board
issues a -uib-equent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARmIuAN, Adndnstrativc Officer.
.\A)pproval rIecl mmenled :
W. P. ET.LIS.
D;'Lis'io/ A4 ilinwixtrator.
WASIHINGTON, D. C.,
February 11, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: A Public Hearing was held in Washington, D. C. on Novem-
ber 1, 19-1 on an amendment to the Code of Fair Competition for
the Chinaware and Porcelain Manufa,-turing Industry as submitted
by the Code Authority for that industry and on an amendment
proposed by the National Recovery Admi tinit ration.
The amend:llm nt proposed by the Code Authority did not have the
Lirlkiiig of a suffi,.ient majority of the members of the industry to
merit approval at this tinil. In view of this fact it was deemed
advisable to proceed with the approval of the amendment contained
in Pcllhed'il B" of the Notice of Hearing and to which the Code
Authority has assented.
The amendment proposed by the National Recovery Administra-
tion is designed to bring certain provisions of the Code into con-
formity with approved policy and terminology. The amendment
provides for handicapped workers, stand;l.rds of safety and health,
hazardous occupations, supersedance of state and Federal Laws, the
posting of labor provisions, dismissal of employees for complaint of
code violation, the collection of reports and -tatistics, the right of
the National Industrial Recovery Board to suspend unfair actions
of the Code Authority, conferring upon the Code Authority the right
to propose a inelniieint., false billing and commercial bribery.
The Deputy Administrator in his final report to us on said amend-
ment to said Code having found as herein set forth and on the basis
of all pr'oceedinlgs in this matter:
We find that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate
govern, n tal sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest rpo-sible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by ii.c ; u-ilg the consumption of industrial and agricultural prod-
ucts through increarlsisng purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7, and
subsection (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not de-;igned to
and will not permit monopolies or monopolistic pri;i'tices.
(d) The amendment and the Code as allenided are not de.-igned to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other -teps of the econiomil process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, we have approved this amenduient..
For the National Induitrial Recovery Board:
W. A. HARRIMAN,
Adm, ,i ;,i.r/alticve Officer.
FL:ucAi:Y 11, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE CHINAWARE AND PORCELAIN MANUFACTURING
1. Amend Article II, Section (c) by adding at the end of the
paragraph the words except a member of the Industry."
2. Delete Article II, Section (e) and substitute therefore:
SECTION (e). The term member of the industry as used herein
includes, but without limitation, any individual, partnership, as-
sociation, corporation, or other form of enterprise engaged in the
industry, either as an employer or on his or its -own behalf.
3. Delete Article II, Section (f) and substitute therefore:
Si:, i1,I N (f). The terms "President", "Act and "National In-
dustrial Recovery Board" as used herein mean respectively the
President of the United States, Title I of the National Industrial
Recovery Act, and the National Industrial Recovery Board.
4. Delete the word "Administrator wherever used in the Code
and insert in lieu thereof "National Industrial Recovery Board"
together with the appropriate pronoun.
5. Amend Article IV, Section (a) by inserting the word "sub-
stantially between the words do and "the in the fourth line.
6. Add a new Section (f) to Article IV as follows:
SECTION (f). A person whose earning capacity is limited because
of age or physical or mental handicap or other infirmity may be
employed on light work at a wage below the minimum established
by this Code if the employer obtains from the State Authority des-
ignatedl 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 person~m employed by
him, showing the wages paid to, and the maximum hours of work
for such employees.
7. Add a new Section (g) to Article IV as follows:
SECTION (g). This Article establishes minimum rates of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piece-work, or other basis.
8. Amend Article V by deleting Section 1 and substitute therefore:
1. No person under sixteen (16) years of age shall be employed
in the Inldustry in any capacity. No person under eighteen (18)
years of age shall be employed in the Industry at operations or oc-
cupations hazardous in nature or dangerous to health.
The Code Authority shall submit to the National Industry Recov-
ery Board within sixty (60) (lays a list of such operations or oc-
cupations. In any state any employer shall be deemed to have
complied with this provision as to age if he shall have on file a
certificate or permit, duly signed by the Authority in such state
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.
9. Amend Article V by deleting Section 5 and substituting there-
5. No provision of 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, sani-
tary or general working conditions, or insurance, or fire protection,
tha n are imposed by this Code.
10. Amend Article V by deleting Section 7 and substituting there-
7. All employers shall post and keep posted copies of this Code
in conspicuous places accessible to all employees. Every member
of the industry shall comply with all rules and regulations rela-
tive to the posting of provisions of Codes of Fair Corimptitiion which
may from time to time be prescribed by the National Industrial
11. Add a new Sect ion 10 to Article V as follows:
10. Every employer shall provide for the safety and health of
employees during the hours and at the places of their employment.
Standards for safety and health shall be .illuiitted by the Code
Authority to the National Industrial Recovery Board within ninety
(90) days after the effective date of this amendment.
12. Add a new Section 11 to Article V as follows:
11. No employer shall dismiss or demote any employee for making
a complaint or giving evidence with respect to an alleged violation
of the provisions of this Code.
13. Amend Article VI by deleting opening paragraph of Section
2 and Subsection 2 (a) and substituting therefore:
2. Subject to such rules and regulations as may be issued by the
National Industrial Recovery Board, the Code Authority shall have
the following powers and (llties, in addition to those authorized
by other provisions of this Code:
(a) To insure the execution of the provisions of this Code and to
pirovidbi for the 'complli.nie of the indu try with the provisions of
'.(b) To obtain fri1,om mllembers of the Industry such inforimtion
and 'eport- as are required for the admiinistraltion of the Code. All
infornnntion and reports of a confidential natlire shall be filed with a
confidential and disinterested agent to be named by the Code Au-
thority, subject to the approval of the National Indlii-tril Recovery
Board. In addition to information required to be siibimiitted to the
Code Authority, members of the industry :,suject to this Code shall
furnish such statistical information as the National Industrial Re-
covery Board may deem necessary for the purples rerited in Section
3 (a) of the Act to such Federal and State agencies as it may desig-
nate; provided that nothing in this Code shall relieve any member
of the industry of any existing obligations to furnish reports to any
Government agency. No individual report shall be disclosed to any
other member of the indulst.ry or any other party except, to such
other Governmental agencies as may be directed by the National
Industrial Recovery Board.
14. Change designation of Section 2 (b) to Section 2 (d).
15. Add a new Sub-section (e) to Article VI, Section 2 as follows:
(e) The Code Authority shall have the power to consider proposals
for modifications and amendments to this Code and make recom-
mendations thereon from time to time to the National Industrial
Recovery Board, which modifications or amendments shall become
effective as part of this Code, upon approval by the National Indus-
trial Recovery Board after such notice and hearing as it may specify.
16. Delete Section 4 of Article VI and substitute therefore:
4. If the National Industrial Recovery Board shall at any time
determine that any action of the Code Authority or any agency
thereof may be unfair or unjust or contrary to public interest, the
National Industrial Recovery Board may require that such action
be suspended to afford an opportunity for investigation of the merits
of such action and further consideration by such Code Authority
or agency pending final action which shall not be effective unless
the National Industrial Recovery Board approves or unless it shall
fail to disapprove after thirty (30) days notice to it of intention to
pir'W'Il with such action in its original or modified form.
17. Amend Article VII by deleting Section 2 (b) and substituting
(b) No member of the industry shall knowingly withhold from or
insert in any quotation or invoice any statement that makes it inac-
curate in any material particular.
18. Amend Article VII by deleting Section 2 (k) and substituting
(k) No member of the industry shall give, permit to be given, or
offer to give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such employee,
the principal of such agent, or the represented party, without the
knowledge of such employer, principal or party. This provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except so far as such articles
are actually used for commercial bribery as hereinabove defined.
Approved Code No. 126-Amendment No. 5.
Registry No. 1033-1-01.