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Registry No. 1002-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 27, 1934
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Approved Code No. 80-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on April 27, 1934
APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
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 amendments
to the Code of Fair Competitition for the Asbestos Industry, and hear-
ings having been duly held thereon and the annexed report on ,aid
amendments, 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 Inldustrial 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 amendments 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 do hereby order that .-aid amendments
be and they are hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of said Code
in its entirety as amended, and that said amendments shall become
effective as part of the Code at the expiration of fifteen (15) days
from the date hereof unless good cause to the contrary is shown to
me before that time and I issue a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovc y.
A. R. GLANCE,
April 27, 1934.
55570 --482-170--34 (1)
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report, on the Proposed Amenldments to the Code of
Fair Competition for the Asbestos Industry, as revised after a Pub-
lic He~n ring conducted in Washington on March 19, 1934, in accord-
ance with Article XII of said Code as approved on November 1,
The Amendments to Section 1, Article VI, are clarifications of
Paragraphs (e), (f), and (g), to distinguish members of the Code
from members of the Industry who are not members of the Code.
There are five Divisions in the Industry. A new sentence has been
added to Section 1 (g) of Article VI providing for the creation of
subdivisions within each Division.
Section 4 (b) of Article VI of the approved Code provides that
the lmenbers of each Division may prepare simplification and stand-
ardization specifications and a merchandising plan for their Division
incorporating the merchandising policies best calculated to promote
fair competition in such Division. This has now been amended so
that the members of a subdivision may also propose such plans and
The Industry, by unanimous vote of its Code Authority, has re-
quested that the Amendments originally submitted pertaining to
Article VI, Section 2 (c), and Article IX, Section 2, be withdrawn.
No change has been made in any of the labor provisions.
The Acting Deputy Admini.strator in his final report to me on
said Amendments to said Code having found as herein set forth and
on the basis of all the proceedings in this matter:
I find that:
(a) The Aiiindments 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 obstruc-
tions 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 among trade groups, by inducing and maintain-
ing united action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present.
productive capacity of industries, 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 unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
(b) The Code as amended complies in all respects with the perti-
nent provisions 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 Asbestos Institute was and is an industrial asriociation
truly representative of the aforesaid Industry and that said Insti-
tute imposed and imposes no inequitable restrictions on admis-
sion to membership therein and has applied for or conent- to these
(d) The Amendmenlts and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Amendments and the Code as amended are 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
For these reasons, these Amendments have been approved by me.
HUGH S. JOINSON,
APRIL 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ASBESTOS INDUSTRY
Pursuant to Article XII of the Code of Fair Competition for the
Asbe-tos Industry, duly approved by the President on November
1, 1933, and further to effectuate the policies of Title I of the
National Industrial Recovery Act, the following amendments are
established as a part of said Code of Fair Competition and shall
be binding upon every member of the Asbestos Industry.
Section 1 (e) amended to read as follows:
"(e) At least five voting members of the Code Authority shall
be :-elected from members of the Code. One voting member shall be
elected by a two-thirds vote of the members of each Division who are
members of the Code. A democratic (majority) method of election
and term of office shall be determined by the members of each Divi-
sion. The sixth voting nmemlber shall be elected by a majority vote
of the five so elected."
Section 1 (f) amended to read as follows:
"(f) The Code Authority shall adopt its own rules of procedure
and may appoint such officers or agencies as it may deem neces-
sary properly to administer the Codle, subject to review by the
Administrator. It shall delegate to a Sub-Code Authority of each
member Division, consisting of three nrieimbers elected by the mem-
bers of the Code of each Division, the administration of all Articles
except, III, IV, V, and X of the Code, subject to review by the
Adiinistriato. All contract-s with the A1dministrator relating to the
administration of Articles III, IV, V, and X of the (Code shall be
by the Code Authority."
Section 1 (g) amended to read as follows:
"(g) The members of each Division who are members of the
Code shall adopt their own rules of procedure with respect to ad-
ministering the Code, not incon-sistent. with the Act or with the Code,
subject to review by the Adm inistrator. Each Division may appoint
agent-. not members of the Industry, to investigate complaints of
violations of the Code by members of the Division under rules which
shall not be inconsistent with the provisions of the Act or of the
Code. Each Division may, upon the approval of the Sub-Code
Authority of such Division and of three-fourths of the Code mem-
bers of the Division, create Subdivisions within its Division."
Section 4 (b) amended to read as follows:
"(b) The members of each Division of the Industry or any Sub-
division thereof may prepare Simplification and Standardization
Specifications and a Merchandising Plan for each Division, or Sub-
division thereof, as the case may be, incorporating the merchandising
policies best calculated to promote fair competition in such Division
or Subdivision. Subject to approval by the Administrator, every
such Merchandising Plan or Simplification and Standardization
Specifications, when approved by the Sub-Code Authority of such
Division and by either three-fourths of the Code members of the
Division or Subdivision, as the case may be, who are present at a
meeting expressly called for that purpose or by a three-fourths vote
of the members of the Division or Subdivision, by written ballot,
as the case may be, and filed with the Sub-Code. Authority, shall be
binding upon all members of the Industry who are included in or
come within the Division or Subdivision to which such Merchandis-
ing Plan or Specifications apply. Changes may be made in any such
Merchandising Plan or Specifications in the same manner."
Approved Code No. 80--Ameninient No. 1.
Registry No. 1002-1-01.