NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JANUARY 15, 1935
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Approved Code No. 225-Amendment No. 1
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Approved Code No. 225-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
SMOKING PIPE MANUFACTURING INDUSTRY
As Approved on January 15, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
SMOyKI1NG PIPE 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 amendments
to a Code of Fair Competition for the Smoking Pipe Manufacturing
Industry, and hearings having been duly held thereon and opportu-
nity to be heard being given, and the annexed report on said amend-
ments, containing findings with respect thereto, having been made
and directed to the President:
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, and including
Executive Order No. 6859, and otherwise; does hereby incorporate,
by reference, said annexed report, and does find that said namenil-
ments 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 amendments be and they are hereby approved, and that the
previous approval of said Code is hereby amended to include an ap-
proval of said Code in its entirety as amended; provided, however,
that the approval of Section 9 of Article V, and this Section shall
take effect twenty (20) days from the date hereof, unless good cause
to the contrary is shown to the National Industrial Recovery Board
before that time and the Board issues a subsequent Order to that
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Adninhistrative Officer.
Acting Division Administrator.
WASHINGTON, D. C.,
January 15, 1935.
109332 --1465-93--35 (1
REPORT TO THE PRESIDENT
The White House.
SiR: This is a report on the amendment of the Code of Fair Com-
petition for the Smoking Pipe Manufacturing Industry, as approved
by you on January 23, 1934. Application was duly made by the
Code Authority for the Smoking Pipe Manufacturing Industry for
amendments to Article IV, Section 3; Article V, Sections 6, 7, 8
and 9; Article VI, Sections 1, 2 and 3; and Article VII, Section 13
of the Code of Fair Competition for this Industry. A public hear-
ing was held on these amendments on July 13, 1934. Fair notice of
opportunity to be heard has been given to all interested parties.
The purpose and effect of these amendments is: (1) To require
reporting of wage adjustments. (2) To include labor provisions
prohibiting subterfuge, providing for the posting of Code provisions,
submission of standards of safety and health, and prohibiting dis-
charge of employees for making a complaint or giving evidence con-
cerning Code violations. (3) To provide for the collection of manda-
tory contributions for Code administration. (4) To outline a per-
missive form for the return of used goods.
The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on said amendments to said
Code, having found as herein set forth, and on the basis of all the
proceedings in this matter:
Said Board finds that:
(a) Said amendments 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 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 main-
taining united action of labor and management under adequate
Governmental sanction and supervision, by eliminating unfair com-
petitive 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 prod-
ucts through increasing purchasing power, by reducing and reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Autihrity to pre'eint the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as allen(led 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, therefore, said Board has approved said
For the National Industrial Recovery Board:
W. A. HARRMAN,
JANUARY 15, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE SMOKING PIPE MANUFACTURING INDUSTRY
Amend Section 3 by adding a new sentence to read as follows:
"All adjustments made since June 16, 1933, shall be immediately
reported to the Code Authority."
ARTICLE V-GENERAL LABOR PROVISIONS
Delete Section 6 and substitute a new Section 6 to read as follows:
"6. No employer shall reclassifiy employees or their duties of
occupations performed on engage in any other subterfuge so as to
defeat the purposes of the Act or of the Code."
Delete Section 7 and substitute a new Section 7 to read as follows:
7. All employers shall post, and keep posted, copies of this Code
in conspicuous places accessible to all employees. All members of the
Industry shall comply with all rules and regulations relative to the
posting of provisions of the Code of Fair Competition which may
from time to time be prescribed by the National Industrial Recovery
Add a new Section to be designated as Section 8 and to read as
8. Every employer shall provide for the safety and health of his
employees during the hours and at the places of their employment.
The standards of safety and health shall be submitted to the Na-
tional Industrial Recovery Board by March 1, 1935."
Add a new Section to be designated as Section 9 and to read as
"9. No employee shall be discharged or demoted by reason of
making a complaint or giving evidence with respect to an alleged
violation of this Code."
Delete Section 1 (d) and Section 2 (f) and Section 2 (g).
Section 2 (a) is redesignated Section 2 (h).
Add to Section 2 of Article VI a new Subsection (f) to read as
"(f). 1. It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the
Act. The Code Authority is authorized:
(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 National Industrial Recovery Board for its
approval, subject to such notice and opportunity to be heard as it
may deem necessary (1) an itemized budget of its estimated ex-
pen.es for the foregoing purposes, and (2) an equitable basis upon
which the funds necessary to support such budget shall be con-
tributed by members of the industry;
(c) After such budget and basis of contribution have been ap-
proved by the National Industrial Recovery Board, to determine and
obtain equitable contribution as above set forth by all members of
the industry; and to that end, if necessary, to institute legal pro-
ceedings therefore in its own name.
2. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the National Industrial Recovery
Board. Only members of the Industry complying with the code and
contributing to the expenses of its administration as hereinabove pro-
vided (unless duly exempted from making such contributions) shall
be entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as esti mated in its ap-
proved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the National
Industrial Recovery Board; and no subsequent budget shall contain
any deficiency item for expenditures in excess of prior budget esti-
mates except those which the National Industrial Recovery Board
shall have so approved."
ARTICLE VII-TRADE PRACTICES
Add to Section 13 a new Sub-section to be designated 13 (a) and
to read as follows:
"Retailers may perform the service of packing and mailing the
returned used pipes to the members of the industry, provided such
retailer gives the consumer's name and address to the manufacturer."
Delete Section 14.
Approved Code No. 225-Amendment No. 1.
Registry No. 1651-02.
UNIVERSITY OF FLORIDA
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