Forp al~eli bY te Superintenadent ..of Dleamets, Washington, D). C. Price 5 cents
Approved Code No. 467--Amendment No. 2
NATIONAL RECOVERY ADMINPISTRATIdN
WIE DO QUR PART
GOVERNMENT PRINTING OFFICE:
OF FAIR COMPETITION
CIGAR MANUFACTURE BEING
AS APPROVED ON APRIL 17, 1935
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Approved Code No. 467--Anrmendet No. 2
A1MENDMIVENT TO CODE OF FAIR COMPETITION
CIGAR MANUFACTURING INDUS~]TZRY
A1s Approved on April 17, 1935
APPROVING AMCENDMIENT OF CODE OF FAIR COMPETITION FOR THE CIGARl~
An application htaving been duly malde pursulant to and in full
compliance with the provisions of Title I: of the N-ational Industrial
Recovery Act, approved June 16, 193:3, for approval of amuendments
to the Code of Fair Comppetition for the Cigar Mfanulfacturing Indus-
try,:-and: opportunity to :be heard therein hav~\ing been afforded all
mnembers of said industry and any objections filed having been duly
~onscidieredl, and the aInnlcexe report on said amndmentslnt containing
findings within respect thereto, having been maderlt and directed to the
NiOWV, THEREFORE, on behalf of the P1residecnt of the Unitedl
States, the National Industrial Rercoer~y Board, pursuant to author-
ity vested in. it b~y Executive Orders of the Pr~esident, including
Executive Order Niumlber.6859, wanted~ Sepltemlber 27, 1934, and other-
wise, does hereby incorporate, by reference, said nonexedl report and
d~oes find that said amendments and the C~ode as constituted after
being amended comply in all respects with thie per~tinlent provisions
and will promote the policy and purposes of said title of said Act,
and does hlereby ordier that said ame~ndlment s be and are hereby ap-:
proved, and that the previous approval of said code is hlere~by moi-
fled to include an approval of said code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
B3y W. Ai. HARRIMAN, Administral'ltiv e Oi~f)cer.
Approval recommended :
Anxxx W., RILEY,
Division Ad ml inristratno~r.
WVASur xcrox D. C.,
120'3910-1-749- 46----35 t 1
The PRESIDENT, j
The TY ite Ho~use.
Smr: The Code Authority for the Cigar Mianufacturing Industry
hias requested that the Code of F'air Competition for said industry be
amended by striking out Section 4 of Article II[Iand substitutilng in
its place a new Section 4 which will designate the legal holidays on
which it will be necessary for cigar manufacturers to pay time and
one-third. T'he present Section 4 states that time and one-third will
be paid on all legal holidays and great confusion has resulted due
to the fact that many holidays are legal in some states and not in
The newcc Section. 4 also differsa from the old Section 4 in that
wrapper casers are permitted to work on Sundays and the designated
legal holidays without being paid time and one-third. TPhe; inclusion
of this class of employee has been made necessary due to the fact
that in many climates, it is impossible to keep the cigar wrapper in
good condition from Friday afternoon until t~he following Monday.
The Code Authority has also recomlmendedl the amendment of
Section 9 of Article IV for the purpose' of clarifying the intent of
this provision of the Code. As how\ written, Section 9 would appear
to permit the classification of 25%/ of the workers producing stogies
as slow wrrork~ers regardless as to whether such stogies were produced
by machine or hand. The provision as amended will show definitely
that onlyT in the case of hand production may 25%7 of the workers
bje classified as slow workers anld such production may be on cigars,
stogies, cheroots or little cigars.
It is expected that these a~mendmenlts will aid greatly in the clari-
fication of the Code and will eliminate confusion which has hereto-
fore arisen. The Deputy Administrator in his final report to the"
NI~ational Industrial Recovery Board on said amnendments of said
Code having found as herein set forth and on the basis of all:
proceedings mn this matter:
The National Industrial Recovery 1Board finds that:
(a) The Amendment of said Code and the Code as amended are
well designed to promote the policies and purposes of TIitle I of
the Niational Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare byT promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of .labor and managaemrent under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promotngln the fullest possible utilizationl
of the present productive ca~pacity of industries, by avoiding undue;
restriction of production (except as may be temporarily requiredd,
REPORT TO THIE PRESIDENT
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) Tlhe 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 Code empowers thie Code Authority of the Cigar Manu-
facturing Industry to present the aforesaid amendments on behalf
of the Inldustry as a whole.
(d) The amendments and the Code as amended are not designed
to and w7pill not permit monopolies or monopolistic practices.
(e) T'he 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) T~hose 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 the amnendmle nts have been approved.
For The National Industrial ]Recovery Board:
WV. A. H~ARRIMAN,
ALPRIL 17, 1935. adiitaieO)er
A1\lEN=DIllENT TO CODE OF FAIR C3OMIPET~T ITION FOR
T~H[E CIGAL~R MIANUFAilC' TUNING INDU1STR-Y
1. Amelndl Section 4 of Alrticle III byr deletinga the same! anld sulb-~
stituting in its place thne following :
SIECTION 4. All time worked on Sund~ayr,Nev 1Year's D~ay, Wash-
ington's Birthday, Mlemorial Day, (Conifeder~ates' Day), Indlependc-
ence Day, Labor Day, Geneiral Election Day, Thianksgiving Day,
Christmas Day, andi all days which, may be decllr~ed to be nationll~
hlolidays by proclamation of the President of the United States,
except by watchmenr, engineers, firemen, and w~rapper cas~ers, shall
be comp,~~l~ented at time and one-thlirdl the normal rate.
2. Amend Section 9 of Article IV of the Code by dleletinlg same,
and substituting in its place the following:
SECnowO 9. Hand cigar mankers who are classedl as slow -workrers,
up to twent~y-five percent (25%) of the total number of such w~ork-
ers, and machine cigar operators, up to ten percent (10%/) of the
total number of such wRorkers, need not receive the minimum hourly
rate herein specified, provided they shall be patidl the same piece
rate as paid other employees of the same class.
Approvedl Codte N1o. 467i--Amendmlent N'o. 2.
Registry N'o. 1615i-13.
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