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Approved Code No. 374
Registry No. 1658--1-01
NATIONAL RECOVERY ADMIINISTRATION
CODE OF FAIR COMPETITION
WE DO OUR PALRT
GOVERNTMZNT PRINTING OFFICE
WASHINGTON : 1934
AS APPROVED ON MARCH 29, 19341
This publication is for sale by the Superintendent of Doc~uments, Government
Printing Office, Washington, D.C., and by dis-trict offices olf the Bureau of Foreign
and LDomestic Commerc.
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Approved Code No. 374
CODE OF FAIRR COMPETITION
TANNING EXTRAPICT INDUSTRY
As Approved on March 29, 1934
ArraPo~viP o CODE O1F FAIR COMPLETION FOR THE TANNING ErrTRACT
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Rlecovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition, for the Tanning Extract Industry, 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, TH~EREFORE, 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
President, including Exe~cutive Order ~No. 6543-A, dated Decem-
ber 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 F~air Competition be and it is hereby approved; pro-
vided, however, that within ninety dags I may direct that there be
a further hearing on such of the provisions of said Code as I may
designate, and that any order which I mymaeftruchein
shall hav~e the effect of a condition on t~h~:e apperol oc theaisCode
HuIran S. JorNsow,
Administrator for Industrial Recoverry.
GEO. L. BERY,
WaV.S ;S mTON, D.C.,
March 99, 19346.
The WhIfte Ho~use.
SmR: Thlis is a report of t~he hearing on t.he Code of Fair Compe-
titioln for the Tanningr Extract Industry,~ conducted ions Wahinton
on Febrlar~y 20, 1934, in accordance wt h rvsoso il
of the Inational Industrial Recovery Act.
HOURS AND WAGES
This Code provides an average of not more than 40 hours per
week in aRny period of two consecutive weeks. The usual exceptions
are made7 in r~egrard to non-productive employees. Office employees
are limited to an average of 40 hours per week over a 13 week period.
The miinimnumi wge rate in the North for hourly paid employees
is 35C per hour. In the South the minimum wage rate for hourly
paid employees is 304 per hour. Office employees will receive a
minimum wage of $;16.00 per weekz.
Provisionll is mnade for fur~nishinlg the Administr~at~or with such
statistically data as he miay require.
ECONOM'1IC( EFFECT OF THE CODE
The Inldustry emlployed in 1929 approximately 900 persons. In
November, 19333 employment hlad increased about 15%0 over June,
1929, anid about 30%r over June, 1933. reflecting the effect of the
Presiden'-'s ReemiploymIent Agreemlent. The hour schedule of the
Codle w~ill at least maintain t.he increase attained in November, 1933.
Figures submitted by 18 p~lants in the Industlry show an increase
inl payrolls of 48.4%c between June and Nov'ember, 1933. This again
reflects the effet of thle PresidZent's Reemnployment Ag$reemnen. If
production is maintained at t~he June-November, 1933 level, this
increase mn payrolls will be continued as a result of the Code.
The Deputy Admrini~st rat.or in his fi nal report to me on said Code
having found as herein set forth, and on the basis of all the proceed-
2ngs 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
remnoval of obstr~uctions to the free flow of interstate and foreign
commerce, which tend to diminish the amount thereof and will pro-
REPORT TO THE PRESIDENT
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducingo and mlaintatining united action of labor and management
under adlequate governmental sanction and supervision, by eliminat-
ing unfair competitive practices, by promoting thne fullest possible
utilization of the present prodluctive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasingr the? consulmption of induslt~ria~l a.ndl agricul-
tural products through increasing purchasing power, by reducing
and.relieving unemployment, by improving ~standardsd of labor, and
by otherwise rehabilitating industry.
(b) Said Inldustry normally employs not more than 50,000 emn-
ployeess and is not classified by me as a major industry.
(c) The Code as approved complies in all resp~ec~ts 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 1_0 thereof; and that the applicant Asso-
ciation is an industrial Association truly representative of the afore-
said Industry; and that said Association imposes no inequitable
restrictions on admission to memlbershi~p therein.
S(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) TIhose engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
F'or these! reasons this Code has been approved.
HUGH S. JOHNSON,
MARCHr 29, 1934.
CODE OF FAIR COMPETITION FiOR THE TANNING)
To effec~tuate the policies of Title I of the National Industrial
Recovery Act, the following is hereby established as a Code of
F~air Competition for the above named Industry and shall be binding
on every member thereof.
ARTICLEE I DEFINITIONS
The following words are used in this Code with the meaning herein
'"Indust~ry "-The manufacture, liquefying andior dissolving, for
sale of t~anning extract from domestic wood and bark or from im-
ported w~ood, bar~k, leaves and nuts.
Mlemberi --A natural person, partnerships corporation, associa-
t~ionl, trust, trustee, trustee in bankruptcy, receiver, or other form of
enterprise, engagedl in such Industry.
"Act"--Title I. of the National Industr~ial Recovery Act.
'"Administrator "'L-Th~e Admlinistrator for Industrial Recovery
unlder Title I in the Act.
ARTIICLIE II-O-CRGANhIZATION AND ADMINISTRATION
SECTION 1. There shall forthwith be constituted a Code Authority
consistilgr of five persons to be selected in thle following manner:
(a) Two shall be elec~ted by a mnajority vote from among those
members of the Industry engaged in the mannufacture of tanning
extract fr~om chestnut wToodC.
(b) TwCFpo shanll be elected fr~oml among those members of the
Industry enga ecd in thte manufacture of tanrning xratfomqe
(c) One shall be elected fr~om among those mlembers of the I[n-
dustry engaged in the mannufacturee of tanning extract from materials
other than those me~ntionedl in Sub-divisions (a) and (b) of this
SECTION 2. In addition to thl~e membership ats provided in Section 1
of this ArSrticle the Admninistrator many designate one or more persons
to serve on the Code Auth~ority for such terml as hie may fix. The
person or persons so d.s~ignatedi shall have no vote and shall serve
writhoult comp~jr mention florom thle Industry.
SECTION 3. Each trade association directly or indirectly partici-
pating in thne selection or activities of the Code Authority shall (1)
impose no inequitable restrictions on membership and (2') submit
to the Administrator true copies of its articles of association, by-
laws, regrulations andi any amendments when made thereto, together
with such other information as to membership, organization and
activities as the Adcminist~rator mnay deem necessary to effectuate the
purposes of thle Act.
SECTION 4-. In order thlat the Code A8uthority shall at all tims
be truly repreisentativ-e of the Industry and in other respects comply
with the p'rovisions of the Act, the Administrator may pr~esribe
such hearings as he may deem proper' and thereafter, fhshl
find that thle Code Authority is not truly representative or does not
in other respects comply withn the provisions of the Act, may require
an appropriate modlification in. the method of selection of the Code
A u thori ty.
SECTION 5. The Code Authority is charged generally with the
duty of adlminister~ing this Code. If the Administr~ator shall deter-
mine that any action of the Code Aluthority, or anyr agency thereof,
mlay be unfair or unljust or contrary to the public interest, the Admin-
istrator may require? that such action be suspended to afford an
opportunity for investigation of the merits of such action and fur-
ther consideration by thne Code Authority or agency pending final
action which shall not be effective unless the Administrator approves
or unless hle shall fail to disapprove after thirty day~s' notice to himt
of intention to proceed withn such action in its original or modified
SECTION 6j. The Code Authority shall use such trade associations
and other agencies as it deemls proper for the carrying out of any
of its activities provided for hereinl, provided that nothing herein
shall relieve the Code Authority of its duties or responsibilities
under this Code and that such trade associations or agencies shall
at all times be subject to and comply with the provisions hereof.
rSECTION 7. The expenses of administering this Code shall be borne
pkro rata, in. accordance with a formula to be adopted by the Code
Authority, subject to the approval of the Amnsrtor, by almm
bers of the Industry who accept the benefit of the services of the
Code -Authority or otherwise assent to this Code.
SECTION 8. The Code Authority may appoint a Trade Piractice
Committee wcJhich shall met3et with the Trade ]Practice Committees
under1 such other Codes as mray be related to this Industry for thne
purpose of formulating Fair Trade Practices to govern the rela-
tionships between production and distribution employers under this
Code and under such others to thne end that such Fair Trade Prac-
tices may be proposed to the Administrator as amnendmlents to this
C~ode~ and such other Codes.
SECTION 9. NOthing contained in this Code shall constitute the
members of the Code Authority partners for any purpose; nor shall
any melmber of the Code Authority be liable in any manner to any
one for any act of any other member, officer, agent or employee o~f
the~ Code Authority; nor shall any member of the Code Authority,
exzercising reasonable diligence in the conduct of his duties here-
under, be liable to any one for any action or omission to act under
this Code, except for his owGTn willful mis~feasance or non-feasance.
ARTICLE III -Houns or LABOR
SECTION 1. Employees in the Industry shall not be required or
pecrmittedl to w\orr 'hours in excess of the limits prescribed in thee
BCHEDU~LE OF WORKING HOURS
(a) Watcleluenen Forty-eight. (48) hours in any one week.
(b) Chauffeurs, truckmen, switching crews and crane operators:
One hundred eightyi (180) lou~rs in any period of four (4) con-
secutive weeks but not to exceed forty-eight (48) hours in any one
w-eek, p~rovided, however, that, all time worked in excess of nine (9)
hours in any one day or forty-6ive (45) hours in any one week
shall be paid for at not less than time and one-third.
(c) All other laborers, mechanical workers or artisans employed
in any plant., miill or factory. or on work connected with t~he oper-
ation of any such plant, mill or factory: An average of not more
than forty (40) hours per week in any period of two (2) consecutive
weeks, but not more than eight (8) hours in any one day.
(d) Employees regularly engaged in a managerial or executive
capacity and their personal secretaries, and employees serving in a
supervisory capacity, receiving thirty-five ($35.00) dollars or more
per w~ee'k andt outside salesmen: No limitation.
(e)Allothr eploees Anaveageof forty ~(40) hours per
week during any period of thirteen 1)cneuvewksbu
nlot to exceed fort3-eight (48) hours in any one week.
SECTIONU 2. NO Ilimitations contained in said schedule shall apply
to employees of any class when engaged ini emergency repairs or
emergency maintenance work occasioned~ by breakdowns or involving
protection of life or property, provided, however, that all time
w-orkedl inr excess of thie limitations presc~rib~ed in said schedule shall
be paid for as not less than timne andl one-third.
SacT~rlo 3. No employer sha7ll per~mit any employee to worke for
any timne wPhich, when t~otaledl with that already performed with
another employer or employers in this Indulstry, exceeds t.he mnaxi-
mumin permnittedd herein.
AnTICLE IV 7- AGES
SiECTIrON 1. The minimum rate of wage of anyT employee, includ-
ing, watchmen, in any plant., mill or factory or onl work connected
with the operation of any such plant, mill or factory, other than
cAlice or clerical employees, shall be as follows:
(a) In the Northern zone, which shall consist. of all of the terri-
torya of the U~nited States except th~e States named in Subdivisionl (b)
hereof : 353 cents per hour.
(bl In the Southern zone, which shall consist of the States of
Virginia, Tlenne~ssee. North Carolina, Soulth Clarolina, Georgia,
Floridla, A~labmam, 1\fisisissppi, Louisians, Arkansas, and Texas: 30
cents per hour.
SECTION 2. The mlnimuum rate Of wage foP any 0000c OF clerleSI
employee shall be sixteen (f$16.00) dollars per week. Par~t-time em-
ployees covered by the provisions of this Section shall be paid at the
rate of not lefss than forty (404) cents per hour.
SECTON 3. This Article establiihes a millnimum rate of pay which
shall apply irrespective of whe~lther an employee is actually compen-
sated on time rate, piece wfork or other basis.
SjECTION 4. TheC wage rates of all employees receiving more than
the minimum rates herein prescribed shall be reviewed and such
adjustments made therein as are equitable in the light of all the cir-
cumst~ances, but in no ease shall they be decreased. Within sixty (60)
days after the effect.ive date hereof the Code Authority shall report
to the Administrator the actions taken by~ all members of the Industry
under this Section.
SECTION 5. A person whose earning capacityg is limited because of
age or physical or mental handicap may be employed on light work
at a wage of not less than 80% of the minimum prescr1ibedi by thnis
Code, provided the State ~Authority or other agency designated by
th~e Uruted St~ates Department of Labor shall have issued a certificate
authorizing his employment on, such basis. Eachn member shall file
with t~he Clode Authority a list of all such persons emp~loyedl by him.
Alicrrro V-GENERAL LABOR PROVISIONS
SECI~cON 1. No person under sixteen. (16) years of age shall be em-
ployed in the I~ndustry. NJo person under eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall
sumit to the Administrator within sixty (60) days after the e~ffective
date of this Code a list of such operations or occupations. In any
State an employer shall be deemed to hav~e complied with this pro-
vision as to age if he shall havPe on file a certificate or permit duly
signed by the authority in such State empowered to issue employ-
ment or age certificates or perits, showing that.the employee is of
the required age.
SECTION 2. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing and shall
be free from the Inter~ference, restraint or coercion of employers of
labor, or their agents, in. the designation of such representatives or in
self-organizattion or in other concerted activities for the purpose. of
collective bargaining or other mutual aid or protection. No employee
a.nd no one seeking employment shall be required as a condition of
emlployment to jomn any company umion or to refrain from joining,
organizing or assisting a labor organization of his own choosing.
Employers shall comply with the mla imuml hours of labor, mHinrimum
rates of pay and other conditions of employment approved or pre-
scribed by the President.
SECnTION 3. No provision in this Code shall supersede any State
or Federal law w~Fhich imposes onl employers more stringent require-
mnents as to age of employees, wages, hours of work, or as to safety,
health, sanitaryr or general working conditions or insurance or fire
protection, than are imposed by this Code.
SECTION 4. Nfo employer shall rec~lassify employees or duties of
occupations performed .or engage in any ot.h~r subterfuge, for the
purpose of defe~atinga the purposes or provisions of the Act or of
SECTION 5. AC~ll employers shall keep p~ostedl copies of ~Articles III,
IVTi and VT of this Code, and any amecndment~s thereto, in conspicuous
places accessible to employees.
SECIO 6 Evryemloy7er shall m~take reasonable. provisions for
the safety and health of his emloee at" the place anddingth
hours of their employment. Standa~rds for safety and health shall
be submitted by the Code Authority to the Administrator within six
(6) months after the effective date of this Code.
-SECTION 7. The manufacture or partial manufacture of any product
of the Industry in homes shall be prohibited.
AnnICLE VIII-REPORTS AND ST~TnswCs
SECTION 1. Each member shall prepare and file with an impartial
agent or agents designated by the Code Authorit~y at such times
and in such manner as it may prescribe, such statistics, data and in-
formationn as the Administrator mnay from time to time require. In
addlition each member shall furnish the Code Authority such infor-
mzation relating to number of employees, wage rates, employees'
earnings andl hours of labor, as it shall require.
SEcsTION 2. ExScept as otherw~iser providled in the A~ct or in th~is
Code, all statistics, data and information filed or required in accord-
ance with the provisions of this Code, shall be confidential and the
statistics, data and information of one member shall not be revealedi
to atnothler member. No such data or information shanll be published
except in combination with, other similar data and in such manner
as to avoid the disclosure of confidential information. Thie Code
Authority shall arrange in such manner as it may determine for the
current puxblication of Industry statistics to members.
SECTIow 3. The Code AIuthority shall makre such reports to the
Adcministr~ator as he may from time to time require.
SECTION 4. In addition to information required to be submitted
to the Code Authority, there shall be furnished to Govermnent
Agencies such statistical information as the Administrator may
deem necessary for the purposes recited in Section 3 (a) of the
Act. Nothing contained in this Code shall relieve any member of
any existing obligations to f-urnish reports to any Governmlent
SECToION 1. No provision of this Code shall be so applied as to
permit monopolies or monopolistic prnetices, or to eliminate, oppre~ss,
or discriminate against small enterprises.
SECTION 1. Upon approval by two-thirds of the members a flectedl
thereby, the Code Authority may from time to time present to thle
Administrator r~ecommlnendations bse3fd on conditions mn the Industry
which will tend to effectuate the operation of th-is Code and the
policies of the Act. Such recommendations w~hen apprloved by the
Admninistrator,, after such notice and hearing as he shall prescribe,
shall have the same force andl effect as other provisions of thl~is Code.
ARTICLE IZZ--TlRADE P.RAcnCES
SECTION. 1. The followi-ng are hereby constituted Trade Practices
for the Indlustry and failure to comply with the provisions thereof
shall be a violation of this Code:
(a) No member of the Industry shall misrepresent, either by
advertisemlent, circular, label or otherwise, the quantityg, quality,
grade, value or content of any product sold, or policy, service or
form of business conducted.
(b) No member of the Industry shall make any false, mnisleading
or inac~curnt~e st~atemlents, dispazraging~ competitors or their goods,
price, value! crediit termsr, policies or services.
(c) No mlember of t~he Ind~ustry shall attempt to induce the breach
of any existing contract between a competitor and his customer, or
his source of supplies; nor shall any such member interfere with or
obstruct the proper performance of such contractual obligations.
(d) No member shall give, permit to be given, or dii-~ctly offer to
give, any-thiing of value for the purpose of Influencinrg or rewarlding
reaction of anyr employee, agent or r~eple~sentativ\e of another in.
relation to the business of the employer of such employees, th~e prin-
cipal of such agent or the represented party, without the knowledge
of such employer, principal or party. The foregoing provisions
shall not be construed to prohibit free and general distribution of
articles commI~on~ly used for azdvertising except so far as such articles
axre~ actually used for commercial briberyr as herein defined.
(e) No member of the Industry shall ship goods on consignment,
except under circ~umstances to be defined by the Code- Authority
where peculiar circ~umstances of the Industry require the practice.
ARTICLE X-F.GENERAL PROVISIONS
SECTION 1~. If any member is also a member of another industry,
the provisions of the Code shall apply to and affect only that part
of his business which is included in this Industry.
SECTION 2. Any work or process incidental to and carried on by a,
member at his plant as a part of the manufacture of anly product of
the Industry, shall be regarded as a part of this Industry.
SECTION 3. Such~ of the provisions of this Code as are not required
to be includledl therein by the Act, may, with the approval of the
Admninistrantor, .be modified and eliminated as changes in circum-
stances or experience may indicate.
SEC'TION 4. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accorkn7nc ee with the
provisions of Section 10 (b) of the Alct, fromt 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 Pretsid:ent to cancel or modify hnis approval of this
Code or any conditions imposed by him upon his approval thereof
SECTION fl. This Code shall become e~ffec~tive on the second Monday
after the date upon which it shall be approved by the President of
the U`Cnited States.
Applroved Code No. 374.
Registry No. 1655-1-01.
1 See paragraph 2 of order approving this Code.
U.9. GOVERNMENT PRINTING OFFICE:1984
UNIVERSITY OF FLORIDA
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