NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAI R C OMRPET IT ION
For sale by the Superintendent of Documents, W~ashington, D.C. - Price 5 cents
Approved Code No. 225
Registry No. 16.51--02
AS APPROVED ON JANUARY 23, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
This publication is for sale ny the Superintendent of Documents, Government
Printing Office, WVashington, D.C., and by distrlet offices of the Bureau of Foreign
and Domestic Commerce.
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Approved Code! No. 225
CODE OF FIR"I~ COMPETITION
SMOKEING PIPE 3MANU~~FACTUJRING INDUSTRY
As Approved on Januaryr 23, 1934
APPROVING CODE OF FAIR COMPETITION
SMVOK;ING PIIPEI MANUFAC[~'TURIN~G 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 a Code of
Fair Competition for the Smoking Pipe M~anufacturing Industry,
and hearings having been dulyr held thereon and thre alnnexed report
on said Code, containing findings with respect, thereto, having been
mzade and directed to the Presiden~t:
NOWT, TH3EREF'ORE, on behalf of the Pr~esid~ent of the Unlited
States, I, HE-ugh S. Johnson, Administrator for Ilndustrial Rtecover~y,
pursuant to authority vested in me by Ex~ecutive Ordlers of the Presi-
dent, including Executive Order No. 6543-A, dated D~ecember 30,
1933, and otherwise; do hereby inlcorporate by retfere~nce said anlnexed
report and do find that said Codte c~omplelts in all respects wcith the
pertinent. provisions anrd will promote the policy and purposes of
said Title of said Act: and do hereby order thant said Code of Fair
Competition be andt it is hereby app,1rnved.
HUanL S. JoENuson,
AdmCTIIinlistratwor for Indulzstr~ial RI~ecov~ery.
Approval Reconulnend~ed :
G EO. TA. BERRY,
Januarrrry 23, 1939.
28294 *-296--42 34
The White Hous~e.
SmR: A ]Public 3Hletring on the Clode of Fair Competit~ion for the
Smiokinig Pipe Alanufaeturing~ IndustryV, submiitted by the Associa-
tion of Sml~ilokingPipe M\anufactul~rers o the United St~ates located
in NewTI Yor~k, wais conducted in Washington on the 4t~h of October
19331 in accordance with the provisions of t~he Natiornal Indujt~r~ial
KRcovercly Admiinist ration. The association claims to r~epresent 1(00
percent~' of the Industry.
Thelc Codec pro~vide~s a mlaximluml of forty hours per week. Othiee
employees ar~e perm"itted a maximum of 421/, hours per w5eekl. Per-
sons emnploy,~ed in shipp~ing and packing r~oomls, en~inee~rs and firemen
are permitted to work 48 hours per week xceprlt during the months
of June, July, Augu it. and September, when engainleers and fireman
shall not be empllloyed3 for mloret than 40 hours per' we'ek.
Emp'loy'ees in a manage~lrila or executive canleity, receriving $33.00O
or more per week, emlerg~enlc y repair crews, oultside salesmen, and
highly killedl workers when e~ngagedt in work o~n co.ntinuousj pro-
cesses where the restriction of their hours of Inbor would reduce
productions,! are excepted entirely fr~om thle hours orf labor, provided
timne and one half is panid emlergenlcy repa-ir crews and highly skilled
w~orkers~ for all hours wrorkedc in e~xcess of forty pe~r w~ek.
Census reports for 1929 show\\ed prevailing hours of labor to be
betw~eenl 45 -and 48. The industryS states that. 541 hours has b~een the
averagef~c work week during the busy seasons, with 48 hours the: mini-
mum at any per~iodl. Assuming 48 hoursM as the average w~ork week
prior to the signingf of tihe Reempyloyment Asgr~eement, it is estimated
that the forty-hour w11eek proposedl in the Code would gaive employ-
nlent to an aIddit~ional 1475 pers"ons.
Ther industry states, and Census figures sutbstalntiate their claim
that there is no unemployment in the industryv at th~e present time,
there be~ing more, workers empIloyed now than in 1920. There has
been a graduall decline in emiploymeicnt smeie 199:3, which was the
peak; year for the indu--try, at wh~lich t~ime~ 2,402 workers weret em-
ployed in the industry. This decline has been consisrtenit until 1933
wyhen a gain is shown, due ulndoubtedly~ to th~e change inl consumer
demand which has recently been evidenced.
This Code provides a minmlluml rate of 35 cents p~er' hou~r or $14.00
per w\eekl, and this is established as a mlinimuml rate of pay, r~egard-
less of whether an. emlployeei is c~ompensated onl timne rate, piecewvork
performance, or other bas~is. T'he Code also) pr~ovides: thalt. empllloyers
shall endeavor to inicrease the pay of emnployees receiving wages above
Informaltio- n on learning s of individual wor~kersr is very meager.
However, average annual wages can be computed from Census data.
The average a~llnnu wage in 1929 was $1 167.00 as comapared with an
av\er~age of $1.315.00 for all industry) combined~. In 1931 the average
annual .w~age dlei.linedl ten percent, to $1,050,00 inl this industry, as
compared with a 16 percent decline to $1,102.00 for all industry
The wFagre bill in, this industry chnimsl a large share of the total
value of products. In 1929 the rates of wages panid to -value of
products were 35.3 percent and in 1931 were 32 percent. WVages for
all mlanulfacturing~r industries combined wpere 16 percent of the total
value of product in 1990n, and 17.4 percent in 1931.
The Deputy Adm~inistrator in his final report to me on said Code
hravingf found as herein set forth. and on the bnsis of all the proceed-
ings 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 ICndustrial Recovery Act,- including
removal of obstructions to the free flow of interstatte and foreign
commerce wThich tend to diminish the amount ther~eof and will pro-
vide for the genlerl welfare by prom~otingf the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and mlanargemntcn
under adequate governmental sanctions and supervision, by elimninat-
ing unfair competitive practices, by promoting the fullest possible
utilization of thre present productive capacity of industries, boy a-voidl-
mng undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducingif
and relieving unemployment, by improving stalndalrds of labor,an
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major indlustry.'
(c) The Code as approved complies in all respects wirth the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsec~tion (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is a trade association truly- representative of the aforesatid Industry;
and that said association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit mnoplllolies
or monopolistic practices.
(e) The Code is nlot designed to and will not eliminate or oppress
small enterprises and wPill 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
TChis Indullstry has cooperated in a most satisfactoryy manner with
the Administration in the preparation of this Code. F'rom the evi-
dencee addluced during thne hearing and from recommendations and
reports of the various advisory boards it is believed that this Code
in its present form as approved represents an effective, practiced, and
equitable solution for this indus~try3 and for these reasons this Codle
has been approved.
HUouI S. JoNSON,
Admll ;I sinistraor.
JAhNUARY 23, 1934.
CODE OF PAIR COMPETITION
SMOKING PIPE MANUFACTURING INDUSTRY
To effectuate the pollicies of Title I of the National Industrial
Recovlery Act, this Code is submitted as a Code of Frair Competition
for the Smnokilna Pipe Mlanufacturing Industry and its provisions
shall be the standard of fair completitionl for sulch Industryv and shall
be! binding ulpon every memlber thereof.
ARTICLE PII- -EFINLITIONS
1.The, term Smokingrlc P;i1peR~r Mnfac~tur ingIITI~ Industry ") Shall mean
the mannufaacturing of any smoking pipe, eigar holder, and cigarette
holder, prodluc~ed fromn imp~orted or domestic wnoods, or other mna-
terials. The manufacture of corn cob pipes is specifiedlly excluded
fromr this Code.
2. The term '" empllo~yee "' as used hlerein, inlclud~es anyone enlgaged
in. the IndustryT in any capacity receiving compensation for his serv-
ices, irrespective of the nature or the method of paymlent of such
3. The term employer as usedi her~ein, includles anyone by whom
any such emlployee is compensated or employed.
4. The term "~ member of the industry 'includes anyone engaaged
in the indulstry as above definedl, either as an employer or on his own
5. The terms "LAct and "LAdmlinistrator as used herein, shall
mean resp~ectively Title I of the National Ildulstrial Recovery Act
and the Adm~linist~tcrto for Indul~strial Recovery.
ARTICLE II[I HOURS
1. No employee shall workr or be permitted to w~ork in excess of
-forty (40) hours in any one wreek or eight (8) hours in any twenty-
four (24l) hour period except sulch~ employees specifically excluded
from the provisions hereof by Sections 2 andi 3 post.
2. Office employees s-hall not be employed for more than forty-two
and one~ half (4L21/,) hours per week and employees engaged in ship-
ping and in packing rooms, together with engineers and firemen,
shall not be employed for more than forty-eight (48) hours per week
except that during the months of June, July, August, and Septemaber
engineers andr firemen shall not. be lemlployed for more than forty
(40) hours p~er week.
8., Emp~loyees in a managerial or executive capacity, who nowf re-
Ceive thlir~ty-five dollars ($35.00i) per w-eek or mnore, ourtside salonenCI 1
emlerg~ency~ repair crlew\s, and2 highly skilledl workers when. engbaged
in w~orkh on continuous pr~ocesses where the restriction of their hours
of labor w~ouldc reduce productions, ar~e hlereby specifically exemnpted
from the maximum hours set forth inr paragr~ap~hs 1. and 2 anlte;
provided, however,1 that highly skilledc workersf andi 1~lemerency re~pair
c~rewsY shall be paid at least time and one half for all hours wol~rkd
in excess of forty7 (40) hours per week~l.
4. Watchmeln may be emp~loyedl in pairs and shall not wrork. more
tha:n 36 unld 48 hours on alterlnate? weteks, or an average of 42 hours
5. No empllloyete shall work or be permitted to workI'I for a, total
number of h~our~s in excess of the number of hours her~ein prescribed,
w-hethler he be emplloyed by one or more emlploylers.
ART,,,ICE 17- AGEs
1.No empllloyee shall be paid at less than the rate of t~hirty-five
cents (;35C) per hour or fourteen dollars ($14.00) per wreek except
as herein otherwise provided.,
(a) Employees engaged in wrapping and brandling pipes anid
placing them on display cards mayr be paid at not less than the rate
of thirty cents (300) per~ hour, provided that no such employee shall
be engaged in any other productive or mechanical wPork unless paid
at a rate not less than the mlinimluml wage above provided. Such
employees shall in no case exceed fifteen percent (15ofo) of the total
numnb~r of employees of any one emnployer.
(b) ALpprent~ices, havinga no previous emrployment in this industry,
shall: for a period not to exrceed six: weeks, be pasid not less than 80
percent of the minimum wage above provided. Such appretntices
shall in no case exceedl five percent of the total number of employees
of any onle employ-er.
2. This Alr~ticle establishes a minimum r~ate of pay. recgarldless of
wF~heth~er an employee is c~omlpensated on a time-rate, piece-work per-
formance, or other basis.
3. It is the policy of the mlemnbers of this indtustr~y to r~efr~ain from
reducing the comlpensationl for emiploymnent which Comp11ensation1
was, prior to June 16, 1933, in exce~ss of the mninimluml wage herein
set ~forth, notwithstanding that the hours of w~ork in such emlploy-
ment may be reduced; and all memnbersr of this industry shall en-
deavor to increase the pay of all employees: in excess of the milinmumu
wange, as herein set fourth, by an equlitable adjustment of all pa"y
ARTICLE V-GENERA L LABOR PROVI.SIONSC~
1. No person under 16 years of age shall be eml~ployed in the indus-
try, nor anyone under 18 years of age at operations or occuipationis
hazardous in nature or detr~imlent.al to health. The Code Authority~
shall submit t~o the Administrator before January 1, 1934, a list of
such oc~cupat~ions. In. any State an employer shall be deemed to
have complied with this provisions if hre shall have on file a certificate
or permit duly issued by the authority in such State empowered to
issue employment. or age certificates or permits, showing that the
employee is of the required age.
2. Emnployees: shall have the right to organize and bargain collec-
tively through representatives of their own choosingr and shall be
free from th~e interference, r~estraintb, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-or~ganization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No em~ployree and no one seeking employment. shanll be required
as a condcition of employment to join, any company union or to re-
framn from joinmng, organizing, or assisting a labor organization
of his own choosing, and
4. Employers shall comply with the maiim~um hours of labor, min-
imumm rates of pay, and other conditions of employment, approved
or prescribed by te President.
5. Within eac State this Code shall not. supersede any laws of
such State imposing more stringent requirements on employers reg-
ulating the age of employees, wages, hours of w~ork, and general
working; condiitions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
7. Each emnplo-er shall post in c~onspicuours places full copies of
A~RTICLE VI-AnaT?: ~ r.~Iastaro
To further effectuate the policies of the Act, a Code Authority is
hereby established to cooperate with the Administ rator in t.he admin-
istration of this Code.
1. Organizatiotzn and Conzstit~ution, of C~ode Althor~ity ---(a)- The
Code Authiority shall consist of eight individuals, or such other num-
ber as mrayr be approved from time to time by the Administrator,
to be selected by a fair method of selection from and by the industry
and appointed by the Admninistrator. In addition to these members
the Administrator shall appoint a chairman, who is to vote only in
the event of a tie, and, in his discretion, hle may appoint not more
than three additional members without vote to serve for such period
of time as he may designate.
(b) The Aescctiatio of Smoking Pipe M~anufac~turers of th~e United
States shall be the agency under thle Code Authority, for adminis-
tering the provisionls of ~t is Codle, subject to the approval of the
Admnin Ist rator. This Association or any other trade or industrial
association diretctly~ or indirectly participating mn the selection or
activities of the Code Atuthority shall: (1) TImpose no inequitable
restrictions on membership. (2) S~ubmnit to the Admlinistrator true
copies of its articles of associ t ion! by~la ws, regulate ions, together writh
any amend~Iment or amendments when mad~e thereto and such other
information as to membership, organization, and activities as the
Admninisirator may deem necessa~ry and proper .to effectuate the
purpojses of the National Ind ust rial' Recovery Act.*
(c) In order that the Code ~Authnority shall at all times be truly
representative; of' thec~ indulstryr and in other :respects compllly with the
provisions of the Act the Adlminist!rator may provide such hearingss
as h~e may deem proper; and thereafter if he shall find that the Code
Authority is not truly r~epr~esentative and does not in otherl r~esp~c~ts
~omlplyJ with the prov\isions~ of the Act, may take such action as may
be proper in thie premnises.
(d) Mem~bers of the ind~ustry3 shall be en~titledl to participate in
anid shlare the bJenefits of the activities of the Cocde Auth~ority and
to par~tic~ipate in thne selection of the members thereof byT assenting
to andi complying with the requir~emenlts of this Code and sustaining
their reasona~ble share of the expenses of its admillnstration Such
rIeasonable share of the expetnses of administration shall be deteir-
mlined by the Code Authority,~ subj ect to rev iew by the AdmI ni nistr1a tor,
on thle basis of volume of b-usiness andl/or such other faetorlls as mlayp
be dleemeld equitable.
SEC'. 2. PotoCT8 awd D~tlles.-The Cocde Au~thor~ity' shall have the
following further pow~ers andc duties, the exercise of which shall be
reported to the Admlinijstrator' andl shall be subject to his right, on
review, to disapprove or mnodifyr anyT action taken by the Code
(a) To insure the exsecutionl of the pr~ovisionls of this Coder and
provide for the compliance of the indu~lstryr with the provisions ofE
(b) To adlopt bylaw~s and rules and r~egulations for its pr~oced~t ure
an~d for the administration and enforcement, of the Code.
(c) T1Co obtain from members of the industry such information
and reports as arec required for the administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in. Section 3 (a) of the .Act, which information and reports
shall be submitted by mlembers to such. administrative and/or gov-
ernment agencies as the Administrator may designate; 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 reports shall be disclosed to any other members of the
industry or any other party exc~ept to such governmnental agencies
as may be directed by the Administrator.
(d) To use such trade associations and others agencies as it deems
proper for the carrying out. of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Co~e, and that such trade
associations and agencies shall at all times be subject, to and comply
w~ith the provisions hereof..
(e) To make recommendations to the Admninistrator for the co-
ordination of th aIdministration of this Code w8itfh such other codes,
if any. as rmay be related to the industry.
(f) To seclr~e fromt mnembers of the industry an equritable and pro-
portionate payment of thle reasonable expenses of maintaining the
Code Author~ity and its activities.
(g) To cooperate w~ith~ the Administlrator in r~egulatino t~he use
of any N.R.A. insignin7 solely by" those members of the industry wh~o
have assentedl to, and ar1e com~lplying withf, this Code.
(h) To recommend to the Admninistrator further fair-trade prac-
tice provisions to govern members of the industry in their relations
writhi each other or with other industries and to recommend to the
Administrator measures for industr~ial planning, including staibiliza-
tion of employment.
ARTICLE V]II--TRADE PRACTICES
The following practices constitute unfair methods of competition
for members of the industry and are prohibited:
1. The sellingr or offering for sale of any product of the industry
below cost, as determined by a standard- cost-acournting system to
be approved by the Administrator.
2. The selling of dropped lines, surplus, and rejected mnerchandise
and distressr merchandise below cost exe~pt as approved by the Code
(a) D~rop~ped lines are defined as those lines of mler~chandi~se whicht
a particular manufacturer intends to discontinue but in no event. shall
anly line be considered a dropped line unless it has been offered to the
public for at least a period of six months.
3. False M~iark~ing or Brandzing.--The false marking or branding of
anyT product of the industry which has the tendency to mislead or
deceive customers or prospective customers, whether as to the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the industry, or otherwise.
4. Mis~representats~onz or Fabls or Misleading Advrerti~sing.y-The,
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement, by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish~, or prepara-
tion of any product of thne industry, or the credit terms, values,
policies, or services of any member of the! industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
5. Commercial Bribery.--Directly or indlir~ectly to give or permit
to be given, or offer to give, money or anything of value to agents,
employees, or representatives of customers or prospective customers,
or to agents, employees, or representatives of competitors' customers
or prospective customlers, without the knowledge of their employers
or principals, as anl inducement to influence their employers or ~prn-
cipals to purchase or contract to p~urchas9e from the makrers of sulch
gift or offer, or to influence such employers or principals to r~efrain
from dealineg or contracting to deall w-ith completitors.i
6. I~nte~rfernce soith.Coniitr~acf tpal Relat fione P---al ic iously i ndu ci ng
or attempting to induce the breach of an existing oranl or written
contract between. a competitor and his customer or source o~f supply,
or interfering with or obstructing the performance of any such con-
tranctual duties or services.
7. Secret Rebates.-Tllhe secret pIayment or allowance of rebates,
rIefunds,*ciomlmissions,; credits, or unear~ned discounts, w~hether mi
thle formn of money or otherwise, or t~he s-ec~ret extension to certain
pulrhchasers of special se.IVrvces or privilePges not. extended to all pur-
chasers on like terms andl conditions.
8. O'icing of Prizar Penniumsrra, o lifts.--The offerings or griving
of prizes, p-remilums,, or gifts in connection with the sale of products
or as an indulcement thnereto, by anly sc~hemer which involvets lottery,
mlisrepresentation, or fraud.
9. Deifamantior.--The detfamatlion of complet itorsY by falsely imputlIf-
ing tthmdishonorable iconduc~t, inab~ility to p~erformI contr~nets,
questionable credit. standingr, or byr other false replresenltations or by
the false dlispnlaragemnrt of the gradle or quality of their grcoods.
10. Thir~eatx of Litigartion.--The publishing or circul~ariz~ing of
threats or suits for in~fringement of pailtents or trade nutrks'fi or of
any~ other legal prloc~eedlings not in good faith, with the tendcenc~y
or effect of harassing comp~etitorls: or intimidating~ their culstomlers..
11. Espiona~cge of Comi~petfit ore.--Secu rin I Conllfic entfia1l formllatfion)I
concern~inlg the business of a c~ompletitor by a, false or misleading
statements. or r~epreserlnttion, by a false imnper.so.nation1 of one in
a~uthority~c, by bribery or by any other unfair mnethlod.
12. Cnsiged Me?'~~rchandi.-e.--N o merchlandlis e shall be soldX on
13. Tradue Guar~, rantce.---Pipes priced for sale, at le~ than one
dlollar ($1.00), shall not be sold upon any guarantee of rerplalcementn
in the event that the samIle p~rove u1nsat is factolry; and no mla nu fnct re ~cr
shall accept the return of a used pipe or re~place the same, exscetlt
f~or defects of manufacture, such. adjustmnenlt to be made~c- only
betweenl the manllufact~urer and the ultimate~ consumer.1
14. Other Unrlfair Pract~ices.-Noth~ing in. this Codet shall limit the
effect of an adjudiention by the Courts or holdings~ by the Feder~~al
Trade Comm~i~ssonl on complaint, finding, and order, that any. prac-
tice! or methodl is unfair, pr~ovidinga that sulchl adljudicat-ion or holding
is not inconsiistenlt withl any provision of the Act or of the Cod~e.
1. This Code and all the p~rov>isions th~ereof are expressly mad~lce
subjcrt, to t~he right of the Presidenlt. in accordance with the pro-
visions of subsectioln (b) of Section 10, of Title I of ther Nationanl
Industrial Recovery- Act, from time to time to cancel or modify any
order, approval, license, rule, or regulation issued~ under TIitle I
of said ALct and specifically, but w~itholcut limlitationl, to the r~ight of
the Pr~esident to cancel or modify his approval of this Cotle- or any
cond-itions :imposedl by himn upon his ap~p~rovll thereof.
2. This Code, except as to procvis-ionsi required by the Act, may13 be
modlified or amendled on the basis of experience or chnanes in cir-
cumlstances, such mnodificationl or amendments to be based" upon ap-
plication to the A-dministrator andt such notice and hearing as he
shall specify, and to become eff'ective~ on approval of the Admlinistr~a-
tor, unless otherwise provided.
1. No provision of this Codec shall be so applied as to permit
monopolies or monop~olistic prne~tices, or to eliminate, oppr-"ess, or
discriminate against small enterprises.
UNIVERSITY OF FLORIDA
402 3 1262 08728 6075
ARTICLE X--FRICE TNCREASES
Whe1reasf th-e ponlicv of the Act ton increase real ~I'puIrching power
will be ma1:de impossible of consummation if pErices of goods and serv-
ices increase as ranpidly as nagres, it is recognized that price increases
should be delayed and that, whei n mde, the same should, so far as
reasonably p~ossible, be limited to actual increases in the seller's costs.
ARTIcLE XI--EFIFECTI\.E DATE
This Code shall b~ecomne effective on thle tenlth dayS after its approval
by the Presidenit.
A~pprov'ed Code No. 225.
Registry Nlo. 1651-02.