Code of fair competition for the pipe organ industry as approved on January 16, 1934


Material Information

Code of fair competition for the pipe organ industry as approved on January 16, 1934
Portion of title:
Pipe organ industry
Physical Description:
p. 203-212 : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Organ builders -- Law and legislation -- United States   ( lcsh )
Musical instrument makers -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


The term "pipe organ industry" as used herein is defined to include organ builders who manufacture and/or assemble pipe organs.
Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1644-02."
General Note:
"Approved Code No. 210."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004921579
oclc - 639315473
System ID:

Full Text

Approved Code No. 210

Registry N'o. IG441-02









For sale by the Superintendent of Documents, Washington, D.C. ---

Price 5 cents

This publication is for sale by the Superintendent of Documents, Government
Printing Office, W~ashington, DOC., and by district offices of the Bureau of Foreign
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Approved Code No. 210



As Approved on January 16, 1934



An applications having been duly made pursuant to and in full
compiance with the provisions of Title I of the National Indlustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Pipe Organ Inrdustry, anid hearingrs having
been duly held thereon and the annexed report on said Cobde, con-
taining fidings with respect tlhereto, having been made and directed
to thze President:
NOW THSIEREFORE on behalf of the Presidelnt of the United
States, 1, Hugh S. Johnson, Administrator for Industrial 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 Code complies in all respects with the
pertinent provisions and w7Pill promote the policy anld purposes of
said Title of said Act; and do hereby order that said Code of F~air
Competition be and it is herebyg approved.
Huan38 S. JOHNSON,
Adminilst~ato~r for Industr~ial R~ecovery.
Approval recommended :
Division Admninistrator.
Janucary 16, 1934.
29830 "-296-13---34 (2013

The Pue.;I)Smer,
The ~White H~o~use.
SmR: AS Public H1--earing on the Code of F'air Competition for the
Pipe Organ Industry, submitted by the National Association of
Organ Builders, located at 45 W~est 45th~ Street, ~New York, N~.Y.~r,
was conducted in W~ashington on the 8th of November, 1933, in ac-
cordan~lce with the provisions of the National Industrial Recovery
Act. Thne Association cIlaims to represent 95 per cent of the
The m~aximnum hours p~ermnitted under this Code for factory emn-
ployees are forty (40) hours in any one (1) ~week provided, hzow-
ever, that this limit may be extended to a maxrimum of forty-eight
(48) hours in. anly one (1) wreekl, for a total of not to exceed twelve
(12) weeks in any7 twelve (12) month period, and provided further
that time and one third shall be paid for all hours per wIeek over
forty (40). For clerical and offce employees a maxnimnum of forty
(40) hours inl anly onle (1) week is permitted, except that inventory
a~nd statistical employees may be permitted to work a maximum of
fortyT-eig~ht (48) hours in any one (1) week for a total of not to
exceed three (3) weeks in any six (6) month period.
TPhe minimnumn wage for factory employees, except learners, is forty
cents (404) per hour. T'he mimmrrum wnge for learners is at a rate
not less than. eighty per cent (80%) of the minimum established
herein, and the total number of persons so employed by a, member
of the Industry is not to exsceed one in number or five per cent (5%0)
of the total number of such member's factory workers, whiche~ver is
the higher and th~e period of learning is limited to six (6) months
whether served under one or more employers.
T'he minimum wage for other employees, except office boys and
office girls, is fourteen dollars ($14.00) per week. Office boys and
office girls are to be paid not less than eighty percent (80%0) of
the minimum established anld the total number of such. personS em"-
ployed at less than fourteen dollars ($14.00) per week by any mlem-
ber of the Indluitry in anyT calendar mlonthr shall not exc~eed~ twco (2)
in number or five percent (5%J) of the total number of such nemn-
ber's other employees, whichev-er is the high~er. T'he minimum' rate of
pay established is to apply, irrespective of whether an employee is
actually compecnnated on a time rate, piecework performance, or
other basis. It is also provided that female employees performning
substantially the same work as male employees shall receive the.
samne rate of pay as male employees.
The value of commodities produced by the Organ.26 Marnufactur
ing Industry aggr(legated~, during 1929, $13976 uig13
product ~value dlec~lined 49.6 percent under the 1929 total, or to
The number of Pipe Organs manufactured in the Unitedl States
increased from 1,151 in 1919 to 1,'767 in 1923, and to 2,471 in 1927.
Unit production dro-pped to 1,695 in 1929. This 31.4 percent drop
of 1_929 under 19(27 was due for the most part. to the introdulction
of sound in motion-picture theaters, which was one of the two main
consumercl groups. Due to economic conditions, the d'emandl for
churlc~h organs has dimiinished~ to a very low level, as well.
Bconrse of the fact that. a pipe organnr is not a necessit~y of life, bllt
a commodity which supplies the cult-ural wiPants of mankind, it is
not purchased until the more vital n-eedi's have been supplied. Not


until prosperity hnas become well establishedl will this industry
experience a real uptur~n in business wcithi the resultant reemlploymuentt
of a substantial number of employees.
Wage earners emplolymenlt declined 38.9 percent from 1929 to
1931. On the basis of the forty (40) hour week, 438 wage earners
should benefit through reemployment.
The Deputyuuuuuuuu--------- A4dministrato~r in his final report to me on said Code
having found as herein set forth and on thne basis of all the? proceed-
ings in this matter:
I find that:
(a) Said Code is well designed to promoted the policies and pur-
poses of T'itle I of the NI~ational Indulstrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide~ for the gen"eral welfare byr promoting t~he organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and m~anagemaent
under adequate governmental sanctions and supervision, by eliminat-
ing 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 ~tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by unproving standards of
labor, and by otherwise rehabilitatinlg industry-.
(b) Said Industry normally employs nlot more than 50,000 em-
ployes; and is not classified by me as a major industry.
()The Code as approvedi complies in all respects with thre perti-
nent provisions of said TPitle of said Act, including without limitationl
Subsection (a) of Section 3, Subsection (a) of Sec~tion 7, and Sub-
section (b) of Section 10 thereof; and that the applican-t association
is an in industrial association trul representative of thie aforesaid
Industry; and that said association~ imposes no inequitable restric-
tions on admission to ,member~ship therein.
(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 oppr~ess
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 aipproval of a
This Industry has cooperated in a most satisfactory manner with
the Administrator in thle preparation of this Code. ZFromn evidence
adduced during this hearing and from recommendations and reports
of the various IAdvisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equif~able solu-
tion for this Industry and for these reasons this Code has been ap-
Howl S. rJonsorn,
J~warreR 16, 1934.



To effc~utuat the policies of TIitle I of the National Indlustrial
Rteco~verly Act, this Code is established as a Code of Fair Competition
for the Pipe Organ Industry, and shall be the standard of fair com-
petition for this industry and) binding upon every member thereof.

1. T'he term "' Pipe Organ Industry as used herein is defined to
include :
(a) Organ, builders who manufacture and/or assemblle Pipe
(b) Mlanulfacturers opera,tingr a factory for the production of Pipe
Organ parts.
2. The term member of the industry ", as used herein, shall mean
anly person engaged as an employer in, the ]Pipe Organ Industry.
3. The termn employee as used hereinl includes anyl person
engagedt in any phase of the industry in any e~nplc~ityr re~eivingr com-
pensation for his services, irrespective of the merth~od of payment of
such compensation.
4. The term. employer as used herein includes any one by whom
such employee is comlpensatedt~c: or employed.
5. The term "'learner ~l" as used herein. shall mean. an employee
with less than six (6) months previous experiences or employment
in this industry.
6. The terms Act and A~dministrator as used' herein. shllnl
mean res~pectively Title I of the National Industrial Recovery Act,
and the Administrator for Indcusctr~ial Rec~over3.

1. No factory employee shall be permitted to work in excess of
fory (0) our inanyonewee; rovidled, howPever, that this limit
may be exte~nded~ to a maximum o ot-ih 4)husi n
one week, for a total of not to exceed twrelve (12) wieeks in any
twcelve (12) month period; and provided further, that time and one
third shall be paid for aLll hours per week ovr\~ forty (40).
2. No person employed in clerical or office work or anly other em-
ployee not elsewhereI~r sp-ecifically covered~, shall be perm~nitted to ~or~k



in excess of ~forty (40) hours in anly one weec~k, except thatf invecn-
tory and statistical employees many be permittedl to w\ork`1 a maxnimum~l
of forty-eighlt (48) hours in anyn onle weekly for a total of not to
exceedl three (3) weeks in any six (6) month period.
3. Wantchmenl shlall be emnployed~c in pairs and shall not be pe~r-
mitted to workr more than-1th~ir~ty-ssi (36) and fort~y-eigh~t (48) hoc.urs
on alternate weeks or an average of forty-twco (42) hocur~s per weeki.
4. The foregoing stipulantions shall not apply to emnployees in
managerial, supervisory, or execu~tiv-e capacitiets, tech~nic~ians on re-
sear~ch and engineeringr staffs, who receive thirty~-fiv-e ($35.00) dol-
1lars or more per weekl, nor shall they apply to outside salesmen.
5. Thle foregoing stipulntionls sh-all not apply to outside inshtllcrs
and outside service menl who shall be permitted to work forty-eight
(48) hours per week at the regular hourly rante of pay aInd-l where
emnergrencies require overtime, thley shall be compIensa~tedl at the rate
o~f time and one third for all hours in excess of fort~y-eight (48).
6. No emlployee shall be permlitted to work for a total number of
hIours in excess of the runumer of hours prescr1ibedl herein, whether
he be employed by one or more employers in this or alny other

1. No factory worker, except lear~ners, sh1all be paid at a rate less
than forty cents (404F) per hour. No learner shall be paid at a
rate less than eighty percent (80%) of the minimum established
herein, anrd the total nulmbetr of persons so emlployed byT a me~tmber
of t~he industry shall not in any case exceedl one in number or five
percent (5 L;) of the total number of such metmber's factory;) workerrs,
whichever is the higher. The period of learning shall be limited to
six months~h, whether served under olne or moree employers.
2. N other employees, except office boys and office girls, shall
be paid less than fourteen dollars ($1_4.00) per week~b. Offie~ boys
and office girls shall be paid not less than eighty percent. (80%)
of the? minimumn establishedl and the total number of such persons
emnployred at less than fourteen dollars ($14.00) per weekc by any
member of the industry inl any calendar month shall not exceed two
(2) in number or five percent (5%~) of the total number of such
member's other employees as dlefined hierein, whicherer is the higher.
3. This article establishes a minimlum rate of pay whichl shall
ap'ly', irrespective of w~het~her an employee, is actually compensated
on a time rate, pireceork performance, or other basis.
4. Female emnployees perfolrming substantially the sam~e w-ork as
male employees shall receive t~he same rate of pay as male employees.
5. It is th~e policy of members of this industry to refrain fro~m
reducing compensation for emiployment which compensation wpas,
prior to June 16, 1933:, in excess of the minimum wage herein set
forth; and all members of this indluctry shall endenvor to increase
the pay of all employees in excess of thle miinimnum wagec, as herein
set forth, by an equnitab~le adjustment of all pay schedules, unless the
same has been accomnplirshed since June: 16, 1933. All action taken
under this section shall be reportedly to the Cotle Aulthor~ity within
thirty (30) days after the effectiv-e date of this Ciode.


6. Atl person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at not
less than 80%/ of the minimum wage established by this Code if the
employer obtains from. the State authority designated by the United
States Department of Labor a certificate authorizing his employ-
ment. The total number of persons so einployed by any employer
shall not in anly case exceed one in number or 5%0 of the total number
of his employees, whichever is higher. Each emnploy~er shall file
with. the Code Authority a list of all such persons employed b~y him.

1. No person under sixteen (16) years of age shall be employed
in the industry. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or dangerous to health. The Code Authority shall submit to
the Administrator within sixty (60) days a list oaf such operations
or occupations. In any State an employer shall be deemed to have
complied wccith this provision as to age~ if he shall have on file a cer-
tificate or permit duly signed by the Authority in. such State em-
powered to issue employmr~ent or age certificates or permits showingr
that the employee is of the required age.
2. In compliance with Sectlonl 7 (a) of the Act it is provided:
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a conditions of employment to jomn any~ company umion
or to refrain from~ joining, orgamizmg, or assisting a labor organiza-
tion of his ow~n choosing, and
(c) Tlhat employers shall comply with thes maximnum hours of
labor, minimum rates of pay, and other -conditions of employment
approved or prescribed by the President.
3. No employer shall reclassify employees or duties of occupa-
tions performed or engage in any other subterfuge for the purpose
of defeating the purposes or provisions of the Act or of this Code.
4. Every employer shall makae reasonable provision for the safety
and health of his employees at the place anrd during the hours ofB
their employment.
5. No provision in this Code shall supersede any State or FEiederal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitaryc or general working conditions, than are imposed by this
6. If any employer in this industry is also an employer in another
industry, thle provisions of this Code shall apply to and affect only
that part of his business which is includled in the Pipe Organ
7. All systems of contract between employer an mlyefor
the manufacture of any product or part thereof,ororortob


done at a specific price, and/or by whlich emplloyees engage other
employees to work for th~emx, are prochibitedl by this Codelr.
8. All employers shall post and keep po'tedl copies of this Code
in conspicuous places accessible to employees.


31. A Code Authority is hereby established to cooperate with the
Administrator in. the administration of this Code and shall consist
of five persons to be selected~ by the National Association of Organ
Builders by a fair methlod of selection appr!ov-ed by the Adm~in-
istrator. The Administrator in his discretion may appoint not more
than three additional members without vote and without compen-
sation, to serve for suzch period of tim~e anzd to represent, thle Admlin-
istrator or such group or groups as he may designate.
2. Vacancies in the personnel of the Code Au~thority selected by
the industry shall be filled through appointment by the Admin-
istrator uponI nomrination. of th~e Clode Authorit~y.
3. Eachl trade or industrial association directly or indlirectly pr
ticipatinga in the selection or activities of the Code3 Authorityshl
(1) implose no inequitable restrictions on membership, and (2) sub-
mit to the Administrantor true copies of its artcles of association, by-
laws, regulations. and any amendments whe made thereto, together
with. such other information as to mIemlbership, organization, and
act~ivcities as the Adm~inistrator ma~y deemz necessary to effectuate the
purposes of the Act.
4. I~n order that the Code Authority shall at all times be truly
representative of thle industry and in other respects comnpl~y with the
provisions of the Act, the .Administrator m~ay prescribe such hearings
as he mlay dleemn proper; anld thereafter if he shall find that the Code
Authority is not, truly representative or does not in other respects
comply withi the provisions of the Act may require an appropriate
modification inl the method of selection of the Code Author~ity.
5. Any member of th~e induzstryT shall be eligible for membership
in the Na~tionlal Association of Orga~n Builders or any other trade
association or or~ganizedl groupr pa~trirticptn g in thre ac~t~ivities of the
Code Author~it~y upon compliance with the provisions of the bylaws
relating to membership. provided that .anyT person applylingr for
membership shall, in addition to the payment of such. dues as are
imposed upon and paid by all other members, accept a reasonable
and equitable share of the cost of code administration. Such mem-
bers of the industry as do not choose to become members of thle
NTational Association of Organ Builders or any~ other trade associa-
tion or organized group may participate in the activities of the Code
Authority and- thp selection of rnmember thereof by assenting to and
complying with the requirements of this Code and oaying to thle
Code Authorityv a reasonable share of the expenses of its adlminis-
tration based on volume of business and/or sulch oter factors as
m~ay be deemed equitable, as determined by the Code Authority,
subject to the disapproval of thoe Administrator.
6. Nothing containedl in thiis Code shall constitute the mnembers of
the Code Authlority partners for any purpose. Nor shanll any member


of the Code Authority be liable in any manner to anyone for any
act of anly other member, officer, agent or employee of the Code
Authority. Nor shall any member of the Code Authorit~y, exercising
reasonable diligence in. the conduct of his duties hereunlder, be liable
to anyone for any action or omission to act under this Code, except
for his own1 willful misfeasanlce or nonfeasance.
7. The Code Authority shall have the following further powers
antd duties to the extent permitted by the Act, the exercise of which
shall be reported to the Administrator, wpho shall have the right to
disapprove of any action taken by the Code APuthority.
(a) To administer the provisions of this Code and provide for thoe
compliance of the industry with the provisions of the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code a~nd
to provide for submission by members of such information and re-
ports as thre Administrator may deem nlecessaryg for the purposes re-
cited in Section 3 (a) of the Act, which information and reports shall
be submnited by members to such administrative and/or government
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 in-
di~vidual reports shall be disclosed to any other member of th~e in-
dustry or any other party except to such governmental agencies as
may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for carrying out of any of its activities provided for herein,
provided that nothing herein s~hall relieve the Code Authority of its
duties or responsibilities under this Code and that such. trade asso-
ciations and agencies shall at all times be subject to and comply wTith
the provisions h~ereof.
(e) To designate the National Association of Organ Builders, or
such other agencies as it may select as the agency for administering,
supervising, and promoting the performance of the provisions of this
(f) To make recommendations to the Admninistrator for the! co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(g) To secure from members of the industry who assenlt to this
Code and participate in the! activities of the Code Authority an
equitable and proportionate payment of the reasonable expenses of
m~aintainingo the Code Authority and its activ~itie-s.
(h) To cooperate with thre AdLministrator in regulating the use of
any N.R.A. insigmia solely by those members of the industry who
hav~e assented to, and are complying with, this Code.
(i) T~o recommend to the Administrator further fair trade prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
ALdministrator measures for industrial planning, including stabiliza-
tion of employment.



Rule 1. Ina~ccu~rate Advertisiny.-- No members of th~e :indulstry shall
publish advertising (whether printed, radio dli-play, or of any other
nature) which is miisleading or inaccuirate in any manterial p~articu-
lar, nor shall any member in any way~ miisre~r~esent any good~ts (in-
cluding but without limuit~ation its use, trandemlark, grade, quality,
quantity,~ origin, size, substance, character, nature, mnsh,, material,
content or preparation) or credit termsl vanlucs, policies, services, or
the nature or formi of the business conducted.
Rule 2. False Billin.g.--No member of thle indlustrly shall know-
ingly withhold from or in~ser~t in any quotation or invoc-ice any state-
ment that makes it insecurnte in any material particular.
Rule ;3. Inaccurlate LabellUing.--No member of the industry shall
brand or mark or pack any goods in any manner which is intended
to or does dleceive or mislead pur~chasers w~ith respect to the brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material, content or pr~ep7rat~ion of suchi goods.
Rule 4. Inac~curiate Rc')eferece to ompety~itors,, etc.-Nr~o members of
the indlustr~y shall publish adv\er~tising which refers innecu~at~ely
in any material particular to any competitors' or their goodrs, prices,
values, credit terms, policies, or services.
Rule 5. Threcats of Lato ,Suit~s.--No member of the industry shall
publish or circulate unjustified or unwarranted thlrents of legal pro-
ceedinrgs which tend to or hlave thle effect of haras~singr competitors
or intimidating their customers. Failure to prosecute in due course
shall be evidence that any such threat is unwarrantedl or unjusitifiedl.
Rule 6. Inltelfere~nce wi~th Another's Confr~actse.-No member of
th~e industry shall attempt to induce the breach of an existing con-
tract between a comlpetitor and his employee or customer or source
of supply; nor shall any such member interfere wFiith or obstruct
the performance of such contractual duties or services.
Rusle 7. Additional T/lrade Prancticecs.--The Code Authority shall
submit to the National Asisociation of Organ B~uilders within thirty
(30) days after the detective date of this Code its recommendations
for additional trade practices, and such trade practices as are ap-
proved by the Association wThen approved byr th~e Cod-e Authlority and
the Administrator shall become a part of this Code and shall have
thle same form and effect as any other pr~ovisions of this Code.


1. This Code and all t.he provisions thereof are eprslymd
subject to the right of the President, in accordance withtepoi
sions of subsection (b) of Section 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or. regulation
issued under said Act.
2. This Code, except as to provisions required by the Act, mayi be
modified or amended on the basis of experience or changes in cir-
cumstances, such modifications or amnendmnents to be basedl upon
application to the Administrator and such notice and hearing as he
shall specify, and to become effective on approval of the Admninis-
trator, unless otherwise provided.


3 1262 08594 6050

No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.

This Code shall become effective on the eleventh (11th) day after
its approval by the ~Administrattor.
Approved Code No. 210.
Registry No. 1644-02.