Code of fair competition for the table oil cloth industry as approved on February 2, 1934

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Material Information

Title:
Code of fair competition for the table oil cloth industry as approved on February 2, 1934
Portion of title:
Table oil cloth industry
Physical Description:
p. 125-131 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Oilcloth -- United States   ( lcsh )
Tablecloths -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code no. 255."
General Note:
"Registry No. 1635-03."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004921300
oclc - 637165424
System ID:
AA00006493:00001

Full Text

For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 255


Registry No. 1635--03


NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE

TABLE OIL CLOTH


WE Do OUR PART


r


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1934


INDUSTRY

AS APPROVED ON FEBRUARY 2, 1934
























This publication is for sale by the Superintendent of Documents, Governmnten
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
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Approved Code No. 255


CODE OF FAIR COMLCPIETITION
FOR THE

TABLE OIL CLOTHF INDUSTRY

As Approved on February 2, 1934


ORDER

APRrovrNo CODE OF FAIR COMZPETITION FOR THIE TABLE OIL CLOTH
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
F'air Competition for The Table Oil Cloth Industry, and hearings
having been duly held thereon and the alnnex~ed report on saidl Code,
containing findings with respect thereto, having be~en rnade and
directed to the President:
NOWV THEREFORE, on behalf of the President of the U~nited
States, I, Hugh S. Johnson, Administrator for Industrial Recover~y,
pursuant to authority vested in me by Execut~ive Orders of thle Presi
dent, including Executive Order No. 6i543-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 will promote thte 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.
HUGHE S. JOHNSON,
Adinbzristrator for Indubstrial: Recovery.
Approval recommended:
A. D. TVHITESIDE,
Dili~sion Admzin~istraotor.
WVASur wroN, D.C.,
February 8, 1934.


37i607"---313-189 3;4


(125)












REPORT TO THE PRESIDENT


The PRESIDENT,
The Whi~te House.

INTRODUCTION

This is a report( of the Hearing on the Code of Fair Competition
for the Table Oil Cloth Industry in the United States, conducted in
Washlington, D.C., on Tuesday, December 12, 1933.
In accordtance with the customary procedure, every person who
filed a request for appearance was freely heard in public, and all
statutory~ and regulatory requirements were complied with.
The odewhic isattahedwas presented by the duly qualified
and authorized representatives of the Industry, the Table Oil Cloth
Mlanufactur~ers A~ssociation, complying with the statutory require-
ments as representing 100 percent of the total number of producers
and 100 percent of the volume of the industry.
GENERAL, CHARACTERISTICS OF THIE INDUSTRY

Th~e termn Table Oil Cloth Industry is used to define the manufac-
ture1 o~f light-weight table oil cloth utilized chiefly as table and shelf
cover~ilgr but does not include floor covering.
It wvas brought out at th~e Hearing that the six manufacturers in
this indlustryl represent invested capital of approximately $8,500,000
while their annual sales average $13,000,000 per year. The total pro-
duction capacity for this industry in 1933 was 176,772,700 square
yards of ma~terial while the aggregate annual production for that
year has beenl estimated at 86,760,00l0 square yards.
The number of emnploye~es in this industry in 1932 was 1,190 while
in 1933 employment was raised to 1,378.
It was further brought out that the manufacturers in this industry
have been operating under the Labor Provisions of this Code since
the date of its original submission to the National Recovery Admin-
istrlt~ion on August 30, 1933. It is estima~tedl that the adoption of
suchl pr'ovisions hav\e r~esulted in an average increase of 10 percent in
emlploym'ent throughout the industry.
niscT711

The provisions regarding hours in this Code are fair in every
respect and should impose no hardlship on employees.
The wage rate of thirty-five (354) cents per hour is higher than
that appearing in mnany codes approved to date.
(126)






127


In view of the fact that the Table Oil Cloth M~anufalcturers
Association is composed of the total number of mannufact~urers in the
industry, this Associat~ion acts as the Code Authority for the
Industry.
There are no trade practices.
FINDINGS

The Deputy Administrartor in his final report to me on said Code
hlaving found as herein set fourth and on the basis of all the proceed-
mngs in this matter;
I find that:
(a) Said Code is well designed to promote the policies and
purposes of Title I of the National Industrial Recovery Act,
including removal of obstructions to the free fllow of interstate and
foreign commerce wFhich1 tend to dimiinish the amount thereof and
;ill provided for t~he gepnerl welfare by pronmotingr the organiza-
tion of industry for the purpose of cooperative action among the
trade groups, byv inducing and maintaining united action of labor
and management under a2dequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present. productive capacity of
;nidut~ries, by) avoiding undue restriction of production (except as
mayv be tepmporarily required),~ by increaPsing the consumption of
industrial and agricultural products through increasing puirchasingr
power, by reducing and relieving unemployment, by improvingr
standards of labor, and by otherwise relhabilitating Industry.
(b) Said Inidustry normally employs not more than 50,000 emn-
ployees; and is not classified by me as a manjor industry.
(c) The Clode as approved complies in all respects with the
pertinent provisions of saidt Title of said Act, including wFithout
limitation S~ubsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; andr that the applicant
association is an industrial association truly representative of the
aforesaid Indust~ry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permiit :monopolies
or monopolistic practices.
(e) The Code is not designed to and will not elimlinate or oppr~ess
small enterprises and will not operate t~o 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
Code.
For these reasons, the Codle hias been approved.
Respectfully,
Henc S. JonwSON,
A dm~in istratorT.
FEBRUARY 2, 1931.











CODE OF; FAIR COMPETITION FOR THE TABLE OI~L
CLOTH INDUSTRY

ARTICLE I--PURP'OSES

To effectuatte the policies of Title I. of the Nat~ional Industrial
Recovery Act, the following provisions are established as a Code of
F~air Competitioni for the Table Oil Cloth Industry, and shall be the
standards of Fair Comp~etition for such industry and shall be binding
upon every mlem~err ther~eof.
AIRTIC'LE II--DEFINVITIONS

The term17 Table Oil Cloth Ind~ustry as used herein is defined to
mean the manufacture and original sale of light-weight table oil
cloth utilized chiefly as table and shelf covering, but not floor
covering.
The termn employers shall mean all members of the industry by
whom employ~ees are compensated or employed.
Thle telrm employee as used herein shall include anyone engaged
in t~he inldustry? in anyr capacity receiving compensation for his
serv\ices irrIesp~ective of the nature or method of payment of such
comnpenhat ion.
The terml member of the industry includes anyone enlgagaed in
the industry, either as an employer or on his own behalf.
The terms President ", "Act ", and "LAdministrator as used
herein shall me~an respectively the President of the United States
the National Industrial Rerovery Act, and the Admlinistrator oj
Title I of the said Act.
ARTICLE III--HOURS

1. No emnployee shall be permitted to work in excess of forty (40)
hours per wee~k, except Irepair shop crews, engineers, electricians,
firemen, office, sales staff, w~atchmen, shipping and outside crews,
cleaners; anld except any employee engaged in a managerial, super-
visory, or executive capacity), provided such employee in such mana-
gerial, supelrvisory, or executive capacity receives thirty-five dollars
($35.00) or more per week.
2. The mnaximnum hours of labor for office employees shall be an
everagec of forty (40) hoursY a week over each period of one month,
and shall not. exceed forty-eighit (48) hours in any one week.
3. Shipping and outside crews, cleaners, watchmen, and firemen
shall not be employed more than forty-eight (48) hours in any
one week.
4. The mnaximumn hour-s of labor of repair shop crews, engineers,
and electricians shall be forty-four (44) hours a week, except in case
of emergency work. Any such emergency time in any mill shall
be reported monthly to the Code Authority provided for in Article
VI of the Code.
(128)






129


ARTICLE IVT-TVTAGES

The minimtun wage that shall be paid byr emplloyer~s in t~he Table
Oil Cloth Industry to any of their employees, including office~ em-
ployees, shall be at t~he rate of thirty-five cents (354) per hour,
or fourteen dollars ($14.00) per weekr for fortyv (40) hours of labor.
(a) WFage Rajtes Above th~e Miinim2.um.--The existing amounts by
which wage rates in the higher-paid classes exceed wage rates in
the lower-paid classes shall be maintained.
(b) It is interpreted that the provisions for a mninimumu wage in
this Code establish a. guaranteed minimum rate of pay' per' hour of
employment regardless of whether the employee s c~ompernsationi
is otherwise based on a time-rate performance or upoon, a piecew~ork
performance.
ARrlC:LE V'- CENERAL. Ldtunr Pnov.~cIsoNs

1. No person under six-teen (16) years of age shall be employed in
the Table Oil Cloth Industry, nor anyone under e~ighteenl (18)
years of age at operations or occupations hazar~dous~ in nature or
detrimental to health. In any State an employer shall be dleemed
to have complied with this provision if he shall have on file a
certificate or permit duly issued by the authority in such State
empowered to issue employment or age certifkates or permits,
showing that the employee is of the r~equired age.
2. Employees shall have the right to organlize and Unrgin~ll col-
lect~ively through representatives o~f their own chloosing, and sha~ll
be free from the int.er~fer~ence, restranint, orI c.cer~cin of eml'ploy~r~s
of labor, or their agents, inl the desiglnationl of such r~epre entaltive
or in self-organization o~r in otheir oncertedl activities for the puriipose
of collective bargaining or othier mutual nidl or ~r~otection.
3. No employee andi no one seeking employmnent sha~ll be Irequriredc~
as e. condition of employment to join any comipanly unioin or to re-
framn from joiniing, organizmng, or assistmyl al labor orgumilzntion of
his own choosing.
4. Employelrs shall comp~ly with the mal~xinnon~ hours of labor,
minimum rates of pay, andi other condr~itions of emlploymnent, a\pprove\d
or prescribed by Ihe Pr~esidlent..
.5. Within eachi State this Code sh~all not supt~.ersee any law~s of surch
State imposing more stringenlt requlirements on emiployers regulat-
ing the age of emplloy~ees. wfage, hours~i of w\ork. orl helthfl fire o~r
general wonrking conditions thani under this Code.
6. Emlployers shall not reclassify employees or du~ties of occulpa.
tionsi performed by emlployees so as t.( defeat the purploses of the Act.
7. Each employer shall posit, in consp~ienous places full copies of
this Code.
ARTICLE V~I-A nnIlSIsanwrrow,

1. The Table Oil Clothi Mninufacturlers' Alssocintio n is hereby desig-
natedt as a Code Auithorityv to cooperate with the Adlministrator as
a planning and fair practice agency f~r the Table Oil Cloth Industry.
TheAm inis tratCor m designate not more than three additional
memer ofth Coe uthor~ity, who shall hrave no vote, and shall






130

serve without expense to -the Table Oil Cloth Industry. The Code
Authority may from timne to time present to the Administrator
recommendations based on conditions in the industry as they may
develop which will tend to effectuate thLe operation of the provisions
of this Code and the policy of the National Industrial Recovery Act.
2. WTith a view to keeping the Administrator informed as to the
observance or nonobservance of this Code of Fair Competition and
as to whether orp not the Table Oil Clonth Indusntry is taking appro-
priate steps to effectuate the declared policy of the National Indus-
trial Recovery Act, members of the industry shall furnish duly
certified reports, and in such form as may thereafter be requested
by the Code Authority subject to the review of the Administrator;
and in addition thereto shall furnish to such government agencies
as the Administrator may designate, such reports as he may deem
necessary for the purposes recited in Section 3 (a) of the Act.
3. The Code Authority is constituted the agency to collect and
receive reports, and to compile and organize this information in sat-
isfactory form to be sent to the Administrator. Such reports shall
be considered confidential and shall be distributed only in consoli-
dated formi.
4. The Code Aiuthority is also set up to cooperate with the Ad-
miinistrator in making investigations as to the functioning and
observance of any of the provisions of this Code, at its own instance
or on complaint by any person affected, and to report the same to
the A~dministrator.
5. The Code Authority: is also set up for the purpose of investi-
grating and informing the Administrator on behalf of the Table Oil
Cloth Industry as to the importation of competitive articles into the
U1Lnited States in substantial quantities or increasing ratio to domes-
tic production on such terms or under such conditions as to render
ineffective or seriously to endanger the maintenance of this Clode,
andl as an Agency for making complaint to the President on behalf
of the T~able Oil Cloth Industry, under the provisions of the N~ational
Industrial Recovery Act, with respect thereto.
6. In order that the Code Authority shall at all times be truly
repres~entativ-e of the industry and in other respects comply with the
provisions of the Act, the Admninistrator may prescribe such hear-
ings as he may deemn proper; and thereafter if he shall find that the
Code Auth~ority is not t.ruly representative or does not in other
,respects comply with the provisions of th-e Act, may require an apppro-
priate mnodification in the method of selection of thle Code Authority.
7. Any association pa~rticipat~ing in the activities of the Code Au-
t~hority shall kteep on file w~ithl the Administrator full copies of its
Constitution and By~-Lawrs and shall submit to the Administrator for
approval anly prop~osedl modifications or amendments thereto.
ARTICLE V11--110DIFICATION

This Code and all the provisions thereof are expressly made sub-
ject t~o the right of the President, in accordance with the provisions
of subsection (b) of Section 10 of the National Industrial Recovery
Act, fromt time to time to cancel or modify any order, approval,








license, rule, or regulation, issued under Title I of said ALct, and
specifically to t~he right of the Pr~esident to cancel or mlodify his
approval of this Codee or any conditions imp~osred byr him upon his
approval thereof.
Such of the provisions of this Code as are not required to be in-
cluded therein by the Nat~ional Industrial Recovery Aict mayI, with
the approval of the President, be modified or elinunated as changes
in circumstances or experience may indicate. It. is contemlplatedl that
from time to time supplementary provisions to this Code or addi-
tional codes w~ill be submitted for the appr~oval of the President, to
prevent unfair anld destructive competitive practices and to effectuate
t~he other purposes and policies of Title I of the Nationni Industrial
RecoveryS Act. consistent with the provisions thereof.

ARTICLE 1'III--P.1RTI.1L INV'\ALIDITY

If any~ provision of this Code is declared invalid or unenforceable,
thle remaining provisions thereof shall nevertheless continue in full
force and effect. in the samne manner as if they h~ad- been separately
presented for approval and approved byv the President.
ARTICLES IXi--TONOPOIES

No provisjion of this Codle shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discrim~i-
nate against small enterprises.

ARTICLE X- EFFECTIVE DATE

This Clode shall become effective on t~he second IMonday after its
approval by the President.
Approved Code No. 255.
Registry No. 1635-03.















































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