Code of fair competition for the rock and slag wool manufacturing industry as approved on March 6, 1934

MISSING IMAGE

Material Information

Title:
Code of fair competition for the rock and slag wool manufacturing industry as approved on March 6, 1934
Portion of title:
Rock and slag wool manufacturing industry
Physical Description:
p. 497-511 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Mineral wool -- Law and legislation -- United States   ( lcsh )
Insulating materials industry -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
"Approved Code No. 321."
General Note:
"Registry No. 1630-07."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004921219
oclc - 637051845
System ID:
AA00006498:00001

Full Text




NLATIONJAL RECOVERY ADMINISTRATION



C ODE OF FAIR C OM[PIETITION



ROCKZ AND SLAG WOOL

MANUFACTURING INDUSTRY


U.S. DEPOSTORY


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


Approved Code No. 321


Registry No. 1630--07


AS APPROVED ON MARCH 6I,, 1934


WE Do OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934
























This publication is for sale by the Superintendent of D~ocuments, Governmernt
Printing Office, Washington, D).C., and by district ofilees of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE:

Atlanta, G3a.: 504 Post Office Building.
B~irmingham, A~la.: 257 F'ederal Building.
Boston, M~ass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C3.: Chamber of Commerce Building.
Chicag~o, Ill.: Suite 1706, 201 Norlth WVells Street.
Cle\'elawl, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Comnmerce Building.
Deztroit, Mich.: alr Firs~t ~narlwal Ba~nk Building.
Houston, Tex.: Chamber di Commerce 1Building.
Indianapolis, Inld.: Chlamber of Commerce Building.
Jacksonville, Fla.: Chlmbe~r of Commnerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Lots Angeles~, Calif.: 1163 South Broadwiay.
Louisville, Ky.: 408 Fedetral Building.
Mlempihis, Tenn.: 220 Federal Building.
MZinneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New Ylork, N.Y.: 734 Customnhouse.
Norfolk, Va.: 406 1East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pi~ttlhurchl Pa.: Chamber of Comnmeree Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.-
Seattle, Wiash.: 809 F~deralr Office Building.












Approved Code No. 321.


CODE: OF FAIR COMPETITION
FOR TH[E

ROCK( AIND SLAG WOOL1C M~ANUFAIC TURNING
INDUSTRYIS

Ais Approved on Mlarch 6, 1934


ORDER

~APRrovINo CODE OF FAIR COMPETITION IFOR THIE ROCK AND) SLBa WooL
RrrANUFCTURING: TNDUSTRY
APn application having been dulyr made pursuant to and in full
compliance with the provisions of TIitle I of the National Inldustrial
Recovery Act, approved June 16i, 1933, for approval of a Code of
]Fair Competition for the Rtock: and Slag Wool Manufacturilng I~ndus-
try, and hearings having been duly held thereon and the annexed
report on said C~ode, continuing findings with. respect thlereto, having
been made and directed to the Presid~ent,:
NOW, THEREFORE, on behalf of the P'resident. of the United
States, I, Hugh S. Johnson, Administrantor for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presl-
dent, includlinga Executive Order No. 6543-A, dated Decembr 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed 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; arnd do hereby order that said Code of Fair
Competition be an~d it is hereby app~roved.
HUan S. JoHNson,
Admi~n L is r~atfor f~or Indiuatrial2 Recovery.
Approval recommrenled :
WCI. A1. HI3ARCRIMANi,
JDivision Admlninist~rator.
ABSHINGTON, I).C.,
MaCIrch 6, 1293it.


44403* 425-34----34


(497)













REPORT TO THE: PRESIDENT


The PRESIDENT,
The WTthite Hoiuse.
Smn: This is a, report on the Code o~f Fair Clompetition for the
Rockr andl Slag WVool Manul~forturingil Industry as revised after a
public hearing conlducte~d in Washling~ton, D).C., on. Janruary 30, 193,S~
in. accfordlance with the provisions of the Ntoa I~ndustrial
Rtecovery Act.
PROVISIONS AS TO W'iAGES AND Ilot1 HS

All1, exicetpt office emplloyees, shaill be pa;id a mlinlimumlll ratt of for~ty
cenits per1 hour in the northern ceetion and thirty-five cents per hou~ri
in. the soruthernm section. Office employees shall boe p-aid a minimum
wage of fifteen dollars per week. Office boys and girls shall be paid
not 10.~ than. eighty per~c~ent of this rate owrl ~hall not exceed in
number five petrlcent of an empl~loyer's total number~rl of office emloyees.'t~~
Handlicapp~edl workers may be employred at w-ages betlow the m~ini-
mum111. Fiemazle employees performringr substantially the sanl m or~k
as male emnployees.' shall rece~ive equal pay. Adcjustm~ent of wage rates
above the minimlum will be: made within. sixty dlays after apprvl~lc\ of
this Code.
For~tyv hours shall be the Ilnsin llll xinan a ber of working hours for
any wee~k and. eighlt hours for anyr da'Ly except during any six wteeks
in a six mon.,lths~ period forty-riight hours in one week is permicnible.~
Those en:~lgaged in exeentiv~, Imanagerial or supet~icrvior wo~rk (xc~eplt
fo,'.'ireme engaged(' l inl manual11~ labor) who reglarll~lly receive thirty-
five dollars or more per week and oultsider 4;lesment~ are excetpte d
from this provision. Emlployeesi engaged~r- solely at maninttelnancet
a~nd r~epair wrork, truckmnlc firemlen andi eng(ineerls 1111y work nine
hours a dlay or forty--f~our hours a w~eek except durijnS ng n six wereks
inl a sixv mon~rths- periodl fortly-ight hours in one week is permissible.
Wa'telanonrr shall not be emloyed~?~ in exslcs~ of fifty-sixr hours in any
onle weekr. Office em~ployee .~~ except those rccciv-inlg thirty-five dollars
per~1 week. or more shall not be emnployed~ in exscesc s of nine hours per
dlay or forty hours per week. A~ll cmloy~l,\ees, xccep~t office emphl~,yees
atnd wate'lll'lan shall be paid at the rate of timel andi one-half for time
worked~c in excess of forty hours per week: or eight hours per day.

ECONOMIC EFF~E(" TS OF THE CO(DE

The uses for the products of this Industry may be classified into
two major classes: indulstr~ial installation for hot arl1fulee and dlo-
mlestic insulation. Trheret were nine ccn(cernslt engaged in the mlanufnet-
ture of rock and In~g wool in 192~9, twenty-eight concerns in 193.3.
Thlis incren el~ represen.lts a number of small conce~rns entering the
field.





499


The sales for 1933 were eight percent less than 1929 but fifty-five
percent above 1932. According to the Relsearch and Plainning Divi-
sion's report there were, in. 1929, three hundred and forty-eight w;Page
earners employed by the industry, in 1933 eight hundred and fifty-
five. This melrease was partly due! to the increase in the number of
concerns engaged in the Industry and partly because of the 1P. ]R. A.
Average hours worked per week in 1929 were sixty-one. The
hourly provision of thne Code wrPill reduce the hours worked per wFieek
by about thirty percent. Should volume of business increase, this
industry will be able to absorb wFPorkers from other industries that
are not able to reabsorb their entire force.
Seventy-five percent of the wage earners in. this indusl~itry will
be affected by the minimum wage provisions of this Code. For this
reason, and also the provision that there shall be an equitable ad-
justmenlt of wages above the minimum, the purchasing power of
the wage earners in this industry should be materially increased.
Trade practice provisions of the Code are expected to remedy many
of the Industry evils that have been prevalent in the past.
IN~DINGS

T~he Assistant Deput Adm~inistrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter:
I: finld that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial 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 t~he general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among th~e trade
groups, by induxcing atnd mnaintaining united action of labor and
management, undler adequate; governmientanl sanctions and suxper-
vision, by eliminating unfair competitive practices, by promoting
the fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
maay be templol~raily required~t), by increasing the consumptiono of
industr~ial and agricultural products through increasing purchasing'
power, by reducing and relieving unemployment, by improlving
standards of labor, a7nd by o-therw~ise rehabi~ilitating industry.
(b) Said Industry normally emlploys not more than 50,000 emn-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all re~spectsi w~ith the per-
tinent provisions of said Title of said AcQt, including without limi-
tation S~ubsectlion (a) of Section 3, Subsection (a) of Section 7,
and Subsectionn (b) of Sectio~n 10 ther~ref; and that the applicant
association is an indlustr~ial association truly representativre of the
afor~esaidl Industry; and that said association imposes no inlequlitable
restrictions on. admission to mecmbershipp ther~ein.
(d) The Code is nojt d~esignedl to and -will not permit monopolies
or monopolistic practices.
(e) The Code is not designed toc and ill not eliminate or oppress
small enterprises and will not operate to discriminate against then.






500

(f) Those~c engagedl in other steps of the ec~ono.mic process have
not been deprived of the right to be heard prior to approval of aidt
Code.
For these reasons, therefore, I[ have approved'~ this Code.
RI1pcc. tfully$,
Hoon S. JoHNaoN,
Adm-7is u'stfrator.
MniAcui 6, 1934.












CODE OF FAIR COMPETITION FORl~ TH~-E ROCK ACIND SLAGC
WOOL MANUFACTURING INDUSTRY

ARTICLE I-FURPOSIES

To effectuate the policies of Title I of the National Industrial
Recovery Aclct, the following provisions are established as a Code
of ]Fair Competition, for the R3ock and Slag W~ool Mannufacturingr
Industry, and shall be the standard of fair competition for such
Industry and shall be binding upon every member thereof.
ARTICLE II- ~EFINITIONS

SECTION 1_. The terml Rock and Slag Wool Industry as usied
herein includes the manufacturing, the manufacturing and selling
by a manufacturer, and the sellinga as or by a manufacturer of the
products listed in. Section 2 of this ACrtile, and such branches or
subdivisions of said Industry as may from time to time be included~c
under the provisions of this Code.
SECT[ION 2. The term Products ", means Rock and Slag W~ool
Blankiets, Rock and Slag Wool Pipe Co~vering, Rock: and Slag W~ool
Blockrs, Rock and Slags Wool Loose, Rock anld Slag Wool Granulated,
Rock. and Slag Wool H~ome Insulation--Loose, Modulated, Bats, or
Rolls--Rock and Slag Wool Cclmecnts. Other Rock and Slag Wool
Products.
SEC.TION 3. Thne term "( emlol~l-yee as used herein includes anyone
engaged in the Industry in any capac~ity rece~iving compensation for
his sera\ce-s, irrespective of the nature or method of payment of
such~ compensation.
SECTION 4. The term "L employer as used herein includes anyone
by whom any surch employee is compensated or employed.
SCECrIoxI 5. The term Metmb~er of the Industry as used hereinl
includes anyone engagedl in thle Industry as above deifinedc, either
as an employer or on his own behalf.
SCECTION 6. The termIi tradle as used her!ein shanll mea7n all chan-
nels of distributionr of thie products, except Iltmembers of thne indcustr~y.
SECTIION 7. The term Mlember of the Code as us~edl hereinl in-
eludles any mnember of the Industry who shall expressly assent to
this Code in accorda~nce with Section 2, par~ag~aph. (c), Ar1ticle VI.
SECTIO;N 8. T'I 10 (PCS '" President ", "A~ct ", and "Adm~tlninistrantor '"
as used~ herein shall mlean resp~ectivelyr the Pres~idenclt of thie U~nit~ed
Stattes, Title I of thet Nat~iolnal .Industrial RecoveryS Ac~t, and the
Admninistratocr for TIndusitrial Recovery
SEC'TION 9. ']rle fterml ((A..401ilcctO1 RS ulsed herein means the
National Assc? corpora"tedl association.
SEC.TION' 10. The term "L Souither~n Scction as u1Sed hlerein man
thle States of North Carolina, Teninessee, A~rkiarnss, Oklahoma, Texas,
(501)






502


Louisiana, M ipi, labama, Gogn Souxth Carolina and
Florida.
SEC-ctro 11. The te~rml Northern Section as us~ed~ herein means
all states of thl~e Unitedl States not .includedr~c in the termll "L Southern
Section."
A~ I:rf h'LE IIIL-H-JounS

SE(.TIIN 1. N~o emlployree, excludting~ amlcountling, c'leria';l, and office
employees, shall be emplol-,yed in, excess of forty 4)husi n
wmeek, or eight (8) hours in any tw~enty-four (24 4) hours peiod oexp
that during any six (6) weeks in any sixY (6) mocnth~s' per~iod, emlploy-
ees ma~y be e~mployedl not more than forty-eigh~t (48) hours per week.
providilngf one and on-e half (1%/) times thle normal rate of pay shall
bepaid for hours w~orked~c in exCessi~ of tighIt (8) hours p~er day and
for~ty (40) ho~r~s per w~eek; nor shall they be p~ermittcl d to wocrk moreo
than six (6) d'cays in1 any seven. (7) day period. The for~egoing
limitations shall not alpply to:
(a) Those emp>loyed in exeentive~, manage~lrlial, or supervl'\isory'3 work1'
who regularly r~cei-ve thirty-five ($f~35.00) dollars or more per w~eek.
FoEmen'llltl engaglled in manual labor shall not be c~on-idered` to be in
sulch. supervlisory\ capacityr;

(c) Em~ployees enrlgaged solely at maintenance and1~ repa)~ir wor1k,
tr~uchme~n, firemen and engineers, wfho may be permitted to work not
mlore than nine (9) hours in any one day, or forty-four (44) liours
in any one week., These emllployee may~.13 also be p.ermlitted to work
forlty-eight (48) hours per week cluring (any six (6) weeks in any
ix () mnthsperod.One and one-half times the normal rate oft
pagy shall be paidi for houII' rs ork~ed in excess of sight (8) hours perL
dlay andi forty (40) hours perl week.
(d) Emnploy'ees on cemerr~genlcy manintenancellrt or emlc~ergency repa~ir
wor~k invcolvingC breakdowns or the proc-tec~tionl of life or property,
but in such special case at least one and one-half (1%/) times the?
normal rate shall be paid for hours in. excess of forty (40) hours per
w-eek aind eight (8) hours per any.ST
(e) Wa':tlchmenr l who may be employed not more1'I thanl fifty-six
(5,6) hours in any onet (1) wfeek, exicep't watchmeln~~ in closed plants
to wIhomn this limitation shall not a lpply.
SrCI rox.(I 2. No accounting, celeric-;l or clicer emplloy'ee shall be
emloyed~3'' in excess of an averageli' of forty (40) holr~s a wpeek or nine
(9) hours p'er day. Eight hours shall constitute a normal workl~ling
dlay.
SECTION 3. No, employer shall knowing:llypermit anyp emlployee to
work for any timle which, when totaled wit that already performed
with ano)tltheremprlZoyer' or employers exceeds the max;Iinannll permllittedl
herei n.
ARTICLE IV---WAGES

Seenox~j 1. (a) No employee!c shall be paid at less than the rate of
for1ty' (40) cents per hour in thre Northrern se~ction. or thirty-five (35)
cent~ per hour in the Southern section, except that:
(b) ~Accounting, c~ler~ical, serv\icec, sales and office employees mlay be
paid at not less thanl fifteen (15) dollars per weitek.







(c) Office boys andi office girls mnay be paid at not less than e~ighty
(80) percent of the above pr~ovided mlinimumll wngne for nceroulnting,v
clerical and office employee s, pr~ovidled that thle totall number of suchi
ofi~ee boys andc girls r~eceiving less than suchn minimum wagne shall
not exceedl, in any c~alendour mlonthl more than five (5) pe~rcent ofl the
total offlee emplloyees of the (emplloyer, exce~t that any empnlloye m~aay
employ at least two (2) such p~erso~ns as above pInroiedl.
SECTIION 2. ThliS Article esta~lishles a minimumllll ratle of pay, regar~d-
less of whether an emlployee is comlpensatedl on a t-ime rate. piece-
work, or other basis.
SECTION 3. Felilale emnployees petrformling substantially the samlle
work as mlale? employees shall receive the same ra;tes of pay as male
em lolyees.
OECTION~ 4. Equ~itab~le adjus.itmlent of compensation of empllloyee~s
receiving mnore than the mlininum ral tes of pay here~cin prsc~r~ib edl
shall be madc~e by all employers wrho have not here~tofore~ made such
adju~s~tme nts and all emp~loyers shall wcsithin sixty (60O) dlays after
approval of this Colde, recpor~t in. full to the Codet Authority concern-
ing suchl adjustments whetherI madel prior to or subsequent to such
2ppro'CVal, providedi, howlnever, that in no event shall hor~lyrI rates of
p'ay be reduced.
SECTIO:N 5. A person whose earning c~uapnity is limitedl because of
age or phys~ied: hlndic~ap Inury be employed~t on light worilk at a wange
below- the mnli mumI 1l1 est abolished~ by this Code if the employer obta i ns~
from thne State authority designated7 by the Unifete States D~epart-
mnent of Labor a certificates aulthlorizingL his employment at such
wages~i and for such hours as shall be stated in the certificates.. Ea!ch
etmploryer shall maintain on file wFith thre Code Authority a list of all
uchl p~ersons empllloyed by hniml.
SEcTIO; N 6. WaSe~ shall be exempt fromt any paymelcnts for pen-'"
nions, insul~lrane, or sick benefits other thanl those vo~luntar~ily paid byg
thle wage~ ear.nerl or required byr law. Wages shall be paid at least
at the end of every two-week p:er~iod. anrd salaries at least at the
cend of every month.
TEcTION '7. The emplloyer or his agent shall accept no rebaotes
dirtc~tly or ind~ir~c~tly on a~ch~ wagsci nonr grive~ an~thing of value or
extendc favor~s to anyl person for the pu~rpos~e of influlencing rautes of
w~ages or the wcl~~rking condition ns of his emp~loyees.
,AnTIICLE~ V-GCENERA; L LABOR IPaov\IsIoNS
SI~cnow 1. No person undecr isitee~n (16) years' of age shall b~e
emlploy'ed in thle ind~ustry. No p:erso~n under eighiteen (18) years
of age shall be emp~~lloyed at operations or oc~cupntions whilch are
hlaznlrdous in nature or dangerous to hea~lth~. The Code Authority
shall submiit to the Admiiiniste~ntor within ninety (90) days, a list
of such operations o ocKcuipatio ns. In any~ State an employer shall
be deemed~ to hlave complliedl withr this p~r~ovsion as to agei if he shall
have on file a certificate or p~ermnit duly signed by thie nuthiority in
any State emploweredl to isuea emloymeJIln nt or age cer-tifientes or
permits sh~lowing that thle emp~loye is of the required agqe.
SEenoI(v 2. In comptliance writh Section 7 (a) of th~e Act it is
p'rovidecd thant--
444~03"---42.-341---::4 -2





5i04


(a) `Emloyeesr~ shall have the right to orlganize andi barlgain
collc~ct i \ely through representatives of their own choosing, and shall
be free frninll theC interfelreinc. e restraint, or ccevereion of employers
of lab~or, otr thiei~ Ir agent, in the <10~ nation of such-T repres~entative~s
or in self-wean~ Iization or in other concerted netivities for the pur-
pose of collective haven~~ining9 or other mutual aid or p~rotec~tionl.
(b) No employee aInl no one! seek~ing employment shall b~e re-
qjuiredl as a condition of empplo~yment to join any company'~ union or
refrain from 30inung! orga;nizing, or uI fingi~ a. labor organization
of hris ownH choosinglo.
(c) Emlployer~s shall comply with the maxinuunl hoursI' of labor,
mninimlum rates of pay, and other condlcitions of employm'"e' ntpprloved
or prescr~ibed by thle Pret.-idenlt.
SECTION 3. No) employer shall rec(.la--.ify em~ployees or duties of
occupoations performed or e~nag;7e inl any other silbterfuge for the;
purpose of defea;ting~ the pur'poses or prov"-isionsl of thle Act or of
this Code.
SECTION 4. Every'\ elulli.'l".' Shafll maklc Iten un~l ab~lt pr~lovjicions for
the safety and health1 of h~is 1-nplloyees at the place and during the
hours of their employment.
SCE(t now No pro'Cvisions inl this Code -hal ~l persede anly State
or Federal lawi which imposes more stringent Itrequiltnrements on
employers' as to aget of employees, wagesr. La111 of work,.1, or' as to
safety, sanitary or generally workringr conditions! or incll-ul'rae or fire
protection, than are imposedt.~ by this Code.
SCECTIONI. (j. Eachi empiloyer.'' shall post compiilete~~ copies of the Ilabor
prov;\i-innl- of this C'ode in colnspic enorus places ne acessible to e~mployee es
ARTICLE VI[-A~IHNISTRATIONS
To furlther'l effectuate the po~li~cie of the Act, a Codte Authorit
is hereby ci' onstitutedl to coopera~te withl the Admninistrator inth
administration of this Code.
SECTION. 1. Organizatlion /,1l C'onstituti'on of C~ode Authol~rity,--
(a) TChe C~ode Aluthority shall consist of three! (3) indlividunk;11, or
.-us( h greater numbercl as may be approved fromt timne to timne by the
Administr~ator, to be sel~clect as here~ina~ft~er set forth. Thle Aldmin-
istr.ator, in his d'iis~etion, may app~oinlt no more than three (3)
additional members without vote to repre-en~lt thec Adlministrator
andi without expense to the Industry.
(b) All voting members of the Code Authority shall be :-elcI.ted
fromll members of the Code and shall be elec~tedl by a vc-te of two
thirds (2/3) of all the membel\rl'- of the Code.
(c) Each trade or industrial :nc-intio-n, diltrectly3 or indirectly
p'artic-ip;t ingb inl the selection or activities of the Code Aiuthlorit~y,
shall (1) impol-e no inequitable restric~tion- on membership, and (2)
submit t~o thne Adm Ili nIist rator true copies of its articles of n~c~ciat io:n,
by-laws, regulation-ll, and any nme~t ndmellnts wheln made th~ereto, to-
gether with chl'l other informll action as to membership, o'~rganlizationl,
and activities as the Administratoo r mayT deemn necestsary to cffec~tu-
ate the purposes of the Aict.
(d) In order that the Code Aurthority shall at all times be trully
recpre~s(ln~tatie of the Indnl~-try3 and in other resprcts com~ply with





505


thle povisions of thle Act, the Admllinistrat7for may; prvcl\idft~e skall ~chii
houlilring as hie many deem proper''; aInd thrcia;fterif esalfn
that thbe Cod'e Aultherity~ is not trulyv represen'tat;~lf!ive or does not in
otherl respects comp~lly wi'thj the prov)\ision.-4 of the Act. mnay require
anl app~ropr'iate nIl~citien~tionr l in the mnethodl of .Lcelect'Ion] of te C
Aulthor~ity, pr1ovided that no su~ch mod~tifie~ntioni .,hlal permit any onle
niot a memiber1 of thc InldulstryS to become a votine2 mather1)'1 Of the C'cleu

(e)~~ Th oeAtoIty my adopt its ow-n rules of prcedure~l~t
ndmay dlelegate its authority, orI somlc p~art therccf, to such'I
agencies or conunitt~ee as it may sevtt~ct but all contacts with the
Adm~lli nIist rant or shall be by t~he Codde Aulth~ority.
SECnoS '2. Thle Code Authorlity' shall1 have the follow ing dut~ies
aInd powers to thle etestnt p~ermlittedi by the Act:
(a) To makie Iccrecommennti onsl~ to the Adinrills .ltrato for' thet CoC-
ordlinlt ion,~ of the admllinlist rationl of thisi Code~:l with uchl:1 other codeslt,
if lny, as maly be related to th~e indus~try.
(b) W"ith a v-iew\ to kteeping the: 1President and1~ the 1Iinembr'l' of
lthe Inldu try3 informed. as to the obser~vance or nonbsevane ,f~''.ll''of the
Codel. andl as to whether the IC'inembers~ of the Indu rltry3 are taking
appropr"l"idet stl-ps' to effectuate the declared poclilty of the Act, the
Cod~c Authority~;t \ shall Itrepor~t to the A~dministrator at such times arnd
c:onrernling~t such_ ccndTitions in the indusrltry? as he mnay froml timet to
time require and ea~cht membell.r of the Industry shall file w\ithl the
Cod~e AillUthoi~ty such certifiedc repo~c.rts with. respect to wages~. hour1~s
o~f Inbor-,1, conditions of emlploymnent, number of lemloyees!'t~ an1d other'
matters as may b~e deemled pertinen~t by the! Codec Au)Lthiority or by
the Admiinisitrator, to theprpr narn~'tl "~''itn i (catn of the Code.
(c) Membersl of the Industry .-hall be !entitledt to participate in
alnd shlare the benefits of thle activities of the Code~t Autlhority andl
to par7ltic~ipate in the selection of the members thereof by :signing
alndl deliver1ing to the President of th~e Association a letter ;I.- enlting=
;o andl agre'eing~L to complylll with the requ~tir~em~ents of this codlte aInd
sustauinina' thcir reasonable share of the expe~inzes of its amnl~iisiitia-
tionl. Thle reasonale shalre of thle expenses of nalmini tratioi n shall
be dletermine~d by the Codet A~uthor~ity on the baslis of volume of
bu lineCSs ani /or such o~ther~l fa~ctors as maxy be tfeemedlll equllitable~ to
b~e takien into considleratio~n.
(dl) A~ll co~nfide~ntial informa~tion~l of anyi\ rnature whlichl mya~ be
reqelslted't by thle Codel~ Author)lifty hall becr ccllc~ltedl throcught an
agency? or,1 agencies selecltdc. by the .snic Code Au~thor~ity andt uchl' in-
form;at~ion sh~all bet kep!t colnfidecntial byr the aglEncy,!. ex~Cep~t wthen r~e-
quiired by~ the Codte Authority for the prlop~er admiiini tenit ion of thle
Code, andl with thle further ececptio~n that all such in forma~;tio- n shanll
be fully avanilab~le to the A~dmliniistrator(, at a1fll timS.
(e) Th~e Codle ~Athority shiall designate an agent ori agenlts.. not
memiber~s of thle Indu~stry), to inv\estigate Comlplaints~ of vio!lationlS
o~f the CIodle. The mlembert~ls of thle Codle shall. fac~ilitate such invesc-
t i"a tions byl pr~otl ning ail lpertinrent data, inc.lcluing~ C~llcrre( pondce~~l',
booc-ks, and accouints r~latingr to, allegedly vio~lations for examinatio n b~y
such authorized agent and~ by furlnjlihin relevant information. All
suchi pertinent inlforma1tion1 shall be~ kep~t confidenitial byi the agenlt or






506


agents except th~at, in the~t event of any such violation being sub-
stantintedt thIe Code Authtority shall be inlformled and may present
e-vidence thetreo~cf to the Administrator or to such department, agency,!
or judicial branch of the Gov\er~nmentt as he ~may~ design~ate. If,
upon such investigation, any crompllaint, of a violation of~ the Co-de
shall be su~bstaintiatedc in any material respect, the members of thle
Code guilty of such violation shall pay the cost of the investigation,
otherwise~c the cost shall be borne byr the complainanlt mermber of the
Code.
Thle provisions of this subsection (e) of Section 2 of th is Ar~ticlje
VI shall only apply to those m~em-bers of the Code whlo agrlee ther~eto
in writing which shall be epar'1ate ancd apart froml the letter of assent.
referredcl to and r~ec ired~c of members of the Co~de byr thle poii
of subs:re'tio (c), Section 2 of this Article VI.
(f) The Code Author)lity shall study conditions in the! Indlust. ry
and shall mlake any reclllconunendations fr~oml time to timel for the
Administrator which it dTeems~l desirable to furlthler the policies o~f
the Act, includlinga, but without limitations:
Industry Mer1chandl~~~iisin Plann
Simlplifica~tion andi Stanldarldization
System of Exchange of Credc-it~ Informnation.
Inequalities a ffeel_(i ng the Stabilit~y of the Indus~try~
Th-cct recommlendat i ons after SUch. notice and hlea r~in asr;1 the
Admninistrartor may spec~cify,; shall bcc-omne effective onl approval~'1 by
the A<1mlinri-t ratlor or t~he Pres~ident, with the same forlce andll eltc-ct
as if originally mladle a part hereof.
(g) The Cod~e Authority shall caslle to be formulalltedl ;n amou-,lnt-
ing system" and methods of cost finding und~c/or estimalting~ cnpublle o~f
use by~ all mlemblers~ of the indulstry.' A-fter such~ sys~temn arnI
mnetho(ds havie been formtulatedl, full details conlcerning~ them~l sha~ll be
mlade available to all member~s. TIhereaf~tter all mlemberl shall dleter~-
mine and/or es~t imrate costs in accordance wMith thne pirincr~i ples of such~
methods.
(h) The Code Authority s~hall mak~e studries with. a view to~ thle
establishment of classifications and itlacnldard of quality~ for prodnellcts
of the I~ndustry~ in- cooperation with somne Federal.~n (;(nverrnownt~
agency or agenexes.
(i) Anly mlembler of the indlustryS shall have thle right of omplalint
ton t-he Corde Aulthority~ andJ a prompnt hearings and decision thtr~eon,
underlC1 such rulesC and regan"!'tionsl as it shall p~r~e-cribe, in rcsp~ec~t t~o
any act of any agenl~t. or agelcy designatedt by the Codle Aulthority~
to act in its behalf.
(j) In addition to the information n required to be subm!itted~ to. thle
Code Authority, all or any of the personc~ls subject to thle C'ode, agreec-
mnent, or ]l~lcns shall furnlish such htatibtied~ inlformatnion as the
Adml~ Iinitra:tor may dleem~n nelessary for the proe eie nSe
tion 3 (a) of th~e AI~ct to jluch Federal and tat1Moe s agencies as t he
Administrator may3 decsignate; nor shall any'thingr in anyr codec, ngrete-
mIent, or license relieve any pieron of any exuistingr obligation to fur-
nishn reports to Governelnltnt agenews'i.i
(k)~ Nothingc- Iconltainedl in the Code shllnl be deemled to ~constitute
any of the members the1'reof prtne'lrl'c for any F1purpos. NTo me~mber
of the Code shall be liable in any mannelrl to atnyone for~ any aC't of





507


any member or agent of the Code, Authority perfo~~rmed~ per u.~ nnt to
the pr~oviions of this Code. No member of the Codle and no member~)CI
or agelt of the Code Aut~hority~ shall be liable to anyn3cle or in an~y
mariner other thian as p~rovidedl in the Act, or in the Codel for any
not performed in necor~dance with, or for any\ failure to act pursuant
to the p'ro'isions of the Code.

ARTICI.LE `VII---P.RI erry or PRIC.Ed, TERMS! .\ND, CONDIITIONSB OF SALE
SCECTION, 1. Within. seven (7) days3.~ afterl the e~ff-c~tive! date~ of this
Codte each memllber of the Indul~stryS shall publish his prices, ftllins,
and~ condtitionls of sale on all products to his trade, each class of
trad7te being furn~ishedl with the prices, termsI1, and cond~itionsIl of sale~t
off'ecting: each such class of tradelt in the ter~ritorly to which such.1
prices, termsl~ and condl~itions~ of Sale apply. Coincidentlt with such
pu'blica~tiol.tnc eac mlemberC' 1 of the IndullclStr shall file w~ithl the Code
AQuthor~ity and the Code Authority shall inunedsciatelyy distributed to
all members of the Indcustry a, c~ompllete scheduled~ of such~ prisic- ,
sterns. andc c~ornitions of sale.
SECTION 2. In the event of any changr~re b~y an~y mrembert l of rihe
Industryy in any price, term, or condl~itionl of slle~, he shall file full
aind compl~lete copies of every c~hnng~e with, thle Code Auth1ority. Aill
such~l chlanges shall become eff~c~tive immediately upon. such. filing un-
less andi until the Code Authlor'ity shall deLsignateF periodls within
which any such changes shall be ~-,lme effective subject to the ap-
proval of the Ad~tministrator(II, but in no con e shall any such period
exceedl seven days after the date of the filing of the change C~opies
of all changerrs filed shall be immediately dlistr~ibuted by the Codte
Authority to the mlemblers of the Industry. On the effective date
of any sulChl channgc, the indul~stryv mlenl~mber shll publish the saml1e to
the tlrade Concrll~noed and co~incide-ntall yi file such in~formal~tio~n in the
office desigunated by the Cod-e Authority for immediate tli tribution
by the Codec Authority to the memblller s of the Industry~.
SEcTION 3. In thle evecnt that anyr member of the Indusltry? shall
not receive sufficient notice of the filing by any other membel~r of aIny
change in prices or terms and cocndlitions of sale as will enable~l th~e
memrberl first mentioned to meet the said change on the offecctive date
thereof, slchl member may- file with the Code Authorlity such. chalnglres
in his prices, terms~, anid cond-itio~ns of sale as mray be requiredl to
meet the change filed~ by the other mmclber.. Changes so filedl shall
'becomelc effective on the same date as the effective dallte of thle change
of thle mlember~l firstf filing as afor~e.-;id, or if such change! had already
become effectivet, then the changespi subsequeluntly filed shall become
effective imm~ediately.
SECTIONS 4. No mlembler of the Indullstry3 shall sell, pazy a rebt'~Le,
o~r allowT a dleduction at any tim~e to any person other than a member
of the Induistry,. exrcep~t irn acco~rdance with his prices, termlns and
conditions of sale then in. effect and published in the mannner de-
scribed herein. Each memiber of the TIndustry3 shall have! thle right,
individually, to publish niew prices, terms, a~nd condcit~ions~ of sale,
from timie to timie, as herein prov-ided.






508


ALRTIICLE VIII-PrUBLarIT or TRADE QUALIFICATI~ONS
SECTION 1. Within seven. (7) days after the effective date of this
Code, and until a merchandising plan shall be approved for the
Industry, each member of the Ilndustry shall publish to its trade and
file with the Code Authority all qualifications which have been esta~b-
lished by him to determine the prices, sterns, or conditions of sale
made applicable by him to the! different classes of his trade, for
products covered by this Code. He shall publish to the trade and
file promptly with the Code Authority any changes made by him in.
such qualifications and any additional qualifications.
SIECTION 2. 1Each member shall file at such times, in such manner
and at such places as may be designated by the Code Authorityr, the
names and locations of his trade who buy at less than his published
dealer prices, grouped accordingf to hnis own stated qualifications then
in effect. The names and locations so filed shall be available to thes
trade and to the members of the Industry, provided that the name
of the manufacturer submitting any such names and locations shall
not be disclosed without~ his consent, except to the extent as may be?
approved by the Administrator.
ARTICLE IX-T'RADE PRACTICES
T~he following practices constitute unfair methods of competition
for members of the Industry and are prohibited:
1. False M~ark~ing or Brandtling.--The false marking or brandn
of any product of the industry which has the tendency to mislead
or deceive customers or prcpective customers, whether as to grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the industry, or otherwise.
2. Misreprrese~ntation or False or Misleading Ada~ertlisingf.~ ---Th
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-
tilon of any product of the industry, or otherwise, having thne tendency
or capacity to mislead or deceive customers or prospective customlers.
3. -Oowniielrcialr Bribery.--No member of the indusltry3 shall give,
permit to be given, or directly offer to give anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or reprl.ellenttive of another in. relation to the business of the
employer of such employee, the principal of such agent, or the repre-
sented party, without th~e knowledge of such employer, principal, or
party. Commercial bribery provisions shall not be construed to pro-
hibit free andi general distribution. of articles commonly used
for advertising except; so far as such articles ar~e nratua~lly used for
commercial bribery as hnereinabove defined.
4. Interference wi'th Co~ntractua! Rel~atio~ns.-Maliciou~~~sly inducing
or attempting to induce the breach of an existing contract betwreen
a competitor and his customer or source of supply, involving the
purchase of specific quantities of the product and/or their component
parts or materials, or interfering with or obstructing the perform-
ance of! anly such contract.






509


5. Secret' RFbatesC'.-The bse'jCre p~ayment.ll or allowaRnce of rebates,
retfulnds, conunissionscn~~ c1redit, or ulneinlledl discou~~nts, w-hether in, the
formI1 of money or otherwise, or1 thC stecrlet etnSflbio n to certain pu~r-
ichasers of special services or privileges~ nolct ext~t~tende to all purchasers~l' c
o~n .like termsl1 and1 conditions.
6~. G~izingl of Prij us, PIremilums,i or Gitfs.-The offerings or giving
of prlizes, p].~reiumsl~ or gifts in connlection with thle sale of plodulct -,
or as an indu~cemnte there~to, by any1! scheme which inv~olves lottery,?
mlisle"cpresentation or fraud.
7. Dl'fal~intionl(.--The dlcfamaltio~n of comllpetitors by false~ly iml-
pultingr to theml~ d-ishonnorable condutl inablit~;~ y to perform conltr~acts,
qu~estionable cIedlit standling, or by o~ther' false repre.telntationr s or by
thle false dispal~ eragemet of the gradte or quanlitry of their gob
83. ThIIreat of Litigatio~n.-The publ~lishingl or cir'cul;larizatiol of
threats or suits for inlfr~ilg~ngemnt of potntclt or trade marks or of anly
other legal proceedlings not in good~ faith-, with the t('ndencyl'\ or' effect
of hIares1i ng ( compei .r tors~ ol nr;r n timiatngf;~ t he~ir customers.
9. HEplow/l, e( of Conspe13titors.- Secur' llin~ Cconfidentiall informanttion
onter~n ing the busiines~ of a comiipetitor~ by false or mislead~ingc st-ate-
ment or replrese~ntation,, by a false imlpersonaltion1 of one in athorjlity,
byT br~iberyS, or by any other unfair method.
10, To sell for explort unl1E'Ss the buyer has agttreed not to re e~tll thle
prodlucts withlin the UCnitedl States.
11. Fic~ftitious Invoi~cing.~- Too invoice fictit-iouslyT, ship in excs(s
of q~uantities invoc.icedr-, make fic~tit~ious allowurances or guaranltees..
1'2. Closigtonent~ill Stok~S, etc.-To wa-rehtouse with a Iltcusltomer a,
consignled st~c~k, or fail tro prescribe definite telrms~ or make gula rant~ees
against price decline.
13. Other Unfa~ir Pl~ra~ctiC .--Nothing in this Codei shall limlit the
effect of anyT adljudliention b~y the Cour~ts or holding by the Federl1
Trade Conunlisissin on compin twilt finding, andl order~l, th~t anly prac-
tice or mlethod~t is unfair, providing~ tha:t such'~ adjudir~cationn or holding
is not. inrconsistent withi thre Act or any sp~ecific p,,\slroid of this
Cod7e.
Annl. XSiELIN.G BErOWS COrST

SECTION i. It diall1 co~nritute R VIOlntorl Of tills C~,l ode TOTRy
miemb~er of the Ind-uitrya to initiate a p~ric~e or to sell any products' at
a nlet price whlich shall be below the said mleml~ber's dlilCrct; cost."
Suchi ""diretct cost )" shall iic~ludet the sumi of thle following~ items
ch~argea~ble to thle operation of such member's~c1~ bulsiness~ inl conformity
moth :
(a) 1)irect rsaw malter'ial cost (inlc-lusivet of tr~ansp;lor~tation and
shrinkagre), plurs
(b) D~irect labor cost, pluis
(c) Mnu~nfacturingn ~ bulrdenI (inclusive of p~ow~er andr steam.i factory
overhead, mnaintenance expenses on utilized bflcory eqluipmentt tech-
nical control, utilized factory warehouse, and factory shippinge
chargess, plus
(<1) Fre~iglht allownnice. cash discount, dlirect selling exp~ense, de-
preciatio~n andl depletion allowance in accordance with Federal in-
come tax regulations? pr~ovided that taxes, insurance, reserves of any






510


character, interest on investments, administration expenses, like-
wise interest charges on funded or other debt, and prior operating
losses shall not be included in "' manufacturing burden and for the
purpose of this section direct selling expenses shall include only
salesmen's compensation plus salesmen's traveling expense; anld pro-
vided further that any member of the industry may sell below his
own direct cost under the following circumstances:
(e) T'o meet competition on prices established on industry products
of competing grade and quality filed by another member of the
Industry pursuant to Article VII hereof, and not directly or in-
directly mnstigated by~ thre party desiring to meet such competition,

(f) To meet competition in violation of this rule concerning which
he has made complaint to the Code Authority, or any authorized
agency thereof, but only pending action thereon.
ARTICLE XYI[-GENIERAL

'SECTION 1. No provision of this Code shall be so applied as to per-
mit monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
SIECTION 2. Corporations shall be considered to be affiliated to any
corporate member of the Industry (hereinafter described as the
parent corporation ") which owns a majority of the outstanding
voting capital stock of the other. Any such parent corporation shall
be responsible for the observance by any affiliated corporation. of all
the provisions of Articles III, IV, V, VII, VIII, IXI, X, and XI
of this Code with respect to the production and/or sale of the pro~d-
ucts covered by this Code, provided that in the event of the provisions
of Article VII and VrIII being observed by any such affiliated cor-
poration of such parent corporation, thenr the parent corporation need
not comply with the Publicity requirements of Article VII with re-
spect to prie~s, terms, and conditions of sale made to suchr affiliated
corporation.
SECTION 3. Nothing contained in this Code shall be construed as
prohibiting any member of the Industry from exercising all its
ancd/or their lawful patent rights, or as requiring any member of the
Industry to do any act in conflict with the terms of any valid patent
licensing agreement.
SECTION 4. Articles VII[, VIII, and X shall not apply to products
exported from the United States.
SECTION 5. Where the cost of exe~cuting contracts entered into in.
the Rock and Slag Wool Industries prior to the effective date of this
Code are increased by the application of the provisions of the Code to
the Industry, it is equitable and promotive of the purposes of the
National Industrial Recovery Act that appropriate adjustments of
such contracts be arrived at to reflect such increased costs by arbitral
proceedings or otherwise. TIlhe Code ALuthority is constituted an
age~ncly to assist in effecting such arbitral proceedings and
adjustments.
SECTION S. Any notice, demand, or request required or permitted
to be given to or to be nui~1de upon any member of the Industry shall
be sufficiently given, if sent by registered mail, postage prepaid,





511~


addr~essedl to such memllber of the Inldustry3 at his aIrddress on file with
the Code Authority.
SECTON 7. If thre Administrator ('shall dete~rminre that anly action of
a Codle Atut~hority or agency thereof Ilun y be unfair or unjust or conr-
trary3 to th~e public interest, the Admlinistratot( r may req~cuiret thnat such
action bet .uspenldedt to afford an oppor~ltunity) for such'l invesltigation
of the mler~its of such~ action and further conlsider~lation by such code
aulthor~ity or agencyT spending final ac~tion, which shall not be effectives
ulnless; the Admrrinistrator~l approves or unless he shall fail to tli-up-r
prove after thlirty! ay1s' notice to ]him of intention to proceed'' w-ith
suich atctionl in its originn1l or modified form.
ARTICLE XIII--3~~rrFoIr.\Icano

SIECTION i. ThiS Codec and all the provisions the~reocf ar~e exn-sl sly~l
madecll subject to the right of the Precsidetnt, in neeor-,ldancle with the
provisions of ~ubsec~tionl ('b) of Section 10 of the Aict, from time to
timle to exacel or modify any order, approval, license, rule, or regula-
tion is ued~ ulnderl Title I of said Act.
SEC'TION 2. The provisions of the Code shall remain in effect unless
andl until so mod~tifircd or eliminated, or until the expiration of the
Act; namely, June 16, 1935, or sooner, if the President shall, by
pr'oclamatlioniC1, or Congress shall, by joint resolution, declare the enler-
grenev recognized by Section _1, Title I, of the Act ended.
Ann~cL1E XIII---EFFECYTIVE 1AT'E

SECTION 1. This Code shall brecomle effective on the second Mlonday
a~fte~r its approval by the President.
Approved Code No. 3f21.
Registry No. 1630--4#i.










Illil i II Ill II II111111111 Ill1 ill I II1111111 l II IIll