Code of fair competition for the talc and soapstone industry, as approved on March 21, 1934

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Title:
Code of fair competition for the talc and soapstone industry, as approved on March 21, 1934
Physical Description:
p. 287-302 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Talc industry -- Law and legislation -- United States   ( lcsh )
Soapstone -- Law and legislation -- 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:
"Approved Code No.350 ; Registry No. 1039-10"

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University of Florida
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All applicable rights reserved by the source institution and holding location.
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aleph - 004861607
oclc - 63655107
System ID:
AA00006518:00001

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


Approved Code No. 350


Registry No. 1039--10


NATIONAL RECOVERY ADMINISTRATION



C ODE O F FAIR C OMPE TITI ON



TALC AND SOAPSTONE

INDUSTRY


AS APPROVED ON MARCH 21, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


iYW" U~~YIIC~LI7
2-- I
~~
























Ths publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., an by ditit offices of the Bureau of
Foreign and Domestic Commerce.
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Approved Code No. 350


COD)E OF FAIRR COMPETITION
FOR THE:

TLALC AND) SOAPSTONE INDUSTRY

As Approved on March 21, 1934


ORDER
CODE OF FAIR COMPETITION FOR THE TALC AND SOAPSTONE INDUSTRY
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of thie National Industrial Re-
covery Act, approved June 16, 1933, for approval of a Code of ]Fair
Competition for the Tale and Soapstone Industry, and hearings hav-
ing been duly held thereon and the annexed report on said Code, conl-
taining findings with respect thereto, having bee~n made and directed
to the Presiden t:
NOW, THEREFORE, on behalf of the ]President of the United
States, I, Hugh S. Johnson, Admlinistrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent., including Executive Order N~o. 6543-At?, 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 the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fiair Com-
pet~ition be and it is hereby approved.
ThanGE S. JoHNson,
Administr~ator for lIndu~strial: Recorery.
Approval recommended:
KC. ML. SIMPSON,
Division, Admini'strator.
Washington, D.C.,
1%fARCH 21, 1934.
47705"---425-1 14--34 (287)











REPORT TO TH-3E PRESIDENT


TIhe PRESI DENT,
The W~hite Ho~use.
SmR: The orligrinal code of Fair Competition for t~he Tale and Soalp-
stone I[ndustry was submitted on August f28th, 1933, by the National
Association of Tale and Soapstone Producer~s, an unincorporated
membership society organizld in~ '19.33, representingg in excess of 90%0
of the k~nown members of Industry and 90%J of the volume of pro-
duction. Several recvisions of the Code were mladle prior to the Public
Hearing which was held onr Novemnber 21, 1933. T'he Code was
revised during the recess of this hearing and submitted'in its present
form for approval. Every person who requested an appearance was
properlyl heardl in accrda~snce with statutolf~ry a~nd regulatory require-
men ts.
The sterns Talc and Soupstone are used jointly in the definition of
this Ijndust~ry because Tiale is present in vary~ing amounts i~n all trule
substitutes, and because of their physical characteristics t~hey have
a common soapy feel. Tal-e and Soapstone, st~rictly speaking, are
hyrdrat~ed silicates of magnesiumn in varying pr-oportions. Pyro-
phi~llite is also included within the products of Indust~ry. Because of
its physical characteristics it closely resembles Tale ~in color, luster
and feel and is employed as a substitute for many of it~s products.
Tralc, in commercial quant.it.ies occurs only in a~reats of hlughly crystal-
line schists and other regional metatmorphic rock~s. The commercial
dep~osits are confined chiefly to the Appalachlinn 1\fourntain ares of
the A~tlan tic Staltes fromn New York t~o Geo~rgia and -to> tihe m~ountainous
b~elt of the Pacific Coast, notably in Cazlifornia and Washilngton.
Trhe uses of Tale are determlined la~rgly byT it.s phy-sical properties.
Thlus, its co~lloidal nltu~re! and its hligh retention makl e it valuable as a
paper filler. It is also usedn as a filler ~in paint and other products.
Its sou-py7 feel and absernce~ of grit render it peculir~ly adaptable t.o the
manufaacture of toilet pow~der~s and cosmetics. T'alc is employecd com-
m~ercially ir n many wayn~s, butl beca use of inherent differences in physical
and chemical properties material from all deposits cannot be applied
equallly to all uses.
Ground tale is used exrtensively as a, filler in palint., paper, rubber,
textiles and various other products. It is also employed for foaundry
facings, lubricants, and various' toilet prepare tions, in ceramics and
in glass mlakig, anld also as a pollishing agent.. Large quantities of
L~ow grade talc are used in the mrtanufactlre o-f composition roofing.
Off-color tale is consumed in increasing amounts fo~r rocki-dusting
coal mines.
Certainl gra~des of talc, because of their electriedl resistance, alnd
remarkablee property- of hardening under heat trealtment.. :re used
in the manufacture of electrical fittings, as bushings, blceks, tubes,
disk~s, etc., and are sold under thie trade name of Lava Pr~oducts.
M'assive tale is also used in the manufacture of cra.yons and pencils.
95%b of the total talc output is sold in p~ulvFerized form.
(288)






289


The potent~ialities of t.he Industry are proportionate to the grade of
tale produced anld the rates of pay heretofore have been in the samle
proportion. The rates of pay which hav been paid in the south
have been as low as 7%1 ]per hour in the Georgia section, and 15ie
per hour has been a common rate of pa~y in Virginia.
The Indust~ry in, gele~ral may be looked upon as a, very minor activ-
ityv as evidenced byi the fact that in 1931 there w~ere 163,752 short
tons, valued at $1,852,472 produced in the United States--moree
than half of the value of the tale mined in 1931 wa~s produced in the
State of N~ev York. The financial status of the Industry is in a
most precarious condition. The low wage rates in the South, under
the terms of this Code, have been increased to 250 per hour minimum
for labor above ground, and 30$ per hour minimum for labor under-
ground; and 351 per hour minimum above ground and 401 per hour
minimum underground, in the Nort~h. The mnaximumn of 40O course~
per week as outlined in this Code, and the newe minimum rates per
bour for t~he Industry, as well as the provision for adjustment of
wages above the minimum, should result in a further spreading of
nnot only t~he available wo~rk~ amon the workers, but, also an increased
consumer purchasing power.
ARTICLE I. Purpose.--States the purpose of the Code.
ARTICLE II. Dyfj Ridf 1ts.--Accurat.ely defines specific terms applica-
ble to the Talc and Soapstone Industry as used in this Code.
ARTICLE III. Hours'.--The max~imnum hours are limited to forty
hours per wveek for employees engaged in the mining and processing
of products and labor incident thereto, except that during six weeks in
any six month period of any calendar year in order to meet seasonal
peak demands, employees may be permiitted to work not more than
48 hours per week and not more than eight hours in anyr one day, w\ith
the proviso that time and one half shall be paid t~o any employee so
employed for hours worked in excess of 40 hours per week or 8 hzour
per day. Office, salaried and other employees not covered by the
above whio receive less than $35.00 per week shall not be permitted
to w'ork in excess of 410 hours in any one week, except that they may be
permitted to w;ork 418 hours in any one week in any one month period.
Watchmen shall be permitted to work either 841 hours in a two week
period or 56 hours in a one week period, provided, such employees
shall have at. least one day's rest in every seven. Employees engaged
in an executive, managerial or supervisory capacity who1 receive not
less thann $35.00 per week, and those engaged in emergency repairs or
maintenance, where the safety of life, or health, or the protection of
property demands longer hours, are not subject to hourly limitations.
No employee shall be permitted to work more than six days in any
seven day period.
ARTICLE IVT. The minimum wages for employees engaged in the
mining and the processing of products or any labor incident thereto
shall not be paid less than 4010 per hour underground and 350 per hour
above ground in the northern zone, and 300 per hour underground and
250 per hour above ground in the southern zone. The minimum
rates for female employees shall be 80%o of the respective minimum
above-ground rates for the northern and southern zones. No person
employed in clerical or office work shall be paid less than at the rate
of $15.00 per week, except that office boys and girls and messengers
may be paid 80%0 of the established minimum for office employees.






290


The established minimum rat.e, of pay for worki performed for any pay
period shall apply, irrespective of whether an employee is actually
comlpensated on a, time-rate, piecework or other basis. Provision Is
made for the employment of handicapped persons.. Provision is also
made for the adjustment of waiges above the mlinimuml fixed i~n this
Code if such adjustmlent hats not been made prior to the approval of
This Code.
ARTICLE V. General L~abor Pr~orisions.---Provides that no employer
shall employ any person under 16 years of age, and that no person
under 18 years of age shall be employed except. in clerical, office, sales,
technical and engineering dep~artm~ents. This Article also sets forth
mandatory provisions respec~ting the rights of employees to organize
and bargain collectively. It nlso provides for matters having to do
w~ith rTelallssificail t ion of emlployees, st~anda rds for sa fety and healt,- the
observaunce of state laws and the posting of complete copies of t~hisj
Code so that they are accessible to emlployees.
ARTPICLE VSI. Adm~in~i ;trat(l0ion.EstAblish~es a Code Authority con-
sisting of six members to be selected- by- a fair method of election so abs
to) be truly r~epresenta~t~ive of the Indu~stry, subject to the approval of
the Aldministrator. In addition to the sixr members above named there
may be one or three recpresentaltives without vote, aznd wvithouctt ex-
pense to the Industry, to be appointed b~y the Adlministrat~or for such
terms as he may specify. In addition to the organization of the Code
Au~th~orit~y, the powvers and dlt~ies thereof are outlined in this Alrticle.
ARTICLE `VII^. Marketing and Trad~e Practice R~eles.--Sets fourth
Trade Practices for thze Indust ry.
AiRTICLE VIII.. Erplor~t Trade.-N-lo provision of this Codee relating
to ,,,, term of ellng, shipping or ma1rket~ing shall apply to export trade,
or sales or shipments for export trade or transactions in the foreign
commerce of the United States.
IlRTICLE IX. Ml~odgeiatio n .-This Code and all thet provisions thereof
are expressly made subject to the right of the Presidtent in necordance
with S~ub-sectionl (b) of Se~ction 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or regulation issued
under said Act.
AnRTICL ~X.~ Mnjlop~olieR.--No pr'oviSionI of this Code shall be so
applied as to pelrmitl mlonopolie~s or monopolistic practices or to elimi-
:not~e, oppre'tss, or discriminate against small1 enterprises.
ARqTTICLE XI. Price Inrcreacses.--This Article indientes that the
increase in selling prices, so far as possible, will be limited to actual
increases in, seller's costs.
ARTICLE XII. Te~rmina&tio.-This Code and all supplementary
provisions thereto shall expire on June 16, 1935, or at the earliest
date prior thereto on w~hichn it shall be declared that the emecrgncyr
recognized~ by TIitle I of the Act has ended.
ARTICLE XIII.. Efecticel datc:.-T-llhis Code shall become effective
beginning t~en days after its approval by the Admlinistrator.
TJChe Depuzty Aldministra~ttor in his final report t~o me on said Code
having found as her~ein set forth and on th1e basis of all3 the iproceedingas
in. thi matter;
I findc thiat:
(3) Said Code is w~ell designed to promote the policies and purposes
of Title I of the Naational Industrial Recovery Act, including removal
of obstructions to the fr~ee flow of interstate and foreign commerce






291


which tend to diminish the amount thereof and will provide for the
general welfare by promoting the orga~nization of Indurstry for the
purpose of cooperative action amionc the trade gr~oups, byT iniducing
and mamntaining uniiitedl action of labor a7nd manna emenl n rt. under
adequate governmental sanictionis and supervision, by chimmating
unfair competitive practices, by promoting the fullest possible utilizu-
tion of the present. productive capacity of industries, by avoiding
undue restriction of production (except, as may be temporarily re-
quired), by increasing the consumption of indlustrial and agricultural
products through increasing purchasing power, byT reducing anld
relieving unemployment., by imiprovingr standards of labor, and by
otherwise rehabilitating industry.
(b) Said Indust~ry normally emnploys not more than 50,000 emp-
ployees;; and is not classified by m~re as a major Inidustry.
(c) The Code as approved complies in. all respects with the perti-
nent provisions of said Title of said Act, includingr without limzitat~ion
Sub-section (a) of Section 3, Sub-section (al) of nSection 7, and Sub-
section (b) of Section 10 thereof, and that the applicant association
is an industrial association truly representative of the aforesaid
Industry, anrd that said association imposes no inequitable restric.-
tions -on admission to meinbersh)ip therein.
(d) The Code is not designed to anzd will nzot permit .monopolies
or monopohistic practices .
(e) The C'ode~ is not designed to and will not eliminate or oppress
small enterprises and will not opera te to discriminate against theJm.
(f) Those engaged in other st.eps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these ,reasons, therefore, this Code has been approved.
Respectfully,
HUan S. JoHNSON,
dmlni~n istrat or.
M lARCH 21, 1934.












COD)E OF ]FAIR COM~PETITION FOR THE TALC AND
SOAPSTONE IND~~rUSTRY

ARTICLIE I-FURPOES.
To effectuate the policies of Tritle I -ofthie National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Tale and Sonpstone Indu~stryv, and its provisions are the
standards of fabir competition for such Industry and arle binding upon
every member thereof.
ARnTICLE IH- --EFINITIONS

WlherevePr usedl in this Clode or any supplement appertaining th~eretbo,
t.he terms enum-erated inl thi Art~icle shall hv~e the meanings herein
defined unless thle context shall othearwise clearly indicate.
SECTION 1. The termi "Pr~esident" mIeans the President of the
United States of Amer~ica.
SECTION 2. The term PActi" means Title I of t~he National Indus-
triall Recovery Act..
SECTIoN 3. The term "Aldm~inist~rator means the Adcministrator
for Inidust~rial Recovery.
SECTION 4. The term "lTal~e and Soapstone Industry or "' Indus-
try as used herein means the mnining and/or milling and/or shaping
and/or sawing of tale and soapstone and/or the original sale: of such
industry products by a member of Industry either by himself or by
his agent which includes without limitation any person or clorporation
occupying a subsidiary or controlling relationship or one of common,
mutual or joint ownership or control with a member of Indust~ry.
(a) The term "IndustryT Products" as used herein includes crude
tale and/or soapstone, crushed tale and/or soapstone, pulverized t.ale
and/or soapstone, saw~ed and fabricated talc and/or soapstone, and
for the purposes of tlhis Code shall also include like products of
talcose materials includingm;ie pyohlite. r~' oeuc ny
SECTION. 5. Tlihe term "MmeofteIdtr"inldsnoe
engaged- in the Industry either as an employer or on his or its ow.n
behalf.
SECTION fr. Thle term. '"Em~ployee" mieans and includes anyone
engaged in the Industry in any capacit~ly receiving compensation for
his services, irrespective of the nature or method of payment of such
comipensation, except a member of thle Industry.
SECTION 7. The term "EmployTer means and includes anyone by
whom any such emp~loyvee is employed or compensated.
SECTION 8. TIhe term "Siouthern IZone" as used herein shall include
the States of Virginin, Tennessee, North Carolina, Georgia and
Alabamal
SECTION 9. The term Northern Z~one as used herein shall include
all other terriitory of the United ~States except as defined in "Southern
Zone "
(292)






293

SECTION 10. The term "Assoeintion"' as used hercia means The
National Association of Talle and Soapstone Producers, an uninr-
corporated membership society whose principal place of business is
ocated at Chester, Vermont.
SECTION 11. The term ""Secret~ry "" shall mean the Secrectary-
Treasu re r of ther!;at ional11Associ ntion of Tale aInd Son pstone Produ~cers.
ARTICLE III-Houns or L~Anon
SECTION i. Alasinrmln Hours.-On and after the effective dalte of
thlis C'ode, nio employee shall be permitted to work inl excess of Forty
hours in any one week or eighlt hours inl any- twenty-four hour periodic
except as herein othlerw\ise provided. A. normal wvork day shall not
exceed eigh t hours.
SECTIION. 2. Hobu~s for Clerical arnd Ofiice Em~iployees.--On and after
thle effective do te of this Code, no person employed in clerical or office!
work shall be permit ted to work int excess of forty hours in any one
week, except that during any one week in any one months period such
employee shall be permtted to wvork a maxrimum of fort~y-eighlt hours
in any such week. A normal work day shall not exceed eight hours.
SECTION 3. ESrceph'iOns as to Houre.--The limitation as to hours of
labor as specified in Sections 1, 2 and 4 of thiis Article III shall not
apply to the following:
(a) To employees engaged in emergency maintenance, or emlergency
repair work, involving breakdown or the prot ec tion of life or property;
provided, that in such special cases nzot less than one and one-half
times the normal wvage rate for any employee so emlployed shall be
paid for all hours worked in excess of forty hours inl anly one w~eekc,
or eight hours in anly one day; pr~ovided, that this overtime provision
shall not apply in cases of catastrophes involving loss of life or
property. Such special cases, however, shall. be reported to the
Code Authority.
(b) To perons engaged inl a managerial, executive or supervisory
capatcit~y, who receive not less than $35.00 per week in the Northern
Zone and not less than $30.00 per week in the Southernl Zone, and to
outside sales or service men.
(c) To wvatchmen, wvho, according to t~he nature of their responsi-
bilities, may be permitted to work not more: than eight~y-four hours
in any two week period or fifty-six: hours in, any one week, provided
that such employees shall have at least, one day's rest in, each seven
day pec3riod.
(d) To employees engaged in the preparation, care and maintenance
of machinery and production facilities, stocks and shipping clerks, and
trucime~n engaged in outside delivery and pick\-up service wP6ho may
be granted a tolerance of 10%o additional hours over thie fort~y htours
in any one wecek and may be permitted to work not more tlhanl forty-
four hours in any one week.
(e) To production employees, mechanical workers, or artian who,
during any period in which a concentrated demand upon any division
of the Industry shall place an unusual and temporary burden for
production work upon its facilities, or to meet seasonal, or peak
requirements, or emergencies, ma.y be permitted to w~ork not more
thlan forty-eight hours per week; and not more than eight. hours in
any one day in not more than six weeks in six mlonthts of any calendar
47765"--425-11434----342






294


yrear, provided that not less than time and one-half the normal rate
shall be paid to any emnployee so employed for hours worked in excess
of forty hours per week, or eight hours per day. All overtime worked
in. suchr peak periods shall be reported to the Code Authority.
(f) To skilled workers in tcontinuous pr~oc~esses, the interruptionn
of which would unavoidab>ly reduce production because of demands
inherent and peCu.lliar' within. the process itself, provided, however,
that such employees in such cases shall not work more than fort~y-
eight hours in any one week, and provided that in such special cases
at least one and one-half times the normal wage rate shall be paid
to any employee so employed for hours worked above forty hours
per week. Provided that in cases where an employee is acting in
temporary relief for a fellow employee in continuous processes the
overtime provision hereinabove set forth shall nrot apply. Such
special cases as set forth her~einabovre shall be reported to the Code
Authority.
(gt) To hoist mren, powver house men, or pump men; provided the
ttlworking hours of such employees shall no ~t ece fortyS-eigh
hours in any one week.
SECTION 4. Standard Week.-No employ-ee shall be permitted to
work more than sixr dayTs mn any seven day period.
SECTION 5. Emloyment by Several Em~ployers.--No emrployer shall
knowingly permit any employee to work for atny time which, when
t~otallled with that already performed with another employer, or
employ-ers, in this Industry, or otherwise, exceeds t~he ma~ximaum
permitted herein.
ARTICLE IV-WPPAGES
SECTION i. ~l~ifthfinu W~ages.--On and after the effective date of
this Code, no employee, except as herein otherwise specified, shall be
paid in any pay period less than at the rate of 40$ per hour '"unlder-
ground and 35~ per hour "above ground in. the Nort~hern ZEone
and 301 per hour "underground and 25$ per hour "above ground "
in the Southern Zone. The minimum rates for female employees
shall be 80%0 of the above respective minimum above ground rlt~es
for the Northern Zone and Souther~n Zone. Trhe minimum rates
herein provided shall be construled as hiring rates applying to totally
unskilled or commlon labor. Other classes of labor shaall be com-
pensn ted at rates above such minimum. Minimum wages which
were in effect. prior to date of approval of this Code which were
above the minimum specified shall m no case be reduced.
SECTIION 2. Clerical and Ofi~ce Employees.--No accounting, clerical,
sales or service employee workingS on. a wveekily basis in any offce
shall be paid less than at the rate of $15.00 per week; provided, how-
ever, that office boy-s and girls and messengers may be paid at a rate
not less than 80% of such mninimumn; and provPided further that t~he
number of such boys and girls and messengers so paid shall constitute
not more than 5%0 of thre total number of such employees of any office
of any one employer, but in any case each employer shall be entitled
to at least one such employee.
SECTION 3. Ph~etelork: Comnpensaltion-M~inimrum Wages.--This Ar-
ticle establishes a minimum rate of pay for any pay period which shall
apply, irrespective of whether an employee is actually compensated
on a timre-rate, piecewcork, or other basis.






295


SECTION 4. Female Employees.-F'Iemale employees performing sub-
stantially the same work as mnale employees shall receive the same
rate of pay as male employees, and when theyT displace male employees
they shall receive the same rate of pay as the men they displace.
SECTION 5. Wages Abor~e the MIi~Lnimum.-W'l within 60 days3 from the
date of approval of this Code an adjustment of wa~e~s above the
minimum provided in this Code shall! be made by employers who;
have not heretofore made such adjustment. Such adjuistment shall
mean that. differentials in compensation between employees recceiving
the muuimum wage and employees anboe~ thelc minimum wage~c existmng
prior to the date of approval of this Code shatll be ma~intainned; pro-
viided, however, that in no event shall rates of pay be reduced. Eachl
member of the Industry Shall make a report of such adjustment
whether made prior to or subseqyuent to date of ap~provanl of this
Code, to the Code Aut~horit~y.
SECTION 6. Handicap~ed Pers~onr.-A person whose earning capac-
ity is limited because of age, physical or mlentaol halndicap, or other
infirmlity, may be employed on hg~ht work at a wa;ge, below the m~ini-
mum established by this Code, if thle employer obtains from the state
authority, designaltedl by tlhe United States Departmlent of L~abor, a
certificate authorizing such person's employment at such wages and
for such hours as shall be stated in the certificate. Such authority
shall be guided by the instructions of the United States Department
of Labor in issuing certificates to such persons. Each employer shall
file mronrthly w-ith the C~ode Authority a list of all such persons em-
ployed by him, showing the wages paid to, and the muaximum hours
of wor~ ~for suchL employee.
SECTION 7. Payment of Warges.---An. employer shall manke pa~ymentf
of all wages in lawful currency or by negotia.ble check therefor payable
on demand. These wa~ges shall be exempt from any payments for
pensions, insurance, or sick benefits other than those voluntarily paid
by the wage earners, or required byr State Law~s. Pay periods for
wages shall be at least semi-monthly, and for salaries at the end of
every month. Employers shall agree not to withholcld wage~cs.
ARTICLE V-OGENERAQL LABOR Paovifsions
SECTION 1. Child labor.--On and after the effective, date of this
Code, no person under 18 years of age shall be employed in the TSale
and Soa~pstone Industry except in clerical, office, sales, service, tech
nical and engineering departments, and no person under 16 years of
age shall be employed in any capacity. In any state an emiployer
shall be deemed to have complied with this provision as to age of
employees if he shall have on file a certificate or permit duly signed
by the Authority of such state empowered to issue employment or
age certificates or permits showing that the employee is of the required
age.
SECTION 2. Provisions of the Act.--(a) 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.






296


(b) No employee and no one seeking employment shall be required
as a condition of employment to join. any company union or to refrain
from 30mmig, orgamizmg, or assistmlg a labor organization of his own
choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
SECTION 3. Re01888tylcation o Emlployees .-NTo employer shall
reclassify employees or duties of occupations performed, or engage mn
anyT other subterfuge for the purpose of defeating the purposes or
provisions of the Act or of this Code.
SECT'ION 4. Standards for Safety and Health.--Every employer
shall make reasonable provision. for the safe tyndhearemlthof hi
employees at the place and during the hours o hi mlyet
Standards for safety andtj health for this IndustryT shall be submitted
to the Ad~ministrator by the Cod~e Authority within six months after
appro-val of this Code.
SECTION 5. State L;aws.-No provisions in this Code shall supersede
anzy State or Federal La~w which imposes on employers more stringent
requirements as to age of employees, wages, hours of work, or as to
safety, health, sanitary or general working conditions, or insurance,
or fire protection, than are imposed by this Code.
SECTION 6. PostigS.-All employers shall post and keep posted
complete copies of this Code, and all amendments thnereto, in con-
spicuous places accessible to employees.
SECTION 7. Compan.Y Town and Stores.--Employe~es other than
maintenance or supervisory men, or those necessary to protect prop-
erty, shall not be required as a condition of employment, to live in
homes rented from the employer. No emlploy~ee shall be required,
as a condition of employment, to trade at a store owned or specified
by an employer.
ARTICLE: VI--ORGANIZATION, PoWERS AND DUTIES OF THE CODE
AUTHorrTY
SECTION 1. Organization and Constitution.--A Code Authority to
administer this Code is hereby- constituted and shall consist of six
members. Fiive of such members shall be voting members. Two of
such voting members shall be selected by members of the Industry
in the Southern zone to represent such zone, and shall be truly repre-
sentative of the m~em~bers of the Industry in such zone. Two such
voting members shall be selected by members of the Industry in the
Northern zone by mlem~bers of the Industry in such zone and shall be
truly representative of the members of the Inzdustry in such zone.
One other such member shall be selected by the members of the entire
Industry, and shall be representative of thze Industry as a whole.
The Secretary-Treasurer of the National Association. of Tale and
Soapstone Producers shall be SecretaryT and a non-voting member of
the Code Authority. Th]e election of all members to thze Code Au-
thority shall be by a fair and equitable method of selection to be
approved by the Administrator. The Code Authority shall make
investigations as to thne functioning and observance of a~ny of the
provisions of this Codet at its ownr instance or upon the complaint
of any person affected, and shall report the result thereof to the
Admimistrator.






297


SECTTON 2. In addition to the above membership there may_ be: not
more than three additional members, without vote and :-.ithountt
expense to the Industry to be appointed by the Administrator to seve,
for a sixr month or a tweclve month term from date of alppointmecnt aIs
he may specif~y.
SECTION 3. ]Each trade or indulstriarl association directly or indirc~tly-
pa~rticipating in the selection or activities of the Code Authority shall,
(1) impose no iInequitable restrictions on mecmbership, and (2) sutbmit;
to thle AIdmlinistrator t~rue copies of its: Articles of A~socciation, Byv-
Law-s, Rulles and Regulations, and any- amendmlents when madle
thereto, t~oget.her wit such others information as to members~hip,
organization and activities as the Administ~rat~or maly deemn necessarily
to effectuate. te purposes of the Act.
SECTION 4. InX] order thact th C~ode Authority shall at all times he
truly representative of the IndustryF and in other respects comply with
the provisions of thre A~ct, the A4dministrator may prescribe such
hearings as he maty deem proper; and thereafter if h~e shall find that
rsethe Coe Author1iy is not truly representative or does not in other
respectscomply ithte provisions of the Act, may req uire an appr~o-
priate modification in t~he method of selection of the Corde Authorinty.
SECTION 5. M~embe~rs of the ]Indust~ry shall be entitled tao participate
in and share t-he benefi ts of the: activitiese of th~e Code Au thority- and to
participate in ~h~e selection of the members thereof byp asenting to and
complying with the requ~iremecnts of thlis Code and sustaining their
reasonable share of thetz expenses of its administration. Such realson-
able sIhare of expenses of administ~ration shall be determined by the
Code~ Author~ity, subject. to review by ~th-e Administrator, on the basis
of volume of business and/or such other factors as may be deemed
equitable.
SECTION 6. NCothing contained in t~his Code shall constitute th
members of the Code Aluthority p~artneers for any purpose. N~ror shall
any member of the Code Aut.hority be liable in any manner to anyone
for any act of any other member, officer, agent, or employee~ of the
Code Authority. Nor shall any member of the Code Aiu thori ty,
exercising reasonable diligence in the, conduct. of his duties hereunder,
be liable to anyone for any action or omiission to act under ths Code,
except for his own wilful misfeasance or nonfeasance.
SECTION 7. Power's and Dutlies.--Subject to such r~ules and regu-
lations as may be issued by the Administrator, the Code Authority
shall have the following further powers and duties, the exercise of
which shall be reported t.o the Administrator and shall be subject
to his right, on review, to disapprove any action taklien byv he Code
Authority. If the Administrator shall determine at any tim~e thato
any action of the Code~ Au~thorityo or any agency thereof mlay be unfai
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to affordi an opportunity for
investigation of the merits of such action and further consideration
by such Code Author ity or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty doays' notice to him of intention to
proceed with such action in its original or modified form.
(a) To insure the execution of the provisions of this Code and pro-
vide for the compliance of the I[ndu~stry with the provisions of the
Act subject to such rules and regulations as the Administrator may
prescribe.






298


(b) Te ado(pt Byg-Laws and Rules and Regulations for its procedure
and for th~e administration and enforcement of the Code. Thle Code
Authority shall promptly furnish to thle Adminristrator true copies
of the? By-Laws, REules and Regulations adopted pursuant, to this
paragraph.
(c) Tlo obtain from members of the Indust~ry through a c~onfdent~ial
agency: such statistical information and reports as are required for the
administration of the Code and to provide for submission by mremblers
of the I[ndustry of such statistical information and reports as the
Administrator m~ay deem. necessary for the purpo~ses recit.ed in Section
3 (a) of the Act, which information and reports shall be submitted by
members of the Industry to such Federal and State agencies as the~
Administrator may designate; provided, thatt nothing in this Code
shall relieve any member of the Industryr of any existing obligations
to furnish reports to any government agency. No individual reports
shall be disclosed to any other member of the Industry 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 deemls
proper for the carrying out of any of its activities provided for herein,
provided that nothing herein shall relieve the Code Aut~hority of its
duties or responsibilities under this Code and that such trade associa-
tions a~nd agencies shall at all times be subject to and comply w-ith the
provisions hereof.
(e) T'o make recommendations to the Administrator for the coordi-
nation of the administration of this Code wJith suchn other Codes, if any,
as may be related to the Inldustry.
(f) To- cooperate with the Administrator in regulating the use of
any NRA insignia solely by those members of the Indust~ry~ who hav-e
assented to, and are complying with, this Code.
(g) TIo recommend to thne Administrator further fair trade practice
provisions to gov-ern members of the Industry in their relations with~
each other or with other Industries, and concerning control of pro-
duction through v-oluntary agreement and to recommend t~o t~he Ad-
ministrator measures for Inldustrial planing, including stasbilizattion
of employment.
(h) The Code Authority shall cause to be formulated an accounting
system and methods of cost finding and/or estimating capable of use
by all members of the Industry. After such systems and methods
have been formulated, full details concerning them shall be made
available to ah llmemrbers. Thereafter, all members shall determine
and/or estimate costs in accordance with the principles of such
methods.

ARTICLE VII-MEARK;ETING AND TRADE PRACTICE RULES

SECTION 1. Price Schedule.--(a) Each member of the Industry
within twenty days after the effective, date of this Code shall file
wvith the Code Authiority the price or prices and terms and conditions
of sale at which he is offering his products for sale, which products are
in direct or ind-irect comnpetitiion w5ith ot her members of t~he Industry;
this original filing to become effective onl the date of such filing.
The Code Authority ~forthw\\it~h on such original filing shall notify all
known members of the Industryr of t~he ccontents thereof and shall






299


make the same available to the trade. Any member of the Indulstry
desiring to change th price or prices of his products and terms and
conditions of sale shall notify thle Code Author~ity3 of such intention by
filing his revised schedule, which shall become effective immediately
thereafter and shall be distributed to th~e known members of the
Industry and be made available to the trade.
(b~) Such price schedules shall include terms of payment, length of
bookings, or contralct~s a f~o.b. point of origin anud such other pro-
visions ats may be necessary to fullyv informl the trade of aH conlditions
of sale.
(c) The Clode Authority shazll prescribe rules and regulations pro-
viding for the sale of distress mnerchandrise, surplus inventories,
products not up to specification, annd to meet the competition of
other materials competitive wit th products of this Industry,
which shall become effective upon approval b~y the Administrator.
No member of the Industry shall sell any goods of ainy of the classes
above described for the purpose of vriolatmlg the provisions of this
Code or of defeating the purposes of thle Act, except in full compli-
ance w-ith such. rules and regulations.
SECTION 2. 1Trade Pracie Eviles.-r`The following trade practices
are declared to constitute method sof unifaijr competition between
members of thbe Indulstry, and no mem~lber of thne Industry shall use
or engage in any oif them, ?directly or indirectly, through any officerr,
agent, or employee. Engaging: in an one of such trade practices or
of any other practices wIhich thereafter may be declared to be unfair
methods of competition by~ the Code Authority, approved by the
AIdministrator, shall be deemed a violation of this Code.
(a) Fiailing to file price schedules or changes therein, as required by
Section 1 ofE Ithis Article.
(b) Selling of any Indust~ry7 product by a Mlember of the Industryr
at a price below the open, filed or publicly announced price schedules
of such member, or to deviate from the conditions of sale contained
in such schedules filed pursauant to Section I of this Article.
(c) Selling pr'odUCts of the Industry belowr cost of production as
determined pursuant to Sub-Sect~ion (b)j of Section 7~ of Article VI;
provided, however, that a member of the Industry shall be perm~itted
to file prices and sell at. such filed rates in order to meet t~he filed prices
of a competitor, and provided further t~hat. sales necessary to meet the
competition of other materials with Tale alnd Soa.p~stone, or sales
necessary in order to dispose of distress merchandise, mnay be made at
other tha~n filed prices pursuant t~o the provisions of Sect.ion 1 (c) of
this Article VII. Full information concerning such sales shall be
reported to t~he Code Authority and shall be given to all members of
the Industry.
(d) Paying or allowing rebates, refunds, commissions, credits or
unearned discounts, whether in the form of mnoney or otherwise, or
the extension of special services or privileges to certain purchasers
which are not, extended to all purchasers under similar circumstances,
for the purpose or with the effect of violating the provisions of this
Code.
(e) Pre-paying freight charges with the intent or effect of granting
discriminatory credit allowance.
(f) Allowing in any form, adjustments, discounts, credits or
refunds for the purpose or with the effect of altering retroactively the
price quoted, mn such manner as to create price discrimination.






300


(g) Pre-dating; or post dating any invoice. or sales contract, except
to conform to a bonla fide agrreement entered into on t.hle pre-date.
(h) Rtepudiating a contract entered into in good faith when the
purpose or effect of such repudiation is to create ain unfair price
advantage for a member of the Industry.
(i) Inducing or attempting to induce the breach of an existing
contract between a competitor and his customer or sources of supply;
or interfering~ with or obstructing in any manner t~he perform nee of
the contractual duties or services of another.
(j) Requiring that the purchase or lease of any products or equip-
ment be a prerequisite to the purchase or lease of any other products
or equipment.
(k) P'rocuring, otherwise than with the consent. of any member of
the Industry, ainy information concerning: the business of such member
which is properly regarded by it as a trade secret or held as con fiden tialI
within its organizations, other than information relating t~o t~he viola-
tion. of any provision of this Code.
(1) Knowingly shipping a lower grade of m~aterial than is described
in the contract or order.
(m) D~eviating from the published and previously established
specifications, for the purpose of influencing a customer or prospective
customer.
(n) Selling through any agent other than an exclusive agent., when
an exclusive agency exists, without the consent of suchi exclusive
agent, or selling or attempting to sell through more than one agent,
except with the full knowledge of each agent..
(0) M~aking any contract with. a purchaser to protect such pur-
chaser against a decline in price.
(lp) Knowingly publishing advertising, whether printed, radio,
dslyor otherwise, which is misleading or, inaccur t~e in any me t.erial
particular; or misrepresenting any goods or products of the Industry
as to use, trade-mark, grade, quality, quantity, origin, size, substance,
character, nature, finish, material, content, preparation, or making
any misrepre~sentattion as to credit terms, values, policies, services or
the nature or form of the business conducted.
(q) Branding, marking or packing any goods or products in any
manner, which is intended to or does deceive or mislead purchasers
with respect, to brand, or trade-mark, grade, quality, quantity, origin,
size, substance, character, nature, finish, material, content., or prep-
aration of such goods or products.
(r) K~now\ingly publishing adv-ertising which :refers inaccurately in
any materials particular to any competitors or their goods, prices,
values, credit terms, policies or services.
(s) Knowingly withholding fromt, or inserting in any qluot.ation or
in~voice, any statement which makes it inaccurate in any material
particular.
(t) P'ublishing or circulating unjustified or unwarra~nted threats of
legal proceedings, having the effect of harassing competitors or
mntimtid a t g their curst homers.
(u) Giving or permit ing to be given, or directly offering t~o give
anything of value for the purpose of influencing or rewarding the
action of any employee, agent or representative of another in relation
to the business of the employrc of such employee, t.he principal of
such agent or the repr~esent.edi party, without the kinow~ledgae of such






301


employer, principal, or party. This commercial bribery provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except so far as such ar~ticles
are actually used for commercial briberg as hereinabove defined.
ARTICLE VI]II-EXPORT TRADE

No prov-ision of this Code relating to terms of selling, shipping, or
marketing shall apply to export trade or sales or shipmecnt for export
t.radec, or transactions hi the foreign commerce of the United StaRtes.
ARTICLE I1-MOIFICATION
1. This Codle and ;all t~he provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions of
sub-section (b) of Section 10 of the Act, from time to time to cancel
or mdif an order, approval, license, rule, or regulation issued under
saidActandspeci~ficaly, but without imitation, to the right of thet
President to cancel or mlodify his approvral of this Code or alny condi-
tions imposed by him upon his approval thereof.
2. Such of thze provisions of this Code as are not required to be in-
cluded therein by the Act may, withL thae approval of thze Administrator
be amended ais provided in Sec tion 3 hereof, in such manner as may
be indicated by the needs of t~he public, by changes mn cir~cumsatances,
or by experience; all the provisions of this Code, unless so modified or
eliminated, shall remain in effect, until the exlpiration date of Title I
of th Act.
3. An amendment ma~y be proposed by any interested party either
to the Code Authority or directly by or to the Admlinistrat.or. All
proposed amendments shall be referred to the Code. Authority, who
shall give members of the Industry an opportunity to be heard
thereon, and thereafter the Code Authority may make. such recomi-
mendations thereon as is deemed proper, provided, hiowev-er, stha
when approved by t.he Adm-inistrat~or as necessaryr to effectuate the
policies of the Act, after suchi notice andi hearing as he may p~rescribe,
any proposed amendment shall t~her~eupon become effective as a part
of thiis Code.
4. The Code Aut~hority may makce recommendations for maodifica-
tions of this Code to t.he administration which shall become effective
as a part of this Code, upon approval by the Administrator, after
such notice and bearing as he may prescribe.

ARTICLE X--110NOPOLIES

No provision of this Code shall be so a applied as to promote mnonopo-
hies or monopohistic practices, or to ehmmniate, oppress, or discrumnmate
against small en terprises.
ARTICLE ,Ti- PRICE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
crea~ses except such ats may be required to meet individual cost should






302


be delayTed, but when made such increases should, so far as possible,
be limited to actual additional increases in thze seller's costs.

ARTICLE X~II[-TERM\INATIO N

This Code ancd all supplementary provisions thereto shall expire on
June 16, 1935, or on the earliest date prior thereto on which the
President shall, by proclamation, or the Congress shall, by joint
resolution, declare that the emergency recognized by Title I of t~he
Act- has ended.
ARTICLE XIII--EFFECTIVE DATE

This Code shall become effective beginningsg ten (10) days after its
approval by the Administrator.
Approved Code No. 350.
Registry No. 1039-10.







































































































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