Por eale by the Superintendent of Documents, Washington, D.C. - Price 5 centq
Approved Code No. 206
Registry N'o. 1012--1-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JANUARY 16, 1934
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Approved Code No. 206
CODE OF FAIR COMPETITION
As Approved on January 16, 1934
APPROVING CODE OF FAIR COMPETITION
An application having been duly made pursua~nt to andi in full
compliance with the provisions of T'itle I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a. Code of
Fair Competition for the Feldspar Industry, and hearings having
been duly held thereon and the annexedl report on said Code, con-
taininga fndingrs with respect thereto, having been made and directed
to the President:
NOWP, THEREFORE, on behalf of the President of the United
States, I, Hugh~ S. Johnson, Administrator for Indlustrial Recovery,
pursuant to authority vested in me by Executive Ordler No. 65413-A,4
dated December 30, 1933, and othlerwise; do hereby incorporate by
reference said annexed report and do find that said Code complies
in all respects with fthe pert~inentprvsosndwlpometh
polcy nd urose ofsad Ttleofsaid Act; and do hereby order
that said Code of Fair Competition be and it is hereby approved.
HUGH S. JoHKson,
Administratoor for Industral Recovery.
Approval recommended :
January 16, 1934.
The WIChite HBouse.
SIR: This is a report on the Code of ]Fair Competition for the
Feldspar Industry, a hearing on which was conducted in Watshingt~on
onr the fourth of November 1933 in accordance with the provisions
of the National Industrial 1Recovery Act.
The Code provides that no employee engaged in, milling or grinding
operations shall be permitted to work in excess of 40 hours in any
one week or 8 hours in anly one day or 6 days in any 7-day period;
that no employee engaged in mining operations shall be permitted to
work in excess of 40 hours per week, averaged over a 3-month period,
or in excess of 48 hours in any one week; and that no clerical or
office employee shall be permitted to work in excess of 40 hours ina~nly
one weeks or 10 hours in. anyy onre day. The following are excep~te~d:
(a) Employees in executive, administrative, or supervisory ca-
pne~ities, who receive $35 or more per week;
(b) Employees on emergency maintenance or emergency repair
work, who, however, shall be paid at least one and one. third times
the normal rate for time worked inl excess of 8 hours in any one day.
The Code provides for minimum rates of pay of 25 cents per hourr
in the South and 30 cents per hour in the North for emlploylees en-
gaged in mining operations; for minimum rates of pay of 30 cents
per hour in the South and 35 cents per hour in the North for emn-
ployees engaged in milling and grindinlg operations;. and for a
minimum rate of pay of $13.50 for clerical and. office employees.
Aged or physically handicapped persons may be employed at such
wages and for such hours as shall be stated in a certificante issued by
a State Authority designated by the U~nited States Department of
The employment of persons under 16 years of age and, in occu-
pations hazardous in nature or dangler~ous to health, of' persons under
18 years of age is prohibited.
]Ecoxollic EFFECTs O1F THE: CODE
The miners and the grinders of feldspar have joined toget.her for
th~e purpose of pr~esienting this Colde. It is thought that the opern-
tion of tlherse twco groups under one Code will helTp to solve some of
the mYost difficult problems of the indcustryr.
From the year 1929 to the year 1932, the volume of sales of crude
feldspar declined about 47%~ and the value of sales about 58%.
Present grinding operations are at the rate of approximately 13%0
of capacity, and in 1929 were at the rate of only 2Yr; of capacity.
The minimum wages prescribed in the Codle are more than 10"0o
higher than the lowest wages now being paid in some sections.
Maximum weekly working hours are being reduced by appr~oximatelyy
25%/. It is believed that the Code will inicrease employmnenl t in this
industry about 25ro and thazt it will increase wa~ges at least 30%I.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all t~he proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of TitleIP o f the National Indusitrial Recoverry Act, inclludng
removal of obstructions to the free flow of interstate and for~eigni
commerce which tend2 to diminish t~he amount thereof aInd will pro-
vide for the general welfare by promotingr the organization of indlus-
try for t~he purpose of cooperative action among the tradle groups,
by inducing.and ma~intaeining united action of labor andl nusnaagement
under adequate governmental sanctions and supervision. by eliminat-
Ine: unfair competitive practices, b~y promoting the fullest possible
utilization of the present pr~oductive capacity of industries, by
avoiding undue restriction of production (except as -may bhe tempo-
rarily requiired),_ by increasingr the consumption of indiustrial and
agriculltulral produclts through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
(ab) Said I;b sn~~ industry normally employs not more than 50,0)00 em-
ployees; and is not classified by me as a major industry.
() The Code as approved complies in all respects with the perti-
nent provisions of said Title of Saidi Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
IndustryL; anid that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discrimiinate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of thle right to be heard prior to approval of said
For these reasons, therefore, I have approved this Code.
HUrcH S. JoFN son,
JaNUanr 16, 1934.
ARTICLE I -PURPOSE
To effectuate the policies of Title Il of t.he National Industrial
Rbec~overy Act, the follow~ingr provisions are established. as a Code of
Fair Comllpe~tition! for the Feldspar Industry, and~ shall ~be binding
upon evcry~ member thlereo~f.
ARTICLE II- DEFINITTIONS
(a) The term "LFeldspa'r Ind~ustry "', as used herein, includes the
mining, grinding, and sale by the mlinler or grindler of feldspar
products a~nd such related branc~hes aind/or sulbdlivisions of this in-
dustry as mary from time to time be inrcludedl under the provisions
of this Code b~y' the President after suchl due notice and hearings as
he may prescribe.
(b) The terml member of the industry includes, but without
limitation, any business entity engaged inn the Feldsjpar Industry
either as an employer or on his or its own beharlf.
(c) The term employer '", as used hnerein, includes any individual
or enterprise by whomn any emlployee is com~pensate~d or employed.
(d) The term employee as used herein, includes any and all
persons in the indulrstry, except a member of the industry, however
(e) TChe term "l grinder as used herein includc~es any member of
the industry engagped in the grinding of mninedl feldspar.
(f) The term miner as used herein includes any member of the
industry engag~ed in the mining of crude feldlspar.
.(g) The term "( South as used herein includles s thie States of Vir-
gnina, T'elnnesee, Niortlh Carolina, South Car~olina, Flor~ida, Georgia,
Alalzbamna, Mlississippi, and Lou~i~sian3.
(h) The terml North "' as used herein includes those States not
includled within the foregoing definition of the South.
(i) The terms "C Preisidenlt "', "Act ", and "Admlinistrator as used
he~einl mean resp~lectivcly the President of the United States, Title
I: of the National Indus~trin 1Recovery ALct, anid the Adrministrator
for Indust rial R~ecovery.
CODE OIF FAS~IR COMPETITION
ARTICLE TIII LBnon
A. Honrs or W~ORK--1. (a) Mindring Opci~rations.-S$ubject t~o the
exceptions hereinafter provided no employee shall be permitted to
work in excess of forty (40) hours per wFFeek overngFed over a three
(3) months' period nor in excess of forty-eight. (18) hours in any
one week. The Code Authority shall specify th~e dates on which
the three (3) month periods used for averagingl hours shall begin
and end. In order to permit the proper arr~angeennet of these dates,
the first period used for averaging may, if so specifiedl by the Code
Authority, be shorter than three (3) months.
(b ) MVilling or Grindlinrg Operttionts.-- S ubj ct t, t he except ions
hereinafter provided no emnploy~ee shall be perm~ittedl to w~ork in
excess of forty (40) hours in any one (1) w~eek, or eight (8) hours
in anyr one (1) day or six (6) day's in any seven (7)~ day period.
2. No office or clerical employees shall be permittedl to worlk in
excess of forty (40) hours in any~ one (1) weeki or in excess of ten
(10) hours in any twenty-four (124) hour period.
3. The mnaximum hours establi~shedl herein sha~ll not, apply to em-
ployees engaged in executive, administrative, or supervisory wo-rk,
wh~1o receive thirty-five dollars ($35.00) or miore per week~l.
4. The maximum hours established herein shall no~t apply to
employees on emergency maintenance or emer~gency repair work,
involving breakdowns or protection of life or property', but in any
such special case at least one and one thirdc (1!$) times the normal
rate shall be paidl for hours worked in excess of eight (8) hours
in any one (1) twenty-four (24) hour period.
5. No employer shall engage any employee for any time which,
when totaled with that already performed for another emnployer
or employers, exceeds the miaximum permitted herciein.
6. Employers who personally perform manual work; or are en-
gaged in mechanical operations shall, to the extent permitted~ by
the Act, be subject to the maximnum hours prescribed in this Article.
7. An employer shall so administer work in his ch~argre as to
provide a maximum practicable continuity~ of employment. for his
B. 11'AGEs--1. (a) MIiining Oper~atio~ns.-NNo emp~loyee shall be paid
at less than t~he rate of twenty-five cents (259) per hour in the South
and thirty cents (30C) per hour in the Nort.h.
(b) M~illing or Gra~ding Operations.--No em~loyee shall be paid
at less than the rate of thirty cents (30C) per hour in the Sjouth and
thirty-five cents (35C) per hour in the North.
2. No employee engaged in clerical or offce worrk shall be paid at
less than the rate of thirteen dollars and fifty cents ($13.50) per
week of forty (410) hours.
3. This Article establishes a, minimum rate of pay~, regardless of
whether an employee is compensated on a time rate, tonnage rate,
or other basis.
4. An equitable adjustment shall be made in the wages of all em-
ployees now receiving more than the minimum wage as provided in
this Code. Within thirty (30) days after the effective date each
employer shall report to the Administrator through the Code
Authority, all such readjustments made by him since June 16, 1933,
5. Female employees performing substantially the samne workr as
male employees .shall1 receive the same rates of payT as male employees.
6. A~n employer shall make payment of all wages due in law~~ful
culIlrrency or by ngoi!t iable check therefor, payable on demannd. Wa ges
shall be pa~id at, regu~la-r periods. TIhese wagSes shall be~ exempt fr~om
anly paymenltsi for penslol~,ionsmsurance, or sick benefits other than
those voluntarily pauid byT the wage earners.
7. No emloy~l,3er or his agent shall accept anly rebate directly or
indirectly on such wages or give anything of value or extend favors
to any person for the: purpose of influencing rates of wages or the
workring conditions of his employees.
8. Ai person whv~ose earning capacity is limited because of age or
phys?ionl or mental hrandicap mlayr be employed on light work at a.
wagSe belowc thle minimum established by this Code if thne emlployer
obtains from the S~atr? Authority designated by the United States
D~epal1-rtment. of Labor a certificate authorizing his employment at
such walges and for such hours as shall be stated in the certificate.
Each1 employer shall file with, the Code Authority at list of all such`
persons employedlS~ by himn.
AiSRTICL;E ITT- GENERAL; LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed
in the industry, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental, to
health. The Code Authority shall submit to the Administrator
within thirty (30) days after the effective date of this Code, a list
of such occupations. In any State- an employer shall be deemed to
have complied with this provision if he shall have on file a certifi-
cate or permit duly issued by the authority in such State empowered
to issue employmnllt or age certificates or permitss. showing that
the emaployee is of the required age.
2. Employees shall have the right to organize and bargain collec-
ti~vely through representatives of their own choosing, and shall be
free from the i~terlfer~encet 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 t~he purpose
of collective bar~gaining or other mutual aid or protection.
3. No employee and no one seeking em~ploymlent shall be required
as a condition. of unemployment to join alny~ comnpany umion or to
reframn from joinmng, orgamamig, or assisting a labor organization
of his own choosing, and
4. Employers shall comply with the mraxim~umr hours of labor,
mrinim~um rates of pay, and other conditions o~f employinlent ap-
proved or prescribed by the P'resident.
5. No provision. of this Code shall supersede anly state or federal
laws imposing more str~ingenlt requirements on. employers regullating
the age of employees, wages, hours of work, or health, fire, or
general conditions than, are imposed under this Code.
6. Employers shall not reclassify employees or duties of occupa-
t~ions performed by employees or engage in any subterfuge so as to
defeat the purposes of thie Atct.
7. Eachl employer shall post in conspicuous placess full copies of
8S. Every emp~loyer shall pride for the health and safety of his
1. To effectuate the policies of the~ NPational I~ndustrial Rccrvery
Act and to pro-vidle for the admlinistrantion of the Code, a Code
Authority composed of six (6j) mem,,bers, three (3) of whom. shall
represent members of the industry engaged in grinding operations
and three (3) of whlom shall .represent. members of the induslt~ry
engaged in mining operations solely, andl indep~endenlt of grincnrSng
interests. shall be elected by members of the industry, by such fair
methods of' election as the Administ~rator mnay approve. I~n addi-
tion, the Admllinistrator, if he so elects, may appoint not more than.
three (3) nonvoting members of the Code AQuthority to serve, writh-
out expense to thle Indrustry, for such terms as he may specify, aIs
his representatives or as representatives of such intlerestedc grourns
as he miay designate. Subject to the provisions of subsection (d) of
section 5 of this Article all members of the industry engagedr~ inu
mining operations shall be entitled to participate in the selection of
such members of the Code Authority as represent the mining op~era-
tions of the industry and all members of the industry engragred in
grinding opera ti ons s'hall be entitled to participate~ in the selection
of such members of the Code .Authority as represent the grinding
operations of the industry.
2. The Feldspar Association, is hereby designated as the agency
to conduct an election of members of the Code Authority within
fifteen (15) days after the effective date of this Code and any other
elections of members of t~he Code Authority whichl may the~reafter
be held. 1\femb~ers of t.he Code Aut~horityv shall be elected to serve
for a termn of one (1) year or until their successors are electedl at
the next annual meeting of the industry. In the event of any
vacancy in the membership of the Code Authority, a special meeting
of the members of the industry for an election to fill the incomplete
term of such members shall be called-. Notice of each Felection sha:ll
be sent to all members of the industry at least ten (10) days in
advance of any such election, and voting at such election mnay be
by person, by proxy, or by letter ballot.
3. In order that the Co~de Authority shall at all times be tr: ly repl-
resentative of the industry and in other respects comply with the pro-
visions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that mie
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
4. Each trade or industrial association participating in the selec-
tion or activities of the Code Authority shall: (1) impose? no in-
equitable restrictions on membership; and (2) submit to the Ad-
ministrator true copies of its articles of association, by-laws, reg~u-
lations and any such other information as to activities as the Admin-
istrator may deem necessary to effectuate the purposes of the Act.
5., In add~ition to the powers and duties herein specifically con-
ferred~l upon the Code Authority it shall hnave the following powers
and duties, subjects to the right of the Administrator on review to
d;isapproe' any~ action by the Code ~Auth~ority pursuant to this Code:
(a) Te Coe AuthorityT shall be charged with the supervision
and adlministlrationr of this Code, and shall have thne right. to estab-
lish its owmn rules for the conduct of its business.
(b) In, order that the President may be informed of the extent
of the observance of the provisions of this Code and of the extent to
which the declared policy of the National Inldustrial ~Recovery Act
is beingb ffc8c-tuanted in the industry as hlerein defined, the Code
Authority shall mlake such reports as the Adm~inistrator may re-
quire, periodically, or as often as he may direct. Each employer
shatll make such sworn or unswcporn reports to the Code Authority as
to wages, hours of labor, number of employees, quantity) andl value
of production, shipm~ents, stockss on hand, sales prices a~nd other
ma~tter~s as the Code Aiuthority may require for the administration of
this Code. In. addition to the information required to be submitted
to the Code Authority, there shall be furnished to g~overnmnent
agenlc-ies such statistical information. as the Admninistrator may d'eem
necessary for the purposes recited in Section (3) (a) of th~e _Act.
Any and all information furnished to the Code AuthorityT shall be
furnished to such agency, not a member of the indulstry, as maay be
designated by the Code Authority. Such information shall be
dleemled confidential and shall not be divulged to any employer
except in summary, but shall be available to the Administrator
(c) Tlhe Code Authority shall receive, and if it shall approve shall
present for the approval of the President, any proposals for supple-
mlentaryT provisions or amendments to this Code, or anly pa~rt. hereof,
with respect to wages, hours, trade practices, and related matters or
conditions in, the industry.
(d) Members of the industry shall be entitled to participate in
and share the benefits of thne act~ivities of the Code Authority and to
participate in, the selection of the members thereof by assenting to
and complying with the requirements of this Code andi by paying
their reasonable pro rata share of the expense of the maintenance o
the said Code Authority and its activities, either by becoming a mem-
ber of the Fe'Pldspanr Associatiosn or by payvi~ng to the Code Authority
or to such agency as it may designate such pro rata share. Such
shares shall be determined by the Code Authority, subject to review
by the Admninistrator, on the basis of volume of business and,/or
such other factors as mnay be deemed equitable.
(e) The Code Authority may designate t~he Feldspur Association,
or any other proper agency, to assist it in maintaining its accounts
and in procuring the collection of thre cost. of administration due
from members of the industry. The Code Authority may from
time to time appoint such subcommittees or designate such agencies
and may d~elega~te to any of thl~em such of its powers and its duties
as it shall deem necessary and proper, in, order to effectuate the pro-
visions and(- purposes of this Code, provided, however, that the Code
Authority shall not be relieved of final responsibility with respect
to anly such delegated powers or duties.
ARTICLES `CTT-CO~S~ ~CijiT Acoxiso :o IPuRTC1
A. The Code Aulthor~ity shall formulalte andt I~crllneemumen for the
approval of the: Adtministrator for use in the industry a uniform anld
adequate cost-accounting SystemI whlichl shall be adaptable to Ilhe
industry. Sjuch system shaRll sp~ecify the f~actors whifich shall be
included in determining thle operating costs of emlphoyers. AFfter
approval of such cos~t-ac~counting system by thte Admini tratoo r each.
member of t~he indrustry shall urse a cost-acc~ount~ing~ ~sytem which is
at least as detailed lnd~ complete as the system so ap~r~ovedl.
B. ~No memnber of thze inustry e17ngaged in grinding operations
shall sell any pIrodurct at such prices or' on, such, terms and(. CondI~itionl s
of sale, as will result in a purchas1:!er's paying therz~efor less thann such
member's s individual costs as determined in ne-cor~dance wiith the prin-
ciples of the costing systemn provided for in Section A of this Article,
except to meet the competition of another member of the industry.
C'. No mlembler of thle industry shall purchase c;rude feldlspar from
a member of the indust ry engaged in mining operations, and no mem1-
ber of the industry engagredt in, mining operations shall sell surch
crude feldspar to a miember of the industry eungaed~ in grinding
operations at less than t~he, lowest cost of a rep~resentativje producer
of crude feldspa r. A representative producer of crude f'eldspar shall
be a member of the indlust~ry regularly engaged in the mininng of
feldspar andl maintaining at permanent organlization for conducting
these operations. Such costs shall be deteIrminedl from timne to time
by the Code Authority on thie basis of adequate cost data submitted
by sulch representative producers and shall be subject to review a~nd
modification by the Admlninistrator..
D. Members of the industry engaged in both mining and grinding
operations as herein definedl shall, for the purpose of determining
their costs pursuant to the provisions of Section B of this Article,
use, as that element of cost described as cost of materials not less thlan
the mninimuim prices established in accordance with Section C by the
Code Aurthority for all products of members of the industry engaged
mn mimlng operations.
E. The Code Authorityr shall formulate andl submnit for the ap-
proval of the Admninistrator a classification of the gendies of feld-
spar in accordance with the uses thereof. After the ap~proval thereof
by the Adlministrator no member of the indlustry shall sell feldspar
except.in accordannce with such classification.
F. Within ten (10) days after thle effective date of this Code, each
member of thle Industry shall file with the Code Atuthority' a sched-
ule individually prepared by him, showing his current prices, dis-
counts, and all terms and conditions of sale, and thereafter shall
maintain on file with the Code Authority at all times a schedule
showing such current prices, discounts, and terms anid conditions of
sale, and any deviation therefromn in connection with any sale of his
products shall constitute a violation of this Code.
SAny member of the Industry may, from time to timne. file a re-
vised schedule with the Code Author~ity, such revision to become
effective on date specified therein, provided, ~how-ever, that such re-
vision shall be filed with the Code Authority at least ten (10) days
in advance of the effective date thereof. C'opies of such revisions
with~ notice of the effective date specified, shall be immediately sent
by the Code Authority to all other members of the Industry, who
thereupon may ~file, if they so desire, revisions of their schedules to
meet the revisions first filed, such. revisions to become effective upon
the date when the revised price list ~first ~filed shall become effective.
All schedules so filed with the Code Ai~uthority shall be open to in-
spection at all reasonable times by any interested party.
G. No member of the industry shall permit his agent. to sell ground
feldspar products at other than the prices, terms, and conditions,
filed by such member of the industry with the Code Authority in
accordance with Section F.
H. No member of the Industry shall make or permit to be made
any secret payment or allowance of rebates, refunds, commissions,
credits, or unearned discounts, whether in the form of money or
otherwcpise, or any secret extension to certain purchasers, of special
services or privileges not extended to all purchasers, on like terms
I. All quotations and contracts for the sale of any product of the
industry by a member of the industry shall be in writing and shall
contain a definite statement of price, tonnage, gradle, terms of paty-
ment, time and place of delivery, and all other items necessary to
form a complete understanding. No contracts with individual con-
sumers or jobbers shall be made for a period in excess of thirty (30)
days or in excess of such longer periods as the Code ~Authority may
from time to time approve.
J. No member of the Industry shall sell any products of the
Industry on consignment, except under circumstances and conditions
approved by the Code Authority.
K. The present capacity of the Industry is far in excess of the
present or prospective needs. Therefore each member of the Indus-
try shall register with the association the grinding capacity of its
present grinding equipment. Prior to the Installation, of any n~w.
grinding equipment by- persons enlgaged or engaging inl the Feldspar
Industry, except for the replacement of similar wcorn-out or obsolete
grinding equipment, such persons shall report to the Code Authority.
The Code Authority shall make such recommendations to tlhe Ad-
ministrator as may seem necessary to effectuate the policy- of the
National Industrial 1Recover~y Act.
A. TPhis Code and all the provisions thereof are expressly made
subject to the right of the PIresident, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Recoveryr Act.
from time to time to cancel or modify any order, app~roval, license,
rule, or regulation issued under Title I of said Act, and sp~ecifically,
but without limitation, to th~e right of the President to cancel or mod-
ify his approval of any provision of this Code or any conditions
imposed by him upon his approval t~hereof.
B. This Code may be amended upon. the recommendatioon of t.he
Code Authority or of any interested party or group, and any modi-
ficat~ion. so recommended or initiated shall be effective upon the
approval thereof by the~ President after such notice and hearing as
he! mayr prescribe.
No provisions, of this Code shall be so constr~ued or applied as to
permit or promote monopolies or monopolistic practices or to elimil
nate, oppress, or discriminate against small ntert~lprises.
Whereas the policy of the National Industr~ial Rec~oery Act to
increase real purcha"Sing ptower will be! made impossible of consum-
mat~ion if prices of goods and services increase as rapidl as wag tes it
is recognized and understood that price increases wl, so fbar as
reasonably possible, be limited to actual increases in the seller's
This Code shall become effective on thne second Monday after
approval thereof by the Pr~esident.
Approved Code No. 206.
Registry No. 1012/1/02.
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