Code of fair competition for the cotton pickery industry as approved on May 17, 1934


Material Information

Code of fair competition for the cotton pickery industry as approved on May 17, 1934
Physical Description:
p.227-237 : ; 23 cm.
United States -- National Recovery Administration
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Cotton manufacture -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


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Also available in electronic format.
General Note:
"Approved Code No.433 ; Registry No.224-02"

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851467
oclc - 63654239
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Full Text




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For onle by the SuperialendentL of Documents, Washington, D.C. Price 5 cOals

Approved Code No. 433

Registry No. 284--02






rl~l O

This publication is for sale by the_ Superintendent of Documents, Government
O'inting Offtice, Washington, D.C., 'and by district offices of the Bureau of
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Approved Code No. 433



As Approved on Mlay 17, 1934


An application having been duly made pursuant to and in full
compliance with t~he provisions of T'itle I of the National I~ndustr~ial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Comrspetition for the Cotton Pickery Industry, and hear~ings
having been duly held thereon and the annexed report on saidCoe
containing findings with respect thereto, having been made and
directed to the President:
NOW, THEREFORE, on. behalf of the President of the United
States, I[, H~ugh 8. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in m~e by Executive Orders of the
President, including Executive Order N~o. 6548-A, dated December
30, 1933, and otherwise, do herebye incorporate by reference said
annexed report and do find that said Code complies in all respects
w~ith the pertinent provisions and will promote the policy anid pur-
poses olf said TIitle of said Act, and do hereby order that said Code
of Fair Competition be! and it is hec~reby approvedl; provided, how-
ever, that the provisions of Article VIII thereof shall not become
effective and they are hereby stayed for a period of ten (10) days
in order to afford consideration of the objectionsi of anly .Interested
parties, and at the expiration of which period the said provisions
of Article VIII shall become effective unless I: shall by my further
Order otherwise determine or extend such stay; provided, further,
that the Code Authorit~y shall appoint a comlmittee hi~ch shall mak
a study of wazges and hours in the industry looking toward measures
which will enable an improvement in standards, and shall report
such study, w~itih recommendations, to the Administrator prior to
December 31, 19341.
Heonc S. JoHNson,
Adnministrator for In~dlustrl'C RCoveCY.
Approval recommended:
AnxxxN W. RILEY,
Division. Adm2nlistrator.
WASHING3TON, D.C., MaCY 17, 1934.
60081*--54--105-34 (227)

The Whizte HEiouse.
SmR: This is a report on thne Code of Fair Competition for the
Cotton. Pickrery I~ndustry, and on thne public hnearingf held in Wash-
ington, D>. C., on March 10, 1934, in accordance w~ith the provisions
of the National Industrial Rtecovery Act.
All labor, clerical and otherwcpise, is placed on a basis of forty (40)
hours per week anrd eight (8) hours per day wit~h exemption for
employees on emergency maintenance and emergency repair work
and on emergencies involving_ the pr~event~ion of spoilage and'or
deterioration of goods, and with a penalty of time a nd one-third for
all time w~orkedl m exce~ss of forty (40) hours.
Fiiremen and engineers are placed on a forty-eight (48) hour basis
with overtime for the time beyond forty (40 hour~s. Truck drivers
are restricted to forty-eight (4) hours and watchmen to fift~y-six
(56) hours. Those supervisory employees who receive thirty-five
($35.00) dollars per week or more are exempted.
Office employees are placed on a sixteen ($16.00) dollar per week
basis with a Idifferential of twPo ($2.00) 'dollars for office boyvs.
Watchmen are to be paid not less than fifteen ($15.00) dollars per
week. The minimum~ wages set for factory employees represent in-
creases of thirty-six (36%) percent for male employees and seventy-
four (74%) percent for female employees.
The usual -afeguar~ding provisions are mecluded in t~he Code.
The Cotton Pickery Ind'ustryS is scattered throughout the cotton
belt and its units are lcNatetd at points where cotton is concentrated in
the course of its movement from producers to cotton textile mills and
into export. It is essentially a salvage business, engaging regularly
in the conditioning of irregular cotton not acceptable to the Raw
Cotton Trade, and, in emergencies, in reconditioning cotton dlam-
aged by fire, waater, or otherwise., These emergencies necessarily
create sharp fluctuations in the number of persons employed in the
The Inldustry receives dlamage~d and irregular lots of cotton and
sorts them into regular and irregular cotton. The regular cotton gets
bzc~k into the channels of trad~ce for such cotton; the irregulazr cotton
goes inlto low grale, textiles, twine, mops, bedding, upholstery, paper
stock and explosives.
In view ofe the reduction in the cotton crop during the year 1933,
and the further reduction which the Bankhlead Bill is expected to
effect, the volume of business which the Industry can expect is likely
to be reduced. Therefore, the opportunity for increasing employ-



ment is restricted to spreading employment through curtailing the
hours of employment, offsetting this curtailment by an incr~ease in
hourly wag~es.
There have been written into the Code requirements as to the
marking of bales of irregular cotton of the various types each for the
type which. the bale contains. This is in conformlity to similar pro-
visions which are to be w~ritten into thae other related cotton codes
and is designed for the more complete and accurate description of all
cotton which will facilitate its movement through the several trade
channels of the domestic trade.
The Code Authority will be selected by a method which is deemed
to assure its being truly representative; its powers anrd duties are
restricted to those generally vested in Code -Authorities in accordance
with the policy of this -Administration.
The Deputy Admlinistrator in his final report to mne on said Code
having found as herein, set forth and on the basis of all the proceed-
ings in. th~is matter;
I find that:
"'(a) Said Codle is well designed to promote the policies anld pur-
poses of Title I of the National Industrial Recovery ~Act, including
removal of obstructions to t.he free flowF of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organizations of in-
dustryv for the purpose of cooperative: action among the tradle g~roulps,
by inducing and mlaintanining united action of labor and manage-
ment under adlequate gaovernmlental sanctions and supervision, 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 rmay be temc-
porarily required), by increasingr the consumption of industrial and
agricultural products through increasing purchasing pows~er, by re-
ducing and relieving unemployment, by improvingr standards of!
labor, and by otherwise rehabilitating industry.
"'(b) Said Industry normally employs not more than 50,000 emn-
ployees; and is not classified by me as a major industry.
"L(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including wFithout limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial (or trade) association truly representative of
the aforesaid Industry; and that said association imposes no in-
equitable restrictions on admission to membership theremn.
"L(d) The Code is not designed to and ~ill not permiit monopolies
or monopolistic practices.
"L(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them
"L(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
For the above reasons this Code has been aIpproved.
HUGII S. Jorrxson,
MAeY 17, 1934.


To effect the policies of Title I of the National Industrial Recovery
Act, this Code Is established as a Code of Fasir Compet~ition for the
Cotton Pickery Indcustry, and its provisions shall be the standards
of fair competition for such industry and shall be binding upon
every member thereof.
SECTION 1. As used in this Code:
(a) The term President means the Pretsident of the UInited
States of America.
(b) The term "Administrator means the Administrator for
Indlustrial 1Recovery.
(c) The term "Act means Title I of the National Industrial
Recovery Act.
(d) The terms Cotton Picke~ry Industry and Industry "
include the business of reconditioning, reworking and/or reginning
cotton damaged by flood wet, fire, water and/or in any other mnan-
ner, and irregular cotton, whether baled or loose, whether such dam-
aged and/or irregaular cotton belongs to the member of the industry
recondlitioning, reworkiing and/or beginning such cotton or t~o
(e) The terms "' member of the industry "' and "member include
but without limitation, any individual, partnership, association, cor-
poration or other form of enterprise engaged in there industry as above
defined, either as an employer or on his or its ownl behalf.
(f) T~he term irregular cotton :includes conditioned, repacked
andl reginnred co-tton, pickings, and any other cotton not handcled in
the usual course of the cotton. trade.
(g) Thre terma conditioned means cotton which has been rebaled,
wFithoult the addl~ition of anyT other cotton, and which came from a
bale which had been opened for the purpose of drying the cotton,
which cotton has been dried. This term shall not apply to a bale
containing the regular cotton remaining after thie damaged cotton
has been removed from a damaged bale.
(h) The term "( repack~ed means cotton that is composed of fac-
tolrs', brokers' or other samples, or of loose or miscellaneous lots col-
lected andl rebaled, or cotton in a bale which is composed2 of twvo or
more smaller bales or parts of bales.
(i) The term. reginned mneans cotton that has passed through
the ginning process more than once, andl/or cotton that, after havinga
been ginned has been isu~bjected~ to a cleaniing process and then baled.
(j) The term "' picking~s meanns any cotton removed, in th~e process
of conditioning, from any bale which has been d~amageed in whole. or


in part by fire and/or water, or in any other manner, whether
reginned or not.
(k) The ter '"employee includes any and all persons engaged
in the industry, however compensated, except a member of the
(1) The term emnploy~er includes any person by whom any such
em loyee is compensated or employed.
(m) The term '"watchman" includes any employee whose prin-
cipal function is watching and guatrding thie premises anld property
of any establishment of a member of t~he .industry.
(na) The term Code Authority means that body set up pursuant
to the provisions of Section 1 of Article VTI.
BAnnrrrL; II[I--~ounrs
SECTION 1. NPo employee except as herein otherwise expressly pro-
vided, shall be permitted to work in exc~ess of forty (40) hours in
any one week, or eight (8) hours in an~y one day, with the following
(a) Executive, supervisory, technical and administrative employ-
ees, provided that they regularly receive: thirty-five dollars ($35.00)
per week or more.
(b) W~atchmen, provided, however, that they shall not be permitted
to work in excess o~f fifty-six (56) hours per week.
(c) Truck: drivers, provided, however that they shall not be per-
mitted to work in excess of fortyV-eight (48) hours per week.
(d) F'iremen and en~gineers, provided, howe~rver, that they shall ntot
be permitted to work m excess of forty-eight (48) hours per weekr;
provided further, that one and one-third times the regular hourly
rate shall be paid for all time worked in excess of forty (40) hours
per week.
SECTION 2. The maximum hours fixed in the foregoing Section 1
shall not apply to employees on emergency .maintenance and emer-
gency repair work and on emercie~s involving the prevention of
spoilage and/'or deterioration of good~s; provided, however, that anyr
employee so working beyond eight (8) hours per day or forty (40)
hours per week shall be compensated for such oveTrtime byT at least
one and one-third times his regular hourly rate, and reports shall be
made monthly to the Code Authority stating the number of hours so
worked in excess of the maxiurnu as provided herein.
SETION 3. All time worked, except by vat~chmen, on Sundays and
National legal holidays shall be compensated the rate of time and
Sacn~ow 4. No employee, except a watchman, shall be permitted to
work in excess of six (6) days in any seen (1) day period.
SECTION 5. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers in this industry, exceeds the
maximum permitted herein.
SECTION 1. No clerical or other office employee except as herein
otherwise expressly provided, shall be paid at th rate of less than


sixteen dollars ($16.00) per week: except office boys, who may be paid
t~wo dollars ($2.00) less per week; provided, however, that the nuns,
he~r of office boys so compensatedl shall not exceed five per cent (570)
of the total number of clerical or other office employees for any one
mlember; provided further, that each member of the industry shall
be entitled to at least one~ such employee.
SEO(TION 2. NO watchman shall be paid at thte rate of le~ss than
fifteen dollars ($-15.00) per week of fifty-six (56) hours.
SECTION 3. No employee except as herein. otherwise~ expressly pro-
vided, shall be paid at thne rate of less than (a) twenty-five cents
(25jC) per hour for male employees and (b) eighteen, cents (184) per
hour for female employees.
SECTION, 4. This Art~icle establishes minimum rates of pay which
shall apply, irrespective of whether an employee is actually compenl
sated on a time-rate, piece-worki or other basis.
SECT~ION 5. (a) Employers shall nlot reduce the hourly wage rates
for occupations other than common labor which are nowFp in excess
of the minimum hourly wage rates herein provided for' and shall
increase the hourly wage rates of factory employees by equitable
readjustments of all pay schedules, which will at least maintain the
differentials in full time weekly earnings existing on July 15, 1929.
(b) Employers shall not reduce the weekly wage rates of clerical
and other office employees below the wmeekly earnings existing on
July 15, 1933, even though~ the hours of employment shall have been
or may hereafter be reduced to comply with this Code.
(c) Employers shall nlot reduce, or use any device or subterfuge
for reducing, wage rates existing on July 15, 1933, of any emp~lo'e~e.
In the event that wage rates have been reduced subsequent to July
15, 1933, wadge rates existing onl July 15, 1933 shall be restored.
SECTION 6. Female employees per formmng substantially the same
work as male employees shall receive the same rate of pay as male
SECTION 7. A person whose earning capacity is limited because
of age, physical or mental handicap, or other infirmity,, may be
employed on light work at a wage below the inaim~um established
by a Code, if the employer obtains from thel s~tateP authority, desi~g-
nated by the United States Department of Labor, a certificate
authorizmng such person's employment at such watges and for such
hours as shall be stated in the certificate. Such authority shall be
guided by the instructions of the U~nited States Department of Labor
mn issumng certificates to such persons. Each employer shall file
monthly wilth the Code Authority a list of all such persons employed
by him, showing the wcPages paid to, and the mnaximnum hours of work
for such employee.
SECTION 1. NJo person under sixteen (16) years of aeshall be (8
empoe nteidsry o hl n eso ne ihen(8
years of age be em~ployetzd at operations or occupations which are
hazardous in nature or detrimental to health. The Code Alut.hority
shall submit to thae Administ~rator within sixty (60) days of the
effective date of this Code a1 list of such operations and occupations.


SECTION S. Employees shall have the right to organize and bar
gain collectively through representatives of thir own choosing, and
shall be free fro the interference, restraint, or coercion of emp-
ployerss of labor, or their agents, in the desigliation of such, repre-
sentatives or in, self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or
SECTION 3. No employee and no one seeki~np emplioymaent shall be
required as a condition of employment to join any company umion
or to refrain from, joining, organizing, or assisting a labor organize.
tion of hais own choosing.
SEcTION 4. 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 5. No employer shall reclasssify emnpo~efges orr utieso
occupations performed or engage in any other sbefg o h
purpose of defeating the purposes or provisions olf the Aict or of this
SECTION 6. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Admninistrator within six (6) months after the
effective date of this Code.
SECTION 7. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general w;orking conditions, or insurance, or fire
protection, than are imposed byr this Code.
SECTION 8. Each member of the industry shall comply with such
rules and regulations, with regard to the posting of notices, bulletins
and extracts of Code provisions, as may be fromt time to time issued
by the Administrator.
SECTION 9. Wages shall be exempt from fines, charges, and/or
deductions except with the written consent of the employee or when
required by law.


SECTION 1. There shall forthwith be established a Code Authority,
consisting of five (5) persons who shall be elected by members of
the industry.
(a) Four (4) members of the Code Authority miay be members of
the National Cotton Pickeries Association or employees of such
members; at least one member of the Code Authority shall be a
member of the industry, or an employee. of such member, who is not
a member of this Association. In the event that such non-member
is not elected, he may be appointed by th Administrator until so
elected; if such non-member can not be found, then, at the discretion
of the Administrator, the Association, with the approval of the
Administrator, may elect one additional member In which event
is Separagraph 2 of order approving this Code.


each member of the industry shall have thereafter one vote for each
of the five (5) members of the Code A-5uthority.
(b) Each member of the industry who is a member of the National
Cotton Pickeries -Association shall have one vote for each of the
four (4) members of the Code Authority who may be members of
thne National Cotton Pickeries Association or e~mploy~ees of members
of the Association; each member of the industry who is not a mem-
ber of th~e ~Association shall have one vote for the member of the
Code Authority who shall be a non-member of the As~~sociation or
an employee of such non-member. At each election the voting may
be by person, by proxy, or by letter, and such voting may be
(c) Memnbers of the Code Authority shall be elected annually by
majority vote at an annual meeting of members of the industry, held;3
for that purpose, for a term of one year; provided, however, that
the first Code Authority shall serve until the annual meeting of
members of the industry to be held in June, 1934.
(d) Members of the Code Authority shall be certified to the Adl-
ministrator by the Secretary of the National Cotton Pickieries
(e) In addition to membership as above provided, there may be
not more than three (3) members, without vote, to appointed by
the Administrator to serve for such term or terms as he may
SE~CTION 2. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall (a) impose? no inequitab-le restrictions on membership, and
(b) submit to the ALdministrator true copies of its articles of asso-
ciation, bylaws, regulations, and any amendments whrlen made
thereto, together with such other information, as to memblership,
organlizationl, anld activities as the Administrator may deem nreces-
sary to effectuate the purposes of the Act.
iECTION 3. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects com~ply'
writh the provisions of the Act, the Atldministrator ma~y prescrib~e
such hearings as he may deem proper; and thereafter if he shall
find that the Code Authority is not truly representative or does not
in other respects comply -with the provisions of the Act, may require
an appropriate modificattion1 in the method of selection of the C'ode
SECTIrON 4. Nothing continued in this Code shall constitute the
members.- of thre Code Authority partners for any- purpose. Nor
shall any mlrl~emb of the Code Authority be liable in any' mnnle r to
anyone for an~y act of any other member, officer, agent, or employee
of the Code Authority. NJor shall any member of the Code Author-
ityr, exercising reasonable dliligence in, the conduct of his duties here-
under, be liable to anyJone for any action or omission to act under
this Code, except for his own wilful, misfeasance or nonfeasance.
SEenowN 5. If the Administrator shall at anyT time dletermine that
any nation of a Code! Authority or any agency thereof may be unfair
or unljust or co-ntr~ary to the public interest, the Administr~ator may
require thant such action be suspended to affordl an opportunity for
investigation of the mer~its of such action and further consideration


by such Gode Authority or agency pending fial action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (80) days' notice to him, of intention
to proceed with such action in its original or modified form.

SECTION 6f. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other pro-
visions of this Code.
(a) To insure the exrecution of the provisions of this Code andl
provide for the compliance of- the indlustryr with the provisions of
the A~t.
(b) To adopt bylaws anid rules and regulations for its procedure
and for t~he administration and enforcement of thie Code.
(c) To obtain from members of the industryS such information
and reports as are required for the administration of the Code. I~n
addition to information required to be submitted to the Code Au-
thority, members of the industry subject to this Code shall. furnlish
such statistical information as the Administrator may deem neces-
s~eary for the puposes recited in Section 8 -(a) of the Act to such
Fedeal nd t~ate agencies as hre mlay designate; provided that
nothing in this Code shall relieve any membe of the industry of any
existing obligations to furnish reports to any Grovernment agency.
No individual report hall be disclosed to any other member of the
industry or any other party except to such other Gover~nmental
agencies as may be directed by the Administrator.
(d) To use such trade associations and other ~aEencies as it deems
proper for the carrying out of any of its activities provided for
herein, providers t~hart not~hing herein shall relieve the Code Authority
of its duties or responsibilities under this Code~ and that such trade ,
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To appoint a fair trade practice comm3iittee which shall meet
with the trade practice committee appointed under such other codes
as may be related to the industry for t~he purpose of formulating the
fair trade practices to govern the relationships between production
and distribution employers under this Code and such other codes to
the end that such fair trade practices ma~y be proposed to the Admin-
istrator as amendments to this Code and sucht other codes.
(f) To make recommendations to the Adminisrtrator for the coor-
dination of the administration of thlis Code with such other codes,
if any, as may be related to the industry.
(g) 1. It being found necessary, in order to support the adminis-
tration of this Code and to maintain the standards of fair competition
established by this Code and to effectuate the pol icy of th Act, the
Code Authority is authorized, subject to approval of the
Administrator ;
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;


(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deemr necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed byT members of the

n(c) Ater such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable
contribution as above set forth by all such members of the IndustryI,
and to that end, if necessary, to institute legal proceedings therefor in
.its o~wn name.
2. Only members of the I~ndustry complying with the Code and
contributing to the expenses of its administration as provided in
Section 1 hereof shall be entitled to participate in the selection'of the
members of the Code Authority or to receive the benefit of its volun-
tary activities or to make use of any emblem or insignia of the
National Recovery AQdministration.
(h) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industryT who
have assented to, and are complying with this Code.

SECTION 1.. Inaccurate marking.
It shall be an unfair practice and is prohibited to fail to mark
accurately and permanently all bales of cotton that haave beenr handled
to indicate the treatment which. such cotton has been givven and, in
accordance with the definitions in Article II[, under one of thle follow-
ing designations: Conditioned, Repacked, Reginned, or Pickings.
This shall not apply to a bale containing the regular cotton remaining;
after the damnaged cotton has been removed from a damaged bale.

SECTION. 1. No provision of this Code relating to prices or terms
of selling, shipping or m~arkreting shall apply to export trade or sales
or shipments for export trade.2

SECTION 1. This Code and all the provisions thereof are expressly
made subject to thne right of the President, in accordance with the
provisions of Subsection (b) of Section 10 of the Act, Ilfrom time to
time to cancel or modify anly order, approval, license, rule, or
regulation issued under said Act.
SECTION 2. This Code, except as to provisions required by t.he Act,
may be modified on the basis of experience or changes mn circum-
stances, such modifications to be basedl upon application to the Ad-
mninistrator and such notice and hearing as he shall specify, and t.o
become effective on. approval of the Presidenrt.
a See paragraph 2 of order approving this Code.



No provisions of this Code shall be so plied as to permit
monopolies or :monopolistic practices, or to elmntoppress, or
discriminate against small enterprises.

This Code shall become effEective on the second Mlonday after itsr
approval byT the 1President.
Approved Code No. 483.
Registry No. 224-02.



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