Code of fair competition for the coated abrasives industry, as approved on December 30, 1933 by President Roosevelt

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Title:
Code of fair competition for the coated abrasives industry, as approved on December 30, 1933 by President Roosevelt
Physical Description:
p.549-557 : ; 23 cm.
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English
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United States -- National Recovery Administration
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Supt. of Documents
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Washington, D.C
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Subjects / Keywords:
Abrasives industry -- Law and legislation -- United States   ( lcsh )
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federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Also available in electronic format.
General Note:
"Approved Code No.189 ; Registry No.1001-02"

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University of Florida
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All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851310
oclc - 63654956
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Full Text

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


Approved Code No. 189


Registry No. 1001--02


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

COATED ABRASIVES

INDUSTRY

AS APPROVED ON DECEMBER 30, 1933
BY
PRESIDENT ROOSEVELT






n--7NAMBER


1. Executive Order
2. Letter of Transmittal
3. Code


UNITED STATES
GOVERNMIENT PRINTING OFFICE
WASHINGTON :1934























This publication is for sale by the Superintendent of Documents, Government
Printing Office. Washington, D.C., and by district oflices of the Bureau of Foreign
and Domestic Commerce.
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Approved Code No. 189


CODE OF FAIR COMPETITION
FOR THEI

COATED ABRASIVES INDUSTRY

As Approved on December 30, 1933
BY
PRESIDENT ROOSEVELT




Executive Order

An application having been duly miade, pursuant to and in full
compliance with the provisions of T'itle I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair C~ompetition for t~he Coated Abrasives Industry, and hearings
having been held thereon and the Admninistrator having rendered hisa
report containing an analysis of the said Ciode of Fair Competition
together with his recommendationss and findings with respect thereto,
and the Administrator having found that. the said Code of Fair Com-
petition complies in all respects with the pertinent provisions of
Title I of said Act and that the requirements of Clauses (1) and (2)
of subsection (a) of Section 3 of the said Act have been met:
NOW, THEREFORE, I, Franiklin D. Roosevelt, President of the
United St~ates, pursuant to the authority rested in me by Title I
of the National Industrial Recover~y Act, approved June 16, 1983,
and otherwise, do adopt and approve the report and recommenda-
tions, and findings of the Admniistrator and do order that the said
Code of Fair Comipetition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended :
HUGH L. JOHNSON)
Adminiiist rat or.
THE AfHITE HOUlSE,
Decem~zber 30, 1933.
25885" -2-96-73---33 (5419)












The PRESIDENT, CWBE1413.
The Wh~iite House.
SIR: This is a report on the Code of Fair Competition- for the
Coated Abrasives Industry in the United States, the hearing having
been conducted in WClashington on October 5, 1933, in accordance with;
the provisions of the National Industria~l Recovery Act.
PROVISIONS FOR HROURS AND WAGES

The maximnumi hours provided for factory workers are 40 per
week and 8 per dlay, except during peak periods when 36 additional
hoursu will be permitted in any 3 months' period but not more than
48 hours in any one week. Time and one half for hours in excess of
401 per week andl 8 per day will be paid to the above employees.
Exceptions to the above hour limitations apply to employees on main-
tenance work w-ho will be limited to 44 hours in any 3 months' period
and 48X hours in any one week, to the Coating Department where
w~orkrers using per~ishable glue will ~e! permitted to work 48 hours a
week. Employees on emergency work, executives, supervisors, and
salernmen are not limited in hours. Shipping crews will be limited tb
48 hocurs a week, and will be paid the one and a half rate for time in
excess of 44 hours a7 week and 9 hours a day. Office employees will
be limited to 410 hours averaged over a 3 months' period and 48 ours
in any one: week, and watchmen to 56 hours.
The minimum wmage to factory workers will be 40 cents an hour
except on light work for which male employees under 18 years and
female employees will be paid a minimum of 35 cents. On other
than light work, female employees and male employees, under 18
years, will be paid the 40-cenlt minimum.
CH-ILD LABOR

The minimumln age of employees will be 16 years, except in hazard-
ouis occupations, where the minimum will be 18 years.

ECONOMIC EFFECT OF CODE

The 420-hour normal week as provided by the Code annd put into
effect after June 16, 1933, has added 435 persons to the 1,051 em-
ployees in Julne 1933 a 40 percent gain. This present number is 247
more than in 1929, wh~ien the working time averaged 50 hours a week.
In spite of a drop in sales volume fromt $15,000,000 in 1928 to
$10.000,000 in 1932, or 33 percent, employment has actually increased
in t his mndust ry.
The wage rates provided by the Code will increase the minimum
pay for female employees and male employees between the ages of
16 anld 18 ears. raise the minimum for all other operations, and
will result in an app~reciably higher average for all workers in the
industry.
(550)






551


FINDINGSJ

The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the. Act, includling, without limita-
tion, subsection (a) of Section 7 andc subsection (b,) o~f Section 10)
thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admiission to membership therein and is truly representative of thle
Coated Abrasives Industry; and that
(c) The Code as recominend~ed is niot designed to promote monop-
olies or to elimiinate or oppress small enterprises and w~ill not operate
to discriminate against them, and wFill tend to effectuate the policy
of Title I of the National Industrial Recoveryl Act.
It is recommended, therefore, tha~t this C'ode be apprloved.
Res pect fully,
HUcu S$. JOHINSON,
Ad mnzinist rat or.













FOR THE

COATED ABRASIVES INDUSTRY

AnnTCLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Coated Abrasives Industry, and upon
approval by the President shall be the standard of fair competition
for such industry and shall be binding upon every member thereof.

ARTICLE II-DEFINIIMONS

The term Coated Abrasives Indu~stry or Industlry as used
her~ein includes the manufacture of Coated Abrasive Products com-
prising a backing of paper and/or cloth or other cellulosic backing
In which a coating of abrasive grains is bonded to the backing by
means of an adhesive after t~he manner of sandpaper and other
products incidental or co~rrelated thereto.
The term "' Member of the Industrly as used her~ein includes any
manufacturer who shall be subject to this Code.
The term '' Emnployee "! as used herein includes anyone engaged in
thle Indlustry in any capacity receiving compensation for his services,
irrespective of the nature or method of payment of each cormpen-
SablOn.
Thle term Employer as used herein includes anyone by whom
any employee is compensated or employed.
The termn '"Administrator "! as u~sed herein means the Admninistra-
tor of Title I of the National Indcustrial Recovery Act.
The term~i Member of the Code as used herein includes any
member of the Induistry who shall expressly signify assent to this
Cod~le.
Thle term "Aict "! as usedl herein means Title I of the National
Industrial Recovery Act.
Thle tern "' President as used herein means th~e President of the
United States.
Population for the purposes of this Code shall be determined by
reference to the 19330 Feder~al Census..

ARTICLE III Hon~s

SECTION 1. No employee shall work or be permitted to work in
excess of forty (40) hours in any seven (7) day period or in excess
of eight (8) hours in any twenty-four (24) hour period, except as
follows :
(a) Employees in a manlage~rial, executive, or supervisory capac-
ity (not including under for~emen or bosses engaged on production
(552)


CODE OF FAIR COMPETITION






553


work) receiving not less than thirty-five dollars ($335.00) or more
per week, and employees engaged on emergency maintenance and
emergency repair work involving breakdowns or protection of life
or property, and commercial traveling salesmen.
(b) Accounting, clerical, office, service, and sales employees, who
may, except,. as hereinafter provided, be permitted to work not mnore
than a maximum week of forty (40) hours averaged over at three
(3) month period; provided, however, that such employees shall not
be employed more than forty-eight (4)hours in a~ny one week.
(c) Factory and mechanical workr and artisans, who during
periods in which a concentrated demand upon any division of the
Industry shall place an unusual and temporary burden for pr~oduc-
tion upon its facilities, shall be permitted to work not more than
thirty-six (36) additional hours in any three (3) months period,
but not more than forty-eight (48) hours in any seven (7) day
period.
(d) W\atchmen who shall not be permitted to work inl excess of
fifty-six (56) hours in any seven (7) day period.
(e) Employees on automotive or horse-drawn passengers,? express,
delivery, or freight service, including shipping crews, who shall be
permitted to work such hours as may be necessary, but not in ex-
cess of forty-eight (48) hours in any seven (7) day period; pro-
vpided that such employee shall be paid at the rate of not. less than
one and one half (14/) times their regular hourly rate for all hours
worked in excess of nine (9) hours in any twenty-four (24) horur
period, or forty-four (44-) hours in any seven ('i) dlay period.
(f) Engineers, firemen, water tenders, and oilerLs, who may be
permitted to work an average of forty-four (44) hours in any
three (3) month period, but not in excess of fortyr-eight (48) hours
in any seven (7) day period.
(g) Employees engaged in coating operations, who mnay be per-
mitted to work a maximum of forty-eight (48) hours per week(,
during any period when raw materials used in such operation miay
be subject to deterioration and consequent loss.
SEc. ". Any employee, included under Section 1 (a). (c), (f),
and (g) of this Article III, except employees in a managerial, exs-
ecutive, or supervisory capacity and commercial travepllinga salesmien,
working in excess of eigTht (8) hours in any twenty-four (24:) hour
period or in excess of frty (40) hours in any calentlar w~eeki, shall
be paid for such excess hours not less than one andi one half (1%/)
times the regular hourly rate of such employee.
SEc. 3. If any employee works for more than one employer, no
such employer or employers shall permit such employee to work for
a total number of hours in excess of the number of hours prescribed,
and all employers in the Industry shall exercise due diligence to
carry out the purposes of this Section.
SEC. 4. NO employee shall be employed for more than the maxsi-
mum number of hours hereinabove provided, whether by one or mnore
employers; provided that if any employee should be employed by
more than one employer for an aggregate period in excess of such
maximum without the knowledge or connivance of anyv one of such
employers, such employer shall not be deemed to have violated this
Section.






554


ARTICus IV-1YAGES

SECTION 1. Except as hereinafter provided, no male employee
eighteen (18) years of age or over, shall be paid at a rate of less than
forty (4l0) cents per hour; and no male employee, between the ages
of sixteen (16) and eighteen (18) years, who is engaged in light work
such as inspecting, counting abrasive and other hight sheets, making
light packages, stenciling and stamping the sheets and placing them
in reamns, nor any female employee engaged in such~ light workr shall
bepid at. a rate of less than thirty-five (35) cents per hour.
Oe~Ec.~ 2. Female employees, and male employees under eighteenz (18)
years of age, performing substantially the samne wrork as male em-
ployees. eighteen (18) years of age and over, shall receive the same
rate of pay! as suIch male employees, eighteen (18) years of age and
O\er.
SEC. 3. Except as hereinafter provided, the minimum wage that
shall be paidl to any accountant! clerical or office employee (.not in-
cluding traveling salesmen), shall be fifteen ($15) dollars per wFeek
in anyi city of over 500.000 population or in the imlmedliate trade
area of such city; not less than fourteen dollars and3 fifty cents
($14i.50) per w\eek in any city of between 250,000 and 500.000 popu-
lation or in thle immiediate trade area of such city; and~ not less than
fourteeni ($14) dollars per' week in any city of between 2,500 and
250,000 population or in the imnmeliate trande area of such city. In
towns of less than 2,500 population, all wages of such employees
shall be increasedl not. less than twenty (20) percent, provided that
this inclreae shanll not require wrage's inl excess of twelve ($12)
dollar's per w\eek.
SEC. 4l. Office boys and girls and messengers shall be paid at a
rate of niot less than eighty (80) percent of the minimum salary
pr~ovideld inl Section (3) of this Article IV, provided that such office
boys andgirl'l andC messengers so paid shall constitute not more than
five (5) per'cenit of the total number of employees of any one em-
ployerr; but in any case, such employer shall be entitled to employ
two (") such employees.
SEC'. 5. Thlis Article IV' establishes a minimum rate of pay, re-
gardlesis of whcther the emnploeee is compensated on the basis of a
time-rate or a pieceworke performannce or otherwise.
SEC'. 6. -A I)eSOHI W~OSe eaninng capacity i.s limited because of age
or physical or mental handicap may be employed on light work at
a wage belowr th~e minimurm established by this Code if the employer
obtains froml the State auithority designated byv the United States
D~epar~tment of Labor a certificate authorizinga his employment at
such wag~es and for suchl hours as shall be stated in t.he certificate;
providedl thiat such employees so paid shall constitute no more than
five (5) percent of the total number of employees of such employer;
but inl any case such employer shall be entitled to employ two (2)
such emplloyees. Eachi employer shall file with the Code Authorit~y
a list of all such persons employed by him.
SEC. T. The wage rates for all operations and duties shall be
equitably adjusted when thiis Code becomes effective, and in making
such adjustments in no case shall the hourly rate be decreased.
Each member of the Industryr shall report all such adjustments to
the Code Authorit within 30 dlays of the effective date.






555


SEC. 8. NO members of the industryy shall reclassify any employee
or duties or occupations performed by such emp~loyee so as to defeat
the purposes of the Act. In determining his classification under
this Code, each employee shall be entitled to claim the benefits of the
cla~ssification of occupation existing on June 16, 1933.

ARTICLE VT-CHLDn LARon

No person under 16 years of age shall be emp~loyed in the indlustry.
No person under eighteen (18) years of age: shall be employedc at
operations or occupations which are hazardous in nature or danger-
ous to health. The Code Authority shall submit to th~e Admninistrattor
before February 1, 19341, a, list of such operations or occupations.
In any St~ate an employer shall be deemed to have complied with this
provision as to age if he shall have on file a valid certificate or permit
duly signed by the Authority in such Sta~te empowered to issue
employment, or age certificates or permits showing that th~e employee
is of the required age.
ARTICLE VTI GENERAL LABon Pnov.ISmINs

SECTION 1. Emiployees shall have the right to organize and bar-
gain collectively th rou gh representatives of their ow-n choosing, and
shall be free fomi the interference, restraint, or coercion of emn-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concer~ted activities for
the purpose of collective barganininga or o~ther mutunl Aid or protec-
tion.
SEC. 2. N~o employee andi no one seeking~ emlploymnent shllH1 be
required as a condition of emnploy~ment to jomn any company union
or to refrsmn from joining, orgaruzing, or assisting a. Inbor organiza-
tion of his own choosing.
SEC. 3. Every employer shall make reasonable provision for the
safety and health of his employees at the place and during the hours
of their employment. Standards for safety and health shall be sub-
mitted by the Code Authority to the Administatrato for aIppr~oyda
within six (6) months after tlie effective date of this Code.
SEc. 4. Employers shall comnply with the maximum hours of In7bor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
S~EC. 5j. Within each State this Clode shall not supersedeP any laws
of such Sitate imposing more stringent requirements on employer
regulating the age of employees! wages, hours of work(, or health,
fire, or general working conditions than under this Code.
SEC. 6. Each~ employer shall post in conspicuious pheAes full copies
of this Code.
ARTICLE V'I I--A~D M INuI STRATI(ON

SECTION 1. For the purpose of carrying into effect the policies set
forth in the National Industrial Recovery Act, the Board of Direc-
tors of the Coated Abrasiv-es Association, and additional membership
including not more than three (3) members without vote, to be ap-
pointed by the Admninistirator if he so desires, shall constitute a






556

General Planning Commiittee which shall be known as the Code
Authority of t~he Codted Abrasives Industry. The President of the
Coated Abrasives Association shall preside over the Code Authority,
but shall not be entitled to vote.
No decision of the Code Authority shall be binding unless con-
curred in by 51 percent of the members thereof, provided that at
least onie members representing less than 20 percent of the volume
in dollars of net sales shall be included in thle 51 percent, and mem~-
bers representing 75 percent in volume in dollars based upon the
preceding year's volume figures in dollars as shown by the records
of the Conted Abrasives Association.
SEc. 2. Enchl trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall: (1) ~Impose no inequitable restrictions on membership, and
(2) submit to the Admninistrator true copies of its articles of asso-
ciation, bylaw~s, regulations, and any amendments when made thereto,
together with such other information as to membership, organization,
and activities as the Administrator miay deem necessary to effectuate
the purposes of the Act.
SEC. 3. In Order that the Code Authlority shall at all times be
truly representative of the Industry and in other respects comply
with thie provisions of the Act, the Admninistrator miay provide such
hearings as he may deem proper; and thereafter if he shall find that
the Codle Authority is not truly representative or does niot in other
respects comply with thle provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority.
Any member of th~e Industry wFho is not a member of the Coated
Abrasives Association may secure r~epresentation on the Code Au-
thorityr by accept ting his ,Pfroper pro rata share of the. cost of crea-
tion and admimlnstration o the Code and his share of the responsi-
bility of such administration.
STEC. 4. The C'Onstitution and Bylaws of the Coatedl Abrasives
Association sha~ll not be amnended so as to impose any inequitable
restrictions upon membership therein.
SEc. 5j. Any memb~ner of the Industry mnay participate in the
preparation of any' revisions of or additions to the Code by accept-
ing his proper pro rate share of the cost of the creation and admin-
istration of the Code and his share of the responsibility of such
admiinistrationi, or by becoming a member of the Coated ALbrasives
Assoc i a tion.

ARTICLE VIII-Swerines~

The Code Authority shall collect and compile all reports required
by the NIational Indlustrial Recovery Act. Members of the Industry
shall furnish such reports to the Code Authority.
In addition to the information required to be submitted to the
Code Author~ity, there shall be furnished to government agencies
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act.






5571


ARTICLE IX--luOrona

The Cloated Abrasives Industry is making a special study of the
conditions surrounding the importation of C~oated Abrasives into the
United States of America. In due course and from time to time it
mnay submit complaints to the President of the United States show-
ing in detail the kinds of Coated Abrasives which are being imported
into the U'nited States in substantial quantities. Such complaint or
complaints will include a request pursuant t~o the laws in such case
made and provided, that appropriate steps be taken by h rsdn
to the end that such importations of foreign CoatedAraieshl
not defeat t~he purposes of the National Industrial Recovery~ Act and
the provisions of this Code in furtherance thereof.
ARTICLE ?(-RTONOPOLJEs

No provision in this Code shall be interpreted or applied in such
a manner as to (a) Promote monopolies; (b) Permit or encourage
unfair competition; (c) Ehmiinat-e, oppress, or discrimninate against
small enterprises.

ARTICLE XI nlODIFICATIONS

SECTION 1. This Code an'd all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of Title I of the National Industrial
Recovery Act, to cancel or modifyv any\ order, approval, license, rule,
or regulation issued pursuant to the pr>1ovisions of saidl Act. and
specifically, but without limitation, to the right of the President to
cancel or modify his approval of this Code or any conditions im-
posed by him upon his approval ther~eof.
SEC. 2. Such1 provisions of this Code as are not required by the
National Industrial Recovery Act to be included therein, may wi th
the approval of the President provided such approval be required)
be modified or eliminated by a vote of 51 percent of the members of
the Industry, provided that at, least, one member representing less
thlan 20 percent of the volumne in dollars of niet sales shall be included
in the 51 percent, and members representing 75, percent inl volumlle in
dollars of net sales based upon the preceding year's voluime figures in
dollars, at, a meetings to be called upon ten days' notice by thie
Coated Abrasives Association.
SEC. 3. This Code shall continue in effect for the period pr~ovided
in the National Industr~ial Recovery Act, unless sooner terminated
in accordance w'ithl the law in such case made and provided.

ARTICLE XII--EFFECTIVE DATE

This Code shall become effective on the second M~onday after its
approval by the President.
Approved Code No. 189.
Registry No. 100)1-02.




UNIVERSITY OF FLORIDA
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3 1262 08486 8511