Code of fair competition for the ball clay production industry as approved on January 16, 1934


Material Information

Code of fair competition for the ball clay production industry as approved on January 16, 1934
Physical Description:
p. 165-173 : ; 23 cm.
United States -- National Recovery Administration
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Ball clay -- Law and legislation -- United States   ( lcsh )
Industries -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
"Approved Code No.207 ; Registry No.1013-04"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851177
oclc - 63654992
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Full Text

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

Approved Code No. 207

Registry No. 1013--04








This publication is for sale by the Superintendent of Documents, Government
Printing O~ffice, Washington, D.C., and by district offces of the Bureau of
Foreign and Dom~estic Commerce.

Atlanrt:1. GA.: 504 Post Office Building.
Birmingham,. Ala.: 257 Federal Building.
Boston, Mass. : 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706. 201 North Wells Street.
Cleveland. Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, lIfichl.: 801 First National Bank Building.
Houston, T'ex.: Chamber of Commerce Building.
Indianapolls, Ind.: Chamber of Commerce Building.
Jacksonv'ille, Fla.: Chamber of Commerce Building.
K~ansas City, 100.: 1028 Baltimore Avenue.
Los Angele, C'alif.: 1163 Bouth Broadway.
Louisville, K~y.: 408 Federal Building.
MUemphis. Ttenn.: 229 Federal Building.
Mlinneapois, luinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombiouse.
New~ York, N.Y.: 734 Custombouse.
Norfolk, V'a.: 40 East Plume Street.
Philadelphia. Pa.: 422 Commercial Trust Building.
Pittsburgeh. Pa.: Chamber of Commerce Building.
Portlandl, Oreg;.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Franlcisco, Calif.: 310 Custombouse.
Seattle, n'vesh.; 800) FeTeral l Oicri Building.

Approved Code No. 207



As Approved on January 16, 1934




An application having been duly made pursuant to and in full
compliance withl the provisions of Title I of the National Indlustrial
Recovery ALct, approved June 16, 1933, flor alpproval of a Code of
FEair Competition for the Ball Clay Production Industry, and hear-
ings having been duly held thereon and the annexed report on said
Code, containing firings with respect thereto, hav\inlg been made anrd
directed to thle President:
NOW, THIEREFORE, on behalf of the 1Presidelt of the U~nited
States, I, H~ugh S. Johnson, A~dmin~istra~tor for Industr~ial Rcovel~ry,
pur~suant to aut~choritiy vested in me by Executive Orders of the Presi-
dent, including Executive! Order No. 6543-A, dated Decemlberl 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 TPitle of said Act; and do hereby order that said Codle of Fliair
Compettition be alnd it is hereby approved.
A dm7in istrato~fr fo~r Indu tria-~ il Recovery.
Atlppr'ovarl Recommelded :
_D ivisio r Admlzini ist raor.
Wa.surINaron, D.C.,
Jan u~ary 126, 1934.
32301"---31 3-.3.T----34 (1(5)3

The~ W~hite Howte.
Sm~: TIhis is a report on the Code of Fair C~ompetition for the Ball
Clayr Produ~ction Industry, a hearing on which wass conducted in
Was~hingtoin on the twrelft.h of De~cemnber 1933, in accordance with the
provisions of the NJational Industrial Recovery Act.

The Code prtovides for a maxnimlum work day of 10 hours and a
maxina wor w 1 ll \I~ neek of 40 hours ,7 veragaed over a six-months period,
provided that nlo employee be permitted to work more than 48 hours
mn any~ one week. Thle following are excepted:
(a) Employees in iiuperv\isory, outside sales or clerical capacities
receiving~ $33.00( per w\eekt or more;
(b) Empllloyees eng~aged on emergency maintenance or em~ergncy
repair worIk and a limitedc numlber of employees (not exceeding 10%o
of the total n-umber of employees in each plant) engaged in several
special operantions, all of whom shall be paid at least one and one-
half times the normal rate of pay1 for t~ime worked in excess of the
mlaximumn hours1. ab~ove spc~ifPie.
T'he Code prov\ides for mlinlimumll rates of pay of $15.00 per week
foroficeemloyees and of 3 71, cents per hour in the North and 30
cents per'1 hour in the Eoulth for other employees. To the extent
prnetimbllle, wage~ above the mninimu~m are t~o be equitably read-
justed~ andc in no icase decrleasedl.
Thle emptloymnentb of persons under 16 years of age and, in occupa-
tions h3%zardouLs in natture or da~ngerous to health, of persons under
18 yearIIs of aIge is p>rohlibited.

Thi;; is a very small industry, but one which is distinct and well
organizedt. Emp~tloymentt in the industry has decreased from about
400 w~or~kers inr 1929 to about 860 at. the present time. During the
samle period, volume ofl sales hias decr~eased more than 70%b and value
of sales more than "759~.
The mamnmum wvages pronded for in the Code are more than
100%~i higher than the minimum wages patid in August of this year,
and are hiigher thian those paid ib the year 1929. It is believed that
the Code will increase the total amount paid to labor by this industry
at least 38 S$.
Thie normal work weeki in this industry has been 60 hours~ and the
restrictions on hours conitainedl in the Code will undoubtedly increase
employment. According to estimates by the industry, the increase
wlill be about 259."o


The Assistant D~eputy Admninistrator in his final report to me
on said Code having found as herein set forth and on the basis of all
the proceedings in this malrtter';
I find that:
(0) Said Code is well designed to promote the policies and pur-
poses of Title I of the Natio~nal Indcustr~ial Recovery Act, including
removanl of obstructions to the free flow of interstate and foreign
conulner~ce which tend to dimzinish- the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try' for the purpose of cooperative action among the trade groups,
by r~~induin and maintaniinin united action of Ilabor and m~anlagem~ent
under nldequnte, grovernmntlen ~ sanctions and superv\isi nb lmnt
ing unfair competitive practices, by promoting the fletpsil
utilization of the present produictiv-e capacity of industries, by avoid-
ing undue restriction of production (except as may be temporal~rily
requiredd, by increasing the consumption of industrial Eand agri-
cultural products thi~roughl inc~reasil~rng prchasing power, by reducing
andl re~lievinga unemployment, by improving standards of latbor, andi
by otherwise rehabilitating industry.
(b) Said Industry nor~mally employs not more than 50,000 em-
.ploy'eesi; and is not classified by m7e as a major industry.
(c) The Code as approved complies in all respects wi~th the perti-
nent provisions of said Title of said Act, including wvithnout limaita-
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 afor~esaidl
Indusltry; and that said association imposes no inequitable restric-
tions on admnissionr to membership therein.
(d) The Code is not designed to and will not permit monopolies
or mnonopolistic practices.
(e) The Code is not designed to and wopill not elimlinate or oppr~essj
small enterprises anrd will not operate to discriminate against then.
(f) Those engaged in other steps of the econromric process have not
been dleprived of the right to be heard prior to approval of said Code.
F~or these reasons, thlerefore, I hav\e approved this Code..
Res pec tf ully,
Heane S. JoBNson,
J ANUAny1 16, 1934.





To etfeetua~te thle p~olicies of Title I of the National Inidustrial
Recovery Act, t.hie following prIovisions are esta;-blished as a Code
of Fair Competitioni for the BUll Clay Productionn Industry, andi
shall be bindliing upon every mrembler thereof.


The terml -- Indulstry! as usedl her~ein includlesc thle aggregate of
those opl-eratio~ni of each pr~oducer necessary for thle production and
sale! of clay' by such pr~od-uccr wheree the ess~ential recoverable prod-
uct therecof is Buill Clay.
Thre terml Employee' a usedl her~ein includes anyone engaged
in the industryl~ il anyi~ capacity' receiv~ing compensat~ion for his serv-
ice~s, irrlesec~tiv- e of t'he nasture or method of payment of such com-
penSationl, except.b a miembier of thle Industry.
The termi '' Emrploer as usiedl herein includes anyone by w~hom
such~l emlployec~e is compenl~nsated or emiployedl.
Thle termi1 "- M l~embe of the Industry "~' includes any one engaged
in th~e indullstry a;S abOve definerd, either as an employer or on his
owvn b~ehalf. except thati it shanll niot include contr~acto~rs as herein
TheI termi ''Aw.ociatio nl' a used hereini shall miean th~e United
States Ball C`lay PIroducers' Assiociation.
TIhe termi1 '. cort~ntrtor as used herein includes all those. strip-
ping~ or~ p""roducing~ ball c~lay under contract for a member of the
inidusryl eithier fr~omi minies owledt by the contractor? or from mines
ownedi~ by th~e muembrci of thle indul~stry~ for whom such stripping or
prodlucing is d~onle.
The te!lrm ",- Southern~l Arlea~ "~ passed herein includes Virginia,
K~entlc~ky, and ll s11 states souithi ther~eof and east, of the M~ississip~pi
River and alsol thant portion of thie ~State of M~issouri southl of the
37thi paranllel andl east oif the 91st mleridian.
The~ te1rm NorIthlern Ar~ea as uscedl herein includes all the United
States onl thc Noriithi Amer'ican C'ontinenit except thiat part included
in the SouthernIr Aren.
The terms Pl'residentjl ", ''Act ", and "A4dministrator as used
hierein shall mnean r~espectively the Presidlent of the United States,
the Nratioinal Indcustr~ial Recovery Act, and the Administrator of
Title I of said Act.


ARTzcsIC Jr1-31A I 3LI ROnRS

SECTION 1. Excep~t as pr1ovidedl in Selctions 2 and 3 of this A~rtricle,
no emplloy'ee shall be pellrmittedl to w\ork in excess of for~ty? (403) hours
per weeki averagSed overi a? emlliannuall p~eriodc either fromll Januar~y 1i
to June 30, or fr~om July 1 to December 31, and the ma xinnun hlourls
of w-ork for anly emuploee: during any one week shall not exsceed
fort~y-eight. (48); no employee shall be! permitted~ to w~orkI in excess
of ten (10) hours in any twrenty-foulr (24) hour per~iodl.
SEC. 2. These lllithfiOllS; RS t0 hours of labor shall not apply to
persons employed in supervisor~y, outside sales, or clerical capacities
receiving~~P a fxd ~salary at the rate of thirty-five ($33.00) dollasm
1SEC. 3. Thle maximnuml hours established~r in Sec-tion 1 of this Article
shall not. apply\ tor arnyr mployee\ on eme1rgency maintenance or Clleme-
gency repa~ir work invonlving breakd~owns or protec~tionl of lifec or
p~roperty;~ nor shall they apply to a limited number of emlployees
(not exc~eeding 10Se of the total number of employees in ealch plant)
engaaged in thle operating, mlaintenanice, or firing of power shovels,
andr cranles, engaged in car loading and engagedl in operations which
must be performed before anid after the regular working hours; but
in any suchl special cases, at least one anld one-half times thle nolrml~
rate of pay shall bet paidl for time wrorkzed in excess of the mn xinuoul
hours hierein established.
SEC. 4. NTo employers shall kllnoingly engage anly employ ee for anIy
timne which~, wh~en totaled~ with that already per~formlled wlthl alothe~r
emlployer, or employers, exceedls th-e maximum hours permittedi
SEC. 5. Any emlplover who does the work of an employee shall be
.subject, to t.he provisions of this Code as to hours of labo.r.
SEC. 6. All Wag8Fe sShall be paid~ at least tw-ice per owlrnth andc all
salaries at least once a month in lawful r-urrlency or negotiable
chlecki; these wn~ges shall be exempt. frocm any\ payments for petnsions,~
insurance, or sick; bnefits other tha~n those voluntarily linid by thle
wage earnlers or r~equir~ed by law.

SECTIONV 1. NO emplloyee in the N~orthern Area, shall be paidl at
less than thle rate of th~irty-seven and one half (371/3) cents per hlour.
SEc. 2. No employee in the Southern ~A~rea shall be paid at les
than thle rate of thirty (30) cents per hour.
SEc. 3. This Article establlishles a mainimum rate of pay which
shall apply irrlespective~ of wh-lether an. emuployree is actually com-
pensated on a timle-rate, piecewollrk, or other basis.
~EC'. 4. The -a~ge tiffl~eentitll s for tilOSP employees receiving
wages abov-e thle minimm shaltoth extent pr~acticable. be
equitably readjusted, and in no case shall they be decreased. No
unfair advantagae shall be taken of any emp~loy-ee in making this
Codle effective.
SEC. 5. No offce or cler~ical emp~loyeei shall be paid less than fifteen
($15.00) dollars per wFeek.



SECTI.ON i. NO 1)erson0 under sixteen (16) yearS of age shall be
employed in the industry. No person under eighteen (18) years
of agre shall be emnployed in the industry at operations or occupa-
tions w~hic~h are ha1zardousiil in nature or dangerous to health. The
Code Aulthlority shlall submllit to the Administrator within one
months after the effective dlate of this Code a list of such operations
or occu1pations, if there be any such. In any State an employer shall
be deemlled to hav\e comipliedl with this provision as to age if he shall
have on f'ile a certificate or permit duly~ issued by thle Authority
in suchl State emnpow~ered to issue emnploymnent or age certificates or
permits show~ing tha~t the mlployee is of the required age.
SEc. q. (3) Emnployees shall h~ave the right to organize and bar-
gain colle~ctively, through representatives of their own choosing,
and sha~ll be freer from the: inter~ferenice, restraint, or coercion of
employers of labor, or their agents, in the designation of such rep-
resenltatives, or in self-organization, or in other concerted activities
for thle purpllose of collective bargaining or other mutual aid or
(b) No empllloeee andi no one seeking emiploymient shall be required
as a condition of' employmentt to join any company union or to re-
fra~cin from joining, organiizing, or assisting a labor organization of
his ow~n chioosing,. andl
(c:) EmIPloy'ers shanll comply w~ith the: mnaimumn hours of labor,
mlinlimumll rantes of pay~, andi other conditions of emnploymlent ap-
proved or pres~cribedl by the President.
SEC. 3. NO emiployeri shall reclassify employees or duties of occu-
pations p~erformed- or' engage in azny other subterfuge for the purpose
of defeating~ the provisions of the Act or of this Code.
SEC. -1. No member of the industry shall uise a contractor for strip-
ping or for thle production of clay unless the contractor complies
with all the labor provisions of this Code in regard to employees
used ini the production of such clay, and in such stripping opera-
t~ions. For all other purposes of this Codle, the employees of such
contr~torils, used in t~he stripping or in the production of such clay,
shall be treated and considered as employees of the member of the
indus~try taktingi the elay pr1oducedi b~y such contractor or for whorn
such str~ipping is done.
SHC. 5. No pro'ision1s inl this Code shall supersede any law wFithin
any State whlichi imposes miore stringent requirements on employers
as t'o age o~f emp~loyees, wages, hours of work, or as to safety, health,
or sanitary conditions, or insurance, or fire protection, or general
worklingr conditions, than are implos~ed by this Code.
SEC.. G. All employers shall post complete copies of this Code in
consp~iceno-us places nc~essible to employees.

SEC'TIoN i. T0 flllftllr eifectunte tile policies of the Act, the Board
of D~irector~s of th~e Assoc~iation is hereby constituted the Code


SEc. 2. The Code Auth~orityr shall colnsist of thle same number of
members as the Board o.f Di~ec~tor~s of thle Assnecintion whichc. shall
be six (6) in num~ber on thec effective date of this Codle), or suchl
other muinber as may\ be appIrovedl fr~om time to time by the Admilinis-
t.r~ator, to be selected aIs hereinafter prlovided. The AdmI Ii nIistrIa t or,
in hiis discretion, may appoc-int not molr~e than three (3) addcitionalI
members wFithlout v'ote, to re~pr~esent the Administirator,, or su~ch groups
or interests as may be agredc~ uponi,li without exp~en eC to thel industryl'.
SEC. 3. Eachl member of ther indu itry becoinglil a unembert~l of th~e
Association, shall1 be e~ntitledr to elect o~ne d.rtctor of that Assnein~~~-
tion, andi thnt. member shall facrto becomelnc a membellnr of the Codet
SEC'. 4. All those engaagedl in the industry may b~c~omlc memberlt~~s
under andi participate in thle a~dminist ration of thiis Code by becr.Oml-
ing members of the Assiociation. Sa~idt Assocliation shall (1) impos~e
no inlequit~able restrictions oiln membershipp and (2) subnut to the
Administrator true cop~ies of its articles of as~sociationr, bylawcus, regu-
lations, and any amnendlmentsi when made thereto, together withrr such
other information as to membe~ir lup,~ o~'ranlizationl, andc ac~itines as
the Adlministrator may deeml necessarily to effectuawte the purpos,-e of
the Act.
SEC. j. In Order that th~e Code ~Authority shall at all timle., be truly
representative of the industry anid in, other resp~ec~ts comply wvithl the
provisions of t~he Act, the Adminlistrautor may provide such hea~rins
as he may deem proper: and there fter. if he shall ~find that thle Cod
Aulthority is not truly r~epr~esentative or does~ not in other r~ecipects
comply with t~he provisions of thle Act, may requ~liret an appr~opriaite
mnodifiention in the method of selection of the Code Aulthor~ity, or
any sub-Code Authority.
SEc. 6. The Secretary and the Treasurer, respectively, off the
Association shall act as suchi officers of the Code Authlority.
SEC. 7. The expenses of administering the Code shall be borne by
thle members of the Association. Inl addition. to the dues colltrected
by t~he Association as such, thle Code Authority may from time to
t~ime make such assessments on account of such expetnses against the
members of the Association as it. shall deem proper~, andt such~ assess;-
ments, subject to review andi modification of thet Admllinist rator, shallI
be equally dlivided between and be borne by the members of the As-
sociation, and shlall be payable as the Code Au~lthorlity' may sp)cify'.
Failure of any members of the Association to pay~ the amount of any
assessment against such member for a period of thirty (30) dlays
after the date on whichi it, became payable, shall conlstitulte a violation
If the Clode.
aEc. 8. The Clode Authority shall have, the following p~owers andc
duties to the extent permitted by thbe A~ctl subject to the r~ight of thez
Administrator, on review, to disapprove or modify any action taken
by the Code Authority:
(a) From time to time, to ap~point and r~emove, and to fix the con--
pensation of all such other officers, agents, employees, accouintants,
attorneys, and experts as thle Code AuthorityS shall dee mnecessary
fo h(b) To: receive complaints ups of vdiitrn teCol;iolations of this Code, ma~ke inr-
vestigations thereof, provide hear~ings th~er~eon and adjust such com-


plaints and bring to the attention of the Administrator for prosecu-
tion, recommendations, and other action relative to unadjusted
(c) To coordinate the administration of this Code with such other
Codes. if any, as may be related to the industry, and to delegate to
any other administrative authority, with the approval of thle Admin-
istrator, such powers as will promote joint and harmonious action
upon matters of common interest;
(d) To initiate, consider, and miake recommendations for the modi-
fication or amendment of this Code;
(e) To obtain froml members of the. industry such reports andi
such other information as many b~e necessary or convenient for the
use of the Code Authorityr and the Administrator in the administra-
tion andc enforcement of the Code and to give assistance to members
of the industry in improving methods, or in1 prescribing, with the
appr~ovnl of the Administrator, a uniform system of accounting and
reporting. In addition to the information otherwise provided for
in this Code to be submitted to the Codle Authority, there shall be
furnrished to Gov~er~nment agencies such statistical information as the
Admninistratorr may deem necessary for the purposes recited in See-
tion 3 (a) of the National Industrial Recovery$ Act; provided that
niothingr in this Code shall relieve any member of the .Industry of any
exiisting obligations to furnishl reports to any Governmnentt agency.
SEC. 9. Nothingr contained in this Code shall constitute the mem-
bers of the Code Author~ity partners for any purpose; nor shall any
member of the Codle Authority be liable in any manner to anyone
foranyact of any other member, officer, agent;, or employee of the
CodeAuthorit; nor shanll any member of the Code Authority,
cexercising reasonable diligence in the conduct of hiis duties as such
miember, b~e liable to anyone for any action or omission to act, except
for his ow~n nonfeasance of malfeasance.


SECTION 1. h'Othinlg in this Code shall limlit the. effect of any adju-
diention by the courts or holdings by thle Federal Trade Comm~ission,
on comnplamnt, finding, and order, that any practices or methods are
unaiprovided` t.hant such adjdicarition or hollding is not inconsistent
wICith any provision of thle A~ct or of this Code.
SEC. 2. In the event any specific trade practice rules hereafter be-
comae necessary they (nay, upon recommendation to and approval
thereof by the Administrator, be made a part of this Code in the
manner hereinafter provided for amendments to this Code.
SEc. 3. A violation by any member of the industry of any provi-
sion of this A-rticle or the engaging in any practice hereafter de-
clared by~ the Codle Aluthority, wit~h the approval of the President, to
be an unfair trade practice, shall be a violation of this Code.

SEc~TION i. Thli9 Cod~e and all the provisions thereof are expressly
madle subject. to the right, of the President, in accordance with the
provisions of subsection (b) of Section 10 of the National Industrial


Recovery Act, from~l timle to time to cancel or mod~cify any order, ap-
p~roval, license, rule, orl r-egula~tion~ inuedjt under Title I of said Act
and specifically .b~ut w-ithoc~ut limlitutionl, to the right of the Pr~esident
to cancel or modlify his appr~ioval of this Code or any condl~itionsj imn-
posedl by him uor h~O~lis alpprovajll there~of.
SEC'. 2. ThlS C'offe, eXrelt aS tO pfOIrc, lo~cll-; rfcllived by the Ac~t,
mnay be m~odlifiedc~ or1 amended~l~~ on the bas:7i- of experience or changes'C~
in circumnstancesll1 .such moification or ameniid mecnt to be basedl uplon
application to the Admrinistratorr and such notice and hearing as he
shall siecIfy. andl to- b~comellc eff~c~ctive on approval of the President.


No pr~ovisio~n of thiis C'ole .shall be so app~liedt as to pe~rmit Illmnop"-
hies or moniopolistle prac~tices, or to elimiinate, oppress, or discrimri-
nate against. smllR1 enterpr~ises.


W\her~eas the polir cy of thle Act to inlcreasec reall purchasing power
will be madc~e impossib~le of col~nsummation if prices of goods atnd
services increase as: raidilyg as wages, it is r~ecognizedl that price in-
creases except such ats mlay be reqiuil~re to meet individual cost should
be dlelaved-. But w~hel ln mae such increases shouh1l, so far as possible,
be lim~itedl to actual additional increases~ in the seller's costs.


This Codelt shall be~ome~ etfc~ctiv'e onl the second Monday after its
approval by the Presidlent.
AprlvJ~c\''- C.'del Sn. 207.
Registry? No. 101413(.

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