Code of fair competition for the fishing tackle industry as approved on August 19, 1933 by President Roosevelt

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Title:
Code of fair competition for the fishing tackle industry as approved on August 19, 1933 by President Roosevelt
Portion of title:
Fishing tackle industry
Physical Description:
vii, 5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Fishing tackle industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1657-1-03."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938042
oclc - 649402969
System ID:
AA00006572:00001

Full Text




Registry No. 10571-1--03



NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


FISHING TACKLE INDUSTRY


g* 1
For sale by the Superintendent of Documents, Washington, D.O. - Price 5 cents


AS APPROVED ON AUGUST 19, 1933
BY
PRESIDENT ROOSEVELT


I____~C r_ ___~
LJ'?i~', ;. .e


I~w DO- OUR PART


i. Executive Order
2. Report of hearing submitted to National Recovery
Administrator Johnson by Deputy Administrator
Whiteside
3. Text of Code


) ((


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933








-0;














EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR THE FISHING TACKLE INDUSTRY

An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Compet~ition for the Fishi~ng Tackle Industry, and hearings
having been held thereon and the Adlministra~tor having rendered his
report containing an analysis of t~he said Code of F'air Competition
together with his recommendations and findlingrs with respect ther~eto,
and the Administ~rator havinga found thalt the said Code of F'air
Competition complies with the pertinent provisions of Title I: of
said Act:
Now, therefore, I, Firanklin D. Roosevelt, President of thre United
States, pursuant to the authority vested in me by Title I of the
National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the Admuinistrator and dlo order that the said Code of
Fair Compet.ition be an it is hereby approved, subject to the folllow-
ing: condition:
(1) The Associated Fishing Tackrle Ma~nufacturers shall, as soon
as practicable, amendl t~he Byv Laws of saidl Association. by repealing
that provision which requires a vote of a majority of th~ ]Ex3ecuti~ve
Committee or of the members for election to membership in the
Association.
FRANKLIN D. ROOSEVELT..
Approval Reconunended :
Hnaou S. JoHNSON,
Adnministrator.
THE TYHITE HOUSE,
A uguzst 19, 19~33.
(III)






m
I














WASHINGTON, D.C., August 16, 19;33.
To thea Admini2strator:

INTRODUCTION

This is the report of the deputy administrator to the adminis-
trator on the application for, and public hearing on, a code of fair
competition for the fishing tackle industry, as proposed -by The Asso-
ciated Fishing Tackle Manufacturers. The code wass adopted first
on July 21, 1933, by a convention of fishing tackle manufactures
and was submitted in its present. form for approval, as revised prior
to the close of the public hearing on August 14, 1933.
The hearing was conducted in Washington on Augu~st 14, 1933.
Every person who requested an appearance was freely heard in
accordance with statutory and regulatory requirements.
It is pertinent to remark that the Association sponsored the orig-
inal code convention and succeeding conventions, but that all known
manufacturers, whether Associat~ion mnembers or not, were invited to
be present and to vote on all proposals. In setting up the Fishinga
Tackle Industry Code Committee no nominations were made, and
ballots were secret for t~he election of the five members to represent
the industry. This procedure is subject to the approval of the
Administrator. I recommend that it be appr~oedl.

ECONOMIC AND STATISTICAL MAT'IIERIAL

The fishinga tackle manufactur~ing industry~ is relatively small and
is classified by thle Bureau of th Census with Spo~rting and ALth-
letic Goods." Thus it is difficult. to attain an accurate statistical
picture of the industry, but there are about 200 units. Certain dis-
crepancies exist as between the Census figures and those submitted
by the Association, but thle latter include the 150 or so units of the
" woodshed variety, wherein one individual is uusually the whole
works, producing one or more items for local consumption.
The Association has 51 members, which produce app~roxima~tely
8.5% of all fishing tackle, valued at between. $7,000,000 anud $8,000,000
for 1933. The indlustry has 3,100 workers at present; each worker is
-employved an average of 46 hours per week. In the peak year of 1998,
there were not far fromt 3,500 workers and the average hourlls per
week were about 47r.
Data on wfages have not been avrailab~le, but it waT~s adduced during
the hearing that as little as 16 cents per hour had been paid for the
lowest class of labor. Skilled workmen, however, such as machinists,
had been averaging in excess of $40.00 per week. In this connection
9675---33 r8n


NATIONAL RECOVERY ADMINISTRATION







it was developed that there has been a considerable seasonal swing in
production and employment in the industry as a whole.

RisenM OF CODE PROVIBIONS

All members of the industry realized the unwholesome competitive-
situation brought about. by tbhese conditions and the code as proposed
offers specific remedies:
The maxrimumn. howns of wrork are set at 40 per week. There are no
exceptions save offce, supervisory, and sales staffs; but the office force
shall not exceed 40 hours per week averaged over a six months'
period.
The min~imumL raite of paly has been determined at 35 cents per-
hour. Employees wrho have been receiving more pay for the longer
weekt are protected against any decrease. The differences between
wage rates, as of July 15, 1933, will not be decreased. It is important
to remark t~hat no differentiation is made between male and female-
labor because the latter comprises something like 40% of the total
and has previously been paid on a lower basis than male.
The industry, furthermore, agreed to abolish any overtime allow-
ances for seasonal peaks, which, together with the inclusion of'
certain standards of trad-e practice, should tend to stabilize produc-
tion and employment.
The operation of the code should, at least in theory, result in the
employment of more than 600 additional persons, thus bringing the
total well over that for the peak year of 1928. The exact increase in
purchasing power deriving from the new wage scale and the increased
employment. is not ascertainable, but it w~ill doubtless be substantial.
A minority in the industry, supported by certain jobbing interests,
would have liked to include in the code a classification of distributors
and to establish a formula of sale and resale discounts for each such
class. This proposal, hiowever, was entirely unacceptable to t~he ma-
jority'; in viewl of the falct that it was not demonstrated how such a
provision would benefit either the industry or the consumer and,
further, that it is likely t~o be considered in the: wholesale and retail
businesses when their codes are heard, no action seems expedient.
FINDINGS

I find that: (a) The Code complies in all respects with the per-
t inent provisions of Title I of t~he Act, including, without limitation,.
subsection (a) of Section 7, and subsection (b) of Section 10 thereof ;
and that
(b) the Associated Fishing Tackle Manufacturers is truly repre-
sentative of the fishing tackle industry. The By-Laws of this Asso-
ciation provide no inequitable restrictions to membership, but as now
constituted, provide that any manufacturer of fishing tackle shall be
admitted to membership upon a majority vote of the Executive Com-
mittee or, if the Executive Committee votes against admission, upon
a majority vote of the membership of the Association; this provision
is open to possible abuse and the Associated Fishing Tachie Mganufao-






VII


turers, through their Executive Committee, have agreed to amend th
By-Laws as rapidly as the By-Laws themselves permit to avoid the
possibility of any inequitable restriction upon membership; in order
not to delay the operation of this Code, I recommend that the code
be approved subject to the condition that the Associated Fishing
Tackle Manufacturers amend their By-Laws to admit any manu-
facturer upon compliance with the customary conditions and with-
out the requirement of a vote of approval by either the Executive
Committee or the membership; and that
(c) the Code is not designed to promote monopolies or to elimi-
nate or oppress small enterprises and will not operate to discriminate
against them, and will tend to effectuate the policy of Title I of the
National Industrial Recovery A~ct.
The Industrial and Labor Advisory Boards have expressed satis-
faction with the code now presented. It was particularly pleasing
to the Labor Advisor to have deleted any allowance in hours ~for
seasonal peaks and any differentiation in the minimum pay of mal~e
and female employees.
The Consumers Advisory Board finds itself in agreement with all
provisions in the code but suggests that care be taken to get adequate
information into the hands of the Industry Code Committee, the ad-i
ministrative body. In that three members will be appointed by thie
President of the United States and that the code itself establishes
many of the primary duties of this Committee and allows discre-
tionary powers subject to your approval. I do not believe that the
Consumers Board need feel any concern in this respect.
I believe that the fishing tackle manufacturers fully appreciate
their responsibility and have evinced a constructive and cooperative
will to serve it.
I recommend that the code be approved.
Respectfully submitted.
A. D. WHITESIDE,
Deputy Admi6nistrator.





































































































































































I













CODE OF FAIR COMPETITION FOR THE FISHING TACKLE
INDUSTRY

For the purpose of increasing employment., establishing fair andi
adequate wages, effecting necessary reduction of hours of labor, im-
proving standards of labor, and eliminating unfair trade practices,
to the end of rehabilitating the fishing: tackle industry, and enabling
it to do its part towards establishing that. balance of industry which
is necessary to the restoration and mainenarnnce of the. highest degree
of public welfare, the following is established as the Co-de of Fair
Complletition for the fishinar tackle industry.

ARTICLE I--DEFNwrIONs
SECTION 1. The term "' Fishing Tackle Industry "! as used hlerein.
shall include the manufacture of ood fishing rods; metal fishing
rods; fishing reels; fishing lines; flies; snelled hooks; gut and wire
leaders; baits, including all wood, metal, composition, and preserved
lures: fishing hooks; floats, furnished lines and sinkers; sulndries,,
including creels, tackle boxes, minnow buckets, bait boxes, fly books
andi boxnes, r~od cases,. reel cases, and tackle containers of all kinds;
landling nets, dip nets, minnow seines and nets, nets for crabs
.and other live baits ; gaffs andi gaff hooks; rod mountings and parts;
swivels and2 snaps and all other accessories such as scalers, dlisgorgers,
stringrsrn fish knives, andl any mother article of fishinga tackle niot
specifically mentioned herein.
SEC. I. Tle term manufacturer as usded herein shall include
all natural persons? partnerships, associations, corporations, and
trusts, includ--ing trustees in bankr~upteyc and receivers, engaged in
the conduct, of any branch of the Fishingr Tackle Industry.

ARTICLE II STANDARDS OF LABOR AND EMBPL.OY MENT

SECTION 1. To effectively apply to the Fishing Tnekle Industrly
the letter and spirit of Section 7 (a) of the National Industrial
Recovery Act, it is a stipulation of this Code that:
(a) Employees shall have the right to organize andc bargainl col-
lectively through representatives of their own choosing, and shall be
free fromlln interferencec, restraint, or coercion of employers of
labor, or their agents, in thle designation of such representatives, or
in sel'f-organizattion, or in other concerted activities for the purp~ose~
of collective bargaining or other mutual aid or protection.
(b) No employee andr no one seekingr employment shall be required
as a condition of employment to join any company union or to r~e-
fr~a.mn from joining, orga~nismng, or assistmng a labor organization of
his own choosing.







(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President of the United States.
SEc. 2. On and after the effective date no manufacturer shall em-
ploy any minor under the age of 16 years, provided, however, that
where a State law provides a higher mmunmum age no manufacturer
shall employ within that State any person below the age specified by
such State law.
SEc. 3. All manufacturers within the Industry shall comply with,
the following conditions pertaining to maximum hours of labor andt
rates of pay:
(a) On and after the effective date no manufacturer shall operate-
upon a schedule of hours of labor for his employees--except office,_
supervisory staff, and sales force--in excess of forty (40) hours per
week and eight (8) hours per day; the maximum hours of labor for-
office employees shall not exceed forty (40) hours a week averaged
over each period of six (6) months based upon the usual fiscal ye~ar
of any manufacturer.
(b) On and after the effective date the minimum rate of wages-
sh~all be not less than thirty-five (3.54) cents per hour, provided, howf-
ever, that where a State law provides a higher minimum wage no
person employed within that State shall be paid a wage below that
required by such State law. Home workers and workers whose re-
mnuneration is dependent upon quantity and./or quality of production
shall in no case receive less than the above specified hourly rate of`

(ci~) The amount of difference existing on July ~15, 1933, between
wage rates paid various classes of employees receiving more than thle
established minimum wage shall not be~ decreased; and in no event
shall any employee be paid a less wage for a work week of fortyv (40)
hours than such employee was receivina for the same class of wrorkr
for the longer week prevailing prior to tP~e effective date of this Code.
ARTICLE III TRADE PRaCTICES
Fairl and construcrtive com-petition n is tor be encourlnaed at all times,
buit. in orders that the Fishing Tackle Industry may be rehabilitated,
unfair and destructive competition, wastes, and excesses must bse
eliminated. Each manufacturer shall comply with the following
tra~de practices and violation of any of them shall be deemed an act
of unfair competition writhin the meaning: of the Federa~l Trade
Commission Act:
SECTION 1. rsaleS. belowr~ costf podvet~nU~~ ion and distrilbu~tio~n.--In
border to prePvent. destrucIt~iveF price cltt~ing in the Industry, no manu-
facturer shall sell or offer for sale anyv product at a price less than
its' reasonable cost of production andl distribution," except as pro-
vided in Sections 2 andl 3 of this Article. The Fishing Tackle Indus-
try Clode Commiittee provided for in Alrticle IV hereinafter, shall,
subject to the approval of the Administrator, set up as soon as prac-
ticable a standard method of cost accounting for the Industry. -Said
Committee shall, subject to the approval of the Administrator, define
" reasonable cost of production and distribution for the purposes







ef this Code and determine upon a basis to be uniform among the
manufacturers of this Industry the character of the items to
be included within such "L reasonable cost of production ~and
distri bution."
SEC. 2. Sales to O therl Manzufactu2rers.-I~n order to better d is-
tribute employment and to prevent overproduction capacity, noth-
ing in this Code shall prevent. one manufacturer fromt selling his
product to another bona fide fishing tackle manufacturer at prices
mutually agreed upon, providing such sales are made at prices not
less than factory costs," and further providing that the purchasing
manufacturer complies with the provisions of this Code when re-
selling said merchandise. All such sales or agreements for such sales
between manufacturers shall be reported within the first ten days
of the month following to the executive officer of the Fishing Tacktle
Industry Code Comminttee. Said Committee shall, subject to the
approval of the Administrator, define factory costs for the
purposes of this Code.
SEC. 3. Cos0e Out Mlcnrierhanise-1il ends, dropped lines or sur-
plus stocks which mu~st be convertedl into cash, may be sold at such
prices as are necessary, provided suchl merchandise shall not. be sold
at a price less than the direct cost of labor andl raw mnateriails. The
total of all such sales, with the lowest unit price indicated, shall' be
repo~rted~ within t~he first. tepn days of t~he monthly following to the
executive officer of the Fishing Tackle Industry Codle Committee.
SEC. -1. Re6/M.SingZ to Sell! Otherl Products or Itenws.--No mnanufac-
turer shall refuse to sell one class of product or item to a customer
except on condition the purchaser will also purchase other products
or items made or sold by the same mannufacturer;; or sell such other
products at reduced prices or on special terms or under special con-
ditonsgien to induce the buyer to purchase such other different
classesS of articles. Each manufacturers shall sell each different lin~e
of merchandise independlently, and shall not cut the price on one
with the provision that other lines be purchased, or require a pur--
chaser to purchase one class of mner~chandlise as a consideration for
being allowed to purchase another.
SCEC. 5. Tern)ls.--Terms to customers buying at jobber prices shall
be 2% ten day~s E.O.M.,! 60 days net. froml date of invoice; no dating;
no sales or shinpmnts on consignments; a nd any interest, allowed for
anticipated payment of invoices shall not exceed the rate of six per-
cent (6%ro) per annum.
SEc. 6. Adv'erti.s'Zing Eth2iCs.--No manunfa cturerl shall use false or
misleading statements or illustrations in catalogs or any form of
advertisement.
ARTICLE IV-AI~DMINI S TRATIO)N

SECTION 1. To effectuate further the policies of the Act, a Fish-
ing Tackle Indust~ry Code Committee is hereby designated to co-
operate with the Aidministrlator as a planning and fair-practice
agency for the Fishing Tackle Industry. This Commlittee shall con-
sist of five representatives of the Induistry elected by a fair method
of selection, to be approved by the Administrator, and three mem-
bers without a vote appointed by t~he President of the United States,







Such agency may, with the approval of a majority of the members
of the Associated Fishing Tackle Manufacturers, present to uthe
Administrator recommendations based on conditions in the Industry
as they may develop from time to time which will tend to effeet~us~e
the operation of the provisions of this Code and the policy of the
National Industrial Recovery Act. Such recommendations shall,
upon approval by the Administrator, become operative as a part
of this Code.
SEc. 2. Such agency is also set up to cooperate with the Admin-
istrator in making investigations as to the functioning and obsery-
ance of any provisions of this Code, at its own instance or on com-
plaint by any person affected, and to report the same to the Admin-
istrator.
SEc. 3. Such agency is also set up for the purpose of investigating
and informing the Admlinistrator on behalf of the Fishing Tackle
Industry as to the importation of competitive articles into the
United States in substantial quantities or in increasing ration to
domestic production on such terms or under such conditions as to
render ineffective or seriously to endanger the maintenance of this
Code, and as an agency for making complaint to the President on
behalf of the Fishing Tackle Industry, under the provisions of the
National Industrial Recovery Act, with respect thlereto.
SCEC. 4. The Secretary-Treasurer of The Associated Fishing Tackle
~Manufact~urers shall be the executive officer of the Fishing Tackle
Industry Code Committee.
SEc. 5. In order to provide data necessary for the administration
of this Code, all manufacturers shall furnish to the office of the
Secret.ary-Treasu rer of The Associated Fishi ng Tackle Manufac-
turers such information or reports as may be required, subject to
the approval of t~he Admlinistrator, by the Fishing Tackle Industry
Code Committee. Such information as may be submitted to the
Secretary-Treasurer by one manufacturer shall not be revealed to
any other manufacturer except as may be required by the Fishing
'Tackle Industry Code Committee to eff'ectuate the purposes of this
ICode.
SEc. 6. Any manufacturer may participate in any activities of The
Associated Fishing Tackle Mianufacturers, by assumling a proper
pro rata share of the cost andl responsibility of administering this
Code eiherby ecoinga member of The Associated Fiishing
Tckle, Manufacturersor inby paying to it an amount equal to the
due from time to time provided to be paid by a member in like
situation.
ARTICLE V- GENERAL

SEC'TION 1. This Code shall be in effect, beginning t.enl day~s afte its
approval bN the President of the United States.
SEC. P. Ang coDUR~ct In effect On the effective date of this Code
shall be reported to the executive officer of the Fishing Tacklbe
Industry Code Committee and said Code Conunittee shall act as
an agency to assist in effecting appropriate adjustments of such con-
tracts, by arbitral proceedings or otherwise, to reflect any increased
costs due to the application of the provisions of this Code.








SEC, 3. III file event of th~e elimination of any provision of this
Code for any cause whatsoever, thle remaining provisions shall never-
theless continue in full force and effect until modified or eliminated
or until the expiration of thie National Industrial Recovery Act.
SEc. 4. It is expressly understood and agreed that no provision
of this Code shall be interpreted or applied as in any way:
(a) tending to promote monopolies or the establishment of ex-
orbitant prices by the industry ;
(b) permitting or encouraging uinfair competition:
(c) tendling to elimiinate or' oppress small enterprises or to dlis-
criminate against small enterprises.
SEc. 5. This Code and all the provisions thereof are expressly
made subject to the right. of the President, in accordanarce with~ the
provision of Cllause 10 (b) of the National Inldustrial Recov~ry Act,
from- time to timne to cancel or' modlify any order, approval, license,
rule, or regulation, issued undler Title I of said Act, andt~ specifieally to
the right of tbhe President to cancel or modify his anppr~oval of this
Code or any condlit~ions imposed byv him upon his approval thereof.
SEc. 6. Such of the pr~ovisions of this C'ode as are not 1reuir~ed to be
includled therein by the National InlduStrial Reco\~ver Act may\, w~ith
the appr~oval of the Presidlent, be modified or eliminated as changes
in the circumlstanilces or experience may indicate. It is contemplaltedl
that, from time to t imne supplemln ta ry prov~isions~z to this C'ode orl
additional codes w~il be submiitted for th~e appr~oval of the President
to prevent unfair comp~etitioni in price and other unfair andl destlrue-
t~ive comp~etitive prafc~tices and to ell'ectuat~e th~e ot~her ~,lpurpoe and
policies of Title I of thle National Industrial Recover~y Act conlsistent
withl t~he provisions thereof.




UNIVERSITY OF FLORIDA
IllII I lllIII IIIB IIIIlI llllIIIIIIII1 lll1ll I
3 1262 08584 3216 ir