Code of fair competition for the mopstick industry

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Material Information

Title:
Code of fair competition for the mopstick industry as approved on November 14, 1933 by President Roosevelt
Portion of title:
Mopstick industry
Physical Description:
v, 6 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Mops and mopsticks -- 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:
Approved Code no. 116.
General Note:
Registry no. 328-02.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004936608
oclc - 31961438
System ID:
AA00006583:00001

Full Text

For sale by Lthe-SperintRenden of Doceumentls. Washington, D.C. - Price 5 rents


Approved Code No. 110


Registry No. 328--02


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


1MOPSTICK INDUSTRY


AS APPROVED ON NOVEMBER 14, 1933
BY
PRESIDENT ROOSEVELT


WE DO OUR PART


1. Executive Order
2. Letter of Transmittal

FL






STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933
























This publication is for sale by the Superintendent of Documents, Government
Pr~inting O~ffice. Washlington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, M~ass.: 1801 Customhouse.
Buffallo. N.YT.: Cha~mber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commeree.
Dallas, T~ex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Bouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jaicksonville. Fla.: Chamber of Comimerce Building.
Kansas City. M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, KyJ.: 408 Federal Building.
MIemphis, Tenll.: 229 Federal Building.
Mi~nnapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
Newv York, N.Y.: 734 Custombouse
Norfolk, Va.: 406 East Plume Street.
Phiilade~lphia, Pa.: 933 Commercial Trust Buildling.
Pittsburgrh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New' Post Office Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle, W~ash.: 809 Federal Building.


















EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR THE 1\10PSTICKC TNDISTRY

An application having be~en d~ulyr made, pursuant to and in full
compliance with the provisions of title I of the National Industrial
RecoeryAct, approvedl June 16, 1933, for myv approval of a Code
of FairCompetition for thle RIlopstick Industryv, and hlearings h~av-
mng been held thiereon and the Admlinistrator having rendered his
report containing an analysis of the saidl codle of fair competition
together with his recommiendations and findings with respect there-
to, and the Administrator havinga found that th~e said code of fair
competition complies in all respects with the pertinent provisions
of title I of said act anid that thle requirements of clauses (1) and
(2) of subsection (a) of section 3 of the said act have been met:
NOWI, THEREFORE, I, Franlklinl D. Roosevelt, President of
the United States, pursun7nt to the aulthority vested in me by title I
of the National Industrial Recovery Act, approved June 16, 19;33,
and otherwise, do adlopt andl approve the report and recommendat-
tionss and findings of thle Admninistrator and do order that the said
code of fair competition be and it is hereby ap~proved.
FRAINKCLIN D. ROOSEV'ELT.
THE ~\THITE HoUSE,
N~o vemberl 14, 1933.
Approval recommended :
IoHoc S. JOHNSON,
Admin?]i2isf~lt ator.
(III)


21123"-2-14-7--33








NOV'EMBER 9, ~1933.
The PRESIDENT,
The Wh'ite Hourse.
Sla: This is a report onl the Code of Fair Competition for the
M~opstick Industry in the United States, the hearing being con-
ducted in Washingiton, D.C., October 26, 1933, in accordance with
the provisions of the National Industrial Recovery Act.
PHOV'ISIONS ON HOUR; S AND WAGQES

Thle mauximluml hours provided by the code for factory employees
w\ill be 40 per week and 8 per day. Firemen and engineers are
allowed a tolerance of 8 hours in any one week. Shipping clerks
andi meni en~gagedl in maintenance and repair work are allowed a
tolerance of 8 hours with one and one third the normal wage rate
being paid for time worked in excess of 40 hours in any one week.
Watchmen ar~e permitted a tolerance of 16 hours in any one week
with a day off each week. The above limitations do not applyt
employees engaged in supervisor workr and receiving more ta
$35.00 per w~eek.
The minimnum wage rate for employees is 35 cents per hour, male
and female. Handlcicapped persons may be employed but their num-

ber shall not exceed 10 percent of the number of emiployvees in any
plant, and their wage rate shall be not. less than 80 percent of the
minnmuum wage rate provided by the code. The w~ee~kly compensa-
tion of all employees as of June 16, 1933. higher than the minimum
will not be reduced because of anly change in hours provided in
the code.
CHILD LABZOR

The m~inimumu age provided in this code is 16 years, but in hazard-
ous occupations thiis age himit. is increased to 18 years.
ECONOMIC EFFECT OF THE CODE

This small indcustry~ manufactures miop sticks made by finishing a
mnop handle andt attaching thereto a clampingo device for holding a,
r~emovable wet mop>. ApproxLimately 160 persons are employed in
this induistr~y. It. has maintained an effective trade association for
miany years and approximately 97 percent of its product complies
wth'fJ the specifications established by the United States Bureau of
Standards.s The provisions of article VII, section 2, on methods of
unfair competition were derived from a. list, of unfair trade prac-
tices approved for the lilopstick Industry by the Federal Trade
Ciommni~sson and are already in operation in this well organized
industry.
Analysis of dlata submiitted by this industry indicates that ap-
pr~oximately the provisions of the code already made effective have
increased thle number of those employed in September 1933, as com-
par~edl ith June 1933, by 18.5 percent. The reported average wage
for Septem'ber represents increases of 16.7~ percent in the weekly
wage and 31.3 percent in the hourly wage.








'In arriv-ingr at the terms expressed in the code, the indu~t~ryp has
shown its cooperation in comnplying with the spirit of the National
Industrial R~ecovery Act anld w~elcomnes the adoption of a code of
fair competition as a. fur~thler aid in necomiplishing the purposes of
said Act.
FIN;DINGS

The A~dmini~stlztrato finds that:
(a) The code as r~ecomnmendedl complies in all resp~ects~ with the
pertinent provisions of title: I of thle act, including, without limita-
tion, subsection (a) of section 'i and subsection (b) of section 10
thereof. and thatt
(b) the applicant giroup imlposesu no inequitable restrictions onr
admission to membership therein andi is truly representative of the.
Al~opstick~ Industry; andi that
(c) the Codle as recomlmendedc is not designed to promote monop-
olies or to eliminunte or oppress small enterprises and will not operate
to discriminate nagamst them, andi will tend to eff~ectuate the policy
of Title I. of the National Industrial Recovery Act.
It is recommnended, therefore, that this code he approved.
Respectfully,
Huan S. JoHNSON,
Ad~ministrautor




II
9














CODE OF FAIR COMPETITION FOR THE MIOPSTICK
INDUSTRY

ARTICLE I -FORPOS8ES

To effectuate the policies of title I of the National Industrial Re-
covery Act, t~he following provisions are submitted as n Code of
Fair Comupetition for the Miop~stick Industry, and upon approval by
the President shall be the standard of fair competition for su-ch
industry and shall be binding upon every member thereafter.

ARTICLE II--DEFINITIONS

The termi "L mopstick industry as used herein includes the mannu-
facture andl'or sale by manufacturers of complete miopsticks made
by finishing a mop, handle andl attachiing thereto a metal claminpig
device for holding removable wet mops, and such branches or sub-
divisions thereof as may) from time to timie be included under the
provisions of this code by the Pre~sident after such notice and hearing
as he may prescribe.
The term emnploy~ee as used herein includes any one engaged
in the industry in any capacity receiving compensation for his ~serv-
ices, irrespective of the nature or melthod of payment of such
compensation.
Thne term member of thie industry "! includes any one engaged
in the industry~ as albov-e defined, either as an emnploy'er or on his owfn
behalf.
The terms Pr~esident "', "Act ". and "Admninist~f rator. as used
herein shall mean respectively the Presidenlt of the United States
the National Industrial Recovery Act, and the Ad.ministrator~l a
said Ac~t.
The term ''Associat.ion as used hlereinl shall mean the Nationial
Association of M~op Stick M~anufacturers.

ARTICLE III--HOIRns

1. No employee shall be per~mitted to work in excess of 40 h~ouris
in any one week or 8 hours: in any 24-hour period, with the followings
exceptions:
(a) Firemen and engineers, who shall not be permitted to work
more than nine and one half hours in any twenty-four hour period
nor more than forty-eight. hours inl any one week.
(b) Shipping clerks and mnci engaged in repair and maintenance,
who shall not be permitted to work mnore than 48 hours in any one
week and who shall be paid at least one anid one third times their
normal rate for all hours worked in excess of forty (40) hours in any
one weekr.








(c) Wa6'tchmen, w~ho shall not be p~ermlitted to work more than fifty-
six (56) hours in any one we~ek nor more than six (6) days in any
seven (7) day period.
(d)~ Employeesp engaged in a ma~nagaerial or executive capacity and
receiving compensation at the rate of $i35.00 per week or more, and
outside salesmen, who shall not be subject to hourly limitations.
2. No employer shall knowingly engage any employee for any
time which when totaled with that already performed with another
employer or employers exceeds the me ximium hiereinabove provided.
ARTICLEr IT- ~VAGES

1. No employee shall be paid less than th~e rate of $14.00 per week
of forty (40) hours (or 35 cents per hour).
2. This Article establishes minimum rates of .pay, regardless of
whether an employee is compensated on a time-rate, piece worrk, or
others basis.
3. Female employees performing substantially the same w~ork as
male employees shall receive the same rates of pay as male employees.
4. The weekily compensation of all employees as of June 16, 1933,
in excess of the minimum wage hereinabove specified shall not be
reduced notwithstandling that the hours of work of any. such em-
ployees miay be reduced. The. wages of all employees receiving more
than the miinimnum rates hereini prescribed shall be equitably adjusted
and the dlifferentials between employees receiving in excess of the
minimum herein prescribed existing prior to the approval of this
Code shall be maintained. Such adjustments shall be reported to
the Code ALuthority and to the Administrator.
5. A person whose earnling capacity is limited because of age or
physical or me~ntasl haRndlicp mayi be employedl in light work at a
wage below the minimum established by this Code if the emplloyer
obtains from the State authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wagaes and for such hours as shall be stated in the certificate.
Each employer shall file withl the Code Authority a list of all suchi
prsons employed by himi. The number of such employees engaged
byany member of the Industry at any one time shall not be in
excess of 10 percent. of the total number of hiis employees, nor shall
such employees be paid at less than 80 percent of the miiinimurmwage
rate hierein established.

ARTICLE Y~-GENrERAL LeBon PnovsISows

1. Employees shall have the right to orgaanize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint! or coercion of employers of
labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for t~he pur-
pose of collective bargaining or other mutual aid or protection.
2. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from ;nolmng orgamzing, or assisting a labor organization of his
own choosing.








3. Employers shall comply with the manximium hours of labor,
minimum rates of pay, and other working conditions approved or
prescribed by the Presidlent.
4. No person under sixteen (16) years of age shall be employed
in the industry, n~or anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator
before January 30, 1934, a list of such occupations. In any State
an employer shall be deemed to have complied with th~is provision
if he shall have on file a certificate or permit duly issued by the
authority in such State empoweredl to issue employment or age
certificates or permits! showing that the emnployee is of the required
age.
5. WIithin each State no provision of this Code shall supersede any
laws of such State imposing mor~e stringent requirements on em-
ployver regulating the age of employees, wages, hours of work, or
health, fire, or general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act..
7. Each employer shall post in conspicuous and accessible places
full copies of this Code.
ARTICLE VI--ADM~INISTRATION

To effectuatee further the policies of the Act, a Codle Aluthority is
hereby constituted to cooperate with the Administr~ator inl the aldmin-
istration of this Code.
1. Organization and constitution of Cod'e Authority.
(a) The Code Aiuthority shall consist of five (5) individuals, or
such other number as may be appr~ovedl fromt time to timle by the
Admiinistrator, to be selected as her~einafter set forth~. The Admnin-
istrator, in his disccretioon, may appoint from one to three additional
members without v'ote to represent the Admninistratoor or such groups
or interests as mayv be agreedl upon. ~Illembers app~ointedl by the
Administrator shllnl serve Cfor terms of from six montihs to one ycar,
prov-ided, however, that the terms of such members shall not expir~e
at the same t~ime. S~uch members shall be griven notice of andl mayR
attend all mleet~ings of the Code Authorityr.
(b) Four members of the Code Authority shall be selectedl by the
Association fromn among its membership by ballot, anld one members
shall be selectedl from among the nonmembersr of the Association by
those nonmembers. The Association not later thani 10? dlas after.
the approval of this Cod~e shall notify the members of thee Inldustry
who are nonmembers of the Association that on a specified d3a not
later than 20 days after such notice shall have beenI given one memn-
ber of the Code Authority will be selected by nonmuembers of the
Association. Such notice shall specify that such nonmiember mnay be
selected by nonmembers of the Association either present or by
proxy or by letter ballot.
(c) Each trade or industrial association directly or indirectly
participating in the selection and activities of the Code Authority
shall: (1) Impose no inequitable restrictions on mlemlbership,, and









() submit to the Admninistrator true copies of its articles of associa-
tobylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Admninistrator may deem necessary to
effectuate the purposes of the Act.
(d) In order that th~e Code Authority shall at all times be truly
representative of the Industry and in other respects comply with
the provisions of the Act, the Administrator mnay provide such heaf-
mngs as he may deem proper; and thereafter if he shall find that the
Code Authority is not truly representative or does not in other re-
spects comply writh the provisions of the Act, may require an appro-
priate modification in thle method of selection of the Code Authority.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the. Act, subject to the right of the Admin-
istrator on review to disapprove or modify any action taken by the
Code Authority.
(a) With a view- to informing the President and Administrator as
to the observance of this Code, and as to whether the Industry is
talking appropriate steps to effectuate the declared policy of th~e Act,
each member of the Industry shall furnish duly certified reports in
the form and as required by the Code Authority for the administra-
tion of this Code on production, orders, sales, prices, and conditions
*of employment and such other matters as may be pertinent to the
administration of this Code. The Code Auth~ority is hereby con-
stituted the agency for the collection and compilation of suchi reports,
and for the forwarding of such reports to the Administrator; and all
such reports shall be held in strict confidence by the Code Authority
except when they shalll be required by the Administrator or by the
Code Authority in connection with a violation of the provisions of
this Code.
(b) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in the Industry
as they may develop which will tend to effectuate thle operation of the
provisions of this Code.
(c) The Code Authority is also set up to cooperate w~ith the
Administrator in making investigations as to the functioning and
observance of any provisions of this Code, at its own instance or on
complaint of any person affected, and to report the same to the
Adm i nistrator.
(d) The Ciode Authority shall coordinate thie administration of
this Code with such other codes, if any, as may affect this Industry
or any related industry with a view to promoting joint and hanr-
moniouis action upon matters of common interest.
(e) All members of the Industry shall be entitled to participate
in and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assentingi
to and complying with the requirements of this Code. TIhose memi-
bers thus participating and sharingp shall sustain their reasonable
share of the expenses of its administration. The reasonable share
of the expenses of administration shall be determined by the Code
Authority, subject to rev~iew by the Administrator, on the basis of
volume and/or such other factors as may be deemed equitable to be
taken into consideration.








3. In addition to the information required to be submnitted to the
Code Authority, there shall be furnished to government agencies by
the members of the Industry such statistical information as the
Administrator may deemi necessary for thle purposes recited in
Section 3 (a) of Title I of the Act.

ARTICLE V11- TRADE PRACTICES

1. The Code Authority shall formulate or cause to be formnulatedd
a uniform accounting systems which shall be adaptable to the cost
accounting procedure anid to the business of the Indlustry. Such
plan shall specify the factors whlich shall be included inl determliningg
the costs of each member of the Industry. Upon approv-al by the
Adm-inistrator of such a system of cost accounting for the Industry,
complete advice concerning it. shall be distributed by the Code Au-
thority to all members of the Industry. Thereafter no member of
the Industry shall sell the p~roductsj of thle Industrya at such p~ries
or upon such terms anid conditions of sale as will r~esult in the pur-
chaser's paying for such product less than the cost thereof to the
seller, determined in necordan~ce with the aforesaidl systemi of cost
accounting, except to meet. competition. W'ithinl twenty Cdays after
the approval of this Code each member o~f the Indrustry shall pub-
lish to the trade and file with the Codle Authority a priice list. for
all products of th~e Industr~y sold or offered for sale by hiim, together
writh t~he discounltk, if any, allowed~ therefromu, and fixedl termiis of
payment. Revisedl price lists or revisedl discounts or. termsl~ andc con-
ditions of sale mayv be filed and published from timie to timne there-
after by any member of the Industry, provided, however, that such
revision shall be published and filed with the Code Authority at
least. five days in advance of the effective d-ate thereof. NTo member
of the Industry shall sell or offer for sale any pr~oducts oif the In-
dusrtry at prices lower than the prices noted in his pr~ice list or onl
more favorable term11s and conditions of sale thian the terms andi con-
ditions of sale previously published and filed by suchi muember wTith~
the Code Authority in accordance with~ the foregoing priovisionis
and in effect at the timie of such sale.
'2. The followingr practices constitutes unfair methodsl of c~omlpeti-
tion and are prohibited:
(a) Either directly or indirectly to discriminate in price between
different. purchasers of commodities, where the effect of such dis-
eriminiation may be subtstanltially to lessen competition or tend to
create a monopoly: Providled, that nothing her~eini containied shall
prevent discrimination in price between purchasersj of the samue class
on account of differences in thle grade, quality! or quantity of thie
commodlity sold ;
(b) The sale or offering for sale of any product orf the Indtustr~y
by any false means or device which has the tendency and cap~acityr
to miislead or deceive customers or prospective customers as to t~he
quantity, quality, substance, or size of such product;
(c) The imitation of the trade marks, trade namles, slogatns, or
other marks of id-entification of competitors, having the tendency and
capacity to mislead or deceive purchasers or prospective purchasers;




UNIVERSITY OF FLORIDA

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6 3 1262 08584 2010

(d) The defamation of competitors by falsely imputing to them
dishonorable conduct, inability to perform contracts, questionable
credit standing, or by other false representations, or the false dis-
paragement of the grade or quality of their goods, with the tendency
and capacity to mislead or deceive purchasers or prospective
purchasers;
(e) Maliciously inducing or attempting to induce the breach of
existing contracts between competitors and their customers by any
false or deceptive means whatsoever, or interfering with or obstruct-
ing the performance of any such contractual duties or services by any
such means;
(f) The secret payment or allowance of rebates, refunds, commis-
sions, or unearned discounts, whether in the form of money or other-
wise, or secretly extending t~o certain purchasers special services or
privileges not extended to all purchasers under like terms and
conditions ;
(g) Offering for sale merchandise at a price reduced from a
mnarked-up or fictitious price which has the tendency and capacity
to mislead or deceive purchasers or prospective purchasers;
(h) To sell mopsticks which do not comply with the minimum
standards as established for the Industry by the United States
Bureau of Standards without labelling the product as not coin-
plying with such standards.
ARTICLE V'III- MODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of t~he President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said
Act and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administrator .
and such notice of hearing as he shall specify, and to become effective
on approval of the President.
ARTICLE IS--ATONOPOLIES AND bfONOPOLISTIc PRACTICES

No provisions of this Code shall be so applied as to permit mo-
nopolies or monopolistic practices, or to eliminate, oppress, or dis-
criminate against small enterprises.
ARTICLE X--EFFECTIVE DATE

This Code shaUl become effective on the 10th day-ia~t~its approval
by the President. p .