Code of fair competition for the excelsior and excelsior products industry


Material Information

Code of fair competition for the excelsior and excelsior products industry as approved on December 7, 1933 by President Roosevelt
Portion of title:
Excelsior and excelsior products industry
Physical Description:
1 p., 565-576 p. : ; 23 cm.
United States -- National Recovery Administration
U.S. Govt. Print. Off.
Place of Publication:
Publication Date:


Subjects / Keywords:
Excelsior -- Law and legislation -- United States   ( lcsh )
Cushioning materials -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


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. 146.
General Note:
Registry no. 310-02.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004936601
oclc - 31959445
System ID:

Full Text





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

Registry No. 810--02

Approved Code No. 146



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


This publication is for sale by the Superintendent of Documents, Government
Printing Offce, Washington, D.C., and by district offices of the Burean of
Foreign and Domestic Commerce.

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Approved Code No. 146



As Approved on December 7, 1933

Executive Ord er

An application having been duly- made, pur-suant to anid 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 Competition for the Excelsior and Excelsior Products I~n-
dusft~ry, and hearings ha~vingr been held thereon and the Aidministra-
tor having rendered his report containing an analysis of the said
code of fair competition together with his recommendations and
findings with respect thereto, and the Administrator having found
that the said code of fair competition complies in all respects with
the pertinent provisions of title I o~f said act and that the require-
ments of clauses (1) and (2) of su'bsection (a) of section 3 of the
said act have been met:
NOWV, THEREFORE, I, Franklin D. Roosevel~t, President of
the 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 Administrator and do order that the, said codd
of fair competition be and is hereby approved.
Approval recommended :
Hean S. JoHNson,
December 7, 1933.



NOVEMLBER 20, 1981
The If'ite HousPe.
SmR: A1 Public Hearing on the Code of Fair Competition for the
Excelsior and Excelsior Products Industry, submitted by the Na-
tional Excelsior Products Association, located at 111 WetWash-
ingaton Street, Chicago, Illinois, wazs conducted in Washington on
the 17th of October 1;3:3, in accordance withl the provisions of thre
National Industrial Recovery Act. The Association claims to rep-
resent 70 percent of the. Industry.
The maximum hours permlittedl under this Code for factory em-
ployees are forty (4l0) hours per week, except that for two (2) pe-
r~iods each year consisting of not more than four (4) weeks each,
the maximum hours of employment shall be not more than forty-
eight (48S) hours per wFeek~. For clerical and office employees a
maximum of forty-eight (418) hours per week is permitted. H~ow-
ever, overtime at the rate of time and one third i~s provided for all
hours per day over eight (8) and all hours per week over forty (40).
The minimum wage for male factory employees is thirty cents
(;30d) per hour in the North and twenty-two and one half cents
(2"!,i) per hour in the South. The minimum wage for female fac-
tory employees on such light nonhazardous w~ork as has customarily
been performed by female employees is twenty-five cents (254) per
hour in the N~orth and twenty cents (20f ) per hour in the South.
The minimum wage for clerical or office employees is fourteen dol-
lars ($14.00) per week. However, female em~ployeep performing
,substantially the same work( as male employees shall receive the same
rate of pay as male employees.
This cIndustr~y has two extreme p~eak~s during thle year, one prior
to and including the Christmas season andl the other inl the spring
of the year. Owing to the fact that these commodities are so bulky
and involve such a serious fire. hazardl, it is practically impossible
to build .for storage in anticipation of future demands.
Since the world war, cotton linters have been taking the place of
excelsior in low-pricedl mattresses. Corr~ugated and fiber board box
partitions and shredded paper compete with excelsior. Straw, hay,
wood shavingas, sawdust, shingle tow und old newspapers are serious
factors of competition since these commodities are byproducts of
other industries and require no further processing to become packing
and upholstering material.
The increased cost of material together with the competition of
byproduct articles requiring no further processing present little hope
for more than a, slight increase in the sale of excelsior products and
it is not expected that this industry will increase employment to
any extent beyond that which is now beinga madle in compliance with
this Code.


On the basis of the forty (40) hour week, 278 wage earners should
benefit through reemployment, bringing the total number of wage
earners to 1,205.
The value of products in the Excelsior and Excelsior Products
Industry in 1929 was $5,008,769 and in 1931 was $2,982,864, a de-
crease of 40.4 percent.

The Administrator ~finds that:
(a) The Code as recommended, complies in all respects with the
pertinent provisions of Title I of the Act, including, without limit-
tation,, subsection (a) of Section 7, and subsection (b) of Section 10
thereof : and that
(b) The National Excelsior Products Association, the applicant
group herein, imposes no inequitable restrictions on admission to
membership and is truly representative of the Excelsior and Ex-
celsior Products I~ndustry; and that
(c) The Code as recommended is not designed to promote monop-
olies or to eliminate 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 Act.
This Industry has cooperated in a most satisfactory manner with
t~he Administration in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and re-
ports of the various Advisory Boards it is believed that this Code as
now proposed and revised represents an effective, practical, equitable
solution for this Industry and its approval as herewith submitted is
Huanr S. JoHNSON,




To effect the policies of Title I of the National Indust~rial Recovery
Act, the following provisions are submitted as a Code of Fair Com-
petition for the Excelsior and Excelsior Products 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.


1. The term excelsior as used herein is defined as a packing or
upholstering material composed of long, fine wood or paper shavings
or shreds.
2. The term excelsior products as used herein shall. include
packing pads consisting of a paper wrapper filledl with excelsior as
defined in the preceding paragraph.
3. The term industry as used herein is defined to mean all
members engaged in the manufacture for sale of Excelsior or Excel-
sior Products.
4. The term "L member of the industry "' includes any individual,
partnership, association, corporation, or other person engaged in
the industry, either as an employer or on his own behalf.
5. The term "L employee as used herein includes any and all per-
sons engaged in the industry, except a member of the industry, how-
ever compensated.
6. The term employer as used herein includes anyone by wFhom
an such employee is compensated or employed. udrto ma
the following states: Virginia, North Carolina, South Carolina,
Georgia, Florida,, M~ississippi, Louisiana, Trennessee, Ken-
tucky, Arkansas, Oklahoma, and Texas. The "North" shall be
understood to mean all other states and the District of Columbia.

1. No employee, except as otherwise specified in this article, shall
be permitted to work in excess of forty (40~) hours in any one week~,
except that for twro periods each year consisting of not more thanz
four (4) weeks each, the maximum hours of employment may be not
more t~han forty-eight (48) hours per week.
2. No person employed in clerical or offce w-orke shall be permitted
to work in excess of fort~y-eight (48) hours in any one week.


8. Employees covered in sections 1 and 2 above shall be compen-
sated at the rate of time and one third for all hours per day over
eight (8) and all hours per week over forty (40).
4. The provisions of this article shall not apply to executives, sn-
pervisors, and their immediate assistants who receive more than
thirty-five ($35.00) dollars per week, nor to outside salesmen.
5. The provisions of Section one (1) of this article shall not apply
to watchmen, who shall be employed in pairs, and shall not be per-
mitted to work in excess of thirty-six (36) hours per week and forty-
eight (48) hours per week in alternate weeks, nor more than an aver-
age of forty-two (42) hours per weekr in a two (2) week period.
6. The provisions of Section one (1) of this article shall not appl
to truck drivers, who shall not be permitted to work in excess o
forty-eiht (48) hours per week.
7.Temaximum hours fixed in the foregoing sections shall not
apply to any employee on emergency maintenance or emergency re-
pair work involving breakdowns or protection of life or property,
but in any such special case at least one and one third (1%/) times
his normal rate of compensation shall be paid for hours worked in
excess of the m~aximuml hours herein provided.

1. (a) No male employees shall be paid less than twenty-two and
one half (221,0) cents per hour in the South, and not less than thirty
(304) cents per hour in the North.
(b) No female employees on such light, nonhazardous work as
has customarily been performed by female workers shall be paid less
than twenty (20$) cents per hour in the South, and not less than
twenty-five (25$) cents per hour in the North.
(c) No person employed in clerical or oflce work shall be paid
less than fourteen ($14.00) dollars per week.
2. This Article establishes a minimum rate of pay, which shall
apply irrespective of whether an employee is actually- compensated
on a tims-rate, piecework, or other basis.
3. Female employees performing substantially the' same work as
male employees shall receive the same rates of pay as male employees.

1. No person under sixteen (16) years of age shall be employed
in the industry. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or dangerous to health. The Code Authority shall submit
to the Administrator within sixty -(60) days a list of such operations
or occupations. In any State an employer shaUl be deemed to have
complied with this provision as to age if he shaUl have on fle a
certificate or permit duly issued by the Authority in such State em-
powered to issue employment or age certificates or permits showing
that the employee is of the required age.
2. (a) Employees shall have the right to organize and bargain
collectively, through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of sulchh repre-


sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protec-
(b) No einployee and no one seeking employment shall be required
as 8, condition of employment to join any company union or to re-
fromn from jommig, orgamizmg, or assistmng a labor organization of
his own choosing, and
.(c) Employers shall comply with the marximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
3. No employer shall reclassify employees or duties of occupations
performed for the purpose of defeating the provisions of the Act or
of this Code.
4. Every employer shall provide 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 submlitted by the Code
Authority to the Administrator within six (6) months after the
effective date of this Code.
5. No provisions in this C~ode shall supersede any law within any
State which imposes more stringent requirements on employers as
to age of employees, wages, hours of work, or as to safety, health
or sanitary; conditions, or insurance, or fire protection, or general
working conditions, than are imposed by this Code.
6. Each employer shall post mn conspicuous places full copies of
this Code.
To further effectuate the policies of the Act, a Code. Authority
is hereby established to cooperate with the Administ~rator in the
administration of this Code.
1. Organization and Constitution of Code Aut~hority.
(a) The C~ode Authority shall consist of three (3) members, or
such other number as may be approved from time to time by t~he
Administrator, elected by a fair method of selection and approved
by the Administrator; and three (3) members to be appointed by
the Acdministrator who shall be without vote.
(b) In each of the divisional groups of the National lExcelsior
Products~ Association, the Code AuthorityS shall designate some one
individual, to be approved by the Administrator, who shall act as
its repr~esentative in such Division; and shall be designated as the
Regional Advisor for such Division. Such Regional Ad visor shall
be the representative in his Division of the Code Authority, and
the Code Authority, with the approval of the Admlinistrator, may
deleateanyof its functions and powers under this Code to such
Regona Adisor, providers t~hat nothing contained herein shall re-
lieve the C~ode Authority from its duties and responsibilities under
this Code.
(c) The National Excelsior Products Association is hereby desig-
nated the Administrative Agency for the Code Authority.
(d) The National Excelsior Products Association shall:
(1) Impose no inequitable restrictions on membership, and
(2) Submit to the Administrator true copies of its articles of
association, bylaws, regulations, and any amendments when maide
thereto, together with such other information as to membership,


organization, and activities as the Administrator may deem necessary
.to effectuate the purposes of the Act,
(e) In order that the Administrative Agency and the Code
Authority shall at all times be truly representative of the Excelsior
Products Industry and in other respects comply with the provisions
of the Act, the Admlinistrator may provide such hearings as he may
deem proper; and thereafter if he shall find that the Administrative
Agency and/or the Code Authority is not truly representative or daes
not in other respects comply with the provisions of the Act, may
require an appropriate modification in the method of selection of the
Administrative Agency and/lor Code Authority.
(f) Any member of the industry may participate in any en-
deavors of the Code Authority and/'or the National Excelsior
Products Alssociation in the preparation of any revisions of, or addi-
tions or supplements to this Code, either by becoming a member of
the National Excelsior Products Association or by sustaining its
reasonable shlare of the expense of administration of this Code.
(g) Nothing contained in thlis Code shall constitute the members
of the Code Authority partners for any purpose. 'Nor shall any
member of the Code Aut~hority be liable in any manner to anyone for
any act of any other Imember, officer, agent, or employee of the
Code Authority. Nor shall any member of the Code Authorityb
liable to anyone for any action or omission to act under theCode,b
except for' his own wilfu~l mlisfeasance or nonfeasance.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act:
(a) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code, in accord-
ance with the powers herein granted, and to submit the same to the
Administrator for his approval together with true copies of any
amendments or additions when made thereto, minutes of meetings
when held, and such other information as to its activities as the
Administrator may deem necessary to effect the purposes of the Act.
(b) To receive complaints of violations of this Code, make inves-
tigations thereof, provide hearings thereon, and adjust such com-
plaints, and bring to the attention of! the Administrator for prose-
cution, reconunendations and information relative to unadJu~sted
(c) To coordinate the administration of this Code with such
other codes, if any, as may be related to the industry, or any sub-
division thereof, and to delegate to any other administrative author-
ity, with the approval of t.he Administrator, such powers as will
promote joint and harmonious action upon matters of common
(d) In order to keep the President of the United States and the
Administrator informed as to the observance or nonobservance of
this Code, each member shall prepare and file with the statistical
department of the National Excelsior Products Association, at such
times and in, such manner as may be prescribed, statistics covering
the number of persons employed, wage rates, earnings, hours of work,
and such other data or information as the Code Authority may from
time to time require. All such information shall be kept confidential
as t meber oftheindustry, and only general summaries thre
may be published.


(e) The Code Authority shall establish and publish to the industry
within sixty (60) days after this Code becomes effective, standards
for and classifications of the industry's products, which standards
and classifications, when approved by the Administrator, shall there-
after be followed by all members of the industry.~nsit a)T fe
(f) The Code Authority shall establish,wihnsxydy fr
this Code becomes effective, a uniform system of cost finding, which,
when approvedl by the Administrator, shall be the basis for deter-
mnining costs of each member of the industry.
(g) Each member of the industry shall. within fifteen days after
the effective date of this Code, file with the Code A~uthority his
net price lists, or price lists and discount sheets as the case may be,
individually prepared by him, showing his current prices or prices
and discounts, and terms of payment. Revised price lists, or revised
price lists and discount sheets, may be filed from time to time there-
after with the Clode Authority by any member to become effective
upon a date specified by such member, which date shall be not less
than ten (10) dayls nor more than tw~enty (20) days after the filing
of such revised lists. Copies thereof, wTith notice of the effective date
specified shall be sent immediately by the Codle Author~ity to all
known members of the industry, who may file. if they: so desire,
revisions of their price lists and 'or discount. sh-eets whIichI, if filed
in less than five (5) days previous to such effective date shall take
effect upon the date when the revised price lists or discount sheets
first filed shall go into effect.
3. In addition to information required to be submittedl to the Code
Authority, there shall be furnished to gove~rnme~nt agencies such in-
format~ion and reports as the Adminisl~trator may deem necessary for
the purpose recited in Sectio~n 3 (a) of the Act. No individual re-
ports shall be disclosed to any other member of the industry or an~y
other party except to such governmental agencies as mny be directed
by the Administrator.

For all purposes of the Code the nets described in this _Article shall
constitute unfair practices. An memibe~r of the industry who shall,
directly or indirectly, through any officer, em~ployee, agent, or repre-
sentative, knowingly use, employ, or permit to be employed any of
such unfair practices shall be guilty of a violation of th~e Code.
1. False Marklin~g or Brandilg.--T he false marklinga or branding
of any product of the ind-ustry which has the tendency to mislead or
deceive customers or prospective customers, whether as to the gra~de,
quality, quantity, substance, character, nature, origin, size, finish,
or preparation of an product of the industry, or otherwise.
2. Misr~eprc;senltation orl False or MVisleaYding Advzertisi'l g.-The
making or causing or Imowingly permitting to be madle or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerningr the g~raide, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or th~e credit terms, values,
policies, or services of any member of the industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
prospective customers.


8. Commr~ercial Br-ibery.--No member of the Industry shall directly
or indirectly give or permit to be gven, or offer to give, money or
anything of value to agents, employees, or representatives of cus-
tomers, or prospective customers, or to agents, employees, or repre-
sentativres of competitors' customers or prospective customers, with-
out the knowledge of their employers or principals, as an inducement
to influence their employers or principals to purchase or contract to
purchase fromt the makers of such gift or offer, or to influence such
employers or principals to refrain from dealing or contracting to
deal with competitors.
4. I~nterferenci with Contractual Relations ---No member of the
industry shall maliciously induce or attempt to induce the breach of
an existing oral or written contract between a competitor and his
customer or source of supply, or interfere with or obstruct the
performance of any such contractual duties or services.
5. Secret Rebates.--No member of the industry shall make the
secret payment or allowance of rebates, refunds, commissions, credits,
or unearned discounts, whether in the form of money or otherwise,
or the secret extension to certain purchasers of special services or
privileges not extended to all purchasers on like terms and conditions.
6. Giving of Prizes, Peremiums, or Gifts.--No member of the in-
dustry shall give or offer to give prizes, premiums, or gifts through~
any scheme which involves lottery, misrepresentation, or fraud and
which are calculated to induce the sale of any product.
7. Defamation.--No member of the Industry shall cause the de-
famation of competitors by falsely imputing to them dishonorable
conduct, inability to perform contracts, questionable credit standing~
or by other false representations, or by the false disparagement of
the grade or quality of their goods.
8. Threats of Litigation.--The publishing or circularizing of
threats of suits for infringement of patents or trade marks or of
any other legal proceedings which are not made in good faith but
with the intent and having the effect of harassing competitors or
intimidating their customers.
9. Espionzage of Comnpetitors.--No member of the industry shall
secure or attempt t~o secure confidential information concerning the
business of a competitor by a false or misleading statement or rep-
resentation, by a false impersonation of one in authority whether by
bribery, or by any other unfair or fraudulent method.
10. Inequitable Contr~acts.--No member of the industry shall make
any contract of sale which permits the buyer to cancel same or which
provides for a lesser price to be paid in the event of a market de-
cline, unless such contracts shall also permit the seller to cancel same
or provide for a greater price in the event of a market rise.
11. Failure to Mark or Branzd.-No member of the industry shall
sell or offer to sell a product of this industry without clearly stating
and marking visibly the grade thereon.
12. Cost Protection.- C) No member of the industry shall sell or
offr t sel dreclyor indirectly, any product of the industry at a
prceloer tor at dircliscount greater, or on terms more favorable than
those set forth in his current price lists and discount sheets on fle
with the Code Aut~hority, or (b) sell, or offer to sell any products,
merchandise or service at prices below the lowest cost of any repre-


sentative member of the industry, as determined by the Code Author-
ity subject to the approval of the Administrator.
13. Terms of Scale.--No member of the industry shall sell or offer
to sell on more favorable terms of sale than net 30 days, without de-
duction of discount for prepayment.
14. False Billing.--No member of the industry shall withhold from
or insert in any quotation or invoice any statement that makes it in-
accurate in any material particular.
15. Repuldiating One's Own Cont~ac~t.--No member of the industry
shall repudiate a contract entered into in good faith when thes pur-
pose of such repudiation is to create for such member an unfair
price advantage.
16. Coeroion..--No member of the industry shall require that the
purcaseor lease of any goods be a prerequisite to the purchase or
lease of any other goods.
17I. Other Unfair Practices.--Nothing in this Code shall limlit thre
effect of any adjudication by~ the Courts or holding byF the FIiederall
Trade Commission on complaint, finding, and order that any practice
or method is unfair, providing that such adjudication or holding is
not inconsistent with any provision of the Act or of this Code.

1. This Code and all the provisions thereof are expresslymd
subject to the right of the President, in accordance with the ndpro-
vision of subsection (b) of Section 10 of Title I of the National In-
dustrial Recovery Act, from time to time to cancel or modify anyr
order, approval, license, rule, or regulation issued under T'itle I: of
said Act, and specifically but without limitation to t~he right of the
President to cancel or modify his approval of this; Clode or any
conditions im osed byv him upon his approval thereof.
S. This Co e, except as to provisions required by the Acet, may be
modified or amended on the basis of experience or changes in circum-
stance, such modification or amendment to be based upon applica-
tion to the Administrator and such notice of hearing as he shall
specify and to become effective on approval of the President, unless
otherwise provided.


No provision of this Code shall be so appliedl as to permiit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.

Based on conditions in the industry in this period of emergency
and to effectuate the operation of t~he provisions of thlis Code and the
policy of the National Industrial Recovery Act, the following
regulations are established:
1. All persons engaged in this industry shall register their pro-
ductive machinery with t~he Code Aut~hority within fifteen (5
days after the effective date of the Code. and in such form as may
be specified by the Code Authority.


2. No person engaged in this industry or for the purpose of
engaging in this industry shall purchase, manufacture, leases or
otherwise obtain or use productive machinery not owned, leasedi
or otherwise held by sulch person prior to the effective date of this
Code, except by securing a certificate of public convenience and
necessity from the Administrator that the obtaining, manufacturing
or use of such additional productive machinery is consistent with
effectuating the policy of the National Industrial Recovery Act;
but nothing contained herein shall be construed to prevent the re-
placement by a member of the industry of productive machinery of
equal productive capacities existing on the effective date of this Code
or the transfer of productive machinery from one manufacturer to
another person, provided some was in use prior to the effective date
of this Code, and provided further that such transfer does not have
t~he effect of creating additional productive machinery within the
mnd ustry.
3. The provisions of this article shall cease to be effective on the
expiration of six months from the effective dlate of this Code. Pro-
vided, however, that prior to that time the Code Authority may sub-
mit to t~he Administrator its recommendation that said period be
extended, based on suchl information as may be required, and if the
Administrator finds upon such information and facts that a further
extension of this period is consistent with and further effectuates the
policy of the National Industrial Recovery Act he may declare the
provisions of this article to be operative for such longer period and
under such conditions as may be necessary to fully effectuate the
policy last herein mentioned.

This Code shall be effective ten (10) days after its approval by the
Approved Code No. 146.
Registry No. 31(M)2.


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3 1262 08584 1962