NATIONAL RECOVERY ADMINISTRATION
CODE ,OF FAIR. COMPETITION
AS APPROVED ON NOVEMBER 4, 1933
u.tt OF L _
2. Letter of Transmittal
GOVERNMENT PRINTING OFFICE
I I -
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CODE OF FAIR C1OMPETITION, PIANO 11ANU7FACTURING 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 Competition for the Piano Mianufacturingf Indlustry,? and
hearings having been hieldl thereon and the Administratfor having
rendered his report containing an analysis of the saidl code of fair
competition, together with his recommendations and findings wsithi
respect thereto, and t~he Administrator having found thant the saidl
code of fair competition complies in all respects with the pertinenit
provisions of title I of said act and thant the requirements of cla~uses
(1) and (2) of subsection (a) of section 3 of the said act hav~e beenI
NOW', THEREFORE, I, Franktlin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by title I
of the National Industrial Recovery A~ct, approved June 16, 1933,
and otherwise, do adopt a nd a pp rove t he report, recommIen da tons,
and findings of the Administrator and do order that the saidl code of
fair competition be, and is hereby, ap~proved.
FRANKLIN D. ROOSEV'ELT.
THE TIHITE HOUSE,
Nlovemlber 4, 193J.
Hean S. JoHNSON,
Th~e W~h ite House.
Smn: A Public Hearing on the Code of Fair Competition for thle
-Piano Mlanufacturing Industry, submitted by the National Pinno
Manufacturers Association of Amnerica, located at 415 WVest 45th
Street, New York, N.Y., was conducted in Washington on the 27th
of SCeptember 193:3 in accordance with the provisions of the Na-
t~ional Industrial Recovery Act. The Association claims to repre-
sent 90 percent of the Industry.
The maximum hours permitted under this Code are forty (40)
per week, with a tolerance of eight (8) hours per week in cases of
emergency, provided that time and one half is paid for all hours in
excess of eight (8) per day. The minimum wage is forty cents
(40e) per hour or sixteen dollars ($16.00) per week for all factory
workers and thirty-fivre cents (359) per houlr or fourteen dollars
($14.00) per week for all other employees, except that not more thian
5 percent. of each group may be paid not less than 80 percent of the
minimum wage and shall include only learners for a period of not
to exceed six (6) weeks and office boys~ and office girls between the
ages of sixteen (16) and eighteen (18) years.
In this regard it muust bte noted that comparison of 1929 figures
are not applicable due to the fact that statistics show that the peak
year for the! Piano Mfanufacturingf Industry was 1923, and that since
that time the number of employees has declined steadily until in
1929 only 415 percent of t~he .1923 wage earners were employed and
in 1933 approximat~elyr 17 percent. This decline is largely due to
the dev-elopment of radio and mechanical musical devices as well as to
the general slump in business. This hans resulted in a decrease in the
value of products of about 61 percent.
Factory workers constitute approximately 90 percent of the wage
earners in t~he Industry. A statistical analysis by the Division of
Economici Planningi and Research indicates that the percentage' of
factory wrorker~s inl the Indcustry now: receivingr less than the forty
cents (40<) minimum is 22.5 percent. At least 7~5 percent of the total
factory employees are higahly skilled and provision is made that
employers shall endeavor to increase the pay above thle present rates
when alr~eadv\ in7 excess of thle mlilinimumn.
Since the volume of business in this Industry has decreased so
radlically, it is not anticipated that any great number of wage
earners will be reemploy-ed as a result of the provisions of this Code
as a greatly increased cost of labor will decrease still further the
number of sales to consumers.
In 1923 the total number of wage earners in this Industry was
22,206, decr~easedd to 9,970~ in 1929, and to approximately 3,710 in 1933.
A decreased of approximately 85 percent.
To raise employees to the 1929 level would require the establish-
ment of a 10.6 hour week. Since the cost of labor constitutes about
33 percent of the total cost of the finished article, the increased cost to
the consumer would be p~rohibitive.
The value of products in the Pianor MaInufa~ctur~ingr Industry in
1929 was $412,500,000 and declined to $15i000,000 in 19;31, a decrease
of approximately 65 p~ercent.
The Administrator finds that-
(a) Thre Code as recommended, compllies in all respects w~ith thie
pertinent provisions of Title I of thie Act, including, without limita-
tion, subsection (a) of Section 7, and subsection (b) of Section 10
thereof ; and t~hat.-
(b) The National Piano M~anufacturers Association of America,
the applicant group herein, imposes no inequitable restrictions on
admission to membership and is truly representative of the Piano
Manufacturing Industry; and that--
(c) The Code as recommended is not designed to promote monopo-
lies or to eliminate or oppress small eniterprises and wFill not operate
to discriminate against them, and will tendl to effectuatee the policy
of Title I of the National Industrial Recovery Act.
This Industry has cooperated in a most satisfactory manner with
the Adlministration in the preparation of this Code. Fromt evidence.
adduced during this hearing and fromt recommendation anld reports
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 herew~ith submitted
Hanc S. JoHNson,
A dzin is tra to~r.
CODE OF FAIR COMPETITION~ FOR THE PIANO
To effectuate the policies of Title I of the National Industrial
Recovery Act,! the following provisions are submitted as a Code of
Fair Competition for the Piano Ma~nufacturingg Industry and, upon
approval by the President, shall be the standard of fair comnpeti-
tion for this Industry and shall be binding upon every member
1. The term "L Piano Mianufacturing Industry as used herein in-
cludles the building, fabricating, repairing, reconstructing, remnodel-
in~g, and the assembling of pianlos, and.or manteriails, supplies, and
Parts thereof, and the branches or subdivisions ther~eof.
2. The term employee as used herein includes any~ person en-
gagedl in any phase of the industry, in any capacity, in the nature
of employees receiving compensation for his services, irresp~ective
of the mnethiod of payment of such compensation.
3. The terml emiployer as used hierein includes anyone by whoma
suich employee is comnpensated or emnployed.
41. The termn member of the inldusitry "' includes anyone engaged
in the ind ustry as above defined, either a~s an employer or on his own
5. The terms "'President` ", "Act ", and "'Administrator as used
her~ein shall mean respectively the President of the U~nited States, the
National Recovery A~ct, and the Administrator~l of said Act.
6. The term~ '" ileaner "1 as used herein, shall miean an employee
without previous exper~ience or emlployment in the ind~ustry.
'i. The ter~m "' finishing departments as uised hereinl shall include
the followings operations in mnunlfactur~e:
(a) Side glueing or building of upright. piano cases
(b) Installation of keys, actions, ha7mmer~s, andl dampers into
the strung piano ease
(c) Regulation of keys, actions, andl dampers
(d) Tone regulation
(e) Final rubbing and polishing
(f) Fly finishing of the strungr piano ense (legs, trapw~ork,
hinges, tops, etc.)
(h) Final finishing, inspection, and retouching of keys
(i) F~inal assembling, adjusting, anid inspection of piano
(j) FIinal inspection
(k) Packing and shipping
1. No member of the industry shall employ or cause to be em-
ployed, factory or mechalnical wForkiers or artisans, except emergency
repair crew-s, more th~an forty' (40) hours per week nor more than
eight (8) hours per dlay; provided, however, that employees engaged
in operations in finishing departments shall' be permitted to work
not to exceed forty-eight (48) hours per week for e. total of six (6)
weeks during each twelve (12) months period following the effective
date of this Code; provided, further, that: time and one-half shall be
paid to such employees for all hours per wveek( over forty (40) and
all hours 1per day n\over weight (8).
2. No member of the industry shall employ or cause to be em-
ployecd office or salaried employees or other employees not otherwise
sjpecificallyv referred to herein for more than forty (40) hours per
wreek, averaged over any consecutive three (3) months period, pro-
vided that no such employee shall be employed more than forty-eight
(48) hours in anly one wreek nor more than eight (8) hours in any
one day; and provided further, that the total number of hours
worked by such employee shall niot exceed five hundred twenty (520)
hours in any thirteen (13) wreekrs' period.
3. The maximum hours provided shall not apply, however, to em-
ployrees mn managerial, sup~erv\isory, sales, or executive capacities, out-
side tuners, andl technicians on research and engineering staffs, who
now receive thirty-live ($35.00) dollars or more per week, nor to
outside: salesmen, nor outside service men other than tuners.
4. WVatchimen shall be employed in pairs and shall work not more
than thirty-sixx (36) andl for~ty-eigaht (48) hours on alternate weeks,
or an average of forty-two (42) hours per week.
5. Employers shall not. reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the Act.
6. No emiployee shall work, or be permiitted to work, for a total
number of hours in excess of the number of hours herein prescribed,
whether he be employed by one or more employers.
1. The miniimum wage that shall be paid by any employer to any
particular factory worker shalll be forty (40$) cents per hour. How-
ever, learners may be paid not. less than eighty. (80%c) percent of the
minimum rate; the number of learners shall not exceed five (5%~)
percent of the total nulmber o~f employees engaged in the processing
of products and in labor operations directly Incident thereto; the
period of learning shall be limited to six (6) weeks.
2. The minimum wage that shall be paid by any employer to all
other employees, except as already noted, shall be at the rate of four-
teen ($14.00) dollars per week, provided, however, that office boys
and office girls who shall be between sixteen (16) and eighteen (18)
years of age may be p~aid- not less than eighty (80%) percent of such
minimum wage, but the total number of such office boys and office girls
shall not in anly calendar month exceed five (5%) percent of the total
number of all employees covered by the provisions of this article.
3. The minimum pay for female labor on such light nonhazardous
work as has customarily been performed by female wvorkrers shall be
thirty-twfo (32$) cents per hour. Female employees performiing sub-
stantially the same workr as male employees shll~I receive the same
rates of pay as male employees.
4. The rate o~f wagnes for various classificationsj of emnployees re-
ceiving more than t~he minimum wages herein provided sha~ll not be
reduced below those in ebect for such elassifientions on June 16;, 1933,
notwithstanding that the hours of w~orki inl such emlploymnentt many be
reduced; and the minimum wages above set fourth shall b~e made to
apply as w~ell t~o comp~ensationi for piecework, andc all members of this
industry shall endeavor to increase the payl of all emp~loyeers in excess
of the minimum wage as herein set. forth~ by an eqjuitable a~djustmentl
of all pay schedules proportionate to the increase in compl-elnstion as
determined by the mnniniimum wag~e herein provided.
ARTICLE V --rTENERAL LAnonR PRO\'ISIONS
1. No person under sixteen (16) years of age shall be emnployed in
the industry, nor anyone under eighlteen (18) years of age at occupa-
tions. or operations hanzardous in nature or d~etrimiental to healthi.
The Code Authority shanll submit to the Administent,t or. within sixty
(60) days a list of such occupations. In any State an emploerr
shall be deemed to have complied with this pr~ovision if he shall
have on file a certificate or permit duly issued by' the a~uthority inl such
State empoweredd to issue employment or age cer'tificates or pecrmiits,
sihow-ing that the emnploy3ee is of thle required age.
2. Employees shall hauve th~e right to organnize and barga'~in collee-
tively, through representatives of their own choosing, ani shiall be
free from interference, restraint, or coercionl of emnployers of labor,
or their agents, in the designation of suich re~prese~1ntativs or in self-
or~ganization or in other concerned netivities for the purpose of collee-
tive bargaining or other mutual aidl or protection;
3. No employee and no one s~eeking~ emiployment shall be required
as a condition of employment to joini any' ompny~l! unIIOn or' to r'e-
frain fr~om joining, orgranizmlg, or assisting a labor1 organrizati~fon of
h~is owrn choosing; and
4.. Employers shiall c~omply with thfe maximumln hiouri of Inbor,
minimum rates of pay, aind other conrditions of emp~loymlnt: approved.
or pr~esicribedl by3 t~he Precsident.
5. Each employ:er hall p~ost, andl keep, posted~ in a conspicuous
place, full copies of thle wagre, houir, And labor provisions of this
6. If any emnployer of' labor in the Pianlo lunn~ufa cturingl2 Industry
is also an emnployer of labor in any other industry, the provisions
of this Clode shall apply t~o and affect only that part of hiis business
wThich is included inl the Piano Rlanulfacitu ring~ Indcustryv.
7. Within each State, mnembersi j of the industry shall comply with
any lawTS of sulch State imnposing more stringent reqluiremuents, r~egu-
lating the age of employees, wages, hours of w7ork, or health, fire, or
general working condlitions, than under this Code.
To further effectuate thie policies of the Act, a7 Codce Aruthor~ity is
hereby established to cooperate with the Admninistrator in thle Adin-i1
istration of this Code.
1. Organization and Constitution of Code Authority.
(a) The Code Authority shall consist of five members of the
industry, or such other number as may be approved from time to
time by the Administr~ator, elected by a fair method of selection, to
be approved by the Admlinistrator and not more than three mem-
bers without vote to be appointed at the discretion of the
A dmin ist ra to r.
(b) Thle National Piano Ma~nufacturers Association of America is
hereby designated the administrative agency for carrying out the
provisions of this Code under the direction of the Code Authority,
subject to the approval of the Administrator.
(c) The National Piano Mianufacturers Association of America
shall submit t~o the Atdmin~istrator its Article of Association, By-
Laws, Regulations, and any amendments when made thereto, and
such other information as to its membership, organization, and
activities as the Administrator may require to effectuate thle purposes
of this Act..
(d) Any member of the industry may receive the benefits of the
activities of the Code Authority by paying his proper pro rata share
of the cost of administering the Code or by becoming a member of
the National Piano Manufacturers Association of America and there
shall be: no inequitable restrictions on such membership.
(e) In order that the Code Authority shall at all times be truly
representative of the indlustry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he mnay dleemn proper; and thereafter if he shall find that the Code
Auth~ority is not truly representative or does not in other respects
comnply with the provisions of the Act, may require an appropriate
modification in the 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 power of the
Admlinistrator to modify, dlisapprove, or revoke any Act of such
(a) To require and receive sworn or unsworn reports as to wFages,
hours of labor, conditions of employment, number of employees, ship-
ments, production, sales, stocks, prices, and other matters pertinent
to the purpose of this Code.
(b) To transmlit to the A-dministrator from time to time such
reports as he may desire.
(c) To make investigations as to the furnctioning and observance
of anly provisions of this Codle at its ow~n inistance or on complaint
byg any person affected andi report. the same to the Administra~tor.
(d) To formulate andi prepare for submission an amendment to
this Code, providing for t~he prohibition of unfair trade practices
mn this industry.
(e) In addition to the information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator madeemncs
sary for the purposes recited in Section 3 (a) of the 4A ct.demncs
1. This Code and all the provisions thereof are expressly made
subject to the right of the 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 mnodify 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 mlodify 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, miay be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Admlinistrator and
such notice of hearing as he shall specify, and to become effective
on approval of the President..
3. Any member of thle industry wvho, prior to June 16, 19133, con-
tracted to buy or sell any gaoods; w~ares or merchandise at a. price
fixed as of the date of said contract for future delivery, shaHl make
a bona fide effort to alrrivee at anl equitable adljustment on the price
thereof as fixed b~y said contract to m~eet, any proper increase in the
cost of such goods, wares or mecrchandise imposed by virtue o~f any
provision of the National Indlustrialn Recovery Act and in the event
such effort fails to result in the mutually satisfactory~ adjustment
either party to ~sid contract may refer the samne for adju,-tmlent
to the Code Authority of the industry which. with the aid and assist-
ance of the Administrator or his properly designated agent or agents,
shall endeavor to arrive at an equitable adljustment ther~eof.
ARTICLE V~III-A.IONOPOLIES, ETC.
No provision of this Code shall be so applied as to permit mnonopo-
lies or monopohistic practices, or to elimninate, oppress or discrimlinate
against small enterprises.
ARTICLE IX--PRICE INCREASES
Wlher~eas the policy of the Act to increase real puirch~sin g p~ower
will be made impossible of consummation if prices of goods and
services increase as rapidly as wagfes, it is recognized that price in-
creases should be delayed and that, whhen made, thle same should, so
far as r~easonably possible, be limited to actual increases in the fceller's
ARTICLE X--EFFECTIlm DATE
This Code shall become effective on the second 1\fonday after its
approval by the President.
UNIVERSITY OF FLORIDA
IllllIIY I IIIHi ilIIIIHIlIII
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