Amendment to code of fair competition for the furniture and floor wax and polish industry as approved on July 12, 1934

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Material Information

Title:
Amendment to code of fair competition for the furniture and floor wax and polish industry as approved on July 12, 1934
Portion of title:
Furniture and floor wax and polish industry
Physical Description:
8 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Polishes industry -- Law and legislation -- United States   ( lcsh )
Floor polishes   ( 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. 625-02."
General Note:
"Approved Code No. 224--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004943078
oclc - 63654817
System ID:
AA00006693:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO

CODE OF FAIR COMPETITION



FURNITURE AND FLOOR WCAX

AND POLISH INDUSTRY


UNIV. OF FL UBI.




U.S. ggPOMSTORY(


Far asae by the Superintendent of Documents, Washington, D.C. - Price 5 centa


Approved Code No. 224i-Amendment No. 1


Registry No. 625--02


AS APPROVED ON JULY 12, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934

























This publication is for sale by the Superintendent of Documents, Government
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Approved Code No. 224t-Amendment Nlo. 1


AMENDMENT T`O CODE OF ]FAIR COMPETITION
FOR THE
FURNITURE~ AND ]FLOOR WVA~X: ANDI PO;ISHE~
INDUSTRY

As Approved on July 12, 1934


ORDER

Avenovxxo AMIENDMIE20T OF GODE OF FAIR COMPLETION PFOR THE~P
FURNYPUJRE AND FMORa Ax AND POrUsHI 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 approval of amendments
to a Code of F~air Comnpetition for the Furniture and F~loor Waxr
and Polish Industry, and hearings having been duly held thereon
and the annexed report on said amendments conltaininrg findings
with respect thereto, having been made and directed to the 1Presidentf:
NOWv, THEREFORE, on behalf of the President of the United
States, I, Hugh 8. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in rne by Executive Orders of the
President, including Executive Order No. 6543-Ai?, dated December
30, 1933, anid otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendments and the Code
as constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amnendments
be and -they are hereby approved, and that the previous approval
of said Code is hereby modified to include an approval of said Code
in its entirety as amended.
HUsnB S. JoHNwon,
Administrator for In~dustrial R~ecovery.
Approval recommended :
GrEO. L. BERRY,
Division Admin~istrator.
WASHINOTON, D.C.,
July 19, 1938.


73487"--8"20--5343













REPORT TO THE PRESIDENT


The PRESIDENT,
The White Hiowre.
SmR:A Code o~f 1Fair Compet~ition for thle Furniture and Floor WTax
and Polish Industry was approved by me on January 23rd and
became eflfc~tivec on Febtrulary 2nd, 1934.
Since that time, it has been deemed advrisab~le to bring under this
Code three groups whlich are closely allied w~ithl the above Industry.
These groups are the H~ousehold Lubricants andi Penetrants,, Silver
and M~etal Polish and Swreeping Compound Ind~ustries.
The Code Authority for the Furniture andl Floor W\ax and Polish
Industry and the NTiatlonal Association of Chemiedl Spiecialty Mlanul-
fact~urers, In7c., claiming to represent seventy-eigh~t (789'o) percent of
the. Industry, submlittedl an application to include the three above
mentioned groups under the approved Code. A Public Hearing on
the proposed amendments was conducted in Warshingrton, April 30th
19341, in accordance with the provisions of the National Industrial
Recovery Act.
By amending the definition of the Indust~ry, the three groups have
been included under the provisions of the Furniture and Floor Waxu
and Polish Code. The Code Authority has bee~n enlarged to eight
members in order that it may be truly representative of th~e Industry.
"Supplementall Code Authorities have beetn p~rovidled for the Silver
Sand Metal Polish and the SwFeepinga Compound D~ivisions. Provision
has also been made for the establishment of individual subordinate
Code Authorities if at any time in the future additional related
Industries or divisions are included, under th pr~ovisiolns of the Fur-
niture and Floor Wax and Polish Code. It has also, ben provided
that the Administrator, after such hearings as hie may deem proper~
may require an appropriate modification of thle composition anc
selection of the Code Authority or th1e subordinate Cod~e Authorities.
The Code has also been amended to allo the Codile Author~ity and
the several subordinate Code A~uthorities to collect expecn-ses for the
proper' admiinistration of the Code. The provis~ionr for Free Gcoods
and Allowances has been amended so that th p~rovisio~n will not pro,-
hibit the gift of a product of the Indlustr~y or lremiiumns to thec
ultimate consumer.
The Open Price Provision for the Furniture and Floor Wax and
1Polish Industry has been deleted, and ini place thereof there has been
inserted the. Emergency Provision for tlhe Sw~eeping Clompound andl
Silver and Mletal P~olish Divisionls. SCtalndardl Termis of Cash D~is-
cournts haveF been amecnded in border to avoidr colnict w~ith thle various
oultlets th~rough which the Industry9 sells its pr~oducts. A new pr~o-
vision '"Sulbstitutionl of G~oodls", which applies to the Silver andl
Metal Polishi Division, hasj bee~n add~ed.








TH INDUSTIRY

A number of the Fur~niture and Floor WT~ax and ]Polish Industry
members also manufacture one or more of the! products of the
ITndustries which are provided for in the amendments. T~he Amnend-
ments will assure proper administration and tend to av-oid conflict
and overlapping of code provisions which might result under other
c ircu msta nces. The hour and wage~ condlitions of labor are also
quite similar in all the gr~oups.
There ar~e bout 150 establishments listed for the Household
Lubricants aznd Penetrants IndustryT, ony 20 of which are important
in sales volume. Annual sales amounted to about $1,000,000.
There are about. 200 establishments in the Silver and M~etal Polish
Industry~, 15 of which have a, substantial sales volume! and employ
ten or more workers. Annual sales were about $2,000,000 in 1929
and $1,400,000 in 1933.
There are about 150 establishments included in the Sweepling
Compound Industry, approximately 20 of which are important fromt
the viewpoint of sales. Aggregate annual sales have been about
$2,000,000 in recent years.
ECONOMIIC EFFECT OF TH AMENDMENTS

A considerable proportion of the employees engaged in the ]House-
hold Lubricants and Penetrants Industry are engaged in such tasks as
filing, labeling and packaging. WSjorking hours ranged up to 48
per week prior to the Piresident's ReempleS ment Agreement, but ha~ve
since been generally reduced to 40 per week with some small increase
in employment. Minimum wage rates have generally been rather
low, 30 cents per hour quite general at present. It is believed that
the Code labor provisions will provide minimum wages at least
equal to those of 1929, and payrolls will be increased an additional
ten percent.
The number of employees in thie Silv~er and Metal ]Polish Industry
decreased from 1,150 in 1929 to 900 in 1939 but increased to about
1,000 in late 1933. Working hours formerly varied between 40 and
48 and were generally reduced to 40 under the President's Reemploy-
ment Agareement. Ilinimum wage rates, which, in some cases, form-
erly were as low as 20 cents per hour, now range from 30 to 40 cents.
It is estimated that operations under the Code will lead to anl increase
of approximately ten perce-nt in the Industry's_ payrolls.
The number of employees in the Sweeping Compound Industry
remained about 300 during 1928--1933. It is estimated that payrolls
will be increased about 20 percent w~ith complete compliance with
the Code's provisions.
FINDINGS

The Deputy Adminisstrator in his final report to me on said amend-
ments to said Code havingb found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) The amendments to said Code and the Code as amended' are
well designed to promote the~ policies and purposes olf Title I of the








NLational Industral Recovery Act including thecr remov-al of obstrue-
tions to the free flow of inter-state and foreign conmmrce which tend
to diminish the amount thereof, and will provide for the general
~e~lfare by promoting the organization of Industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by elimninatingo unfair competi-
t~ive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production. exceptt as may be temporarily required), by
increasing the conisumiption of industrial and agricultural products
through Increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating Industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Ttle of said Act, including without limita-
tion subsection (a) of Section 3, subsection (a) of Section 7, and
subsection (b) of Section 10 t~hereof.
(c) The N~ational Associat~ion of Chemical Specialty 3fanufactur-
ers, I~nc., was and is an industrial association, which, together with
the Code Authority are truly representative of the aforesaid Indus-
try anld that said association and said Code Authority imposed and
impose~s no ~inequitable restrictions on admission to membership
therein and has applied for these amendmnnts.
(d) The amendments and the Code as amended are not designed
to anld will not permt monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
amnendmoen~ts.
For these reasons, therefore, the amendments have been approved.
Respectfully,
How[~a S. ;JoHNsoN,
Ad ~irnist rat or.
JvorL 12, 1934.












AMIENDMENT TO CODE OF FAIR COM~PET~ITIONi FOR
THE FURNITURE AND FLOOR WAXC ANID POLISH
INDUSTRY

Article II, the term Industry shall be amended to read as
follows :
The term Industry as used hetretin includes thie manufacture
and/or packiaging of products conrtaining wax and/or oil compounds,
as essential constituents, for use! in the treatment of floors and furni-
ture; lubricants, penetrants and the like commonly used for ho~use-
hold or equivalent purposes and sold under trade names in small.
containers; compounds used for the purpose of cleaning and/or
polishing metal surfaces, and such related industries as may from
time to time be included under the provisions of this Code."
"L The term Silv7er and Metal Polishl Division means that portion
of the industry engaged in the manufacture and/or pack~aging of
products used for eleatning or polishing fine or base metal surfaces."'
"L The term Sweeping C'ompound Division as used herein means
that portion of the Induxstry enpa"ged in the manufacture of com-
pounds used in sweeping floors.'
Article VI,1 Section 1 (a), shall be amended to read as follows:
"L(a) The Code Authority shall consist of eight (8) members of
the Industry, or such other nume as mray be approved from time
to time by the Administrttor, to be elected by9 thte Industry. The
Administrator mal~y appoint not more than three (3) additional
members without vote to represent the Administrator, without coml-
pensation from the Indus;try."
Article `VI, Bectiorn 1i (e) shall be deleted and the following shall
be inserted in place thereof :
Related industries or div-isions wFihich may from time to time
be included under the provisions of this Code, with the approval
of the Administrator, may establish their owFpn subordinate Code
Authorities which shall be independent and Iself-supportig and
may deal under the supervision of the main Code ~Authority- wcith
the Admninistrator in respect to conditions or problems relating ex-
clusi vely to said rela ted industries. The subordinate Code A4ut~hority
of such related industries shall be entirely responsible for the d
ministration of ths Code in their respective D~ivisions."
"1. The following subordinate Code Authorities are hereby
constituted :
"L(a) The Silver and M~etal Polish Subordinate Code Authority
which shall consist of three (8) members to be selected by the maem-
be~rs of that Division by a fair method of election approved by the
Administrator.
"'(b) The Sweeping Compound Subordinatte Code? Authority which
shall consist of three (3) members of that Division by a fair method
of election approved by the Administrator."








Article V~I, rSection, 1 (e) shall be amended to read as follows:
(e) In order that the Code Authority andc the Subordinate Code
Authorities shall at all times bet trly representative of the Industry
and in other respects comply with t~he provisions of the Code, the
Administrator may prescribe such hearings as he may deem proper;
and thereafter, if he shall find that the Code Authority and/or the
subordinate Code Authorities are not truly representative or do not
in other respects comply with the provisions of th~e Code, may require
an appropriate modCification of the composition and selection of the
Code A1~utfho~rity or sub~_ordinate C~ode Authorities."'
Artile VCI, Section i9 Sutbsectiont (d) shall be deleted and the follow-
ing substituted therefore:
"L(1) It being found necessary in order to support the administra-
tion of this C'ode and to maintain th standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Auth~ority and the several subordinate Code Authorities are
authorized :
"(a) T~o incur such :reasonable obligations as are necessary and
prlrper for tthe foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter providled and which
shall beb held in trust for the pur-poses of the Code;
"[(b) To submit to the Adrmimstrator for his approval subject to
.such notice and opportunity to be heard as he mlay deem necessary
"(1) An itemlized budget of its estimated expenses for the
foregoing purposes, and
"'(2) An,;,,, ; equiabl basis upon,, whic th ud ecsayt
support such budget shall be contributed by members of the
Industry under its jurisdiction;
"L(c) After such budget and basis of contribution have been
approved by the Admninistrator, to determine anrd obtain equitable
contributions as above set forth by all members of the Industry
under its jurisdiction, and to that end, if necessary, to institute legal
proceedings therefore in its o~wn name.
''(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity and/or hnis Subordinate Code Authority, determined as here-
ina~bove provided, and subject to rule and regulations pertaining
thereto issued by the Administrator. Only mlembers of the Industry
complying with the Code and contributing to the expenses of its
adnunilstration as hereinabove provided, shall be entitled to partici-
pate in th selection of members of the Code Authorityg aendithe
appropriate Subordinate Code Authority or to receive tebnft
oft any of their voluntary activities or to make use of any emblem
or insignia of the Nationral ]Recovery Administration.
"(~l3) The Code Authority and heSubordlinate Code Authorities
halneith~er incur nor pay any obligation in excess of the amount
thereof as estimated in its approved budget, except upon approval
of the Administrator; and no subsequent budget shall contain any
deficiency item for expenditures in excess of prior budget estimates
except those which the Adlministrator shal have so approved."
Article II ,fi.grspraraph shall be amended to read as follows:
The following prHc~tic~es constitute unfair methods of competi-
tion for members of the Industry and~l are proh'ibited, except for








products of the Silver and M~etal Polish and Sweeping CompIound
Divisions of the Industry sold for export trade as defined in the
Export Trade Act adopted Alpril 10, 1918."'
Article VIII~, Section 6, shall be amended to read as follow~s:
"L 6. Free Goods anld Allowa~nces.--The offering or giving of f~ee
goods. Th~is provlision shall nlot apply to the gift of a product of
the Indust~ry or premiums to the ultimate consumer; materials
marked sample ', 'not for sale ', or similarly designated. This
provision shall not. be construed to prohibit anry advertising allow-
ance which is made for a definite service rendered and for which
there is a proper audlit~able accounting as a direct charge for coopera-
tive advertising."
Article T'lII, Sectio~n 11~, shall be deleted and the following in-
serted therefore:
"' 11I. Emerge ncy~ Pro-v isio ns--Sw~teepinlg Complou~nd and~l Silve~r
a~nd Mletal Polish Divisions.--(a) If the Adlminlistrator, after inves-
tigation shall at any time ~find both (1t) that an eme~rgency has arisen
within the Indlus-try adversely affecting small enterprises or wages
or labor conditions, or tending toward monopoly or other acute
conditions which tend to defeat the purposes of the Ac~ct; and (2)
that the determination of the stated minimum price for a specified
product within the Industry for a limited period is necessary to
miitigazte t.hie conditions constituting such emergency andt of etheae
the purposes of the Act, the SubordinateCoeAtriyoth
Division affected may cause an impartial algency to ,ii~nvestigate
costs and to recommlend to the Administrator a dtriaino
the stated minimum price of the product affected by the emergency
and thlereupon the Admninistrator may proceed to determine such
stated minimum price.
"i (b) Wh~1en the Admninistrator shall have determined such, stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emnergency and to eAfectuate the purposes of the National I~n-
dustrial Recovery Act, he shall publish such price. Thereafter,
during such stated period, no member of the Industry shall sell
such specifiedl products at a net realized price below said stated
minimum price and any such sale shall be deemed destructive price
cut~ting. From time to time, the Subordinate Cod~ ,A~uthority of
the Division affected may :recommlend reviewri or, :reconsideration
or the Administrator may cause any determinations hereunder to
be reviewed or reconsidered anrd appropriate action taken. The
provisions of this Section shall not apply to the Furniture and
Floor WVax and Polish Division of the Industry."
Article VIIIl, Sect~ion 14 shall be amended to read as follows:
14. Standard Telrms of Cash Discmmte s.---No member of the
Industry shall allow a dliscount for early payment greater than 2cle
of the amount of the invoice after deduction of quantity discounts
and transportation charges.
1. On invoices dated before the 25th. of the month, for
payment on or before the 10th of the m~o~nth following; net
thereafter.









2. On. invoi~cs datetd on or after the 25th of any month
for payment on or before the 10th of the second month follow-
mng; net there f ter.
" Pro-vided~ that for products of the Sweeping Compound Divi-
sion shippecd in solid or pooledl carloads, or truckloads in excess
of seven (7) tons, there may be permitted split dating of 30, 60,
and3 90 dlays allowing payment of the amount of the invoice for such
shipmen~:t in three equal installmnents."'
Therre shall be a new section known as Section, 16 of Arti'cle V~III.
"L 1-6. Su~bstitutfoll of G-oodsj-Silv)er andl M2etal Polish Indurstry.--
No member of that D~ivision shall take in exchange for his or its
owCn goods, similar products of another manufacturer, distributor
or dealer."
Approvedi Code No. 224---Amencmenen No. L.
Registry9 No. 625-42.


















































































































































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