Supplementary code of fair competition for the railway and industrial spring industry (a division of the machinery and a...

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Material Information

Title:
Supplementary code of fair competition for the railway and industrial spring industry (a division of the machinery and allied products industry) as approved on April 23, 1934
Portion of title:
Railway and industrial spring industry
Physical Description:
7 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry no. 1414-08."
General Note:
"Approved Code No. 347--Supplement No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942738
oclc - 654835103
System ID:
AA00006745:00001

Full Text






NATIONAL RECOVERY ADMINI~ISTRATION




SUTP~PLEIMIENTARYr
COD)E OF FAIR COMPETITION
FOR THE


RAILWAY AND INDUSTRIAL


UNIV. OF FL LIB.







UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 19341


I I
For sale by the Superintendent of Documents WashibngtnD.C. - Price 5 cents


Approved Code No. 347--Supplement No. 2


Registry No. 14141--08


WE DO OUR PART


SPRING INDUSTRY

(A D~ivisionr of the Macehinery and Allied Products Industry)
AS APPROVED ON APRIL 23, 1934

























This publication is for sale by the Superintendient of Documents, Government
Printing Office, Washington, D).O., and by district. offices of the Bur'eau of Foreign
and Domestic Commoerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE

Atlanta~, Ga.: 504 Post Office Iluildling.
Biri'ngih am,, Ala.: 257 Feeralru Buildlingr.
Boston, Mlass.: 1801 Custombouse.
Ruffulln. N.Y.: Chamber of Commerce Buildingr.
Char!les~ton,, S.C.: Chamber of Comlmerce B~uilding.
Chic nc,l, Ill.: Suite 1706~, "1.1 North WVells Street.
('c~l ve land. Ohio: Chamber~ of Commere.
Dulnn< Tex.; Chamber of Commerce Buib~ling.
Detr'oit, Mc~ich.: 801 First Natliona~l 1Bank: Building.
Houston, Te~x.: Chtamber of Commerce Buibl~ing.
Indinan~l1imlis, Ind.: Chamber of Commerce H:uildling.
Jarckwaviil e.. Fila.: Chamber of Comamerce Buib~ling.
~ka;ln- o C:ity. Moc.: 1028 Bazltimore Avenue.
Los~ Ana~cks. Calif.: 11 13 South Bloroadway..

Mb;emphis, Tenn.: 220 Federal B~uildling.

New; Orleans, Lau.: Rtoom 225-A, Customhouse.
New!F Yor~k, N.Y.: 734- Customhouse.
No~r~folk, Va.: dfu;~l Ent Plume Stree~t.
Plain.10icllshin, Pai.: 4i"2 Commercial Trust Buibtling.
Patr.--burrgh. Pa.: Chamber of Comlmer~ce Buib~ling.
Prlltlandll. Ol.(g.: 215 N~ew Post OtheeC Duibling~.
St. Louis, Mo.: '\06 Olivet Street.
Ban Franllc~isco, Calif.: 310 Custombhouse.
seattle, Was1. : 800I~ Federal Office Bulildinlg.











Approved Code No. 347---Supplement No. 2


SUPPLEMENTARY COD)E: O1F FALIR COMPETITION
FOR THE

RICAI[LWAY AN~D INDUSTRIAL SPRING INlJDU7ST~RY

As Approved on April 23, 1934


ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THIE RAIL'WBY AND
INDUSTRIAL SPRING INDUSTRY

A DIV'ISION O1F THE MIAC'HINERY AND ALLIED PRODUCTS INDU~STRY

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Acet, approved June 16i, 1933, for approval of a Supple-
mental Code of ]Fair Competition for the Railway and Industrial
Springf Subdivision of Machinery and Allied Products Industry, and
hearings having been duly held thereon and the anncxedt report on3
said Supplemental Code, containing findings with respect thereto,
having been made and directed to the President:
NOW, THEi~REFORE, on behalf of the ]Presidlent of the United
States, I:, Hugh S. Johnson, Administrator for Industrial Recovery,
puresuant, toauthnorit vested in me by Executive Orders of the
Preidetincudig xecutive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexedl report and do find that said Supplemnental Code complies
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 Supplemental Code of Fiair Competition be and it is hereby
approved on condition that the Railway and Industrial Spring Asso-
ciation shall amend its Articles of Assoc~iation andc By-Laws to the
satisfaction of the Administrator on or before April 27, 1934, as
provided in the Executive Order of approval of the Code of Fair
Competition for the Machinery and Allied Products Industry as
approved on March 17, 1934. a
HUGaH S. JoHNSON,
Admiznistrator for Industrial Recovery.
Approval recommended :
~A. R. GLANCY,
Division Adinz7istrantor.
WABSHINGTON, D).C.,
April 93, ~1934S.
54404*-----482-148----84(1








REEPORT TO TIHE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Supplemental Code of Fair Clompeti-
tion for the Railway and Industrial Spring ]Manufacturing Subdi-
vision of the M~lachinery and Atllied Products Industr~y, ]Publlc Hear-
ing having been condlc~tedl thereon in Washington, D.C., December
21, 1983, in accordance with t~he pr~ovisiocns of Title )I of thle National
Indu~t r~inI Recovery ~Act.
G]ENERAL STATEENT

The R~ailway and Industri~al Spring Aissociation beings truly rep-
resentative of this Subdivrisionl of the M/lachinerc ad FAlied Prodc-
ucts Industry, has submitted a SupplermentalCd f arCm
petition'to the Bas~ic Code for the Ma~chinery andi Allied- Products
Industry, approved by you March 17, 1934. The Railway and In-
dustrial Spring Industry is a capital goods industry3 and Is engaged
in the business of manufacturing and selling hot formed~r hehical
elliptical, and splec~ia springs and/or pr~essed steel journal box: lids
and/or prle-;sedl steel spring pIlates for use on locopmotive, passenger
and -freiglt; car eqyuipmnent. ThLe industrial spring department of
th~e indusltr~y is devotedl prinlcipnlly to the production of machinery
and valve springs andl small springs of special design mlad~e of wire
and rolled sections.


Th'lis Subdi~viscionr suffered noticeably from the effects of the
depression as follows:
The value of product.'ionl drc~pp~el fr'oml 80.672,000 il 19390 to
$"2,400,000 in 1933 or a d'ecreatse of 75.3 per cent.
EmploymSnen t droppedr from 1239 persons in 19"9 to 756 persons
in 19:33, a dlecrease of 38.9 per c~ent.
Payrolls shrowetd a decline from $2,146,508 in 1990 to $718,040) in
1933, a creas~~ne of 66.6 pe~r cenlt. Fiactoryr payrolls were 18.1 per cent
of the value of production in `1929 and 23.1 per cenlt in 1033.
To~tal man-hlourls of factory workers in. June, 1933, shlowed a de
crecase~ of 64.8 per cent fr~oml 1929. Average. hours per mann per week
in June. 1033~ d~cIr;ased 28 p~er cenit from. 1929.
Ther averag~ie hlourly rate for fac~tory wage rn rners in. June, 1929,
wvas 68 cecnts and~( 45 clents in June, 1933, a declined of 33.8 per cent.
Ave\.~rnue week~rlyl earninirs of fa~ctory wiage earners w~ere $j32.41 in
June 1989 andi $15.49 in June. 1033~. a dlecreaset o~f 52.2 per cet
At~verage~ weckly earlnings of oflic~e emllployeess decreased; c 2"7.2 perl cent

The1( Prcsident's Reenployment)llr~lf Agreemnent efc~ted an imlprove-
mnent in emnployment and payrolls.
An, inrl,',.'lmd (1mou~rul for` thle pr1o(anet is anticipu:tc ed for the current
you~;r part~ially dlue to ralilrna~ll purchas'~e order~ls ma~le possible by
Public Wolrks Admrini.traiti ion loans.








The code will increase factory employment about twPelve per cent
and factory payrolls about 3.2 per cent.
FINDINGS

The Assistant Deputy Administrator in his final report to me
on said Supplemental Code having found as herein set forth and on
th basis o~f all the proceedings in this matter :
I ~find that:
(a) Said Supplemnental Code is well designed to promote the
policies and purposes of TIitle I of the National Industrial Rtecovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish. the amount thereof
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
m1ay be temporarily required), by increasing the consumption o~f in-
dustrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by imp~roving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Subdi~vision normally employs not more than 50,000
employees;I and is not classified by me as a major industry.
(c) The Supplemental Code as approved complies mn all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (ba) of Section 3,Subsection (a)
of Section 7, and Subsection ()of Section 10 tereof; and that
the applicant group is an industrial group truly representative
of the aforesaid Subdivision of the Industry; and that said group
imposes no inequitable restrictions on adnussion to membership
therein.
(d) The Supplemlenta~l Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elim-
inate or oppress small enterprises and will not operate to discrim-
inate against them.
(f) T'hose engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Supplemental Code.
F'or these reasons, therefore, I have appdsrovdtis SupplemenAlso
Code; on condition that the Railway and nutilSrn soi
ation shall amend its Articles of Association and ByS-Laws to the
satisfaction of the Administrator on or before April 27, 1934, as
provided in the Exrecutive Order of approval of the Code of Fair
Competition for the Machinery and Allied Products Industry as
approved March 17, 1934.
Respectfully,
HUnGH S. JoINwsoN,
A dmninzistra~tor.
APRIL 23, 1934.












ISUtPPLEMl~ENT AR`~TY CODE OF FiAIR COMTPET'ITIION FOR
THE3E RAll~TIWA ~AND INDUSTRIAL; SPRING INDUSTRY

A DIVISION OF THE MAICH-INERY AND ALLIED PRDU7CT1s INDUSTRY

ARTILE I--PURPOSES

To effec~tuate the policy of Ti~tle I of the Nat~ional Industrial Re
cover Act, the following provisions are established as a Supple-
mental National Industrial Recovery Code for the Railway and
Industrial Spring I Mnulfa~cturing Subdivision of t~he Mhachinery and
Alied Products Industry, and taken together with the N~ationacl
Industrial Recovery Code of Mnc~hinery and Allied Products In-
dustry, to which it is a Supp'emenrt, shall be th~e standard of fair
competition for this Subdivision, and shall be binding on each
employer thlerein.
ARTICLES 1[1- EFINITIONS

"Applicant means the Railwvay andt~ Indlustrial Spr~ingr Associa-
t~ion, the address of which is 30 Church Street, New York City Ne
York, a trade olrganizatio~n, all members of which are engaged inl the
manufacture for sale of the products of theF Railway and Industrial
1Spring Manuflc~tur~ing Subdivision of the Mlachinery and Allied
Products Industry, which organization is truly representative of this
Subdivision.
Industry '" mleans the MZachinery and Alliedl Products Industy
as defined in. its National Industrial Recovery Code as approved b
the Pr~esident, anrd as such. de~finition may from. timle to tims e
amended.
Subdivisionl" means the RailwayS and Industrial iSpring~ Mau
facturing Subdciv-ision of the Miachinery and Alliedl Pr~odu~cts Indus-
try as defined and set forth. in Article II of the Naltional Industrial
Recov\ery Code of thne Miachinery- and Allied Produ~cts Inldustry as
follows :
"' Railwaty and Indlud-rial SCpr~ing Manufac~turing: Su~division'
means and~ inC.cluds only the busIIinessi of produrcing andi selling hot
formIedl helical, elliptical and spc~iall springs u~nd.-'or pressed steel
jo~urnal box lids and/or prec~eed steel spring plates."'
Code meanslll the Nai~tionlal Industr~ial Re(.overy Codte of the M1Ca-
chinrytr a and A'lliedt Produclrts Imnllstry,, as approved by~ the Presi-
denlt, and as from~r time to time oiirntended.
'" Pers~on ") monsrl a na:t rail person(,1 a partneIicrship.l, a ic-,lorpotion,
an associntionl a trus~t, a trustee.~l a t rusiteec in balnkruptry,?' a receiver
or other entit .'
"" Empyloyer nl' mean any per.-ll on engagred in this cSubd~ivision of
the Indlustry either on his owc~n behalf or as anI emplever.(~1 of labor.
'" Employee '~(."' means1I anyr onle who is empllloyedl in, the~ crubdivision
by any3 sui1ch empha~yer.








"L The Act menc~ls Title I of the National Ind1- u trial Recovery Act.
"L The Pr~esidetnt mensc3 thne Presidentl of the United States.
"r The Admini tratoc- r "' meaLns the Administrator for Industrial
Recovery.
"( Basic Code Authority means the Code Authority for the Ma-
chinery and Allied Products Inldustry as constituted by the Code.
Code Aurthor~ity means the Code Authorityr can titutedl for this
Subdivision, as provided by the C'ode and by this Suppleenlrtal Code'
ARTICLE II[I--ADOPT.ION Or EMPITLOYM~ENT PROVISIONS OF CODE:

The following Articles of the Code, viz: Article III, Hours "*
Article IV, W1ages "; and Article V, General Labor Provisions "
are hlereby made a part of this Supp~lemental Code, with the same
effect as if they were written into this Supplem~ental Code.
ARTIcra IV--AnorTION or OTHER FROV\ISIONS OF CODE

The following Articles of the Code, viz: Article VTI, "Adminis-
tration '", to the extent that it shall be applicable to the administration
of this Supplem~ental Code as such or as it may hereafter be admin-
istered as an autonomous Code; AtSrticle VIII, Modification. and
Termination "; ~Article I[X, Withdrawal "; Article X, "L Monopo-
lies "; and Article XI, Ef~ctive Date are hereby made part
hereof wF~ith the same effect as if they were written into this Sup-
plemenmtal Code.
AiRrICia V 1 -A DMIINI>TRATIO) N

(a) AS Code ALuthority for this Subd~iv-ision is hereby collstituted
to admnin~ister, supervise and facilitate the enforcement of the Code
and of this Supplemental Code in the manner and to the extent
provided in the C~ode and in this Supplement~al Code. Such Code
Authority shall consist of :
(1) The Board of Directors of Railway and Industrial Spring
Association, consisting of seven members~tL'.
(2) One additiornal membercl to be elected in any fair mainner,
with the approval of the Administl; rator, by employers in this Sub-i
division e~ntitledl to vote thereon1, as hereinafter provided, who are'
not membercls of the Applicant, if so desired by such non-members.
(3) The Admrinistrator may, in his discrettion,1 appoint one addi-
tional membercl withoutt vote and without expense to the Sub-
division).
(b) Code Authlority may adopt rules and regulations to gov'ern
its procedure and employ such perrso~nnel as it may deemn necessary.
(e) Any employer in this Subdivision shall be eligible for m~en-i
bership in Railwaty and Industrial Spring Association.
~(d) Any employer shall be entitled to vote, subject to the pro-
visions of section (a) of this Article, at the election of the elective
member of Code ~Authority and at other meetings tof eploer and a
share in the benefits of the activities of Code Atoiy n a
a See paragraph 2 of order approvring this Code.







participate in any endeavors of Code Authnority in the preparation
of any amendments or revisions of, or additions or supplements to,
this Supplemental Code by paying or agreeing to pay as and when
assessed his or its proper pro rata share of the cost of preparing,
submitting and administering thiis Supplemental Code, as deter-
inuled by Code Authority. The cost o~f preparing, submitting and
administering this Supplemental Code shall be borne by employers
pro rata in the pr~oportlons that the number of net tons of Products
of t~he, Subdivision. shipped by the respective emlployers during the
next preceding quarter yearly period b~ear~s to the aggregate net tons
olf Products of the Subdivision shilpped b~y all empyloyers during
such quarter yearly period.
(e) Action by employers at any meetings of emp~loyers, except at a
meeting called under section (a) (2) of this Article, shall be by vote
of the employers entitled to vote threat as provided in Section (d) of
this A~rticle cast concurrently in each of the two following methods:
1) By one vote of each employer.
ea 00 tonls of the yearly average net tons of products of thie Sub-
division shipped by each employer during the preceding t~wo calendar
years, as reported to Code ~Authority, to be comlputed at thre beginning
of each calendar year and to appl hogottete urn
calendar year. Each employer shall be entit led to at least one such
weig~hte~d votel.
~All questions as to the number of votes which each employer en-
titled to vote shall be entitled to cast at any m~eetinr o~f emlployers
shall be determined by Code A~uthority. At meet ings of employers
each employer entitled~ to vote may vote either~l in person or by proxy
in writing duly executed by such employer a~nd filed with the Sce
tary of the meeting. Exc~ept as otherwise provided in this Supple-
mental Code any no~tion taken at any meeting of emnployer1s shall be by
the concurring vote of employers enlttled to cast at least a majority
of all the voters, computed in, ealch of the two mecthods~~ hereinabove
provided, that might be rast at the meetings if alli the employers
entitled to vote were present threat.
(f) If formal complaint is madet to Code Authority that prov-
sions of this Supplemental Code havet been violated by ainy employer,
the Code .Authorrity may clause such investig~ation or audltit to be
made, to the extent permnittedl by the Act, as n1u!y be deemed
necessary.
A~RT1ICLZE VI--UFAIRn P)A.CnICe

N~ro member of the Industry shall give, permit to bte Fiven, or di-
rectly offer to give, anytfhimbr of value for the purposel of influencing
or rewsardting thie action of any employee.c a~gent., or recpresecntat ivre
of another in relations to the business of thre employer of suich em-
ployee~, the pr-incipal of sulch agbent or the represenlted party, wFit.hout
the knowledgerr of such employer, principal or party. Comlmercial
bribery pr'ovisions shall niot bet consitr~uedl to pr~ohibit, free aInd general
disitr~ibution of articles commonly used for adlvertising exceplt so> far
as suc~h articles are actually usted for commelcrcial br~iberly as here-
inlabove definedt.








Annh VTC,1TII[--Moo rraII~C.A ?rs

(a) As provided by Section 10 (b) of thle Act, the President may
fr~om time to time cn necel or modifyy any order, approval, license,
rule or regulation issued~ under Title I of the Act.
(b) The provisions of this Supplemnental Code, other than those
requ~iredl by the Act to be included therein, may, with the approval
of the Admlnillst rator', be from11 time to time amlendedi, revised, added
to or supplemented. Any umellltlndments or revisions of or additions
or supplements to this Supplemental Code proposed by Code Author-
ity and adopted at a m~ieetingr of employers by the concurring affirma-
tive vote of employers entitled to cast at least two-thirds of all thne
votes, compultedl in each of the two methods in Section (e) of Article
V7 heretof provided, that might be casnt at a meeting of employers if
all the employers then enltitledl to vote were~ prvsecnt~ threat shall be
in full for~cet and effect upon approval by the A~dmlinistrator .)
ART`ICL;E 711- TITHDRAWAlL

As provided by Article IX of the Code, upon thirty (30) days'
notice to Basic Code Authority and to the Administrator, this Sub-
div~ision may at a meeting of employers, by the concurring affirmative
vote of employers entitled to cast at least two-thlirds of all the v~otes,
computed in each of the two methods in Section (e) of Article V
hereof provided, that might be cast at such meetingII if all the em-
ployers then entitlted to vote were present threat, withdraw from
the jurisdiction of Basic Code Aiuthority. Therea~n after this Supple-
mental Code, togethlwe with the provisions of thie Code, except such
portions of Articles I[, II, VI. and V~II thereof as are not pertinent
thereto, as determined by Codle Authoritydvsin and the Adiitaor,
shall become the Code goverming this GbiiinadteCd
Authority shall, for this Subdivislon, b~ecome1 the sole Code Author-
ity and shall perform all the functions thel~reof with respect to such
Code.
ARTICLE IX--MC)oPoroEs:i

Applicant imposes and shall impose nlo inequitable restrictions onl
membership therein. The Supplemental Code presenlted by it is not
designed to promote monopoly and shall nlot be construed or applied
so as to oppress or eliminate small enterprises or discriminate against
th~em and is designed to eflfectuate the policy of the Act.
AnRICia X--EryrlE~ DATE

This Supplemental Code shall become effective and binding onl all
employers engaged in the Subdivision on the eleventh (11th) day
after its approval by the Administrator.
Appr~ovedl Clode No. 347--Supplemenct No. 2.
Registry No. 1414-08.











































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