Code of fair competition for the welt manufacturing industry as approveed on July 20, 1934


Material Information

Code of fair competition for the welt manufacturing industry as approveed on July 20, 1934
Portion of title:
Welt manufacturing industry
Physical Description:
p. 191-201 : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Leather industry and trade -- By-products -- 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:
"Registry No. 934-01."
General Note:
"Approved Code No. 488."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004940604
oclc - 63654950
System ID:

Full Text



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U.S. DEPOSr''ril

Por nale by the Superlatendent of Doculments. Washlaston, D.C. - Price 5 cents

Registry No. 934--01

Approved Code No. 488








(r~r r


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Approved Code No. 488



Als Approved onr July 20, 1934


An. application having been duly made pursuant to and in full
compliance with the provisions of Title I of the N~ational Industriazl
Recovery Act, approved June 16, 1933, for approval of a Code of
Fiair Competi ion for the W~elt Mannufacturing Indulst~ry and hearing
having been duly held thereon and the annexed report on saii2
Code, containing findings with respect thereto, having been made
and directed to the President:
NOW, THEREFORE, on behalf of the President of the Ulnited
States, IT Hgh S. Johnson, Adlminis'trator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President,_ includingr Executive Order N~o. 6543-, dated D~ecember
30, 1938, and otherwise; do hereby incorporate by reference saidI
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said A4ct; and do hereby order that said Code
of Fair Competition be and it is hereby approved, provided how-
ever, that the provision of Article III, Section 2, Subsection (c) be
and it is herebyv deleted, and, in lieu thereof the follow~ing be, andl
it is hereby substituted: Watchmen, who shall not be permitted
to work more than fifty-six (56) hours in an~ one week, nor more
than thirteen (13) days inr any two (2) weeks.
Admilni~strato~r for Indlustrial Recovrery.
Approval recommended :
Div~isio, Ad~min~istra~tor.
July 90, 1934.

7524P- 8"0-112-34



The White Hrouse.
SmR: This is a report on the approved Code of F'air Competition
for the Welt Manufacturing Industry, hearing on which was con-
ducted in Washington. on Miay 9, 1934, in accordance with Ithle pro-
vcisions of the National Industrial Recovrery Act.
The minimum, wage provided in thiis code is thirty-five cents (3514)
per hour for male and female employees, with the provision that
wvhen female employees perform substantially thne same workr as male
employees they are to receive the same! rate~ of pay.
The maximum hours provided in this code are forty (40) hours
pter week with an allowance of five (5) hours per week; during any
eight (8) weeks of a six (6) months' period, with the provision that
all time in excess of eight (8) hours in any twenty-four (24) hour
period, or forty (40) hours per week shall be paid on the basis of
one and one-half (11/2) times the normal rate of compensation.
No person under sixteen (16) years of age shall be employed or
engaged in this industry, and no person under eighteen (18) years of
age shall be employed at operations or occupations which are haz;-
ardous in nature or dangerous to health. No homework shall be~
permitted in this industry.
The business of this industry is almost exclusively that of supply-
ing automobile manufacturers, automobile parts departments, and
automobile accessory jobbers with bindings and trim-mings used in
t~he manufacture or repair of automobiles. lIt does not conflict -with
the activities, nor could it be said to be in competition with anyr other
industry. Other industries utilize the same raw materials but do not
sell their products to the same class of trade or customers.
The welt and binding business is located in th~e central part of the
United States. The major portion of their products are sold in and
around Detroit although they are distributed throughout the entire
TIlhe Deputy Administrator in his final report to me onl said Code
having found as herein set forth and onl the basis of all the proceed-
ings in this matter;
IC find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Ilndusctral Reccovery Act, including
removal of obstructions to the free flow of interstate and foreign coml-
mnerce which tend to diminish the amount thereof anld will provide for
the general welfare by p~'romoting the orga~nization of industry~ for thet
purpose of coopetrative action among trade groups, by inducing and
maintaining united actions of labor and management under adequate
governmental sanctions and supervision, by chiminating unfair comn-
petitive practices, by promoting t~he fullest possible utilization of the


present productive capacity of industries, by avoiding ulndule restric-
tion of production exceptt as mayp be templlorarily requlired), by in-
cr~easing the consump~tionn of industrial aInd agrilculturla products
throughl increasing purchasingg pow~r, by reduc~ing and r Ieliev-ingr un-
emlploym!ent., byT ulnpro\ mg standards olf labor, andi byr othlerw\ise
rehabili tat ing inIdust ry.
(b) Said Indulstry normal~lly emnploys not mnore than 50,000 emn-
p~layees; and~ is not classified byr me as a major indus~tr~y.
(c) The Code as ap~pro-ved om~plies in all r~es~ec~ts with the pleti-
nent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Sectionr 3, Substc~tionn (a) of Section 7, and
Subsection (b) of Section. 10 thereof; and that the app~liennt associa-
tion is an industrial association trulyy representative of thle a fore-
said Industryr; and that said association imposes no inequ~italble re-
strictions on admissions to memberships~ therein.
(d) The Codle is not dlesigned to and will not permit monopolies
or monopolistic practices.
(e) Thle Code Is not dlesignedl to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those e~ngagedr in other steps of the economic= pr1oess have
not been deprived of the right to be heard prior to app~roval of said
For these reasons ~this Code has been ap~proved.
JULY 20, 1934.


To effect the policies of Title I of the National Industrial Re-
covery Act, this Code is established as a C~ode of Fiair Competition
for the Welt M~anufacturing Industry, and its provisions shall be the
standards of fair competition for such industry and shall be binding
upon every member thereof.

SECTION 1. TPhe term Industry ") as used herein is defined to mnean
the manufacturing, processing, and/or sale by manufacturer or proc-
e~ssor of welts and bindings of all kinds in continuous lengths or
otherwise, made either from leather, imitation leather, cloth or other
fabrics, used on automobiles or other articles of manufacture, and
includes dealing by manufacturers in such w-elts and bindings
whether of his own or of another member's manufacture.
Surr~oN 2. T'he term member of the industry includes, but
without limitation, all those engaged in the industry either as an
employer or on hlis own behalf.
SECTION 3. The term "L employee as used herein includes any and
all persons engaged in the industry, however compensated, except
a member of the industry.
SECTION 4. The term employer as used herein includes anyone
by~ whom such employee is com~pensatedl or employed.
SECTION 5. The term Association as used herein means the
Association of WCelt Manufacturers, at non-profit organization.
SECTION 6. Trhe terms "Act and ''Administrator 'as used herein
mean, respectively, Title I of thne National Industrial Recovery Atct,
and the A~dministrator for Industrial Reco~very.
AuRICtsE III--Houns

SECTION 1. No employee, including office and clerical employees,
shall be permitted to work in excess of forty hours in any one week
or eight hours in any twelnty-four hour period, p~rovided,? however,
that in special cases of emergency or where restriction of hours of
emplloy~ees will delally urgent service to the trade served by the in-
dustry, during any eight consecutive or non-consecutive weeks of a
six month periodi (the first period to begrin on July 1, 1934), emn-
ployees may work not more than forty-five hours in any one week.
Time in excess of eight hours in any twenty-four hour~l period (start-
ing at midnight), or forty hours per week shall be paid on a basis
of one and one-half times the normal rate of compensation.


SECTION B. The foregoing provision of this article shall not
apply:j~ to:
()Persons whlo ar~e employed in a mlanager~ial or executive ca-
pacity who earnl thir-five dollars ($35.00)) or more per wTeek, out-
side salesmen, or to emlployees engaged mn eme~rgency repair work;
provided that employees engaged in, emergency repair w~ork shall be
paid at least one and one-hialf times their normally rate for all hours
worked in excess of eight (8) hours in an~y tw-enty-four (24) hour
period or forty (40) hourls per w;Ieek.
Reports shall be made monthly to thne Codle Aiuthority by every
employer stantingr thle number of hours ~workedl in ecsess of forty (40)
per week andl eight (8) per day byr emnployees engaged in, em~erency
repair workc, special cases of emergency and during peak period
provided for int Section 1 hereof.
(b) Fliiremen and engineers wPho shall not be permitted to work in
excess of forty-five (45) hours per weekr or nine (9) hours per day
during normal periods and fifty (50) hours or ten (10) hours per day
during peak periods as described in Section 1. of this article.
(c) W~atchmen who shall not be permitted to work in excess of
sixty (60) hours in any one w\\eekc.l
SECTIOS 3. Trhe provisions of Section 1. of this AIrticle shall apply
to members of the industry (owners, partners, officers), engagedl in
a productive capacity, but shall not apply to memblers of th~e Indlus-
try who are: exclusively or wholly enrngaged in manag~erial or execu-
tive capacity.
SECTION tL. NO employee shall be p~ermitted to w-orki more than
five (5) dlays in any calendar week;, except employees specified in
Section 2 of this article.
SECTION 5. No emlploy~er shall k~nowvingly permit an employee to
work for any time, which when totaled with that regularly per-
formed w~ith~ another employer or employers, exceedls the maximumn
hors permitted herein.
SECTION 1_. PiO shall be paid less than at thle rate of
thirty-five cents (339) per hour.
SECTION 2. This article establishes a miinimum rate of pay which.
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate! piecework or other basis, such pieceworke or
other basic rate of compensationonbove the. minimum, howrever, is
to be determined by the ave~ag~e capacity of regular work~ers.
SEcTIOxu 3. Within six months from the effective date of this Code
the Code Authority shall present for approval to the Admlinistrator,
after notice and hearing, recommendations as to upwanrd adjus~t-
ments in minimum wagies generally or fo specified localities or occu-
p~ations, in order to effectu~at~e the purposes of the Act.
SECTION 4. There shall be an equitable adjustment of all1 wages
above minimum, andl to that end, within sixt.y (60) days from the
approval of this Code, the Code A~uthority shall submit to thle Ald-
ministrator a report of all adjustments byl members of th industry
since June 16, 1933.

1 Amended. See paragraph 2 of order approving this Code.


SECTION 5. Female employees who perform substantially the same
work as male employees shall receive tlhe same rate of pay as male
SECTION 6. A person whose earning capacity is limited because
of age or physical or mental handicap or other incapacity may be
employed on light or unskilled work, at a wage below7 the minimum
established by this Code, if the employer obtains from, the State
Authority designated by the United States Department of Labor a
certificate authorizing hnis employment at such wages and for such
hours as shall be stated in the certificate, provided, however, that
the number of such employees shall not be in excess of five percent
(5%0) of the total number of employees in any establishment, bult
any establishment may have at least one such employee. 1Each
employer shall file wC1ith the Code Authority a list of all such persons
employed by him.

SECTIONr i. NO person under sixteen (16) years of age shall be
employed in the industry. NTo person under eighteen (18) years of
age shall be employed at operations or occupations which are haz-
ardous in nature or dangerous to health. The Code A~uthority shall
submit to the Administrator thirty (30) days after the effective date
%f the Code, a list of such operations or occupations. In any State
an employer shall be deemed to have complied with. this provision
as to age if he shall have on file a certificate or permit duly signed
by the Authority in such State empowered to issue employment or
age certificates or permits showing that the employee is of the
req~cu hired age.
S~ECTION j2. In compliance with. Section. 7 (a) of the Act, it is
provided :
(a) That 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 employers of
labor, or their agents, in the designation of such representatives or
in. self-organization or in other concerted activities, for the purpose
of collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to jomn any company umion
or to refrain from joinmng, orgamizmg, or assisting a labor orgamiza-
tion of his own choosing, and
(c) T'hat employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SECTIO`N 3. No employer shall reclassify employees or duties or
occupations performed, or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code, and in
thris connection, employees engaged in two or more occupations or
positions hnavinlg different duties connected therewith, one or more
of which being limited by maximum hours, shall be classified under
the limited hours position w~Phich is limited to the fewfper number of
hours per week, and shall not be permitted to work a total number of
hours in excess of those prescribed for such positions.


SECTION 4. Every emlployer shall provide for the safety andl health
of employees during the hours and at thet plcs of ~itheir employ
ment. Standards for safety and: healthshlbeumiedyth
Code Authority to the Admiinistrator within six months after the
effective dlate of the code.
SECTION 5. NTo provision ini this Codle shall su~perse~de anyl State or
Federal lawF which imposes on employrers .more str~ingent reqluire-
ments as to age of employees, wnages, hours of wPork, safety, health,
sanitary or general working conditions, insurance, or fire protection
than are impos~ed byr this Code.
SECTION 6. No home wFork; shall be permlitted~ in thlis industry, ex-
cept in accordance with Executive Order of Mlay 1.5, 1934~.
SECTION 7I. Altl employers shall post and k~eep plosted copies of the
labor provisions of this Code in conspicuous places accessible to all
emp'loye'es. Eer~y mnemlwr of the indlustry shall comply withn all
rules and regulations relat~ivre to th posting of provisions of Codes
of Fair Coompetition which may from time to time be prescribed by
the Administrator.
SECTION 8. No employee of this industry shall be dlismissed or
demoted or otherwise penalized for making complaint or giving
evidence with :respect to an alleged violation of this or any other

SECTION 1. TIhere shall forthith be constituted a Cod3e Authority
consisting of four members of the Board of' Directors of the WCel~t
Manufacturers Association.
SECTION 2. IR 80Cllition to mlembership as above provided, not
more than three members, without vote, may be appointed by the
SECTION 3. Each trade or industrial association dir-ectlyor inL-
directly participating in the selection or activities of the Coe Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator for his approval true copies of
its articles of association, by-lawfs, regulations, and any amuendmlents
when made thereto, together within such other information as to mem-
bership, organization, and activities as the Aldministrator may deemi
necessary~ to effectuate the purposes of the Alct.
SECTION 4. In order that the Code Authorityr shall, at all, times be
truly representative of the industry: and in other respects further the
purposes of the Act and the provisions of the Codle, the Admninistra-
tor may prescribe such hearings as he mnay deeml proper; and thiere-
after if he shall find that the Clode Authority is not truly repre-
sentative or does not in other respects further the purposes of the
Act and the provisions of the Codle, may require an appr~opriate
modification in thle composition and mletholdi of selection of the Codle
SECTION 5. It being found necessary, in order to support the ad-
ministration of this Code and to maintain the standards of fair
competition est-ablished by this Code andi to effectulate the policy of
the Act, thie Code Authority is authorized, subject to the approval of
the Administrator:


(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out of
funds which ma~y be raised as hereinafter provided and which, shall
be held in trust for the purposes of the Code;
(b) To submit to thie Arldministrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its est hautedt expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budg~et. shall be contributed by members of the
(c) After such budget and basis of contribution, have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the industry, and
to that end, if necessary, to institute legal proceedings therefore in its
own name;
(d) After approval of its budget and plan of assessment as pro-
vided in this article, to make collections in proportion to the volume
of sales made in the products of the industry as defined in Section. 1
of Article III of this Code, from any person or persons as defined in
Section 2 of Article II engaged in the manufacture of any products
coming wRithin the jurisdiction of the Code.
(e) Each member of the industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the
Code ALuthority, determined as hereinabove provided, and subject to
rules and regulations pertaining thereto issued by the Administrator.
Only members of the industry complying with the Co-de and con-
tribouting to the exspense~s of its administration as hereinabove pro-
vided, (uleslps dunly exempted from makingr such contribution) shall
be entitled to participate~ in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities.
(f) The Code Authority shall neither inlcur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator first obtained; and no
subsequent budget shall contain anly deficiency itemn for expenditures
in excess of prior budget estimates except those which the ~Adminis-
trator shall have so approved.
SECTION 6. Nothing contained in this Code shall constitute the
members of the Code Authority partners for alny purpose. Nor shall
any member of the Code Authori'ty be liable in any manner to anyone
for any act of any other member, officer, agent, or employee Lof the
Code Authority. Nor shall any member of the Code Atoiy
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, excep~t. for his own malfeasance or nonfeasance.
SECTION 7. The Code Authority shall have the following further
powers and duties, and if the Atdministrator shall determine that
any action. of the Code Authority or any agency~ thereof is without
the scope of its delegated or implied powers or is unfair or unjust
or contrary to the public interest, the Administrator may require t~ha~t
such action. be suspended for a period of not to exceed thirty (30)
days to afford an opportunity for investigation of the merits of sulch.
action and further consideration by such Code APuthorityr or agency
pending final action, which shall be taken only upon approval by the


(a) To insure the execution of the provisions of thlis Code and:
provide for the compliance of the industry therewithl.
(b) To adopt by-law~s and rules and -regrulations for its procedure
and for the adminirstrationi of the Cfode.
(c) To obtain from members of the industry such information andl
reports as are required for the administration of the Code, whichi
reports shall be furnished promptly by members, and in addtin
to information required to be su bmitted to the Code Authrority, mem-
bers of th industry shall furnish such statistical information as
the Admlinis~trator may deem necessary for the purposes recited in.
Section 8 (a) of the Aict to sulch Federal and State agencies as the
Adminis~traltor mayo desigrrnate nor shall alnythi~rrng in~ nyode, nagree-
ment,_ or licenseP re~lie~ve a~nyo peronn of anyc existing obligation to fur-
nish report to Governmnent agencies.
(d) To use suc trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve thle Code Author-
ity of its duties or responsibilities under ths, Code.
(e) To make recommendations to the Aidministrator for the co-
ordination of the admriinistration of this code with such other codes,.
if any, as masy be related to the industry or affect. members of this;
ind ustry.
(f ) To cooperate wit~h the Administrator in regulating the use of~
any N.R.A. insignia solely by those~ members of the industry whzo are.
complying with this Code.
(g) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the induLst~ry in their relations
with each other or wit other industries and to recommn~ld to the
Administrator measures for industrial planning, inclding stabiliz~a-
tion of employmn, and othr modifications he~reof.
The following practices constitulte unfair methods of competition
of the industry and are prohiibited.
SEenowN 1. Inacrcuzrate Advrtis~ing.-No member of the industry(
shall publish advertising (whether printed, radio, display, or of any:
other nature), which is misleading or inaccurate inr an material;
particular, nor shall any meber in any way mlisrepresent any goods'
(including, but without limitation, its us, trade mark, rade, qual-
ity, quantity, origin, size, substance, character, nature, nish, mate-
rial content or preparation) or credit terms, values, poli~cies,seics
or the nature or form of the business conducted. Nio mIember of the
industry shall publish adv-ertising which refers inaccurately in any
material particular to any competitors or their goods, prices, values,
credit terms, policies or services.
SEcnON 2. False Billing.--No member of th~e industry shall with-
hold from or insert in any quotation or invoice an s~ta~temn that
makes it. inaccurate in any material particular.
SECTION 3. Inacculrate Labeling.-No member of the industry shall
brand or mark or pack any goods in anyr manner which is intended
to or does deceive or mislead purchasers with respect to the brand,
gde,~ quality, quantity, origin, ~size, substance, character, nature,
fnsmaterial content, or preparation of such goods.


SIECTION 4. Th788/8 of Lawo Xzcits.-No member of the industry
shall publish or circulate unjustified or unwarranted threats of legal
proceedings whlich. tend to or have the effect of harassing competi-
tors or intimidating their customers.
SECTION 5. Secret Rebates.-No member of the industry shall
secretly or otherwise offer or make any payment or allowcpance of a
rebate, refund, commission, credit, or give any discount or excess
allowance, whether in the form of money or otherwise, nlor shall a,
member of the industry offer or extend to any customer any special
service or privilege not extended to all customers of the same class,
for thne purpose of influencing a sale.
SIECTION 6. X8lliag On COanignmnent.--No member of the industry
shall sell or ship goods on consignment.
SECTION 7. Bribing Emzployees.--No member of the industry shall
give, permit to be given, or offer to give, anything of value for the
purpose of influencing or rewarding the action of anyS employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agent or the repre-
sented partly, without the knowledge of such employer, principal, or
party. This provision shall not be construed to prohibit free and
general distribution of articles commonly used for advertising exceept
so far as such, articles are actually- used for commercial bribery as
hereinbefore defined.
SECTION 8. IrinerffBTORc Turi AIROtheT's COntfGCt8.--No member of
the industry shall wilfully induce or attempt to induce the breach of
existing contracts between competitors and their customers by any
false or deceptive means, or interfere or obstruct the performance of
any such contractual duties or services by any such means, with the
pu1-rpose and effect, of hamrpering,) i1Jnurng or embarrassing com-
petitors in their business.
SECTION 9. Coerion.~-No member of the industry shall require
that the purchase or lease of any goods be a prerequisite to the pur-
chase or lease of any other goods.
SECTION 10. Defa~mation.--No member of the industry shall de-
fame a competitor by falsely imputing to him dishonorable conduct,
inability to perform contracts, questionable credit standing, or by
other false representation, or by falsely disparaging the grade or
quality of his goods.
SECTION 11. Discounzts.--A discount not to exceed two percent
(2%/) may be allowed on accounts paid before the end of the month
following shipment. No post dating shall be permitted.

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the Presidenrt, in accordance with the
provisions of subsection (b) of Section 10 of thne Act, from time to
time to cancel or modify any order, approval, license, rule or regu-
lation issued under Title I of said Act.
SECTION 2. Such of the provisions of this Code as are not required
to be included herein by the ~Act may, with the approvPal of the
Administrator, be modified or eliminated ini such manner as may be
indicated by the needs of the industry or of the public by changes


in circumstances, or by experience. All the provisions of this Code,
unless so modified or e~limina~~ted shall remalin in effect until June 16,
1935, or as longs ther~eafter as thme N~IRA by Amendmnlct ay remain
in effect.

No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, opp~~ere, or disenm~-
inate against smalnl enterprises.


Whereas the pollicy of the Act to increase purchasing power will
be made more difticullt of consummation if prices of goods and serv-
ices increase as rapnidly asn wares, it is recognized that price increases,
except such as mlay be requiredi to meet indiv-idual cost, should be
delayed, but when made. such increases should, as far as possible, be
limited to actual additional increases in, the seller's costs.


This Code shall ~ecomle effective on the ~tenth day after its
Approved Code N'o. 488.
Reg'istry' No. 934-01.

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