Code of fair competition for the soap and glycerine manufacturing industry


Material Information

Code of fair competition for the soap and glycerine manufacturing industry as approved on November 2, 1933 by President Roosevelt
Portion of title:
Soap and glycerine manufacturing industry
Physical Description:
vi, 5 p. : ; 23 cm.
United States -- National Recovery Administration
U.S. G.P.O.
Place of Publication:
Publication Date:


Subjects / Keywords:
Glycerin   ( lcsh )
Soap factories -- 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. 623-03.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004943083
oclc - 31987829
System ID:

Full Text

Registry No. 6233-03





For sale by the Superintendent of Documents, W'ashington, D.C. - Price 5 cents


"""". Executive Order
2. Letter of Transmittal
3. Code


This publication is for sale by the Superrintiendent of Documlents, Government
Printing Office, W~ashnington, D.C., and by district offices of t he Bureau of
Foreign and Domestic Commerce.
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Anr application. having been duly made, pursuant to and in full
compliance with the provisions of title I of the National Inldustrial
Recovery Act, approved June 16, 1933, for my approval of a Code of
Fair Competition for the Soap and Glycerine Manufacturing Industry,
and hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said code of fair
competition together with his recortimendations and findings with
respect thereto, and the Administrator having found that the said
code of fair competition compies in. all respects with the pertinent
provisions of title I of said act and that the requirements of clauses
(1) and (2) of subsection (a) of section 3 of thne said Act have been
met :
NOW, THI-EREFORIE, I, Franrklin D. Roosevelt, Presidentf 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 code of fair
competition be and is hereby approved.
November 3, 1988.
Approval recommended:
OCTOBER 13, 1933.
The White House.
SIR: This is a, report of the hearing on the Code of Fair Comnpeti-
tion for the Soap and Glycerine Manufacturing Industry conducted
in Washington on the 5th of October 1933, in accordance writhz the
provisions of the Nntional Industrial Recovery Act.
A. No employee shall work or be permitted to work in excess of an
average of 40 hours per week in any six. months' period, except as
1. Technical or professional employees such as chemists, lawyers,
doctors, nurses, etc., engaged in their technical or .professional
capacity but not including sldlled operating personnel; employees in
a managerial, supervisory, or executive capacity who receive $35 or
189320--188-127--33 nI

more per wecek; supervisors or highly skilled w~ork~ers in continuous
processesc where restriction of hours would unavoidably reduce
production, and who rceeive $35 or more per week; employees on
emergency maintenance andt repair worki]; w~atchmen; annd outside.
2. Immediate assiStanlts to emloy~ilees in a, nuinagrac~ll superv-isory~
or executiv-e e~npatcity, whlich~ assistanrts receive less tbhan $35 per wek
and superv-isors or highly sk1illed wrrorkers~ in continlluou processes
where restrictions of hours w\ourlld ulnavo~idablyJ reduce production and
wiho receive less than $35 per week, who shall not work or be permnittedo
tlo work in excess of 48 hours pe'' \r wee.
3. Acco~uting~, cer~ical, othee, store, shiipping, service, or mnside
sales em~ployeecs, who sha~ill not workI1 or be p~ermlit~ted to work in
excess of an overag:1e of 40 hours per week in any six months' period or
in excess of 48 hlour~s in any1\ c;lendar wveekc.
4. Employees on automotive or horlse-drawn passenger, express,
delivery, or freight service, who shalll novt~ work or be permitted to work
inl escess of an average~C of 44 hou~rls p~er week in any six monthsl'
per~iod- or in excess of 48 hours inr any cal~llenan week.
5S. E~nginer~rs, firemencl, water tendr!tis, and oilers, who shall not w~ork
or be permitted to w~orki in excess of 48 hours a week;.
B3. If any em~rployee on an hourlyt rate of payT works in excess of 8
hours in any 24-hour polild,cl or in excess of 40 hours in any\ enlendsr
week, the wage~( paid for excess hours shall nlot be le~ss than onle and
onle-third; the~ re(gularll hourly Ira te.
C. If a\ny employee e works~li for more than onre emrployetr, no such
employer1 or empllloyrs!c~ shall knolwingly permit src~h emlploy-ee to work
for a total number of hours in- excess of the number1 of hlour~s pre-
scribed,! andc all emuploye~rs in the indulstry shall exrcisej due diligence
to carry out the pu~r~pl, of thais scction1.


A. No empllloyee shall be paid less thaznn 40 cenrts an1 hour, or inl
southern states less tharn 35 cents an hour, except na follow~-s-:
1. Lenrno;r~s or ap~prentliers in optera~tionsll other than the lighlt tasksi
of \w.appingll~ panckaingil~ and fillingr and niot ecsc ed-:ingr 5 percent of the
total number oif employees~cr in any establlidowncnt, days~ of aIpp1;rentireship in the: indutry~t shall be paid nrot less than 90
per1'cent of the mliinimuml rates above\c presc ib'iled.
2. Employees!cc~ canul~;~~l in the lighrt Iaskls of \\-rupp~iine, pa:cknelring,
and3 fillingshll be1~I ~ paid niot less than 32;jS clrents ann hour, or inl soulthern
sta~t e less than 30 cen~lts In. hour. Such e1 employee'' durling tle 11rst 6
mronthis of their emIpfloymen~l t shall` her pa;ii no~t le~ss thanr !I0 pel~rcnt of
the ra;te herein estublli;)hed, but in no0 case 1hall tho number1N~ of others
emloy'l'3 ees evened~ 25 pelrcentll of the total numbfier' ('nanced' inl the light

parag ph of .Article III shall1 he1 Ilail not hw'; th)an-
.5:)15'' per l wek in any1 CityV of oxer' 500),000 Ipopu~latio, or inl theC
inlimeiate! trushll~: are; Of suchr c~it.
$914 pe~r' wekcl in a~ny o~ther~ parlt of' the IUnited~ Staltes.
4. 110~. engerc s,.; juniior elerkcs, or othet~rs a juniorl gradi e of
office or cler~ical workl~l shall be~ pubil nrot less thanlr $12 per week~l, bult

~the number of such emp]loy~ees shall not exrceed 5 percent of the total
number of office employvees in any est~abl ishmen t.
Bi. Each employee on piece workr shall be paid at a rate which will
.guarantee not less per hour than the hourly rate to which hle is
entitled under this Ar~ticle.
C. Based upon changes in minimum pay necessitated by the
foregoing: paragraphs of this Article, each employer shall in each
establishment make fair and equitable readjustmesnt of all pay
D. There shall be no evasion. of this Code by any member of the
industry by reclassification of general types of occupations existing
on June 15, 1933.

No person under 16 years of age shall be employed in this industry.

This Code covers a) producing industry in which seasonal peaks
largely have been eliminated so that average figures present an
unusually accurate picture of conditions. Em-ploy~ment fell steadily
from a high of 20,000 in 1919 to 13,500 in 1932 in the face of steady or
even increasing volume of output. Obviously such a condition
reflects a period of mechanization. Basic processes now appear to
be largely machine operations but there still remains a considerable
quantity of light hand labor in wrapping and packaging, which labor
will be replaced but slowly by machinery if labor rates for suchl work
are not too high. This situation warrants thae differential for these
operations contained in the Code, but I wish to call your attention
to the fact that the minimum rates for such work established in the
Code are not unusuall-y low.
With the stability of employment existing in this Industry, together
with early adoption of the Presidenrt's Reemployment Agreement
by its members, total employment in July 1933 was practically that
of 1929, although the average hours of work per week of 86%0 of the
employees was nearly forty-eight. The reduction of hours as provided
in the Code to an average of 40 per week with a penalty overtime
rate for hours over eight per day or 40 per week should increase total
employment to a figure better than that of 1929, which will mean a
reversal of the shrinking trend of the previous thirteen years.
I wish to point out thiat only about 1%j of this industry is in the
South. As the consequence, the total effect of the southern differen-
tial contained in. the Code is negligible, although its importance to
the exiisting factories in the South is tremendous. Certainly the
differential is not sufficient to make p~rofitablle a southern movement
of units of thze Industry.
The Administrator finds that--
(a) The Code as recommended complies in all respects with the
pertinent, prov-isions of Title I of the Act, including, without limita-
tionl, subsection (a) of Section 7 and subsection (b) of Section 10
thereof ; and that--

(b) The applicalnt, grSoup imposes no inequitable restrictions on ad-
mission to mlemblership therein and is trul representative of the Soap
andt Gly3ceriine. Manufact~uringc Inzdustryg; and that--
(c) The Code as recommendedcc 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 thes policy
of Tit~le I of the 'Nationil Indust rial Recovery Act.
It is recommended, therefore, that this Code be immediately
adop ted.
Admit n istrator.


To effectulate the policiess of Title I of the? NSational ]Indus~trial~
Recovery Act, the following provisions are submnitt~ed as a Code of
Fai'r Com pe ti tion for the Soap and Glycerine Mianufacturing Industry,
and upon a.pprova~l by the Presidentl of t~he United~ States, shall be
t~he stanndazrd of fair competition for this industry.


1. ThLe tefrm "CS~onp and Glyer~in e Manufact~uringr Indiustry" dss
used herein includes the mlanu~falct~uring in~ Continentall U~nitedc States
of hlouse'hold, industr~ial, and toilet soapsj and souap products, and
glycerine whichr is a byT-pro~duct of the saponifienation indusl~tr~ies, to-
gether w~ith such b~ranchles or subd,~ivisio~ns thereof as may from time
to time,. upon. approival of the Preside~nt of the~ United~ Staste or hi
aut~horized' represecnntatve be inclulded- ulnderll the prov-isions of this
Code. This definlition shall not, however, bar thlis Code and lor suip-
plemrental codecs or algreementsi submitted by th~e Coder Authority or
other Agenciesie set up under this Cod,c~ from u~pplying, wvhen approved
by thec Preside~nt or hlis aul~thorizetd IIrepreentaltive, to dtertt1gent;,
cleanser, or related industries; nor shall thlis definition bar the appli-
catio~n of this Code and/or such. supplementa~- l codles or agrieementst
fsprom aplplyng, whecn approved ~by the Presi~dent or his authorized
rep resen ta3tiveg, in such t erri to ries oult -id~e of Con tinlen tl Unf 1Ti ted S~t ~t es
as mayv be pec~iT~fiely covered in sucht alIpprova-l.
2. Tihe term "employee as used herein includes a2ny per~son enlraged
in any3 phrase of the industry in anF capacity i~n the natur-~1e of employee
irrespectivse o the nwthold of payment of his co:mpienlsation. Thle
term "emrployer" inercludes a~nyonel byy whom su~cht an employee is so
3. Thet term "'member of thle indutll ry as used herein includes anty
employer who shall be subject to this Code. ?Thec term~' Imemiber of
the; Code inchldels any mnembelr of the industry wrho shall eprsllisl'y
signi~fy assent to this Codet.
4. The term "A~ssocriant~ion" as ulsed2 hlerin means th~e A~ssociaiont
of America7n Sonp alnd Gly-crIine Prodlucers,, Inc., a rnwmIber~ship cor-
pora~tion, not, for profit, organized and exist~ingr under the lawais of the
State of D~elaware. The term Bon rd( of Directors "' means the Board
of Directors of saidt Association..
5. The term "soultherln states" as used h~ere~in includes Virginial,
Northl Carolina, South Caro~lina, T~ennessece, Ark ansa s, Georgi a,
ATblabama, Mississippi, Lou~isiana, Texas,. andi Floridn..
6j. The term~ "Act'" als used heretin meatns Title I of the ~Nationarl
Indlstr~ial Recov~\ery Act. TChe term "Pgresidelt'" mcens the Presi-
dent of the U~nited Sjtates.

7. The term '"effective date"' as used herein means the first Mlonday
ten days or more after this Code shall have been approved by the
President. The term. "sixe months' period means the 26 weeks'
period beginning with thne effective date, and each 26 weeks' period
thereafter until the expiration of this Code or of the Act.
8. Population for the purposes of this Code shall be determined by
reference to the 1930 Fiederal Census.

A. N\o employee: shall work or be permitted to work in excess of
an. average of 40 hours per week: in any7 sixr months' period, except
as follows:
1. Technical. or professional employees such as chemists, lawyers,
doctors, nulrss, etc., engaged in their technical or professional capse-
ity but not including skilled operating personnel; employees in a
managerial, supervisory, or executive capacity who receive $35 or
more per week; supervisors or highly skilled workers in continuous
processes where restr~ic~tion of hours would unavoidably reduce pro-
duction, and who receive $35 or more per week; employees on emer-
gency maintenance and repair work; watchmen; andi outside salesmen.
2. Immediate assistants to employees in a malnuagerial, supervisory,
or executive capacity, which. assistants receive. less thatn $35 per week
and supervisors or highly skilled worker~s in continuous processes
where restrictions of hours would unlavoidablhy reduce production
and who receive less than $.35 per week, who shall not work or be
permitted to work in excess of 48 hours per week.
3. Accounting, clerical, office, store, shipping, service, or inside
sales employees, who shall nootwoork or be permitted to work in exceess
of an averalge of 40 hours per weekr in. any six mont~hs' period or in
excess of 48 hours in any calendar w~eek.
4. Emnvployee on au~ltomoti;ve or horsep-drarc wn pasng~PEer, exress,
delivery, or freight service, wh~o shall not wrork or be permitted to
work in excess of an average of 44 hours per w5eeki in any six months'
period or inl excess of 48 hours in anly calendar wieek~.
5. Engineers, fir~emeln, water tendc-ers, and oilers, w-ho shall nlot
work or be permitted to workr in, excess of 48 htou~rs a week.
B. If any employee on an h]ourlly rate of pay workis in excess of 8
hours in any 24-hour period, or in excess of 40 hoursY in anly calendrlr
weekl, the wage paid for excess holr~s shall not be less than one andi
one third the regular holurly rate.
C. If any em~ployee wo-rks for more than one, employl~er, no such
emlployer or employers shall know~inglly permit such employee to
work f'or a total numbers; of hours in excess of the nurmber of hourls
prescribed, and all empllloyers~i in the industry shall exercise due dili-
gencei to enrlry out the purpose of this section.
A. No emlployee shal be paid less than 40 cents an hour, or in
sorithern states less than 35r Centfs an hour1, eCeCpt as fo~llows:
1. Lcarnerrs or apprent ices in operations other! than ~thel lighlt taskis
of w\rn ppmg~, pa~ckaillnt anld filling:, andl no~t eceed~~ting 5 percent of the
total nulmber of emiployees~ m any es~tublishmellnt during the first
60) d~y~s of appI''renticeshllip in the industry shall be paid not. lesis Ithan
90 pecrcenit of the miinimnum rates aibove prescribed.

2.' Employees engagred in t.he light, tasks of wra~ipping, packaging and
filling shall be paid not. less than 32%/ cents an hour, or inl southern
states less than 30 cents an hour. Such emlployTees during the first 6i
months of their employ-ment, shall be palid not less than 90 percent
of thet rate hereinl estabhlishedl, but in no case shall the number of
these employee es excd ~25 percent of the total numbelr engaged in
t~he light task~s of wrapping, pa~ckaging,- and filling.
3. Employees of thec classes mentioned in sublsections 3 andl 4 of
panragrra ph A of Article III shall be paid not less thanl-
$15 per week in any city of over 500,000 population, or in the
immediate trade area, of iuchl city.
$14 per' week in anry other part of the United States.
4. MIessengers9, junior clerks, or others docing a junior gPrade~ of
office or clerical work shall be paid not less than $~12 per week, but
the number of such employees shall not exceedl 5 plerc~nt of the total
numberr of office employees in any establishmlenrt.
B. Eachl employee on piece work shall be paid at a rate which will
w~ill guaranltee not less per hour than the hourly rate to which he is
entitled under this Article.
C. Based ulponl ch-anges in mlinimumlll pay necessitated by the fore-
going paragraphs of this Alrticle, each employer shall in each estab-
lishmelnt makle fair and eqluitabica readjus~tmlent of all pay schedules.
D3. There shall be no eva~sio~n of this Code by anly member of the
:indlustryS by recla~ssifie.ntio~n of general types of occ-upatio-ns existingr
on June 15, 1933.

N'o person under 16 yeiar's of age shlall be emlployedct in this industry.
A. To` further effectan~to7 the policies of thet Act, the BEoard of
Directors of the As~soc~iation is set up as a Code Aut~ehority for the
Soap a~nd Glycercineo Ma~n ufac t uri ng Industry to cooperate with the
President or'p his uthorIizedl~ represen(?~-;tate in, the administration of
this Code. The P~rreidelnti or his authorl~lizedI repre~l'Sentative may&5
desigrnate not to exceed three additional memb~l:ers, without yote, on
such. Code Au~thorit:. The Mcthc-d of electing the Board of D~ilretors
of the Associa~tion shall be fai'r atnd equitable and subject to the
approval of thle Presidenllt or his aulthorizedl rIe~presentative.e
B. Atn~y members of the industry is cligible for meml~be~rshipi in the
Codle and in thle Assoc~iationl, and there shall be no ineq-uitablel re-
strictionas on such membhership. Members of thre Code shall be
entitled to sharlle thle benefits of the activities of the Code Aulthotrity
and shall bear their proportiona;te shanres of the epnsl esli of mainte-
nance of the Codte Authonrity and its activities.
C. Branlche s or subdivisions of the indu~stry, including p~rodtuct
divisions und/or geogranphica~l sections of the Associatio~n, mazy, w\hen
approvedr by the Pr~esidelcnt or his aulthloriz ed representative, estab~lishl
their own Plalnning~ and Fiair P'ractice Agel~nciei s which shall e~ac~h be
self-gover~ning_ in respect to conditions or problems renting exclu-
sively to said boranchles or subdivilsions, p~rovidingr that no action of
any su~ch Agency- shall be inconsistent with the purposes and pro-
visions' of this Code, or the A~ct; and provided further that no supple-

mental agreements, recommendations, or provisions shall be sub.
mlitted to thze Presid~ent byT the Code Authority or any Planning and
Fair Practice Agency without first having been approved by duly
reco rd ed vote of the bralnchtes or subdivisions concerned. The
method of v-otingr in each. branch or subdivision shall be fair and
equitable and subject to the approval of the President or his aut~hor-
ized reprlesentalti~ve. 1Members of each branch or subdivision shall
bear their proportionate shares of the expenses of maintenance of
sulch branch or subldivision. Applicat~ion for the establishment of
any ]Platnning anld Fa'ir Practice! Agency, and any eomnain
or reports b~y suchI Ageny when established, shall bmmndtinse transmitted
promptlyv to the Presidernt or his authorized representative through
the Code Authority.
D., The Code Authority anld Planning ani ]Fair Practice. Agencies
established under this Code shall have the followings duties and powers
to the extent perm~it~ted byT thre Act and subject to r~eview by the Presi-
dent or his authorized representatives:
1. The Code Authority shall administer thlis Code and shal mai-
tain all activities per~tinent thcreto~, such as obta7ining fronm employers,
reports requested by the Prcsident or his authorized representatie in
respect to wagbres, hours of latbor, conditions of employment, and other
matters pertinent to the purposes of the Act. Mrembuers of the indus-
try shall furnish such reports and information promlptly, and :reports
shatll be notar1ized~ when required. The Code Authlority shatll desig-
nate the agent or agents to whom reports shall be sulbmitted, except
that the ]Plannlina and1 Fair Practice Agecncies established in accord-
ance with this Code may designate the agent or agents to whiom. mem-
bers of the bra nch~ or subdivision co~ncerned shall submit their reports.
Th~e slcttctior n of agents and statistical methods used by themt~n in col-
lc~ting and compiling information shall be subject to review byr the
President, or hlis authorized representative.. Where reports are of a
con fide n tial nature t~hey shall be conlfiden tiall to the agen t or agen ts des-
ignated and to any decsignated Govriernment agencies, and the informa-
tion so collected shall. be disseminatedl without individunal identification
and only-in combination withn other information of the same type, and
shall bet not arIized when required. The con fiden tial n a ture of thei infor-
m~ation requelste~d from members of the induast ry~ shall be determined by
the Code Authority, subject to Ireview\ by the Pre~sident ~r his alut.hor-
ized representative, and all such. rulings shall be general in applica-
tion andt shall not vanry as betweclln memlbers~ of thle same branch or
subdivision of thec indulstry. Anly of th~e foregcoing information shall
be furnishedc by the Code Au~thiorit~y to suchI government agencies as
thec Presidenit or his authlor~izedt repn~resentative m~ay designate to
effedtuate the: purpolses recited~ in Section 3 (a) of theL Act~. Ti~ns
article shall not relieve any members l of the industry from continuing
to make customaryy statisticatl repo~crts to ~coverrnmentl departments.
(2. Tlhe Codec Authority or PlannlingF an~ ]Fair P~ract~ice~ Agenexces
established under this Codle shall study trade-`i practices wvith a viewr to
making recommelnd nations to the P~residetlc or hiis u th~orized repre-
3. Thre Code Authlority of Plannling~ aInd ]Farir Pra~cticel Agerncies
estaiblished under this~ Code, shall makei studlies in an rlfcort to deter-
miine faiir andc ulniforml cost-finding p~rocedures. If and~ when such
rcost-lining~ii prioced~ures are app~rovedc by the Precsident o~r hiis auithor-

ized :representative, then sales below cost as determined b~y such
approved procedures shall be an unfair method of competition.
1. Emnployecrs shall comply with the followvingr requirements of
Section 7 (a) of the Act:
"Employees shall have the right to organize and bargain collec-
t~ively through r~epr~esentaltives of their owvn choosing, and shazll be
free from the inter~fernce, restraint, or coercion of employers of
labor, or their agents, in the designation of such r~epresentatives or
in self-organnization or in, other concerted activities for the purpose of
collectivet bargaining or other mutual aid or protection; (2) no em-
ploye~e atnd no one! steekinlg employment shall be required as a condi-
tion of employment to join~ any company union or to refrain from
jomm~g, orgamizmg, or assisting a labor organization of lus own
choosing, and (3) employers shall comply with the malximnum hours
of labor, milinmum~ rates of pay, and other condlitionls of employment
approved or prescribedl by the Pr~esid~ent."'
1. In acco-1crdance with Section 10 (b) of the Act, this Code and all.
the provisions thereof :Irei expressly made subject to the right of the
President from time to time to cancel or mlodify azny order, appr~oval,
license, rule, or regulationrl i~ssued under Title I of said Act and spre-
cificatlly, bult. without limitation, to the right of the President to can-
cel or modify his alpprov-al of this Code or any conditions imposed
by him upon his approval.
2. Within each state, membn'ters of the industry shall comply wvith
any laws of such state imlposingr more stringent requirements regu-
Inting the age of employees, wages, hours of work, or health, fire, or
general working conditions, than u~nder this Code.
3. If any employer subject to this Code is also an employer in any
other industry, the provisions of this Code shall apply to and azffect
only that portion of his business which. is subject to this Code.
4. This Code shaUl cease to be effective upon the expiration of the
Act or upon decision of the President, prior to such expiration, to
cancel his approval of this Code.

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