Por ade by the superintendent of Documents, Washington. D.C. - Price 5 cents
Approved Code No. 288
Registry No. 507--1--05
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON FEBRUARY 17, 1934
WE DO DUR P~llW~
i i I I It
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Of~iee, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCB
Atlanta, Ga.: 504 Post Oflkce Building.
Birmingnham, Ala.: 257 Federal Building.
Boston, Mass. : 1801 Customhouse.
Buffalo, N.Y.: Chamlber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 Northl Wells Street.
Cleveland, Ohio: Chamber of Commlercre.
Dallas. Tex.: Chamber of Comimerce Building.
Detr~oit, M~ich.: 801 First Nationaul Bank Building.
Houston, Texr.: Chamber of Commerce Building.
Indianalpolis. Ind.: Chamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commecrce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Anlgeles. Caif.: 1163 South Bronadway.
Louisville, Kv.: 408 Federal Building.
Mempihis, Teun. : 2''! Federal Building.
Minneapolis, Mlinnl.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolk. Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Newr Post Offlee Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 8009 Federal Office Building.
Approved Code No. 288
CODE OF FAIR, COMPETITION
DAILY NEWrSP~A~PER PUBISHI[ING BUSINESS
As Approved on February 17, 1934
A~n application having been duly made, pursuant to and in. full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Daily Newspaper Publishing Business,
atnd hearinljs having been held thereon and thie Administrator having
rendered his report containing an analysis of the! said code of fair
competition together with his recommendations -and findings with
respect thereto, and the Administr~ator having foundr that th said
code of fair competition complies in all respects with the perti~nent
provisions of Title I of said Act and that the requirements of
clauses (1) and (2) of subsection (a) of Section 3 of the said Act
have been met:
NOWV, THEREFORE, I, Franklin D. Roosevelt~ President of
the United States, pursuant to the a-uthority rested in me by Title
I of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do hereby adopt and approve the report, reco~mmenda-
tions and findings of th~e Admini~strator and do order that the said
code of fair competition be andl it is hereby approved, subject to
the following conditions:
(1) The determination of hours and wages for news department
workers shall be made not later than 60 days hence.
(2) The government members of the Code Authority shall give
particular attention to the provisions authorizing mrinors to deliver
and sell newspapers and shall report to the President not later thazi
60 days hence.
(3) Insofar as Article VII is not required by the Act, it is pure
surplusage. Ih~ile it has no meaning it is permitted to gt~and merely
29047"-~296-1 06---34 (60)
because it has been requested and because it could have no such
legal effect as would bar its inclusion. Of course a man does not
consent to what he does not consent to. But if the President should
find it necessary to modify this Code, the circumstance that the
rixodification was not consented to would not affect whatever obliga-
tions the non-consentor would have under Sectioni 3 (d) of the
National Industri~al RecoverJI Act.
Of course, also, nobody waves an constitutional r~ighlts by assent-
ing to a Codle. The recl'tation of the freedom of the press clause in
thle Code ha1s no more place here than would the recitation of the
whole Constitution or of th TIen Commandments. The freedom
guaranteed by the Constitution is freedom of expression and that
will be scrupulously respected---but it is not freedom to work chil-
dren, or do business in a fire trap or violate the lawfs against obscenity,
libel and lewdcness.
FRANKLIN D. ROOSEVELT.
Approval recommended :
Hnoo S. JoHNson,
A dmin istrator.
Tm WarrE IE-OUSFE,
February 17, 1934.
THE HITE HOUSE,
GENERAL 1UGH S. JOHNBLON, ahnfs err i 18
Nat~ionlal Recover~y Admnin itrator,
National Recover!7' Administra~tion,
Mr~ Dz~ GENERAL JOHNSON:
In addition to the conditions in the Executive Order approving the
Code of F~air Competition for the Daily Newspaper Publishing Busi-
ness, I wish to make the following~ observations:
(a) '" I: am not satisfied with the Child Labor Provisions. A spe-
cial report and recommendations in regard to th~e carrying out of the
Provisions will be made to me at the end of 60 days.
(b) The publishers of newspapers having a circulation of seventy-
five thousand or more in cities of seven hundred and fifty thousand
population or more are requested to install a five-day, fort~y-hour
weekr for their staff of reporters and writers with the purpose of giv-
ing employment to additional men and women in tlus: field. A re-
port on this will be made at the end of sixty days."
F"RBNKLIN D. ROO0S3EVELT.
The Wlhite House.
Sme: Dur~ing the formlalltionn of AQ Code of Fair Competition for
thre daily new~spaperls of the United S~tates onie issue eng~rossed
public attention:j Freediom of the Press. In the conferences be-
tween the Admilnistrato r andi the immed~ciate proponents of the
Code-that is, thle Boardl of DIirectors of the Amnerilcanl Newspaper
Publishers' Association and the reprsentt~at.i ves of thle regional press
associations affiliated \ith~ th Amler~icanl New~paper Publishlers'
Association-maijor attention was devoted to the hocur~s and wage
provisions of thle Code; to thle revision of thle Child Labor section and
to the problemn of ediitor~ial work~ers. Thle pr~op~onents kn~ew th~at so
far ase the National Recovery Admi1nis~tration1 was concerned there
was no issue in3 respect, of the Fr~eedlom of the Precss and that the
controversy had been. stimulated almost entirely by those who had
ony second- or third-hlund informllationl of the progress of the
negotiations. The issue h-as assumed suich proportions, however,
in the minds of certain newspaper publishers and of a certain
section rof the public rtht it seems dlesirable in this, mly Report to
you, to -set focrth the bar~e facts.
Hearings on the N~ewspaper Code wer~e held on Septemlber 22nd
and 23rd. The Code, as put down for public hearing, conltainedl a
Section XI whichl read as follos:
1In submitt~inge or subscribinlg to this code, the publishers do not
ther~eby agrrlee to ne~ept or to complly withl any other requirements
tha lthos hereinl contained, or wa~ive any r~ight to object to the im-
position of any further or different requirements, or waive any con-
stitutional rights or consent to ther impos(.iitionl of any requirements
that might restrict or inlterfer~e wlith th~e constitutional guarantee
of the Freedomll of the ]Press."'
Th~is reservation which it wa;s pr~oposedl to, ilc~ludce inl a code, had
already~ been mnade by the n~~r lflewsppe publis~er~s whenl, on August 16,
193 they securledl appoal~c~ of the Administrator for the suibstitu-
tion of cer~t ainl pr'lovisions1 of their pr1oposedl code for the relevant
provisions of tePresident's Reemp~loyment Agreement. Thle
NTuational Recov-ery Admllinistratio nl thien incdic~atedl that. it had no ob-
jections to the new~spapers asserting th~e constitutional rights of a
Alt the public hearingfs, questions to~ counlsel for the Codle's pro-
ponelnts sought to, asce~tain w~hether th Fr~eed~om of the Press reser-
\tinfjl waS intended to intimate that because o~f the First Amend-
menClt nlew\spap~ers might be free of any~ obligantionl under the AQct to
submit n code. No newsl~paper has ever p~leadedt a State c~onstitu-
tionnI guarantee of F;Ireedoml of thelc Press aIs givingll it imlmunit~y
underl StateP ChIldC L~nbor Law~s or Wor~kmen's Co';mpensation Law~s.
LETTER OF TRANS~i~MITTAL
It was suggested also at the public hearings that legally the reserva-
tion was surplusagae; that by consenting to a code on hours and;
wages the newspapers could not waive any rights under the First
Amendment. During the public hearings, therefore, th Admin-
istration expressed no opinion onl the Freedoml of the Press rearva-
tion except insofar as an opinion might be inlferredl from the! inl-
terrogations referred to above. (Stenogr~aphic record, New~spap~er
Code public hearing, page: 1222--Graphlic Arts Code public hearing,
In the subsequent conferences between thre proponents of the Code
and represents ti ves of thie Adlm in istrator--and there have been :many
of these conferences--the only suggestions that have beenl made inl
respect of the original Sect ion XI1 of the Newspaper Code were
that the declaration could more properly appear in the preamble
of the Code or in, connection with. Section 10 (b) of the Act, instead
of in its original r~estingr place, between two irrelevant sections;
and that the language might be limited to constitutional rights
under the First Amendment and not extended to cover all constitu-
tional rights. These suggestions w\ere not pressed. TPhe Code as
recommended contains the reservations in connection with Section
10 (b) of the Act. The language goes beyond the liberties protected
b~y the First Amendment but this, it seems to me, is not important.
The newspapers have not asked for anyT spCe~ial protection beyond
that gutarantee~d them by the F~irst Amendmet; and if--as is not
anticipated--the language ever has to be construed, thiis fact will
be kept in mind. I say not anticipated because legally the
language is unnecessary. Rights under the F'irst Am~endment can-
not be waived by submission to a code in accordance with. the pro-
visions of the National Inrdustrial Recovery Act. From these mole-
hills of fact a mountain of controversy has been made.
It was freely charged that the Adlminist~ration wPould not consent
to the inclusion in the Code of the provision onl th~e Freedom of the
Press; that the licensing of newspapers was contemplated and that
they could lookr forward- to administrative control similar to that
which is exercised over broadcasting. Only a word of comment is
necessary in respect of these charges.
One pronou ncemnent--dissemli nated widely by certain :newspapers--
was to the effect that the F'reedom of the Press and even the First
Amlendmlent itself were in the balance because on the cover of
the Code as published by the Government Prinlting Ofl~ice there ap-
peared the statement:" The Code for th-Je Amlerican Newspaper Pub-
lishers Industry in its present form merely reflects the proposal of
the above-mentioned industry, and none of the provisions contained
therein are to be regarded as hav-ing received t~he approval of the
National Industr~ial RecovJery .AdmIinistration as applying to this
industry." Since the Code included Section ~XT, the charge was that
the Administration was in the position of withholding its assent to
t~he inclusion of Sctionn XI arndr was imlperilling the Fireedom of the
Press. But t~he statement quoted appears on the cover of every code
printed by the Governmlent Printing Office and is designed to indicate
that in its governmentally published form it is onlly a proposed code
and not an approved code. The statement on' the Government Print-
ing Offce edition of the Code applies to Section 7 (a) of the Act,
which must be textually included in every code, so if this reasoning is
good the statement put the Administration in the position of having
the inclusion of Section 7 (a) always in the balance ". Of course
such "C reasoning is nonsensical
As for the fears as to thle licensing of the press, no expressor of
the fears ever cited any statement or act by any responsible gov-
ernment official which contemplated the use of thle licensing power.
Those wRho talkz about licenlsing completely ignore the fact that the
thelscn'licensing provision of the ct is in a section entirely apart from
th scton under which codes are presented; that the powers of
the President are carefully circumscribed; that hie mlay exercise
them oly if he finds that "' destructive wage or price cutting or other
activities contrary to the policy of thle Recovery~ Act arIe being
practiced in any trade or industry; and that he must give public
notice and hearing before he enn act.
It, is hardly necessary to remark: that the radio anlalogy is singu-
lar~ly inapposite. Broadcasting without some governments supervi-
sion is hardly conceivable. A new~spaper can be printed in any form
that the proprietor desires without preventing the publication of
another newspaper. Unless broadcasters are limited to different
wave lengths they interfere with each other. A newspaper cannot
pi its competitor's type, but without government control of wave
lengths wse wrouldi have symphonies, bedtime stories, crooners, and
astrological lore all mixed up in an uninitelligible melee of sounds.
I~n the light of this fundamentally difference. newspapers as new-s-
fspapes sought not to think that so long as free government lasts pub-
lccontr~ol of broadenasting is any precedent for public supernsion
Sof mubihndllch for the straw-manl issue of Freedoml of thle Press. The
Code as recommended folr app~ov-al reserves to newspapers all of
their rights under the First Amecndm~ent. The reser~vation is in the
terms of Section XIrf of th~e Code as put downI for public hearing.
The Freedoml of the Pr~esrs is guaranteed in the Code. Sectionl 4 (b)
of the Act. has nio connection with this Code. If newspapers fear
the mere existence of Sjection 4, (b) in th~e Act, they shouldl discuss
their fears with the ]Presrident or with Congress and not with the
National Recovery Admninistration.
WAGE:IS .~ 1N H~OTRS
In respect of wngjesi andi hours the Newspaperel Code ra8isetd difficult
questions. The positions of the. newspaper Is somewhat unique. Un-
less located in thle same arecas newspapers dto not compete with each
other. TIhat may be said of retail establishments but. retail est~ab-
lishments are vitally concerned by wage provisions which do no
more than fix a bare minimum. So many of the employees of news-
papers are highly skilledl thiat a mninimlum w-age applies to only a
small percent of the manufacturing employees.
To find any formula w~hichi would increase wages for the work-
ers above thle miinimulm provedl wellnighi impossible. A number of
publishers whose collective agr~eemlents were about to expire or who
had sufficient resources to do their bit under the National Industrial
Recovery Act were perfectly willing to accept t~he formula of 10%b
increase on 1933 rates, pr~ovidedl that the inlcrease should not go
above the prevailing hourly rates in1 1990. For such p~ublishlers this
formula was perfectly satisfactory. In respect of other publishers,
how-ever, it w~as apparent. that the application of suchr a formula
would mean either:
(a) that the paper would have to re~duce~ the number of c~olumnl~s
in a daily issue so that unemcllployment would be inlcretasedl, or
(b) that the paper would have to p~lendc its fina~nc~ial inability to
consent to such an increase.
So far as the public is conlc~ernedt the news~paperlls of the country
have been put in a false~ position. The public has grlelnerlly an idea
that newspapercls are la1rge corporate e~nterpri-esc- with surp~llus or
resources whiich can be drawn~1 upon during the present emergency.
As a mantter of fact, how\ever, 1,3:34 new\sp'apers~ have circulations
below 10,000 copies per day; EU~ have circulations betwreenl 10,000
and 25,000; 131 have circulations betwreen 2;5,000 anld 50,000; and
only 145i have circulations above 50,000 per day. The application
of any formula for wage increases to newspapers of such vaustly
different positions in respect of finances and numbers~l of employees
would workr great hardship in certain cases and be too lenient, in
This holds true of hours as well. Severe unemployment among
printers~ exists in certain sections of the country. In other sec-
tions of the country there is less unemployment. Newspapers with
large sta7ffs of manufacturing employees can rather readily adjust
shifts so as to share available positions among a number of workers
larger than the number of available positions. A small newspaper,
howev-er, where the editor is a substitute pressman, thle compositor
solicits advertising and the society reporter collects bills, would ha- es
difficulty in doing much to spread employment.
T~he proponents of the Code proposed a flat forty-hour week. That
obviously would do nothing to relieve unemployment in the big cen-
ters where newspaper employees are now working an average of less
than forty hours. On the other hand, with respect to cer~tain small
paprsa rigid m~ax~imum of forty hours would impose too great
The compromise arrived at is a basic weeki of forty hours wFith
the pr'oviso that in certain localities more hours can be worked and
that in other localities fewer hours shall be worked~c in ordcer to
NEWSPAPER INDUSTRIAL BOARD
It is anticipated that by reason of the provisions of the Code
" that existing hourly dlifferentials above the minimum sh-all be main-
tained and the maximum hours may vary, labor controversies will
arise. To deal with these controversies the Code sets up a NJews-
paper Industrial Board consisting of four publisher mlemnbers to be
designated by the Code Acuthorityr, and four members rep~resent.ingi
the employees, to be selected by the Admlinistrator. These eight shall
select a permanent panel of five impartial chairmen, from which
panel, in the event of a deadlock on. any question, a ninth member
of the board shall be selected by lot. He; shall act as chairman and
cast the deciding vote. Many newspapers in the United States have
long been accuistomed to impartial machinery for the settlement of
labor disputes. This machinery has been both local and national.
TZhe Code. make~s provision for the functioning of any local ma-
chineryr of conference and gives the N~ewspap~er Industrial Board
jurisdiction as an appellate body in case the local machinery is
unable to effect the adjustment.
T~he quetstionl of new-sboy~s was exhaustively discussed at the public
heaingand in briefs filed with t~he Administrat~or after the conclu-
naturie of thie pr~oblemi in differentt places of publication, it was found
difficult to formulalte a prov-ision which would eliminate admitted
evils in the Inrg~e cities and not impose undue hardships in the smaller
centers of pubhlien~tion. It is one thing, for example, for boys under
sixtee to sell papIer~s o~n the streets of Chicago and New York at
right. It is quite aniotheir matter for boys to get bundles of papers
at a railroadr station in a small cityr and to deliver them before school
Thees provision qluali flying thet ChildZ Labor section of the Code pro-
hibits the employment of any persons under sixteen years of age if
such employment would imlpair health or interfere with the hours
of day school. Subject to this general proviso there is no limitation
on the delivery of newspapers. Wli~t-h respect to the selling of news-
papers, no person, under sixteen may be employed between 7 P.M.
and 7 A.M. from Octoer 1, to Mnar~ch 131. or between 8 P.M. and
7 A~.M.I froml April 1 to September 30. This provision, in connection
with~l State InwFts, will, it is believed? greatly reduce the evils of street
selling. It shouldl be pointed out, however, that such street selling
will not be covered by this Code. 1Many minors who sell newspapers
are employed by newrs agents, or distributors. who will n-ot he bound
by the Code's provisions..
Similar difficulties prevented the formulation of any genieral rule
limiting the hours of news department employees. Guilds of news-
paper writers form~ed in various sections of the country were repre-
sentedl at the public hearings and have appeared in several of the
conferences hieldl fter the conclusion of these hearings. Some of the
requlests of the newrs writerso-for example, for notice of discharge;
for vPaentions, etc.-wre obviously requests that. should be made
through collective bargaining or directly to individual employers.
The newspaper guilds will doubtless engage in collective bargaining
and it is a matter of record that many newspapers, either under
the ]President's Reemployment Agreement or independently thereof,
have already limited the hours of editorial workers. In some cases
there is a five-day week with no limitation on the maximum number
of hours to be wforked~ per day. In other cases, there is a limitation
to forty hours per week as the basic week and time in excess of forty
hours- which is frequently necessary by reason of the character o
news gathering--is cumulated and compensated for by time off.
The Amrcican~ Newspaper Pulblishersj' Ass;cj(ciatfion1 has a labor de-
partment which has adequate data on hours and, wages of mnann-
factulring employees. No data1 are alvailable on the hours andl wages
of editorial employees. During one of the conlferences with the
Administr~ator severa~fl w~eekrs ago the Amuer~ican Naewsp~ape r Pub-
lishiers' Association Board decided to collect such danta. ~A ques-
tionnaire was, thereforec, sent out to all ntnewspapers m the United
States. R-eplies are coming inr and the Code provides that the Code
~Authorit say, on the basiS of this information. "dietermine. what
constitutes r~easonable~ hours and w~ages for newrs-depart~ment workers,
and, subject to the appr1?oval of the Administrator, to incorporate
its findings in the, provisions of this Code." It is expected that sulch
a report will be made promptlyv.
(cOM 3I1 ENCI.4L PRINTlING
Many daily nlewspap ers operate commiier~ci ia hinting establish-
mnents or sell electrotype and photoe~ngraving plates. Such comnmer-
cial activities of a new-sp~nper properlyr comelc under a Grrap~hic Arts
Code. WPhatever hours and wage provisions are adopted for the
Graphic Arts Indus~tries will cover the graphic-nets activities of
newspaper proprietors. The ~Newspaper C~ode authorizes the News-
paper Code Authorit~y '" to coordlinate the a dmin ist r t ion of th is Code
with such other code or cod~s. if any, as m~ay affect the business of
publishers assenting to this C~ode," but specifically provides that
publishers "L wsho are also engaged in the selling of printing, photo-
engraving, or other related products to others than .new-spaper1s are
bound by the provisionls of this Code only insofar as their operations
are conc~ernedl with the business of publishing newspapers.". It may
be noted here that weekly newspapers, most of which have com-
mnercial printing establishments, will come under1 a Graphic Arts
Code even in rIesp~ect of their news-~paper publishing.
THCE CODE A~S RECOMMI~ENDED
The Code as reclommn~endled` may be sumnmarized as follows:
Article I states the purposes of the Code.
Article II sets fourth various definitions.
Article III pr~ov-ies a standalird work: week of forty hours, which)
is subject to increase or decr~ease as explalined above.
Artcle IV sets minimum wage scales.
Article V limits the emlployment of p~ersonls und1~er sixteenl years of
age in delivering or selling~ newlspaper~s. quotes Stection T (a) of the
Act, anid perits publishers in areas whler~e there are abnormnal con-
ditions of business distress or where there is an acute shortage of
labor which w~ould evernte great and unavoidable hardships" to
petition for relief.
Article VI constituates a Code Authority, gives it certain power~s,
and sets up a Newrspaper Industrial Board.
Article VCII reserves the President's ~ right to cancel or modify any
order approving the Code (Section `10 (b) of the ALct) ; reserves to
the publishers their constitutional rights, and makres a pronounce-
ment against any "~pallid bust of Pallas"--in other words, it declares
against any demolition of that great palladium of liberty--Freedom
of the Pre~ss.
Article VIIIT fixe~s the effective date of the Code.
The Admllinistrator~ finds that:
(a) Thne Code complies in all respects with the pertinent provi-
sions of Title IC of the Act, including without limitation subsection
(a fSection CI and subsectioni (b) of Section 10 thereof; and that
(Bb)f Thle American Nlewrspaper Publishiers' Association imposes no
inequitable restrictions on admission to membership therein and is
truly representative of the D~aily Newspaper Publishing B~usiness;
(c) The Code is not dlesignedl to promote monopolies or to elimi-
nate or oppr~ess small enterprises andl will not operate to discriminate
against them, and will tendl to effectulate the policy of Title I of the
National -Industrial RecoveryS Act.
I recommend t~hat the Clode be approved.
HUGH S: JoNson,
FE;BRUARY 18, 1984.
]DAILY NEWSPAPER ]PUBLI~SH[ING BUSINESSS t,
AQRTIC:LE I -PrRPOSE
To effect the policies of the National Industrial Recovery Act, the
following provisions are submitted as a code for daily newspapers,
and -upon approval by the President shall be the standard for daily
newspapers subsrcribing or aFsenting thereto.
AnnO(LE II --EFINITIONSP
S~ECTION 1. The terms "i daily newspapers and newspapers "' as
used herein shall include all newspapers published daily and/or
Sunday. The term~ "L newspaper publishing 'is defined to mean the
publishing; of sulch newspapers. T~he termn "publishers shall in-
clude persons actually engagedl in. the publishing of such newspapers,
whether individuals, partnlershlips, associations, trusts, or corpora-
SEG. 2. The terms~l President '", "ABct ", and "~Administrator ", as
used her~ein, shall mean, respectively, the President of the United
States, thie National Ind'ustrial Recover~y Act, and the Administrator
of Title I of said Act.
SEC. 3. The term employee ", as used herein, includes anyone
lengaged~ on a nlewspalper in any enalitrify receiv-ing compensation for
SEc. 4. The term "' employer "' as used herein, includes anyone by
whom suceh employee is comp~ensatedl or employed.
SCEC. 5. The term Code Aulthor~ity means the admninistr~ative
bodyp provided for in Ahrticle VI of this Code.
SEc. 6. Popullation1 for the purpose of this Code shall be deter-
minedl by r~eferecnce to the latest Fiederal Census.
SECTrION 1. Putblishers1 bhall not work any accounting, clerical, of-
flee, service, or sales emlploy~ee (except outside salesmen, r~epresenta-
tives, drivers andl circulation mlen) in any office or department for
more than 40 hours per week in any city of oer .50!,000 population:
nor more than 44 hours per week in any city of between 23,000 and
50.000 population; nor more than. 48 hours per w~eek in any city or
townn of less than 95!,000 population; prov-idedl that in emergencies
additional hours may be worked if compensated by an, equivalent
CODE OF FAIR COMPETITION
amount of time off. (These excepted employees, other than outside
salesmen, shall: not be in excess of 10 percent of the total employees
of any establishment.)
The Code Authority is authorized to secure the necessary data and
to determine the ma ximum hours and minimum wages for news de-
partmenlt workers, and, subject to the approval of the Administrator,
to incorporate its findings in the provisions of this Code. Until such
time as its findings are made a part of this. Code, present conditions
Ishall be .maintained.
The provisions of this section shall not apply to professional per-
sons employed in their professions, to persons employed in a man-
agerial or personal capacity, employees on emergency, maintenance
and repair worrk (includringr prteFrs janitors, engineers, firemen, and
wachmen),, nor to employees in special cases where restrictions of
hours of highlly skilled workers on continued processes would una-
voidablyv reduce production, nor in special cases of emergency; pro-
vided, that in any such special cases the prevailing rate for overtime
in that department shall be paid for hours of work in excess of the
SEc. 2. The maximum unit of hours to constitute a dlay's or night's
workr for mechanical employees shall be 8 continuous hours, exclusive
of lunch time.
Except as herein otherwise provided, the standard workr week
shall be 40 hours.
The foregoing maximum hours of work shall not be construed as
a minimum either for a day or a week, and if at any time in any
locality newspaper mechanics of a given trade, through their chosen
representatives, express by written request to their employer or em-
.ployers a desire to share av-ailable work with bona fide resident
unemployed competent newspaper mechanics in their particular
trade or craft, the number of hours of work may be adjusted by
If local agreement proves impossible within 15 days, the question
may be appealed by either party to a local Fact Finding Board made
up of two representatives of the employer or employers and two
representatives of the employees.
The local board as thus formed shall endeavor to agree upon the
fact with regard to the number of resident unemployed competent
newspaper mechanics in the locality for the purpose of reducing the
number of such, unemployed newspaper mechanics so far as is pos-
sible without ulndue hardship to either the employer or employers or
his or their employees.
If a majority agireemlent cannot be arrived at, the four members
sharll choose a fifth and impartial member of the board who shall act
TIhe board shall proceed diligently to complete its findings of fact
and make its recommendations.
Should either the employer or employers or his or their employees
disagree wit the findings and recommendations of the local board,
appeal may be made to the Newspaper Industrial Board provided
for in this Code, which, after notice and opportunity for the parties
to be heard, shall make a, finding which shall be binding upon all
parties of interest.
Theese provisions as to sharing of w1orki shall nlot applly to any
newspaper having te or less joulrllneymn mechanical d~eparltmnent
If in any locality there are not available competent journeymne n
newspaper mechamecs to permit the. operation of anly new~spapler in
siuch locality on a 40-hour wee~k, thlen th~e w~ork week may be exstended'
to not more than six times the maximum unit of hlour~s htainbefor~e
set fourth as conlstitutinlg a normal day'; or night's w\ork;, without
overtime; provided that in a~ny locality where less thanl 8 hours nor-
mallly constitutes a day's or nightt's work(, then the work wTeek; may
not b~e extendedl beyond six times that unit. of hours unless overtime
Ai ~shfs ahpublishler may divide an employee's workr weekr into as many as
sixshitseac ofsuch length, not exceeding: eight hours, as the
publisher may dleter~mine, an~d shall1 have the right to designate the
shifts, schedulle of hours, and starting time of each employee Over-
time r;hall1 be wor~kedl when necessary."
S ECTION 1. NO fulll-tilme employee in any of the classes mentioned
in Article III, Section 1, shall be paid less than $1_5.00 per week in
any city of over 500,000 population or in the immediatet, trade area
of such city7; nror less than $14.00 per week in any city of between
250,000 and 500,000 or inl the immediate, trade area of such city; nor
less than $13.00 per week in any city of between 50,000 and 2.50,000
or in the immediate tra~de area of such city-; nor less than $12.00 per
week in any city of be~tweren 25,000 and 50 000 population; nor less
than $11.00 per wreeki in. any ci-ty or t~own of less than 25,000 popula-
tion; provided, that office boys and girls, and learners or appren-
tices, not to exsceed ten percent of the total employees of any estab-
lishmlent., are to be paid not less thann 70 percent of the foregroinga
scale. Part-time employees shall r~eceiv~e pro rata rates of the fore-
SEC. 2. The mninimnumi rate for m~echanical employees, other than
apprentices and learners as hlereinbefore provided for, shall be 40
c~ent~s per hour, with. the under~standing~r that existing hourly rate
dliffer~entials above said minimluml shall be maintained and that
payments for work on a pietce-work basis will maintain their cuns-
tomary relationships> to the payments on a tim basis.
OvPertime shall be paid for at the rates preveailinga in the
SEC. 3. The p~rovisionls of this article shall not apply to persons
mlentionel ~in Article V, Section 1.,
SEc'. 4. iA per~sonl whose earning capacity is limited beenuse of age
or physical hlandica~p may bEe emplo~yed at a wage not more than
20%c below the minmmum fixed in this Code. Each employer shall'
file with thle Code Authlorityr a list of all sulch persons employee by
z se par. 1 of Executive order approving this Code.
ARTICLE 7--- FENERAL LBnon Pnovrazows
SECTION 1. Publishers shall not employ persons under 16 years of
age except those who are able, without impairment of health or
interference with hours of day school,
(to deliver newspapers;
(to sell newspapers, provided that no such person shall be
emp oyed in street sales between 7 P.MI. and 7 A.M.% from October
1st to Mlarch 31st, or between 8 P.M. and 7 A.M. from April 1st
to September 30th; and
(4c) To perform other part time services but not in manufacturing
mechanical departments, for not more than 3 hours a day,
between 7 A.ML. and 7 P.Mi., provided that no person under 14 years
of age shall be so employed.2
SETC. S. (a) Employees shall have the right to organize and bar-
gain collectively through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in t~he designation of such repre-
sentatives or in self-organization or in other concerted activities for
the. purpose of collect~ive. ba rgai ni ng or other mutual aid or protection.
(b) No employee and no one seeking employment shall be re-
quired as a condition of employment to Join any company umion or
to refrain from joining, organizing, or assistmng a labor organiza-
tion of hiis own choosing.
~(c) Em~ployers shaUl comply with the maximum hours of labor,
minanu rates of pay, and other conditions of employment, ap-
proed r described by the President.
SEc. 3. Apbshrasnigto this Code, in any city where
ther are abnormal conditions o uiesdsrs rweeteei
an acute shortage of labor of any or all of the classes herein men-
tioned, which conditions of distress or shortage of labor will create
great and unavoidable hardship, may, in a petition to the Code Au-
thority, and with its approval, obtain a stay of such provisions of
this Code as work the hardship, such stay, however, to be subject
to approval by the Administrator.
SEc. 4. The requirements of articles III and IV shall be observed
except where compliance would violate a, contract now in full force
and effect which contract cannot be revised except by mutual
SEc. 5. Publishers shall post complete copies of this Code in con-
spicuous places accessible to employees.
ARTICLE VI THE CODE AUTworrTY
SECTION 1. A Code Authority is hereby constituted to cooperate
with th Administrator in the administration of this Code.
SEc. 23. The Code Authority shall consist of 10 members from the
newspaper publishing business to be selected as hereinafter pro-
vided; and mn addition there may be three members without vote, to
be appointed by the President, to serve without expense to those
assentmng to this Code. Five members shall be designated by the
Board of Directors of the American Newspaper Publishers Associa-
tion, of whomn its President shall be one, and one member by each
a Bee letter from President to General Johnson dated February 17, 1934.
of the following associations: The New England Daiily Newspaper
Association, Thle So~uthernl News~paper Publiishers Association, the?
Del-MZar-Va Associationl, the I~nland D~aly_ Press Aiss~ciation, and
the Pacific North~est NTew~spap~er Associnflon. The 1Presiden~lt of
the American Newspaper~ Publishers Ar-ssociation shall be! th~e Chair-
maln of the Code Au~thority.:
S'Ec. 3. T3he Coder Authcri~tyr shall have the following powers and
dutiesc, in adrditionl to those elsewhere pr1ovided in this code, subject
to the r~iglt of the Administrator to r~eview- anyJ actionr takenI by it:
((a) To adopt bylawl\s and rules and regulations for its procedure.
(b T receive complaints of violations of this C~ode, malke investi-
gations thereof, p~rovl\ide hearings thereon when nle;essaryS, and adjust.
(c) T'o call for such reports and collect such information. as it
dreems necessary in the! admlrinistration? 1 of this Code.
(d) To coordinated the administrations of this Code wpyith such other
code or codes, if any, as may n ffecct the bulsiness of publishers assent-
ing to this Code. Pulblishers wRho are also engaged in the satle of
printing, photo-engrav~inga or other related products to others thlan
newspapers are bound by t-he pr~ovisions of this Code only insofar as
their operations are conl.cr~nedl with thef business of publllishing news-
(e) T~o secure an equitable and proportionate payment of the
expense of maintaining the Code Authlorit~y and its activities.
(f) To initiate, if necesiary, and recommend modificantions or
amndments of this Code, which, up~on approval by the Adminis-
tratior, shall become a part of the Codte.
SEC. 4. Trhe Code. Authority shall have power to employ counsel,
clerical, and expert help. It shanll also have power to apploint, such
agencies, and may delegate to any of them such of its powers and
dlut~ies, as it shall deem nec~essary) or ~r~oper.
SJac. 5. (a;) Ther~e sh-all be established ~within ten dayts after the
effective date of this Code a newspn per Industrial Board, consisting
of four publisher members to be designated by the Code Aulthority,
and four mnemlberls representing the employees, to be selected by the
N.R.A. Labor Advisory Boardl, subject to the appr~oval of the Ad-
ministr~ator. These! eight shall select a permanent; panel of five
impartial chairmen, from which panel, in the event of a deadlock
on any question, shall be ch~osenr by lot a ninth member of the Board
who shall act as chairman anld cast the deciding vote. The employer
members or the employee members may9, by- notice in ~writing, re-
move no more than two namles from thle p~ermainent panel. Va~can-
cies on the panel shall be filled immled~iately in the mnanner il n which
the originn1 pa~nel was selected. Ex~ept as hereinafter pr~ovidedl, this
Board shall con~sider contr~oversels ari~sing~r from the application of
thi Code, and shall have power to promulgate rules and .regulaltionls
~for the determination of suchl cont roversies. Where a contract or
agreement provides a method of determining clontroversies, that
method shall be followed and the Board shall nrot take jurisdiction.
(b) Any controversy concerningF hours, wa~ges, and conditions of
emlployment, arising undler this Cocle betw-een anr empl-loyer and his
emlploy'ee shall, if possible, be adjusted loodlly.
(e) Any such controversy which cannot be so settled shall be
referred to th Newspaper Industrial Board for its consideration
and determination ad the decision of said Board shall be accepted
bythe parties to thei controversy as effective for a provisional period
bof not longer thanr one year, but not beyond the period of this Code,
to be fired by the B[oard.
(d) During the consideration of any such controversy neither
partly shall change the conditions existing at the time the controversy
arose, or utilize an coercive or retaliatory measures to compel the
other party to accede to it demands.
(e) If any controversy shall arise as to who are the representatives
of the employees chosen as provided in Section 7 (a) of the National
Industrial Recovery Act, the Board shaUl have power to investigate
and determine thie question.
SEc. 6. Each tradee or industrial association directly or indirectly
participating in thqe~selection or activities of the Code Aiuthority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association, by-
laws, regulations, and any amendments when made thereto, together
with such other information as to membership, organization, and
activities as the Administrator mnay deem necessary to effectuate the
purpose of this Code.
SEC. NOthing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall
an member of the Code Authority be liable In any manner to any-
one for an act of any other member, officer, agent, or employee of
the Code Authority. ~Nor shall any member exercising reasonable
diligence in the conduct of his duties hereunder be liable to anyone
for any action or omission to act under the Code, except for his own
willful misfeasance or nonfeasance.
SEC. 8. NO provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises."
TIhose submitting this Code recognize that pursuant to Section
10 (b) of the Act the President may, from time to time, cancel or
modify any order approving this Code, but in submitting or sub-
scribing to this Code the publishers do not thereby consent to any
modification thereof, except as each may thereto subsequently agree,
nor do they thereby waive any constitutional rights, or consent to
the imposition of any requirements that might restrict or interfere
with the constitutional guarantee of the freedom of the press.'
This Code shall become effective on the second Monday after its
approval by the President and shall continue in force until Title I
of the National Industrial Rhecovery Act shall cease to be in effect as
now provided in Section 2 (c) of the Act.
Approved Code No. 288.
Registry No. 507-1-05.
a See par. 2 of Executive order approving thle Code.
r8ee par. 3 of Executive order approving this Code.
UNIVRSIY O FLRID