For sale by th** Superintendent of Documents, Wacshington, D.C:. - Price 5 cents
Approved Code No. 292
Registry No. 1414--01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CHILLED CAR WHEEL
AS APPROVED ON FEBRUARY 17, 1934
WE DO OUR PART
iF FL LIB.
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, W'ashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Comimerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMI~ERCE
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Indianapolis, Ind.: Chiamber of Commerce Building.
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Seattle, Washl.: 809 Federal Office Buiilding.
Approved C'ode No. 292
CODE OF FAIR COMPETITION
CHILLED CAR WHEEL INDUSTRY
As Approved on February 17, 1934
APPROVING CODE OF FAIR COMPETITION FOR THE CHILLED CAR
An application having been duly made pursuant to and in full
compliance with the provisions of T~itle I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair C~ompetition for t~he Chilled Car ~hReel Inldustry, and hearings
having been duly held thereon and t~he annexed report on said Code,
containing findings wit~h respect t~hereto, having been made and
directed to the President:
NOWV, THEREFORE, on behalf of the President of the United
States, I, H-ugh.S. Johnson, Admlinistrator for Inldustrial ~Recover~y,
pursuant. to authority vested in me by Execut~ive? Orders of the
President., including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with t~he pertinent provisions and wmil promote t~he policy and purposes
of said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved subject to the following
condition: that the continued participation of the Association of
Alanufacturers of Chilled Car OHreels in the Code Atuthority,. after
t~hirtyv days from the effective date of this Code, shall be contingent
uponn it;s amendingr its constitlutfion and by-laws to the satisfaction of
HUGH S. JoHNSON,
Admnis~trator for Industri;al Recoler~y.
W. A. HARRIMAN,
February 17, 1984~.
REPORT TO THE PRESIDENT
The PR ESI DENT,
The White House.
SmR: This is a report. on the Code of Fair Competition for the
Chilled Car Wheel Indulstry, as revised after the Public Hearing
conducted thlereon in WTashingaton, D.C., on December 20, 1933, in
accor~dance with the provisions of the National Industrial Recovery
PROVISIONS A9S TO HOURS AND WAGES
The Code provides for a normal maximum 40-hour wveek and
8-hour day except as hereinafter provided.
Emnployee~s may w-ork 48 hours pel r week for any 6 w~ecks in any 26
weekPIs' period, b~ut overtime shall be paid at the rate of time and one-
hialf for all hours in exscess of 8 a day or 40 a week.
TPS~Traveling salesman, traveling inspectors, and persons emlployed in
an exrecut~ivet, managerial, or supervisory capacity or in experimental
work, w~ho earn at least $35 a week, are? exemp~t from the hour
Watchm~en mnay be employed 56 hours in1 any one w-eek.
Pow\er' plant employees may be emnployed forty-five (45) hours in
any one week, nmne (9) hours in any one day.
In thre case of infrequent delays in foundlry operations which are
caused by power failures, breakdow'ns, or furnace run-outs, in order
to protect life and propert.yr maximum hourrs may be ext.ended for the
time necessary to tanke carle of the products in process for that day.
(The Industry has stated that this is vesry seldomu necessaryv and when
it does occur, the timle req uired is almost, never inl excess of one hour.)
P1roision is made for one day of rest in seven and the standard
clause regardling employment by several emlployers is incorporated in
The standard miinimum wa~ge rate is 40 cents per hour with a
differential which allowsa a muiniuml of 32 cents in the following
Sou thern Sta tes: North Car~olina, Sout~h Carolinn, Georgain, Alabamla,
1\f~issisippi, Louisianu, Virgmini, Tennessee, and Texas.
Clerical and onfce employees shall not be paid less thlan 515 per
week, pr~ovidedl office boys and girls may be paid not. less t.haln 80%l
of this wagfe and shali constituted not miore than 3% of the total number
Emuployecrs sha~ll mlak~e equitable adjustmuent~s for all employees
r~eceiving more than the miinimumi and t~he Code Author~ity w\ill report
all such adjustmecnts to the A~dministrator.r
Thle minimlum ratet sharll apply to, all emlployees regaardless of wvhat-
ever hns~is u~pon whiuch they mayv be compensated. Evasion of the
provisions of thle Code thiroughl r~eemployment. is prohibited.
No person under 10 y.ears~ of ag~e shall be employed, nor shall any
one under eigiteeni be allowed to work~l at hazardouls occupations.
This Industry is comprised of 23 concerns operating 47 foundries.
It is a capital goods industry and is engaged in the manufacture of
chilled iron wheels for locomotives, freight and railroad cars and street
railway ears. Being dependent on the railroads for over 90%b of its
business, it naturally has been severely affected by the depression.
Production in 1929 consisted of 2,926,000 wheels, which represented
even at. that time only 49.6% of capacity. Production in 1933 is
estimated at only 1,100,000 wheels, ai reduction of 63% fromt the
In 1929 the Industry employed 4,439 persons; this number wans
decreased 30.5%0 in 1933 to 3,078. Average weekly payrolls for shop
workers, however, are estimated to have been $109,763 in 1929, but
only $25,727 in 1933, a decrease of 7i6.7%o. This is more clearly
illuit~ratedr by the fact. thati in comparing the above tw~o years, it has
been shown that, the average hours per w~eek per man for shop workers
in 1929 were 57 as to 24 in July, 1933, and the average weekly earnings
for shop workers in July, 1933, decr~eased 65%0 fromt 1929.
The adoption of the President's Reemploymnent Agreemnent has
restored w\age ra tes to the 1929 level, but has not increased the number
of employees as the effect was to increase only the number of working
days per week. Reemploymrent in thle Industry~ can only be accomi-
plishled by a substantial increase in the demand for chilled car wheels.
The immediate prospect of the advancement of Public Works Ad-
ministrat~ion funds will fav\orably affect. this Industry and should
result in increased employment.. Also, the mlarket for chilled car
wheels is becomzingr more and more potential in Russia. If the 1929
rate of production is attained, this C~ode will directly increase employ-
mnent about 28%b over the 1929 number of employees.
The mlininiuml rates contained~ in the Code will increase wange rates
20% over July, 1933, and 2% over July, 1929.
There is no provision for female employees. The reason for this
is that there are no females employed in plant operations.
The Deputy Administrator in his final report to mie on said Code
having found as herein set forth and on t~he basis of all the proceedings
in this matter:
I find that--
(a) Said Code is well designed to promote t~he policies and purposes
of Title I of the~ Nlt~iona~l Indunt~rial Recor~veryAt, includilng removal
of obstructions to th free flow of interstate and foreign commerce
which tend to diminish the amount thereof and will provide for the
general welfare by promoting the organization of industry for the
purpose of cooperative actin among the trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanctions and supervision, by eliminating
unfai competitive practices, by prom~oting the fullest possible
utilization of the present productive capacity of industries, by avpoid-
ing undue restriction of production (except as mnay be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by ~et~red ucing
and relieving unemployment, by improving standards of lbr n
by otherwise rehabilitating industry.
(b) Said Indulstry normallly employs not more than 50,000 employ-
ees; and is not cllassified by me as a. major industry.
(c) The Code as atpproved complies in all respects with the pertinent
provisions of said Title of said Act, including without limitation Sub-
section (a) of Sect ion 3, Subsection (a) of Sect~ion 7, and Subsection (b)
of. Section 10O thereof; and that. the applicant group is an industrial
group truly represe~ntative of t~he aforesaid Industry; and that said
group imposes no inequi table r~estrictions on admission to membership
(d) The Code is not designed to and wrill not permit monopolies or
(e) The Code is not. designed to and will not eliminate or oppress
small etnterpri'ss and will not. operate t~o discriminate against, them.
(f) Those engaged in other steps of the economic process have not
been deprivecd of the right to be heard prior t~o approval of said Code.
For these reasons, therefore, I have approved this Code, subject to
the followcing conditions that the continued participation of the Asso-
Ciationl of ManulfacturersS of C7hilled Car Wheels in the Code Authority,
after thirty datys from the effective date of this Code, shall be con-
tingent upon. its amending its constitution and by-law~s t~o the sattis-
faction of the Administrator.
R esp~e t fullyr,
HowH S. JOHNSON,
FEBRUtARY 17, '193-1.
CODE OF FAIR CO1\lPETITION FOR THE CH-ILLED CAR
To effect. tbo policies of Tit~le I of t~he National Industr~ial Recovery
Act, the following provisions are established as a Code of Fair Compe-
tition for the Chilled Car Wh~eel Industry,. and shall be the standards
of fair competition for such Indlustry and. shall be hinding upon every
The term "I~ndustr!"' as used herein m~eanis and includes thle mnanu-
facture and sale of chilled car wheels for Railroad and Street Railway
service or either of them and such related branches or subdivisions
thereof as may from timec to tim~e be included under the provisions of
this Code by the President. after such notice and hearing as he mYay
p resc r~ibe.
The terml memberr of the Industry mleans and includes any indi-
vidual, partnership, association, corporation, or other form of enter-
prise engaged in the Industry, either on his or its owrn behalf.
Thle termi "~employee as usedl herein means and includes any and~c all
persons engaged in the Industry, however compensated, except a
member of t~he Indu~stry.
The terml "emnployer "' as used herein includes anyone by w~homn any
such "'employee"' is com pensait ed or employed.
The terms11 "Act",l and "A,-dministrator" as used herein shall mean
respectively Tit~le I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
SECTION 1. Aft.Einmum~ houlrs.-No employee shall be permitted to
work in excess of forty (40) hours in any one week except. as hereinafter
provided. A normal working day shall be eight (8) hours.
SECTION 2. Erceptions as to Hour~s.--
(a) The mnaximium hours fixed in Section I above shall not apply for
six' (6) weeks in any twecnty-six (26) w~eekcs' period beginning January
first and July first of each year, during wvhichi overtime shall not exceed
eight (8) hours in any one week(. In any such case, at least one and
one-half times the normal rate shall be paid for htours worked in excess
of eight (8) hours in any tw~enty-fouir (24) hours period, or in excess of
forty (40) hours in any seven (7) dlay period.
(b) The provisions of this Article shall not apply to traveling
salesmnen, traveling inspectors, or to persons employed in an execu-
tive, a managerial, or supervisory capacity or in experimental work,
who earn not less than at, th~e rate of thirty-five dolinrs (835.00) per
(c) Watchmen shall not be employed inl excess of fifty-six (56)
hours in any one week.
(d) Power plant employees shall not be employed in excess of
forty-five (45) hours in any one week, or mine (9) hours in any one
(e) Infrequent delays in foundry operations are caused by power
failures, breakdowns or furnace run-outs and in order to protect life
and property, the molten metal must be taken care of, and in such
cases the maimsnumn hours mlay be extended but not to exceed the
time necessary to tanke care of the product mn process for that day.
(f) All empl oyees shall have one dlay of rest in seven (7i).
SEC'TION 3. Empl~loymentI by Sel'eral Emlployers.--No employer shall
knowingly pernut any employee t.o work for any t~ime which, when
totauled wit~h that. already performed with another employer, or em-
ployers, exceeds the miaximum permitted herein.
SECTION I. JAlidTrlUm Tifage.--No employee shall be paid less than
forty (40) cents per hour, except as herein otherwise provided.
(a) NJo employee shall be paid less than 32 cents per hour in the
following states: North Carolina, Soutlh Carolina, Georgia, Alabama,
1\lississippi, Louisiana, V'irginia, Tennessee, andl Texas.
(b) No person employ-ed in clerical or office work (not including
office boys and airls) shall be paid less than at th~e rate of $15.00 per
week, pl'ovided that. office boys a~nd girls shall be paid not less than
80%o of such m~iinimum wage, and shall not number more than 3%1 of
the total number of emlployees of any employer.
SECTION 2. Alljt-num31 Wa'Cge RateCs by OIcculpation1.-Within sixty (60)
days from the effectivee date, each employer shall make or shall have
made since June 16, 1933, such adjust men t of ra tes of pay of employees
receiving more tha~n t~he minimum rates of pay provided in this Article
as will mi~nainta an equitable differential in rate schedules of such
occupations and within ninety (90) days after the effective date
thereof, the Code Authority shall report to the Administ~rator the
action taken by all members of the Industry since the effective date
in mak~ling such adjustment.
SECTION 3 ifetW IORl Com peirRa jGOTI--38T im u11 r i ages.--This
Article establishes a miiinimum rate of pay which shall apply, irre-
spectivec of whether an employee is actually compensated on a
timle-rate, piece-work, or other basis.
SECTION 4. Eras8;ion Throulgh Reemnploymneri.--No employee now
employed at a rat~e in excess of t~he rmnimum shall be discharged and
re-employed at a lowe~r rate for the purpose of evadmng the provisions
of thiis C'ode.
ARnTICLE Y1-GENERAL L.
years of ager shall be employed in the Industry. No person under
eighteen (18) years of age shalll be employed in production operations
including the mannufacture and hanndling of the product. In any State
an employer sha~ll be deemerd to have complied wit~h this provision as
to nage if he shall have on file a cert.ificat.e or permit duly issued by the
Authority in such Stat~e empowecred to issue employment or age cer-
tificates or permits showing that the employee is of the required age.
SECTION 2. Prools~ions ~from thre Act.----n compliance w-it~h Section
7 (a) of the Act, it is providled:
(a) That employ-eesi shall have the right to organize and bargain
collectively, through representatives of their owsn choosing, and s~halll
be free fromt th~e interference, restraint, or coercion of emnployers of
labor, or their agents, mn the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aidl or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or ton refrain from jiningt orga nizinig, or assist ing a labFor organization
of his own choosing, and
(c) That employers shall comlply withl the iaximnun m hours of
labor, minimum rates of pay, andi other conlditionss of emnploymnent
approved or prescribed by t~he President.
Sec~rlow 3. ReClassP~ication1 of' Em'l~ploy(ees.-N~o emlployer shall re-
classify employees or duties of occupations performed,, or engage in
any other subterfuge for the purpose of defeating the provisions of
t~he Act or of the C~ode.
SECTION 4. State La wsr.--No pr~ovisions in this Code shall suipersede
a.ny St t~e or Federat~l la~~ w which imposes mor~e st uingen t reqjuiremlents
on employers as to age of emlployrees, wages andC iour.s of wrorkl than
are imiposedl by this C~ode.
SECTIow 5. PostingS.-All emrployers shall post complete copies of
this Code in conspicuous places accessible to all employees.
AnnIcue V-I ORG;ANIZAT~ION OF THEI INDU'STRYI
SECTION 1. 1Aftelllgs of Alanmbers of the Indastr~y.-MletinIgs of
members of the Industry may be enlled and hield at any time up~on
ten days' not~icet given by the Chairmanl of the Code Authoriity to the
members of the IndustryS which notice shall state the time and place
of such meetings.
SECITION 2. M2emrber's of the Iidurstry Enttledl t? Ylot.--Ench m~embler
of the Indlustry who has assented t~o the provisions of this Coc-de and
has agreed to pay his pro rasta pr~opor~tio n of expenses of the aidmiinis-
tration of thle Code shall be termed liqualified mnember of the In-
dustry and only such member shall be entitled t.or participate in
the selection of the members of t.he Code Aluthori'ly.
ARTICLE V'II-ORGA.NIZ NATION, FOW.ERS A~ND DU~TIESl OF THE CIODE1
SECTION 1. Organization1.--Ther~e shall foril\thit h e constituted a
Code Authority consisting of five (5) memibe~s of the Indlustry to be
selected as hereinafter provided. In addition thereto there mlay be
fromt I to 3 muemlbers without vote, to be appointed by the Aldminis-
t~rator, whose terms of office shall be so arranged that they do not
expire at the same time and who shall be givecn notice of all meetings
of the Code Authority.
The members of the C'ode Authiority shall be selected as follows:
Four of the mcmber~s shall be elected at a mieet~ing of the members
of t~he Industryv called for t~hat pur~pose. Thie fifthl member shall be
the President of the Association of Marnufacturerss of Chilled Car
Each member of the Industry who is qualified to vote as herein-
before provided shall have the right to vote mn person or by his duly
authorized proxy for the Indust~ry members of the Code Authority.
Election shall be by signed ballot and each qualified member of
the Industry, so present or represented, shall be! entitled to one
vrote for each member to be elected. An Industry member of the
Code Authority shall be declared elected when he shall have received
a mlajorityj vote, provided that such majority vote shall be votes of
members of the Indulst.ry wrho collectively shall have shipped at
least %5 of the nu~mber of C~hilled Calr Wtheels for Railroad and Street
Railway Service during the preceding calendar yea~r.
Each Industry member of t~he Code Authority shall be elected for
a period of one year from t~he second Tuesday in October of each year
and shall servpe'unt~il his successor is elected and qualified. The four
(4) members of the Code C'ommittee elected at a meeting of the
members of the Industry on August 15, 1933 and the President of
the Aissociation of manufacturers of Chilled Car W~heels at that date
shall constitute the five (5j) members of the Code Authority until
their successors ar~e elected.
Any vacancy in the Code Authority shall be filled by majority
vote of the m~ember~s of the Code Authority at a mieetmng regularly
called, and the member so chosen to fill such vacancy shall hold office
until the next meeting of the miembers of the Industry.
Meetings of the Code Authority shall be held at such; time and place
as may be designated by the Clhairman upon five (5) days' written
TPhe Secretary of the Code Au~thority shall keep all records under
the Code, and, except as such Code Authorityg shall otherwlise provide,
shall collect, file and collate all1 statistics and other information
required by the Code Aut~hority for the proper administration of
SEc. 2. Nothing contained in this C7ode shall constitute the
members of the Code Author~ity partners for any purpose.
ARTICLE Ill-ADMlINISTRATION OF CODE
SECTION 1. The Code Authlority shall have all the powers and
duties conferred upon it. as shll~l be necessary or proper t~o enable it
fully to administer t~he Code and to effectuate its purpose, subject to
comnpliarnce rules andi regulations established by thle Admzinistrator,
(a) F~or the purpose of keceping the President informed as to the
observance or non-observalnce of this Code, and as to, whether the
Industry is taking appropriate steps to effectulate in all respects the
declared poilicy of the National Industrial Recovery Act, require
from any member of thle Industry, in the event, of complaint, duly
certified reports in sutch form as ma.y hereafter *be required by the
Gove~rnmlent or any branch or bureau thereof, provided, however,
that nothing contained in this Code shall relieve members of t~he
Industry fromi furnishing statistics and data required by other Govern-
t see paragraph 2 of orderr 3pprov'ing thisj Code.
(b) Reqluire such reports through its Secret.ary from members of
the Industry pertaining to the provisions of the Code as in its judgment
may be necessary to advise it adequately for thle admiinistration and
enforcement. of thec provisions of this Code.
(c) Upon complaint of interested parties or upon its owrn initiative,
make such inquiry and investigation into the operation of this Code
as may be necessary and promptly report to the Admiinistrator the
nature of such inquiries and results of the investigations.
(d) Ralake rules and regullations necessary for the administration
and enforcement of the Code.
(e) All informatt~bn ik frnished to t~he Secret~ary of the C'ode Aul~thority
by anyv member of t~he Industry, pursuant to the administration of
this Code shall be dteemed confidential and shall not be disclosed to
any member of the Indurstry in other than comnposite form, unless
disclosure in detail shall be deemed to be necessary in the admiinistra-
tion of this Codle.
SECTION 2. The expense of admiinistering the C'ode shall be
assessed and collected by the Codle A~uthority. The assessments for
such expenses shall be made pro ratsa upon the mlemlbers of the
Industry assenting t~o this Code in proportion to the number of chilled
car wheels for railroad and street railw~ay service shipped by them
during the preceding calendar year, and each such member shall be
liable for his pro ratai proportion of such asssessmnents.
SECTION 3. Rev~iewI of Acts of Code~ Aiuthcr~itie;.- 1f thle Adnlimis-
trator shall determiine that any action of a code authority or any
agency thereof is unlfair or unjust or contrary t~o thle public interest,
the Admlinistrator mafy require that. such action be suispended for a
period of not to exceed thirty days to afford an opp~ortulnityv for
invest~igazt.ion of t~he merits of such action and further consideration
by such code aut~horityv or a~genlcy pending final action, which shall
be t.elken only upon approval by the A'dministlrator.
AaTICLE IX-\IONUOPOLIES, ETC.
No provision of this Code shall. be so applied as to permit mlonop-
olies or monopolistic praccticees, or to eliminate, oppress, or dis-
enmmiat~e against small enterprises.
rlRTICLE X-LINAIR PRACTICE
V'iolattion of any of the provisions of this Code, or amendments
thereto or of any rulles and :regoulations established thereunder is an
unfair practice and shall be subject to the penalties provided in the
National Industrial Recoveryv Act.. The Code Authority shall
recommend to the A~dminist~trato any fair trade practices it mlay deem
necessaryi to govern members of the Industry in their r~ellt~ions with
each other or other industries.
IlRTICLE YI-AME~~r~ NDMENTS
The Code may be amiended at, any time in the manner hlereinnft~er
provided. All amendmlents shall be proposed by mlembers~ of the
Industry or the Code Author~ity to t~he members of thte Industry, and
each amendment so proposed shall be submitted for approval to a
meeting of the members of the Industry, especially called for tlhat
UrlIVERSITY OF FLORIDA
lI illll I IIl Ililllllillllll llll illllllillll I
138 3 1262 08855 6666
purpose upon ten (10) datys' notice; and a majority vote of the quali-
fied members of th~e Indust~ry present at the meeting in favor of the
amendment shall be final provided the votes cast in favor of the
amendment represent the vot.e of the members of the Industry who
shipped at least one-third of the number of chilled ca.r wheels for rail-
road and street railwayL service during t~he preceding calendar year;
such amlendmlent wh~en approved shall be submitted by the Code
AulthorityT to the Administrator for his approval, and if approved by i
the Aidminist.rat~or shall become effective ten (10) days thereafter.
ARTICLE siIICANCELLATION OH RTODIFICATION
Pursuant to subsection (b) of Section 10 of Title I of the Act, the
~President m~ay fromt time to time cancel or modify any order, approval,
license, rule or regulation issued under Title I of said Act.
This Code shall. termlinat~e June 16, 1935, or th~e earliest date prior
thereto on which the Presiden t shall, by proclama tion, or the Congress
shall, by joint resolution, declare t~hat t~he emergency recognized by
Title I of the National Indulstrial Recovery Act, has ended.
ARTICLE XIVr-EFFECTIVE DATE
This Code shall become effective on t.he second M~onday after its
approval by the President.
Approved Code No. 292.
Registry No. 141.4--01.