Code of fair competition for the cinders, ashes, and scavenger trade as approved on December 30, 1933 by President Roosevelt


Material Information

Code of fair competition for the cinders, ashes, and scavenger trade as approved on December 30, 1933 by President Roosevelt
Portion of title:
Cinders, ashes, and scavenger trade
Physical Description:
p. 569-578 : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Refuse and refuse disposal -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1632-26."
General Note:
"Approved Code No. 191."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950964
oclc - 656803245
System ID:

Full Text

3. verum I C'Rll. Exe utive Order
2. Letter of Transmittal
3. Code


Per sale by the Baperintendent of Documents. WashingtonD.C=. - Price 5 cente

Registry No. 1632--26

Approved Code No. 191







Tihis publication is for sale by the Superintendlent of Documents, Government
Printing Offtice, Washington, D.O., and by district otices of the Bureau of Foreign
and Domestic Commerce.

Atlanta, Ga.: 504 Post Office Building.
Birmingha~m, Ala1.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North wYells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.; Chamzber of Commerce Building.
Detroit, M~ich.: 2213 First National Bankr Building.
Houston, Tex.: Chamber of Commer~ce Building.
Indlianapolis, Ind.: Chamber of Commerce ]Building.
Jacksonville, Fla.-: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1168 So~uth Broadwva
Louisville, Ky.: 408 Federal Building.
Mlemphis, Tenn.: 229 Federa:l Building.
M~innleapolis, Minmn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
Newv Yorkr, N.Y.: 7T34 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Phailadelp~hia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombhouse.
Seattle, Wash. : 809 Federal Building.

Approved Code No. 191



Arls Approved on December 30, 1933

Executive Order

An application having been duly madlie pur~suant to and in fuill
compliance with the provisions of Tiitle I of the National I~ndustria;ll
Recovery Act, approved Jun 16i, 1933, for my approval of a Codle
of Fiair Comp~etition for the Cindiers, Ashes, and Scavengrer TIradle,
and hearings having been held thereon and the AdZministrantor hav-
ing renderedl his report containing an analysis of the said Codle of
Fair Competition together with ~is recommendations and find~ingrs
with respect thereto, and the Administrator having found that th~e
said Code of Fair Competition complies in all r~espects with the
pertinent provisions of Ttle I: of said Ac and that the requireme~nts
of clauses (1) and (2) of subsection (a) of Sect~ionL 3 of the said
Act have been mnet:
NOW. THEREFORE, I, Fr~anklin D. Roosevelt, Presidlent of the
United States, p~u~rsuant to ~th authority vested in me by Title I of
the NSational Indtustrial R~cov-ery Act, approved JTune 16~, 1L933, and
otherw~ise, do ad~opt and appove the report, recomlmendatioons an~d
findings of the Admiiinistrator andl do order that the saidl Codle of
Fair C'ompetition be and it is hereby approved.
Approvanl recommended :
A~dmrin is t 'ra o r
Dcemlrber JO, 10JJ).



DECEMB~ER 22, 1933.
The WhV~ite Hlouse.
SIR : T~he H-earing on the Code of Fair Competition for the Cin-
ders, Ashes, and Scavenger Trade was held in the Raleigh ]Hotel,
Washington, D.C., on December 6, 1933. The Code which is at-
tachedl was pr~esentedc~ by duly qualified and auth~orized r~epr~esenta-
tivecs of the trade, comnplying with. statutory requirements, said to
r~epres~ent over 60r0 in number and volume of the trade.
In. ac~cordanllce with. the customary procedure, everyone present who
hlad filed a request for an appearance was freely heard in public, and
all statutory and regulatory requirements were complied with.
The provisions of this Code have been approved by the Con-
sumllers-' Advisory Board, the Industrial Advisory Board, the e
search and Planning Division, and thie Legal Division; -and by the
Labor Advisory Board, with the single exception that they feel their
Board should be granted specific represec~tntati on,1 on the Code

Manyl States and municipalities have statutes and regulations
governing the services rendered by this trade, in the interest of
public health. M~ost municipalities provide some of the services
throughS 1 municipal operations, particularly the removal of ash~les and
The trade comprises about 2,000 c~on~erns,~ having an investment in
19353 of $6,000,000. In 1928 rand 1929 the trade provided employ-
ment for 115,000 full-time workerlcs. This figure has declined to about
12,500 full- and part-time workers in 1933. The ag~gregate annual
dollar volume hazs decreased from $25,000,000 in '1929 to an est imatedl
$17,5i00,000 in 1933.
While in some sections of the country, where the trade has been
well orgafnizedl, wages have been maintained at the 1_020) rate, in other
secrtiorns price warns have driven w;lates down to as low as 10 cents per
hour. TLhe walges provided in this C'ode, a7ccordcing to testimony,
w~ill result in. substantially increased in purchasing power for a con-
siderable portion of the employees engaged in the trade.
Hours of work have ranged from. 54 to 63 hours per w~eek; in most
cases! and a great many more in some instances. The shorter hours
provid~ed in this Code, it is estima~ted~ by th~e trade, will result in
retemll'oyment for about 3,000 workers.

The Codle provides minimum wage rates of 40$ per hour in cities
of over 50,000 population; 35 cents per hour in cities beftween 2,500


and 50,000 in population; and 30 cents per hour in townsIl less thaun
Hours of w-ork are limited to 48 hours~ in any15 one weekct a~nd 8 hours
mn any 24-hour period, wsith the follow~ing~ ecpcticons: empn~loy~ees on
emergency maintenance or lemergen~cy rpircn~ work involving break-
d2owns or protection of life or property; persons relgulalrly emplloyed
in clerical or allice workc whlo receive mnore thanl $35r p~er wekcl; watch-
mnen, who are permitted to work 54 hlours perl week~l. Any empllloyee
w-orking in excess of the maximum hours pr1ovided~t shall be paid
time an~d a half for ovcr~t~ime. Office or clerrical emlployeet s recceiving
$35i or less pIei- week shall not be permnittedl to work in exscess; of 40
hours in any on~e week. No employee shall be permlittedl to wor~k
mnore than, six days in any seven-day per~iod. 1Provilsion~ is mlad~e for
the maintenance of differentials betw-een wa~ges abojve thec minimnum.
Representation on. the Code Authority is provided for all membler~s
of the trade.
Trade practice. provisions have been iic~or~porated to eliminate
unfair practices which have developed in the trade to the de~trim~enlt
of all interests.
I find:
(a) This Codet complies in all respects with the p~ertinenlt provi-
sions of Title I of the N~ational Indurstrial Recovery Act, inlcludcinlg
without limitation, subsection (a) of section "7 and subsection (b)
of section 10 thereof, an~d further provides for the r~eporting of any
pertinent statistical information desired by the Admimlstration.
(b) Thle American Institute of Sanitation Services to be truly
representative of th~e Cinders, Atshes, and Scavenger Trade. The
By-Laws of this association provide no inequitable restrictions to
mem be rsh ip.
(c) The Code is not. designed to promote monopolies or to elimi-
nate or oppr~ess small enterprises and will nrot operate to discriminlate
against them, and will tend to effectuate the policy of Title I of the
National Industrial RIecovery Act.
(d) Trade practices hlave the support of the majority of the
industry andl shouldl increase the uniformity of practice.
Accordingly, I recommend that the Code be approved.




To e~ffecctua:te the policies of Title I of the NIational Industrial
Recovery Act, the followiing provisions ar~e established as a, Code
of Fair Competition for ther Cinders, Ashes, and Scavenger Trad-e,
and shall be the standard of fair competition for such trade and
shall be binding up~on e-very member thereof.


1. The term Cindrers~, Ashles, and. Scavenger Trade ", as ulsed
herein, is decfinedl to mean:
(a) The removing andl disposing~ of ashles, cilders~, garbage, refuse,
buildlingS rubbish, andl offal.
(b) Thec installation, malinltenance, andl cleaning of cesspools;
cleaning of flooded cellars, swTamps, stananl~jt pools, and war~ste pools,
enusedi~'l by overflowving of cosspoorlrls; cleaningr of septic and fuel-oil
tanks, grncei t1~raps and garage~C separat1ors;; removal~~ of dead en creasses
for disposal without sale. Th~ese services shall be co~nsideredc a part
of the trade whlen petl'~,~lrform in localities where the scavenger is
ccnmmonly !Perfo~mingr suchl servicp.s.
(c) Street spr1iklilln g and flushing; snow removal; digging, fill-
i. radn'adlvln of pmises"n~~, limiting such dliggingl fill-
ing, grrading, andIC leve~ling~ to such operations ais will dlistinguish the
Trade fromt that of thle Excavat~!ingL Contractor.
.2. The term employee ", as used herein, includes anyone ~Iengaged
in the Trade in any capacity receiving compensation for his services,
irrespective of the nature or method of pamenllt, of such comnpensa-
tion .
3. The term1 employer ", as Ilea~l herein, incrludesc anyone by wh-om
such employee is com~pensa~ted or employed.
4. Thl~e term member of the Tade 1(F:", as used herein, includes any
individual, par!tnership,~, association, corporation, or othler entity,
engagedr!~ in the Tra~de, as above defined, either as an employer or on
his or its own behalf.
5. The terms '" Presidlent ", "A~ct ", and "Administrator ", as used
herein, shall mean, Ircl'pctivel~y, the President of the U~nited States,
Title I of th1e National1 Industrial Rcov\ery3 Atlct, and the Adminis-
trator for industrial Ircov,\eryS.



6. Population fo the purposes of this Code shall be determinedr by
reference to the 1930 Fedleral Census.
7. The term '" watc~hman ", as used~ herein, includelrs onsly employees
whose sole function is watching.
8. The term7 Institute ?', as used her~eini, mcnis the Amer~ican
Institute of Sanitation Ser~vices.


1. No employee shIall be permitted to work F:in excess of 48 hous
in any one week or 8 hours in any twe~ntyi- four (24) hour period,
except as herein otherwise provided. A normal workday13 shall nrot
exceed 8 hours. AJny employee w-orking~ in excess of the mnaximuml
hours herein prov~ided perI dany shall be paid one and one half (11/2)
tune for overtime.
2. The ma ximum hours fixed i~n the for~egoingr Sectioni shkall ntot
apply to:r
(a) Persons regulalrly employed in, clerical or office wFor~k who
receive more than $35 per weekL. Such emp[loyees receiving $35
or les per week shall no be permnitedl to workl inl exces of 40O hours
in any one: weekr or 8 hours in any 91-h~our period.
(b) Persons emnployedl as wvatchmen. Such emnployees shllll not
be permitted to wor~k in excess of 54 hours in any one weekr.
(c) Employees on. emergency mzaintenanice or emergency r~epair
work, involvinga break~downs or protection of life. or p~roperit~y, but
in any such special case at, least one and one half timles the normal
rate shall be paid for hours wored in excess orf the mzaximlum hours
herein provided.
3. Nhro employee shall be permnittedl to work more thanl six dayps in
alny seven-dlay period.
4. Nco employer shall knowvingly engage nyemployiee for any timne
which when totaled with that already performledi with another em-
ployer or employers exceeds the maximum permitted herein.
5. A~ny emnploy~er who does the w~ork of an employees shazll be~ sub-
ject to the provisions of this Code as to hours of labor.

1. No employee shall be paid at less than the followfingr wage rates:
(a) Forty (40) cents per hourr in any cityT of over 50,000 po~pula-
tion, or in the immediate trade area of such City.,
(b) Thirty-five (35) cents per hour in any city of between 2,500
and 50.000 population, or inr the immedliate trade area of~ such city.
(c) Thirty (30) cents per hour in any town or place of les tha~rn
2,500 population.
2. Thisc Article establishes a minimum ratc o-F pay, reg~ardlless of
whether an employece is compensated on a timie-rate. pieceworkr, or
other b~asis.
3. Femanle emplloyees perform~ing substantially the samet wvork as
male employees shall receive the samne rates of p~ay as male emnployees.
4. The wage rates for occupations other than those receivingr the
miinimum w~ages herein prescribed shanll at least maintain the differ-
ence in earningr for those occupations forl a fuill-time weekcl existing


onl Ma~rch 4, 1933, provided, however, that these rantes shall be subject
to reConsl.~ ideratLifon and. adjustment byr the Administrator. No em-
ployer shall reduce the weekly compensation. for employment now in
excess of the mnlinimum wages prescr;~ibedic herein, notwithstanding
that the hours wach'IedI inl aLch employment may hereby be reduced.
5. An employer shall makse payments of all wngnes due only in
lawful currency or by negotiable check thierefor payable on demand.
Wages shall be paid at least semimnonthly. Th'lese wages shall be
exempt from any payments for pensiions, insurance~, or sick benefits,
other than those voluntarily paid by the wage earners or required
by law.

1. No person under 16 years of age shall be employed in the~ trade,
nor anyone under 18 years of age at operations or occupations
hazardous in nsature or detrimental to health. The Code Atuthority
shall submit to the Administrator before February 1, 1934, a list of
such operations or occupations. In any State an employer shall be
deemledl to have complied with this provision if he shall have on file
a certificate or permit duly issued by the authority- in. such. State em-
poweret d to issue employment or age certificates or permits, showing
the employee is of the required age.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of la-
bor, or their agents, in the designa~:tion of such representatives or in
self-organization or in other concerted activities f~or the purpose of
collective bargaining or other nualtua~l aid or protection.
3. No employee and no one seeking employment shall be required
as a. condition of employment to jomn any company umion or to re-
frain from 30mmig, orgamizmg, or assistmng a, labor organization of
his own choosing.
4. Employers shall comply with the maxrimum hours of labor,
minimum rates of payr, and other conditions of employment approved
or prescribed b~y the President.
5. WNithin each State this Code shall not supersede any laws of
such State imposing more stringent requiremnen ts on employers regu-
lating the age of empllloyees, wages, hours of work, or health, fire,
or general wFPorking conditions than under this Code.
6. ~Every employer shall make reasonable provisions for the safety
and health of his employees at the place and during the hours of
their employment. This provision shall not relieve any employer
of complying with all Fedlerazl and State laws, and munilcipal ordi-
nances and regulatioons of safety and health. Sta ndards for safety
and health shall be subm~nitted by the Code Authority to the Admin-
istrator for approval within six months after the effective date of
this Code.
7. Employers shall not r~ec~lassify employees or duties of occupa-
tions performed by employees so as to defeat the purpose of the
A5ct and of this Code.


8. Postinmg.--(a) ~Each employer shall p~ost in a conspicuous place
of easy and continuous access to employees the articles dealing with
hours, wages, andi general labor provisions o~f this Codle.
(b) All changes mn the provisions oIf thlese aforresaid articles shall
be posted within one week after suchi changes have been incorporated
in the Code.
9. Employers shall not engage part-timne emnployees for a period
ofE less than four (4E) consecutive hours at any one tilme or in. anly
one dlay.
-10. M~ember~s of' th-e Trade shall employ only subcontractors or
other agencies requliringv the services of labore~s. or mechanics on the
site of thre workr as w~ill pay wages not les thanr thze minimum rates
of wage established in Alrticle IV of this Code.

1. To furth-er effectuate -the policies of the Act, a Code Authority
is hereby constituted to cooperate with thetr Admlinistrator in the
administration of this Code.
2. The organization and constitution of thLe Codle Auithority shall
be as follows:
-(a) The Code Aiuthority shall co~nsist of :from fivet (5) to seven
(7) individuals to be~ selected as hereinafter set forth to represents
the Trade, and the Administrator, in his discretion, layy appoint
not; more tha three additional memberss withoutt vote and without
expense to the Tr~ade) to represent. such groups or gov-ernmental
agencies as he may designate; such members, if and w~hen a ppointedl,
shall be knon as "A11dministra~tion members' of the Cinders, Ashes,
andt Scavenger TCradc'e Code ~Authority.'"
(b) The members of the Code AuLlth7orityT retpresenlting the Tradc~e
shall be selected in the following mannner:
(1) F~ive? (5) mnemrbers of the trade shall be ap~pointed' b~y the
Board of Directors of the Amnerican Institute of ,Sanitat ion Servilces.
(2) Two (2) members of the t~rade, wh~o may or mayS not be mem!l-
bers of th American. Institute of Sanitation Services, mray be~
appointed by thle Administrator.
3)The five (5) individuals mentioned~ in paragrap 1 fti
subsection (b) shall be? appointed on or before th~e effective da~te of
this Code, and shllo h~oldl office for termls of one year each andl until
their successors are~ appoiitedl. Appointments of sulccessolrs (which
may include r~eappointmnents of origi=nal members) shall be mladle,
andi vacancies for unexpired terms shanll be filled in the haome mannner
and~ byt thle sFamle afenlcles as the original aIppointments.
3. Tihe Institute or any Association directly or ind~irectly partici-
pating in the selection or activities of thle Codle Authority shall: (1)
impose no inequitable restrictions on membership, andl (2) submit
to the Admninistra~tor true copies of its articles of association, bylawvs,
regulations, and any amendments when mnade thereto, together within
such other information as to membership, organization, and act-ivi-
ties as the Administrator may' dceem necessary to effectuate the pur-
poses of the Act.
4. In order that the Code Auth~ority shatll at all times be truly
representative of the trade and in other respects comlpl~y with thle pro-


visions of thle Act, the Administrator mnay provide such hearings as
he may dleemI prlopecr; and ther~eafter if hne shall find that the Code
Authority is not truly retpr~e.ntaltive, or does not in other respects
comply with the provisions of the Act, may require an appropriate
mnodificationr in the mrleth~od of selection of the Code Authority.
5. The Code Authority shall have the following duties and pow-
ers to the extent. permnittedt byr the APct, subject to the right of the
Administrator on review to disapprove anyT action. taken by the Code
(a) The Cod~e Authority may establish divisions o~f the trade and
shall dlesigrnate sub-Code Authorities to assist in the administration
of this Code in each division. The Code A-uthorityT may delegate
to said sub-Code Authlorities any of its power and authority for the
administration o~f this Code within the various divisions.
(b) Maftters' affelc~ting~ more than one division shall be submitted
to the Code Authority.
(c) The Code A19uthority may recommend to thre Administrator
fair trade practice provisions to govern members of the trade in their
relations with each other or with other trades and may recommend
to the Admini~strator measures for industrial planning including
stabiliz ation of em lo~~~yment.
(d) Sub Code Authorities shall formulate uniform rules and
regulations governing terms of sale and collection of accounts within
their respective divisions. Such. rules and regulations go~vernmg
terms of sale and collections of accounts shall be filed with the Code
Authrityandl shall be subject to the approval of the Administrator.
(e)TheCode Aluthority shall obtain from employers such, reports
in respect to business, wagrec;, hours of labor, etc., as the Adminis-
trator may require.
6.~ In addition, to the information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Adlminlistrator may deem neces-
sary for the purposes recited in Section 3 (a) of thze ~Act.
7. Members of the trade shall be entitled to participate in and
share the benefits of the activities of thne Code Authority and to
participate in the selection of the rnlemlbers~ thereof by assenting to
and complying with, the requirements of this. Code and sulstaimng
their reasonable share of the exp~enses of its administration. Thne
reasonable share of the expenses of administration shall be deter-
mined byT the Code Authoritly, subject to review by the Adminis-
trator, on the basis of volume of business and/or such other factors
as mnay be dl~-~eeme equitable to be taken into consideration.

The followcPing practices conlstitute unfair methods of competition
and are prohibited:
1. The failure to adhere to such terms~ of sales and e~nforee col-
lections th~ereundler, pursuant to Article VI, Sectionl 5, subsection
2. The making or causing, or knowingly perm'itt-ingr to be made or
published, any false, materially inaccurante or deceptive statement


byway' of advertisemnent or otherw~ise, whether concerning thec class
ofservice, kind of workl of the trade~l, or credit termsu, or o.therw~ise,
having the tendlency or capacity to miisleadl or deceive customers or
prospective customers.
3. No member of thie indulrstryv shall give, permllit to be given, or
directly offer to give anything o~f value for the purpose of Influenc-
ingi or rewanrdilg the action o-f any employee, agenlt, or reprel~sen~ta-
tive of another in1 relation to the business of the emp~loycr of suchn
employee, the principal of such agent, or the recpres~ented party,
without the knowsledge of such employer, principal, or party. Com-
mercal ribey povision~s shall nlot be construed to prohibit free
and gene~lircal dristributioni of articles comimo nly uised for adlve~t ising,
except so fa r as such a articles are actually used' f~or commercial bribery
as hereinabove defied.
4. 1Wanliciously indlucinlg or attempting: to induce thle breach of an
existing oral or written contract between a comnpetitor and his cus-
tomner, or inter~fer~ing with or obstructingT the performance of any
suchi contractual duties or services.
5. The secrect paymenlnt or allowancec of r~ebate~s, refunds.i, commis-
sions, credits, or ulnnarnled discounts, whfether in the forml of money
or otherwise, or the secret extension to certain purchasers of special
services or pr1ivileges not extended to all purchasers on lik~e terms a7nd
6. The defamantion of coimpetitors by falsely imputing to themii dis-
honorable conduct, inability to perform contra ct s, q~uesonable credit
stannding, or by other false r~epr~esnta~tions or by7 thre false disparage-
ment of the grade or quality of their service.
$. Seculrilgr confidenti al information conlcerning the business of a
competitor by a false or mislendling statement or re~presntaltion, by
a false impler~so-nation o~f onle in authority, by bribery, or by anly other
unfair method.
8. Manliciousaly enticingr away! the emnploylees of competitors with
the pur'pose and effect. of hampering, injurilng, or embarrassing
comp'etitors in their business. This provision shanll nlot be interprleted
as p~reventing anyl mpnloyee,- actingr in goodl faith, aCCepting~r emlploy-
ment with another em~ploer.

1. Th~is Codle and all1 the pr~ovisions thereof ar1e exprescsl y ma~de
suibject to the right of the Pre~sident, in accordance wci~th thle prorvi-
.sions o-f subsection (b) of SCection 10 of TCitle I of the N~ational
Indiustr~ial Recov-ery? Act, from time to time to cancel or mnodify any
order, approval, licenser, rule, or regulation issuedl undecr Title I o
said Act andt specifically but. without limitation, to the right of the
President to exicel or modlify his app~rova~l of this Code or any con-
ditions imposedl by himn upon his applroval thereoccf.
2. Thiis Codel, except as to poi"'ions'" requniredl by thle Act, many
be miodified on the basis of experience or change in circumstances,
such modification to be basedPt u1pon apl'icatio~n to the A~dminis--
trator andt suchi notice andir heaiiirin as he shall specifyl, and to
become effective on appr~ovfll of th~e P'residenit.


3 1262 08855 5478


No provision of this Code shall be so applied as to permit monopo-
lies or mnonop~olistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.


WC7hereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases should be delayed and that, when made, the same should,
so far as reasonably possible, be limited to actual increases in t~he
seller's cost.

This Code shall become effective on the second Mulondlay after it~s
approval by the President.
~Approved Code No. 191.
Registry No. 1632-26