Code of fair competition for the special tool, die, and machine shop industry as approved on November 17, 1933 by Presid...


Material Information

Code of fair competition for the special tool, die, and machine shop industry as approved on November 17, 1933 by President Roosevelt
Portion of title:
Special tool, die, and machine shop industry
Physical Description:
v, 6 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Tool and die industry -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


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Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1149-23."
General Note:
"Approved Code No. 122."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952769
oclc - 63655363
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Full Text

I 'I
For sale by the Superintendent of Documents, Washington, D).C. - Price 5 centa

Approved Code No. 122

Registry No. I149--23







1Executive Order
2. Letter of Transmittal
3. Code


This publication is for sale by the Superintencdent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.

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An application having been duly madle, pursuant to and in full
compliance wF1ithn the provisions of title I of the Nfational ICndustrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Special Tool, Die and Machine Shop
Industry, anid hearings having been held thereon andc the Adminis-
trat~or having rendered his report containingr an analysis of the
said code of fair competition together with his recommendations and
findingss wit respect thereto, and t~he A-dministrator having found
that the said code of fair competition complies in all respects with
the pertinent provisions of title I of said act and that the require-
ments of clauses (1) and (f2) of subsection (a) of section 3 of the
said act h~ave; been m~et:
NOW07 THEREFORE, I[, Franklin D. Roosevelt, Presid~ent of the
United States, pursuant to the authority vested in me by title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise,~ do adopt and approve the report and recommenda-
tions, anld findings of the Admmilstrator and do order that the said
code of fair competition be and it is hereby approved.
November 1i7, 1933.
Approval recommended:
Sc2tm inistrlator.

2 G1G'.'G-- 244-31 -- 33

NOVEMIBER 10, 1933.
The White HTiouse.
SIR: This is a report on thne Code of Fa~ir Com~petition for the
Special Tool, Die, and M~achine Shop Industry, held in WT7ashing-
ton on November 2, 1933, ini accordance with the provisions of the!
National Industrial 1Recovery Act.


Employees are limited to forty- (40) hours per week except during
Rpeakperodswhn~ itheyma work an average of forty-eight (48)
hour pe wek fr eght(8)weeks in, any six (6) months' period,
provided that no unemployed workers possessing the necessary skill
are available. Time and one half will be paid to employes work-
ing in excess-: of eight (8) hours per day, or forty-eight (48) hours
per week.
Thle above limlitatiolns do not apply to executives, managers or
sulperv\isors, receiving more than trir~ty-five ($35.00) dollars per
wIeekr, or to outside salesmen.
The minimum waghre for factory employees will be forty cents
(404) per hour. Superannruated or disabled employees will receive
not Jess than eigfhty- percent (80%0) of the minimum, and such super-
annuated employeesc and learners are not to eceedcct five percent
(5; ) of the average total number of employees. The wage differ-
entials in all classes will be equitably readjusltedc- and will not be
decreasedd. No distinction in. wage rates shall be made between male
and female emp-loy~ees.
A maximum average of forty (40) hours per w\eek; dul'irin any
five wReek period is provided for employees engaged in accounting,
~c'l'jrkll, service and sales work, and who rmay be employed not more
than forty-eight (48) hours per weekr during any orne week;. The
minimum w:eer will b~e not le~ss than fifteen ($15.00) dollars per
week, except that office boys and girls and me~ssengaers, to a total of
not more than five percent (5%r) of the total number of employees,
will receive not less than eighty percent (80%0) of this minimum

The minimum age will be isitee~n (16) years and no person under
eighteen (18) years of age will be emlployedc~ in any hazardous

BecaHuse of the very recent organization of this Industry into an
association neou~ral~ti and full statistics are riot yet available. The
Industry produces special tools for the production work of many

other industries, and depends uipon thie repllacemecnt of equipment
in these industries. H~igh and low speaks of employment exist to
meet sudden demands for tools.
Ap~proxuimately 11t,000 emplloyeecs werle engaged in the wvork of
the Indulstryr in 1990, but this numnber was redluced to about 4,7i00 in
1931. I~t is estimated thant approximatelyy 25 percent additional em-
ployees will be put to work by prospective new\ business and through
th(e operation o~f the schedule of hours provided~ in this code. Pay
rolls, for the! same reason, are expected to be increasedcr approximately
thirty-thiree (33) p~ercent.

Thle Admninistrator finds that---
(a) The Code as recommended complies inl all respects w~ith the
pertinent provisions of Title I of the Act, including without limnitat-
tion, sutbsection (a) of Section 7 and subsection (g) of Section 10
thereof ; and that
(b) Thle applicant group imposes no ineqluitable restrictions on
admission to membership therein and is truly representative of the
Special Tool, D~ie, and M~achine Shop Industry; and that
(c) Thle Code as recommended is not designed to promote monlop-
obies or to eliminate or oppress small enterprises and will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the Nationlal Indust rial Reovery Act.
It is r~ecommnenledl, thlerefor~e, that this Code be approved.
Hean S. Jo NSon,
Adnm inistractor.


To effectuate the policy of Title I: of the National Industr~ial Re-
covery Act during the period of the emergency by reducing and
relieving uinemploym~nt, improving the standards of labor, eliminat-
ing competitive practices dlestr~uctive to the interests of the public,
employees and employers, and otherwise rehabilitating the Special
Tool, Dtie, and Macthine Shop Industry, and by incrensingr the! con-
sulmption of industrial proluc~ts by Increasing pulrchasinglr power,
and in other respects the following provisions are established as a
Code of 1Fair Competition for the Special Tool, Die, and Mlach~ine
Shop Indrust~ry.

Thle term em~ploee as used here~in includes anygone, engagedl
in thet industry3 in any Ca~pac7ity receiving compensa.~tio~n for his
services. ir respective of the nature or methodi of payment of such
The term emp~loyer as us~ed herein includes anyone by whom
any such employee is compensated or employed.
'The tern industry as used herein. is defined- to include the
design, development, manufacture, repair,; and/or assembly for sale
of special tools, special dies, moulds, plressure moulds, special jigs,
special gauging fixtur~es, machinery of a special customl-built nature
not. now or hereafter regularly produced in, another product classifi-
caltion, and/or machinedl parts of like character.
The termn mlembler of the industry "" includes anyone in. the ind~us-
try~ as above definedl, either as an employer or on his own behalf.
The term "' member of thie code means any mlember of thie indus-
try who shall have become a member of the Code as hereinafter,
in Article VI, provided.
The term "L Institute as used herein means "' Th~e Speciial Tiool,
Die, and M~achine Shop1 Inlstitute t~", a national trade associationl.
The term "'Authorit "" as used herei means the code authority or
agency set urp pursulant, to th provisions of A~rticle VI herein.
The term "A~dministrator "' as used herein means the administrator
of Title I of the National Industrial Recovery Acl~t.
The term "'Act as used herein means thne National I~ndustrial
Recovery Act.
The term "' President ", as used herein, means the President of ther
United States.
The term learner ", as used herein, means an1 employee without
previous mechanical experience engaged to become competent on one
or more machine operations but who shall not be so classified after

ninety (90) days' experience in the industry irrespective of whether
they are or have been employed by one or more employers.
The term "' apprentice ", as used herein1, shall meanl a person, usu-
ally a minor, indentured to serve an employer for a specified term
of years in order to learn a trade, art, or profession.

1. N~o employee shall be permitted to work in excess of 40 hours
per week; provided, however, that during ainy period *in which a
conentra~tedi demand upon any division of the industry shall place
an unusual and temporary burden for production upon its facilities,
and no unemyployedl workers possessing the necessary skill to per-
form said production w~ork are available, an employee of such divi-
sion may be permitted to wvorks an average of not more than 48 hours
for not more than 8 weeks in any 6 mnonth~s' period, and provided fur-
ther that these limitations shall not apply to employees on emergency,
maintenance, or repair work, or to very special cases where restric-
tion of hours of highly skilled workers would unavoidably~ reduce or
delay production, or to employees engaged in. try-out, and/or installa-
tion workr where products of the industry must be tried out and/or
installed or demronstratedl in the user's plant.
2. Wh;ilere in anly case an employee, other than~ a salaried em-
ploy~ee, works in excess of 8 hours per dlay, or 48 hours per week, such
extrau time shall be compensated for at not less than one and one half
times the hourly rate of such employee, excepting, however~l, watchi-
men and firemen, who shall be exempt from the provisions of Section
I: of this Article, but w~cho shall not work in. excess of six days or
more than 56 hours in any one week.
3. Employees engaged in executive, mnanagrerial, or supervisory
capacities who earn not less than $35.00 per week, and outside sales-
maen, shall not be limited by any provision of this Article.
4. No one employed at manual labor, and no draftsman or de-
sigrner learning less than $35.00 per wveek, shall be deemed to be en-
egaged in an executive or managerial capacity, and excepted from the
maximum hours provided herein.
5. No employer shall knowingly engragre any empIloyee for any
time, which, when totaled with that azlready- performed with an-
other employer, or employers, exceeds the maximum permitted
6. Accounting, clerical, service, and delivery employees may be
employed, an average of 40 hours per week for any five weeks period
and not more than 48 hours in any one week.

1. The minimum rate that shall be parid~ to any employee in th~e
Industry shall not be less than forty (40#) cents per hour, excepting
superalnnuated or disabled employ-ell not employed on sk~illed opera-
tions and learners who shall receive not less than 80 percent of the
minimum, provided, however, that the total number of such learn-
er,s, sup~erannua~ted, or disabled empllloyees, employed by anly one
member of th-e Industr~y shall be restricted to five (5) percent of

the average totld numbller of hiis employee-cs o~peratin F uinder this
Code; pr~ovidel, hlowever, tha~t aIny membert~'l of thre Ins1:.stry mnay
employ at least two (2) suchl lea rners andt iiupelr nrnualtedl or dis-
abled employees.
'Z. Nothing in this Ar~ticle IV shlall apply to or atfecct aIny em-
ployree apprenticed to any emp~loyer by an indlentlre mnale inl pur-
suance of the law\s of any" state o~f thle U'nited~ States undiier anyg ap-
prentice evstemn established and ma~illntained by any ecmployer.el
3. Thle minimlum wage that shall be panid' to any! offlice or anyr other
emlployee nrot coveredl in Section 1 of this Article IVT shall not be
less than $15.00) per week.c except, thrat offce or errannd boys olr girls
or messengerrs, w~ho shall 'be limited in nulmb:er to 5 prc'ent of the
total number of office emlploye~es in any factory or planlt ma~y be paid
not less than 80 percent of thie minimum;; pr1ovid~ed, however, that
at least two (2) suchi office or errandl boys or gir~ls or messengers many
be employed in any factory or plant.
4. Eqluitable re'dljust~ment shall be made of all houlrlyJ wageC rates
above the minimum (unless such~ readjustrmets have been madr~e since
July L, 1933) and a report of all suchn readjustments shall be madre to
the Code Authority within thirty (30) days of the effective dalte of
this Code.
5. No distinction inr rates shall be made between male and1C female
employees where the same class of work is performed. regardless of
whether compensation is based' on a monthly, piecew-ork, or other

1. N peson nde 16year ofageshall be emp~loy'ed in the
Industry, nor anyone under 18 yearsofaetocutosorpr-
tions hazardous in, nature or detrimental to health. The Code
Aulthorit~y shall submit to the Ardministrator w~ithin ninety (90)) dlays
after the Presidents approval of this Code, a list of suchi occupa-
tions. In anly State an emiployer shall be deem~ed- to hanve complied
w~ith this provision if he shall h~ave on file a certificate or permit duly
issued by the authority in such State emipowered to issue emiploymnent
or ag~e certificates or permits, showing that the emp~loyee is of the
required age.
2. Emnploy~ees shall have the right to organize and bargain col-
lectively through representatives of their own choosingr, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of suchi representativ-es or
in self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain fromi jiningr organizing, or assisting a, labor organization of
his own choosing.
4. Employers shall comnply wsith the maximum hours of labor
minimum rates of pay, and ot her conditions of employment approved
or prescribed by the President.
5. Within each State this Coder shanll not s~upersede any law-s of
such State imposing more strinigeti requirements on employer regu-

Ilating age of employeesl wages, or health, fire, or general working
conditions than under this Code.
6. No employer shall reclassify employees or duties of occupations
performed or engage in any other subterfuge for the purpose ofi
defeating the purposes or provisions of the Act or of this Code.
7. Each; employer shall post in conspicuous places full copies of
this Code.

To further effectuate the policies of the ~Act, a Code Authority
is hereby constituted to cooperate with the Administrator in the
administration of this Code.
1. Organization and constitution of Code ~Authority :
(a) The Code Authority shall consist of not more than seven. nor
less than five voting members. Five voting members of the Code
Authority shall be selected by the Executive Committee of the In-,
stitute, and twrio by members of the Industry wsho are not members
of the Instituzte, if they so desire. In addition, the ~Admninistrator
may if he so desires appoint not to exceed three members without
vote to represent him. or such groups or interests as may be agreed
(b) Members of the Industry shall be entitled to participate in
and share thne benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. The
reasonable share of the expenses of administration shall be de-
termined by thle Code Acuthority, subject to review by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable to be taken into consideration.
(c) In order that ~the Code Authority sh-all at all times be truly
repr~eielntaive of the Industryg, and in other respects comply with
the provisions of the Act, thne Admninistrator may provide such
hearings as he may deem proper; and thereafter ifhe shall find
that the Code Authority is not truly ~representative or does not
in ohr presprect comply with the provisions of the Act, mnay require
an aproriae medication in the method of selection of the Code
2. The Code Authority shall have the followiiing powers and
duties, the exercise of which shall be reported to the Admninistrator
and shall be subject to his right, on review, to disapprove or modify
any action taken by the Code Authority.
(a) Such Code ~Authority may from time to time present to the
Administrator recommendations based on conditions in the Indus-
try as they may develop whichz will tend to effectuate the opera-
tion of the provisions of this Code.
(b) To collect from members of the Code all statistics and data
required by this Code or by the President, or reasonably pertinent
to the effectuation of Title I of the Act, and to compile same, and
dlissemina~te among the members of the Code summaries thereof,
all in such form and1C manner1C' as the Code Authority shall reasonably
prescribe, subject to approval by the Administrator.

(c) To represent the members of the ]Industry~ in conference with
the Administrator relative! to the application of this Coe-l arnd of the
Act and any regulations issued thereunder. The Codle Authlority
shall hold itself in readiness to assist and keep the Adm~iinistrator
fully advised, and to meet w~ith~ the Aldministrator's r~epresentative
from time to timne, as requested, to consider alnd stud ang y suggestions
or proposals presented oni behalf of the Administrator or any memi-
ber of the Code, regarding the operation, observance, or admninistra-
tion of this Code.
(d) In addition to the information required to hle submiitted to the
Code ALuthiorityT there shanll be fur~nishled to gover~nment agetn(iieS SUch
statistical informaitio ni as the A1dmlini;strator may deem n~ces~sary for
thec pur~poses recitedl in SCection 3 (a) of th~ ~Act.

The follow~iner practices constitute uinfair methods of competition
for mnembers of the Indlustlry andl are prohibited:
1. Shelling belowl cost.-Thle, willful or inltentiolnal sale of mary of
the products or serv-ices of the Industry below the vendor's cost,
the latter to be determined in acco~danlce w1ith. a. Systeml of a1CCounlt-
ing neceptable to or establisihedl by the Code Authorityl with the
approval of the Admiinistrator.
2. Secret Rebats.---o give or offer unearnedl or secret rebates,
refundcs, allowances, discounts, or special services, dir~ectly or in-
directly, in connection writhi any p~rodluct or service of the Ind~usztry.
,3. Subtco7frntracting.--To su~cont ra ct a ny~ of the prod ucts or serv-
ices of the Industry, in whlole or inl parlt, to anly emllIoyee. upon
terms or c~ond~itio nls which may directly or indlirecrtly result inr thle
p'aymlenlt to such~ emplloyee of less than the minimumrlll hlourlly rates
oif p~ny. prevalingr for suIch class of w~or~k;; pr1ovided thant every em?-
ployeec so empllloyedl be informed in adva-nlce~ of the mlinbumllln hourly
rates to whichi he is enititledl.
41. Pir'ating.-AXppro~priati ng ratmtn oaporaeie
sketches,-- deigsordrwig oriiae n ownled by another in
the Indlustry w~ithout the owne's consent.rlC

to bie made or publishedc, any false, untrue, or deceptive statemnlrtl in
adveprt~ising,_ catai~logue or oitherwnis~ cornrcerningr the gr~ade, weight,
quality, substance, churlneter, naturec, oiirigin, size, or preparation of
any product and,'or services of the Indu~st ry\, having thne tendency anld
capacity to misleadl or dleceive p~urchasers or pro pective purchansers.
6. Rent or larse to shop uI'oI'rkersc~.-To rentlf, lease, or allow th~e use
-of any floor space, bcnch~ space, andtior miachiine capaci y, or eq-uip-
ment, to shop workersc for th~e purpose of mannufac~turingn for sale or
for use any of the products and,'or services of the Indlustry; byr any~
member of the Indu~stry~ who is keep~ing hiis plant open for the pur-
pose of operating in completitionl with other memrnbers of the Indusitry.
AnrrruxE V'III-Tov:nw

It is contemplatedl that supp~l llclemn tar prov\isions or amendllennt s
of this Code, or additional codes appllicable to the Special Tool, D~ie,


III l il l III IIlilllII Illlllillll 11 1 1
6 3 1262 08856 1104

and Manchine Shop Industry, mnay from. time to time be submitted in
behalf of the Ilnstitute for the approval of the President.
1. This Code and all the provirsions thereof are expressly made
subject to the right of the Presidenlt, in accordance with the p~rovi-
sions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to thle right of the President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.

Whereas 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 inl-
creases should be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increase in the seller's

This Code shall become effective and binding on the fifth day
after its approval by thne President.