Registry No. 302--1--0
NATIONAL RECOVERY ADMINISTRATION
PROPO SED C ODE OF FAI R C O MPE TIT ION
WOODEN PAIL AND TUB
AS SUBMITTED ON AUGUST 31, 1933
UNV OF r
The Code for the Wooden Pail and Tub 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 having received the approval of
the National Recovrery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
WAsHINGTON : 1933
e~rl ale hpte Superlaendent of Doumnents, Washington, D.C. - Price 5 cenIe
WrOODEN PA~IL AND) TUZB ASSOCIATION
WOODEN PAIL AND TUB INDUSTRY CODE OF FAIR
To effectiuate the policy of Title I of the National ~Recovecry Act
during theP npriod- of thep emergency by reduucing and relieving uinem-
ploymienit, imlprovinlg the standards of labor, eliminating compietitive
practices destrulctive~ of thle inteirests of thle pub~lic. emplloyeets, and
employers. relieving th~e disa~stro~us effects of overcapacity, andc other-
wise rehabilitating the wooden pail andl tub industry~. and by inicreas-
ing the consumption of industrial and agricultural products by
increasing purchasing power, and in other respects, the following
provisions are established as a code of fair competition for the~
wooden pail and tuib industry.
ARTICLE II DEFIN YTIONS
The term "' wooden pail and tub industry as used her~ein is lefined
to mean the manlufacturre of wloodlen pails anid,-'or turbs for household
or commercial use or for use as containers in industries or for use as
containers in commerce.
The term effective date as used herein is defined to mean the
first pr~~ay-roll period following the approval of this code by the
The term Employee as used herein shall include all persons
employed in the conduct of the industry, whether employed directly
by the employers, as hereafter defined, or by contractors who under-
take to perform certain manufacturing operations either by thle day
or on a piecework basis, with the exception of "Loutside salesmen "
and of persons in managerial or executive positions receiving more
than Thirty-five Dollars ($35.00) per week.
The term Employer as used herein shall mean all persons, par~t-
nerships, or corporations engaged in the conduct of any branch of
the wooden pail and tub industry, as defined above.
Participation in this codle and any subsequentt revision or extension
shall be extended to any person, partnership, or corporation in th
w-~ooden p~ail and tub industry who accepts his share of the cost and
responsibility, as well as thie benefit. h becoming a member of the
Wo'(oden Pail and Tub Association.
Thiis codec is noct des~ignled to) pr'llonmte monopo)lie~ and1 shall niot be
.availed~ of for thlat. puLrpo~se. Th riinsoti oeshlnt
be so interpreted or admiiinisteredl as to erlimninate or oppr~ess small
enterprises or to dliscrimlinate against tlheml.
.~ ~ IOR TILV- oun o LABOR
On and after the effective date hereof, employers in the Wooden
Pail and T'ub Industry shall not operate on a schedule of hours of
labor for their employees in excess of forty (40) hours per week,,
averagedl over a six months' period; but there shall be no limitation
on the number of hours which may be worked in a~ny one day, nor
in any one week, provided( the average of forty (40) hours per week
over the six months' period is not exceeded.
A sufficient number of employees to provide sup~erintendlence,
mraintenance, heat, light, power, watching, and shipping shall be
exemt~ll from the provisions of this section.
ARTICLEra T;I-RATE OF STAGES
On and after the effectivec (lntco hereof, the minimum ag;lesi to be
paid by employers in the Woodien Pail andl Tub Industry to any of
their employees shall be as followers:
Adult male labor, 308 per hour.
Female and Minor latbor, 221/20 per hour.
The above minimum wages shall not apply to pensioners, who are
defined as individuals who, on account of aIge or ph-ysical disability,
cannot perform an able-bodied man's work.
The above minimHum wage ra:tes~ may be r~evisedl from~ timue to timle
in such mlannler as will enlIrrntly effect an equitable adjustmnlnt to
variations in. the cost of living; such ad~jusctmlents to be subject to
the approval of the Presidenrt.
On and after the effective date hereof, employers shall not employ
any7 minor tinder sixteen (16) years of age.
Participants in this code agree to observe the conditions laid dowrn
in Section 7 of the Industrial Recovery Act, to Iwit:
(a) Employees in the wooden pail and tub industry shall havce
the right to organize and bargain collectiv-elhough representatives
of their own choosing, and, shall be free frmin-fluence, restraint,
or coercion of employers of labor, or their agents, in. designation
of such representatives or in self-organization or mn any other con-
certed activities for the purpose of collective bargaining or other
(b) No emnploye~e in the ~wooden pail and tub industry, and no
one seeking employment therein, shall be.required as a condition
of employment to join any company union or to refrain from join1-
mng, orgamizmg, or ;assisting a labor organization of his own choosing.
It is understood that the foregoing paragraph is not to be so
interpreted as to in any way impair the ConsT~itutional rights of
the employer and emnployee to bargain individually or collectively,
as may be mutually satisfactory to them; nor does it impair the
joint right of an employer and employee to operate; an open shop.
Provided furtherr, thiat nothiing~ hereinl is to bte inlterpreted~ aS I~'r-
venting the selection, retention, and advance mlent of empllloy'ees o
the basis of their individual merit and~ without rerar~d to, thelir attilia-
t~ion or nonaffiliation with any labor organization.
'(c) Employers of labor in the w-oodlen pail andii tub indultl~ry agr1ee
to comply with the maximum hours of labori. mlinlimum rate s fCI pay,:1
and other working condlitionls ap~provedr of or prscr.~iibedl by th~e
A nwIc.1 IX
Whlleret thle I;t o~f execuiiting~ Icontra;cts~. enteral inito in ther woo<1en
pail and tub industry'! p~rior' to, the effective claite ;f thiis code, are
increased byl thie app~lic.ntionr of thle Nationni~l Industrflial Reco(VerIy
A~ct to the indus~try, it is equritabj~ llenI promotllivi\e of theff purposes~C~
of thle Act tha~t approprc~,i ate ad~julstmentslt of. such' contractsl'f to retirect
such increasedc costs be arrivedl at by alrblitrary'3 p''rovelings, or otheri-
for' this codle? is conlstitultel ani agenlcy! to assist inl e-ffecting suich
For thle pur~pose of upplyll~ing~r thle Pr'c~e lent ;1ntI the Admiinistra-
tor w-ithi reqluisite dalta as to thle observa-; nce andi effectiveness of this
~odle. andl as to, w\hethier the w-oodeni pn,;il aInd- tub indulistryv is taking
appropriate steps to, enable it intelligently to adljust its~F hours of
labor, wagores, andi pr~oductive capacity to chang~ing~ demiand~s of coln-
sulmers, industrial trends, andl other conllitionls in necordance with
the declared policy of the National InduistrinI lReco-very A~ct, each
emnployer sha~ll furrnish regular reot!siit aIs he~reinafter' provided.
The W\oodlen Pail andl Tub Assocriation,, thirough its S~ecre~tary-
Treasurer, Robert P. Haywardl, P.O. Box 503~. Keene, N.H., is
hereby constitulted th~e agrency to prov\ide~ for thte c~oll~c~tion anrd Iccrecip~t
of such reports anid for thie forwardingl i of thle substance of such
reports, the Association to p~rov-ide for1 receivingr andl hohling suc(h
reports thiemselves in confidence.
Such r~eportsc shall be inl such form~, and' shall be furnished at such
intervals, as shall be prescribed by' the Association. and shall con-
tain such information relevant to the purposes of this code as shall
be prescribed by the Association from time to time, including infor-
mation w~ith respect to th~e following or r~elnted2 subjects:
1. Employmnent.. hours, w\ages, and wn;1eC rate~.
2. Production, orders. buildlings, andl stocks (ini process o finishled)
of products manulfactulred.
3. Financial andi cost danta.
4. Activity, purchase, sales, anid srcriap~ping~ of maIchiler~y.
5. Consumnption and stocks of raw ma~terlials.
AnnICLE AlT-FAIN Pas~cTlCus COMMITTEE
To ass~iist in carrying* out thle provisions of thle N~ational Industrial
Recovery Act and of this code, andi the rules anid reiiulations miade
pursuant thereto, anid for the formation of suchl further co~de p~rovi-
sions as may be necessary to insure fair comp~etitionl and effectuate
the provisions of the Ailct, the Code Comml~ittee of this Assccinlt io~n
or such slc~c~eissor commlnlittee,, or commnittees~ as mrtay he~reaflter be don-
stituted by action of this Arlssociation, together w~ith such persons as
may~ be named by the Admllinisf'~tratr, is set up as a planning andc
fair practice agency for these purposes, with the provis\.lo, however,
that the persons appo~intedl by the Admllinistrao 1'1 hal) have no vo~te,
but in all other respects shall be members of such plan~ning and fair
Such agency may from1 time t~o timec present to the Administrator
recommendations batse~d on co~nd-itionsl in th~e industry as they may
develop, which will tend to effectuate the operation of the prov,\isio.n-;
of this code, and the policy of the NaT~tional Ind~ustrial ~(((\reenve Act.
AtRTICLE XII Cost CODES
Ilnsnsmuch as the plrac~tic~e of pricing or selling goods14 hetlmv\ the
atctual cost of production and distr~ibutionr by a minority of the units
of an industry is one of the major cmulitse of low wnars and genrall
loss to the entire industry. pricing of goods shatll be based uponI the
following rules and reglla t ions :
1.. Prices of all products shall be b~asedt upon accurate and known
costs, as estab~lishedc~ by an adequate 'o t~-findcing~ systemI1, which shall
be open for inspection at reasna-clble~ times by nonmember r~ep~re-
.enltatives of the ~Associa~tion or the Government. The price must
include as a mninimnum the following elements: (1.) Manter~ials; (2)
Direct Labor; (3) Manufacturing Burden or Factory Overhead; (4)
General Aldministra-tion; (5) Selling Expense; and (6i) R.easo~nable
2. It shall be an unfair method of competition for any manufac-
turer to sell below reasonable cost plus reasonable profit.
3~. Dropped lines, obsolete or defective ware may be sold at su~ch
prices as are found necessary to move themY, provided, however, that
all such stocks and selling prices must first be reported to the
Secretary-Treasurer of this association.
AIRTIICLE XIII[-RIERCH~AND)ISING CODE,
Inasmnuch. as the costs of marlke~ting are just as much a part of
the price of a~n article as the mnanu~flc~turing cost and as su~c~cessful
business is based upon satisfac~tory relations bertweenl buyert and
seller and that unfair business melrthocds result in f~ic~tion~ and wa ste,
the prices quoted shall be on the~ ba~is of an outright sale and subject
to the following rules as standards of marketing practice.
1. Trnosll of Sale.-Full details of all terms of sale as to tlste,
payment, quantity, price, delivery arrangaementls, and the lik;e shall
be set forth in a wcrit~ten order and shall be str~ictly adhllered to inl the
execution of the order.
2. Tlerns of Playment.-T~ermsl shall be net Iensh in 30 days fr'om
dlate of i nvc-ic-e or -o/ dis~countll for cash in 10 days from~l date of in-
voice. Nro other discounts schall be allowed.
3. Cons~ignuzmen~ts.- Manu~ falc-turers shall not ship ware on conl-
siglnment nlor center into agreemenrltsi such as the rednting of orders,
whlippling in excess of order~l, etc., which violate the pr~incip~le of anl
htlu aICtually orderedt~~ amlll forI whliCh1 thle buyer~~ has1 cen~it r';ted~ to
,pay,' nor 'shalll riunordered~ ware1c be ?;enIt to I~regiular or1 prIosp'ecti ve
5. Rebates('.-Manull~(faI1cturer shall1 not grant secrett. rebates or secret
coll~ei h lllS Of allY\ fOrl1.
upon)I andit nc'cordcing~ to sp~ecifi~nicaions of theC order shall1 notf hie nel-
all par~tiesj in respect to size, style. finiih.-; sMtubstance.ll andqulityf!, or
the uise of false on- dcep~tiver, isrt rm edn ttreasb
WHPO~ 011 tlle Iplth Of ally' allI.l all partiesi c~onlce~lrnedl~ are~ tIrfnir tradefl
pz ract ices .
011018? t le I000melrllt Of Orders 000ni~ co~lidellllledl ;I 11111100i';31 i8114
HIRI f r tradce p~ract ices.
9. Free GoodsI.-Dt~ielver of fre~te goodls by! any! IneJthool whaIlictsoever
is an unfair tradle prac~tie.
10. Fals /In voicesx.-FIalse. dlec~eptiv~e. or' incomllplete invocicing~ in
any way wh~atsoever is an unfair trade practice.
11i. Recplace rnen.ts.--RepI~lacement sh i pments to cover wa re foundI
to be defective by thle buyer. or. ensh refunds to cover such ware,
shall be reported pr1omiptly in writing to th~e Secretary?-Treasurer.
ARTICLE XIV C~HAN;ES IN CODE
This code and all the provisions thereof are expressly made. subject
t~o th~e right of the Presidlent, in accordance with Section 10I (b) of
Title I of the National Industrial Recovery Act, from time to time
to cancel or modify any order, approval, license, rulle, or regulation
issued under Title I of said Act.
Such provisions of this code as are not required to b~e inicludled
therein by the National Industrial Recovlery Act may, witih t~he ap-
proval of the President, be modified or eliminated in such manner
as may be indicated by the needs of the public, by chlangres in circuni-
stances, or by experience.
All the provisions of this code, unless so modified or eliminiiated,
shall remain in effect until the expiration date of Title I of the Na-
tional Recovery Act..
In order to enable the industry to conduct its operations subject
to the provisions of this code, to establish fair trade p~ractices within
the industry and with those dealing with the industry, and otherwise
to effectuate the purposes of Title I of the National Indulstrial Re-
covery Act, supplementary provisions of this code or atld~itional codes
mnay be submitted from time to time for the approval of thle President.
If any provision of this code is declared invalidl or unenforceable,
the remaining provisions thereof shall nevertheless continue inl fuill
force and effect as if they had been separately pr~esentedl for approval
and approved by the President.
UNIVERSITY OF FLORIDA
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