Code of fair competition for the washing and ironing machine manufacturing industry as approved on November 4, 1933 by P...


Material Information

Code of fair competition for the washing and ironing machine manufacturing industry as approved on November 4, 1933 by President Roosevelt
Portion of title:
Washing and ironing machine manufacturing industry
Physical Description:
p. 461-470 : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Laundry machinery -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1399-11."
General Note:
"Approved Code No. 93--Reprint."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952424
oclc - 658002947
System ID:

Full Text





i 't
For leb Lbyte Superintendent of Documents, Washlagton, D. C. - Price center

Approved Code No. 93--Reprint

Registry N~o. 1899-11





This publication is for sale by the Superintendent of Documents, Government
Printing Office, WTashington, D.C., and by district offices of the Bureau of Foreign.
and Domestic Commerce.
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Approved Code No. 93



As Approved on ~November 4, 1933


Executive Order

An applicatiod having~ been duly made, pursuant to and in fuxll
compliance with the provisions of title I: of the National ]Industrial
Recovery13 Act, approved June 16, 1933, for my approval of a Code
of ]Fair Comp~etition for the WCashning and Ironling lMachine M/lanu-
facturing Industry, and hearings having been held thereon and the
administrator having rendered his report containing an analysis of
the soid code of fair competition together with his recommendations
and findings wr~ith respect thereto, and the administrator 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 reqmire-
mentss of clauses (1) and (2) of suxbsection (a) of section 3 of the
satid Acet havre been met:
NOW;, THEREFORE, I, Firankilin D. 1Roose~velt, President of the
U~nitedl States, pursuant. to the authority rested in m~e by title I of
the Natiornal Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the administrator, and do order that the said code of
fair competition be, anld it is hereby approved.
Approval recommended :
HrsonE S. JoHNSON,
A dmin~istrator.
THrrE ~HIT 110US
Vo vemlber 4, 1933.


Th2e W~hite HTouse.
SmR: This is a report on the Code of Fiair Competition for the
Washing and Ironing Machine Industry as revised after a Public
Hearing, conducted in Washington on October 4, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.

Factory employees in the Washing and Ironing Machine Industry
are limited to a 40-hour week and 8 hours in any one day. A toler-
ance in these hours of 10 percent is granted in the case of maintenance
and repair employees, watchmen, firemen, engineers, inspectors, time-
keepers, storekeepers, truckers, and employees in the receiving and
shipping departments.
Office employees may not be employed more than 40 hours a weeks.
Execu-tives and their personal secretaries, persons engaged in m~an-
agerial capacities, field service employees, and traveling or outside
sales people are exempted from the hourly provisions.
In the event that any factory, working three full-time shifts for
a total of 120 hours a week, is unable in peak seasons to fill orders
on hand, the factory is permitted to work employees 48 hours a week.
unless approval is refused by the Code Authority or the Adminis-
trator. In no case are employees permitted to work more than six
days a wseekr.
No reclassification of employees for the purpose of defeating the
purpose of the Act is permitted, and no employee is permitted to
work more than the specified maximum hours, whether for one or
more employers.
N~o person under 16 years of age is permitted to work in the indus-
try, and no person under 18 years of age is pelrm~itted employment on
metal-workings machinery.
Not less than 40 cents an hour shall be paid male factory employees
and not less than 36 cents an hour shall be paid female factory
employees. Provision is made that women shall not be discriminated
against when engagedC in occupnations similar to thnos engaged in by
mnen. Not less than $;15.00 a week shall be paid office employees.
Provision is made that learners and office boys and girls, the total of
whom shall not exrceed 5 percent of the office employees, shall be paid
not less than $12.00 a week.


Since June 1, 1933, 3,250 factory employees have been added to
the pay rolls, an mecrease of approximately 80 per cent over the
average of employees for the first five months of 1933, giving the


industry at this time nearly 1,400 more factory employees than the
average numrlber of emiployees in the peak year o~f 1929.
In July 19333 appr~oximately 1,900 factory employees in this in-
d ust ry, ~e prIesenlt i ngr about 20 perCent of such employees, were earn-
ing less thanl the. proposed minimum I wage.\" ~" In incr~easinga these em-
ployees to thle minimum wage, and in giving wa~ge increases to those
r~eceiving more than. the milinilmum the indlustr~y added in excess of
$50l,000 to its Augaust pay rolls. It is estimated that when thte pro-
posed~ wage minima are~ pult into effect by all maiu factur~ers, there
will be a further increase in pay rolls of apprloximtlylttl $30,000 a
mionthi, nmaking the total pay-roll increase apprioximately $80,000 a
month as th~e result of this Codfe.
Ais of September 15, 1933:, the industry reported unfilled orders for
158,95i 2 units. Because of this condition permission is graLnted in the
Code for working employees 48 hours a w~ceek during periods when the
factory, working three full-time shifts of 40 hours each, is unable to
supply the demand for its products.
I find thatt--
(a) The Code complies in all resplectsj with, the pertinent provisions
of Title I of thne Act, including, wYithout limlitationl, subsection (a) of
Section 7 alnd subsection (b) of Section 10 thlereof ; and that
(b) The WVashing and Ironing Machine Mannufactur~ers' Associa-
tion imposes no inequitable restrictions on admission to membership
therein and is truly represe~ntative of the W~ashing and Ironing
Machine Mannufacturing Industry; anld that
(c) The Code is not designed to promote monopolies or to elimi-
nate or oppress small enterprises, and will not operate to discriminate
against them, anid will tend to effectuate the policy of Title I of the
National Industrial Recovery Act.

I herebya recommlend the approval of the Code of Fair Comlpetition
for the Wasorhing and Ironing Machine Mannufacturin g Indu~stry.
Respect fully,




To effectuate the policies of Title I of the Na~tional Industrial
Recovery A9ct the following provisions are established as a Code of
Fair Competition for the W~ashing and Ironing Milachine Manu-
facturing Industry, and shall be the standard of fair competition
for this Industry, and shall be ~binding upon every member thereof.

A. The term "Ilndulstry as used herein means the mnantufa~cture
for sale of Washing and I~roning Mkachines, and Replacement Parts
therefore, primarily for home use.
B. The term employee as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his serv-
ices, irrespective of the nature or method of payment of such
C. T~he termn employer as used herein includes anyone by
wPhom such employee is compensated or employed.
D. The term "' member of the industry includes anyone engaged
in the industry as above defined, either as an employer or on his own
1E. The term "Association as used herein signifies American
Washing Machine Manufacturers' Association.
F. The term "Eweoutive Committee as used herein. signifies the
Executive Commnittee of the American W~ashing Miachine Manu-
facturers' Association.
G. The terms "LPresident ", "Act ", and "LAdministrator "' as used
herein shall mean, respectively, the President of the United States,
the National Industrial Recovery AClct, and the A~dministrator of
Title I of said Aict.
H. The term effective date as used herein means, and this Code
shall become effective on, the: first Monday after the Code shall have
been approved by the President.

A. No employee, except as provided in Section B of this Article,
shall be permitted to work in excess of 40 hours in anyoewkr
8 hours in any 24-hour period, provided that there shallbe, no daidaily
limitation of hours in the case of office employees and that employees
engaged in factory maintenance and repair work, receiving and ship-



ping departments, watchmen, firemecn, engineers, time-keepers, store-
keepers, and truckers may be permnittedl to work an add~itional numi-
ber of hours, not to exceed 10%r of the maximlum herein established.
B. E";zceptions.l--
1., When. operation of the production capacity of any division of
a fator isreqire byreason of seasonal peak demannds, in excess
of 120ourgs pequrweek ( shi fts) emnployees in suchI division may be
permitted to w~ork not to exceed 48 hours per week, provided the
employer notifies the Code Authorit i da ofr hiswek in tent t
work such employees mnore than 40 musprweadta p
proval is not expressly refused by the Code Authority or the Ad
ministrator. Em lovers shall furnish the Code Authorityg or the
Administrator suc :information and datat and at such times as the
Code .Authority may specify conrcer~ning operations under this
2. Executives anrd their personal secretatries, persons in ae manat-
gerial capacity, field-service employees, and traveling or outside
salespeople shalli be exempt fromt all hourly limitations imposed by
this Article. This exemption shall not apply to w~orking fore-
men." All employers shall file immediately with the Code Author-
ity and revise from time to time as required, a complete list of func-
tional classifications of employees intended by the employer to be
exempted under the provisions of this clause from hourly limita-
tions Imposed by this Article. and such employees may be so exempted
unless exemption is specificallly refusedl by thre Code "Authtority or the
3. The. maximum hours fixed in the foregoing section shall not
apply to any employee on emergency maintenance or emergency re-
pair work involving breakdowns or protection of life or property.
C. Nothing in this Article shall be Interpreted to permit regullar
work of any employee in excess of six days in any week.
D. N~o employee shall be permitted to work for a total number of
hours in excess of the number of hours prescribedl for each week and
dlay, whether employed by one or more employers.

AI. Nio male employees shall be paid at less than th~e rate of 40
cents p~er houlr, and no female employee shall be paid at less than the
rate of 38 cents per hour; provided. however, that where female em-
ployees perform substantially the same work~ as male employees, they
shall receive the same rates of pay as male employees.
B. Nio o~flice employee shall be paid at less than the rate of $15.00
per week, provided that offce boys or girls mnay be paid at not less
than 80%~ of such minimum rate, and provided further that the total
number of office boys and ~girls employed by any member of the
Industry receiving less thain the minimum in anyi calenassr mwon
shall not exrceed 5%r of the total employees in hscaso w
employees, whichever is higher.
C. Adjustments or wage rates above the mlinimums shall be made,
to preserve differentials ~between standard occupantional groups of
em ploy3ees which existed on June 1. 193:'1~ provired, that increases~ by
reason of this Article need not exceedl 151% of wage rates then mn


Within thirty days after the effective date employers shall report
to thne Code Authority action taken by them since June 1, 1933, with
respect to adjustments of wages above the minimum.
D. This Article establishes a minimum rate of pay regardless of
whether or not an employee is compensated on a time rate, piece
rate, or other basis.
E. The minimum wage rate prescribed by this Article does not
apply to traveling and outside sales people.
Fi. Employees permitted to work- mn excess of forty (40) hours per
wueek and eight (8) h~owrs per dayi under the provisions of Sectio~n B,
P""i Uraphs 1 and 3, of Article I~II shall be paid not less than one and
one-half times their normal rate for all hours in emoess of forty (40)
howxrs p~er w~eek and eight (8) hLours per d'ay.l
AIRrroran V--GENERAL LBBon PRovIsIows

A. No person under 16 years of age shall be employed in the
Industry, nor anyone under 18 years of age at operations of metal-
working machinery or other operations or occupations hazardous
in nature or detrimental to health. The Code Authority shall sub-
mit to thle Administrator before February 1, 1934, a list of such
occupations. In any State an employer shall be deemed to have
complied wc~ith this provision if he shall have on file a certificate
or permit duly issued by the A~uthority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
B., Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be! free from. the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection.
C. No employee and no one seeking employment shall be required
as a condition of employment to join any company umion. or to re-
frain from. joining, organizing, or assisting a labor organization
of his owF~n choosing; and
D. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
E. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on. employer, regu-
lating the age of employees, wages, hours of work, or health, fire,
or general working conditions than under this Code.
F`. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
G. Each employer shall post in conspicuous places full copies of
this Code.
H. A person whose earnling capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authlorit~y designated by the U~nited States
2 Italicized words added byr Amendment No. 1, approved Apr. 19, 1934.


Department of Lanbor a certificate au~thorizingr his employment at
such wages alnd for suchi h-ours as shall be stated in the rcer~tificate.
Each employerl shall file with the Code Authority a list of all such
perlsons employed byr him.
ARTICLE VTI--AnuxxxIsanBrro
AC. To f'urthecr effecctuaite the policies of the Acct, the Excuti~ve
Committee of the Aissociationl is hlereby desiglnated as thne Code Au-
thority to cooperlatte with thne Administr~ator in the admi nist ration of
this Code.T hc Glov-ernmellnt of the United States~ is to be represented
on thie Codle ALIuthority by three members wi thou t.vot e to be appoinIItedl
by thne President, for sterns of from sixz months to one year arranrgedc
ao that the sterns do not expire at the same time.
B. (1I) It being fournd necessary in order to support the adminzis-
tl(rationz of this code and to maintain the standards of fair covn pet~iti'on
( tahif bh~XedlI ~~( hercder and to effectuate the policy of the Act, the Code
A-uthoritU~ is authorized:
(a) To incur such reasonable obligations cas are necessary and
proper for the foregoiag pirlrurpses, and to meet succh ob~ligations out
of fundts wir~c~h may be raised as hereinafter provided and which
shall be Adld in, trust for the purposes of the Code;
(b) To submit to the Ad~minzistrator for his approval, subject to
-u~chl notice and opportwnc~ity to be heard as he may deem necessary
(1) an item~i.?ed budget of its estimated repensesBE for the foregoing
purp~o~scs, and (2i) an equ~itable basis upon which the ~ulnds necessary
to support such13 budget shall be c~ontri~buted by members of the

(c) Af~ter such budget and basis of conztr~;~~ibutio havue been apD-
procrd''' by the Admri.rnistratr to determine and obtain equitable con-
tribu2.tionz as above set forth by all members, of the induzlstry, and to
that end~, if necessary, to ;institute legal ;proceedings therefore in, its

(.0) Each member of the in~dustry shall pay his or its equcitable con-r
tribltion to the rjepensces of the maUll~intenaCeL of the Code Authority,
deTtermined~i as Acre(inlabovc Prrovided~r~ and subject to rules and rege-
latrionsa per'a~ininlg thereto issued by the Admlrinistrator. On7ly mem-
Tbers8 of the indcus-trU complying with the code and contribution to
the ejxpenrses of its admTnin ist atiof n, as hereinabove provrided, >-hall be
entitf7rd to participation in, the se7clotion, of members of the Code Au-
thwlyfl or to receive the benefits of any of its uolunita)ry activiies
or to make use of any emblem or insigmza of the National RecozlerU~

(3) The Code3 Authorityj sall nizther izcu~r nor pay any obligation
in ecess/~ of the anwao~nt ther~eof as estimated in its alpprosed budgtlc ,
excclept uplo-n aPyyrovalc of the Adnmrreintrator; an)d no su~bsequent bud~-
pICt shall cont~ain al.ny defeiiency item~z for capenditur~es in car~cessr of
Priorte bugt siatsecept those wnich the Administrator shall
C. Ealch trade or industrial association directly or indirectly par-
ticipating inl th~e selection or activities of the Code Aulthor~ity shallt-
(1) imlpose no inequitable restriction on memberclship,> and
a Itallicize~d word added by A8mendment No. 8, approved June 22, 193-1.


(2) submit to the ALdministrator true copies of its Articles of Asso-
ciation, By-Laws, regulations, and any amendments when made
thereto, together w~it~h such other information as to membership, or-
ganlization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Aict.
D. In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with t~he
provisions of the Act, the Administrator may provide such hearings
as he may deem proper;3 and thereafter if he shall find that the Code
Authority is not truly representative or does not in other resp~ec~ts
comply wlith the provisions of the Act, may require an appropriate
modification in the method of selection of the Code A"uthorityT.
E. The Code ~Authority shall have the following duties and powers
to the extenlt permitted by the Act and subject to review by the
Administrator :
(1) With a view to keeping the President informed as to the ob-
servance or nonobservance of this Code of Fair Competition, and as
to whether the Industry is taking appropriate steps to effectuate the
declared policy of the Act, the Code Authority shall collect from
members of the Industry who shall furnlish to it or its duly author-
ized agent, in such form and at such intervals as it may prescribe,
subject to the approval of the Administrator, duly certified reports
containing such information, reasonably pertinent to the effectuation
of the purposes of this Code, and with. full protection to each mem-
ber of the Industry as to the confidential nature of the data, as may
be required by the Administrator or by the Code Authority subject
to the approval of the Administrator. Such information or copies
thereof shall be furnished to the Administrator upon his request.
(2) If formal complaint is made to t~he Code Authority that the
provisions of this Code and any supplements thereto have been vio-
lated by any employer, it shall make such in-vestigation of the facts
as it may deem necessary.
F. In addition to information required to be submitted to the Code
Authority, there shall be furnished to Government agencies such
statistical information as the Administrator may deem necessary for
the purposes recited from Section 3 (a) of the Na\Ttiolnal Industrial
Recovery Act.
A. The following practices constitute unfair methods of competi-
tion for members of the industry and are prohibited:
1. Sales Below Cost.--To sell or escha~nge any product of the
industry at a price or upon such terms or conditions which will
result in the buyer paying for the goods received less than the cost
to the member of the industry, determined in accordance with a u~ni-
form and stanldard cost accounting system to be recommended by the
C7ode Aluthority and to become effcxti/ue upon approval by the
Administrator; provided, however, that dropped lines, seconds, or
inventories of finished products which must be converted into cash to
meet emergency needs ma~y be disposed of in such manner and on
such terms and conditions as are necessary to move such ;produF/c~ts into
the buyer's hands; and further provided that selling beloze cost
in order to meet earistin-g competition on products of e~uivaelent


design, charancter, quldity or specifications shall not be d~Eeme~d a
vi'olato of this Artic~le if spectifc notice~ is gwen~r to the CodLe
3. Cormrca Br/ibery.-irectly or indirectly to give or permit
to be given, or offer to rive;, money or anynthingr of value to agents,
employees, or represen~tatives of customers or prospective~ customers,
or to agents, emiployees, or representatives of comprletitors' customers
or prospective customers, without th~e knowF\ledge of their employers
or principals, as an inducemecnt to influence their employersr or prin-
ci als to purchase or contract to purchase fromt thle makers of such
sit or offerr, or to influence such employers or principals to refrain
om~ dealing, or conltracting to deal, with competitors.
3. RegurlationL of Credit.--The giving of cash discount in exc~ess of
2 percent.
4. PrIce~ quotat ione.-Qupotation of prices other th an F.O.B.
5. Other U~nfair Practices.--Nothing in this Code shall limit the
effect of any adjudication by the Courts or holding by the Federal
Trade Commission on complaint, ~finding, and order, that any prac-
tice or method is unfair, providing that such adjudication or holding
is not inconsistent with any provilsion of the A~ct of this Code.
6. Trad~e-in, Allowane.-No manu factu~rer shall give trade-in
allowances or second-hand allowances to the retail or wholesale sales
outlets of the industry.TT
7.Gurantee.f~p-Th grivingr of anyT guarantee in excess of one year
from date of sale to replace defective parts or workmanship, which
shall be fuzrnish~ed f~o~b. factory with no labor allowance.
8. Inaiccr~ate Advert~is~ing.-No member of the industry sh~all pub-
lish advertising (whether sprinted, radio, display or any other na-
turle) which is misleading or i~ac~curate inz any material particular;
nor shall any member in ary way misrep~trese~nt any goods; either
of his o~n manufactwre or of other members of the industry, woith
respect to the use, trade markl, grade, quality, qulantity, origin, size,
sub~stance, character, Fnish, maC~terial~, colfntet or prepar~ation; nor
shanll any member in any wa~y m~isrepresent credit terms, poicies,
seviees or the nature or forrre of the business condzloted ez'iter by
himself or by an other member of the industry No manzufactur'er
shal grant adlver~tisinlg allowacnces to be exepended by customers to
who~~m sutch allowan~ces are given on advertising wkich famils to con-
forrr to this provison.
B&. The Code Authority shall continue its study of trade practices
of the Industr~y and shall, from time to time, make recommendations
to the Administrator which it deems desirable for modification or
addition thereto, which, upon his approval, after such hearing as he
may prescribe, shall become a part of this Code and have full force
and effect as the provisions hereof.
ArrIcan VI[I[ OI-ModTOrNaro
1. Thi Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial
~Recovery A~ct, fro time to time to cancel or modify any order,
Italicized words added by Amndmen No. 2, approved June 2, 1934.


470 3 1262 08855 8555

approval, license, rule, or regulation issued under Title I of said
Act and specifically, but without limitation, to the right of the P~resi-
dent to cancel or modify his approval of this Code or anly condi-
tions imposed by him upon his approval thereof.
2. Thlis Code, except as to provisions" required by the Act, may
be modified on the basis of~ experience or changes in circumstances,
such modification to be based upon application to the Administrator
and such notice of hearings as he shall specify, and to become effective
on approval of the President.

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.


Whereas the policy of the ALIct 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 the
seller's costs.
Approved Code No. 93.
Registry No. 1399/11.