Code of fair competition for the insulated container manufacturing industry as submitted on August 24, 1933


Material Information

Code of fair competition for the insulated container manufacturing industry as submitted on August 24, 1933
Portion of title:
Insulated container manufacturing industry
Physical Description:
5 p. : ; 24 cm.
United States -- National Recovery Administration
U. S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Container industry -- Law and legislation -- United States   ( lcsh )
Insulating materials   ( 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. 1629-1-03."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004951052
oclc - 656841356
System ID:

Full Text



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







REGISTRY No. 1629--1--03

The Code for the Insulated Container Mlanufacturing 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 Recovery Administration
as applying to this industry



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This Code is set. up for the purpose of increasing employment,
establishing fair and adequaRte wagerts, e~ffectinr ,necessary; reduction
of houlrs, improv~ing standards of labor, and eliminating unfair trade
practices, to the end of r~ehabiilitatinga the insulated container indus-
tryv and enabling it to cooperate to the fullest extent in putting into
effect the provisions of the National Induxstrial Recovery A8ct.

The term i employer as used hlerein shall include every person
promnoting,a or actively engaged in, the manufacture or assembling
for sale of the products of the insulated container manufacturing
industry. Thle ter~m effective date as used herein is defined to be
t~he elevent.hl day after this Code shall have been approved byp the
President of the United States.


As reqiuir~ed b Sect~ion 7 (a) of TCitle I of the National Industrial
Recovery~ ASct, t~he followTing provisions are condlitionls of this Code:
"(1)~ That employeespi sha-ll halve. the. rigrht to orgaanize and bargain
collectivelyv through r~epr~esenltatives of their own choosing, and shall
be free fr~om the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such r~epr~ese~ntatives or
in self-organizat.ion or inl other concerted activities f~or the purpose
of collective bargaining or other mutual aid or protection; (2)
th~t. no employees and no orne seeking employment shall be required
as a conditions of empyloy~ment, to join any company umion or to re~-
rain.., from joinin, orgaruzing, or assisting a labor organization of
his ow~n ch~oosing; and (:3) that employers shall comp'lyitth
mnaximum hlour~s of' labor, minimumn rates of pay, an~d othrcni
t~ions of emnploymentnt approved or: prescribed by the President."

(a.) On andl after the effective date employers shall not emp~loy any
person under the age of 16 years.
(b) On and after thle effective date th~e in~imurmzzm wage that shall
be paid by) any emploer to any employee engaged in the processing
of products of the inlsulated-container manufacturing industry and
in labor operations dlir~ectly incident. thereto shall be 40 cents per
S1ITO-3.3 (11


hour, unless the rate per hour for the same class of labor on July 15,
1929, was less than 40 cents, in which case the rate per hour shall be
not less than the rate per hour paid on July 15, 1929, And provided
also that in no event shall the rate per hour be less than 30 cents per
hour: And provided further, That casual and incidental labor and
le~arners may be paid not less than 8'0 percent of such mninimumn wage,
but the total amount paid to such casual and incidental labor and
learners shall not exceed in any calendar month 5 percent of the
total wages paid to all process labor by such employer.
(c) On and after the effective date thle mlinimuml wage that shall
be paid by anly employer to all other employees, except commission
sales people shall be at thet rate of $15.00 per w-eek in any city of
500,000 population, or in the immediate trade area of such city; or
$14.50 per week in any city of between 250,000 and 500,000 popula-
tion, or in the immediate trade area of such city; or $14.00 per week
inr any city of between 2,500 and 250,000 population, or in the iml-
mediate trade area of such city; and in towns of less than 2,500
population employers shall increase all wages byr not less than 20
percent: Provided~c, That this shall not I~reqir~e wages inl excess of
$12.00 per weekz: And~ provided furt~her~, howeverr? That office boyls
or girls, learners, and casual employees may be panid not less than 80
percent of such minimum wage, but t~he total amount pa7id to such
office boys or girls, learners, and casual employees shl~nl not exceed
mn any calendar month 5 percent of t~he total amlounlt paid by such
employer to all employees covered by the! pr~ovisionis ofthis
paragraph (c).


(at) On and after th-e effective date, for persons eng~agedl in the
processing of products of the insu lated container-man ufacturIing in-
dustry, and in labor operations incident thereto, in excess of 40 hours
per week.
(b) For all other employees, except. executive, administrative, andl
supervisory employees and travrelingi salesmen, and w~at~chmen, in
excess of 4-0 hours per week: Provided~, howev~er, That thle limitations
in these paragraphs (a, and b) shall not apply if seasonal or peak
demnawlf results in an unusual and temporary burden on produe-
tion; in such cases no employees shall be permitted to work more
than an aggregate of 1~44 hours per year in excess of t~he limitations
hereinbefore provided, And P~o~vided further, Thlat such~ limitations
shall nrot apply in cases of emergency.

(a) It is clearly understood that nothing in this Code sla~ll impair
mn any particular the constitutional rights of t~he employer to pro-
tect his business and property from the unlawTful activities of others.
(b) I~t is clearly understood that nothing in this Code shall impair
in any particular the Constitutional rights of the employee and
employler to bargain individually or collectively as may be mutually

satisfactory to them; nor impair the joint right of employee and
employer to operate an open shop.
(c) Nothing in this Code is to impair the Constitutional rights of
employers of freedom in the selection, retention, and advancement
of employees.
(d) Nothinga in this Code shall authorize any change in the masxi-
mum hours of labor, minimum rates of pay or other conditions of
employment specified in this Code, without the agreement of a truly
representative association or group of trade or industry, or subdivl-
sion thereof, to which this Code applies.

The Insulated Container Association is hereby designated as the
agency for administering, supervising, and promoting the perform-
ance of the provisions of this Code byI the members of the insulated
container manufacturing industry.
Wi~th a view to kepingn the P-ressident of th~e U~nited States and
the Administrator informed as to the observance or nonobservance of
this Code, and as to whether thle insulated container manufacturing
industry is taking appropriate steps to eff'ectuate in all respects thle
decla~redl policy of the National Industrial Recovery Act, each emn-
ployer shall prepare and file with the Executive Secretary of the
Insulated Container Association at such times and in such mlanner
as may be prescribed by the Executive Commiittee, statistics of plant
capacity, volume of production, volume of sales in units and dollars,
number of persons employed, wage rates, earnings, hours of work,
costs, prices quoted, prices received, contracts made, and such other
similar statistical data as the Exrecutive Committee of the Insulated
Container Association may from time to time require.
Except as otherwise provided in the National Industrial Recovery
Act all statistical data filed in accordance with the provisions of this
Article shall be confidential and the dlata of one employer shall not
be revealed to any other emnployer. For the purpose of administering
or enforcing the provisions of t~his; Code, the duly authorized repre-
sentatives of the Executive Committee of th~e Insulated Container
Association shall have access to any andi all statistical data that may
be furnished in accordaance wTith the provisions of this Code.

Any manufacturer of insulated containers mayV participate inl this
Code and in any revisions or additions thereto and receive the bene-
fits thereof by accepting the proper pro rata share of the cost and
responsibility of creating and administering it, by becomning a mem-
ber of the Insulated Container Association and subscribing to its

Every employer shall use an accounting syTstemr whichn conformns to
the principles of and is at, least as detailed and complete as the umi-
form and standards method of accounting andl costing as preparedl by
the Insulated Container Association.

No employer shall sell or exchange any product of his menul-
facture at a price or upon such terms or cond-itions that will result in
the customer paying for the groodls received less than the average
industry cost for a product of like design and quality, determined in
accordance with the uniform anld standard method of costinga herein-
above prescribed: Provzidecd, hlowlev~er, That dropped lines, seconds,
or inventories which must be convertedX into cash to meet emergency
needs mnay be dirsposed of in such mianner and on suchl terms and con-
ditions as the supervisory agent mnay approve and as ar~e necessary to
move such product into buyers' hands: A nid pr~ovideda fwrther, That
selling below average industry cost in order to meet exrist~ingo foreign
competition on products of equivalent design, character, quality, or
specifications shall not be deemed a violation of this Art~icle. If
formal complaint is madle that the provisions of this Article have
been violated by any maanufactur~er, the Executive Secretary may
investigate the facts and to that end may cause such audit to be made
as may be deemed necessary.

Within ten days after this Code becomes effect i\e, each ma~nu-
facturer shall file with the Executive Secretary2 a net price list, or
price list and discount sheet, as the case may be, individually pr~epared
by him showing his current minimum net prices, or prices and maxx-
mumn discounts, terms of payment, and freight or other allowances,
andi the Executive Secretaryr shall immed'intely send copies thier~eof to
all known manufacturers of similar products wrho are subscribers t~o
this Code and are members of the I~nsulated Container A~ssociat~ion.
3Revised price lists with or without discount. sheets may be filed from
time to time t~her~eafter with the Executive Secretary b any3 mann-
facturer to become effective ten days from the date of such file.
Copies thereof, with notice of the effective date specified shall be
immediately sent by the Executive Secr~etary to all other mnember
manufacturers of similar products who thereupon may~ file, if they so
desire, revisions of their price list or discount. sheet which~ shall be-
com~e effective upon the dlate when the! revised price list. or li~scount
sheet first filed shall go into effe~ct.
No employer shall sell directly or indirectly by any means, trick,
device, or subterfuge whatsoever, any product of the industry~ covered
by the provisions of this Article at a price lower or at discounts
greater or on more favorable terms of payment than those provided
in his current price lists and discount sheets.

The 1Pre~sidInt may from, time to timne enncel or miodlif any~ order,
approval, license, rule, or regulation issued under Title I of the
National Industr~ial Recovery Act.

Such of t~he provisions of this Code n.s are nlot required by the
National Industrial Recovery? Act to be included herein may, with

th~e approval of the President. of thre Unitedl States, be modified or
eliminated as changed cir~cumstances or experiences mlay indicate.
This Code is intended to be a basic code, and study of the trade
practices of thle insulated container mannufacturing industry will be
continued by thle -Executive Commllittee of the Insulated C~ontainer
Association w~ithi the intention of submiitting from time to time addi-
tions to this Code applicable to all employers in the insulated con-
tainer mlanufacturinlg mdustry and supplemental ("odes applicable
to one or mor~e branches of csubdivisions or product classifications of
the insulated conitainier indtustrly, such supplemental Codes, however,
to conform to and be onsistenrt withn the provisions of this Code as
now constituted or hereafter~ chanlged.

If any mpnlloyer of labor in the? iniulatted contanerpl manulfacturing
industry? is also an employer of labor inl any other industry, the pr~o-
visions of this Code! shall apply to and affect only that part of his
business which~ is included in the insulated~ container manufacturing

It is agreed that this code of fair competition does not cover t~he
manufacture of glass blanks or pistons ", which is an essential
t~hou~gh minor part of this industry, it being undcer~stoodl that those
manufacture rs of the Ins~culalted ContIainer Associationl who ar~e en-
gagedl in the manufacture of suchn component parts will join an ap-
propr~iate association within the glass industry to which this p~rodulct
conforms, adlopt the code agreed upon by that industry and ab~ide by

Th~e above is a true copy of the code of fair competition submitted
by the Insulatedl Container Alssociation, Norwich, Connecticut.
A. R. Pa~soN, Pe~sident.


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