Proposed code of fair competition for the garage and repair shops, storage garages and parking stations industry as subm...

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Material Information

Title:
Proposed code of fair competition for the garage and repair shops, storage garages and parking stations industry as submitted on August 28, 1933
Portion of title:
Garage and repair shops, storage garages and parking stations industry
Physical Description:
5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Automobile repair shops -- Law and legislation -- United States   ( lcsh )
Parking garages -- United States   ( lcsh )
Automobile industry and trade -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1724-20."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950872
oclc - 656594465
System ID:
AA00007131:00001

Full Text








































The Code for the Garage and Repair Shops,
Storage Garages and Parking Stations Industry
in its present form merely re~ects 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



UNITED STATES
GOVERNMENT PRINTING OFFICE
WABHINGTON s 1988

For sale b r he Superintendent of Documents. Washington, D.C. Price 5 cents


Registry No. 1724--20


NATIONAL RECOVERY ADMINISTRATION: :



PROPOSED CODE OF FAIR COMPETIT'ICIJ.



GARAGE AND REPAIR SHOPS

STORAGE GARAGES AND PARKING

STATIONS INDUSTRY

AS SUBMITTED ON AUGUST 28, 1933




















ir 5








CODE OF FAIR COMPETITION UNDJIER NATIONAL INDUS-
TRIAL RECOVERY ACT FOR GARAGE AND REPAIR
SHOPS, STORAGE GARAGES, AND PARKING STATIONS


W hlereas garage andl repair shl ops, st oragee ga1'lrages, and1l pa: r ki~n g
stations foirm anl impir~itaint link in the Auitomiotivet Mnintenance
Industry, whlichl has felt thle depresse~ion more~. st\everelyi than probably
any other industry ; and
Whereas an opplortunlity is affordedil to those in the indusltr~y, and
in this particular sub~division of the indusl~try, to rehabilitate themn-
selves by the avocidan~e of unfair comlpetition and trade pra;cticecs in
the formn of price anl w~age curtting~ andc thle promiscuous granting of
trade dislounts, by the adoption of a Code of Fiair Compel~titionn
dlesignedl to effectuate! the policy of Title 1 of the National Industrial.
Recovery Act.
IARTIC'LE 1

It is her~eby dleclaredl to be the purpose of thiis Colee of Fair
Com petit ion :
1. To pr~omiote t~he organization of ouri indlustry!.
2. To further cooperative action among~ tradec gr~oups.
3. To induice and maintain unified action of labor and mannagre-
ment uinder adequate governmienltal sanctionl and supervision.
4. To eliminate unfair competitive trade practices anld to ~or~rect~
ubuses resulting~ therefromn.
5. To increase consumption by increasing pulrchasing powe..
6. To red uce a nd relieve unem ploymnen t.
ARTICLE 2--DEFINIlTIONS

For the purpose of dettermlliningr the mnea nintg of the sterns as hiieirei
set forth, the following definitions shall ap~ply w~hen used either inz
the singular or the plural:
1. The termi retailer as usedl herein is defined to mean a person,
firm, or corporation engraged in thle Retail Auitomnotive Ma~intenance
Industry in such activities as rend~r~ingq service, r~entingr sp~ace. and/or
selling ~merchandise to the public motorist--in selling service or
materials to the general public. as culstomners, andl not, in any sense for
hlis own or its own consumption, nor to others for resale.
2. The term storage garage as usedl herecin is defined to, mean
the building or buildings wherein the p~rincip~le business carried
on is that for storing for hire for varying periods of time automo-
biles or other automotive vehicles for the motoring public.
3. The term "L parking station "' as usedl herein is defined to mean
the lots or open spaces in which are stored for hire aultomnobiles or
other automotive vehicles for the public for varying periods of time.
4. The term." garage or automobile repair shop shall mean the
regularly establish ed place of business wherein such~ automobiles
or other motor-propelled vehicles are stored, maintained, kept, and
repaired and/or wherein such accessories, supplies, or parts are
furnished for automobiles or other motor-propelled vehicles.
9602-33s I 1







5. The term garage keeper shall mean any person, firmn, or
corporationn, who, for hire or reward publicly offers to store, main-
tain, keep, or repair automobiles or other motor-pr~opelledl vehicles
and/or to furnish for the purpose of resale at retail prices, accessor-
ies, supplies, or parts for automobiles or other motor-propelled
vehicles used in the transportation of plersoc-ns or mrchacl ndisese upon
or over the public: highways or sitreetst. Provided thant in mnunici-
pa'litles~ wherein are in force any laws or ordinances relative to the
regulation or licensing of said garages the above definition shall not
apply unless such garage keeper shall have been duly licensed and
Shall have complied with all lawFPs and ordinances relative to such
Iicensmgr.
6. The termn effective date shall mean the date upon which the
Code: of Fair Competition is approved\c~ by the President.
ARTICLE 3 -MEMB)ERSHIP
1. Any person, firm, or corporation actively engaged in the garange
or automnobile-repal;1i r business as definedc in Article 2 of this Code
under the term garage keeper shall be eligible to membership in
any of the subscribing trade associations.
2. Membership? in any of the subscribing trade associations shall
not be a condition precedent to engaging in the automnotive-mainte-
nance business but all1 persons engaged in such businless, wh-ether
members or nonmembers, shall be bound by the provisions of this
Code and be subject to such penalties for violation of the Code as
are prescr1ibed~: by the provisions of the Act.
ASRTICLE: 4--COLLECTI~VE BARGAINING AND UNiONSh'
1. As provided irn _Article 7a of the National Industrial Recovery
APct, it is hereby declared:
(a) That all employees shall have the right to organize and bar-
ga~in collectivelyT through representatives of their own choosing and
shall be free from the interference, restraint, and coercion of their
employers or their agents in the designation of such representatives
or in self-organization or in other concerted activities for th~e pur-
pose of collective bargaining or other mutual aid or protection.
(b) That no employee or no one seeking employment shall be
required as a condition. of employment to join any company ulnion.
or to refrain from joinmng, orgamzi7.ng, or assi;sting a labor organ-
ization of its own choosing.
(c) That employerr shall comply with the maximum hours, mini-
mum rates of pay, and other conditions of employment approved
or prescribed by the President.
2. In accordance with the foregoing paragraph, no person, firm,
or corporation under the jurisdiction of this Code shall be required
to operate under a closed-shop policy, nor shall any employee or
applicant for employment be required as a condition of emnploymentn
to join any union or other labor organization.
ARTIOLE 0 AE SCALIE AND HOURS
1. M~aximum11 howls.--On and after the effective date of this Code
of Fair Com~petition, employers in t.he Retail Automotive Mainte-
nance I~ndustry shall operate on such. schedule of hours otf labor fo







their employees as will permit of no class of employees being re-
quired to work more than a total of forty-eight (48) hours per week;
provided, however, thlat in case of necessity, arising from an eme~r-
gency, or from thle nature or character of the wor~k, or from the in-
aIbility to obtain competent labor, upon proper showing being mazde
to the National Council and its applrova~l obtained, and/or upon the
approval of the Executive Comminittee of the Division of the Inidus-
try affected, this max~imnum of forty-eight (JS) hours p~er' weeki may
be set. aside~ coLnditioned( upocn pr~ro~pr provision beipng madei7 for an
absolute max~imnum of One Thousand Tw~o Hundcrel 1F~ort-eigh
(1,'248) hours for eachI suIch empnloye~e du~ring any period of six (6i)
months, except inl the case of learniers, porterrs, car wanshers, parkilgg
attendants, tow-car~ op~erator~s, delivery~ drivers, outside. salesmen,
solicitors, foremnen, service mnanager~s, garbage floor managers~, night.
m~en and watchmlen. garagee managers, anid executives. and suchi other
classes as, from t~imle to time, with the ap)proval of the Executive
Committee of the Division involved, and.'obr th~e Nluational Clouncil
miay be provrided. whlichi shall niot bet p~ermittedl to work more thian
a total of fifty-isi (56f) hourlls per week; pr~ovid~ed, hlowTever, that in
case of emergency only, provision is miade for either skilled. or un-
skilled labor to w~or~k miore than thle resp~ectiv.e maximumn numbers of:
hours as above, for~ty-eigaht (48) fo~r skilledl labor and fifty-six (50)1
for unskilled labor, but such over-time shall be paid at the rate of
one and one third time for such overtimie.
2. An employee shall be classedl as temporary untl he shall
have worked a t~ota~l of thirty (30) dlays or part da~ys in any Lrlven
sixtyv (60) dlay period. Requiremnents as to thle maximumli numer
of hours per week shall ap~ply.
3. On and after the effective dalte of this Code of Fair Comupeti-
tion, the minimum wange that shall be paid by employers in the
Retail Automotive Maointenance Industry to any of their ~unskilled
employees, except learners, shall be at the rate of $14.00 per week.
4. For the purposes of this Code, labor in the automotive miainte-
nance industry shall be divided as follows:
1. Productive:
(a) Skilled:
1. Automobile mechanics
2. Battery men
3. Blacksmniths
4. Body workers, wood
5. Body workers, metal
6. Caarburetor mien
7. Electricians
8. Inspectors
9. Machinists
10. Painters
11. Radiator men
12. Service salesmen
13. Spring men
14. TI're men
15. Trouble shooters
16. Upholsterers
17. Welders
And other employees







(b) Unskilled:
1. Car w-ashlers
2. Grease rack mnn
3. nlechannic's helpers
4. Polishers
And other employees
2. Non-produxctive :
(a) Clericatl help
(b) Night watchmen
(c) Porters
(d) Pick up men
(e) Stock men.
And other employees
ARTICLE Ej-CHILD LABOR

Any person, firm or corporation operating under the jur~isd'iction
of this code shall not employ any person under the age of 16 years.
ARTIOILE 7
For the purpose of enforcing the provisions of this Code each sub-
scribing trade association shall have a local control committee, who
shall hear, investigate and recommend to the proper authorities for
such action as the law provides all complaints relative to any viola-
tion of the provisions o~f this code.
ARTICLE 8 -A(CcoorrTISo

All persons subject to the jurisdiction of this Code shall have
a system of accounting and shall furnish to the local control com-
mlittee any information relative to wages, hours, costs, and sales,
which shall be necessary to the making of reports as provided for
in Section 3a of the Natiolnal Industrial Recovery Act. All informa-
tion so obtained shall be held strictly confidential with the Trade
Relations Comnmittee.
AIRTICLE 9 PRICES

1. As soon as is possible, there shall be developed a uniform
flat rate price system, which shall be based on information obtained
by the National Association, which price shall carry with it a
fa~ir and reasonable profit. Such system shall be put into effect
immediately upon being approved by the National -~Industrial Re-
co~very Administration. Any sale at less than thne minimum estab-
lished price is hereby declared to be an unfair trade practice.
2. The minimum price to be charged for the storage of cars shall
be $8.00 per month for dead storage and $14.00 per month for live
storage, except that any member mayz apply to the local control com-
mnittee for leave to chargSe a sum Iower than the minimum herein
fired. Upon the approval of such application. in. writing by the
committee, the minimum fixed by the conunit~tee may then be charged
by such garag~e. The minimum price t~o be charged to customers
for chassis lubrication and/or for washing shall be $1.00 for each,
and to transient customers $1.25 for each.







3. The price to be charged for the sale of oil and/or greases shal!
be the price fixed by the major refineries in the district in wFhich
the participants in this Code are located.
ARTICLE 10--COMMBERCIAL BR~IBERY

1. The granting of gratuities, special discounts, secret rebates,
special services, or the granting of undue allowances or any other
special inducement is hereby declared to be an unfnir trade practice.
2. The solicitation or acceptance by any person, firm, or corpo-
ration under the jurisdiction of this Code fr~om any wholesaler or
manufacturer of special gratuitties. secret rebates, granting of uindue
allowances or any other special ind~ucemient is deemed to be contrary
to the purpose of the National Industrial Recovery Act, and is hereby-
declared to be an unfair trade practice.
3. Violation of any of the provisions herein shall be an unfair
trade practice.
ARTICLE 11

For the purpose of obtaining the greatest solidarity in this in-
dustry, in ordler that thle mainsmumn benefits of the National In-
dustrial Recovery Act and of this Code be achievedl, it is the declared
purpose to beconie a member of the subdivision of garage and repair
shops, storage garages, anid parking stations of thle National Auto-
motive Maintenance Association and to be guided by the rules and
regulations as set forth by said Association for the control, opera--
tion, and interpretation of' the various prov-isions of this Codec.
ARTICLE 12 iAMEN'D1\ENTS

1. WYhenever it shall be necessary to amnendl this Code, due to a
change in conditions, such amendment shall be investigated by the
National Association and upon approval shall then be sent to thme
National Recovery Administration for its approval. Upon the ap-
proval of the National Industrial Recovery Administration, such
change shall then become par't of the original Code.
2. This Code or any provision thereof or any amendment thereof,
shall be canceled or modified to conform with any rule, regulation,
or order issued by the National Industrial Recovery Admlinistration.
ARTICLE 13--EXPENSES

All expenses in the administration and enforcement of this Code
shall be prorated among the parties subject to the jurisdiction of
this Code.




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