Registry No. 1415--02
NATION AL RE COV ERY AD MI N ISTRATIO N
PROPOSED CODE OF FAIR COMPETITION
UNIV. OF FL LIB.
DOCUEM ~NTS DEPT
The Code for the Drive-It-Yourself 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
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
For-~sleb thLe Balperintendent of Documents, Washington, D.C. - Price 5 cents
AS SUBMITTED ON AUG UST 31, 1933
WE DO OUR PARlT
AMERICAN DRIVURSELF ASSOCIATION
To effectuate the policy of Title I of the National Industrial Rec~ov-
ery Act, during the period of the emergency, by reducing and relieving
unemployment, improving the standards of labor, eliminating comi-
petitive practices destructive of the interest of the public, employees,
and employers, relieving the disastrous effect of overcapacity, and
otherwise rehabilitating the Drive-It-Y'ourself Industry, and by
increasing the demand for the services rendered by the Drive-It-
Yourself Industry, by increasing the purchasing power, and in other
respects, the following provisions are established as a code of fair
competition for the Drive-It-Yourself Industry.
I. Dejinition.--The term Drive-It-Yourself Industry as used
herein is defined to mean the renting, leasing, or otherwise letting under
bailment agreements, motor vehicles adopted for the transportation
of persons and property under such arrangements as require the bailee,
lessee, or renter to drive or operate the motor vehicle himself or to
provide, at his own cost and expense, his driver, chauffeur, or operator.
The term "effective date" shall mean the Second 1\Ionday after
the approval of this code by the President. The term "persons"
shall include all natural persons, partnerships, firms, associations, and
corporations. The term employeese" shall include all persons em-
ployed in the various operations incident to the Drive-It-Yourself
II. On and after the effective date the mninimuml wages per week
that shall be paid by the employers of the Drivre-It-Y'ourself Industry
to any of their employees shall be as set forth in the following schedule:
Cities of Cities of Cities of
itsof 250,000 to 2,500 to loss than
ove 50,00500,000 250,000 2.500 popu-
population population) population lation
North of the Mason-Dixon Line and the westward ex;- Per w~eek Per weeck Per wleek; Per wleek
tension thereof.......~~.....~.._....~................. 415. 00 $14. 50 $14. 00 $12. 00
south of the Mason-Dixon Line and the westward ex-
tension thereof.........~~.....~.-.............._........ 12. 00 11.00 10. 00 0 00
III. Whereas the Drive-It-Yourself Industry is engaged in the
business of renting or leasing motor vehicles without drivers to the
public, and whereas it is necessary in the conduct of said busies tlo
have the stations where the service is furnished and maintained open
seven (7) days per week and twenty-four (24) hours per day, and
whereas a large portion of the hours of employment in the Drie-~It-
Yourself Industry are inactive employment but nevertheless necessary
to furnish emergency service and maintenance, it will be necessary to
recognize these conditions which are peculiar to the industry. Now,
therefore, on and after the effective date, employers of the Drive-It-
Yourself Industry shall not operate on a schedule of hours of labor
for their station employees receiving less than thirty-five (835.00)
THE DRIVE-IT-YOURSELF CODE
dollars per week, in excess of fifty-six (56) hours per week; with the
exception of maintenance repairmen, for whom the schedule of hours
of labor shall be not in excess of forty-eight (48) hours per week, and
bookkeepers, stenographers, and secretaries, for whom the schedule of'
hours of labor shall be not in excess of forty (40) hours per week.
For the purposes of this Code classification of the employees in the
Drive-It-Yourself Industry is as follows:
Classifieation of Employees: of Labor
Station Managers or Countermen_ ... ....... _....._.. 56
Emergency Mlaintenance Men. .. ... ... .. ..... 56
Checkers, Washers, Greasers, Helpers...... ...... .............._ 56'
Maintenance Repairmen __.. ._... _... .. .. 48
Bookkieepers, Stenographers, Sec retaries.. ........... ............ __ __ __ 40
In further consideration of the emergency conditions which are
peculiar to the Drive-It-Yourself Industry, it is understood that the
maximum hours of labor may exceed the maximum set forth in the
Schedule contained herein for any one w~eek; provided, however, that
in such case the average number of hours per week for any six-month
period and for any of the employees of the Drive-It-Yourself Industry
classified herein shall not exceed the maximum hours per week for each
classification provided for herein.
IV. On and after the effective da.te, all the employers agree not to
reduce the compensation for employment which is now in excess of
the minimum wages hereby agreed to (notwithstanding that the hours.
worked in such employment may be hereby reduced) and to increase
the pay for such employment by an equitable readjustment of all
pay schedules, such readjustment of pay schedules to be based on
those in effect, immediately prior to the passage of the National
Industrial Recovery Act.
IV. On and after the effective date, employers of the Drive-It-
Yourself Industry shall not employ any minor under the age of six-
teen (16) years.
VIZ. Wt~ith the view of keeping the President informed as to the
observance or nonobservance of this code of Fair Competition and
as to whether the Drive-It-Ylourself Industry is taking appropriate
steps to effectuate the declared policy of the National Industrial
Recovery Act, each person, firm, or corporation engaged in the Drive-
It-Y'ourself Industry shall furnish bimonthly, to the Drive-It-Yourself
I[ndustryT Commlittee (on such forms as may be hereafter provided),
duly certified reports showtinga in substance the actual hours worked
by the various occupational groups of employees and the minimum
weekly rate of wages.
VII. To further effectuate the policy of the National Industrial
Recovery Act, the Drive-It-Y'ourself Industry Committee, the appli-
cant herein, and such successor Committee or Committees as may
hereafter be constituted by the action of the Drive-It-Y'ourself
Industry is set uip to cooperate with the Administrator as a planning
and fair practice agency for the Drive-It-Y'ourself Industry. This
Committee shall consist of five (5) members of the Drive-It-Yourself
IndustryT to be elected by the Board of Directors of the American
Drivurself Association and three (3) members without vote to be
appointed by the President of the United States.
Such agency mayv, from time to time, present to the Administrator
recommendations based on conditions of the Industry as they may
develop, from time to time, which wrill tend to effectuate the operation
of the provisions of this code and the policy of the National Industrial
Recovery Act, and in particular along the following lines:
(a) Recommrendations as to the requirements by the Admninistrator
of such further reports from persons engaged in the Dr~ive-It-Y'ourself
Industry of statistical information and keeping of uniform acco un ts as
may be required to secure the proper observance of the Code.
(b) Rcormmennda.ionsr for t~he settings up of a service! bureaul for the
collection and distribution of engineering, accounting, and credit
information, and otherwise aiding the smaller operators in meeting
the conditions of the emergency and the requirements of this Code.
(c) Recommiendations (1) for the: requirement by the Admiinistra2tor
of registration by persons engaged in the Drive-It-Y'ourself Industry ;
(2) for the requirement of t~he Admlinist~rator that prior to t~he entry of;
additional persons, firms, associations, partnerships, or corporations,
as employers in the Drive-It-Yourself Industry, such persons, firms,
associations, partnerships, or corporations shall register with the Ad-
ministrator their agreement to abide by and effectually carry out the
terms of this Code in effectuating the policy of the National Industrial
Recovery Act during the period of emnergency.
(d) Recommendations for changes in, or exemptions from, the.
provisions of the Code as to the working htours and wgescral ewhchvr
will tend to effectuate thle policy of the Ntoa nutilRcvr
(e) Recommendations for the making of requirements by the Ad-
ministrator as to prac tice by persons engaged in the Drive-I t-Yourself
Industry, as to methods and conditions of trading, the naming and
reporting of prices which mlay be appropriate to av-oidl discrimination,
to promote the stabilization of the Industry, t~o prevent and elimiinate
unfair and destructive competitive prices and practices.
(f) Recommendations as to the making available to the various
persons engaged in the Drive-It.-Yourself I[ndustryv of information
regarding credit and actual functioning of any or all of the conditions
of the Code, the conditions of the Industry and t~he operations of any
and all of the members of the Industry covered by such Code to the
end that during the period of emergency credit information mayg be
adapted to the needs of such industry considered as a whole and to
the needs of the small as w\ell as the large units.
(g) Recommendations for dealing with any inequalities that maay
otherwise arise to endanger the stability of the Indust~ry and of service
and employment. Such recommendations, when approved by the
Administrator, shall have the same force and effect as any other
provisions of this Code units.
Such agency is set up also to cooperate with the Administrator in
making investigations as to the functioning and observance of anty of
the provisions of this Code, at its own instance or on complaint by
any person affected and to report the same to the Administrator.
VIII. Where the costs of performing contracts entered into in the
Drive-I[t-Y'ourself Industry prior to the presentation to Congress of
the National Industrial Recovery Act are increased by the application
of the provisions of that Act to the Industry, it is equitable and in
furtherance of the purposes of the Act that appropriate adjustments
of such contracts to reflect such increased costs be arrived at by arbi-
tral proceedings or otherwise, and the Drive-It-Yourself Industry
Committee, the applicant for this Code, is constituted an agency to
assist in effecting such adjustments.
IX. Employers in the Drive-It-Y'ourself Industry shall comply
with the requirements of the National Indust~rial Recovery Act as
follows: (1) That employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
and shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such representa-
tives or in self-orge.nization or in other concerted activities for the
purpose of collective bargaining or other mutual aid or protection;
(2) That no employee a~nd no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from jomning, orgamizmg, or assisting a labor organization of lus own
choosing; a~nd (3) That employers shall comply with the maximum
hours of labor, minimum rates of pay, and other conditions of em-
ploymlent approved or prescribed by the President.
X. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provision
of Clause 10 (b) of the National Industrial Recovery Act, from time
to time, to cancel or modifyv any order, approval, license, rule, or
regulation, issued under Title I of said Act, and specifically to the
right of the President to cancel or modify his approval of this Code or
any conditions imposed by him upon his approval thereof.
XI. Such of the provisions of this Code as are not required to be
included therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in circumstances or experience may indicate. It is contemplated that
from time to time supplementary provisions of this Code or additional
codes will be submitted for the approval of the President to prevent
unfair competition in price and other unfair and destructive competi-
tive practices and to effectuate the other purposes and policies of
Title I of the National Industrial Recovery7 Act consistent with the
AMLERICAN DarVURSELF ASSOCIATION,
By A. J. SHAUGHNESSY', Secretar~y.
UNIVERSITY OF FLORIDA
3 1262 08855 5569