Amendment to code of fair competition for the cork industry as approved on April 13, 1935

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Material Information

Title:
Amendment to code of fair competition for the cork industry as approved on April 13, 1935
Portion of title:
Cork industry
Physical Description:
5 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Cork industry -- Law and legislation -- 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:
"Approved Code No. 199--Amendment No. 3."
General Note:
"Registry No. 308-1-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930304
oclc - 643338954
System ID:
AA00007681:00001

Full Text

UNIlV. OF- FL LIA.


IAr 41 ..

U.S. DEPOMTORY


Roerls by the Superintendent orDocumenta Washinglea. D.tL Price 5cense


Approved Code No. 199--Amendment No. 3


Registry No. 308-1-01


NATIONAL RECOVERY ADMIINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


CORK INDUSTRY


AS APPROVED ON APRIL 13, 1935


WtE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WALSHINGTON s 1935


























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Approved Code No. 199--Amendment No. 3


AMENDMENT: TO CODE OF FAIR COiMP]ETITIION
FOR THE

CORK INDUSTRY

As Approved on April 13, 1935


ORDER

APRenovisa AMCENDM1ENT OF CODE1 OF FAIR COMPET;r- ITIN FOR THIE CORKI
INDUSTRY
AIn application having beenl duly made purllua~nt to and in full
compliance with t~he prlovisionls of Tfitle I of the ~National Indulstrial
Recoverly Act, alppr~oved June 16, 19:33, for approval of an Amendr1~-
mnent to a Code of F~air Comipetition for the Cork Industry\ andl an
opportulnity to be heard having been duly affordled thereon and the
annexedl rep~o~t, on said Amendment, containing finlinlgs with. retspcct,
thler~eto, hav~ing been made and dlirec~tedl to the Pr~esjident:
NOW\, T'HERFORE, on behalf of the President.lt of the United
States, thie rNationail Industrial Recover~y Board~, pursuant to author-
ity vestedl in it by Exec~utive Orders of the Pre~sident, includ~ingr Exec-
utive Order No. 685i9, datedl Septembere l 27i, 1934. and otherwise, dloes
hereby incorporate by refer~ence said anlnexed report and does finid
thiat saidl Amnendmeint and the Code as constitutedl after bein~r
amendedl comlply in all respects with th~e per~tinent p~rov\isions~i and will
promote the policy and purposes; of saidi Title of said Act, andi does
hiereby order that said Amnendmlent be andi it is hiereby approved,
and the previous app~roval of saidl Code is hercby amlended to in-
cluide an approval of s~aid Code in its entir~ety as amlendled, sucht ap-
proval and such amlendmnent to take effect twenty (20) days fr~om
the date hereof, unless giood cau~se to the contrary is sh~own~ to the
National Indrustriail Recoeryr BIoarId before that timne and the: Na-
tional Indusrltrial Recovery~ Board issues a subsequentt order to that
effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAeN, 9tl~idis~i;tr~ative OIfeer.
Appro'val r~ecomlmended:l
RonT. N. C1AMPBELL,
Ac~ting~ Divisionl A~dministrator.i
\YASHIINGTON,, D. C.,
April 1.3, 19~35.
128910)"--1740-36-35 Il l












REPORT TO THI3E PRESIDENT


The PRESIDENT,
Th~e W/thite Hjouse.
SmR: ALn application hnas been duly made pursuant to andc in fuill
compliance with, the provisions of the `National Industr~ial Recovery
AcQt, for amnendmrent to the Code of F~air Clompetition for t~he Cork
Industry, submitted by thne Code Auth~ority for said Industry.
The pur'pose and effect of the deletion and amendment as submit-
ted are to r~evise the Code in conformity with the standard require-
ments for chiild labor and hazardous occupations; and for the inser-
tion in thne Code of the standard mnandlatory clauses for the basis
of assessment and contribution by members of thle Industry to the
expenses of administering the Codle for. the Cork Industry.
FINDINGS

The Assistant D~eputy Administrator in his final report to the
National Indu~strial Recovery Board on said unmendlment to said Code
having found as herein set Forth and on the basis of all the proceed-
ings in this matter:
The Board finds that:
(a) The amendment to said Code and thle Ciode as anmended are
well designated to promote the policies and purposes of Title. I of
the N~ational Ind~ustrial Recoveryr Act including the removal of
obstrrct~ions to the free flow of interstate and foreign commerce
whichI tend to diminish the amlount thereof and will provide for the
gePneral welfare by7 prmotingr the organization of Indlustry for the
purpose of cooperative action among trade groups, by indlucing andi
maintaining united action of labor and management under adequate
governmental sanction and suplervisioni, by eliminating unfair com-
petit~ive. practices, by prmoting the fullest possible utilization of the
present. productive capacityS of the industries, by avoidling undue re-
striction of production (except as may be temporarily required),
by increasing the consumrption of industrial and agricultuiral prod-
acets through increasing pulrchasingr power, by redcingil and relieving
unemployment, by improving standards of Inbor, and by otherwise
rehabilit~atinea industry.
(b) The dbde as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7, and
sub-section (b) of Section 10 thereo~6f.
(c) T~he amendments and the Code as amlende~d are not designed to
and will not permit-monopolies or monopolistic practices.
(d) The amendment anid the Code as amended are not designed
to and will not elimnina-te or oppress small enterprises and will not
operate. to discriminated against them.








(e) Thlose engaged in other steps of the economic process have not
been deprived of the righlt to be h~eardl prior to approval of said
amendmnt.nt
For these reasons, th~erefor~e, said amnendmlent has been approved.
For the Nlrational Indius-tl~rl Recovery BoardZ:
W. A. HARRIK6AN,
Admllinlistrative Of)Ecer.
APRIL 13, 1_935.












AMENDMhENT TO CODE OF FAIR COMPETITION FOR
THIE CORK~ INDUSTRY:

Delete Section 1 of Article V in its entir~ety~, which is as follows:
SECTION 1. NO person, under sixteen (16) years of age shall be
employed in the Industry. No person undler eighteen (18) years of
age shall be employed at operations or occupations which are haz-
ardous in nature or dangerous to health. In anly State an employer
shall be deemed to have complied with this pr~ovision as to age if
he shall have on file a certifiente or permit duly signed by the Au-
thority in. such State empowcer~ed to issuer employmnt~n or age cer-
tifica~tes or permits showing that the emnployee is o~f the required age."
Insert as new Section 1 of Ar~ticle V' the following:
SCEeTINo 1. No person under sixteen (10) years of age hall be:
emlployedr in this Industry in any' capacity. No person undler eighteen
(18) years of ag~e shall be emlployed at operations or occupations
which. are hazardous in nature or dangerousor to health. The Code
Aulthorlity shall submit to the National Indlustrial Recovery Boarrd
for approval within ninlety (90)) days after the effective dlate of
thiis amiendmlent, a, list of such op~erationls or occupations and upon
approval by the Nationlal Industr~ial Recov~r B3onrdc such list shall
become effective as a part, of thiis Code. InI any State anl employer
shall be deemiedl to have comnpliedl with this provision as to age if he
shall have on file a validl certificate or permit duly signed by the:
auithority- in. sutch State empow-ered to issue employment or age
cer~tifiuede or permits, showing thant the employee is of the required
age.
Delete Section 3(ga) of Alrticle V'I in its entir~ety, which is as
follows :
"(g(r) To allocate asseissme~nts nmiong the divisional groups of the
Institute and to collect fromn those members of the Industry par-
ticipating in the activities of the Clode Authorityr an equitable and
prOloportionate share of the reasonable exp~enses of mlaintainin~g the
Codle Aulthlority3 and its activities."~
Insert as new Section 3 (g) of Article VI the follow-ing:
(g) It being found necessa~ry~ in o~rder to support thle admninistr~a-
tion of this Codle and to maintain the standards of fairi competition
estab~lished~ hereunder and to effcctuantee the policy of the Act, the
Code Aulthor~it~y is aulthorizedl:
(1) TCo incur such r~easonable obligations as are necessary~ and
proper for the foregoingr purposes, and to meet such obligations out
of funds which mlay be raised as hereinafter provided and which
shall be held in trust for the purposes of the C'ode;
(2) To slubmit to the National Industrial Recovery B~oardt for its
approval, subject to suchi notice and opportunity to be heard as it
m~ay deemn necessary (a) an itemized budget of its estimated ex-
penses for the foregoingf purposes, and (b) an equitable basis upon








which the funds necessary to support suIch buldget lhall be contributed
by members of the Indulstry;
(3) After such budget an~d basis of contribution have been ap-
proved by the National Industrial Recoelry Board, to determine and
obtain equitable contribution as above set forth by all members
of thle Industry, and to that end, if necessary, to institute legal
proceedings therefore in its owtn name.
(4) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Ajuthlor-
ity, determined as hereinabove provided, andi subject to rules and
regullationss pertaining thereto issued by the N~uational Industrial Re-
covery Board. Only members of t~he Indurstry complyingr witi thle
Code and contributing to the expenses of its administration as herein-
abovle provid-ed, (unless duly exempted fromt making such contribu-
tions,) shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make urse of any emblem~ or insignia of the National
Recovery Admninistration.
(5) The Code Authority shall neither inicur nior pay any obliga-
tion substantially in excess of the amount thereof as estimated in its
approved budget, and shlall inl no event exceed the total amount
contained in th~e approved budget, except upon approval of the
National Industrial Recoveryv Board; and no sulbsequent budget
shall contain any deficiency itemi for expenditures in excess of prior
budget estimates except those which the National Industr~ial Recov-
ery Board shall havle so approved.
Approved Codle No. 100-mendlment No. 3.
Itegistry No. 308-1-01.




UNIVERSITY OF FLORIDA
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