Approved Code No. 72-Amendment No. 2 Registry No. 1399-30
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
INDUSTRY AND TRADE
AS APPROVED ON FEBRUARY 18, 1935
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Approved Code No. 72-Amendment No. 2
Registry No. 1399-30
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Approved Code No. 72-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
PACKAGING MACHINERY INDUSTRY AND TRADE
As Approved on February 18, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION MOR THE
PACKAGING MACHIINERY INDUSTRY AND TRADE
An application having lIbet( duly made pursuant to and in full
complinnrce with the provisions of Title I of the NationIl Industrial
Recovery Act, approved June 16, 19:33, for approval of an amend-
ment to the Code of Fair Competition for the Packaging Machinery
Industry and Trade, and a hearing having been duly held thereon
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President:
NOW, THEREFORE, mn behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859. Idted September 27, 1934, and other-
wise; does hereby incorporate, by reference, said annexed report and
does find that said anmendiient and the Code as con itituted after
being amended 'comply in all respects with the pertinent provisions
and will promote the policy and purposes of said Title of said Act,
and does hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety :is
NATIONAL INDU TRIAL RECOVERY BOARD,
By W. A. HARRIMAN, .Admini,;./rative Officer.
BARTON W. MURRAY,
Division .A dim i; ,it/ rator.
WAASHINGTON, D. C.,
February 18, 1935.
REPORT TO THE PRESIDENT
The White House.
SIp.: This is a report on an amendment of the Code of Fair Com-
petition for the Packaging Machinery Inlduistry and Trade, approved
October 31, 1933, and ame lnded July 17, 1934, to amplify and clarify
the definition of the Industry, and to add certain provisions to the
Articles of the Code relating to Employment, Wa;IL.-, Hours, State
Labor Regulations and Activities of the Code Authority. The
amendment was proposed by the Code Authority for said Industry.
This amendment is designed to replace Section 1, Article II; Sec-
tion 1 (d), Article VII: and Article IX; and to add Sections 2
and 3 to Article V; Section 1 (e) to Article VIII; and Sections 5 and
6 to Article X. A hearing on this amendment was held July 26,
1934. No objections were received.
The Deputy Administrator, in his final report on said am-ienilment,
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
The National Indu-trial Recovery Board finds that:
(a) The amendment to said Code and the Code as amended are
well dvi-imned to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry, for the purpose
of cooperative action of labor and mangament under adequate gov-
ernmental sanction and supervision, by eliminatingii unfair competi-
tive practices, by promoting the fullest possible utilization of the
pre-nt productive capacity of industries, by avoiding undue restric-
tion of production, by inir-rc.ing the consumption of industrial and
agricultural products through increasing )purclia. ii g power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise re1r;bilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Silbi-crtion (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to pret.it the afore-
said amendment on behalf 'of the Industry as a whole.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed to
and will not elininaitte or oppress nia ll enterpri-se and will not oper-
ate to dis(riminilat against them.
(f) Those einga;ied in other steps of the economic process have
not been deprived of the right to be ]heard prior to approval of said
For these reasons, therefore, the amendment has been approved.
For the Nltional Industrial Recovery Board:
W. A. HARRInM.1N,
Adini ;trailve Officer.
FEBRUARY 18, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PACKAGING MACHINERY INDUSTRY AND
ARTICLE II-THE INi'.-'IHY AND TRADE
Amend Section 1 to read as follows:
"The term packaging machinery industry ', as used herein, is
defined to mean the manufacture of power-driven automatic and
semiautomatic or hand or foot operated machinery and/or equipmetnti
and parts thereof used in the manufacture of packages (except ma-
chinery and/or equipment for the manufacture of glass, wood and
metal packages specifically included under codes of fair competition
approved by the President) and nailing machines and machinery
and/or equipment and parts therefore used in packaging processes
and/or in the preparation of products for shipment, and such other
related machines and/or equipment as may be incorporated in the
definition of the industry upon approval of the President."
Number sole paragraph in Article V as Section 1 and add Section
2 to read as follows:
SECTION 2. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code."
Add Section 3 to read as follows:
SECTION 3. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards of safety and health shall be tul mitted by the
Code Authority to the National Indi trial Recovery Board within
six months after the effective date of this amendmentt"
Amend Section 1 (d) to read as follows:
"A person whose earning capacity is limited because of age or
physical or mental handicap or other infirmity may be employed on
light work at a wage below the minimum established by this Code
if the employer obtains from the State authority designated by the
United States Department of Labor a certificate authorizing his
employment at such wage, and for such hours as shall be stated
in the certificate. Each employer shall file monthly with the Code
Authority a list of all such per.ons- employed by him, showing
the wage paid to, and the maximum hours of work for, .such
Add sub-sectiin 1 (e) to read as follows:
"For the purposes of providing fact !l information on the effects
of the hours and wages provisions of this Code, each member of
the Industry and/or Trade shall report to the Code Authority for
the information of the National Industrial Recovery Board such
statistics as the National Industrial Recovery Board may require."
ARTICLE IX-STATE REGULATIONS
Amend Article IX to read as follows:
"No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, or insurance, or fire protec-
tion, than are imposed by this Code."
ARTICLE X-CODE AUTHORITY
Add Section 5 to read as follows:
Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority be liable in any manner to anyone for
any act of any other member, officer, agent or employee of the Code
Authority. Nor shall any member of the Code Authority, exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own wilful malfeasance or non-feiaance."
Add Section 6 to read as follows:
"If the National Industrial Recovery Board shall at any time de-
termine that any action of a Code Authority or any agency thereof
may be unfair or unjust or contrary to the public interest, the Na-
tional Industrial Recovery Board may require that such action be
suspended to afford'an opportunity for investigation of the merits
of such action and further consideration by such Code Authority or
agency pending final action which shall not be effective unless the
National Industrial Recovery Board approves or unless it shall fail
to disapprove after thirty (30) days' notice to it of intention to pro-
ceed with such action in its original or modified form."
Approved Code No. 72-Amendment No. 2.
Registry No. 1390-30.
UNIVERSITY OF FLORIDA
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