Supplementary code of fair competition for the steel tire manufacturing industry (a division of the machinery and allied...

MISSING IMAGE

Material Information

Title:
Supplementary code of fair competition for the steel tire manufacturing industry (a division of the machinery and allied products industry) as approved on April 23, 1934
Portion of title:
Steel tire manufacturing industry
Physical Description:
7 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:
Steel tires -- Law and legislation -- United States   ( lcsh )
Tire 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:
"Registry No. 1414-09."
General Note:
"Approved Code No. 347--Supplement No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004921963
oclc - 639933257
System ID:
AA00007748:00001

Full Text


. Approved Code No. 347-Supplement No. 1
IF:: i-
,:*


Registry No. 1414-09
,I


NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE


STEEL TIRE

MANUFACTURING INDUSTRY
(A Division of the Machinery and Allied Products Industry)


AS APPROVED ON APRIL 23, 1934


r DO OUR PART


Ii I
pf /


UNITED STATES '
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


Sby the nde of Domen W nton D.CPre cent
fte sle by the Superdntendent of Documents, Washlgton, D.C. - Price 5 centa

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham. Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Bnffalo, N.Y.: Chamber of Commerce Building.
Charleston. S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706. 201 North Wells Street.
Cleveland. Ohio: Chamber oif Commerce.
Dallas. Tex.: Chamber of Commerce Building.
Detroit. Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianalolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kalnsas City. Meo.: 102S Baltimore Avenue.
Los Angele". Calif.: 1163 South Broadway.
Louisville. Ky.: 40S Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Milin.: 213 Federal Building.
New Orleans. La.: Room 225-A, Customhouse.
New York. N.Y.: 734 Customhouse.
Norfolk. Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh. Pa.: Chambler of Commerce Building.
Purtliidl, Oreg.: 215 New Post Office Building.
St. Louis. Mo.: .506 Olive Street.
San Frniilisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.











Approved Code No. 347-Supplement No. 1


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

STEEL TIRE MANUFACTURING INDUSTRY

As Approved on April 23, 1934


ORDER

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE STEEL TIRE
MANUFACTURING INDUSTRY
A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Supple-
mental Code of Fair Competition for the Steel Tire Manufacturing
Subdivision of Machinery and Allied Products Industry, and hear-
ings having been duly held thereon and the annexed report on said
Supplemental Code, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Supplemental Code complies in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act; and do hereby order that said
Supplemental Code of Fair Competition be and it is hereby approved
on condition that the Steel Tire Manufacturing Association shall
amend its Articles of Association and By-Laws to the satisfaction
of the Administrator on or before April 27, 1934, as provided in the
Executive Order of approval of the Code of Fair Competition for the
Machinery and Allied Products Industry as approved on March
17, 1934.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. R. GLANCY,
Division Administrator.
WASHINTON, D.C.,
April 23, 1934.
54403"---482-147-34 f 1












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Supplemental Code of Fair Competi-
tion for the Steel Tire Subdivision of the Machinery and Allied
Products Industry, Public Hearing having been conducted thereon
in Washington, D.C., December 21, 1933, in accordance with the
provisions of Title I of the National Industrial Recovery Act.

GENERAL STATEMENT

The American Steel Tire Manufacturers Association being truly
representative of this Subdivision of the Machinery and Allied
Products Industry, has submitted a Supplemental Code of Fair
Competition to the Basic Code for the Machinery and Allied Prod-
ucts Industry, approved by you March 17, 1934. The Steel Tire
Industry is a capital goods industry and is engaged in the business
of manufacturing and selling locomotive and railroad car wheel
tires, other annular weldless rolled steel sections, and steel tired
wheels for railroad, railway and,'or industrial use.

ECONOMIC EFFECT

This Subdivision suffered noticeably from the effects of the
depression as follows:
The value of production dropped from $11,727,000 in 1929 to
$5,080,000 in 1933, or a decrease of 56.7 per cent.
Average employment dropped from 1406 persons in 1929 to 1027
persons in 1933 or a decrease of 26.9 per cent.
Payrolls in 1929 amounted to $2,372,224 and $991,518 in 1933, a
decrease of 58.1 per cent.
The average weekly earnings for factory workers in 1929 were
$33.87 and $16.92 in June 1933, a decrease of 50.2 per cent while office
employees weekly earnings declined from $34.43 in 1929 to $28.43 in
1933, a decrease of 17.4 per cent.
Average hours per man per week for factory workers in June, 1933,
declined ;:17.5 per cent from 1929, and average hourly earnings de-
clined 20.4 per cent during the same period. However, an improved
demand, partially due to railroad purchase orders made possible by
Public Works Administration loans, is indicated for the current
year.
The Supplemental ('ode will increase factory employment about
8.9 per cent.
The effect of the geographical differential in the proposed mini-
mum wage rates will be to establish an average minimum for the
Subdivision of 37.6 cents per hour.








FINDINGS

The Assistant Deputy Administrator in his final report to me on
said Supplemental Code having found as herein set forth and on
the basis of all the proceedings in this matter:
I find that:
(a) Said Supplemental Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions 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 organi-
zation of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of in-
dustries, by avoiding undue restriction of production (except as may
be temporarily required), by increasing the consumption of indus-
trial and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating industry.
(b) Said Subdivision normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant group is an industrial group truly representative of the
aforesaid Subdivision of the Industry; and that said group imposes
no inequitable restrictions on admission to membership therein.
(d) The Supplemental Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elimi-
nate or oppress small enterprises and will not operate to discriminate
against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Supplemental Code.
SFor these reasons, therefore, I have approved this Supplemental
Code; on condition that the American Steel Tire Manufacturers
Association shall amend its Articles of Association to the satisfaction
of the Administrator on or before April 27, 1934, as provided in the
Executive Order of approval of the Code of Fair Competition for
the Machinery and Allied Products Industry as approved March 17,
1934.
Respectfully,
HUGH S. JOHNSON,
Administrator
APRIL 23, 1934.












SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE STEEL TIRE MANUFACTURING INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are established as a Supple-
mental National Industrial Recovery Code for the Steel Tire Manu-
facturing Subdivision of the Machinery and Allied Products Indus-
try, and taken together with the National Industrial Recovery Code
of Machinery and Allied Products Industry, to which it is a Supple-
ment, shall be the standard of fair competition for this Subdivision,
and shall be binding on each employer therein.

ARTICLE II-DEFINITIONS

"Applicant means the American Steel Tire Manufacturers As-
sociation, the address of which is 30 Church Street, New York City,
New York, a trade organization, all members of which are engaged
in the manufacture for sale of the products of the Steel Tire Manu-
facturing Subdivision of the Machinery and Allied Products Indus-
try, which organization is truly representative of this Subdivision.
Industry means the Machinery and Allied Products Industry,
as defined in its National Industrial Recovery Code as approved by
the President, and as such definition may from time to time be
amended.
Subdivision means the Steel Tire Manufacturing Subdivision
of the Machinery and Allied Products Industry as defined and set
forth in Article II of the National Industrial Recovery Code of the
Machinery and Allied Products Industry as follows:
"Steel Tire Manufacturing Subdivision means and includes only
the business of manufacturing and selling locomotive and railroad
car wheel tires, other annular weldless rolled steel sections, and
steel tired wheels for railroad, railway and 'or industrial use."
Code" means the National Industrial Recovery Code of the
Machinery and Allied Products Industry, as approved by the Presi-
dent, and as from time to time amended.
Person means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee in bankruptcy, a receiver
or other entity.
Employer means any person engaged in this Subdivision of the
Industry either on his own behalf or as an employer of labor.
Employee means any one who is employed in the Subdivision
by any such employer.
The Act means Title I of the National Industrial Recovery Act.








"The President" neans the President of the United States.
"The Administrator" means the Administrator for Industrial
Recovery.
Basic Code Authority" means the Code Authority for the
Machinery and Allied Products Industry as constituted in the
Code.
Code Authority means the Code Aitthority constituted for this
Subdivision as provided by the Code and by this Supplemental
Code.

ARTICLE III-AnorPTION OF EMPLOYMENT PROVISIONS OF CODE
The following Articles of the Code, viz: Article III, Hours";
Article IV, Wages and Article V, General Labor Provisions ",
are hereby made a part of this Supplemental Code, with the same
effect as if they were written into this Supplemental Code.

ARTICLE IV-ADOPTION O OTHFF a PROVISIONS OF CODE
The following Articles of the Code, viz: Article VI, "Administra-
tion to the extent that it shall be applicable to the administration
of this Supplemental Code as such or as it may hereafter be admin-
istered as an autonomous Code; Article VIII, Modification and
Termination "; Article IX, Withdrawal "; Article X, Monopo-
lies" and Article XI, Effective Date.", are hereby made a part
hereof with the same effect as if they were written into this
Supplemental Code.

ARTICLE V '-ADMINISTRATION

(a) A Code Authority for this Subdivision is hereby constituted
to administer, supervise and facilitate the enforcement of the Code
and of this Supplemental Code, in the manner and to the extent
provided in the Code and in this Supplemental Code. Such Code
Authority shall consist of:
(1) The Board of Directors of American Steel Tire Manufac-
turers Association, consisting of four members.
(2) One additional member to be elected in any fair manner with
the approval of the Administrator, by employers in this Subdivision
entitled. to vote thereon, as hereinafter provided, who are not mem-
bers of the Applicant, if so desired by such non-members.
(3) The Administrator may in his discretion appoint one addi-
tional member (without vote and without expense to the
Subdivision).
(b) Code Authority may adopt rules and regulations to govern
its procedure and employ such personnel as it may deem necessary.
(c) Any employer in this Subdivision shall be eligible for mem-
bership in American Steel Tire Manufacturers Association.
(d) Any employer shall be entitled to vote, subject to the pro-
visions of Section (a) of this Article, at the election of the elec-
tive member of Code Authority and at other meetings of employers
and share in the benefits of the activities of Code Authority and may
1 See paragraph 2 of order approving this Code.







participate in any endeavors of Code Authority in the preparation
of any amendments or revisions of or additions or supplements to
this Supplemental Code by paying or agreeing to pay as and when
assessed his or its proper pro rata share of the cost of preparing,
submitting and administering this Supplemental Code, as determined
by Code Authority. The cost of preparing, submitting and adminis-
tering this Supplemental Code shall be borne by employers pro
rata in the proportions that the amount in dollars of the yearly
average net sales of Products of the Subdivision made by the respec-
tive employers during the five preceding calendar years bears to
ihe aggregate of the amount in dollars of the yearly average net
sales of Products of the Subdivision made by all employers during
such five preceding calendar years.
(e) Action by employers at any meeting of employers, except at
a meeting called under Section (a) (2) of this Article, shall be
by vote of the employers entitled to vote threat as provided in
Section (d) of this Article cast concurrently in each of the two
following methods:
1. By one vote of each employer.
2. By vote of employers weighted on the basis of one vote for
each $50,000 of the yearly average net sales of products of the
Subdivision of each employer during the preceding five calendar
years, as reported to Code Authority, to be computed at the 'begin-
ning of each calendar year and to apply throughout the then cur-
rent calendar year. Each employer shall be entitled to at least one
such weighted vote.
All questions as to the number of votes which each employer
entitled to vote shall be entitled to cast at any meeting of employers
shall be determined by Code Authority. At meetings of employers
each employer entitled to vote may vote either in person or by
proxy in writing duly executed by such employer and filed with the
Secretary of the meeting. Except as otherwise provided in this
Supplementary Code any action taken at any meeting of employers
shall be by the concurring vote of employers entitled to cast at least
a majority of all the votes, computed in each of the two methods
hereinabove provided that might be cast, at the meeting if all the
employers entitled to vote were present threat.
Sf) If formal complaint is made to Code Authority that provi-
sions of this Supplemental Code have been violated by any employer,
the Code Authority may cause such investigation or audit to be made,
to the extent permitted by the Act, as may be deemed necessary.
ARTICLE VI-UNFAIR PRACTICES
No member of the Industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influ-
encing or rewarding the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. Com-
mercial bribery provisions shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial bribery
as hereinabove defined.








ARTICLE VII-MODrFICATIONS

(a) As provided by Section 10 (b) of the Act, the President may
from time to time cancel or modify any order, approval, license, rule
or regulation issued under Title I of the Act.
(b) The provisions of this Supplemental Code, other than those
required by the Act to be included therein, may, with the approval
of the Administrator, be from time to time, amended, revised, added
to or supplemented. Any amendments or revisions of or additions
or supplements to this Supplemental Code proposed by Code Au-
thority and adopted at a meeting of employers by the concurring
affirmative vote of employers entitled to cast at least two-thirds of
all the votes that might be cast at a meeting of employers if all the
employers then entitled to vote, computed in each of the two methods
in Section (e) of Article V hereof provided were present threat
shall be in full force and effect upon approval by the Administrator.

ARTICLE VIII-WVITHDRAWAL

As provided by Article IX of the Code, upon thirty (30) days'
notice to Basic Code Authority and to the Administrator, this Sub-
division may, at a meeting of employers, by the concurring affirma-
tive vote of employers entitled to cast at least two-thirds of all the
votes computed in each of the two methods in Section (e) of Article
V hereof provided that might be cast at such meeting if all the
employers then entitled to vote were present threat, withdraw from
the jurisdiction of Basic Code Authority. Thereafter this Supple-
mental Code, together with the provisions of the Code, except such
portions of Articles I, II, VI and VII thereof as are not pertinent
thereto, as determined by the Code Authority and the Administrator,
shall become the Code governing this Subdivision and the Code
Authority shall, for this Subdivision, become the sole Code Authority
and shall perform all the functions thereof with respect to such Code.

ARTICLE IX-MONOPOLIES

Applicant imposes and shall impose no inequitable restrictions on
membership therein. The Supplemental Code presented by it is
not designed to promote monopoly and shall not be construed or
applied so as to oppress or eliminate small enterprises or discrimi-
nate against them and is designed to effectuate the policy of the Act.

ARTICLE X-EFFECTIVE DATE

This Supplemental Code shall become effective and binding on all
employers engaged in the Subdivision on the eleventh (11th) day
after its approval by the Administrator.
Approved Code No. 347-Supplement No. 1.
Registry No. 1414-09.





UNIVERSITY OF FLORIDA



3 126208336 695 4


*E ;


4'4i
Ui