Code of fair competition for the milk filtering materials and the dairy products cotton wrappings industry as approved o...

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Material Information

Title:
Code of fair competition for the milk filtering materials and the dairy products cotton wrappings industry as approved on April 19, 1934
Physical Description:
p.307-315 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Dairy processing -- Law and legislation -- United States   ( lcsh )
Cheesecloth -- Law and legislation -- United States   ( lcsh )
Industries -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
"Approved Code No. 396 ; Registry No.223-02"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004856055
oclc - 63654235
System ID:
AA00007787:00001

Full Text



Registry No. 223-02
SI I I i


FSTIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


;MILK FILTERING MATERIALS

P THE DAIRY PRODUCTS COTTON

WRAPPINGS INDUSTRY


AS APPROVED ON APRIL 19, 1934


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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This publication is fortale la 9 the i ggreirtndent e DotCneta Govermn
Printing Office, Washington, d.,., 'ad by district offices of te Brfeas
Foreign and Domestic Commerce.
DlBTsICT OPmIaB OP TE DnPAuRT~ N Oma cORV c'


Atlanta, Ga.: ,04Pat ,O-it BlUding.
Birmingham, Ala.t i57T Ideral Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.; Chamber o Commerce Building
Chicago, Il.: 'Suite 10l 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 102& Baltimore Avenue.
Los Angeles, Calif.: 116 South Bioadway.
Louisville, Ky.: 408 TederalB2lildiug.
Memphis, Tenn.: 229 _federal Buil~lhg.
Minneapolis, Minn.: 213 Feel~ai Building.
New Orleans, La.: Room 22A-A, Customhouse.
New York, N.Y.: 734 Custoan~iase.
Norfolk, Va.: 406 East Plume Street
Philadelphia, Pa.: 422 Commerceal Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offiee Building.
St. Louis, Mo.: 506 Olive Street
San Franciscd, Calif.: 310 Customhouse.
Seattle, Wash.: 809 federal Office Building.


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Approved Code No. 396


CODE OF FAIR COMPETITION
FOR THE

MILK FILTERING MATERIALS AND THE DAIRY
PRODUCTS COTTON WRAPPINGS INDUSTRY

As Approved on April 19, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE MILK FILTERING MATERIALS AND
TE DAIRY PRODUCTS COTTON WRAPPINGS 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 Code of
Fair Competition for the Milk Filtering Materials and The Dairy
Products Cotton Wrappings Industry, and hearings having been
duly held thereon and the annexed report on said 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
President, 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 Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for industrial Recovery.
Approval recommended:
A. D. WHITESIDE,
Division Administrator.
WASHINGTON, D.C.,
April 19, 1934.


53834--482-103- 34


(307)











REPORT TO THE PRESIDENT

The PRESIDENT, *
The White Howe. H I
Sm: This is a report on the Hearing on the Code of Fair Compe- :
tition for the Milk Filtering Materials and Dairy Products Cotton'.:...
Wrappings Industry, held in BIoon 38204, Department qf o i[
Building, on February 1, 194. The Code whi6h is ticl .
presented by duly qualified and authorized representitfies the.
Industry, complying with statutory requirements said to represent
ninety-three percent or more 'in vdhiilme'of the Industry.
In accordance with the customary procedure every person who had
filed a request for an appearance was freely heard i public, and all .
statutory and regulatory requirements were complied with.
THE INDUSTRY '
The Industry comprises 17 concerns, having an investment in 198
of $400,000. In 1929 the Industry provided employment 'fo '185
employees. This figure has increased to about 150 Workers in IS.
Aggregate annual sales have increased from $450,000. in- 1929
about $500,000. in 1932.
'. .. .: ,.+*. .... ....
PROVISIONS OF THE DCOE
-4
The Code provides for a minimum wage of 35 cents per hotr- 1t i
hourly or weekly compensation shall be reduced because of aBq re-
ductions in the number of hours of work per week and wage difa t
entials existing prior to June 16, 1933, are to be maintained for *.
employees receiving $35 or less per week.
Hours of work for all employees are limited to 40 hours per *wd.
and eight hours per day with the following exceptions: -
Employees engaged exclusively in a supervisory capacity r.- :
ceiving $35 per week or more and outside salesmen are not lin td .d
as to hours, employees on emergency repair work are excepted ':irawi:.::
the maximum hour provisions but are to be paid time and one-thiri
for all overtime work, watchmen are permitted to work not more
than 56 hours per week. During any six weeks in any year employ-
ees are permitted to work 48 hours per week, but not more than
eight hours per day, provided that at least time and one-third shall
be paid for all hours worked in excess of 40 hours per week.
Representation on the Code Authority is provided for all mem-
bers of the Industry. There are no highly restrictive provisions.
The Code provides for an open price association in the Industry,
but permits prices to be revised without a waiting period.
(308)





309


FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
Sgson this matter:
1 find that:
(a) Said Code is well designed to promote the policies and pur-
S poses 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 pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanction and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000
employees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate 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
Code.
For these reasons, this Code of Fair Competition for the Milk
Filtering Materials and the Dairy Products Cotton Wrappings
Industry has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
S APRIL 19, 1934.










CODE OF FAIR COMPETITION FOR THE MILK FILTs
ING MATERIALS AND THE DAIRY PRODUCTS COT WX
WRAPPINGS INDUSTRY


ARnnTc I-PuBPOSEs


2 *-sr?..:r


To effectuate the policies of Title I of the National l ,id,
Recovery Act, the following provisions are established. .,s a:k:.
of Fair Competition for the Milk Filtering Materialsa .a J .,
Dairy Products Cotton Wrappings Industry, and shall ble ..
standard of fair competition for such Industry and shall be inih '
upon every member thereof.
AnIzcLE HI-DEFINITONs 8
... -. .. *:. E *' ..
1. The term "Milk Filtering Materials and Dairy Products Cotta
Wrappings Industry" referred to hereinafter as the "lhadiiif In
means and includes the manufacture and the original sal6 e ciet .to
and flannel discs, rolls and squares and flannel bags, tubec, .peces
and rolls sold exclusively for use in the filtering -of milk andte ~ie
manufacture from woven piece goods and the original saleJ of
cotton cheese bandages and other cotton goods sold exclusively fik*
use in manufacturing, wrapping and packing dairy products.. TWi Q
term "Industry" shall not include the weaving of fabrioeA rei l
which the above products are manufactured. .-- AI
2. The term "employee as used herein includes anyone tagged
in the Industry in any capacity receiving compensation for' his
services, irrespective of the nature or method of payment of steh i
compensation. '
3. The term "employer as used herein includes anyone by whom -,.
any such employee is compensated or employed. i
4. The term member of the Industry includes anyone engaged
in the Industry as above defined, either as an employer or on -hi S
own behalf. i .
5. The terms "President" "Act "and "Administrator as deed
herein shall mean, respectively, the resident of the United! Stteb,
Title I of the National Industrial Recovery Act, and the Adminis~ nb.
trator for Industrial Recovery.
ArwTILE III-Hours
1. No employee shall work or be permitted to work in excess oil 14
40 hours per week or 8 hours in any 24 hour period except as .
follows:
(a) Employees engaged exclusively in a managerial or executive
capacity who receive thirty-five dollars ($35.00) or more per week
and outside salesmen.
(b) During peak periods, not to exceed six (6) weeks in any one
year, employees may work forty-eight (48) hours per week, but in
(310)
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311


ho case shall they work more than eight (8) hours in any one day,
provided, however, that at least time and one-third shall be paid
for all hours worked in excess of forty (40) hours per week.
(c) Employees on emergency maintenance or emergency repair
work involving breakdowns or protection of life or property are
Excepted, but in any such special case at least one and one-third
(1) times the normal rate shall be paid for hours worked in excess
of the maximum hours herein provided.
(d) Watchmen shall not work more than fifty-six (56) hours
per week.
2. No employee shall work more than six (6) (lays in any seven
(7) day period.
3. No employee shall work for a total number of hours in excess
of the number of hours prescribed for each week and day, whether
employed by one or more employers.
ARTICLE IV-WAGES
1. No employee shall be paid at less than the rate of thirty-five
cents (35t) per hour.
2. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
3. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
4. No hourly or weekly rates of compensation for employment now
in excess of the minimum wages herein provided shall be reduced
notwithstanding that the hours worked in such employment may
be hereby reduced except, in such establishments as have been work-
ing since September 1, 1933 on a schedule of fewer maximum hours
and higher minimum wages in which case the weekly earnings shall
not be reduced. Wage differentials existing prior to June 16, 1933,
shall at least be maintained for all employees receiving thirty-five
($35.00) dollars or less per week. Each member of the Industry
shall file with the Code Authority within forty-five days of the
approval of this Code a report showing that this provision is being
complied with.
ARTICLE V-GENERAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed
in the Industry. No person under eighteen (18) years of age shall
be employed in operations or occupations which are hazardous in
nature or dangerous to health. The Code Authority shall submit to
the Administrator within ninety (90) days from the effective date
Sa list of such operations and occupations. In any State an em-
ployer shall be deemed to have complied with this provision if he
shall have on file a certificate or permit duly issued by the authority
S in such State empowered to issue employment or age certificates or
permits, showing that the employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
S be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives






1 .. ...
or in self-organization or in other concerted activities for the puri
pose of collective bargaining or other mutual aid or pretectioa. :i
3. No employee and no one seeking employment shall be require
as a condition of employment to join any company umion or to Ow-
frain from joining, organizing, or assisting a labor organisation o
his own choosing.
4. Employers shall comply with the maximum hours of labor
minimum rates of pay, and other conditions of employment approve i
or prescribed by the President.
5. No provision in this Code shall supersede any State or Federal
law which imposes more stringent requirements as to age of em-
ployees, wages, hours of work, or as to safety, health2 sanitary or i
general working conditions, or insurance or fire protection, tha are
imposed by this Code. t
6. Employers shall not reclassify employees or duties of occupaL
tions performed by employees, or use any other subterfuge, so as
to defeat the purposes of the Act.
7. Each employer shall post in conspicuous places copies of Arti-
cles III, IV, and V of this Code.
8. Every employer shall make reasonable provisions for the safety
and health of his employees at the place and during the hours, of
their employment. Standards for safety and health shall be sub- :
mitted by the Code Authority to the Administrator for approval
within six (6) months after the effective date of this Code.
ARTICLE VI-ADMINISTRAION o
There shall forthwith be constituted a Code Authority. 2
1. Organization and constitution of Code Authority.
(a) The Code Authority shall include five (5) individuals, or
such other number as may be approved from time to time-by t he
Administrator, to be selected as hereinafter set forth, and siuch
additional members without vote and without expense to the In
dustry, not to exceed three, as the Administrator in his discretion
may appoint to represent such groups or interests or such govern-
mental agencies as he may designate. '
(b) Four members of the Code Authority shall be selected by thi
Milk Filtering Materials Institute from among its membership, and
one member may be elected by members of the Industry who are not
members of the Institute by a method approved or prescribed by the
Administrator.
(c) Each trade or industrial association, directly or indirectly
participating in the selection or activities of the Code Authority
shall: (1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of assoeia.
tion, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organize m
tion, and activities as the Administrator may deem necessary to effec-
tuate the purposes of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may prescribe such hearings
as he may deem proper; and thereafter if he shall find that the Cod



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813
I Aitho ity is. not truly representative or does not in other respects
.ft... :with the provisions of the Act, may require an appropriate
.qfl tieon in the method of selection of the Code Authority.
S.-,;;(e) Members of the Industry shall be entitled to participate in
Saad share the benefits of the activities of the Code Authority by
::" senting to and complying with the requirements of this Code and
Sustaining their reasonable share of the expenses of its administra-
:|. tion. The reasonable share of the expenses shall be determined by
the Code Authority, subject to review by the Administrator, on the
basis. of volume of business and/or such other factors as may be
;; deemed equitable to be taken into consideration.
., The Code Authority shall have the following duties and powers
to the extent permitted by the Act:
I (.a)t With a view to informing the President and the Adminis-
trator as .to the observance of this Code, and as to whether the In-
dpotry is taking appropriate steps to effectuate the declared policy
of the Act, each member of the Industry shall furnish duly certified
reports in such form as may be required by the Code Authority and
approved by the Administrator. The Institute is hereby constituted
the agency for the collection and receipt of such reports and for the
forwarding of such reports to the Administrator. All such reports
shall be held in strict confidence by the Institute, except when they
shall be required by the Administrator or the Code Authority in
connection with a violation of the provisions of this Code.
(b) The Code Authority may recommend to the Administrator
any action or measure deemed advisable, including further fair
trade practice provisions to govern members of the Industry in their
relations with each other or with other industries, measures for
industrial planning, and stabilization of employment; and including
modifications of this Code which shall become effective as part hereo?
.pon approval by the Administrator after such notice and hearing
as he may specify.
(c) The Code Authority is also set up to cooperate with the
Administrator in making investigations as to the functioning and
observance of any provisions of this Code, and its own instance or
on complaint of any person affected, and to report the same to the
Administrator, subject to the regulations of the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
Associations and agencies shall at all times be subject to and comply
with the provisions hereof.
3. In addition to the information required to be submitted to the
Code Authority, there shall be furnished such statistical information
as the Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act, to such Federal and State agencies as the
I Administrator may designate; but nothing in this Code shall relieve
Sany person of any existing obligation to furnish reports to govern-
meh. t agencies.
;ii4. If the Administrator shall determine that any action of the
SCode Authority or any agency thereof may be unfair or unjust or





314


contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by the Code
Authority or agency pending final action which shall not be effective
unless the Administrator approves or unless he shall fail to dis-
approve after thirty days' notice to him of intention to proceed
with such action in its original or modified form.
ARTICLE VII-UNFAIR TRADE PRACTICES
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited:
1. Secret Rebates. No member of the Industry shall secretly offer
or make any payment or allowance of a rebate, refund, commission,
credit, unearned discount or excess allowance, whether in the form
of money or otherwise, nor shall a member of the Industry secretly
offer or extend to any customer any special service or privilege
not extended to all customers of the same class.
2. Inaccurate Advertising. No member of the Industry shall
publish advertising (whether printed, radio, display or of any other
nature), which is inaccurate in any material particular nor shall
any member in any way misrepresent any goods (including but
without limitation its use, trade-mark, grade, quality, quantity,
origin, size, substance character, nature, finish, material, content or
preparation) or credit terms, values, policies, services, or the nature
or form of the business conducted; and no member shall use adver-
tising or selling methods or credit terms which tend to deceive or
mislead the customer or prospective customer.
3. Interference with Another's Contracts. No member of the In-
dustry shall attempt to induce the breach of an existing contract
between a competitor and his customer or source of supply, nor shall
any such member interfere with or obstruct the performance of such
contractual duties or services.
4. Commercial Bribery. No member of the Industry shall give,
permit to be given, or directly or indirectly offer to give anything
of value for the purpose of influencing or rewarding the action of
any employee, agent or representative 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 em-
ployer, principal or party. This provision 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 VIII
1. Within thirty (30) days after the effective date of this Code
each member of the Industry shall file with the Code Authority a
schedule of his own individual prices, terms, discounts and condi-
tions of sale for the products of the Industry. Such price lists may
be revised at any time and shall become effective on the date of mailing
to the Code Authority by registered mail. The Code Authority shall
at once send copies of all price lists to all members of the Industry
and such price lists shall be available to any interested party.





.315

SNo member of the Industry shall sell or offer for sale any product
Sof the Industry below the prices, or on any other terms, discounts,
S and conditions of sale than in his own individual price list.
ARTICLE IX
No provision of this Code shall be interpreted or applied in such
manner as to promote or permit monopolies or monopolistic prac-
tices, or to eliminate or oppress small enterprises, or to discriminate
Against them.
ARTICLE X-MODIFICATION
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of sub-section (b) of Section 10 of the Act, from time to time
to cancel or modify any order, approval, license, rule, or regulations
issued under Title I of said Act and specifically, but without limita-
tion 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.
S2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator and
such notice and hearing as he shall specify, and to become effective on
approval of the Administrator.
ARTICLE XI

This Code shall become effective the eleventh day after the date on
which it shall have been approved.
Approved Code No. 896.
Registry No. 223-02.




UNIVERSITY OF FLORIDA

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