UNIVERSITY OF FLORIDA
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Registry No. 299-45
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON NOVEMBER 26, 1934
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Approved Code No. 535
CODE OF FAIR COMPETITION
BRATTICE CLOTH MANUFACTURING INDUSTRY
As Approved on November 26, 1934
APPROVING THE BASIC CODE AS THE CODE OF FAIR COMPETITION FOR
THE BRATTICE CLOTH MANUFACTURING INDUSTRY
An application having been made pursuant to Administrative
Order No. X-61, dated July 10, 1934, for the approval of the Basic
Code, as amended and attached to the annexed report as Exhibit
"A", as the Code of Fair Competition for the Brattice Cloth Manu-
facturing Industry, defined for the purposes of this Order as follows:
The term "Industry" as used herein means the manufacture of
brattice cloth and the sale thereof by the manufacturer and such
branches thereof as may from time to time be included under the
provisions of this Code.
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order #6559, dated September 27, 1934 and otherwise;
(a) incorporate by reference said annexed report and said Code,
as attached thereto marked Exhibit "A",
(b) find that said Code complies in all respects with the pertinent
provisions and will promote the policy and purpose of said Title of
said Act, and
(c) order that said Code be and it hereby is approved as the
Code of Fair Competition for the Brattice Cloth Manufacturing
Industry, as above defined.
This Order shall become effective ten (10) days from the date
hereof unless prior to that time good cause to the contrary is shown
to the National Industrial Recovery Board and it, by its further
order, otherwise directs.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
PRENTISS L. COONLEY,
Acting Division Administrator.
WASHINGTON, D. C.,
November 26, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Basic Code of Fair Competition for
the Brattice Cloth Manufacturing Industry, which was presented
by duly qualified and authorized representatives of the Industry,
complying with statutory requirements, said to represent 100 per-
cent in volume of sales of the Industry which could be included in
The Brattice Cloth Manufacturing Association, being duly repre-
sentative of the Brattice Cloth Manufacturing Industry, has elected
to avail itself of the option of submitting a Basic Code of Fair Com-
petition, as provided in Administrative Order X-61, dated July
This Industry manufactures and sells brattice cloth to be used in
Mines to conduct and regulate air currents.
According to statistics furnished by members of the Brattice Cloth
Manufacturing Association, there are five concerns engaged in the
Industry, with aggregate annual sales of approximately $275,000.00.
The Industry employes about 69 persons.
PROVISIONS OF THE CODE
The hour and wage provisions of this Code establish a max-
imum 40 hour week, except for 8 weeks in any one year, any employee
may be permitted not more than 48 hours per week. All hours in
excess of 8 per day or 40 per week shall be paid at not less than one
and one-half times the employee's regular rate. The minimum wages
of this Code are 354 in the northern section of the United States
and 300 per hour in the southern section of the United States. The
remaining provisions of the Code are those of the Basic Code of Fair
Competition, as provided in Administrative Order X-61, dated July
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said Code having found as herein set
forth and on the basis of all proceedings in this matter:
It finds that:
(a) Said Code is well designed to promote the policies and pur-
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 trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions 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 tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50.000 em-
ployees; and is not classified by the National Industrial Recovery
Board 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 limita-
tion 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.
For these reasons, this Code has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
NOVEMBER 26, 1934.
CODE OF FAIR COMPETITION FOR THE BRATTICE
CLOTH LMALNUFACTURING INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a basic
Code of Fair Competition which shall govern the Brattice Cloth
Manufacturing Industry applying therefore in accordance with
Administrative Order No. X-61, dated July 10, 1934.
The term "Industry" as used herein means the manufacture of
brattice cloth and the sale thereof by the manufacturer and such
branches thereof as may from time to time be included under the
provisions of this Code.
The term Brattice Cloth" as used herein means jute fabrics
which have been chemically treated to make them fire-proof, for use
in mines to conduct and regulate air currents.
SECTION 1. Hours.-No employee shall be permitted to work in
excess of forty (40) hours in any one week, except that for eight
(8) weeks in any one calendar year, any employee may be permitted
to work not more than forty-eight (48) hours per week. All hours
in excess of eight (8) per day or forty (40) per week shall be paid
for at not less than one and one-half (1.-') times the employee's
SECTION 2. E-crption ..-The provisions of Section 1 shall not
apply to employees engaged in emergency maintenance or emergency
repair work involving breakdowns or the protection of life or prop-
erty, nor to persons employed in a managerial or executive capacity
who earn regularly Thirty-five Dollars ($35.00) per week or more,
nor to any other class of employees which the National Industrial
Recovery Board shall find upon application of true representatives of
the trade or industry should be subjected to an exemption or amend-
ment in accordance with N. R. A. policy; provided, however, that
employees engaged in such emergency maintenance and emergency
repair work shall be paid at one and one-half (11) times their
normal rate for all hours worked in excess of forty (40) hours per
SECTION 3. Minimum Wages.-No employee shall be paid in-any
pay period less than at the rate of fourteen dollars ($14) per week
for forty (40) hours of labor, except in Southern Section in which
region no employee shall be paid in any pay period less than at the
rate of twelve ($12) per week for forty (40) hours of labor.
The Southern Section" shall include the states of Virginia,
North Carolina, South Carolina, Georgia, Tennessee, Alabama, Mis-
sissippi, Louisiana, Texas and Florida.
The Northern Section is defined to mean the rest of the United
SECTION 4. Wages in General.-All wages shall be adjusted so as
to maintain a differential at least as great in amount as that existing
on June 16, 1933, between wages for such employment and the then
minima. In no case shall there be any reduction in hourly rates;
nor in weekly earnings for any reduction in hours of less than thirty
SECTION 1. Child Labor.-No person under sixteen years of age
shall be employed in the industry in any capacity. No person under
eighteen years of age shall be employed at operations or occupations
which are hazardous in nature or dangerous to health. The Code
Authority shall submit to the National Industrial Recovery Board
for approval March 1, 1935, a list of such operations or occupations.
In any State an employer shall be deemed to have complied with
this provision as to age if he shall have on file a valid certificate or
permit duly signed by the authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
SECTION 2. Apprentices.-The hours and wages of regularly in-
dentured apprentices in skilled trades or occupations of the industry
may depart from the standards hereinabove prescribed; provided
that the terms of employment and the course of instruction of such
apprentices shall conform to standards uniform throughout the trade
or industry and approved by the National Industrial Recovery
SECTION 3. Handicapped Persons.-A person whose earning ca-
pacity is limited because of age, physical or mental handicap, or other
infirmity, may be employed on light work at a wage below the mini-
mum established by this Code, if the employer obtains from the State
Authority designated by the United States Department of Labor,
a certificate authorizing such person's employment at such wages and
for such hours as shall be stated in the certificate. Such authority
shall be guided by the instructions of the United States Department
of Labor in issuing certificates to such persons. Each employer shall
file monthly with the Code Authority a list of all such persons em-
ployed by him showing the wages paid to, and the maximum hours
of work for such employee.
SECTION 4. Safety and Health.-Every employer shall make rea-
sonable 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 submitted by the'Code Authority to the
National Industrial Recovery Board for approval within three months
after the effective date of this Code. The standards approved shall
thereafter be a part of this Code and enforceable as such.
SECTION 5. Required Labor Clau.ses.-The provisions of Section
7 (a) of said Act are hereby incorporated herein by this reference
and shall be complied with.
This Code shall be administered by the General NRA Code Au-
thority which shall be selected pursuant to, have the powers specified
in and function as follows; provided, however, that, on approval by
the National Industrial Recovery Board, the Brattice Cloth Manu-
facturing Industry may elect its own Code Authority to have powers
and to function in the manner prescribed for the General NRA Code
Authority and under such rules and regulations as the National
Industrial Recovery Board may prescribe.
(B) GENERAL NRA CODE AUTHORITY
(i) The General NRA Code Authority, provided for in Article IV
of said Basic Code, shall be appointed by the National Industrial
Recovery Board and shall serve without expense to the Industries
subject to such Code.
(ii) Such Code Authority shall have the following powers and
(aa) To insure the execution of the Code and to provide for the
compliance of the industry with the provisions of the Act.
(ab) To adopt by-laws and rules and regulations for its procedure.
ac) To obtain from members of the industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority, members of the industry subject to said Basic Code shall
furnish such statistical information as the National Industrial Re-
covery Board may deem necessary for the purposes recited in Section
3 (a) of the Act to such Federal and State agencies as it may desig-
nate; provided that nothing in the Code shall relieve any member of
the industry of any existing obligations to furnish reports to any
Government agency. No individual report shall be disclosed to any
other member of the industry or any other party except to such other
Government agencies as may be directed by the National Industrial
(ad) The General NRA Code Authority shall submit to the
National Industrial Recovery Board within 90 days after the
approval of this Basic Code a list of industries covered by the Basic
Code, in which work on any part of the product is performed in the
home and/or work is contracted out. The General NRA Code
Authority may also submit a list of special problems affecting
particular industries operating under the Basic Code, and
recommendations pertaining thereto.
(ae) To make recommendations to the National Industrial Recov-
ery Board for the coordination of the Administration of the Code
and such other codes, if any, as may be related to or affect members
of the industry.
(af) To recommend to the National Industrial Recovery Board
any action or measure deemed advisable, including further fair trade
practice provisions to govern members of the industry in their rela-
tions with each other or with other industries; measures for industrial
planning, and stabilization of employment.
ARTICLE V-TRADE PRACICES
(A) It shall be an unfair method of competition for any member
of any trade or industry subject hereto to violate any rule of fair
trade practice for this industry even if not herein contained when
approved by the National Industrial Recovery Board, or, in the case
of trade practice provisions for trades or industries under the juris-
diction of the Secretary of Agriculture when approved by such
Secretary, on application concurred in by seventy-five (75) percent
of the members of such trades or industry.
(B) Prices, rebates, discounts, commissions and conditions of sale
shall be filed as prescribed in Administrative Order No. X-62, dated
July 10, 1934, and it shall be an unfair method of competition to
violate or fail to comply with the terms of that Order. The terms
of said Order are as follows:
(i) OPEN PRICE FILING
As provided for in Section (B) of Article V of said Basic Code,
prices, rebates, discounts, commissions, and conditions of sale shall
be filed in accordance with the following provisions:
(aa) Each member of the industry shall file with a confidential
and disinterested agent of the Code Authority or, if none, then with
such an agent designated by the National Industrial Recovery Board,
identified lists of all of his prices, discounts, rebates, allowances,
and all other terms or conditions of sale, hereinafter in this article
referred to as price terms ", which lists shall completely and ac-
curately conform to and represent the individual pricing practices
of said member. Such lists shall contain the price terms for all such
standard products of the industry as are sold or offered for sale by
said member and for such non-standard products of said member as
shall be designated by the Code Authority. Said price terms shall in
the first instance be filed within 30 days after the date of approval of
this provision. Price terms and revised price terms shall become ef-
fective immediately upon receipt thereof by said agent. Immediately
upon receipt thereof, said agent shall by telegraph or other equally
prompt means notify said member of the time of such receipt. Such
lists and revisions, together with the effective time thereof, shall
upon receipt be immediately and simultaneously distributed to all
members of the industry and to all of their customers who have
applied therefore and have offered to defray the cost actually in-
curred by the Code Authority in the preparation and distribution
thereof and be available for inspection by any of their customers at
the office of such agent. Said lists or revisions or any part thereof
shall not be made available to any person until released to all mem-
bers of the industry and their customers, as aforesaid; provided,
that prices filed in the first instance shall not be released until the
expiration of the aforesaid 30 day period after the approval of this
code. The Code Authority shall maintain a permanent file of all
price terms filed as herein provided, and shall not destroy any part
of such records except upon written consent of the National In-
dustrial Recovery Board. Upon request the Code Authority shall
furnish to the National Industrial Recovery Board or any duly
designated agent of the National Industrial Recovery Board copies
of any such lists or revisions of price terms.
(ab) When any member of the industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
(ac) No member of the industry shall sell or offer to sell any
product, services of the industry, for which price terms have been
filed pursuant to the provisions of this article, except in accordance
with such price terms.
(ad) No member of the industry shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the industry to
change his price terms by the use of intimidation, coercion, or any
other influence inconsistent with the maintenance of the free and
open market which it is the purpose of this Article to create.
(ii) COSTS AND PRICE CUTTING
(aa) The standards of fair competition for the industry with
reference to pricing practices are declared to be as follows:
(1) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages and
working conditions. The Code Authority shall within 5 days af-
ford an opportunity to the member filing the price to answer such
complaint and shall within 14 days make a ruling or adjustment
thereon. If such ruling is not concurred in by either party to the
complaint, all papers sll s shll be referred to the Research and Planning
Division of N. R. A. which shall render a report and reconmmenda-
tion thereon to the National Industrial Recovery Board.
(2) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(3) When an emergency exists as to any given product, sale be-
low the stated minimum price of such product, in violation of
Section 2 hereof, is forbidden.
(ab) EMERGENCY PROVISIONS
(1) If the National Industrial Recovery Board, after investiga-
tion shall at any time find both (1) that an emergency has arisen
within the industry adversely affecting small enterprises or wages or
labor conditions, or tending toward monopoly or other acute condi-
tions which tend to defeat the purposes of the Act; and (2) that the
determination of the stated minimum price for a specified product
within the industry for a limited period is necessary to mitigate the
conditions constituting such emergency and to effectuate the purposes
of the Act, the Code Authority may cause an impartial agency to
investigate costs and to recommend to the National Industrial Re-
covery Board a determination of the stated minimum price of the
product affected by the emergency and thereupon the National In-
dustrial Recovery Board may proceed to determine such stated
(2) When the National Industrial Recovery Board shall have
determined such stated minimum price for a specified product for a
stated period, which price shall be reasonable calculated to mitigate
the conditions of such emergency and to effectuate the purposes of
the National Industrial Recovery Act, he shall publish such price.
Thereafter, during such stated period, no member of the industry
shall sell such specified products at a net realized price below said
stated minimum price and any such sale shall be deemed destructive
price cutting. From time to time, the Code Authority may recom-
mend review or reconsideration or the National Industrial Recovery
Board may cause any determinations hereunder to be reviewed or
reconsidered and appropriate action taken.
(A) Section 10 (b) of said Act is hereby incorporated herein by
reference and this Code is expressly made subject, thereto.
(B) The following rules and regulations are hereby prescribed to
supplement the Basic Code.
(i) The minimum rates of pay provided for in Article II of said
Basic Code shall apply, irrespective of whether an employee is
actually compensated on a time rate, piece-work, or other basis.
(ii) Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
(iii) No employer shall permit any employee to work for any time
which, when totaled with that already performed for another em-
ployer or employers exceeds the maximum permitted herein.
(iv) No employer shall reclassify employees or duties of occupa-
tions performed or engage in any other subterfuge so as to defeat the
purposes or provisions of the Act or of said Basic Code.
(v) No employer shall dismiss or demote any employee for making
a complaint or giving evidence with respect to an alleged violation
of the. provisions of any Code of Fair Competition.
(vi) Code Authorities selected by industry in accordance with
Article IV of said Basic Code shall function at the expense of the
industry in accordance with such further rules and regulations as the
National Industrial Recovery Board may prescribe.
(vii) No provision hereof, or of said Basic Code, shall supersede
any State or Federal law which imposed on employers more stringent
requirements as to age of employees, wages, hours of work. safety
health and sanitary conditions, insurance, fire protection or general
working conditions, than are imposed thereby.
(viii) No provision hereof, or of said Basic Code, shall be so
applied as to permit monopolies or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
Approved Code No. 535.
Registry No. 299-45.