Registry No. 11:0-02
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Approved Code No. 155
CODE OF FAIR COMPETITION
As Approved on December 15, 1933
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 my approval of a Code
of Fair Competition for the Oxy-Acetylene Industry, and hearings
having been held thereon and the Administrator having rendered
his report containing an analysis of the said code of fair competition,
together with his recommendations and findings with respect thereto,
and the Administrator having found that the said code of fair
competition complies in all respects with the pertinent provisions
of title I of said act and that the requirements of clauses (1) and
(2) of subsection (a) of section 3 of the said act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by title I
of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and approve the report, recommendations,
and findings of the Administrator and do order that the said code
of fair competition, excepting, however, section 4 of article VIII
be, and it is hereby, approved, subject to the following conditions:
(1) That the aforesaid section 4 of article VIII be, and it is
FRANKLIN D. ROOSEVELT.
HUGH S. JOHNSON,
THE WHITE HOUSE,
December 15, 1933.
NOVEMBER 29, 1933.
The White House.
SInP: This is the report of the Hearing on the Code of Fair Com-
petition for the Oxy-Acetylene Industry, conducted in accordance
with the provisions of the National Industrial Recovery Act. The
hearing was held in the Mayflower Hotel on October 27, 1933. The
Code was presented by the National Oxygen and Acetylene Associa-
tion, which is affiliated with the Industry's technical society, The
International Acetylene Association. The National Oxygen and
Acetylene Association was formed on August 9, 1933, in Chicago
for the purpose of providing a vehicle for properly meeting the
requirements and purposes outlined by the National Industrial
Recovery Act. The National Oxygen and Acetylene Association has
as members 65, out of a total of 80, producers in the Industry. These
65 producers do more than 95% of the volume of the business.
The Oxy-Acetylene Industry is comparatively new in that the
adoption of oxy-acetylene welding and cutting in practically every
field of metal working has been adopted in the last 25 years. The
main products of the Industry are the gases, oxygen and acetylene
which are respectively compressed and dissolved into heavy metal
cylinders for distribution and the apparatus for the utilization of the
gases in cutting and welding operations.
PROVISIONS OF THE CODE
A large percentage of the operations of the Industry in the manu-
facture of gases are continuous processes which operate 365 days a
year while a plant is in operation. The Code provides that no
employee, with certain exceptions, shall work in excess of an average
of 40 hours per week over a period of 6 weeks and in no event more
than 48 hours in any one week. This is a considerable improvement
over the average hours worked per week previously, as is indicated
by the following:
In 1929 the aggregate number employed was 10,080. In 1932 the
aggregate number employed was 7,271. During the last week of
July 1933, this Industry reported a total number of employees of
7,284. Based on actual employment figures for two companies repre-
senting approximately 757"; of the output of the Industry they had,
after putting the President's Reemployment Agreement into effect,
a total number employed of 7,471 for the week ending October 14,
1933, an increase of 23.% over June 17, 1933. Based on actual
pay-roll figures the increase for these two companies was 20.8%.
It is estimated based on this actual pay-roll data that the employ-
ment of the entire Industry is now about. 92% of what it was in 1929.
S This is in spite of the fact that the dollar volume of the business
is running currently at only 60% of what, it was in the same period
of 1929 and the physical volume of the Industry does not exceed
65% for the same period of 1929.
Minimum wages are provided for all employees which are either
essentially at the level of the 1929 rates of wage or substantially
in excess in certain sections.
In the Code as submitted there is included in Article VIII a
paragraph, Section 4, immediately following the collective bargain-
ing clauses, which is an interpretation of Section 7 (a) of the
National Industrial Recovery Act. The Code is being subm-itted
to you including this paragraph only because the National Oxygen
and Acetylene Association cannot get an agreement among its mem-
bers to submit a code which does not contain this paragraph. To
avoid undue delay, I recommend that you approve this Code after
eliminating Section 4 of Article VIII.
I find that: (a) The Code as recommended, eliminating Section
4 of Article VIII, complies in all respects with the pertinent pro-
visions of Title I of the Act, including subsection (a) of Section
7 and subsection (b) of Section 10 thereof; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein, and is truly representative of the
Oxy-Acetylene Industry; and that
(c) The provisions of the Code as recommended are not designed
to promote monopolies or to eliminate or oppress small enterprises
and will not operate to discriminate against them, and will tend
to effectuate the policy of Title I of the National Industrial Re-
It is recommended, therefore, that this Code be approved.
HUnH S. JOHNSON,
CODE OF FAIR COMPETITION
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Oxy-Acetylene Industry, and upon ap-
prov.l by the President, shall be the standard of fair competition
for this Industry and shall be binding upon every member thereof.
The term Industry as used herein includes the manufacture
of oxygen, calcium carbide, and its derivative acetylene, or substi-
tutes therefore (such as hydrogen and compressed hydro-carbon
gases) when utilized for the cutting or welding of metals, cutting
and welding apparatus designed to use the above-mentioned gases,
apparatus for the generation of acetylene gas for cutting and welding
purpo-ses, for the storage or transportation of dissolved acetylene
gas, or for the utilization of acetylene gas for commercial purposes
other than welding and cutting, and such other branches and sub-
divisions thereof, not herein defined, as may from time to time be
included under t.he provisions of this Code, and, without limiting
the generally of the foregoing, specifically includes compressed gases
such as oxygen, ethylene, nitrus-oxide, etc., when employed as medi-
The term "1 employee as used herein includes any person engaged
in any phase of the Industry in any capacity receiving compensation
for his services, irrespective of the method of payment of such
The term employer as used herein includes anyone by whom
any such employee is compensated or employed.
The term '" member of the Industry includes anyone engaged in
the Industry as above defined.
The term 'member of the Code includes any member of the
Industry who shall expressly signify assent to this Code.
The ierms b President ", "Act ".. and "Administrator as usert
herein mean, respectively, the President of the United States, the
National Industrial Recovery Act, and the Administrator of said
The term "' etfcctive date as used herein means the first Monday
after this Code- shall have been approved by the President of the
SECTION 1. On and after the effective date employers in the In-
dustry shall not operate on a schedule of hours of labor for any of
their employees (except any person eniployed as salesman, engineer,
fireman, loader, truck driver, or watchman, or employed in a mana-
gerial or executive capacity and receiving more than $35.00 per
week) in excess of an average of forty (40) hours per week over
any period of six (6) weeks, or in any event more than forty-eight
(48) hours in any one week.
SEC. 2. If anyone employed as engineer, firellan, loader, or truck
driver shall work more than forty-four (44) hours in any week,
compensation at the rate of time and one third for such time over
forty-four (44) hours a week shall be paid to such employee.
SEC. 3. The maximum hours fixed in Section (1) of this Article
III shall not apply to employees on emergency maintenance or
emergency repair work involving breakdowns or protection of life
or property, but in any such special case time and one third time
shall be paid for hours worked in excess of the maximum hours
On and after the effective date the minimum wiage.- that shall be
paid shall be not less than 40t per hour except in the states of
Louisiana, Florida, Georgia, North Carolina, South Carolina, Ala-
bama, Oklahoma, Mississippi, Arkansas, Virginia, West Virginia,
Tennessee, Kentucky, and Texas, in which states the minimum wages
shall be not less than 350 per hour. This minimum rate shall be
paid regardless of whether the employee is compensated on the basis
of a time rate or on a piecework performance. The minimum wages
for all employees not paid on an hourly basis shall be not less than
$15.00 per week, except in the above-mentioned fourteen states, where
they shall be not less than $14.00 per week. The hourly rates of
wages, including piecework, of employees now being paid in excess
of the established minimum, shall be equitably adjusted where -such
adjustment has not already been made. Employers shall not re-
classify employees with the object of defeating the purposes of the
ARTICLE V-CHILD LABoR
No person under 16 years of age shall be employed in this Indus-
try; no personal under 18 years of age shall be employed in a
dangerous or hazardous occupation.
SECTION 1. The Board of Directors of the National Oxygen and
Acetylene Association is hereby designated to be the Supervising
Agency for administering, supervising, and promoting the perform-
ance of the provisions of this Code for members of the Industry.
SEC. 2. The National Oxygen and Acetylene Association shall (1)
impose no inequitable restrictions on membership, and (2) submit
to the Administrator true copies of its articles of association, bylaws,
regulations, and any amendments when made thereto, together with
such other information as to membership, organization, and activi-
ties as the Administrator may deem necessary to effectuate the pur-
poses of the Act.
SEC. 3. In order that the Supervising Agency shall at all times
be truly representative of the trade industry and in other respects
comply with the provisions of the Act, the Administrator may
provide such hearings as he may deem proper; and thereafter if
he shall find that the Supervising Agency is not truly representative
or does not in other respects comply with the provisions of the Act,
may require an appropriate modification in the method of selection
of tile Supervising Agency.
SEc. 4. The Supervising Agency shall permit to be present at
any and all of its meetings called for or taking any action with re-
spect to the operation of the Code, not more than three members to
be appointed by the President but to have no vote upon any matter
considered at such meetings of the Supervising Agency.
SEC. 5. With a view to keeping the President and the Adminis-
trator informed as to the observance or nonobservance of this Code,
and as to whether the Industry is taking appropriate steps to effec-
tuate the declared policy of the Act, each member of the Industry
will, at the request of the Supervising Agency, furnish (1) such
pertinent facts, figures, and records of such member as may be
necessary for a determination as to whether such member shall be
complying with the provisions and the spirit of this Code, and
(2) such other reports and information requisite to the administra-
tion ,of this Code as may be called for by the Administrator or the
Supervising Agency in furtherance of the provisions of this Code.
All such information must be furnished, when and as requested by
the Supervising Agency, to a committee appointed for such purpose
by a majority of the members of the Supervising Agency. Such
committee shall not have as a member thereof any person coming
within the definition in this Code of employer, employee, or member
of the Industry. All such information on individual company data
shall be held confidential except that it may be communicated by
such committee to the Administrator, and except also that the
Supervising Agency shall have the right to appoint a firm of
certified public accountants for the purpose of accumulating such
information and communicating it to such committee.
SEC. 6. All expenses of the Supervising Agency for the purpose
of its functions under this Code shall be prorated on an equitable
basis among the signers of the Code.
ARTICLE VII-TRADE PRACTICES
The following practices constitute unfair methods of competition
and are prohibited:
SECTION 1. Inducing, or attempting to induce, by any means, any
party to a commercial contract with a member of the Industry to
violate such contract; or selling to any such party knowingly in
violation of such contract;
Sac. 2. Filling of cylinders belonging to another member of the
Industry, save at the written consent of such member;
SEC. 3 Failing to charge rental for cylinders, after they shall have
been retained by customers more than 30 days, for such time in
excess of 30 days, at rates to be filed by each member of the Industry
with the Supervising Agency, which rates .shall be open to inspection
by any member of the Industry; or rebating such charge if justly
made against the customer;
SEc. 4. Failing to charge for all gases sold (1) an f.o.b. plant or
warehouse price; (2) a delivery charge to be filed by each member
of the Industry with the Supervising Agency which shall be open
to inspection by any member of the Industry;
SEc. 5. Failug to add to the prices charged for products of the
Industry, whenever such addition may be lawful, any tax assessed
against the production or sale of such products by any duly author-
ized Federal, State, County, or Municipal agency; or rebating such
SEC. 6. Allowing cash discounts for gases sold;
SEC. 7. Marking, branding, or labeling products or making state-
ments regarding products, that may tend to mislead or deceive pur-
chasers as to the quantity, quality, grade, or substance of such
SEC. S. The provisions set forth in the foregoing Sections (3), (4),
and (6) do not apply to medical gases.
SECTION 1. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from interference, restraint, or coercion of employers of labor,
or their agents, in the designation of such representatives or in self-
organization or in other concerted activities for the purpose of col-
lective bargaining or other mutual aid or protection;
SEC. 2. No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing; and
SEC. 3. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
SEC. 4. Without in any way attempting to qualify or modify. by
interpretation, the foregoing requirements of the National Industrial
Recovery Act, employers in this Industry may exercise their right to
select, retain, or advance employees on the basis of individual merit,
without regard to their membership or nonlmembershipi in any
SEC. 5. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with tle
provisions of Sub'ection (b) of Sec. 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the President
This paragraph deleted per last paragraph of Executive ornldr approving this Code.
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
SEC. 6. Within each State, this Code shall not supersede any laws
of such State imposing more stringent requirements regulating the
age of employees, wages, or hours of work than under this Code.
SEC. 7. Each employer shall post. in conspicuous places full copies
of this Code.
SEC. 8. No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
SEC. 9. Such of the provisions of this Code as are not required
to be included therein by the Act may, with the approval of the
President, be modified or eliminated as changes in circumstances
or experience may indicate. It is contemplated that from time to
time supplementary provisions to this Code or additional code will
be submitted for the approval of the President to prevent unfair
competition in price and other unfair and destructive competitive
practices and to effectuate the other purposes and policies of Title I
of the Act consistent with the provisions hereof.
The Code shall continue in effect for a period of ninety days after
the effective date thereof, subject, however, to amendment at any
time as hereinbefore provided, and also subject to the exercise of
reserved power of the President to cancel or modify his approval
thereof. The Code shall continue in effect after the expiration of
said period of ninety days in the absence of such reserved power
on the part of the President, or in the absence of the exercise by
members of the Code of the power which they hereby reserve, to
terminate the Code at any time after the expiration of the said
period of ninety days. Such cancellation shall be proposed by the
Supervising Agency by vote of the majority of members thereof
at the time in office. The proposal to cancel shall then be submitted
to all members of the Code who shall be given a right to vote thereon.
If at least three fourths of the votes entitled to be cast by the mem-
bers of the Code, in accordance with the By-Laws of the Association
shall be in favor of cancellation, the Association shall have the
power after service of a thirty-day notice on the Administration to
terminate said Code. When so terminated, all subsequent liabilities
and obligations hereunder shall cease.
Approved Code No. 155.
Registry No. 1150-02.
UNIVERSITY OF FLORIDA
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