Code of fair competition for the set up paper box manufacturing industry as approved on December 18, 1933 by President R...

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Title:
Code of fair competition for the set up paper box manufacturing industry as approved on December 18, 1933 by President Roosevelt
Portion of title:
Set up paper box manufacturing industry
Physical Description:
p. 243-253 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Paper box industry -- Law and legislation -- United States   ( lcsh )
Container industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code No. 167."
General Note:
"Registry No. 406-03."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004886567
oclc - 63654629
System ID:
AA00007836:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

SET UP PAPER BOX

MANUFACTURING INDUSTRY

AS APPROVED ON DECEMBER 18, 1933
BY
PRESIDENT ROOSEVELT


W5 DO OUR PART


I


1. Executive Order
2. Letter of Transmittal
3. Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


For ale by he Superintenden of D mes, Wasingon, D.C.Price 5 cents
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 167


Registry No. 406-03























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
IPoreign 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.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 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.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleons, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.














Approved Code No. 167


CODE OF FAIR COMPETITION
FOR THE

SET UP PAPER BOX MANUFACTURING INDUSTRY

As Approved on December 18, 1933
BY
PRESIDENT ROOSEVELT






Executive Order


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 Set Up Paper Box Manufacturing In-
dustry, 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 be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
Huoc S. JOHNSON,
A administrator.
THE WHITE HOUSE,
December 18, 1933.


27741--296-25----33


(243)












DECEMBER 15, 1933.
THE PRESIDENT,
The White House.
SIR: This is a report of the hearing on the Code of Fair Competi-
tion for the Set Up Paper Box Manufacturing Industry, conducted
in Washington on October 3, 1933, in accordance with the provisions
of Title I of the National Industrial Recovery Act.

HOURS AND WAGES

The maximum hours for factory workers prescribed by this Code
are forty per week, with an annual tolerance of seven and one half
percent, but not more than forty-eight hours in any one week.
Members of the industry may adopt a standard work day for factory
employees of either eight or ten hours, overtime to be paid for all
hours worked in excess of forty per week or in excess of the standard
work day. Office employees are to be restricted to forty hours per
week averaged over a period of thirteen weeks, but not more than
forty-eight hours in any one week. Chauffeurs and truckmen are
limited to an average of forty hours per week in any period of four
consecutive weeks; engineers and firemen to forty-two hours in the
same period, with overtime provided for time worked in excess of
nine hours per day, and watchmen to fifty-six hours per week. Home
work and the employment of women between 10:00 P.M. and 6:00
A.M. are prohibited.
The Code provides minimum wage rates of 371,/ per hour for
factory workers in the North, with a 50 differential for women, and
321., in the South, with a 21,' female differential. It is provided
that women doing the same work as men shall receive the same pay.
These rates represent a great increase over the minimum wages now
being paid, particularly for female workers, who comprise about
sixty percent of the total force of this industry. The average rate
for women in May 1933 was 31 an hour, the minimum wage in
1932-33 being as low as 10W per hour. For this same period, for both
men and women, 671,/2 of the factory jobs paid minimum rates of
less than 250 per hour.

ECONOMIC EFFECT OF THIS CODE

This industry produces paperboard boxes used for packaging and
display purposes. These boxes are distinguished from other paper-
board containers in that they are delivered to the user "set up in
rigid form and ready for use. It is this distinction which differen-
tiates the set-up box from the folding box, one of the chief competi-
tive items. There are at present about 800 firms engaged in the indus-
try, employing about 35,000 workers.
In recent years set-up boxes have been replaced to a large extent
by other containers, such as folding boxes and transparent cellulose
bags.
(244)







245


There were about 40,000 employees in the Industry in 1929. This
fell off to about 29,000 in 1932 and increased, as a result of the PRA,
to about 35,000 in August 1933. It is estimated that under the Code
the number will increase somewhat further, but because of the decline
of the Industry it is improbable that the 1929 figure will be reached.
The wage rates propo.-ed by the Code will increase the total pay roll
of the industry by about 20)'..
The Administrator finds that-
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
thereof: and that
(b) The applicant group imipo es no inequitable restrictions on
admission to membership therein and is truly representative of the
Set-Up Box Industry; and that
(c) The Code as recommended is not designed to promote monopo-
lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them, and will tend to effectuate the policy
(f Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully submitted.
HU';H S. JOHNSON,
A dmlinz itfrator.













CODE OF FAIR COMPETITION


FOR THE
SET UP PAPER BOX MANUFACTURING INDUSTRY


To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following is hereby established as a Code of Fair
Competition for the above-named Industry and shall be binding on
every member thereof.

ARTICLE I-DEFINITIONS

The following words are used in this Code with the meanings
herein set forth.
"Industry "-The manufacture of boxes made from paperboard
and other accessory materials, which, in ordinary and regular prac-
tice are delivered to the customer fully erected and fabricated, in-
cluding boxes manufactured by a member for his own use, and in-
cluding jewelry boxes, cases, and displays, whether made of paper-
board or not.
"Member'"-A natural person, partnership, corporation, associa-
tion, trust, trustee in bankruptcy, or receiver engaged in such
industry.
Act "-Title I of the National Industrial Recovery Act.
Administrator "-The National Industrial Recovery Adminis-
trator.
ARTICLE II-ORGANIZATION AND ADMINISTRATION

1. The members of the Executive Committee of the National
Paper Box Manufacturers Association, together with such other
person or persons as the Administrator may designate are hereby
constituted the Code Authority of the Industry. The members of
the Code Authority designated by the Administrator shall act in
an advisory capacity and shall have no vote.
2. The said Association shall file with the Administrator certified
copies of any amendments of its Bylaws relating to eligibility or
admission to membership in such Association, or relating to the
method of selection of the members of such Executive Committee,
which such Association may hereafter adopt.
3. The Administrator may at any time prescribe a different method
for selecting the Industry members of the Code Authority, and
thereafter such members shall be chosen in the manner so pre-
scribed.
4. The Code Authority is charged generally with the duty of ad-
ministering this Code under the sanction and with the approval of
the Administrator. All acts of the Code Authority shall be subject
(246)




i







247


to review by the Administrator, and to suspension, modification, or
cancellation by him, in any case in which he shall determine that
any such act violates the purposes of the National Industrial Recov-
ery Act.
5. The expenses of administering this Code shall be borne pro
rata, in accordance with a formula to be adopted by the Code
Authority, by all members of such Industry who accept the benefit
of the services of the Code Authority or otherwise assent to this
Code.
6. The Code Authority shall have power to investigate alleged
violations of this Code and acts or courses of conduct by any member
which are or appear to be contrary to the policy of the Act or which
tend or may tend to render ineffective this Code and to report the
same with recommendations to the Administrator.
ARTICLE III-HOURs OF LABOR
1. Employees in the Industry shall not be required or permitted
to work hours in excess of the limits prescribed in the following
schedule:
SCHEDULE OF WORKING HOURS
(a) Watchmen: Fifty-six (56) hours in any one week, but no
such employee shall be worked more than six (6) days in any seven
(7) day period.
(b) Chauffeurs and truckmen: An average of forty (40) hours
per week in any period of four (4) consecutive weeks.
(c) Engineers and firemen: An average of forty-two (42) hours
per week in any period of four (4) consecutive weeks. All time
worked in excess of nine (9) hours in any one day shall be paid
for at not less than time and one third.
(d) All other laborers, mechanical workers, or artisans employed
in any plant, mill, or factory, or on work connected with the oper-
ation of such plant, mill, or factory: Forty (40) hours per week
with an annual tolerance of seven and one half percent (71/%),
but not more than forty-eight (48) hours in any one week. The
standard work day shall be eight (8) hours, provided, however,
that any member may elect to adopt a standard work day of ten
(10) hours. All time worked in excess of forty (40) hours in any
one week or in excess of the individual member's standard work
day, or on the fifth or following day in any calendar week, when
the member has elected the ten hour day, shall be paid for as not
less than time and one third. Any member who elects to adopt the
standard work day of ten (10) hours shall file notice of such elec-
tion with the Code Authority and may not revert to a standard
eight (8) hour day for a period of at least one year thereafter, and
on so doing, shall give notice thereof to the Code Authority.
(e) Executives and their personal secretaries and other employees
engaged in a supervisory capacity receiving $35.00 or more per week
and outside salesmen: No limitation.
(f) All other employees: An average of forty (40) hours per
week in any period of thirteen (13) consecutive weeks, but not more
than forty-eight (48) hours in any one week.







248


2. No limitation contained in said Schedule shall apply to em-
ployees of any class when engaged in emergency repairs or emergency
maintenance work occasioned by break-downs or involving protection
of life or property. All hours worked under this section in excess
of the limitations prescribed in this Article shall be paid for as not
less than time and one third.
3. No employee shall be permitted to work for two or more mem-
bers of the Industry an aggregate number of hours in excess of the
number prescribed in said Schedule.
4. Female employees shall not be permitted to work between the
hours of 10: 00 P.M. and 6: 00 A.M.
5. All time worked on Sunday shall be paid for as not less than
time and one third, provided, however, that watchmen shall be
exempt from this provision.

ARTICLE IV-WAGES

1. The minimum rate of wage of any laborer, mechanical worker
or artisan employed in any plant, mill, or factory, or on work con-
nected with the operation of any such plant, mill, or factory, shall
be as follows:
(a) Northern zone, which shall comprise all States except those
listed in subsection (b) :
Male: 371,0 per hour.
Female: 321. per hour.
(b) Southern zone, which shall comprise the States of Virginia,
Kentucky, North Carolina, South Carolina, Georgia, Florida, Ala-
bama, Tennessee, Louisiana, Mississippi, Arkansas, Texas, and
Oklahoma:
Male 321,2o per hour.
Female: 30v per hour.
2. Pieceworkers shall be paid at rates which will yield a worker
for an hour's work not less than the minimum rate above prescribed.
3. The minimum rate of wages for all other employees except
commission salesmen shall be as follows: Fourteen dollars ($14)
per week.
4. Female employees performing substantially the same work
under the same conditions as male employees shall receive the same
rate of pay as male employees. The Code Authority shall within
90 days after the effective date of this Code file with the Adminis-
trator a description of all occupations in the Industry in which both
men and women are employed.
5. The wage rates of all employees receiving more than the mini-
mum rates herein prescribed shall be reviewed and such adjust-
ments, if any, made therein as are equitable in the light of all the
circumstances, and within forty-five (45) days after the effective
date hereof, the Code Authority shall report to the Administrator
the action taken by all members of the Industry under this Section.
6. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage of not less than 80% of the minimum prescribed by this
Code, provided the State Authority designated by the United States
Department of Labor shall have issued a certificate authorizing







249


his employment on such basis. Each member shall file with the
Code Authority a list of all such persons employed by him. The
provision of this Section requiring a certificate of authority shall
not become effective until sixty days after the effective date of-
this Code.
ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed in
the Industry. No person under eighteen (1S) 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 Administrator within sixty (60) days after the effective date
of this Code 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 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.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the 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
collective bargaining or other mutual aid or protection. No em-
ployee and no one seeking employment shall be required as a condi-
tion of employment to join any company union or to refrain from
joining, organizing, or assisting a labor organization of his own
choosing. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
3. 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, sani-
tary or general working conditions, or insurance or fire protection,
than are imposed by this Code.
4. After January 1, 1934, the manufacture or partial manufacture
of any product of this Industry in the home of a worker shall be
prohibited.
5. No employer shall reclassify employees or duties of occupations
performed or engage in any other subterfuge for the purpose of de-
feating the purposes or provisions of the Act or of this Code.
6. All employers shall post copies of Articles III, IV, and V
of this Code in conspicuous places accessible to employees.
7. 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 within six (6)
months after the effective date of this Code.
8. No provision in this Code shall supersede provisions as to
hours, wages, and conditions of employment which are established
for specific projects by competent governmental authority acting
in accordance with law, or to terms of employment which are estab-
lished by labor agreements now in force, where either the wages are







250


higher or the hours of labor are shorter, or both, than are those
set forth in this Code.
9. The Code Authority shall make a study of conditions in the
Industry to determine the feasibility of the adoption of a shorter
working week and shall, within three (3) months after the effec-
tive date of this Code make a report of its findings to the Admin-
istrator. The Code authority shall also submit to the Adminis-
trator within six (6) months after the effective date of this Code, a
plan for the stabilization and regularization of employment.

ARTICLE VI-ACCOUNTING-SELLING
1. The Code Authority shall, as soon as practicable, formulate a
standard method of accounting and costing for the Industry and
submit the same to the Administrator. When it shall have been
approved by the Administrator, every member shall use an account-
ing and costing system which conforms to the principles of, and is at
least as detailed and complete as, such standard method.
2. Each member shall, on or before 30 days after the effective
date of this Code, file with the Code Authority complete schedules
in such form and with respect to such items as the Code Authority
shall prescribe, of prices, terms, and conditions of sale for domestic
consumption (including all differentials, discounts, trade allowances,
special charges, and practice regarding samples) of all products
offered for sale by such member, and shall so file all subsequent
changes therein or revisions thereof at least 24 hours prior to the
effective time of any such changes or revisions. The Code Au-
thority shall, upon request, furnish any person concerned, whether
or not a member of the Industry, a copy of all such schedules and
of all changes and revisions thereof.
3. Except in fulfillment of bona fide contracts existing on the
effective date of this Code, no member shall sell any products of
the Industry for domestic consumption at a price or prices lower
than or upon terms or conditions more favorable than stated in
his price schedules then on file, provided, however, that discon-
tinued lines or damaged goods or seconds or distress merchandise
required to be sold to liquidate a defunct business, may be dis-
posed of in such manner and on such terms and conditions as the
Code Authority may approve.
4. No member shall sell any product of the industry at less than
the cost thereof to such member, which cost shall be determined
pursuant to the method of accounting and costing prescribed by
Section 1 of this Article as soon as such method is prescribed and
theretofore pursuant to the method employed by such member sub-
ject to such preliminary rules as the Code Authority shall from
time to time prescribe, provided, however, that a member may sell
at a lower price when necessary to meet competition but at not less
than the lowest price not in violation of this Code offered by any
competitor.
5. Contracts for future delivery shall provide that final delivery
completing such contracts shall be made either within a period of
six months from the date of such contracts or before the end of the
calendar year, but not both.







251


6. The Code Authority may prepare and submit to the Adminis-
trator for his approval a standard order, invoice, or acknowledg-
ment form that shall embody all the terms and conditions of sale,
including price, description, discount and discount period, arbitra-
tion, packing and delivery charges, delivery date, a statement of the
tolerance for overruns or underruns, and such other conditions as
the Code Authority may adopt protecting fairly and equitably the
relations between the seller and the buyer, and the same when so
approved shall be used by all members of the Industry.
7. When the standard form provided for in Section 6 of this
Article shall have been approved by the Administrator the Code
Authority may from time to time require that any or all members
of the Industry shall file with the Executive Secretary of the Code
Authority, within twenty-four (24) hours after the mailing thereof
to customers, duplicates of all invoices covering shipments made by
such members.

ARTICLE VII-REPORTS AND STATISTICS
1. Each member shall prepare and file with the Executive Secretary
of the Code Authority at such times and in such manner as it may
prescribe, such statistics, data, and information relating to plant ca-
pacity, volume of production, volume of sales in units and dollars,
orders received, unfilled orders, stocks on hand, inventory both raw
and finished, number of employees, wage rates, employee earnings,
hours of work, and other matters, as the Code Authority or the Ad-
ministrator may from time to time require. Any or all information
so furnished by any member shall be subject to checking for the pur-
pose of verification by an examination of the books and accounts and
records of such member by any disinterested accountant or account-
ants or other qualified person or persons designated by the Code
Authority.
2. Except as otherwise provided in the Act, or in this Code, all
statistics, data, and information filed or required in accordance with
the provisions of this Code shall be confidential and the statistics,
data, and information of one member shall not be revealed to another
member. No such data or information shall be published except
in combination with other similar data and in such a manner as to
avoid the disclosure of confidential information. The Code Author-
ity shall arrange, in such manner as it may determine, for the publica-
tion currently to members totals of orders received, unfilled orders,
shipments, stocks of finished goods on hand, production and labor
statistics.
3. The Code Authority shall make such reports to the Administra-
tor as he may from time to time require.
4. In addition to information required to be submitted to .the
Code Authority there shall be furnished to Government Agencies
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act.

ARTICLE VIII-TRADE PRACTICES
1. False Billing.-No member shall withhold from or insert in
any quotation or invoice any statement that makes it inaccurate in
any material particular.







252


2. Interference with contracts.-No member shall attempt to in-
duce the breach of an existing contract between a competitor and his
employee or customer or source of supply; nor shall such member
interfere with or obstruct the performance of such contractual duties
or services.
3. Commercial Bribery.-No member shall attempt to secure orders
or business by the giving or offering of gifts of money or anything
of value to customers, their employees, or anyone acting in their
behalf. The free distribution of articles commonly used for advertis-
ing, provided that such articles are given to the trade generally, is
not hereby prohibited.
4. Misrepresentation.-No member shall misrepresent his products
or the materials of which they are made, or substitute inferior
materials without the knowledge of the purchaser, or describe such
products in a manner which tends to deceive customers.
5. Piracy of Design.-No member shall reproduce or copy without
the written consent of the originator, an original package or design,
which shall have been filed with the Executive Secretary of the Code
Authority in accordance with such regulations as the Code Authority
may prescribe. Protection of such origination shall be limited to
two years from the date of filing.
6. Claiming Code Participation.-No member shall represent that
he is a participant in this Code unless he shall have participated in
the expense of administration thereof.
7. False Information to Code Author;ty.-Furnishing false infor-
mation to the Code Authority, or to the Executive Secretary there-
of, shall be a violation of this Code.

ARTICLE IX-RECOM MENDATIONS
1. The Code Authority may, from time to time, present to the
Administrator recommendations based on conditions in the Industry
which will tend to effectuate the operation of this Code and the
policy of the Act, and in particular along the following lines:
(a) For the establishment of additional rules of fair trade prac-
tice for the Industry and for the codification of its trade customs,
and the enforcement thereof.
(b) For the establishment of plans to bring about a reasonable
balance between the production and consumption of the products
of the Industry.
Such recommendations when approved by the Administrator shall
have the same force and effect as the provisions of this Code.

ARTICLE X-GENERAL PROVISIONS
1. If any member is also a member of another Industry, the pro-
visions of this Code shall apply to and affect only that part of his
business which is included in this Industry.
2. Any work or process incidental to, and carried on by a member
at his plant as a part of the manufacture of any product of the
Industry, shall be regarded as a part of this Industry.
3. Such of the provisions of this Code as are not required to be
included therein by the Act, may, with the approval of the Presi-
dent of the United States, be modified or eliminated as changes in
circumstances or experience may indicate.







253

4. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of Section 10 (b) of the Act, from time to time to cancel or
modify any order, approval, license, rule or regulation, issued under
Title I of said Act, and specifically, but without limitation, to the
right of the President to cancel or modify his approval of such Code
or any conditions imposed by him upon his approval thereof.
5. This Code shall become effective on the second Monday after
the date upon which it shall be approved by the President of the
United States.
Approved Code No. 167.
Registry No. 406-03.


O




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