UNIVERSITY OF FLORIDA
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3 1262 08486 7588
Registry No. 1013-07
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
WHITE WET GROUND MICA
AS SUBMITTED ON AUGUST 18, 1933
E -IWi DO OUR PART
The Code for the White Wet Ground Mica Industry
Sin its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this Industry
GOVERNMENT PRINTING OFFICE
1:W. *re by the Superintendent of Docaments, Washington, D.C - Price 5 cents
WHITE WET GROUND MICA ASSOCIATION
CODE OF FAIR COMPETITION FOR THE WHITE WET
GROUND MICA INDUSTRY
AUGUST 18, 1933.
To effectuate the policy of Title I of the National Industrial
Recovery Act during the period of the emergency, by reducing and
relieving unemployment, improving the standard of labor. elimi-
nating competitive practices destructive of the interest- of the public,
employees, and employers, relieving the disastrous effects of over-
capacity, and otherwise rehabilitating the White Wet Ground Mica
industry and by increasing the consumption of minerals and indus-
trial and agricultural products by increasing purchasing power,
and in other respects, the following provisions are established as a
code of fair competition for the White Wet Ground Mica industry.
No provision in this Code shall he interpreted or applied in such
a manner as to: (a) Promote or permit monopolies; (b) Permit or
encourage unfair competition; (c) eliminate, discriminate against,
or oppress small enterprises.
This Code shall be enforced impartially upon all members of the
industry whether or not they are members of the White Wet Ground
Mica Association-the applicant for this Code-after any objecting
member of the industry has been given opportunity to present his
case to the Federal Administrator.
PART I-EMIPLOYMENT AND PRODUCTION
SECTION 1. Dt fiAtitins.-The term "W white Wet Ground Mica In-
dustry as used herein is defined to mean the business of wet ground
processing of mica. The term "'employees" as used herein shall
include all persons employed in the conduct of such operations.
The term member of the industry as used herein is defined to
mean a manufacturer and/or importer of white wet ground mica.
The term association as used herein is defined to mean the White
Wet Ground Mira Association or its successors. The term "effec-
tive date as used herein is defined to mean Monday, Augu-t 28,
SEC. 2. Labo,.-(a) Employees shall have the right to organize
and bargain collectively through representatives of their own chod.s-
ing, 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
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company or union or to
refrain from joining, organizing, or assisting a labor organization of
his own choosing.
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President of the United States.
SEC. 3. (a) On and after the effective date the minimum wage that
shall be paid by any employer in the industry to any employee
engaged in the processing of white wet ground mica and any labor
operations directly incident thereto shall be 40i per hour, unless the
rate per hour for the same class of labor on July 15, 1929, was less
than 400, in which case the rate per hour shall be not less than the
rate per hour paid on July 15, 1929, and provided also that in no
event shall the rate per hour be less than 32 per hour; and provided
further, that learners may be paid not less than 80 percent of the
minimum rate paid determined in the manner above provided, but
the number of learners receiving less than such minimum rate so
determined shall not exceed 5 percent of the total number of em-
ployees engaged in the processing of white wet ground mica and in
labor operations directly incident thereto.
(b) On and after the effective date the minimum wage that shall
be paid by any employer to all other employees, except commission
salespeople, shall be at the rate of $15 per week; provided, however,
.that office boys or girls and learners may be paid not less than 80
percent of such minimum wage, but the number of such office boys or
girls and learners paid at a rate of less than $15 per week shall not
exceed 5 percent of the total number of employees covered by the
provisions of this paragraph (b).
SEC. 4. (a) On and after the effective date, members of the indus-
try shall not operate on a schedule of hours of labor for their
employees-except continuously operating machine crews, repair-
shop crews, engineers, electricians, firemen, office and supervisory
staff, executives, traveling and commission salesmen, shipping and
watching crews-in excess of 36 hours per week.
(b) On and after the effective date, the maximum hours of labor
of continuously operating machine crews shall be 40 hours per week.
(c) On and after the effective date the maximum hours of labor
of repair-shop crews, engineers, electricians, and watching crews in
the industry shall, except in case of emergency work, be forty hours
a week with a tolerance of 10 percent. Any emergency time in any
mill shall be reported monthly to the White Wet Ground Mica
(d) The maximum hours of labor for office employees in the in-
dustry shall be an average of forty hours a week over each period
of six months, except executives, administrative and supervisory
employees, and travelling and commission salesmen.
(e) Provided, however, that these limitations shall not apply
when a seasonal or peak demand places an unusual and temporary
burden upon the industry; during such periods such number of
hours may be worked as are required by the necessities of the situ-
ation, but at the end of each calendar month every employer in the
industry shall report to the Secretary of the Association, in such
detail as may be required, the number of man hours worked in
that month on account of seasonal or peak demand requirements,
and the ratio which said man hours bear to the total number of man
hours of labor during said month; and
Provided. further, that these limitations shall not apply in cases
of emergency, but at the end of each calendar month every employer
in the industry shall report to the Board of Directors of the Asso-
ciation, in such detail as may be required, the number of man'hours
worked in that month for emergency reasons and the ratio which
said emergency man hours bears to the total number of man hours
of labor during said month.
(f) Under no circumstances shall an employee be employed or
permitted to work for one or more employers in the industry in the
aggregate in excess of the prescribed number of hours in a single
SEC. 5. Agreements between members of the industry and their
employees and between members of the industry and other persons,
firms, or corporations in effect on August 1, 1933, if in any way
affected or modified by regulations promulgated or put into effect
under the act shall be so affected only during such time as the act
is in effect and operative.
SEC. 6. On and after the effective date, employers in the industry
shall not employ any minor under the age of 16 years.
SEC. 7. With a view to keeping the President informed as to the
observance or nonobservance of this Code of Fair Competition, and
as to whether the White Wet Ground Mica Industry is taking ap-
propriate steps to effectuate the declared policy of the National In-
dustrial Recovery Act, each person engaged in said industry shall
furnish to the Secretary of the White Wet Ground Mica Associa-
tion duly certified reports in substance as follows and in such form
as miy hereafter be provided:
(a) Wages and Hours.-Returns monthly showing actual hours
worked by the various accupational groups of employees, and mini-
mum weekly rates of wages.
(b) Reports of Production, Stock.s, and Orders: Returns shall be
made as received by every member of the industry showing individual
orders entered, shipped, and unfilled, with price per pound and
F.O.B. point of each. White Wet Ground Mica Association or its
successors. New York, N.Y., is hereby constituted the agency to collect
and receive such reports.
(c) Each member of the industry shall file with the Secretary of
the Association a list of every order he has on hand on the effective
date of this Code together with price, terms, and F.O.B. point.
PART II-FAIR COMPETITIVE PRACTICES
SECTION 1. Every employer in the industry shall use an accounting
system, which conforms to standard and uniform methods of account-
ing and to a costing system to be formulated or approved by the
Board of Directors of the Association to meet the individual condi-
tions of the industry.
SEC. 2. No employer in the industry shall sell or exchange any
product, material, or service of the industry at a price or upon such
terms or conditions that will result in the customer paying for the
goods or service received less than the cost to the seller, determined
in accordance with the uniform and standard method of costing here-
SEC. 3. Each member of the industry shall, within ten days of the
effective date hereof, file with the Secretary of the Association his
current delivered prices and terms of payment, and the Secretary
of the Association shall immediately send copies thereof to all known
manufacturers of such specified products. Revised delivered prices
and/or terms of payment may be filed from time to time thereafter
with the Secretary of the Association by any member of the industry,
to become effective upon the date specified therein, but such revised
delivered prices and/or terms of payment shall be filed with the
Secretary of the Association ten days in advance of the effective date,
unless the Board of Directors of the Association shall authorize a
shorter period. Copies of revised delivered prices and/or terms of
payment, with notice of the effective date specified, shall be immedi-
ately sent to all known manufacturers of such product, who there-
upon may file, if they so desire, revisions of their delivered prices
and/or terms of payment, which shall become effective upon the date
when the revised delivered prices and/or terms of payment first filed
shall go into effect.
SEC. 4. No member of the industry shall sell directly or indirectly
by any means whatsoever any product of the industry at a lower price
or on more favorable terms of payment than his current delivered
prices and /or terms of payment.
SEC. 5. Prior to the effective date of any and all revised prices
and or terms of payment no member of the industry shall tell,
suggest, or intimate to a customer or prospective customer that
said member of the industry has or intends to file revised prices
and, or terms of payment.
SEC. 6. No member of the industry shall accept an order or con-
tract for any product of the industry for delivery beyond sixty
days from the day said order or contract was signed.
SEC. 7. Every member of the industry shall keep on file with
the Secretary of the Association an up-to-date list of all his dis-
tributors and/or agents, each one of whom shall sign a written
agreement to accept, and abide by the preceding Sections 4, 5, and 6.
of Part II of this Code.
SEC. 8. When a member of the industry sells nonindustry and
industry products together to the same customer, he shall not quote
a combined lump sum price which is less than the sum of current
market, prices of the separate products.
SEC. 9. No member of the industry shall give or accept secret
payment or allowance of rebates, refunds, or unearned discounts.
whether in the form of money or otherwise, or extend to certain pur-
chasers special services and.,or privileges not extended to all
SEC. 10. No member of the industry shall be a party to com-
mercial bribery in any form.
SEC. 11. No member of the industry shall engage in any mis-
representation-direct or implied.
SEC. 12. No member of the industry shall make an invoice and/or
contract which is a false record of a transaction.
SEC. 13. No member of the industry shall induce or attempt to.
induce the cancellation of an order of the breach of a contract.
between a competitor and his customer or distributor.
SECTION 1. (a) White Wet Ground Mica Association is hereby
designated the agency for administering, supervising, and promot-
ing the performance of the provisions of this Code by the members
of the White Wet Ground Mica Industry.
(b) White Wet Ground Mica Association, the applicant herein,
agrees to accept and be bound by all of the provisions of this Code
and/or other regulations established for the industry by the Board
of Directors of the Association and approved by the President of
the United States.
SEc. 2. The Association imposes no inequitable restrictions on
admission to membership and every member has but one vote.
SEC. 3. To further effectuate the policies of the Act the Board of
Directors of the Association shall cooperate with the Federal Ad-
ministrator as a planning and fair practice agency for the industry.
Such agency, may from time to time, present to the Federal Admin-
istrator recommendations based on conditions in the industry as they
may develop from time to time which will tend to effectuate the
operation of the provisions of this Code and the policy of the
National Industrial Recovery Act.
SEC. 4. (a) Any alleged infractions of this Code by members of
the industry shall be investigated by the Secretary of the Associa-
tion who shall report the facts to the Board of Directors of the
Association before any legal action is taken by the Association.
(b) 'Every member of the industry shall, upon request, make any
or all of his records pertaining to industry business available to the
Secretary of the Association or his representative.
SEC. 5. The expense of administering this Code and leasing or
purchasing plants capable of producing products of the industry
shall be budgeted by the Association. Such expense shall be charged
to and paid by each member of the industry every quarter in pro-
portion to the value of his shipments, in dollars, of White Wet
Ground Mica during the preceding quarter provided that no quar-
terly payment hereunder shall be less than $150.
SEC. 6. Every member of the industry shall pay to the Association,
quarterly upon demand, the assessment determined in accordance
with Section 5 of Part III hereof and commencing September 1, 1933.
SEC. 7. (a) This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Clause 10 (b) of the National Industrial Recovery Act,
from time to time, to cancel or modify any order, approval, license,
rule or regulation, issued under Title I of the said Act, and specifi-
cally to the right of the President to cancel or modify his approval
of this Code or any conditions imposed by him upon his approval
(b) Such of the provisions of this Code as are not required to be
included herein by the National Industrial Recovery Act, may. with
the approval of the President of the United States, be modified or
eliminated by the Board of Directors of the Association as changes
in circumstances or experience may indicate.
WHITE WET GROUND MICA ASSOCIATION,
522 Fifth Aveinue, New York.
STEWART N. CLARKSON, Secretary.
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