Code of fair competition for the buffing and polishing composition industry

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Title:
Code of fair competition for the buffing and polishing composition industry as approved on November 4, 1933 by President Roosevelt
Physical Description:
v, 6 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Grinding and polishing -- Law and legislation -- United States   ( lcsh )
Industries -- 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:
Includes: 1. Executive order. 2. Letter of transmittal. 3. Code.
General Note:
"Registry no. 1001-01".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851189
oclc - 31955369
System ID:
AA00007875:00001

Full Text

UNIV. OF FL L. j




U.S. DEP~SITORY


I- I
ar# sal by the Surperintendent of Docuzments, Washington, D.C. - Price 5 cents


7 c-


Registry No. 1001--01


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



BUFFING AND POLISHING

COMPOSITION INDUSTRY


AS APPROVED ON NOVEMBER 4, 1933
BT
PRESIDENT ROOSEVELT


un mar~


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




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933


UNVRST OF1111111 FLORIDA11111111111 1111111

























This publication is for sale by the Superintendent of Document~s, Government
Printing Office, Washington, D.O., and by district oflces of the Bureau of
lioreign 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.
Buttalo,, N.Y.: Chamber of Commerce Building.
Charleston, S.C.:r Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ieb.: 2213 First National Bank Building.
HIouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Buildmng.
K~ansas City, Mo.: 1028 Baltimore Avrenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K'.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Mlinneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Ncew Post Offce Building.
St. Louis, Mo.: 506 Olive Street.
Ban Francisco, Calif.: 310 Custombouse.
Battle, Wash.: 809 Federal Building.












(PI


















EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR THE BUFFING AND POLISHINGI
COMrPOSrTION INDUSTRY

An application having been duly made, pursuant to and in full
compliance with the provisions of title I of the National Industrialt
Recovery Act, approved June 16, 1933, for my approval of a Code of
Fair Competition for the Buffing and Polishing Com~position Indus-
try, and hearings having been held thereon and the Administrator
having rendered his report containing an analysis of the said code
of fair competition. together wFith his recommendations and findings
with respect thereto, and the Administrator having found that thie
said code of fair competition complies in all respects with the perti-
nent provisionls of title I of said act and that the requirements of
clauses (1) and (2) of subsection (a) of section 3 -of the saidl 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 Industr~ial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report and recommendations,
and findings of t~he Aldministrator and do order that the said code
of fair competition be, and it is hereby, approved.
FRANKLIN D. ]ROOSEVELT.
THE nHITE HOUSE,
No vemb er 9, 1933.
Approval recommended :
Honc S. JOHNSON,
Administrator.













NOVEMaBER 2, 1933.
The PRESIDENT,
Th~e TVhite How~e.
SIR : This is a report on the Code of Fair Competition for the
Buffing and Polishing Composition Industry in the United States,
the hearing having been conducted in Washington on October 18,
1933, in accordance with the provisions of the National Industrial
Recovery Act.
PROVISIONS FOR HOURS AND WAGES

The ma ximum of 40 hours a week and 8 hours a day is provided for
fact~ory employees, except during emergency periods when the maxi-
mum may be 48 hours per week for 6 weeks mn any 6 months pericid, .
prTovided that the average will not exceed 40 hours per week. Time
and a third is paid for overtime. Employees engaged in preparation,
care, and maintenance, in delivery work, and nonproducing supervis-
ors will have a tolerance of 10 percent above the 40-hour maximum,
provided that their average time is not more than 441 hours per weekE
average in any 2-month period. Time and a third will also be paid
to these employees for overtime.
The limitations in hours will not apply to persons mna managerial
or executive capacity who receive more than $35 per weekr; nor to
traveling salesmen or watchmen, the latter limited to 48 hours weekly.
There will be no difference in the rates to male, and female employees,
whether they are on a time or piecework basis. Accounting, clerical,
seriuce, sales, or other offce employees will not be reqluiredl to work
mor~le than 40) hours a week, averaged over any 2-rnonth period, nor
more than 48 hours in any one week.
The minimumn wage to fa.ctory workers will be 40 cents per bour.
Exceptions to this rate apply to employees engaged in hight and
repetitive~ workr who will receive a minimum of 321,/2 cents per hour,
andl to lear~ners w~ho wrill receive no less than 80 percent of this
minimum. Office employees will receive no less than $15 per week,
except for office boys and girls who will receive no less than 80
percent of this minimum.
CHILD LABOR

TPhe minimum age of employees will be 16 years; except in
hazardous occupations where the miinimumn will be 18 years.

ECONOMIIC EFFECT OF CODE

The 40-hiour normal week for factory employees, with the addi-
tional pay for overtime, should tend to level emlployment peaks in
this Industry, and materially increase the number of workers as
soon, as business conditions improve in the capital goods industries.








The working hours of this Industry havre been fromt 48 to 55
hours per week, with 50 as a fair average. The minimum wage
rates have been 20 to 30 cents an hour, with 25 cents as a fair aver-
age. The increase in pay roll, as a result of the labor provisions,
has been estimated at 35 percent.
The abrasive compositions manufactured by this Industry are
used for buffing and polishing metals and other materials. In recent
years these products have had to compete with a cheaper mixture
of greases and abrasive powder which is sometimes prepared by
users themselves, especially among large manufacturers. Comipeti-
tion has been severe, too, with paints and enamels used for finishing
surfaces; in the stove trade, a substitute in the form of a vitreous
enamel finish is being used extensively.
There are 32 concerns in this Industry, with a total volume of
business of $1,000,000 in 19312, which was only 27 percent of produc-
tion capacity ($3,500,000) and 63 percent less than thle 1929 sales
volume ($2,600,000). Employment since 1929 has dropped 28
percent.
FINDINGS

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 limi-
tation, subsection (a) of Section 7i and subsection (b) of Section 10
thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership theremn and is truly representative of the
Buffing and Polishing Composition Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies 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 Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully,
HoonH S. JoHPson,
A dminisLtrator.






































































































I9
. ";L i












CODE OF FAIR COMPETITION FOR THE BUFFING AND
POLISHING COMPOSITION INDUSTRY
ARrlCLE I PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submittedl as a Code
of Fair Competition for t~he B~uffing and Polishing Composition In-
dustry, and upon approval of the Presidlent. shall be the standard
of fair competition for this Industry.
ARTICLE II DEFINITIONS

The termn Industry as used herein includes the mianufacture
of buffing and polishing compositions, which are defined as abrasive
compositions and other compounds for the buffing and polishing of
metals and other materials.
The term "'Association as used herein means the Bufling and
Polishing Composition MIanufacturers' Association.
The term "i Employee as used herein includes anyone engaged
mn any phase of t~he industry in any ca.pacityv in the nature of
employee irrespective of the method of payment of his compensation.
The term '' Employer as used herein includes anyone for whose
benefit such an employee is so engaged.
The term Member of the Industry includes any manufacturer
who shall be subject to this Code.
The termn "LAdministrator as used herein means the Admninistra-
tor of Title I of the National Industriail Recovery Act.
The term "' Effective Date "' as used herein shall be thle date uipon
which this Code shall have the approval of the President of the
United States.
ARTICLE III HOURS

(a) Factory employees, mechanical workers, and artisans in the
Industry, except as hereinafter provided, shall not. be emiployved in
excess of 401 hours per week, nor more than 8 hours in any one day;
provided, however, that during any period of emergency an em-
ployee of such classes may be permitted to w~ork up to but. niot more
than 48 hours per week in six (6) weeks of any six (6) month
period; provided, however, that thle average over this period shall
not exceed 40 hours per week. Employees in this category for hours
worked in excess of 40 hours per week or eight (8) hours per day
shall be paid at the rate of one and one third times the regular rates.
(b) There shall be a tolerance of 10 percent additional hours over
the above 40 hours for employees engaged in the preparation, care,
and maintenance of plant, machinery and production facilities, stock
and shipping clerks, delivery employees, and nonproducing super-
visors provided that such tolerance shall not result in such employees
19501"--188-15 -33(1








working in excess of an average of 44 hours per week over any two
(2) month period. Employees listed in this paragraph (b) for hours
worked in excess of 40 hours per week or 8 hours per day shall be
paid at the rate of one and one third times the regular rate herein
provided.
(c) The limitations as to hours of labor shall not apply to er
sons mna managerial or executive capacity who receive more a
$35.00 per week; nor to commercial traveling salesmen; nor to watch-
men who shall be limited to a work week not to exceed 48 hours.
(d) No accounting, clerical, service, sales, or other office employees
shall work more than forty (40) hours prweek average In any
two (2) month period nor more thanfot-eight (48) hours in
any one week.
(e) No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours prescribed for
each diay and week, whether employed by one or more employers.
AiRrICLE nT-- AGES

(a) The minimum wage that shall be paid to any employee in
this industry shall be 40 cents per hour with the following excep-
tions :
(1) Employees engaged in light and repetitive work who shall
be paid at the rate of not less than 324/a cents per hour.
(2) Learners, who for a period not to exceed 10 weeks may be
employed at not less than 80% of the minimum wage, such learners
to constitute not more than 10%o of the total of employees, nor more
than 10 employees in any one gaIi o e tn h nmuplant.
(3) WItatchmen, whoshlbepdnolestatemiiu
weekly wage of $13.00 for a work week not to exceed 48 hours.
(b) All1 employees mentioned in paragraph (d) of Article III
shall be paid at the rate of not less than fifteen dollars ($15) per
weekr.
(e) No employees of the classes mentioned in paragraph (d) of
Article III now receiving compensation at a rate in excess of the
minimum provided in paragraph (b) of this Article IV, next above,
shall have their compensation reduced on account of any reduction in
the weekly hours of employment to conform with the requirements
of paragraph (d) of Article III.
(d) The minimum wage that shall be paid to of~ee boys and girls,
and messengers, by any member of this Industry shall be not less
than 80%r of the minimum wage stipulated in paragraph (b) of this
Article IV7. Office boys and girls, and messengers shall constitute
not more than 10%~ of the total number of employees of any employer,
nor more than 5 such employees in one plant.
(e) W~here employees' earnings on piecework, divided by the num-
ber of hours worked, produce a, result under the minimum wage stipu-
lated in paragraph (a) of this Article IV, such earnings shall be so
adjusted as to conform with the aforesaid minimum wage.
(f) The differences in hourly rates for all operations shall be equi-
tably readjusted and in no ease shall they be decreased. Each member
of the Industry shall report all such readjustmlents made since M~ay
1, 1933, to the ~Code Authority within 30 day~s of the effective date.








(g) No distinction in rates shall be made between male and female
-employees where substantially the same class of work is performed
regardless of whether compensation is calculated onl an hourly,
weekly, monthly, or piecework basis. WIher~ever they displace men on
any operation, women are to be paid at the same rate as the mlen who
were displaced.
(h) There shall be no evasion of thlis Code by any employer in
the Industry by reclassification of the functions of employees. An
employee shall not be included in one of the classifications exempted
from the provisions of this C~ode, unless the identical functions were
identically classified on June 16, 1933.
(i) No person who has worked as a learner for one member for the
period of time prescribed under thle termn learner in Article II
may thereafter be classified as a learner.
()Nothing in this Article IV shall a.pply to or effect any out-
side salesmen compensated on a commission basis.

ARTICLE -V-C(HILD LaBOR
No person under the age of 16 years shall be employed in the
Industry and no one under the age of 18 years shall be employed
in hazardous work.
ARTICLE VI ADMeSRwTIsmNo
1. To further effectuate the policies of the National Industrial
Recovery Act., a Code Aut~horityv is hereby set up to cooperate with
the Administrator in the Administration of this Code.
(a) The Code Authority shall consist of the Executive Committee
of the Buffng and Polishing Composition Ma~nufacturers Association,
two representatives that mayv be elected by the nonmembers of t.he
abov asociaionin awaysatisfactory t.o the Administrator, if they
so desire, and not morethntrerrenttisthtmybap
pointed by the President if he so desires to represent the National
Recovery Administration who shall act in an advisory capacity and
shall have no vote. The Code Authority shall complete their own
organization by the election of offcers.
(b) Any member of the Industry is eligible for miember~ship in
the Code and there shall be no inequitable restrictions on such iemi-
bership. Any such member may participate in theprarto n
any revision of and additions or supplements to this Cd ypyn
the proper pro rata share of the cost and reponsibhlity of creating~
and administering it, either by becoming a. member of the A~ssocia-
tion or by paying his proper share of the costs to the Code Authority.
(c) In order that the Code Authorit~y shall at all times be truly
representative of the Indu'st~ry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearlings
as he may deem proper; and thereafter if he shall find that t~he Code
Authority is not truly representative or does not. in other respects
comply with the provisions of the Act, may require an appropriate
modi~cation in the method of selection of thle Code Authlority.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act and subject to review by the
Adm in istrator.
19501"--188-165583--2








(a) To collect from members of the Industry all data, reports,
and statistics w~hen and as required by the President and/or the
Administrator and...'or their agent or agents and/or the Code Au- ti
thority. Such information shall be held confidential by the Code +
Authority. Each such member shall send his data signed by an
offcer, partner, or owner of such member to the agent of the Code
Authority. This agent shall assemble all such data and resent to
the Code Authority only the combined totals. Each sue member
shall retain copies of hIs owfn data to be sent direct by him to the
Adlministrator, if required by the latter. Reports submitted by
the Code Authority to the President and/or the Administrator shallt
be in the form prescribed and/or approved by him. Ii
(b) To represent the Industry inl conferring with the President or
hlis agents with respect to the administration of this Code and in
respect to the Act and any regulation issued thereunder.
(c) To hear and investigate complaints and attempt to adjust the
same in accordance with lawr.
(d) To coordinate the administration of this Code with such Codes,
if any as may be adopted by any subdivision of this Industry, or
any rela ted In~dustry, with a view to providing joint and harmonious
action on all matters of common interest, al'l with the approval of
the Administrator.
(e) To study the trade practice provisions of Article VII and the
operation thereof, and make recommendations from time to time to
the Administrator which it deems desirable for modification or addi-
tion thereto, which upon the approval of the President or the Ad-
ministrator, after such1 hearing as he may prescribe, shall become a
part of this Code and have full force and effect as provisions hereof.
(f) To make rules and regulations necessary for the administra-
t~ion of this Code, subject to the right of any affected person to appeal
to the Adlministrator..
C(dg) In addition to information required to be submitted to the
Coe uthority there shall be furnished to G~overnment agencies
such statistical In-formation as the Administrator may deem necessary
for the purpose recited in Section III (a) of the Act..
ARTICLE VII UNFAIR TRADE PRACTICES
Fior all purposes of this Code the following acts shall constitute
unfair p~ractices and each such act shall be a violation of this Code.
(a) MZakinga or promising to any purchaser or prospective pur-
chaser of any product, or to any officer, employee? agent, or repre-
sentative of any such purchaser, or plrospective purchaser, any bribe,
gratuity, gift, or other payment or remuneration, directly or
directly.
(b) Proculring otherwise than with the consent of a member of
the Indust~ry, anly secret or confidlential information concerning the
business of such memb~er.
(c7) Dissemi;nating, publishiing. or circulating any false or mis-
leading information relative to any product, or price for any product,
of any member of thle Inldust~ry, or the credit standing or ability of
any member thereof to perform any' workr or manufacture or produce
any product in t~he Industry or to t~he conditions of employment
among the employees of any member thereof.








(d) Payment or allowing to any purchaser in connection with
the sale of any product any rebate, commission, credit, discount, or
similar concession other than is permitted by the Code and speci-
fled in the order or contract of sale.
(e) Inducing, or attempting to induce, by any means any party
to a contract with another member of the Industry operating under
this Code to violate such contract.
(f) Aiding or abetting any member of the Industry in any unfair
practice in the Industry.
(g) Mlakinga or giving t~o any purchaser of any product of the
Industry any guarantee or protection in any form against decline
in the market price of such product.
(h) 1Making any sale or contract. of sa~le of any product of the
Industry under any' misleading or false description.
(i) Mlaking exrcessive allowances or adjustments to a customer for
alleged defective merchandise or alleged shortages.
(j) Improperly dating any invoices.
(k) Making of more favorable terms of payment than the standard
terms adopted by the IndustryI which are 30 days net, 1% for cash
if paid within 10 days. These terms may be extended to 1C9 on t~he
25th of the month on invoices dlated from the first t~o the fifteenth of
the month, and 1%o on the 10th proximno for invoices dated from the
16th to the end of the month.
(1) Mraking contracts or accepting firmly order for a term exceeding
three months fromt the beginning of the month nexit following the
Date of contract, or contracts for other than a definitely stated quan-
tity, plus or minus 10%~; or making contracts or necepting firmn orders
which do not contain the following clause: which1 is a part of the
standard contract as adopted by the industry: "Prices on any un-
delivered portion of this contract are subject to increases or de-
crea~ses dueP to federal legrislat~ion affect~ing the sellers cost and de-
livery ma~y be modified to the extent necesrsitat~ed by any~ such ,rgoern-
mental actions or legislation or strikes or labor trouble or condi-
tions over which we have no control."
(m) Extending any contract, beyond its date of miaturity.
(n) Failure to use quantity differentials which may be adopted by
each member of the Industryr, and filed withl thle Code Aulthlority.~
ARTICLE VTIII--INDUSTRY REG.ULATIONS

EveryT manufacturer shall use an necounting and cost-finding sys-
tem which conforms to the principles of, and is at least as detailed
and complete as the uniform and standard method formnulated or
approved by the Code Authority, subject to the approval of the
Adm in istrator.
No manufacturer shall sell or exchange any product of his mianu-
facture at a price that will result in the customer paying for the
goods received less than the cost to thle sellers, such costs to be deter-
mmned in accordance with the uniform and standard methods herein-
above prescribed.
ARTICLE IX GENERAL

(a) Each employer shall post in conspicuous places full copies of
this Code.







(b) Employees shall have the right to organize and bargain col-
lectively through representatives o~f 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 collective bargaining or other mutual aid or protection.
(c) No emploTyee and no one seeking employment shall be re-
quired as a condition of employment to loin any com any union or ~
to reframn from jommgn~, organizing, or assisting a 1 bor orgamsee -
tion of his own choosing; and
(d) Employers shall comply with the maximum hours of labor, ';
minimum rates of pay, and other conditions of employment a~p-
proved or prescribed by the President.
(e) This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
vision of subsection (b) of Section 10 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 limita-
tion, to the right of the President to cancel or modify his approval
of th is C~ode or any conditions imposed by him upon his approval .i
thereof.
(f) W~ithin each State, members of the Industry shall comply with
any laws of such State imposing more stringent requirements: regu- :14
lating the age of employees, wages, hours of work or health, fre; op-ne
general working conditions than under this Code.
(g) Where the costs of executing contracts entered into in this
Industry are increased as a result of the enactment of the Act and by
the provisions of this Code, or where any contracts entered into by
an employer subject to this Code, are inconsistent with the provisions
thereof, it is equitable and promotive of the purposes of the Act themt
appropriate adjustments of such contracts be arrived at by arbitral
proceedings or otherwise and with the assistance of the Code Author-
ity members of the Industry will endeavor to make such adjustments.
(h) 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 the circumstances or experi- ::'"
ence may indicate. It is contemplated that from time to time supple- -i
mentary provisions to this Code or additional codes will be subnutted
for the approval of the President to prevent unfair competition in
price and other unfair and destructive competitive practices and to
effectuate t~he other purposes and policies of Title I of the Act con-
sistent withi the provisions thereof.
(i) No provision in this Code shall be interpreted or applied in
such manner as to: (1) Promote monopolies or monopolistic prac-
tices, (2) permit or encourage unfair competition, (3) eliminate or
oppress small enterprises, or (4) discriminate against small enter-
prise.
(j) If any employer in this Industry is also an employer in any -.
Other industry, the provisions of this Code shall apply to and af~ect
only that part of the business of such employer which Is a part of the
Industry covered by this Code.
(k) This Code shall be in effect immediately upon its approval by
the President and shall apply to all persons engaged in the Industry.