NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JANUARY 23, 1935
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Approved Code No. 322-Amendment No. 3
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Approved Code No. 322-Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
EARTHENWARE MANUFACTURING INDUSTRY
As Approved on January 23, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
EARTHENWARE MANUFACTURING IN DUSTRY
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 approval of an Amend-
ment to the Code of Fair Competition for the Earthenware Manu-
facturing Industry, and hearings having been duly held thereon and
the annexed report on said Amendment, containing findings with
respect thereto, having been made and directed to the President:
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 No. 6859, and otherwise, does hereby incorporate,
by reference, said annexed report and does find that said Amend-
ment and the Code as constituted after being amended comply in
all respects with the pertinent provisions and will promote the
policy and purpose of said Title of said Act, and does hereby order
that said Amendment be and it is hereby approved, and that the
previous approval of said Code is hereby amended to include an
approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
W. P. ELLIS,
WAsHINGTON, D. C.,
January 23, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: A Public Hearing was held in Washington, D. C., on August
14, 1934, on a group of Amendments to the Code of Fair Competition
for the Earthenware Manufacturing Industry as submitted by the
Code Authority for that industry and on certain Amendments pro-
posed by the National Recovery Administration.
The Amendments correct certain typographical errors in the
original Code as printed; eliminate the necessity of obtaining the
National Recovery Administration's approval prior to permitting
emergency maintenance and repair employees to exceed the maxi-
mum hours when engaged in emergency work involving breakdowns
or protection of life or property; change the term apprentice as
used in the Code to the word "learners ", as these employees could
hardly be considered bona fide apprentices; bring into conformity
with present policy certain provisions of the Code such as those gov-
erning handicapped persons, standards of safety and health, post-
ing of labor provisions and dismissal of employees for complaints
of Code violation.
The Deputy in his final report to us on said Amendment to said
Code having found as herein set forth and on the basis of all the
proceedings in this matter:
We find that:
(a) The Amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action of labor and management under
adequate governmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of industries, by-avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provision of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said Amendment on behalf of the industry as a whole.
(d) The Amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will
not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons, therefore, we have approved this Amendment.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
JArAEY 23, 1935.
AMENMENENT TO CODE OF FAIR COMPETITION FOR
THE EARTHENWARE MANUFACTURING INDUSTRY
Amend Article II, Section 7 by deleting the word "' apprentice "
and substituting in lieu thereof the word learner."
Amend Article III by deleting Section 1 and substituting in lieu
SECTION 1. No employee, except as hereinafter specified, shall be
permitted to work in excess of forty (40) hours per week when
averaged over any one (1) period of thirteen (13) consecutive weeks
as selected by the employer, and no such employee shall be permitted
to work in excess of forty-four (44) hours in any one (1) week,
or eight (8) hours in any one (1) day.
(a) Employees engaged in emergency maintenance or repair in-
volving breakdowns or protection of life or property may be per-
mitted to work in excess of the maximum hours provided herein
but all such employees when engaged in emergency work shall be
paid not less than at the rate of one and one-third (11/.) times
their normal rate of pay for all hours worked in excess of eight (8)
hours in any one (1) day and forty-four (44) hours in any one week.
Each employer shall report all emergencies to the Code Authority
within seventy-two (72) hours from the beginning of such period,
giving a complete statement of all the circumstances of the
Amend Article III, Section 7, line 3 by deleting the word op-
erators" and substituting in lieu thereof the word operations."
Amend Article IV by deleting Section 4 and substituting in lieu
thereof the following:
SECTION 4. Lea rners may be employed at not less than eighty (80%)
percent of the minimum wage prescribed in Sections 1, 2, 3 and 6 of
this Article, provided, however, that the total number of learners
employed by any member of the industry shall not exceed five (5%)
percent of the total number of employees of any such member and
their period of learning shall not exceed twelve (12) weeks whether
served under one or more employers.
Amend Article IV, Section 7 by deleting the words and employed
during the same work period."
Amend Article IV by deleting Section 8 and substituting in lieu
SECTION 8. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be em-
ployed on light work at a wage below the minimum established by
this Code, if the employer obtains from the state authority, desig-
nated by the United States Department of Labor, a certificate author-
izing 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 issu-
ing certificates to such persons. Each employer shall file monthly
with the Code Authority a list of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for such
Amend Article V by deleting Section 4 and substituting in lieu
SECTION 4. Every employer shall provide for the safety and health
of employees (luring the hours and at the places of employment.
Standards for safety and health shall be submitted by the Code
Authority to the National Industrial Recovery Board within three
(3) months after the effective date of this section.
Amend Article V by adding to Section 6 the following sentence:
Every member of the Industry shall comply with all rules and
regulations relative to the posting of provisions of Codes of "Fair
Competition which may from time to time be prescribed by the
National Industrial Recovery Board.
Amend Article V by adding new Section:
SECTION 7. No employer subject to this Code shall dismiss or de-
mote any employee for making a complaint or giving evidence with
respect to an alleged violation of the provisions of any Code.
Amend Article VI, Section 3, subsection c (4) by adding thereto
the State of South Dakota.
Amend Article VI, Section 3, subsection c (5) by adding thereto
the State of Arizona.
Amend Article VI, by changing the second Section 9 to read Sec-
Amend Article VIII, Section 1 (a), by adding thereto 61,~",
between 6" and 7" in the third column.
Approved Code No. 322-Amendment No. 3.
Registry No. 1016-03.
UNIVERSITY OF FLORIDA
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