Amendment to code of fair competition for the used textile bag industry as approved on August 29, 1934

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Material Information

Title:
Amendment to code of fair competition for the used textile bag industry as approved on August 29, 1934
Portion of title:
Used textile bag industry
Physical Description:
6 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Bags -- Law and legislation -- United States   ( lcsh )
Textile industry -- Law and legislation -- United States   ( lcsh )
Recycled products -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 203-3-03."
General Note:
"Approved Code No. 267--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 005049599
oclc - 63654181
System ID:
AA00007959:00001

Full Text


YOe Lo00e No. Z67-Amendment No.


NATIONAL RECOVERY


1 Registry No. 203-3-C


Y ADMINISTRATION
,-


AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE (


SED TEXTILE BAG INDUSTRY


AS APPROVED ON AUGUST 29, 1934


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


Ibil.E by the Superintendent of Documents, Washington, D.C. - Price 5 cents


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and Domesti ;'CoA-p rr *

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Approved Code No. 267-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

USED TEXTILE BAG INDUSTRY

As Approved on August 29, 1934


ORDER

APPnovINr AMENDMENTS TO CODE OF FAIR COMPETITION FOR THE
USED TEXTILE BAG INDUSTRY
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 amendments
to a Code of Fair Competition for the Used Textile Bag Industry,
and hearings having been duly held thereon and the annexed report
on said amendments, containing findings with respect thereto, having
been made and directed to the President:

NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendments and the Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said amendments be
and they are hereby approved, and that the previous approval of
said Code is hereby modified to include an approval of said Code
in its entirety as amended, such approval and such amendment to
take effect ten"(10) days from the date hereof, unless good cause to
the contrary is shown to the Administrator before that time and
thie Administrator issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.


Approval recommended:
ROBERT L. HousToN,
Division A administrator.
WASHINGTON, D.C.,
August 29, 1934.
83540--1044-143--34 (


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REPORT TO THE PRESIDENT
The PRESIDENT,
The White House.
Smn: This is a report on certain amendments to the Codie oi Feat:
Competition for the Used Textile Bag Industry, and on the hear.-i
ing conducted thereon in Washington, D.C., May 17, 1934.
The first amendment provides a tolerance for peak periods e:!for::;i
the entire Industry, with payment of time and one-third for
overtime. -
The second amendment clarifies the hour provisions relating to ,'
partnerships. :
The third amendment establishes more definitely the procedure
for the support of the administration of this Code. I
The fourth amendment increases the powers and duties of the
Code Authority relative to arbitration of disputes and standard- ;
ization of products of the Industry.
The fifth amendment deals with cost and price cutting, emergency
provisions, and cost finding.
The Deputy Administrator in his final report to me on saia'&
amendments to said Code having found as herein set forth and on
the basis of all the proceedings in this matter;
I find that:
(a) The amendments to said code and the Code as amended:iare
well designed to promote the policies and purposes of Title I.of::
the National Industrial Recovery Act including the removal of 4
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide 'f r
the general welfare by promoting the organization of industry fot
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanctions and supervision, by eliminating
unfair competitive practices, by promoting the fullest possib,
utilization of the present productive capacity of industries, .i4
avoiding undue restriction of production (except as may be temdp- _,
rarily required) by increasing the consumption of industrial d iad
agricultural products through increasing purchasing.power, by re-
ducing and relieving unemployment, by improving standards 6? M
labor, and by otherwise rehabilitating industry. ;:
(b) The Code as amended complies in all respects with the per- i
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. ,A
(c) The Code empowers the Code Authority to present.the aforeK
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designatp:edl:1
to and will not permit monopolies or monopolistic practices
(2).







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(e) The amendments and the Code as amended are not designed
Sto and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
I (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
i' endments.
i For these reasons these amendments have been approved.

hI1LUGH S. JOHNSON,
Si Administrator.
u ;GUST 29 1934.





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AMENDMENT TO CODE OF FAIR COMPETITION FO r....
THE USED TEXTILE BAG INDUSTRY

Article III, Section 1, shall be amended by changing the period4
at the end of this section to a semi-colon and adding the following:i
" provided that during peak seasons not to exceed eight (8) consec-
tive weeks in any one year employees may work not more than ::
forty-eight (48) hours per week and provided further that all:
hours in excess of the maximum hours provided herein for the
various classes of employees shall be compensated at not less than
time and one-third the normal rate of pay."
Article III shall be amended by adding a new section as follows:
5. Where a member of this Industry is a partnership, not more
than one individual of such partnership shall work on any of the
operations of the Industry, except office functions, in excess of the
maximum hours provided herein."
Section 5 of Article VI shall be deleted and the following sub-.
stituted therefore:
S5. (a). It being found necessary, in order to support the admin-
istration of this Code and to maintain the standards of fair comrn- ;
petition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized:
(1) to incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and which -
shall be held in trust for the purposes of the Code;
(2) to submit to the Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem necessary,
(I) an itemized budget of its estimated expenses for the fore-
going purposes, and
(II) an equitable basis upon which the funds necessary to sup-
port such budget shall be contributed by members of the Industry;
"(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry, and to
that end, if necessary, to institute legal proceedings therefore in its ..
own name.
(b) Each member of the Industry shall pay his or its equitable .
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining therto issued by the Administrator. Only
members of the Industry complying with the Code and contributing .
to the expenses of its administration as hereinabove provided, un-.
less duly exempted from making such contribution, shall be en
titled to participate in the selection of members of the Code Au-
thority or to receive the benefits of any of its voluntary activities or
to make use of any emblem or insignia of the National Recovery;
Administration.
(4)w :


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: t substantially in ass of the amount thereof as estimated in
its.approved budget, and hall in no event exceed the total amount
: contained in the approved budget, except upon approval of the Ad-
? iniistrator; and no subsequent budget. shall contain any deficiency
Site for expenditures in excess of prior budget estimates except those
S which the Administrator shall have so approved."
Article VI shall be amended by adding new Sections as follows:
: :, 'I addition to those specified in Section' 2 of this Article, the
o:i'ode Authority shall have the following powers and duties:
;L -;; (a) To provide' appropriate facilities for arbitration of con-
: tractual disputes, excepting labor disputes, and subject to the ap-
Pr : ,oa!L:,o'f the Administrator, to prescribe rules of procedure and
::,iles to effect compliance with awards and determinations;
(b) To prepare standard classifications and specifications for
h.I, products of the Industry, which, on approval of the Adminis-
S trator, .sha.ll be binding on all members of the Industry in the pur-
:chase and sale of the products of the Industry.
l:.8. Cost and Price Cutting.-The standards of fair competition
for the Industry with references to pricing practices are declared
to be as follows:
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden.
(b). When no declared emergency exists as to any given prod-
uct, there is to be no fixed minimum basis for prices. It is intended
that sound cost estimating methods should be used and that con-
sideration should be given to costs in the determination of pricing
policies.
(c) When an emergency exists as to any given product, sale
below the stated minimum price of such product, in violation of
Section 9 hereof, is forbidden."
"9. Emergency Provisions.-(a) If the Administrator, after in-
vestigation shall at any time find both (1) that an emergency has
arisen within the Industry adversely affecting small enterprises or
wages or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated minimum price for a speci-
fled product within the Industry for a limited period is necessary
S to mitigate the conditions constituting such emergency and to ef-
fectuate the purposes of the Act, the Code Authority may cause an
impartial agency to investigate costs and to recommend to the Ad-
ministrator a determination of the stated minimum price of the
:product affected by the emergency and thereupon the Administrator
ay proceed to determine such stated minimum price.
S (b) When the Administrator shall have determined such stated
.. minimum price for a specified product for a stated period, which
i' price shall be reasonably calculated to mitigate the conditions of
iI. such emergency and to effectuate the purposes of the National Indus-
::i trial Recovery Act, he shall publish such price. Thereafter, during
'::s stated period, no member of the Industry shall sell such specified
:1 .products at a net realized price below said stated minimum price
i: and any such sale shall be deemed destructive price cutting. From
S time to time, the Code Authority may recommend review or recon-




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members of the Industry, and shall submit such mpetho(h ~l
Administrator for review. If approved by the Adminiisthrat.;
information concerning such methods shall be made avglablf,
members of the Industry. Thereafter, each member of the IL
shall utilize such methods to the extent found practicable. N
herein contained shall be construed to permit the Code A
any agent thereof, or any member of the Industry to suggest
additions, percentages or differentials or other uniform items i
which are designed to bring about arbitrary uniformity of
prices."
Article VII shall be amended by adding a new Section asfol
9. Cancellation of any contract or order for the purchase o
of any of the products of the Industry without consideration or
out sufficient legal cause cognizable either at law or at equity.
Approved Code No. 267-Amendment No. 1. -
Registry No. 203/3/08.,





UNIVERSITY OF FLORIDA

3 1262 08482 8853
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