NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
(A Division of the Construction Industry)
AS APPROVED ON MARCH 21, 1934
UNIV. OF FL LIB.
i U.. DEPOS.TORY
GOVERNMENT PRINTING OFFICE
For sale by the Superinenden of Documents. Washington, D.CPrice 5 cents
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Approved Code No. 244-Supplement No. 3
Registry No. 1311-01
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
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Approved Code No. 244-Supplement No. 3
SUPPLEMENTARY CODE OF FAIR COMPETITION
ELEVATOR MANUFACTURING INDUSTRY
As Approved on March 21, 1934
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ELEVATOR
A DIVISION OF THE CONSTRUCTION INDUSTRY
An application having been duly made pursuant to and in full com-
pliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and pursuant to-and in full
compliance with the provisions of Section 5 of Article VIII of Chapter
I of the Code of Fair Competition for the Construction Industry,
approved January 31, 1934, for approval of Chapter IV of said Code,
which Chapter IV is applicable to the Elevator Manufacturing
Division of the Construction Industry, and hearings having been
held thereon and the annexed report on said Code, 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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Chapter complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Chapter
IV be and it is hereby approved and that the previous approval of
said Code of Fair Competition for the Construction Industry is
hereby modified to include an approval of said Code in its entirety
as supplemented by said Chapter IV.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
GEO. L. BERRY,
March 21, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Elevator Manufacturing Chapter of the
Code of Fair Competition for the Construction Industry which is
described as Chapter I and which was approved by you on January
This Chapter is a revision after a public hearing conducted in Wash-
ington on November 2, 1933, in accordance with the provisions of the
National Industrial Recovery Act. This Chapter amplifies Chapter
I, but applies specifically to the Elevator Manufacturing Division of
the Construction Industry.
PROVISIONS FOR HOURS AND WAGES
With very minor exceptions, the hours and wages set forth in Chap-
ter I of the Construction Code as approved by you on January 31,
1934, are applicable to this Code.
ECONOMIC EFFECT OF THE CODE
According to the statistical analysis of the Division of Research
and Planning, the total production of this Division of the Construc-
tion Industry has decreased from $103,500,000 in 1929 to $21,200,000
in 1933. Employment has fallen from 20,000 in 1929 to 11,000 in
It is reasonable to predict that the establishment of uniform rates
of pay and hours of work and the prohibition of unfair trade practices
will be beneficial to this Industry as well as to the employees and the
The Assistant Deputy Administrator in his final report to me on
said Elevator Manufacturing Chapter of the Code of Fair Competi-
tion for the Construction Industry, having found as herein set forth
and on the basis of all the proceedings in this matter;
I find th:t:
(a) Said Elevator Manufacturing Chapter and said Code of Fair
Competition for the Construction Industry, as supplemented by said
Elevator Manufacturing Chapter, are well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of interstate and
foreign commerce which tend to diminish the amount thereof and will
provide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade groups,
by inducing and maintaining unitetl action of labor and management
Under adlquate governmental sanctions and supervision, by eliminat-
ing unfair completititve practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricultural
products through increasing purchasing power, by reducing and re-
lieving unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) Said Elevator Manufacturing Chapter and the Code of Fair
Competition for the Construction Industry, as supplemented by sail
Elevator Manufacturing Chapter, as approved comply in all respects
with the pertinent provisions of said Title of said Act, including with-
out limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said Association imposes no inequitable re-
strictions on admission to membership therein.
(d) Said Elevator Manufacturing Chapter and the Code of Fair
Competition for the Construction Industry, as supplemented by
said Elevator Manufacturing Chapter are not designed to and will
not permit monopolies or monopolistic practices.
(e) Said Elevator Manufacturing Chapter and the Code of Fair
Competition for the Construction Industry, as supplemented by said
Elevator Manufacturing Chapter, are not designed to and will not
eliminate, or oppress small enterprises and will not operate to dis-
criminate 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
Elevator Manufacturing Chapter and of said Code, as supplemented
by this Elevator Manufacturing Chapter thereof.
For these reasons, therefore, I have approved said Elevator
Manufacturing Chapter of the Code of Fair Competition of the
HUGH S. JOHNSON,
MARCH 21, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE ELEVATOR MANUFACTURING INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
SECTION 1. The term "Elevator Manufacturing Division" or "this
Division" means and includes the designing and manufacturing for
sale, and the selling, and the installing, repairing, re-roping and serv-
icing for hire of all types of passenger and freight elevators, escalators,
moving stairways, dumbwaiters, stage and console lifts, with all appli-
ances used in connection therewith.
SECTION 2. The term "Association" as used herein is defined to
mean the "National Elevator Manufacturing Industry", a trade as-
sociation of members of this Division.
SECTION 3. The term "Member of the Code" includes any mem-
ber of this Division signifying assent to this Code as it pertains to
SECTION 4. The term "Apprentice" as used herein refers to an
employee between the ages of sixteen (16) and twenty-one (21) with
whom the employer has a definite apprenticeship agreement for a
period of not over two (2) years.
SECTION 5. The term "Learner" as used herein is defined to mean
an unskilled employee without previous experience in this Industry
with whom the employer has a definite agreement to qualify such
employee as a mechanic and whose period of employment in this
class is limited to one (1) year, at the expiration of which such em-
ployee shall receive the full mechanic's rate of pay.
SECTION 6. The term "Shop labor" is defined to mean labor
performed in the factory in the manufacture of the products of the
Industry, or in the labor operations directly incidental thereto.
SECTION 7. The term "Field labor" is defined to mean labor per-
formed in the installing, repairing, re-roping and servicing of the
several types of equipment described in Section 1.
ARTICLE II-HouRs, WAGES AND CONDITIONS OF EMPLOYMENT
SECTION 1. Notwithstanding the provisions of Section 2 B of
Article III of Chapter I hereof, the following provisions shall apply
to the following classes of employees in this Division:
(A) No employee engaged in shop labor shall be permitted to work
in excess of eight (8) hours in any day or forty (40) hours or six (6)
days in any week, and no such employee shall be paid at less than
forty (40) cents per hour.
(B) The minimum rates of pay established by this Section are to
be maintained regardless of whether the employee is compensated
on the basis of a time rate, piece-work or other basis.
(C) The foregoing provisions of this Section as to hours of shop
labor shall not apply to:
(a) Shop executive, administrative or supervisory employees whose
fixed salaries are in excess of thirty-five dollars ($35.00) per week.
Supervisory employees are defined as those who perform no manual
(b) Employees engaged in shop emergency repairs required for the
protection of life or property who shall be paid at the rate of time and
one half (1%) for all hours in excess of the maximum established in
(c) Shop firemen who shall not be permitted to work in excess of
eight (8) hours in any day or forty-eight (48) hours in any week, or
six (6) days in any week.
(d) Shop watchmen who shall not be permitted to work in excess
of fifty-six (56) hours in any week or six (6) days in any week.
(D) Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
SECTION 2. Within ten (10) days of the approval of this Chapter,
all employers subject to its conditions shall post in a conspicuous place
in their respective factories or shops complete copies of Chapter I
(General Provisions for the Construction Industry) and of this
Chapter of this Code.
SECTION 3. A person whose earning capacity is limited bLcause of
age or physical or mental handicap may be employed on light work
at a wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such per-
sons employed by him.
SECTION 4. All employers shall make payment of all wages due
in lawful currency or by negotiable check therefore, payable on demand
at par. Wages shall be payable at the end of each weekly period.
Wages shall be exempt from any payment for pensions, insurance or
sick benefits other than those voluntarily authorized by employees.
Employers or their agents shall not accept, directly or indirectly,
rebates on such wages for give anything of value nor extend any favors
to any person for the purpose of influencing rates of wages or working
conditions of their employees.
The provisions of this Section requiring payment of wages at the
end of each weekly period, shall not apply to persons employed in a
managerial or executive capacity who earn not less than thirty-five
dollars ($35.00) per week or to persons employed in clerical or office
work whose compensation, however, shall be payable at least semi-
SECTION 5. Every employer shall make reasonable provision 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 Divisional Code Authority to the Administrator within
three (3) months after the effective date of this Chapter.
SECTION 1. To further effectuate the policies of the Act, a Divisional
Code Authority is hereby constituted to administer this Code within
The Divisional Code Authority shall consist of six (6) members,
who have assented to this Code, five (5) members to be selected,
either prior to or not later than twenty (20) days after the approval
of this Chapter, by the Board of Directors of the Association from its
membership, and one additional person to be selected by the Admin-
istrator from and to represent, non-members of the Association who
are members of the Division. The five (5) members selected by the
Board of Directors from members of the Association shall serve for
terms of one (1) year each and the Board of Directors shall annually
thereafter select their successors. The member representative of non-
members of the Association shall serve for a term of one (1) year.
At that time the non-members of the Association may elect his succes-
sor, which successor and the method of his selection shall be satis-
factory to and approved by the Administrator. In the event no
successor is so chosen, the Administrator shall appoint a successor.
SECTION 2. The Administrative Members and the Administrator
shall be given five (5) days' notice of, and may sit at, all meetings of
the Divisional Code Authority.
SECTION 3. Accounting System. The Divisional Code Authority
shall cause to be formulated an accounting system and methods of
cost finding and/or estimating capable of use by all members of this
Division. After such system and methods have been formulated by
the Divisional Code Authority and approved by the Administrator,
full details concerning them shall be made available to all members.
Thereafter all members shall determine and/or estimate costs in
accordance with the principles of such methods.
ARTICLE IV-TRADE PRACTICE RULES
General Definition: For all purposes of the Code the acts described
in this article shall constitute unfair practices. Any member of this
Division who shall directly, or indirectly through any officer, employee,
agent, or representative, knowingly use, employ, or permit to be em-
ployed, such unfair practices shall be guilty of a violation of the Code.
RULE 1. Interference with Contracts. No member of this Division
shall attempt to induce the breach of an existing contract between
a competitor and his customer or source of supply; nor shall any such
member interfere with or obstruct the performance of such contractual
duties or services.
RULE 2. Defamation of Competitors. No member of this Division
shall defame a competitor or competitors by words or acts which
falsely disparage in any material particular his business integrity, his
ability to perform his contracts or fill his orders, his credit standing
or the grade, quality, or prices of his goods.
RULE 3. Secret Rebates. No member of this Division shall offer
or make any secret or discriminatory payment or allowance of a
rebate, refund, commission, credit, unearned discount, or excess
alhlow;rnce, whether in tle form of money or otherwise, nor shall a
member of the Industry offer or extend to any customer any secret
or discriminatory service or privilege for the purpose of infl-uencing
RULE 4. Commercial Bribery. No member of this Division shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agent or the repre-
sented party, without the knowledge of such employer, principal, or
party. Commercial bribery provisions shall not be construed to
prohibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
RULE 5. Threats of Law Suits. No member of this Division shall
publish or circulate unjustified or unwarranted threats of legal
proceedings which tend to or have the effect of harmissing competitors
or intimidating their customers.
RULE 6. Inaccurate References to Corilpetitors, etc. No member
of this Division shall publish advertising which refers inaccurately in
any material particular to any competitors or their goods, prices,
values, credit terms, policies, or services.
RULE 7. Other unfair Trade Practices. Nothing in this Code shall
limit the effect of any adjudication by the Courts or holding by the
Federal Trade Commission on complaint, finding, and order, that any
practice or method is unfair.
ARTICLE V-REFERENCE TO PROVISIONS OF CHAP'TE:I I
The provisions of Sections 7 (a) and 10 (b) of the Act, which are set
forth in Sections 1 and 6 respectively of Article VIII of Chapter I of
this Code, are specifically incorporated herein by reference with the
same force and effect as if set forth herein in full; all other provisions
of Chapter I of this Code, except as herein provided, apply within this
Division with the same force and effect as if set forth herein in full.
ARTICLE VI--REVIEw OF ACTS OF DIVISIONAL CODE AUTHORITY
If the Administrator shall determine that any action of the Divi-
sional Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investiga-
tion of the merits of such action and further consideration by the
Divisional Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
Subject to the provisions of Section 2, (c) of Article IV, B, of
Chapter I of this Code, the provisions of this Chapter except as to
provisions required by the Act, may be modified on the basis of
experience or changes in circumstances, such modifications to be
based upon application to the Administrator and such notice and
hearing as he shall specify and to become effective on his approval.
ARTICLE VIII-EFFECTIVE DATE
This Chapter shall become effective within this Division on the
tenth (10th) day after its approval by the President.
Approved Code No. 244. Supplement No. 3.
Registry No. 1311-01.
UNIVERSITY OF FLORIDA
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