Code of fair competition for the can manufacturers industry

MISSING IMAGE

Material Information

Title:
Code of fair competition for the can manufacturers industry as approved on December 15, 1933 by President Roosevelt
Portion of title:
Can manufacturers industry
Physical Description:
1 p., 15-27 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:
Container industry -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
Includes: 1. Executive order. 2. Letter of transmittal. 3. Code.
General Note:
"Approved Code no. 152."
General Note:
"Registry no. 1147-02."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931661
oclc - 31955530
System ID:
AA00008105:00001

Full Text


Cod No. 15 egsrN.1170


NATIONAL RECOVERY AIMINIST ACTION




CODE OP FAIR C9MF ;TrrION
'FOR THE


CAN MANtJPACT'iRERS

INDUSTRY

AS APPROVED ON DECEMBER 15, 1933
BY

PRESIDENT ROOSEVELT


1. Executive Order
. .IJut of Transmittal


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


: iy the up ndent DocumeS W-ahington, D.C. rie cnt
Hale by the Spechatendent of Documents. Wiahingbn, D.C. - Prief f coats


Code No. 152


Registry No. 1147-02


:," : "

;**;:...j.








i"


i,























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.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.


a \ -














Approved Code No. 152


CODE OF FAIR COMPETITION
FOR THE

CAN MANUFACTURERS INDUSTRY

As Approved on December 15, 1933
BY
PRESIDENT ROOSEVELT






Executive Order

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 my approval of a Code
of Fair Competition for the Can Manufacturers Industry, and hear-
ings having been held thereon and the Administrator having
rendered his report containing an analysis of the said code of fair
competition, together with his recommendations and findings with
respect thereto, and the Administrator having found that the said
code of fair competition complies in all respects with the pertinent
provisions of title I of said Act and that the requirements of clauses
(1) 'and (2) of subsection (a) of section 3 of the said 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 Industrial Recovery Act, approved June 16, 1933,
and otherwise, do approve the report and recommendations and
adopt the findings of the Administrator, and do order that the said
code of fair competition be and it is hereby approved, provided
section 3 of article III be amended by adding thereto the following:
"Territories and possessions wage district.-All other territories
and possessions of the United States, to which the provisions herein-
after set forth as to the Hawaiian Wage District shall apply."


(15)


26902"---244-152--33







And provided further that the following be added under section
4 of article VI, at the end of the first sentence:
In addition to the above information there shall be submitted
to Government agencies such statistical information "s the Adminis-
trator may deem necessary for the purposes recited in section 8 (a)
of the National Industrial Recovery Act."
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON.
A dmminirtrator.
THE WHrTE HOUsE,
December 15, 1933.












NOVEMBER 29, 1933.
The PREmmENT,
The White House.
Sm: This is a report on the Code of Fair Competition proposed
for the Can Manufacturers Industry in the United States and
Hawaii, and on the hearing conducted thereon in Washington, D.C.,
on September 20, 1933, in accordance with the provisions of the
National Industrial Recovery Act.
Provisions of the Code as to Wages and Hours.-The Code pro-
vides for a 40-hour week and an 8-hour day, with an allowance
of 48 hours per week for not to exceed six weeks in any six-month
period on Packers' Cans; and 48 hours per week for not to exceed
three weeks in any six-month period on General Line Cans. Hours
of employment in excess of the above must be paid for at the- rate
of one and one half times the regular hourly rate.
The limitation of 40 hours of work per week applies also to office
employees.
The Industry originally proposed rates of 250 and 30W for the
South and North as representing a material increase over rates being
paid, but at the earnest request of the Administration these differ-
entials have been eliminated and the minimum wage increased to
321/Y0 per hour.
Child Labor is prohibited, and no person under 18 years of age
is to be employed in certain defined hazardous occupations of the
Industry.
Provision is made for the equitable adjustment of wages above the
established minimum.
The Can Manufacturers Industry represents a volume of business
amounting to about $325,000,000 annually and the Industry has been
represented in the consideration of the Code by approximately fifty
percent of the membership, equivalent to approximately eighty-five
percent of the sales volume of the known members of the Industry.
There are two distinct lines of business in the Industry, that of
"general line" cans, which are used in packing a great variety of
articles, and packers cans, which are used in the packing of all
foodstuffs, vegetables, meats, fish, milk, etc., and which comprise
sixty percent of the output. The Industry itself has no control over
the time at which the products shall be required and delivered, as
crops must be harvested and packed immediately upon ripening to
avoid spoilage or deterioration. Weather conditions which vary and
cannot be forecast control the seasons for different commodities.
Furthermore, it is impracticable to manufacture large quantities of
cans in anticipation of demands, since seasonal requirements of pack-
ers cannot be estimated and since the bulk space required makes the
cost of storage prohibitive.
Approximately 27,978 people are employed, of which seventy-four
percent are men and twenty-six percent women, with an average
(17)


-"ft. ..!: ..





18

pay roll amounting to $478,450 per week, or approximately $24,000,000
per annum.
The average minimum hourly rates of pay in the Industry are
shown as follows:
0mts
1926 ------ -------------------------- 28.6
1929 ----------------------------- 28.0
Sept. 1933 ------------------------- --------- 9
Under the Code ---------- ------------------- 82.5
The minimum rate provided under the Code, therefore, represents
an increase over the previous existing average minimum for 1926 of
thirty-seven and seven tenths percent; for 1929 of fourteen percent;
and over the present minimum of thirty percent.
Under the hours of labor proposed, it is estimated that the
Industry will be obliged to increase its employment at least twelve
and one half percent.
I believe that the Code is fair to Industry, to Labor, and to the
Consumer, and accomplishes the intent and purpose of Title I of
the National Industrial Recovery Act.
Findings.-The Deputy Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
thereof; and that
(b) The applicant group herein, imposes no inequitable restric-
tions on admission to membership and is truly representative of- the
Can Manufacturers Industry; and that
(c) The Code as recommended is not designed to promote monopo-
lies 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.
Accordingly I hereby recommend the approval of this proposed
Code of Fair Competition for the Can Manufacturers Industry.
Respectfully,
HUGH S. JOHNSON,
Administrator.












CODE OF FAIR COMPETITION


FOR THE
CAN MANUFACTURERS INDUSTRY


ARTrCLE I-PURPOSE OF THE CODE

This code is adopted pursuant and subject to Title I of the Na-
tional Industrial Recovery Act with the purpose of effectuating the
policy therein enunciated insofar as applicable to the Can Manufac-
turers Industry.
ARTICLE II-DEFINITIONS

Whenever used in this Code or in any schedule annexed hereto,
the terms hereinafter in this Article II shall, unless the context shall
otherwise clearly indicate, have the respective meanings hereinafter
in this Article set forth:
(a) The term "Code" as used herein means and includes this
Code and all schedules annexed hereto as originally approved by the
President and all amendments hereof and thereof made as herein-
after provided.
(b) The term Industry ", as used herein, means and includes the
business of manufacturing, producing, selling, and distributing any
type or kind of cans, containers, and packages, made wholly or in
art from tin plate, black plate, or similar kind of sheet metal
(except those made partly of fibre and/or paper), and used chiefly
for original distribution of commodities, whether such cans, con-
tainers, and packages are for use and consumption by maker, or are
for sale, or are used in connection with and incidental to the major
and prime business of maker, except where such can or container is
manufactured and sold solely as an original or replacement or
auxiliary part of the product of refrigerating machinery industry
as now or hereafter organized and is not sold for use as a container
for distribution of food or other products.
(c) The term packers cans as used herein means and includes
all cans, containers, and packages produced by the Industry for the
packing, preservation, and distribution of perishable commodities.
The term "general line cans as used herein means and includes all
cans, containers, and packages produced by the Industry other than
those herein defined as packers cans."
(d) The term employer as used herein means and includes, but
without limitation, every individual, partnership, firm, association,
or corporation or other entity engaged in the business of the Industry
as herein defined.
(19)





20

(e) The term "assenting employer" as used herein means and
includes every employer, as herein defined, who voluntarily assents
to this Code by signing and delivering the letter of assent set forth
in Schedule A hereto annexed.
(f) The term "employee" as used herein shall apply to every
person employed by an employer as herein defined.
(g) The term "Administrator" as used herein shall mean the
Administrator appointed by the President under Title I of the
National Industrial Recovery Act.
(h) The term the President means the President of the United
States of America.
ARTICLE III-LABoR CODE

SECTION 1. (a) Employees shall have the right to organize and
bargain collectively through representatives of their own choosing,
andshall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or
protection;
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain 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;
SEC. 2. No person under sixteen (16) years of age shall be em-
ployed in the Industry; provided, however, where a state law re-
quires a higher minimum age, that no person below the age so speci-
fed shall be employed within that state. No person under eighteen
(18) years of age shall be employed in the industry on stamping,
punching, and blanking presses on which material is fed direct to
dies by hand, tinning, and hot-galvanizing operations.
SEC. 3. The following wage districts have been established:
United States Wage District: All states of the United States shall
be considered within the United States Wage Distriot.
Hawaiian Wage District: All islands of the Territory of Hawaii
shall be considered in the Hawaiian Wage District.
"Territories and possessions wage district.-All other territories
and possessions of the United States, to which the provisions herein-
after set forth as to the Hawaiian Wage District shall apply." *
SEC. 4. Until changed by amendment of this Code, as hereinafter
provided-
(a) No employer shall employ any employee for more than 40
hours in any week, without the payment of overtime; provided, how-
ever, that in order to meet the increased demands of the canners over
which the employers have no control, the said hours of employment
in the manufacture of "Packers Cans" may be increased to forty-
eight (48) hours per week for not to exceed 6 weeks in any six
SApproval of this Code is made conditional upon insertion of this paragraph per
Executive Order approving the Code.




S ... -

21

Months without the payment of overtime; and provided further,
that in order to meet contingencies over which the employers have
no control, the said hours of employment in the manufacture of
"General Line Cans" may be increased to forty-eight (48) hours
per week for not to exceed three (3) weeks in any six (6) months
without the payment of overtime.
(b) All employees, except those mentioned in paragraphs (d) and
(e), if employed for more than the maximum hours per week pro-
vided in paragraph (a) shall be paid for all excess time at the rate
of one and one half times the regular hourly rate at which such
employees shall be employed; but all such employees if employed for
more than eight (8) hours in any one day shall be entitled to be paid
overtime for such excess hours per day at the same overtime rate
even if not entitled to overtime on the weekly basis provided for in
the aforesaid paragraph (a). Any time worked on Sundays or legal
holidays shall be paid for at the same overtime rates.
(c) No employee shall be paid less than thirty-two and one half
(382) cents per hour in the United States Wage District, nor less
than the minimum rate for the same class of work on July 15th, 1929,
in the Hawaiian Wage District. That 80% of the employees of each
factory operated under this Code shall receive higher rates of wages
than the minimums herein specified.
(d) The provisions of this Article III shall not apply to execu-
tives, those employed in a managerial or executive capacity, research
technicians, or in any other capacity of sole responsibility who re-
ceive more than $35 per week, watchmen, traveling and outside
salesmen, and outside service men and all employees engaged in tak-
ing, compiling, or reporting inventories; provided, no watchmen
shall be employed in excess of fifty-six (56) hours per week without
the payment of overtime, which shall be at the rate of one and
one half times the regular hourly rate at which such employees shall
be employed.
(e) No employee engaged in office and clerical work shall be
paid less than $14 per week in the United States Wage District and
Hawaiian Wage District.
(f) The hourly rates of wages of employees now being paid in
excess of the established minimum shall be equitably adjusted.
(g) This Section 4 establishes a minimum rate of pay regardless
of whether an employee is compensated on a time rate, piecework,
or other basis.
ARTICLE IV-UNFAmI PRACTICES
SECTON 1. For all purposes of this Code the following described
acts shall constitute unfair practices:
(A) The making, causing, or permitting to be made or published
any false, misleading, or deceptive statements of or concerning the
business policies, methods, or products, or price for any products of
any employer in the Industry, or the credit standing or ability of
any such employer thereof to perform any work or manufacture or
produce any products;
(B) The payment or allowance of rebates, refunds, commissions,
credits, or unearned discounts, whether in the form of money or
otherwise, or extending to certain purchasers special services or







privileges not extended to alL purchasers under -like terms and coa-
ditions; excepting, however, such differentials or differences be-
tween purchasers as are permitted by the terms of Section 2 of
the Clayton Act;
(C) The practice of giving money or any other form of gratuity
or remuneration, directly or indirectly, to persons placing orders
for the purchase of any products of the Industry or to any officer,
employee, agent, or representative thereof, as well as the acceptance
of the money or other forms of gratuity, but this shall not apply
to the payment of commissions to brokers placing orders for their
customers;
(D) The practice of inducing or attempting to induce by any
means any party to a contract with an employer in the Industry to
violate such contract; and
(E) Any violation of any other provision of this Code, particu-
larly Article III hereof.
Nothing in this Section 1 contained, however, shall be so con-
strued as to prevent the performance by any employer in the Indus-
try of any valid bona fide contract made and entered into before
the effective date of this Code; provided, however, that such con-
tract has not been made and entered into before the effective date
hereof in contemplation thereof and with intent to defeat the pur-
pose hereof.
SEC. 2. The above-described unfair practices and all other prac-
tices which shall be declared to be unfair practices by any amendment
to this Code, adopted as provided in Article VIII hereof, and at the
time in effect shall be unfair methods and practices of competition in
commerce and the using or practicing of any of them shall be a vio-
lation of this Code, and any person, partnership, firm, association
or corporation, engaged in the Industry (whether he has voluntarily
assented to this Code as herein provided or not) who shall, directly
or indirectly, through any officer, employee, agent or representative,
knowingly use or practice any such unfair practice shall be guilty of
a violation of the Code within the meaning of Title I of the National
Industrial Recovery Act.
ARTICLE V-ADJ-USTMENT OF PRIOR CONTRACTS
SECTION 1. This Code recognizes the existence of contracts for the
sale of the products of the Industry entered into prior to June 16,
1933, the effective date of the National Industrial Recovery Act, and
providing for deliveries subsequent to said date, which lack clauses
or provisions whereby the price shall be adjusted to cover increased
costs resulting from the operations of the National Industrial Re-
covery Act. Since such increases in cost are beyond the control of
the seller, it is equitable that such contracts shall be adjusted to re-
flect the increased costs resulting from the operation of the provisions
of this Code. Further, if the fulfillment of orders is delayed or pro-
longed as the result of the operations of this Code, appropriate time
may be allowed for the completion of such orders or contracts. The
Board of Governors of this Code is hereby constituted an agency to
assist in effecting such adjustments where adjustments are not agreed
upon between the parties, but only when requested so to do by an
assenting employer desiring such assistance.





23

ARTICLE VI-ADMINIsTRATON
SSrrooN 1. Any employer may voluntarily assent to this Code by
signing and delivering to the Board of Governors, a letter substanti-
ally as set forth in Schedule A hereof.
To the extent required or permitted by or under the provisions of
Title I of the National Industrial Recovery Act the provisions of this
Code shall apply to and be binding upon every employer as defined
in Article II hereof, whether or not such employer has voluntarily
assented to this Code as herein provided; but only such employers as
shall have voluntarily assented to this Code as hereinafter provided,
shall be entitled to participate in its administration and to vote for
members of the Board of Governors as herein provided.
SEc. 2. This Code shall be administered by a Board of Governors
of twelve (12) in number, chosen and elected from the employers
of the Industry who have voluntarily assented to this Code in the
manner and as provided in Schedule B hereto annexed and such
Governors so elected shall serve for a period of one year from the
date of their election or until their successors are elected and qualify.
The election, duties, and powers of the Board of Governors, and the
rules and regulations in respect of meetings of assenting employers,
are set forth in Schedule B hereto annexed. The Administrator may
appoint not to exceed three (3) members to serve without vote with
the Board of Governors in the administration of this Code.
Smc. 3. The expenses of formulating, putting into effect, and
administering this Code shall be borne by and assessed against the
employers of the Industry who have voluntarily assented to this
Code and also such employers of the Industry who receive the bene-
fits of this Code. Such assessments shall be made as provided in
Schedule B annexed hereto.
SEC. 4. In order to keep the President and the Administrator
informed as to the observance or nonobservance of this Code, each
employer shall prepare and file with the Board of Governors at such
times and in such manner as said Board may prescribe statistics cov-
ering the number of persons employed, wage rates, hours of working
and such other data or information respecting the conditions of
labor as the Board of Governors may require, but such information
shall be treated as confidential and used only and for the sole pur-
pose herein set forth. In addition to the above information there
shall be submitted to Government agencies such statistical informa-
tion as the Administrator may deem necessary for the purposes re-
cited in section 3 (a) of the National Industrial Recovery Act." *
Any action taken by the Board of Governors or other group within
the Industry, relative to the administration of this Code, may in
the discretion of the Board of Governors or such other group be
submitted to the Administrator for approval, and shall in any case
be subject to the disapproval of the Administrator.
ARTICLE VII-GENERAL PROVISIONS
SECTION 1. As soon as employers in the Industry shall have volun-
tarily assented to this Code by executing letters substantially in the
Approval of this Code is made conditional upon Insertion of this paragraph per
Executive Order approving the Code.







form set forth in Schedule A annexed hereto sufficient in number and-
importance to make the same truly representative of the Industry
such assenting employers shall elect the members of the Board of
Governors as herein provided, and said Board, upon being so elected,
shall promptly submit this Code to the President, pursuant to the
provisions of Title I of the National Industrial Recovery Act, and
upon the approval of this Code by the President, pursuant to provi-
sions of such Title I, it shall constitute a binding contract by and
among those who have assented thereto as in this Code provided
subject, however, to amendment and termination as in Article VIIf
provided.
SEC. 2. This Code shall become effective fifteen (15) days after
approval by the President, which date shall be the effective date
hereof.
SEC. 3. The President may from time to time cancel or modify any
order, approval, license, rule, or regulation issued under Title I of
the National Industrial Recovery Act.
ARTICLE VIII-AMENDMENTS AND TERMINATION

SECTION 1. Any employer assenting to this Code that may here-
after desire to have the Code amended or any supplementary provi-
sions added should take the following procedure: Propose the
amendment to the Board of Governors who shall, if a majority of
the Board shall approve the proposed amendment, submit it to a
meeting of the employers assenting to this Code especially called for
that purpose upon due notice; and if at any such meeting assenting
employers having the right to cast at least 75% of all the votes that
might be cast if all such assenting employers were present, shall
vote in favor of the adoption of such proposed amendment, such
amendment shall be submitted by the Board of Governors to the
President for approval, and such proposed amendment shall take
effect as a part of this Code upon such approval thereof by the
President. Employers voting on such amendments as above pro-
vided may vote in person, by proxy in writing, or may vote in
writing without being personally present.
SEC. 2. This Code shall continue in effect so long and only so long
as the National Industrial Recovery Act shall be in force and effect
but in no event after June 16, 1935, and shall in all respects be sub-
ject to the provisions and conditions thereof; provided, however,
that this Code may be terminated at any time by the same action
by assenting employers, with the approval of the President, as is
above provided for the amendment thereof. Such termination shall
not release any employer from the payment of any unpaid assess-
ment theretofore made.
Approved Code No. 152.
Registry No. 1147-02.





:.















SCHEDULE A

FoMa or Lrrn or AsS~ T To CoDE

The undersigned by signing and delivering this letter to S. L. Buschman,
Secretary of the Board of Governors, 110 East 42nd Street, New York City,
assents to all of the terms and conditions of the Code of Fair Competition
of the Can Manufacturers Industry, a copy of which is annexed hereto; and
such assent shall be effective as of the date on which said Code shall
become effective as .therein provided or the date of the delivery of this letter,
whichever shall be later. The undersigned hereby agrees with everyone
similarly assenting to said Code, that said Code constitutes a contract between
the undersigned and all such similar assenters and agrees to be bound by the
provisions thereof as well as the provisions in Schedule B annexed thereto
including particularly the right of assessment for expenses as provided in
Section 3 of Article VI and Schedule B annexed thereto, and that the election
of the members of the Board of Governors, heretofore had, pursuant to Section
1 of Article VII, be ratified and confirmed.
Very truly yours,


(25)















SCHEDULE B


RULES AND REGULATIONS FOB THE ADMINISTRATION OF THE CODE

SECTION 1. Each employer voluntarily assenting to the Code by executing
and delivering the letter of assent provided for in the Code shall be entitled to
participate in its administration as therein and herein provided and shall be
entitled to vote at all meetings of employers under the Code; and the Board of
Governors shall determine and resolve all questions which might arise as to
the qualification of any assenting employer and his right to cast a vote or the
number of votes to which he may be entitled. Any assenting employer may vote
by proxy in writing.
SEC. 2. In order to insure equitable representation of the views of the assent-
ing employers in terms of their numbers and volume of business, at each meet-
ing of such assenting employers and for all purposes requiring the vote of said
such assenting employers (excepting, however, in the election of members to the
Board of Governors, which is especially provided for in Section 4 hereof), each
assenting employer shall have and may cast one vote for each and every factory
or plant operated by such assenting employer for the manufacture and produc-
tion of the products of the Industry covered by this Code, that is to say, each
assenting employer shall have and may cast as many votes as such assenting
employer may operate such plants or factories, provided, however, that each
assenting employer shall have at least one vote.
SEC. 3. All meetings of the assenting employers shall be held from time to
time when called by the Chairman of the Board of Governors on ten days'
notice, except as otherwise herein provided.
SEC. 4. The members of the Board of Governors under this Code shall be
elected in the following manner: Each assenting employer operating more
than twenty-five (25) factories shall appoint three (3) members to the Board
of Governors, and each assenting employer operating four (4) or more fac-
tories, but not more than twenty-five (25) factories, shall appoint one (1)
member to the Board of Governors; the remaining members of the Board of
Governors shall be elected by the assenting employers opearting less than
four (4) factories and not having the right of appointment hereinabove pro-
vided for. In the event that any employer shall be entitled to a different or
greater representation due to a change in the number of its factories or other-
wise, the number of members of the Board of Governors may be increased;
but such increase shall be made only in a manner which shall not disturb the
ratio of the number of appointed members to the number of elected members
which shall always continue in the ratio of seven (7) to five (5) or its nearest
equivalent.
SEO. 5. Vacancies for any cause on the Board of Governors shall be filled as
follows: If such vacancy should occur amongst the members of the Board
appointed as above provided, then such vacancy shall be filled by the assenting
employer whose appointee has ceased to be a member of the Board of Gov-
ernors, it being the intention that each of the assenting employers operating
factories, as in Section 4 provided, shall at all times have the representation on
the Board of Governors provided in Section 4 hereof; if such vacancy should,
however, occur amongst the members of the Board elected by the assenting
employers not having the right of appointment, as provided in Section 4
hereof, then the remaining members of the Board of Governors elected by
employers not having the right of appointment shall fill such vacancy.
SEC. 6. If, at any time, there should be a tie vote in the Board of Governors
and a deadlock created thereby, then and in such case said Board of Governors
shall submit the question deadlocked to arbitration. Those members of the
Board of Governors assenting to the proposition deadlocked shall appoint one
arbitrator: those dissenting, a second arbitrator. If these two arbitrators shall
(26)








not agree they shall select a third arbitrator. A decision of a majority of
I. these three arbitrators shall be final and conclusive.
SSa. 7. Assenting employers entitled to cast at least 75% of all votes that
might be cast at a meeting, if all the assenting members were present or duly
S represented in person or by proxy threat, shall constitute a quorum for the
transaction of business.
ISw"... 8. The Board of Governors shall have all the powers and duties con-
ferred by this Code and generally all such other powers and duties as shall be
fii necessary or proper to enable it fully to administer this Code and to effectuate
:! Its purposes and from time to time appoint and remove, and to fix the compen-
sation of all employees, including accountants, attorneys, and experts, as said
Board shall deem necessary or proper for the purpose of administering this
Code.
The Board of Governors may also from time to time appoint from the assent-
ing employers' committees, but the Board of Governors shall have no right to
delegate its power to such committees. Any information that may be furnished
by any assenting employer to the Board of Governors, or to any such Commit-
tee, if given in confidence, shall be treated as confidential by them.
The Board of Governors shall have power from time to time to interpret
and construe the provisions of this Code subject to review by the assenting
employers at a special meeting called for that purpose. Such meeting shall be
called on ten days' notice, upon the written request of three (3) members of
the Board of Governors or at least 10% in voting power of the assenting em-
ployers. Any interpretation and construction so established shall he subject to
review by the Administrator.
It shall be the duty and right of the Board of Governors, from time to time,
to call the attention of the assenting employers to any usages or practices
(other than those described and set forth in Article IV of the Code), deemed
by them to ie unfair and detrimental to the Industry and harmful or not con-
ducive to fully carry out the purposes of the National Industrial Recovery Act
and any such usage or practice, upon being condemned by a vote of a least 75%
of the total vote of assenting employers at a meeting specially called for that
purpose at which a quorum was present, shall, if and when sanctioned by the
President as an amendment to the Code, be thereafter deemed an unfair coib-
petitive practice, and any violation thereof, as in said Article IV of the Code
provided, shall be a violation of this Code within the meaning of Title I of the
National Industrial Recovery Act.
SEC. 9. The expenses of formulating, putting into effect, and administering the
Code shall be borne by the assenting employers and such employers of the
Industry who receive the benefits of this Code. The Board of Governors may
from time to time make such assessments on account of such expenses against
such employers as it shall deem proper. The part of such expenses which shall
be assessed against such employers shall be assessed by the Board of Governors
taking into account the number of employees employed by such employers and
an equitable consideration of their position in the Industry, and all such
assessments so levied, should be accompanied by a statement of such expenses.
Failure of any such assenting employer to pay any such assessment for a period
of thirty (30) days after the date on which it became payable shall entitle the
Board of Governors to deprive such defaulting employer of his participation in
the administration of the Code as therein and herein provided, but such em-
ployer shall continue to be liable for all due and unpaid assessments which he
agrees to pay.

0




UNIVERSITY OF FLORIDA

l Iiiii illil i llIH III IIll | 11111111
3 1262 08583 0601





















I
i


,.'- ...... -.