Registry No. 611-1-01
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
AS SUBMITTED ON SEPTEMBER 1, 1933
WE DO OUR PART
_______- -- -I
The Code for the Explosives Industry
in its present f6rm merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
For sale by the Superintendent or Documents. Washington, D.C. - Price 5 cents
CODE OF FAIR COMPETITION FOR EXPLOSIVES INDUSTRY
ADOPTED AT INDUSTRY MEETING WALDORF-ASTORIA HOTEL,
NEW YORK, N.Y., JULY 29TH, 1933
To effectuate the policy of Title I of the National Industrial
Recovery Act, during the period of the emergency, the following
provisions are established as a code of fair competition for the
ARTICLE I-i. DEFINITIONS
(a) "National Industrial Recovery Act" means the National In-
dustrial Recovery Act approved by the President on June 16th, 1933.
(b) "Act" means National Industrial Recovery Act.
(c) "President" means the President of the United States of
(d) "Administrator" means the duly appointed representative of
the President to administer the Industrial Recovery Act.
(e) "Secretary" means the person designated by the Managing
Committee to act. in that capacity for the Industry.
(f) The term "Explosives Industry" as used herein is defined to
mean manufacturers of high explosives, black powder, blasting
caps, electric blasting caps, safety fuse, cordeau fuse, smokeless
powder, nitrocellulose, and other products manufactured by the Ex-
plosives Industry, including the preparation of the semi-finished
(g) "Persons" means natural persons, partnerships, associations,
(h) "Managing Committee" means the Committee described in
Article III hereinafter.
(i) The term "effective date" as used herein is defined to be the
second Monday after the approval of this Code by the President of
the United States.
ARTICLE II-1. CANCELLATION OR MODIFICATION OF GOVERNMENT
This Code and all the provisions thereof are expressly made subject
to the right of the President, in accordance with the provision of
Clause 10 (b) of the National Industrial Recovery 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 to the
right, of the President to cancel or modify his approval of this Code
or any conditions imposed by him upon his approval thereof.
ARTICLE III-1. ADMINISTRATION-SUPERVISION-ENFORCEMENT
Meetings of all the members of the Industry may be held from time
to time for the purpose of considering and acting upon all matters
pertaining to this Code or affecting the Industry. Such Industry
9144-33 1 I
meetings may be regularly called by the giving of a written notice
to all members, signed by any three members of the Industry who
have approved this Code, not less than five days in advance of the
meeting, specifying the time and the place for holding the same.
Voting at such meetings shall be limited to those who have signed
or approved this Code, and each of such members shall be entitled to
one vote. Not less than three fourths of all the members who have
signed or approved this Code, provided this three fourths of such
members shall during the last preceding year have sold three fourths
of the value of the total sales of the Industry, shall constitute a
quorum for the transaction of any business, except the election of a
Chairman of any such meetings, who may be elected by a majority
vote of those in attendance. In the event of an equal division upon
any question, the Chairman shall cast the deciding vote.
(a) To further effectuate the policies of the Act and to supervise
and enforce the provisions of this Code, a Managing Committee con-
sisting of seven members, including the Chairman, no two members
of said Committee to be chosen from one company, shall be selected
by a vote of not less than three fourths of the members who have
signed this Code, provided this three fourths of such members shall
during the last preceding year have sold three fourths of the value of
the total sales of the Industry.
(b) Increases and decreases in the number of the Managing Com-
mittee, the filling of vacancies therein, and the period for which any
or all of said Committee shall serve, shall be determined in the same
(c) The Chairman of the Managing Committee shall cause reason-
able notice to be sent to all members of said Committee for all
meetings thereof, specifying the time and place for holding the same.
Each member of the Committee shall be entitled to one vote, and a
majority of the Committee will be necessary to constitute a quorum
for the transaction of business.
(d) The Managing Committee shall do the things specifically
enumerated in this Code, and as may be required from time to time
by the members of the Industry, and shall employ a Secretary and
make such arrangements as may be necessary for the doing of such
work. Also the Committee shall, with the approval of the members
of the Industry, give its interpretation of and provide reasonable
methods and regulations for the supervision and enforcement of all
provisions of the within Code.
(e) All such regulations for the supervision and enforcement of
this Code shall be in addition to and not in lieu of any administrative
or enforcement provisions included within said Act, Governmental
Regulations concerning the same, or any amendments to said Act or
ARTICLE IV-HOURS OF LABOR, RATES OF PAY, AND OTHER
CONDITIONS OF EMPLOYMENT
SECTION 1. Hours of labor.-No person employed within the
Industry, whether by one or more employers in the Industry, shall
be permitted to work more than an average of forty (40) hours per
-week during any three-month period, nor more than forty-eight (48)
hours during any week; but such limitations shall not apply to-
(a) Any person employed in an executive, administrative, super-
visory, or technical capacity.
(b) Outside salesmen.
(c) Any person employed as repairman, engineer, power and/or
steam plant employee, electrician, truck driver, cleaner, or watch-
man, but the maximum hours for any such employee shall be forty
(40) per week, with a tolerance of ten percent.
The maximum hours provided in this subparagraph (c) shall not
apply to cases of emergency, provided that at the end of each calendar
month any such employer in the Industry shall report to the Managing
Committee in such detail as may be required by such Committee the
number of man hours worked in such month for emergency reasons
and the ratio which such emergency man hours bear to the total
number of man hours during said month.
SEC. 2.-Minimum Wages.-No employer in the Industry shall
pay to any accounting, clerical, office, service, or sales employee,
less than $15.00 per week, in any city of more than 500,000 popula-
tion, or in the immediate trade area of such city; not less than $14.50
per week in any city of between 250,000 and 500,000 population,
or in the immediate trade area of such city; not less than $14.00 per
week in any city of between 2,500 and 250,000 population, or in the
immediate trade area of such city, and in towns of less than 2,500
population to increase all wages by not less than twenty (20) percent,
provided that this shall not require wages in excess of $12.00 per week.
No employer in the industry shall employ any factory or mechanical
worker, or artisan, at less than forty (40) cents per hour, unless the
hourly rate for the same class of work on July 15th, 1929, was less
than forty (40) cents per hour, in which latter case not to pay less
than the hourly rate on July 15th, 1929, and in no event less than
thirty (30) cents per hour, provided this shall not apply to learners
during a six (6) weeks period of apprenticeship.
The above rates of pay are guaranteed minimum rates of pay
regardless of whether the employee is compensated on a basis of the
time rate or on a piece-work performance.
SEC. 3. Employee Organization and Bargaining.-(a) Employees
shall have the right to organize and bargain collectively through rep-
resentatives of their own choosing, and shall be free from the inter-
ference, 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; no employee and no one seeking
employment shall be required as a condition of employment to join
any company union or to refrain from joining, organizing, or assisting
S a labor organization of his own choosing; and employers shall comply
with the maximum hours of labor, minimum rates of pay, and other
conditions of employment, approved or prescribed by the President.
(b) It is understood that the foregoing does not impair in any
particular the constitutional rights of an employee and employer to
bargain individually or collectively, as may be mutually satisfactory
to both, and nothing in this Code shall prevent the selection, reten-
tion, or advancement of any employee on the basis of his individual
merit without regard to his affiliation with any labor or employee
On and after the effective date, employers in the Explosives
Industry shall not employ any person under eighteen (18) years of
With a view to keeping the President informed as to the functioning
of this Code of Fair Competition, and whether the Industry is adopt-
ing and maintaining appropriate action to effectuate the declared
policy of the Act, and to provide for making available to the Admin-
istration and members of the Industry, information to assist in
effectuating the policy of the Act, each member of the Industry will
furnish reports relative to hours of labor and wages as may be required
by the Administrator or Managing Committee, duly certified when
requested by the Managing Committee, and in such form and man-
ner as may hereafter be provided by said Managing Committee.
ARTICLE VII-EMPLOYEES, DIFFERENT INDUSTRIES
If any employer in the Industry is also an employer in any other
Industry, the provisions of this Code shall apply to and affect only
that, part of the business of such employer which is included in the
The foregoing provisions, particularly the limitations upon the
hours of labor and wages, have been included in this Code, and by
agreement have been put into effect before final approval of this Code
in order to immediately cooperate with the Recovery Administration.
Other provisions which may properly be included in a more complete
Code of Fair Competition have been deferred so as not to delay the
immediate operation of the within standards for the entire Industry.
Consequently, to further effectuate operations of the Act, the mem-
bers of the Industry may subsequently present to the Administration
for approval, additions and/or amendments to this Code, which
might relate to practices and principles of production and merchandis-
ing, collection and distribution of statistical data, conditions effecting
the Industry, and other matters which may be appropriate in this
Code of Fair Competition to avoid discrimination, to promote
stabilization of the Industry, and prevent and eliminate unfair com-
petitive practices and methods. Also, when any such additions or
amendments hereto shall have been so submitted to, and duly ap-
proved by, the Administration they shall have the same force and
effect as any of the provisions which have been included herein.
Approved at a meeting of the industry on July 29th, 1933, by the
following members of the industry:
x American Glycerine Co., Wilmington, Delaware.
xx American Powder Mills, Maynard, Massachusetts.
x Apache Powder Company, Benson, Arizona.
o Atlas Powder Company, Wilmington, Delaware.
x Austin Powder Company, Cleveland, Ohio.
xx C. E. Bedient, Cincinnati, Ohio.
o Burton Explosives, Inc., Cleveland, Ohio.
x California Cap Co., Oakland, California.
x Coast Mfg. & Supply Co., Livermore, California.
o Denn, J. A., Powder Co., Portland, Oregon.
o E. I. Du Pont De Nemours & Co., Wilmington, Delaware.
o Egyptian Powder Co., East Alton, Illinois.
o The Equitable Powder Mfg. Co., East Alton, Illinois.
o Eagle River Fuse Co., Eagle River, Michigan.
o Ensign-Bickford Company, Simsbury, Connecticut.
o General Explosives Co., Latrobe, Pennsylvania.
o The Giant Powder Co. Con., San Francisco, California.
o Hercules Powder Company, Wilmington, Delaware.
x Hudson Torpedo Co., Okmulgee, Oklahoma.
o Illinois Powder Nlfg. Co., St. Louis, Missouri.
x The Independent Eastern Torpedo Co., Findlay, Ohio.
o The King Powder Company, Cincinnati, Ohio.
o Liberty Powder Company, Pittsburgh, Pennsylvania.
x Marietta Torpedo Co., Marietta, Ohio.
x National Fuse & Powder Co., Denver, Colorado.
o Pennsylvania Powder Co., Emporium, Pennsylvania.
x Producers Torpedo Co., Marietta, Ohio.
x Titan Powder Company, Portland, Oregon.
o Trojan Powder Company, Allentown, Pennsylvania.
xx United States Powder Co., Terre Haute, Indiana.
x West Coast Powder Company, Everett, Washington.
o Western Powder Company, Peoria, Illinois.
x Approval by telegram.
xx Qualified approval by telegram.
o Approval by representative in attendance at meeting.
UNIVERSITY OF FLORIDA
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3 1262 08584 7589
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