Code of fair competition for the buff and polishing wheel industry

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Material Information

Title:
Code of fair competition for the buff and polishing wheel industry as approved on November 4, 1933 by President Roosevelt
Portion of title:
Buff and polishing wheel industry
Physical Description:
v, 7 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Govt. Print. Off.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Polishing wheels -- Law and legislation -- 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:
Registry no. 1399-18.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938229
oclc - 31955286
System ID:
AA00008125:00001

Full Text





.AO. ....... A IS'. .R T O
NATIONALNL RECOVERY ADMINISTRATION
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CODE OF FAIR COMPETITION


FOR THE


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BUFF AND POLISHING


WHEEL INDUSTRY

AS APPROVED ON NOVEMBER 4,1933


PRESIDENT ROOSEVELT


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1. Executive Order
2. Letter of Transm taj
3. Code

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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


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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 Buildihg.
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.
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EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR THE BUFF AND POLISHING WHEEL
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 my approval of a Code
of Fair Competition for the Buff and Polishing Wheel Industry,
and hearings having been held thereon and the Administrator hav-
ing 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 per-
tinent provisions of title I of said act and that the requirements of
Clauses (1) and (2) of sub-section (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 adopt and approve the report and recommendations,
and findings of the Administrator and do order that the said code of
fair competition be, and it is hereby, approved, except that section
(n) of article VII must be eliminated.
FRANKLIN D. ROOSEVELT.
The WHIrE HOUSE,
November 4, 1933.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
(II)


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NOVEMBER 2, 1933.
The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Buff and Polishing Wheel Industry in the United States, the hear-
ing having been conducted in Washington on October 18, 1933, in
accordance with the provisions of the National Industrial Recovery
Act.
PROVISIONS FOR HOURS AND LABOR

The maximum of 40 hours a week and 8 hours a day is provided
for factory employees, except during emergency periods when the
maximum may be 48 hours per week for 6 weeks in any 6 months'
period, provided that the average will not exceed 40 hours per week.
Time and a third is paid for overtime. Employees engaged in
preparation, care, and maintenance, in delivery work, and nonpro-
ducing supervisors will have a tolerance of 10 percent above the
40-hour maximum, provided that their average time is not more
than 44 hours per week average in any 2-month period. Time and
a third will also be paid to these employees for overtime.
The limitations in hours will not apply to persons in a managerial
or executive capacity who receive more than $35 per week; nor to
traveling salesmen or watchmen, the latter limited to 48 hours weekly.
There will be no difference in the rates to male and female employees,
whether they are on a time or piece-work basis. Accounting, cler-
ical, service, sales, or other office employees will not be required to
work more than 40 hours a week averaged over any 2-month period,
nor more than 48 hours in any one week.
The minimum wage to factory workers will be 40 cents per hour.
Exceptions to this rate apply to employees engaged in light and
repetitive work, who will receive a minimum of 321/ cents per hour,
and to learners, who will receive no less than 80 percent of this
minimum. Office employees will receive no less than $15 per week,
except for office boys and girls, who will receive no less than 80
percent of this minimum.
CHILD LABOR

The minimum age of employees will be 16 years; except in haz-
ardous occupations where the minimum will be 18 years.

ECONOMIC EFFECT OF CODE

The 40-hour normal week for factory employees, with the addi-
tional pay for overtime, should tend to level employment peaks in
this industry, and materially increase the number of workers as soon
as business conditions improve in the capital goods industries.
(IV)







The working hours of this industry have been from 48 to 55 hours
!with 50 as a fair average. The minimum wage rates have been from
iI. 18 to 25 cents, with 20 cents as a fair average. The increase in pay
roll, as a result of the labor provisions, will be approximately 25
Percent.
i The products.of the Buff and Polishing Wheel Industry are used
'.for wiping, cleaning, and oiling; and, in connection with abrasives,
Sfor finishing surfaces, chiefly of metals. The buffs and wheels are
.made from cotton materials and are a superior product requiring a
.large percentage of skilled workers. There are 23 concerns in the
industry, with a total volume of business of $1,050,000 in 1932, 73
percent less than in 1929 ($3,900,000), and only 25 percent of produc-
tion capacity ($4,150,000). Employment has dropped 27 percent
since 1929.
FINDINGS
The 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 imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Buff and Polishing Wheel Industry; and that
(c) The code as recommended is not designed to promote monop-
olies 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.
It.is recommended, therefore, that this code be approved, except
that section (n) of article VII be eliminated.
Respectfully,
HUoH S. JOHNSON,
A administrator.




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CODE OF FAIR COMPETITION FOR THE BUFF AND
POLISHING WHEEL INDUSTRY
ARTICLE I-PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Buff and Polishing Wheel Industry, and
upon approval of the President shall be the standard of fair com-
petition for this Industry.
ARTICLE II-DEFINITIONS

The term Industry as used herein includes the manufacture of
buff and polishing wheels which are defined as those used for wip-
ing, cleaning, or oiling and in connection with abrasives for the
purposes of producing finished surfaces on metals or other
materials.
The term "Association as used herein means the Buff and Polish-
ing Wheel Manufacturers Association.
The term Employee as used herein includes anyone engaged
in any phase of the industry in any capacity in the nature of em-
ployee irrespective of the method of payment of his compensation.
The term Employer" as used herein includes anyone for whose
benefit such an employee is so engaged.
The term Member of the Industry includes any manufacturer
who shall be subject to this Code.
The term "Administrator as used herein means the Administra-
tor of Title I of the National Industrial Recovery Act.
The term Effective Date" as used herein shall be the date upon
which this Code shall have the approval of the President of the
United States.
ARTICLE III-HOUns
(a) Factory employees, mechanical workers, and artisans in the
Industry, except as hereinafter provided, shall not be employed
in excess of 40 hours per week, nor more than 8 hours in any one
day; provided, however, that during any period of emergency, an
employee of such classes may be permitted to work up to but not
more than 48 hours per week m six (6) weeks of any 6-month period;
provided, however, that the average over this period shall not exceed
40 hours per week. Employees in this category for hours worked
in excess of 40 hours per week or eight (8) hours per day shall be
paid at the rate of one and one third times the regular rates.
(b) There shall be a tolerance of 10 percent additional hours over
the above 40 hours for employees engaged in the preparation, care,
and maintenance of plant, machinery, and production facilities, stock
(1)





2

and shipping clerks, delivery employees, and nonproducing super-
visors; provided that such tolerance shall not result in such em-
ployees' working in excess of an average of 44 hours per week over
any 2-month period. Employees listed in this paragraph (b) for
hours worked in excess of 40 hours per week or 8 hours per day
shall be paid at the rate of one and one third times the regular irte
herein provided.
(c) The limitations as to hours of labor shall not apply to persons
in a managerial or executive capacity who receive more than $35.00
per week; nor to commercial traveling salesmen; nor to watchmen,
who shall be limited to a work week not to exceed 48 hours.
(d) No accounting, clerical, service, sales, or other office employees
shall work more than 40 hours per week on a 2-month average, nor
more than 48 hours in any one week.
(e) No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours prescribed for
each day and week, whether employed by one or more employers.
ARTICLE IV-WAGES

(a) The minimum wage that shall be paid to any employee in
this industry shall be 40 cents per hour, with the following excep-
tions:
(1) Employees engaged in light and repetitive work, who shall
be paid at the rate of not less than 32/2 cents per hour.
(2) Learners, who for a period not to exceed 10 weeks may be
employed at not less than 80% of the minimum wage, such learners
to constitute not more than 10% of the total of employees nor more
than 10 employees in any one plant.
(3) Watchmen, who shall be paid not less than the minimum
weekly wage of $13.00 for a work week not to exceed 48 hours.
(b) All employees mentioned in paragraph (d) of Article III
shall be paid at the rate of not less than fifteen dollars ($15.00)
per week.
(c) No employees of the classes mentioned in paragraph (d) of
Article III now receiving compensation at a rate in excess of the
minimum provided in paragraph (b) of this Article IV, next above,
shall have their compensation reduced on account of any reduction
in the weekly hours of employment to conform with the requirements
of paragraph (d) of Article III.
(d) The minimum wage that shall be paid to office boys and girls
and messengers, by any member of this Industry shall be not less
than 80% of the minimum wage stipulated in paragraph (b) of this
Article IV. Office boys and girls, and messengers shall constitute
not more than 10% of the total number of employees of any em-
ployer, nor more than 5 such employees in one plant.
(e) Where employees' earnings on piecework, divided by the
number of hours worked, produce a result under the minimum wage
stipulated in paragraph (a) of this Article IV, such earnings shall
be so adjusted as to conform with the aforesaid minimum wage.
(f) The differences in hourly rates for all operations shall be.
equitably readjusted and in no case shall they be decreased. Each
member of the Industry shall report all such readjustments made






sinceMay 1,198& to the Code Authority within 30 days of the
eflfective dte.
(g) No distinction in rates shall be made between male and female
emnloyes where substantially the same class of wprk is performed,
rgsg less of whether compensation is calculated on an hourly,
.* sky, monthly, or piecework basis. Wherever they displace men
I pi.any operation, women areto be paid at the same rate as the men
Sw.Ao were displaced.
(h) There shall be no evasion of this Code by any employer in
the Industry by reclassification of the functions of employees. An
employee shall not be included in one of the classifications exempted
rom the provisions of this Code unless the identical functions were
identically classified on June 16, 1933.
S(i) No person who has worked as a learner for one member for
the period of time prescribed under the term "learner in Article II
may thereafter be classified as a learner.
(j) Nothing in this Article IV shall apply to or affect any outside
salesmen compensated on a commission basis.
ARTICLE V-CHILD LABOR

SNo person under the age of 16 years shall be employed in the
Industry and no one under the age of 18 years shall be employed
-in hazardous work.
ARTICLE VI-ADMINISTRATION
1. To further effectuate the policies of the National Industrial
Recovery Act, a Code Authority is hereby set up to cooperate with the
Administrator in the administration of this Code.
S.(a) The Code Authority shall consist of the Executive Committee
of. the Buff and Polishing Wheel Manufacturers Association, two
representatives who may be elected by the non-members of the above
association in a way satisfactory to the Administrator, if they so
desire, and not more than three representatives who may be appointed
by the President if he so desires to represent the National Recovery
Administration, who shall act in an advisory capacity and shall have
no vote. The Code Authority shall complete their own organization
by the election of officers.
(b) Any member of the Industry is eligible for membership in
the Code and there shall be no inequitable restrictions on such mem-
bership. Any such member may participate in the preparation and
any revision of and additions or supplements to this Code by paying
therproper pro rata share of the cost and responsibility of creating
amd administering it, either by becoming a member of the Associa-
tion or by paying his proper share of the costs to the Code Authority.
(c) In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the Code
Authority is not truly representative or does not in other respects
ew ly with the provisions of the Act, may require an appropriate
acification in the method of selection of the Code Authority.






4

2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act and subject to review by the
Administrator:
(a) To collect from members of the Industry all data, reports, and
statistics when and as required by the President and/or the Adminis-
trator and/or their agents and/or the Code Authority. Such infor-
mation shall be held confidential by the Code Authority. Each such
member shall send his data signed by an officer, partner, or owner of
such member to the agent of the Code Authority. This agent shall
assemble all such data and present to the Code Authority only the
combined totals. Each such member shall retain copies of his own
data to be sent direct by him to the Administrator, if required by the
latter. Reports submitted by the Code Authority to the President
and/or the Administrator shall be in the form prescribed and/or
approved by him.
(b) To represent the Industry in conferring with the President
or his agents with respect to the administration of this Code and in
respect to the Act and any regulation issued thereunder.
(c) To hear and investigate complaints and attempt to adjust the
same in accordance with law.
(d) To coordinate the administration of this Code with such Codes,
if any, as may be adopted by any subdivision of this Industry, or any
related Industry, with a view to providing joint and harmonious
action on all matters of common interest, all with the approval of
the Administrator.
(e) To study the trade-practice provisions of Article VII and the
operation thereof and make recommendations from time to time to
the Administrator which it deems desirable for modification or addi-
tion thereto, which, upon the approval of the President or the Ad-
ministrator, after such hearing as he may prescribe, shall become a
part of this Code and have full force and effect as provisions hereof.
(f) To make rules and regulations necessary for the administra-
tion of this Code, subject to the right of any affected person to appeal
to the Administrator.
(g) In addition to information required to be submitted to the
Code Authority, there shall be furnished to Government agencies
such statistical information as the Administrator may deem necessary
for the purpose recited in Section III (a) of the Act.

ARTICLE VHI-UNFAIR TRADE PRACTICES
For all purposes of this Code the following acts shall constitute
unfair practices and each such act shall be a violation of this Code.
(a) Making or promising to any purchaser or prospective pur-
chaser of any product, or to any officer, employee, agent, or repre-
sentative of any such purchaser or prospective purchaser, any bribe,
gratuity, gift, or other payment or remuneration, directly or
indirectly.
(b) Procuring, otherwise than with the consent of a member.of
the Industry, any secret or confidential information concerning the
business of such member.
(c) Disseminating, publishing, or circulating any false or mislead-
ing information relative to any product, or price for any product,
of any member of the Industry, or the credit standing or ability of


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S: .. member thereof to perform any work or manufacture or produce
': idty product in the Industry or to the conditions of employment
S among the employees of any member thereof.
(d) Payment or allowing to any purchaser in connection with the
S sile of any product any rebate, commission, credit, discount, or
similar concession other than is permitted by the Code and specified
i.. in the order or contract of sale.
(e) Inducing, or attempting to induce, by any means, any party
to a contract with another member of the Industry operating under
this Code to violate such contract.
(f) Aiding or abetting any member of the Industry in any unfair
practice in the Industry.
S (g) Making or giving to any purchaser of any product of the
Industry any guarantee or protection in any form against decline in
the market price of such product.
(h) Making any sale or contract of sale of any product of the
Industry under any misleading or false description.
(i) Making excessive allowances or adjustments to a customer for
alleged defective merchandise or alleged shortages.
(j) Improperly dating any invoices.
(k) Making of more favorable terms of payment than the standard
terms adopted by the industry which are 30 days net, 1% for cash if
paid within 10 days. These terms may be extended to 1% on the 25th
of the month on invoices dated from the first to the fifteenth of the
month, and 1% on the 10th proximo for invoices dated from the 16th
tao the end of the month.
(1) Making contracts or accepting firm orders for a term exceeding
three months from the beginning of the month next following the
date of contract or contracts for other than a definitely stated quan-
tity, plus or minus 10%; or making contracts or accepting firm orders
which do not contain the following clause which is a part of the
standard contract as adopted by the industry:
Prices on any undelivered portion of this contract are subject to
increases or decreases due to federal legislation affecting the sellers
'cost and delivery may be modified to the extent necessitated by any
such governmental actions or legislation or strikes or labor troubles
or conditions over which we have no control."
(m) Extending any contract beyond its date of maturity.
(n) No member of the industry shall sell to its own jobbers or
distributors for resale until such jobbers or distributors have agreed
to maintain the manufacturer's published prices as described in
Article IX.
(o) Failure to use quantity differentials which may be adopted by
each member of the industry, and filed with the Code Authority.
AETICLe VIII-INDusTBR REOULTIONS
Every manufacturer shall use an accounting and cost finding
system which conforms to the principles of, and is at least as detailed
-and complete as the uniform and standard method formulated or
approved by the Code Authority, subject to the approval of the Ad-
aninistrator. Simplified Practice Recommendation R-115-30 of the
Bureau of Standards, Department of Commerce covering yardage






6

tables for standard forms of 20-ply full disc buffing wheel sections
shall be used as a basis of figuring costs, subject to the approval of
the Administrator.
No manufacturer shall sell or exchange any product of his manu-
facture at a price that will result in the customer paying for the
goods received less than the cost to the seller, such costs to be
determined in accordance with the uniform and standard method
hereinabove prescribed.
ARTICLE IX-PRICE POLICY

On and after the effective date, every member of the Industry
shall forthwith file in the office of the Association for immediate
distribution to all members of the Industry a complete schedule of
his prices then in effect on all buff and polishing wheel products.
All such price lists shall be open to inspection at the office of the
Association by all members of the Industry. Upon application of
any such member, the Association shall furnish copies of such
relevant price lists. The charge therefore, if any, made by the
Association, shall not exceed the actual cost of copies furnished and
postage.
Members of the Industry shall not sell at prices lower than their
own current published prices for a period of seven days from the
date on which their new price list is filed with the Association, and
shall not sell at any time or to any person, except upon terms then
published and in effect. Members of the Industry shall have the
right individually to publish new price lists from time to time not
inconsistent with the provisions of this Code.
ARTICLE X-GENERAL

(a) Each employer shall post in conspicuous places full copies of
this Code. -
(b) Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from interference, 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.
(c) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organi-
gation of his own choosing; and
(d) Employers shall comply with the maximum hours )f labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
(e) This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sion of subsection (b) of Section 10 of the Act, from time to time to
cancel or modify any order, approval, license, rule or regulation is-
sued under Title 1 of said Act and specifically, but without limita-
tion, to the right of the President to cancel or modify his approval





7

of this Code or any conditions imposed by him upon his approval
- .thereof.
(f) Within each state, members of the Industry shall comply with
S any laws of such state imposing more stringent requirements, regu-
lating the age of employees, wages, hours of work, or health, fire
or general working conditions, then under this Code.
(g) Where the costs of executing contracts entered into in this
industry are increased as a result of the enactment of the Act and by
the provisions of this Code, or where any contracts entered into
by an employer subject to this Code, are inconsistent with the pro-
visions thereof, it is equitable and promotive of the purposes of the
Act that appropriate adjustments of such contracts be arrived at by
arbitral proceedings or otherwise and with the assistance of the Code
Authority members of the'Industry will endeavor to make such
adjustments.
(h) Such of the provisions of this Code as are not required to be
included therein by the Act may, with the approval of the President,
be modified or eliminated as changes in the circumstances or experi-
ence may indicate. It is contemplated that from time to time supple-
mentary provisions to this Code or additional codes will be submitted
for the approval of the President to prevent unfair competition
in price and other unfair and destructive competitive practices and
to effectuate the other purposes and policies of Title I of the Act
consistent with the provisions thereof.
(i) No provision in this Code shall be interpreted or applied in
such manner as to:
1) Promote monopolies or monopolistic practices,
2) Permit or encourage unfair competition,
3) Eliminate or oppress small enterprises, or
4) Discriminate against small enterprises.
j) If any employer in this 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 apart of the
Industry covered by this Code. -
(k) This Code shall be in effect immediately upon its approval by
the President and shall apply to all persons engaged in the Industry.




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