Code of fair competition for the linoleum and felt base manufacturing industry as approved on September 18, 1933 by Pres...

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Material Information

Title:
Code of fair competition for the linoleum and felt base manufacturing industry as approved on September 18, 1933 by President Roosevelt
Portion of title:
Linoleum and felt base manufacturing industry
Physical Description:
viii, 4 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Linoleum industry -- Law and legislation -- United States   ( lcsh )
Floor coverings industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1635-1-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938228
oclc - 649693613
System ID:
AA00008126:00001

Full Text




SRegistry No. 1635-1-01


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

LINOLEUM AND FELT BASE

MANUFACTURING INDUSTRY

AS APPROVED ON SEPTEMBER 18, 1933
..... .... B Y
PRESIDENT ROOSEVELT




..MEMBER


U.S.

WE DO OUR PART




1. Executive Order of President Roosevelt
2. Report of Administrator
3. Report of Deputy Administrator'
4. Text of Code
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SUNIV.OFFL LIB. l
0r DOUMENTS DEPT -
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.:. U.S. DEPOfIT W- ATES
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WASHINGTON: 1933

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bll i 'EqledneI nt of Doeomesnt, Wwhinstou, D.C. Price 5 cents


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EXECUTIVE ORDER

CODE OF FAIR COMPETITION, FOR LINOLEUM AND FELT BASE
MANUFACTURING 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 Linoleum and Felt Base Manufacturing
Industry, and hearings having been held thereon and the Adminis-
trator having rendered his report containing an analysis of the. said
code of fair competition together with his recommendations and find-
ings 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 adopt and approve the report, recommendations and
findings of the Administrator, and do order that the said code of
fair competition be, and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
The WHITE HOUSE,
September 18, 1933.
(II)












To the PRESIDENT:
This is a report of the hearing of the Code of Fair Competition
for the Linoleum and Felt Base Manufacturing Industry, conducted
in Washington on September 1, 1933, in accordance with the pro-
visions of the National Industrial Recovery Act.
The following exhibits are included and attached:
1. Code as finally proposed
2. Notice of hearing
3. Statement of procedure
4. Statistical analysis by Research and Planning Division
5. Transcript of record
6. Report of Deputy

CONDUCT OF THE HEARING
In the conduct of the hearing opportunity to be heard freely in
public was afforded to every person who had filed a request for
appearance, and all statutory and regulatory provisions were
observed.
The Code which is attached was presented by the duly authorized
and qualified representatives of the Linoleum and Felt Base Manu-
facturing Industry, representing, it is claimed, 100 percent of the
industry.
No one spoke at the public hearing in protest of any provision of
the Code proposed for this industry.

RESUME OF CODE PROVISIONS
Any member of the industry is eligible for membership in the
Linoleum and Felt Base Manufacturers' Association, proponents of
the Code.
Members of the industry will render to the Administrator reports
relative to hours of labor, wages, volume of production, and fiinshed
stocks on hand, and such additional reports as may be required.
The Code provides that no member of this industry shall cause
or permit any employee, except executives and their personal sec-
retaries, salesmen, research technicians, foremen, and assistant fore-
men, to work an average of more than 40 hours per week in any
26 weeks' period (i.e., not over 1,040 hours in any 26 weeks' period)
and in no event, except shipping crews including truck drivers,
more than 48 hours in any one week. In cases of emergency, labora-
tory technicians and mechanics engaged in repair work shall be
exempt from the maximum hour limitations.
No member of this industry shall employ any minor under the
age of sixteen years.
The minimum wage to be paid to any employees in this industry
shall be at the rate of 40 cents per hour for male employees and








35 cents per hour for female employees. Female labor will re-
ceive the same pay as male labor for performing the same work
under similar conditions.

EFFECT OF CODE ON WAGES AND EMPLOYMENT

The provisions of the proposed Code relating to wages and hours
were put into effect by every concern in the industry on August
1, 1983, with the following results:
The number of wage earners increased 55 percent above the
average number employed during the first six months of 1933.
More than 2,000 employees were added to the payroll, bringing the
number engaged in the industry to 5,888, a total that is slightly
above the average number employed in 1929 in all plants now
operating.
The total pay roll per hour for the entire industry increased 82
percent above the average paid during the first six months of 1933.
The average wage rate for male factory employees rose 18 percent
to 5114 cents an hour. This is 4 percent less than the average wage
rate in effect in 1929.

SUMMARY OF OPINIONS ON CODE

The Code has the approval of the Legal Division of this Admin-
istration, the Industrial Advisory Board, the Consumers' Advisory
Board, and the Division of Economic Research and Planning.
In giving approval of this Code the Labor Advisory Board makes
a recommendation that statistics on overtime work in this industry
be required.
Findings
I find that:
(a) The Code complies in all respects with the pertinent provi-
sions of Title I of the Act, including, without limitation, subsection
(a) of Section 7 and subsection (b) of Section 10 thereof; and that
(b) The Linoleum and Felt Base Manufacturers' Association im-
poses no inequitable restrictions on admission to membership therein,
and is truly representative of the Linoleum and Felt Base Manu-
facturing Industry; and that
(c) The Code is not designed to promote monopolies or to elimi-
nate or oppress small enterprises, and will not operate to discrimi-
nate against them, and will tend to effectuate the policy of Title I
of the National Industrial Recovery Act.

Reco m mendat ion

I hereby recommend the approval of the Code of Fair Competition
for the Linoleum and Felt Base Manufacturing Industry.
Respectfully submitted.
HUGH S. JOHNSON, Administrator.













To the ADMINISTRATOR:
This is a report of the hearing of the Code of Fair Competition
for the Linoleum and Felt Base Manufacturing Industry, conducted
in Washington on September 1, 1933, in accordance with the provi-
sions of the National Industrial Recovery Act.
The following exhibits are included and attached:
1. Report of the Industrial Advisory Board.
2. Report of the Consumers' Advisory Board.
3. Report of the Labor Advisory Board.
4. Report of the Legal Division.
5. Report of the Research and Planning Division.

CONDUCT OF THE HEARING

In the conduct of the hearing opportunity to be heard freely in
public was afforded to every person who had filed a request for
appearance, and all statutory and regulatory provisions were
observed.
The Code which is attached was presented by the duly authorized
and qualified representatives of the Linoleum and Felt Base Manu-
facturing Industry, representing, it is claimed, 100 percent of the
industry.
No one spoke at the public hearing in protest of any provision of
the Code proposed for this industry.

CONDITIONS IN THE INDUSTRY

Production in the Linoleum and Felt Base Manufacturing Indus-
try reached a total of 158,542,000 square yards in 1929, of which
46,513.000 square yards was linoleum, and 112,029,000 square yards
was felt base. In 1932 this production dropped to a total of
94,527,000 square yards, a total decrease of 41 percent. Of this
decrease, 16,125,000 square yards, or 71 percent, was lost in the lino-
leum branch of the industry. Felt-base production fell to 74,404,000
square yards in 1932-a decrease of 29 percent in that branch of the
industry.
In 1929 the average employment in the industry was 5,768 wage
earners. During the following three years the number gradually
decreased so that in 1932 the average employment was but 3,975, a
total decrease of 31.2 percent.
The average number of employees on hourly rates in the industry
during the first half of 1933 was 3,783. For the last half of 1933,
with the proposed provisions of the Code in effect, it is estimated
that the average number of employees on hourly rates will be 5,380,
representing an increase of more than 42 percent.




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NATURE OF MANUFACTURING OPERATIONS

A majority of the many operations entering into the manufacture
of linoleum and felt base involve chemical processes. Typical exam-
ples include the oxidization of linseed oil, the manufacture of lino-
leum cement, the seasoning of linoleum composition, the drying of
coating compositions, the hardening of print paints, etc. It has been
fund by experience that most of these processes are affected by at-
mospheric conditions of temperature and humidity, as well as by
unknown factors, and that the periods required for completion may
vary widely.
The proposed Code, therefore, avoids a rigid limitation upon the
maximum hours of workers in any one day, since it would interfere
with the normal completion of a process and would endanger the loss
of goods in production, where for unknown or unavoidable causes,
the chemical process was not completed within the normal time.
Also such operations as the inlaying of linoleum involve the use of
elaborate machinery. A considerable part of each day's run is re-
quired to adjust such equipment for operation and to clean up after
completion of the run. Unavoidable interruption during the run
would mean lost production and goods partially processed would be-
come wasted and the cost of operation would become excessive.

RESUME OF CODE PROVISIONS

Any member of the industry is eligible for membership in the
Linoleum and Felt Base Manufacturers' Association, proponents of
the Code.
Members of the industry will render to the Administrator reports
relative to hours of labor, wages, volume of production, and finished
stocks on hand, and such additional reports as may be required.
The Code provides that no member of this industry shall cause or
permit any employee, except executives and their personal secretaries,
salesmen, research technicians, foremen, and assistant foremen, to
work an average of more than 40 hours per week in any 26-weeks
period (i.e., not over 1,040 hours in any 26-weeks period) and in
not event, except shipping crews, including truck drivers, more than
48 hours in any one week. In cases of emergency, laboratory tech-
nicians, and mechanics engaged in repair work shall be exempt from
the maximum-hour limitations.
No member of this industry shall employ any minor under the age
of 16 years.
The minimum wage to be paid to any employees in this industry
shall be at the rate of 40 cents per hour for male employees and 35
cents per hour for female employees. Female labor will receive the
same pay as male labor for performing the same work under similar
conditions.

EFFECT OF CODE ON WAGES AND EMPLOYMENT

The provisions of the proposed Code relating to wages and hours
were put into effect by every concern in the industry on August 1,
1933, with the following results:






VIII

The number of wage earners increased 55 percent above the average
number employed during the first 6 months of 1933. More than
2,000 employees were added to the pay roll, bringing the number
engaged in the industry to 5,888, a total that is slightly above the
average number employed in 1929 in all plants now operating.
The total pay roll per hour for the entire industry increased 82
percent above the average paid during the first 6 months of 1933.
The average wage rate for male factory employees rose 18 percent
to 511/4 cents an hour. This is 4 percent less than the average wage
rate in effect in 1929.

SUMMARY OF OPINIONS ON CODE

The Code has the approval of the Legal Division of this Adminis-
tration, the Industrial Advisory Board, the Consumers' Advisory
Board, and the Division of Economic Research and Planning.
In giving approval of this Code the Labor Advisory Board makes
a recommendation that statistics on overtime work in this industry
be required.
Findings
I find that-
(a) The Code complies in all respects with the pertinent provisions
of Title I of the Act, including, without limitation subsection (a)
of Section 7, and subsection (b) of Section 10 thereof; and that, *
(b) The Linoleum and Felt Base Manufacturers' Association
imposes no inequitable restrictions on admission to membership
therein, and is truly representative of the Linoleum and Felt Base
Manufacturing Industry; and that,
(c) The Code is not designed to promote monopolies or to elimi-
nate or oppress small enterprises, and will not operate to discrimi-
nate against them, and will tend to effectuate the policy of Title I
of the National Industrial Recovery Act.

Recommendation

I hereby recommend the approval of the Code of Fair Competition
for the Linoleum and Felt Base Manufacturing Industry.
Respectfully submitted.
BARTON W. MURRAY,
Assistant Deputy Administrator.
Approved:
W. L. AmLEN, Deputy Administrator.













.CODE OF FAIR COMPETITION FOR THE LINOLEUM AND
FELT BASE INDUSTRY

For the purpose of complying with the provisions of Title I of
the National Industrial Recovery Act, and effectuating the policy
of Congress as declared in said Act, in so far as applies to the
within Industry, the following conditions and principles are adopted
as a Code of Fair Competition (hereinafter referred to as the
"'Code ") for the manufacturers of Linoleum and Felt Base
Products.
ARTICLE I-D rrEFINITIONS

(a) National Industrial Recovery Act ", means the National
Industrial 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
America.
(d) "Administrator ", means the duly appointed representative
of the President to administer the Industrial Recovery Act.
(e) "Association ", means the Linoleum and Felt Base Manu-
facturers Association, of New York City.
(f) "The Industry ", means and includes the business of manu-
facturing and selling Linoleum and Felt Base Floor Covering
products.
(g) "Effective Date ", means the second Monday after this Code
is duly approved by the President.

ARTICLE II-MEMBERSHIP

Any member of the Industry is eligible for membership in the
Association, and there shall be no inequitable restrictions on mem-
bership. The provisions of the Code shall be applicable to all mem-
bers of the Industry.

AncrILE III-CANCELLATION OR MODIFICATION OF GOVERNMENT
APPROVAL

This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
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.
12107"---133-3----33 II








ARTICLE IV-HOURS OF LABOR, MINORS, RATES OF PAY, AND OTHER
CONDITIONS OF EMPLOYMENT

SECTION 1. Hours of labor.-On and after the effective date no
member of this Industry shall cause or permit any employee, except
executives and their personal secretaries, salesmen, research tech-
nicians, foremen, and assistant foremen, to work an average of more
than 40 hours per week in any 26 weeks' period (i.e., not over 1,040
hours in any 26 weeks' period) and in no event, except shipping
crews, including truck drivers, more than 48 hours in any one week.
Provided that in cases of emergency, laboratory technicians and
mechanics engaged in repair work shall be exempt from the maximum
hour limitations above provided. For the purposes of this Section,
the first 26 weeks' period for each employee in the employ of any
member of this Industry at the effective date of this Code shall begin
with that date, and the first 26 weeks' period for any employee there-
after employed by any member of this Industry shall begin with the
late of employment of such employee by such member.
SEC. 2. MAlinor Labor.-On and after the effective date, no member
of this Industry shall employ any minor under the age of sixteen
years: Provided, however, that where a State law specifies a higher
minimum age, no member of this Industry shall employ within such
State any person below the age specified by such State law. It has
not been the custom in this Industry to employ child labor.
SEC. 3. Minimum Wage Rates.-On and after the effective date,
the minimum wage which shall be paid by members of this Industry
to any employee except office employees, shall be at the rate of 400
per hour for male labor and 350 per hour for female labor. The
above minimum rates of pay shall not in any way be considered
as a discrimination by reason of sex and where in any case women
do the same work, or perform substantially the same duties as men
during the hours that they are legally permitted by State laws to
be employed they shall receive the same rate of wage as men receive
for doing such work or performing such duties. The minimum
wage paid to any office employee shall be at the rate of $14.00 per
week. Rates paid for hourly labor in excess of the minimum rates
shall be increased in fair relation to the above minimum hourly
wage rates. Said minimum hourly wage rates shall be maintained
regardless of whether the employee is compensated on the basis of
a time rate or on a piece-work performance: Provided, however,
that when a State law specifies a higher minimum wage no member
of this Industry shall employ within such State any person at a
rate below the wage specified by such State law.
SEC. 4. Employee organization and bargaining.-(a) Employees
shall have the right to organize and bargain collectively through
representatives of their own choosing, and shall be free from the
interference, restraint, or coercion of employers 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.








.(. i(o employee,~ d no one seeking employment in the Industry,
tall be required aw a condition of employment, to join any company
unio, or to refrain from joining, organizing, or assisting a labor
o6 nizatio of his own choosing.
) ~Ipnployers shall comply with the maximum hours of labor,
~im mnm rates of pay, and other conditions of employment, approved
or prescribed by the President.
SABTICL V-REPORTS, STATISTICS
With a view to keeping the President informed as to the func-
tioning of this Code of Fair Competition, and whether the Industry
is adopting and maintaining appropriate action to effectuate the
declared policy of the Act, and to provide for making available to
the Administrator and members of the Industry information to
assist in effectuating the policy, of the Act, each member of the
Industry shall furnish to the Administrative Agency hereinafter
provided for or to the Administrator, reports relative to hours of
labor, wages, volume of production and sales in units and/or dollars,
and finished stocks on hand. Members of the Industry shall furnish
such additional reports and data as may be required by the Adminis-
trator or by the Association subject to the approval of the Adminis-
trator and otherwise in the form and manner as hereafter may be
directed by the Administrator or the Association, subject to the
approval of the Administrator. All of such reports and data shall
be duly certified if requested by the Administrator or the Association.
ARTICLE VI-VERIFICATION OF REPORTS

All reports required by the Code to be filed with the Association
shall be subject to verification by a competent and disinterested
person, at such time or times, and by such person or persons as may
be determined by the Association, subject to the approval of the
Administrator. Provided, that if it should appear that any reports
were not filed when and as required by the Code, or were inaccurate,
the expense of such verifying work, subject to the approval of the
Administrator, shall be paid by the member of the Association so
in default.
ARTICLE VII-ADMINISTRATIVE AGENCY

The Linoleum and Felt Base Manufacturers Association is hereby
designated the Agency to cooperate with the Administrator in admin-
istering, supervising, and promoting the performance of the pro-
visions of this Code by the members of the Linoleum and Felt Base
Industry.
ARTICLE VIII-AMENDMENTS
Such of the provisions of this Code as are not required to be
included therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in the circumstances or experience may indicate. It is contemplated





UNIVERSITY OF FLORIDA

im1111111111111111111111 1111111
3 1262 08584 7761


that from time to time, supplementary provisions to this Co eor
additional Codes will be submitted for the approval of the President
to prevent unfair competition in price and other unfair and aestru-
tive competitive practices and to effectuate other purposes aad'po li-
cies of Title I of the National Industrial Recovery Act consistent
with the provisions thereof.
Approved by all of the members of the Industry as follows:
ARMSTRONG CORK COMPANY, J. C. DUNN & Co.,
BIRD & SON SALES CORPORATION, MANNINGTON MILLS, INC.,
BON-A-FIDE MILLS, INC., THE PARAFINE COMPANIES, tIa .,
CARTHAGE MILLS INCORPORATED, THE COTT-A-LAP COMPANY, IC.,
CONGOLEUM-NAIRN, INC., SANDURA COMPANY, INC.,
DELAWARE FLOOR PRODUCTS, INC., SLOANE-BLABON CORPORATION. ,

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