Approved Code No. 65-Amendment No. I Registry No. 1702-2-0 1
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JANUARY 15, 1935
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Approved Code No. 65-Amendment No. 1
Registry No. 1702-2-01
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Approved Code No. 65-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
ADVERTISING SPECIALTY INDUSTRY
As Approved on January 15, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
ADVERTISING SPECIALTY 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 approval of amendments
to a Code of Fair Competition for the Advertising Specialty Indus-
try, and hearings having been duly held thereon and the annexed
report on'said amendments, containing findings with respect thereto,
having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise; does hereby incorporate,
by reference, said annexed report, and does find that said amend-
ments and the Code as constituted after being amended comply in
all respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does hereby order that
said amendments be and they are hereby approved, and that the
previous approval of said Code is hereby amended to include an
approval of said Code in its entirety as amended; provided, however,
that the conditions set forth in the Executive Order of Approval,
dated October 31, 1933, shall remain in effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Acting Division Administrator.
WASHINOTON, D. C.,
January 15, 1935.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the amendment of the Code of Fair Com-
petition for the Advertising Specialty Industry, as approved by you
on October 31, 1933. Application was duly made by the Code Au-
thority for the Advertising Specialty Industry for amendments to
Article II, Sections (a) and (b); Article III, Section 1; and
Article VII, Paragraph A of the Code of Fair Competition for this
Industry. A Public Hearing on certain amendments that were ger-
mane to these present amendments was held on May 7, 1934. Fair
notice of opportunity to be heard on these present proposed amend-
ments was given to all interested parties.
The purpose and effect of these amendments is:
(1) To more clearly and restrictively define the definition of this
(2) To set forth more definitely the hours limitation;
(3) To include provisions forbidding subterfuge, requiring estab-
lishment and submission to the Administration of standards of
safety and health, requiring the posting of labor provisions, and for-
bidding dismissal for complaints;
(4) To provide representation for jobbers on the Code Authority,
thus making representation more equitable; and
(5) To more adequately set forth the powers and duties of the
The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on said amendments to said
Code, having found as herein set forth, and on the basis of all the
proceedings in this matter:
Said Board finds that:
(a) Said amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act, including removal of obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount thereof, and will provide for the general wel-
fare by promoting the organization of Industry for the purpose of
cooperative action among trade groups, by inducing and maintain-
ing united action of labor and management under adequate Govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of Industries, by avoiding undue restrictions of
production (except as may be temporarily required), by increasing
the constimption of industrial and agricultural products through in-
creasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabili-
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Secton 7 and
Subsecton (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
For these reasons, therefore, said Board has approved said amend-
For the National Industrial Recovery Board:
W. A. HARRIMAN, Administrative Officer.
JANUARY 15, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE ADVERTISING SPECIALTY INDUSTRY
Delete Article II, Section (a), substituting therefore:
"(a) The term 'Advertising Speciality Industry' or 'Industry'
as used herein is defined to mean and include the manufacture
(fabrication and/or assembly), and,'or sale by the manufacturer
and/or jobber of the products of this Industry or any one of them ".
Delete Article II, Section (b), substituting therefore:
"(b) The term 'Products of this Industry' or 'Products' is
defined to mean and include all articles specifically designed and
made for advertising purposes and incorporating the advertising
integrally on or as a part of the article, together with parts of the
foregoing articles which incorporate the aforementioned advertis-
ing copy when manufactured (fabricated andor assembled), such
articles being given away to the ultimate consumer.
SECTION 1. Delete, substituting therefore the following:
"Section 1. (a) No employee shall be permitted to work in ex-
cess of forty (40) hours in any one week or eight (8) hours in any
twenty-four (24) hour period, except as herein otherwise expressly
"Section 1 (b). The maximum hours fixed in Section 1 (a) shall
not apply to employees for twelve (12) weeks in any fifty-two (52)
weeks period during which time overtime shall not exceed eight (8)
hours in any one week; provided, that at least one and one-half
(11/) times the regular rate shall be paid for hours worked in
excess of eight (8) hours in any twenty-four (24) hour period or
forty (40) hours in any seven (7) day period ".
SECTION 1 (c) No employee shall be permitted to work more
than six days in any seven day period, except watchmen may be
permitted to work thirteen (13) days in any fourteen (14) day
"SECTION 1 (d) The maximum hours fixed in Section 1 (a) shall
not apply to watchmen, provided that watchmen shall not be per-
mitted to work in excess of forty-eight (48) hours per week."
To Article IV add the following provisions:
"(f) Subterfuge Forbidden.-No employer shall reclassify em-
ployees or duties of occupations performed or engage in any other
subterfuge so as to defeat the purposes or provisions of the Act
or of this Code.
"(g) Standards for Safety and Health.-Every employer shall
provide for the safety and health of employees during the hours
and at the places of their employment. Standards for safety and
-health shall be submitted by the Code Authority to the National
Industrial Recovery Board before March 1, 1935.
S"(h) Posting Required.-All employers shall post and keep posted
copies of this Code in conspicuous places accessible to all employees.
Every member of the Industry shall comply with all rules and regu-
lations relative to the posting of provisions of Codes of Fair Com-
petition which may from time to time be prescribed by the National
Industrial Recovery Board.
"(i) Dismissal for Complaints Forbidden.-No employee shall be
discharged, demoted, or otherwise discriminated against by reason
of making a complaint or giving evidence with respect to an alleged
violation of this Code."
Substitute the following for Article VII, Paragraph (a) :
(a) To effectuate further the policies of the Act, a Code Author-
ity for the Advertising Specialty Industry is hereby designated to
administer this Code.
1. The Code Authority shall consist of five representatives of the
Industry, four of whom shall be manufacturers and one of whom
shall be a jobber, to be elected by a fair method of selection approved
by the National Industrial Recovery Board and in addition there
may be three members, without vote, to be known as Administration
Members, to be appointed by the National Industrial Recovery Board
to serve for such terms as it may specify.
".2. Each trade association, directly or indirectly, participating in
the selection or activities of the Code Authority shall (1) impose no
inequitable restrictions on membership, and (2) submit to the Na-
tional Industrial Recovery Board true copies of its articles of asso-
ciation, by-laws, regulations and any amendments when made thereto,
together with such other information as to membership, organization
and activities as the National Industrial Recovery Board may deem
necessary to effectuate the purposes of the Act.
3. 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 National Industrial Recovery Board may
prescribe such hearings as it may deem proper and thereafter, if
it shall find that the Code Authority is not truly representative or
does not in other respects comply with the provisions of the Act,
may require an appropriate modification in the method of selection
of the Code Authority.
"4. If the National Industrial Recovery Board shall determine
that any action of the Code Authority, or any agency thereof, may
be unfair or unjust or contrary to the public interest, the National
Industrial Recovery Board may require that such action be suspended
to afford an opportunity for investigation of the merits of such action
and further consideration by the Code Authority or agency pending
UNIVERSITY OF FLORIDA
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final action which shall not be effective unless the National Indus-
trial Recovery Board approves or unless it shall fail to disapprove
after thirty (30) days' notice to it of intention to proceed with such
action in its original or amended form.
5. The Code Authority shall have power to investigate alleged
violations of this Code and acts or courses of conduct by any mem-
ber which are or appear to be contrary to the policy of the Act or
which tend or may tend to render ineffective this Code and to report
the same with recommendations to the National Industrial Recovery
6. The Code Authority shall use such trade associations and
other agencies as it deems proper for the carrying out of any of its
activities provided for herein, provided that nothing herein shall
relieve the Code Authority of its duties or responsibilities under this
Code and that such trade associations or agencies shall at all times
be subject to and comply with the provisions hereof.
7. The Code Authority may appoint a Trade Practice Committee
which shall meet with the Trade Practice Committees under such
other Codes as may be related to this Industry for the purpose of
formulating Fair Trade Practices to govern the relationship between
production and distribution employers .nder this Code and under
such others to the end that such Fair Trade Practices may be pro-
posed to the National Industrial Recovery Board as amendments to
this Code and such other Codes.
"8. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose; nor shall any
member of the Code Authority be liable in any manner to any one
for any act of any other member, officer, agent or employee of the
Code Authority; nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to any one for any action or omission to act under
this Code, except for his own wilful malfeasance or nonfeasance.
"9. The Code Authority may recommend to the National Indus-
trial Recovery Board any action or measures deemed advisable,
including further fair trade practice provisions to govern members
of the industry in their relations with each other or with other
industries; measures for industrial planning, and stabilization or
employment; and including modifications of this Code which shall
become effective as part hereof upon approval' by. the National
Industrial Recovery Board after such notice and hearing as it may
Approved Code No. 65--Amendment No. 1.
Registry No. 1702-2-01.