Code of fair competition for the American match industry as approved on December 30, 1933 by President Roosevelt

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Material Information

Title:
Code of fair competition for the American match industry as approved on December 30, 1933 by President Roosevelt
Portion of title:
American match industry
Physical Description:
p. 621-631 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Match 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. 314-01."
General Note:
"Approved Code No. 195."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931617
oclc - 63654541
System ID:
AA00008249:00001

Full Text




proved Code No. 19S


Registry No. 314-01


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION

S. FOR THE


AlMERICAN MATCH INDUSTRY

*- AS APPROVED ON DECEMBER 30, 1933
BY


PRESIDENT ROOSEVELT


1. Executive Order


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2. Letter of Transmittal
3. Code






UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


by tie Superintendent of Documents, Washington, D.C. - Price 5 cents


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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 COMMEMCB
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.
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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.: Chnmber 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.























Approved Code No. 195


ERRATA SHEET

CODE OF FAIR COMPETITION

FOR THE

AMERICAN MATCH INDUSTRY

As Approved on December 30, 1933

The second line of Article VII, Price Lists and Discount Sheets
(page 628), should read as follows:

his net current price lists or price lists WITH discount,".
84059-34


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U.S. GOVERNMENT PRINTING OFFICE 19I


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Registry No. 314--91















Approved Code No. 195


CODE OF FAIR COMPETITION
FOR THE

AMERICAN MATCH INDUSTRY

As Approved on December 30, 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 American Match Industry, and hear-
ings having been held thereon and the Administrator having ren-
dered his report containing an analysis of the said Code of Fair
Competition together with his reconunendations 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 adopt and approve the report, recommendations
and findings of the Administrator and do order that the said Code
of Fair Competition be and is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
THE WHITE HOUSE,
December 30, 1933.
(621)


29828- 296-211--34













DECEMBER 19, 1938.
The PRESIDENT,
The White House.
Smi: A Public Hearing on the Code of Fair Competition for the
American Match Industry submitted by the Match Institute, Gray-
bar Building, New York, N.Y., was conducted in Washington on the
23rd of October 1933, in accordance with the provisions of the
National Industrial Recovery Act. This Association claims to rep-
resent approximately one hundred percent (100%) of the Industry.
The maximum hours permitted under this Code are forty (40) per
week or sixteen (16) hours in any two-day period. Provision is
made for thirty-six (36) hours overtime in any three (3) months'
period. Time and one third to be paid for all hours worked in
excess of forty (40) per week. Chauffeurs, truckmen, etc., may work
forty-eight (48) hours per week, but this type of employee shall not
exceed ten percent (10%) of the total number of employees. Watch-
men may work fifty-six (56) hours per week. Office employees,
receiving less than $35.00 per week, may work forty-four (44) hours
per week.
The minimum wage for male employees is fifteen dollars and
twenty cents ($15.20) per week, or thirty-eight cents (380) per hour;
females, twelve dollars ($12.00) per week, or thirty cents (300) per
hour. Where females perform substantially the same work as males
they are to receive the same pay. Learners, who shall be paid not
less than eighty percent (80%) of the minimum wage for a six
weeks' learning period, are provided for, but they shall not exceed
eight percent (8%) of the total number of employees.
The American Match Industry, unlike most industries, neither
overlaps nor is overlapped by any other industry. Competition from
abroad has always been severe and at present the American Match
Industry is being subjected to rivalry never experienced before. For
instance, nine different countries have been dumping matches into
the American market, and, of these, Japan represents a typical
example. Matches from that country are produced for 11 a gross
and are delivered to the American markets for 440, whereas it costs
the domestic manufacturer 66* a gross. Mechanical lighters and
pilot lights also represent factors in competition with this Industry
In 1929 the American Match Industry produced approximately
$20,351,025 worth of matches. During 1931 this had been reduced
approximately 15%. Of the 21 concerns operating in 1929 there
were nineteen (19) operating in 1931. Figures are only available
up to the end of 1931.
Wage-earner employment declined 15.2 percent from 1929 to 1931.
To bring the number of wage earners back to the 1929 level it would
be necessary for the Industry to adopt a 43-hour week. However,
on the basis of a 40-hour week, more wage earners will be placed on
the pay roll of this Industry than were employed in 1929. This will
(622)






623


mean the reemployment of approximately 674 wage earners. It is
estimated that this will mean an increase of 26.9 percent over the
1931 pay-roll total.
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 Match Institute, the applicant group herein, imposes no
inequitable restrictions on admission to membership and is truly
representative of the American Match Industry.
(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.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable
solution for this Industry and its approval as herewith submitted
is recommended.
Respectfully,
HUGH S. JOHNSON,
A dmin istrator.













CODE OF FAIR COMPETITION
FOR THE
AMERICAN MATCH INDUSTRY


ARTICLE I-PURPOSEB

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Match Industry, and shall be the standard
of fair competition for this Industry and binding upon every member
thereof.
ARTICLE II-DEFINITIONS

1. The term Match Industry as used in this Code, means the
manufacture for sale of matches, including the Strike-Anywhere",
" Strike-on-Box ", and Book Match varieties.
2. The term Match Institute as used herein means the Trade
Association of the American Match Manufacturing Industry, whose
address is 420 Lexington Avenue, New York City.
3. The term employee as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
4. The term employer as used herein includes anyone by whom
any such employee is compensated or employed.
5. The term broker"' as used herein means an agent of a manu-
facturer. who obtains no title to the goods but sells the same, for
the manufacturer on commission.
6. The terms "Act." and "Administrator as used herein shall
mean respectively Title I of the National Industrial Recovery Act
and the Administrator for Industrial Recovery.

ARTICLE III-HorRs

1. No employee shall be permitted to work in excess of forty (40)
hours in any one week nor in excess of sixteen (16) hours in any two
consecutive days, except as follows:
(a) Employees may be permitted to work thirty-six (36) hours
overtime every three (3) months, during emergency periods of peak
production, provided that no employee shall be permitted to work
for more than forty-eight (48) hours in any one week nor more than
eight (8) hours in any one day, and provided further that time and
one third shall be paid for all hours worked in excess of forty (40)
(624)






625


hours in any one week. Machine repair and maintenance men are
specifically excepted from the provisions of this section and such
employees may work forty-eight (48) hours in any one week, pro-
vided that time and one third shall be paid to such employees for
all hours worked in excess of forty-four (44) hours in any one week.
(b) Chauffeurs, truckmen, shipping crews, engineers, firemen,
electricians, and cleaners shall be permitted to work not more than
one hundred sixty-eight (168) hours in any period of four (4) con-
secutive weeks, nor more than ten (10) hours in any one day and
forty-eight (48) hours in any one week provided that all of such
employees shall not exceed ten percent (10%) of the total number
of employees in any one plant.
(c) Watchmen shall be permitted to work not more than eight (8)
hours in any one day and fifty-six (56) hours in any one week.
(d) The maximum hours herein established shall not apply to
office employees, executives, and employees engaged in a managerial
capacity, who now receive more than thirty-five dollars ($35.00)
per week, or to outside salesmen.
(e) Office employees receiving less than thirty-five dollars ($35.00)
per week shall be permitted to work forty-four (44) hours per
week. provided that the average number of hours per week for such
employees shall not exceed forty (40) when averaged over a three-
months' period.
(f) It is hereby specifically provided that no limitation on hours
of work as set forth in this section shall apply to employees, of any
class, when engaged in emergency work involving break-downs or
protection of life and property.
(g) No employee shall be permitted to work for a total number of
hours in excess of the number of hours herein prescribed whether
he be employed by one or more employers.
ARTICLE IV-WAGES

1. No male employee shall be paid less than at the rate of fifteen
dollars and twenty cents ($15.20) per week of forty (40) hours or
thirty-eight cents (384) per hour; no female employee shall be paid
less than at the rate of twelve dollars ($12.00) per week or thirty
cents (300) per hour.
(a) Females performing substantially the same work as males
shall receive the same pay.
2. Learners, who are persons having had no previous experience
or employment in this industry, shall be paid not less than eighty
percent (80%) of the minimum wage herein provided for a forty
(40) hour week; provided, however, that such learners shall be
limited to a six weeks learning period, and provided further that
the number of learners employed by any one employer in any one
month shall not exceed eight percent (8%) of the total number of
employees of such employer.
3. This Article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on time-rate, piecework performance, or other basis.
4. The hourly rate, the base piecework rate, and salaries for all
duties and occupations now paid at more than the minimum herein







626


prescribed shall be equitably adjusted by all members of the industry
who have not already done so, and in no case shall these rates be
decreased. Reports concerning the action taken, whether prior to
or after the date of approval of this Code, shall be reported to the
Code Authority not later than thirty days after the effective date,
and to the Administrator upon his request.
ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed
in the industry, nor anyone under eighteen (18) years of age at oper-
ations or occupations hazardous in nature or detrimental to health.
The Code Authority shall submit to the Administrator a list of such
occupations. In any State an employer shall be deemed to have
complied with this provision if he shall have on file a certificate or
permit duly issued by the authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the 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.
3. 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, and
4. Employers shall comply with the maximum hours of labor
minimum rates of pay and other conditions of employment, approved
or prescribed by the President.
5. No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions then are imposed by this
Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act.
7. Each employer shall post and keep posted full copies of this
Code in conspicuous places accessible to employees.
ARTICLE VI-ADMINISTRATION

1. A Code Authority is hereby established to cooperate with the
Administrator in the administration of this code and shall consist
of three (3) members to be chosen by the industry through a fair
method of selection, approved by the Administrator. The Adminis-
trator in his discretion may appoint not more than three (3) addi-
tional members without vote (and without compensation from the
industry) to serve for such period of time and to represent the
Administrator or such group or groups as he may designate.






627

S(a) Vacancies in the personnel of the Code Authority selected by
Sthe industry shall be filled, pending a selection as provided for the
::. pointment of the original members, though appointment by the
Administrator upon nomination of the Code Authority.
(b) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
impose no inequitable restrictions on membership, and shall submit
to the Administrator true copies of its articles of association, bylaws,
regulations, and any amendments when made thereto, together with
sueh other information as to membership, organization, and activi-
ties as the Administrator may deem necessary to effectuate the
purposes of the Act.
(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 if he shall find that the Code Authority
is not truly representative or does not in other respects comply with
the provisions of the Act, he may take such action as he may deem
necessary under the circumstances.
(d) Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act and subject to the review and
disapproval of the Administrator:
(a) From time to time to require such reports from the members
of the industry as may be necessary to adequately provide for the
administration and to enforce the provisions of this Code.
(b) To make such inquiry or investigation of this Code, upon com-
plaint of interested parties or upon its own initiative, as may be
necessary.
(c) To make rules or regulations necessary for the administration
of this Code and to propose and submit to the Administrator, for the
approval of the President, amendments and/or modifications of this
Code.
(d) To administer the provisions of this Code and provide for
the compliance of the industry with the provisions hereof and of the
Act.
(e) To adopt rules and regulations for its procedure and for the
administration and enforcement of the Code.
(f) To obtain from members of the industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and re-
ports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such administrative and/or gov-
' ernment agencies as the Administrator may designate; provided that






628


nothing in this Code shall relieve any members of the industry of
any existing obligations to furnish reports to any government agency.
No individual reports shall be disclosed to any other member of the
industry or any other party except to such governmental agencies
as may be directed by the Administrator.
(g) To 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 and agencies shall at all times be subject to and comply
with the provisions hereof.
(h) To make recommendations to the Administrator for the coor-
dination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(i) To secure from members of the industry, who assent to this
Code and participate in the activities of the Code Authority, such
proportionate payment of the reasonable expenses of maintaining the
Code Authority, as may be determined by the Code Authority and
approved by the Administrator.
(j) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industry who
have assented to, and are complying with, this Code.
(k) To recommend to the Administrator further fair-trade-prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
3. Each member of the Industry shall install an accounting and
cost system, applicable throughout the industry, adopted by the Code
Authority and approved by the Administrator, within a reasonable
time and as soon as practicable after the approval by the President.
(a) Each member of the Industry shall furnish to the Code Au-
thority from time to time such information as may be deemed neces-
sary for the putting into effect and the effectual working of such
accounting system on forms prescribed by the Code Authority.
ARTICLE VII-PRICE LISTS AND DISCOUNT SHEETS

1. Each member of the industry shall file with the Code Authority
his net current price lists or price lists without discount sheets, as the
case may be, which shall become effective immediately upon being
filed with the Code Authority; revised price lists and discount sheets
may be filed with the Code Authority from time to time and shall
become effective immediately upon being filed with the Code
Authority.
ARTICLE VIII-TRADE PRACTICES
1. The following constitute unfair methods of competition for
members of the industry and are prohibited:
(a) No member of the industry shall sell his products below the
price as set forth in his net current price list on file with the Code
Authority and in no case at a price less than his own individual
cost, except to meet bona fide competition.






629

: (b) No member of the Industry shall give, permit to be given,
or directly offer to give, anything of value for the purpose of in-
fluencing or rewarding the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
: such employee, the principal of such agent, or the represented party,
without the knowledge of such employer, principal, or party. Com-
mercial bribery provisions shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
S except so far as such articles are actually used for commercial
bribery as hereinabove defined.
S(c) No member of the Industry shall falsely brand or mark or
S represent products of the Industry in any manner which has the
tendency to mislead or deceive customers or prospective customers,
S whether as to the grade, quality, quantity, substance, nature, origin,
size, finish, or preparation of any product of the industry or other-
wise.
(d) No member of the Industry shall cause the defamation of
competitors by falsely imputing to them dishonorable conduct, in-
ability to perform contracts, questionable credit standing, or by
other false representations or by the false disparagement of the
grade or quality of their goods.
(e) No member of the Industry shall guarantee prices and floor
stocks against decline in prices.
(f) No member of the Industry shall pay or allow a commission
or discount except cash discount, on a Federal or State tax.
(g) No member of the Industry shall store goods with customers.
(h) No member of the Industry shall allow a credit or discount
to customers on account of advertising.
(i) No member of the Industry shall allow a credit or discount to
customers on account of trucking.
(j) No member of the Industry shall make sales through brokers
except under uniform written contract approved by the Code Au-
thority and the Administrator.
(k) No member of the Industry shall permit brokers or salesmen
on commission to split or divide commissions.
(1) No member of the Industry shall sell to brokers.
(m) No member of the Industry shall make sales to distributors
not under uniform written contracts embodying the applicable fair
trade practice provisions of this Code adopted by the Code Author-
ity and approved by the Administrator.
| : (n) No member of the Industry shall give or allow discounts in
addition to those specified in the price lists and/or price list and
S discount sheets, as the case may be, on file with the Code Authority.
(o) No member of the Industry shall extend terms of payment
beyond thirty (30) days from date of shipment.
(p) No member of the Industry shall accept orders for staple
products for shipment more than thirty (30) days beyond date of
the order.
: (q) No member of the Industry shall permit sale of pool cars at
other than LC.L. prices, unless the total expense of distribution,
including freight from the breaking point, is actually less by reason
of the pooled car shipment..


,' .. .. .. .
: j -. ". .






630

(r) No member of the Industry shall induce or attempt to induce
the breach of an existing oral or written contract between a com-
petitor and his customer or source of supply, or interfere with or
obstruct the performance of any such contractual duties or services.
(s) No member of the Industry shall make contracts which do
not specify definite prices, terms, quantities, and delivery dates.
(t) No member of the Industry shall consign stocks to the job-
bing trade in any manner or for any purpose.
(u) No member of the Industry shall postdate, antedate or other-
wise falsify invoices.
(v) No member of the Industry shall secure confidential informa-
tion concerning the business of a competitor by a false or misleading
statement or representation, by a false impersonation of one in
authority, by bribery, or by any other unfair method.
(w) No member of the Industry shall issue an invoice to any
purchaser which does not show the precise quantity delivered and
the net cost to the purchaser of such quantity.
(x) Nothing in this Code shall limit the effect of any adjudica-
tion by the Courts or holding by the Federal Trade Commission on
complaint, finding, and order that any practice or method is unfair,
providing that such adjudication or holding is not inconsistent with
any provision of the Act or of this Code.
ARTICLE IX-MODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of Title I of the National In-
dustrial 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, but without limitation, 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.
2. This Code, except as to provisions required by the Act, may be
modified or amended on the basis of experience or changes in cir-
cumstances, such modification or amendment to be based upon appli-
cation to the Administrator, and such notice and hearing as he shall
specify, and to become effective on approval of the President, unless
otherwise provided.
ARTICLE X-MONOPOLIES. ETC.

1. No provision of this Code plhall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
ARTICLE XI-PRICE INCREASES

1. Whereas the policy of the Act to increase real purchasing
power will be made impossible of consummation if prices of goods
and services increase as rapidly as waues, it is recognized that price







631

leases should be delayed and that, when made, the same should,
V:go far as reasonably possible, be limited to actual increases in the
seller's costs.
ARTICLE XII-EFFECTIVE DATE

1. This Code shall become effective on the second Monday after
its approval by the President.
Approved Code No. 195.
Registry No. 314-01.

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