Code of fair competition for the bottling machinery and equipment manufacturing industry as approved on April 4, 1934

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Material Information

Title:
Code of fair competition for the bottling machinery and equipment manufacturing industry as approved on April 4, 1934
Portion of title:
Bottling machinery and equipment manufacturing industry
Physical Description:
p. 71-80 : ; 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:
Bottling machinery -- 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. 1399-22."
General Note:
"Approved Code No. 379."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931498
oclc - 646189943
System ID:
AA00008290:00001

Full Text

AS APPROVED ON APRIL 4. 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


UNIV. OF FL L..(A.
._. .._ -. .



U.S. DE.PCPTOPv


Approved Code No. 379


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

BOTTLING MACHINERY AND

EQUIPMENT

MANUFACTURING INDUSTRY


Registry No. 1399-22























This publication is for sale by the Superintendent of Documents, Government
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Approved Code No. 379


CODE OF FAIR COMPETITION
FOR THE

BOTTLING MACHINERY AND EQUIPMENT
MANUFACTURING INDUSTRY

As Approved on April 4, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE BOTTLING MACHIINERY
AND EQUIPMENT 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 approval of a Code of
Fair Competition for the Bottling Machinery and Equipment Manu-
facturing Industry, and hearings having been duly held thereon and
the annexed report on said Code containing findings with respect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated Decemnber 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HuGH S. JOHNSON,
Administrator for Indu.s!trlt Reco very.
Approval recommended:
A. R. GLANCE,
Division Admi inistrator.
WASHINGTON, D.C.,
April 4, 1934.


(71)


51236----482-26----34













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Bottling Machinery and Equipment Manufacturing Industry, as
revised after a Public Hearing held in Washington on the 20th day
of December, 1933, in accordance with the provisions of the National
Industrial Recovery Act.
PROVISIONS AS TO HOURS AND WAGES
Employment is limited to 8 hours per day and 40 hours per week
and 6 days in any 7 day period with the exception of those employees
engaged in emergency maintenance or emergency repair work. To
provide for seasonal demands overtime is allowed to the extent of
8 hours per week for 6 weeks in any 6 months' period.
Overtime in excess of 8 hours in any 24-hour period or in excess
of 40 hours in any 7 day period will be paid for at one and one-half
times the normal rate.
Minimum wages of 40 cents an hour for males and females are
estalbli,-hld except office and clerical employees who may be paid at
a rate $15.00 per week, and office boys and girls at a rate of $12.00
per week. Female employees performing substantially the same
work as male employees will receive the same rate of pay.
ECONOMIC EFFECT OF THE CODE
Before the adoption of the reduced hourly schedule in 1933, this
Industry averaged 54 hours per week. Its thirty companies em-
ployed about 1800 persons. Adoption of the 40 hour week would
increase employment to 2430 persons or an increase of 34%.
The invested capital of the Industry is about $15,000,000. Sales
in 1932 totaled about $3,300,000 but sales for 1934 are estimated at
$7,000,000 or an increase of 51%.
FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
po.(Is of Title I of the National Industrial Recovery Act, including
removal of lobstructions to the free flow of interstate and foreign
co((,nllerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
tdustry for the purpose of cooperative action among the trade groups,
(72)








by inducing and maintaining united action of labor and management
under adequate governmental sanctions, and :.upervi.ion, by elimi-
nating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive :apnaity of indutries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purclihasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved 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 Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial association truly representative of the aforesaid In-
dustry; and that said association imposes no inequitable restrictions
on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to di scriminate 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
Code.
For these reasons, this Code has been approved by me.
Respectfully,
HUGI-I S. Jon NsoN,
Adm in ;.ixrator.
APRIL 4, 1934.













CODE OF FAIR COMPETITION FOR THE BOTTLING
MACHINERY AND EQUIPMENT MANUFACTURING
INDUSTRY
ARTICLaE I-PuRPOSE
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 Bottling Machinery and Equipment
Manufacturing Industry and shall be the standards of Fair Com-
petition for the Industry and shall be binding on every member
thereof.
ARTICLE II-DEFINITIONS
SECTION 1. The term "The Industry" means and includes the
business of manufacturing and selling by the manufacturer of
bottling machinery and equipment, embracing principally bottle
washers, bottle fillers, bottle syrupers, bottle crowners, beverage bot-
tle labellers. beverage carbonators, beverage pasteurizers, beverage
syrup mixers, and kindred equipment used in the making, bottling,
crowning, labelling and preparation for sale of all types of drinks
sold in bottles for beverage purposes, not including wrapping or
packing for delivery and excepting dairy products. The foregoing
definition is intended to cover the manufacture and sale of machinery
and machine parts specifically designed for use in the Beverage
Industry.
SECTION 2. The term member of the Industry" means any per-
son engaged in the Industry as herein defined either as an employer
or on his own behalf.
SECTION 3. The term The Association means the National Asso-
ciation of Bottling Machinery Manufacturers, now located at 218
Munsey Building, Washington, D.C.
SECTION 4. The terms President ", "Act ", and "Administrator"
as used herein shall mean, respectively, the President of the United
States, Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery under said Act.
SECTION 5. The term "employee as used herein includes anyone
enged in the industry istrin any capacity receiving compensation for
his services, irrespective of the nature or method of payment of
s (h compensate ion.
SECTION 6. The term "employer" as used herein includes anyone
by whom any such employee is compensated or employed.
SECTION 7. The term "Code Authority" means the Administra-
tive body provided for in Article IV of this Code.
SECTION 8. The term beverage as used herein shall mean and
include all products prepared for consumption as a beverage (except-
ing dairy products) and specifically the following:
(74)






75

Beer; alcoholic beverages; wine; soft drinks (carbonated bever-
ages) and waters; all the aforegoing whether naturally or artificially
carbonated or non-carbonated.
ARTICLE III-LABOR PnovI.sIONS
SECTION 1. 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 of
labor, or their agents, in the designation of such representatives or
in self-orianization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
No employee and no one seeking employment shall be required as
a condition of employment, to join any company union or to refrain
from joining, organizing, or assisting a labor organization of his own
choosing.
Employers shall comply with the maximmn hours of labor, mini-
mum rates of pay, and other conditions of employment approved or
prescribed by the Pre-ident.
SECTION 2. No person under 16 years of age shall be employed in
the industry, nor anyone under 18 years of age at operations or
occupations hazardous in nature or detrimental to health. The Code
Authority shall submit to the Administrator for approval before
June 1, 1934 a list of such operations or 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 certi-
ficates or permits, showing that the employee is of the required age.
SECTION 3. Hours.-(a) No employee shall be permitted to work
in excess of forty (40) hours in any one (1) week or more than
eight (8) hours in any twenty-four (24) hour period or more than
six (6) days in any seven (7) day period, except a. herein otherwise
provided.
(b) During any seasonal or peak period when there is an unusual
demand on the Industry the aforegoing limitations shall not apply
and any employee may work a maximum of forty-eight (48) hours
for six (6) weeks in any six (6) months' period; provided, however,
that one and one half (11/) times the regular hourly rate shall be
paid for all time worked in excess of forty (40) hours per week or
eight (8) hours per day.
(c) On emergency maintenance or emergency repair work involv-
ing breakdowns or protection of life or property, the hours specified
above may be exceeded, but in any such case all hours worked in
excess of forty (40) hours per week and eight (8) hours in any one
(1) day shall be compensated for at not less than one and one half
(1') times the regular hourly rate.
(d) In order to get up steam before work starts in the morning
and to bank fires after shutting down at night, power plant engi-
neers and firemen shall be permitted in normal periods a tolerance of
ten (10) percent above the maximum hours allowed during such
periods, and in peak periods ten (10) percent above the maximum








hours allowed during such periods; provided, however, that one and
one half (11/2) times the regular hourly rate shall be paid for all
hours and fractions thereof worked in excess of eight (8) hours per
day or forty (40) hours per week.
(e) Truckmen and/or deliverymen shall be limited to forty-eight
(48) hours in any one (1) week, provided that time and one half be
paid for all hours worked over forty (40) hours per week and eight
(8) hours per day.
The above regulation of hours and payment of overtime rates shall
not apply to the following:
(f) The maximum number of working hours for office or clerical
employees in this Industry shall not be in excess of forty (40) hours
per week, except that in case of emergency office employees on ac-
counting or similar tasks may be permitted to work not more than
eight (8) hours overtime in any one (1) month. A normal day shall
not exceed eight (8) hours.
(g) Watchmen shall be permitted to work a maximum week of
fifty-six (56) hours provided that one (1) day's rest shall be granted
in each seven (7) days;
(h) Any person engaged in a managerial or executive capacity,
technical employees acting in a supervisory capacity (not including
working foremen), or sales service men who receive not less than
thirty-five ($35.00) dollars per week, and traveling salesmen; pro-
vided further that the limitation of hours shall apply to employees
otherwise engaged in an executive or supervisory capacity when such
employees are engaged in production or mechanical work.
(i) The Industry recognizes the desirability, and accepts the prin-
ciple of the five (5) day week insofar as these principles relate to
working schedules for employees. To the extent that it reasonably
can, the Industry will endeavor to employ its labor on that basis.
(j) No employer shall knowingly permit any employee to work
for any time which when totaled with that already performed for
another employer or employers exceeds the maximum permitted
herein.
SECTION 4. Wages.-No employer shall pay any clerical, office,
service, sales employee (except. out-side salesmen), or any other em-
ployee not specifically covered in this or any other paragraph less
than at the rate of fifteen ($15.00) dollars per week in any city of
over 250,000 population, or in the immediate trade area of such
city; nor less than at the rate of fourteen ($14.00) dollars per week
in any city or town of 250,000 or less population; provided, that
office boys and/or office girls shall be paid not less than eighty (80)
percent of the rates fixed by this section; and provided further that
such office boys and/or office girls in each plant shall not exceed five
(5) percent of the class of employees covered by this section; and
provided further, that each member of the Industry shall be entitled
to at least one (1) such office boy and/or office girl.
SEC TI1N 5. No employer shall pay any factory employee less than
forty (40) cents per hour; provided that nothing in Section 3 of
this Article shall apply to or affect any bona fide apprentice duly
indentured under a system or course of training which when com-
pleted will make the apprentice a skilled mechanic. A copy of each








such indenture shall be filed with the Code Authority. At no time
shall new apprentices be admitted to apprenticeship in the employ
of any one employer when such action will bring the total nunmler
of apprentices in the employ of such employer to more than five (5)
percent of the total number of employees covered by this .-eltion;
provided, however, that each emplloyer shall be entitled to at least
one apprentice.
It is agreed that this paragraph established: a guaranteed minimum
rate of pay regardless of whether the employee is compelnsated on
the basis of a time rate, piecework, or other basis.
Female employees doing substantially the same work as that per-
formed by male employees shall receive a rate of compeni-ation equal
to that of such male employees.
SECTION 6. The wage rates above the minimum fixed by this article
shall be equitably adjusted, if this has not been done since May 1,
1933, and in no case shall they be decreased as the result of such
adjustments. Each member of the Industry shall report all such
adjustments to the Code Authority within thirty (30) days after the
effective date.
SECTION 7. No employer shall re-classify employees or duties of
occupations performed or engage in any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of this
Code.
SEcTIo 8. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during the
hours of their employment. Standards for safety and health shall
be submitted by the Code Authority to the Administrator for ap-
proval within six (6) months after the effective date of this Code.
SECTION 9. Within each State this Code shall not supersede any
laws of such State imposing more stringent requirements regulating
the age of employees, wages, hours of work, or health, welfare or
general working conditions, than are imposed by this Code.
SECTION 10. Each employer shall keep posted in conspicuous places,
easily accessible to employees, full copies of this Code, and any
amendments and modifications which may later be approved.
ARTICLE IV--ADM IN ISTRA.TION
SECTION 1. To effectuate the policies of the Act and to provide
for administration of this Code within the Industry, a Code Author-
ity of five (5) members shall be established by the Industry. Fur-
thermore, upon request of the Administrator, non-voting representa-
tives not to exceed three (3) in number, to be appointed by him,
shall be added to such Code Authority. All employers engaged in
the Industry as herein defined shall be entitled to participate in the
election of such members of the Code Authority; such election may
be by proxy, letter-ballot or in person. Such election shall be deter-
mined by a majority vote of the members of the Industry, present
at the election or represented by proxy or letter-ballot, each member
being entitled to one (1) vote. The individuals so elected shall serve
for terms of one (1) year respectively, at the end of which successors
shall be elected as above provided. Any individual elected to the








Code Authority shall be eligible for re-election. Vacancies may be
filled by the Code Authority.
Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall:
(1) Impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
In order that the Code Authority shall at all times be truly repre-
sentative of the Industry and in other respects comply with the pro-
visions 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
comply with the provisions of the Act, may require an appropriate
modification in the method of selection of the Code Authority.
SECTION 2. The Code Authority shall have the following duties
and powers to the extent permitted by the Act:
(a) The Code Authority shall be charged with the supervision and
administration of this Code and may adopt by-laws, rules and
regulations for its procedure and for the administration of this
Code.
(b) In order that the President may be informed of the extent of
observance of the provisions of this Code and of the extent to which
the declared policy of the National Industrial Recovery Act is being
effectuated in the Industry as herein defined, the Code Authority
shall make such reports as the Administrator may require, and each
member of the Industry shall make such sworn or unsworn reports
to the Code Authority periodically, or as often as it may direct, on
wages, hours of labor, conditions of employment, number of em-
ployees, production, shipments, sales, stocks, prices, and other mat-
ters pertinent to the purposes of this Code as the Code Authority
may require, subject to the approval of the Administrator.
(c) 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. The
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 to be taken into consideration.
(d) In addition to information required to be submitted to the
Code Authority, there shall be furnished to Government Agencies
such statistical information as the Adminstrator may deem neces-
sary for the purposes recited in Section 3 (a) of the National
Industrial Recovery Act.
(e) The Code Authority shall appoint a secretary and any and
all information requested by the Code Authority shall be filed
with the secretary and deemed confidential and shall not be divulged








to any member except in summary, but shall be available to the
Administrator upon request.
(f) The Code Authority may designate the National Association
of Bottling Machinery Manufacturers or any other appropriate
agency to assist it in carrying out the powers and duties conferred
upon it by this Code; provided, that the Code Authority shall not
be relieved of responsibility and that when such Association acts in
such capacity it shall comply with all the provisions of this Code
applicable to the Code Authority.
(g) The Code Authority may from time to time appoint such sub-
committees or designate such agencies, and may delegate to any of
them such of its powers and duties, as it shall deem necessary or
proper in order to effectuate the provisions and purposes of this
Code.
(h) The Code Authority shall study the effect of the various pro-
visions of this Code on the Industry and consider proposals for
amendments or modifications and make recommendations from time
to time thereon to the Administrator, which amendments or modi-
fications will become effective as part of the Code, upon approval by
the Administrator after such notice and hearing as he may specify.
SECTION 3. Any interested party shall have the right of complaint
to the Code Authority and of a prompt hearing and decision thereon
in respect to any decision, rule, regulation, or other course of action
of such Code Authority. Such complaint must be filed in writing
with the Code Authority within a reasonable period of time after said
decision, rule, regulation, or course of action is issued or taken. The
decision of such Code Authority may be appealed by any interested
party to the Administrator.
SECTION 4. If the Administrator 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 Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty days' notice to him of intention to
proceed with such action in its original or modified form.
ARTICLE V-TRADE PRACTICES
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited:
SECTION 1. The secret payment or allowance of rebates, refunds
commissions, credits, or unearned discounts, whether in the form of
money or otherwise, or the secret extension to certain purchasers of
special services or privileges not extended to all purchasers on like
terms and conditions.
SECTION 2. No member of the Industry shall induce or attempt to
induce the breach of an existing contract between a competitor and
his customer or source of supply; nor shall any such member inter-
fere with or obstruct the performance of such contractual duties.








ARTICLE VI-GENERAL
SECTION 1. No provisions of this Code shall be construed, inter-
preted, or applied in such a manner as to-
(a) Promote monopolies or monopolistic practices.
b) Promote or encourage unfair competition.
c) Eliminate or oppress small enterprises.
(d) Discriminate against small enterprises.
SECTION 2. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 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, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any con-
ditions imposed by him upon his approval thereof.
SECTION 3. This Code, except as to provisions required by the
Act, may be modified on the basis of experience or changes in cir-
cumstances, such modifications to be based upon application to the
Administrator and such notice and hearing as he shall specify,
and to become effective on approval of the President.

ARTICLE VII-VIOLATIONS
Violation by any member of the Industry of any provision of this
Code or any rule or regulation issued thereunder, or any delib-
erately false statement or report made to the Administrator or the
Code Authority, after decision thereon by the Administrator pur-
suant to Article IV of this Code, shall constitute an unfair method
of competition and the offender shall be subject to the penalties
provided by the Act.

ARTICLE VIII-EFFECTIE DATE
The Code shall become effective eleven (11) days after it is
approved by the President.
Approved Code No. 379.
Registry No. 1399-22.







UNIVERSITY OF FLORIDA
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