Code of fair competition for the industrial safety equipment industry and industrial safety equipment trade as approved ...

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Material Information

Title:
Code of fair competition for the industrial safety equipment industry and industrial safety equipment trade as approved on March 1, 1934
Portion of title:
Industrial safety equipment industry and industrial safety equipment trade
Physical Description:
p. 421-438 : ; 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:
Industrial safety equipment 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. 1399-24."
General Note:
"Approved Code No. 315."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931454
oclc - 646173299
System ID:
AA00008303:00001

Full Text


Approved Code No. 315


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

INDUSTRIAL SAFETY EQUIPMENT

INDUSTRY
AND

INDUSTRIAL SAFETY EQUIPMENT

TRADE

AS APPROVED ON MARCH 1, 1934






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L I
NUITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Registry No. 1399-24























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angel(-s, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Menmplis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 731 Customhouse.
NLorfolk, Va.: 406 East Plume Street.
Pliiladelphia. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.










Approved Code No. 315


CODE OF FAIR COMPETITION
FOR THE

INDUSTRIAL SAFETY EQUIPMENT INDUSTRY
AND INDUSTRIAL SAFETY EQUIPMENT TRADE

As Approved on March 1, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR TIIE INDU-'TRIAI, SAFETY
EQUIPMENT INDUSTRY AND INDI:STHIAL SAFETY EQUIPMENT TRADE
An application having been duly maide. pursuant to and in full
compliance with the provisions of Title I of the National Indutitrial
Recovery Act, approved June 16. 1933, for approval of a Code of
Fair Competition for the Indiiutrial Safety Equipment Industry and
Industrial Safety Equipment Trade. 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 December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
the provisions of Article VII, (Section 7 (g)), insofar as they pre-
scribe a waiting period between the filing with the Code Authority
and the effective date of price lists, as originally filed, and/or revised
price lists or revised terms and conditions of sale, be and they are
hereby stayed pending my further Order either within a period of
sixty days from the effective date of this Code or after the completion
of a study of open price associations now being conducted by the
National Recovery Administration.
HUGH S. JOHNSON,
Admin ;l irator for Industrial Reco very.
Approval recommended:
W. A. HARRIMAN,
Divis ion A administrator.
WASHINGTON, D.C.,
March 1 11934.


43467 --42&-4--34


(421)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Industrial Safety Equipment Industry and the Industrial Safety
Equipment Trade as revised after the Public Hearing conducted
thereon in Washington, D. C., on January 2, 1934, in accordance
with the provisions of the National Industrial Recovery Act.

PROVISIONS AS TO HOURS AND WAGES

The Code provides for a normal working day which shall not
exceed eight (8) hours and a normal working week which shall not
exceed forty (40) hours, except as provided in the following sec-
tions of Article IV:
1. Section 2, which specifies that persons employed in accounting,
clerical, office service, or office sales work shall not be permitted to
work more than forty (40) hours per week on a monthly average,
nor more than forty-eight (48) hours in any one week.
2. Section 3 (a) which excludes those engaged in'executive, super-
visory, or managerial capacities (not including foremen primarily
engaged in productive work) and technical engineers, provided all
of the above receive not less than thirty-five dollars ($35) per week;
which Section 3 (a) also excludes outside salesmen, watchmen (pro-
vided that watchmen shall not be permitted to work more than
fifty-six (56) hours in any one week), and firemen (provided that
firemen shall not be permitted to work more than forty-four (44)
hours in any one week).
3. Section 3 (b), which provides that outside service employees
may be worked a maximum of forty-eight (48) hours in any one
week.
4. Section 3 (c), which exempts those employed in emergency
when restriction of hours might handicap or impede rescue or recov-
ery work, for orders placed on account of disaster.
5. Section 3 (d), which exempts employees engaged in emergency
maintenance or emergency repair work involving breakdowns and
protection of life and property.
6. Section 3 (e), which allows for conditions of peak demand when
they create unusual or temporary handicap on production or instal-
lation, provided that no employee may work more than forty-eight
(48) hours per week for six (6) weeks in any six months' period;
and provided that one and one-half (11/2) times the normal rate
is paid for hoiiurs in excess of eight (8) per day or forty (40) per
wonk.
All cases of employment in excess of forty (40) hours in subsec-
tions (c) and (d) above shall be reported, to the Code Authority
with the ra.:l-,ns therefore.
(422)






423


The minimum wage for male employees engaged in labor opera-
tions shall be thirty-seven cents (370) per hour and for female em-
ployees, thirty-two cents (320) per hour. Learnier- may be paid
not less than eighty per cent (80%) of this minimum rate, but the
number of learners for a three (3) months' period shall not exceed
five per cent (5%) of the total number of employees in each
respective plant or establishment.
Clerical and office employees may be paid a niiinimun wage of
fifteen dollars ($15) per week, provided that office boys and girls
and learners shall be paid not less than eighty per cent (80%) of
said minimum; provided further, that their number shall not exceed
five per cent (5%) of the total number of office and clerical
employees.
The Code establishes a minimum wage for labor regardless of
whether the employee is compensated on a time rate, piece work, or
other basis. Also it provides for equitable adjustment of all wages
above the minimum; and it prohibits discharge of any employee
now employed at a rate in excess of the minimum and his reemploy-
ment at a lower rate to evade the provisions of this Code.
The standard clauses regarding handicapped persons and female
employees performing the same work as men are incorporated in this
Code.
No person under sixteen (16) years of age shall be employed nor
shall anyone under eighteen (18) years of age be permitted to work
at hazardous occupations.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator.

GENERAL STATEMENT

This Code, which includes both the Industry and the Trade,
constitutes a vertical code. The Industry manufactures and sells
to itself, the Trade, and the latter sells to the consumer. The princi-
pal products of the Industry and asbestos, steel reinforced, and fire-
proof duck protective clothing and gloves, gas masks, respirators
safety hats and helmets, miners' lamps, and industrial first-aid kits.
There are no competitive products manufactured outside of the
Industry nor are there any competitive imports. About two per
cent (2%) of the total production is exported to England and South
America. The Industry is a consumer of sheet metal, asbestos, glass,
leather, cotton, and rubber.
Figures -how that a comparatively steady demand has existed for
the products of the Industry through the depression; and with the
ever increasing standards for protection and safety to workers, there
is definite indication of a satisfactory future.
Thirty-five (35) manufacturing concerns constitute the Industry
whereas the Trade consists of thirty-three (33) distributing agenriei,
fifteen (15) of which are also manufacturers. In 1929 thirty-five
(35) concerns in the Industry had a total capital investment of
$3,112.199; in 1933 this decreased five and two-tenths per cent (5.2 )
to $2,955,391. The Trade has submitted statistics showing that in
1929 thirty-two (32) concerns represented a total capital invest-
ment of $763,649, whereas in 1933, thirty-three (33) concerns re-







424

ported $845,522, an increase of ten and seven-tenths per cent (10.7%)
over 1929.
The Code Committee has reported the 1933 value of production
to be sixty-one and eight-tenths per cent (61.8%) of that of 1929 as
respects the Industry and seventy-eight and five-tenths per cent
(78.5%) as respects the Trade. Employment in the Industry for
1933 was sixty-six and seven-tentlhs (66.7%) of the 1929 number,
but showed an increase of twenty-one and six-tenths per cent (21.6%)
over 1932. Complete data for employees in the Trade have not been
made available. The following table will illustrate the aggregate
number of employees:

Industry Trade
Year
Number Per cent Number Per cent

1929 ..- ...--------- ..----.-----........ ---------- 1,224 100 249 100
1930 ..------------- --------------..------....... 947 78.4 245 98 3
1931 --------------------------------------- 831 68.2 243 97.6
1932 ......-------- ------- ------------------ 641 52.5 238 95.5
1933 ..------------------------------------ --------- 813 66.7 257 103


Since June, 1933, the Industry has been working a forty (40) hour
week inder the President's Reemployment Agreement. This effected
a reduction of eight and five-tenths hours (8f), or eighteen and
four-tenths per cent (18.4%), and increased the number of employees
twenty-two and five-tenths per cent (22.5%).
The following table which was deduced from statistics submitted
by thirteen (13) members of the Industry, will show average hours
and average rates per hour for male and female employees. It has
been stated that in some concerns, females constitute as much as
sixty-five per cent (65%) of the total number of employees.

Average Average
hours per rates pes
week hour

June 15, 1929:
Male .--......------... --------... ..----------. ---------------------- 43. 7 57.8
Female .-------...--.......------------------------------ ---- --- 42.5 35.2
June 15, 1933:
Male.........--------.. --------.. ----...--------........-- --------...- 49 39.8
Female-------....-....--......-----------..-------------------------.. 42.2 25.7
October 15, 1933:
Male....--------------........-- .-----.....-----------.--------------- 89.1 55.7
Female-----..... .------... --.. --.. -----...--........... --------------. 85. 38. 8

The minimum wage rates in the Code will increase the hourly rates
of approximately forty-seven per cent (47%) of all factory workers
over those paid in June, 1933. Average weekly earnings for male
employees will increase eleven and four-tenths per cent (11.4%) for
feuii;ihes, twerity-seven per cent. (27%).
The Assistant Deputy Admilnistrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proce.idiflgs in this matter;






425


I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of inter-tate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmncntal sanction-. and supervision by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restrictions of production (except as may be temporarily
required), by increasing the consumption of indiitrial and agricul-
tural products through increa-inrg purcha-ing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Trade and Industry normally employ not more than
50,000 employees; and are not classified by me as major.
(c) The Code as approved complies in all respects with the perti-
nent 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 and trade group truly representative of the aforesaid
Trade and Industry; and that said group 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 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
Code.
For these reasons, therefore, I have approved this Code.
Respect fully
HUGH S. JOHNSON,
A dmin isfrator.
MARCH 1, 1934.













CODE OF FAIR COMPETITION FOR THE INDUSTRIAL
SAFETY EQUIPMENT INDUSTRY AND INDUSTRIAL
SAFETY EQUIPMENT TRADE

ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Industrial Safety Equipment Industry
and the Industrial Safety Equipment Trade, and shall be the
standard of fair competition for such industry and such trade, and
shall be binding on every member thereof.

ARTICLE II-DEFINITIONS

The term Industrial Safety Equipment Industry as used herein
includes the manufacturing and/or assembling and marketing of:
(a) Any device or appliance worn or used by any person engaged
in industry, transportation, trade, commerce, or service, to protect
workers from injury, as set forth in Schedule A which is hereby
made a part of this definition.
(b) Any device or appliance used in industry, transportation,
trade, commerce, or service to detect toxic or inflammable gases,
vapors, or harmful dusts and protect persons against them, as set
forth in Schedule A.
(c) Any device or appliance used for the purpose of resuscitating
workers nvercline by or suffering from such toxic or inflammable
ganes and vapors, as set forth in Schedule A.
(d) Any industrial first aid equipmennt u.-'l in industry, trans-
portation, and service for dressing personal injuries, as set forth
in Schedule A.
(e) And such related branches and subdivisions thereof as may
from time to time be included under the provisions of this Code by
the Administrator after such notice and hearing as he may prescribe.
The term "Industrial Safety Equipment Trade" as iied herein
includes the importing and/or distributing and/or selling of:
(a) Any device or appliance, worn or used by any person engaged
in industry, transportation, trade, commerce, or service, to protect
workers from injury, as set forth in Schedule B, which is hereby
made a part of this definition.
(b) Any device or appliance used in industry, transportation,
trade, conu mliiee, or service to detect, toxic or inflnmmable ga.es,
vapors, or harmful duits and protect persons against them, as set
forth in Schedule B.
(c) Any device or appliance used for the purlpoe of re.sFunitating
workers o\i vrcml by or suffering from such toxic and inllanlmmable
ga-es and vapors as set forth in Schedule B.
(426)






427


(d) Any industrial first aid equipment used in industry, trans-
portation, and service for dressing personal injuries, as set forth in
Schedule B.
(e) And such related branches and subdivisions thereof as may
from time to time be included under the provisionii of this Code by
the Administrator after such notice and hearing as he may prescribe.
The term "member" of the industry and/or trale includes any
individual, partnership, as-tociation, corporation, receiver, trustee or
other person engaged in the industry and/or trade, either as an
(inployer or on his or its own behalf.
The term employer as used herein means any employer tiengaedl
in the industry and/or trade.
The term "employee as used herein includes any and all peIIrsons
engaged in the industry and/or trade, however co(,ipenl-ated, except
a member of the industry and/or trade.
The term learner means a person having no previous experience
in the manufacture of industrial safety equipment and parts thereof,
and whose employment, as such shall not exceed three months of
working time in the industry.
The term "maintenance employee shall mean any employee who,
through special training or mechanical ability, is essential to the
upkeep and/or preservation of the prermises and property of
the establishment, and shall not include such workers as porters,
elevator operators, janitors, and cleaners.
The term outside service employee" shall mean any employee
when actually engaged in installing or servicing industrial safety
equipment and parts thereof outside the establishment.
The term watchman shall mean any employee engaged in safe-
guarding the premises and property of the e ta-bli.h nenft.
The terms President ", "Act ", and "Administrator mea n respec-
tively; the President of the United States of America, Title I of
the National Industrial Recovery Act, and the Administrator of
-aid Act.
ARTICLE III

All of the following provisions apply equally to the Industrial
Safety Equlipment Industry and the Indutrial Safety Equi)pment
Trade, as defined above.
ARTICLE IV

SECTION 1. Maximum Hour..-No employee shall be permitted to
work in excess of forty (40) hours per week or eight (8) hours in
any twenty-four (24) hours' period except as herein otherwise
provided. A normal work day shall not exceed eight (8) hours.
SECTION 2. Hours for Clerical aml Office Employees.-No perl'on
employed in accounting, cleirical, office service, or office sales work
in the industry and/or trade shall be permitted to work more than
forty (40) hours a week on a monthly average, nor more than
forty-eight (48) hours in any one week.
SECTION 3. Exceptions asi to Hours.-(a) The provisions of this
Article shall not apply to employees engaged in executive, niana-
gerial or supervisory (not including foremen primarily engaged in
43467 -425-4---34-2






428


productive work) capacities, technical engineers, provided the above
nanied classes of employees receive not less than thirty-five ($35)
dollars per week; outside salesmen, watchmen (provided that watch-
men shall not be permitted to work more than fifty-six (56) hours
in any one week), firemen (provided that firemen shall not be 1per-
mitted to work more than forty-four (44) hours in any one week).
(b) The provisions of this Article shall not apply to outside serv-
ice employees, provided that they shall not be permitted to work
more than forty-eight. (48) hours in any one week.
(c) The provisions of this Article shall not apply to employees
in an emergency where restriction of hours might handicap or im-
pede rescue or recovery work, for orders placed on account of
disaster.
(d) The provisions of this Article shall not apply to employees
engaged in clierg1ency maintenance or emergency repair work in-
volving breakdowns and protection of life and property.
(e) The provisions of this Article shall not apply to employees
in any department or departments during period of peak demands
when such demands place an unusual or temporary burden on pro-
duction or installation. During such periods employees may be per-
mitted to work in excess of 8 hours per day and 40 hours per week
during 6 weeks in any six months' period, provided, however, that
employees shall not be permitted to work in excess of 48 hours in
any one week and provided, further, that one and one-half their
normal rate of pay shall be paid such employees for all hours worked
in excess of 8 hours per day or 40 hours ppr week
(f) Silubection (e) above, insofar as it relate. to the payment of
overtime, shall not apply to employees specified in Sections 2, 3 (a),
(b), (c) and (d).
(g) All cases of employment in excess of 40 hours a week under
Subsections (c) and (d) above shall be reported to the Code Author-
ity with reasons therefore.
SEC'TION 4. E,,p,,,yrniwnt by S r I't ,ol Eiployers.-No employer
shall knowingly permit any employee to work for any time which
when totalled with that already performed with another employer
or employer in this industry and/or trade. exceeds the maximum
permitted herein.
ARTICLE V- AGES

SIC-TION 1. Minimum Rates.-The minimum wage that shall be
paid by any employer to any employee engaged in this industry in
labor operations shall be thirty-seven (37) cents per hour for men
and thirty-two (32) cents for women, provided that in no event shall
minimum hourly rates of pay be reduced, and provided, also, that
learners may be paid not less than 80 per cent of the minimum rate
paid, determined in the manner above provided, but the number of
learners for a three-mnonth period receiving less than such minimum
rate so determined shall not exceed 5 per cent of the total number
of employees., in each plant or establisluneit engaged in the process-
ing of products and in labor operations directly incident thereto,
and provided that each employer may employ a minimum of one
learner.






429


SE:TION 2. Mintml ri Wage for Clerical and Office Employees.-
The minimum wage that. shall be paid by any employer to all other
employees shall be at the rate of $15.00 per week: Provided, ihol (c-',
that office boys or girls, and learners may be paid not le-s than 80
per cent of such minimum wage, but the nuiiiber of such office boys
or girls, and learners paid at a rate of less than $15.00 per week shall
not exceed 5 per cent of the total number of employees of each
employer covered by the provision- of this Section 2 and provided
that each employer may employ a minimum of one office boy or girl.
SECTION 3. P;ic <' iiork Co pi. nhstltiton-Minimum Wages.-This
Article establishes a niiiimul rate of pay which shall apply, irre-
spective of whether an employee is actually coimpeniat.ie on a time
rate, piecework, or other basis.
SECTION. 4. Evasion fu ough Re imployment.-No employee now
employed at a rate in excess of the minimum shall be discharged and
reemployed at a lower rate for the purpose of evading the provisions
of this Code.
SECTION 5. Wage Adjustments Above Minimum.-There shall be
an equitable adjustment of all wages above the minimum. Em-
ployers shall adjust wage schedules in equitable relation to the mini-
mum hourly rates provided in this Article, so far as such adjust-
ments have not been made subsequent to June 16, 1933. Each member
of the Industry and/or Trade shall promptly report all such adjust-
ments to the Code Authority.
SECTION 6. Handicapped Perso.-o n.-A person whose earning capa-
city is limited because of age or physical or mental handicap may be
employed on light work at a wage not less than eighty (80) per cent
of the miinimum established by this Code if the employer obtains
from the State Authority designated by the United States Depart-
ment of Labor a certificate authorizing his employment at such wages
and for such hours as shall be stated in the certificate, provided that
the number of such employees shall not exceed five (5) per cent of
the total number of employees. Each employer shall file with the
Code Authority a list of all such persons employed by him.
SECTION 7. Female Employees.-Female employees performing
substantially the same work as male employees shall re ei ve the same
rate of pay as male employees and, where they displace men, they
shall receive the same rate of earning as the men they displace.

ARPTI(LE VI-GENERHAL LABOR PROVISIONS

SECTION 1. Child Labor Pr'oviv;on.-No person under sixteen (16)
years of age shall be employed in the industry and/or trade. No
person under eighteen (18) years of age shall be employed at opera-
tions or occupations which are hazardous in nature or dangerous to
health. The Code Authority shall submit to the Admini.strator be-
fore March 1, 1934, a list of such operations or occupations. In any
State an employer shall be deemed to have complied with this pro-
vision as to age if he shall have on file a certificate or permit duly
issued by the Authority in such State empowered to issue employ-
ment or age certificates or permits showing that the employee is of
the required age.






430


SECTION 2. Provl'ions fI'om the Act.-In compliance with Section 7
(a) of the Act, it is provided:
(a) That 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 representative, or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any conmpny union
or to refrain from joining, organizing, or assisting a labor organi-
zation of his own choosing, and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SECTION 3. ReCl.ass;fical.((oi of Employees.-No employer shall re-
classify employees or duties of occupations performed or engage
in any other subterfuge so as to defeat the provisions of the Act
or the purposes of this Code.
SECTION 4. St,,idards for Saftiy and Health.-Every employer
shall provide 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 Admin-
istrator within six (6) months after the effective date of this Code.
SECTION 5. State Laws.-No provision in this Code shall super-
sede any State or Federal law which imposes more stringent re-
quirements on employers as to age of employees, wages, hours of
work, or as to safety, health, sanitary or general working condi-
tions, or insurance, or fire protection, than are imposed by this
Code.
SECTION 6. Posting.-All employers shall post complete copies of
this Code in conspicuous places accessible to all employees.

ARTICLE VII-ORGANIZATION, POWERS AND DUTIES OF CODE
AUTHORITY

SECTION 1. Code Authority.-A Code Authority is hereby consti-
tuted to administer this Code.
SECTION 2. Membership of Code Authority.-The Code Authority
shall consist of not less than five nor more than six members of the
Industry and/or Trade, to be selected as hereinafter provided and
in addition thereto there may be one to three members without vote,
to be appointed by the Administrator for terms of six (6) or twelve
(12) months from the date of appointment.
Five members of the Code Authority shall be appointed by the
Executive Conilittee of the trade association of the Industry and
Trade (Induistrial Safety Equipment. Association), two of whom
shall be members whose business is predominantly manufacturing
safety products, two of whom shall be members who manufacture
safety products and also (distribuIte the safety products of others,
and one of whomii shall be a member whose business is pre(domlinantly
distributing the s;.ifty products of others. If they so desire, non-
memnbers of the Associati(on iiay elect one member of the Code







431


Authority in such manner as the Code Authority may prescribe. In
cases in which the principal business of a member of the trade is to
distribute the products of a member of the industry, both cannot
serve on the Code Authority at the same time.
SECTION 3. Associations.-Each trade or industrial association
Directly or indirectly participating in the selection or activities of the
Code Authority shall (1) impose no inequitable restrictions on mem-
bership, and (2) submit to the Administrator true copies of its
articles of association, by-laws, regulations, and any amendments
when made thereto, together with such other information as to mem-
bership, organization, and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
SECTION 4. Representlative Code Authority.-In order that the
Code Authority shall at all times be truly representative of the
industry and/or trade 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, or
any sub-Code Authority.
SECTION 5. Particfipation, in Code.-Any member of the industry
and/or trade is and shall be eligible for membership in the trade
association of the Industrial Safety Equipment Industry and Trade
and there shall be no inequitable restrictions on such membership,
and all members of the industry and/or trade shall be entitled to
participate in and share the benefits of the activities of the Code
Authority and all members of the industry and/or trade subscribing
to the Code or participating in or sharing in any way in the benefits
of the activities of the Code Authority or participating in the selec-
tion thereof, shall bear a reasonable share of the expenses of ad-
ministering and enforcing the Code and of making amendments
thereof and additions thereto. Such reasonable share of the ex-
penses of the Code Authority shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
gross sales volume of business and/or such other factors as may be
equitable and such funds shall be collected and administered by and
through the machinery of the Code Authority of the Industry and
Trade.
SECTION 6. Liabilities.-Nothing contained in this Code shall con-
stitute the members of the Code Authority partners for any purpose.
SECTION 7. Powers and Duties.-The Code Authority shall have
the following powers and duties in addition to those elsewhere pro-
vided in this Code.
(a) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code, in accord-
ance with the powers herein granted, and to submit the same to the
Administrator for his approval together with true copies of any
amendments or additions when made thereto, minutes of meetings
when held, and such other information as to its activities as the
Administrator may deem necessary to effect, the purposes of the Act.
(b) To obtain from members of the industry and trade for use of
the Code Authority, for the Administrator in the administration and







432


enforcement of the Code, and for the information of the President,
reports from and to give assistance to members of the industry and/or
trade in improving methods, or in prescribing a uniform system of
accounting and reporting. All individual reports shall be kept con-
fidential as to members of the industry and/or trade and only general
summaries thereof may be published.
(c) To receive complaints of violations of this Code, make investi-
gations thereof, provide hearings thereon and adjust such complaints,
and bring to the attention of the Administrator for prosecution,
re'm Innmendations, and information relative to unadjusted violations;
but in no event shall the Code Authority proceed to prosecute with-
out notice to and approval by the Administrator.
(d) To use and appoint such trade associations and other agencies
as it deems proper for the carrying out of any of its activities pro-
vided for herein and to pay such trade associations and agencies the
cost thereof, 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 thereof.
(e) To coordinate the administration of this Code with such other
codes, if any, as may be related to the industry and/or trade, or any
subdivision thereof, and to delegate to any other administrative
authority, with the approval of the Administrator, such powers as
will promote joint and harmonious action upon matters of common
interest.
(f) To secure an equitable and proportionate payment of the ex-
penses of maintaining the Code Authority and its activities from
members of the industry and/or trade.
(g) When any group manufacturing and/or selling specified prod-
ucts of this industry and/or trade decide by majority vote of the
members of such group that it is desirable to adhere to a policy of
published prices for each individual member of the group it shall
be mandatory for each member of the group to adhere to this policy
and file with the Code Authority his price lists which unless dis-
approved by the Administrator shall be effective ten days after
filing. Any revision of price schedules by any member must be
filed with the Code Authority ten days prior to the date of the price
change being effective. The Code Authority shall notify all other
members in the group affected by this price change and such prices
shall be available to the trade at least five days prior to the effective
date. All members of the group shall then have the privilege of
making the same price change effective on the same date, due notice
being given the Code Authority.1
(h) To initiate, consider and make recommendations for the modi-
fication or amendment of this Code, which shall become effective
upon approval of the Administrator after such notice and hearing
as he may specify.
SECTION 8. Stafi.-ics.-In addition to information required to be
submitted to the Code Authority, all or any of the persons subject
to such code, agreement, or license shall furnish such statistical
information as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of said Act to such Federal and State
SSee paragraph 2 of order approving this Code.






433


agencies as the Administrator may designate; nor shall anything in
the code, agreement, or license relieve any person of any existing
obligation to furnish reports to Government agencies.
SE(rION 9. Appeals.-An appeal from any action by the Code
Authority affecting the rights of any employer or employee in the
industry and/or trade may be taken to the Administrator.
SEcTION 10. Complaint Deposit.-When a member, participating
in, subscribing to the Code and sharing in the benefits of the activi-
ties of the Code Authority and who pays his proportionate share of
the expenses of the Code Administration, makes a complaint of
violation of any of the provisions of the Code, such complaint shall
be made in writing to the Code Authority and accompanied by a
check for $25, to apply against any expense of investigation incurred
by the Code Authority or the agency that it may appoint to make
such investigation.
In the event that the complaint is sustained by the Code Authority,
the offending party, if he be a member in the same standing as the
complaining member, will be required to defray the expense of the
investigation, and the Code Authority may take such action against
the violator as it deems desirable and report such action to the
Administrator, in which event the deposit made by the complainant
will be returned.
In the event that the complaint is not sustained, the complainant
will be required to pay any additional cost.
SECTION 11. Sub-Code Authorii.;e.-Groups of members of the
industry and/or trade, manufacturing and/or selling a particular
product or products having common interests and problems, may be
grouped into product sub-divisions by the Code Authority for
administrative purposes. For each such product sub-division there
may be a sub-Code Authority approved or appointed by the Code
Authority to cooperate with the Code Authority in the administra-
tion and enforcement of the Code and/or to cooperate in the admiinis-
tration and enforcement of a Supplementary Code or Codes applying
to such product sub-division or part thereof.
SECTION 12. Suspension of Code Authority Action.-If the Admin-
istrator shall determine that any action of a Code Authority or
any agency thereof is unfair or unjust or contrary to the public
interest, the Administrator may require that such action be suspended
for a period of no to exceed thirty days to afford an opportunity
for investigation of the merits of such action and further considera-
tion by such Code Authority or agency pending final action which
shall be taken only upon approval of the Administrator.

ARTICLE VIII-TRADE PRACTICE RULES

General Definition.-For all purposes of the Code the acts de-
scribed in this Article shall constitute unfair practices. Any member
of the industry and/or trade who shall directly, or indirectly through
any officer, employee, agent or representative, knowingly use, employ,
or permit to be employed, any of such unfair practices shall be guilty
of a violation of the Code.
RULE 1. Inaccurate Marking, Branding and Pakinrg.-No member
of the industry and/or trade shall mark, brand or pack any product







434


or commodity in any manner for the purpose or with the effect of
misleading or deceiving purchasers with respect to the brand, grade,
quality, quantity, origin, size, material, content, substance or prep-
aration of such products purchased, whether "donme-tic or
"foreign."
RULE 2. Mi epi'c:einlation.-No member of the industry and/or
trade shall substitute, or cause to be substituted, materials inferior
to those specified by the purchaser.
RULE 3. Inaccurate Reference to Comprtitors.-No member of the
industry and/or trade shall use advertising or other representation
which refers inaccurately in any material particular or disseminates
false or misleading information relative to any competitor or their
products, selling prices, values, credit standing, credit terms, ability
to perform work, conditions of employment, policies or services.
RULE 4. Inaccurate Advertising.-No member of the industry
and/or trade shall use advertising, (whether printed, radio, display
or of any other nature) or other representation which in any mate-
rial particular or in any way misrepresents any commodity, (includ-
ing its use, trade-mark, grade, quality, quantity, origin, size,
substance, character, nature, finish, material content or preparation)
or credit terms, values, policies, services, or the nature or form of the
business conducted.
RULE 5. Free Samples.-No member of the industry and/or trade
shall issue advertising containing offers of samples.
RULE 6. Bait Advertising.-No member of the industry and/or
trade shall use advertising or selling methods or credit terms which
have the capacity or tendency to deceive or mislead the customer
or prospective customer.
RULE 7. Secret Rebates.-No member of the industry and/or trade
shall secretly offer or make any payment or allowance of a rebate,
refund, commission, credit, unearned discount or excess allowance
whether in the form of money or otherwise, for the purpose of
influencing a sale, nor shall a member secretly extend to any customer
any special service or privilege not extended to all customers of the
same class.
RULE 8. Selling on Consignment.-No member of the industry
and/or trade shall ship goods on consignment, except under circum-
stances to be defined by the Code Authority, where peculiar circmn-
stances of the industry require the practice.
RULE 9. Commercial Bribery.-No member of the industry and/or
trade shall give, permit to be given or directly offer to give any-
thing of value for the purpose of influencing or rewarding the
action of any employee, agent or representative of another in rela-
tion 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. This provision shall not be con-
strued to prohibit free and general distribution of articles commonly
iucd for advertising except so far as such articles are actually iuedl
for the coimi.rriia bribery as hereinabove defined.
RrLE 10. Cash Di'rounts.-No member of the industry and/or
trade shall give cash discounts under any condition in excess of two
(2) per cent, net.






435


RULE 11. False Billing.-No member of the industry and/or trade
shall withhold from or insert in any quotation or inviree any state-
ment that makes it inaccurate in any material particular.
RULE 12. Thrnwt.f of Law Suits.-No member of the industry
and/or trade shall publish or circularize unjustified or unwarranted
threats of legal procei.dings which tend to or have the effect of
harassing competitors or intimidating their customers.
RULE 13. Selling Below Cost.-No member of the industry and no
member of the trade shall sell below allowable ,,ost. Allowable
cost, in the case of a member of the industry, is defirned to mean
the cost of the lowest cost producer in the inirlustry. Allowable
cost in the case of a member of the trade is defined to mean the cost
of the lowest cost member of the trade. After the effective date of
this code the Code Authority shall formulate or cau-e to be fornii-
lated a system of cost accounting subject to the approval of the
Administrator. Such system of cost accounting shall be u-.ed by each
member of the industry and/or trade with the necessary additions
thereto or exceptions or variation therefrom to suit individual re-
quirements, as may be approved by the Administrator. The uniform
system of cost accounting shall stipulate all items to be included in
computing allowable cost..
Dropped lines may be sold at such prices as are necessary to move
the merchandise into buyer's hands. However all such stocks and
the essential circumstances surrounding their sale niust be reported
to the Code Authority within two weeks of such disposal.
RULE 14. Quality Maintenance of Parts.-No member of the in-
dustry and/or trade shall offer for sale or sell a part of any industrial
safety equipment, approved by the Bureau of Mines, the Bureau of
Standards, the American Medical Association or the American Gas
Association, or any other Bureau or Association approved by the
Code Authority, with the consent of the Administrator, for substitu-
tion or for replacement of a part of such approved equipment except
such be a part manufactured by the manufacturer of the original
approved equipment, or such be a part of equal or superior merit
approved for substitution or replacement by the original approving
Bureau or Associati(on.

ARTICLE IX-SUPPLEMENTARY CODES

Particular product groups of competitors within the industry
and/or trade may, with the approval of the Code Authority and/or
the Administrator, establish supplementary codes of fair competition
applying to their particular products and not conflicting with the
provisions of this Code. Such a supplementary code shall apply to
all members of the particular product groups within the industry,
on that part of their bu!line- covered by the definition of the prodluit
or products.
ARTICLE X-EXPORT SALES

No provision of this Code relating to prices or terms of selling,
shipping or marketing shall apply on sales or shipments for export
trade.






436


ARTICLE XI-MoDIFICATION
SECTION 1. 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 conditions
imposed by him upon his approval thereof.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circumn-
4tani:e.s. such modification to be based upon application to the Admin-
istrator and such notice and hearing as he shall specify, and to
become effective on approval of the Administrator.

ARTICLE XII-MONOPOLIES, ETC.
No provision of this Code shall be so applied as to permit monop-
olies or nmiinopolistic practices, or to eliminate, oppress, or discrimi-
nate against siilal enterprises.

ARTICLE XIII-EFFECTIVE DATE
This Code shall become effective eleven days after its approval by
the Pre-ident.
Approved Code No 315.
Registry No. 1399-24.
















SCHEDULE A


PRODUCTS OF THE INDUSTRIAL SAFETY EQUIPMENT INDUSTRY REFERRED TO IN
THE DEFINITION OF THE INDUSTRY IN ARTICLE II OF THIS CODI

Steel reinforced and steel seived gloves and mittens
Steel reinforced hand p[adn
Safety arm protectors and sleeves
Welding gloves (excepting rubber gloves)
Asbestos gloves and mitts
Safety leggings
Safety spats
Safety aprons
Leather, asbestos and fireproof duck coats, pants and suits
Industrial safety belts for personal wear
Protective safety hats (not including metal hats)
Welding helmets and welding hand shitvlds
Sandblast helmets
Specially designed safety protective clothing
Eye shields
Detachable safety guards
Safety grips for ladders
Safety cans for hazardous liquids
Respiratory protective equipment including-
Respirators
Gas masks
Hose masks
Babbitting masks and shields
Selfcontained breathing apparatus
Submarine escape apparatus
Resuscitating apparatus
Detectors and recorders for explosive and/or toxic gases
Safety apparatus and/or equipment specifically used for prevention of gas and
dust explosions in mines
Safety lamps for mine and industrial use, to protect against explosive and/or
toxic gases (except flashlights)
Industrial first aid equipment including-
First aid kits and materials for same used in industry, transportation and
service for dire-Sing personal injuries
And like instruments and/or equipment worn or used in industry, transporta-
tion, trade, commerce and service to protect workers from injury.
(437)





UNIVERSITY OF FLORIDA

IIIIInlIIIlIIIIIllllHIIIIIIIIIllIl
3 1262 08582 8951














SCHEDULE B
PRODUCTS DISTRIBUTED AND/OR SOLD BY THE INDUSTRIAL SAFETY EQUIPMENT
TRADE REFERRED TO IN THE DEFINITION OF THE TRADE IN ARTICLE II OF
THIS CODE
All of the products listed in Schedule A, and in addition
Industrial safety shoes
All industrial goggles and eye protectors (excepting the following: sun
glasses, sport glasses, aviator's goggles, and industrial goggles and eye
protectors fitted with prescription lenses)
And like Instruments and/or equipment worn or used in industry, transporta-
tion, trade, commerce and service to protect workers from injury.
(438)