Code of fair competition for the bowling and billiard operating industry as approved on March 17, 1934 by President Roosevelt

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Title:
Code of fair competition for the bowling and billiard operating industry as approved on March 17, 1934 by President Roosevelt
Portion of title:
Bowling and billiard operating industry
Physical Description:
p. 221-230 : ; 24 cm.
Language:
English
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United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Bowling alleys -- Law and legislation -- United States   ( lcsh )
Billiards -- Law and legislation -- United States   ( lcsh )
Genre:
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1711-11."
General Note:
"Approved Code No. 346."

Record Information

Source Institution:
University of Florida
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All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930935
oclc - 645177118
System ID:
AA00008352:00001

Full Text
St *. '-4-.


Approved Code No. 346


Registry No. 1711-11





















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Approved Code No. 346


CODE OF FAIR COMPETITION
FOR THE

BOWLING AND BILLIARD OPERATING TRADE

As Approved on March 17, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR THE BOWLING AND BILLIARD OPERATING
TRADE
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 Bowling and Billiard Operating Trade,
and hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said Code of Fair
Competition together with his recommendations 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 it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUoH S. JOHNSON,
Administrator.
THE WHITE HOUSE,
March 17, 1934.
47136--425-102-34 (221)











LETTER OF TRANSMITTAL


The PRESIDENT,
The White House.
INTRODUCTION
SIR: This is the report of the Administrator on the application
for, and public hearing on, a Code of Fair Competition for the
Bowling and Billiard Operating Trade as proposed by the Bowling
Proprietors Association of America and the National Billiard
Association of America.
The public hearing was conducted in Washington on December 12,
1933. Every person who requested an appearance was freely heard
in accordance with statutory and regulatory requirements.
The Bowling Proprietors Association of America claims that the
members of the Trade affiliated with their Association represent 80%
of the dollar volume of the business in the Bowling Operating Trade.
The National Billiard Association of America claims that the mem-
bers affiliated with their Association represent 75%c of the total capi-
tal invested in the Billiard Operating Trade.
It was mutually agreed upon to have a Code containing provisions
that would apply to both Trades. Such action was prompted when
it was brought to the attention of the Administrator that both
Trades, namely, the Billiard Operating Trade and the Bowling
Operating Trade, had problems in common.

ECONOMIC AND STATISTICAL MATERIAL
For the 1928-1929 season, the sales volume amounted to over
$120,000,000 and the estimated employment in 1929 was 160,000
persons. The volume of sales for the 1932-1933 season was esti-
mated to be slightly over $57,000,000 and the employment for the
*1932-1933 season was estimated at 136,000 persons. The representa-
tives of the Trade claim that the employment figures will be in-
creased by 331/4% when the Code goes into effect. Coupled with in-
creased employment within the Trade, there will also be an increased
purchasing power for the individual employee under the Code.

RESUME OF CODE PROVISIONS
The Code establishes for office and clerical employees a forty (40)
hour work week and a further proviso to the effect that such an
employee shall not work more than eight (8) hours in any twenty-
four (24) hour period while all other employees are limited to a
fifty-two (52) hour work week.
The minimum rate of pay for a regular employee for a fifty-two
(52) hour work week is $20.00, $17.50, $14.50, and $12.00, according
to what classification as to population of the city in which the em-
(222)





223


ployee works. A porter, watchman or ball-rack boy receives a mini-
mum rate of pay for a fifty-two (52) hour work week of $15.00,
$14.50, $12.00, and $11.00, according to the same classification as men-
tioned for the regular employee. The Code provides for a minimum
to the pin setter and an appreciable increase in his commissions per
line set up by him. The Trade representatives claim that the pro'vi-
sion will increase the compensation received by a pin setter by 50%
over and above what he received for the 1932-1933 season.
Such provisions will require a more than substantial contribution
toward national recovery from part of the Trade.
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-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign com-
merce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practice, by promoting the fullest possible
utilization of the present production capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code complies in all respects with the pertinent provi-
sions of said Title of said Act, including without limitation Sub-
section (a) of Section 3, Subsection (a) of Section 7, and Subsection
(b) of Section 10 thereof; and that the applicant associations are
trade associations truly representative of the aforesaid Trade; and
that the said associations impose no inequitable restrictions on ad-
mission to membership therein.
(c) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(d) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) 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, I recommend approval of this Code.
Respectfully,
HUGo S. JOHNSON,
Admini strator.
MARCH 14, 1934.










CODE OF FAIR COMPETITION FOR THE BOWLING AND
BILLIARD OPERATING TRADE

ARTICLE I-PURPOSES
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 Bowling and Billiard Operating Trade
and shall be the standard of fair competition for such trade and
shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS
The term "Bowling and Billiard Trade (hereinafter called the
trade") includes the furnishing for a consideration of facilities and
equipment for bowling and billiards.
The term employee as used herein includes anyone engaged in
the trade in any capacity receiving compensation for his services, ir-
respective of the nature or method of payment of such compensation.
The terms employer" and "operator as used herein include
anyone by whom any such employee is compensated or employed.
The term member of the Trade includes anyone engaged in the
trade as above defined, either as an employee or on his own behalf.
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 Adminis-
trator for Industrial Recovery.
Population for the purposes of this Code shall be determined by
reference to the 1930 Federal Census.

ARTICLE III-HOURS
1. No office or clerical employee shall be permitted to work in excess
of forty (40) hours in any one week or eight (8) hours in any
twenty-four (24) hour period.
2. No other employee shall be permitted to work in excess of fifty-
two (52) hours in any one week, or nine (9) hours in any twenty-four
(24) hour period.
3. The above limitations shall not. apply to an employee engaged
in a managerial or executive capacity who earns not less than thirty-
five dollars ($35.00) per week.
4. No employee shall be permitted to work more than twenty-four
(24) days in any twenty-eight (28) day period.

ARTICLE IV-WAGES
1. No porter, watchman, or ball-rack boy shall be paid at less than
the rate of fifteen dollars ($15.00) per week in any city of over
500,000 population or in the immediate trade area of such city; nor
(224)





225


less than fourteen dollars fifty cents ($14.50) per week in any city
of between 250,000 and 500,000 population, or in the immediate trade
area of such city; nor less than twelve dollars ($12.00) per week in
any city of between 2,500 and 250,000 population, or in the immediate
trade area of such city; nor less than eleven dollars ($11.00) per
week in towns of less than 2,500 population.
2. No pin setter shall be paid at less than the rate of twenty per-
cent (20%) of the price charged per line for all lines set up by him,
and at no time shall receive less than four cents (44) per line for ten
(10) pin bowling, nor less than three cents (30) per line for all
" small ball games ", and in no case shall a pin setter who has com-
menced his work receive less than thirty cents (300) even though the
minimum pay, to be computed as provided hereinabove shall not
have been earned.
3. No part-time employee, engaged by the hour, shall be paid at
less than the rate of forty cents (400) per hour.
4. No other employee shall be paid at less than the rate of twenty
dollars ($20.00) per week in any city of over 500,000 population, or
in the immediate trade area of such city; nor less than seventeen dol-
lars fifty cents ($17.50) per week in any city of between 250,000
and 500,000 population, or in the immediate trade area of such city;
nor less than fourteen dollars ($14.00) per week in any city between
2,500 and 250,000 population or in the immediate trade area of such
city; nor less than twelve dollars ($12.00) per week in towns of less
than 2,500 population.
5. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time rate, piecework, or
other basis.
6. No employee whose full time weekly hours for the four weeks
ended June 17, 1933, are reduced by the provisions of this Code by
less than twenty percent (20%) shall have his or her full time weekly
earnings reduced. No employee whose full time weekly hours are
reduced by the provisions of this Code, in excess of twenty percent
(20%) shall have his or her said earnings reduced by more than
fifty percent (50%) of the amount calculated by multiplying the
reduction n in hours in excess of twenty percent (20%) by the hourly
rate.
7. Tips or gratuities shall not be included in wages.

ARTICLE V-GENERAL LABOR PROVISIONS
1. Child Labor Provisions.-No person under sixteen (16) years
of age shall be employed in the Trade. No person under eighteen
(18) years of age shall be employed at operations or occupations
which are hazardous in nature or detrimental to health. The Code
Authority shall submit to the Administrator within sixty (60) days
after the effective date of the Code, a list of such occupations. In
any State an employer shall be deemed to have complied with this
provision as to age if he shall have on file a certificate or permit
duly issued by the Authority in such State empowered to issue em-
ployment or age certificates or permits showing that the employee is
of the required age.




226


2. Pr'ovisi'ois from the Act.-(a) Employees shall have the right
to organize and bargain collectively through representatives of their
own choosing, and shall be free from the interference, restraint, or
coercion of employers 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.
(b) 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, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
3. State Laws.-No provisions in this Code shall supersede any
State or Federal law which imposes more stringent requirements on
employers as to age of employees, wages, hours of work, or as to
safety, health, sanitary or general working conditions, or insurance,
or fire protection than are imposed by this Code.
4. Reclassifcationl of Employees.-No employer shall reclassify
employees or duties of occupations performed for the purpose of
defeating the provisions of the Act or of this Code or engage in any
other subterfuge.
5. Standards for Safety and Health.-Every employer shall pro-
vide 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
within six months after the effective date of this Code.
6. Posting.-Each employer shall post in conspicuous places acces-
sible to employees full copies of Articles III, IV, and V, of this Code.

ARTICLE VI-ADMINISTRATION
1. Organization of Code Authority.-A Code Authority is hereby
constituted to administer this Code.
2. The Code Authority shall consist of eight (8) individuals or
such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth, four (4) of
whom shall represent the bowling trade and four (4) of whom shall
represent the billiard trade, and of such additional members without
vote as the Administrator, in his discretion, may appoint, to repre-
sent such groups or governmental agencies as he may designate, but
one such appointee shall be nominated by the American Bowling
Congress and instructed to safeguard the interests of consumers.
Every member of the Trade who qualifies as provided in Section 5
of this Article shall be entitled to one vote in the nomination and
election of the members of the Code Authority. Arrangements for
such nomination and election shall be made by the proponents of
this Code within thirty (30) days of the effective date thereof or
otherwise as the Administrator may require. The Code Committee
of the Bowling Proprietors Association of America and the Na-
tional Billiard Association of America shall act in this capacity
in the interim.





227


3. 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) sub-
mit 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 membership, organiza-
tion, and activities as the Administrator may deem necessary, to
effectuate the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the
provisions of the Act, the Administrator may provide such hear-
ings 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.
5. Members of the Trade shall be entitled to participate in and
share the benefits of the activities of the Code Authority, to par-
ticipate in the selection of the members thereof, and to use the
.N.R.A. Code Insignia, by assenting to and complying with the re-
,qiirements of this Code and sustaining their reasonable share of the
expenses of its administration. The reasonable share of the expenses
.of administration shall be determined by the Code Authority, sub-
ject to review by the Administrator, on the basis of volume of busi-
ness and/or such other factors as may be deemed equitable to be
taken into consideration.
6. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose.- Nor shall any mem-
ber-of the Code Authority be liable in any manner to anyone for
any act of any other member, officer, agent, or employee of the Code
Au thority exercising reasonable diligence in the conduct of his duties
hereunder nor be liable to anyone for any action or omission to act
under the Code, except for his own willful misfeasance or non-
easance.
7. Powers and Duties of Code Au-thority.-The Code Authority
abalU have, to the extent permitted by the Act, the following powers
and duties in addition to those elsewhere provided 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 purpose of the Act.
(b) To obtain from members of the Trade for use of the Code
Authority, for the Administrator in the administration and enforce-
ment of the Code, and for the information of the President, reports
based on periods of one, two, or four weeks, or multiples thereof, as
soon as the necessary readjustment within the Trade can be made
and to give assistance to members of the Trade in improving meth-
ods, or in prescribing a uniform system, of accounting and reporting.
All individual reports shall be kept confidential as to members of
the Trade and only general summaries thereof may be published.




228


(c) To receive complaints of violations of this Code, make investi-
gations thereof, and bring to the attention of the Administrator,
recommendations, and information relative to violations.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided 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 hereof.
(e) To coordinate the administration of this Code with such other
Codes, if any, as may be related to the Trade, or any subdivision
thereof, and may assist in promoting joint action upon matters of
common interest by establishing a Joint Advisory Board to which
one or more of its members shall be delegated, or by delegation of any
of its powers to any administrative authority.
(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.
(g) To cooperate with the Administrator in regulating the use of
the N.R.A. Code Insignia solely by those employers who have
assented to, and are complying with, this Code.
(h) Local Administrative Boards.-The Code Authority shall
appoint Local Administrative Boards within trading areas for the
purpose of assisting in the administration of this Code within such
trading areas. The Code Authority shall fix the boundaries of such
trading areas.
A Local Administrative Board composed of not less than three
members and not more than seven members shall establish and pre-
scribe, after due notice to every known member of the Trade and a
public hearing of which representatives of consumers and others
substantially affected, shall be notified, fair and reasonable minimum
prices for the several services comprised within the definition of the
Bowling and Billiard Trade. Establishments in any given trading
area shall be classified according to location, volume of business
and/or such other factors as may be deemed equitable to be taken into
consideration, into at least two and not more than four groups and
fair and reasonable minimum price differentials shall be determined
for each such group, one of which must be comprised of institutions
fostering the recreation of youth. Such minimum prices shall be
sufficient to provide for carrying out the purposes of the Act, to en-
able the Trade to maintain the payment of at least the minimum
wages herein established and other wages properly based thereon, the
furnishing of stable employment necessary to maintain the trade,
and such other considerations as are reasonably pertinent thereto.
Any minimum prices thus determined shall not be effective until
approved by the Code Authority and the Administrator and then
for a trial period of only ninety days. Prior to the expiration of
the trial period, the Local Administrative Board shall render a report
to the Code Authority on the operation of this provision and the
desirability of its continuation, but continuation must be recom-
mended by the Code Authority and approved by the Administrator
in order to become effective.





229


Thereafter, changes in the minimum prices may be effected only by
the procedure provided herein for their original establishment.
(i) To initiate, consider, and make recommendations for the modi-
fication or amendment of this Code.
8. General Administrative Provision.-In addition to the informa-
tion required to be submitted to the Code Authority, there shall be
furnished to Government agencies such statistical information as
the Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act.
9. An appeal from any action by the Code Authority affecting the
rights of any employer or employee in the Trade may be taken to the
Administrator.
10. If the Administrator shall determine that any action of a
Code Authorit,' 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 disap-
prove after 30 days' notice to him of intention to proceed with such
action in its original or modified form.
ARTICLE VII-TRADE PRACTICES
The following practices constitute unfair methods of competition
for members of the Trade and are prohibited.
1. The payment of any allowance, refund, rebate, commission, or
credit, whether monetary or otherwise, extending a special service,
privilege, or concession, directly or indirectly, to any individual or
group for the purpose of securing league, club, tournament or open
bowling and/or billiards, except as established pursuant to Article
VI Section 7 (h).
2. Misleading or deceiving customers with respect to the character,
service, and conditions of any bowling and or billiard establishments.
3. Maliciously inducing or attempting to induce breach of an ex-
isting contract between a competitor and his customer, or interfer-
ing with or obstructing the performance of any such contractual duty
or service by any such means.
4. To sell any of the several services at less than the minimum
rices as established by the Code Authority in Article VI, Section
S(h).
ARTICLE VIII-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 the National Industrial Re-
qovery 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.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or change in circumstances, such




230


modification 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 IX-MONOPOLIES
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices or to eliminate, oppress, or discriminate
against small enterprises.

ARTICLE X-PRICE INCREASES
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 wages, it is recognized that price
increases shall be delayed, and that when made the same should, so
far as reasonably possible, be limited to actual increases in the
seller's costs.
ARTICLE XI-EFFECTIVE DATE
This Code shall become effective on the first Monday after its
approval by the President.
Approved Code No. 346.
Registry No. 1711-11.







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