Approved' Code No. 145 Registry No. 312-1-10
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON DECEMBER 7, 1933
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Approved Code No. 145
CODE OF FAIR COMPETITION
FURNITURE MANUFACTURING INDUSTRY
AS APPROVED ON DECEMBER 7, 1933
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 Furniture Manufacturing Industry, 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 perti-
nent provisions of Title I of said Act, and that the requirements of
Clauses (1) and (2) of subsection (a) of Section 3 of said Act have
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 the findings and approve the report and recom-
mendations of the Administrator and do order that the said Code
of Fair Competition be, and it is hereby, approved.
FRANKLIN D. ROOSEVELT.
HUGH S. JOHNSON,
THE WHITE HOUSE,
December 7, 1933.
The PRESIDENT, NOVEMBE18 1983.
The White House.
SIR: This is a report on the Code of Fair Competition for the Fur-
niture Manufacturing Industry in the United States as revised after,
a hearing conducted in Washington, D.C., on October 9, 1933, in ac-
cordance with the provisions of the National Industrial Recovery
PROVISIONS OF THE CODE AS TO HOURS AND WAGES
The Code provides for an average forty-hour week and an eight-
hour day. Though a maximum work week of forty-five (45) hours
is established to provide for seasonal production requirements, all
hours worked in excess of eight in any one day must be paid for
at the rate of time and one half with certain exceptions. Hourly
tolerances are provided for emergency repair crews, firemen, engi-
neers, shipping crews, watchmen, truck drivers, designers, traveling
salesmen, and persons engaged in executive or supervisory capacities,
who earn $35.00 a week or more.
A minimum hourly rate of 34 cents is provided for all employees
except those in the southern states where the minimum rate is 30
cents an hour, and for employees in factories, the output of which
consists of more than 90% of chairs with double woven cane seats,
who shall be paid at the rate of not less than 30 cents an hour.
Apprentices for a period not to exceed four months shall be paid
not less than 80% of the minimum rates, but the total number of
apprentices is limited to 5% of the total number of factory employees
in any establishment. Factory watchmen, gate watchmen, yard
men, and yard lumber handlers may also be paid at the rate of
not less than 80 percent of the minimum rates, but the total of
such employees is limited to 5 percent of the total number of fac-
tory workers. The minimum rates are established regardless of
whether the employee is compensated on a time rate, piecework,
or other basis, and it is provided that no employee shall be paid
a wage rate which shall yield a less wage for a week of forty hours
than employees were receiving for the same class of work for the
normal working week of forty-eight hours or more immediately
preceding June 16, 1933.
The minimum wage rates apply only to employees engaged on
the single daylight shift occurring between the hours of 7 A.M. and
5 P.M. Employees working on a shift, any part of which occurs
after 5 P.M. or before 7 A.M. shall be paid at the rate of not less
than one and one half times the rate paid employees engaged in the
daylight shift for the same class of work. This provision does not
become effective until thirty days after approval of this Code.
Employees shall not be reclassified for the purpose of defeating
the provisions of the Act or of the Code.
No person under 16 shall be employed and no person under 18 shall
be employed in hazardous occupations.
ECONOMIC EFFECTS OF THE CODE
The Furniture Industry is a highly competitive one and the re-
turn upon capital invested has been low even in the most prosperous
times. In 1928, which probably could be called an average year,
the profits were 3.42 percent of the sales and 4.07 percent on capital
invested. Since 1928 there has been a steady decline in the industry,
and the average operating loss in 1932, based on net sales, was 20
percent. However, the response of the industry to the President's
Reemployment Agreement and its presentation of this Code has dem-
onstrated a splendid spirit of cooperation with the purposes of the
National Industrial Recovery Act.
Available statistical data indicate that because of the provisions
of the Code reducing the number of hours that employees may be
worked, the industry will absorb all of the workers normally em-
ployed in factories now in operation, and, in addition, a very large
proportion of the furniture workers who have been unemployed as
a result of the closing of several hundred plants in the past few
In June 1933 more than 58 percent of the employees in northern
factories and 68 percent of employees in southern factories, more
than 54,000 workers in all, earned less than the minimum rates
established by the Code. The increase in wages that these em-
ployees will receive in many cases amounts to more than twice the
wages that they have heretofore been receiving. Adjustment of
salaries of those receiving more than the prescribed minimum-wage
rates will increase the salaries of approximately 36,000 workers.
The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limi-
tation, subsection (a) of Section 7 and subsection (b) of Section 10
thereof, and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Furniture Manufacturing Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises and will not oper-
ate to discriminate against them, and will tend to effectuate the
policy of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
HUGH S. JOHNSON,
CODE OF FAIR COMPETITION
FURNITURE MANUFACTURING INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Furniture Manufacturing Industry, and
upon approval by the President, shall be the standard of fair com-
petition for the Industry, and shall be binding, upon every member
1. The term Industry ", as used herein means the manufacture
or production for sale of products, other than mattresses, pillows, and
box springs, commonly known as household furniture ", whether
used in the home or elsewhere; wood office chairs, wood office desks,
and wood office tables, parlor frames, chairs in the white, furniture
parts made of wood, and other unfinished household furniture; pro-
vided, however, that organizations or groups of manufacturers rep-
resenting kinds or types of furniture or furniture parts not specifi-
cally named herein, may become parties to or be exempted from this
Code upon approval by the Administrator.
The term furniture parts made of wood as used in the first
paragraph of this article, means wood parts for furniture where the
process of manufacture has advanced so far that the product can be
used only in the production of furniture, but not including hardwood
dimension stock nor plywood, as defined in the Code for the Lumber
and Timber Products Industry, and for sale as such.
2. The terms Psidentr ", "Act ", and "Adnministrator as used
herein shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the Administrator of
Title I of said Act.
3. The term nmnufactuwer ", as used herein, includes anyone en-
gaged in the industry as above defined, either as an employer or on
his own behalf.
4. The term employee", as used herein, includes any person
engaged in the industry in any capacity receiving compensation for
his services, irrespective of the nature or method of payment of such
5. The term employer ", as used herein, includes anyone by whom
any such employee is compensated or employed.
6. The term furriture ", as used herein, means any product of the
1. No employee in the industry shall be permitted to work in excess
of an average of forty (40) hours per week during the period prior
to April 1, 1934, and each six months' period thereafter, but not more
than forty-five (45) hours in any one week, provided that all hours
worked in excess of eight (8) in any day shall be paid for at one
and one half times the regularly hourly rate, except as follows:
(a) No employee in the industry shall be permitted to work in
excess of forty (40) hours per week during the period prior to Janu-
ary 1, 1934, except as otherwise provided in paragraphs (b), (c),
(d), (e), and (f) of this Article.
(b) A tolerance of twenty-five percent in the hours specified
above shall be permitted in any week for emergency maintenance
and emergency repair crews, provided that no such employees shall
be permitted to work in excess of an average of forty hours per
week in each two weeks' period.
(c) A tolerance of ten percent in the hours specified above shall
be permitted for firemen, engineers, and shipping crews.
(d) Designers and persons engaged in executive and/or super-
visory capacity, who are earning $35.00 or more per week, and trav-
eling salesmen. Working foremen are not excepted from the mini-
mum hours specified above.
(e) Watchmen and night firemen shall be permitted to work not
to exceed an average of forty-eight hours per week in each two
(f) Truck drivers operating on trips normally requiring more
than eight hours, except in cases of unavoidable delay due to break-
down or accident, shall be subject to hours of labor of a code here-
after to be adopted for the trucking industry.
2. No manufacturer availing himself of the averaging privilege
may use the device of temporarily laying off of successive groups
of workers for the purpose of operating his entire plant forty-five
hours per week continuously through the full averaging period.
1. Except as provided in subsection (b) of this Section:
(a) No employee in the States of Virginia, North Carolina, South
Carolina, Tennessee, Kentucky, Georgia, Florida, Alabama, Missis-
sippi, Louisiana, Arkansas, Oklahoma, and Texas, and that part of
the State of Missouri south and west of an air line beginning at
Thayer in Oregon County to Buffalo in Dallas County, thence di-
rectly west to the Kansas State line; and no employee in any factory,
the output of which consists of more than 90% of chairs with double
woven cane seats, shall be paid at less than the rate of 30 cents
(b) No other employee shall be paid at less than the rate of 34
cents per hour. I
2. Ewceptions.-No employee covered in paragraphs (a) and (b)
of this Section shall be paid at less than 80% of the minimum wage
rates prescribed in Section 1 of this Article, provided that in no case
shall the weekly wage of factory watchmen be less than $12.0(Yper
week of forty (40) hours or more.
(a) Apprentices for a period of four months which shall be served
not more than once in a lifetime of each apprentice; provided, that
the total number of apprentices shall not exceed five percent of the
total number of factory workers employed by any employer.
(b) Factory watchmen, gate watchmen, yardmen, and yard lum-
ber handlers; provided, that the total number of such employees
shall not exceed five percent of the total number of factory workers
employed by any employer.
3. No employee shall be paid a wage rate which will yield a less
wage for a week of forty hours than employees were receiving for
the same class of work for the normal working week of 48 hours or
over immediately preceding June 16, 1933.
4. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
5. The minimum wage rates provided for in Sections 1 and 2 of
this Article apply only to employees engaged on the single daylight
shift occurring between the hours of seven o'clock A.M. and five
o'clock PAI.; any employee, with the exceptions specified, viz, sub-
paragraphs (a), (b), (c), (d), and (e) of Section 1, Article III,
working on a shift all or any part of which occurs after five o'clock
P.M. or before seven o'clock A.M., shall be paid at the rate of not
less than one and one half times the rate paid employees engaged
in the daylight shift for the same class of work. The provisions of
this Section shall not become effective until 30 days after approval
of this Code by the President.
ARTICLE V-GENERAL LABOR PROVISIONS
1. No person under 16 years of age shall be employed in the in-
dustry 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 before January 15, 1934, a list of
such occupations. In any State an employer shall be deemed to have
complied with this provision if he shall have on file a certificate or
permit duly issued by the Authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing, and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such States imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general working conditions than under this Code.
6. No employer shall reclassify employees or duties of occupations
performed for the purpose of defeating the provisions of the Act
or of this Code.
7. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
8. Each employer shall post in conspicuous places accessible to
employees full copies of this Code.
1. To effectuate further the policies of the Act a Code Authority
is hereby constituted to cooperate with the Administrator as the
Administrative, Planning, and Fair Practice Agency for the
(a) The Code Authority shall consist of not less than twenty
members, eleven to be selected by the National Association of Fur-
niture Manufacturers, Incorporated, and seven to be selected by
the Southern Furniture Manufacturers Association, together with
the Managing Director of the National Association of Furniture
1Manufacturers, Incorporated, and the Secretary of the Southern
Furniture Manufacturers Association, and such additional members
as may be necessary to represent other groups as may come under
this Code; all to be elected by a fair method of selection to be ap-
proved by the Administrator. The Government is to be represented
on the Code Authority by two members without vote to be appointed
by the Administrator for terms of from six months to one year
arranged so that the terms do not expire at the same time.
(b) 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 de-
termined 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.
(c) Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authorty 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, organization, and
activities as the Administrator may deem necessary to effectuate the
purposes of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper; and 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.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act, subject to the right of the Admin-
istrator on review to disapprove or modify any action taken by it:
(a) To present to the Administrator from time to time recom-
mendations based on conditions in the furniture industry as they may
develop which will tend to effectuate the operation of the provisions
of this Code and the policy of the Act.
(b) To cooperate with the Administrator in making investigations
as to the functioning and observance of any provisions of this Code
at its own instance or on complaint by any person affected, and to
report same to the Administrator.
(c) To issue rules, regulations, procedure, and interpretations as
may be necessary to effectuate the provisions of this Code.
(d) In individual cases where the enforcement of this Code would
create undue hardships, to modify, with the approval of the Ad-
ministrator, the application of provisions of this Code except those
which are mandatory under the Act and the provisions of Articles
III, IV (except Section 5), and V hereof.
(e) To investigate and inform the Administrator as to the im-
portation of competitive products into the United States in substan-
tial quantities or in increasing ratio to domestic production on such
terms or under such conditions as to render ineffective or seriously
to endanger the maintenance of this Code and as an agency for mak-
ing complaint to the President on behalf of the furniture industry
under the provisions of the Act, with respect thereto.
(f) To issue schedule of maximum trade discounts or allowances
for volume purchases to govern the sales of furniture by furniture
manufacturers, which, with the approval of the Administrator, after
such notice and hearing as he shall prescribe, shall thereafter become
a part of this Code.
(g) To designate an executive committee consisting of the Manag-
ing Director of the National Association of Furniture Manufac-
turers, Incorporated, and the Secretary of the Southern Furniture
Manufacturers Association and two others from its membership, and
such representation as may be designated by the President. The
Code Authority may delegate to the Executive Committee such of
its powers as it may deem necessary to effectuate the purposes of this
Code and to represent the industry before the Administrator.
(h) To designate agencies or subcommittees for the various manu-
facturing areas or divisions, which agencies or subcommittees shall
be representative of their respective areas or divisions, to assist it
in making investigations as to the functioning and observance of the
provisions of this Code, under rules prescribed by the Code Authority
and approved by the Administrator.
(i) From time to time to make to each association and/or division
recognized or to be recognized as a part of the Industry under the
provisions of this Code, such recommendations, including proposed
amendments of the Code, as in their judgment will aid the effective
administration of this Code or may be necessary to effectuate within
the Industry the purpose of the Act.
3. Within sixty days after this Code goes into effect the Code
Authority shall investigate and report to the Administrator con-
cerning the question of home work.
4. In order to provide data necessary for the administration of
the Act, as provided in paragraph (a) of Section 3 of the Act,
members of the industry shall furnish certified statistical informa-
tion with full protection to each member of the Industry as to the
confidential nature of the data, such as reports dealing with wages,
hours of labor, conditions of employment, number of employees,
production, shipments, sales, and other data pertinent to the pur-
poses of this Code and of the Act as may be required by the Admin-
istrator or by the Code Authority, subject to approval of the Admin-
istrator. The agencies collecting such statistics shall be the National
Association of Furniture Manufacturers, Incorporated, the Southern
Furniture Manufacturers Association, the National Association of
Manufacturers of Wood Office Desks and Tables, and the Wood
Office Chair Manufacturers Association, or any other agencies as
may be designated by the Code Authority, subject to the approval
of the Administrator. The Code Authority is hereby named as the
agency for coordination of such statistics for the Administrator.
All such information or copies thereof shall be furnished to the
Administrator upon his request.
In addition to the information required to be submitted to agencies
provided for in paragraph (1) of this Article, there shall be fur-
nished to Government agencies such statistical information as the
Administrator may deem necessary for the purposes recited in Sec-
tion 3 (a) of the Act.
AnTICLE VII-CosT PROTECTION
1. It is hereby declared to be the policy to be followed by all
members of the industry to refrain from destructive price cutting.
No furniture manufacturer, nor any partnership, corporation, firm,
association, or institution owned or controlled by a furniture manu-
facturer, shall offer, sell, or exchange, or agree to sell or exchange,
products of the furniture industry at a price or upon such terms or
conditions tliat will result in the customer paying for such products
less than their cost to the furniture manufacturer, except:
(a) To meet existing competition of lower cost producers on prod-
ucts of the same or equivalent design, character, quality, or specifi-
(b) As provided in Section (2) of this Article. In the case of
orders for future delivery, the term "cost" shall be based upon the
cost at the time of acceptance of the order.
2. Nothing in this section shall prevent any furniture manufac-
turer from selling at any price discontinued patterns (close-outs),
which he shall not again manufacture: The Code Authority may re-
quire reports of all such sales, and, with the approval of the Admin-
istrator, may adopt rules to prevent the use of close-outs as an un-
fair trade practice.
3. The Code Authority is hereby empowered to establish uniform
cost accounting methods for the Industry, subject to the approval of
4. For the purpose of encouraging accurate ascertainment of costs,
furniture manufacturers may report costs of furniture to their
trade associations to be summarized and which may be made avail-
able in consolidated form to those contributing to the summary pro-
vided that the name of those reporting shall not be divulged to any
other furniture manufacturer.
ARTICLE VIII-TRADE PRACTICES
The following practices constitute unfair methods of competition
for members of the industry and are prohibited:
1. Misrepresentation or False or Misleading Advertising.-The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or the credit terms, values,
policies, or services of any member of the industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
2. Secret Rebates.-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 pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
3. Commercial Bribery.-Directly or indirectly to give or permit
to be given, or offer to give, money or anything of value to agents,
employees or representatives of customers or prospective customers,
or to agents, employees or representatives of competitors' customers
or prospective customers, without the knowledge of their employers
or principals, as an inducement to influence their employers or prin-
cipals to purchase or contract to purchase from the makers of such
gift or offer, or to influence such employers or principals to refrain
from dealing or contracting to deal with competitors.
4. Piracy of Design.-The copying and/or reproducing of any
exclusive design or pattern, original in design or treatment, owned
by another furniture manufacturer, within two years of its intro-
5. Failure to Describe Products.-The failure to furnish to the
buyer on request a description of products, including the principal
materials of which it is made and other important attributes.
6. False Invoicing.-The withholding from or insertion in any
invoice of any statement making the invoice inaccurate in any mate-
rial particular, or which misrepresents the price or character of the
material content of the merchandise billed.
7. Terms of Sale.-Selling on more favorable terms than net 60
days or 2% cash discount within 30 days from date of shipment;
provided, that where it is the practice of a buyer to make monthly
settlement of all invoices, the manufacturer may allow the deduction
of the cash discount if payment is made not later than the 15th
of the calendar month following dates of shipment.
Notes may be accepted at the option of the seller, but must carry
interest at the rate of not less than 6 percent per annum to be paid
by the maker, and the invoices of such cases shall not be subject to
the cash discount. Anticipation of payment is permitted at the rate
of one half of one (1) percent per month for the unexpired cash
discount period. This provision shall not supersede any State law
on the subject.
8. Shipmrients.-The making of sale other than on the basis of
F.O.B. the factory, except where the buyer and seller are located in
the same city or metropolitan trading area.
9. Dating of Invoices.-The pre-dating or post-dating of invoices
except that the Code Authority may upon investigation issue such
regulations as it finds necessary with respect to dating on seasonal
10. The provisions of paragraph seven, eight, and nine of this
Article and the Provisions of Article VII shall not apply to sales for
export outside of Continental United States.
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 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 limita-
tion, to the right of the President to cancel or modify his approval
of this Code or any conditions imposed by him upon approval
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
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 X-MONOPOLIES, ErT.
No provision of this Code shall be so applied as to permit mo-
nopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
ARTICLE XI-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 in-
creases should be delayed, and that, when made, the same should, so
Sfar as reasonably possible, be limited to actual increases in the seller's
: ARTICLE XII-EFFECTIVE DATE
S This Code shall become effective on the first Monday after its
approval by the President.
Approved Code No. 145.
Registry No. 312-1-10.
UNIVERSITY OF FLORIDA
3 1262 08583 0429