Registry No. 302-1--02
NATIONAL RECOVERY ADMINISTRAtlON
i PROPOSED CODE OF FAIR COM P~TTITIs
CL ~tCOOPERAGE INDUS 8$II!
AS SUBMITTED ON AUGUST 29, 1933
UNIV. OF- FL LIS. WE DC QUR PARt
The Code for the Cooperage Industry
Sin its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
fi .UNITED STATES
'i,". i~GOVIERNMENT PRINTINGC OFFICE
~ WASHINGTTON: 1983
by1~~ the Bu~~~~~pppppperitendent ofDo cumnts Washington, D.C. Pries 5 cnte
TENTATIVE CODE OF FAIR COMPETITION FOR THE
COOPERAGE INDUSTRY PROPOSED BY THE ASSOCI-
ATED COOPERAGE INDUSTRIES OF A1MERICA
It is hereby declared to be the purpose of the Cooperage Industry
to eliminate unfair competitive and unfair trade practices within
t~he industry,_ to increase. pu~rchasingr power and improve standards
of labor, to induce and maintain united action between labor and
management under governmental supervision, and in general to
promote and protect the welfare of this industry in accord with
Title I of the National Industrial Recovery Act.
The Executive Committee of The Associated Coopers.ge Indus-
tries of America shall constitute the Executive Authority in the
administration and enforcement of this Code. It shall be the gen-
eratl planning and coordinating agency for the industry, shall se-
cure adherence hereto, hear and adjust complaints, consider pro-
posals for amendments hereof and exceptions hereto, and otherwise
carry out the purposes of this Code as set forth in the Act, includ-
ing the making and enforcement of rules a.nd regulations not in-
consistent with the provisions hereof.
The industry shall be divided into Divisions as set forth below,
and into such other Divisions or Classes as may hereafter be deter-
mined 'by the Executive Committee. The E~xecutive Committee
shall appoint appropriate Code Committees or other agencies in
each Division for the administration of this Code within such Di-
vision; may delegate to such agencies all necessary power and au-
thority for the administration of this Code within such Class or
Division, including the adoption of divisional and subdivisional
Code provisions not inconsistent with this Code; but said Executive
Committee shall reserve and retain generally the power and duty
to enforce the provisions of this Code.
The word "L persons as used herein includes any individual, firm,
partnership, association, or corporation. Membership in The As-
sociated C~ooperage Industrie~s of America shall be upon terms of
equality to all persons engaged in anyv branch of the sooperage
industry, including distributors and dealers in both new and second-
hand cooperage and cooperage stock.
All persons subject to the jurisdiction of this Code shall from
time to time as required makre in confidence to the party empowered
to receive same, such reports on wages, hours of labor, conditions
8970---33 [1 1
of emp~loymentnt number of employees, production, shipments, sales,
stocks, prices, and other data pertinent to the purposes of this Code,
shall permit inspection of pertinent records, and shall from time to
time, upon demand, pay to this Association its proportionate share
of the amounts necessary to defray all expenses incurred in effec-
tuating within the industry the purposes and requirements of the
National Industrial Recovery Act.
Divisions of the industry are hereby established as follows:
(1) Slack Barrel and Keg Division.
(2) Slack Stave, Heading; and Hoop Division.
(3) Tight Barrel and Keg Division.
(4) Tight Stave, Heading and Hoop Division.
(5)Bee St.ave, Heading and Coooperage Division.
()Fir Stave, Heading and Cooperage Division.
(7i) White Pine Stave, Heading and Cooperage Division.
ARTICLE V--LABOR PROVISIONS
(a) No person under 16 years of age shall be employed or per-
mitted to work in this industry.
(b) Employees of persons subject to thle jurisdiction of this Code
shall have thle right to organize and bargain collectively through
representatives of their own choosing, and shall be free from the in-
terference, restraint, or coercion of employers of labor, or their
agents, in the designation of such representatives or in self-organi-
zation or in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
(c) N~o employee of persons subject to the jurisdiction of this
Code, and no one seeking employment from such persons, shall be
required as a condition of employment to join any company union
or to refrain from joining, orgamizmg, or assisting a labor organli-
zation of his own choosing.
(d) Persons subject to the jurisdiction of this Code agree to com-
ply1 with the miaximum hours of labor, miinimum rates of pay, and
other conditions of employment approved or prescribed by the
President pursuant to the provisions of the National Industrial
(e) It is clearly understood that nothing in this Code shall imn-
pair any Constitutional rights of the employee and employer, in-
cluding the: right to bargain individually or collectively as may be
mlutually satisfactory to them; nor impyair the joint right of em-
ployee and employer to operate an open shop, such right and shop
being considered as conforming to the following statement by
Administrator H. S. Johnson:
"An open shop is a place where any mian who is competent and
whose services are desired will be employed, regardless of whether
or not he belongs to a union. That is exactly what this law says.
The statute cannot be qualified. The law clearly states that there
shall not be any requirement as to whether or not a man belongs to
(f) Nothing in this Code shall be construed to interfere with or
:Iprevent the selection, retention, and advancement of employees on
~the basis of their individual merit, without regard to their affilia-
tion or nonaffiliation with any labor organization.
(g) Nothing in this Code shall authorize any change in the maxi-
mum hours of labor, minimum rates of pay, or other conditions of
employment specified in this Code, without the agr~eemnent of a truly
representative association or group of the. trade or industry, or sub-
division thereof, to which this Code applies.
ARIrriLE VI- 10URS OF LABOH
The maximum hours of labor of employees subject to the juris-
diction of this Code shall be forty (40) hours a week in the manu-
facture, recoopering, repairing and distribution of cooperage, and
forty-eight (48) hours a week in the production of staves, heading,.
and Ihoops, subject to the following exceptions:
1. The provisions herein shall not apply to watchmen, firemen,
outside salesmen, repair and maintenance, transportation and ship-
ping employees, those employed solely in executive or supervisory
work, and temporary employment in cases of emergency.
2. Seasonal employment in excess of the standards herein where
operations are necessarily limited by climatic or other physical fac-
tors to less than 12 months in each year.
3. Frme~rs and other persons producingr by their own manual
labor and selling their products to members hereof.
4Q. Work on cooperage required for export trade, for packing
house, dairy, agricultural, and all perishable food products, and also
for beer and whiskey.
ARIrrCLE V~~-\II-IEIMmo V(AGES
The minimum wages for common labor which shall be paid by
persons subject to the jurisdiction of this Code shall be as follows:
(1) In all cooperage shops, thirty (304) cents per hour, subject
to the following exceptions:
(a) for boys between 16 and 18 years of age it shall be twenty
(200) cents per hour;
(b) in the manufacture of potato and apple barrels it shall be
twenty (204) cents per hour.
(2) In mills producingr stavpes heading, and hoops for cooperage,
twenty ('204) cents per hour.
These mlinimumn rates of pay are guaranteed regardless of whether
the employee is com~pensatedl on the basis of a time-ra.te or piecework
performance, and semiskilled and skilled labor shall be compensated
at wage rates equitably higher than common labor.
ARIrrcxx VIII--SEILING PRICES
The sale of any product by a member of the industry at less than
his cost of production or replacement cost, including the cost of all
materials or elements recognized in accounting for Federal income-
tax returns, is hereby declared to be an unfair trade practice; pro-
vided, however, that in exceptional cases or for exceptional reasons
permission may in its discretion be given by the Executive Com-
mittee to make such sales at less than such cost, in which event
members shall receive the refusal of purchasing at such less than
ARTICLE IX--CANCELLATION OR MODIFICATION
This Code or any of its provisions shall be cancelled or modified
and any approved rule issued hereunder shall be ineffective to the
extent necessary to conform to any action by the President under
.Section 10 (b) of the National Industrial Recovery Act in cancella-
tion or modification of any order, approval, license, rule or regula-
tion pertaining thereto.
(a) This Code is not designed to promote monopolies and shall
not be availed of for that purpose.
(b) The provisions of this Code shall not be so interpreted or
administered as to eliminate or oppress small enterprises or to
-discrimlinate against them.
Violation .by any persons subject to the provisions of this Code
or any provision of this Code, or of any approved rule issued here-
-under, is an unfair method of competition, and the of ender shall
ARTICLE XII--EFFECTIVE DATE
This Code and amendments thereto shall be in elfect beginning
ten days after its approval by the President.
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