f' ... "
The Code for the Cooperage Industry
.In 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
n the National Recovery Administration
as applying to this industry
GOVEENA6ENT PRINTING OFFICE
r, ; ~~/' L" i,
Registry No' 802 48;/
ii i;i' .''I
NATIONAL RECOVERY ADMINI TRA6TION
PROPOSED CODE OF FAIR. CO ET ION
AS SUBMITTED ON SEPTEMBER 1, 1933
WE~ DD OUR PART
11o sl~e byp the Superintendent iof Document WashingtonD.O. - Price 5 cents
i jj/ i i:ii/l
THE ASSOCIATED COOPERATE INDUSTRIES OF AMERICA
CJI~IAT~ENTTV CODE OF FAIR COMPETITION FOR THE
:.T COOPERAGE INDUSTRY
PROPOSED BY THE ASSOCIATED COOPERAGE INDUSTRIES OF
It is hereby declared to be the purpose of the Cooperage Industry
to eliminate unfair competitive and unfair trade practices within the
industry, to increase purchasing power and improve standards of
labor, to induce and maintain united action between labor and man-
agement 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 Coooperage Indlustries
of America shall constitute the Executive Authority in the admninis-
tration and enforcement of this Code. It. shall be t~he general plan-
ning and coordinating agency for the industry, shall secure adher-
ence hereto, hear and adjust complaints, consider proposals for
amendments hereof and exceptions hereto, and otherwise carry out
the purposes of this Code as set forth in the Act, including the mak-
ing and enforcement. of rules and regulations not inconsistent with
the provisions hereof.
The industryV 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 Executive Comnmittee shall
appoint appropriate Code Committees or other agencies in each Divi-
sion for the administration of this Code within such Division; may
delegate to such agencies all necessary power and authority for the
administration of this Code within such Class or Division, including
the adoption of divisional and subdivisional Code provisions not in-
consistent with this Code; but said Execut~ive Committee shall reserve
and retain generally the power and duty to enforce the provisions of
The word "L persons as used herein includes any individual, firm,
partnership, association, or corporation. Membership in The Asso-
ciated Cooperage Industries of A~merica shall be upon terms of
equality to all persons engaged in any branch of the cooperage in-
'dustry, including distributors and dealers in both new and second-
hand cooperage and cooperage stock.
z oLso---as (1)
All persons subject to the jurisdiction of this Code shall from
time to time as required make in confidence to the party empowered
to receive same, such reports on wages, hours of labor, conditions
of employment, 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 effectu-
ating within the industry the purposes and requirements of the
National Industrial Recovery Act.
Divisions of the industry are hereby established as follows:
()Slack Barrel and Keg Division.
()Slack Stave, Heading, and Hoop Division.
(3) Tight Barrel and Keg Division.
(4) Tight Stave Heading, and Hoop Division.
(5) Beer Stave, heading, and Cooperage Division.
(6) F'ir Stave, Heading, and Cooperage Division.
(7i) White Pine Stave, Heading, and Cooperage Division.
ARnormL 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 the jurisdiction of this Code
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-organiza-
tion or in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection.
(c) No 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 reframn from joinung, orgamizmg~. or a~ssistmng a, labor organxza-
tion of his own choosing.
(d) Persons subject to the jurisdiction of this Code agree to com-
ply with the maximum hours of labor, minimum rates of pay, and
other conditions of employment approved or prescribed by the Presi
dent pursuant to the provisions of the National Industrial Recovery
(e) It is clearly understood that nothing~ in this Code shall im-
pair any Constitutional rights of the emnployee and employer, in-
cluding the right to bargain individually or collectively as may be
mutually satisfactory to them; nor impair the joint right, of employee
and employer to operate an open shop, such .right and shop being
considered as conforming: to the following statement by Administra-
tor H. S. Johnson:
"LAn open shop is a place where any man 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 q~ualified. The law clearly states that there
sshalL-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
~prevent the selection, retention, and advancement; of employees on
the basis of their individual merit, without regard to their alliiation
or nonaflliation 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 agreement of a truly
representative association or group of the trade or industry, or sub-
.division thereof. to which this Code applies.
A~nnou VI-HoUns or LABOR
The maximum hours of labor of employees subject to the jurisdic-
tion of this Code shall be forty (40) hours a week, in the manufac-
ture, recoopering, repairing, and distribution of cooperage, and
forty-eight (48) hours a weeki in the production of staves, heading,
and hoops, 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. Farmers and other persons producing by their own manual
labor and selling their products to members hereof.
4. Work on cooperage required for export tradeput, for packngouse,
dairy, agricultural, and all perishable food proutadas o
beer and whiskey.
ARTICLE VII-MAINIMUM1~ WAGCES
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 (300) 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 (20$) cents per hour.
(2) In mills producing staves, heading, and hoops for cooperage,
twenty (204) cents per hour.
These minimum rates of pay are guaranteed regardless of whether
the employee is compensated on the basis of a time-rate or piece-
work performance, and semi-skilled and skilled labor shall be com-
pensated at wage rates equitably higher than common labor.
AnRTcLE VIII--SELLNG 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 ofi purchasing at such less-tha~n-
A~nnor IX--CANGEILAHONV 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 Ind~ustrial Recovery Act in cancel-
lattion or mo~dification 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 dis-
criminate against them.
ARTICLE X TI-VoLBows
Violation by any persons subject to the provisions of this Code or
any provision of this Code, or of any approved rule issued hereunder,
is an unfair method of competition, and the offender shall be subject
to the penalties imposed by the National Industrial Recovery Act.
ARTICLrE XII--EFFECTIVE DATE
This Code and amendments thereto shall be in effect beginning ten
days after its approval by the President.
UNIVERSITYII OFIIIII FLORI DA IR#II