Code of fair competition for the paper making machine builders' industry

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Material Information

Title:
Code of fair competition for the paper making machine builders' industry as approved on December 7, 1933 by President Roosevelt
Portion of title:
Paper making machine builders' industry
Physical Description:
1 p., 543-550 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Paper industry -- Equipment and supplies -- United States   ( lcsh )
Papermaking machinery -- 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:
"Approved Code no. 144."
General Note:
"Registry no. 1399-23."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931460
oclc - 31965843
System ID:
AA00008393:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



PAPER MAKING MACHINE

BUILDERS' INDUSTRY


1. Executive Order
2. LeRtter of Transmittal
3. Code






U. 3. Cl -P ITED ~n STATES
--VERNMENT PRINTINGjE~-T~~iNIN OFFICE
WASHINGTON s 1988


For sale h byhe Baperintendent of Docruments, Washington, D.C. . Price 5 cents


Approved Code No. 144


Registry No. 1399--23


AS APPROVED ON DECEMBER 7, 1933
BT
PRESIDENT ROOSEVELT
























This publication is for sale by the Superintendent of DEocuments, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
anld D~omestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OlF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, M~ass. : 1801 Custoinhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North WFells Street.
Cleveland, Ohio.: Chamber of Commerce.
Dallas, Tex.: Chamber of Comnmer~ce Building.
Detroit, Mich.: 2213 Fiirst National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamlber of Commerce Building.
K~ansas Cityr, MEo.: 1028 Baltimore Avenoue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal Building.
Memp~his, Tenn.: 229 F'ederal .Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N.Y.: 784 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commtercial Trust Building.
Pittsburgh. Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Of~fice B~uilding.
St. Ljouis, Mio.: 506 Olive Street.
Ban F'rancisco, Calif.: 310 Customhouse.
Seattle, Wash.: 800 F'ederal Building.














Approved Code No. 144


COD)E OFi FAIR COMPETITION
FOR THE

PAPER MAKING MACHINE BUILDERS' INDUSTRY;

JAs Atpproved on December 7, 1933
BT
PRESIDENT ROOSEVELT


.I


Executive Order

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 Paper Miaking Machine Builders' Industry,
and hearings having been held thereon and the Administrator hav-
ing rendered his report containing an analysis of the said code of
fair competition, together with, his recommendations and findings
with respect thereto, and the APdministrator 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 thne requirements of
clauses (1) and (2) of subsection (a) of section 3 of the said act
have been met.
NOWJ I'THER]EFiORE, I, Firanrklin 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 and recommendations
and findings of the Administrator and do order that the said code af
fair competition be and it is hereby~ approved.
FRANK(LIN~ D. ROOSEVELTL .
Approval recommended :
HUGfoH S. JOHINSON,
Admninis~trator.
THEE, HFIE IJOU3SE,
December 7, 19;33.


(543)


25685*-244--144---33













NOVEMaBER 23, 1933.
The PRESIDENT,
The W~hite HEouse.
SmR: This is a report on the Code of F~air Competition for the
Paper Making Machine Builders' Industry, the hearing having been
held in WSIashmg~ton, October 12, 1933, in accordance with the provi-
sions of the National Industrial Recovery Act.
PROVISIONS~ AS TO HIOULRS AND 'WAGES
Under this Code hours for work are limited to forty (40) per weekr
with a tolerance of ten (10) percent for employees engaged in care,
protection, and maintenance of plant and machinery and employees
engaged in stock keeping and shipping. Under conditions of sea-
sonal or peak demand a maximum of forty-eight (48) hours per
wek anbewoke urngno oereght()wesi i 6
months' period. Time and one half is paid for this overtime. TIhese
limitations of hours do not apply to executives, their immediate
assistants, heads of administrative depa-rtments, and field men, who
are receiving not less than thiirty-five (35) dollars per -weekr. Ac-
counting, clerical, office service, earning less than thirty-five (35)
dollars per week are limited to forty (430) hours per week on a
monthly average.
Mimimum wages have been set at forty (40) cents per hour for
employees engaged in shop operations, excepting duzly indentured
apprentices who are limited to ~five (5) percent of the factory em1-
ployees. Provision also is made for employment on light work at
wages below thie minimum, of those who because of age or mental or
physical handicaps are certified for such employment by the U7nited
States D~epartment of Labor.
The minimum, wage paid to atny other employees shall be not less
than fifteen1 (15) dollars per week, except in the case of office boys
and girls who may be paid not less than eighty (80) percent of thie
minimnum- wage. They are not to exceed five (5) percent of the
office force.
CHILD LABOR
The minimum ag~e for em~ploymenlt is set at sixteen (16) years,
with eighteen. (18) ;years the m~iinimum where operations or occupa-
tions are hazardous or detrimental to health.

ECONOMIC EFFECT OF THE CODE

This industry has suffered severely: from the depression. Ho~w-
ever, sinceopyerting under the President's Reem~ployment AgEree-rae
ment emloymnt as increased approximately 50pecnor
than 1,000 employees having been added. Pay rolls hrough reem-
ployment and wage adjustments have been increased proportionally
since June.






545


The industry is engaged in the design, building, and sale of con>
plete~ machines used In the manufacture of paper and ~paper board.
There are tenl (10) companies in this industry and while sales de-
clined from $17,000,000 in 1929 to an estimatedl $3,500,000 in 1933,
waged rates in line with the Code provisions generally have been
malntalned.
FIND)INGS

The Adlministrator finds that:
(a) Tlhe Code as recommended complies in all respects with? the
pertinent provisions of Title I of the Act, including, without limcita-
tion, subsc~tion (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
Paper Mlakingr Machnine B3uilders' Industry; and that
()The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises and will not operate
to discriinma~tef against them, and will tend to effectuate! thne policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
]Respectfully,
]HUGHat S. JOHNSON,
Administrator.














FOR THE:
PAPER MAKING MACHINE BUILDERS' INDUSTRYY


ARTIcI; I-PURPOSES

To effect the policies of Title I of the National Industrial Recovery
Act, this Code is submitted as a Code of ]Fair Competition for the
Paper Making 1Machine ]Builders' Industry, and upon approval by
the ]President, its provisions shall be the standards of fair compe-
tition for such industry anId shall be binding upon every member
thereof.
~AnaIcra II -DEFINITIONS

SECTION 1. The term Paper Makting Machine Builders' Industry "
as used herein shall mean the building and sale by builders of com-
plete paper making or paper board making machines.
SEc. 2. The term employee as used herein includes any person
engaged in anly phase of the industry in any capacity in the nature
of employee irrespective of the method of payment of his compen-
sation.
SEC. 3. The terma employer as used herein includes anyone for
whose benefit such an employ-ee is so engaged.
SEc. 4. The term member of industry includes any builder of
paper-mlaking machines who shall be subject to this Code;.
SIEc. 5. Thre term Memlber of the Code includes any member of
the industry who shall exP~ressly signify assent to this Code.
SEc. 6. The term "'Admmnistrator "shall mleanl the Adlministrator
of the ~National Industrial Rt~ecovery Act.
~ARTICLE IIT T10URS

S~cenes 1. NSo employer shall employ any employee engaged in
the making of the products of the industry, anld in labor operations
directly incident thecreto, in excess of forty (40) hours per week
or eight (8) hours in anly twenty-four (24) hour period; provided
that th~ere~ shall be a tolera~nce. of ten (10) percent lr employees en-
gaged in the e~nre, protection, and maintenance of plant and ma-
chmnery and employees engaged in stock: keeping and shipping, time
a.nd. one half being paid for all time worked in excess of eight (8)
hours per day or forty (40) hours per wreek.
SEc. 2. "lThe aboe. limitations of hours shall not apply) to con-
ditions of seasonal or peakr demand, for any department or depart-
ments, which create an unusiual and tempor~aryT burden for production
(546)


COD)E OF ]FAIR COMPETITION






547


or installation. In such cases such nuber of hours may be wForkledl
as are required by the necessities of the situation, but niot to exceedl
forty-eight (48) hours per week for any eight (8) weeks in any
calendar six (6) months' period, beginning October 1, 19:3:3: and each~
April 1. and October 1 thereafter; provided that in such splc~ial cases
at least time and one half shlall be paid for hours workedic in, excess
of eight (8) hours in any one day or forty (40) hours in any one
(1) wleekr.
SEc. 3. The above limitations of hours shall not apply to em-
ployees on emergencyT maintenance: or repair work?, or to very special
cases, where restrictions of hours of highly skilled workers would
unavoidably reduce or delay production, but inl anly such special case
at least time and one half shall be paid for hours wFPorked in excess
of eight (8) hours in any one dayr o~r forty (40) hours in any one
(1) week.
'SEC. 4. The above limitations of hours shall not apply to execu-
tives, their immediate assistants, heads of administrative depart-
ments, factory and office supervisors, technical engineers, oultcide
service men, and field salesmen (provided that no person receiving
less than th~irty-five (35) dollars per week shall be considered to come
under any of the foregoinlg exempted c~lassifie~ti ntion in this section),
and w~atchmlen, provided that the maximum hours of labor for watch-
men shall not exceed fifty-six (56) hours in any one week performed
in six (6) day-s out of any seven (7). conincercl ofc
SEc. 5. ~No employer shall woknycoutgleiaoic
service, offce sales, express or delivery, or other employee nrot
described in Sections 1, 3, and 4 of this Aitrticle more than forty (0
hours a week: on a monthly average, nor more than forty-eight (8
hours in any onre week.
SEC. 6. No employee shall work or be p~ermlitted to wor)lk for a total
number of hours in excess of the number of hours prescribed for each
week and day whether employed by onle or more employers.
ARTCLE, IV- AGES

SECTION 1. The minimum wage that shall be paid by any employer
to any employee engaged in the making of thne products of the indus-
try, and in labor olwerations directly incident thiereto, shall be forty
(40) cents per hour.
SEc. 2. This Article IV .establishes a guaranteed minimum rate
of pay regardless of whether the employee is compensated on the
basis of a ~time rate or on, a piecewpork performla nce..
SEC. 3. The minimum wage that shall be paid by any employer,
to any other emloyvee shall not be less than fifteen dollars ($15.00)
per week; provided,~ however, that office boys and girls may be paid
not less than e-ighnty (80) percent of the minimum wage established
in Section 2, but the total number of such offce boys and girls shall
not exceed in any calendar month fiv~e (5) percent of the tota-l number
of office employees employed by such employer during such month
but each employer shall be entitled to two (2) such employees.
SEC. 4. Nothing in this Article IV shall apply to, or affect, any
employee apprenticed to any employer by an indenture made. in
pursuance of the laws of any state of the United Stat~es, or by a






548


written contract under any apprentice system established and main-
tained byg an employer, provided that each indenture and contract
shall be filed with. the Code Authority, and provided further that
this exception shall apply to an employee only during the period
that he is receiving less than the minimum rate; provided further
that such apprentices employed by any employer shall not exceed
5%0 of the total number of factory employees employed by such
employer, but each employer shall be entitled to employ two such
apprentices.
SEC. 5. Where not already made, equitable adjustments of rates of
pay shall be made for employees in higher classifications than those
receiving the minimum wage, and in no case shall they be decreased
as a result of this adjustment of hours.
SEO. 6. No employer shall change the classification of occupation
of any employee as existing on June 16, 1933, for the purpose of
defeating the purposes of the Act.
SEc. 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 Ctode if the employer
obtainls 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.
AnaxfcUE V---CIFum LABOR

~No person under sixzteenl (1_6) years of age shall be employed in
the industry, nor anyone under eighteen (18) years of age at opera-
tions or occupations hazardous in nature or detrimental to health.
The Code Authority shall submit to the Administrator before Jan-
uary 1, 1934, a list of such occupations. In any St-ate an employer
shall be deemed to have complied with this provision, if h~e 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.
AnTICiaE VI--CODE AUTHORITY

SECTION 1. To further eflFectuate the policies of the Act, a Code
Authority is hereby set up to cooperate with the A~dmin istrIa tor in thne
Administration of this Code.
SEc. 2. The Code A1luthority shall consist of a Code Committee of
three members appointed by the Board of D~irectolrs of the Palper
Machine Builders' Association. and one or more nonrvoting memrlbers
ap ocintedl by the Administrator in his discretion.
;tEc. 3. In order that the Code Authority shall be at all times
truly representative of the industry and in all 1respects comply with
the provisions of the Act, the Admlinistrator may provide such hear-
mngs as he may deem. necessary, and thereafter if he shall find that
the Code Author~ity is nlot truly rerees~e~nttive or does not in other
respects comply with the provisions of th~e Act he maS :re~qu~ire an
>plropriate modlifcation in the method of selection of the Code
LIutority.






549


SEc. 4. Any member of the industry is eligible for membership
in the Paper Miac'hine Buildecrs' A.s.-ino~~tionl and ther~le shall be no
inequitable restrictions on such membershl~iiip .
SPXEc. 5.1 Al embers of the indlustry shanll be entitled to share the
benefits of its activities, and all wlho accept su(~ rch nefits shall bear
their propor~tionate share of the expense of maninltainin the Code
Authority and its activities.
SEcr. 6. With a view to keeping the President informed as to thte
observance or nonobservannce of this Code, and as to whether the
induslltry is takli~ng appropriate steps to effectuate the drclarIed policy
of this Act, each member of the industry, if and when requir~ed by
the Administ~rator, shall prepare and file with such person or orgami-
zation as the Code Authority may designate, and at such times and
in such manner as the Code Authority may p~resribile, statistics as to
number of employees, wage rates, employee earnings, and hours of
wvorkz, which information shall be confidential, except that for the
purposes of admninistering this Code, and subject to thle approval of
the ABdministrator, the Code Authority may have access to such
information.
SEItc. 7. In addition to the information required to be submitted
to the Code Authiority, there shall be furnished to the Government
agencies such statistical information as the Administrator mayT deem
necessary for thie purposes recited in Section 3 (a) of the Act.
ARTICLE VII--UNrAIR TRADE PRACTICES

SECTION 1. The secret payment of or allowance of :rebate~s, refunds,
credits, subsidies, or unearned discounts, whether in the form of
money, material, or otherwise, is an unfair trade practice.
Sm1. 2. TIlhe willful inte~rferenrce by- any member of the industry by
any means or device whatsoever with any existing contrn~t betwPeen
a member of the industry and his seller or a purc~has~r, is an unfair
trade practice.
SEC. 3. The defamation of a competitor by words or acts which
falsely impute to him dishonorable business conduct, inability to per-
form his contracts, questionable credit standing, or which misrepre-
sent or falsely disparage the grade, quality, or prices of his goods, is
an unfair trade practice.
.ARTICLE: VII[IGENERALB

SECTION 1. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from interference, restraint, or coercion of employers of labor,
or their agents, in the designation of such representatives or in self-
organization or mn other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
SEC. 2. No employee and no one seeking employment shall be
required as a condition of employment to join any company umion or
to reframn from jommig, orgamizmg, or assisting a labor organization
of hiis own choosing; and
SEC. 3. Employers shall comply with the maximum hours of labor
minimum rates of paty, and other conditions of employment approved
or prescribed by the President.






550


SEc. 4. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provision
of Subsection (b) of Section 10 of the National Industrial Recove
Act, from time to time to cancel or modifrT anyodrapov
license, rule, or regulation iissued under T1itleI of saidodr apoA~ct atnt
specifically, but without limitalt ions, 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.
SEc. 5. Within each State, members of the inrdustry shall comply
with any laws of such. State imposing more strign eurmns
regulating the age of employees, wages, hour ofen wrk, orhealnth,
fire, or general wTor~king conditions, than under this Code.
SEc. 6. Such of the provisions of this Code as are not required to
be included therein byT the National Industrial Recovery Act may
with the approval of the President be modified or eliminated as
changes in circumstances or experience may indicate. lIt is contem-
plated that from time to time supplementary provisions to this Code
or additional codes may be submitted for the approval of the Presi-
dent to prevent unfair competition in price and other unfair and
destructive competitive practices and to effectuate the other purposes
and policies of Title I o~f the National Industrial Recovery Act con-
sistent with the provisions hereof.
SEc. 7. All employers shall post complete copies of this Code in
conspicuous places accessible to employees.
AnarcLE IX;--E]FFECTIVE DATE ANTD TERMlINATION

This Code shall become effective on the second Monday after its
ap~prova"l by the President of the Ulnited States and shall cease to
be operative when Title I of the National Industrial Recove~ry Act
shallZ cease to be in effect.
Approved Code No. 144.
Registry Nlo. 1399-23.
















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UNIVERSITY OF FLORIDA
II 111 I11111#ll III I II 11 I
3 1262 08582 9033