Code of fair competition for the wax paper industry as approved on December 18, 1933 by President Roosevelt


Material Information

Code of fair competition for the wax paper industry as approved on December 18, 1933 by President Roosevelt
Portion of title:
Wax paper industry
Physical Description:
p. 233-241 : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Paper products industry -- Law and legislation -- United States   ( lcsh )
Paper coatings industry -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 411-01."
General Note:
"Approved Code No. 166."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931429
oclc - 63654697
System ID:

Full Text

I. we no nue pAy3


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


I' I
For sale by the Superintendent of Doculments, Washington, D.C. - Price 5 cents

Approved Code No. 166

Registry No. 4I11-01






This publication is for sale by the Superintendent of Documents, Government
Printing Office, WFlashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commec.


Atlanta. Ga.: 504 Post Office Building.
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M\innezltpolis, Minn.: 213 F'ederal Building.
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New York, N.Y.: 734 Customhouse.
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Philadelphia, Pa.: 933 Commercial Trust Building.
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Ban F'rancisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federall Building.

Approved Code ]No. 166



As Approved on December 18, 1933

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 1_6, 1933, for my approvr~al of a Code
of Fair Competition for the W~axed Paper Industry, and hearings
having been held thereon and the Admlinlistrator 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 Admninistrator 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. TH[EREFORE, I, Firanklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by title I of
the hNational Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the ALdministrator and do order that the said code of fair
competition be and it is hereby approved.
Approval recommended :
A dm~~ inis~~ltrato.
December 18, 1933.

277i420--200G-20~-- >

4 233)

I)ECEMlBER 1_2, 1933.
The WhFite Houlse.
Sma: This is a report of the hen ring on the Code of Fair Com-
petitio:n for the W~iaxed~ Paper Industry, conducted in W~ashington
on Oc~tl:b1er 21, 19,33, in ncc.ordannce with the provisions of Title I
of the Nliational Indust~rial 1Recovery Act.

The Cod~e p~rovides for a standards forty-hour week with provision
for averagrilgr to meet peak deml~ands and~ for ov-er~time for hours
worked in excess of eight per day. The usualn exceptions are m~ade
in relation to incidtental. nonproducing employees.
The minimum wage rante is 400L per hour in the North and 354
per' hour11 in the South w-ith a femarle differential of 54 in both. cases.
Women doing the sal-t-me rk as men must receive the same pay.
The mlinimnuml for office employees is $16.00 per wFeek; in cities of
25,000 or more and $15.00 in smaller plnces.

The Coderl con~ltains the usual provisions for ~filing reports and
an open price selling planl.

The bus-iness of this industryT is the mannufactture of wanxed paper.
The ulse of this material for food wrapp~-ing purposes has been
steadily gro-wing. Consequently thlere is no unemaployment in the
industry. Tler~e wetrle about 1,900 employees in. 1929, and this
number wvill be increa~nsed~ to about 2,900 under the Code.
Total p~ay rolls have or will be increased by about onle quarter
million dollars.

The Administrator finds that-
(at) The Codet a.; recomllmendedl comuplie s in. all respects with. the
pertinent provisio~ns of Title I of the Atct, includ~ing without limita-
tion, sublsctr~ion (a) of Section 7 and subsectio~n (b) of rSection 10
tlth1erof ; and that
(b) Thle applicant group imlposes no .inequitlble. restrictions on
admision t nwmership therein and is truly representative of the
Waxned PapIer Indullstry; andl that
(c) T'he Codle as recommended is not designed to promote monop-
olies or to eliminalte or oppress small enterprises and will not operate
to rli-cr~iminate against them, and will tend to effectua~te the policy
of Title I: of the N~ational~l Indlu;t~rial RIecovery Act.
It is rc'cnmmelt nded,, therlefore, that this Code be! approved.
terSpectfully submitted.
I-~van S. JoansoN,



To effectuate the policies of Title I of the National Industrial
Recovery Act, the following is hler~eby estab~lishedl as a Code of Fair
Competition for the above-named Industry and shall be binding on
every member thereof.

The following w)Iords are used in this Code with the meanings
herein set forth.
Industry "-Coating and/or imrprecgnatinlg paper (but not paper-
board) with paraffn or mineral oil, but excluding the processing of
paper for use as fruit wrappers and the processing of oiled-shredded
paper for fruit packing.
'' Member '"--A natural person, partnership, corporation, associa-
tion, trust, trustee, trustee in bankrruptcy or receiver engaged in such
Act "--Title I of the N~ational Industrial Rec~ove~rya Act.
"L Administrator he National Industrial Recovery ALdministra-


1. The members of the Executive Conunitt~ee of the ~American
Wea xed Paper Association, together with such other person. or peIcrlso
as the Adlministrator ma~y designate are hereby constituted the C~ode
A Ithority of the Industry. The members of the Code A~uthority
designated by the Adminisl~t~ t orat shall act in an advl~isory3 capacity
and shalll have no vote.
2. The said Association shall file with the APdmninistrator certified
copies of any amendments of its Bi3ylaws r~elating~ to eligibility or
admission to membership in such Association, or relating to the
method of selection of the mlemb~ers of such Executiv-e Committee.,
which suc-h Association may hlereafter adopt.
3. The! Administrator may at any time prescribe a different method
for selecting the Industry members of the Code Authority, anc'
there after, such~ members shall be chosen in the ma,7nner so prescribed.
4. The Code Authority is charged generally with the duty of
administering this Code undler the sancrtion and with thec approval
of t he Ad~minist rator. Atll acts of the Code Authority shall be sub-
ject to review by thle! Administrantor and to suspension, modification,
or cancellation byr him in any case in which he shall determine that
such act violates the purpose of the National Industrial Recovery A8ct



5. The expetn-es of administering this Codle shall be borne pro
rata, in ne(corIdance with a formula to be adopted by the Code, Au-
thority,7 by all membersI of such Indulstry3 who accept the benefit of
the services of the Code ~Aulthority or otherwise assent to this Code.
6. The Code Au~thrl-it~y shalnl have power to investigarte alleged
violations of this Code and acts or courses of conduct by any member
which are or appear"' to be contrary to the policy of the Ajct or which
tend or mary tend to render inecffiective this Code, and to rIep~ort the
same with r'ecommendat l C':IionsS to thne Administrator.


1. Employees in the Indrus~try shall not be required or permitted
to work hours in excess of the limits prescribed in, the following


(a) W~atchmen: Eight (8) hours in any one day and fifty-six (56)
hours in any one wree~k.
(b) ChauffearsI, tru~ck~men, engineers, and firemen: One hundred
sixty-eighit (168) hours in any period of four (4) consecutive weeks,
provided, however, that time workedl~~ in excess of nine (9) hours
in one day shall be paid for as not less than time and one third.
(c) All other labor-rc, mechalnied~ workers, or artisans employed
in any plant, mill, or factory or on work connected with the operation
of such plant, mill, or factory: An average of forty (40)hours per
week: in anyr period of twecnt~y-six (26) consecutive wees but not
more tha~n forty-eight (48) hours in any one week, provided, ho~w-
ever, that time worked in. excess of eight (8) hours in any on day,
shall be paid for as not less than time and one third.
(d) Executives and their pe-~srsonl secretaries and other emnployetes
engagedt' in, a supervisory capacity and chemists receiving $35 or more
per we~ek and outside salesmen: No limitation.
(e) AL-ll other employees: An average of forty- (40) hours per w~eek
in any period of thirteen. (13) consecutive weeks, but not more than
forty-eight (48) hours in any one week.
2. Nto limitation contained in said Schedule shall apply to emp-
ployeess of any class when engaged in. emergency repairs or emer-
gency mal~int~enance workr occasioned by break-downs or involving pro-
tection of life or property; provided, however, that time worked
under this sectlion in excess~ ofr eight (8) hours in any one day andi
forty (40) hours irr any onle week shall be paid for as not less t~hanl
timelt and one third.
3. ~No employe3e shall be permitted to work for two or mor~e mem-
ber~s of the indlustry3 an agregar~te. number of hours in excess of the
numbellr prescribdcc in said Schedule.
4. No memllber shall operate his plant in excess of 144 hours per

1. TIhe m~inimulm rante of w~ages of any aoemcaia okr
or artisan employed in, anly plant, mlil l, or factory or on work con


nectedl with the operation of any such plant, mnill, or fnctory shall
be as follows:
(a) Naorthern Zone, which shall co-nsi t of all of the territory of
the Uniited States except the States Inamedl in subdivision (b) :
Male labor, 40 cents pecr hour
Femnalez InILor, 35 cents per hou~lr
(b) Soultherln Zone, which shall co~nsist of the State~s of V~irgrinia,
Kentuck, Tennessee, )Northl Caro-lina, South Carolina, G~eorg~in, lor-
ida, Alabama, M~ississippi, L~uisjiann, A~kain-as, and Texas:
3Male labor, 35 cents per 'houlr
Female labor, 30 cents per hour
2. PiecewTor~kers shall be paid at rates which will yield a worker
for an hour's work; not less thanl thle minimul~m ra~te above prescr~ib~ed.
3. The minimunlr m rates of wages for all other employees except
comnmissio~n salesmen shall be as follows: Sixteen dollars ($16) per
week in any city of 25,000 poplalltion or over, and fif~teenn dlollnr~s
($15) per week: in any city or town of less than 25,000 popuilationl.
4l. Female employees performingr sub~stantially the same work
under the same cornditions as male emlployee~s shall receive the same
rate of pay as male employees. The Code Authority shall within
901 days after the effective date of this Code file with the Adminis-
t.rntor a description of all occupations in the Industry in which
both men anld women are employed.
5. The wage rates of all emplo-yees receiving more than, the mnini-
mluml rates herein prescr~ibedi shall be reviewed and such adjust-
mnents, if any, made therein as are equ~itab~le in the lighlt of all th~e
circumstances, and wriithin sixty (60) days after the effective date
her~eof, the Code Auth~ority shall report to the Adm~inistratorl the
action tak-en by all memnbers of the Ind~ust~ry ulndrlc this Section.
6.Aperson whose? earnmgr enpacity is limited because of age or
physical or mental handicap may be emplloy~ed on flight~ w~ork at a,
wrage of not less than 80%0 of the minimum prescribed by this Code,
providedl the State. Authority designated by the United States
Department of Labor shall have issued a certificate authorizing his
employment on such basis. ]Each member shall file with the Code
Authority a list of all such pers~ons empl-loyed by him. The pro-
vision of this Section requirigg a certificate of authority shall not
become effective until sixty days after the effective date of thnis
7~. Office boyvs and girls under 18 years of age may be employ-ed
at a wage of not less t~han 80%/ of the minimum pr~escr~ibe d b~y
Section 3 hereof, prov-ided t'hat not more than 5%a of the emplloyees
of such class may be paid as office boys and girls.
AnnexasE V--GENERAL LABOR PnovisTons

1. No person under sixteen (16i) years of age shall be employedi
in t.he Industry. ]No person under eighteen (1) ears of age shall
be employed at operations or occupations hihare hazardious in
nature or dangerous to health. The Code ~AuthorityT shall submit
to the Admzinistrator within sixty (60) days after the effective date
of this Code a list of such operations or occupationrs. In any State
an employer shall be deemed to have complied with this provision


as to age if he shlall have on file a certificate or permit duly signed
by the authority in such State emnpowered to issue employment or
age certificates or permits, show7cingf 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 chooig ndsalb
free from the interference, restraint, or coercio~n 'of empshloyerso
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities f~or the purpose
o~f collective bargaining or other mutual aid or protection. No emz-
ployee and no one seeking employment shall be required as a con-
dition of employment to join any company union or to refrain
from joinmng, organizing, or assisting: a labor organization of his
own choosing. 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. No provision. in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of workl, or as to safety, health, sani-
tary or general working conditions or insurance or fire protection,
than are imposed b~y this Code.
4. No employer shall reclassify employees or duties of occupations
performed or engage in, any other subterfuge for the purpose of
defeating the purposes or provisions of thne Act or of thiis Code.
5. All employers shall post copies of Articles III, IV, and V of
th~is Code in conspicuous places accessible to employees.
6. Every employer shall make reasonable provisions for the safety
and health of his employees at the place and during the hours o
their employment. Standards for safety and health shall be sub-
mitted by the Codte Authority to the Administrator within six: (6)
months after the effective date of this Code.
7. No provision in this Code shall supersede provisions as to hours,
wages, and conditions of employment which are established for
specific projects by competent governmental atuthorit 't,y actin2,g in
accordance with law, or to terms of employment whichreetb
lished by labor agreements no~w in force, where either th~e wagaes are
higher or the hours of labor are shorter, or both than are those set
forth in this Codle.
8. The Code Authorityr shall make a study of conditions in the
industry to determine the feasibility of the adoption of a shr~te~r
working weekr and shall, within thre-e (3) months after thie effective
date of this Code, make a report of its findings to the Adminis-
trator. The Code ~Authority shall also submit to thle Adlministr~ator
within six (6) months after the effect~ivet date of this Code, a plan~
for thne stabilization, anld regularization of employment.

1. Thle Code Authority shall, as soon as pralct icabtle, formlate~i~t a
standalrld method of ne<*oulntingr and coctingr for the indusrtry3 and
siubmli t the samnle to the? AdmIni nist ra tor. ACnly such method shall pro-
vide mneanis for cleterminiii ngr the pr~ice at which paper shall ber cha~rged
to the converting6 divisioni of a, combl.inedl paper mlalnufacturin g~ and


converting plant. When such m~ethoc d shall have been approved by
the Administrator, every memberl shall risc an almounting and creating'
systems which conforms to thne principles of, and is at least us dectai~cld
and complete as, such standardl metiodl.
2. Each member shall, on or before 30, day-s after the effective
date of this Code, file withr the Code Authiorit~y complete sc~hedulet; in
such formn as the Code Atuthority shall pr~c~rib~e of prices and terms
and conditions of sale for domestic consumption (including all dli tfer-
entials, discounts, trade allowances, and special charges), of all prod-
ucts off'eredcl for sale by such mbeandl shall so file all ubllseqc~uent
cha~nges therrein or revilsions thereof at least five! da~ys prior to the
elffectiv-e time of any such ch~ng~es or rev.isionsll. When any ruembller
shall file any such schedule or anry revision~ thereof, any other mem-
ber may also file a :revision of his own schedle~~~ to become e~fflectivre
as of the same time as such first men~tiondcr she~dule. The~ Code
Authority shall, upon request, furnish any pers~n conrcerned,. whether
or not a member of the IndustryS, a copy of all such -schedules~tr and
of all changes andl revisions thtlereof.
3. N~o such schedule of prices andc termn s and coc-ndition,~s of sale
filed by any member, or in effect: at anyr time shall be such as to
perm it the sale of any product at less than the lower of the fol lowing:
(a) Thle cost of such products~ to su<-h! member, wFhic~h cost shall bet
determined pursun~nt to the method of accou~nting and closting pre-
scribed by the Code _Authiority under this Alrtircle as soon. as that
method is prescribed and theretofore pursuannt to the method emn-
ployed by such memb'ier subject to e~c~h p~relimninaryI rules as the Code
Authority shall from time to time prescribe.
(b) The lowest price schedulled for such produl~ct under th~e pro-
visions of this Article by any other nlmembe and thlen in effect.
Each schedule filed under this A4rticle shall state ~he~thler the
prices, terms, and conditions therein specrifiedl are justifiedl under
subdiv-ision (a) or under siubdivision, (b) of thiis Sectio~n, and~ in, thre
case of justification under subdivision (b) shall idlentify the schedule
or schedules of the other member or membnlers of the ind'ustry justi-
f~ying such prices, ters and condl~it ions. A schedule justified upon
the basis of the schedule or schedules of another mlemblr or mremnbers
shall become void fortwith. upon th~e cancellation or revision upwardl
of such justifyig schedule or sch~ed~ules.
4. The Code Authority shall have p~owei on its own1 initiative, or
on the complaint of any member, to inv-estigate any price for any
p'roduct shown in any ,Schedule! fild hereund~r, and for such pur-
pose to require t~he member who filed such Shedule to furnish such
information concerningr the cost of malnulfactufring su1ch~ product as
the Code Authority shall deem necessary or proper for such purpose.
If the Code ALuthority, after such inv-estigation shall dletermiine that
such price violates the provisions hereof, th Code Authorit~y shall so
notify such member, and thereupon such price shall become v-oid and
of no effect. All such decisions by the Code .Authority shall be :filedl
with the Administ~rator.
5. Except in fulfillment of bona fide contracts exi~sting on the
effective date of this Code, no member shall sell any products of the
Industry for domestic consumption at a price or prices lower than or
upon terms or conditions more favorable than stated in his price


schedules then on file, provided, howevc\er, that discontinued 'lines or
damagedc~ goods or seccondls or distress .merchandise required to be
sold to liquida~te a defunct business may be disposed of in. suchn ma-
ner and on such terms and conditions as the Code Authority may
6. The Code Authority may suspend for any period of time, and
from time to time, all or any of the provisions of Sections 2, 3, 4, and
5 hereof as to any specified product or products of the Inldustry.
7. Selling of waxed paper on consigmnment is prohibited.

1. Each member shall prepare and file with an impartial agent
designated by the Code Aeuthnorit~y at such. times and in such. manner
as it may prescribe such statistics, data, and information relating
to plant capacity, volume of production, volume of sales in units
and dollars, orders received, unfilled orders, stocks on hand, inv~en-
tory, both raw and finished, number of employees, wage rates, em-
ployee earnings, hours of work, and other matters as the Code
ALuthorityV or the Admninistrator may from time to time require.
Any or all information so furnished by any member shall be subject
to checking for the purpose of v~eri~ficatioln by an examination of
the books and accounts and records of such member by any disin1-
terested accountant or accountants or other qualified person or per-
sons designated by the Code Aluthority.
2. 1Except ais otherwise provided in the Act, or in this Code,
all statistics, data, and information filed or required in accordance
with the provisions of this Code shall be confidlent~ial and the statis-
t~ics, data, and information of one member shall not be revealed to
another memnber. No such data or information shall be published
except in combrllination with other similar data and in such~ a man-
ner as to avoid the disclosure of confidential information. T~he Code
Authority shall arrange in such manner as it may determine for
the publication currently to members totals of orders received,
unfilled orders, shipments, stocks of finished goods on hand, and
3. The Code Authorityr shall make such reports to the Adminis-
trator as he mray from time to time require.
4. In addition to information required to be submitted to the
Code Authorit~y there shall be furnished to Government Agencies
such statisticall information as the Administrator may deem neces-
sary for the purpl-ose~s recitedc in Section1 3 (a) of the Act.Lt

1. Th~e Codle Authorit~y may from time to time p~resent to the
Admlninistrator rcrorm mendationss based on conditions in the Industryg
which wcPill tend to effectulate the operation of this Code and ~the
(polc of the A~Ct, and in particular alongF the folltowFing lines :
(a) For thne startblishmentt of rules of fair trale practice for the
Industry andl for the codification of its trade customs andl thie
enlforcem~ent thereoccf.


(b) For restrictions on the creation of new facilities for the
manufacture of any product of the indtustry or on the acq~uisition
by any onmber of newFp equipment for sulch mnu~lfa~c~ture.
SCuchl recom~lmendations, whvfen app~Irov'ed by thne Adm~inistrator, shall
have the samea force anld effect as the p~rom~ions of thiis Codle.

1. If any member is also a members of another industry, the pro-
visions of this Code shall apply to and affect only thart part of his
business w~hich~i is inluded in this :indu~stry.
2. Any work or process inciden~tal to and carried on by a mem-
ber at his plant as a par~t of the manufncutur of any product of thne
:industry shall be regardedl as a part of this industry.
3. Such of the procvisiojns of this Code as are not reqcuir~ed~ to be
include heren bythe ct my, ith the approval of the President
oflurt the Unitdy Sttes bet modifiedor elimninated as changes in cir-
cumlstances or experience maly indicate.
4. This Codle and all the! ptroyisions thereof are expci;reSl made
subject to the right of the Pre~sident, in accordance ~ c with the pro-
visions of Section 10 (b) of the ASct, from1 time to time to eannel
or modify anry order, ap~prova-l, license, rule, or reg-ulation i~ssued
under Title I of said Act anld specifically, but without limitatio~n
to the righlt. of the Presicent to caniel or modify his approval o~
such cdorany conditions imlposedl by him upon his approl~val
5. This Code shall become effe~ctiver on fthe secondic- Mionday after
the date ulpon which it shall be approved by the President of th3e
United States.
Approved rode. No. 166.
Registry No. 411-01.

lil iilil#II I lll I I I I I II Il i
3 1262 08582 8803