Registry No. 410---1--44
For sale bylthe~8uperint~~enden of Decamnent Wasidlngton, D.C. Price center
19ATJ~IONAL RECOVERY ADMINISTRATION
AS APPROVED ON SEPTEMBER 7, 1938
WE DO OUR PART
1. Executives Order of President Roosevelt
2. Report of rAdministrator
3. Text of Code
uUNIV. OF FL UBO.
U.S. DEPOSE TgaY.ED ST. TES
GOVERNMENT PRINTING OFFICE
CODE O1F FAIR COMPETITION
AMERICAN WALL PAPERE MANUFACTURERS ADVISORY COMMITTEE
EXECUTIVE ORDER CODE OF FAIR COMPETITION FOR
THE WALL PAPER MANUFACTURING INDUSTRY
An application having been duly made, pursuant to and in 'full
compliance with the provisions of Title I of the National Indu~strial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the W~all Paper Manufacturing Industry,
and hearings having been held thereon and the Administrator hav-
ingr 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 th~e
said Code of Fair Competition complies in all respects with the
pertinent provisions of Title I of said Act and that the require-
ments of clauses (1) and (2) of sub-section (a) of Section 3 of the
said Act have been met:
NOW, THEREFORE, I, FRANKILIN D. ROOSEV'ELT, President of
the United States, pursuant to the authority rested in mie by Title I
of the National Industrial Recovery Act, approved June 18, 1933,
and otherwise, do adopt and approve the report, recommendations
and findings of the Administrator and do order that the said Code
of Fair Competition be and is hereby approved, subject to the fol-
(1) To et~ectuate further the policies of the Act, a W'all Paper
Manufacturing Industry Commit~tee be created to cooperate with
the Administrator as a Planning and Fair Practice Agency for the
WPall Paper M~anufacturing Industry, which Committee shall con-
sist of five representatives of the Wiall Paper Mannufacturing In-
dustry elected by a fair method of selection, to be approved by the
Administrator, and three members without vote appointed by the
Approval Recommended :
HoncI S. JOHNSON,
FRANKLIN D. ROOSEVELT,
THE RT'TE HOUSE,
September 7, 1933.
NATIONAL RECOVERY MDPINrISTRATION,
The PRESIDENT, 8
The Wh'ite House.
MY DEAR ]L1R. PRESIDENT: This is a report of t~he hearing on the
Code of Fair Competition for the W~all Paper 1\Ianufacturing Indus-
I.try in the United States, conducted in Washingt~on on August 7th
and 8th, 1933, in accordance with the provisions of the National
Industrial Recovery Act.
The following exhibits are included and attached:
(1) Final Code submitted.
(2) Notice of Hearing.
(3) Statement of Procedure.
(4) Statistical Analysis by Research and Planning Division (ap-
(5) Transcript of the records (appended).
(6) List of W~itnesses.
PROVISIONS OF THIS CODE AS TO WTAGES AND HOURS
SEc. II. On and after the effective date the minimum wage that
shall be paid by any employer in the Wall Paper manufacturing
Industry shall be at the rate of thirty-five centsj ($.35) per hour, or
fourteen dollars ($14.00) per week for 40 hours of labor for males,
and at the rate of thirty-two and one half cents ($.32%~) per hour
or thirteen dollars ($13.00) per weekt for 40 hours of labor for
SEc. III. The limit of hours of labor for all emlployrees exceptinga
outside salesmen, emergency repair crews, superintendents and their
supervisory staff, shall be 40 hours in each w~eek, but further pro-
vided that all such employees paid on and hourly basis shall be paid
at the rate of time and a half for all1 hours per week over 40.
-Ecowome~ EFFECT OF THE CODE
The Wall Paper lIfanufacturing Industry is one of the relatively
small manufacturing; industries in the U~nited States. In 1929 there
were 56 manufacturing plants which employed approximiate~ly 4,700
workers; in 1931 there were 50 manulfacturers4 employing approxi-
mately 3,7T34 workers; in 1933 there are only 36 manufacturers with
a corresponding decrease in workers, which, because of lackE of statis-
tics it is impossible to estimate.
The decline in the number of workers required to produce the
necessary supply of wall paper has been consistent since 1923. From
1931 until the present the decrease in employment became more
By reducing the customary 50-hour week which has prevailed in
this industry to the 40-hour weekr required by the Codie, the increase
in employment will be approximately 15 percent of 1929 figures,
or approximat.ely 700 workers.
UCnless the consumnptionl of wall paper greatly increases wiithin
the near future, this particular industry does not offer a, very
promising field for the reemployment of workers on any large scale.
The Aidministrator finds that: .' 1
(a) The Code as recommended complies in all respects with the
pe~rtinent provisions of Title I of the Act, including, withoutilimite,-
tion, subsection (a) of Section 7, and subsection. 1b) of Se~ction 10
thereof and that '
(b) The applicant group imposes no inequitable restrictions on
a dm mission t~o membership therein and is truly representative of the
Wall Pa~per Mlanufacturing Industry; and that
(c) The Code as recommepnded is not. designed to promote mlonop-
olies or to elimuina~te or oppress small enterprises and wicll not operate
to discrimlinate against then, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be immedia~telyg
He~an S. JoHNSON, Admi'nistrator.
CODE OF FAIR COMPETITION FOR THE WALL PAPER
To effectuate the policy of Title I of the National Industrial Re-
Scovery Act insofar as it Is applicable to the WCall Paper Alanufac-
turi'ng Indust~ryr the followfing provisions are established as a Code
of Fair Competition for the Wall PaIper Ma~nulfactul rin Industry.
I-D FI NATIONS
A. The term WTall Paper Mianufacturing Industry is defined
to mean t-he nproes of print;ng,~ imprinting, or embossing upon raw
paper stock a pattern and/or design in colors or otherwise, thus pro-
ducing an article suitable for decoration or the embellishment of
walls and/or ceilings in homes, hotels, apartments, or other bi~ldirln~gs
B. The term manufacturer shall include, but without linuta-
tion, any person, partnership, association, trust, or corporation, and
all who employ labor in the conduct of any branch of the WCall P~aper
Manufacturing Industry as defined above.
C. The term "' employees as used in this Code, shall include all
persons employed in the conduct of the operations of manufacturingn
D. The term printinga machines ", as used herein, is defined to
mean wall paper printing machines; or ink emlbossing machines
producing finished wall paper that has not been printed.
E. The term "' line or lines ", as used herein, is defined to mean all
thie wall papers produced by any manufacturer during a current
F. The term "L current year is defined to mean the twelve months'
period succeeding June 30th of each year.
G. The term "~ jobs as used herein is defined to mean all unsold
wall papers which have been in a line of a manufacturer in any scur
rent year and which shall not be included in the line or lines ofsc
manufacturer in the succeeding current year.
H. The term effective date ", as used herein, is defined as the
second M~onday after the approval by the President of the United
States of this C~ode or any part thereof or addition thereto.
IT I-Alinnanr W~AES
(a) On and after the effective date the minimum wage that shall
be paid by any employer in the Wlall Pnper Manuifactuiring Industry
shall be thirty-five cents ($0.35) per hour or fourteen dollars ($14.00)
per week for forty (40) hours of Inbor for males, and at the rate
of thirty-two and one half cents ($0.321/2) per hour, or thirteen dlol-
lars ($13.00) per week for forty (40) hours of labor for females.
(b) The existing amounts by which wage rates in the highe-paid
classes exceed wages in the lower-paid classes shall be maintained.
(iba) The limiit of hours of labor for all employees, excepting out-
siesalesmen, emergency repair crews, superintendents, and ,their
foremen, shall be forty (40) hours in each week; but further pro-
vided that all such excepted employees paid on an hourly, basis
shall be paid at the rate of time and a half for all hours per week
over forty (40).
(b) Each manufacturer in this industry shall be limited to two
eight-hour shifts; however, no employee shall be required to worki
more than one eight-hour shift in any one day.
On and after the effective date employers shall not employ or
have in their employ any person under the age of 16 years.
As required by Section 7 (a) of Title I of the National Industrial
Recovery Act it is providled:
"(1) Tihat employees 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-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection;
"(2) That no employee and no one seeking employment shall be
required as a condition of employment to lom any company union
or to reframn from joining, organizing, or assisting a labor organi-
zation of his own choosing;
"(3) That employers shall comply with the maximum hours of
Inbor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President."
Nothing contained in this Section shall apply to or affect in any
way contracts between members of the Wasll Paper MSanu~facturing
Industry and others in existence prior to the effective date of tlus
(a)e Thisl Codl hereby provides that all manufacturers of wall
papr hal cmpl wthCommercial Standard CS 16--29 Bureau
of Standards, as adopted on MZay 25, 1929, at a conference of moanu-
facturers, distributors, users of wall paper, and others interested,
anrd approved and promulgated August 1, 1929, by the Department
(b) As an addition to th~e matter set forth in the said Commercial
Standard CS 16--9D, a further standn'rd for this Industry and fur-
ther regulation of the kindsu and weights of raw stock to be.used
.bereby are established, to wit: No wall paper printed on less than
Stein (10) ounce stock, or below the said Commercial Standard re-
quirements in any other respect, shall bear any mark or statement
that such papers conform to the said Commercial Standard CS
(c) No wall paper shall be printed on raw stock in weight less
than nine (9) ounces, except that to be marked less than nine (9)
ounces stock on the selvage.
(d)' Ungrounded goods shall be plainly marked by the manufac-
turer .on the selvage of the WOall Paper and all manufacturers shall
mark their samples with the word "' ungrounded."
The following shall constitute unfair methods of competition:
,(a) Thie copying of designs and or patterns.
(b) The selling of goods at less than cost, except jobs.
(c) Failure to maintain an adequate differential in the selling
prices to the wholesaler and retailer.
(d2) The making of sample books by any manufacturer for any
customer and failing to include in the cost of said sample books
the cost of the wall paper used therein, charged at the same rate
by said manufacturer to said customer as the goods said customer
has purchased for stock, and in addition any~ other expenses in-
curred in the making of said sample books. This shall not apply
to one book known as Book of Selections furnished to a customer
by a manufacturer with his order. No more than one sample book;
or Book of! Selections shall be given to a customer by a manufacturer.
(e) The selling of goods as jobs by any manufacturer before thle
31st day of December in any year, and at. lower prices than 3:318
percent below the individual seller's established current minimum
price of the same grade to the same buyer.
(f) The false markingr or brasnding of products of the Industry.
(g) The making of or causing or permitting to be made or pub-
lished any false, untrue, or deceptive statement by way of advertise-
ment or otherwise, concerning the grade, quality, quantity, sub-
stance, character, nature, origin, size, or preparation of any product
of the Industry.
(h) The defamation of competitors by falsely imputing to them
dishonorable conduct, inability to performs contracts, questionable
credit standing, or by other false representations, or in disparage-
ment of the grade or quality of their goods.
(i) The imitation of the trade-marks, trade names, slogans, or
other marks of identification of competitors.
(j) The securing of information from competitors concerning
their business byv false or misleading statements or representations
or by false impersonations of one in authority.
(ki) The payment or allowance of unearned rebates, refunds,
credits, or discounts, whether in the form of money or otherwise.
(1) Deviation from the established standards of the Industry by
any deceptive or false means or devices whatsoever.
(m) To make any sample allowance to any purchaser on any
borders or any goods less than 30 inches in width. On 30-inch goocis
the sample allowance shall not be greater than an allowance of eight
yards for the price of five. ,
No manufacturer shall sell any goods ori more favorable fprm~s
than the following: 91 days net (with no dating). Discount for
cash payment, 3%, 30 days; 2%0, 60 days; 1%, 90 days. An addict
tional deduction to be allowed for cash payment within discounting
periods for shipments made in September, 4%~0; .in October, 3,%0; in
November, 2%; in Decembier, 1%. Cash discounts and deductions
to apply for cash payments only, and not t~o be allowed when' other
charges are overdue.
All manufacturers shall sell their products on the basis f.o.b. own
mills or mills, with no greater freight allowance than railroad freight
equalization, carload rates or L.C.L. rates, as the case may be, to
nearest competing operating mill to the customer being sold. No
freight shall be prepaid by any manufacturer.
The. establishment of a uniform Cost System for this Industry
is recommended and shall be established as soon as possible under
the direction of the Executive Committee of the Wi~all Paper Matn-
With a, view to keeping the Pre~sident of the United States and
the Administrator informed as to the observance of nonobservance
of this Code, and as to whether the Wall Paper Mainu~facturing In-
dustry~ is taking appropriate steps to effectuate in all respects the
declared policy of the National Industrial Recovery Act, the Execu-
tive Committee of the Wall Paper Manufacturing Industry, is hereby
constituted and shall be composed of five members, chosen by as
fair method of selection and approved by the Administrator. Ec
employer shall file with the Executive Committee statistics covering
the number of employees, wage rates, employee earnings, hours of
work, and such other data or information as may be from time to
time required by the Administrator.
Except as otherwise provided in the National Industrial Recovery
Act, all statistics, data, and information filed in accordance with
the provisions of Article XI shall be confidential, and the statistics,
data, and other information of one employer shall not be revealed[
to any other employer except for the purpose of administering or
enforcing the provisions of this Code. The Executive Committee of
the Wall Pa~per MaZnufacturing Industry shall have access to any
andl all statistics, data, and information that may be furnished in
accordance with the provisions of this Code.
Any employer may participate in the endeavors of t~he Executive
Commlit.tee of the Wall Paper M~anufacturing Ind~ust~ry relative to
the revisions or a~dditions to this Code by accepting the proper pro
rata share of the costs and responsibility of creating and ad~minister-
This Code and all the provisions thereof are expressly madle sub-
ject to the right of the President, in accordance with the provision
of Clause 10 (b) of the National Industrial Recovery Act, from time
to time to cancel or mnodify any order, approval, license, rule, or
regulation, issued under Title I of said Act,? and specifically to the
right of th-e President to cancel or modify his approval of this Code
or any conditions imposed by him upon his approval thereof.
Such of the provisions of this Ciode as are not required to be
included therein by the National Industrial Recovery Aict many, w~ith
the approval of the President, be modified or eliminantedl as changes
in circumstances or experience mnay indicate. They shall remain in
effect unless and until so modified or eliminated or until the expiira-
tion of the Act. It is contempllated that from time to timie siupple
mentary provisions to this Code or additional codes will be submitted
for t.he approval of the President, to prevent unfair competition in
price and other unfair and dlestructive practices and to effe~ctuate
thle other purposes and policies of Title I of the National Industrial
Recovery Act consistent wFith prov'isions thereof.
If any provision of this Code. is declared invalid or unenforceable,
the remaining provisions shall nevertheless continue inl full force
and effect the same as if they hadl been separately presented for
approval and approved by the President.
Thiis Code shall be. in operation on and after the effective date as
to the whole Wall Paper Industry except as an exemption from or a
stay of application of its provisions may be granted by' the Ad~cmin-
istrator to a person applying for the same or except as provided in
an Executive Order.
This Code of Fair Competition shall become effective on the
second Mlonda~y after the approval of samie by the President of the
The uind~rsigrned do hereby certify~ that. the~ foregoing is a true
copy of the Code of Fair Competition for the W'all Paper MZanu-
facturing Industry submitted to the Administrator~under the Na-
tional Industrial Recovery Act, as amended by authority of the
Executive Conunittee of the Wall Paper M/anufacturing Industry.
E. M. LENNON,
Chairman, Eweoutive Commi~ttee.
ALB~ERT R. PALMER,
Member Ewxecutive Cormm~ittee.
Avcoca 18, 1933.
N~TnoNAL REGOVEBY BDMIINIB'rBAHON,
SJuly 25, i1988.
TVALL PAPER RIANUFACTUREING IN'DU8BTY
Notice of Hearing: No. 16
The above industry, as represented by the American Wall Paper Mianufae-
turers Advisory Committee, claiming to represent 95 percent of the industry,
has submitted a proposed Basic Code of Fair Competition, copies of which are
available at the office of the National Recovery Administration, Room 4510,
Department of Commerce. Washington, D.C.
Notice is hereby given that a Publie Hearing on this Code will be conducted
by the Administrator, beginning at 10 A.Mb., Monday, August 7, 1933, in the
Caucus Room, New House Office Building, Washington, D.C., and continuing
antil completed. An opportunity to be heard (either in person or by duly ap-
pointed representatives either by appearance or by sending a written or tele-
graphic statement) will be given to persons or groups who can show a
substantial interest as workers, employers, consumers, or otherwise, in the
effect of any provision of the proposed Code.
Those wishing to be heard must comply with the following simple
(1) A written or telegraphic request for an opportunity to be heard must be
filed before noon on Saturday, Aug. 5, 1933, with the Administrator, Room 4125,
Department of Commer~ce, Washington, D.C.
(2) Such a request shall contain a7 statement setting forth without argau-
ment, a proposal: (1) for the elimination of a specific provision of the Code;
or (2) a modifications of a specific provision, in language proposed by the wit-
ness; or (3) a provision to be added to the Code, in language proposed by
the witness. The request shall also cointain a staitemient of the name oif anly
person seeking to testify in the hearing and a designation of thle persons or
groups whom he represents.
(3) All persons appearing at the Public Hearing are regarded as witnesses
and shall present orally only facts and not argument. Written briefs or'
arguments may be filed but oral presentations will be confined to factual
statementsj only and no legal arguments will be heard.
(4) Persons not appearing mayg file before the close of the Hearing written
statements containing proposals for eliminations, modlifications, or additional
to the code supp~ortedl by pertinent information. These written statements
should be condensed as much as possible.
Public Hearings are aole~ly for the purpose of obtaining in the most direct
manner thle facts useful to the Admiinistrator, and no arguments will be
-.*: r considered ait this time. Representation of interested parties by
rueYs or splc~ialists is permissible, but is no~t to be regarded as necessary,
Ire the industry, the workers, and the consuming public will all be repre.
Icrted by special advisers employed by the Government.
HUGH S. JOHNSON, AdmnillBWH~liOP
R. B. PADDOCK,
UNITED STATES Or AMLERICAL,
District of Columbia, City of Washington, as:
EUGENUE MI. LENNON and ATRERar R. PALMER~, being duly sworn, each for
himself deposes and says:
I am a member of the American Wall Paper Manufacturers Advisory Com-
mittee, which Committee was elected to represent the wall-paper manufacturing
industry at a meeting of manufacturers of w'all paper called and held in
Buffalo, New York, on May 16, 1933.
That to the best of my knowledge and belief all the manufacturers of wall
paper in the United States received notice of said meeting and that more than
ninety percent in number and in volume of business was represented at said
meeting. That the annexed copy of minutes is a full, true, and correct copy of
the minutes of meetings of the said wall-paper manufacturers held on May 16,
1933, and on July 1 and July 2, 1933, as recorded by Fred G. Snedden, secretary
of said meetings. That the annexed copy of minutes is a full, true, and correct
copy of the minutes of said Advisory Committee held on May 16, May 25, June
17T, and June 18, July 1 and July 2, 1933, as recorded by Fred G. Snedden, secre-
tulry of said Committee. That said Advisory Committee has been duly author-
ized by over ninety percent in number of the wall-paper manufacturers of the
United States, doing approximately ninety-five percent of the manufacturing of
wall paper in the United States to present the annexed Code of Fair Competition
to the President of the United States for approval under the terms of the Na-
tional Industrial Recovery Act and that we have been authorized by said
Committee to represent it in making said presentation of said Code of Fair
Competition to the Industrial Recovery Administration.
EUGE~4a M6. Larwox~.
ALaBER R. PALMEB.
Subscribed and sworn to before me this 15th day of July 1933.
E. M. NOLAND,
[ Sun.]1 Notary Pu~blic in and for the District of Colum~ia.
M~y conunission expires 7/28/33.
1111 III IIYII IIIII11IIIll
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