Proposed code of fair competition for the water supply industry as submitted on August 31, 1933


Material Information

Proposed code of fair competition for the water supply industry as submitted on August 31, 1933
Portion of title:
Water supply industry
Physical Description:
ii, 6 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Water-supply -- Law and legislation -- United States   ( lcsh )
Water utilities -- United States   ( lcsh )
non-fiction   ( marcgt )


General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1741-9-07."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930988
oclc - 645232175
System ID:

Full Text



The Code for the Water Supply Industry
in ite~present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therbPin are
to be regarded as having received the apprde'dl of
the National Recovery Adrninistra lon
as applying to this industry.




For sale by the Superintendent at Documents, Washington, D.C. - Price 5 rents


Registry No. 1741---0 7

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The Institute of Wrater Supply Utilities, Inc., which represents
public utilities providing wrater-supply service to more than sixty-five
percout of the population served by private water supply companies
in the United States, submits, in accordance with the declaration of
policy contained in Title I of the National Industrial Recovery Act
and the President's appeal to the Nation for agreements on broad
principles by means of voluntary codes, the following provisions ARs n
code of fair competition for all persons engaged in said industry.

The purpose of this code is to apply generally to the water-supply
industry the principles of the National Recovery Act, namely, to
encourage industrial recovery, to reduce and relieve unemployment,
and. to improve the standards of la.bor.
To the end that the water-supply industry mlay do its part in the
national economic recovery and carry out the purposes set forth, it is
necessary that this code reflect some of the fundamental natural
differnenes between this industry and production and distribution
industries. These are as follows:
1. Water-supply properties are noncompetitive public utilities
engaged in the continuous service of furnishings a vital necessity o~f
life under constant and vigilant supervision and regulation by State
and local authorities;
2. Such supervision and regulation affect not only ra tes for
service but also operating expenses and conditions of service, and
impose the highest possible standards a~s to quality a~nd continuity
of supply;
3. The adoption of this code by the watter-supply industry imposes
a, substantial burden of increased operating expenses, a~nd this
burden cannot be passed on to the consumer, as is permitted in the
case of a manufacturing or merchandising industry, except by
application to the regulatory bodies where permission to increase
rates would be preceded by long and expensive hearings;
4. Throughout the period of depression the industry has furnished
service to thousands of customers who have been a~nd still are! unable
to pay their water bills, and since water is a vital necessity of life the
companies have felt obligated to carry these! accounts and furnish
this service without compensation.
5. Wage rates of water-supply industry labor have been reduced
less than in most other industries, having been decreased an average
of approximately~ 10 percent from peak levels of 1 929-30. Employmen t
in the industry is constant, free from seasonal fluctuation, and in a
great many cases employees spend their entire working lives for the
same waterworks employers.
0462-33 I 1


The term water-supply industry as used herein includes colleet-
ing, storing, purifying, pumping, transmitting, and distributing of
water for domestic, commercial, industrial, and municipal purposes.
The term "employees" as used herein means a~ll persons employed
in the conduct of such operations.
The term "employers" as used herein means all persons, partner-
ships, associations, and corporations in the water-supply industry by
whom such employees are employed.
It is understood that this definition does not include the supplying
of water by municipal or other governmental agencies.
The term "effective date" as used herein means the 10th day after
this code shall have been approved by the President of the United

As required by Section 7~ (a) of Title I of the National Industrial
Recovery Act, the following provisions are incorporated in this agree-
(1) That 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
lazbor, 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 mnutua~l aid or protection;
(2) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to reframn fromt jommig, orgaruzmng, or assisting a labor organization
of his own choosing; and
(3) That employers shall comply with the maximum hours of labor,
minimum rates of payv, and other conditions of employment approved
or prescribed by the President.
Mindful of its responsibility to the consuming public in maintain-
ing continuous and adequate service, the Water Supply Industry, by
recognizing the right of its employees to organize and bargain col-
lectively, does not grant to them or admit that they have the right
to undertake any action which would interfere w~ith the continuity of
water-supplyv service.


After August 31, 1933, no person under sixteen years of age shall
be employed, except that persons between fourteen and sixteen years
of age may be employed for not to exceed three hours a day, and
those hours between 7 and 7i p.m., in such w~ork as will not inter-
fere with hours of dayv school.

1. No employee shall be permitted to w~ork for tw-o or more em-
ployers for longer period of a~ny wIeek than specified herein for a
single employer.
2. Exceptions to t~he standards in respect to ma.xrimum hours of
labor specified herein are authorized as follows:

(a) Executive, administrative, or supervisory employees receiving
$35.00 per week or more.
(b) Janitors, watchmen, caretakers, watershed patrolmen, store-
keepers, and worker pension employees, and temporary employment
mn case of emergency.
(c) Employees in small stations where the service does not require
more than two operators on dutyv a1t any one time, which stations are
not part of a waterworks plant having larger stations.
(d) Employees in plants employing not more than two persons in
towns of less than 2,500 population, which towns are not part of a
larger trade area.
3. Subject to the foregoing exceptions, a maximum employment in
the waterworks industry shall be a~s follows:
(a) F'or all employees, except those referred to in the next sub-
division hereof, not more than forty hours in any one week, except
where, because of exigencies, it may be necessary to work such
employees more than forty hours per week; but the weekly hours for
each employee for any six-weeks period shall not exceed an average of
forty hours per week.
(b) For employees connected with operation of pump stations and
purification plants, inspectors, maintenance mlen, and on-and-off`
men, whose duties must be continuously performed in order to render
a safe and continuous service to the public, not in excess of forty-
eight hours per week. Because of exigencies it may be necessary t~o
work such employees more than forty-eight hours per week on occa-
sion, but the weekly hours for each employee for any 6-week period
shall not exceed an average of fortyF-eight hours per week.

On and after the effective date and to and until the expiration
date, mninimumn wages to be paid to any employee who on July 1,
1933, was paid on a weekly or monthly basis, shall be at the rate of
not less than-
(a) Fifteen dollars ($15.00) per week in any city of over 500,000
population or in t~he immediate trade area of such city;
(b) Fourteen dollars and fifty cents ($14.50) per week in any city
of between 250,000 and 500,000 population or in the immediate trade
area, of such city;
(c) Fourteen dollars ($14.00) per week in any city of between 5,000
and 250,000 population or in the immediate trade area of such city;
(d) In towns of less than 2,500 population employers shall increase
aill wages by not less than 20 percent, provided that this shall not
require wages mn excess of $12.00 per week.
The minimum wages herein provided may be at the rate of $1.00
per week less in the southern section of the country. The southern
section of the country is defined as including the following States:
Virginia, West Virginia, North Carolina, South Carolina, Georgia,
F'lorida, Kentucky, Mfaryvland, District of Columbia, Tennessee,
Alabama, M/ississippi, Arkansas, Louisiana, Oklahoma, Texas.
On and after the effective date and to and until the expiration
date, the minimum wages to be paid to any employee who on July 1,
1933, was employed on an hourly basis shall be at the rate of not less
than forty cents per hour, unless the hourly rate for the same class of

wor~k on July 15, 1929 was less than-forty cents per hour, in which
latter case the rate of pay shall not be less than the July 16, 1~920,
hourly rate of pay, and in any event, shall not be less than thirty
cents per hour. The minimum wages above provided for shall not
be applicable in the states in the southern section of the country
above enumlerated. The minimum wages in such states shall not be
less than forty cents per hour, unless the prevailing hourly rate for
t~he same class of employees on July 15, 1929, as determined by the
Administrattor on statistical evidence, was less than forty cents per
hour, in which case the rate shall not be less than said prevailing
hourly rate thus determined plus fifteen percent if said hourly rate
on July 15, 1929, was less than thirty cents per hour, provided, how-
ever, that for wages per hour between twenty cents and twenty-nine
cents, inclusive, on July 15, 1929, with wages of less than twenty
cents per hour on that date being considered as twenty cents, the
percentage of increase shall diminish one and one half percent for
each cent that wages per hour exceeded twenty cents, in accordance
with the following schedule:

Increase Wages per
wg pr under hour under
15, 1929 proposed proposed
(cn s) sedule schedule
(percent.) (eents)

2Q 15 23
21 13) a 241
22 I2 24.5
23 10).2 24. 5
24 9 26
25 2
26 6 27. 5
27 4%28
28 3 '20
20 lb~ 29. 5
370 0 30

Learners mlay be paid not less than eightyv percent of the minimum
wage rates above provided, but the total number of learners shall
not. exceed five percent. of the total number of employees employed
by any employer subject to this code.


Sections V and VI of this Code are in substitution for paragraphs
2 and 7i, inclusiv-e, of the President's reemlployment agreement.


The Institut~e of Water Supply Utilities is hereby designated the
agency for administering, supervising, and promoting the performance
of t~he provisions of this code by t~he members of the water supply
industry. The Institllte of Water Supply Utilities shall appoint a
Recoveryr Execut~ive Commlit~tee to exercise such functions on behalf
of t~he Instit~ute of WVater Supply Utilities and the facilities and de-
partments of the Institut~e of Water Supply Utilities shall be available
to make the administration effective and efficient.,
In order to keep the President of t~he United States and the Ad-
ministrator informed as to the observance or nonobservance of this

code, each employer shall prepare and file with the statistical de-
partment of the Institute of Water Supply Utilities at such times and
in such manner as may be prescribed, statistics covering the number of
persons employed, wage rates, earnings, hours of work and such other
data or information as the Recovery Executive Committee may from
timae to time require.

Except as otherwise provided in the National Recovery Act, all
statistical data filed in accordance with the provisions of Article VI
shall be confidential and shall not be revealed except for the purpose
of administering or enforcing the provisions of this code.

Any employer may participate in this code and in any revisions
or additions thereto by signifying his intention a~nd accepting the
proper pro rata share of the cost and responsibility of creating and ad-
ministering it, either by becoming a member of the Institute of Water
Supply Utilities or by paying t~o it an amount equal to the charges
from time to time provided to be paid by a member in like situation
of the Inst~itute of Water Supply Utilities.
As required by Section 10 (b) of Title I of the National Industrial
Recovery Act the following provision is contained in this code:
The President may from time to time cancel or modify any order,
approval, license, rule, or regulation issued under this title.

By presenting this code those assenting hereto are not consenting
to any modifications thereof and each reserves the right to object
individually or jointly to any modified code.

It is contemplated that supplementary provisions or amend-
ments of this code applicable to the water-supply industry may from
time to time be submitted on behalf of the industry for the approval
of the President.

This code may be executed in any number of counterparts, each of
which shall be deemed to be an original.

1 1 11111111IIIIIH III l lllllllII llllli lllil llI
6 3 1262 08585 3058
The undersigned by their signatures assent to the provib & o8.jf
this code, and this code shall become effective ten days aftet~r .th
approval hereto by the President of the United States, and shaQl con-
tinue in force until June 16, 1935, or at such earlier date Iwhen the
emlergency shall be declared to be ended pursuant to subdivision i(C)
of Section 2 of the National Industrial Recovery Act.