Code of fair competition for the advertising specialty manufacturing industry

MISSING IMAGE

Material Information

Title:
Code of fair competition for the advertising specialty manufacturing industry as approved on October 31, 1933 by President Roosevelt
Physical Description:
vi, 5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Advertising specialties industry -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
At head of title: National Recovery Administration.
General Note:
Registry no. 1702-2-01.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930874
oclc - 48023838
lccn - 33026617
System ID:
AA00008433:00001

Full Text





Registry No. 1702---2--01:
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-!;~'". RE;~IS ILCOVERLY ADMEINIST 'ATION






:CODE OF FAIR COMlPETITION

FOR THE



L'i;::ADVERTISING SPECIALTY



IANFACTURING INDUSTRY


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AS APPROVED ON OCTOBER 81, 1988

BY

PRESIDErNT ROOSEVELT


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t Letter of Trand it~ta[

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UNITED) STATES
PWWrruNMENbT PRINTING OFFICE
WaBHRNGTON s 1938I


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Atlanta, Ga.: 504 Post Offic~e Building.
Birmingham, Ala.: 257. Federal Building.
Boston, M5ass:: -1801 Customh~ouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, MCich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Indl.: Chamber of Commerce Building.
Jackhsonville, Fla.: Chamber of Commerce Building.
Kiansas City, Mlo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 Sfouth. Broadwfay.
Louisville, Ky.: 408 Federal-Building.
Memphis, Tenn.: 2209 Federal Building.
M~inneapolis, M~inn. : 213. Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 7341 Customhouse.
Norfolk, Va.: 4106 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamiber of Commerce Building.
Portland, Oreg.: 215 New Post Offce Building.
St. Louis, Mo.: 506 Olive Street.
San Franelsco, Calif.: 310 Customhouse.
Battle, WPash.: 800 Federal Building..


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This publication is for sale by the Superintendent of Dotiame~ntsir; Cdvernment
Printing Office, Washington, D.O., and by district offies~ of' the BareaneL t foreign :r
and Domestic Commerce.
DISTRIC'E*HIFEICE~S.DF.THE.DEPARTENN T OF'COMMERCH











EXECUTIVE ORDER

.CODE OF EFAIR COMPETITION ADVERTISING SPECALTY INDUSTRaY

An application having been duly made, pursuant to and in full
ooailphance with the provisions of title I of the National Industrial
Itnoery Act, approved June 16, 1933, for my approval of a Code
I; "ifi Fair Competition for the Advertising Specialty Industry, and
h~earings having been held thereon and the Administrator 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 Administrator having found that the said
.code of fair competition together with his recommendations and
findings with respect thereto, and the Administrator having found
that the said code of fair competition complies in all respects with
the pertinent provisions of title I1 of said act and that the require-
ments of clauses (1) and (2) of subsection (a) of section 3 of the
said act have been met:
NOWC. THEREFORE, I, Franklin 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, recommendations and
findings of the Administrator and do order that the said code of
fair competition be and is hereby approved, subject to the following
conditions :
(1) As to all employees engaged in printing operations, the wage
and hour provisions of this code shall be superseded by the wage
and hour provisions of the Code of Fair Competition for the Print-
ing Industry when the latter code becomes effective after approval
by me.
(2) To effectuate further the policies of the act, an advertising
specialty industry committee be created to cooperate with the Ad-
ministrator as a planning and fair practice agency for the advertis-
ing special industry, which committee shall consist of five repre-
sentatives ofthe advertising specialty industry elected by a fair
method of selection, to be approved by the Administrator, and three
members without vote appointed by the Admlinistrator.
FRANKLIN D. ROOSEVELT.
THE WHIIE HITIOSE,
October 31, 1933.
Approval recommended :
IivanI 8. JoaNxon,
Administrator.
(nt)


18578'--188--107--38













OcrOBE 23, 193 .
THE PR(EBIDENT,
The Fh~ite Hou~se.
SmR: A Public Hearing on the Code of Fair Carnye~tition~n' foi;th
'Advertisinga Specialty Manufacturing Industry in tthe Ufnitedl-Stares,
;snbmitted by -the Advertising Specialty National Asslociation(i ihi-
cago, Illinois, w~as conducted in Washington- on'theb80th of Au'gdst,.
'1933,-in accordance with the provisions of 'the-NaJ~tion al' ~Eindustrial
'Recoveryv Act. *The Association claims to represent~ percentt of
the industry.
Pnovisior(s or Tnis CODE AS TO HOURS A~ND A~GES9

ITII. HOURS

(1) The maximum hours of employment shall bd forty :(40) per
week, except that owing to the seasonal nature of thiis irndustry' it- is
permitted that emlployvees may, by permission of the Exedutive ~Com-
mittee of the Gode and with the approval of the Administrator, be
employed during seasonal rush periods fort~y-eight "(48) hours per
weekr, provided that the rate of wages for all hours-in excess of~fdrty
(420) per week shall be at least one and one third times the est~ab-
lished rate for 40 hours, and further provided that such empidyes
shall not be permitted to work more than 520 hours durn-ring n
period of thirteen (13) consecutive weeks.
(2) Maximum hours as provided above shall not apply to atly
employee in a managoeria~l or executive capacity who now receives
thirty-~five dollars ($;35.00) per week or more.
(3) No employee, except those hereinabove specifically exemp~ted,
wh.saeho, during any one week period has worked for remunnerati~on for
the same period or periods of time by any member bf this~iirdustr~y.
IV. WTaGEB

(a) The minimum wageltha~t shall be paid by any- emlployetr inthe
Advertising Specialty Mainu~facturing Industry to any employee
shall be t~hirty-five cents (35 per week for male employees, and thirty ents (804) per hour or
twelve dollars ($12.00) per w~eek for female emnploees, each *for
forty (40) hours of labor. The above wages are to-be a~tid5kreg ard-
less of whether the employee is compensated on t~he basis of a time
rate or a piece work performance. -
(b) Female employees performing the same type of work as
male employees shall receive the same wage per hour as paid to
male employees.







?.~l(c) Apprentices and learners having no previous experience or
employment in this industry shall, during the six-weeks' learning
peiod, receive not less than 80 percent of the minimum rates pqre-
Maribed above for forty (40) hours of labo~r per week. 'At no time
hall the number of apprentices or learners exceed eight percent
st of the total number of employees in any single unit of the
(d) rijh and after the effective date, no manufacturer shall permit
stay ok to be done in the homes of workers, all work being done
li's:ide~ the factory.
(e) It is the policy of the members of this industry to refrain
fr:om reducing the compensation for employment which compensa-
I.:tion was prior to June 16, 1933, in excess of the minimum wage
i:herein set forth, notwithstanding that the hours of work in such
employment may be reduced; and all members of this industry shall
endesavor to increase the pay of all employees in excess of the mini-
;mum wage, as herein set forth, by an equitable adjustment of all pay
schedules proportionate to the increase in compensation as deter-
m'inied by the minimum wage herein provided; Provided, however,
I Ethat where a State law provides a higher minimum wage, no person
employed within that State shall be paid a wage lower than that
required by such State law.
VT. CHILD LABOR

No person under the age of sixteen years shall be employed in this
'industry; Provided, however, that where a State law provides a
higher minimum age no person belowv the age specified by such State
law shall be employed within that State.
ECONOMIC EFFECT OF THE CODE

There are approximately 300 advertising specialty manufacturers
of which 47 do the bulk of the business and employ approximately
one third of the 7,000 employees in the industry.
A sample analysis of the work week of the 43 companies under
consideration (M~ay 1933) showed an average number of hours
worked per week of 40. All companies being considered from which
reports could be obtained showed the much higher average of 48
hours per week per employee.
The industry in general now reports that they are working em-
ployees 40 hours per week as a result of the Reemployment Program
and it is estimated that there has been an increase in employment
of approximately 15 percent. It is probable that no immediate in-
crease in employment will be effected but it is estimated that there
will be an increase of about 20 percent in the total payrolls.


The Administra~tor finds that:
(a) The Code as recommended complies in all respects with the
p"1;eirtinen t provisions of Title I of the Act, inc~lnluding without limita-
tion, subsection (a) of Section 7, and subsection (b) of Section 10
thereof ; and that






VI1

(b) The A~dvertising Specialty National Association, the applicant
group herein, imposes no equitable restrictions on admiitssion to
membership and is truly representative of the Advertising Specialt
Manufacturing Industry; and that
(c) The Code as recommended is not designed to promote 1ignop-
olies or to eliminate or oppress small enterprises and will not eyeste~-
to discriminate against them, and will tend to effectuate the poicy~g
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be imnmediatfely
adopted.
Respectfully,
HUGH 8. Jonraoa,
Administxratr












::; ODE~a6 OF FEAIR COMVPEITITON FOR THWE ADVERTISING
SPECIALTY MIAN UFACTURING INDUSTRY

? ; I. PURPOSEs

..To effectuate the policy of Title I of the National Indust~rial Re-
~enver Act by reducing unemployment, improving the standards of
labor, establishing a reduction in working hours, eliminating prac-
tices inimical to the interests of the public, employers and employees,
removing from this Industry any existing obstructions to the free
flow of interstate and foreign commerce--and thereby increasing the
consumption of industrial and agricultural products by increasing
purchasing power, to bring wages paid in the industry to such levels
,as are necessary for the highest standards of living attainable, to
revpise wage scales from time fo time, to reflct changes in living
costs, to restore to the members of this industry their income on a
Level which makes possible the .payment of such wages, and to pro-
mote the general welfare, the following provisions are established
as a Code of Fair Competition for the Advertising Specialty
Ind-usrtry.
. II. DEFINITHONS

{a) The Advertising Specialty Mlanufacturinga Industry as used
herein is defined to mean the manufacture of articles of utility, orna-
moent, or beauty, bearing the advertising imprint of a firm, corpora-
tion, bank, or individual, or designed for distribution as good-will,
reminder, or novelty advertising.
(b) The term "' manufacture as used herein is defined to mean
not only the manufacture of parts, but the assembling of such parts
into the finished article, and also the imprinting of an advertisement
on such article. Any firm, partnership, corporation, or individual
engaged in any or all of the above mentioned activities as a staple
line shall be considered a "' manufacturer in the Advertising Spe-
cialty Manufa~cturing Industry.
(c) The term employees as used herein shall include all per-
sons employed in any phase of the manufacture, assembly, or im-
printing of advertising specialties, or in the operation and mainte-
namce of plaants, and all persons employed in office work connected
~h ~the busmness.
(d) The term "L association as used herein shall be understood to
mean the Advertising: Specialty National Association, or any trade
,. .. association that may be organized as successor thereto.
(e) The term '" member or members as used herein shall be de-
fin ed any person, partne~rship, association, or corporation engaged
.in thre manufacture of advertising specialties, who engage in their
business any employees as defined above.








(f) The term "' effective date as used herein is defined to be the
second Monday after this Code shall have been approved by the
President.
III. Hon~s

(1) The maximum hours of employment shall be forty (40) per
weeki, except that owing to the seasonal nature of this industry it is
permitted that employees may, by permission of the Executive Com-
mittee of the Code and with the approval of the Administrator, be
employed during seasonal rush periods frtyeih (48) hours perxgso
week, provided that the rate ofwgsorllhusiecsso
forty (40) per week shall be at least one and one third times the
established rate for 40) hours, and further provided that such e~m-
ployees shall not be permitted to work more than 520 hours during
any period of thirteen (13) consecutive weeks.
(2) M~aximum hours as provided above shall not apply to any
employee mna managerial or executive capacity who now receives
thirtyv-five dollars ($35.00) per week or more.
(3) No employee, except those hereinabove specifically exempted,
who duingany one week period has worked for remuneration for
the space oEo,:'f fortyr (40) hours, shall be employed to work during the
same period or periods of time by any member of this industry.
IV. 1VAGES

(a) The minimum wage that shall be paid by any employer in
the Advertising Specialty Mlanufacturing Industr~y to any employee
shall be thirty-five cents (35e) per hour or fourteen dollars ($14.00)
per week for male employees, and thirty cents (30e) per hour or
twelve dollars ($12.00) Imer week for female employees, each for
forty (40) hours of labor. The above wages are to be paid regardless
of whether the employee is compensated on the basis of a time rate
or a piece work performance.
(b) Female employees performing the same type of work as male
employees shall receive the same wage per hour as paid to male
employees.
(c) Apprentircs andl learners having no previous experience or
employment in this industry shall, during the six-weeks' learning
period, receive not less than 80 percent of the minimum rates pre-
scribeed above for forty (40) hours of labor per week. At no time
shall the number of apprentices or learners exceed eight percent
(8%0) of the total number of employees in any single unit of the
industry.
(d) On and after the effective date, no manufacturer shall permit
any work to be done inl the homes of workers, all work being done
inside the factory.
(e) It is the policy of the members of this industry to refrain from
reducing t~he compensation for employment, which compensation was
prior to June 16, 1933, in excess of the minimum wage herein set
frth, notwithstanding that the hours of work in such employment
may be reduced; and all members of this industry shall endeavor to
increase the pay of all employees in excess of the minimum wage, as
herein set forth, by an equitable adjustment of all pay schedules






is

a puportledtecto rthe in~Crease! in i compensation as d~eterined by .the
mmximum wage herein provided; Provided, however, t.ha~t, where
Sa S~Ltate laWPw provde a higher minimum wge, no person ermploye~d
~pivithint'that>Y Statgershall be praid ai~wage lower thazi that required ~by
ed ule~ittQ law.
V. CHILD ZlaBOR

:'N&*persori airdeii't~he age of six~teen years shall be employed in this
i~ndutry;- Provided, however, that wr~here-a State~ law provides-a
-fgher raniurnr a~ge no person bjelow the age specified by such' State
w,~~.shall--beb employed within' that State.
VIT. PAR'IICIPATION

(Ja) Aqny member of the Advertising Specialty Industry is eligible
for membership in the Advertising Specialty National Association
andi is entitled to all the beenefits thereof, upon the acceptance by
such member of a reasonable share of the cost and responsibility of
t~he' Code development and administration. .No inequitable restric-
ticons on admission to membership shall be imposed by the .said Ad-
vertising Speefialty National Association or any association :or group
who are members of the Advertising Specialty M~anufacturing
Industry.
VII. ADrINISTRATTON

(ar To effectuate further the policies of the Akct, an Advertising
~Speedglty 'Manu~factur-ina :Industry Committee is hereby- des~igna~tid
'to operate with the Administrator as a Planning and FairPractice
.Agency for the Advertising Specialty Manufacturing 'Industry.
This Comniittee shall consist ofE five representatives of th~e Advertis-
ling Specialty Ma~nufacturing Ind~ustry elected by a fair method of
selection, to be approved by the Administrator, and, at his discre-
t~ion, not more than three members without; vote appointed by the
President of the United Stjates. Such agency' may from time to' time
. present to the Administrator recommendations based on' conditions
in their. industry as they may develop which will tend to offeeturate
the operation of the provisions of this Code and the policy of the
National Industrial Recovery Act.
(b) The Code Authority shall have the following duties and pow-
Ierb to the extent permitted by this Code and subject to review by-the
~A~dministrator.
!(1)( To = receive duly certified returns every four -weeks = showing
actiual hours worked by 'employees, and
1(2). -Reeports as* to mmimum wm-eekly wages, and
"(3)' Such other reports as may be deemed necessary lby the Execu-
Stive Committee, subj ect to the .approval of the' Adm~imstrator; for
th~e~lkfFdeive administration $f this Code.
(4)1 Recomjmendationls for -settinglup a service Bureau for en-
gineering, accounting, credit and/or other purposes to aid all 'persons
enage ithe 'Industry-~in' misteing't~he requilrements of thiss 'Cbde.
()i '~Raeomadations for-requirements by the Administrator as
to fair practices by persons engaged-id'trhe A~dvertisling-Bspecialty








Industry, in respect to methods and conditions for marketing their
products.
(6) Recommendations for regulation of competitive bidding on
special orders, defined to mean orders other than those offered in
the regular lImes issued by persons engaged in the Advertising
Specialty Industry.
(r) Recommendations for dealing with any inequalities that may
otherwise arise to endanger the stability of the Industry, and of
production and employment.
Except as otherwise provided in the National Industrial Recov-
ery Act all statistics, data and information filed in accordance with
the provisions of Article III shall be confidential, and the statistics,
data and other information of one employer shall not be revealed
to any other employer except that for the purpose of administering
or enforcing the provisions of this Code the Executive Committee
of the Advertising Specialty M\anufacturing Industry shall have
access to any and all statistics, data, and information that may be
furnished in accordance with these provisions.
In addition to information required to be submitted to the code
authority, there shall be furnished to government agencies such sta-
tistical information as the Administrator may deem necessary.
VTIII. UNwran TRADE PRACTICES
The following shall be considered unfair trade practices for this

I~ds(a) It shall be an unfair practice to dispose of out-of-date or
distress products, commonly knlown as last editions or job lots, in
such a way as to affect adversely the soundness and stability of the
Industry.
(b) It shall be an unfair trade practice to pirate original designs,
drawings, sketches, dummies, or copy of any product that has been
submitted to a prospective customer by a competitor.
(c) Price discrimination as between two or more buyers of the
same quantity of the same article shall be unfair practice.
(d) It shall be an unfair trade practice for any member to sell
any product at a price below his individual cost of production.
IX. GENERAL
SECTION 1. (a) 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 em-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collect~i ve bargsin i ng or other mutual aid or protection ;
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company urnon or to re-
frain from jommig, organizing, or assisting a labor organization of
his own choosing; and
(c) Employers shall comply with the maximum hours 'of labor,
minunum rates of pay, and other conditions of employment approved
or prescribed by the President.








Sma 2. (4) This Code and all the provisions thereof are expressly
madle subject to the right of the President, in accordance with the
provision of Sub-section (b) of Section 10 of the National Industrial.
Recovery Act, from time to time to cancel or modify any order, ap-
proval, license, rule or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the Presi-
dent to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.
.(b) Such of the provisions of this Code as are not required to
j:be mecluded therein by the National Industrial Recovery Aict may,
'"with the approval of the President, be modified or eluninated as
changes in circumstances or experience may indicate. It is contem-
plated that from time to time supplementary provisions to this Code
or additional Codes will be submitted for the approval of the Presi-
dent to prevent unfair competition and other unfair and destruc-
tive competitive practices and to effectuate the other purposes and
policies of Title I of the National Industrial Recovery Act.
(c) Any member of this industry who, prior to June 16, 1933, con-
tracted to buy or sell any goods, wares, or merchandise at a price
fixed as of the date of said contract, for future delivery, shall
make a bona fide effort to arrive at an equitable adjustment on the
prie teref s fxedbysai~d contract, to meet any proper increase
in the cost of such god, wreomecadsipsdbyvtu
of any provision of the National Industrial Recovery Act; and in
the event such effort fails to result in a mutually satisfactory ad-
justment, either party to said contract may refer the same for ad-
Justment to the Planning and Fair Practice Agency of the Industry,
which said Agency with the aid and assistance of the Administrator
or-his properly designated agent or agents, shall endeavor to arrive
at an equitable adjustment thereof
(d) Within each State members. of the Advertising Specialty
Manufacturing Industry shall comply with any laws of such State
imposing more stringent requirements regulating the age of em-
playees, wages, hours of work, or health, fire, or general working
conditions, than under this Code.




UNIERIY OF LOR D