Code of fair competition for the waste material industry as submitted on August 18, 1933

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Material Information

Title:
Code of fair competition for the waste material industry as submitted on August 18, 1933
Portion of title:
Waste material industry
Physical Description:
8 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1632-08."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930438
oclc - 643558476
System ID:
AA00008441:00001

Full Text







NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION
FOR THE


WASTE MATERIAL INDUSTRY

AS SUBMITTED ON AUGUST 18, 1933



R~EGISTRY No. 1632--08



The Code for the Waste Material Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry





MEMBERS


U.L


UNIV.'~ OFF B


O ...O


U.S. DEPOSITORY

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933

For sale by the S~uperintendent of Documents, Washingion, D.C. - Price 5 cents






















PREFACE

The National Association of Waste Material Dealers, Inc., was
organized on March 24, 1913.
It was incorporated under the Laws of the State of New York
on July 2, 1919.
For many years it was the only national organization representing
the WVaste M~aterial Industry.
From the date of its inception the Association has represented
every branch of the Waste Mfaterial Industry.
The Association has been in continuous existence since the date of
its organization, and its By-Laws admit as members all persons,
firms, or corporations engaged in any branch of the Waste Material
Industry.
Two copies of the Association's By-Laws accompany this Code of
Fair Competition.
(II)












'CODE OF FAIR COMPETITION FOR THE WASTE MATERIAL
INDUSTRY

SUBMITTED BY THE NATIONAL ASSOCIATION OF WASTE
MATERIAL DEALERS, INC.

EMIBRACING THE FOLDWINGI DIVISIONS AND ORGANIZATION
:SCRAP RUBBER DIVISION, COTTON WASTE DIVISION, SCRAP IRON DIVISION,
WOOLEN RAC DIVISION, WASTE PAPER INSTITUTE, ASSOCIATED RAG
INDUSTRIES, SECONDARY METAL INSTITUTE, NATIONAL WIPING CLOTH
STANDARDIZATION ASSOCIATION

ARTICLE 1--FURPO8E

To effectuate the policy of Title 1 of the National Industrial Re-
covery Act during the period of the emergency by reducing and
relieving unemployment, improving the standards of labor, eliminat-
ing competitive practices destructive of the interests of employers,
Employees, and the public, and in the interest of the conservation of
the virgin natural resources of the country, for which waste materials
are a substitute, the following provisions are established as a Code of
Fair Competition for the Waste Material Industry on and after the
effective date of this Code.

ARTICLE II -DEFINITIONS

The term "L Waste Mfaterial Industry "! as used herein is defined to
mean those engaged in the handling of waste or secondary materials,
including nonferrous metals (dealers and smelters) scrap iron, cotton
and woolen rags, old bagging, rope, waste paper, scrap rubber, cotton
and silkr waste, wiping cloths, and a large number of specialties, such
as scrap glass, scrap leather, film waste, etc.
The term Member of the Industry means and includes any per-
-son, firm, or corporation operating in any branch of the waste
material industry.
The term "L Employers shall mean all persons who employ labor
in the conduct of any branch of the waste material industry, as de-
fined above.
The term "L Employees shall mean all persons employed in the
conduct of any branch of the waste material industry.
The term "L Effective Date shall mean the second M~onday after
this Code has received the approval of the President.
The term "L The President shall mean the President of the United
States of America.
The term "' Person shall mean any individual, partnership, asso-
ciation, trust, or corporation.
The term "' South as used in this code, shall mean south of the
1Mason and Dixon Line, south of the Ohio River, and east of the
Mississippi River and including the State of Missouri.


8235--33







ARTICLE III -PARTICIPASTION IN THE CDE
SECTION 1. Participation in this code and any subsequent revision
of, or addition to the code, which may hereafter be approved by the
President, shall be extended to and shall apply to any person, part-
nership, or corporation engaged in the waste-material industry.
SEO. 2. For the purpose of properly enforcing the labor, minimum
wage, and other provisions of this code, each unit in the waste-
material industry, shall pay its pro rate share of the expense incurred
in carrying out the provisions of this code. Such pro rata share
shall be fixed by the Board of Directors of the National Association
of Waste Material Dealers, Inc., and shall be payable to the Treas-
urer, designated by the above-mentioned Board of. Directors for that
purpose, within thirty (30) days after the Effective Date of this
code and thereafter within thirty (30) days of each succeeding anni-
versary date of approval of this code so long as it may legally be in
effect. Failure ofany unit to pay such charge shall constitute a,
violation of this code.

ARncr;E IVT-ADMITNISTRATION OF THE CODE
The Board of Directors of the National Association of W7aste Ma-
terial Dealers, Inc., is hereby designated the agency for administer-
ing, supervising, and promoting the performance of the provisions
of this code a~nd shall have all the powers and duties conferred upon
it byl the code, and generally all such other powers and duties as
shall be necessary or proper to enable it fully to administer the code
and to effectuate its purpose.
For the purpose of carrying out the provisions of the National
Industrial Recovery Act and complying with the spirit thereof, every
employer in the wdaste-material industry shall prepare and furnish
to the Board of Directors of the National Association of Waste
Material Dealers, Inc., such information as is required-for the proper
enforcement of the provisions of the code.

ARTICLE V--REPORTS AND STBT[rICsle

Except as otherwise provided in the National I~ndustrial Recovery
Act, all statistical data filed in accordance with the provisions of
Article IV shall be confidential and the data 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 Board
of Directors of the National Association of Waste Material Dealers,
Inc., or their duly authorized representatives, shall have access to
any and aUl statistical data that may be furnished in accordance with
the provisions of this code.
A-RTICLE VI--CHILD LABOR
On and after the Effective Date of this code no person under, six-
teen (16) years of age shall be employed in the waste-material industry,
except that persons between fourteen (14) and sixteen (16) years
of age may be employed for not to exceed three (3) hours a day,
and those hurs between seven (7) A.M. and seven (7) P.M., in such
work as will not interfere with hours of day school.








ARTICLE VJII-LABOR

SEcTION 1. Employees of members of the waste material industry
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-organiza-
tion or in other concerted acti-it~ies for t~he purpose of collective
bargaining or other mutual aid or protection.
SEc. 2. No employee of a member of the .waste material industry
and no one seeking employment therein shall be required, as a condi-
tion of employment, to join any company union, or to~refrain from
jommig, orgamizmg, or assisting a labor organization of his own
c~hoosi ng.
SEc. 3. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President of the United States.
ARTICLE VIII

MINIMUM~ WAGES AND MABXIMUM HOURS

On and after the Effective Date of thiis code, the minimum wages
that shall be paid by any employer in the respective divisions of
the waste material industry, and the maximum hours of work shall
be as follows:
WASTE PAPER

Twenty-five cents (25e) per hour for female sorters.
Forty cents (400) per hour for male labor.
Five cents (5e) per hour less for Southern Labor.
Forty (40) hours per week.
Forty-eight (48) hours per week for Chauffeurs, Drivers, Helpers,
Engineers, and Watchmen.
COTTON RAGS

Mlen: Thirty-five cents (35$) in the North (per hour)"; thirty cents
(300) in the South (per hour).
Female sorters: Twenty-five cents (25d) per hour in the North;
twentyv cents (204) per hour in the South.
Forty-four (44) hours per week.
Apprentices--6 week period: $7i.00 per week in the North; $68.00
per week in the South.
Forty-eight (48) hours per week for Chauffeurs, Drivers, Helpers,
Engineers, and W~at~chmen.
sonRB sturBER

Forty cents (400) per hour in the North; thirty-five cents (855t)
per hour in the South.
Forty (40) hours Mr' week.
Forty-eight (48) hours per week for Chaniffeurs, 'Drivers, Helpers,
Engineers, and Watchmen.







BORAP IEON

Thirty-seven and one-half cents (371/24) per hour in the North;,
twenty-seven cents (274) per hour in the South.
Forty (40) hours per week.
Forty-eight (48) hours per week for Chautfeurs, Drivers, H~elpers,.
Engineers, and Watchmen.
WOOIAN RAG8

Men: Thirty-five cents -(35$) per hour; Women, twenty-five cents
(25d) per hour.
One dollar (51.00) per week less in the South.
Forty-four (44) hours per week.
Apprentices: Six (6) week period; seven dollars ($1.00) per-
week.
Forty-eight (48) hours per week for Chauffeurs, Drivers, Helpers,.
Engineers, and Watchmen.
COTTON WASTE

Minimum wage in the North $10.00 per week.
1Minimum wa.ge in the South $9.00 per week.
Forty (40) hours per week.
Forty-eight (48) hours per week for Chauffeurs, Drivers, Helpers,-
Engineers, and W7atchmen.
SECONDARY METALS

Minimum wage Thirty-five cents (35C) per hour.
Five cents (54) per hour less in the South.
Forty (40) hours per week.
F~orty-eight (48) hours per week for Chauffeurs, Drivers, Helpers,.
Engineers, and WSatchmen.
WIPING CLOTHS

M~en $17.60 per week, at the rate of Forty cents (40k) per hour in~
t~he North and a Forty-four (44) hour week.
.Women $10.00 per week, at t~he rate of Twenty-five cents (259)
per hour in the North for a Forty (40) hour week.
In the South the minimum wage shall be $15.40 per week at the-
rate of Thirty-five cents (35d) per hour for men and $8.00 per week
at the rate of Twent~y cents (20#) per hour for women, except that.
apprentices mlay be employed for a period not to exceed two (2)
weeks, to receive not less than $7.00 per week.
Maximum hours for women in the South, Forty (40) hours.
Maximum hours for men in the South, Forty-four (44) hours.
Forty-eight (48) hours per week for Chauffeurs, Drivers, Helpers,.
Engif~,nees an atchmen.
NOTE.-Te minimum rate of wages covering any commodities-
embraced in the waste material industry, not covered specifically by-
above designations, shall be as follows;







ThitS~v cnts(34)pe hur n heNot5
Thirty-fv cents (35<#) per hour in the North.
For a week of Forty (40) hours, with the same exceptions as to
Chauffeurs, Drivers, Helpers, Engineers, and Watchmen, as pro-
vided above.

ARTIcLE IX-SEING BY SEALED BIDS

Because a large volulme of waste material business has been done
at a loss due to the practice by sellers, after offering the material
on bids to be opened, at a definite time, of divulging to competing
bidders information as to other bids received, it is strongly recom-
mended that all such business shall be on thle basis of sealed bids,
and it shall be a violation of this Code for members of the industry
to seek or accept information on competitors' bids on such sales.
ARTICLE X--PRODUCER COM~PETITION

Whenever a producer of waste material sells such material direct
to the ultimate consumer rather than through a dealer, thereby
coming into competition with a member of the waste-material indus-
try, said producer shall be governed by any and all provisions
contained in this Code, having to do with the commodity sold.
AnIcLE X~I-RECIPROOAL ARRANGEMENTS

Reciprocal arrangements between producers and consumers, such
as the exchange on the part of producers of t~onnages of waste mate-
rials for finished products, disturb the whole competitive structure
of the waste-material industry and offer an easy opportunity for
granting rebates and violating the provisions covered in the Code
of fair competition of other industries. Such arrangements are
strongly disapproved by the waste-material industry.
ARTICLE XII--COMPETTITON OF CHARITABLE ORGANIZATIONS

No Charitable Organization may engage in the handling of waste
materials unless (a) all such material handled represents material
donated and is by suchi organization sold through waste material
dealers or (b) unless such Charitable Organizations comply with
the minimum wage, maximum hours, and other regulations set up
in this code to which other employers in the waste material industry
are subject.
ARTICLE SITT--COOPERA~TION W'ITH CONSUMING INTERESTS

With a full appreciation of the fact that a Code of Fair Compe-
tition for the waste material industry, to be effective, requires the
cooperation of those consuming such ma~terial, there shall be, set up
by the various divisions of the waste material industry, following
the approval of this code, Trade Relations Committees for the pur-
pose of cooperating with those industries consuming waste materials.








ARTICLE XIV -MEMBERS OF Eurnoran's~ FAMILY ExmorantiE&

Wherever an employer in the waste material industry employs the
services of members of his family, all such .persons must be re-
garded as employees, and shall be subject to all provisions contained
in this code affecting employees of members of the waste material
industry.
ARTICLE XV--RUSLES FOR THE INDUSTRY

I~n the interest of uniformity and fair competition, the various
divisions making up thle waste material industry covered by this
Code, will submit at a later date, as an amendment to this code, rules
and regulations governing the conduct of each branch of the industry
and after such rules have been approved by the President, any
violation of them will constitute a violation o~f this code.
APRTICLE XVI I rrERPREFTA TION S

This code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provision
of Section 10 (b) of Title 1 of the National Industrial Recovery Act,
from time to time to cancel or modify any order, approval, license,
rule, or regulation, issued under Title 1 of said Act, and specifically
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.
AlRTCLE XYVII-AIMEN'DHENTS

Such of the provisions of this code as are not required to be in-
eluded herein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in circumstances or experience may indicate. It is contemplated that
from time to time supplementary provisions to this code or addi-
tional codes will be submitted for the approval of the President to
prevent unfair competition in price and other unfair and destruc-
tive competitive practices and to effectuate the other purposes and
policies of Title 1 of the National Industrial Recovery Act, con-
sistent with the. provisions hereof.

ARTICLE X VIII--ARBITRATION

Any complaint, difference, controversy, or question of fair com-
petition arising under or out of this code or concerning the inter-
preta~tion or application of any provisions thereof which cannot be
adjusted amicably through the instrumentality of the Board of
Directors of the National Association of Waste Material Dealers,
Inc., shall be submitted to arbitration by the use of the American
Arbitration ,Tribunal maintained .by the American Arbitration
A ssoc iati on.
ARTILtjE XIX -TRADE Pascarom RULES

A. Willful delivery of an inferior product against a contract for
a particular grade by means of false packing that cannot be readily








discovered, the effect of which is to deceive the purchaser, or the
substitution of an inferior grade of material against a contract
calling for a particular grade without the permission of the. pur-
chaser and ultimate consumer with the intent and effect. of deceiving
the purchaser and ultimate consumer, constitutes a violation of this
code.
B. The defamation of competitors by falsely imputinlg to them
dishonorable conduct, inability to perform contracts, questionable
credit standing, or by other false representations or t~he falise dlis-
paragement of the grade or quality of their goods, with the tendency~
and capacity to mislead or deceive purchasers or prospective pur-
chasers and the tendency to injuriously affect the business of such
competitors, constitutes a violation of this code.
C. Directly or indirectly to give or permit to be given or offer to
give money or anything of value to agents, employees, or represen-
tatives of customers, or prospective customers, or to agents, employees
or representatives of competitors' customers or prospective "custom-
ers, without the knowledge of their employers or principals, as an
inducemlent to influence their employers or principals to purchase
or contract to purchase industry products from the maker of, such
gift or offer, or to influence such employers or principals to refrain
from dealing or contracting to deal with competitors, constitutes a
violation of this code.
D. Willfully inducing or attempting to induce the breach of an
existing contract, or the interference or attempted interference with
the performance of any contractual duty for the purpose and effect
of injuring or destroying the patronage, property, or business of
a competitor, constitutes a violation of this code.
E. The selling of goods below cost with the intent anld with, the
effect of injuring a competitor and where the effect mnay be to sub-
stantially lessen competition or tend to create a mnonop~oly or to
unreasonably restrain trade, constitutes a violation of this code.
F. The issuance of fictitious? inflated, deflated, or msleading price
quotations or offers for the purchase or sale of waste materials wCith
no purpose to accept proposals received or to make sales at the prices
quoted but solely to attract purchasers to his place of business, con-
stitutes a violation of this code.
G. The submission of false claims to a supplier wh~en same are
not founded on actual mill or ultimate consumer reports or are not
substantiated by authentic debit bills, constitutes a violation of this
code.
H. The issuance of fictitious bills of lading or other documents of
title, or the willful inclusion of erroneous weights or other informa-
tion therein, for the purpose of securing advances of money or full
payment when the contract provides otherwise, constitutes a viola-
tion of this code.
I. The practice of neglecting or failing to return signed con-
tracts or confirmations of verbal or telephone agreements of pur-
chase and sale with the end in view of later relyingr on the absence
of any signed contract or memorandum as ground for repudiation of
the agreement, constitutes a violation of this code.
J. Contracts, either written or oral, are business obligations which
should be performed in letter and spirit. The repudiation of con-








tracts by sellers on a rising market, or by buyers on a declining
market, is equally reprehensible and constitutes a violation of this
code.
K. The intentional failure to fill orders or perform contracts ex-
cept for Act of God or other lawful cause, or the intentional with-
holding by the purchaser of shipping instructions with the intent of
avoiding the contract constitutes a violation of this code.
L. The failure of dealers or brokers to give credit for overweights,
where credit for overweights has been given by the consumer, con-
stitutes a violation of this code.
M. Violation by either party, buyer or seller, of the agreement
between them as to the discount for cash constitutes a violation of
this code.
N. It is the judgment of this industry that a~n accurate knowledge
of costs is indispensable to intelligent and fair competition and
failure of a member of the industry to adopt some accurate method
of cost finding shall constitute a violation of this code.
O. The industry approves the practice of handling disputes in a
fair and reasonable manner, coupled with a spirit of moderation
and good will and every effort should be made by the disputants
themselves to arrive at an agreement. If unable to do so they should
agree, if possible, upon arbitration under some of the prevailing
codes.



















































































































































































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