Code of fair competition for the paper stationery and tablet manufacturing industry as approved on December 30, 1933 by ...

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Material Information

Title:
Code of fair competition for the paper stationery and tablet manufacturing industry as approved on December 30, 1933 by President Roosevelt
Portion of title:
Paper stationery and tablet manufacturing industry
Physical Description:
p. 559-568 : ; 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:
Stationery trade -- United States   ( lcsh )
Paper products industry -- Law and legislation -- United States   ( lcsh )
Office equipment and supplies industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 409-1-03."
General Note:
"Approved Code No. 190."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63654684
ocm63654684
System ID:
AA00009828:00001

Full Text







NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE

PAPER STATIONERY AND TABLET

MANUFACTURING INDUSTRY


AS APPROVED ON DECEMBER 30, 1933
BY
PRESIDENT ROOSEVELT


WE DO OUR PART


UNIV. OF FL LIB.
DOCuONS o



U.S. DEPO1dTOP-


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


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


I

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i

i,


For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


i Approved Code No. 190


Registry No. 409-1-03


























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalu, 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, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Lnuis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.









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Approved Code No. 190


CODE OF FAIR COMPETITION
FOR THE

PAPER STATIONERY AND TABLET

MANUFACTURING INDUSTRY

As Approved on December 30, 1933
BY
PRESIDENT ROOSEVELT






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 16, 1933, for my approval of a Code
of Fair Competition for the Paper Stationery and Tablet. Manufac-
turing Industry, and hearings having been held thereon and the
Administrator having rendered his report containing an analysis
of the said Code of Fair Competition together with his recommenda-
tions and findings with respect thereto, and the Administrator hav-
ing 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, 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 it is hereby, approved.
FRANKLIN DR ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Adniinistrator.

THE WHITE HOUSE,
December 30, 1933.


29283---296-111 -34


(559)













DECEMBER 21, 1933.
THE PRESIDENT
The iWhite House.
SIR: This is a report of the hearing on the Code of Fair Competi-
tion for the Paper Stationery and Tablet Manufacturing Industry,
conducted in Washington on October 5, 1933, in accordance with the
provisions of Title I of the National Industrial Recovery Act.

HOURS AND WAGES

The maximum hours specified by this Code for factory workers
are forty per week and eight per day, except during specified peak
months, when eight extra hours per week are permitted if paid for
as time and one third. Skilled mechanics, not to exceed ten percent
of the workers in any plant, may work hours in excess of forty,
but not more than forty-eight per week, all hours worked in excess
of forty per week and eight per day to be paid for as not less than
time and one third. Other employees are limited to forty hours
per week averaged over a period of thirteen consecutive weeks, but
not more than forty-eight in any one week. Slightly longer hours
are provided for watchmen, chauffeurs, truckmen, engineers, and
firemen.
The Code provides a minimum wage of 38 per hour for male, and
830 per hour for female factory workers in the Northern zone, and
80 per hour for all factory workers in the Southern zone. The
minimum wages for office workers range from $15.00 to $12.00 per
week, as in the President's Reemployment Agreement. The usual
provision is made that women doing the same work as men shall
receive the same pay. The only exemption from the minimum wage
rate is the handicapped worker, who may be employed at 80% of the
prescribed wage.

ECONOMIC EFFECT OF THE CODE

This industry converts paper into various forms for writing pur-
poses. There are about 60 firms in the industry, giving employment
to about 5,500 persons. The capital invested is estimated at 25
million dollars. The total employed in 1929 was about 7,000. In
1932 the total dropped to 4,486. Under the President's Reemploy-
ment Agreement the number of employees was increased to the
present figure. The forty-hour week provided in this Code will
not substantially increase employment for this industry, but in view
of the fact that the forty-hour week has become the general standard
in approved Codes, a shorter work week would amount to a penalty
of this industry.
Figures submitted by 34 of the 60 plants engaged in this industry
indicate that the prevailing minimum wage rate is 300 per hour.
(560)







561


The wage provisions of the Code will result in substantial increases
in pay rolls and purchasing power.

FINDINGS

The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7 and sub-ection (b) of Section 10
thereof; and that
(b) The applicant group imposes no inequitable restrictions an
admission to membership therein and is truly representative of the
Paper Stationery and Tablet Manufacturing Industry; and that
(c) The Code as recomnnended is not designed to promote monopo-
lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them. and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully submitted.
HUGH S. JOHNSON,
Administrator.









CODE OF FAIR COMPETITION


FOR THE

PAPER STATIONERY AND TABLET
MANUFACTURING INDUSTRY

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

ARTICLE I-DEFINITIONS

The following words are used in this Code with the meanings here-
in set forth:
"Industry", the manufacture in the United States of paper sta-
tionery, writing tablets, and school paper.
Member", a natural person, partnership, corporation, associa-
tion, trust, trustee, trustee in bankruptcy, or receiver engaged in such
Industry.
"Act ", Title I of the National Industrial Recovery Act.
"Administrator ", the National Industrial Recovery Administrator.

ARTICLE II-ORGANIZATION AND ADMINISTRATION

1. The members of the Board of Directors of the Paper Stationery
and Tablet Manufacturers Association, together with such other per-
son or persons as the Administrator may designate are hereby con-
stituted the Code Authority of the Industry. The members of the
Code Authority designated by the Administrator shall act in an
advisory capacity and shall have no vote.
2. The said Association shall file with the Administrator certified
copies of any amendments of its By-Laws relating to eligibility or
admission to membership in such Association, or relating to the
method of selection of the members of such Board of Directors,
which such Association may hereafter adopt.
3. The Administrator may at any time prescribe a different method
for selecting the Industry members of the Code Authority, and there-
after, such members shall be chosen in the manner so prescribed.
4. The Code Authority is charged generally with the duty of ad-
ministering this Code under the sanction and with the approval of
the Administrator. All acts of the Code Authority shall be subject
to review and to suspension, modification, or cancellation by the
Administrator.
5. The expenses of administering this Code shall be borne pro rata,
in accordance with a formula to be adopted by the Code Authority,
by all members of such Industry who accept the benefit of the services
of the Code Authority or otherwise assent to this Code.
6. The Code Authority shall have power to investigate alleged vio-
lations of this Code and acts or courses of conduct by any member
(562)







563


which are or appear to be contrary to the policy of the Act or which
tend or may tend to render ineffective this Code and to report the
same with recommendations to the Administrator.

ARTICLE III-HoURs OF LABOR

1. Employees in the Industry shall not be required or permitted
to work hours in excess of the limits prescribed in the following
schedule:
SCHEDULE OF WORKING HOURS

(a) Watchmen: Eight (8) hours in any one day and fifty-six (56)
hours in any one week.
(b) Chauffeurs, truckmen, engineers, and firemen: One hundred
sixty-eight (168) hours in any period of four (4) consecutive weeks,
but not more than ten (10) hours in any one day and forty-eight
(48) hours in any one week.
(c) All other laborers, mechanical workers, or artisans employed
in any plant, mill, or factory, or on work connected with the opera-
tion of such plant, mill, or factory: Forty (40) hours in any one
week and eight (8) hours in any one day; provided, however,
First, that when necessary to avoid reduction of employment of
other workers or the undue reduction of production, skilled workers,
to the extent of not more than ten (10%) percent of the total num-
her of workers in any one plant, may work hours in excess of such
limitations, but not more than forty-eight (48) hours in any one
week, all such time worked in excess of eight (8) hours in one day
and/or forty (40) hours in one week, to be paid for at not less than
time and one third; and
Second, that during the months of September, October, November
and December workers engaged in the manufacture of papeterie, and
during the months of July, August, September, and October workers
engaged in the manufacture of tablets and school paper, may work
an average of forty (40) hours per week, but not more than forty-
eight (48) hours in any one week or eight (8) hours in any one day.
(d) Executives and their personal secretaries and other employees
engaged in a supervisory capacity receiving $35.00 or more per week
and outside salesmen: No limitation.
(e) All other employees: An average of forty(40) hours per week
in any period of thirteen (13) consecutive weeks, but not more than
forty-eight (48) hours in any one week.
2. No limitation contained in said schedule shall apply to em-
ployees of any class when engaged in emergency repairs or emer-
gency maintenance work occasioned by breakdowns or involving pro-
tection of life or property.
3. No employee shall be permitted to work for two or more mem-
bers of the industry an aggregate number of hours in excess of the
number prescribed in said schedule.
4. No member shall operate his plant on Sundays. Female em-
ployees of the class described in subdivision (c) of Section 1 of this
Article shall not be permitted to work between the hours of 7: 00 p.m.
and 7: 00 a.m.







564


ARTICLE IV-WAGES

1. The minimum rate of wage of any laborer, mechanical worker
or artisan employed in any plant, mill, or factory or on work con-
nected with the operation of any such plant, mill, or factory shall
be as follows:
(a) Northern Zone (which shall consist of all territory in the
United States, except the States named in subdivision (b)):
Male: Thirty-eight (38) cents per hour.
Female: Thirty-three (33) cents per hour.
(b) Southern zone (which shall constitute the States of Virginia,
West Virginia, North Carolina, South Carolina, Georgia, Florida,
Kentucky, Tennessee, Alabama, Mississippi, Arkansas, Louisiana,
Oklahoma., and Texas):
Thirty (30) cents per hour.
2. Pieceworkers shall be paid at rates which will yield a worker
for an hour's work not less than the minimum rate above prescribed.
3. The minimum rates of wages for all other employees except
commission salesmen shall be as follows:
Not less than fifteen ($15) dollars per week in any city of over
500,000 population, nor less than fourteen dollars and fifty cents
($14.50) per week in any city between 250,000 and 500,000 popula-
tion, nor less than fourteen ($14) dollars per week in any city be-
tween 2,500 and 250,000 population, nor less than twelve ($12) dol-
lars per week in towns of less than 2,500 population.
4. Female employees performing substantially the same work
under the same conditions as male employees shall receive the same
rate of pay as male employees. The Code Authority shall within
90 days after the effective date of this Code file with the Adminis-
trator a description of all occupations in the Industry in which
both nfen and women are employed.
5. The wage rates of all employees receiving more than the mini-
mum rates herein prescribed shall be reviewed and such adjust-
ments, if any, made therein as are equitable in the light of all the
circumstances, and within sixty (60) days after the effective date
hereof, the Code Authority shall report to the Administrator the
action taken by all members of the Industry under this Section.
6. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at
a wage of not less than 80% of the minimum prescribed by this
Code, provided 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 persons employed by him. The pro-
vision of this Section requiring a certificate of authority shall not
become effective until sixty days after the effective date of this Code.
ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed
in the Industry. No person under eighteen (18) years of age shall
be employed at operations or occupations which are hazardous in
nature or dangerous to health. The Code Authority shall submit







565


to the Administrator within sixty (60) days afte: the effective date
of this Code a list of such operations or occupations. In any State
an employer shall be deemed to have complied with this provision
as to age if he shall have on file a certificate or permit duly signed
by the authority in such State empowered to issue employment or
age certificates or permits, showing that the employee is of the
required age.
2. Employees shall have the right to organize and bargain col-
lectively 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 pur-
pose of collective bargaining or other mutual aid or protection.
No employee and no one seeking employment shall be required as
a condition of employment to join any company union or to refrain
from joining, 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 employ-
ment 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 work, or as to safety, health,
sanitary or general working conditions, or insurance, or fire protection
than are imposed by 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 the Act or of this Code.
5. All employers shall post complete copies of this Code in con-
spicuous 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
of their employment. Standards for safety and health shall be sub-
mitted by the Code 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 spe-
cific projects by competent governmental authority acting in accord-
ance with law, or to terms of employment which are established by
labor agreements now in force, where either the wages are higher or
the hours of labor are shorter, or both than are those set forth in this
Code.
8. The Code Authority shall make a study of conditions in the
industry to determine the feasibility of the adoption of a shorter
working week and shall, within three (3) months after the effective
date of this Code, make a report of its findings to the Administrator.
The Code Authority shall also submit to the Administrator within
six (6) months after the effective date of this Code, a plan for the
stabilization and regularization of employment.

ARTICLE VI-ACCou NTI NG-SELLING

1. The Code Authority shall, as soon as practicable, formulate a
standard method of accounting and costing for the industry and







566


submit the same to the Administrator. When it shall have been
approved by the Administrator, every member shall use an account-
ing and costing system which conforms to the principles of, and is
at least as detailed and complete as, such standard method.
2. Each member shall, on or before 30 days after the effective
date of this Code, file with the Code Authority complete schedules
in such form as the Code Authority shall prescribe of prices and
terms and conditions of sale for domestic consumption (including
all differentials, discounts, trade allowances, and special charges) of
all products offered for sale by such member, and shall so file all
subsequent changes therein or revisions thereof at least five days
prior to the effective time of any such changes or revisions. When
any member shall file any such schedule or any revision thereof, any
other member may also file a revision of his own schedule to become
effective as of the same time as such first mentioned schedule. The
Code Authority shall, upon request, furnish any person concerned,
whether or not a member of the Industry, a copy of all such sched-
ules and of all changes and revisions thereof.
3. No such schedule of prices and terms and conditions of sale
filed by any member, or in effect, at any time in any quarter of
any calendar year shall be such as to permit the sale of any product
at less than the lower of the following:
(a) The cost of such product to such member during the last
period of twelve consecutive months ending not less than thirty (30)
days prior to the date of filing, which cost shall be determined pur-
suant to the method of accounting and costing prescribed by the
Code Authority under this Article as soon as that method is pre-
scribed and theretofore pursuant to the method employed by such
member subject to such preliminary rules as the Code Authority
shall from time to time prescribe.
(b) The lowest price scheduled for such product under the provi-
sions of this Article by any other member and then in effect.
Each schedule filed under this Article shall state whether the
prices, terms, and conditions therein specified are justified under sub-
division (a) or under subdivision (b) of this Section, and in the case
of justification under subdivision (b) shall identify the schedule or
schedules of the other member or members of the industry justifying
such prices, terms, and conditions. A schedule justified upon the
basis of the schedule or schedules of another member or members
shall become void forthwith upon the cancellation or revision upward
of such justifying schedule or schedules.
4. The Code Authority shall have power on its own initiative, or
on the complaint of any member, to investigate any price for any
product shown in any schedule filed hereunder, and for such purpose
to require the member who filed such schedule to furnish such infor-
mation concerning the cost of manufacturing such product as the
Code Authority shall deem necessary or proper for such purpose.
If the Code Authority, after such investigation shall determine that
such price violates the provisions hereof, the Code Authority shall
so notify such Ineimbr. and thereupon such price shall become void
and of no effect. All such decisions by the Code Authority shall be
filed with the Administrator.







567


5. Except in fulfillment of bona fide contracts existing 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, however, that discontinued lines
or damaged goods or seconds or distress merchandise required to be
sold to liquidate a defunct business, may be disposed of in such
manner and on such terms and conditions as the Code Authority
may approve.
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 Industry.

ARTICLE VII-REPORTS AND STATISTICS

1. Each member shall prepare and file with the Executive Sec-
retary of the Code Authority 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, inventory, both raw
and finished, number of employees, wage rates, employee earnings,
hours of work, and other matters, as the Code Authority or the Ad-
ministrator may from time to time require. Any or all information
so furnished by any member shall be subject to checking for the pur-
pose of verification by an examination of the books and accounts and
records of such member by any disinterested accountant or account-
ants or other qualified person or persons designated by the Code
Authority.
2. Except as otherwise provided in the Act, or in this (ode, all
statistics, data, and information filed or required in accordance with
the provisions of this Code shall be confidential and the statistics,
data, and information of one member shall not be revealed to another
member. No such data or information shall be published except in
combination with other similar data and in such a manner as to avoid
the disclosure of confidential information. The Code Authority shall
arrange in such manner as it may determine for the publication cur-
rently to members, totals of orders received, unfilled orders, ship-
ments, stocks of finished goods on hand, and production.
3. The Code Authority shall make such reports to the Adminis-
trator as he may from time to time require.
4. In addition to information required to be submitted to the Code
Authority there shall be furnished to Government Agencies such
statistical information as the Administrator may deemn ncces.ary for
the purposes recited in Section 3 (a) of the Act.

ARTICLE VIII-RECOMMIENDATIVNS

1. The Code Authority may, from time to time, present to the
Administrator recommendations based on conditions in the Industry
which will tend to effectuate the operation of this Code and the
policy of the Act, and in particular along the following lines:




UNIVERSITY OF FLORIDA

1Iii 1ll 1 IIA AU 3Illl II
3 1262 08850 5515
568

(a) For the establishment of rules of fair trade practice for the l
Industry and for the codification of its trade customs, and the
enforcement thereof.
(b) For restrictions on the creation of new facilities for the man-
ufacture of any product of the industry or on the acquisition by any ^|
member of new equipment for such manufacture. -
(c) For the establishment of plans to bring about a reasonable
balance between the production and consumption of the products of :
the industry.
Such recommendations, when approved by the Administrator, shall
have the same force and effect as the provisions of this Code.
ARTICLE IX-GENERAL PROVISIONS
1. If any member is also a member of another industry, the pro-
visions of this Code shall apply to and affect only that part of his
business which is included in this industry.
2. Any work or process incidental to, and carried on by a member
at his plant as a part of the manufacture of any product of the
industry, shall be regarded as a part of this industry.
3. Such of the provisions of this Code as are not required to be
included therein by the Act may, with the approval of the President
of the United States, be modified or eliminated as changes in circum-
stances or experience may indicate.
4. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of Section 10 (b) of the Act from time to time to cancel or
modify any order, approval, license, rule, or regulation issued under
Title I of said Act, and specifically, but without limitation, to the
right of the President to cancel or modify his approval of such code
or any conditions imposed by him upon his approval thereof.
5. This Code shall become effective on the second Monday after
the date upon which it shall be approved by the President of the
United States.
Approved Code No. 190.
Registry No. 409-1-03.