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Approved Code No. 168-Amendment No. I
Registry No. 1034-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON APRIL 28, 1934
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Approved Code No. 168-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
As Approved on April 28, 1934
APPROVING AMENDMENTS TO CODE OF FAIR COMPETITION FOR THE
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 approval of amendments
to the Code of Fair Competition for the Refractories Industry, and
hearings having been duly held thereon and the annexed report on
said amendments, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendments and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendments
be and they are hereby approved, and that the previous approval of
said Code is hereby modified to include an approval of said Code in
its entirety as amended.
HUGH S. JOHNSON,
Administrator foi Industrial Recovery.
A. R. GLANCY,
Division A dinistrator,
WASHINGTON, D. C,,
April 28, 1934.
558160-482-182-- 34 t)
REPORT TO THE PRESIDENT
The White House.
Smi: This is a report on the Proposed Amendments to the Code
of Fair Competition for the Refractories Industry, as revised after
a Public Hearing conducted in Washington on April 9, 1034, in
accordance with Article XI, Section 4 of said Code as approved.on
December 18, 1933.
The Amendments to Section B, Article IV provide that coinmmon
labor shall not be employed more than an average, of 36 hours per
week in any 30 day period instead] of the 40 hours per week specifiedd
in the approved Code.
Section C of Article IV of the approved Code has been modified
to provide an increase of 10'- in the minimum wages for the various
di.t icts ;-pecifivd and further provides for an equitable adjiustmelnt
(if wvige rates for occupations other than thosv receiving the mini-
mum wage rates specified and less than $35.00 per week (except that
in the case of those members of the Indulstry who as of March 1,
1094 were paying higher than the nminiliiIInU wages specified in the
Code these rate- shall at least. maintain the difference in hourly and
piece work rates for those ociupations exiting as of March 1, 1934).
This does not, however, apply to clerical and office worker.-, nor to
suimperviiory or techniii'l employees who may not exceed 101% of
the total n1111114lr of employees.
The Acting Deputy Admniii-trLator in his finli report to me on
said Amendieint.s to said Code having found as herein set forth and
on the ba.iis of all the proceedings in this matter:
I find that:
(a) The Amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obltlrucctons to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and .supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of industries, by avoiding
undue restriction of production (except. as may be temporarily
required), by increasing the consumption of industrial and agri-
cultural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions. of said Title of said Act, including without limitation
Subsection (a) of Sucltion 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The American Refractories Institute was and is an industrial
association truly representative of the aforesaid Inidu.-try and that
said Institute imposed and imposes no inequitable restrictions on
admission to membership therein and has applied for or consents
to these Amendments.
(d) The Amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
For these reasons, these Amendments have been approved by me.
HuGH S. JOHnSON,
APRIL 28, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE REFRACTORIES INDUSTRY
Pursuant, to Article XI, Section 4, of the Code of Fair Competition
for the Refractories Industry, duly approved by the President on
December 18, 1933, and further to effectuate the policies of Title I
of the National Industrial Recovery Act, the following amendments
are established as a part of said Code of Fair Competition and shall
be binding upon every member of the Refractories Industry.
ARTICLE IV-HouRS OF LABOR, RATES OF PAY, AND OTHER CONDITIONS
SECTION B. Hours of Labor.-Second paragraph amended to read
No employer in the Industry shall cause or permit any employee
engaged in common labor at minimum wage rates to work at an
average of more than thirty-six (36) hours per week in any thirty
(30) day period, nor cause or permit any other employee in the
Industry to work at an average of more than forty (40) hours per
week in any thirty (30) day period, nor either class of labor more
than eight (8) hours in any one (1) day."
Seventh paragraph amended to read as follows:
"Nor shall these maximum hours of labor apply to the following:
1. Employees whose labor requires their presence prior to or
after the regular hours of operations.
"2. Employees engaged in count inuous processes.
"3. Employees engaged in work where limitation of hours of
work per day may operate unfairly against the employee or may
limit production and thereby deprive other employees of labor."
Eighth paragraph amended to read as follows:
"Those employees enumerated in items one to three, inclusive, of
the preceding paragraph shall be limited to an average week of
forty-eight (48) hours in any thirty (30) day period, and their num-
ber shall not exceed 10% of the total employees in any operating
Add as a new final paragraph the following:
In the case of those members of the Fire Clay Producers Divi-
sion, operating open pit mines or quarries, in order to take care of
the irregularity of employment due to inclement weather, all condi-
tions of this Section B shall apply except that employees engaged in
such open pit mines or quarries shall not be limited to a maximum
day of eight (8) hours."
SECTION C. Vages.-First paragraph a meridd by striking out the
rates per hour shown therein and substituting in lieu thereof the
rates shown below:
District No. 1: Maryland, New Jersey, Nu-v York, and New Enhland
States, and Pennsylvania with the exception of Pittsburgh and Salina_ 38
District No. 2: Pittsburgh and Salina, Pa. and Niles, Ohio -------------- 44
District No. 3: West Virginia, Ohio, and Kentucky, with exception of
Niles, Cincinnati, and Portsmouth, Ohio, and Ashland and Louisville,
Ky -------------------------------- 35%
District No. 4: Cities of Cincinnati and Portsmouth, Ohio, and Ashland
and Louisville, Ky---------------------------------------------- 381/
District No. 5: Alabama, Georgia, Tennessee, South Carolina, North Caro-
lina, Florida, Louisiana, and Mississippi --- -------27%
District No. 6: East Chicago, Indiana, and Joliet, Illinois -------------- 41
District No. 7: Indiana and Illinois, except the cities of East C]iial'--,
Indiana and Joliet, III_------------------- 38%1/
District No. 8: Missouri District, other than St. Louis and St. Louis
St. Louis and St. Louis County ---------------38
District No. 9: Texas and Arkansas -------------------------------- 27%
District No. 10: Colorado, Utah, Montana and Wyoming ---------------
District No. 11: California, Wa;hbinict n and Idaho --------------- 38
Any other places not specifically covered---------------------------- 38
Seventh paragraph amended to read as follows:
"Wage rates for occupations other than those receiving a mini-
mum wage herein described and less than $35.00 per week shall at
least maintain the difference in hourly and pivce work rates for those
occupations existing as of June 1, 1933, and in every case such rates
shall be increase by an amount not less than 10% of the minimum
base rates in effect March 1, 1934, (except in the case of those mem-
bers of the Industry who as of March 1,, 1934, were paying higher
than the minimum code wages, such rates shall at least maintain the
difference in hourly and piece work rates for those occupations ex-
isting as of March 1, 1934). This shall not apply to clerical and
office workers, nor to supervisory or technical workers, such super-
visory or technical employees not to exceed 10% of the total."
These' Amendments shall become effective on May 1, 1934.
Approved Code No. 168. Amendment No. 1.
Registry No. 1034-1-01.
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