Proposed code of fair competition for the elevator manufacturing industry as submitted on August 7, 1933

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Title:
Proposed code of fair competition for the elevator manufacturing industry as submitted on August 7, 1933
Portion of title:
Elevator manufacturing industry
Physical Description:
6 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:
Elevator 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. 1311-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647763220
ocn647763220
System ID:
AA00009918:00001


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Registry No. 1311-01


NATIONAL RECOVERY ADMINISTRATION



PROPOSED CODE OF FAIR COMPETITION

FOR THE


ELEVATOR MANUFACTURING


INDUSTRY

AS SUBMITTED ON AUGUST 7, 1933


VIR
ME EMBER


U.L&


DO OUR PART


The Codelfor the Elevator Manufacturing 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




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933

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


































SuBMITTED BY

NATIONAL ELEVATOR MANUFACTURING INDUSTRY
(II)









(Draft of August 7]


CODE OF FAIR COMPETITION OF THE NATIONAL
ELEVATOR MANUFACTURING INDUSTRY

ARTICLE I-DEFINITIONS

Wherever used in this Code, terms shall have meanings as follows:
1. Industry means the business of manufacturing and installing
passenger and freight elevators.
2. "Association 'means the organization known as National Ele-
vator Manufacturing Industry.

ARTICLE II-PURPOSE

1. The purpose of this Code of Fair Competition is to aid in
effectuating the declared policy of the National Industrial Recovery
Act, and to that end the provisions of Title I of said Act so far as
applicable to the industry, are adopted as a part of this Code.
2. The Code is not designed to promote monopolies or to eliminate
or oppress small enterprises or otherwise discriminate against them.
ARTICLE III-MEMBERSHIP

1. All manufacturers of passenger or freight elevators in the
United States, regardless of size or form of organization, are in-
vited to become members of the National Elevator Manufacturing
Industry and to have a voice and to participate equitably in the
affairs of said Association and in the promotion of industrial
recovery.
2. Each member of the Association, by a duly constituted repre-
sentative, is entitled to one vote at all Association meetings.
3. Any member of the industry desiring to become a member of
the Association shall sign and mail to the Association an applica-
tion substantially as follows:
To: NATIONAL ELEVATOR MANUFACTURING INDUSTRY,
250 Eleventh A venue, New York C;ty.
The undersigned, engaged in the manufacture and installation of
elevators, hereby makes application for membership in the National
Elevator Manufacturing Industry, and agrees that it shall be subject
to and will comply with the Constitution and By-Laws and Code of
Fair Competition of said industry under the National Industrial
Recovery Act.
Date -------------- -----
Name Address


By ..-------- -----. -- -- --.
President
9429-33 ( 1





2
ARTICLE IV-CONDITIONS OF EMPLOYMENT, HOURS OF LABOR, AND
RATES OF PAY

1. As required by Section 7 (a) of Title I of the National Indus-
trial Recovery Act, the following provisions are conditions of this
Code.:
"(1) That employees shall have the right to organize and bar-
gain collectively through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of employ-
ers of labor, or their agents, in the designation of such representa-
tives or in self-organization or in other concerted activities for the
purpose of collective bargaining or other mutual aid or protection;
(2) that no employee and no one seeking employment shall be re-
quired 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; and (3) that employers shall comply with the
maximum hours of labor, minimum rates of pay, and other condi-
tions of employment, approved or prescribed by the President."
1A. Without in any way attempting to qualify or modify, by in-
terpretation, the foregoing requirements of the National Industrial
Recovery Act, employers in this industry may exercise their right
to select, retain, or advance employees on the basis of individual
merit, without regard to their membership or nonmembership in
any organization.
2. On and after the effective date of this Code members of the
Industry shall not employ anyone under the age of sixteen years.
3. Shop Labor.-Shop labor is labor performed in the factory in
connection with the processing of the products of the elevator manu-
facturing industry.
Maximum hours and Minimum wages.-On and after the effective
date of this Code, the maximum hours of shop processing labor shall
be thirty-five (35) hours per week, and the minimum wage that shall
be paid by any member of the industry to any employee engaged in
shop labor shall be 40t per hour, unless the rate per hour for the
same class of labor on July 15, 1929 was less than 40t, in which case
the rate per hour shall be not less than the rate per hour paid on
July 15, 1929, and provided also that in no event shall the rate per
hour be less than 300 per hour, and provided further that casual and
incidental labor and learners may be paid not less than 80% of such
minimum wage, but the total amount paid to such casual and inci-
dental labor and earners shall not exceed in any calendar month 5%
of the total wages paid to all shop labor by such employer.
3A. The foregoing provisions of this Article as to hours of labor
are not to apply to persons engaged in shop repair or shop mainte-
nance work nor to executive, administrative, or supervisory em-
ployees or traveling salesmen, nor in cases of emergency requiring
the protection of life or property.
4. Field Labor.-Field labor is labor performed in the erection of
new elevators or in connection with the substitution of a new elevator
for an old one. The repair and maintenance of existing elevators.
Minimum Wtages.-On and after the effective date of this Code,
the minimum wages for field labor shall be not less than the mini-
mum rates which are established regionally or locally by mutual
agreements between truly representative groups of employers and







employees and approved by the President, as provided by Section
7 (b) of the National Industrial Recovery Act. Where such rates
are not so established, the minimum rate of wages shall be not less
than forty cents (40t) per hour, unless the hourly rate for the same
class of work on July 15, 1929 was less than forty cents (400) per
hour, in which case the hourly rate shall be not less than that, of
July 15, 1929, and in no event less than thirty cents (30t) per hour,
except where a lower minimum rate has been otherwise established
for specific projects by competent governmental authority acting in
accordance with law.
The minimum wages for members of locals of International Union
of Elevator Constructors shall be established for any locality in ac-
cordance with Article 2 of their Slandard Agreement, which is filed
herewith as a part of this Code, but in no case are minimum rates
so established to be less than 400 per hour.
Max.imumt Hours.-The hours for field labor engaged in the in-
stallation of new elevators or the substitution of a new elevator for
an old one shall not exceed an average of thirty-five (35) hours a
week for any six months period but with the right to work a maxi-
mum week of forty-eight (48) hours in such period, but not more
than eight (8) hours in any one day.
Maximum hours of field labor employed in the maintenance of
elevators shall not exceed an average of forty-eight (48) hours per
week for any six months period and not more than eight (8) hours
in any one day.
Maximum hours for field labor employed in general repairs to ele-
vators shall not exceed an average of forty (40) hours per week for
any six months period but with the right to work a maximum week
of forty-four (44) hours in such period but not more than eight (8)
hours in any one day.
The traveling time of field labor traveling on the time and at the
expense of the employer to and from a job is not to be included in
computing the foregoing specified maximum week.
5. Miscellaneous Labor.-The maximum hours of labor for em-
ployees not covered by the provisions in Paragraphs 3 and 4 shall
be forty (40) hours per week and the minimum wages of such em-
ployees shall be at the rate of:
$15.00 per week in any city of over 500,000 population, or in the
immediate trade area of such city;
$14.50 per week in any city of between 250,000 and 500,000 popula-
tion, or in the immediate trade area of such city;
$14.00 per week in any city between 2,500 and 250,000 popula-
tion, or in the immediate trade area of such city;
In towns of less than 2,500 population the minimum wages shall
be increased 20% if the prevailing wage is less than $12.00 a week,
but this shall not require wages in excess of $12.00 per week.
Provided, That office boys and girls, learners, and casual em-
ployees may be paid not less than 80% of the minimum wages
paid in such various localities, but the total amount paid to such
office boys and girls, learners, and casual employees shall not exceed
in any calendar month five percent of the total amount paid to all
employees covered by the provisions of this paragraph.
6. The foregoing provisions in this Article as to hours of field
labor and minimum pay are not to apply to persons engaged in




41 4

executive, administrative or supervisory capacity, and traveling
salesmen; those engaged in case of emergency work requiring the
protection of life or property; and those in establishments employ-
ing not more than two persons engaged in maintenance or repair
work where such towns are not part of a larger trade area.

ARTICLE V-SELLING PRICE
1. The Code Committee shall devise a uniform accounting system
for determining the cost of the manufacture and installation of the
products of the Industry. Each establishment subject to this Code
shall use such accounting system, or a system which conforms to the
principles and is at least as detailed and complete as the uniform
system formulated or approved by the Code Committee, with such
variations therefrom as may be required by the individual condi-
tions affecting any member of the Industry and as may be approved
by the Code Committee.
2. No member of the Industry shall sell an elevator installation,
or parts thereof, for less than his cost determined on the basis of
volume of production equal to such portion of his previous maximum
production as the Board of Directors shall decide it is reasonable to
anticipate within the period covered by this Agreement.
3. All accessories which the manufacturer sublets are to be in-
cluded in the estimated cost at not less than cost.
4. If maintenance in any form is offered the purchaser of an
elevator installation, maintenance must be included at. not less than
cost.
5. The foregoing provisions in this Article are not to apply to
elevator installations or parts thereof sold outside of the United
States.
ARTICLE VI-UNFAIR TRADE PRACTICES

1. The wilful interference by any person, firm, corporation, or
association, by any means or device whatsoever with any existing
contract between a seller and a purchaser, in or about the produc-
tion, transportation, purchase, or sale of any product handled by the
industry, or the performance of any contractual duty or service con-
nected therewith, such interference being for the purpose or with
the effect of dissipating, destroying, or appropriating, in whole or
in part, the patronage, property, or business of another engaged in
such industry, is an unfair trade practice.
2. Defamation of Conmpetitor.-The defamation of a competitor
by words or acts, which untruthfully call in question his business
integrity, his ability to perform his contracts or fill his orders, his
credit standing, or the grade, quality, or prices of his goods, is an
unfair trade practice.

ARTICLE VII-GENERAL PROVISIONS

1. Modification. of Code.-" The President may from time to time
cancel or modify any order, approval, license, rule, or regulation"
issued under Title I of the National Industrial Recovery Act and
this Code or any of its provisions shall be cancelled or modified and







any approved rule issued thereunder shall be ineffective to the extent
necessary to conform to any action by the President under Section
10 (b) of the National Industrial Recovery Act in cancellation or
modification of any order, approval, license, rule, or regulation per-
taining thereto.
2. Nothing contained in this Code shall be deemed to constitute
members of the Association partners for any lpurlose, and none of
the members of the Association shall be liable for any act of any
other member, the Board of Directors, Committees, officers, or
employees of the Association.
3. The various provisions of this Code are intended to conform to
the basic code for the Construction Industry filed by the Construction
League of the United States, including any addition- or amendments
thereto, so far as that code applies to the Elevator Manufacturing
Industry.
4. This Code is intended to be a basic code for the Elevator Indus-
try and if in its application the necessity develops the Industry
proposes to submit to the Administrator for approval additions and
possible supplemental codes applicable to one or more branches or
subdivisions of the Industry: such supplemental codes to conform to
and be consistent with the basic code as finally approved.

ARTICLE VIII-ADMINISTRATION OF THE CODE

1. National Elevator Manufacturing Industry, 250 Eleventh Ave-
nue, New York City, is hereby designated the agency for administer-
ing, supervising, and promoting the performance of the provisions of
this-Code by the members of the elevator manufacturing industry.
2. The National Elevator Manufacturing Industry, through its
Code Committee, for the purpose of advising the National Recovery
Administration as to the observance or nonobservance of the ('ode, is
authorized to require members of the industry to furnish reports and
such data and information pertinent to the purpose of this Co(de as
may from time to time be required by the National Recovery
Administration.
3. Data and information filed pursuant to the requirements of
the Industry shall be confidential and the reports of one employer
shall not be revealed to any other employer except for the purpose
of administering the provisions of this Code.
4. Violation of Code.-Violation of any of the provisions of this
Code or of any of the rules and regulations established thereunder,
by any person, establishment, partnership, or corporation in the ele-
vator manufacturing industry is an unfair method of competition
subject to the penalties provided in the National Industrial Recovery
Act.




UNIVERSITY OF FLORIDA

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3 1262 08583 0825


ARTICLE IX-EFFEcTIn DATE OF ConE
.1,. '.... .':'']E
1. This Code shall become effective the tenth day following
approval by the President. .


NATIONAL


(Signed by)


(Signed by)


(Signed by)


(Signed by)


(Signed


ELEVATOR MANUFACTURING INDUSTRY,
50 Eleventh Avenue, New York City.


J. H. VAN ALSTYNE,
J. H. VAN ALSTYNE, Chairman,
President Otis Elevator. Company,
I. N. HAUGHTON,
IRVING HAUGHTON, President,
Haughton Elevator & Machine Co.,
ALEX. E. MONTGOMERY,
ALEX. MONTGOMERY, President,
Montgomery Elevator Company,
FREDERICK A. SMITH,
FRED SMITH, President,
F. S. Payne Company,


by) FRANK C. REED,
FRANK C. REED, Vice President,
Westinghouse Electric Elevator Company,
Code Committee.-
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