Supplementary code of fair competition for the bakery equipment manufacturing industry (a division of the machinery and ...

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Title:
Supplementary code of fair competition for the bakery equipment manufacturing industry (a division of the machinery and allied products industry) as approved on July 13, 1934
Portion of title:
Bakery equipment manufacturing industry
Physical Description:
9 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:
Bakery 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. 1605-02."
General Note:
"Approved Code No. 347--Supplement No. 29."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647765385
ocn647765385
System ID:
AA00009920:00001


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NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE


BAKERY EQUIPMENT

MANUFACTURING INDUSTRY

(A Division of the Machinery and Allied Products Industry)


AS APPROVED ON JULY 13, 1934


UNIV. OF FL L.

DC-N --


WE


U.S. DEPOirOW
I- II_-


O0 OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 347-Supplement No. 29


Registry No. 1605-02


' I '

























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.: 5014 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
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. Mich.: 801 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.: 1103 South Broadway.
Louisville, Ky.: 40S Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans. La.: Rinm 225-A, Customhouse.
New York. N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 5116 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 347-Supplement No. 29


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

BAKERY EQUIPMENT MANUFACTURING
INDUSTRY

As Approved on July 13, 1934


ORDER

APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE
BAKERY EQUIPMENT MANUFACTURING INDUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY
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 a Supple-
mental Code of Fair Competition for the Bakery Equipment Manu-
facturing Subdivision of Machinery and Allied Products Industry,
and hearings having been duly held thereon and the annexed report
on said Supplemental Code, 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 Supplemental Code complies 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 Supplemental Code of Fair Competition be and it is hereby
approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
BARTON W. MURRAY,
Division Administrator.
WASHINGTON, D.C.,
July 13, 1934.
73631"-82D-64-34 .11












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Supplemental Code of Fair Competi-
tion for the Bakery Equipment Manufacturing Subdivision of the
Machinery and Allied Products Industry, public hearing having been
conducted thereon in Washington, D.C., December 21, 1933, in ac-
cordance with the provisions of Title I of the National Industrial
Recovery Act. Every person who filed a request for an appearance
was freely heard in public and all statutory and regulatory require-
ments were complied with.

GENERAL STATEMENT

The Bakery Equipment Manufacturers Association, being truly
representative of this subdivision of the Machinery and Allied Prod-
ucts Industry, has elected to avail itself of the option of submitting
a Supplemental Code of Fair Competition, as provided in Para-
graph (2). Article I of the Basic Code for the Machinery and Allied
Products Industry approved by you on the seventeenth day of
March, 1934.
This Subdivision represents a part of the capital goods industry,
manufacturing for sale bakery machinery, ovens, and general equip-
ment and appliances, accessories thereto and parts thereof, and in-
cludes all those engaged in such manufacture for sale, excepting,
however, those who are engaged in the manufacture of equipment,
appliances and accessories and parts therefore coming within the defi-
nition of another industry as defined in an approved code for such
other industry and who are not otherwise employers within the
scope of the definition of this Subdivision.

ECONOMIC EFFECT

This Subdivision in 1929 employed approximately 3,700 persons,
including office workers. Estimated employment of factory workers
declined from 2,927 in 1929 to 1,908 in the second quarter of 1933,
or 34.8 per cent and increased thereafter to approximately 2,406
worker; in the last quarter of 1933, or 26.1 per cent. Employment
for the last quarter of 1933 was 17.8 per cent below the 1929 level.
Annual sales of the Subdivision, based on estimates furnished by
the Bakery Equipment Manufacturers' Association, declined from
$24,700,000 in 1929 to $11,500,000 in 1932, or 53.4 per cent, and in-
creased thereafter to $14,600,000 or 27.0 per cent. Sales for the year
1933 were 40.9 per cent below the 1929 level.
Approximately 49 percent of the workers were working more than
40 hours per week during June 1933. The average work-week








declined from 50.8 hours in June 1929 to 36.5 in November 1933, or
28 per cent.
Estimated average man-hours per week declined from 148,690 in
1929 to 75,175 in the second quarter of 1933, or 49.4 per cent and
increased thereafter to 87,820 in the last quarter of 1933, or 16.8 per
cent. Man-hour requirements for the Inst quarter of 1933 were 40.9
per cent below the 1929 level. Until there is a further increase in
man-hour requirements, the adoption of the 40-hour week will cause
no increase in employment in this Subdivision.
Approximately 18.8 per cent of the factory workers in June, 1933
were receiving less than 40 cents per hour; 14.8 per cent were re-
ceiving less than 38 cents per hour; 11.0 per cent were receiving less
than 36 cents per hour; and 6.0 per cent were. receiving less than
32 cents per hour. Based on the distribution of hourly rates in June,
1933. the adoption of the minimum wage rates provided by the code
is expected to be accompanied by an increase in total payrolls which
probably will not. exceed 2.5 per cent. assuming only upward adjust-
ment in the brackets below the 40-cent minimum and no change in
man-hour requirements.

RESUIM OF THE SUPPLEMENTAL CODE

Article I states the purpose of the Supplemental Code.
Article II accurately defines specific terms employed in this Sup-
plemental Code.
Article III. The labor provisions of the Basic Code for the Ma-
chinery and Allied Products Industry as approved March 17, 1934,
are incorporated by reference as the labor provisions of this Supple-
mental Code.
Article IV adopts the relevant portions of Article II, "Defini-
tions and Article VI, "Administration "; and Articles VIII, Mod-
ifications and Termination of the Basic Code for the Machinery and
Allied Products Industry, as approved March 17, 1934.
Article V establishes a Code Authority consisting of five members,
one of whom shall be elected from the employers who are nonmem-
bers of the Applicant. The Administrator in his discretion may
appoint one additional member, without vote and without expense to
the Subdivision.
Article VI contains the mandatory provisions contained in Section
10 (b) of the Act and also provides for the submission of proposed
amendments to the Supplemental Code.
Article VII provides for the withdrawal of this Subdivision from
jurisdiction of the Basic Code and for the continued functioning
of this Subdivision as an individual industry under its own code.
Article VIII stipulates that there shall be no inequitable restric-
tions and provides against monopolies.
Article IX gives the effective date of this Supplemental Code.

FINDINGS

The Deputy Administrator in his final report to me on said Sup-
plemental Code having found as herein set forth' and on the basis
of all the proceedings in this matter:








I find that:
(a) Said Supplemental Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions 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 organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of in-
dustries, by avoiding undue restriction of production (except as may
be temporarily required), by increasing the consumption of indus-
trial and agricultural products through increasing purchasing power
by reducing and relieving unemployment, by improving standards of
labor and by otherwise rehabilitating industry.
(b) Said Subdivision normally employs not more than 50,000
employees, and is not classified by me as a major industry.
(c) The Supplemental Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
without limitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an industrial association truly representative
of the aforesaid Subdivision of the industry; and that said associa-
tion imposes no inequitable restrictions on admission to membership
therein.
(d) The Supplemental Code is not designed to and will not permit
monopolies or monopolistic practices.
(e) The Supplemental Code is not designed to and will not elim-
inate or oppress small enterprises and will not operate to discrim-
inate 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 said
Supplemental Code.
For these reasons, therefore, I have approved this Supplemental
Code.
Respectfully,
HUoH S. JOHNSON,
Administrator.
JULY 12, 1934.













SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE BAKERY EQUIPMENT MANUFACTURING IN-
DUSTRY

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY

ARTICLE I-PUrtPOSES

To effectuate the policy of Title I of the National Industrial
Recovery Act, the following provisions are established as a Sup-
plemental Code for the Bakery Equipment Manufacturing Subdi-
vision of the Machinery and Allied Products Industry, and together
with the Code of Fair Competition of Machinery and Allied Prod-
ucts Industry, shall be the standard of fair competition for this
Subdivision, and shall be binding on every employer therein.

ARTICLE II-DEFINITIONS

"Applicant" means the Bakery Equipment Mlanufacturers Asso-
ciation, all members of which are engaged in the manufacture for
sale of the products of the Bakery Equipment Manufacturing Sub-
division of the Machinery and Allied Products Industry.
"Industry means the Machinery and Allied Products Industry,
as defined in its Code of Fair Competition as approved by the
President and as such definition may from time to time. be amended.
Subdivision means the Bakery Equipment Manufacturing Sub-
division of the Machinery and Allied Products Industry as defined
and set. forth in Paragraph 2, Article II of the Code of Fair Com-
petition of Machinery and Allied Products Industry as follows:
Bakery Equipment Manufacturing Subdivision means the manu-
facture for sale of bakery machinery, ovens, and general equipment
and appliances, accessories thereto and parts thereof, and includes
all those engaged in such manufacture for sale, excepting, however,
those who are engaged in the manufacture of equipment, appliances
and accessories and parts therefore coming within the definition of
another industry as defined in an approved code for such other in-
dustry and who are not otherwise employers within the scope of the
definition of this Subdivision."
Code means the National Industrial Recovery Code of the
Machinery and Allied Products Industry as approved by the Presi-
dent March 17, 1934, and as from time to time amended.
Person means a natural person, a partnership, a corporation,
an association, a trust, a trustee, a trustee in bankruptcy, a receiver
or other entity.
Employer means any person engaged in this Subdivision either
on his own behalf or as an employer of labor.








"The Act" means Title I of the National Industrial Recovery
Act.
The President" means the President of the United States.
The Administrator" means the Administrator for Industrial
Recovery.
The Basic Code Authority means the Code Authority for the
Machinery and Allied Products Industry as constituted by the Code.
"Code Authority means the Code Authority constituted for this
Subdivision as provided by the Code and by this Supplemental Code.
"Group Code Authority means the Code Authority for any
group or product classification within this Subdivision.

ARTICLE III-EMPLOYMENT PROVISIONS

The following Articles of the Code, viz: Article III, "Working
Hours "; Article IV, "Wages"; and Article V, "General Labor
Provisions are hereby made a part of this Supplemental Code, with
the same effect as if they were written into this Supplemental Code.
ARTICLE IV-ADOPTION OF OTHER PROVISIONS OF CODE

The following Articles of the Code, viz: Article II, Definitions",
Article VI, "Administration ", to the extent that they shall be ap-
plicable to this Supplemental Code as such or as it may hereafter
be administered as an autonomous Code, and Article VIII, Modi-
fications and Termination are hereby made a part of this Supple-
mental Code, with the same effect as if they were written into this
Supplemental Code.
ARTICLE V-ADMINISTRATION

(a) A Code Authority for this Subdivision is hereby constituted
to administer and supervise and to facilitate the enforcement of the
Code and of this Supplemental Code in the manner and to the extent
provided in the Code and in this Supplemental Code.
(b) During a period not to exceed sixty (60) days following the
effective date and pending the election of the permanent Code Au-
thority, the executive committee of the Applicant shall constitute a
temporary Code Authority. The Administrator, in his discretion,
may appoint one additional member (without vote and without
expense to the Subdivision).
(c) The Applicant shall, by written notice mailed to all employers
known to the Applicant, call a meeting of employers to be held
within sixty (60) days after the effective date for the purpose of
adopting procedural rules and regulations for the election, organiza-
tion and operation of the permanent Code Authority and electing a
permanent Code Authority which shall consist of five members, one
of whom shall be elected from the employers who are non-members
of the Applicant. The Administrator, in his discretion, may ap-
point one additional member (without vote and without expense to
the Subdivision). The permanent Code Authority so elected and
appointed shall succeed the Temporary Code Authority. Any va-
cancy on the Code Authority due to death, resignation or because
a member thereof has ceased to be connected with this Subdivision








shall be filled at a meeting of employers called by the Code Authority
on at least ten days' notice by registered mail sent to all employers
in this Subdivision and by a vote similar to the vote by which the
retired member was originally selected.
In order that the Code Authority shall at all times be truly rep-
resentative of the Subdivision and in other respects comply with
the provisions of the Act, the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification of the Code Authority.
Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
By-Laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
(d) 1. It being found necessary in order to support the adminis-
tration of this Supplemental Code and to maintain the standards of
fair competition established hereunder and to effectuate the policy
of the Act, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Supplemental Code.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by employers of the
Subdivision.
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all employers of the Subdivision,
and to that end, if necessary, to institute legal proceedings therefore
in its own name.
2. Each employer of the Subdivision shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
employers of the Subdivision complying with the Supplemental
Code and contributing to the expenses of its administration as here-
inabove provided, unless duly exempted from making such contribu-
tions, shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess








of prior budget estimates except those which the Administrator shall
have so approved.
(e) Action by employers in any Subdivision meeting for the elec-
tion of Code Authority shall be by vote of the employers entitled to
vote as provided in Section (d) of this Article V, and who are pres-
ent in person or by proxy, each such employer to have one vote only.
Action by employers in any Subdivision meeting for the adoption
of procedural rules, revisions or additions to the Supplemental Code,
or the transaction of other business of the Subdivision under this
Supplemental Code, shall be by vote of the employers in the Subdivi-
sion who are entitled to vote threat as provided in Section (d),
Article V of the Supplemental Code and are present in person or by
proxy duly executed and filed with Code Authority; cast and com-
puted on the basis of one vote for each employer.
(f) Employers in this Subdivision having a common interest and
common problems may be grouped by Code Authority for adminis-
trative purposes. There may be a Group Code Authority approved
or appointed by Code Authority for each such group.
(g) If formal complaint is made to Code Authority that pro-
visions of this Supplemental Code have been violated by any em-
ployers, Code Authority or the proper Group Code Authority may
to the extent permitted by the Act, cause such investigation or audit
to be made, as may be deemed necessary. If such investigation is
made by Group Code Authority, it shall report the result of such
investigation or audit to Code Authority for action.
(h) The Code Authority may appoint a Trade Practice Commit-
tee which shall meet with the Trade Practice Committee appointed
under such other Codes as may be related to the Trade Subdivision
for the purpose of formulating fair trade practices to govern the
relationships between production and distribution employers under
this Supplemental Code and under such others to the extent that
such fair trade practices may be proposed to the Administrator as
amendments to this Supplemental Code and such other codes.

ARTICLE VI-MoDIFICATIONS

(a) As provided by Section 10 (b) of the Act, the President may
from time to time cancel or modify any order, approval, license,
rule or regulation issued under Title I of the Act.
(b) Any amendments, additions, revisions, or supplements of
this Supplemental Code, proposed by Code Authority, and author-
ized by the majority vote of the employers shall be in full force
and effect upon approval by the President. The eligibility require-
ments, method and effect of such voting shall be the same as pro-
vided by Article V hereof.

ARTICLE VI -WITHDRAWAL

Upon thirty days' notice to the Basic Code Authority and to the
Administrator, this Subdivision may, upon the concurring affirmative
vote of employers, within the said Subdivision, entitled to cast two-
thirds or more of all the votes that might be cast by all employers
within the Subdivision entitled to vote thereon, withdraw from the








jurisdiction of the Basic Code Authority. The eligibility of voters
and the method and effect of such voting shall be in accordance with
the provisions of Article V hereof. After and in the event such
withdrawal is accomplished, this Supplemental Code, together with
the provisions of the Code, shall become and be the sole code govern-
ing this Subdivision and the Code Authority shall, for this Subdi-
vision, become and be the sole Code Authority and shall perform all
the functions with respect thereto.

ARTICLE VIII-MONOPOLIES

Applicant imposes and shall impose no inequitable restrictions on
membership therein. The Supplemental Code presented by it is not
designed to promote 'monopoly and shall not be so construed or
applied as to oppress or eliminate small enterprises or discriminate
against them, and is designed to effectuate the policy of the Act.

ARTIciE IX-EFFECIE DATE

This Supplemental Code shall become effective and binding on
all persons engaged in the Subdivision on the eleventh day after its
approval.
Approved Code No. 347-Supplement No. 29.
Registry 1605-02.




UNIVERSITY OF FLORIDA
I II Il Ill IIII I ll IIf II I6II I I0 5 I0
3 1262 08583 0999
*I




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