Code of fair competition for the dry and polishing mop manufacturing industry as approved on December 15, 1933 by Presid...

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Title:
Code of fair competition for the dry and polishing mop manufacturing industry as approved on December 15, 1933 by President Roosevelt
Portion of title:
Dry and polishing mop manufacturing industry
Physical Description:
p. 141-150 : ; 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:
Mops and mopsticks -- United States   ( lcsh )
Cleaning -- Equipment and supplies   ( lcsh )
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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. 1609-05."
General Note:
"Approved Code No. 159."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 650495373
ocn650495373
System ID:
AA00009948:00001


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Full Text

AS APPROVED ON DECEMBER 15, 1933
BY

PRESIDENT ROOSEVELT


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



UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


Fer ale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 159


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE


DRY AND POLISHING MOP

MANUFACTURING INDUSTRY


Registry No. 1609--05






















This publicati o is fpr fale by the Superintendent of Documents, Governmen$
Printing Office, WaTsilngton, 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.
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.: 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. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.


I 1,












Approved Code No. 159


CODE OF FAIR COMPETITION
FOR THE

DRY AND POLISHING MOP MANUFACTURING
INDUSTRY

As Approved on December 15, 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 Dry and Polishing Mop Manufacturing
Industry, and hearings having been held thereon and the Adminis-
trator having rendered his report containing an analysis of the said
code of fair competition together with his recommendations and
findings with respect thereto, and the Administrator having 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 require-
ments 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 D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
THE WHITE IJOUSE,
December 15, 1933.


26075---244-159-33


(1-1)












DECEMBER 4, 1933.
The PRESIDENT,
The White House.
SIR: This is the report on the Code of Fair Competition for the
Dry and Polishing Mop Manufacturing Industry, submitted by the
National Polish and Mop Manufacturers Association.
The public hearing was conducted in Washington, D.C., on Novem-
ber 23, 1933. Every person who requested an appearance was freely
heard in accordance with statutory and regulatory requirements.
The code was presented by duly qualified and authorized representa-
tives of the industry, complying with the requirements as representing
60 percent of the number of producers and 75 percent of the volume
of the industry.
FAIR TRADE PRACTICES

It was pointed out at the hearing, that it is vital for the industry
to include a provision against selling below cost. This provision
is aimed at restricting the prevailing practice of offering mops in
combination with the products of other industries. In this case
the mop is sold at a nominal price, usually fictitious and having no
relation to its true worth. Oftentimes the mop is given away as an
inducement to buy the other article. The other product usually car-
ries an excessive mark-up, which remains the same even though the
consumer may not buy, or even desire, the mop.
Discriminatory trade practices have caused the industry to re-
quest a ban on consignment selling because this form of distribution
has been used as a weapon to drive competitors out of the market.
In the past, certain manufacturers have consigned large quantities
of their merchandise and allowed long credit terms to retail outlets,
with the agreement that the retailers would discontinue other brands
of similar merchandise. To avoid a repetition of this, the industry
has requested that the code completely prevent consignment selling.

LABOR PROVISIONS

The provisions having to do with hours of labor are similar to
those in the Code of Fair Competition for the Soap and Glycerine
Industry, already approved. This was necessary from the practical
standpoint, as the great majority of dry mop manufacturers produce
polishes and waxes in the same plant. It has already been estab-
lished that the production of these waxes and polishes are under the
Soap and Glycerine Code.
The industry is composed of 25 manufacturers, of which 15 are
members of the association. This group employs a total of 536 per-
sons at an average wage of approximately 45 cents per hour. It is
estimated that the remaining firms in the industry, who are not
(142)






143


members of the association, employ approximately 100 additional
people. No statistics are available showing the wages of this last
group.
The industry has been operating under the terms of the Presi-
dent's Reemployment Agreement which has reduced the hours of
employees 17% from the 1932 average. The increase in wages
since June 1933 averages 25% between employees in the highest
paid plants and those in the lowest paid plants. It is estimated that
there are now more employees in the industry than there were in
1929, with a wage slightly in excess of that received 4 years ago.
In view of the fact that there is a definite feeling among the
institutions for the blind that they wish to act in accordance with
the spirit of the National Industrial Recovery Act, the code provides
for cooperation between the Code Authority and a committee
established to represent the institutions for the blind. This latter
committee is to be composed of the Chairman of the Code Com-
mittee of the American Association of Workers for the Blind, the
President of this Association, or his representative, and a representa-
tive from the American Foundation for the Blind. The minimum
wage and maximum hour provisions of the Code will not apply to
institutions for the blind which comply with the regulations pro-
mulgated by this committee in cooperation with the Code Authority
and approved by the Administrator.

CONCLUSION

I find that-
The Code complies in all' respects with the pertinent provisions of
Title I of the National Industrial Recovery Act, including without
limitation subsection (a) of Section 7, and subsection (b) of Sec-
tion 10 thereof.
The National Polish and Mop Manufacturers Association is truly
representative of the Dry and Polishing Mop Manufacturing Indus-
try and the bylaws of this association provide no inequitable restric-
tion upon membership.
Accordingly, I recommend the approval of the Code of Fair Com-
petition for the Dry and Polishing Mop Manufacturing Industry.
Respect fully,
HUGH S. JOHNSON,
Administrator.












CODE OF FAIR COMPETITION


FOR THE
DRY AND POLISHING MOP MANUFACTURING INDUSTRY


ARTICLE I-PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Dry and Polishing Mop Manufacturing
Industry, and shall be the standard of fair competition for such
industry and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

The term industry as used herein includes the manufacture
and sale by manufacturers of dry and polishing mops, hand polish
applicators, and dusters, and such branches or subdivisions thereof
as may from time to time be included under the provisions of this
Code.
The term employee", as used herein2 includes anyone engaged
in the industry in any capacity receiving compensation for his
services, irrespective of the nature or method of payment of such
compensation.
The term employer ", as used herein, includes anyone by whom
any such employee is compensated or employed.
The term member of the industry includes anyone engaged in
the industry, as above defined, either as an employer or on his own
behalf.
The term "Association ", as used herein, means the National Polish
and Mop Manufacturers Association.
The term southern states", as used herein, includes Virginia,
Kentucky, North Carolina, South Carolina, Tennessee Arkansas,
Georgia, Alabama, Mississippi, Louisiana, Texas, and Florida.
The terms President ", "Act ", and "Administrator", as used
herein, shall mean, respectively, the President of the United States,
Title I of the National Industrial Recovery Act, and the Admin-
istrator of said Act.

ARTICLE III-HOURS

A. No employee shall work or be permitted to work in excess of an
average of 40 hours per week in any six months' period, but in no case
in excess of 48 hours in any one week, except as follows:
(144)





145


1. Technical or professional employees such as chemists engaged
in their technical or professional capacity who receive more than $35
per week but not including skilled operating personnel; employees
in a managerial supervisory, or executive capacity who receive $35
or more per week; supervisors or highly skilled workers in continu-
ous processes where restriction of hours would unavoidably reduce
production, and who receive $35 or more per week; and outside
salesmen.
2. Employees on automotive or horse-drawn passenger, express,
delivery or freight service, who shall not work or be permitted to
work in excess of an average of 44 hours per week in any six months'
period or in excess of 48 hours in any calendar year.
3. Engineers, firemen, water tenders, and oilers, who shall not work
or be permitted to work in excess of 48 hours a week.
4. Watchmen, who shall not work or be permitted to work in excess
of 56 hours a week.
5. Employees on emergency maintenance and repair work, whose
hours may be unlimited when engaged in such emergencies.
B. If any employee, except those specified in paragraphs 1 and 4
of Section A of this Article, works in excess of 8 hours in any 24-
hour period, or in excess of 40 hours in any calendar week, the wage
paid for excess hours shall not be less than one and one third the
regular hourly rate.
C. If any employee works for more than one employer, no such
employer or employers shall knowingly permit such employee to
work for a total number of hours in excess of the number of hours
prescribed, and all employers in the industry shall exercise due dili-
gence to carry out the purpose of this section.

ARTICLE IV-WAGES

A. No employee shall be paid less than 321,~4 per hour, or in
southern states less than 300 per hour.
1. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
2. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
3. Wage differentials existing prior to June 16, 1933, shall be
maintained for all employees receiving more than the minimum
herein prescribed, notwithstanding that the hours worked may be
hereby reduced. All employers shall report to the Code Authority
within one month after the effective date of this Code such readjust-
ment of pay schedules.

ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed in
the industry, nor anyone under eighteen (18) years of age at opera-
tions or occupations hazardous in nature or detrimental to health.
In any State an employer shall be deemed to have complied with this
provision if he shall have on file a certificate or permit duly issued
y the authority in such State empowered to issue employment or





146


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 purpose
of collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization
of his own choosing; and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers regu-
lating the age of employees, wages, hours of work, or health, fire, or
general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act.
T. Each employer shall post in conspicuous places full copies of
the labor provisions of this Code.
ARTICLE VI-ADMINISTRATION

To further effectuate the policies of the Act, a Code Authority
is hereby constituted to cooperate with the Administrator in the
administration of this Code.
1. Organization and constitution of Code Authority.
(a) The Code Authority shall consist of five (5) individuals, or
such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth. The Admin-
istrator, in his discretion, may appoint not more than three addi-
tional members without vote to represent the Administrator or such
groups or interests as may be agreed upon, without expense to the
industry.
(b) Four members of the Code Authority shall be selected by the
Association from among its membership by ballot, and one member
shall be selected by the nonmembers.
(c) The Association shall: (1) Impose no inequitable restrictions
on membership, and (2) submit to the Administrator true copies of
its articles of association, bylaws, regulations, and any amendments
when made thereto, together with such other information as to mem-
bership, organization, and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
(d) In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with
the provisions of the Act, the Administrator may provide such hear-
ings 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 ap-






147


propriate modification in the method of selection of the Code
Authority.
2. The Code Authority shall have the following duties and powers
to the extent permitted by the Act, subject to the right of the Admin-
istrator on review to disapprove or modify any action taken by the
Code Authority.
(a) With a view to informing the President and the Administrator
as to the observance of this Code, and as to whether the industry is
taking appropriate steps to effectuate the declared policy of the Act,
each member of the industry shall furnish duly certified reports in
the form and as required by the Code Authority on production,
orders, sales, prices, and conditions of employment. The Association
is hereby constituted the agency for the collection and receipt of
such reports and for the forwarding of such reports to the Admin-
istrator; and all such reports shall be held in strict confidence by the
Association, except when they shall be required by the Administrator
or the Code Authority in connection with a violation of the provisions
of this Code.
(b) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in the industry
as they may develop which will tend to effectuate the operation of
the provisions of this Code.
(c) The Code Authority is also set up to cooperate with the Ad-
ministrator in making investigations as to the functioning and
observance of any provisions of this Code, at its own instance or
on complaint of any person affected, and to report the same to the
Administrator.
(d) Members of the industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. The
reasonable share of the expenses shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
equitable to be taken into consideration.
3. In addition to the information required to be submitted to the
Code Authority, there shall be furnished to government agencies by
the Association such statistical information as the Administrator
may deem necessary for the purposes recited in Section 3 (a) of the
Act, providing all such requests are accompanied by the signed
approval of the Administrator and an adequate supply of question-
naires to be distributed to the members of the industry by the
Association for the collection and compilation of such statistics.
4. The Industry recognizes the humane consideration attached
to products of institutions for the blind, and in order to give con-
structive assistance and to prevent unfair competition, it is the will
and purpose of the Industry to cooperate with such institutions. To
effectuate such purpose, a committee as hereinafter provided, shall
be recognized by the Code Authority for the purpose of conferring
with the Code Authority and adjusting all matters arising out of
the competition of the products of the blind as they alect this
industry. This committee shall secure necessary data from institu-





148


tions for the blind relative to all matters affecting competition of
the blind in this industry. The committee shall be made up as fol-
lows: 'Chairman of the Code Committee of the American Associa-
tion of Workers for the Blind, President or his representative of
the American Association of Workers for the Blind, and a repre-
sentative from the American Foundation for the Blind. The mini-
mum wages and maximum hours provisions shall not apply to insti-
tutions for the blind which comply with the rules and regulations of
the above committee, after approval by the Administrator.

ARTICLE VII-TRADE PRACTICES

The following practices constitute unfair methods of competition
for members of the industry and are prohibited:
1. False Marking or Branding.-The false marking or branding of
any product of the industry which has the tendency to mislead or
deceive customers or prospective customers, whether as to grade,
quality, quantity, substance, character, nature, origin, size, finish or
preparation or otherwise.
2. Misrepresentation or False or Misleading Advertising.-The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish or prepara-
tion of any product of the industry, or credit terms, values, policies,
or services of any member of the industry, or otherwise, having the
tendency to mislead or deceive customers or prospective customers.
3. Commercial Bribery.-Directly or indirectly to give or permit
to be given, or offer to give, money or anything of value to agents,
employees, or representatives of customers or prospective cus-
tomers, or to agents, employees, or representatives of competitor's
customers or prospective customers, without the knowledge of their
employers or principals, as an inducement to influence their em-
ployers or principals to purchase or contract to purchase from the
makers of such gift or offer, or to influence such employers or
principals to refrain from dealing or contracting to deal with
competitors.
4. Interference with Contractual Relations.-Maliciously inducing
or attempting to induce the breach of an existing oral or written con-
tract between a competitor and his customer or source of supply, or
interference with or obstructing the performance of any such con-
tractual duties or services.
5. Secret Rebates.-The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in the
form of money or otherwise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all pur-
chasers on like terms and conditions.
6. Giving of Prizes, Premiums, or Gifts.-The offering or giving
of prizes, premiums, or gifts in connection with the sale of products,
or as an inducement thereto by any scheme which involves lottery,
misrepresentation, or fraud.
7. Defanation.-The defamation of competitors by falsely imput-
ing to them dishonorable conduct, inability to perform contracts,





149


questionable credit standing, or by other false representations or by
false disparagement of the grade or quality of their goods.
8. Threats of Litigation..-The publishing or circularizing of
threats of suits for infringement of patents or trade marks or of any
other legal proceedings not in good faith, with the purpose of harass-
ing competitors or intimidating their customers.
9. Espionage of Competitors.-Securing confidential information
concerning the business of a competitor by a false or misleading
statement or representation, by a false impersonation of one in au-
thority, by bribery, or by any other unfair method.
10. Sales Below Cost.-The Code Authority shall formulate or
cause to be formulated a uniform accounting system which shall
be adaptable to the cost accounting procedure and to the business
of the Industry. Such plan shall specify the factors which shall
be included in determining the costs of each member of the Industry.
Upon approval by the Administrator of such a system of cost ac-
counting for the Industry, complete advice concerning it shall be
distributed by the Code Authority to all members of the Industry.
Thereafter no member of the Industry shall sell the products of the
Industry at such prices or upon such terms and conditions of sale
as will result in the purchaser's paying for such product less than
the cost thereof to the seller, determined in accordance with the
aforesaid system of cost accounting, except (1) to meet competition,
not instigated directly or indirectly by the party desiring to meet
such competition, and (2) to meet competition in violation of this
rule concerning which he has made complaint to the Code Authority
or any authorized agency thereof, but only pending action thereon,
and (3) to liquidate stocks of distress merchandise under such con-
ditions as may be approved by the Code Authority and the
Administrator.
11. Published Prices.-Within ten (10) days each member of the
Industry shall publish to the trade, and file with the Code Authority,
a price list for all products of the Industry sold or offered for sale
by him, together with the discounts and transportation allowances,
if any, allowed therefrom, and fixed terms of payment; which price
lists shall fully and accurately describe each product as to color
treatment and weight of yarn, type of individual packaging, and
the finish of the handle, if included. Revised price lists or revised
discounts or terms and conditions of sale may be filed and published
from time to time thereafter by any member of the Industry, pro-
vided, however, that such revision shall be published and filed with
the Code Authority at least ten days in advance of the effective date
thereof. Copies of revised price lists and discounts with notice of
the effective date specified shall be sent immediately by the Code
Authority to all known members of the Industry, who thereupon
may file, if they so desire, revisions of their price lists and/or dis-
counts, which may become effective upon the date when the revised
price lists or discounts first filed shall go into effect.
12. Sales Below Published Prices.-No member of the Industry
shall sell or offer for sale any products of the Industry at prices lower
than the prices noted in his price list or on more favorable terms and
conditions of sale than the terms and conditions of sale previously
published and filed by such member with the Code Authority in




UNIVERSITY OF FLORIDA

150 3 1262 08850 3080

accordance with the foregoing provisions and in effect at the time
of such sale. *i
13. False Invoices.-The making of any false invoice with the
intent or with the effect of misleading the Code Authority.
14. Consignment.-The sale or offering of any products of the
industry on consignment.
15. Other Practices.-Nothing in this Code shall limit the effect
of any adjudication by the Courts or holding by the Federal Trade
Commission on complaint, finding, and order, that any practice or
method is unfair, providing that such adjudication or holding is not
inconsistent with any provision of the Act or of this Code.

ARTICLE VIII-MODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 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 limi-
tation, 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.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances,
such modification to be based upon application to the Administrator
and such notice and hearing as he shall specify, and to become effec-
tive on approval of the President.

ARTICLE IX-MONOPOLIES, ETC.

No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.

ARTICLE X-PRICE INCREASES

Whereas the policy of the Act to increase purchasing power will be
made impossible of consummation if prices of goods and services
increase as rapidly as wages, it is recognized that price increases
should be delayed and that, when made, the same should, so far as
reasonable, be limited to actual increases in the seller's costs.

ARTICLE XI-EFFECTIVE DATE

1. The provisions of this Code shall be in effect ten (10) days after
its approval by the President.
2. This Code shall terminate when the President or the Congress
shall declare the Act has ceased to be effective.
Approved Code No. 159.
Registry No. 1609-05.




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