Proposed code of fair competition for the meat packing and allied products machinery and equipment industry as submitted...

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Material Information

Title:
Proposed code of fair competition for the meat packing and allied products machinery and equipment industry as submitted on September 1, 1933
Portion of title:
Meat packing and allied products machinery and equipment 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:
Meat -- Packing -- Equipment and supplies -- 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. 1611-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 650509108
ocn650509108
System ID:
AA00009958:00001


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Registry No. 1611-01


NATIONAL RECOVERY ADMINISTRATION




PROPOSED CODE OF FAIR COMPETITION

FOR THE

MEAT PACKING

AND ALLIED PRODUCTS MACHINERY

AND EQUIPMENT INDUSTRY

AS SUBMITTED ON SEPTEMBER 1, 1933


The Code for the Meat Packing
and Allied Products Machinery and Equipment 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

i ,
----j t i l


UNITED STATES
GOVERNMENT PRINTING OFFICE'
WASHINGTON : 1933


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








































SUBrrrrED BY


MEAT PACKING AND ALLIED PRODUCTS MACHINERY AND
EQUIPMENT ASSOCIATION

(U)


I













PROPOSED CODE OF FAIR COMPETITION FOR THE MEAT
PACKING AND ALLIED PRODUCTS MACHINERY AND
EQUIPMENT INDUSTRY

PURPOSE

To effectuate the policy of Title 1 of the National Industrial Re-
covery Act, the following provisions are established as a Code of
fair competition governing the Meat Packing and Allied Products
Machinery and Equipment Industry.

ARTICLE I-DEFINITIONS

The following terms as used herein, unless otherwise clearly indi-
cated by the context, are defined to have meaning respectively as
follows:
The Association means the Meat Packing and Allied Products
Machinery and Equipment Association.
Person means a natural person, a partnership, or a corporation.
"Employer means any person actively engaged in the manufac-
ture and/or sale of machinery and equipment for slaughtering, cut-
ting, and processing livestock including beef, hogs, horses, sheep,
poultry, etc., for the curing, smoking, and processing of meat prod-
ucts; also the Machinery and Equipment for rendering and process-
ing dead stock, bones, hides, garbage, etc. This Machinery and
Equipment includes conveyors, trucks for transporting such prod-
ucts within plants.
Employee" means any one who is employed by any such
employer.
"The Act" means the National Industrial Recovery Act.
"The President" means the President of the United States or his
duly authorized agent.
The Industry means that combination of persons engaged in
the manufacture and/or sale of machinery and equipment for
slaughtering, cutting, and processing livestock, including beef, hogs,
horses, sheep, poultry, etc., for the curing, smoking, and processing
of meat products; also the machinery and equipment for rendering
and processing dead stock bones, hides, garbage, etc. This ma-
chinery and equipment includes conveyors, trucks for transporting
such products within plants.

ARTICLE II-EFFECTIVE DATE
This Code shall become effective and binding on all persons en-
gaged in the Industry on the eleventh day after its approval by the
President.
9948-33 11








ARTICLE III-LABOR
SECTION 1. (a) Employees in the Industry shall have the right
to organize and bargain collectively through representatives of their
own choosing, and shall be free from interference, restraint, or coer-
cion of employers of labor, or their agents, in the designation of such
representatives, or in self-organization, or in other concerted activ-
ities for the purpose of collective bargaining, or other mutual aid
or protection. No employee in the Industry, and no one seeking
employment therein, shall be required, as a condition of employment,
to join any company union, or to refrain from joining a labor organ-
ization of his own choosing. Employers of labor in this Industry
shall comply with the maximum hours of labor, minimum rates of
pay, and other conditions of employment approved or prescribed
by the President.
SECTION 1. (b) 1. It is clearly understood that nothing in this
Code shall impair in any particular the Constitutional rights of the
employer to protect his business and property from the unlawful
activities of others.
2. It is clearly understood that nothing in this Code shall impair
in any particular the Constitutional rights of employee and the em-
ployer to bargain individually or collectively as may be mutually
satisfactory to them, nor impair the joint right of employee and
employer to operate on an open-shop basis.
3. Nothing in this code is to prevent the selection, retention, elim-
ination, and advancement of employees on the basis of their indi-
vidual merit without regard to their affiliation or nonaffiliation
with any labor organization.
SEC. 2. (a) The employees of the Industry, including clerical
forces, but excepting executives, maintenance men, and watchmen,
shall work an average of not more than 40 hours per week nor 8
hours in any one day. Because of the exigencies of the Industry,
caused by peak periods in the Packing Industry, it is necessary to
work employees more than 40 hours per week on occasion. For this
purpose it shall be permissible to work employees 48 hours per week
for not more than an 8-week period in any one year, and an addi-
tional 48 hours a week with a 10% tolerance for not more than
8 additional weeks in any one calendar year. Time and one third
shall be paid for all hours worked in excess of the above minimums.
(b) The minimum hourly rate for employees shall be forty cents
per hour. As to learners, for the first. consecutive eight weeks of their
employment they may be employed at a lower wage but in no
case less than 80 percent of the minimum stated above. Learners
shall not exceed five percent of all labor employed by any one
employee.
(c) The rates for skilled labor shall bear a. fair relation to the
foregoing, giving due consideration to the experience and skill of
the employees affected and to the prevailing scale for similar work
in the locality of the employment, but nothing shall be done which
might tend to set a maximum as well as a minimum wage.
(d) In order that the President of the United States may be
informed as to the observance or nonobservance of this Code and
as to whether the Industry is taking appropriate steps to effectuate
the declared policy of the Industrial Recovery Act, each person








engaged in any phase of the Industry will furnish to the Executive
Board of the Association duly certified reports every six months
showing the actual hours worked by the various occupational groups
of employees and the minimum rates of wages in such form as
may be hereafter provided.
(e) On and after the effective date, employers shall not employ
any person under the age of 16 years.
(f) Nothing in this article shall apply to any employee who
by reason of physical disability or infirmity, is competent for only
light employment.

ARTICLE IV-ADMINISTRATION, CODE REPORTS, AND FEES

Meat Packing and Allied Products Machinery and Equipment
Association of One Park Avenue, New York, New York, through its
Executive Board, is hereby designated the agency to assist the
Administrator of the Act in administering, supervising, and promot-
ing the performance of the provisions of this Code by the members
of the Industry.
Any employer may participate in this Code and in any revisions
or additions thereto and receive the benefits thereof by accepting
the proper pro rata share of the cost and responsibility of creating
and administering it, either by becoming a member of the Associa-
tion or by paying to it an amount equal to the dues and assessments
from time to time provided to be paid by a member in like situation
of the Association to cover cost of administering, supervising, and
promoting the performance of the provisions of this Code.
With a view to keeping the President of the United States and
the Administrator informed as to the observance or nonobservance
of this Code, and as to whether the Industry is taking appropriate
steps to effectuate in all respects the declared policy of the Act, each
employer shall prepare and file with the Secretary of the Association
at such times and in such manner as may be prescribed, statistics of
number of people employed, their wage rates, earnings, hours of
work, and such other data or information as may from time to time
be required.
Except as otherwise provided in the Act all statistical data filecb
shall be. confidential and the data of one employer shall not be re-
vealed to any other employer except for the purpose of administer-
ing or enforcing the provisions of this Code. The Executive Board
of the Association, through the Executive Secretary of the Associa-
tion, shall have access to any and all statistical data that niay be
furnished in accordance with the provisions of this Code.
All members of the Executive Board of the Association shall serve
without pay except the Executive Secretary who shall be suitably
reimbursed for services, but all members of the Executive Board
shall have their actual and reasonable expense defrayed by the Asso-
ciation, while on business of this Code.
Provision shall also be made for membership or other representa-
tion on the Executive Board of the Association, of a representative
of the Administrator of the Act.
The Executive Board with the approval of the Administrator shall
issue and enforce such rules, regulations, and interpretations, impose
upon persons subject to the jurisdiction of this Code, such restric-







tions, and designate such agents, and delegate such authority to them
as may be necessary to effectuate the purpose and enforce the pro-
visions of this Code.
AiRICLE V-PRICE LISTS
(a) If and when the Executive Board determines that in any
branch or subdivision of the Industry it has been the generally recog-
nized practice to sell a specified product on the basis of printed net
price lists, or price lists with discount sheets, and fixed terms of pay-
ment, each manufacturer of such product shall, within ten (10) days
after notice of such determination, file with the Executive Board a
net. price list, or a price list and discount sheet, as the case may be,
individually prepared by him showing his current prices, or prices
and discounts, and terms of payment, and the Executive Board shall
immediately send copies thereof to all known manufacturers of such
specified products.
Revised price lists with or without discount sheets may be filed
from time to time thereafter with the Executive Board by any
manufacturer of such product, to become effective upon a date
specified by the Executive Board, and copies thereof with notice of
the effective date specified shall be immediately sent to all known
manufacturers of such product, any of whom may file, if he so
desires, revisions of his price list and/or discount sheets, which
shall become effective upon the date when the revised price list
or discount sheet first filed shall go into effect.
(b) If and when the Executive Board shall determine that in
any branch or subdivision of the Industry not now selling its prod-
uct on the basis of price lists, with or without discount sheets, with
fixed terms of payment, the distribution or marketing conditions in
said branch or subdivision are the same as or similar to the dis-
tribution or marketing conditions in a branch or subdivision of the
Industry where the use of price lists, with or without discount sheets,
is well recognized, and that a system of selling on net price lists or
price lists and discount sheets with fixed terms of payment should
be put into effect in such branch or subdivision, then each manufac-
turer of the product or products of such branch or subdivision shall,
,within twenty ('20) days after notice of such determination, file with
the Executive Board net price lists or price lists and discount sheets
containing fixed terms of payment, showing his prices and dis-
counts and terms of payment, and such price lists and/or discount
sheets may be thereafter revised in the manner hereabove provided.
Provided, that the Executive Board shall make no determination
to place any product of the Industry (not now on a price-list basis)
on a price-list basis, as provided in this paragraph of this Article,
unless two thirds of the members of applicant who are at that time
engaged in manufacturing such product shall affirmatively consent
that such determination be made.
(c) The Executive Board shall have power, on its own initiative
or on the complaint of any employer, to investigate any price for
any product shown in any price list and/or discount sheet so filed
with the Executive Board by any employer; and, for the purpose
of the investigation thereof, to require such employer to furnish such
information concerning the cost of manufacturing and selling such
products, and if Executive Board after such investigation shall de-







termine that such price is an unfair price for such product, having
regard to the cost of manufacturing and selling such product, and
that the maintenance of such unfair price will result in unfair
competition in the Industry and be contrary to the spirit of the
Act, the Executive Board may require the employer who filed the
price list andor discount sheet in which such unfair price is shown
to file a new price list and, or discount sheet showing a fair price
for such product, which fair price shall become effective immediately
upon the filing of such list.
If such employer shall not, within ten (10) days after notice to it
of such determination by the Executive Board, so file a new price list
and/or discount sheet showing such fair price for such product, the
Executive Board shall have power to fix a fair price for such
product, which fair price when so fixed, however, shall not be more
than the price of any other employer at that time effective for such
product, and in respect of which the Executive Board has not there-
tofore begun an investigation or a complaint has not been made by
any employer.
When the decision of the Executive Board fixing such fair price
has been made and it has given notice thereof to such employer,
such fair price shall be the price for such employer for such product
until it has been changed as in this Code provided.
A notice of all decisions of the Executive Board under this para-
graph (c) of this Article, together with the reasons therefore, shall
be filed with the President.
No employer shall sell, directly or indirectly by any means what-
soever, any product of the industry covered by provisions of this
Article at a price lower or at discounts greater or on more favorable
terms of payment than those provided in his own current net price
lists or price lists and discount sheets.
ARTICLE VI-LIST OF UNFAIR PRACTICES
For all purposes of the Code the following-described acts shall
constitute unfair practices:
A. Making or promising to any purchaser or prospective pur-
chaser of any product, or to any officer, employee, agent, or repre-
sentative of any such purchaser or prospective purchaser, any bribe,
gratuity, gift, or ofher payment or remuneration directly or indi-
rectly.
B. Procuring, otherwise than with the consent of any member of
the Code, any information concerning the business of such member
which is properly regarded by it a.s a trade secret or confidential
within its organization.
C. Imitating or simulating any design, style, mark, or brand used
by any other member of the Code.
D. Disseminating, publishing, or circulating any false or mislead-
ing information relative to any product or price for any product
of any member of the Code, or the credit standing or ability of any
member thereof to perform any work or manufacture or produce
any product, or to the conditions of employment among the em-
ployees of any member thereof.
E. Inducing or attempting to induce by any means any party to
a contract with a member of the Code to violate such contract.
F. Aiding or abetting any person, firm, association, or corporation
in any unfair practice.




UNIVERSITY OF FLORIDA
6111111111111111111M1
6 1 3 1262 08850 3189
G. Making or giving to any purchaser of any pro.1actmi ngm
anty or protection in any form against decline in the marxbet p..n
of such product.. .
H. Stating in the invoice of any product as the date .thr.ime :
date later than the date of the shipment of such product, or Jncji
ing in any invoice any product shipped on a date earlier than tl
date of such invoice.
I. Secret rebates in the form of special services, discounts, adver
tising allowances, or free samples.
J. Fraudulent and deceptive practices, including false and mis- '
leading advertising, mislabeling, and misbranding.
K. Enticing of employees of other members of the Code, dirctly
or indirectly, to leave their employment. ;
ARTICLE VII-MONOPOLIES
(a.) This Code is not designed to promote monopolies and shall lil:
not be availed of for that purpose.
(b) The provisions of this Code shall not be so interpreted or '
administered as to eliminate or oppress small enterprises or to dis-
criminate against them.
ARTICLE VIII--CHANGES AND ADDITIONS
Such of the provisions of this Code as are not required to be in-
cluded therein by the Act may, with the approval of the President,
be modified or eliminated in such manner as may be indicated by the
needs of the public, by changes in circumstances, or by experience-
all the provisions of this code, unless so modified or eliminated, shai
remain in effect until the expiration date of Title 1 of the Act.
In order to enable the Industry to conduct its operations subject
to the provisions of this Code, to establish fair trade practices within
the Industry and with those dealing with the Industry, and other-
wise to effectuate the purpose of Title 1 of the Act, supplementary
provisions of this Code or additional codes may be submitted from
time to time, through the Executive Board of the Association, for
the approval of the President.
ARTICLE IX-CANCELLATION OR MODIFICATION
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 Recovery Act in cancellation or modification
of any order, approval, license, rule, or regulation pertaining thereto.
ARTICLE X-VIoLATIONS
Violation by any persons subject to the provisions of this,Code;
or of any approved rule issued thereunder, or of any agreement
entered into by them with the Executive Board of the Association to
observe and conform to this Code and said rules, is an unfair method
of competition, and the offender shall be subject to the penalties
imposed by the Act.



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