Code of fair competition for the machinery and allied products industry as approved on March 17, 1934 by President Roosevelt

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Title:
Code of fair competition for the machinery and allied products industry as approved on March 17, 1934 by President Roosevelt
Portion of title:
Machinery and allied products industry
Physical Description:
p. 231-255 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

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Subjects / Keywords:
Machinery industry -- Law and legislation -- United States   ( lcsh )
Commercial products -- 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. 1399-65."
General Note:
"Approved Code No. 347."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 652447300
ocn652447300
System ID:
AA00009976:00001


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NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE

MACHINERY AND

ALLIED PRODUCTS INDUSTRY
'RI -
AS APPROVED ON MARCH 17, 1934
BY


PRESIDENT ROOSEVELT,


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 347


Register No. 1399-65






















This publication is for sale by the Superintendent of Documents, Government
Printing Officq, Washington, 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, III.: 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.: 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.: 422 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 Office Building.














Approved Code No. 347


CODE OF FAIR COMPETITION
FOR THE

MACHINERY AND ALLIED PRODUCTS INDUSTRY

As Approved on March 17, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR 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 my approval of a Code of
Fair Competition for the Machinery and Allied Products Industry,
and hea rings having been held thereon and the Administrator 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 requirements of clnuI.es
(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, on condition that
each of the trade associations representing the thirty-nine (39) sub-
divisions of this Code shall amend its constitution, by-laws and/or
articles of incorporation or association to the satisfaction of the
Administrator within thirty (30) days after the effective date of this
Code and that the code authority constituted under this Code and
the code authority under the Code of Fair Competition for the
Automotive Parts and Equipment Industry study the definitions
contained in the two codes referred to, and within sixty (60) dpys
47135--4125-103-34 (231)







2.2

from the effective (late of this Code recommend to the Administrator
such changes in said definitions as will eliminate any overlapping
therein.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON.
Admin istrator.
The WHITE HOUSE,
March 17, 1934.













LETTER OF TRANSMITTAL


The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the Ma-
chinery and Allied Products Industry, and the hearing conducted
thereon in the Rose Room of the Washington Hotel, Washington,
D.C., on February 9, 1934, in accordance 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 statu-
tory and regulatory requirements were complied with.

GENERAL STATEMENT
The heavy machinery industry has suffered more through the de-
pression than almost any other industry and it is facing continuing
problems. In view of this fact, a cross-section of this durable goods
industry effected an organization to deal with these problems and
to avail itself of the facilities of the National Recovery Administra-
tion by submitting this proposed basic code for the Machinery and
Allied Products Industry.
The industry at present consists of 39 subdivisions. The trade as-
sociations representing these 39 subdivisions are representative of
approximately 88 per cent of the dollar volume of business coming
within the definition of this industry.
The code expressly provides that each subdivision may file an
application for a supplemental code which shall be applicable solely
to such subdivision and which shall not be inconsistent with any of
the provisions of this basic code. It also expressly provides that
any subdivision may withdraw from the basic code by a vote of the
employers within such subdivision; that the supplemental code for
such subdivision, together with such pertinent provisions of this basic
code as shall be defined by such supplemental code shall then become
the code for such former subdivision and its code authority shall
perform all the functions with respect to such code.

ECONOMIC EFFECT OF THE CODE
Since the scope of this basic code is so broad, its economic effect
can best be shown in the report on the individual subdivisions when
their supplemental codes are submitted for approval.

RESaUME OF CODE
Article I-Purposes-sets forth the purposes of this code and pre-
scribes the method by which any subdivision of the industry may ap-
ply to the President for a code supplementary to this basic code.
(233)






234


Article II-Definitions-specifically defines the 39 subdivisions
of the industry and various general terms used in the code.
Article III-Working Hours-provides that employees shall not be
permitted to work in excess of 40 hours in any one week or eight hours
in any one day, or more than six days in any seven day period, ex-
cept that this shall not apply to executives, those employed in a
supervisory or administrative capacity or their immediate assistants,
and salaried technical men and field service engineers being paid at
the rate of $35.00 or more per week. and traveling salesmen. Watch-
men are to be permitted to work 56 hours per week. Power plant
engineers and firemen shall be permitted to work not in excess of 45
hours in any seven day period.
The maximum hours shall not apply in the following cases, in
which cases overtime is paid for at one and one-half times the regular
rate:
(1) Employees on emergency maintenance or emergency repair
work involving breakdown or protection of life or property.
(2) For six weeks in any 26 week period, during which period
Overtime shall not exceed eight hours in any one week.
At least one and one-half times the regular rate shall be paid for
all work performed on Sundays or legal holidays, except by watch-
men, power plant engineers and firemen.
Article IV-Wages-provides that employees engaged in plant
operations shall be paid as follows: (1) in cities of more than 50,000
population and their immediate vicinity, 40 cents per hour; (2) in
cities of more than 10.000 but not more than 50,000 population and
their immediate vicinity, which cities are not in the immediate vi-
cinity of a city of more than 50,000 population, 38 cents per hour; (3)
in cities of 10,00' population or less and their immediate vicinity,
which cities are not in the immediate vicinity of a city of more than
10,000 population, 36 cents per hour, except that employees engaged
in plant operations in all localities in the states of Virginia, North
Carolina, South Carolina. Georgia, Florida, Tennessee, Alabama
Mississippi, Arkansas, Louisiana, Texas and Oklahoma, shall be paid
not less than 32 cents per hour.
When females do substantially the same work as males or replace
males, they shall receive the same pay. However, no female em-
ployee shall be paid less than 8T1, per cent of the proper rate for the
locality in which employed.
Office boys and girls and apprentices shall be paid not. less than 80
per cent of the minimum wage.
Employees other than those engaged in plant operations shall re-
ceive not less than $15.00 per week.
Article V-General Labor Provisions-includes the provisions of
Section 7 (a) of the National Industrial Recovery Act, and provides
that no person under 16 years of age shall be employed in the indus-
try, nor any one under 18 years of age in operations or occupations
hazardous in nature or detrimental to health. It also provides that
employers shall post copies of the code in conspicuous places.
Article VI-Administration-provides that in order to administer,
supervise and facilitate the enforcement of the code, there shall be a
basic code authority consisting of not less than 12 nor more that 15
members elected by members of the industry, each employer having






235


one vote in such election. The Administrator may appoint not more
than three members to serve without vote.
This Article provides that voting on matters other than the election
of the basic code authority shall be by each of the two following
methods: (1) by one vote by each employer, and (2) vote weighted
on the basis of one vote for each $100,000 of annual sales, each em-
ployer to have at least one vote.
Article VII-Additional Subdivisions-sets forth the procedure
which additional groups of employers, who are truly representative
of divisions of machinery production, may become aligned under this
code and have their own supplemental codes as subdivisions of this
industry.
Article VIII-Modifications and Termination; Article IX-With-
drawal; Article X-Monopolies; Article XI-Effective Date. These
Articles contain provisions regarding changes and modification of the
code, the termination date of the code (June 16, 1935), the conditions
under which the code authority of a subdivision may become the sole
code authority of that subdivision, the avoidance of monopolistic,
oppressive and discriminatory construction and application of the
code, and a provision that the code shall become effective on the
eleventh day after its approval by the President.
FINDINGS
The Deputy Administrator in his final report to me on said Code,
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses 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 pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by reducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is an industrial association truly representative of the aforesaid
industry; and that said association imposes no inequitable restrictions
on admission to membership therein.
(c) The Code is not designed to and will not permit monopolies or
monopolistic practices.






236


(d) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, I recommend that this Code be
approved, on condition that each of the trade associations repre-
senting the thirty-nine (39) subdivisions of this Code shall amend
its constitution, by-laws and/or articles of incorporation or associ-
ation to the satisfaction of the Administrator within thirty (30)
days after the effective date of this Code and that the code authority
constituted under this Code and the code authority under the Code
of Fair Competition for the Automotive Parts and Equipment In-
dustry study the definitions contained in the two codes referred to,
and within sixty (60) days from the effective date of this Code rec-
ommend to the Administrator such changes in said definitions as
will eliminate any overlapping therein.
Respectfully,
HUGH S. JOHNsoN,
Administrator.
MARCH 9, 1934.












CODE OF FAIR COMPETITION FOR THE MACHINERY
AND ALLIED PRODUCTS INDUSTRY

ARTICLE I-PURPOSES
To effectuate the policy of Title I of the National Industrial
Recovery Act the following provisions are established as a Code for
the Machinery and Allied Products Industry, and shall be the stand-
ard of fair competition for this Industry, and shall be binding on
every employer therein.
The employers composing each of the Subdivisions of the Indus-
try as hereinafter defined in Article II, acting through their re-
spective trade associations (member of applicant) or otherwise, may
file an application for a Supplemental Code which shall be applicable
solely to such Subdivision and which may deal with all subjects
applicable solely to such Subdivision not provided for by this Code
and not inconsistent with any provision of this Code. The Supple-
mental Code of each Subdivision shall include by reference and
make binding upon the Subdivision all the provisions of this Code.
Upon approval by the President the provisions of such Supplemental
Code shall be binding on such Subdivision and upon each employer
therein.
ARTICLE II-DEFINITIONw
Applicant means the Machinery and Allied Products Institute.
Machinery and allied products industry or the Industry consists
of the following Subdivisions, each of which is defined in the follow-
ing separate paragraphs of this Article:
(1) Air filter sutbdivsion means the manufacture for sale of equip-
ment used solely for the cleaning of air and other gases, and parts
thereof except for use in aeroplanes, automobiles, trucks or tractors
and includes all those engaged in such manufacture for sale.
(2) Bakery equiipnunt man ufacturing subdivision means the man-
ufacture 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.
(3) Beater & jordan & allied equipment subdiv'sion. means the
manufacture for sale of beaters & jordans & allied equipment and
parts thereof, and includes all those engaged in such manufacture
for sale.
(4) Caster and floor truck mawnufactwring subdivision means the
manufacture, for sale of casters of all descriptions, including furni-
47135*-425-103-3----2 (237)







238


ture, metal bed, washing machine, hospital, truck casters, and miscel-
laneous casters, and floor protective devices, commonly called glides,
slides and rests; hand propelled floor trucks of all descriptions,
trailers (other than highway trailers), barrel skids and parts of all
the foregoing products, and all articles and devices kindred or inci-
dent to the caster and/or floor truck business, and includes all those
engaged in such manufacture for sale.
(5) Cereal machinery subdivision means the engineering, design-
ing, manufacturing and/or importing and assembling for sale of
machinery including spare, repair and replacement parts thereof;
this includes reduction, cleaning, roasting, drying, cooling, separat-
ing, mixing and flaking machinery as used in the manufacture and
processing of cereals, seeds and nuts and/or their by-products and
includes supplies and,'or equipment directly or indirectly incident
thereto and also includes grinding and corrugating of mill rolls (ex-
cluding machinery and/or equipment for extracting vegetable oils,
hammer mills, machinery as sold for use on farms, machinery and/or
equipment or parts therefore having a general application and use
for purposes other than the uses hereinabove enumerated) and
includes all persons so engaged.
(6) Concrete mixer subdivision means the manufacture for sale
of concrete mixers of the building mixer, paving mixer, truck mixer
and agitator type, and parts thereof, and includes all those engaged
in such manufacture for sale.
(7) Contractor.' pump subdivision means the manufacture for
sale of dewatering and pressure pumps of the following types:
dliaphrrnlin, standard centrifugal up to 8" in size and self priming
centrifugal up to 6" in size for dewatering purposes; plunger and
piston type trench pumps; contractors' water supply pumps, and
road pumps and parts thereof, intended for use by contractors in the
construction industry, and includes all those engaged in such manu-
facture for sale.
(8) C'onriynr, nd material preparation equipment mnwufaeturing
su.bdioision means the designing, manufacturing, and assembling for
sale, and installing when required, of equipment (stationary or port-
able), for handling, transporting and elevating mechanically, ma-
terials and articles (either packaged or loose), and also equipment
for cleaning, preparing and processing bulk materials while being
mechanically handled (excepting, however, machinery and or equip-
ment wherein a conveyor or material preparation mechanism is an
integral part thereof, and one or more processes or functions are
performed within such machinery and/or equipment for the proc-
essing of food products or seeds), and includes all persons so engaged.
In connection with the designing, manufacturing, assembling, and
installing of such equipment, the Subdivision uses only the follow-
ing mechanisms, or one or more of them: chains, belts and cables
with or without drag scrapers; cleats, trolleys and buckets; gravity
chutes; power driven and gravity rollers, wheels and balls; belt
idlers; screw conveyors; screens and mechanical cleaning devices;
and mechanisms and supports required for their operation. The
Subdivision shall include the designing, manufacturing, assembling
and installing of power driven and gravity rollers and wheels, belt
idlers, screw conveyors, screens and mechanical cleaning devices;






239


provided that it shall not include the designing and/or manufactur-
ing for sale of other mechanisms, although such mechanisms are
used as parts of the equipment designed, manufactured and assem-
bled by it for sale.
(9) Diamond core drill manufacturing subdivision. means the man-
ufacture for sale of diamond core drills, supplies, fittings, equipment,
and parts thereof, and includes all those engaged in such manufac-
ture for sale.
(10) Diesel engine manufacturing subdivhion means the manu-
facture for sale of Diesel engines and/or parts thereof, except Diesel
engines used (1) in, and for the propulsion of, aeroplanes, auto-
mobiles, trucks or tractors, and (2) in, and for the operation of,
portable air compressors, and includes all those engaged in such
manufacture for sale.
(11) Envelope machine nmanufacturing subdivision. means the man-
ufacture for sale of machinery and/or parts thereof for use in
the manufacture and/or production of envelopes of all kinds, in-
cluding the erecting, designing, servicing, maintenance, and repair
of such machinery and/or parts thereof, and includes all those en-
gaged in such manufacture for sale.
(12) Hair clipper manufacturing subdivision means the manu-
facture for sale of hand or electrically or other power-operated hair
clippers for human or animal use, products directly or indirectly
incident thereto, appliances and parts thereof, and includes all those
engaged in such manufacture for sale.
(13) Hoist builders subdivision means the design, manufacture,
contracting for and/or subletting the manufacturing for the sale
of hoists operated by electricity, gas, oil, air or steam, for hoisting
or hauling materials or men and for all industrial uses in which such
type of hoists, commonly known as mine hoists are applicable, in-
cluding spare, repair and replacement parts thereof, and includes
all those so engaged; provided that the Subdivision shall not include
those types of hoists, including spare, repair or replacement parts
thereof, commonly known as contractors hoists, slusher hoists, direct
lift hoists, simple cylinder hoists, monorail hoists, trolley hoists,
body and dump truck hoists.
(14) Hoisting engine manufacturing subdivision means the manu-
facture for sale of power-operated hoisting or winding engines such
as are used in construct ion work, sand and gravel operations, logging,
and dredging, and special modifications thereof, including accessory
equipment used therewith such as derricks, whirlers, and cableways,
and spare, repair and replacement parts thereof, but not including
the type commonly known as mine hoists, and includes all those
engaged in such manufacture for sale.
(15) Hydraulic nw.hin-.ery subdivision means the manufacture for
sale, erecting, and selling of hydraulic machinery of all kinds and
parts thereof, whether using water or any other liquid, including
specifically but without in any way limiting the generality of the
foregoing, hydraulic machines and presses, hydraulic testing ma-
chines (made to special order), hydraulic accumulators, and also
other accessories such as pumps, valves, and fittings and parts thereof
incident to the operation of such hydraulic equipment. It excludes,
however, prime movers such as turbines, water wheels, and their;






240


accessory equipment, hydraulic brakes and 'or parts therefore hy-
draulic shock absorbers, hydraulic bumpers and hydraulic dump
trucks. It includes all those engaged in such manufacture for sale.
(16) Jack manufacturing shbdh'ision means the manufacture for
sale of jacks and parts thereof used generally in the construction,
railroad, mining, and general industrial field, exclusive of automo-
tive jacks, and includes all those engaged in such manufacture for
sale.
(17) Kiln, cooler, and dryer manufacturing subdivision means the
design, manufacture, contracting for or subletting the manufacturing
for the sale of kilns, coolers, and dryers and accessory equipment
for the manufacture of cement and lime, and for use in all mineral,
metallurgical, and chemical processes, including spare, repair and
replacement parts thereof, and includes all those so engaged.
(18) Locomotive manufacturing eubdiwision means the building
and/or manufacturing for sale and selling of locomotives of more
than 600 horsepower capacity per locomotive used for tractive power
on railroads and."or finished and semi-finished component, repair
and replacement parts thereof and/or therefore, by builders of loco-
motive and,'or their affiliated companies; provided, however, that
locomotives propelled by electric motors (including finished and/or
semi-finished component, repair and replacement parts thereof
and/or therefore and used therein) may be built and/or manufac-
tured for sale and sold either by members of this Subdivision under
this Code or by members of the Electrical Manufacturing Industry
under its Code. Locomotives of more than 600 horsepower capacity
but not to exceed 1,200 horsepower capacity and/or finished and
semi-finished component, repair and replacement parts thereof
and/,or therefore may be built and/or manufactured for sale and sold
by the Small Locomotive Subdivision under this Code. Horse-
power" means the figure arrived at by multiplying tractive effort
(taken at that speed at which the maximum horsepower will be pro-
duced) by the speed in miles per hour and dividing that result by
875. The term "affiliated company as used in this paragraph means
a company whose relations to another company are such that either
one has, directly or indirectly, a substantial stock interest in the
other, or that a third company has, directly, or indirectly a sub-
stantial stock interest in both; provided, however, that in the event
of a dispute or disagreement regarding the term "affiliated com-
pany as used herein, such dispute or disagreement shall be referred
for decision to an arbitration committee, elected or appointed by a
fair method of selection. Should any member of this Subdivision
desire to appeal from the decision of said arbitration committee, such
member may appeal direct to the Administrator, whose decision in
the matter shall be final.
(19) Mechanical lubricator subdivision means the manufacture or
assembly for sale of power-driven force-feed lubricators for cylinders
and bearings of Diesel engines and other internal combustion en-
gines; for cylinders and bearings of steam engines; for cylinders and
bearings of all types of compressors; for automatic lubrication of all
types of machinery requiring lubricants to be fed to moving parts;
and parts thereof, and includes all those engaged in such manufac-






241


ture or assembly for sale. It does not include force-feed lubricators
for steam railway locomotives or pressure oiling systems for auto-
motive vehicles or force-feed lubricators when manufactured as part
of another product by the manufacturers of such other product. Em-
ployers otherwise engaged in the Farm Equipment Industry may
manufacture for sale and sell mechaniLal lubricators as used or sold
in connection with trucks and tractors, under the provisions of the
Code of the Farm Equipment Industry and not under the provi-
sions of this Code.
(20) Oil field pumping engine manufacturing subdivision, means
the manufacture for sale of internal combustion engines of the slow-
speed, stationary, oil-well pumping type, using natural gas or oil
for fuel, accessories thereto and parts thereof, and includes all those
engaged in such manufacture for sale.
(21) Power transmission subdivision means the manufacture for
the sale of flat belt pulleys, rope sheaves, couplings, collars, hangers,
pillow blocks, journal boxes, clutches and other incidental machinery
and appliances used in the transmission of power, but exclusive of
shafting, multiple V-belt drives, belting, cut gears, cut tooth and
cast tooth sprockets, chains, speed reducers, and automotive parts,
and parts thereof, and includes all those engaged in such manufac-
ture for sale. Employers otherwise engaged in the Farm Equipment
Industry may manufacture for sale and sell power takeoff equipment
used in connection with tractors and gear reduction devices for
power takeoff for farming machinery, under the provisions of the
Code of the Farm Equipment Industry and not under the provisions
of this Code.
(22) Pulverizing machinery and equipment subdivision means the
design, manufacture, contracting for or subletting the manufactur-
ing for the sale of ball, tube, roller and attrition types of pulverizing
machines, air separators or classifiers of dry materials, and auxiliary
equipment including spare, repair, and replacement parts thereof,
and includes all those so engaged; provided that the Subdivision
shall not include fuel-pulverizing equipment or spare, repair or
replacement parts thereof. Employers otherwise engaged in the
Farm Equipment Industry may manufacture for sale and sell ham-
mer mills, feed grinders and similar equipment for use on farms,
under the Code of the Farm Equipment Industry and not under
the provisions of this Code.
(23) Railway and industrial spring manufacturing subdivision.
means and includes only the business of producing and selling hot
formed helical, elliptical, and special springs and/or pressed steel
journal box lids and, or pressed steel spring plates.
(21) Railway appliance manufacturing subdivision means thl.
manufacture for sale of railway hand cars, push cars, velocipede
cars, motor cars and special appliances thereof, locomotive water
cranes and parts thereof, and includes all those engaged in such
manufacture for sale.
(25) Reduction machinery subdivision means the manufacture for
sale of centrifugal impact crushers, generally known as hammermills
and ring mills; disintegrators of the bar cage type; gravity impact
crushers, generally known as Bradford breakers and cleaners; rotary






242


pot crushers; pick and needle breakers; single and double roll
crushers, for primary, secondary and fine reductions, and auxiliary
equipment, including rotary drum type dry mixers (excluding con-
crete mixers, and mixers for cereals, seeds and nuts) and including
spare, repair and replacement parts thereof, and includes all those
engaged in such manufacture for sale. Employers otherwise engaged
in the Farm Equipment Industry may manufacture for sale and sell
reduction machinery for processing grains and fodder on the farm
under the provisions of the Code of the Farm Equipment Industry
and not under the provisions of this Code.
(26) Refrigerating machinery subdivision means the engineering,
design, and production of commercial and industrial ice making
and refrigerating machinery and equipment incidental thereto. It
is expressly states for the purposes of this Code that it is to apply
to the engineering, design, manufacture, and sale, as well as erection
and,/or installation of such machinery and equipment incidental
thereto. Any work or process incidental to and carried on by an
employer at his plant or elsewhere as a part of the manufacture
of any product of the Subdivision shall be governed by the provisions
of this Code rather than of any other Code.
(27) Rock and ore crusher subdivision means the design, manu-
facture, contracting for or subletting the manufacturing for the sale
of rock, gravel, and ore crushers for coarse and secondary reduction
and includes spare, repair and replacement parts thereof, and in-
cludes screening and washing machinery, the sale (but not the man-
ufacture) of conveying machinery, and any other accessory equip-
ment and/or materials when sold with and incidental to crushing
equipment, and includes all those so engaged; provided that" the
Subdivision shall not include crushers and associated machinery when
mounted in portable units-also excluding hammermills.
(28) Roller and silent chain, subdivision means the manufacture
for sale of sprocket. chain of steel, or other metals excepting malle-
able iron, of the types generally known as inverted tooth or silent
chains, finished roller and rollerless-bushing chains (but not those
commonly known as semi-finished chains), block chains having either
cold drawn or laminated center blocks, and parts thereof, and such
sprockets therefore as are manufactured by the manufacturers of
said chains, and includes all those engaged in such manufacture for
sale.
(29) Rolling mill machinery and equipnmnt subdivision means the
manufacture for sale of rolling mill machinery and equipment, in-
cluding rolls (except hardened steel forged rolls unless made and
sold as a part of such rolling mill machinery and equipment) and
including roll stands, tables, shears, roll lathes, tube mill machinery
and all other auxiliary equipment and parts thereof used in the
rolling and processing of ferrous and non-ferrous metals to pro-
duce commercially recognized rolling-mill products, and includes all
those engaged in such manufacture for sale.
S(30) Sawmill machinery subdivision means the manufacture for
sale of machinery and parts thereof for use in sawmills for convert-
ing saw logs or timbers into lumber and other timber products, and
includes all those engaged in the manufacture of such machinery for
sale.






243


(31) Small locomotive subdivision means the manufacture for
sale and selling of locomotives of 600 horsepower or less. and/or
parts thereof, and includes all those engaged in such manufacture for
sale; locomotives of more than 600 horsepower, but not to exceed 1200
horsepower capacity and, or parts thereof may be manufactured for
sale and sold by either this Subdivision or the Locomotive Manu-
facturing Subdivision under this Code; provided, however, that such
locomotives propelled by electric motors including parts thereof for
use therein, may be manufactured for sale and sold either by mem-
bers of this Subdivision under this Code or by members of the Elec-
trical Manufacturing Industry under its Code. "Horsepower"'
means the figure arrived at by multiplying tractive effort (taken at
that speed at which the maximum horsepower will be produced) by
the speed in miles per hour and dividing that result by 375.
(32) Sprocket chain sAubdivision means the manufacture for sale
of sprocket chains of malleable iron, steel and other metals for con-
veying, elevating, and the transmission of power of the types gen-
erally known as roller chains, rollerless bushing chains, block chains,
malleable and other cast detachable pintle and roller chains, balance
and leaf chains, bar link chains, steel detachable link chains, combi-
nation cast and bar link chains, drop forged and rivetless chains,
draw bench and haul-up chains, taintor gate and bridge chains, and
parts for such chains and sprockets for same, and includes all those
engaged in such manufacture for sale; except that there shall not be
included therein the manufacture for sale of chains for hand hoists
and those generally known as round link or coil chains, nor machine
finished chains, as defined in the definition of the Roller and Silent
Chain Subdivision. The manufacture of sprocket chain by farm
equipment manufacturers is excluded from the manufacturing pro-
visions of this Code but the marketing and trade provisions shall
apply to all sprocket chain sold by such farm implement manufac-
turers for all purposes other than for use on farm implements.
(33) Stcaim 'engin manufact fung subdivision means the design,
manufacture, contracting for or subletting the manufacturing for the
sale of reciprocating steam engines, including spare, repair and re-
placement parts thereof for land and marine use, and includes all
those so engaged; provided that the Subdivision shall not include
locomotive and automotive types or spare, repair and replacement
parts thereof.
(34) S'teel tire manufactul'iny subdivision means and includes
only the business of manufacturing and selling locomotive and rail-
road car wheel tires, other annular weldless rolled steel sections, and
steel tired wheels for railroad, railway and/or industrial use.
(35) Water meter manufacturing subdiv ison means the manu-
facture for sale of water meters and parts thereof, and includes all
those engaged in such manufacture for sale.
(36) Waterpower equipment subdivision means the busilne.s of
manufacturing for sale, selling, erecting and/or designing equipment
or machinery as enumerated below:
(Group 1) Hydraulic turbines, water wheels, impulse wheels, gov-
ernors, governor pumping systems including pressure tanks and
dump tanks, flume manholes, relief valves, energy absorbers, free
discharge valves, drain valves, special and automatic valves; also






244


cast iron or cast steel or steel plate or structural steel (riveted or
welded) spiral casings, pressure casings, speed rings, turbine wicket
gates, head covers, curb plates, throat rings, bearings, bearing hous-
ings, pit liners, draft tubes and liners, short steel penstocks and in-
take pipes not exceeding thirty-five (35) feet in length; all of the
above for water power plants.
(Group 2) Turbine shut-off valves, bypass valves, butterfly valves,
large and special gate valves, needle valves, cylinder valves, conical
valves and spherical valves for water power plants. This Group 2
shall include only such valves and fittings, including parts therefore
or for their servicing, as are made by an employer in this Subdivi-
sion as a part of the products thereof for water power plants only, or
as a separate assembly peculiar to such products.
(Group 3) Head gates, crest gates, sluice gates (except such sluice
gates of cast metal construction, in no event of more than ten (10)
feet diameter opening, as are normally produced and sold by mem-
bers of the Valve and Fittings Manufacturing Industry), bypass
gates, trash racks, rack rakes, lock gates, bear trap gates and mod-
ifications thereof, roller gates, roller sector gates, drum gates, ver-
tical lift gates, vertical lift sector gates, taintor gates, taintor gate
valves, cylindrical valves, filler gates, automatic gates, flashboards
manually or automatically operated, of cast and/or fabricated steel
plate construction together with hoists, operating machinery and
automatic control equipment therefore. (Structural steel plates,
shapes and bars included in the products of this Group 3 may be
sold, fabricated and erected under the code of the Structural Steel
and Iron Fabricating Industry, or the code of the Steel Plate Fab-
ricating Industry, by employers in either of such industries who are
not engaged in the production of other products in this Group 3.)
And other mechanical, plate and structural equipment including
accessories and parts thereof applicable to groups 1 and 2 for water
power plants and applicable to group 3 for water power plants, navi-
gation dams, impounding dams, irrigation works, flood control
works, water supply works including accessories, spare parts, repairs,
replacement parts and parts thereof for all other water power and
control purposes excluding Gantry crane hoists.
(37) Water softener and filter subdivision means the manufacture
or assembly for sale of zeolite water softeners, lime-soda water
softeners, water filters, and products allied thereto including the zeo-
lite used therein and parts thereof, and includes all those engaged in
such manufacture or assembly for sale.
(38) Wire machinery subdivision. means the manufacture for sale
of machinery for drawing wire and rod and the fabrication of
wire and rod products. This includes wire and rod drawing ma-
chinery and accessories, shaping and flattening mills, machinery for
stranding, cabling, etc., cutting-off, pointing, straightening, armor-
ing, bending, forming, cold upsetting, cold heading, etc., and in gen-
eral all machinery used in the working, processing or finishing of
articles made from wire or rod in its raw state, and parts thereof,
and includes all those engaged in such manufacture for sale. Em-
ployers not otherwise engaged in this Subdivision may manufacture
for sale and sell machinery for cold upsetting and heading, and fin-
ishing machines for the product thereof, under the provisions of the






245


Code of another Industry and not under the provisions of this
Code.
(39) 1Woodworkingl ma/chintur subd;vi.sio)n means then manuffacture
for sale of woodworking machinery (exclusive of sawmill machin-
ery), accessories and parts thereof, and includes all those engaged in
such manufacture for sale.
And also such other and additional Subdivisions as shall hereafter
be established within the provisions of this Code as provided in
Article VII.
Except as provided in the definitions of the Locomotive Manufac-
turing Subdivision and the Small Locomotive Subdivision, the fore-
going definitions shall not permit the manufacture for sale under
this Code of electrical products included within the scope of the
Electrical Manufacturing Industry as defined in the Code of Fair
Competition for said Industry, except, where such electrical products
are sold as a part of the products of any Subdivision hereunder and
not sold as separate electrical products in competition with similar
products included within the scope of the Electrical Manufacturing
Industry as defined in the Code of Fair Competition for said Indus-
try; provided, however, that any employer hereunder may manufac-
ture and sell under this Code any spare and/or replacement parts of
any such electrical products for use with products defined hereunder
which were originally manufactured and sold by him.
When carried on at the point of installation, the work of installing,
erecting, rebuilding, and/or servicing of the.products of any Subdivi-
sion hereinbefore defined, (including attachments, accessories and/or
replacement and repair parts therefore included within the defini-
tion of such Subdivision) shall be subject to the provisions of this
Code only when performed by the employer hereunder selling such
products or by a company affiliated therewith.
Person means a natural person, a corporation, a partnership, an
association, a trust, a trustee, a trustee in bankruptcy, a receiver, or
other entity.
Employer means any person engaged in the Industry either on
his own behalf or as an employer of labor.
Employee means anyone who is employed in the Industry by any
such employer.
Apprentice means an employee who is regularly engaged in learn-
ing a trade under a course of training designed to advance him
systematically in the various operations of such trade to become a
competently skilled mechanic.
The act means Title I of the National Industrial Recovery Act.
The Pre:sdent means the President of the United States.
Administrator means the Administrator for Industrial Recovery.
Basic Code A authority means the Code Authority for the Machin-
ery and Allied Products Industry as provided for in Article VI
hereof.
Code Auth'oity means the Code Authority of each of the vari-
ous Subdivisions of the Industry as defined hereinabove in this
Article II.
Group Code Authority means the Code Authority of any group
or product classification within any Subdivision, constituted under
any SupplFmental Code.






246


ARTICLE III-WORKING HOURS
SECTION 1. Maximum Hours.-No employee shall be permitted to
work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period or more than six (6)
days in any seven (7) day period, except as otherwise expressly
provided in this Article III.
SECTION 2. Exceptions as to Hours.-(a) The provisions of this
Article III shall not apply to executives, those employed in a super-
visory or administrative capacity or their immediate assistants, and
salaried technical men and field service engineers, being paid at the
rate of Thirty-five Dollars ($35.00) or more per week, and traveling
salesmen.
(b) Watchmen.-Watchmen shall be permitted to work not in
excess of fifty-six (56) hours per week.
(c) Po-oer Plan.t Engineers and Firemen.-Power Plant engineers
and firemen shall be permitted to work not in excess of forty-five (45)
hours in any seven (7) day period, recognizing the principle of one
day's rest in seven.
SECTION 3. Overtime Provisions.-(a) Emergency Overtime.-The
maximum hours fixed in Section 1 hereof shall not apply to any
employee on emergency maintenance or emergency repair work
involving breakdowns or protection of life or property, or to any
specially skilled employee in emergencies occasioned by the necessity
for the services of such employee which cannot be cared for by the
employment of additional men. In any such case at least one and
one-hal'f times the regular rate shall be paid to employees for time
worked in excess of the maximum provided in Section 1 hereof.
(b) Ordinary Overtime.-The maximum hours fixed in' Section 1
hereof shall not apply for (6) weeks in any twenty-six (20) weeks
period during which overtime shall not exceed eight (8) hours in any
one week. In any such case at. least one and one-half (11.i) times
the regular rate shall be paid to each employee for time worked in
excess of eight (8) hours in any twenty-four (24) hour period or in
excess of forty (40) hours in any seven (7) day period.
(c) Sunday and Legal Holiday Work.-At least one and one-half
(11/) times the regular rate shall be paid for all work performed
on Sunday or legal holidays, except by watchmen, power plant
engineers and firemen.
(d) Reportingq Overtime.-All overtime allowances shall be re-
ported to the Basic Code Authority and made available to the
Administrator in such detail as may be required by Basic Code
Authority
SECTION 4. Employment by Several Empioy(rs.-No employer shall
knowingly permit any employee to work for any time which, when
totaled with that already performed for another employer or employ-
ers, exceeds the maximum permitted herein.
A TICLE IV-WAGES
SECTION 1. (a) Except. as hereinafter provided, no employee
engaged in plant operations shall be paid less than at the following
hourly rates, viz:






247


Where employed in cities of more than 50,000 population and
immediate vicinity, forty cents (400) per hour.
Where employed in cities of more than 10,000 but not more than
50,000 population and immediate vicinity, which cities are not in
the immediate vicinity of a city of more than 50,000 population,
thirty-eight (380) per hour.
Where employed in cities of 10,000 population or less and immedi-
ate vicinity, which cities are not in the immediate vicinity of a city
of more than 10,000 population, thirty-six cents (36.) per hour.
Population figures shall be taken as reported by the Government
census of 1930.
(b) Female employees engaged at any plant in substantially the
same work as male employees at such plant. shall receive the same
rate of pay as such male employees, and where they displace such
male employees they shall receive the same rate of pay as the male
employees they replace.
Female employees engaged in plant operations shall be paid at
a rate not less than eighty-seven and one-half (871/2) per cent of
the proper rate for the locality in which employed, as hereinabove
specified in this Section.
(c) The minimum rate of pay per hour for all employees engaged
in plant operations in all locations in the States of Virginia, North
Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama,
Mississippi, Arkansas, Louisiana, Texas and Oklahoma shall be not
less than thirty-two cents (32) per hour.
SECTION 2. (a) The minimum wage that shall be paid by an
employer to any employee other than those engaged in plant opera-
tions shall be not less than at the rate of $15.00 per week, except as
herein provided.
(b) Office boys and girls may be paid not less than at the rate
of eighty (80) per cent of such minimum wage, but the total number
of such office boys and girls employed by any one employer at such
reduced rate (in no event less than two) shall not exceed five (5)
percent of the total number of office employees of such employer
covered by the provisions of this Section 2.
SECTION 3. Apprentices shall be paid a starting rate of not less
than thirty (30) per cent of the rate paid to a competently skilled
mechanic In the trade in which the apprentice is being trained and
prevailing in the shop where the apprentice is employed, provided,
however, that the starting rate paid to any apprentice shall not be
less than twenty-four cents (240) per hour.
Wages paid to apprentices shall be advanced at intervals in meas-
ured amounts so that the rate for the last period of apprenticeship
shall not be less than eighty (80) per cent of the rate paid to a com-
petently skilled mechanic in the particular trade in the shop where
the apprentice is employed.
If an apprentice is paid during hours in which he is solely obtain-
ing school training, or if an apprentice is paid a bonus at the end
of his apprenticeship, such payments may be credited in computing
his compensation.
At no time shall a new apprentice be admitted to apprenticeship
by a.ny employer when such action will bring the total number of






248


such apprentices so employed to a ratio of more than one apprentice
to five competently skilled mechanics in the trade employed by such
employer in the particular trade in question.
All apprentice indentures or written contracts shall be submitted
to the Basic Code Authority for approval and shall be made avail-
able to the Administrator.
SECTION 4. This Article IV establishes a minimum rate of pay
regardless of whether an employee is compensated on a time rate,
piece work or other basis.
SECTION 5. A person, vocationally handicapped, whose earning
capacity is limited because of age or physical or mental handicap
may be employed on suitable work at a wage rate below the minimum
established by this Article IV if the employer or the employee ob-
tains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
If such person is employed by any employer at the time request for
a certificate is made such employee may continue to be employed by
the same employer under the conditions stipulated in the application
for such certificate during the period of procurement of such cer-
tificate or rejection of such application.
SECTION 6. With a view that there shall be equitable adjustment
of rates above the minimum, not later than thirty (30) days after
the effective date, each employer in the Industry shall report to the
Administrator through the Basic Code Authority, the action taken
by such employer since June 16, 1933, in adjusting or not. adjusting
the wage rates of all hourly employees covered by Section 1 and of
the employees covered by Section 2 hereof receiving more than the
minimum rate as therein provided but less than Thirty-Five Dollars
($35.00) per week of regular work period.
In no case shall rates of pay, computed on an hourly basis, be low-
ered in making the above adjustments.

ARTICLE V-GENERAL LABOR PROVISIONS
SECTION 1. As required by Section 7 (a) of Title 1 of the Act, it
is hereby provided:
(1) That employees shall have the right to organize and bargain
collectively 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; (2) that no
employee and no one seeking employment shall be required 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 maxi-
mum hours of labor, .minimum rates of pay, and other conditions of
employment, approved or prescribed by the President."
SECTION 2. No person under sixteen (16) years of age shall be
employed in the Industry, nor any one under eighteen (18) years of
age at operations or occupations hazardous in nature or detrimental






249


to health, as may be defined by United States Department of Labor,
or State law.
SECTION 3. Within each State this Code shall not supersede any
laws of such State imposing more stringent requirements on employ-
ers regulating the age of employees, wages, hours of work, or health,
fire, or general working conditions than under this Code.
SECTION 4. Employers shall not reclassify employees or the work
of employees so as to defeat the purposes of the Act.
SECTION 5. Each employer shall post in conspicuous places full
copies of this Code.
ARTICLE VI-ADMINISTRATION
(a) A Basic Code Authority is hereby constituted to administer,
supervise and facilitate the enforcement of this Code.
Basic Code Authority shall effect its own organization. It shall
elect its officers (who need not be members of Basic Code Authority
or employers in the Industry) by a vote of its members, and may
employ such personnel as it deems necessary. It may appoint such
committees (consisting of members and/or non-members) as it deems
desirable, and may delegate to such committees such authority as it
deems necessary. It shall have no authority or activity not related
to the provisions of this Code or of any approved Supplemental
Code.
(b) During the period not to exceed sixty (60) days following the
effective date of this Code, the Executive Committee of the Applicant
shall constitute a temporary Basic Code Authority. This Committee
shall consist of not less than nine (9) nor more than fifteen (15)
members and the Administrator may, in his discretion, appoint not
more than three (3) additional members (without vote and without
expense to the Industry).
(c) Within said sixty (60) days' period the temporary Basic Code
Authority shall call a meeting, to which all known employers in the
Industry shall be invited, at. which meeting the following action
shall be taken:
(1) Adoption of procedural rules and regulations for the election,
organization, and operation of the permanent Basic Code Authority.
(2) Election of permanent Basic Code Authority.
The permanent Basic Code Authority shall consist of not less
than twelve (12) nor more than fifteen (15) representatives of
employers in the Industry entitled to participate as provided in
Section (c) of this Article VI, twelve (12) of whom shall be elected
at large and not more than three (3) additional may be elected by a
vote of the employers of the Subdivisions not having a representative
of an employer elected to Basic Code Authority by the vote at large.
The Administrator, in his discretion, may appoint not more than
three (3) additional members (without vote and without expense to
the Industry).
Each elected member of Basic Code Authority shall be an em-
ployer or an executive officer or a partner in an employer entitled to
1 See paragraph 2 of order approving this Code.






250


participate in the activities of the Industry, no two of whom shall be
representatives of the same employer.
(d) Action by employers in any Industry meeting for the election
of Basic Code Authority shall be by vote of the employers entitled
to vote as hereinafter provided in this Section who are present in
person or by proxy duly executed and filed with Basic Code Au-
thority, each such employer to have one vote only. Action by em-
ployers in any Industry meeting for all other purposes including
the adoption of procedural rules, action on Code. revisions, addi-
tions or supplements, or the transaction of any other business of the
Industry under this Code, shall be by vote of the employers entitled
to vote as hereinafter provided in this Section who are present in
person or by proxy duly executed and filed with Basic Code Au-
thority, cast concurrently in each of the two following methods:
(1) By one vote of each employer.
(2) By vote of employers weighted on the basis of one vote for
each $100,000 of the annual average of sales billed f.o.b. plant by
each employer for the preceding two (2) calendar years, as reported
to Basic Code Authority, to be computed at the beginning of each
calendar year and to apply throughout the then current year. Each
employer shall be entitled to at least one such vote.
Except as otherwise provided in this Code, any action taken at
any meeting of employers shall be by a majority vote, cast and
computed in each of the two methods hereinabove provided.
Each employer shall pay to Basic Code Authority his pro rata
share of the costs of preparing, submitting, and administering the
Code, computed on the basis of the proportionate weighted vote
provided for in Subsection (2) of this Section. Upon paying his
pro rata share of such costs, each employer shall be entitled to vote
on and share in all the benefits of Basic Code Authority.
(e) With a view to keeping the President informed as to whether
the Industry is taking appropriate steps to effectuate the declared
policy of the Act, each employer shall prepare and file with such
person or organization as Basic Code Authority may designate and
at such times and in such manner as may by Basic Code Authority
be prescribed (to be held and used subject to the limitations of this
Article VI) statistics of plant capacity, volume of production, vol-
ume of sales in units and dollars, orders received, unfilled orders,
stocks on hand, inventories, both raw and finished, number of em-
ployees, wage rates, employees earnings and hours of work, and such
other related data or information as Basic Code Authority may from
time to time require.
In addition to information required to be submitted to Basic Code
Authority, there shall be furnished to Government agencies such
statistical information as the President may deem necessary for the
purposes recited in Section 3 (a) of the Act. The records required
for such purposes shall be created and maintained in such a way as
to disclose accurately the information required from time to time by
Government agencies under the provisions of this Section (e).
(f) Except as otherwise provided in the Act, all individual statis-
tics, data and information of individual employers, filed with Basic
Code Authority or a Code Authority or a Group Code Authority in
accordance with the provisions of this Code or a Supplemental Code






251


shall be kept confidential; provided, however, that nothing herein
shall prevent the publication of general summaries of such statistical
data and information.
The statistics, data and information relating to any one employer
shall not be revealed to any other employer, or to anyone, except for
the purpose of administering or facilitating the enforcement of the
provisions of this Code. Basic Code Authority by its duly author-
ized representatives (who shall not be an employer or in the employ
of any employer affected by this Code) ,.hall, to the extent per-
mitted by the Act, have access to any and all statistics, data and
information that may be furnished in accordalice with the provisions
of this Code.
(g) A Code Authority is hereby constituted for each Subdivision
to administer, supervise and facilitate the enforcement of this Basic
Code in the manner and to the extent hereinafter provided in this
Article, and of such Supplemental Code as may be submitted here-
after by a Subdivision and approved by the Administrator.
During the period not to exceed sixty (60) days following the
effective date of this Code, the governing body of the trade associa-
tion (member of the Applicant) representing the employers within
the Subdivision, shall constitute a temporary Code Authority. -The
Administrator, in his discretion, may appoint one additional member
(without vote and without expense to the industry).
Within said sixty (60) day period each such temporary Code
Authority shall call a meeting, to which all known members in the
particular Subdivision concerned shall be invited, at which meeting
the following action shall be taken:
(1) Adoption of procedural rules and regulations for the election,
organization and operation of permanent Code Authority.
(2) Election of permanent Code Authority.
Each permanent Code Authority shall consist, of not less than
three (3) nor more than nine (9) representatives of employers in
the Subdivision. The Administrator in his discretion may appoint
one additional member (without vote and without expense to the
Subdivision).
Each such Code Authority may adopt such rules for the conduct
of the Code activities of the Subdivision as are not inconsistent with
the provisions of this Code.
Action by employers in any Subdivision meeting for the election
of Code Authority shall be by vote of the employers entitled to vote
as provided in Section (d) hereof, each such employer to have one
vote only. Action by employers in any Subdivision meeting for the
adoption of procedural rules, submission of a Supplemental Code
or revisions or additions thereto, or the transaction of other business
of the Subdivision under this Code, shall be by vote of the employers
in such Subdivision who are entitled to vote threat as provided in
Section (d) hereof and are present in person or by proxy duly
executed and filed with Code Authority of such Subdivision, cast and
computed in the manner provided in Section (d) hereof for voting
in the Industry, except, that employers in any Subdivision may pre-
scribe such other method of voting as they may determine upon with
the approval of the Administrator.






252


The foregoing provisions of this Section (g) shall apply to any
Subdivision only in the event and so long as there shall be no Sup-
plemental Code for such Subdivision approved by the Administrator
or in the event that such approved Supplemental Code shall fail
to contain provisions for the creation and operation of a permanent
Code Authority.
(h) Each Code Authority shall through its duly authorized rep-
resentatives (who shall not be an employer or in the employ of any
employer in such Subdivision) receive copies of, or have access to,
as it may elect, all statistics, data and information pertaining to such
Subdivision; provided, however, that provisions of this Article VI
shall control, to the extent permitted by the Act, the making of all
examinations and audits and the use to be made of all information,
however obtained, with respect to any employer.
Except as otherwise provided in this Code, the Code Authority of
each Subdivision shall hear and attempt to adjust. all matters sub-
mitted to it or to Basic Code Authority pertaining to the provisions
of this Code and the Supplemental Code for such Subdivision, if
any, except those pertaining to relations between employer and em-
ployees, with respect to which relations neither Basic Code Authority
nor any Code Authority shall have jurisdiction. For the purpose of
hearing and attempting to adjust such matters submitted to it as are
within its jurisdiction as defined above, such Code Authority may, to
the extent permitted by the Act, investigate and ascertain the facts
through such examination or audit as it may deem necessary.
If it shall be represented to Basic Code Authority by any employer
in any Subdivision or any other person that. the Code Authority
of such Subdivision has failed to act on any matter properly pre-
sented to it within a reasonable time after such presentation, Basic
Code Authority may require that such matter be submitted to it and
shall thereafter proceed with the determination of such matter in
the same manner and with the same power and duties as if such
matter were being determined by the Code Authority.
All decisions of a Code Authority shall be final unless appeal is
taken to Basic Code Authority, or any such decision involves matters
required to be reported to the Administrator or to the President, in
which case all pertinent information, papers and data in the posses-
sion of such Code Authority shall be turned over by it to Basic Code
Authority and Basic Code Authority shall pass upon the merits of
the case, and make final decision, or report thereon to the Admin-
istrator or to the President, as the case may be.
(i) If any employer in the Industry is also an employer in any
other industry, the provisions of this Code and the jurisdiction of
Basic Code Authority, of any Code Authority or of any Group Code
Authority hereunder shall apply to and affect only that part of his
business and product which is included in the Industry, Subdivision
or Group, respectively. If any employer in the Industry is an em-
ployer in two or more Subdivisions, the jurisdiction of the Code
Authority of each such Subdivision and the provisions of any Sup-
plemental Code applicable thereto shall apply to and affect only
that part of the business and product of such employer which is
within such Subdivision.






253


(j) Nothing contained in this Code shall constitute employers in
the Industry, or members of Basic Code Authority or of a Code
Authority or of a. Group Code Authority as partners for any pur-
pose. Nor shall any member of Basic Code Authority or a Code
Authority or a Group Code Authority, exercising reasonable dili-
gence in the conduct of his duties hereunder, be liable in any manner
to anyone for any action of any other member, officer or employee of
Basic Code Authority or a Code Authority or a Group Code Author-
ity, or be liable to anyone for any action, or omission to act, under the
Code, or a Supplemental Code except for his own willful misfeasance
or nonfeasance.
The Basic Code Authority or any Code Authority or any Group
Code Authority shall be deemed to have discharged its full duty in
respect to any violation or alleged violation of the Code or a Supple-
mental Code when it shall have exercised such powers as are con-
ferred upon it., and in the event of its inability to procure compliance
with the provisions of the Code, or Supplemental Code, shall have
certified the facts and made available all pertinent information with
respect to such violation or alleged violation to the Administrator or
other appropriate Governmental authority and thereafter stood pre-
pared to render all proper assistance to the Administrator or other
appropriate Governmental authority to enable them to procure
enforcement thereof.
(k) Insofar as is permitted by the Act an agency or agencies for
the adjustment of differences arising in the relations of employers
and employees concerning employment may be established hereafter
together with rules and procedures governing the activities of such
agency or agencies, by Basic Code Authority with the approval of
the Administrator. In the absence of such agency or in aid thereof,
such agency or agencies as may be established under the Act may
proceed according to law in the adjustment of any such differences.
(1) Basic Code Authority may submit to the Administrator for
review any action taken by it under any provisions of this Code,
and shall do so on request of any Code Authority affected by such
action, and any persons affected may protest to the Administrator
any action of Basic Code Authority or Code Authority, or any rule
or regulation by it established.
(m) If the Administrator shall have reason to believe that any
action of Basic Code Authority or of any Code Authority or Group
Code Authority, or of any agency of any of them, may be violative
of the provisions of this Code or of an applicable Supplemental
Code or unfair, unjust or contrary to public policy, the Adminis-
trator, after having notified and conferred with Basic Code Author-
ity or the Code Authority of such Supplemental Code, or the author-
ized representatives thereof, or after ten (10) days have elapsed
from date of such notification without response from such Code
Authority, may require, by notice, that such action be suspended for
some definite period not exceeding thirty (30) days.
Within fifteen (15) days from the date of such suspension, Basic
Code Authority or the Code Authority of the applicable Supple-
mental Code shall further consider such action and determine (a)
whether or not, it will continue with such action, as not violative of






254


the Code or of the applicable Supplemental Code, or (b) whether
it will proceed with some modified action, and notify the Adminis-
trator of such determination.
If such determination is approved by the Administrator, or is not
by him disapproved within fifteen (15) days thereafter, such deter-
mination shall become effective and such suspension be' automatically
terminated. If the Administrator shall disapprove such determina-
tion within said fifteen (15) days, such action shall be permanently
suspended.
ARTICLE VII-ADDITIONAL SUBDIVISIONS
(a) Upon request of any trade association, organization, or group
of employers representative of machinery or allied products not
specifically defined in Article II hereof, Basic Code Authority may
make application to the Administrator for amendment of this Code
with respect to the definition of the Industry by addition thereto of
a specific definition covering such products and, upon approval by
the Administrator of said amendment the employers concerned
therewith shall become members of the Industry, and shall be or-
ganized by Basic Code Authority into a Subdivision, with a Code
Authority to be created as provided in Article VI hereof. Concur-
rently with application for amendment to definition, such group of
employers concerned therewith shall make application to the Ad-
ministrator for a Supplemental Code as provided in Article I hereof
(applicable solely to such Subdivision and dealing with subjects not
provided for by this Code). Upon approval by the Administrator
such Supplemental Code shall be binding on such Subdivision and
upon each employer therein.
(b) Upon application to the Administrator as hereinafter pro-
vided, made within six months after the effective date hereof, the
definition of the Industry in this Code shall be amended with the
approval of the Administrator, by adding thereto the specific defi-
nitions of the products covered by any of the following codes here-
tofore approved by the President, viz:
Heat Exchange Industry
Compressed Air Industry
Pump Manufacturing Industry
Machine Tool and Forging Machinery Industry
Each such application shall be made jointly by the Code Authority
concerned and by Basic Code Authority and shall request (a) the
inclusion of the employers concerned in such Code as a Subdivision
of this Industry under this Code, and (b) A Supplemental Code
hereunder for such Subdivision. Upon approval by Administrator
of said amendment and of such proposed Supplemental Code, said
employers shall become employers within such Subdivision of this
Industry, and this Code and such Supplemental Code shall become
binding upon such Subdivision and upon each employer therein and
shall supersede the said Code theretofore applicable to such
employers.






255


ARTICLE VIII-M-ODIFICATIONS AND TERMINATION
(a) As provided by Section 10 (b) (of the Act, the President may
from time to tLile cancel or modify any order, approval, license,
rule, or regulate n issued under Title I of the Act.
(b) Any amendments, additions, or revisions of this Code pro-
posed by Basic Code Authority and adopted by the concurring
affirmative vote of employers entitled to cast two-thirds or more of
all the votes that might be cast by all employers entitled to vote
thereon, shall be in full force and effect upon approval by the
Administrator. The eligibility of voters and the method and effect
of such voting shall be in accordance with the provisions of Section
(d) of Article VI hereof.
(c) This Code shall terminate June 16, 1935, or on such date
prior thereto when the Act shall be repealed or the President shall,
by proclamation, or the Congress shall, by joint resolution, direct
that the emergency recognized by section 1 of the Act has ended.

ARTICLE IX--WITHDRAWAL
Upon thirty (30) days' notice to Basic Code Authority and to the
Administrator any Subdivision may. upon the concurring affirma-
tive vote of employers within the 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 Basic Code Authority. The eligibility of voters
and the method and effect of such voting shall be in accordance
with the provisions of Section (g) of Article VI hereoif or with the
provisions of the Slupplemental Code, if any, for the Subdivision
concerned. Thereafter the Supplemental Code for such Subdivi-
sion,-if any, together with the provisions of this Code except. such
portions of Articles I. II. VI, and VII as are not pertinent thereto,
as determined by the Code Authority and the Administrator, shall
become the code governing such former Subdivision and its Code
Authority shall become and be the sole Code Authority and shall
perform all the function.- thereof with respect to such code.
ARTICLE X--ONOPOLIES
Applicant imposes and shall iimplse no inequitable restrictions
on membership therein. The Code presented by it is not designated
to promote monopoly, and shall not be construed or applied so as
to oppress or eliminate small enterprises or discriminate against
them, and is designed to effectuate the policy of the Act.

ARTICLE XI-EFFECTIVE DATE
This Code shall become effective and binding on all persons
engaged in the Industry on the eleventh day after its approval by
the President.
Approved Code NMi. 347.
Registry No. 1399-65.




UNIVERSITY OF FLORIDA
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