The Blue Eagle ( October 15, 1934 )

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Title:
The Blue Eagle
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Newspaper
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English
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United States -- National Recovery Administration
Publisher:
National Recovery Administration ( Washington, D.C )
Publication Date:

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newspaper   ( sobekcm )

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oclc - 16917556
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AA00021018:00019

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Vol' 1, No. 19


lA, 2i234


Issued Weekly by the National Recovery Administration, Washington


Wage Restitutions

Since June 16


Latest Efforts of NRA Compliance
Agencies Result in Further Wage
Return of $788,422; Bringing
Total Restitution to Over
Two Million Dollars

SEfforts of NRA compliance and enforcement
agencies have resulted in restitutilop of $788,-
42 in back wages to workmen between June
10 and September 29, 1934, according to a
survey just completed by the NRA Compliance
Division. This brings to approximately $2,-
000,000 the amount of back-wage restitution
obtained through intervention of administra-
tion agencies since the Recovery Act was
passed.
This sum represents the amount repaid
workers through intervention or NRA's own
agencies, and does not Include the wages re-
stored through efforts of various industries'
Code authorities. It Is the difference between
the amounts actually paid workers as wages
and what should have been paid them under
their Codes.
During the period surveyed, restitution of
back wages was, made through NRA inter-
vention in 8,786 cases, involving 85,148 em-
ployees. The total during the first year
of NRA has been estimated at more than
$1,000,000.
The Compliance Division pointed out that
its figure for restitution of back wages does
not include the amounts of wage increases
brought about under Code clauses providing
for "equitable adjustment of wages above
the minimum." An effort is being made to
collect this Information.
Preliminary statistics from a survey in
Indiana, covering 9 firms in 4 industries,
showed wage increases as high as 45 cents an
hour under the "equitable adjustment'"
classes. These increases affect 211 workers.
In 2 canning plants, 154 employees received
a wage Increase of 74, cents an hour. Other
industries represented in the Indiana sta-
tistlcs were construction, wholesaling, and
Sadvertslaing specialty' manufacturing.


.:Cooperatives Not

Barred as Brokers

New NRA Order Clarifies
Executive Order Affecting
80,000 Organizations

Under terms of an administrative order
recently approved by the National Industrial
Recovery Board, no Code provision may be
Interpreted to prohibit payment of a broker-
age commission to a bona fide cooperative
for services for which brokerage may prop-
erly be paid to any organization or person.
This order was prepared after conferences
With the solicitor of the Department of Agri-
culture and with representatives of coopera-
tives. It is issued to clarify the provisions
of Executive Order No. 6606-A, dated Feb-
ruary 17. 1934, which protected the right of
cooperatives to buy under Codes and to re-
ceive quantity discounts.
The order affects 80,000 cooperatives in the
country. They form an important part of
the business structure, especially In the West.
The text of the order follows:
"On behalf of the President of the United
tales. the National Industrial Recovery
Board, pursuant to authority vested iu it by
2ezutive Order No. 6859 for the purpose of
clarifying the provisions of Executive Order
NO. 6606-A, dated February 17. 1934, and to
efectuate the policies of title I of the Na-
tinal Industrial Recovery Act, does hereby
order that:
Pursuant to Executive Order No. 6606-A,
dated February 17, 1934, no provision of any
Coe of Fair Competition heretofore or here-
afer approved under said title of said act.
shall be so construed or applied as to make
Ia violation of any such Code for any mem-
,er o any Industry to pay or allow a broker-
Sage commission to any bona fide and legiti-
'WRer cooperative organization performing
h,'ices or engaged in functions for which
Other Persons may properly be paid such a
comaision. In determining whether a co-
Perative organization is performing such
tevices and functions no cognizance shall be
tken of the fact that the said cooperative
Sganwzation wllU distribute Its actual earn-
Snga, Whether acquired in the form of broker-
le tcommissions or otherwise, to its members
I the form of Patronage dividends, notwith-
Indi g also the fact that the members who
b due course may receive a part of said
oed rge commission as a -patronage divl-
.d imlay be the purchasers of the product
Iasii rvilewith which the said commission
realized.,


^^SEr"'g 15, 1934'


Resumd of Court
Cases
ISee page 2, column 1I
NRA's .Legal Research Section
has completed a resumO of all cases
decided under the National Indus-
trial Recovery Act and State recov-
ery acts up to and including July
20, 1934.
The dates of publication in the
Blue Eagle and the cases Involved
follow:
Angust 13, Labor Disputes.
August 20, PRA and NLRA.
August 27, Hours and Wages.
September 4, Control of Produc-
tion.
September 10, Trade Practicess
(A) Price Fixipg.
September 17, Trade Practlee.a
(B) Premiums, (C) Labels, (D)
Design, (E) Miscellaneous.
September 24, Jurisdiction an d
Part iea.
October 1, Remedies.
October 8.' State Laws and Code..
(A) Antitrust Laws, (B) Recovery
Acts, (C) Cleaning and Dyeing
Codes.
The section published in this
issue, and to be found on page 2,
column 1, covers P. E. A. (A)
Suits for Back Wages, (A) PRA.
Wage Rates as Reasonable Value
for Services.


Aluminum Code

Is Extended

NinetyDays FurtherTimeGranted
to Complete Investigation of
Complaints Before Making
Code Permanent
The National Recovery Administration has
announced extension of the Aluminum In-
dustry's Code of fair competition for a fur-
ther trial period of 90 days, during which
operation of the pact will be observed ftr-
ther to determine whether its provisions are
working in the public interest.
The Code originally was approved for a
90-day trial period on June 26 of this year:
Under the Administrative Order of that date
an investigation was required to be made
Into "' the past practices of the industry and
any modification of such practices or effect
upon such practices resulting from the pro.
visions of the Code."
The Code extension order dated October 8
recited that in view of this finding "* *
and in view 'of the complaints which have
been fied during said 90-day period, which
complaints hare received due and careful
consideration, that It Is in the public interest
to permit said Code to be put Into effect
for a further period of 90 days, subject, how-
ever, to the right reserved in the National
Industrial Recovery Board to cancel or
modify this order of approval at any time,
and subject to the following conditions:
1 It The investigation heretofore caused to
be made will be continued to completion and
a report made to the National 'Industrial Re-
covery Board at least 10 days prior to the
expiration of said further trial period, in
order that It may determine the extent to
which the Code has operated to protect small
enterprises from any alleged oppression or
discrimination and has aided to effectuate
the policy of title I of the National Indus-
trial Recovery Act.
"2. During said 90-day period the National
Recovery Board will receive and investigate
any complaints of unfair competition In the
sale of fabricated products at prices consti-
tuting unfair competition, or oppressing
small enterprises, or tending toward monop-
oly, or the impairment of Code wages and
working conditions."
The investigation will be continued by the
Division of Research and Planning of NRA.

Wages Studied in Cap

and Hat Industry
The National Industrial Recovery Board
has approved an order creating a special
commission to study labor conditions in the
cap and cloth hat industry, and to report
within 30 days on the east-west wage dif-
ferential established by the Industry's Code.
Members of the commission are: Dr. Paul F.
Brissendeu, professor of economics at Colum-
bia University" Max Mayer. chairman of the
special millinery board and formerly a resi-
'dent industrial adviser of the NRA Industrial
Advisory Board; Wirt A. Gill. of the NRA
Division of Research and Planning.
The Cap and Cloth Hat Industry's Code
as approved June 5, 1934, provided a mini-
mum wage of 55 cents per hour in the eastern
area. for employees engaged in cutting,
blocking, operating, or lining making, and a
minimum of 37re cents an hour for these
employees in the western area of the Industry.


Lumber Code Effects

Control of Allotments

New Amendment Requires Appli-
cants for Allotment Transfers
to Prove That Transfer
is Necessary

The National Industrial Recovery Board
has approved an amendment to the Code for
the lumber and timber products industries
intended to give the Lumber Code Authority
more effective control over the transfer of
production allotments. I
The amendment requires applicants for an
allotment transfer to prove definitely that
the transfer is necessary to prevent undue
hardship in any particular case."
The Board was informed that the amend-
ment was needed "to further restrict the
transfer of production allotments." In some
instances, the Board was told, allotments
have been given too freely and unnecessarll.v
large Inventories have been built up by some
mills despite the production control measures
of the Code.
The amended provision continues the pre-
vious bar against cumulative allotments, and
the requirement that transfers be allowed
only between operations under the same
ownership, in the same division or subdivi-
sion.
Divisional or subdivisional administrative
agencies which grant transfers after need
has been proved must report the transfers
immediately to the Lumber Code Authority
and to the National Recovery Administra-
tion. Transfers are not to be effective until
15 days after authorization and during this
period they may be appealed by any in-
terested party.
The following additional limitations are
placed upon transfers:
No transfer may be authorized for a mill
or factory acquired after approval of the
amendment, until the mill has been operated
for 6 consecutive months by the new owner.
Transfers may be authorized only between
mills which produce substantially the same
species.
No mill's allotment may be transferred to
a mill of lower classification.


Cotton Garment Industry to.


Work Under 36-Hour Week


Executive Order Shortens Hours' Effective December 14
Keeps Wages at Present Level, Increases Piecework Rates
10%: Special Board of Three to Study Competition -:
From Prison and Sheltered Workshops.

President Roosevelt has signed an Executive Order establishing the 36-hiour
work week in the cotton garment manufacturing industry, effective December 1i.
The action was taken on recommendation of a special impartial committee which
had been created under an agreement with the industry that the findings would.
be accepted as final.
Under the order, not only will the work week be shortened from the present
40 hours, but weekly wages will be kept at the present total, and piece rates will%
be increased by 10 percent. ..
In addition the order provides: Authority this order was stayed until Octo {.
1. That a committee of three shall be ap- ber 15 to allow for a new review of the facts.
1. hata cmmiteeof hre shll e p_ The President directed the National I
pointed by the National Industrial Recovery The President directed the National i.
Board to Investigate and report by Decem- dustrial Recovery Board to name a commit-
bet 1, 1934, on thd competition faced by this tee of three neutral persons. The board,'
industry from prison labor and sheltered named Willard E. Hotchkiss, president ofi-
workshopst Armour Institute of Technology, chairman of..-'
2. That the existing Impartial committee NRA's General Code Authority; W. ffett|
of three be'authorized to continue investlga- Lauck, prominent Washington labor at-4
tion and to report by November 15 on the torney; and Donald M. Nelson, official 0o
protests of the sheep-lined and leather gar- Sears, Roebuck & Co., a member of NRA's
meant subdivision of the cotton garment in- Industrial Advisory Board. .
dustry; and This committee's report and recommenda-'..!
8. That the Recovery Board, on or before tions signed by all three, were approved andae
January 15, 1935, report to the President on adopted In full by the President's Order.
the operation of provisions in the Cotton The reason for making the order effective,|
Garment Code which govern the granting of on December 1 was that this would give the
exceptions and exemptions. The latter was industry time to prepare for the change and',
based exception and recommendations. of the lacommitter we would not break into the middle of its fall,
based on a recommendation of the committee
that exemptions should be allowed sparingly production schedule. .
that exemptions should be allowed sparingly Furthermore, the committee pointed out,"I
and only for good cause since "anything re- Increaseof the piece rates would equre,
sembling wholesale exemptions would under- estcreabshment by the Codpece Authority of maes o require'.'
mine the Code and the splendid enforcement eablchinery for the iCling of these Authores.y of m-,
results which the Code Authority, as now set The committee expressed the opinion te at. ,
up, is accomplishing." 'e teicr ittee expressed the opinion that.;
The Executive Order grew out of a provl- the increase in labor costs would not cause.
sion in this Code requiring that a study be any great ,increase in the price of merchant -
made of Its labor provisions in operation. dise, but that this probably would amount
Hearings were conducted in June at the in-- -to no more than a 5-cent Jump in the cost of
stance of two competitive industries, dress a Short-cening the work hours was deemed. .- :
manufacturing and the men's clothing indus. s desirable by the committee inview'
try. They resulted in approval by the Presi- especially o tte I '0
dent on August 21 of an order immediately of the fact that competing industries, suci..-
shortening the work week to 36 hours. On as dress and men's clothing manufacturers,
representations of the Cotton Garment Code are already on the 36-hour week with gen


era^J IY C ni newage sclesC. ;,?
The Code Authority of the cotton garment ;
industry was commended for "'earnest and",'
well directed effort" at enforcement of labor-.
provisions of its Code.

The Executive Order Follows
EXECUTIVE ORDER :
Concerning amendments to the Code of Fair:
Competition for the cotton garment In-.:
dustry approved by Executive Order No.'-
6828, August 21, 1934.
Whereas Executive Order No. 6828, dated. :
August 21, 1934, approved certain amend-".,.
ments to the Code of Fair Competition for':
the Cotton Garment Industry, Including -:15
amendments. to articles III and IV thereof,-:^
which latter amendments by their terms were,.1
not to become effective until October 1, 1934, '.;
and .,
Whereas Executive Order No. 6861, dated'-:..
September 28, 1934, stayed the effective date :a
of said amendments to articles II and IV7:
(Continued on page 6, column 4) '


New Code Groupings .
Chart Distributing
Division
tS
The National Recovery Adminis-
tratlon is realining its Code group-
ings to conform to a new fundamen-
tal classification of all industries
and trades. To give those inter-
ested a complete picture of this
plan, the Blue Eagle will publish
charts showing the relatidnahip of
one industry to another.
The following charts have been
lirinted:
August 27, Textile Division.
September 4, Chemicals Division.
September 10, Public Service Dl-
vision.
September 17, Basic Materials Dl-
vision.
September 24. Manufacturing and
Equipment Division.
October 1, Construction Diivision.
October 8, Distrlbuttnig Division. .


I ~-


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....-. . "i


sum6e Court


3Cases

referred to in box on page 1, col. 2)

he following r6sume covers cases
living (A) uits for Back Wages,
);PRA Wage Rates as Reasonable
fe for Service.
PRESIDENT'S REEMPLOYMENT
AGREEMENT.
4.SUITS FOR BACK WAGES.
'J. BEATON v. AVONDALE, Dist. Ct.,
2d Jud. Dist, Colo., Oct. 25, 1933.
S (McDonough, J.)
S When an employer signs the Presi-
S dent's Reemployment Agreement he
does so for the benefit of his em-
ployees, and if he thereafter fails
to pay the wages called for therein,
they may maintain an action against
him In their own names for the dif-
1ference between what they were
S paid and whnt they should have
been paid under the agreement.
2. CHIPA v. REGAS, J.P. Ct., Tuscon,
Ariz., Nov. 24, 1933. (Budlong, J.)
'... When an employer displays the Blue
S Eagle he gives notice to the public
that he is paying PRA wages. An
.. employee who receives less is entitled
Sto recover the difference. (No
written opinion.)
83. BETHEL v. KARRAS, C.P. Ct., De-
troit, Mich.,. Nov. 1933. (Liddy, J.)
Where an employer signs the PRA
and later fails to pay the minimum
wages provided therein the employee
may sue and recover from him in a
contract action.
4. GODKIN v. JETT, Mun. Ct., Hot
Springs, Ark., 1933. (Ledgerwood,
3.)
S In a suit for back wages under the
PRA, it was held that the plaintiff
.. had received the full amount due
him under his contract with defend-
ant and under the PRA. (No writ-
ten- opinion.)
B. 5. BROWN v. HUNTER, City Ct.,
Wichita, Kans., 1933.
An employee was permitted to re-
cover wages under the PRA. (No
S written opinion.)
r 6. WILLIAMS v. RIENZE VALET CO.,
Mun. Ct., Chicago, Ill., 1933.
(Casey, J.)
The plaintiff, an employee, was en-
titled to recover back wages under
... the PRA on the ground that he was
S a third-parti beneficiary of a valid
contract entered into between the
defendant employer-and the Presi-
dent of the United States. (No
written opinion.)
7. BROWN v. WEST SIDE COAL CO.,
-. City Ct., Wichita, Kans, Jan. 18,
1934. (Hammers, J.)
An employee whose wages were re-
duced to the minimum allowed by
17 the President's Reemployment Agree-
me n: was allowed to recover the
difference between the present wage
and what he received before the
agreement became effective. The
agreement provides that wages
must not be reduced. (No written
opinion.)"
8. TEDFORD v. TAYLOR, J.P. Ct.,
Kansas City, Mo., Jan. 1934. (Dor-
' see, J.P.)
.' In a suIlt for back wages under the
SPresident's Reemployment Agree-
S Pent it was held that the receipt
*4 and display of the Blue Eagle by de-
fendant employer constituted a valid
Contract between defendant and the
Government; that the employee, as
a third-party beneficiary, might re-
.- cover on the contract, and that de-
S feudant, having demanded and re-
ceived a Blue Eagle, could not later
deny its effectiveness as consldera-
tion.
9. GRELECK v. AMSTERDAM,,Mun.
Ct. of Phil., Pa., Jan. Tm., 1934, No.
1,105. (Knowles; J.)
A waitress suing her employer for
back wages alleged to be due under
the President's Reemployment Agree-
ment Is entitled to recover, even
though not a party to the agree-
tant, as she Is a donee beneficiary,,
The fact that she was in defend-
ant's employ at the time the agree-
ment was entered into. and there-
Thenfat that shterwas into adtefen-
S fore gave no consideration, Is no de-
fense to the action, for it is settled
S that no consideration need move
from the beneficiary to the promisor.
10. PARLO v. HILTON ET AL., J.P. Ct.,
Mecklenburg Co., N.C., Feb. 19,
1934. (Smith, J.P.)
T Under the terms of the President's
Reemployment Agreement providing
for time and one-third overtime, an
employee who worked overtime with-
out receiving additional pay-Is en-
titled to recover from his employer
the difference between what he was
actually paid and what he should
have received under the Blanket
Code.
(Continued on paae 3, coltum 4)


SCHEDULE OF CODE HEARINGS, OCTOBER 15-26



Important Information Concerning Notices of Hearings and Opportunity to be Heard A


Hearings are of two types: (1) Oral hearings, designated
"hearing" on calendar; and (2) opportunityy to be heard" by
the filing of writen statements of fact, briefs, or criticisms
dealing with the subject matter of such notice.
The subject matter of these notices is abbreviated In the
schedule published below. A complete official copy of any
notice may be obtained on request from the Natioual Recovery
Administration, Room 3316, Department of Commerce Building,
Washington, D. 0.
HEARINGS (oral) : Those wishing to be heard must file a
written request with the proper Deputy Administrator at least
24 hours before the date set for the hearing, which request
must state: (1) Nnme of industry and date of bearing; (2)
names of persons wishing to testify and groups represented;
(31 definite alternative proposal or specific objections, without
argument. Hearings are confined to factual presentations.
Written briefs containing argument as well as fact may be
filed.
OPPORTUNITY TO BE HEARD (In writing): Facts, criti-
cisms, objections, or suggestions concerning the subject mattter


iNDUSrRY OR TRADE


Monday, October 16,193403


Fabricated Metal Products Manufacturine and
Metal Finilhing end Metal (omtine Industry
(Meiil Spinning and Stamping Manufactiir-
Ing Subdlvisionl. t31T-2.
Fabricated Meital Product' Manuracturinc and
Metal Finishing and Metal Coating Industry
(Railway RBrake Beam Manlufacturers' 6ub-
divisioni. 84-60.
Funeral Supply Industry, 90-10--- ----..........-
Print Roller and Print Block MIanufacturing
Industry, -4;0-A.
SEtrucLtural Clay Producta Industry, 12J-1I .....


PLACE


Room 1851. Department
of Commerce, 10a. m.


of such notices must be submitted on or before the final dat ':
specified In the notice, addressed to the proper Deputy Adinii.1
trator or other official indicated. Such communications msat.'':
state: (1) Name of industry; (2) name of correspondent ad".
group represented; (3) facts supporting criticisms, objectionA
or suggestions.
The subject matter referred to In either type bf notice may
be revised In any reasonably germane particular on the basis
of such facts, criticisms, and other considerations as are prop.
early before the Administrator.
Calendar Is chronological, with alphabetical arrangement by
trade or industry for each day.
NOTE: Since all notices must be In the printer's hands by
Wednesday evening next preceding the publication of The Blue
Eagle, the calendar below does not show notices posted on the
Official Bulletin Board after that date, nor does this calendar
show other hearings for the same dates which may have
appeared In prior Issues of this publication. "


DErn r AnDMnsl-
TRATOu


H. Ferrls WhiLe-...


Room 509, 1518 K Street H. Ferris White....
NW.

Room 610,'1518 K Street H. Ferris White.....
NW. I


Room '2052, Department
of Commerce, 10 a. m.
Room 3321. Department
of Commerce.


Neal W. Foster......

W.A.Jlanssen....


Textile Print Roller Engraving Industry, 321-17. 1518 9K Street NW-...... Neal W. Foster.....-


PBOFOSED ACTION


Hearing on appendix proposed by National Metal Spinners' Associlation to
establish additional trade-practice provisions for the Metal pinning anid
Stamping Manufacturing Subdivision, pursuant to anrt. IV, sec. 4, of Code.
Opportunity to be heard on appendix proposed by Railway Brake Beam
Manufacturing Association to establish addl:ional trade-practice provision]
for the Rfilway Brake Beam Manufacturing Subdivision, pursuant to it.
IV. sec 1. of Code.
Opportunity to be heard on application of Code Authority for approval of
methods of cost finding and accounting adopted under art. VIII, sec. 2, of
Code.
Hearing on amendment proposed by Code Authority to delete entire Brm
paragraph of art. Ii and in lieu thereof insert paragraph suggested in schedlte
A or proposed amendment, redefining this Industry.
Opportunity to be heard on budget and basis of contribution proposed by
Code Authority for National Code Authority and all branches, covering
period from Dec. 7, 1933. to June 30, 1934. Also on applications of Cosd
Authority for termination of exemption provided In par. IL of Admlonlstra-
tive Order No. X-36. Also on Code amendment to authorize mandatory
Ba&sesaqmenr of member.
Opportunity to be heard on minimum wage scale for journeymen, appren.
tices. and learners as proposed by the Joint Industrial Relations Board for
this industry.


Tuesday, October 16, 1934
Blouse and Skirl Manufacturing Industry, Room 4211. Department Dean 0. Edwards---. Opportunity to be heard on budget and basis of contribution proposed by
194-fl, or Commerce. Code Authority for period from January 1.,1934, to December 31. 1934. 'lTos
budget $70.882 04. BaIs of contribution, Bale of labels, S3.50 per 1,000 oil
blouse, and skirts $24 or less per dozen, and $6 per t,000I where over 32I
per dozen wholesale.
oat and Suit Industry, 5-13- ..------------ Ronm4211. Department Dean G. Edwards._ Opportunity to be heard on application of Code Authority to approve
of Commerce. budget and basis of contribution by members of the industry, for period
from July I, 1934, to December 31, 1934. ToLarl budget h299,562. Basis l
contribution, label sales at 2 cents per label in eastern area and 3 cents per
Label in western area.
Dowel Pin NIanufacturing Industry, 440-L-..-. 007StixteenthStret NW. A. 0. Dixon.___-. Opportunity to be heard on approval of nnfform system of cost finding
proposed by Code Authority.
Excelsior and Excelsior Products industry, g00Sixteenth street NW. A.C. Dion___.... Opportunity to be heard on approval of uniform system of cost finding
14-14 ___________________ ______ proposed by Code Authority.
Wednesday, October 17, 1934
Antifriction Bearing Industry, 138-1l. ..... .Room 4023, Department Dexter A. 'utel_-....- Hearing on application of Code Authority to amend Code so as to autlhorlie
of Commerce mandatory assessment of members. I
Blune Crab Industry (Division of Fishery In- Room 1119, Investment R. S. Hollngshead..--- Opportunity to be heard on amendments to supplementary Code prom
dustyy, 308 E- 1. Building, posed by Enerurive Committee to authorize mandatory assessment of mem-
ber on equitable basis, and Increase of assessment rate when necessary,
subject to approval of Administrator.
Corset and Brassiere Industry, 7-12-........ Room 421 t, Department Dean 0. Edwards-- Opportunity to be heard on amendments proposed by Code Authority to
of Commerce. provide manner of selection and to authorize Incorporation of Code At-
thority.
Hand Bag Frame Manufacturing Industry, 84 Room it11, 1518 K Street H. Ferris White-_ Opportunity to be heard on application of Code Authority for approval of -
8---6. NW. budget and basis of contribution for period from August 11, 1934, to June I
1935; also on application for terminationolof exemption conferred in par. Wi
of Administrative Order No. X-34. Total budget, S11,287.18. Basis ooesn
tribution, one-half f I percent of net sales.
Radio Broadcasting Industry, 129-9-......- Room 4217, Department Win. P. Farusworth- Opportunity to be heard on application of radio station WHDF, Calnmet,
of Commerce. t Mich., for exemption from provisions of art. i1r, art. IV, art. V, sec. b a.
VI, sec. 10 (f) and Ig) and art. VII orf Code (relating to hours, wages, work-
SaIng conditions administration, and trade practices).
Wool Felt Manufacturing Industry, 143-9-.... Room 30-2, Department A. Henry Thurston... Opportunity ito be beard on application of Code Authority to approval
of Commerce. budget and basis of contribution, for period from July 1, 1934. to May31
1935;: aLo application for termination of exemption conferred in par. L1W el
Administrative Order No. S-36, dated May 26, 1934. Total budget, $12,500
Basis of contribution, pro rata on number of employees as of first week Is
_________________ ______________ _____________ December 1933, but In no case over $8 per employee.
Thursday, October 18, 1934
Bristol Board Division of Paper and Pulp In- Room 209 National Sav- David H. Tulley... Opportunity to be heard on applicato of Eecutive Authority orapprvel.
dustry 120-27. oings and Trust Build- of budget and basis of contribution for expense of administering Code iFr
Lag. period from February 1, 1934. to January 31, 1935. Total budget $12.71.
Basis of contribution, assessments prorated on basis of net sales 0(1931. Rht
of assessment 0 202S percent per annum for regular budget, 0.0643 pescetfll'
special grading expenses and 10 cents per $1,1uo neat 1933 sales for paper indlads.'
try authority assessment of this division.
Crushed Stone, Sand and Gravel, and Slag Room 3323. Department W. A. Janasen-...... Opportunity to be beard on application of district committee through
Industries 109-43. of Commerce. Code Authority for uniform terms of sale and uniform credit practices for
Region No. 7 districts nos. 1,2.3,6, 7, and 8. covering toe StatesofTeisa std
Arkansas and the northern section of Louisiana.
Curled Hair Manufacturing Industry and Room3l24 Department VictorSadd-- ---..- Opportunity to be heard oa application of Code Authority for approveli
Horse Hair Dressing Industry, 4127-3. of Commerce. budget and basis of contribution by members of industry for period iroft
June I 1934 to May 31 19t5. Total budget S2.8,0. Bais? ofcontribution,
one-third of I percent of net dollar sales value during period from Jtll I,
1933, to June 30, 1931
Expanding and Specialty Paper Products In- Room 209 NatIonal aev- David H. Tulley_-. Opportunity to be heard on application of Code Authority for modlicartlki
dustry, 369-5. mrs and Trust Build- of Code so as to permit mandatory assessment of members to support ad-
tIng ministration of Code.
Mason Contractors Industry, 244--0-10 ... Room 014, Albee Build- R. N. Campbell.... Opportunity to be hbbard on application of Code Authority for approval Of
Ing. budget and basis of contribution for additional consecutive 3 months' period
ending December 31. 1q34. Total amount $160.00. Basis of cobtribtion,
no aisessments on contracts less than $100 In value. All contracts meretlNa
S10 but less than 15300 shall be assessed S1 each; contracts more tita
Sis but less than S1.000O shall be assessed $2 each: all contracts of t01.0001
more shall be assessed at bthe tate of $2.50 per $1,000 or reaction thereof t1
contract value.
Meo's Clothing Industry, 10-----------..........----... Room 2i62. Department Dean 0. Edwards_.. B Hearing on application filed by William Bradford Co., Davenport, lowflo
of Commc'mco. at 10 exemption from provisionsof art. IV of the Code 'relating to hoursandoeer
a. m time.
Mica industry, 26P-B.- -.- ....--- ..... Room 3121, Depirtment W. A. Janssen-........ Bearing on application of National Code Authority for amendment of C0od
of Commerce, IU am. as to filing of prices and otherwise.
Painting, Paperhangitg, and Decorating In. Chamber of Commerce. F. W. McCullongh. Hearing and opportunity to be heard on application of certain groups1t'
dustry, 24-4-B-16. IallI Market, Audllio- State NRA Compll- approval of proposed agreement establishing standards of hours of laior,
rium Buill.ing.Wheel- once Director, Cnar- rates of pay, etc., under art. li, sec. I of the Construction industry Coode
Ing, W. Va., 10 a. m. lusion, W. Va. and sec. 7 (b) of the National Industrial Recovery Act, in the region of Wbl-:
Ing, W. Va., and viciniy.
Toll Bridge Industry, 131- - .......... Roamriu301.Department 0. P. Clark ..........- Opportunity to be heard on application of Code Authority for approtvalt
of Commerce. budget and basis of contribution for period from August 9, 19,14, to Aug'
9, '19l,. Total budget for said period $15,000. Basis of contribution, '."0 5
per $1,000 on gross toll collections of members for calendar year I93'l. U
on application for termina tion of exempnon conferred in paragraph I1, O
Administrative Order X-36, dated May 26, 1934 and on arpfleslo t0'
modification of provi.tions of Code to as to permit mandatory assessmeiral
~____~___________________________ ________ ~members.
Friday, October 19, 1934
Electrical Contracting Industry, 2.H4 F-12--.... 3rd floor of Hollnden State NRA, Compll- Hearing and opportunity to be heard on application of certain roopst
Hotel, Cleveland, are Director, aot approval of proposed agreementestabLsLhingstandardsof hours of ior,rs
Oblo, at 10 a.m. Bulkley Building, of pay, etc., under art. ill, sec. I of the Code, and sec 7 ( ) of the Natlow
Cleveland, Ohio. Industrial Recovery Act, for city and metropolItan district of ClesW'
Ohio.
Lumber and Timber Products industres,9-138- Room 201 90. 16th A. 0. Dinon-___. Opportunity to be heard on application of Code Authority for revisnln
Iticet NW. prices published in Lumber Code Authority Bulletin. vol. D, no. 25, p01:
so as to mato heading line read, "Export Grade 85j Percent Base D1s50i00
Motor Bus industry, 64-0 ........... Sun Parlor of Washisng. 0. P. Clark-_.. ... Hearing on ooJections to and reasonableness of minimum rates, fs, d;
ton Hotel, 10a. m. charges between Chicaco and New York. and New York and WashdugW;
D C, and intermedIate points, as determined by the Code Authoriy-11-:;
suant to hearing held June 7.1934, which rates bcameeclve Sept
1931









THEDULE OF CODE HEARINGS, OCT0


1OBER 15-26-Continued Rdsum Con


e DIUBTY On TRADE

S Saturday, October 20, 1934

Cepand Cloth Hat Industry, 457-10-.....


PLACE



Room 4213, Department
of Commerce.


DEPUTY ADMneS-
THATOa


Dean 0. Edwards_.


rbiding-Wheel Industry, 170-12-..---------- Room 4327, Department Beverly Ober-.....
buiof l n Commerce.
Tndwatral Alcohol Industry, 275 C-3----- Room 4109, Department Ovid E. Roberts, Jr-
of Commerce.


paper Disk Milk Bottle Cap industry, 246-"..--

pto-ESgravin8v Industry, 180-25-.- --.....-


Room 20(i, National Sav-
Ings and Trust Build-
tog.
Room 40B4, Department
of Commerce.


David H. Tulley.

Payson Irwin_.......


po.Engravng Industry, 180-26-......---- Room 0.14, Department Payson Irwin
Sof Commerce. PI


- .....-- ......................--------- Room 40,4, Department Payson Irwn....
of Commerce.




i--.. ----------- ------- -- Room40M, Department Payson Irwin_--_-.
of Commerce.




Rota Monument Industry, 366-1.---......---- City Club Buiding, Frank A. Hecht_
13"0 9 Street NW.


gew Macbhine Products Manufacturing In-
ot.stry, 84-R-13.
Trade LIthographlc Plate-Making Industry,
287-2.0.


Monday, October 22, 1934
Esiess F'rniture., Storave Equipment and
Filing Supply Industry, 88-20.
aeimqne Thbeatlrical Industry, 348-....--.


Room 502, 1518 K Street H. Ferrb Wbhite-.. ...
NW.
Room I4062. Department M. D.Walshb ......
of Commerce.


11I1A lu.....


Room 401, 1518 E W.L. Sehnrz..
Street NW.
Raleigh Hotel 10 a. m... E. E. McClesh.....


Couenstar Type fee Cream Freezer Industry, Room 3075, Depart- Neal W. Voster__
41.8-. ment of Commerce.


Mason Contracting Industry, 244 0-11,68 G-I Statler Hotl,. St. Louis,
Mo., at 10a. m.


Motor Bus Industry, 68-13.... Room 320-, Depart-
ment of Commerce.


Plumbtng Contracting Industry, 244 1-12....


Buffalo Catering Co.
Auditorium S21 Wash-
ington St., Buffalo,
N. Y., 10 a. m.


Pyteeahnlo Manufacturing Industry, 148-5.-- Room 4625, Depart-
ment of Commerce.


Robert E. Ryland,
State NRA Com-
pliance Director, 50'4
Olive Street, St.
Louis, Mo.
C. P. Clark.........


Fred H. Reyburn. Ex-
ecutive Assistant.
State NRA Coinm-
Wliance Director,
bite BulldlDg. 299
Main Street, Bur-
falo. N. Y.
OvidE. Roberts......


Retail Trad, 60-211... --------------- City Cluh Building, Harry 0. OCarr........
13200 Street NW. I


Reck end Slag Wool Manufacturing Industry, Room 4327. Depart-
321-12. meat of Commerce.


Tuesday, October 23, 1934
Brlesqone Theatrical Industry, 348-8.--------

1Oeh Reel Industry, 289-C-...................


Beverly Ober...


- 111 U WIINU I Ii""I-


Room 4217, Department
of Commerce.
Room 209. National Sav-
intogs and Trust Bldg.


Wm. P. F&rnswortLh--.

David H. TuIlley...-


rattbeaware Manufacturing Industry, 322-18... Room4327, Department Beverly Ober-.......
of Commerce.



ldr lndsty, 20-. .... ........ Room 3323, Department W. A.Janssen..----
of Commerce.


Hog Ringand Ringer Manufacturlng Industry, Room 611, 1518 K Street
81-Ft-6. NW.


H. Ferrh White.....


Merhiadise Warehousing Trade, 232-11--- Rooml3OB, Department 0. P. Clark-----.
of Commerce. I


Painting, Paperhaning and Decorating In- I Hotel Statler, Buffalo,
dusy., 244B-17,. 68 K.I N.Y., O.00 a. m.


Fred H. Rayburn,
Eecutliva Assi't-
ant, State NRA
Compliance Direc-
tor. 28 Maint St,
Buflalo, N. Y.


104i Drug Trade, 60-41 D._ Small Ball Room, Ra- --------------
leigh Hotel, 10.00 a m.


PROPOSED ACTION


Opportunity to be heard on application of Code Authority for approval of
Code amendment to provide that no member of the industry shall allow any
discount In excess of7 percent 10 days E. 0. MA."
Opportunity to be heard rn application of Code Authority for amendment
of labor and trade practice provisitons of Code. See notice.
Opportunity to be heard on application of Code Authbority for approval of
budget and basis of contribution for period from September 1. 1934 to June 1O,
1935. Total budget. $3.,0,30 Basis of assessment, SO 000 per gallon. Also.,
on application for termination of exemption conferred In paragraph I1 of
Administrative Order No. X-3ii, dated May-2', 1934.
Opportunity to be heard on application of Code Authority for modification
or Code, see. 6. art. X, relating to governing prices from which discounts are
allowable to jobbers.
Opportunity to be heard on application of Code Authority for approval of
hudcet and brsis ofcontributfon for period from January I, 1914 to December
31, 10314 Total udgEt. 13.44-S. Da-is of contribution (eicluslee of amount
requested by National Code Authority), one-hall of I percent groms sal-s,
payable monthly.
Opportunity to he heard on application of Code Authority for approve' of
budget and basis of contribution for Third Dtstrirt CoderI Administrative
Aprency covering establishments within areas of Philadelphia, Easton, Lan-
ca't.r, York. EIHarri.sbure, Reading., Scranton. Wilkes-Barre, Allentown,
Bethlehem. Wlln-m'port, Trenton. Camd-eo. Wilmin'-ton, for period from
January 1. 1934. to D1-eembhir 31. 1134. Total budget O$10.0o Asses;ment,
exclusive of amount reque-ted by National Code Authority, is one-third of
I pe-rce-nt p.?r annumr of gross scale value of products sold for each etLablish-
ment. pertyOl, monthly.
Opportunity to be heard on application of Code Authority for approval of
budget and haisal of contrihittion for ,i;lfrth Dhitrict Code AdtIfimntratlve
Arenc,. coeerln7 all -stablishments located within the Stale of Wisconsin
for period from January 1. t1934, to December 31. 1934. Total builcc-t $1.952.
Basis of contribution, elusive of amount requested by National Code
Authorily, Is onenfith of I percent per annum ofrross scale value of products
sold for each establishment, pavablemnonthly.
Opportunity to be heard on application of Code Authority for approval of
bulcet and basis ol contrinuiton for First Dittrict Code Adm InLstrative
A,-ency coverin- all establishments located within the State of Maine, New
Hampshire. Vermont, MfassachuseicL. Rhode Island, and Connecticut, for
perlo.- from January 1, 193!, to December 31, 193J4 Total bud-e S6,M0SO
BasIs of contribution. esclusice of amount requested by National Code
Authority, is one-fifth of I percent per annum of ross scale value of products
sold for eabch establishment, payable monthly
Opportunity Io be heard on application of Code Authority for termination
of exemption conferred in pararaph I1i of Admin'istrative Order No. X-36,
so as to permJt assessment of all members notwrithstanding their principal
business may be in anojhb.r Industry.
Opportunity to be heard on application of supplementary Code Authohty
for an amendment of art V. ;, ec. 1, par. H of supplementary Code, relating to
ac'eptloc contract for unsoecilfied quaniiry.
Opportunity to be heard on application of Code Authority. for approval of
uniform sales contract form, as heretofore adopted by National Code
Auitiy,.til


Opportunity to be heard on application of National Emervencv Committee
for termination or exemption conferred in paragraph nl of AdminLratilve
Order No. X-39. dated May 26,, 1134.
Hearing on application of Code Authority for modification of Code to permit
mandatory assessment of members, and on budget and basis of cOntriburion
for period from June Il, 1931, to June 16, li1935. Total of proposed budget
for period 121.400. Assessment based on membership, and each theater
playing Burlesque is ro.-arded as a member of toe Industry Each theater
o be assessed at rate of So10 a week for each week In actual operation. No
theater to pay In excess of $400 per annum.
Opportunity to be heard on application of Code Authority for approvrli of
budcpt and basis of contribution for period from June 8. 1934, to June 8, 1935.
Total budget 2, .No. Basis of assessment one-quarter ofl 1 percent ofr ersti-
mated net annual sales Also on application for termination of exemption
conferred In Paracraph UI of Administratire Order No X-36.
Hearing and opportunity to be heard on application of certain groups for
approval of prop.,;ed are,'nment establishing standardS of hours of labor,
rates of pay and other conditions of employment under art 1I. sec. I of the
Code for the Con-truction Industry, s-c. 711) of the National Laindustrial
Recovery Act: for region of metropolitan St Louts, Mo.
Opportunity to be heard on appliceiion of Code Authority for a pprovel of
budget and basis of contribution for period from January 1, |1034, to December
31, 1014. Total budget t3.061 636 Basis of assessment 0.00064 percent or
gross receipts of members who have assented Io the Code Authority, for the
12-month period ending June 30, 1Q33.
Hearing and opportunity to be heard on agreement proposed by certain
groups to establish standards ol hours of labor rated of pay end other condi-
tions of employment under art. 111I, sec. I of Code and sec. 7(b) of National
Induscrial Recovery Act in the region o[ Buaffalo, N. Y., and vicinity.


Opportunity to be heard on application of Code Authbority for modlflcation
of Code so as to permit mandatory asse'smenr of members; on budget and .
basis of contribution; and on application for termination of exemption con-
ferred in paragraph III of Administrative Order No. X-36. Budget.
$12.93f' 7.1; bails of contribution. 0 5i percent based ,n 1033 gro's sales.
Opportunity to be heard on apoilcation of Code Authority for approval of
budget and baslsof:ontribution fur period irom November 1.,1931, to October
31. 193 Total budget 9li949,Ri0. Basis of assessment for second code year
should be I$1. no more. no less, per employee for the period of the next code
year. or such portion thereof as the code is administered, provided IL cents of
same holdd accrue to the National Retail Code Authority. Ine for its
expen'es, instoad of 2? cents whien accrued to it during the first code year.
Opportunity toi he heard on aprplicriton of Code Authoriry (or apprrorv,,l of
oudge&t anil basis of contrihution !or period from August 1, 1934. to December
31, a i Total budget f7.u-,; I5 Ai.,eafsmi-nl to he based apon the dollar
volume sale.' of members ol moe Industry during thbe semiannual period iist
proceeding the period for when the asse.;sment Ei ton o made, and srtiill be
oppro'iimMpely one hli of 1 percent, payable quarterly: end is projected as
follows' One hall of 1 percent of $1l.itf,61 30 (drnt 6 months of 11311 Also
on apDlication for termination ol exemption conferred in paragrapb Ili of
Administrative Order No. X-36, so as to permit a-essmenl ol all me-mbers
n.i,-rihTiandLni their princaip business; may be In another industry. ,


Opportunity to be heard on application of Eing Amusement Co., of Derroit,
MIlch for esemptlolo Irom provision of art. ILI, s.,s I, 2, 6, and 'of Code,
relatine t comp,'n'atiUn of pcrlorm-r:r..
Opportluntlry to be heard o.n application of Code Authority for amendme-nt of
Coue so a. to permiil a .s:menIt of me.mbc-rs ofrtne mindu.try for the e. at -lish-
merit ofa budget to be uc.o in the admumi;tration ofthe Code. alo on applica-
Lion of Code Authboriry forrei-mption cooferre in paraugraph Ili of Arminis
Erative Order No X-l3s, that all mcmtL,-r' may O aiase.;Ed no)twibstanding
their principal business may be In ennitr.er Industry.
Opportunity to be heard on appliatiun ol Code Authority for amendment
of Code by delt.tn- art. II, sec. 2' and Inasertlo sen 2 wilch will prorirle
ihb- term Earh ureawate Manufrturln Iiolu.otry'" hall minon the manufac-
ture of clay produ, t, ma.le from natural clays without ddltiorisor from mis-
tlureofrerDed clays 6ltn or wiflout flutes, -lazed or uni la:ea. plain orem-
bosred, (iecurateil or undeCurated. harlaoi vtilue i isteoneware, earthenware,
kitchen and cooklir crockery, and clay flower pots.
Opportunity to be heard nou appllc.tion cf Code \uth.-rity for termination
o esomptlon con.D-ire d in piratvrph fi of A.dmini.n;rrltlve Order No. X-3,,
so asI to p3rmlt sa e;,sm'-nt of all mnemoers towitanstdirB their principal
busines-.- may be In another idiluiry.
Opportunity to be heard on oppUcitir.n of Supplementary Code Authority
for amendment of Supplementiry Cooe to authorize mandatory assessment
of memibems to support e\i'peoe of admninitierlnt Code.
Opportunity to lie heard on applicat oil of Code Authorilty for the wool trade
for esmptlino of trie ic-nmherl o- the wool trade from provLslons of Code lor
Marcarialiae Varenou-iea Trade.
Hearing and Opportunity to be Heard on application of certain Troups
for approval of propo-ed a-:r-e--mEnt tsitabll.ini aL&ndara' of houws of labor
rat,-s of pav and otner cooditions of umploe-me-t under art 11, 1 .ec I of utoo
ConstructiOn Indu-tir Code aod see 7(b) of the National Indu:trial Re-
covtrv A ret, for rteion of Erie Count). including City of North Tonawanda
in Niaarai Countv, and villages of Oowaonla and PerryAburg in Cattaraungus
County, State of New York.
Hearlng on application of Code Authority for modification of Schoduo A. by
permfitLnig retailers to sell drug merilhandLoe whih is1 nihly perijnatle and
mui- -e s old to forestall los, imperfect or damacd mroircnandisc, or drug
mc-rchan.lise which has boeen .iucninued by rhe proourer, at less than the
nrie 13pcirc"d in see\'I *-f Schnedule A. provided such mercnandu.e- i_ aiecr-
Lsed mararki-d and ;old a .'uch. R-t.nlcr mu;! report suci .'ale to the lord
or metropo'litan druc c.)de ,iulhority within 4S noujr aftir b.inniog orsal.
[ ring comprltla .-n.il- co:r-rning daeir of purchh,:- of the stork Ito be sold,
amount cl suith sintK on hand ar bei-eionoinc of -ale. 'ale price and other infor-
motic.n required by the- Not.inBal Ri til Dnir Code Authorivty. Also. in the
event of complete or final hin.l ilution of hi- oan businmos.. the retaler may
sell at les than the pri s .pc cl In elC VI[ of Schedule A. if properly ade-r-
ti-ed, marked and s-Id a .iocn. drug mer:chande sol.l on contract to public
earrjtr-. dpartment- ofr tbe Ouvernmcnt, ho;piltal. sclocl or colleges, cJu'..
hotels and other in-tilutilni. but not to 05 rrs,.old or redislribuild to iodi-
viduaIl;. and druc m-. rchanJise sold or donated for bona fide charitable pur-
pous-s or to untmplosm,-rit r-ul ua ernri-es. anrJ drues, meidltmncs or drug
sundrie. sold toin phs-i'ian-'. nur-es s, -cntLs., velerifarians or hospitals
Budget an-I asei.me:nt wvill not ..I oin-ldidted at this heariyp.


(Continued on page 4)


I


Cases I

(Continued from page 2)
11. THOMPSON v. COHEN, Ma. Ct
Greensboro, N.C., Feb. 16, 1934.-
(Powell, J.)
The difference between the wagel
actually paid to a worker and.te
amount prescribed by the Pre
delnt's Reemployment Agreement
signed voluntarily by the employer
Is recoverable by the employee,'aa
he is a third-party beneficiary of thbe
contract made between the Prei-'.
dent and the employer. The buy
den of establishing an estoppel due,
to the employee's acceptance of less'
than the minimum wage was hellf1
not met by the employer.
12. CROWSON v. ALLEY ET AL, JP,.
Ct., Precinct No. I, Dallas, Te&
Feb. 20, 1934. (Baldwin, J.P.)t
When a partnership conducting:
pharmacy signs the Presidents e
employment Agreement, promlsin|
to pay a minimum salary of $14"5
per week, with time and a thIri
compensation for overtime, an e
ployee who works overtime Is a..
titled to the additional rate ?o
compensation and may maintainaaI
action therefore in his own name;.
13. TRACY v. STUREK, Mun.
Omaha, Nebr., 1934. (Wheeler,-3
Where, under the President's
employment Agreement, a bar*
shop is allowed to remain open'g
hours per week, an employee su
for back.wages must show that,
worked the full time before he :caj
recover the minimum wage per
mnitted by the agreement..
14. HARDINGHAUSv.HODGE DRIVj
IT-YOURSELF, INC., Mun. Ct
Cincinnati, Ohio, No.-209,579. (For
chheimer, J.)
The PRA does not provide for extra
compensation for tinue worked in'e
cess of the hours of labor permltted-
by it: The policy of the agreement
is to increase employment by reduc'--
Ing the number of hours each mad.
may work, and a person cannot re
cover for time worked' in excess of
that stipulated in his employer's"'
contract with the President.
Plaintiff's judgment was limited to
the difference between what he
actually paid and the minimum wage
set forth in the PRAL.
15. WALTER v. HYNAN-ROSE TO2
BACCO CO., City Ct., Buffalo, N.Yi
May 22, 1934. (Jeeler, J.)
An employer in signing the PR.
enters into a contract for the bene-4
fit of his employees, who may eU-:
cessfully maintain an action for thee
difference between what they were.
paid and what they should havoc
been paid under the agreement. Thie
employee was also allowed to re-s
cover for lime worked in excess 6f
that permitted by the PRA. (No,
written opinion.)
16. DE VRIES v. MID-WEST WALK
THON ASS'N., INC. ET AL., Mn%.
Ct., Black Hawk Co., Iowa, No
16,281-A, May 18, 1934. (Howrey
J.)
It is a well-established principle of,
law- that two parties may enter into-
a contract for the benefit of a thlrd.,
person. No consideration need move
from the beneficiary to the promisor.
Therefore an employee may success-7
fully maintain a suit to recover the.
wnge the employer agrees to pay on|
signing the PRA. The employer re-";
ceives ample consideration In th'e
right to display the Blue Eagle
The acceptance of less wages thatn-
the PRA scale does not consdttuteIt
a waiver by the employee.
17. FIELDS v. WYSOCKI, City Ct,E
St. Louis, Ill., June 13, 1934;
(Cook, J.)
An employee, being paid $2 per
week plus room and board, sueft
under the PRA to recover the dif1'
ference between $2 and $15 per.
week, the minimum wage permlsgl-m
ble under the agreement. A jury,
returned a verdict for $255 pluF.
attorney's fees.
18. HOVENS v. PETERSON, Man. Ct,
Polk Co., Iowa, Dec. 28, 1933.:;
(Mershon, J.).
The President's R e e m p I oy m e.t
Agreement was entered Into for the.'.
benefit of employees, and any em-
ployee receiving less wages Tha'n
those specified In the agreement '
may maintain an action In his owna.
name to recover the minimum wage.n-
(No written opinion.)
19. JOHNSON v. BEN SHRAGO
SONS, City Ct, Hammond, Ind
June 14, 1934. (Whitaker, J.)
The PRA is a contract for the bene-
fit of third parties and may be en-.,
forced against an employer by al'-
(Continued on page 7. column 4)


I I I


.. ^/.-.*.:......'9








''D -A,

.hdustrial Production Machine Tool Orders ExtendsCigare

INDEX OF INDUSTRIAL PRODUCTION (FEDERAL RESERVE BOARD)A Price Vark-up
If. -. .. ..... r--,Afemu


. INDEX OF MACHINE TOOL ORDERS NATL. MACHINE TOOL IUIL-.E- rsAN.,


NRA Order Aimed at Use of,-
Cigarettes as "Loss Leaders" by
Retail Stores Not Primarily
Engaged in Retail Tobacco
Trade

The National Industrial Recovery Board .
has extended until January 11, 1935, orders
recognizing an emergency due to destructive
price cutting in the wholesale and retail
cigarette trades and fixing minimum mark..
ups. The original orders, approved July q, -
were to expire October 13.
The orders were aimed at the use of cigar.;
ettes as loss leaders by retail stores not
primarily engaged in the retail-tobacco trade,.
thereby imperiling small enterprises and en.-
dangering the maintenance of Code wages
and working conditions.
The original orders provided that the Re.
search and Planning Division should make a
survey of conditions in the cigarette trade,
and it was found that the survey could nit
be completed within the life of the orders.
The total percentage to be added to the
wholesaler's purchase price after deductions
of hil discounts must be not less than 3.1 per.
cent in the case of sales to retailers, and 21
percent in the case of sales to subjobbers.
The minimum retail price of cigarettes of
which the manufacturer's list price is less
than $5 per 1,000 shall be the manufacturer's
Uit price plus 5% percent thereof and the
minimum for other cigarettes shall be the
manufacturer's list price plus 6!12 percent
thereof.


Chart Made Exclusively for the Blue Eagle by the Research and Planning Division


,N THE above chart the movements
t of the index of industrial produc-
n and the index of orders for ma-
,tine tools and forging machinery are
.jown by months from 1929 to date.
he index of production was originally
:prepared by the Federal Reserve Board
and covers the physical volume of both
sneral products and manufactured
goods. The index of orders for ma-
[chine tools and forging machinery was
compiledd by the National Machine Tool
PBuildels' 'Association and represents
,he gross value (f new orders for vari-
Eus types of machine tools and forging
machinery; The machine tool orders
index is based on physical volume.
This accounts in part for the wider
idctuations in the index of orders since
.be-variations in dollar volume due to
pjice changes are not eliminated from
that index. The greater decline in ma-
chine-tool orders during the depression
movement, however, was largely the re-
uIt of a greater decline in the physical
volume of demand for machine tools.
f.An inspection of the 'chart will dis-
close that during the early depression
period orders for machine tools de-
clined' more rapidly than industrial
production. This was to be expected,
rf.r, although machine tools may be
trd as instruments for the production
hf consumer's goods, they 'are largely
kused as instruments for the manufac-
eiture ot, other instruments Which will
Vbe used to produce goods. As the total
tidemand for all kinds of goods drops
miff this is reflected in the industrial-
production index, but is reflected much
"'more forcibly in the new orders for
|Lproduction equipment, for when goods
Fare not- being produced there is little
reason for replacing old production
i-equipmient and much less reason to add
S.new equipment. During a period of
lwdeep depression the demand for new
equipment or'replacement equipment is
very small since production is on a
6ery low scale. This is indicated in



i Interpretation


SRetail Food and Grocery
S Trade
i FACTS.-It appears that certain food-and
,grocery retailers accept trade oraers issued
.by a manufacturing concern to its employees
4and in collecting on such trade orders from
Ldneh manufacturing concern said food and
'grocery retailer allows a 10 percent discount
ifon fie amount thereof to such concern.
-" QUESTION.-ls such practice contrary to
Fthe provisions of the Retail Food and Grocery
;o06de?
t, INTERPRETATION.-It is held that such
`.practice is in violation "of the Code of Fair
3? Competition for the Retail Food and Grocery
i,..Trade, provided that after the deduction of
.such 10 percent discount the selling price of
...the article is thereby reduced below the sell-
S"ilng price figured in conformity with the pro-
t.; vision of article VIII of said Code.


the chart during the period which
began about the middle of 1931 and
extended approximately through the
first .quarter of 1933.
As recovery gets under way and pro-
duction increases it becomes necessary
to replace old equipment and in some
cases even to add new equipment. This
is reflected in a rising movement of
orders for new machine tools. From
the chart it is evident that during the
last'year and a half, approximately,
the increase in demand for machine
tools has been enormous-the net in-
crease between March 1933 and August
1934 being over 400 percent, or, rough-
ly, 20 percent of the 1929 level of orders.
The increase in industrial production
over the same period, however, was
only about 32 percent, or about 12 per-


cent of the 1929 level of production.
This difference between the rate of in-
crease during the recovery movement
indicates that it is becoming more and
more necessary for producers to re-
place old equipment and even add new
equipment.
Two details might be considered in
relation to the above broad discussion
of the chart. First, the peak-in the
machine-tool index for December 1933
was largely the result of the increased
foreign demand for machine tools; the
December 1933 domestic demand was
below that of January 1934. Second,
the August. 1934 gain in machine-tool
orders seems to have been greater than
the expected seasonal increase, while
the production index just about held
its own seasonally.


A subsequent amendment forbidding the
absorption of State stamp taxes in the re:"
quired minimum mark-up was also included
In the extension order.
"Where the manufacturers' list prie Is
uniform on all packing nf cigarettes", says.
an additional order, "- the same quantity of
cigarettes may always be sold at the same
minimum price whatever the packing. There-
fore. when a given quantjy of cigarettes
would, appear to sell for differing minimum
prices in differing packages, the lowest mini-
mum price for the given quantity of cigarettes
shall be the minimum price for all packings"


SCHEDULE OF CODE HEARINGS, OCTOBER 15-26-Continued


INDUSTRY Oa TRADE


PLACE


DEPUrT ADtINIS-
. TRAIOR


PsorosED ACTION


Tuesday, October ?3, 1934
Roofing and Sheet Metal Contracting Indus- Steuben Club, Kansas Robert K. Ryland, Hearing and Opportunity to be Heard on application of certain grolPS
try, 244 11i-8. 68J-1. City, Mo., 10 aO m. State NRA Corn- for approval of proposed agreement establishing standards of hours ofliEr,
pliance Director, 506 rates of pay and other conditions of employment under art. Insee. I ofthbe
Olive St., St. Louis, Code for the Construction Industry and sec. 7(6) of the National Industral
Mo. Recovery Act: for region of Kansas City, Mo.. and vicinity. ,
Warm Air Furnace Manufacturing Industry, Room 8074, Department Beverly 8. King_... Opportunity to be Heard on application of Code Authority for approvalcl
137-19. of Commerce. Cost Accounting Manual, the purpose of which Is to produce IndivldAl
company product coats which are comparable and which will be used by
Individual companies as the basis for selling price determination MuIatil
~___________________________ ~does not Impose upon the industry a mandatory system of cost accmnll-
Tuesday, OctoBer 30,1934
Leather Cloth and Lacquered Fabrics, Window East Lounge, Ambassa- Walter Mangum----. Hearing on application of the Window Shade Cloth and Roller Industry 1 r
Shade Cloth and Roller; and Book Cloth and dor Hotel, 10 a. m. approvalof amendment to the Code for Leather Cloth and LacqneredFabfta
Impregnated Fabrics industries (Window Window Shade Cloth and Roler, and Book Cloth and Impregnated Fabric
Shade Cloth and Roller Industry Division). Industries by inserting rules 17 (seconds) and IS (marking products) eto at
IX and amending art. Vif, sec. 2 (price filing and classiflcatlon of custtertl)
WednedayOcto3________________i___ Insofar as provisions related to the Window Shade Cloth and Roller industrym-
Wednesday, October 24, 1934


Fur Manufacturing Industry, 436-13----------- Room 4039. Department Harry S. Berry.....
II of Commerce. I


Mason Co8ntractors Industry, 244 G-13 68 M-I Auditorium of Munici-
(Division of Construction Industry). pal Building, Tulsa,
Okla., 10a.m.

Painting, Paperhanging, and Decorating Indus- Sons of Veterans' Hall,
try 244 B-18, 68 L-l. (Division of Construe- 145 Broadway, Pater-
tlon Industry.) son, N.J., 10 a. m.

Retail Monument Industry, 418-B-----.------ Gold Room, Hamilton
eHotel, 10 a. m


Frank Buttram, State
NRA CompUiance
Director. 427 Com-
merce Exchange
Building, Oklahoma
City, Okla.
Charles Edison, State
NRA Compliance
Director 434 Indus-
trial Office Build-
Ing, Newark, N. J.
Frank A. Becht-_.....


The Alloy Casting Industry. 237-15-----------............. Room 4040, Department W.W. Rose...........
of Commerce.


Thursday, October 25, 1934
Plastering and Lathing Contracting Industry,
(Division of Construction Industry), 244-N,
680-1.


Painting, Paperhanging, and Decorating Indus-
try (Division of Construction Industry),
244 B, 68 P-i


Friday, October 26, 1931
Tile Contrettinr Industry (Division of Con-
struction Industry), 244-E. G65 N-i


Associated General Con-
tractors Room of Con-
stru.tiloo Industries
Building, Dallas,Tes.,
10 a m.

Ounnarsons Hall, 12
Havemeyer Place,
Greenwich. Coon
luon in


Cincinnati Real Estate
Board. 323 Hammond
Street. Cinclnnati,
Ohio, 10 a. m.


Sherwood H. Avery,
ExecutlveAssistant,
State NRA Com-
pliance Director,
1212 Republic Bank
Building', Dallas,
Tex.
W. S. Meany, State
NRA Compliance
Director, 301 Fed-
eral Building, Hartn-
ford, Conn.


Benedict Crowell
State NRA Com-
liance Director,rol
Bulkiley Bulldin,
Cleveland, Ohibo.


Opportunity to be heard on application of Code Authority for approvalOf
budget and basis of contribution or period from September 28, 1934, to Jau
ary 28. 1935 Total budget $100.458.09. Assessments is one-third o I p t
cent on annual net sales volume.
Hearing and Opportunity to be Heard on application of certain groUPl tr
approval of proposed agreement establishing standards of hours ot labor,
rates of pay, and other conditions of employment under art. n, seec. Iot 1tb
Construction Code,'and sec. 7(b) of the National Industrial Recovry Act,
affecting members of the Mason Contractors Division of the Conattrucnoi
Industry and their employees, in the regions of Tulsa., Okla., and vicinitY.,
Hearing and opportunity to be heardon application or certain grou jFr
approval of proposed agreement establishing standards of hours of IB.,
rates of pay, and other conditions of employment under art. [, see. It tOh
Construction Code, and sea. 7() of the National Industrial RIeCo.erl_
affecting members of this division and certain of their employees In ihees00
of Passaic and Bergen Counties. N.J. -
Hearing on application of American Cemetery Owners' Associstion, As
Arbor. Mich., for exemption from provisions of art. II se. 2 of the Ode bY-
adding after the word "markers" the following: "Not Including flat brase
grave markers sold by cemetery companies exclusively for Installation in ti
own cemetery
Opportunity to be heard on application of Code Authority for apprOesla
budget and basiq of contribution for period from February 4. 14, to June
lId. 1935. Total budget $27,30348 Basis of assessment slxtynine e01be
dredtba of I percent of twice the sales of the first a months of 1934 tocotruth'
budget period of 71 weeks. Assessment Is at rate of one-half of t perceitei.i
year.

Hearing and opportunity to be heard on application 'of certain fO rf
approval of a proposed agreement establishing standards o honors el a'h,
rates of pay, and other conditions of employment, under art. IU sII t.,'-lfis
Construction Code, and see. 7 16) of the National Industrial RecoveryA,
affecting members of the Division and certain of their employees In the reg0'
of Dallas, Tax., and vicinity.
Hearing and opportunity to be heard on application of certaingr, up5It
approval of proposed agreement establishing standards of hours of ia
rates of pay, and other conditions under art. ITt, sec. I of the 'Ouad
Code, and sec 7 itb) or the National Industrial Reovery Act, acesg e&i.i
bers of the dii-Ion and certain of tneir employees In the regoa of ureb,
Conn.. and vicinity

Hearing and opportunity to be heard on application of certain .r5 rflfr,
approval of proposed agreement to establish standards ofneours Of Is,r,
rate; of pay,and other conditions, under art Il. sec I of the Const-ruci.
Code, and se, 7 (t,) of the National Industrial Rgcovery Act, atfferdasi ,
rbemployestIn I h4region of On
bhrs of hEo division and certain of their employees in the regn t in
Ohio, and vicinity.


'5


-1 1- -1-


f-"-












rkDMINISTRATIVE


ORDERS


ADVERTISING SPECIALTY MANU-
FACTURING INDUSTRY, Code No. 65:
Order 13, granting application of C. E.
Erickson Co.. Inc., Des Moines, Iowa, for
an exemption from the provisions of article
W1i, section I, during peak periods "to work
all or such part of Its employees as may be
necessary for a maximum of forty-eight (48)
hours per week from the date of this order,
provided thatthe rate of wages for all hours
.in excess of forty (40) per week shall be at
least one and one-third times the established
rate of forty (40) hours and further pro-
vided that such employees shall not be per-
mitted to work more than 520 hours, during
any period of thirteen (13) consecutive
weeks." Code No. 65: Order 14, denying ap-
.plication of the Mathews Co., Detroit, Mich.,
for an exiimption from the provisions of arti-
cle Ill, section I. Code No. 65: Order 12,
granting application of The Novelty Adver-
tising Co., Coshocton, Ohio. for an exemption
from the provisions of article III, section I,
"for a period of rime commencing Septem-
bet 1., 1934, and terminating December 31,
1934, in the following particulars; namely,
applicant is permitted to work its employees
who are engaged in operating printing
presses not to exceed forty-eight (4S) hours
per week per man, provided, however, that
each such employee shall receive at least one
and one-third times his established rate for
all hours in excess of forty (401 hours per
week"
AUTOMOTIVE PARTS AND EQUIP-
lENT MANUFACTURING INDUSTRY,
Code No. 105: Order 16. denying application
of the Lelin Sales Co., 229 North Tenth
Avenue, Portland, Oreg., for an exemption
from tie provisions of article IV, section I
Ib), to operate apprentices at a lower rate
and longer hours than specified in the Code.
BAKING INDUSTRY, Code No. 445:
Order 10, termination of the exemption con-
'earred in paragraph III of Administrative
Order X-36, dated May 26. 1934. insofar as
sucha exemption applies to obligation to con-
:tribute to the expense of administering the
Code of Pair Competition for said industry,
excepting any member of the industry whose
.annual dollar volume of sales of products of
te industry is five thousand dollars ($5,-
WO0) or less.
BEVERAGE DISPENSING EQUIP-
BENT INDUSTRY, Code No. 334 : Order 10.
termination of the exemption conferred in
Paragraph III of Administrative Order X-36,
dated MIay 26, 1934, "on condition that this
termination shall extend only to manufac-
Sture of beverage dispensing equipment."
BITUMINOUS COAL INDUSTRY, Code
NO. 24: Order 78, establishing procedure for
administration of certain provisions of the
:Cade, as follows: "After the Marketing Com-
'aittee of a subdivisional or divisional Code
Authority has submitted proposed schedules
Of price or changes'In effective schedules of
Prices to Its Code Authority and the Code
.Authority has approved such prices, which
A approval shall be not later than 10 days be-
f.re the effective date of such proposed
monthly. schedule of prices, or change will
ce aPproved by the Presidential members be-
-fre full opportunity has been given to all
interested subdivlsislonal or divisional Code
Authorities to object to any prices therein
which such subdivision or divisional Code
Authorities may consider unfair market
Prices."

BLUE CRAB INDUSTRY, Code No.
308: Order 10, granting application for
change in basis of contribution. The sum of
*496f.01, shall be liquidated out of the man-
Itory one-tenth of 1 percent assessment pro-
Stided for in the Code of Fair Competition
tr the FIshery Industry.

BOTTLED SOFT DRINK INDUSTRY,
S?,de No. 459: Order 14. denying application
tildissourl Bottlers of Carbonated Beverages
7t:: Louis, Mo., for an exemption from the


deposit rules and regulations-as approved
pursuant to article VII, section 5 (b) of the
Code, provides that there shall be a fair and
reasonable minimum rate on deposit for that
particular marketing region, as determined
by the Code Authority.
BRUSH MANUFACTURING INDUS-
TRY, Code No. 360: Order 7, granting appli-
cation of Sanitax Brush Co., 564 West Ran-
dolph Street, Chicago, Ill1., for an exemption
from the provisions of article VI, to have
-work done in the homes of employees 'who
are unable to work in the factory. Code No.
360: Order 8, granting application of Devoe &
Reynolds Co., Brooklyn, N. Y., for an ex-
emption from the provisions of article VI,
which exemption will permit one employee,
namely. George Lechner, to continue to do
homework; subject, however, to the rules
and .regulations covering such work pre-
scribed In Executive Order of May 15, 1934,
No. 6711-A.
BUFFING AND POLISHING COMPOSI-
TION INDUSTRY, Code No. 97: Order 13,
terminating exemption granted in Adminis-
trative Order X-36, paragraph 'III. dated
May26, 1934, upon any member of this in-
dustry whose principal line of business is in
some other trade, industry, so that such mem-
ber is no longer exempted from paying bis
proportionate share of the costs of admin-
Istering this Code.
CANDLEWICK BEDSPREAD INDUS-
TRY, Code No. 451: Order 6, granting ap-
plication for a continuation of the stay of
the provisions of article IV', section 2 of the
Code, nunti October 13. 1934. insofar as it
provides for compensation to homeworkers
of 8 cents per ounce of yarn used for work on
60/60 spreads and 10 cents per ounce for
yarn used for work on 64/64 spreads, and on
condition that in the Interim members of the
industry pay to homeworkers not less than
61:1 cents per ounce of yarn used for work
on 60,60 spreads and not less than 8 cents
per ounce of yarn used for work on 64/64
spreads, and pending further order.
CANNING INDUSTRY, Code No. 446:
Order 19, denying application of Saline Val-
ley Farms, Inc., for exemption from the pro-
visions of article IV, with respect to wages
under the .Canning Code.
CLAY MACHINERY INDUSTRY, Code
SNo. 343: Order 8, granting application of
J. C. Steele & Sons, Statesville, N. C., for
exemption from the provisions of article IV,
section I. provided that the minimum wage
which shall be paid to the employees de-
scribed in this section shall be 32,i cents
per hour, and that this exemption shall not
apply to any other section of the Clay Ma-
chinery Industry Code. Also, that this ex-
emption shall be for a period of 6 months
from September 18, 1934, and is subject to
cancellation.
COFFEE- INDUSTRY, Code No. 265:
Order 19, granting application of the George
Washington Refining Co., located at Morris
Plains, N. J., for an exemption from the pro-
visions of article VI, section 12. (Guarantee
against price decline.)

COOKING AND HEATING APPLIANCE
MANUFACTURING INDUSTRY, Code No.
236: Order 12, approving application of the
Tappan Stove Co., Mansfield, Ohio, for ex-
emption from the wage and hour provisions
of articles III and IV of this Code, on con.
dltion that this company comply with the
wage and hour provisions of article IV of the
(;as Appliances and Apparatus Industry
Code, and any amendments to such article.
CORSET AND BRASSIERE INDUSTRY,
Code No. 7: Order 10, granting application
for exemption from the provisions of article
IV. sections (ac and ib) to the following
firms: Best Form Brussiere Co.; A. Cohen
Brassiere. Inc.; De Luxe Girdle Co.; "Fay-
Miss" Brassiere Co., Inc.: Priscilla Founda-
tions, Inc.. all of New York City, during the


! Official Orders of NRA Relating

to Particular Codes
THE Blue Eagle prints in each issue summaries of administrative
orders, interpretations, appointments, and bylaws approved by the
National Industrial Recovery Board.
Official orders are of two types, final and provisional. Where an order
is provisional, the time within which objections may be filed is indicated
below.
All protests against provisional orders should be addressed to National
Recovery Administration, Washington. D.C., attention Deputy Admin-
istrator for Code concerned; and such protests should be received before
final date indicated.
Orders are arranged alphabetically by name of industry affected. Full
text.of any order is available on request through National Recovery Admin-
istration. Room 3316, Department of Commerce Building, Washington,
D.C.
(For Code approvals, amendments, interpretations, budgets and
assessments, bylaws, Code Authority members, and trade complaints and
other committees, see elsewhere.)


week ending September 29, 1934, for the rea-
son that these firms lost 3 days productive
activity due to religious holidays.
COTTON GARMENT INDUSTRY, Code
No. 118: Order 125, granting application of
Enro Shirt Co., Louisville, Ky., for an exemp-
tlion from the prdvislons of article IV. sec-
tion C, as amended, which permits this conm-
pany to employ in Its plant 20 percent of the
total number of manufacturing employees In
the plant, as learners for a period not to ex.
ceed 6 weeks from September 21, 1934, pro-
vided that these learners are paid at least
the minimum wage provided for in article IV.
section C. as amended, and that any employee
who has worked 6 weeks in the industry,
either previous to or under this exemption, is
not considered a learner. Code No. 118;
Order 133, granting application of the H. D.
Bob Co., Inc., Sunbury, Pa., for exemption
from the provisions of article V, section (a1
of the Code, for a period of 60 days from
October 2, 1934, to the extent that this firm
is permitted to operate its laundry depart-
ment an extra shift which shall not exceed
40 hours per week until October 1, and not to
exceed 36 hours per week during any week
thereafter, and that four additional laundry
operators are employed.
COTTON PICKERY INDUSTRY, Code
No. 433: Order 4, denying application of D.
Nachman & Co.. Augusta, Ga.. for exemption
from the provisions of the Code.
COTTON TEXTILE INDUSTRY, Code
No. 1: Order 92, denying application of East
Penn Weaving Co., Topton, Pa., for exemp-
tion from the provisions of sections 2 and 3.
(MinImum-wage and maximum-hour provi-
sions.) '
DRESS MANUFACTURING INDUSTRY,
Code No. 64: Order 25, denying application
of Charlotte Frocks, Inc., Marlene Dress Co.,
and the United States Garment Co., all of
Kansas City, Mo., to be placed in the southern
division of the western area, as defined in
Administrative Order No. 64-3 dated Decem-
ber 14, 1933. Code No. 64: Order 2S, releas-
ing monies impounded under Administrative
Order No. 64-21. Code No. 64: Order 29.
granting application of Sachs-Karen Co., Inc.,
Taunton, Mass., for exemption as to opera-
tors. pressers, and finishers, from the provi-
sions of article IV, sections 4 and 5 of the
Code, to6 the extent that the applicant shall
pay operators, pressers, and finishers piece
rates equal to the piece rates paid employees
working on comparable garments in the con-
tract shops of Warshauer aud Franck, Bos-
ton, Mass., provided that said piece rates be-
fore being installed, shall be approved by the
Boston Industrial Adjustment Agency of the
Dress Code Authority, and that in no event
shall they be paid less than $15 per week
for the maximum hourly work week per-
mnutted under the Code.
ELECTRICAL MANUFACTURING 'IN-
DUSTRY, Code No. 4: Order 46, denying ap-
plication of the Webster Electric Co., Racine,
Wis.. for exemption from the twage and hour
provisions of the Code.
FARM EQUIPMENT INDUSTRY, Code
No. 39: Order 10, granting application of
Cherryville Foundry Works, Cherryville,
N. C., for exemption from the provisions of
article V, section 3, paragraph (b) for a
period of 6 months from September 18, 1934,
provided that no employee of the applicant
shall be paid at a rate of less than twenty-
five (25) cents per hour, and subject to can-
celation at any time a subsequent showing of
proper cause may justify.
FIBRE CAN AND TUBE INDUSTRY,
Code No. 305: Order 10, granting termination
of exemption conferred In paragraph III of
Administrative Order X-36, dated. May 26,
1934. provided that this termination shall
not apply to members of the industry who
manufacture fibre cans and'or tubes as a part
of their continuous integrated machine op-
erations In packaging products produced by
such member or to members who manufacture
such fibre cans and/or tubes exclusively for
their own use and in such manufacture do
not compete with other members of the
industry.
FOLDING PAPER BOX INDUSTRY,
Code No. 193: Order 10, terminating exemp-
tion conferred in paragraph III of Adminis-
trative Order X-36 so as to require members
to pay their proportionate share of Code ad-
minlstration expenses notwithstanding their
principal line of business Is in some other
Industry. I
FOOD DISH AND PULP AND PAPER
PLATE INDUSTRY, Code No. 247: Order
10, terminating exemption conferred in para-
graph III of Administrative Order X-36. re-
quiring members to pay their proportionate
share of Code administration expenses, not-
withstanding their principal line of business
Is in some other industry.
FRESH OYSTER INDUSTRY, Code No.
309A : Order 9. approvingt application of the
North Atlantic. Middle Atlantic. South At-
lantic, and Gulf States sections of this Indus-
try, for exemption from the provisions of


article VI, title A, section 1, paragraphs (1)
and (m), and article VIII, title.0, section 1f
paragraph (o) of the supplementary Code for:'
this Industry. (Price filing provisions.) ...
LUGGAGE AND FANCY LEATHER`'`
GOODS INDUSTRY, Code No. 42: Order 8.
granting application for stay of the provisions-
of article III, section 1. for a period of'
weeks from October 15, 1934, so that em-i
ployees of this industry, except those define
in article III, section I (at, tb), and (o), areo`
permitted to work not more than 45 hours:,;
per week nor more than 9 hours a day, with.
payment for overtime over 40 hours per week'
and 8 hours per day at the rate of one and"
one-half times the normal rate of compensa-"
tion. .
MACARONI INDUSTRY, Code No. 234 4
Order 17, terminating exemption granted in.
Administrative Order X-36, so as to require,
members of this industry whose principal line
of business is In some other industry, to pay.,
their proportionate share of Code adminiW-
tration expenses, but In the event any mem-7
her of'this industry whose principal line ofi'1
business is in some other Industry, and whose^a"
annual production of the products of the
macaroni industry,-as defined by the Code,.
does .not exceed 25,000 pounds per annum,i
shall not be required to pay any assessment:
Such a member must submit Information.'
-which will permit the Code Authority to de ai
termine whether or not such member is prop-A,.
early classified as to his annual production inl
pounds. ''
MARBLE QUARRYING AND FINISH,
ING INDUSTRY, Code No. 421: Order 71.
terminating exemption conferred in para-s
graph III of Administrative Order X-36, s-
as to require members to pay their propor-|
tionate share of Code administration ex
penses, notwithstanding their principal'bnru t
ness may be in other industries. --
MOTION PICTURE INDUSTRY, Cpdea:
No. 124: Order 32, granting extension of time.
for filing objections to Administrative Order'.:
No. 124-50 from October 6, 1934. to Octoberla
11, 1934. .
MOTOR VEHICLE RETAILING TRADE,-":
Code No. 46: Order 34, granting application e.
of Warren Given, Inc., of St. Paul, .Minn..I
the provisions of the above-stated article in *.
IV, title B. section 1. Applicant is retiring
from business and is granted exemption from",;'S
the provisions of the above-stated article in;'A.
the sale of eight Dodge cars and two Plym-:
outh cars, which were used as demon--.
strator cars, provided these cars are not to0cl
be sold for less than the prices set forth in:'.'
the order, which prices represent a reduction: :'
of $150 from the present delivered price.,.A
Code No. 46: Order 36, granting application':
of the Harvard Sqluare Chevrolet Co., of 128.'
Mount Auburn Street. Cambridge, Mass., for
exemption from the provisions of article I'V;-'t"
title B, section I. Applicant is going out .of .
business and is granted exemption tsubjeet.
to cancellation in the event of subsequent .:'.
showing of proper cause) from the provisions_.: A
of the above-stated article In the sale of five.'..:
Chevrolet cars and one truck, provided thatir'.:;
these motor vehicles shall be sold for not less..;:
than the prices specified in the order, and.
that they shall be sold only in the State of;.|
Massachusetts. ". f
NOTTINGHAM LACE CURTAIN IN-.":
DUSTRY, Code No. 78": Order 12, granting ?t|.
application to the United States Lace Curtain
Mills, Kingston, N..Y., for exemption from'.-
the provisions of article III, so as to permit 7:
the applicant to employ "'pattern readers" .,
and "punchers for a period of 1 year from. 's"
September 26, 1934, not to exceed 48 hours'.
in any 1 week, and for not, more than 6'
weeks In any'6-month period, provided that
all hours In excess of 40 hours per week ".I'm
shall be paid for at the rate of one and one-
third times the normal rate of pay. .-,;
NOVELTY CURTAINS, DRAPERIES,
BEDSPREADS, AND NOVELTY PIL-
LOWS INDUSTRY, Code-No. 79: Order 17, ;i
providing that all funds in the possession of 21
the Code Authority or hereafter coming into_ L
possession of the Code Authority, be de- ':.
posited in a special account In the name of ':-
the Code Authority, subject to check only-.:
upon the signature of such officers as the
Code Authority may designate and for such :
Items of expense as ihe administration mem- w
her may approve. '
OIL BURNER INDUSTRY, Code No. 25:
Order 8, granting application of the Dis-
tillate Burner Mapufacturing Association,
Inc., for exemption of alnil members of the ..:
Distillate Oil Burners Manufacturing In-
dustry, and particularly to .members of the .
Industry who are embraced in and covered
by the definition of class 4 of article III of '
this Code whenever the supplementary Code -
presented in behalf of the Liquid Fuel Ap-
,liance Manufacturing Industry shalu have ''.
been approved and shall have become .i
effect ve '"
PAPER AND PULP INDUST 'YCode
No. 120: Order 22, granting ".Plicatlon of
Finch Pruyn & Co., Glens Falls. N. Y., for
an exemption of the provisions of article IV,'
section 1 ic) subject to the coudltion that
(Continued on page 6, column 1)











ADMINISTRATIVE ORDERS- Contin


.'" continuedd from page 5)
d exemption is limited to 13 employees
1b may be employed at a maximum of 10
ours per day and subject to the further
dbnditton that work in excess of 8 hours per
y by such employees shall be paid for at
e-rate of not less than time and one-third.
\PAPER DISTRIBUTING TRADE, Code
.-I176: Order 25, provides for the extension
"time limit of section 4, article VII, and
4,mtiistrative Order 176-6, which estab-
6.d-an allowance for wages of labor to be
pluded in the selling price of merchandise
der article VIII, section 4, of said Code,
h:be operative until December 31, 1934, and
es it operative until January 31, 1935,
es again renewed or extended on or be-
ore January 81, 1935, subject to further
yd~ers.
re,.
RAILWAY CAR BUILDING INDUSTRY,
oae No. 285: Order 6, granting application
I the Pressed Steel Car Co., MeKees Rocks,
a;-for an exemption from the provisions of
ticle III, section 3, in the operation of Its
o'wer house at McKees Rocks, Pa., provided
at such employees shall not be permitted to
ork in excess of 48 hours per week. This
BrfIer shall terminate 120 days from Sdptem-
SW,25, 1934, and Is subject to cancelation in
*-tfevent.of a subsequent showing 'of proper
Wise therefor.- Order 7, granting application'
ifhe International -Motor Co. for an esemp-
Aoon from the provisions o4 articles III, IV,
VildV, provided that the applicant shall com-
1.with the provisions of the Code of the
mA.toiobile Manufacturing Industry as to
wages and hours.and other conditions of em-
poyment as contained in articles 11, 11l, IV,
y','and VII thereof; and provided further
iat if and when there is a material change
In the percentages of the classes of articles
annfactured by said applicant, this exemp-
ri shall cease.
RETAIL FOOD AND GROCERY TRADE,
lode No. 182: Order 261, denying the appli-
cation of John C. Young for exemption from
ie provisions of article V, section 2, and
arficle' VI, section 1, so that an employee
.would be permitted to work 60 hours per
week. Order 34, denying application of the
bungalow Stores Co., Inc., Boise, Idaho, for
n. exemption from the provisions of article
Section 2, for the purpose of working his
employees the full 63 store-operating hours.
zder 35, granting the application of Kiriy
ulber Co.,. Sllsbee, Tex., for exemption
o'm the provisions of aricle V and article
I":-provided, however, that said exemption
ai'l:apply only to the two stores owned by
applicantnt known as Bon Wier and Camp
lieen (11), provided further that nothing
re contained shall be construed as ex-
empting said applicant fuom any other sec-
'b0n:of article V and article VI, and provided
"lt nothing herein contained shall prevent
uncelation of this exemption for good cause
4lb shown.
-|RETAIL LUMBER, LUMBER PROD-
'CTS, BUILDING MATERIALS, ANDI
BUILDING SPECIALTIES TRADE, Code
3o. 33:,Order 31, approving bases for com-
o.uting minimum costs of retail lumber, lum-
Jer products, building materials, and build-
.tng specialties for division No. 10, compris-
Iing-districts numbers 1 to 17, inclusive, in
W.acordance with paragraph 5 of Administra-
tive Order No; 33-17, which stipulates that
|.ach divisional administrative agency may
,submit for approval fair and equitable bases
-f.r computing minimum costs of materials of
iparties subject to this order in any trade
Sarea or subdivision within its division. Order
..82, approving bases for computing minimum
r'bsts of retail .lumber, lumber products, build-
9Ing materials, and building specialties for di-
I.sion No. 15. In accordance with paragraph
"of Administrative Order No. 33-17, which
stipulates that each divisional administrative
' agency may submit for approval fair and
raqtultable bases for computing minimum costs
gf-materials of parties subject to this order
.any trade area or subdivision within its
.vision.
RETAIL TRADE, Code No. 60: Order 194,
;.granting the application of Vincent-Bnrstow
;.\Co., Cleveland, Ohio. for exemption from the
Provisions of article V, section 3 (a), which
provides that the above-named company is
- given, permission to change from group A,
biection I of article V, to Group B of section
1 of .article V.' Copies of this order shall be
.posted in conspicuous places accessible to em-
plloyees in the establishment. This order was
H, effective September 20, 1934, and rescinds
grder 60-124 approved July 14, 1934. Order
I97, denying the application of Belk's De-
Slartment Store, Columbia, S. C., for exemp-
ttion from the provisions of article V, section
I8::(a), to the extent that they he permitted to
exchangee from article V, section 1, group B, to
article. V, section 1, group C. Order 198,
(S'denying the application of M. E. Alkinson
.Varlety Store, Eldon, Mo., for exemption from
l:the provisions of article V, section 1. and
,t-cle VI, section 1 (d). Order 19'), granting
,. the pliiVication of the Paris Corset Shop. 48
4 South Main Street, Wilkes-Barre. Pa.. for ex-
'. emotion from the provisions of article V. sec-
t.i'lon 8 (a), so that the above-named company
6:lia permitted to change from article V, sec-
.tioa 1, group A, a 40-hour employee work
61vSe1, to article V, section 1, group B, a 44-


Report on Activities of Zone


Labor Complaint Board

A REPORT submitted last week by the chairman of the Sixteenth Zoue Labor Com-
plaint Board, covering the period from August 15 to September 25, gives an idea
of the work which is being done by this Industrial Adjustment Agency as well as
actual results achieved in bringing about Code compliance..
In spite of the, fact that during approximately 2 weeks of that period the entire
staff of the Labor Board devoted its tirfie to analysis of work done and a study of
plans for increasing still further the efficiency of its activities, and despite the further
fact that for 2 weeks of this period the Labor Board was without the services of a
field investigator, here are some of the accomplishments listed:
"During the period under review the board continued to receive complaints on
an average of approximately three a day, an average which has remained fairly con-
stant since the board was established. Eighty complaints actually were received dur-
ing the period. Of these. 48 were handled by the board's staff in addition to the cases
pending at the beginning of the period. Thirty-eight field investigations were made.
,The board itself held only three meetings during the period due to the subcommittee
investigation on procedure. At these three meetings 25 cases were passed on. The
adjustment of 12 cases was officially approved by the board. In four of these no
violations were found. In eight cases adjustment was approved on the basis of promise
to abide by all terms of the Code in the future and to make restitution for back wages
in the amount of $4,653.16. Of this amount $1,830.03 has already been paid to em-
ployees; $357.62 is held for employees who have not yet claimed It; $1,917.91 is due
employees because of the board's permission to make restitution In partial payments.
When restitution is required as the basis for adjustment of a case, all payments to
employees are made by check through the secretary of the board.
"The eight cases in which restitution was made range from a one-man shop with
one employee to a shop with a force of 200 men. A total of approximately 400
employees was involved in the eight cases where restitution was made and restitution
was actually made to 80 employees with an average of approximately $5S per employee.
In addition to the cases where adjustment was completed, seven cases have been
referred to the NRA through the board's attorney for final attempt to obtain com-
pliance prior to rrnsecution. Two other cases are in the hands of the board's attorney
for attempted adjustment'prior to reference to the NRA.
In considering the work of the board it must also be kept In mind that practically
.every case involves analysis of complete pay rolls of the firm against which complaint
has been made. These analyses must go back to February 26, 1934, the effective date
of the Code, in order to determine what restitution, if any, is necessary for complete
adjustment.
Since the board was authorized by Washington to act on compJaints, cases in-
volving 3,500 employees have been handled by the board and plant pay rolls involving
approximately 2,000 employees analyzed in detail.--Fromn The Imirint, October 1, 193.


hour employee work week; the petitioner Is
to be subject to all the requirements as to
the maximum hours of employment and jninl-
mum-wage provisions 'as set forth in group
B. Copies of this order shall be posted in a
conspicuous place accessible to all employees
affected thereby. The' order was effective
September 25, 1934, and rescinds order No.
60-116. Order 201, denying the application
of the Gift Shop, Fayetteville, Tenn., for ex-
emption from the provisions of the entire
Code of Fair Competition for the Retail
Trade. Order 202, denying the application of
Welsh-Wiseman- Co., Danville, Ky., for ex-
emption from provisions of article V, section
1 and sectionS (a), to the extent that they be
permitted to change from group B, a 44-hour
work week, to group A, a 40-bour work week,
but to establish the employee work hours of
group C, a 48-hour work week. Order 203,
approving thbe incorporation otthe local retail
Code Authority for Denver, Colo., under the
provisions of an amendment approved Feb-
ruary 12, 1934, to the Code of Fair Competi-
tion for the Retail Trade. Order 204, ap-
proving the incorporation of,'the retail Code
Authority for Red Wing, Minn., under pro.
visions of an amendment approved February
12, 1934, to the Code of Fair Competition for
the Retail Trade. Order 205. approving the
Incorporation of the local retail Code Au-
thority for Cambridge, Mass., under provi-
sions of an amendment approved February
12, 1934, to the Code of Fair Competition for
the Retail Trade.
ROCK AND SLAG WOOL MANUFAC-
TURING INDUSTRY, Code No. 321: Order
11, granting the application of the Tennessee
Products Corporation, Nashville, Tenn., for
an exemption from the provisions of article
IV, seriou 1-A of the Code, provided that
no employees shall be paid less thin 30 cents
per hour; and provides further that this
order shall be subject to cancelation in the
event of a supplement showing proper cause
therefore.
RUBBER MANUFACTURING INDUS-
TRY, Code No. 156: Order 38, granting the
application mode by the divisional Code Au-
thority for the Mechanical Rubber Goods Di-
vision of the Rubber Manufacturing Industry
for approval of Group Customer Classifica-
tion Definitions in accordance with provision
of article III-A, section 1 of chapter VII of
said Code.
SOAP AND GLYCERINE MANUFAC-
TURING INDUSTRY, Code No. 53: Order
29, terminating exemption conferred in para-
graph III of Administrative Order S-36, so
as to require members to pay their propor-
tionate share of Code administration expenses
notwithstanding their principal business may
be in other industries, but not to apply to
any member of the industry where net sales
in the calendar year 1933, of products covered
by the Code, are less than $25,000, and which


net sales are less than 10 percent of such
member's total net sales in the same year of
all the products and/or services. "
SMOKING PIPE MANUFACTURING
INDUSTRY, Code No. 225: Order 9, denying'
application of the Continental Briar Pipe Co.,
Brooklyn, N. Y., for an exemption from the
provisions of article IV, section 1 (b), relat-
ing to employment of apprentices.
STEEL PLATE FABRICATING INDUS-
TRY, Code No. 390: Order 8, terminating ex-
emption @onferred in paragraph III of Ad-
ministrative Order X-36, so as to require
members to pay their proportionate sbnhare of
Code administration expenses notwithstand-
Ing their principal business may be in other
industries, provided that assessments will
only be levied against those members who
sell their products in the form in which they
are defined in the Code and not against those
who use their products in their own opera-
tions or for the manufacture of some other
product not covered by Qode definition.
UNDERGARMENT AND NEGLIGEE
INDUSTRY, Code No. 418: Order 13, extend-
Ing the time for the F[act Finding Commis-
sion appointed by Order No. 408-4 doted
May 26. 1934, to make a report on its find-
ings regarding competitive conditions with re-
spect to labor costs within the said industry,
to October 31, 1934.
WOOD PLUG INDUSTRY, Code No. 115:
Order 8, approving a list of occupations
deemed hazardous or detrimental to the
health of persons under 18 years of age in
this industry within the meaning of section 1
of article V as follows:
I. In occupations Involving specific me-
chanicail hazards-machine work prohibitionn
to apply to operating, assisting In operat-
lug or taking material from the following
machines) :
(1) All occupations In connection with
power-driven woodworking machinery, except
minors between sixteen (16) and eighteen
(18) years of age under conditions of bona
fide apprenticeship to a trade;. 12) In oiling,
cleaning, or wiping machinery in motion;
(3) in applying belts to a pulley in motion or
asslsting therein.
II. Occupations involving general hazards:
(4) Firing of steam or water boilers (ex-
cept boilers of not more than 15 pounds pres-
sure used solely for heating purposes; i5i as.
drivers or assistants to drivers of motor
vehicles or as helpers or delivery boys on
motor vehicles; (6) in or assisting in the
operation of gas, oil, or steam engines or
other prime movers; (7) in the custody, oper-
ation, or repair of elevators, cranes, derricks,
or other hoisting apparatus, except in the
operation of (i dumbwaiters as defined by
the American Standards Association, or (2)
of elevators equipped only for automatic
operation.


Cotton Garment Under.':

36-Hour Week

(Continued from page I) .
of said Code of Fair Competition to and :.
Including October 15, 1934. and directed the'.
National Industrial Recovery Board to al.
point a committee of three impartial Persons
to hear protests, investigate the facts and re-.
port its recommendations concerning alid
amendments on or before October 10, 194
and
Whereas the Cotton Garment Code Author.
ity and various members of the cotton gar-
ment industry, protestants against said
amendments, had stated, that if such an in.
partial committee were appointed to de-
termine the issues involved, said protesLanta
would abide by the conclusions of such com.
mittee, and
Whereas the National Industrial Recovery
Board, pursuant to said Executive Order duly
appointed Willard E. Hotchkiss, W. Jett
Lauck, and Donald M. Nelson, three in.
partial persons who had not theretofore'.
formed an opinion concerning the subject
matter of said amendments, as such corm.
mittee, which said committee thereafter
heard protests, Investigated the facts and on
October 10, 1934. d(lid report its recommend.
tions in the premises:
Now, therefore, by virtue of and pursuant
to the authority vested in me by title I of the
National Industrial Recovery Act of June 16,
1933 (ch. 90, 48 Stat. 195), and in order to
effectuate the purposes of said title and of
my said Executive Order No. 6801, dated,
September 28, 1934, I, Franklin D. Roosevelt,
President of the United States do'hereby ap-
prove and adopt the report and recommenda-
tions of said committee and do order:
1. That paragraph numbered 1 of Esxecu.
tive Order No. 0S61, dated September 28,
1934, be and it is hereby revoked.
2. That the effective date of said amend.
.ments to articles III and IV.of said Code be
stayed to and including December 1, 1934,
after which date said amendment's shall be
in full force and effect.
3. That the committee heretofore appointed
and constituted by the National Industrial
Recovery Board, consisting of Willard .
Hotchkiss, chairman, W. Jett Lauck, and
Donald M. Nelson, be continued, with instruc-
tions further to investigate the protests of
the sheep-lined and leather garment sub.
division of the cotton garment industry and.:
report its findings and recommendations
therein on or before November 15, 1934.
4. That the National Industrial Recovery
Board forthwith appoint a committee of three
impartial persons, which committee shall in-
vestigate the effects of competition between.
the products of prison labor and sheltered
workshops on the one hand and of the cotton.
garment industry on the other, study the
operation of the prison labor compact espe-
cially as to the enforcement of the standards;
of competition with private industry estab-:
lished therein, and report to the National In'
dustrial Recovery Board concerning sai.
matters not later than December 1, 1934.
5. That on or before January 15. 1935, tls
National Industrial Recovery Board report
to me as to exceptions to and exemptions
from the Code of Fair Competition for tbs'
Cotton Garment Industry, as amended, which
imay have been granted under the provision.:
of article XV of said Code as amended. .
6. That this order shall be subject to it
further orders in the premises.
FRANKLIN D. ROOSEVEUJ.
The WHirr HousE,
October 12, 1954.


Labor Board Set-Upfotr

Photo-EngravingTradV.
The National Industrial Recovery Boar
has announced approval of the organlizatio0
and procedure of the Labor Board of t111
photo engraving industry, and authorized it.
to consider and pass upon alleged violation:"
disputes, or nonobservance of th e labor pT W
visions of the Photo-Engraving Code
The members are Louis nlader, 166 IWo
Vnn Buren. Chicago; Edward J. Volz, 2k
Madison Avenue, New York, and Tanner.
Freeman, 457 Leader Building, Cleveland.
The Code, approved December 23, es5
llshed a joint labor board, to be comPOs.a
one member selected by the executive eoaot
of the American Photo-Engravers Assit
tion, one by the executive council of the
playing Photo-Engravers Assocl.ation
America, and one by the executive co0o
of the International Photo-.Engravers Tsl
of North America.
The administration member of the Cob
Authority is to be a member of Meidi"-
without vote, but with veto. Any vefis
decisions are subject to review by the
tion',I Industrial Recovery Board. slabli
Tie Labor Board's decisions are .
to the National Industrial Recoverys
All rulings on interpretations, exceptions,
emptions. and modifications are to beB
by the National Industrial Recovery ..
The Labor Board Is empowered to .5t.
local and regional boards. -;


;:s';- -









r Code Authority
S:[Members Approved
SThe National Industrial Recovery Board
:.-pproved. during the past week, the follow-
lag selections and appointments of Code Au-
thonrity members:
CLAY DRAIN TILE MANUFACTURING
INDiUSTRY.-G. T. Landrum, Columbus,
Ohio; F. D. Oakley, Terre Haute, Ind.; J. L.
STremper, Streator, Ill.; Fred C. LaFountaine,
t Kansas City, Mo.; Robert Linton, Los An-
Sales, Calif.; D. A. Weaver, McCloud, Tenn.;
M. D Judd, Mason City, Iowa; and E. G.
Iyack, Sheffield, Ill.
COAL DOCK INDUSTRY (New England
Division.)-Richard Bowditch, Boston, Mass.;
HE J. McKechnie, Boston, Mass.; R. L. Wal-
I ia RBoston. Mass.; Edward Page, Boston,
Mass.; Fletcher Burton, Providence. R. I.;
'Allan M.ll MacLeol, Boston, Mass.: Swan
Hartwell, Boston, Mass.; T. A. D. Jones, New
Haven, Conn.; and Charles F. Simes, Port-
hland, Maine.
COATED ABRASIVES LNDUSTRY.-R.
G- Balcom. South Braintree, Mass.: E. 0.
White, Brooklyn. N. Y.; F. E. Gallagher, Troy,
N. Y.; E. B. Gallaher, Norwalk. Conn.; J. F.
A. Davis, Walthlam, Mass.; G. R. Manning,
Chicago, Ill.; F. J. Tone, Niagara Falls,
N. Y.; and J. T. Jackson, Detroit, Mich.
CORDAGE AND TWINE INDUSTRY.-
G F. Waterbury, New York, N. Y., vice J. U.
Barr.
CORRUGATED ROLLED METAL CUL-
VERT PIPE INDUSTRY.-'E. B. Abbett,
Newport, Ky.; S. R. Ives, Middletown, Ohio;
F. A. Kelly, Youngstown, Ohio; J. H. Robin-
son, Wheeling, W. Va.; and J. P. Dolan,
Cambridge, Mass.
GRAPHIC ARTS INDUSTRIES (National
Relief Printing Appeal Board).-Walter D.
Allen, Brookline, Mass.; Kenneth F. Bald-
ridge, Bloomfield, Iowa; Robert H. Pritchard,
Weston, W. Vs.; Clarence J. -Brown, Blan-
chester, Ohio; Lea M. Nichols, Bristow, Okla.;
Jastus F. Craemer, Orange, Calif.; Mason
Britton. New York, N. Y.; Charles J. Bevan,
Springfeld, Ohio; Hadar Ortman, Des Moines,
Iowa: John B. Ballou, New York, N. Y.;
Walter B. Reilly, Lowell, Mass.; H. 0. Owen,
.Chicago, Ill.; George T. Lord. New York,
SN. Y.; John J. Deviny, Washington, D. 0.;
SGeorge K. Hebb, Detroit, Mich.; B. B. Eisen-.
bierg, Cleveland, Ohio; and Oscar T. Wright,
Washington, D. 0.
INDUSTRIAL ALCOHOL INDUSTRY.-
i. F.-Chase, New York, N. Y.; C. Esteva,
New York, N. Y.; Rt H. Grimm, New York,
N. Y.; A. K. Hamilton, New York, N. Y.;
Glenn Baskell, New York, N. Y.; J. W. Mc-
LaaghUn, New York, N. Y.; J. G. Park, New
York, N. Y.; J. J. Smith, Philadelphia, Pa.;
and L. S. Bacharach. New York, N. Y.
SLIGHT SEWING INDUSTRY EXCEPT
SGARMENTS (Covered Carpet Padding Di-
hian).-Henry W. Kaiser, New London,
Conn.; B. D. Mittleman, Brooklyn, N. Y.; and
Charles Beck, New York, N. Y. (Mattress
Cover Division).-S. Kay, Long Island City,
N.Y.; Samuel Katz, New York, N. Y.; Harry
Kobrin, New York, N. Y.; Joseph Krasnov,
Philadelphia, Pa.; and D. London, Baltimore,
Md. (Table Pad Division).-A. Kuber, New
SYork, N. Y.; Maurice Langbaum, Brooklyn,
N 7Y.; Charles W. Greenhill, Brooklyn, N. Y.;
William Langert, Chicago, Iii.; H. D. Bricher,
St. Paul, Minn.; and D. Schlessel, Cleveland,
Ohio.
MERCHANT AND CUSTOM TAILOR-
SING INDUSTRY.-Thomas J. Darcey, Bos-
ton, Mass.; Gardner R. P. Barker, New York,
N. Y.; Thomas Williams, Philadelphia, Pa.;
Harry S. Barfield, Toledo, Ohio; Frauk Dor-
SPols, Chicago, Ill.; Joseph A. Mahoney. At-
lanta, Ga.; and Carlton P. Schaub, St. Paul,
Sinn., to represent the National Association
o r Merchant Tailors of America. Harry A.
Young, Detroit, Mich.. to represent the
Merchant Tailor Designers Association of
America. William G. MeMahon. San Fran-
asco. Calif., to represent the Pacific Coast
Merchant Tailors' Association. Albiert Bril-
leant, Chicago, Ill., to represent the Journey-
neu Tailors, Union of America. William
Waters, Chicago, Ill., to represent contractors.
Israel Weinberg, New York, N Y., to re-
upresent nonmembers of proponent associa-
oons. Louis Hollander, New York, N. Y.,
upon nomination of the Labor Advisory
Board.
READY-MIXED CONCRETE INDUS-
TRY (Detroit Marketing Area Commit-
te: e).-0age W. Cooper, Detroit, Mih. ; Mat-
thew Glrmartin, Detroit. Mich.; A. J. O'Con-
nor, Detroit. Mich-; E. J. Tisdelle, Detroit,
Mich.;. K.- Wing, Detroit. Mlich.; F. J.
night, Detroit, Mich.; E. B. Met/.en, Detroit,
*,e,.; and A 3 J. Boice, Pontiac, Mich.
(TVMa Marketing Area Committee).-Jack
MlClebael Tulsa, Okia-. James B. Grey,
i isa, 0kil.; and J. T. Ljnch, Tulsa, Okla.
REPLACEMENT AXLE SHAFT MANU-
ACTURING INDUSTRY.-W. C. Bulette,
Pa. ; W. D. Foreman, Chicago. Ill.;
,Po a, Spencer, Ohio; George C. Lees,
|,bUch. Pa.; and T. R' Navin, Detroit,
SAPITyRA'ZOR AND SAFETY RAZOR
STRADEM MANUFACTURING INDUS-
l.la' ton Dammann, Brooklyn, N. Y.;
ouls Segal, New York. N. Y.; Howard G.
traass New York, N. Y.; A. J Lindblad,
arewOod, N. J.; Phillip H.- Unsinger, New-
ark N J. e -
Ger. N Leon Cooper,. Brooklyn, N. Y.;
eaovr Lamb ert, Boston, Mass.; John J.
n0"'ova n1 Elizabeth, N .: and Jean TT
New York N ." and Jean
ll HEE METAL DISTrRIBUTING
S.w. H. Bowe, Boston, Mass.; How-


The National Industrial Recovery Board,
during the past week, approved amendments
and modifications to Codes of Fair Competi-
tion as follows:
Asbestos Industry (Brake Lining Divi-
sionl.-Amendments to merchandising plan
approved October 1, 1934. are designed to
correct minor and typographical errors in
the merchandising plan as approved.
Beverage Dispcnsing Equipment Indus-
try.-Amendment approved October 3, 1934,
permits the Code Authority to incur reason-
able obligations necessary to support the ad-
uminisiration of the Code and enables it to
submit an itemized budget and equitable
basis of assessment upon members of the
industry to the National Industrial Recovery
Board for approval. Such assessments are
made mandatory by this amendment.
Folding Paper Box Industry.-Modification
approved September 27, 1934, permits the
Code Authority to incur reasonable obliga-
tions necessary to support the administra-
tion of the Code and enables It to submit an
itemized budget and equitable basis of assess-
ment upon members of the industry to the
National Industrial Recovery Board for ap-
proval. Such assessments are made manda-
tory by this modification.
Fur Dealing Trade.-Modifcation approved
October 2, 1931, brings brokers and auc-
tioneers who deal mainly for the account of
others under the Code provisions and es-
tablishes a Broker and Auction House Divi-
sion to be represented on the Code Authority
by three members.
Fur Dressing and Fur Dyeing industry-
Modification approved September 27, 1934,
provides that members of this Industry must
keep accurate and complete records of their
transactions in the industry with respect to
wages, hours of labor, conditions of employ-,
meat, number of employees, and other
matters necessary to effectuate the Code and
title I.of the National Industrial Recovery
Act. It requires any member of the industry
to furnish these reports to the Code Author-
ity, or the National Recovery Administration,
or to an agency appointed by the Code Au-
thority with the approval of the Adminis-
tration, upon request. The modification also
provides that partners, officers, directors, or
stockholders engaged In productive labor are
subject to the labor provisions of the Code;
and lists employees excepted from the pro-
visions of article IV, section 1, subdivisions
(a), (b), and (c), and section 2, subdivisions
(a) and (b).
Handkerchief Industry.-Amendment ap-
proved October 3, 1934, permits the Code Au:
thority to incur reasonable obligations neces-
sary to support the administration of the
Code and enables it to submit an itemized
budget and equitable basis of assessment upon
members of the industry to the National In-
dustrial Recovery Board for approval. Such
assessments are made mandatory by this
atpendment. Article VIII, section 19, was
also amended to provide that, under certain
circumstances, an emergency may be de-
dlared to exist in the industry and that, in
such event, stated minimum prices for prod-
ucts of the Industry may be prescribed for a
limited time.
Industrial Supplies and Machinery Distrib-
itors'-Trade.-Amendments approved October
2, 1034. The first amendment permits the
Code Authority to incur reasonable obliga-
tions necessary to support the administration
of the Code and enables it to submit an
Itemized budget and equitable basis of assess-
ment upon members of the industry to the
National Industrial Recovery Board for ap-
proval. The second amendment adds new
sections, sections 13 and 14 to article VI,
which provide that a member Of the trade
wishing to dispose of obsolete, close-out, or
discontinued items, at prices less than his
customary prices, shall file with the regional
committee in the area in which he is located,
a statement showing the quantity, sizes, and
complete description of the merchandise so
offered for sale. and the reasons for such sale.
On such sales'all invoices for merchandise so
sold shall plainly display the following
words: "Special close-out prices." Failure
to observe this rule or increasing such stock
during liquidation at the special prices is
declared nan unfair method of competition.
Any distributor finding himself in this posi-
tion shall first offer the surplus of mer-
chandise to the manufacturer thereof, and
failing to dispose of such merchandise by
this method shall offer same to the members
of the trade in the roglonal group. The issu-
ing of credit t or making of cash settlement
beyond the recoverable value of any goods
accepted by any member of the trade in ex-
change for or as part payment for any prod-

ard Gordon, Richmond. Va.: Bruce Haines,
St. Louis, Mo.; C. S. Harper, Ottumwa,
Iowa; A. W. Howe, Cleveland. Ohio: R. H.
Lyon. Baltimore, Md.; B. F. McCreary, Long
Island City, N. Y.; F. J. McNeive, Philadel-
phia, Pa.; J. A. Moncrief, Houston, Tes.;
F. 0. Schoedinger, Columbus. Ohio: C. I.
Sprowl, Newark, N. J.; Morris Strober,
Brooklyn. N. Y.; E. A. Tanner. Canton, Ohio;
H. B. Thompson, Atlanta, Ga.; and Henry M.
Uslnger, Philadelphia, Pa.
TRUCKING AREA (Slate Area of New
York).-F. J. Shortell. Troy. N. Y.; Frank S.
Gottry, Rochester, N. Y.: Duane Clark. Syra-
cuse, N. Y.: C. G. Mooney, Yonkers, N. Y.;
A. K. Ainley, Binghamton, N. Y.; and 0. T.
Villa, Buffalo, N. Y.


ucts of this trade is also declared an unfair
trade practice.
Leather Industry.-Modification approved'
October 3, 1934, adds to article II specific
definitions covering the various subdivisions
of the industry. Article XIV, Trade Terms,
is revised to provide for the liberalization of
trade terms. A new article has been added
to the Code, arti,:le XVI, which brings into
effect certain trade practices which were
deemed necessary and not in the Code as
approved. A new paragraph has heen added
to article IV, section 3, which affords pro-
tection from wage reductions for those em-
plo.nees receiving above $30 per week and
less than $45 per week.
Retail Farm Equipment Trade.-Amend-
mcent approved October 3, 1934, empowers the
National Industrial Recovery Board to ap-
point not to exceed seven additional members
of the trade, preference being given to mem-
bers of the trade in the Southern States who
are nonmembers of the constituent .associa-
tions of the federation, each member to have
equal vote. These additional members so
appointed are to serve on the Code Authority
together with other members elected in ac-
cordance with the provisions of the.Code.
Steel Casting Industry.-Amendment ap-
proved October 2, 1934, adds a schedule of
unfair trade practices and a clause on ex-
port sales with reference to the manganese
Steel casting group.
Upholstery and Decorative Fabrics Trade.-
Amendment approved October 3, 1934, per-
mits the Code Authority to incur reasonable
obligations necessary to support the adminis-
tration of the Code and enables it to submit
an itemized budget and equitable basis of
assessment upon members of the industry to
the National Industrial Recovery Board for
approval. Such assessments are made man-
datory by this amendment.


Code Authority By-

laws Approved
Bituminous Coal Industry-District K, south-
ern Colorado and northern New Mexico
subdivisional Code Authority, division V.
Bituminous Coal Industry-Northern West
Virginia sulbdivisioual Code Authority of
division I (with exceptions).
Bituminous Coal Industry-District L, north-
ern Colorado subdivisional Code Authority
of division V.
Bituminous Coal Industry-Southern subdivi-
sional Code Authority No. 2 of division I.
Chilled Car Wheel Industry.
Coffte Industry (with exceptions).
Carbon Dioxide Industry.
Cigar Manufacturing Industry (with excep-
tions).
Corset and Brassiere Industry (with excep-
tions).
Electric Hoist and Monorail Manufacturing
Industry.
Fibre and Metal Work Clothing Button Manu-
facturing Industry.
Floor and Wall Clay Tile Manufacturing In-
dustry i'provisionally).
Fuller's Earth Marketing and Producing In-
dustry (provisionally).
Imported Green Olive Industry.
Leather and Woolen Knit Glove Industry
I(with exceptions).
Motion Picture Industry (with exceptions).
Plumbing Contracting Industry (with excep-
tions).
Plumbing Fixtures Industry (with excep-
tions).
Processed and Refined Fish Oil Industry
(with exceptions).
Refrigerated Warehousing Industry.
Retail Tobacco Trade (with exceptions).
Road Machinery Manufacturing Industry.
Salt Producing Industry.
Slit Fabric Manufacturing Industry (with ex-
cept ions 1.
Stay Manufacturing Industry.
Wholesale Canvas Goods Industry.
Wrecking and Salvage Industry.


Trade Practice Com-

plaints, Plans Approved
The National Industrial Recovery Board
approved, during the past week, plans for the
organization of agencies and procedure for
the handling of trade-practice complaints aris-
ing within the following industries:
Cast Iron Boiler and Cast Iron Radiator In-
dustry.
Clay and Shale Roofing Tile Industry.
Electrical Contracting Industry.
Grinding Wheel Industry.
Heating, Piping, and Air Conditioning Con-
tractors' Industry.
Industrial Safety Equipment Industry and
Trade.
Ladies' Handbag Industry.
Lime Industry.
Medium and Low-Priced Jewelry Manufactur-
ing Industry.
Milk and Ice Cream Can Manufacturing In-
dustry.
Paper Box Machinery Industry and Trade.
Paper Making Machine Builders Industry.
Plumbing Contracting Industry.
Refrigerated Warehousing Industry.
Reinforcing Materials Fabricating Industry.
Retail Tobacco Trade.
Smoking Pipe Industry.
Standard Steel Barrel and Drum Manufac-
turing Industry.


Amendments and Modifications


it...


IA

Resume Cour


Cases

(Continued from page 3) '.
employee who receives less than the.y
minimum wages established by their
agreement. (No written opinion.).":;'
20. NAGEL v. MADES, Mun. Ct., Mitj
chell, S.D., Mat 29, 1934. (Morgan1-
J.) -..
The signing of the PRA becomes'a.
binding anet on the part of the emOa
player as soon as the Blue Eagle lIS.
displayed: The minimum-wage prob
visions thereof may be enforced .i
an employee. The employer, how-Yi
ever, is entitled to deduct the reas- .
sonable value of board furnished.
An cmpljoyee claiming compensation
tfur overtime will not be allowed 'to6.
recover it if he has destroyed h.li
own time records. (No wltte-i
opinion.) -
21. PETRUSKA v. FARINA, CO., 'Ci
Allegheny Co., Pa., No. 368, July.:6'ft
1934. (Soffel, J.)
A restaurant employee is entitled to0-
recover the minimum wage of $12'i'
per week as provided In the PRA,-3
the employer having signed theS-
agreement. Plaintiff was not ,
party to the agreement, but this isg.
not essential since she is entitled td,
recover as a donee beneficiary.
By displaying the BJue Eagle de-~!
fendant is now stopped to deny the't
applicability and efficacy of the"i
PRA. ;
Plaintiff failed to aver the basis her claim of $12 per week and faIled
to introduce as evidence the cerbifl'-H
care of compliance signed by the eta.._
player. Technically these should'
bar her action, but this result wouild;R
be contrary to the spirit of the6
N.I.R.A., particularly since plain-,
tiff's brief contains the certificate-
of compliance signed by the, defend-"'
ant. The court takes judicial notices"3
of the N.I.R.A. .
22. SARANITA v. IMBROSCIANO -_
Mun. Ct. of Cleveland, Ohio, No.
715,779, June 14, 1934. (Merriek,
J.)
The plaintiff was awarded a judg-.'.
ment for $337.27 and costs, which-,A
sum represented the difference be-.
tween what he was actually palid-
and the amount his employer agreed'- ,
to pay him by signing the PRA.
23. TAYLOR v. JOE 0. FRANK CO.,i
Mun. Ct. of Dayton, Ohio, No. 5969,'"1s
June 3, 1934. (Martin, J.) .'
An employee is entitled to recover'."
back wages, including time and one- 1
half for overtime, on the ground."'"'1
that he Is a third-party beneficiary '.1
to a valid contract entered into be-.-
tween the "employer and the PresI:-
dent. Neither the employer nor the -A
employee can waive the minimum- '
wage and or maximum-hour provi,.:r.
sions of the agreement, as excep.-
tions may be granted only by the.-.1-;
NRA. The employer received am"l-'.
pie consideration ip that it enjoyed.!-
the public's good will, governmental-.i
,support, aind the cooperation of":',
other employer-signers through the.;?
display of the Blue Eagle.
The N.T.R.A. will be presumed to be :.
constitutional until the contrary is;-
affirmatively shown.
B. PRA WAGE RATES AS REASON--
ABLE VALUE FOR SERVICES....
1. WALKER v. NOBLE & SONS, Dist. ',
Ct., Oreg., 1933. .
In a suit for wages earned prior'
to the President's Reemployment.-
Agreement, under a contract In'. c4
which the amount of compensation.:
was not stipulated, it was held that
the rates of pay established in the
agreement and under the NRA -.
Codes were the reasonable value of
the services.
[ In the Blue Eagle of October 22, 1
1934, will be printed those court cases
involving Miscellaneous Suits. J



Interpretation


Fire Extinguishing Appliance
Manufacturing Industry
QUESTION.-In filing a revised Rchedule".
under article VIII, section 1, of the Code,
what date shall be taken as the date of
filing? '
INTERPRETATION.-It Is Interpreted i%
that the date of receipt of price schedules In .. i
the office of the Association (or such other .;;
office as may be designated by the Code An, *
thority) shall be taken as the date of filing. ":



.. .,:a|::










tawaii Now Has

RetailCode

lv-NRA Provisions Affect 2,800
establishments, Employing
!15,000 People, and Follows
H I Mainland Retail Code
| .. -Clesely

The National Industrial Recovery Board
aL 'approved a Code for- the retail trade in
8'tTerritory of Hawaii. This Code will
fact some 2,800 establishments, employing
0 ut 15,000 people. It will become effec-
'e-October 29.
This is the first approved Code to apply
eily'to the Territory.
Supplementary schedules appended to the
de contain special provisions for retailers
Xdriugs and allied products; food, groceries,
4& their allied products; music and radio;
a ectric refrigeration; Jewelry and allied
ducts; and photography and photo-finish-
The Code for Hawaii follows the mainland
Ctall Code closely. The hours provisions are
Identical, establishing a basic maximum
ork week of 40 to 48 hours, depending on
ulatlon and hours of store operation.
unm wages follow the same scale but
r:lower for Hawaii than on the continent,
From $9 to $12 a week.
.l'he average work week in retail shops in
B e Territory has been 65 hours, and the
Code will bring about a substantial increase
in. employment.
'Wages now paid In a large percentage of
ae establishments have been as low as $5
$6 a week. The minimum wage provi-
,.,ons of the Code will double the pay roll of
,any shops, it is estimated.
4The board's order approving the Code
ecifically exempts members of the trade
im the provisions of any other Code, to the
elent they are engaged In retail trade in
.i'ail. It also stays the minimum wage
visionss as to outside salesmen, and as to
enployeei of retail.drug establishments who
end 60 percent of their time delivering
*ierchandlse outside of the shop.
.,.Any division of the retail trade which has
"St participated In the establishment of this
le may apply for a separate Code. In the
Meantime they are covered by this Code.
...The Code applies to all selling of mer-
handlse to the consumer and not for resale"
I" the Territory of Hawaii, but selling milk
Lad dispensing of drugs by doctors in the
Sgitimate practice of their professions are
xmpted.
gAdministratlon of the-Code is entrusted to
erritorial Code Authority made up of the
airman of the county executive committees
he 'retail association of Hawaii. The
-nty-executive committees are to act as
-unty Code Authorities.
The tride practice provisions and the
iedules for the various divisions of the
ade follow very closely the rules approved
or-Athose trades on the. mainland.


Interpretation


Graphic Arts Industries
p2-FACTS.--The Compliance Division of the
HrRA, through the'office of the State Director,
beatou, Mass., at the request of the Labor
Smpllance Officer, has asked for an inter-
s station of the above-mentioned paragraph,
Ihich reads as follows:
E"Each establishment, with the exception
ofkthose-
('..). Which are operating under wage agree-
&ient.. arrived at by collective bargaining;
Knd"
(2) Those which are paying not less than
,the wage rates which they were paying on
1uly 15, 1929, shall make Increases In its
ueage hourly compensation for all classes
f. skilldd labor, within 80 days after this
Code. becomes effective, on the following
"isia
N" Including increases made under paragraph
:1 of this section each plant shall Increase
'the hourly rates to a point where (including
R:Increases made since July 1, 19331 they are
B10 percent higher than the hourly rates in
effect on July 1, 1933, with this limitation,
:that they need not increase rates above those
paid on July 15, 1929, in the same plant, or
.:above those paid In similar plants in the
.same locality coming within the above
Clauses (1) or (2)."
Q UESTION.-Does the limitation that
ates need not be Increased above those paid
Similar plants in the same locality which
Ste paying not less thau the wage rates
hlch they were paying on July 15, 1929,
efer to similar plants in the same locality
Which, on the effective date of the Code, were
paying the July 15, 1929, rates, or to such
plantss which, within 30 days after the effec-
*iitive date of the Code, were paying such
,.rates?
: INTERPRETATION.-The limitation that
..:,rates need not be increased above those paid
... similar plants In the same locality which
;..are paying not less than the wage rates which
:.;they were paying on July 15, 1929, refers to
P:;;:ch plants which, within 30 days after the
:effective date of the Code, were paying such
is;:* r8tes.


Valves and Fittings Manufac-
turing Industry and Pipe
Nipple Manufactur-
ing Industry

Code of Fair Competition for the Valves
and Fittings Manufacturing Industry. Ap-
proved Code No. 153, article II.
Members of the industry.-The term
'member of the industry', as used herein,
shall mean any producer who manufactures,
wholly or In part, any of the products of the
industry,, as herein defined, for sale; and
any pipe fabricator who assembles any of
said products with pipe fabricated by him,
for sale."
Code of Fair Competition for the Pipe Nip-
ple Manufacturing Industry. Approved Code
No. 131,'article II, section 1 and section 3.
Section 1. "The term 'Pipe Nipple Manu-
facturing Industry', as used herein, means
the -manufacturing (for sale) of pipe
nipples."
Section 3. "The term 'member of the In-
dustry', includes, but without limitation, any
Individual, partnership, association, corpora-
tion, or other form of enterprise engaged In
the industry, whether as an employer or on
his or its own. behalf."
FACTS.-The A company owns exclusively
certain patterns and designs for making
valves and fittings and pipe nipples. It sends
these designs to the X foundry, which makes
rough castings from said patterns and de-
signs and ships the castings on the order of
A company, to the Y machine shop. The Y
machine shop machines and finishes said cast-
ings, and then ships the product on the order
of A company, and in A company's name, to
the Z company. The Z company threads the
finished product, and ships same either to
the A company or directly to a member of
the trade, in the name of the A company.
The work performed by the X, Y, and Z
companies Is done under contracts with the
A company, upon a tonnage basis. Under the
contracts, the X company is prohibited from
making castings from A company's designs
and patterns for any other person or
company.
QUESTION.-Is the A company a manu-
facturer and member of said industries
within the meaning of the definitions in said
Codes'?
INTERPRETATION.-It is ruled that any
person who manufactures for sale, wholly or
In part, any of the products df the VhAlves
and Fittings Industry, and any pipe fabri-
cator who assembles any of said products
with pipe fabricated by him, for sale, whether
he or it is engaged exclusively in the manu-
facture of any of said products, or is en-
gaged als9 in some other Industry, and
whether so engaged as an employer or.on
his or its own behalf; and whether he ac-
tually makes the products of said Code in
his own plant or has them made for him, to
his own specifications, or from his own de-
signs or patterns, or otherwise, is a manu-
facturer and a member of the industry within
the meaning of the definition In the Valves
and Fittings Manufacturing Industry Code,
Sand is subject to the provisions of said Code.
Any person who manufactures pipe nipples
for sale, whether he is engaged exclusively
in the manufacture of said products, or is en-
gaged also In some other Industry, and
whether so engaged as an employer or on his
-own behalf, and whether he actually makes
the products of said Code in his own plant
- or has them made for him, to his own speci-
ficatiops, or from his own designs or patterns,
or otherwise, Is a manufacturer and a mem-
ber of the industry within the meaning of
the'.definition in the Pipe Nipple Manufac-
turing Industry Code. and Is subject to the
provisions of said Code.

Athletic. Goods Mfg.
FACTS.-The applicant has received notice
from G. M. Price. State NRA compliance
director for Illinois, that a member of its
industry has been cited for violation of sec-
tion 3, article II, and section 3 (f), article
Ill, which have to do with labor provisions
for watchmen. The watchmen furnished to
the alleged violator are on the pay roll of a
watchmen service company. The subject
Code Authority has been of the opinion that
the aforementioned sections are applicable
only to those watchmen employed by, and on
the pay roll of, members of the Athletic Goods
Manufacturing Industry.
QUESTION.-To which Code or Codei of
Fair Competition are the employees of watch-
men service companies subject?
INTERPRETATION.-Ilnasmuch as there
Is' no approved Code for watchmen service,
employees of such companies are covered by
the President's Reemployment Agreement, ex-
cept in those instances where Codes specifi-
cally provide for such service. In view of the
fact that in the Instant case the Athletic
Goods Manufacturing Code specifically covers
such service, and that article II, section 3, of
said Code provides that the term Em-
ployee' * includes any person en-
gaged in any phase of the Industry, Irrespec-
tive of the method of payment of his com-
pensation, except a member of the industry ",
it is ruled that said watchmen shall be gov-
erned by the labor provisions of the above-
named Code.


Concrete Masonry
FACTS.-The Code provides in article II,
section 1, as follows: "Industry.-The term
' Industry' as used herein includes the manu-
facture, and sale by those who manufacture,
of block, brick, or tile building units made of
Portland cement concrete, primarily for
structural use."
The Code provides in article II, section 4,
as follows: "Member of the Industry.-Tbe
term Member of the Industry' as used
herein includes anyone engaged in the in-
dustry as above defined, either as au em-
ployer or on his own behalf."
QUESTION.-(a) Are manufacturers of
concrete masonry units, who do not offer In-
dustry products for sale, but use the ma-
terial of their own manufacture for their
own use, members of the industry?
INTERPRETATION.-Anyone engaged in
the Industry as defined In section 1 of article
II is a member of the Industry, whether or
not he offers industry products for sale or
sells such products.
FACTS.-Many of the provisions of the
Code relate to sales and trade practices,
whereas other provisions of the Code relate
to hours, wages, and working conditions of
employees.
QUESTION.-(b) If so, are they tthose
who manufacture but do not sell industry
products) subject to all the provisions of the
Code?
INTERPRETATION.-Since this Is a
Code of Fair Competition for the industry
and Is binding upon every member thereof,
every member of' te Industry, as defined In
the Code, Is subject to all the provisions of
the Code. However, If a given provision
covers a function in which a certain member
of the Industry is not engaged, then that
provision Is not applicable to that member
and, accordingly, members of the Industry
who do not engage in sales are not subject
to the provisions of the Code relating to sales
and trade practices. However, every mem-
ber of the Industry is subject to every ap-
plicable provision of the Code; and in the
case of a member who does not engage in
sales and trade of commodity, such member
would be subject to the labor provisions and
all other provisions of the Code except those
relating to functions In which the given mem-
ber Is not engaged. ,
FACTS. The basis of assessment ap-
proved by the Administrator on June 28,
1934, is as follows: "The basis of issess-
ment shall be one-half of one percent ('% of
1%) of the total current gross yard or plant
sales of industry products for the calendar
year 1934, payable on a quarterly basis."
QUESTION.-(c) Are they (members of
the industry who do not sell industry prod-
ucts) subject to our approved method of
assessment and must they pay' their pro-
portionate share of the administration of the
Code Authority.
INTERPRETATION-SInce the basis of
assessment relates to sales of Industry prod-
ucts, a member of the industry manufactur-
ing but not selling Industry products, under
the present approved basis of assessment,
would not be required to pay his proportion-
ate share of the administration of the Code
Authority.

Wholesale Food and Grocery
Code
FACTS.-It appears that In certain In-
stances food and grocery products are pur-
chased by food and grocery retailers from
manufacturers or manufacturers' agents and
shipped direct by the manufacturer to such
food and grocery retailers but billed to a
food and grocery wholesaler who in turn
bills the same to a food and grocery retailer
and who receives payment therefore.
QUESTION.-Is such a sale governed by
the provisions of article VII, section 12 of
the Code of Fair Competition for the Whole-
sale Food and Grocery Trade?
INTERPRETATION.-It is held that in
such a transaction the food and grocery
wholesaler being an actual party to the
transaction through the goods being billed to
him and collected for by him, then and In
that event the selling price of said goods
must be fixed in conformity with the provi-
sions of article VII, section 12 of the Whole-
sale Food and Grocery Code.

Knitted Outerwear .Industry
FACTS.-Artilcle X, section (c) of the
Code provides as follows:
"No member of the Industry shall sell or
offer to sell knitted outerwear products to
the retail trade upon terms other than a
maximum discount of 8 percent for payment
on the 10th dao. of the month following that
of shipment."
A customer requests a member of the In-
dustry for an agreement that if his purchases
over a period of 1 year aggregate $100,000
or more In volume he will receive an addi-
tional 2 percent as rebate or discount.
QUESTION.-Would the payment of a 2
perei-nt discount in addition to that pro-
vided in article X, section (e), of the Code.
when bnsed upon volume of purchases and
which Is agreed to by the buyer and seller
at the time of sale, be a violation of the
Code?
INTERPRETATION.-It is ruled that
any discount above that allowed In article
X, section (c), of the Code, when based upon
volume of purchases, Is prohibited by the
Code If the agreement to pay such discount
Is made as one of the conditions of the sale.


Interpretations


U I GOVIRPIMZNT PEINTINI OCFFICI' 1634


A.~,.: 'C


Intercode Agency T

Handle Overlapping:

Code Complaintsforl
Coat and Suit

Industry
or' .
The National Industrial Recovery Boar:.
has approved an order creating an inter'
agency of three members to investigate coni.
plaints of the overlapping of Jurisdiction of.
the Codes for the coat and suit industry ani
dress manufacturing industry. .
The agency will include the chairman oP:
the intercede committee of the Code Author."
ity for the dress manufacturing industry-;
the chairman of the intercode committee for"
the coat and suit industry, and an Impartial.
chairman to be selected by the two. In the
event of their failure to agree, the third'i
may be named by the National Industrial.
Recovery Board.
The order provides that the agency shall
forward to the National Industrial Recover
Board its determination of disputes witl
24 hours. Its determination will become
effective within 5 days after receipt by the
board unless that body disapproves. *
The expenses of the agency will be borne
equally by the two Code Authorities. :


Cotton Textile Tradei

Appoints Committee....

for Machinery

Application

The plant extension subcommittee for the:
finishing branch of the cotton textile indusQ
try has been empowered by the National In-.
dustrial Recovery Board, to pass upon ap.
plications for installation of additional pro-'
ductive machinery in the finishing branch
Such powers had been conferred upon th:.
plant extension subcommittee for the Code'
Authority for the entire industry on April k.
I1he Code Authority, recognizing the exist.-
ence of problems peculiar to the finishing,
branch, recommended that a committee report
senting the finishers deal'with their applidi
dons. .
Applications by members of other branches
of the industry for registration and install.
tion of new machinery will continue to bI
-handled by the plant extension subcommittee
of the general Code Authority. ..


Supplemental Code for

Sawmill Machinery'.
Approval of a supplemental Code of fair
competition for the sawmill machinery Bib
division of the machinery and allied prodnctin
industry has been announced by the Natiosl
Recovery Administration. The Code becosmf
effective October 22.
The supplemental Code adopts the maste
Code's labor provisions. The industry B;
perienced a decline in man-hours from 34,6U.
In 1929 to 6,930 in 1932. Despite an increa
in man-hours to 13,750, or 98.5 percent,
1933, over the 1932 level, it is expected thi
the average work week will be 36 bout
rather than the 40 hours established by tO.
master Code.
The supplemental Code also adopts tD
master Code's minimum wage provisions, P.i
hiding employees In the South a flat aini'.
mum or 32 cents per hour, and in other WA
tions 40 cents per hour In cities of over 50,CO
population, 38 cents in cities between 10,0
and 50,000, and 86 cents In cities of 10,04
or less.
Provision is made for the prohibition e.
sales below reasonable cost, if the Codb An-
thority, with the approval of the adminisntI
tion, determines that an emergency exists i
the Industry.
Under the approval order, the 10-day !vsl
ing period for prices to become effectiveaf.
filing, specified in the open-price filing sYdti:
Is stayed pending further order.
'rthe industry manufactures machinery and
parts necessary for sawmill operation.


Interpretation

Retail Solid Fuel Industry
FACTS.-A large-coke company In Bos,
employs telephone solicitors, who call
spective customers at their residences d"r
the day In an endeavor to secure con0trt5
for the coming season's requirements of fe.
They start at 9 in the morning and atre I'
occupied until 2 or 3 in the afternoon.
which time they leave the office and pers5!
ally call upon those whose orders-they 1
received over the telephone for signall8
the contracts. Thls, of course, eatas i
tional hours; some immediately go bae
then in the evening after dinner CWl
their prospects for signatures to the contrOs
QUESTION.-Should these workers.
classed as inside or outside salesmenn;
INTERPRETATION.-These employeea.j
classified ai outside salesmen and SIIQ!
only be employed by the above-mentioDe ..r
cern in that capacity. ".a