Citation
Amendment to code of fair competition for the packaging machinery industry and trade as approved on February 18, 1935

Material Information

Title:
Amendment to code of fair competition for the packaging machinery industry and trade as approved on February 18, 1935
Portion of title:
Packaging machinery industry and trade
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
5 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Packaging machinery industry -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1399-30."
General Note:
"Approved Code No. 72--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004922104 ( ALEPH )
639982958 ( OCLC )

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Approved Code No. 72-Amendment No. 2 Registry No. 1399-30


NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


PACKAGING MACHINERY

INDUSTRY AND TRADE


AS APPROVED ON FEBRUARY 18, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


S e by the Superinenden of Docume Washington, D.C -
For aale by (he Superinlendeni of Documen is. Washington. D. C. - Price 5 cint


Approved Code No. 72-Amendment No. 2


Registry No. 1399-30






















This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COM MERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y.: Chamber of Commerce Building.
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Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
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Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 72-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

PACKAGING MACHINERY INDUSTRY AND TRADE

As Approved on February 18, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION MOR THE
PACKAGING MACHIINERY INDUSTRY AND TRADE
An application having lIbet( duly made pursuant to and in full
complinnrce with the provisions of Title I of the NationIl Industrial
Recovery Act, approved June 16, 19:33, for approval of an amend-
ment to the Code of Fair Competition for the Packaging Machinery
Industry and Trade, and a hearing having been duly held thereon
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President:
NOW, THEREFORE, mn behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859. Idted September 27, 1934, and other-
wise; does hereby incorporate, by reference, said annexed report and
does find that said anmendiient and the Code as con itituted after
being amended 'comply in all respects with the pertinent provisions
and will promote the policy and purposes of said Title of said Act,
and does hereby order that said amendment be and it is hereby
approved, and that the previous approval of said Code is hereby
amended to include an approval of said Code in its entirety :is
amended.
NATIONAL INDU TRIAL RECOVERY BOARD,
By W. A. HARRIMAN, .Admini,;./rative Officer.
Approval reconullenlded:
BARTON W. MURRAY,
Division .A dim i; ,it/ rator.
WAASHINGTON, D. C.,
February 18, 1935.
116654--1603-14-35 (1)











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIp.: This is a report on an amendment of the Code of Fair Com-
petition for the Packaging Machinery Inlduistry and Trade, approved
October 31, 1933, and ame lnded July 17, 1934, to amplify and clarify
the definition of the Industry, and to add certain provisions to the
Articles of the Code relating to Employment, Wa;IL.-, Hours, State
Labor Regulations and Activities of the Code Authority. The
amendment was proposed by the Code Authority for said Industry.
This amendment is designed to replace Section 1, Article II; Sec-
tion 1 (d), Article VII: and Article IX; and to add Sections 2
and 3 to Article V; Section 1 (e) to Article VIII; and Sections 5 and
6 to Article X. A hearing on this amendment was held July 26,
1934. No objections were received.

FINDINGS

The Deputy Administrator, in his final report on said am-ienilment,
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
The National Indu-trial Recovery Board finds that:
(a) The amendment to said Code and the Code as amended are
well dvi-imned to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry, for the purpose
of cooperative action of labor and mangament under adequate gov-
ernmental sanction and supervision, by eliminatingii unfair competi-
tive practices, by promoting the fullest possible utilization of the
pre-nt productive capacity of industries, by avoiding undue restric-
tion of production, by inir-rc.ing the consumption of industrial and
agricultural products through increasing )purclia. ii g power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise re1r;bilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Silbi-crtion (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to pret.it the afore-
said amendment on behalf 'of the Industry as a whole.
(d) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.








(e) The amendment and the Code as amended are not designed to
and will not elininaitte or oppress nia ll enterpri-se and will not oper-
ate to dis(riminilat against them.
(f) Those einga;ied in other steps of the economic process have
not been deprived of the right to be ]heard prior to approval of said
amendment.
For these reasons, therefore, the amendment has been approved.
For the Nltional Industrial Recovery Board:
W. A. HARRInM.1N,
Adini ;trailve Officer.
FEBRUARY 18, 1935.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PACKAGING MACHINERY INDUSTRY AND
TRADE
ARTICLE II-THE INi'.-'IHY AND TRADE

Amend Section 1 to read as follows:
"The term packaging machinery industry ', as used herein, is
defined to mean the manufacture of power-driven automatic and
semiautomatic or hand or foot operated machinery and/or equipmetnti
and parts thereof used in the manufacture of packages (except ma-
chinery and/or equipment for the manufacture of glass, wood and
metal packages specifically included under codes of fair competition
approved by the President) and nailing machines and machinery
and/or equipment and parts therefore used in packaging processes
and/or in the preparation of products for shipment, and such other
related machines and/or equipment as may be incorporated in the
definition of the industry upon approval of the President."

ARTICLE V-EMPLOYMENT

Number sole paragraph in Article V as Section 1 and add Section
2 to read as follows:
SECTION 2. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code."
Add Section 3 to read as follows:
SECTION 3. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards of safety and health shall be tul mitted by the
Code Authority to the National Indi trial Recovery Board within
six months after the effective date of this amendmentt"

ARTICLE VII-VAGhES

Amend Section 1 (d) to read as follows:
"A person whose earning capacity is limited because of age or
physical or mental handicap or other infirmity may be employed on
light work at a wage below the minimum established by this Code
if the employer obtains from the State authority designated by the
United States Department of Labor a certificate authorizing his
employment at such wage, and for such hours as shall be stated
in the certificate. Each employer shall file monthly with the Code
Authority a list of all such per.ons- employed by him, showing
the wage paid to, and the maximum hours of work for, .such
employee."







ARTICLE VIII-HouRS

Add sub-sectiin 1 (e) to read as follows:
"For the purposes of providing fact !l information on the effects
of the hours and wages provisions of this Code, each member of
the Industry and/or Trade shall report to the Code Authority for
the information of the National Industrial Recovery Board such
statistics as the National Industrial Recovery Board may require."
ARTICLE IX-STATE REGULATIONS

Amend Article IX to read as follows:
"No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, or insurance, or fire protec-
tion, than are imposed by this Code."

ARTICLE X-CODE AUTHORITY

Add Section 5 to read as follows:
Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber of the Code Authority be liable in any manner to anyone for
any act of any other member, officer, agent or employee of the Code
Authority. Nor shall any member of the Code Authority, exercising
reasonable diligence in the conduct of his duties hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his own wilful malfeasance or non-feiaance."
Add Section 6 to read as follows:
"If the National Industrial Recovery Board shall at any time de-
termine that any action of a Code Authority or any agency thereof
may be unfair or unjust or contrary to the public interest, the Na-
tional Industrial Recovery Board may require that such action be
suspended to afford'an opportunity for investigation of the merits
of such action and further consideration by such Code Authority or
agency pending final action which shall not be effective unless the
National Industrial Recovery Board approves or unless it shall fail
to disapprove after thirty (30) days' notice to it of intention to pro-
ceed with such action in its original or modified form."
Approved Code No. 72-Amendment No. 2.
Registry No. 1390-30.




UNIVERSITY OF FLORIDA

S1262 08336111 651 7
3 1262 08336 651 7




Full Text

PAGE 1

Appro' ed C od e No. 72-Amend m ent N o. 2 R eg i stry N o . 13 99 3 0 I A NATIONAL RECOVERY A DMINISTRATION AMENDMEN T TO CODE OF FAIR COM PETITI ON FOR THE PACKAGING MACHINERY INDUSTRY AND TRADE o-=-• AS APPROVED ON F E BR U AR Y 1 8 , 1 935 ,... __ A WE DO OUR PAR'r UNITE D STATES GO VERN MENT PRINTING OFFICE WASHINGTON: 1 935 For saJ e by the S uper intendent of Documents , W a s hington , D. . -------P rice 5 C(.nts

PAGE 2

This publication is for sale b y the Superintendent of Documents, Government Printing Office, Washington, D. C., and by tiistrict office s of the Bureau ot Foreign and Domestic Commerce. DISTRICT OFFICES OF TBE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. B os ton, Mass. : 1 8 01 Cust omhouse. Buffalo, N. Y.: Chamber of Comrnerce Building. Cllarleston, S. C.: -Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North \-Vells Street. Clev eland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, 80 1 First National Bank Building. Houston, Tex.: Chamber of Colllme rc e Building. Iridianapolls, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Br
PAGE 3

Approved Code No. 72-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE PACKAGING MACHINERY INDUSTRY AND TRADE As Approved on February 18, 1935 ORDER APPHOYING AMEND:MEXT O F Co o E O F FAIR CoMPETITION F'On THE PACK AGING MAC HINERY INDUSTRY AND TnA D E An app li catio n haYin g b ee n duly made pursnant t o a n d in full compliance with t h e pro-ri. i o n s of Title I of the National Incln striai l{,eco v e r y Act , a p p r o v e d tT nn e 1 6 , 1933, for approval o f an ame i1l1m ent t o the Cod e o f Fair Competi tio n f o r the Packaging Machine r y Industry and Trade, and a h e a ring having b ee n dt1l y h eld the reon and the anne x e l r e p ort o n aid a m e n d m ent, containing finding s "ith r e p ec t the r e t o , having b ee n m a d e and rlir ec t e d to the Pre ide n t : NO\Y, THEREFORE, o n b e h alf o f the President o f the United , tates, the National Inclu trial R eco v e r y B oard, pur suant t o authority v e t e d in it b y Exec utive Onle r s o f the President including Exe utive Orde r No. 6 85 9 ; d a t e d Septembe r 27, 1 934 . and otherwi e; h e r e b y incorpo r a t e , by r e f e r e n ce, said anne x e d r e p ort a nLl d oes find that said ame n d ment a n d the Code a s co n . titute d after being amende d comply in all r es p ec t s with the p ertinent prov i s i o n s and will promo t e the p olicy and purposes of said Title o f said A c t , and doe h e r eby orde r that . aiel amendment b e and it i s h e reby approved, and that the previ ou s approval of said Cod e i s h e r e b y amende d t o inclu l e an approval o f said Code in it entire t y as . amende d. NATIONA L INDUSTRIA L RE c o vERY BoARD, By \iV. A. HARRIMAN, Adm. i nis t 1 •ative Officer. Approval r ecommended: B RTOK \iV. M RRA Y Divisio n Ad m .inistra t ' o r . \VA ' HIN GTON' D. c. F e b r u ar y 1(, 19 S5 . 11 665 4 ----1603-14----35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT The White House . Srn: Thi i s a report on an amendment of the Code of Fair Com petition for the Packaging 1\1achinery Industry and Trade, approved October 31, 19 33, and amended July 17, 1934, to amplify and clarify the definition of th Indu try, and to add certain provision to the Articles of the Code relating to Empl oyment, \Vages, Hours, State Labor Regulati on and Activities of the Code Authority. The amendment was proposed by the Code Authority for said Indus try. This amendment i s designed to replace Section 1, Article II; Sec tion 1 (d), Article VII: and Article IX; an l to add Sections 2 and 3 to Article V; Section 1 ( e ) to Article VIII; and Sections 5 and 6 to Article X . A hearing on this amendment was h e l d July 26, 19 34 . No objections were rec e iv ed . FINDINGS The Deputy Administrator, in his final report on . aid amendmen t, having found as h e r ein set forth and on the basi of all the proceed in gs in this matter: The Nati ona l Industrial R ecovery Board finds that: (a) The amendment to said Code and the Code as amended are well de igned to promote the po l icies and purpo es of Title I of the National Indu trial Recovery Act including the removal of ob truc tions to the :Ere flow of inte rstat e and fore ign com merce which tend to diminish the amount thereof, and will pro\ ide for the genera l welfare by promoting the organization of industrj. for the purpose of cooperative action of l abor and mangament under a lequate governmental sanctio n and s up ervis ion, by eliminating unfair com peti tive practices, by promoting the fullest pos ibl e utilization of the present productive apacity of indus tries, by av i ding un 1ue re triction f production, by incr a ing the consumption of indu trial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improvin g tandards o f labor, and by otherwise rehabilitating industry. (b) The Code as amended comp lie s in a ll re pect with the pertinent provisions of aid Title of said Act, including without limitation Sub ection (a) of Section 3, Subsection (a) of Se c tion 7, and Sub ection (b) of Section 10 thereof. ( c) The Co Je empower the Code Authority to pre en t the afore said amendment on b ehalf o f the Indu try a a whole. (d) The amendment and the Code as amended arc not designed to and will no t permit monopolie or monop o li stic p r ac tices. (2)

PAGE 5

3 (e) Th amendment and th Co 1 a am n le l are not d signed to and will not liminate or or pre s mall ent rpri s and will not operat t eli-riminat again t them . (f) Tho enoa()' d in other t p s of th economic proce have not been le . pri'i d f the rjght to b heard prior to approval of said amendm nt. For th e rea on , therefore, th amendment ha been approved. For th National Indu trial Recovery Board: FEBRUARY 18, 1935. vv. A. HARRIMAN, .Adn&i111istrative Officer. •

PAGE 6

TO CODE OF FAIR CO:MPETITION FOR THE PACKAGING MA HINERY INDUSTRY AND TRADE ARTI LE IITHE INDUSTRY AND THADE Amend Se c tion 1 to read a follow s : " The term ' pa kaging ma chinery indu try ', a s u se d h e rein, i s clefine d to mean the manufacture of power-driven automatic and semiautomatic or hand or foot operated ma chinery and/or equipment and parts thereof used in the manufacture of package s (except Ina chinery and/or equipment for the manufacture of gla , wood and m etal package. s pecifi c ally included under c ode. of fair competition approved by the President) and nailing machines and ma hinery and/or equipment and part therefor used in packaging proces es and/or in the preparation of products for shipment, and s u c h other r elated ma chines and/or equipment a s may b e incorporated in the definition of the in c1ustry upon npproYal of th President." AHTICLE Numbe r sol e paragraph in Article V a s Section 1 and add Section 2 to r ea d as follow : " SEcTrox 2. No e mploy e r shall recla ssify employees or dutie of occupation performe d or engage in any other s o as to d e f ea t the purposes or of the A c t or of this Code." Add Section 3 to read a . follow : " SECTION 3. employer shall provide for the . afety and health ()f employees during the hourv and at the places of employ m e nt. Standards of afety and health shall . b e s ubm1tted by the Code Authority to the National Indu. trial Board within six month::; after the effectiYe date f this amendment. " AHTICLE ' AGES Amend ection 1 (d) to read a follow s : "A perso n whose earning capacity i limited becau se of age or physical or m ental handicap or other infirmity may be employed on light work at a wage b e low the minimum e tablished by thi Cole jf the employer obtain from the State authority le signated by the United States Department of Labor a certificate authorizing his emp lo yment at s u c h wage s and for s u c h hour a hall be tated i11 the certificate. Eac h employer hall file monthly with the Cod::. Authority a lit of all uch pers on . employed by him, showing the wage paid to, and the maximum hours of work for, u c h employee.' (4) •

PAGE 7

5 AnTI LE VIII-I-Iouns All ube tion 1 ( ) to r ad as follow : For th purpo e of providin factunl information on the effects of th h our and wao I rovi ion s of thi Code, each m e mb e r of the Indu try an 1/ r Trade hall report to the C de Authority for the information of the National In lu trial R ecovery Boa-rd uch stati tic a the National Indu trial Recovery Board may require." ARTICLE I X-STATE REGULATIONS Amend Articl e IX t o read as follow s : No I roYi ion in thi Code shall supersede any State or Fede r a l law which impo es on employers more stringen t requirements a s to uge o f employees, wages, hours of work, o r as to saf ety, health, sanitary o r ge neral working conditions, or insurance, or fir e protection, than are impo ed by this Code." ARTICLE X-CODE AUTHORITY Add Section 5 to read as follows : " Nothing contained in this Code shall con stitute the members of the Code Authority partners for any purpose. Nor s h all any m.ember o f the Code Authority be liable in any manner to anyone for any act of any other m e m ber, officer , agent or emp l oyee of the Code Authority. Nor shall any member of t h e Code Authority, exercising r easonable diligence in the conduct of his duties h ereunder, be li ab le t o anyone for any action or omiss i on t o act under this Code, excep t for hi own wilful malfeas ance o r non-feasance ." Add Section 6 to r ea d as follows: "If the National Industrial Recov ery Board shall at any time de t ermine that any action o f a Code Authority or any agency thereof m ay be unfair or unjus t or C
PAGE 8

-........ • ' UNIVERSITY OF FLORIDA l l llllllllllll llll l l l / 1 3 1262 08336 651 7


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