Citation
Amendment to code of fair competition for the throwing industry as approved on April 19, 1934

Material Information

Title:
Amendment to code of fair competition for the throwing industry as approved on April 19, 1934
Portion of title:
Throwing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D. C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
6 p. : ; 24 cm.

Subjects

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

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 274-1-01."
General Note:
"Approved Code No. 54--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:
005050406 ( ALEPH )
63655716 ( OCLC )

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Full Text







IoNAL RECOVERY ADMINISTRATION





AMENDMENT TO

:CODE OF FAIR COMPETITION

I FOR THE


N.ROWING INDUSTRY

l ::.;AS APPROVED ON APRIL 19, 1934
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This publication is for sale by the Superintendent of Documedti,
Printing Office, Washington, D.C., and by district offices of the Butiau of
and Domestic Commerce.

DISTRICT OFICE OF THE DEPARTMENT OF COMMERCE .

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street. I
Cleveland, Ohio: Chamber of Commerce.
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Approved Code No. 54-Amendment No. 2

AMENDMENT TO CODE OF FAIR COMPETITION
S' FOR THE

THROWING INDUSTRY

As Approved on April 19, 1934


ORDER

MODIFICATION OF CODE OF FAIR COMPETITION FOR THE THROWING
INDUSTRY

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a modifi-
cation of the Code of Fair Competition for the Throwing Industry,
and the annexed report on said modification, containing findings
with respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said modification and the Code as
constituted after being modified comply in all respects with the per-
tinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that said modification be and
Sit is hereby approved, and that the previous approval of said Code
1 is hereby modified to include an approval of said Code in its en-
j.~ tirety as modified, such approval and such modification to take effect
Stein days from the date hereof, unless good cause to the contrary is
:shown to the Administrator before that time and the Administrator
I issues a subsequent order to that effect.
:HUGH S. JOHNSON,
::Administrator for Industrial Recovery.
Approval recommended:
H. 0. KING,
Division Administrator.
WiWASHINGTON, D.C.,
.: April 19, 1934.
s:."4: 539490-482-109--341 (1)
WI.)












REPORT TO THE PRESIDENT
The PRESDENT, .' : : .: *
The White House.
SIR: The attached revision of Section 4 of'the Code of Fair Com-r'
petition for the Throwing Industry has been made primarily so that:
the administrative provisions of this code will conform with tihe::
standard provisions contained in. more recently approved codes.
The Code Administration Committee for the Throwing Industry !
originally submitted a provision providing only for the power to:
assess the industry for the cost of administering the code. A copy .
of their proposal was inserted in the weekly bulletin of the Throw-::::
sters Research Institute and sent to all members of the trade. This
notice also stated that if anyone had any objections they .should be :
filed in writing with the National Recovery Administration. No.".:.
objections were received.
As long as this amendment was being made to the code, it was
thought advisable to revise the entire administrative section as pre-o
viously mentioned.
FINDINGS '
The Deputy Administrator in his final report to me on said modi-
fication of said Code having found as herein set forth and on the.
basis of all the proceedings in this matter: ..
I find that: .
(a) The modification of said Code and the Code as modified ar.it
well designed to promote the policies and purposes of Title I of th)e..
National Industrial Recovery Act including the removal of obst'ru. ':::
tions to the free flow of interstate and foreign commerce which teo.i:
to diminish the amount thereof, and will provide for the gene. .
welfare by promoting the organization of industry for the purp
of cooperative action among trade groups, by inducing and maiSJ.
training united action of labor and management under adequate gt
ernmental sanction and supervision, by eliminating unfair coi,
tive practices, by promoting the fullest possible utilization o
present productive capacity of industries, by avoiding undue
tion of production (except as may be temporarily required), by'i
creasing the consumption of industrial and agricultural produ
through increasing purchasing power, by reducing and relievii"
unemployment, by improving standards of labor, and by othi
rehabilitating industry.
(b) The Code as modified complies in all respects with the perti-"
nent provisions of said Title of said Act, including without limitati ni'
Subsection (a) of Section 3, Subsection (a) Section 7 and SubseL.t io
(b) of Section 10 thereof.
(c) The Throwsters Research Institute was and is an industrial
association truly representative of the aforesaid Industry and t
(2)





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seaid' association imposed and imposes no inequitable restrictions on
i admission to membership therein and has applied for or consents to
i this, modification.
(d) The modification and the Code as modified are not designed
: to and will not permit monopolies or monopolistic practices.
l 4)ii0: The modification and the Code as modified are not designed
: To and will not eliminate or oppress small enterprises- and will not
Operate to discriminate against them.
S () Those engaged in other steps of the economic process have not
i4 en "deprived of the right to be heard prior to approval of said
w, modification.
:. jor these reasons, this modification has been approved.
respectfully,
"." HUOH S. JOHNSON,
Administrator.
,. ,. 19, 1934.











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The present Section 4 shall be deleted from the Code anm:l' ::!
Following Section inserted in its place. ..
SECTION 4. Administration.-(a) To further effectuate the t a': -
cies of the Act, a Code Administration Committee is set up to' cop'- .
rate with the Administrator as a Planning and Fair "Practicp::.:
Committee for the Industry. This Committee shall consist :o
twelve members in addition to the President of the Throwsteni
Research Institute, Inc., who shall be chairman. The exeiutiv e:
Secretary of the Throwsters Research Institute, Inc., shall serve as :
Secretary of the Code Administration Committee. There shall ."be
at least one committee member chosen from each of the following
groups of employers-commission throwsters of weaving yarns, corn- :*
mission throwsters of knitting yarns, rayon and/or cotton weavers, ::
knitters, yarn dealers, and silk weavers, i
(b) The Administrator shall appoint an impartial member or :
members not to exceed three in number who shall have no vote but .:.i
shall in all other respects be members of the said Code Administra- :'
tion Committee.
(.c) Employers shall be entitled to participate in and share th a ai
benefits of the activities of the Code Administration Committee a~S.i
to participate in the selection of the members thereof by assentiag
to and complying with the requirements of this Code and sustainitng.i
their reasonable pro rata share of the expense of its administrations
The reasonable share of the expense of administration shall be 4d.':
termined by the Code Administration Committee on the basis .i!:
volume of business and/or such other factors as may be deenaidi
equitable and pro rated among all members, subject to approval by
the Administrator. These funds shall be collected by and paid t1:
the Code Administration Committee or its duly constituted agency:
for that purpose. Such funds shall be deposited in a special accotiit:
and used only to defray the expense of administering this Cod&
under the direction of the Code Administration Committee. .
In voting for the Code Administration Committee each employ
in this Industry, complying with the above requirements, shall ha
one vote for each 5000 spindles or fraction thereof operated by hi)
and registered with the the Code Administration Committee.
(d) Each trade or industrial association directly or indirect
participating in the selection or activities of the Code Administ
tion Committee shall (1) impose no inequitable restrictions on m
bership, and (2) submit to the Administrator true copies of its
cles of association, by-laws, regulations, and any amendments
made thereto, together with such other information as to membi
ship, organization and activities as the Administrator may I1
necessary to effectuate the purposes of the Act.
(4)










4B'U y wan me provisions ot the Act, the Administrator may pre-
suh: .hearings as he may deem proper; and thereafter if he
find that the Code Administration Committee is not truly rep-
Simdatsve or does not in other respects comply with the provisions
,0:i ~fhe.Act, .may require an appropriate modification in the method
S ettioan of the Code Administration Committee.
o.thihng contained in'this Code shall constitute the members
~ Code Administration Committee partners for any purpose.
is... lit shall any member of the Code Administration Committee be
1:.". i. any manner to anyone for any act of any other member,
i lseri agent or employee of the Code Administration Committee.
?:4t: :" ill any member of the Code Administration Committee exer-
i... !g 'i: jg:: reasonable diligence in the conduct of his duties hereunder,
b liable to anyone for any action or omission to act under this Code,
rMe .*. pt for his own wilful misfeasance or non-feasance.
'i:"(g) If the Administrator shall determine that any action of the
:; ". :;Code Administration Committee or any agency thereof is unfair or
U.:. unjust or contrary to the public interest or to the Act, the Adminis-
t;frtt. r may require that such action be suspended to afford an op-
.portunity for investigation of the merits of such action and further
I fon; si~ ration by said Code Administration Committee or agency
i ::: di ngfinal action which shall not be effective unless the Adminis-
r:t:, or approves or unless he shall fail to disapprove after thirty
notice to him of intention to proceed with such action in its
S:ongnAl or modified form.
h: The Code Administration Committee shall have the following
::.... Powers and duties:
Si!1 ., To insure the execution of the provisions of this Code and to
providee subject to rules and regulations established by the Admin-
:ia tor, for the compliance of the industry with the provisions of
!ith Aczt; Provided, however, that, this shall not be construed to de-
ip .i~E duly .authorized governmental agencies of their power to
.a i.force the provisions of this Code or of the Act.
: (2): To adopt by-laws and rules and regulations for its procedure
Sand for the administration and enforcement of the Code.
(3) To use.such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
Sherein, provided that nothing herein shall relieve the Code Adminis-
traction Committee of its duties or responsibilities under this Code
Sa:..nd that such trade associations and agencies shall at all times be
i i subject to and comply with the provisions hereof.
(4) To secure from members of the Industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code Administration Committee and its activities.
(5) To cooperate with the Administrator in regulating the use of
:. aiy National Recovery Administration Code Insignia solely by those
members of the industry who are complying with this Code.
-6) Based on conditions in the industry as they may develop, the
Cbde Administration Committee shall present to the Administrator
commendations which will tend to effectuate the operation of the



.
















restore or amenu suen macnine nours. as may. irom isunaem
come necessary. This provision for flexibility is essecAij
Throwing Industry because it has no command over voift4
wholly dependent upon the demands and needs of the w r e
ting and allied trades. This provision shall not apply. li
machinery provided the yarn thrown -thereon is for te Sth i
own use only in their own plants, and operating u~der ti &
Fair Competition for the Cotton Textile Industry. ..i
No. 2. Recommendations that each employer who ma..i
purchase or build throwing machinery, and any individ.&i
portions desiring to establish plants of throwing .maebin
do so only after having procured from the Administratial
sion for such purchase or erection or for such establishment~ i
and the Code Administration Committee is hereby empo.wqq
as the agent of the Administration to receive application
permissions and to recommend the granting or witbh l"
and it shall be the duty of the Code Administration
such proceeding to furnish the National Recovery
with a full and duly authenticated statement of the fac.,
its recommendation is based. U I
No. 3. Recommendation by the Code Administrati
after study of the number of spindles to be operated b
on different classes of yarn upon the feasibility of es
ards, to be reported to the National Recovery Admii
Such recommendations, when approved by the
shall have the same force and effect.as any Qther.
this Code. .In
Approved Code No. 54-Amendment No. 2. :
Registry No. 274-1-01.
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Full Text

PAGE 1

Approved Code No. 54-Amendment No.2 Registry No. 274-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE THROWING INDUSTRY AS APPROVED ON APRIL 19, 1934 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent or Documents, D.C. • • • • • • --Price 5 centa v

PAGE 2

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 COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, Mass.: 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Da11as, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn.: 229 Federal Building. Minneapolis, Minn.: 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 54-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE THROWING INDUSTRY As Approved on April 19, 1934 ORDER :MoDIFICATION OF CoDE oF FAIR CoMPETITIOX FOR THE THROWING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Indu. trial Recovery Act, approved June 16, 1933, for approval of a modifi cation of the Code of Fair Competition for the Throwing Industry, and the annexed report on . aid modification, containing findings with respect thereto, having been made and directed to the NO\V, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. G543-A, elated December 30, 1933, and otherwise; do hereby incorporate, by reference, said an nexed report and do find that said modification and the Code as constituted after being modified comply in all respects with the pertinent provisions and will promote the policy and purpo es of said Title of said Act, and do hereby order that said modification be and it is hereby approved, and that the previous approval of said Code i s hereby modified to include an approval of said Code in its entirety as modified, suc h approval and such modification to take effect ten days from the date hereof, unless good cause to the contrary is f'hown to the Administrator before that time and the Administrator i ssues a subsequent order to that effect. HuGHS. JoHNSON, Awrninist1ator (o1 I ndustrial Recovery. ApproYal re commended: H. 0. KING, D ivision Aclministratm'. \V ASHINGTON, D.C., Ap, ril 1.9, 19 34 . 53949----482-109----34 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White House. Srn: The attached revision of Section 4 of the Code of Fair Com petition for the Throwing Industry has been made primarily o that the administrative provisions of this code will conform with the standard provisions contained in more recently approved codes. The Code Adn1inistration Committee for the Throwing Industry originally submitted a provision providing only for the power to assess the industry for the cost of administering the code. A copy of their proposal was inserted in the weekly bulletin of the Throwsters Research Institute and sent to all members of the trade. This notice also stated that if anyone had any objections they should be filed in writing with the National Recovery Administration. No objections were received. As long as this amendnlent was being made to the code, it was thought advisable to revise the entire administrative section as previously mentioned. FINDINGS The Deputy Administrator in his final report to me on said modi fication of said Code having found as herein set forth and on the basis of all the proceedings in this matter : I find that: (a) The modification of said Code and the Code as modified are well de igned 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 among trade groups by inducing and maintaining united action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competi tive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restric tion of production (except as may be temporarily required) by in creasing the consumption of industrial and agricultural products through inc rea sing purcha ing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating indu try. (b) The Code as modified complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) Section 7 and Subsection (b) of Section 10 thereof. (c) The Throwsters Research Institute was and i an industrial as s ociation truly representative of the aforesaid Industry and that (2)

PAGE 5

3 said association imposed and imposes no inequitable restrictions on admission to membership therein and has applied for or consents to this modification. (d) The modification and the Code as modified are not designed to and will not permit monopolies or monopolistic practices. (e) The modification and the Code as modified are not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived o:f the right to be heard prior to approval of said modification. For these reasons, this modification has been approved. Respectfully, Huon S. JoHNSON, A dmvinistrator. APRIL 19, 1934.

PAGE 6

AMENDMENT TO CODE OF FAIR CO:MPETITION FOR THE THROWING INDUSTRY The .present Section 4 shall be deleted from the Code and the Following Section inserted in its place. SECTION 4. Ad1rdnistration.-(a) To further effectuate the poli cies of the Act, a Code Administration Committee is set up to cooperate with the Administrator as a Planning and Fair Practice Committee for the Industry. This Committee shall consist of twelve members in addition to the President of the Throwsters Research Institute, Inc., who shall be chairman. The executive Secretary of the Throwsters Research Institute, Inc., shall serve as Secretary of the Code Administration Committee. There shall be at least one committee member chosen from each of the following groups of employers-commission throwsters of weaving yarns, com mis sio n throws ters of knitting yarns, rayon and/or cotton weavers, knitters, yarn dealers, and silk weavers. (b) The Administrator shall appoint an impartial member or members not to exceed three in number who shall have no vote but shall in all other respects be members of the said Code Administration Committee. (c) Employers shall be entitled to participate in and share the benefits of the activities of the Code Administration Committee and to participate in the selection of the members thereof by assenting to and complying with the requirements of this Code and sustaining their reasonable pro rata share of the expense of its administration. The reasonable share of the expense of administration shall be determined by the Code Administration Committee on the basis of volume of business andjor such other factors as may be deemed equitable and pro rated among all members, subject to approval by the Administrator. These funds shall be collected by and paid to the Code Administration Committee or its duly constituted agency for that purpose. Such funds shall be deposited in a special account and used only to defray the expense of administering this Code under the direction of the Code Administration Committee. In voting for the Code Administration Committee each employer in this Industry, complying with the above requirements, shall have one vote for each 5000 spindles or fraction thereof operated by him and registered with the the Code Administration Committee. (d) Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Administration Committee shall (1) impose no inequitable restrictions on mem bership, and (2) submit to the Administrator true copies of .its artic le s of association, by-laws, regulations, and any amendments when made thereto, together with such other information as to member ship, organization and activities as the Administrator may deem necessary to effectuate the purposes of the Act. (4)

PAGE 7

5 (e) In order that the Code Administration Committee shall at all times be truly representative of the Industry and in other respects with the.provision of the Act, the Administrator may prescribe such heanngs as he may deem proper; and thereafter if he shall that the Code. Administration Committee is not truly representative or does not In other respects comply with the provisions of the Act, may require an appropriate modification in the method of selection of the Code Administration Committee. (f) Nothing contained in this Code shall constitute the members of the Code Administration Committee partners for any purpose. Nor shall any member of the Code Administration Committee be liable in any manner to anyone for any act of any other member, officer, agent or employee of the Code Administration Committee. Nor hall any member of the Code Administration Committee exer cising 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 misfeasance or non-feasance. (g) If the Administrator shall determine that any action of the Code Administration Committee or any agency thereof is unfair or unjust or contrary to the public interest or to the Act, the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by said Code Administration Committee or agency pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty days notice to him of intention to proceed with such action in its original or modified form. (h) The Code Administration Committee shall have the following further powers and duties: (1) To insure the execution of the provisions of this Code and to provide, subject to rules and regulations <:>stablished by the Administrator, for the compliance of the industry with the provisions of the Act; Provided, however, that this shall not be constru e d to deprive duly authorized goverrunental agencies of their power to enforce the provisions of this Code or of the Act. (2) To adopt by-laws and rules and regulations for its procedure and for the administration and enforcement of the Code. (3) To use such trade associations and other agencies as it deems proper for the carrying out of any of its activities provided for herein, provided tha.t nothing herein shall relieve the Code Administration Committee of its duties or responsibilities under this Code and that such trade associations and agencies shall at all times be subject to and comply with the provisions hereof. ( 4) To secure from members of the Industry an equitable and payment of the reasonable expenses of maintaining the Code Administration Committee and it.c; activities. ( 5) To cooperate with the Administrator in regulating the use of any National Recovery Administration Code Insignia solely by those members of the industry who are complying with this Code. ( 6) Based on conditions in the industry as they may develop , the Code Administration Committee shall present to the Administrator recommendations which will tend to effectuate the operation of the

PAGE 8

6 provisions of thi Code and the policies of the Act, and in particular along the following lines: No. 1. Recomm2ndations that it shall be within the power of the Code Administration Committee to further limit the machine hours after a trial period of 90 days if in its judgment, and upon the operating record received, it shall have become apparent that the resulting produc6on is in excess of the needs of those who supply material for processing by the Throwing Industry, and further thereafter to restorf' or amend such machine hours as mav from time to time be come necessary. This provi ion for flexibility is essential for the Throwing Industry because it has no command over volume, bejng wholly dependent upon the demands and needs of the weaving, knitting and allied trades. This provision shall not apply to throwing machinery provided the yarn thrown thereon is for the employers' own use only in their own plant , and operating under the Code of Fair Competition for the Cotton Textile Industry. No. 2. Recommendations that each employer who may wish to purchase or build throwing machinery, and any individuals or corporations de iring to establish plants of throwing machinery, may do so only after having procured from the Administration permis sion for such purchase or erection or for such establishment of plants; and the Code Administration Committee is hereby empowered to act as the agent of the Administration to receive applications for such permissions and to recommend the granting or withholding of same; and it shall be the duty of the Code Administration Committee in such proceeding to furnish the National Recovery Administration with a full and duly authenticated statement of the facts upon which its recommendation is based. No. 3. Recommendation by the Code Administration Committee after study of the number of spindles to be operated by an employee on different classes of yarn upon the feasibility of establishing standards, to be reported to the National Recovery Administration. Such recommendations, when approved by the Administrator, shall have the same force and effect as any other provisions of this Code. Approved Code No. 54-Amendment No.2. Registry No. 274-1--01. 0