Citation
Code of fair competition for the boat building and boat repairing industry as approved on April 24, 1934

Material Information

Title:
Code of fair competition for the boat building and boat repairing industry as approved on April 24, 1934
Portion of title:
Boat building and boat repairing 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:
p. 467-480 : ; 24 cm.

Subjects

Subjects / Keywords:
Boatbuilding -- Law and legislation -- United States ( lcsh )
Boats and boating -- Maintenance and repair -- United States ( lcsh )
Boating industry -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

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. 1408-05."
General Note:
"Approved Code No. 406."

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:
004938125 ( ALEPH )
649476978 ( OCLC )

Full Text






NATIONAL RECOVERY ADMIINISTRATION




CODE OF FAIR COMPETITION



BOAT BUILDING AND BOAT

REPAIRING INDUSTRY


AS APPROVED ON APRIL 24, 1934


I' 'I
For sale by the Superintendent of Documents Washington, D.C. - Price 5 cenia


Approved Code No. 406


Registry No. 1408--05


U-~ '








UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 19341



























This publication is for sale by the Superinztendent of Documnents, Government
Prin~ting Office, W~ashington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 50)4 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.OI.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706i, 201 North WVells Street.
Cleveland, Ohio: Chalrubecr of Comumerce.
Dalla~s, Tex.: Cb'~:llinhec~ of Commzerce Building.
Detroit, Mlic.l.: 801 First National Bank B3uilding.
H-ouston, T'ex.: Chamber of Commuerce Buibtlilir.
Inldianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, FEla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Banltimore Avenue.
Loes Angle<~l~. Ca~lif.: 1163 South Broadway.
Louisville, Ky.: -i~ll Federal Buildling.
.11maphisbi ITenn. : 229 Federal Buillelin~.
AIilbull:llolis, .11innl : 213 Federal Building.
Nuew Orlen nrl., La.: Room 225-A, Customhouse.
N~ew York, N.Y.; '7341 Custombhouse.
Norfolki, Va.: 401I0I E1t-t Plume Street.
Phrilflmjllelhin. Pa.: 422 Commercial Trust Building.
Pi~t~lllburyb. Pa.: Chamber of Commer-ce Building.
Portland, Or'eg.: 215 New Post Office Buildintg.
St. Louis, Mo.: 506 Olive Street.
San Frn111in-iss-o Calif.: 310 Custombouse.
Seattle, Wafsh.: 800'( Federal Office Building.













Approved Code No. 400


CODE OF FAIR COMPETITION
FOC THE

BOATBUI~LDNG ANP~D BOATRE.[1PAIRINGJG INIDU~LSTRY

Asj Appro~ved on April 24, 1934


ORDER

APReovTwo CoDE orL FIAnT COMPETITION FOR THE: EOA~TBI~~rDING3 AND
BOATHEPAInRIN INDUSTRY
An application having been duly made pursuant to and in full com~-
pliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Boatbuilding and Boatrepairing Industry,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOWV, THEREFORE, on behalf of the President of the United
States, I, Hugh 8. Johnson, Administrator for Industrial Recoverg,
plursuant to authority vested, in me byEeuieOdroftePs-
dent, including Executive Order NYo. 6543-A, dated December 30sl
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said ~Code complies in all respects with the
pertinent provisions and will promote the policy and pur~pos-es of said
Title of said Act; and do hereby order that said Code of Fair Com-
petition be and it is hereby approved; provided, however, that the
provisions of At~rticle VII, Section 1, insofalr as they prescribe a wait-
Ing period between the filing wcpith the Div-isional Code Aulthority
(i.e. actual receipt of the Divisional Code Authority) and the effec-
tive date of revised minimum billing rates be and they are hereby
stayed pending my further Orderl either wcPithin a period- of sixty
dlays from thre effective date of this Code or after the complletion of a
study of open price associations now being condluctedl by the National
Recovery Administration.
HUGJH S. JoINSolN,
Aldmn~,istr~ator for Industrial: Recover~y.
Approval recommended:
Ki. MI. S~a mson,
Divisionm Administrfator.
WaBsmworow, D.C.
April! 9 1934.


5i4716"---82-152 84


C467)












REPORT T'IO THIE PRESIDENT


The PI(rsexrC.I,
Thc W~lhite House.
Smn: This is a report on thle Code of Fair Competition for the
Boat~buildling andi 130a(trei~pairing In as.sentedr to by the proponents of the Code. A public hearing was
conducted in Wa~shingrton on Decemlber 11_, 1933, and was reconvened
on I\T10 ch 30, ~1934, at which time every person w'ho so requested was
given an oppor~tunity t~o be heard In aic~corda~nce wtith the usual
pr~ocedurre.
LABOR I Hi(r\l IONuS

The Code prouvidets a mlaximlu m work week of thirty six (36)
hours for twenty six ('26) weeks of thzeyear and forty four (44)
hours for the reminingllll twenty six (26) weeks of the year, with
overtime to be paid for ainy time in excess of these hours or in
excess of eight (8) hours in any one (1) day. Exception is made
for emergency repair work. Office and clerical employees may workr
not more than forty (40) hours in one (1) week. Watchnmen ma~y
be emlployedl for nlot more than fifty six (56) hourrs in one (1) week
or more than six (6) days in seven (7).
Wages above the minimum on July 1, 1933 are increased ten per-
cent (10 L).
NIYo person under sixteen (16) years of age will be employed in the
TIndustry~ nor anyone under eighteen (18) years of age at occupations
hazardious in nature or detrimental to health. Code ~Authorities
will submit lists of such occupations to the ASdministrator.
The standardl clause regarding htandicap~ped persons and stand-
ardls of safety and health are incorp~orated in this Code.
An In.lllctlusiall Relations Board wivth equal representation of em1-
players and employees is created to hear and conciliate labor
disputes.
TRADE PRACTIICE PROVISIONS

This Code provides for the filing of minimum billing rates, and
thle selling of products or services below cost is prohibited.

ADM1INISTRATIV'E PROVISIONS

F~or the purpose of administration the Industry is divided into
five (5) divisions with a Divisional Code Authority to administer
the Code in each D~ivision. A National Code Authorityis created
to nallininster1 the Code for the Industry as a whole adt ori
nate the activities of thIe Divisional Code Authorities.

OT II ER PROVISIONS

Provision is made for furnishing the Administrator with. such
statistical data as he may require.
(468)






469


Methods for amending and modifying this Code are provided.
Monopolies ar prohibited.
MSembers of the ~Industry shall comply with ~State Laws imposing
mlore stringen requirements as to labor than a re imposed by this
Code.
The~ various D~ivisional Code A~uth~orities are, with the consent of
both~ parties, constituted agencies to assist in the adjulstment of con-
tracts entered into prior to the effective date of this Code where the
cost of executingr such contracts is increased by this Code.
Copies of this Cod~e sh~all be posted in. conspicuous places by eachl
em ploye r.
ECONOMIC EFFECTT OF CODE
There are about three thousand (3,000) concerns engaged in, thl~is
Industry varyvinga fromt small proprietors, bildinga a few small boats,
to organized Icorporations, building and repairing all kinds of wooden
and metal floating equipment within the definition contained in thie
Code. The values of production in 1929 for five hundred and
seventy (570) concerns, estimated at seventy five per~cet (75%Cr) of
total production, was Sevecntyr Seven Million Two ]Hundred Ninety
Eight Thousand Dollar~s ($'77,298,000), and Forty Seven M~illion
Sixty Nine Thousalnd Dollars ($47,069,000) in 1931, a decrease of
thirty nine andi one tenths percent (39.1%0). In 1931 sixteen thou-
sand three hundred (16,300) persons are estimated to have been emn-
ployed, a decr~ease of six thousand eight hundred and eighteen
(6,818) persons or twenty nine and five tenths percent (29.5%0)
from 1929. Emnploymnent in. 1933 is estimlatedl at ten thousand
(10,000) wage earners. Estimated payrolls in 1929 were T'hirty
Seven Mlillion Six Hundrecd and Tlwelve Th]ousand D~ollars ($37,612,-
000) and in 19831 decreased t~o T~wenty Fiour IMillioln. Tw\ent' Thousand
Dollars ($24,0i20,000), a decrease of Thirteen Million Five H-undred
Nlinety Two Th'ousand Dollars ($13,592,000) or thirty six percent
The Code will effect a mninimumn reduction of nine percent (9%J)
in houlrs from forty eight (48) to forty four (44), and a maximumn
hor e reduction of forty percent (404") ~from sixty (6) to thirtylg ~six (36)
hoursper wek. establishing th forty four (44) and thirty six
(36') hour w~eek will increase employment about five (5%) percent
In some cases minimum wag es will be increa-sed fromeighteenn (18)
to fifty five cents (554) p~er hour. All hourly wages above the
miinimuim on Juily 1, 1933 will be increased ten percent (0
FI NDINGS
Thle Depu~ty Administrator inl his final reort to me! on. said Code
having foundl as hlerein set. forth and on the basis of all the pro-
ceedings mn this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National .Industrial Recovery AcP~t, including
removal of obstructions to the fr~ee ~flowrr 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 the trada







470


groups, by including and mlaint~ainingr unitedc- action of labor and
Ilflnanagement.lf under adequai~te governineirntn! sanctions and suiperv\i-
sion, by eliminating unfair competitive pr nct ices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production. (except as
may be temnporarily req~uir~ed), byr increasing the consumption of
industrial and agricultural products through increasing purchasing
owepr, by reducirngr and re~lievingr unemployment, by improving
stanmdalrds of labor, andt by otherwt~nise rehabilitating industry.
(b) Said Industry normally employs not more than fifty thousand
(50,000) employees; and is not classified by me as a major in-dustry-.
(c) The C'ode as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including with~ou~t limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof, and that the applicant group is
an indnetrl~ial Illranpl truly representative of the aforesaid Indust~ry;
and that said ;L; onlp imposes no inequitable restrictions on admission
to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small ent!o11irpric and -will not operate to discriminate against them.
(f) Those enlgaged in other steps of the economic process have
not b~een deprived of the right to be heard prior to approval of said
Code.
For these reasons, there1fore, I have approved this Code.
Respectfully,
Hluanr S. JorNSON, Administrator.
APrms 24, 1934.














CODE OF FAlIR COMPETITION FOR TH[E BOATIBUIDING
AND BOATREPAIRINISG INrDUSTRY

ARTICLE IPURPOSTE

To effect the policies of Title I: of the National Ilndustrial Recovery
Act, this Code is established- as a Code of Fair Competition for the
Bostbui~llingr and Boatrepairinrr Industr~y, anld its provisions shall
be the standards of fair competition for such Industry and shall be
binding upon every member thereof.
ARTICLE II-DEFINITIONS

SECTION 1. The term Boatbuilding and Boatrepaziring Indulstry "
means the fabr~icating, constructing, repairing, reconstructing, re-
modelling, hauling or storing of the following types of vessels:
(a) All wooden boats and vessels, and wooden floating marine
equipment.
(b) Pleasure bouts and yachts, both wooden and/or metal, up to
and including one hundred and ftifty (1_50) feet in. length overall.
SEc. 2. The terms "Act ", "Admimistrator ", and "L President as
used herein means respectively Title I of the Nationlal Industrial'
Recovery Act, the Administrator for Industrial. Recovery, and the
President of the United States.
SEO. 3. The term employee means any anld all persons engge
in any phase of the Industry in any aaiyi h aueo em-
ployee irrespective of the method of pactymen tofhis comprenaton
SEc. 4. The term employer mneans anyone byT whomn such an
employee is compensated or employed.
SEC. 5. The term Member of the Inldustryr maearns all those en-
gaged in the Induistry either as an employer, or on his or its own
behalf, including contractors and sub-contractor~s.
SEC. 6. The t~erm emergency means that situation whereby a
danger, or menace to the safety of a vessel, life, or property exists;
or, where a delay would w~ork an1 undue hanrdship on an owner
through the loss of the use of his boat.
AR~TICLE I[II--PannIcieTroN

SECTION 1. If a Mlember of the Indu~stry, is engaged also in any
other industry, provisions of this Cod~e shall apply to and, affect
only that part of his business which is included in the Boatbuilding
and B~oatrepairing Industry as dtefned herein, provided, however,
that when any person, partnership, corporation, association, trust,
trustee or receiver, normally operating under the Crode for the Ship-
building and Shiprepairinga Industry engages in this In~dust~ry as de-
fined herein, he or it shall not be required to bear a part of the







472


expense of admrinist~eringr this Code anld when required to submit
Statistics or information to a Code Authority of the Boatbuilding and
Boatrepairing Industry shall do so through the Code Authority for
the Shipbuildingg and Shiprepairing Industry.
SEc. 2. Each Memblller of the Indlustry shall be entitled to partici-
pate in and share the benefits of thne activities of the National Code
Authority and appropriate Divisional Code Authority and to parti-
cipate in the selection of the members thereof, by assenting to and
c.omplllyingr with the requirements of this Code, and by notify~ingr the
Administrator that he det-sir~es to participate in this Code as provided
for in ~Appendlix I hnereto attached.
ARTCLE IVT-LAnon PROVISIONS

SECTION 1. TH cOuilluncerlc with Section 7T (a) of the Act it is pro-
videdt that:
(a) Employees shall have the rigt to organ:"ize and bargain, col-
lectively through representatives oftheir own choosing, and shall
be free from the interfe~rence, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the! T~~lpurpue
of collective bargaining or other mutual aid or protection.
(b) No employee anrd no one seeking employment shall be required
as: a. condition of mploy~ment to join any company union or to re-
frain from joining, organizing, or assistmng a labor organlization of
his own choosing; and
(c) Emp~loyers shall comply with the maximum hours of labor,
mlinimumn rates of pay, and other conditions of employment, approvedi
or rpIrscrIibed. by the President.
OE~C. 2. NO person under 16i years of age shall be employed in thne
Industry nor anyone under 18 years of age~ at o~peraztionsl~ or cHcul-
pations hazardous in nature or detrimental to health. T'he Divi-
sional Code Authorities shall submit to thne Admninistraztor within 60
days after the effective date, a list of such occupations.
SEC. 3. NO employer shall reclassify employees or duties of occu-
pations performed or engage in any other subterfuge for the purpose
of defeating the purposes or provisions of the Act or of this Code.
SEc. 4. Every emp~loy~er shall provide for the safety and health
o-f employees during the hours and at the places of their employment.
Standards for safety and health shall be subm!ittedl by each. Divi-
sional Code Authnority to the Aldmlinistrator within six monlths; a-fter
the effective date of this Code.

ARnICL V;-HIlouns orF WORK

SIECTION 1. (a) No employee, except as otherwise provided hIerein,
shall be permitted to wrkcll more than thirty-six (36) hours per week
during twenty-six (26) weeks~c~c of the year, or more than forty-four
(44) hours per w~eek; during the remaining twenty-six (26) weeks of
the year. Anyr time! worked in excess of eight (8) hours in anly
twenty-four (24) hour periodo c shall be paid at the rate of at least
timne and one-half.
(b) Exceptionrs.--The I1inuximuml hours fired in the foregoing
section shall not apply:







473


(1) To employees on eme~~tlrgenc repair jobs, or on emrlrcgencyr mami-
tenance work, but inl any su1ch special ense at least time anid one-half
shall be paid for hours workedc in ecscr s of t.h~e mnxjimumi hours holie-
in provided. All cases wheir~e this exception is applied shall b~e
reported to the Divisional Code Aulthorityr in such form as it
pr~escribes.
(2) To pe~sonss engag"ed~ in manage~rCial or executive capa~cities
learning in excess orf $:35.00 per' week, b~ut shall apply to all such 1'er'-
sons, inicludling memirbers of the Indulstry,, actively engaged in similar
workr to thalt p~erformned by employees on an hourly rate.
(3) To watchmen who shall not be p~ermittedl to work more than
lifty-six (56) hours~ in anyl one week, nor mnore than six (6) days in.
seven (7).
SCIEC. B. NOi Ijrson enllployred in clerical or office work shall be pr
mittedl to wocrke in exce~ss of for~ty (410) hours in~ an~y one week.Th
normal work dafy shall be eight (8) hours.
SCEC. 3. NO emp~loyee shall be p~ermiitted to work for a total number
of hours in ecesscr of the number of hours prescribed for each week
and dlay, whether emplloyed by one, or more employers.
ARTICLE VTI-W\\AGES

SECTION i. (R) hlninlmum Wnage. No emlploye, except as otherwise
provided herein, shall be paid less than forty-fivle (45) cents per hour
excepIt in t.he Sout~h, where no emp~loy~ee shall be paid less than thirtyV-
five (35) cents per hour. For this purpose the South shall include
that territory South of and boundetd by th~e following lines: Thre
Western boundary of Delaware, the Norther~n boundar~ies of MarIIy-
landl, Ar~kansas, and Oklahoma, a line five (5') miles South of the
Northern boundaries of W'est Virgrinia, anld Kentucky, and the Wet
ernI boiundary of Texas.i
(b) This: definition of the South~ shllR aplyl\ until sulch time as a
hearings may be called by thle Adlministratocr to review this que-~tion
for the Boatbuild2ing a Boatrepairing IndustryS and the Shipbuld
ing and Shiprepairing Indulstry,! and a new de~finitionr enunciated.
(c) E;LCceptionZ..-I f undue hardship is implosed~ onl any emlploy!er
(particula~rly' SmallI repair yanrds doing local business only) he mnay
apply to the Admninisjtrator for exemptio n fr~om the forty-five (45)
cent mninimumi~ wagerr prov~ision and upon pres~.-entation of adequate
proof the Admninistrator, if he finds that. undue hardship exnist, may
allow a mlinimumlr w\age of t~lhirty!-fivet (35) cents p~er hour.
(d) W'ithin nin~tyl (90) days after thle etffective date of. this Code
a studyl shall be miade by thle Divisional Code A-uthloritiles of the
Central andl Great Lakes Division and thle North Atlantic Division
of the miinimumii wages parid in such divisions prior to th effective
date of this Code a nd recomnnmenda tions shall be mande hythe Divi-
sional Codle Authorities for such modifications of the eode as are
shown by the results of this studcy to be necessary or desiabe.
SEc. 2. Wages Above the M~inimum. The hourly wage of every
employee or class of employees earning more than the minimu
herein established on July 1, 1933, shllR1 not be less than 10%o more
than was beings paid on that date.
SEC. 3. Miinimum1 Wages for Clerical andl Offic~e Emlployees and
Watch men.






474


(a) N;o clerical or office employee or watchman shall be paid at
a rate of less than $14.00 per week.
(b) Office boys and office girls muay be paid not less than eightty
(80) per cent of the minimum wage for clerical and office employees,
but the number of such office boys and office girls shall not exceed 5%0
of the total number of clerical and office employees, provided, that
each employer may employ at least two persons in this class.
SEc. 4. A person whose earning capacity is limited because of
age, physical or mental hlandlicap or other infirmity, may be emn-
ployved on light work at a wage't below the minimum established
by this Code if the employer obtains from thle State Authority
designated by the U7nited States Department of Laabor a certificate
authorizing his employ~nlwnrt at such wages and for such hours a~s
shall be stately in the! certificatte. Each employer shall file monthly
with the Divisional Code Author~ity a list of all such persons em-
ployed by him, showing the wages paid to, and the maxim~um hours
of work for such employee.
SFC. 5. This Article establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on1 a time rate, piecewrork, or other basis.
SEC. 6. Properly indentured apprentices may be employed ait wages
below the minimum subject to the following provisions:
(a) The number of apprentices shall not exceed 8%0 of the aver-
age number of hourly employees, provided that at least one person
may be employed in this class.
(b) The term of apprenticeship shall not be more thanl three
ers.t~ ~
(c) The rate~ of pay shall not be less than 75%0 of the minimum
wagl~e established by this code.
(d) Information as to the rates of pay and the number of app~ren-
tices shall be filed with the Divisional Code Authority.
ARTICLE VII TRADE PRACTICES AND UNFAIR hlETHZODS OF
COMPETITION
SECTION 1. (a) Each mlembe~r of the Industry engaged in repair-
inlg, hauling, or storing of boats shall promptly file after the effec-
tive late of this Code, with the Secretary of the Divisional Code
Authority, or such. Sub-Committee or agency as the Divisional
Code Authority may designrate, a schedule (s) covering time and
material work showing:
(1) Minimum labor billing rates.
(2) Miinimum billings rates for the use of machine and power
tools when not included in (1), above.
(3) Minimum rates or charges for the use of marine railwayrs,
elevators, hoists, and drlydocks.
(4) Miinimum rates or charges for furnishiing and supplying
materi als.
(b) Each Metmb~er shall certify that such rates, charges, and prices
are not below the reasonable cost of such products or services, includ-
ing the cost of direct labor, plus th~e cost of materials, plus an
adequate amount for overhead.
() Each such schedule shall state the date upon which it shall
become effective, which date shall be not le~ss than fifteen (1_5) daygs






475i


after thle date of filing such schedule with the Sejrc~retary; pr~ovided',
howpever, that the first schedule filled by any Member of the Industry,
as above provided, shall take effect. on the date of filing thereof and
no rate, price, or charge shown in any such schedule filed by anly
Member of the Industry shall be changed except by filingr a new
schedule as herein provided.
(d) These rates, charges, and prices shall be held subljec~t to public
inspection by the Divisional Codec AuthorityN and any District or
local Committ~ee established in accordance with Adrt~icle IVIII hereof.l
SEC. 2l. The following pract~ies are hereby declared to be! unfalir
competitive practices and constitute a violation of this Code.
(a) To sell any products) or serv\ic~e(s) below the reasonable cost
of such products) or servicess.
(1) For this purpose cost is defined- as the cost of clireclt labor,
plus the cost of materials, plus an adequate amount for overhead,
including on amount for de~preciation, and for the use of any plant
facilities employed but. not including an amount for return on
capital invested. Said cost to be determined by anly fair method
of accounting and *,'or estimnat~ing submitted byT each Memberr of the
Industry to the appropriate Divisionlal Code Auth-ority for its
approval subject to the review and disapproval of the Atlmlinis;traltor.
(b) To give or accept secret reblt~es, refunds, allowances, un-
earned discounts, or special services directly or indirectly in connec-
tion with anyr work performed or to receipt bills for insurance
work until payment. is made.
(c) To permit. any work (except work done above deck or within
the boat by the owner or regtdar boat's cr~ew) to be done by any
person other than the owner personally,, or those emplo,~yed byT or
under sub-c~ontrazct with t.he boat.yard, on any boa~t, of anyr ktind
while at said boatyard.
(d) To allow terms more favoranble than t we- (2) percent dis-
count for cashi paymlent within ten (10) days alfter work is done.
ARrlCLE V I II-A~DMII NI STR.1TIONi

SEC'YION 1. Subject to the power of the National Code~c Au~thlority
to change the geographical limits of the D~ivisio~ns of the Indt-ustr~y
and to create new Divisions or combine existing Divisions as th-e cir-
cumstances surroundings the administration of thlis~i Code mnay ~ar-
rant, the Industry shall be divided into five (5) divisions; Inamely,
the North Atlantic Division, the Southl Atlantie Division, thre Gulll
Coast Divrision? the Central and Great Lakes Division, anrd the
Pacific Division, constituted as follows:
(a ) North Atlantic Di visioi-n-Maine, New Hampshire, Connrelt~i-
cut, Mlassachusetts, VTermont, Rhode Island, Necw York except the
shores of Lake Erie and Lake Ontanrio anad thle lakes and rivers ad-
jacent thereto, New Jersey, Delaware and Pennsylvania east. of
Harrisburg.
(b) South Atlantic Division-Mharyland, District of Columibia,
Virgmnia, North Carolina, South Clarolina, Georgia, Florida on the
east coast to Key WTest.
r Bee paragraph 2 of order approving this code.






476


(c) Gulf Coast Division1-Florida, except that part included in
the South Atlantic Division, Alabama, Mississippi, Louisiana, Texas,
Oklahoma, Arkansas, a~nd Tennessee.
(d) Central and Great Lakes Division--North Dakota, South
Dakota, Nebraska, Kiansa~s, Missouri, Iowa, Minnesota, Wisconsin,
Illinois, K~entucky, Indiana, M~ichig~an, Ohio, West Virginia, and
those parts of Pennsylvania and New Ykorkr not included in the North
Atlantic Division.
(e) Pa~cific D~ivision--New Mexico, Arizona, Colorado, Utah,
Wyoming, Montana, Idaho, Nevada, California, Oregon, Washing-
ton and Alaska.
SEO. 2. Subject to the rights vested in the Administrator under
Section 10 of this Article, this Code shall be admliniste~red by Di-
visional Code Authorities and a National Code Authority as here-
inafter set forth.
SEC. 3. There sha~ll be organized in each Division a Divisional
Code Authority consisting of five (5) members, two (2) to be elected
by majority vote on the basis of one vote for each Membnler of the
Industry -withlin the Division, and three (3) to be ellectedl by voting
on thle basis of number of employees; provided, however, that no
MemberJC1 of the Industry within thre Division shall have more than
one representative on said Code Authority. In addition the Ad-
ministrator mlay appoint one member to sit without vote on said
Authority. Each Divisional Code Authority shall administer this
Code in its division and shall have the duties and exercise the powers
which are conferred upon it by thlis Code or any revisions hereof,
or which are delegated to it by the National Code Authority; shall
elect a chairman to preside at all meetings and a secretary to keep
a minute record of all meetings; and sha~ll hnave the authority to
adopt appropriate by-laws, rules and regulations for the exercise
of its functions, and to employ or designate such agents and delegate
to them suchn duties and powers as may in the judgment of the Divi-
sional Authority be necessary or desirable to effectuate the purposes
of the Act, provided that nothing heremn shall relieve ang Divisional
Code Authority of its duties or responsibilities under this Code. It
being found necessary to support the Administration of this Code,
in order to effectuate the policy of the Act and to maintain the
istandllards of fair compIetition. established hereunder, each Divisional
Code Authorityr is authorized to incur such reasonable obligations as
are necessary and proper for the foregoing purposes and to meet such
obligations out of funds which shall be held in trust for th~e purposes
of the Code and raised as hereinafter provided; and to submit to the
Administrator for his approval, subject to such notice and oppor-
tunityr to be heard as he may deem necessary: (1) An itemized budget
of expenses mncurred in t~he formulation of the Code and its esti-
mated expenses for the foregoing purposes, and (2) an equitable
basis upon which the funds necessary to support such budget shall
be contributed by all members of the Industry entitled to the benefits
accruingr from the maintenance of such standards, and thze admninis-
tration thereof. After such budget and basis of contribution have
been approved by the Administrator each Divisional Code Authlority-
shall determine and collect equitabLle contributions as above set forth,







4'77


and to that endl, if nlecessar~y, institute lega;l proceedting~s thlere~for in
its own name.
SEC. 4. There shall be organizedt a Naltional~l Code Auth~2ority con
sistingr of one (1) member des~ignalted by each Divisional CodXe Au-
thority of the South Atlanticr Dcivisionl, G~ulf Coast Divi.ionl, Pacific
Division, and~ Nor~th Atlanrtic Division. twro (2) members dlesigna~ted
by the Divisional Codle Author~ity3 of the Centranl and Grea~t Lakes
Division, and tw-o (~2) meme rsl.c l el~c~tedt at ;Inrge' from11 the Nor~th
Atlantic Division by memllbers of the Industry wvith~in that division,
the methlod of whose election is to be determ~inedc by ~the temporary
National C'ole. Aulthority~ subject, to the clisappr~oval of the A15dmin-
istrator.
LSEC. ,5. In addition to the above, the Arlminist ra:tor, in hnis d~is-
cretion, may appoinit nlot mlore than three (3) memberlcis to the Na-
tional Clode Aulthorlity without vote to serve without exp-ens~e to the
Indulstryv, andl to serve also on the temporary National Code
Auth ori ty.
SEC. f>. The National 'od~e Authiority shall have the following
powfers and duties in adldit~ionl to any other power elsewhere in this
Code prov-ided-:
(a) To hear71 all appenlsll fr~om dclisio~ns of Divisiolnal Code Au-
thorit ies.
(b) To hear and settle all contr~oversies thnat m~ay arise between the
various Divisional Code Aut.hlorities or members thiereof, up~on ap-
peal to it by~ such Divisio~nal Code Authlority or miemiber.
(c) To adlopt applroprriate by-laws a~nd rules and regu~lations for
the exercise of its functions anid to emplloy and desigilnate such'1 agntls
as it may require and to dlelegalte to th~emi or to thle Divisiond~l Code
Authorities such dlut~ies and powvers as m~ay in its judgment be .necles-
sar~y or desirnble to effectuate the purposes of the AL~ct, providecd that
nothing herein shall relieve thre rNational Cod'e Atlut~hority of its
duties or responsibilities under thlis Code except suich duties as are
herrein~ deleg~ated to th~e Div'isional Code Authorities.
(d) To submit to t.he Administratorr from time to timue sufh, pro-
posed amnendmients to the code as, in its judgmeniit, will fur~ther
effectuate the purposes of the Act.
(e) To obtain from miemibers of the Industry w~ithlin each dlivision
such informa~tiol andc reports as will be required for the admiiinis-
tration of the Code. No confidential information thus accquired~ shall
be disclosed to anly othler 111emer of the Inldustrly or an~y other party
except to such Govetrnnenltal Agcnc~ies as may be designated by the
Administ rator.
SEC. ri. In nctiddlOH to, the iDEOrmzation requiredl to be ubl~mittedc to
t~he National Code Authorrity, the members of thes Industry shall
furnish to Federal and State arrencies such statistical informnation-
AS the Administrator may deem necessaryr for th~e purposes recited in
Section 3 (s) of the Act, providedl, that nothling in this Code shall
relieve any 1\fember of the Industry of any existing obligations to
furnish reports to any G~overnment Ag~ency
SEC. 8. The expenses of the National C~ode Authority and the
temporary National Code Authority shall be borne by the Divisional
Code Authorities on an equitable basis in accordance with regulations
prescribed by the National Code Authority.






478


SEc. 9. Each Trade Association directly or indirectly participat-
inlg inl th2e selection or activities of the Divisional Code Authoriti~es
or the National Code Authority shall impose no inequitable restric-
tions on membership therein; and shall submit to the Administrator
true copies o~f its articles of asscciartion, bly-laws, regulations, and
anly amecndmltlens wh-en made thereto, together with such other inforr-
mnation as to memtber~ship, organization, and activities as the Admin-
istrator may dseem necessary to effectua~te the purposes of the ~Act.
SEc. 10. I~f the Administrator shall determine that any action of
a Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Adm~inistra~tor may require
that such nation bEe -Iuspenc"l~ d to afford an opportunity for investi-
ga'tion of the merits of such action and further consideration by
such Codte Authority or agenccy pending final action which~ shall not
be effective ~unless the Adlministrator approves or unless he shall fail
to disap~prove after thirty days' notice to him of intention to proceed
with such action in its original or modified form.
SE~C. 11. In order thast the Code Atluthorities shall at all times be
truly representative of the members of the Industry and in other
respects cmlpl~y with the provisions of thne Act, the Administrator
mnay prescribe such hearings as he maay deem proper; and there
after, if he shall find that any Code Authority is not truly repre-
sentative of the M~emb.er~s of the Industry or does not in other
r~especl.ts comply with the provisions of the AClct, may require an
~appropriatte modification in the method of selection of such Code
Authority.
SEC. 1.2. Nothing contained in this Code shall constitute the mem-
bers of the Co-de Autho~rities partners for any purpose. Nor shall
any member of a 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 shlll any member of a Code Authority, exer-
cisingr reasonab~le dligence in the conduct of his dulties hereulnde~r be
liable to anyone for any action or omission to act under this Code,
except for his own wilful malfeasance or non-feazsance.
SEC. 13. A temporary National Code Authority of eight (8) mem-
bers, in addition to the members appointed under Section 5 hereof,
shall be appointed by the Administrator to serve from thle effective
datei until the election of the permanent National Code Authority,
which temnporatry N~ationail Code Authority shall have the p>owers
a~nd duties of the National Code Authority and shall supervise the
election of the D~ivisional Conde Auth~orities and the National Code
A~uthority.v
ARTICLE IX -MODIFICATION AND CANCELATON

SECTION. 1. This Code and all the provisions thereof are expressly
made subject to the right of the Piresident in accordance with the
prov-ision~s of subsection (b) of Section 10 of the Act, from time to
timnised tocncelr moifye an order, approval, license, rule, or regula-
tio isue uner ite Iofsaid Act anld specificaly but without
limitation, to the bright of the President to cancel or modify his
approval of this Code or any conditions imposed by him upon his
approval thereof.







479


SEc. 2. Such~ of tihe provisionis of thiis Code1 as arec noit rpirclnedl to
be includedl her~ein by thle Act, mnay, with thlc approvall of th~e Adlmin-
istrator, after such niotic~e andl hcaringi as he shlall spec'iify~, be mod~ifiedl
or eliminated as chainges inl the c'ir'cumlstanlrcs or expe'l'rinCe muay
indicate.
SEC. 8. jAn amelndmennt may be prloposed'- by? any intere-t'~f~'l party
either t~o the National Coder Anthblority. or dlireCltly to thle Ashnllini-tra-
tor. All proposed amendments shall with thle approval of ther Ad-
ministrator be referred to thle hNational Code Authority wvho shall
goive Iellebers of the Indlustry nol cpportunity to be hearld, there~con,
through thle Div~isional Code Aulthor~ities andl theren~ftter, w1ith-in sulch
time as the Admninistrator mnay specify,. thle National Code Authority
shall make such r~ecommlen datioin s th~ereonl as- it may deem. prlope1;
providled, however, that w~hen aIlpproved~ by the Admlini .tra:tor as
nece~ssary or advl\isable to eff'ec~tuate thle Ipolic~ite of the Act, after such
notice and h~earinig as he mnay prelscribe. anyl~ proposedh :Inendownlclt
shall thereii:upo become eff'ectivec asE part o~f thisi Codel.


No provisionl of this Codle shall be .so applliedl as to permit monop-
olies or monopoly ist ic pract ices or tc-o el imni nute. ~, oppe~s or di scr~1imi-iln te
against small enterprises.
AnnIcu: XI--INDUSTROA L REL.ATIION~ ]BOARD
An Industr~ial Rellt~ions Boardl shall b~e set up consllisting~ of t~wo
(2) members elected by the National Cod-e Aiuthority and two (2)
members appointed by the Administrato r from nomina~tions of the
Labor Advlisrory Board, of the National Recocvery Admlilinis~t union.
This Industrial Relations Bo~ardl shall meett at such times~ and pheies
as it mlay determine, to hearl andl conciliat~e labor disputes -which
may arise within the Industry. If agreedl to by the par~lties of as
controver~sy thle Boardi mayn? act as a b~oard of arbitration with power
to select an umnpir~e to sit. before the ar~bitr~ation and in such case its
decision shall be final andl bindting on the parties to the arbitration.
ARrnO~LE XI'I--STAr~E L.aws
Within eachi State, thlis Codet shanll not sup~lYercde any laws of such'I
State imposing more stringent requirements regulating the age of
employees, wages, hours of work, or healthl, fir~e, or general w-orking
conditions, thann ar~e imnposedl by this Code.
Ann~'Er XTIII

Employers shall plheet in conspicuous~ places, easily accessible to
all employees, full copies of th~is Code andl or comply with anyS other
posting regulations fr~om time to t~ime issued by the Administrator.
ARTI(LE ~IV
This Code shall become effectiv-e on the tenth day after its approval
by the Presidlent and shall continue in effect until June 16, 1935.
Approvedl Code No. 406.
Registry N~o. 1408-05.




UNIVERSITY OF FLORIDA

II I Ill I IIII11 11 111 II111 11 ll iI II 11
3 1262 08584 3513







(Crity)______________,
(Date?)
We (I) hereby assent to the Boanthuildinlg and Boatrepairing Industry Code
as approved by the Presidenlt onl the __-- day of ____1934, and agree
to perform all of its terms andl conditions on our (my) part to be performed,
and to pay such assessments as shlaH be made against us (me) as part of the
cost of administration in accordacttue with the provisions of the Code.







(480)

O




Full Text

PAGE 1

Approved Code No. 406 Registry No. 1408-05 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE BOAT BUILDING AND BOAT REP AIRING INDUSTRY AS APPROVED ON APRIL 24, 1934 I A t WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 I I I I ( For sale by the Superintendent of Documents, Washiniton, D.C. Price 5 cents V

PAGE 2

This publication ls for sale by the Superintendent of Documents, Government Printing Office, Washington, D . C., and by distric t 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.O. : Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex.: Chamber o f Commerce Building. Detroit, Mich.: 80 1 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 A venue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky. : 408 Federal Building. l\Iempbi. , Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orl ans, La.: Room 225-A, Cu::;tomhouse. ew York, N.Y.: 734 C ustomhouse. orfolk, Va.: 406 East Plume Street. Philadelphia, P a. : 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 Cu tomhouse. Seattle, Wash. : 809 Federal Office Building.

PAGE 3

Approved Code No. 406 CODE OF FAIR COMPETITION FOR THE BOATBUILDING AND BOATREPAIRING INDUSTRY As Approved on April 24, 1934 ORDER APPROVING CoDE OF FAIR CoMrETITION FOR THE BoATBUILDING AND BoATREPAIRING INDUSTRY An application having been duly made pursuant to and in full com pliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Code of Fair Competition for the Boatbuilding and Boatrepairing Industry, and hearings having been duly held thereon and the annexed report on said Code, containing findmgs with respect thereto, having been made and directed to the President: NOvV, 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. 6543-A, dated December 30 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Code complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article VII, Section 1, insofar as they prescribe a wait ing period between the filing with the Divisional Code Authority (i.e. actual receipt of the Divisional Code Authority) and the effec tive date of revised minimum billing rates be and they are hereby stayed pending my further Order either within a period of sixty days from the effecti, e date of this Code or after the completion of a tudy of open price associations now being conducted by the N at.ional Recovery Administration. HUGH S. JOHNSON' Adniinistrator for Industrial Recov e ry. Approval recommended: K. M. SIMPSON, Division Administrator. vVAsm.r~oToN, D.C., Ap1-il 134, 19S4. 54716 --482-152-34 (467)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The Whit House. Srn: This is a r })Ort on the Code of Fair Competition for the Boatbuilding and Boatre.pairing Industry, which has been duly assented to by the proponents of the Code. A public hearing was conducted in ,v ashington on Decembe r 11, 1933, and was reconvened on March 30, 1934, at which tune every person who so requested was given an opportunity to be heard in accordance with the usual procedure. LABOR PROVISIONS The Code provides a maximum work week of thirty six (36) hours for twenty six (26) weeks of the year and forty four ( 44) hours for the remaining twenty six (26) weeks of the year, with overtime to be paid for any time in excess of these hours or in exce of eight (8) hours in any one (1) day. Exception is made for emergency repair work. Office and clerical employees may work not more than forty ( 40) hours in one ( 1) week. Watchmen may be employed for not more than fifty six (56) hours in one (1) week or more than six ( 6) days in seven ( 7). vVages above the minimum on July 1, 1933 are increased ten percent (10 %). No person under sixteen (16) years of a.ge will be employed in the Industry nor anyone under eighteen ( 18) years of age at occupations hazardous in nature or detrimental to health. Code Authorities will submit list of such occupations to the Administrator. The standard clause regarding handicapped persons and standards of afety and health are incorporated in this Code. An Industrial Relations Board with equal representation of em ployers and employees is created to hear and conciliate labor dispute . TRADE PRACTICE PROVISIONS Thj Code prmides for the filing of minimum billing rates, and t he elling of products or services below cost is prohibited. ADMINISTRATIYE PROVISIONS For the purpose of administration the Industry is divided into five ( 5) divisions with a Divisional Code Authority to administer the Code in each Division. A National Code Authority is created to administer the Code for the Industry as a whole and to coordinate the activities of the Divisional Code Authorities. OTHER PROVI IONS Provision is made for furnishing the Administrator with suc h statistical data as he may require. (468)

PAGE 5

469 ~Methods for am nding and modifying this Code are provided. Monopolies are prohibited. : Members of the Industry shall comply with State Laws imposing more tringcnt requirement.s as to labor than are imposed by this "ode. The Yarious Divisional Code Authorities are, with the consent of both parties, constituted agencies to assist in the adjustment of contracts entered into prior to the effective date of this Code Vi'here the co t of executing such contracts is increa cd by this Code. Copies of this Code shall be posted in conspicuous plac . by each employer. ECON OlVIIC EFFECT OF CODE There arc about three thousand (3,000) concerns engaged in this Industry varying from small proprietors, building a :few small boats, to organized corporations, building and repairing all kinds of wooden and metal floating equipment within the definition contained in the Code. The values of production in 1929 for five hundred and seventy ( 570) con cern , estimated at seventy five percent (75 % ) of total production, was Seventy Seven Million Two Hundred Ninety Eight Thousand Dollars ($77,298,000), and Forty Seven Million Sixty Nine Thousand Dollars ($47,069,000) in 1931, a decrease of thirty nine and one tenths percent (39.1% ). In 1931 sixteen thousand three hundred (16,300) persons are estimated to have been em ployed, a decrease of six thousand eight hundred and eighteen (6,818) persons or twenty nine and five tenths percent (29.5%) from 1929. Employment in 1933 is estimated at ten thousand (10,000) wage earners. Estimated payrolls in 1929 were Thirty Seven Million Six Hundred and Twelve Thousand Dollars ($37,612,000) and in 1931 decreased to Twenty Four Million Twenty Thousand Dollars ($24,020,000), a decrease of Thirteen Million Five Hundred Ninety Two Thousand Dollars ($13,592,000) or thirty six percent (36%). The Code will effect a minimum reduction of nine percent (9%) in hours from :forty eight ( 48) to forty four ( 44), and a maximum reduction of forty percent ( 40%) from sixty ( 60) to thirty six (36) hours per week. Establishing the forty four ( 44) and thirty six (36) hour week will increase employment about five (5%) percent. In some cases minimum wages will be increase d :from eighteen (18) to fifty five cents (55 ) per hour. All hourly wages above the minimnm on July 1, 1933 will be increased ten p ercen t (10%). FI DINGS The Deputy Administrator in his final re.port to me on said Code having found as herein se t forth and on the basis of all the proceedin o. in this matter : I find that: (a) ail Code i well de signe d to promote the policies and purpo es of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of Interstate and Forei~ Commerce which tend to diminis h the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative. action among the trade

PAGE 6

470 groups, by including and maintaining united action of labor and management under adequate governmental sanctions and supervi sion, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and agricultural product through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than fifty thousand (50 , 000) employees; and is not classified by me as a major industry. (c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub section (b) of Section 10 thereof, and that the applicant group is an industrial o-roup truly representative of the aforesaid Industry; and that said group imposes no inequitable restrictions on admission to membership therein. ( cl) The Code is not designed to and will not pennit monopolies or monopoli s tic practices. ( e) The Code is 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 d eprived of the right to be heard prior to approval of said Code. For these reasons, therefore, I have approved this Code . Respectfully, HuoH S. JOHNSON, Administrator. APRIL 24, 1934.

PAGE 7

• ODE OF FAIR COMPETITION FOR THE BOATBUILDING AND BOATREPAIRING INDUSTRY ARTI LE I-PURPOSE To effect the policies of Title I of the National Industrial R ecovery Act, this Code is established as a Co de of Fair Competition for the Boatbuilding and Boatrepairing Industry, and its provisio ns shall be the standards of fair competition for uch Industry and shall be binding upon every member thereof . .... t\RTICLE II-DEFINITIONS SECTION 1. The term "Boatbuilding and Boatrepairing Industry" means the fabricating, constructing, repairing, reconstructing, re modelling, hauling or storing of the following types of vessels: (a) All wooden boats and vessels, and wooden floating marine equipment. (b) Pleasure boats and yachts, both wooden and/ or metal, up to and including one hundred and fifty ( 150) feet in length overall . . SEc. 2. The terms "Act", "Administrator ", and "President" as used herein means respectively Title I of the National Industrial' Recovery Act, the Administrator for Industrial Recovery, and the President of the United States. SEc . 3. The term " employee " means any and all perso ns engaged in any phase of the Industry in any capacity in the nature of em ployee irrespective of the method of payment of his compensation. SEc. 4. The term "employer" means anyone by whom such an employee is compensated or employed. SEo. 5. The term "Member of the Industry" means all those engaged in the Industry either as an employer, or on his or its own behalf, including contractors and sub-contractors. SEc. 6. The term "emergency" means that situation whereby a danger, or menace to the safety of a vessel, life, or property exists; or, where a delay would work an undue hardship on an owner through the loss of the use of his boat. ARTICLE III-P ARTICIP A.TION ECTION 1. If a Member of the Industry/ is engaged also in any other industry, provisions of this Code shall apply to and affect only that part of his business which is included in the Boatbuilding and Boatrepairing Industry as defined herein, provided, however, that when any person, partnership, corporation, association, trust, trustee or receiver, normally operating under the Code for the hipbuilding and Shiprepairing Industry engages in this Industry a de fined herein, he or it shall not be required to bear a part of the (471)

PAGE 8

472 expens e of admini t-ering this Code and when r equired to submit tatistics or information to a Code Authority of the Boatbuilding and Boatrepairing Industry hall do so through the Code Authority for the Shipbuilding and Shiprepairing Industry. SEc . 2. Each Member of the Industry hall be entitled to participate in and share the benefits of the activities of the National Code Authority and appropriate Divisional Code Authority and to participate in the selection of the members thereof, by assenting to and cmnplying with the requirements of this Code, and by notifying the Administrator that he desires to participate in this Code as provided for in Appendix I hereto attached. ARTICLE IV-LABOR PROVISION s ECTION 1. In compliance with Section 7 (a) of the Act it i provided that: (a) Employees shall have the right to organize and bargain col le ctively through representatives of their own choosing, and s h all b e free from the interference, restraint, or coercion of employers o f labor, or their agents, in the designation of suc h repres0ntativ s or in self-organization or in othe r concerted activities for the purpose of collect i ve bargaining or other mutual aid or protection. (b) No employ ee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; and ( c) Employers shall comply with the maximum hours of l a b or, minimum rates of pay, and other conditions of employment, approved or _prescribed by t h e President. SEc. 2. No person under 16 years o f age shall be employe d in the Industry nor anyone under 18 years of age at operations or occ upations hazardous in nature or detrimental to h ealth. The Divisional Code Authorities s h all submit to the Administrator within 60 days after the effective date, a list of such occupation s . SEc. 3 . No employer shall recl assify employe e s or duties of o ccu pations performed or engage in any other subterfuge for the purpose of defeating the purposes or provisions of t h e Act or of this Code. SEc. 4 . Every employer shall provide for the safety and h ealth of employees during the hours and at the places of their employment. Standards for safety and health shall be submitted by e ach Divisional Code Authority to the Administrator within six m nths after the effective date of this Code. ARTICLE V-HOURS OF w ORK SECTION 1. (a) No employee, except as otherwis e provided herein, shall be permitted to work more than thirty -six (36 ) hours per week during twenty-six (26) weeks of the year, or more than forty-four ( 44 ) hours per we e k during the remaining twenty-six (26) weeks of the year. Any time worked in excess of eight ( 8) hours in any twenty-four (2 4 ) hour period shall be paid at the rate of at least time and one-half. (b) Ewc eptions .-Th e maximum hours fix e d in the foregoing sect ion shall not apply:

PAGE 9

473 (1) To employ e on merg n yr 1 air job s r on m rg ncy maint nan work, but in any u h s1 ial a at 1 a t tim and one-half hall be pail f r hour work c1 in excC' s of the maximum hours h re in pro-,ided. All a e wher thi. e.7ception is applied shall be r port d to th Divisiona l ode Authority in u h form a it pre. rib . (2) T? p r n ngao-ed in manao-erial or executive capaciti 'S earnmo1n ex e f $' 5.00 per w ek, but shall apply to all such p ron., inclu ling mcmb r.:> of the Industry, actively engaged in similar work to that performed by employees on an hourly rate. ( 3) To watchmen who shall not be permitted to work more than fift ix (56) hour in any one week, nor more than ix (6) days in seven (7). SE . 2. No per on employed in clerical or office work shall be permitted to work in exc ss of forty ( 40) hours in any one week. The normal work day shall be eight (8) hours. EC. 3. No employee shall be permitted to work for a total number of hours in exce~s of the numbe r of hours prescribed for each week and day, whether em1 loyed by one or more employers. ARTICLE VI-WAGES SECTION 1. (a) Minimum Wage. No employee, except as otherwise provided herein, shall be paid less than forty-five ( 45) cents per hour except in the South, where no employee shall be paid less than thirtyfive (35) cents per hour. For this purpo e the South hall include that territory South of and bounded by the following lines: The Western boundary of Delaware, the Northern boundaries of Maryland, Arkan as, and Oklahoma, a line five ( 5) miles South of the Northern boundaries of vVest Virginia, and Kentucky, and the Western boundary of Texas . (b) This definition of the South shall apply until . uch time a . a hearing may be called by the Aclmini trator to review this que:tion for the Boatbuilding and Boa,trepairing Industry and the Shipbuilding and Shiprepairing Industry, and a new definition enunciated. ( c) Ewc eption.-If undue hardship is impose d on any emplo3 er (particularly .mall repair yards doing local bu i ne only) he may apply to the Admini trator for exemption from the forty-five ( 45) cent 1nin inrnm wage provision and upon presentation of adequate proof the Administrator, if he finds that undue hardship exist may allow a minimum waoe of thirty-five (35) cents pe , r hour. ( d) "ithin ninet (90) day after the effective date of this Code a . tud hall be made bv the Divisional Code Authoritie of the rntra'I n.nd Great Lakes
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474 (a) No clerical or office employee or watchman shall be paid at a rate of l ess than $14.00 p e r we e k. (b) Office boy s and office girl may be paid not less than eighty ( 80) p e r cent of the minimum wa.ge for cleri ca l and office employees, but the numb e r of s u c h office boys and office girls shall not exceed 5% of the total numbe r of clerical and o:ffic.e employees, provided, that each employer may e mploy at l eas t two persons in this class. SEc. 4. A person whose earning capacity is limited be c ause of age, physical or mental handica p or othe r infirmity, may be em ployed on light work at a wage below the minimum estab li shed by this Code if the employer obtains from the State Authority d e ignated by the United States Department of Labor a certificate authorizing h is emp lo y ment at s uch wages and for such hours as shall be stated in the certifi ca te. E ac h employer shall file monthly with the Divis ion a l Code Authority a lis t of all ~uch p e rsons em ployed by him, s h owi n g the wages paid to, and the' maximum . hours of work for suc h emp l oyee. SEc. 5 . This Article estab li shes a minimum rate of pay which &hall apply, irres pective of wh ether an employee is actually c om p e nsat ed o n a time r a te, piecewor k , or other ba s is. SEc. 6. Properly indentured apprentices may be e1nployed at wages below the minimum s ubje c t to the following provisions: (a) The number of apprentices shall not exceed 8% of the aver age numbe r of hourly employees, provided that at least one person may be employed in this class . ( b) The term of apprenticeship shall not be more than three years. ( c) The rate of pay shall not be less than 75% of the minimum wage estab li s h ed by this code . ( d) Information as to the rates of pay and the number of apprentices sh a ll be filed with the Divis ional Code Authority. ARTICLE VII-TRADE PRACTICES AND U NF A m METHODS OF COMPETITION SECTION 1. (a) Each member of the Industry engaged in repairing, hauling, or storing of boats shall promptly file after the effective date of this Code, with the Secretary of the Divisional Code Authority, or s u c h SubCommittee or agency as the Divisional Code Authority may designate, a schedule(s) covering time and material work showing: ( 1) Minimum labor b illing rates. (2) Minimum billing rates for the use of machine and powe r tool s whe n not included in (1), a bove. (3) Minimum rates or charges for the use of marine railways, e levator , hoi sts, and drydocks. (4) Minimum rates or charges for furnishing and supplying materials. (b) E ac h J\1ember shall certify that such rates, charges, and prices are not below the reasonable cost of such products or services, including the cost of direct labor, plus the cost of materials, plus a n adequate amount for overh ead. ( c ) Each suc h schedu le shall state the date upon which it shall become effec tive, which date shall be not less than fifteen (15) days

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47~ aft r th dat of filing u h ch dul , ith th r r tary; provid d, howev r that the first hedule fil d by any M mb r of th Industry, a abov provided, hall tak effect on th date of filing th re f and no rat , pri , or charge shown in any uch s hedul filed by any ~Iemb r of the In lu try hall be chang cl xcept by filing a new hedule as herein provided. ( d) These rat , charge , and pric s shall be held ubj ct to public in pee ion by the Divisional Code Authority an l any Di trict or local Committee establi heel in accordance with Article VIII hereof.1 SE . 2. The following practices are hereby declared to be unfair competitive practices and constitute a violati n of this Code. (a) To sell any product (s) or service ( s) below th rea onable co t of such product(s) or service(s). (1) For this purpose cost is defined as the cost of lirect labor, plus the cost of materials, plus an adequate amount for overhead, including an amount for depreciation , and for the u . e of any plant facilities employed but not including an amount for return on capital invested. Said cost to be determined by any fair m thod of accounting and/or estimating submitted by each Memb r of the Industry to the appropriate Divisional Code Authority for its approval subject to the review and disapproval of the Administrator. (b) To give or accept secret rebates, refunds, allowances, unearned discounts, or special services directly or indirectly in connection with any work performed or to receipt bill f or in uranc e work until payment is made. ( c) To permit any work ( except work done above deck or within the boat by the owner or regular boat's crew) to b e done by any person other than the owner personally, or those employed by or under sub-contract with the boatyard, on any boat of any kind while at said boatyard. ( d) To allow terms more favorable than tw o (2) percent dis count for cash payment within ten ( 10) day. after work i . clone. ARTICLE VIII-Arn.,nNISTR . \ TI . ..:r SECTION 1. Subject to the . power of the National Code Authority to change the geographical limits of the Division s of the Industry and to create new Divisions or combine existing Divi i o ns as the circumstances surrounding the administration of this Code may warrant, the Indu try hall be divided into five (5) livisions; namely the North Atlantic Division, the South Atlantic Division the Gulf Coast Division the Central and Great Lake Division and the Pacific Divi ion constituted a follow : (a) North Atlantic Division-J\1ain New Hampshire onne ti ut, Ma , achusetts, Vermont, Rhode Island, New York except the hores of Lake Erie and Lake Ontario and the lake and rivers ad-jacent thereto New Jer Delaware and Penn ylvania eat of Harrisburg. (b) outh tlantic Division-:Maryland, Di~ tri t of Columbia, Virginia North Carolina outh arolina, Georgia, Florida on the east coast to K y ,vest. 1 See paragraph 2 of order approving thl 'ode.

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476 ( c) Gulf Coast Division-Florida, except that part included in the South Atlantic Di vision, Alabama, Mississippi, Louisiana, Texas, Oklahoma, Arkansas, a.nd Tennessee. ( d) Central and Great Lakes Division-North Dakota, South Dakota, Nebraska, Kansas, Missouri, Iowa, Minnesota, Wisconsin, Illinois, I{entucky, Indiana, l\ilichigan, Ohio, West Virginia, and those parts of Pennsy 1 vania and New York not included in the North Atlantic Division. ( e) Pacific Division-New Mexico, Arizona, Colorado, Utah, Wyoming, Montana, Idaho, Nevada, California, Oregon, Washington and Alaska. SEO. 2. Subject to the rights vested in the Administrator under Section 10 of this Article, this Code shall be administered by Di visional Code Authorities and a National Code Authority as hereinafter set :forth. SEC. 3. There sh a ll b e organized in each Division a Divisional Code Authority consi sting of five (5) members, two (2) to be elected by majority vote on the basis of one vote for each Member of the Industry within the Divisio n, and three (3) ~o be elected by voting on the basis of number of emp loy ees; provided, however, that no Member of the Industry within the Division shall have more than one r epresentative on said Code Authority. In addition the Administrator may appoint one memb e r to sit without vote on said Authority. Each Divisional Code Authority shall administer this Code in its division and shall have the duties and exercise the powers which are conferred upon it by this Code or any revisions hereof, or which are delegated to it by the National Code Authority; shall e lect a chairman to preside at all meetings and a secretary to keep a minute record of all meetings; and shall have the authority to adopt appropriate by-law s, rules and r egu lations :for the exercise of its :fun ct ions, and to employ or designate such agents and delegate to them such duties and powers as may in the judgment of the Divis ional Authority be nec essary or desirable to effectuate the purposes of the Act, provided that nothing herein shall relieve any Divisional Code Authority of its duties or responsibilities under this Code. It being :found ne cessary to support the Administration of this Code, in order to effectuate the policy of the Act and to maintain the standards of :fair competition established hereunder, each Divisional Code Authority is authorized to incur such reasonable obligations as are necessary and proper or the foregoing purposes and to meet such obligations out of :funds which shall he held in trust for the purposes of the Code and raised as hereinafter provided; and to submit to the Administrator for his approval, subject to such notice and opportunity to be heard as he may deem necessary: (1) An itemized budget of expenses incurred in the formulation of the Code and its esti mated expenses :for the foregoing purposes, and (2) an equitable basis up_on which the funds necessary to support such budget shall be c01:itnbuted by all members of the Indu try entitled to the benefits accrmng from the maintenance of such standards, and the administration thereof. After such budget and basis of contribution have been approved by the Administrator each Divisional Code Authority shall determine and collect equitable contributions as above set forth,

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477 and to that encl i:f nece 'ary, institut legal pr cding therefor in it own nam . SEc. 4. Th r ha.11 b organiz 1 a Natiorn 1 od Authori y con i~ting of on (1) m mber cl signatel by ea. h Divisional Code Authority of th outh Atlanti DiYision, Gulf Coast Divi ion, Pacific Division an l North Atlanti Divi.-ion, t vo (2) members de ignated by the DiYi ional ode Au hority of the entral and Great Lakes Division and two (2) member elect cl at large from the North A !antic Divi ion by member f the Inuu try within that division, the method of who election is to be det rmined by the fomporary National ode Authority ubje t to the di approval of the A lmin i .. trator. EC. 5. In a dition to the above, the Admini trator, in his dis cretion, may appoint not more than three (3) members to the National Code Authority without vote to serve without expen s e to the Industry, and to crve al o on the tem.porary National Code Authority. Ee. 6. he National Code Authority hall have the following power and dutie in a klition to any other power el ewher in this Code pro i
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478 SEc. 9. Each Trade A ssociation directly or indirectly participat jng in the se l ection or activities of the Divisional Code Authorities o r the National Code Authority hall impose no inequitable restrict ion s on m embe r ship therein; and shall submit to the Administrator true copies of its a.rtic1es of association, by-laws, regulations, and any amendments when made thereto, togethe r with such other information as to membership, organization, and a,ctivities as tl1e Administrator may deem necessary to e ffectuate the purposes of the Act. SEc. 10. If the Adm.inistrator shall determine that any action of a Code Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may require that suc h action be suspended to afford an opportunity for investi gation of the merits o f s u c h action and further consid eration by Ruch Code Authority or agency p e n cbng final action which shall not be effecti ve unle s s the Administrator approves or unless he sh.all fail to disapprove after thirty days' notice to him of intention to proceed with suc h action in its original or modified form. SEc. 11. In order that the Code Authorities shall at all times be truly r epresentative of the members of the Industry and in other respects comply with the provis ions of the Act, the Administrator may prec:::cribe s u c h hearings as he may deem proper; and there,.. after, if h e shall find tha.t any Code Authority is not truly representative of the : Members of the Industry or does not in other respec ts comply with the provisions o f the Act, may r equire an appropriate modification in the method of selection of such Code Authority. SEc. 12. Nothing contained in this Code shall constitute the mem bers of the Code Authorities partners :for any purpose. Nor shall any member of a Code Authority be liable in any manner to anyone for any act of any other m ember, o fficer, agent or employee. of the Code Authority. Nor shall any 1nember of a Code Authority, exer cising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any a ction or omission to act under this Code, except for his own wilful malfeasance or non-fe.asance. SEc. 13. A temporary National Code Authority of eight (8) mem bers, in addition to the members appointed under Section 5 hereof, shall b e appointed by the Administrator to serve :from the effective date until the election of the permanent National Code Authority, which temporary National Code Authority shall have the powers and duties of the National Code Authority and shall supervise the election of the Divisional (;ode Authorities and the National Code Authority. ARTICLE IX-MODIFICATION AND CANCELLATION SECTION 1. This Code and all the provisions thereof are expressly made subject to the right of the President in accordance with the provisions of subsection (b) of Section 10 of the Act, from time to time to cancel or modify any order, approval, licensei rule, or regulation is sued under Title I of said Act and specifica ly, but without li1nitation, to the right of the President to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof.

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479 SE . 2. Su h f th pr v1 1 n of thi. , tl a. c re not rcquir cl to be in lu l l h r in by th Act, may, with th apprqval of th lministrator, aft r u h notic: and hearing a he hall pc ify, bl mo Ii.fie l or eliminated a cha.no-es in the irc:um. tan es r xpcri n may indicate. EO. 3. An amen lm nt may b pror :ed by any int re . kl party ith r to the National C le Authority or dir ctly to th \.clministra tor. All proposed amendments hall with the approval of th Admini trator be referred to the National Code Auth rity who . hall give M mb r of the Indu try an opp rtunity to be heard thereon, through the Divi ional Code Authoritie and thereafter, within suc h time as the Administrator may pecify , the National Code Authority shall make such recommendations thereon a it may cl em proper; provided, however, that when approve l by the Admini. trator as necessary or adYisable to effectuate the policie of the A t, after such notice and hearing as he may prescribe, any proposed nm"ndm nt shall thereupon become effectiYe a. part of thi Code. ARTICLE X-~IONOPOLIES No provi ion of this Code shall be so applied. a to permit monop olies or monopolistic practices or to eliminate, oppr ss or discriminate against mall enterprises. ARTICLE XI-INDUSTRIAL RELATIONS BOARD An Industrial Relations Board shall be set up con sisting o f two (2) members elected by the National Cod e Authority and two (2) members appointed by the Administrator from nominations of the Labor Advisory Board, of the National Recovery Admini. tration. This Industrial Relations Board shall meet at such time and places as it may determine, to hear an l conciliate labor disputes which may arise within the Industry. If agreed to by the partie of a controversy the Board may act as a board of arbitration with power to elect an umpire to sit before the arbitration and in such ca e its decision shall be final and binding on the parties to the arbitration. ARTI LE XII-STATE LAWS "\Vithin each State, this Code shall not, uper ecle any law~ of uch State impo ing more stringent requirements regulating the age of employees, wages, hour of work, or health, fire, or general working ondition , than ar impo. ed by this Code. ARTICLE XIII Employer shall place in conspicuous place, easily acces ible to all employee , full opies of thi Cod and/or comply with any other po ting regulati n from time to time i ued by the Administrator. ARTICLE XIV Thi Code shall be om :ffectiY on th t nth clay after it approval b the Pr iclent ancl shall conti11n in effect until June 16, 1935. Approved ocl ~o. 406. R gistry No. 140 05.

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UNIVERSITY OF FLORIDA II I II IIIII I Ill Ill lllll lllll II IIIIII II IIIIII II 1111111111111111111 3 1262 08584 3513 APPErrDIX I (City) ______________ __ _______ ______ _ (Date)-----------------------We (I) here by nssent to tl.le Boatbuilding and Boatrepairing Industry Code as approved by the President on tile ______ day of ______ 1 034 , and agree t o perform all of its terms and conditions o n our (my) p,!lrt to be perfor med , and to pay such asse sments as shall b e made agains t us (me) as part o f t h e cost of administration in acc orclan<:e with the prov i s ions of the Code. (480) 0