Citation
Code of fair competition for the wax paper industry as approved on December 18, 1933 by President Roosevelt

Material Information

Title:
Code of fair competition for the wax paper industry as approved on December 18, 1933 by President Roosevelt
Portion of title:
Wax paper 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. 233-241 : ; 24 cm.

Subjects

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

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 411-01."
General Note:
"Approved Code No. 166."

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:
004931429 ( ALEPH )
63654697 ( OCLC )

Full Text

I. we no nue pAy3
UNIV. O3F FL USe.





U.S. DEPOSiTORY

1. Executive Order
2. Letter of Transmittal
3. Code







UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


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


Approved Code No. 166


Registry No. 4I11-01


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


WAX PAPER INDUSTRY


AS APPROVED ON DECEMBER 18, 1933
BY
PRESIDENT ROOSEVELT























This publication is for sale by the Superintendent of Documents, Government
Printing Office, WFlashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commec.

DISTRICTS~ OFFICES OF THE DEPARTMENT OF COMMIERCE

Atlanta. Ga.: 504 Post Office Building.
B~irminghaml Ala.: 257 Federal Building.
Bl.> Buff3alo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
C'hil:a zo, Ill.: Suite 1706, 201 Northt Wells Street.
Clevelaud. Ohio: Chamber~ of Comm~erce.
Dallas, TIex.: Chamber of Commerce Building.
D~etroit,l Mich.: 2213 First National Banlk Building.
HEouston, Tex.: Chamber of Commrere Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Ko;;nsos City, Mo.: 1028 Baltimore ALvenue.
Los Angeles, Calif.: 1168 Bouth Broadwriay.
Louisv ille. Ky(,.: 408 Feideral Building.
Ms~.mrbhis, Teuu. : 220 Federal Building.
M\innezltpolis, Minn.: 213 F'ederal Building.
New Orleans, La.: Rloom 22;5-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Ltouis, Mo.: 506 Olive Street.
Ban F'rancisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federall Building.













Approved Code ]No. 166


CODE OF FAIR COMPETITION
FOR THE[

WVAXED) PAPERII IND)USTRI~Y

As Approved on December 18, 1933
BY
PIRESID)E]NT ROOSEVTELTI






Executive Order



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 1_6, 1933, for my approvr~al of a Code
of Fair Competition for the W~axed Paper Industry, and hearings
having been held thereon and the Admlinlistrator having rendered
his report containing an analysis of the said code of fair competition,
together with his recommendations and findings with respect.thereto,,
and the Admninistrator having found that the said code of fair
competition complies in. all respects with the pertinent provisions
of title I of said act and that the requirements of clauses (1) and
(2) of subsection (a) of section 3 of the! said act have been met:
NOW. TH[EREFORE, I, Firanklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by title I of
the hNational Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations, and
findings of the ALdministrator and do order that the said code of fair
competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended :
HoncI S. JoINSON,
A dm~~ inis~~ltrato.
THIE WHITE HO0US E,
December 18, 1933.


277i420--200G-20~-- >


4 233)









I)ECEMlBER 1_2, 1933.
TlHE PRESIDENT,
The WhFite Houlse.
Sma: This is a report of the hen ring on the Code of Fair Com-
petitio:n for the W~iaxed~ Paper Industry, conducted in W~ashington
on Oc~tl:b1er 21, 19,33, in ncc.ordannce with the provisions of Title I
of the Nliational Indust~rial 1Recovery Act.

HO~Rs ArND WAGEs
The Cod~e p~rovides for a standards forty-hour week with provision
for averagrilgr to meet peak deml~ands and~ for ov-er~time for hours
worked in excess of eight per day. The usualn exceptions are m~ade
in relation to incidtental. nonproducing employees.
The minimum wage rante is 400L per hour in the North and 354
per' hour11 in the South w-ith a femarle differential of 54 in both. cases.
Women doing the sal-t-me rk as men must receive the same pay.
The mlinimnuml for office employees is $16.00 per wFeek; in cities of
25,000 or more and $15.00 in smaller plnces.
OTHER PROVISIONS

The Coderl con~ltains the usual provisions for ~filing reports and
an open price selling planl.
]Ecoh~nomc EFFECT O1F THE CODF

The bus-iness of this industryT is the mannufactture of wanxed paper.
The ulse of this material for food wrapp~-ing purposes has been
steadily gro-wing. Consequently thlere is no unemaployment in the
industry. Tler~e wetrle about 1,900 employees in. 1929, and this
number wvill be increa~nsed~ to about 2,900 under the Code.
Total p~ay rolls have or will be increased by about onle quarter
million dollars.
FlsI~asc

The Administrator finds that-
(at) The Codet a.; recomllmendedl comuplie s in. all respects with. the
pertinent provisio~ns of Title I of the Atct, includ~ing without limita-
tion, sublsctr~ion (a) of Section 7 and subsectio~n (b) of rSection 10
tlth1erof ; and that
(b) Thle applicant group imlposes no .inequitlble. restrictions on
admision t nwmership therein and is truly representative of the
Waxned PapIer Indullstry; andl that
(c) T'he Codle as recommended is not designed to promote monop-
olies or to eliminalte or oppress small enterprises and will not operate
to rli-cr~iminate against them, and will tend to effectua~te the policy
of Title I: of the N~ational~l Indlu;t~rial RIecovery Act.
It is rc'cnmmelt nded,, therlefore, that this Code be! approved.
terSpectfully submitted.
I-~van S. JoansoN,
Admclzinlistrator.
(284)














FOR THIE

WVAXED PAPER INDUSTRY

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following is hler~eby estab~lishedl as a Code of Fair
Competition for the above-named Industry and shall be binding on
every member thereof.
ARTICLE I--DEFINITIONS

The following w)Iords are used in this Code with the meanings
herein set forth.
Industry "-Coating and/or imrprecgnatinlg paper (but not paper-
board) with paraffn or mineral oil, but excluding the processing of
paper for use as fruit wrappers and the processing of oiled-shredded
paper for fruit packing.
'' Member '"--A natural person, partnership, corporation, associa-
tion, trust, trustee, trustee in bankrruptcy or receiver engaged in such
Industry.
Act "--Title I of the N~ational Industrial Rec~ove~rya Act.
"L Administrator he National Industrial Recovery ALdministra-
tor.

ARTICLE II-ORGANIZATION AND Anm~IxSI.; n~.vrTox:

1. The members of the Executive Conunitt~ee of the ~American
Wea xed Paper Association, together with such other person. or peIcrlso
as the Adlministrator ma~y designate are hereby constituted the C~ode
A Ithority of the Industry. The members of the Code A~uthority
designated by the Adminisl~t~ t orat shall act in an advl~isory3 capacity
and shalll have no vote.
2. The said Association shall file with the APdmninistrator certified
copies of any amendments of its Bi3ylaws r~elating~ to eligibility or
admission to membership in such Association, or relating to the
method of selection of the mlemb~ers of such Executiv-e Committee.,
which suc-h Association may hlereafter adopt.
3. The! Administrator may at any time prescribe a different method
for selecting the Industry members of the Code Authority, anc'
there after, such~ members shall be chosen in the ma,7nner so prescribed.
4. The Code Authority is charged generally with the duty of
administering this Code undler the sancrtion and with thec approval
of t he Ad~minist rator. Atll acts of the Code Authority shall be sub-
ject to review by thle! Administrantor and to suspension, modification,
or cancellation byr him in any case in which he shall determine that
such act violates the purpose of the National Industrial Recovery A8ct


CODE OFi FAIR COIMPIETITIL`ON






236


5. The expetn-es of administering this Codle shall be borne pro
rata, in ne(corIdance with a formula to be adopted by the Code, Au-
thority,7 by all membersI of such Indulstry3 who accept the benefit of
the services of the Code ~Aulthority or otherwise assent to this Code.
6. The Code Au~thrl-it~y shalnl have power to investigarte alleged
violations of this Code and acts or courses of conduct by any member
which are or appear"' to be contrary to the policy of the Ajct or which
tend or mary tend to render inecffiective this Code, and to rIep~ort the
same with r'ecommendat l C':IionsS to thne Administrator.

ARTICLE III Horns or LABOR

1. Employees in the Indrus~try shall not be required or permitted
to work hours in excess of the limits prescribed in, the following

SCHEDULE OF WORKING HOURS

(a) W~atchmen: Eight (8) hours in any one day and fifty-six (56)
hours in any one wree~k.
(b) ChauffearsI, tru~ck~men, engineers, and firemen: One hundred
sixty-eighit (168) hours in any period of four (4) consecutive weeks,
provided, however, that time workedl~~ in excess of nine (9) hours
in one day shall be paid for as not less than time and one third.
(c) All other labor-rc, mechalnied~ workers, or artisans employed
in any plant, mill, or factory or on work connected with the operation
of such plant, mill, or factory: An average of forty (40)hours per
week: in anyr period of twecnt~y-six (26) consecutive wees but not
more tha~n forty-eight (48) hours in any one week, provided, ho~w-
ever, that time worked in. excess of eight (8) hours in any on day,
shall be paid for as not less than time and one third.
(d) Executives and their pe-~srsonl secretaries and other emnployetes
engagedt' in, a supervisory capacity and chemists receiving $35 or more
per we~ek and outside salesmen: No limitation.
(e) AL-ll other employees: An average of forty- (40) hours per w~eek
in any period of thirteen. (13) consecutive weeks, but not more than
forty-eight (48) hours in any one week.
2. Nto limitation contained in said Schedule shall apply to emp-
ployeess of any class when engaged in. emergency repairs or emer-
gency mal~int~enance workr occasioned by break-downs or involving pro-
tection of life or property; provided, however, that time worked
under this sectlion in excess~ ofr eight (8) hours in any one day andi
forty (40) hours irr any onle week shall be paid for as not less t~hanl
timelt and one third.
3. ~No employe3e shall be permitted to work for two or mor~e mem-
ber~s of the indlustry3 an agregar~te. number of hours in excess of the
numbellr prescribdcc in said Schedule.
4. No memllber shall operate his plant in excess of 144 hours per
AnlTICLIE 17- AGES

1. TIhe m~inimulm rante of w~ages of any aoemcaia okr
or artisan employed in, anly plant, mlil l, or factory or on work con






237


nectedl with the operation of any such plant, mnill, or fnctory shall
be as follows:
(a) Naorthern Zone, which shall co-nsi t of all of the territory of
the Uniited States except the States Inamedl in subdivision (b) :
Male labor, 40 cents pecr hour
Femnalez InILor, 35 cents per hou~lr
(b) Soultherln Zone, which shall co~nsist of the State~s of V~irgrinia,
Kentuck, Tennessee, )Northl Caro-lina, South Carolina, G~eorg~in, lor-
ida, Alabama, M~ississippi, L~uisjiann, A~kain-as, and Texas:
3Male labor, 35 cents per 'houlr
Female labor, 30 cents per hour
2. PiecewTor~kers shall be paid at rates which will yield a worker
for an hour's work; not less thanl thle minimul~m ra~te above prescr~ib~ed.
3. The minimunlr m rates of wages for all other employees except
comnmissio~n salesmen shall be as follows: Sixteen dollars ($16) per
week in any city of 25,000 poplalltion or over, and fif~teenn dlollnr~s
($15) per week: in any city or town of less than 25,000 popuilationl.
4l. Female employees performingr sub~stantially the same work
under the same cornditions as male emlployee~s shall receive the same
rate of pay as male employees. The Code Authority shall within
901 days after the effective date of this Code file with the Adminis-
t.rntor a description of all occupations in the Industry in which
both men anld women are employed.
5. The wage rates of all emplo-yees receiving more than, the mnini-
mluml rates herein prescr~ibedi shall be reviewed and such adjust-
mnents, if any, made therein as are equ~itab~le in the lighlt of all th~e
circumstances, and wriithin sixty (60) days after the effective date
her~eof, the Code Auth~ority shall report to the Adm~inistratorl the
action tak-en by all memnbers of the Ind~ust~ry ulndrlc this Section.
6.Aperson whose? earnmgr enpacity is limited because of age or
physical or mental handicap may be emplloy~ed on flight~ w~ork at a,
wrage of not less than 80%0 of the minimum prescribed by this Code,
providedl the State. Authority designated by the United States
Department of Labor shall have issued a certificate authorizing his
employment on such basis. ]Each member shall file with the Code
Authority a list of all such pers~ons empl-loyed by him. The pro-
vision of this Section requirigg a certificate of authority shall not
become effective until sixty days after the effective date of thnis
Code.
7~. Office boyvs and girls under 18 years of age may be employ-ed
at a wage of not less t~han 80%/ of the minimum pr~escr~ibe d b~y
Section 3 hereof, prov-ided t'hat not more than 5%a of the emplloyees
of such class may be paid as office boys and girls.
AnnexasE V--GENERAL LABOR PnovisTons

1. No person under sixteen (16i) years of age shall be employedi
in t.he Industry. ]No person under eighteen (1) ears of age shall
be employed at operations or occupations hihare hazardious in
nature or dangerous to health. The Code ~AuthorityT shall submit
to the Admzinistrator within sixty (60) days after the effective date
of this Code a list of such operations or occupationrs. In any State
an employer shall be deemed to have complied with this provision







238


as to age if he shlall have on file a certificate or permit duly signed
by the authority in such State emnpowered to issue employment or
age certificates or permits, show7cingf that the employee is of the
required age.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own chooig ndsalb
free from the interference, restraint, or coercio~n 'of empshloyerso
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities f~or the purpose
o~f collective bargaining or other mutual aid or protection. No emz-
ployee and no one seeking employment shall be required as a con-
dition of employment to join any company union or to refrain
from joinmng, organizing, or assisting: a labor organization of his
own choosing. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
3. No provision. in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of workl, or as to safety, health, sani-
tary or general working conditions or insurance or fire protection,
than are imposed b~y this Code.
4. No employer shall reclassify employees or duties of occupations
performed or engage in, any other subterfuge for the purpose of
defeating the purposes or provisions of thne Act or of thiis Code.
5. All employers shall post copies of Articles III, IV, and V of
th~is Code in conspicuous places accessible to employees.
6. Every employer shall make reasonable provisions for the safety
and health of his employees at the place and during the hours o
their employment. Standards for safety and health shall be sub-
mitted by the Codte Authority to the Administrator within six: (6)
months after the effective date of this Code.
7. No provision in this Code shall supersede provisions as to hours,
wages, and conditions of employment which are established for
specific projects by competent governmental atuthorit 't,y actin2,g in
accordance with law, or to terms of employment whichreetb
lished by labor agreements no~w in force, where either th~e wagaes are
higher or the hours of labor are shorter, or both than are those set
forth in this Codle.
8. The Code Authorityr shall make a study of conditions in the
industry to determine the feasibility of the adoption of a shr~te~r
working weekr and shall, within thre-e (3) months after thie effective
date of this Code, make a report of its findings to the Adminis-
trator. The Code ~Authority shall also submit to thle Adlministr~ator
within six (6) months after the effect~ivet date of this Code, a plan~
for thne stabilization, anld regularization of employment.
~ARTICLE VTI-A-Iccov sn No-~C SELLING

1. Thle Code Authority shall, as soon as pralct icabtle, formlate~i~t a
standalrld method of ne<*oulntingr and coctingr for the indusrtry3 and
siubmli t the samnle to the? AdmIni nist ra tor. ACnly such method shall pro-
vide mneanis for cleterminiii ngr the pr~ice at which paper shall ber cha~rged
to the converting6 divisioni of a, combl.inedl paper mlalnufacturin g~ and






239


converting plant. When such m~ethoc d shall have been approved by
the Administrator, every memberl shall risc an almounting and creating'
systems which conforms to thne principles of, and is at least us dectai~cld
and complete as, such standardl metiodl.
2. Each member shall, on or before 30, day-s after the effective
date of this Code, file withr the Code Authiorit~y complete sc~hedulet; in
such formn as the Code Atuthority shall pr~c~rib~e of prices and terms
and conditions of sale for domestic consumption (including all dli tfer-
entials, discounts, trade allowances, and special charges), of all prod-
ucts off'eredcl for sale by such mbeandl shall so file all ubllseqc~uent
cha~nges therrein or revilsions thereof at least five! da~ys prior to the
elffectiv-e time of any such ch~ng~es or rev.isionsll. When any ruembller
shall file any such schedule or anry revision~ thereof, any other mem-
ber may also file a :revision of his own schedle~~~ to become e~fflectivre
as of the same time as such first men~tiondcr she~dule. The~ Code
Authority shall, upon request, furnish any pers~n conrcerned,. whether
or not a member of the IndustryS, a copy of all such -schedules~tr and
of all changes andl revisions thtlereof.
3. N~o such schedule of prices andc termn s and coc-ndition,~s of sale
filed by any member, or in effect: at anyr time shall be such as to
perm it the sale of any product at less than the lower of the fol lowing:
(a) Thle cost of such products~ to su<-h! member, wFhic~h cost shall bet
determined pursun~nt to the method of accou~nting and closting pre-
scribed by the Code _Authiority under this Alrtircle as soon. as that
method is prescribed and theretofore pursuannt to the method emn-
ployed by such memb'ier subject to e~c~h p~relimninaryI rules as the Code
Authority shall from time to time prescribe.
(b) The lowest price schedulled for such produl~ct under th~e pro-
visions of this Article by any other nlmembe and thlen in effect.
Each schedule filed under this A4rticle shall state ~he~thler the
prices, terms, and conditions therein specrifiedl are justifiedl under
subdiv-ision (a) or under siubdivision, (b) of thiis Sectio~n, and~ in, thre
case of justification under subdivision (b) shall idlentify the schedule
or schedules of the other member or membnlers of the ind'ustry justi-
f~ying such prices, ters and condl~it ions. A schedule justified upon
the basis of the schedule or schedules of another mlemblr or mremnbers
shall become void fortwith. upon th~e cancellation or revision upwardl
of such justifyig schedule or sch~ed~ules.
4. The Code Authority shall have p~owei on its own1 initiative, or
on the complaint of any member, to inv-estigate any price for any
p'roduct shown in any ,Schedule! fild hereund~r, and for such pur-
pose to require t~he member who filed such Shedule to furnish such
information concerningr the cost of malnulfactufring su1ch~ product as
the Code Authority shall deem necessary or proper for such purpose.
If the Code ALuthority, after such inv-estigation shall dletermiine that
such price violates the provisions hereof, th Code Authorit~y shall so
notify such member, and thereupon such price shall become v-oid and
of no effect. All such decisions by the Code .Authority shall be :filedl
with the Administ~rator.
5. Except in fulfillment of bona fide contracts exi~sting on the
effective date of this Code, no member shall sell any products of the
Industry for domestic consumption at a price or prices lower than or
upon terms or conditions more favorable than stated in his price






2140


schedules then on file, provided, howevc\er, that discontinued 'lines or
damagedc~ goods or seccondls or distress .merchandise required to be
sold to liquida~te a defunct business may be disposed of in. suchn ma-
ner and on such terms and conditions as the Code Authority may
approv~e.
6. The Code Authority may suspend for any period of time, and
from time to time, all or any of the provisions of Sections 2, 3, 4, and
5 hereof as to any specified product or products of the Inldustry.
7. Selling of waxed paper on consigmnment is prohibited.
ARTICLE 711-REPORTS AlND STATISTICS

1. Each member shall prepare and file with an impartial agent
designated by the Code Aeuthnorit~y at such. times and in such. manner
as it may prescribe such statistics, data, and information relating
to plant capacity, volume of production, volume of sales in units
and dollars, orders received, unfilled orders, stocks on hand, inv~en-
tory, both raw and finished, number of employees, wage rates, em-
ployee earnings, hours of work, and other matters as the Code
ALuthorityV or the Admninistrator may from time to time require.
Any or all information so furnished by any member shall be subject
to checking for the purpose of v~eri~ficatioln by an examination of
the books and accounts and records of such member by any disin1-
terested accountant or accountants or other qualified person or per-
sons designated by the Code Aluthority.
2. 1Except ais otherwise provided in the Act, or in this Code,
all statistics, data, and information filed or required in accordance
with the provisions of this Code shall be confidlent~ial and the statis-
t~ics, data, and information of one member shall not be revealed to
another memnber. No such data or information shall be published
except in combrllination with other similar data and in such~ a man-
ner as to avoid the disclosure of confidential information. T~he Code
Authority shall arrange in such manner as it may determine for
the publication currently to members totals of orders received,
unfilled orders, shipments, stocks of finished goods on hand, and
production.
3. The Code Authorityr shall make such reports to the Adminis-
trator as he mray from time to time require.
4. In addition to information required to be submitted to the
Code Authorit~y there shall be furnished to Government Agencies
such statisticall information as the Administrator may deem neces-
sary for the purpl-ose~s recitedc in Section1 3 (a) of the Act.Lt
AR:TICL.E VIII--RECOMMIi~ENDATIONS

1. Th~e Codle Authorit~y may from time to time p~resent to the
Admlninistrator rcrorm mendationss based on conditions in the Industryg
which wcPill tend to effectulate the operation of this Code and ~the
(polc of the A~Ct, and in particular alongF the folltowFing lines :
(a) For thne startblishmentt of rules of fair trale practice for the
Industry andl for the codification of its trade customs andl thie
enlforcem~ent thereoccf.






241


(b) For restrictions on the creation of new facilities for the
manufacture of any product of the indtustry or on the acq~uisition
by any onmber of newFp equipment for sulch mnu~lfa~c~ture.
SCuchl recom~lmendations, whvfen app~Irov'ed by thne Adm~inistrator, shall
have the samea force anld effect as the p~rom~ions of thiis Codle.
~Arrxcla IX-GENERA.L FPROV\ISIONS

1. If any member is also a members of another industry, the pro-
visions of this Code shall apply to and affect only thart part of his
business w~hich~i is inluded in this :indu~stry.
2. Any work or process inciden~tal to and carried on by a mem-
ber at his plant as a par~t of the manufncutur of any product of thne
:industry shall be regardedl as a part of this industry.
3. Such of the procvisiojns of this Code as are not reqcuir~ed~ to be
include heren bythe ct my, ith the approval of the President
oflurt the Unitdy Sttes bet modifiedor elimninated as changes in cir-
cumlstances or experience maly indicate.
4. This Codle and all the! ptroyisions thereof are expci;reSl made
subject to the right of the Pre~sident, in accordance ~ c with the pro-
visions of Section 10 (b) of the ASct, from1 time to time to eannel
or modify anry order, ap~prova-l, license, rule, or reg-ulation i~ssued
under Title I of said Act anld specifically, but without limitatio~n
to the righlt. of the Presicent to caniel or modify his approval o~
such cdorany conditions imlposedl by him upon his approl~val
thereof.
5. This Code shall become effe~ctiver on fthe secondic- Mionday after
the date ulpon which it shall be approved by the President of th3e
United States.
Approved rode. No. 166.
Registry No. 411-01.




UNIVERSITY OF FLORIDA
lil iilil#II I lll I I I I I II Il i
3 1262 08582 8803




Full Text

PAGE 1

Approved Code No. 166 Registry No. 411-01NATIONAL RECOVERY ADMINISTRATIONCODE OF FAIR COMPETITIONFOR THEWAX PAPER INDUSTRYAS APPROVED ON DECEMBER 18, 1933BYPRESIDENT ROOSEVELTRMEMBERW.O OWUR PART1. Executive Order2. Letter of Transmittal3. CodeUNITED STATESGOVERNMENT PRINTING OFFICE WASHINGTON: 1933For sale by the Superintendent of Documents, Washington, D.C. --------Price 5 cents

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This publication is for sale by the Superintendent of Documents, GovernmentPrinting Office, Washington, D.C., and by district offices of the Bureau ofForeign and Domestic Commerce.DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCEAtlanta, Ga.: 504 Post Office Building.Birmingham, Ala.: 257 Federal Building.Boton, Ma ss.: IS01 C'ustoimhouse.Buffalo, N.Y.: Chamnber of Commerce Building.Cliarleston. S.C.: Chamber of Commerce Building.Chica-o, Ill.: Suite 1706, 201 North Wells Street.Cleveland, Ohio: Chamber of Commerce.Dallas, Tex.: Cihamber of Commerce Building.Detrdit, M ch.: 2213 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.LouisN ille, 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.: 933 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 Building.

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Approved Code No. 166CODE OF FAIR COMPETITIONFOR THEWAXED PAPER INDUSTRYAs Approved on December 18, 1933BYPRESIDENT ROOSEVELTExecutive OrderAn application having been duly made, pursuant to and in fullcompliance with the provisions of title I of the National IndustrialRecovery Act, approved June 16, 1933, for my approval of a Codeof Fair Competition for the Waxed Paper Industry, and hearingshaving been held thereon and the Administrator having renderedhis report containing an analysis of the said code of fair competition,together with his recommendations and findings with respect thereto,and the Administrator having found that the said code of faircompetition complies in all respects with the pertinent provisionsof title I of said act and that the requirements of clauses (1) and(2) of subsection (a) of section 3 of the said act have been met:NOW. THEREFORE, I, Franklin D. Roosevelt, President of theUnited States, pursuant to the authority vested in me by title I ofthe National Industrial Recovery Act, approved June 16, 1933, andotherwise, do adopt and approve the report, recommendations, andfindings of the Administrator and do order that the said code of faircompetition be and it is hereby approved.FRANKLIN D. ROOSEVELT.Approval recommended:HUGh S. JOHNSON,Administrator.TilE WHITE HOUSE,December 18, 1933.277420 -2G-2G -'233)

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DECEMBER 12, 1933.TIE PRESIDENT,The JV7ite H7oue.Sm : This is a port of the hearing on the Code of Fair Com-petition for the Waxed Paper Industry. conducted in Washingtono October 21. 19")3. in accordance with the provisions of Title Iof the National Industrial Recovery Act.HoURS AND WAGESThe Code provides for a standard forty-hour week with provisiong to meet peak demands and for overtime for hoursworked in excess Of eight per day. The usual exceptions are madein relation to incidental hionproducing employees.The minimum wage rate is 40o per hour in the North and 350peu hoim in the south with a female differential of 50 in both cases.Women doing the same work as men must receive the same pay.The minimim for hOliee employees is $16.00 per week in cities of25: 0O or more and 15.00 in smaller places.O-rHm Provis1 INsThe (ode cmOtainI' the usuzil provisions for filing reports andan open pri selling plan.ECoNx m EFFECT OF THE CO)yThe bu-iiness of this industry is the manufacture of waxed paper.The -e of this material for food wrapping purposes has beensteadily -rowing. Consequently there is no unemployment in theindustry. There were about 1.900 employees in 1929, and thisnumber will be increased to about 2,900 under the Code.Totat pay rolls have or will be increased by about one quartermillion dollars.Fi NIxGsThe Administrator finds that-(a) The Code as recommended complies in all respects with thepertinlent provisions of Title I of the Act, including without limita-ti, subsection (a) of Section 7 and subsection (b) of Section 10thereof: and that(b) The appdicait group imposes no inequitable restrictions on8dbOissioll to) membership therein and is truly representative of theWaxed Paper Industry: and that(c) The Code as recominended is not designed to promote monop-olies or to eliminate or oppress small enterprises and will not operateto d icri'minate a--ainist t hem, and will tend to effectuate the policyof Title I Of the Nationl Iindustrial Recovery Act.It is i('( nemieided, therefore, that this Code be approved.lRes pectfully simbIrm itted.HuGH S. JoHNSON.AIm in (iator.(234)

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CODE OF FAIR COMPETITIONFOR THEWAXED PAPER INDUSTRYTo effectuate the policies of Title I of the National Tn(lustrialRecovery Act, the following is hereby established as a Coje of FairCompetition for the above-named Industry and shall be binding onevery member thereof.ARTICLE I-DEFINITION"SThe following words are used in this Code with the meaningsherein set forth."Industry "-Coating and/or impregnating paper (but not paper-board) with paraffin or mineral oil, but excluding the processing ofpaper for use as fruit wrappers and the processing of oiled-shreddedpaper for fruit packing." Member "-A natural person, partnership, corporation, associa-tion, trust, trustee, trustee in bankruptcy or receiver engaged in suchIndustry." Act "-Title I of the National Industrial Recovery Act." Administrator "-The National Industrial Recovery Administra-tor.ARTICLE IT-ORGANIZATION AND ADM IN1-TRATION1. The members of the Executive Committee of the American Waxed Paper Association, together with such other person or personsas the Administrator may designate are hereby constituted the CodeA thority of the Industry. The members of the Code Authoritydesignated by the Administrator shall act in an advisory capacityand shall have no vote.2. The said Association shall file with the Administrator certifiedcopies of any amendments of its Bylaws relating to eligibility oradmission to membership in such Association, or relating to themethod of selection of the members of such Executive Committee,which such Association may hereafter adopt.3. The Administrator may at any time prescribe a different methodfor selecting the Industry members of the Code Authority, anOthereafter, such members shall be chosen in the manner so prescribed.4. The Code Authority is charged generally with the duty ofadministering this Code under the sanction and with the approvalof the Administrator. All acts of the Code Authority shall be sub-ject to review by the Administrator and to suspension, modification,or cancellation by him in any case in which he shall determine thatsuch act violates the purpose of the National Industrial Recovery Act(235)

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2365. The expen-es of adminitering this Cede shall be borne prorata, in accordance with a forimila to be adopted by the Code Au-thority, by all ineibers of such Indistry who accept the benefit ofthe services of the Code Aithorit or otherwise assent to this Code,6. Tie Code Authority shall have power to investigate allegedviolations of this C(ode and acts or cotires of conduct by any memberwhich are or appear to be contrary to the policy of the Act or whichtend or may tend to render ineffective this Code and to report thesaine with recoijniendations to thl Administrator.ARTIcLE IIT-IboURs OF LABOR1. Employees in the Industry shall not be required or permittedto work hours in excess of the limits prescribed in the followingschedule:SCJEIDULE OF WORKING HOURS(a) Watchmen: Eight (8) hours in any one day and fifty-six (56)ho1r's iIn an V 011 week.(b) Chiaiiffeurs,. trucknen, engineers, and firemen: One hundredsixtyeight (168) hours In any period of four (4) consecutive weeks,provided, however, that time worked in excess of nine (9) hoursin 0Ie dlay shall he paid for as not less than time and one third.(c) All other laborers, mieclianical workers, or artisans employedil aly plant, mill, or factory or on work connected with the operationof such plant, mill, or factory: An average of forty (40) hours perweek in any period of twenty-six (26) consecutive weeks, but notmore th in forty-eight (48) hours in any one week, provided, however, that time worked in excess of eight (8) hours in any one dayshall he paid for as not less than time and one third.(d) Executives and their personal secretaries and other employeesengaged in a supervisory capacity and chemists receiving $35 or moreper week an(d outside salesmen: No limitation.(e) All other employees: An average of forty (40) hours per weekin any period of thirteen (13) consecutive weeks, but not more thanforty-eight (48) hours in any one week.2. No limitation contained in said Schedule shall apply to em-ployees of any class when engaged in emergency repairs or emergency Maintenance work occasioned by break-downs or involving pro-te'tion of life or property; provided, however, that time workedunder this section in excess of eight (8) hours in any one day andforty (40) hours in any one week shall be paid for as not less thantime a id one third.3. No emiplovee slall be permitted to work for two or more mem-bers of the induiitstry an aggregate number of hours in excess of theimnilber preserilbed in said Schedule.4. No member shall operate his plant in excess of 144 hours perweek.ARTrI: I V-1WAGEs1. The minimmn rate of wage of any laborer, mechanical worker,or artisan enploye(d in any plant, mill, or factory or on work con-

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237nected with the operation of any such plant. mill, or factory shallbe as follows:(a) Northern Zone, which shall consist of all of the territory ofthe United States except the States named in subdivision (b)Male labor, 40 cents per hourFemale labor, 35 cents per hour(b) Southern Zone, which shall consist of the States of Virginia,Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Flor-ida, Alabama, Mississippi, Louisiana, Arkansas, and Texas:Male labor, 35 cents per hourFemale labor, 30 cents per hour2. Pieceworkers shall be paid at rates which will yield a workerfor an hour's work not less than the minimum rate above prescribed.3. The minimum rates of wages for all other employees exceptcommission salesmen shall be as follows: Sixteen dollars ($1G) perweek in any city of 25.000 population or over, and fifteen dollars($15) per week in any city or town of less than 25,000 population.4. Female employees performing substantially the same workunder the same conditions as male employees shall receive the samerate of pay as male employees. The Code Authority shall within90 days after the effective (late of this Code file with the Adminis-trator a description of all occupations in the Industry in whichboth men and women are employed.5. The wage rates of all employees receiving more than the mini-mum rates herein prescribed shall be reviewed and such adjust-ments, if any, made therein as are equitable in the light of all thecircumstances, and within sixty (60) days after the effective datehereof, the Code Authority shall report to the Administrator theaction taken by all members of the Industry under this Section.6. A person whose earning capacity is limited because of age orphysical or mental handicap may be employed on light work at awage of not less than 80% of the minimum prescribed by this Code,provided the State Authority designated by the United StatesDepartment of Labor shall have issued a certificate authorizing hisemployment on such basis. Each member shall file with the CodeAuthority a list of all such persons employed by him. The pro-vision of this Section requiring a certificate of authority shall notbecome effective until sixty days after the effective date of thisCode.7. Office boys and girls under 18 years of age may be employedat a wage of not less than 80% of the minimum prescribed bySection 3 hereof, provided that not more than 5% of the employeesof such class may be paid as office boys and girls.ARTICLE V-GENERAL LABOR PROVISIoNs1. No person under sixteen (16) years of age shall be employedin the Industry. No person under eighteen (18) years of age shallbe employed at operations or occupations which are hazardous innature or dangerous to health. The Code Authority shall submitto the Administrator within sixty (60) days after the effective dateof this Code a list of such operations or occupations. In any Statean employer shall be deemed to have complied with this provision

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23Sas to age if he shall have on file a certificate or permit duly signedby the authority in such State eml)owered to issue employment orage certificates or permits, showing that the employee is of therequired age.2. Employees shall have the right to organize and bargain collec-tively through represelntatives of their own choosing, and shall befree from the interference, restraint, or coercion of employers oflabor, or their agents, in the designation of such representatives orin self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. No erm-ployee and no one seeking employment shall be required as a con-dition of employment to join any company union or to refrainfrom joining, organizing, or assisting a labor organization of hisown choosing. Employers shall comply with the maximum hours oflabor, minimum rates of pay, and other conditions of employment,approved or prescribed by the President.3. No provision in this Code shall supersede any State or Federallaw which imposes on employers more stringent requirements as toage of employees, wages, hours of work, or as to safety, health, sani-tary or general working conditions or insurance or fire protection,than are imposed by this Code.4. No employer shall reclassify employees or duties of occupationsperformed or engage in any other subterfuge for the purpose ofdefeating the purposes or provisions of the Act or of this Code.5. All employers shall post copies of Articles III, IV, and V ofthis Code in conspicuous places accessible to employees.6. Every employer shall make reasonable provisions for the safetyand health of his employees at the place and during the hours oftheir employment. Standards for safety and health shall be sub-mitted by the Code Authority to the Administrator within six (6)months after the effective date of this Code.7. No provision in this Code shall supersede provisions as to hours,wages, and conditions of employment which are established forspecific projects by competent governmental authority acting inaccordance with law, )r to terms of employment which are estab-lisced by labor agreements now in force, where either the wages archigher or the hours of labor are shorter, or both than are those setforth in this Code.8. The Code Authority shall make a study of conditions in theindustry to determine the feasibility of the adoption of a shorterworking week and shall, within three (3) months after the effectivedate of this Code, make a report of its findings to the Adminis-trator. The Code Authority shall also sibimit to the Administratorwithin six (6) months after the effective date of this Code, a planfor the stabilization and regularization of emnploymient.An'ricm VI-ACC)U NTI NG-S ELLI NO1. The Code Aitliority shall, as S0011 is practicable, formulate astandard method of acmoum ting Uan(d costiig for lie iindlistry anridsubmit the same to tlie A(mfilnistrator. Any s m11lethod shall pro-vide means for determuiu ing the price at which paper shall be chargedto the converting division of a combined paper manufactuiring and

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239converting plant. When siich method -hall bha.e a p x i bythe i'dministrator. every nenhilier Aiall ai a ;io(mi11tI ) an I otinaosystem which conforns to the principles of, a1(l iat leni-t a-[etailedand complete as, such standard method.2. Each member shall, on or before "t (hi >afterthe effectivedate of this Code, file with the Code Authority coin plete schileuinsuch form as the Code Authority Shall prec-ribe (f ines ad t rnsand conditions of sale for domestic con-umpt io'i ( j1iluiin2 all difler-entials, discounts, trade allowances, aind special < -rw'-) of all 1r1 ,Ii-tids offered for sale by such mninber. and -h 11 ) IHall -l1I)--IM4eIltchanges therein or revisions thereof at least five dav prior, to theeffective time of any such changzev7 or revi-ioi>. Wileli antty Tuelill ershall file any such schedule or any revision thereof. any other im-ber may also file a revision of his own schedule to 1e)00o11w effect yeas of the same time as such first mentione'l -chedlale. Tie ( lAuthority shall, upon request. furnish any per-on c(olfi-erhled. whetheror not a member of the Inidutry. a copy of all i-l w hed ales aiof all changes and revisions thereof.3. No such schedule of prices and terms and -onditioii of salefiled by any member, or in effect. at any time -lhall 1wuh as topermit the sale of any product at ltthan the lower of the following:(a) The cost of such product to iu ( mi mer, which co-t shall !,edetermined pursuant to the niethied of aw (; Mii, and costin-f j)re-scribed by the Code Authority inder this Artil,a -oon athatmethod is prescribed anid theretofore pmr-ilant to thi) method em-ployed by such member subject to i such prelimi~nary rul'ath ColeAuthority shall from time, to time pre-rib'.(b) The lowest price scheduled for such product tlnde the pro-visions of this Article by any other nebner and then in etlh-t.Each schedule filed inder this Arti-le -hall state wlih-ther theprices, terms, and conditions therein >pecifiet are jll tilld undersubdivision (a) or under subdivision (b) of this Section. and in thecase of justification under subdivision (b) shall identify the scheduleor schedules of the other member or members of the indtlidry justi-fying such prices. terms, and conditions. A schedule jtistifid utponthe basis of the schedule or scheduleof another nemler or niembersshall become void forthwith upon the caimnellation or reviion upwardof such justifying schedule or schedules.4. The Code Atithority shall have power on its own initiative, oron the complaint of any member, to investigate any price for anyproduct shown in any Schedule filed hereunder, and for such par-pose to require the member who filed such Schedule to furnish suchinformation concerning the cost of manufacturing such product asthe Code Authority shall deem necessary or proper for suvh pu-poze.If the Code Authority, after such investigation shall determine thatsuch price violates the provisions hereof, the Code Authority shall sonotify such member, and thereupon such price shall become void andof no effect. All such decisions by the Code Authority shall be filedwith the Administrator.5. Except in fulfillment of bona fide contracts existing on theeffective date of this Code, no member shall sell any products of theIndustry for domestic consumption at a price or prices lower than orupon terms or conditions more favorable than stated in his price

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240schedules then on file, provided, however, that discontinued lines ordamaged goods or seconds or distress merchandise required to besold to liquidate a defunct business. may be disposed of in such man-ner and on such terms and conditions as the Code Authority mayapprove.6. The Code Authority may suspend for any period of time, and from time to time, all or any of the provisions of Sections 2, 3, 4, and5 hereof as to any specified product or products of the Industry.7. Selling of waxed paper on consignment is prohibited.ARTICLE VII-REPORTS AND STATISTICS1. Each memb-r shall prepare and file with an impartial agentdesignated by the Code Authority at such times and in such manneras it may prescribe such statistics, data, and information relatingto plant capacity, volume of production, volume of sales in unitsand dollars, orders received, unfilled orders, stocks on hand, inven-tory, both raw and finished, number of employees, wage rates, em-ployee earnings, hours of work, and other matters as the CodeAuthority or the Adlministrator may from time to time require. Any or all information so furnished by any member shall be subjectto checking for the purpose of verification by an examination ofthe books and accounts and records of such member by any disin-terested accountant or accountants or other qualified person or per-sons designated by the Code Authority.2. Except as otherwise provided in the Act, or in this Code,all statistics, data, and information filed or required in accordancewith the provisions of this Code shall be confidential and the statis-tics, data, and information of one member shall not be revealed toanother member. No such data or information shall be publishedexcept in combination with other similar data and in such a man-ner as to avoid the disclosure of confidential information. The CodeAuthority shall arrange in such manner as it may determine forthe publication currently to members totals of orders received,unfilled orders, shipments, stocks of finished goods on hand, and production.3. The Code Authority shall make such reports to the Adminis-trator as lie may from time to time require.4. In addition to information required to be submitted to theCode Authority there shall be furnished to Government Agenciessuch statistical information as the Administrator may deem neces-sary for the purposes recited in Section 3 (a) of the Act.AWrIcLE YIII-RECOMMENDATIONS1. The Code Authority may from time to time present to theAdministrator recommiendations based on conditions in the Industrywhich will tend to effect iate the operation of this Code and thepolicy of the Act, and ill particular along the following lines:(a) For the vst:1blisilnent of rules of fair trade practice for theIndustry and for the codification of its trade customs and theeCiorcem&ent theref.

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241(b) For restrictions on the creation of iiew facilities for themanufacture of any product of the ildItis trv or oil the acqlii -itionby any member of new equipment for iuwh ni ofac rc.Such recommendations, wheii approved Ibyv thw AWlwiI itrator, shallhave the same force and effect as the pro ViiOils of this Code.ARTICLE IX-GENEIRMA PUOVis s1. If any member is also a meiiiber of another industry, the pro-visions of this Code shall apply to And affect only that part of hisbusiness which is included in this ifidt-trV.2. Any work or process incidental to and carried on by a inil-ber at his plant as a part of the manufacture of any product of theindustry shall be regarded as a part of this in'uv iy.3. Such of the provisions of this Code as are not required to beincluded therein by the Act nmy. with te approval of the Presidentof the United States, be nodiieor O(iminated a, elaioes in cir-cumstances or experience may indicate.4. This Code and all tho provisions thereof are expr'e>-ly m niadesubject to the right of the President, in accordance with the pro-visions of Section 10 (b) of the Act, from time to time to cancelor modify any order, approval, licen. ((, rule, or regulation issuedunder Title I of said Act, and specifically, but without limitation,to the right of the President to cancel or modify his approval ofsuch code or any conditions imposed by him upon his approvalthereof.5. This Code shall become effective on the second Monday afterthe date upon which it shall be approved by the President of the United States.Approved Code. No. 166.Registry No. 411-01.0

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UNIVERSITY OF FLORIDA3 1262 08582 8803