Citation
Code of fair competition for the electrotyping and stereotyping industry

Material Information

Title:
Code of fair competition for the electrotyping and stereotyping industry as approved on December 23, 1933 by President Roosevelt
Portion of title:
Electrotyping and stereotyping industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
1 p., 415-427 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Electrotyping -- Law and legislation -- United States ( lcsh )
Stereotyping (Printing) ( 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:
Approved Code no. 179.
General Note:
Registry no. 503-02.

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:
004931175 ( ALEPH )
31959397 ( OCLC )

Downloads

This item has the following downloads:


Full Text

















































































I'I
For sale bF the Superintendent of Documents, Wanshington, D.C. - Price 5 cents


?C




i.;:-
;.
':: .1' '
:"i:. I
;;
;;;i;

L'':i
: ;I
;:;
:;:; "
~i.
i

P::"' ''

.



i


Approved Code No. 179


Registry No. 503---02


NATIONAL RE COVER ADMINISTRATION





C~ODE OF FAIR COMPETITION

FOR THE



ELECTROTYPING AND


STEREOTYPING INDUSTRY


AS APPROVED ON DECEMBER 23, 1933

BT

PRESIDENT ROOSEVELT


R
,euer


DO OUR PART


1 vF'~l- ve Order

2. Letter of Transmittal

3. Code







UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933



























This publication is for sale by.the Superintendent of Documents, Government
Printing Office, WVashingoton, D.C., and by district oflices of the Bureau of Foreign
and Domestie Commerce.
DISTRICT OFFICES OF THE DEPARTMlrENT OF COMMERCE

Athnnts, Ga.: 504 Post Office Building.
Birminghaml, Ala.: 257 Federal Building.
Boston, Masss.: 1801 Customhouse.
Buffalo, N.Y.: Chamiber of Commerce Building.
Charleston, S.C.: Chamber of Comimerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells street.
Cleveland, Ohlio: Chamber of Commerce.
Dalllas, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 2213 First National Bank Building.
Houston, '03.: Chiamber of Commerce Building.
Indianap~olis, Ind.: Chamber of Commerce Building.
Jacksonville, Phn.: Chamber of Commierce Building.
Kansas City., M~o.: 1028 Baltimnore Avenue.
Los Angeles, Calif.: 1163 south BroadwayS.
Louisville, Ky3.: 408 Federal Building.
Mermphis, Tenn.: 229 Federal Building.
Miinneapolis, MinnM.: 213 FedernI Building.
New Orleans, La.: Roolm 225-A, Customhouse.
New York, N.Y. : 'i34 Customb~ouse.
Norfolk, Van.: 4300 East Plumie Street.
Philadelphia, Pa.: 0133 Comnmercial Trust Building.
Pittsburgh. Pa.: Chamiber of Comimerce Building.
Portland, Oreg~.: 215 Nuewf Post Office BuillingS.
St. Louis, 310.: 500c~ Olive Street.
San Fra7ncisco, Calif.: 310 Customhiouse.
Seattle, Was~h.: 800 Fedleral Building.














Approved Code No. 179


CODE OF FAIR COMPETITION
FOR THE

ELEC TROTYPING AND STEREOTYPING
INDUSTRY

As Approved on December 23, 1933
BY

PRESIDENT ROOSEVELT




Executive Order

An application having been duly made, pursuant to andi in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code of
Fair Competition for the Electrotyp~ing and Sjtereotypinlg Industry,
and hearings having been held thereon and the Administrator having
rendered his report containing an analysis of the said Code of Fair
Competition, together with his recommendations and findings with
resec threoand the Administrator having found that tlhe said
Code of Fair Competition complies in all respects with thle pertinent
provisions of Title I[ of said Act, andi that the requirements of clauses
(1) and (2) of subsection (a) of Section 3 of the said Act have been
mlet:
NOW', THEREFORE, I, Franklin D. Roosevelt, Presidecnt of the
United States, pursuant to the authority restedl in mie by Title I of
the National Inldustrial Recovery Act, Japprovedl June 16j, 193.3, and
otherwise, do hereby adopt and approve the report, recommlendations
and findings of the Admlinistrator andl do order that th~e said Codle
of Fair Competition be and it. is hereby approved, su;!bject to the
following conditions:
1. That the maximum hours of workl sipecified inl Article III of
the Code and/'or any other provisions of the C`ode r~elatin~g to hours
of work, shall not be construed2 as a mninimumn worke day or wocrk
week ;
PROV(IDED, that if at any time in any locality, emp~loyees en-
gaged in any trade or craft., through thei r chosen r~ep-reselt at ivets,
express by written request to their employer or emp~loyer~s, a desirle
29060-6'-296--10i5-33 (415)







416

to share available work w~ith bona fide resident competent mechanics
in their particular trade or craft, the number of hours mnay be ad-
justed by mutual agreement;
PROVIDED further, that if local agreement proves impossible i
within fifteen (15) days after such request, the question many be
appealed by either party to a local Board set up by mutual nagree-
mient of the parties, or to the Labor Board established in Article VIII
of the Code.
2. That my approval of the Code as. a separate Code is limited to
a period of three (3) months from t~he effective date thereof, and the
Administrators is hereby authorized, after such public notice and
hearing as he mnay prescribe, to require the Electrotyping and Stereo-
typing Industry to operate nmder the Code of Fair Competition for
the Graphic A~rts Industries.
PR~OVIDED, however, that if the Admninistrator so orders, no
changes in any provisions of the Ciode of Fair Competition for the
Ele~trotypi;ng anl Steretping~l~n Industry other than appropriate
modifications of the definitions and of the Administrative provisions
of saidl Code, are authorized by this Order of Approval.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
AdcEminisz2~t ra o r.
THE ~TYHITE HOUSE,
Decemn2ber 593, 1933.Q














DECEMBER 22, 1933.
TIhe PRESIDENT,
The Wthilte House.
SmR: Hearings were held on a Code for Electrotyping and Stereo-
typing coincidentally with the hearings on the other Graphic Arts
Codes.
The Electrotyping and Stereotyping Industry wras reluctant to
come under the scope of such a basic' code. Its attitude was the
same as that of the Photo-Engraning Industry and the reasons
for it are discussed at some length in my reports on th~e Graphic
Arts and Photo-Engraving Codes andl in t~he memorandum by Dep!-
uty Administrator Lindsay Rogers which is part of the Graphic
Arts record. I recommend the approval of a separate code for
Electrotyrping and Stereotypingq and suggest that your Executive
Order make two conditions of approval of the code which will be
more specifically referred to later.

EXTENT OF THE INDUSTRY

Inl thle year 19L20, according to the Census of Manuifactures, there
w~ere 230 trade stereoty~pinga and elect~rotyping establishments em-
ploying during the year an average of 6,4187 wage earners at an
average annual salary of approximately $2,100. The total value
of production during this year was in excess of $35,00>0,000. In
common with other branches of thle Graphic Arts Industries these
wage earners are for the most part, highly skilled mechanics.
By 1931, employment in this branch of the industry had declined
to 4,857 representing a decrease of over 25%~ from the 1929 level.
It has not been possible to determiine the extent to whichi unemnploy-
ment has further gr~own at the present time, but there is no question
that in common with other branches of the Graphic Arts it, presents
a very seriousj problem.

HOURS ASND WAGIES

In commuoni ith~ the Photo-Engraving Code a 40-hour work week
is established as a mnaximumn for productive employees. As I emph>~a-
sized in mny repor~t to you on that trad~e the application of these p~ro-
visions cannot be expectedl to reduce unemployment to anyr app~e--
ciable extent. It is to be hoped that voluntary w-ork-sharing~, pr1o-
gr~ams will be instituted, and continued where now prevalent to tak~e
up the slack and to am~eliorate to some extent the conditions now
prevailing among this highly sk~lilled group of w~orkers.
A basic minimum wage rate of $1.00 per hour for electrotyping and1
stereotyping journeymen is specified in this Code with an inlcrease
of 10%~ for night workers. As in the case of the Photo-Engraving
Code this represents substantial agSreemient between the industry
(417i)







418


and the representatives of organized labor. The provisions for other
employees conform essentially to those adopted in codes previously
appr~oedl.
TRaDE PRACTICES

The provisions regulating trade practices appear to be intelli-
g-ehtly designed to 7prevent unsound competition in this industry, and
Involve no unsouina economic policies.

ANALYSIS OF CODE

The Code as recommiendedl may~ be summiarized as follows:
ASrticle I states the purposes of the Code.
Article II sets forth various definitions.
Article III prohibits thme employment of persons under 16 years
of agre in this industry, embodies the mandatory provisions of Sec-
tion 7 (a) of the Na'tional Indlustrial Recovery Act, and contains
other provisions relating to general labor conditions.
Article IV' provides a standard wor~k wreek of 40 hours wFith certain
exceptions.
At~ic~le V' sets mlinimumn wnge scales.
Article VI establishes a standards basis of estimating and pricing
and of determiining costs of production.
Article VII constitutes a Code Au~thority and gives it. certain
powers.
Article V'III establishes a joiit. Labor Board to consider and pass
up~on any alleged violations, dlispultes or nono~bservance of the Labor
Provisions of this Code.
Article IX regulates trade practices.
Article X provides for the modification of this Code in accordance
with the provisions of subsection (b) of Section 10 of the National
Indlustrial Rec~overy Act.
Article XI specifies that no provision of thiis Code shall be so
applied as to permit monopolies or monopolistic practices; and
Article XII fixes the effective date of the Code.

CONDITIONS OF APPROY'AL

I recommllend that your Executive Order suggest to the Industry
the desirability of reducingi the work w~eekr below forty hours when
this c~an be done by argreement between representatives of the em-
ployers aInd representatives of the employees and that you empower
the Labor Board, which the Code sets up, to act as an agency mn
using its good offices to effect proper adjustmepnts belowl thle miaimum
of fort.yr hours per weekr.
The desire of thle Gr1aphic Arts Industries to have the basic code
cover Electrotyping and Stereot~yping: has already been referred to.
The present code dloes niot cover privantely owned electrotyping and
stereotypingi estab~lishmuents (that is, operanted in connection with
commercial p~rintingr establishments andl not mnakingi electrotyping
andl ster~eoty3Ping~: for sale). Suchl pr~ivately owned establishments
are covelrd unider thle G;rahic Arits Code. Conflicts of jurisdiction
are bouind to arise.







419


Under these circumstances, I recommend that your Exsecutive
Order approving this Code make, as a condition of approvall? the
stipulation that the separateness of th~e Codle for the industry be
reconsidered at the expiration of a three-mlonthsj period. When this
period elapses the Code will be continued aIs a sepanrate code or its
provisions will be incorporated uinchanigedl in the Gr~aphic Ar~ts basic
code. The industry agrees to this condition of approval.
I ami making the same recommendation inl respect of the separate
code for Photo-Engraving and inl respect of the Graphic Arts Code,
since it mnay turn oult that certain indutlri~es andl groups are im-
properly under this C'ode.
FINDINU;s

The Administrator finds that:
(a) The C~ode complies in all respects with the pertinent p~rovi-
sions of Title! I of the National Industrial Recovery Act, including
without limitation subsection (a) of Section 7 and subsection (b)
of Section 10 thereof; and
(b) The Internationa~l Association of Electroty~pers imposes no
inequitable restrictions upon the membership p therein and is truly
representative of the Electrotyping andt Stereotyping Industry; and
(c) The Code is not designed to promote monopolies or to elimni-
nate or oppress small enterprises and will not operate to discrimi-
nate against tiemn, and will tend to effectuate the policies of Title I
of t~he National Industrial Recovery Act.
I recommend that the Code be approved.
Respectfully,
Honc S. JoHNSON,
A4dm~~ini strIator/.














CODE OF FAIR COMPETITION
FOR THE
ELECTROTYPING AND STEREOTYPING INDUSTRY

ARTICLE I-PUSRPOSES

To effect the policies of Title I of the Nat~ional Industrial Re-
covery Act, this Code is established as a C~ode of Fair Competition
for the Electrotyping and Stereotyping Ilndustry, and its provisions
shall be the standards of fair competition for such industry and
shall be binding upon every member thereof.
ARTICLE II-DEFINITIONS

The term electrotyping and stereotyping industry as used
herein, includes all plants engaged in the ~production or partial pro-
duction of elect~roltpes, stereotypIes, mlatrices, wax engravings (run-
ning shells, casting and finishing), atluminotypes, and rubber plates,
usedi in relief printing and I'or made for sale or for the use and benefit
of the producers or of others than the person, firm, or corporation
that produces suchl products, and all persons, firms, or corporations
that purchase the above-namued products for the purpose of resale;
excepting newspaper and periodical publishers who own and print
their own publiention or publications and who manufacture the
product or products of the electrotyping and stereotyping industry
~for their own publications only.
The term '' member of the industry includes, but without limi-
tat~ion, any individual, partnership, association, corporation, or other
form of enterprise engaged inl the industry, either as an employer
or on his or its own behalf.
The term "; employee or i employees "! as used herein, is defined
to include all persons hired or emnployed by' any employer, as above
defined. and thie miembers of the family ofany employer who are
engaged2 in calrrying on any operations within the E'lectrotyping
and Stereoty'ping Indtustry, whether employed or not; excepting
those persons who serve In executive, administrative, supervisory,
andi salesi capacities.
Thie teirmis "Act' and i'Administrator as used hlerein mean re-
spectively Title I of thie N~ational Industrial Recovery Act, and the
Administratorl for Ind'ustrial Recovery.
Thec termn Startlulrd Scale shall mnean the Standard Seale of
electrotyp~es as p~ublishiedl ~ndl approved by the International Asso-
Ciationl of E~I~'lectrotypers Septemllber 24, 1931, or any subsequent
reiSSues. C of same~l.
Population for thei p~urposes of this C'ode shanll be determined by
reference to thle latest Federal Census.







42.1


AnRICLE] III--GENERAL LABOR CONDITIONS

1. No person under sixteen years of age shall be employed in thie
industry. No nprson uinder eghteen years of age shiall be employed
at operations or occupations which are hazardous in nature or dan-
gerous to health.
2. No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent. requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary, or general working conditions, or insurance or fire protec-
tion than are imposed by this Code.
3. In compliance with Section 7 (az) of the: Act it is prov-ided--
(a) That employees shall have t~he right to organiize and bargain
collectively through representatives of their ow~n choosing, and shall
be- fr~ee fromt the interference, r~estrainirt, or coercion of employers of
labor, or their agents, in th~e desigrnation of suIch representatives or
in self-orgianization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to reframn from joining, organizing, or assisting a labor orgamnza-
tion of his own choosing; and
(c) That emnployersi shall complly w~ith t~he maxYimum hours~ of
labor, mninimiium rates of pay\, andl other condlitionsj of emplloymllent
~pproved or prescribed by th~e President.
4. Nothing in this Code shall be construed or appliedl to super-
sede or interfere with existinga agreements arrived at by bonn fideo
collective bu rga in ing.
5. Every emplloyer shall mlake rensonlable pr~ovision forl the safety
and health of his employees at the place and dluring the hours o
their employment.
6. Standards for safety and health shall lIe submitted by thle Code
Authority to the Admninistrator for approval within three months
after the effective date of this Code.
7._ A placrdrr containingc all t.hec provisionis of this Codelc relating
to hours, wages, and emnploym"en t shall be postedl in a2 prominent
place in the: workrlooms of each establishment oplerating under this
Code.
8. The Code Aut.hor~itS y of thle Industry will Ieregulate or sandrdize-;~
conditions of employmlent other thanl hours and wages.
ARIrrica IV-HOURSi OF L.\non

1. No mechaniical employee including proprietors, supervisors,
foremuen and -or others for the timie actually engaged in mlechannicall
work, shall be permitted to wTor~k in excess of forty (40) hours in any
one week(, or eight (8) hours in any twenty-four (241) hour period,
except as hereinafter pr1ovided. The total number of hours worked
in any twenty-four (24) hour period shall be continuous except for
lunch period of not less than thirty minutes andl not more than one
hour. It is not intended that, any of the foregoing provisions shall
limit the number of days per weekr a plant. may operate, nor the
number of shifts per dlay.




I::"




.....E:j


422


2. When necessary, overtime shall be permitted, but no person shall
work: more than a total of 520 hours in any consecutive 13 weeks;
provided that when, due to the special character of the work, or
when suitable help is unavailable, overtime shall be permitted in
excess of the maximum .hours herein provided. Overtime shall con_
sist of all work performed in excess of th~e current daily schedule
of working hours and maximuml weekly hours, and shall be paid for
at not less than time and one half of the employee's regular rate p or
wrork on Sundays and customarilys observed holid-ays, at not less than
double time.
3. No employer shall knowingly permit an~re~y employee t workfo
any time which, when totaled with that alraypromd.wt
another employer or employers mn this Industry exceeds the maxi-
mium permitted herein.
4. The provisions of this article shall not apply to outside salas-
men and persons employed in a managerial or executive capacity,
wh~o receive more than thirt~y-five dollars ($35.00) per week, exclept-
ing those engaged in the production of electrotyping and steipeo-
typing, nor to emergency maintenance andi repair men, janitors,
drivers, and delivery men, provided that suchl employees shall not
be permitted to work in excess of 48 hours per week.
ARTICLE VT- Y'AGES

1. The mninimumn wages to be p~aid shall be as follows:
Electrotype and Stereotype Jour~neymen, $1.00 per hour.
Branchmen (if before June 16, 19333), $0.90 per hour.
Laborers, $0.40 per hour.
The minimum rate for night. shiifts shall be not less than 10%o
above day rate.
2. Each establishment, with the exception of those--
(1) Which ar~e operating under wage agreements arrived at
by collective bargaining; and
(2) Those which are pyng~~t not less thlan the wage rates which
they were paying on July 15, 1929---
shall mnake increases in its average hourly isCccompnaine efor al
classes of skilled labor within 30 dlays after ti oebcmsefc
tive, on the following basis: I
Including increases made under Sect~ion 1 of this Article, each plant
shall increase the hiourly rates to a point where (including increases
made since July 1, 1933)j they) are 10 percent higher than the hourly3
rates in effect on July 1, 1933, with this limiitation, that they need
not increase rates abov-e those paid on July 15i, 1929, in the same plant
or in similar plants in the some locality corning within the above
clauses (1) and (2).
3. Within 30 danvs after thiis Code becomes effective any rate'in-
cr~eases ulnder Sections 1 and 2 must be fu~thler augniented, if neces-
sary to br~ingr theF aragnje hourrly compensation paid above the com-
pensatio~n paid in eacrh elstablishiment upD to 90 percent of the hourly
rate prevauiling onl July 1, 1933, in thec same locality, for those base
classes o~f skilledl labor I~namd in thle schedule set forth in Section 1
'hereof.







423


Prevailing rates shall be the average of the hourly rates paid to
the employees constituting that 50 percent of each class of skilled
employees coming under this Code in that locality~ which wtas receiv-
ing the higher hourly wage: rates on July 1, 1933. For example, if in
a locality, a total of thirty journeymen were employed, ten of whom
were receiving $1.20 per hour and twrent of whoml w~ere receiving
$1.05 per hour, the pr~evalingr rate would Tae the w~eighted average of
$1. O for ten journeymen and~ of $1.05i for fivep jouneyme~Pnll (mlak;ng
to ether 50 percent of thle total number) or $1.15, and 90 percent
thereof could be $1.035.
4. It is specifically understood that the foregroingr provisionsu are
intended to establish only mninimnum and not m~aximum wange r~equire-
mients.
5. The, ratio of~appr~enticess shall be not more than onie apprentice
to three journeymeni regullarly emlployed, pr~ovidedl that this prov~i-
sion shall not apply to apprentices employed on or before December
1, 1933. The minimum wages for apprentices shall be based upon
length of experience as follows; First year', 300$ per hour; second
year, 35d per hour; third y~ear, 45C per hlour; fourth y~ear, 860
per hlour; fifth year, 75e per hour. All applrentices; employed by
employers in this Industry shall be registered w~ith the Code
Authority.
6. Employees not otherwise covered by this Article~ shall be paid
at not less than the following rates: $15.00I per wTeeki in any city of
over 500,000 population or in the immediate trade ar~ea of such city;
$14.50 p~er week in any city of betwTeen e350,000 and 300,000?C popula-
.tion or in the immediate trande area of such city; $14.00 per wFeek in
any city between 2,500 and 5250,000 population or in the immediate
trade area of such city; $12.00 p~er week in towns of less than 9,500
population. No errand or messengrer boy shall be paid less than 8070o
of the minimum wages specified in this section for thle applicable
area.
ARTICLE V~I-COSTS

1. The basis of estimatinge and pricing in the Electrotyping and
Stereotyping Industry shall be the S~tandarld Scale, which scale
wa'sadopted on Septemnber 24, 19i31, or suchl revisions thereof as mnay
frorril time t~o time be approved by~ the Clode Authority aind thle
Adcmin ist rator.
2. The principle of pricing shall be one pr~icee fromt any memnberr
to all of his customers for like services andt like conditions of pro-
duction and costs.
3. Every electr~otype and stereotype establishment shall mlaintain
the Standard Cost Finding Systemi and Standar~~d A~ccunlting Sy's-
tem approved by the Inter~nationall Associationi of Electr~otyplers and
by t~he Administrator; or systems comnparable thierewith wrhen ap-
proved by the Cod~e Authority or by the Administrator.
4. Selling below the cost of production sha~ll be a violationi of this
Code, provided, however, that any producer mayg sell at below his
cost to Imeet the competition by any other producer whio doles nrot
violate the Code.
5. Cost of production as her~ein usedl should incrlud:e all direct
labr1~ andZ material at cost or mnarket, whichev\er is lowerl, p-lus~ a1 pro-





424

portionate share of all indirect expenses, inclusive of depreciation
and/'or depletion computed according to the maximnum rates of the
Income Tax Procedure; but exclusive of any reserves for purposes
other than depreciation, exclusive also of interest paid and develop-
mental expenses, provided that the distribution of such indirect ex-
penses per unit of product should be on the basis of an average rate
of utilization of plant. facilities by efficient producers during the
period 1927-32. .~
ARTICLE VII ADMrINISTRATION

1. There shall be constituted a Code Authority consisting of five
(5) persons w~ho shall be truly representative of the employers, and
w~ho shall be selected by the Executive Ciommittee of the Interna-
tional Association of Electrotypers.
2. In addition to membership as above provided, there may be
three (3) members, without vote, t~o be appointed by the Adminis-
trator to serve without expense to the Industry.
3. Each trade association or group directly or indirectly partici-
pating in the selection or activities of the Code Authority shall(1
impose no inequitable restrictions on membership, and (2) submit
to the Administrator true copies o~f its articles of Association, by-
Jaws, regulations, anid any amendments when made thereto, together
wvith such other information as to membership, organization, and
activities as the Administrator may deem necessary to effectuate the
purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Inldustr~y and in other respects comply with~
the provisions of the Act! the Administrator may prescribe such
hearings as he may deem proper; and thereafter if he shall find
that the Code Authority is not trulyY representative or does not in
other respects comply with the provisions of the Act, may require
an appropriate modlification in the method of selection of the Code
Authorit y.
5. MCembers of the Industry shall be entitled to participate in 'and
share the benefits of the activities of the Code Authority and to
participate inl the selection of the members thereof by assenting to
and~ complying w~ith the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mninedl by the Code Authority, subject to review by the Administra-
tor, on thie basis of the number of mechanical employees employed
and/'or such other factors as the Code Authority may deem
equ Litable.
6. Noth~ingi containedl in this Clode shall constitute the members
of the Code Authority partners for any' purpose. Nor shall any
member of the Code Authorityv be liable in any manner to anyone
for any art of any other member, offcer, agent, or employee of the
Codec Authority. Nor shalll any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Codle, except for his own w-illful misfeasance or nonfeasance.








425


7. The Clode Authority shall have thle following further powers
and duties, the exercise of which shall be reported to thle Admninis-
trator and shall be subject to his right, on review, to disapprove any
action taken by the Codle Authority.
(a) To insure the execution of~ the provisions of this Code and
provide for the compliance of the Indulstry w~ith thle provisio~ns of
the Act.
(b) To adopt by~laws and rules and regrulationls for its pr~ocedulire
and for the administration and enforcement of the Code.
(c) To obtainl fromi members of the Industry such information and
reports as are r~equir~ed for the administration of the Code andi to
provide for submission by members of such informantioni andl reports
as the Administrantor mnay deemi necessary for the purposes recited
in Section 3 (a) of the Act, which information and repor-ts shall be
submitted by members to such administrative and or governmnent
agencies as thle Aldministr'ator may designate; p rovided thant nothingc
in this Code shall relieve any member of the Industry of anyv exist-
ing obligations to furnish reports to any government agency. No
indiidual reports shall be disclosed to any other member of the
Industry or any other party' except to such gov'ernmental agencies
as mnay be dir~ectedl by the Administrator.
(d) To uise such tra~de associations and other representatives and
agencies as it deemsu proper for thle carryinga out of any of its activi-
ties pirovidedr for herein; provided that nothi;ng her~ein shall relieve
the Code Authority of its duties or responsibilities under this Code
and that such trade associations, representatives, and othier agencies
shall at all times be subject to and complly with the p~rovisions
hereo f.
(e) To make recommnendaitions to the Admninistrator for the co-
ordination of the Administration of this Code wTithl such other
codes, if any, as may~ be related to the TIndustry.
(f) To secure fi-om mlembers of the Indtis.rtry an equ~itable and
proportionate payment of t~he reasonable expenses of ma1:intaining
the Code Authority a\nd its activities.
(g) To recommends to the Administrator further fair trade prac-
tige provisions to govern members of the Indlustry in their relations
wlcth each other or with othril nindustries; to r~ecommrendc to theAd
millistrator mneasur~es for industrial planning, includling stabiiz7atio
of employment. Suchl recommnendations when approvedl by thle A-I-
mninistrator shall have full force and effect as provisions of thiis
Code.
(h) In the absrence of cost data and pending the comlpilation of
such data in all electrotgype and stereotype establishmentss, to pre-
scribe regulations for dletermnining the cost of production in each
establish ment, based uplon that establishmnent.!c own~ act ual ex penses,
for the purpose of enforcing Section 4 of Article VTI.
(i) Any regional agency or agencies established in a locality as
provided by the bylaws.i of the Codle Authority shall have the right
to prescib~ie credlit termlls for all establishmnents in such locality-, sub-
ject to review by the C'ode Authority and the Admiistntistrto
(j) Such regional agency or agencies shall also have poweri to
establish standard forms of invoicingr andt billingv, subject to the
approval or review of the Code Authorityv and the Admlinistrntor.









AnIcLn VZIII-LAnon BOARD
A Labor Board to consist of three members shall be established,
two members truly representative of t~he Industry to be selected by
the International Association of Electrotypers, and one member to
be selected by the International Stereotypers and Electrotypers
Union of North America. This Board shall consider and pass upon
alleged violations, disputes, or nonobservance of the labor provisions-
of this Code. All decisions of the Labor Board shall, if unanimous
be final. In the event that no agreement is reached the matter shal
be referred to the appropriate governmental agency.
ARTICLE IX-T 'RADE PRACTICE RULES
1. Violation of credit terms agreed upon in a given locality shall
be a violation of this Code, provided that it shall not be a violation of
this Section to offer credit terms in any locality other than that in
which any establishment is situated as favorable as those provided fo'r
establishments in such other locality according to the provisions of f
Section (i) of Article VII.
2. Failure t~o apply rules respecting legitimate charges for extras
and muisr~epresentation of classified work as set forth in the Standard
Scale shall be a violation of this C~ode.
;3. Estimastes made upon work done by another electrotyping or
stereotyping concern for t~he purpose of a check estimate shall only
be furnished when the estimator has access to all copies and specifica-
tions involved in the original order.
4. Electrotypers or Ster~eotypers who secure an order on a com-
petitive-bid basis may be required by the Code Authority, upon
request of any unsuccessful bidder, to file their specifications and
prices with the Code Authorit~y so that it may determine whether any
infraction of this Code has been committed.
5. The sale or invoicing of the manufactured product without
the use of the Standard Scale, together with suitable discounts ot*
additions, shall be a violation of this Code.
6. The payment or allowance of rebates, commissions, credits or
unearned discounts, whether in the formi of money or otherwise,lor
extending to certain purchasers special services or privileges not
extended to all purchasers under like terms or conditions, shiall
constitute a violation of this Ciode.
7. No member of the Industry shall give, permit to be given, or
directly offer to give, anything of value for the purpose of influenc-
ing or r~ewarding the action of any employee, agent, or represent~a-
tive of another in relation to the'business of the employer of such
employee, thle principal of such agent or the represented party, with-
out the knowledge of such employer, principal or party. Commer-
cial bribery provisions shall not be construed to prohibit free and
general dis'tri ution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as ;;
hereinabove defined.
8. Offers, secret or otherwise, to furnish electrotypes or stereo
types or other products of the electrotyping or stereotyping Industry
free of charge or below cost t.o influence the sale of other products or
services, shall constitute a violation of this Code.







427


9. Offers, secret or otherwise, to furnish other products or services
free of charge or below cost to influence the sale of electrotypes or
stereotypes or other products of the electrotylping or stereotypinga
industries, shall constitute a violation of this Code.
10. Inducing breach of contracts or agreements, espionage, imnita-
tion of trade names, or enticement of employees for the purpose of
injuring a competitor, shall constitute a violation of this Code.
L.; No member of the Industry shall publish advertisinga (whether
printed, r~adio, display, or of any other nature), which is misleadlingr
or inaccurate in any material particular, nor sha~ll any member, mn
any way misrepresent any goods includingr but without limitation
its use, trademark, grade, quality, quantity, origin, size, sulbstance,
character, nature, finish, material content or preparation) or credit
terms, values, policies, services, or the nature or form of the business
conducted.
12. N\o member of the Industry shall ktnowingly1! withhold fromc or
insert in any quotation or invoice any~ statement that makes it. inne-
curate mn any material particular.
13. No member of the Industry~ shanll attempt to induce the breachh
of an existinga contract. between a completitor andl his employee or
customer or source of supply; nor shall any~ such member interfere
with or obst~ruct the performance of such contractual duties or iserv-
ices, provided that nothing inl this section shall be construedl as
preventingr any employer fr~om otherwise offering or giving employ-
ment t~o anly person in the emlploy of another; ancd provided that
nothing in this section shall prevent any emnployee froml offering his
services to a completitor, nor preventing any) employer from employ-
ing the employee of another member of the Industry where the
initiative in such change is taken by the employee.
14. Willful or malicious dlefamhtion of competitors or the dlis-
paragemlenct of comnpetito~rs' products, policies, equipment, or per-
sonnel shall constitute a violation of this Code.
ARTICLE X--MODIFIC LTION
1. This Clode and all the provisions thereof are expressly made
subject to the right of the Pre~sident, in accordance with the provi-
sions of subsection (b) of Section 10 of the Act, from time to time
to cancel or mnodify~ any order, approval, license, rulle! or regulation
issued under said Act.
2. This Code, except as to prov'isioNi; requlired b~y the Act, miay be
modified on the basiis of experience or changes in circumstances, such
modifications to be based upon application to the Admninistrator and
such notice andi hearing as he shall specify, andl to become effective
on approval of the President.
ARTICLE 11-110NlOPO)LIES
No prov-ision of this Crode shall be so appliedl as to permit mnonop-
olies or monopolistic practices, or to eliminate, oppress, or discrlimi-
nate against small enlterprises.
ARTICLE XII--EFFECTIVE D~vrE
This Ciode shall become effective on the second M~onday after its
approval by the Presidlent.
Approved Code N'o. 179.
Registry No. 503-02. O










UNIVERSITY OF FLORIOA









3 1262 08582 9066



r
;;;i~l*:;I

~!:?C~;u



i-i:liii

~il~
:'.;i;!
i~.i;~
'''::':i;Jr

:.ir

"I.;.


*; ; .2"~


*.;1.
rt-;.

"~1~T



:."-;

i t:is~~8;'

; r








r
; *I





--
.:

~1




..
*~ ~



6:"
i



r: :'~'
;ih;r Ir


-:'`:C'~;'





s



:2


1--;:d

;;;;-


r-

*i;.~:;
i.

















"'








II .. II~
I'i:
';

















"









r


-ri







;;;r




r;
~~; ;~












.i,..


i;' ;
"T













;;;i;;




Full Text

PAGE 1

Approved Code No. 179 Registry No. 503-02NATIONAL RECOVERY ADMINISTRATIONCODE OF FAIR COMPETITIONFOR THEELECTROTYPING ANDSTEREOTYPING INDUSTRYAS APPROVED ON DECEMBER 23, 1933BYPRESIDENT ROOSEVELTRMEMBERWE DO OUR PART1 Exeetuve Order2. Letter of Transmittal3. CodeUNITED STATESGOVERNMENT PRINTING OFFICEWASHINGTON: 1933For sale by the Superintendent of Documents, Washington, D.C. -------Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, GovernmentPrinting Office, Washington, D.C., and by district offices of the Bureau of Foreignand Domestic Commerce.DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCEAtlanta, Ga.: 504 Post Office Building.Birmingham, Ala.: 257 Federal Building.Boston, Mass.: 1801 Customhouse.Buffalo, N.Y.: Chamber of Commerce Building.Charleston, S.C.: Chamber of Commerce Building.Chicago, Ill.: Suite 1706, 201 North Wells Street.Cleveland, Ohio: Chamber of Commerce.Dallas, Tex.: Chamber of Commerce Building.Detroit, Mich.: 2213 First National Bank Building.Houston, T'?x.: Chamber of Commerce Building.Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building.Kansas City, Mo.: 1028 Baltimore Avenue.Los Angeles, Calif.: 1163 South Broadway.Louisville, Ky.: 408 Federal Building.Memphis, Tenn.: 229 Federal Building.Minneapolis, Minn.: 213 Federal Building.New Orleans, La.: Room 225-A, Customhouse.New York, N.Y.: 734 Customhouse.Norfolk, Va.: 406 East Plume Street.Philadelphia, Pa.: 933 Commercial Trust Building.Pittsburgb. Pa.: Chamber of Commerce Building.Portland, ()*.: 215 New Post Office Building.St. Louis, Mo.: 506 Olive Street.San Frncisco, Calif.: 310 Customhouse.Seattle, Wash.: 80 'edeal Building,

PAGE 3

Approved Code No. 179CODE OF FAIR COMPETITIONFOR THEELECTROTYPING AND .STEREOTYPINGINDUSTRYAs Approved on December 23, 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 Code ofFair Competition for the Electrotyping and Stereotyping Industry,and hearings having been held thereon and the Administrator havingrendered his report containing an analysis of the said Code of FairCompetition, together with his recommendations and findings withrespect thereto, and the Administrator having found that the saidCode of Fair Competition complies in all respects with the pertinentprovisions 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 beenmet:NOW, THEREFORE, I, Franklin 1). 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 hereby adopt and approve the report, recommendationsand findings of the Administrator and do order that the said Codeof Fair Competition be and it is hereby approved, subject to thefollowing conditions:1. That the maximum hours of work specified in Article IIl ofthe Code and/or any other provisions of the Code relating to hoursof work, shall not be construed as a miininun work day or workweek;PROVIDED, that if at any time in any locality, employees en-gaged in any trade or craft, through their chosen representatives,express by written request to their employer or employers, a desire290460-296-105---33 (415)

PAGE 4

416to share available work with bona fide resident competent mechanicsin their particular trade or craft, the number of hours may be ad-justed by mutual agreement;PROVIDED further, that if local agreement proves impossiblewithin fifteen (15) days after such request, the question may beappealed by either party to a local Board set up by mutual agree-ment of the parties, or to the Labor Board established in Article VIIIof the Code.2. That my approval of the Code as a separate Code is limited toa period of three (3) months from the effective date thereof, and theAdministrator is hereby authorized, after such public notice andhearing as he may prescribe, to require the Electrotyping and Stereo-typing Industry to operate -mder the Code of Fair Competition forthe Graphic Arts Industries.PROVIDED, however, that if the Administrator so orders, nochanges in any provisions of the Code of Fair Competition for theElectrotyping and Stereotyping Industry other than appropriatemodifications of the definitions and of the Administrative provisionsof said Code, are authorized by this Order of Approval.FRANKLIN D. ROOSEVELT.Approval recommended:HUGH S. JOHNSON,Administrator.THE WHITE HOUSE,December 23, 1933.

PAGE 5

The PRESIDENT, DECEMBER 22, 1933.The Wh ite House.SIR: Hearings were held on a Code for Electrotyping and Stereo-typing coincidentally with the hearings on the other Graphic ArtsCodes.The Electrotyping and Stereotyping Industry was reluctant toconic under the scope of such a basic' code. Its attitude was thesame as that of the Photo-Engraving Industry and the reasonsfor it are discussed at some length in my reports on the GraphicArts and Photo-Engraving Codes and in the memorandum by Dep-uty Administrator Lindsay Rogers which is part of the GraphicArts record. I recommend the approval of a separate code forElectrotyping and Stereotyping and suggest that your ExecutiveOrder make two conditions of approval of the code which will bemore specifically referred to later.EXTENT OF THE INDUSTRYIn the year 1929, according to the Census of Manufactures, therewere 230 trade stereotyping and electrotyping establishments emli-ploying during the year an average of 6,487 wage earners at anaverage annual salary of approximately $2,100. The total valueof production during this year was in excess of $35,000,000. Incommon with other branches of the Graphic Arts Industries thesewage earners are for the most part highly skilled mechanics.By 1931, employment in this branch of the industry had declinedto 4,857 representing a decrease of over 25% from the 1929 level.It has not been possible to determine the extent to which unemployment has further grown at the present time, but there is no questionthat in common with other branches of the Graphic Arts it presentsa very serious problem.HOURS AND WAGESIn common with the Photo-Engraving Code a 40-hour work weekis established as a maximum for productive employees. As I empha-sized in my report to you on that trade the application of these pro-visions cannot be expected to reduce unemployment to any appre-ciable extent. It is to be hoped that voluntary work-sharing pro-grams will be instituted, and continued where now prevalent to takeup the slack and to ameliorate to some extent the. conditions nowprevailing among this highly skilled group of workers.A basic minimum wage rate of $1.00 per hour for electrotyping andstereotyping journeymen is specified in this Code with an increaseof 10% for night workers. As in the case of the Photo-EngravingCode this represents substantial agreement between the industry(417)

PAGE 6

418and the representatives of organized labor. The provisions for otheremployees conform essentially to those adopted in codes previouslyapproved.TRADE PRACTICESThe provisions regulating trade practices appear to be intelli-gebtly designed to prevent lmsound competition in this industry, andinvolve no unsound economic policies.ANALYSIS OF CODEThe Code as recoinniended may be summarized as follows:Article I states the purposes of the Code.Article II sets forth various definitions.Article III prohibits the employment of persons under 16 yearsof age in this industry, embodies the mandatory provisions of Sec-tion 7 (a) of the National Industrial Recovery Act, and contains other provisions relating to general labor conditions.Article IV provides a standard work week of 40 hours with certainexceptions.Article V sets minimum wage scales.Article VI establishes a standard basis of estimating and pricingand of determining costs of production. Article VII constitutes a Code Authority and gives it certainpowers.Article VIII establishes a joint Labor Board to consider and passupon any alleged violations, disputes or nonobservance of the Labor Provisions of this Code.Article IX regulates trade practices.Article X provides for the modification of this Code in accordancewith the provisions of subsection (b) of Section 10 of the NationalIndustrial Recovery Act.Article XI specifies that no provision of this Code shall be soapplied as to permit monopolies or monopolistic practices; andArticle XII fixes the effective date of the Code.CONDITIONS OF APPROVALI recommjend that your Executive Order suggest to the Industrythe desirability of reducing the work week below forty hours whenthis can be done by 8greeneit between representatives of the em-plWyers :111d representatives of the employees and that you empowerth1 Labor Board, which the Code sets up, to act as an agency inwling its good offices to effect proper adj ust ments below the maximumof fort y h mirs per week.The dWsire of the ra phie Arts Indlistries to lha-Ve the basic codeCover Electrotyp ing and Stereot piing has already been referred to.hle ])I.(. c e does I ot covr ( 1pri Vat ely owned elect rotyp) ing andstereotypi' e.tb:11 di n ts (that is, )(era ted ill c n section withCOM IrCial prilitinig est:1blishwk ')1 ]lot mlakinig electrotypingal ('r(otypig hr 8 le). Sici pri\vatoIy owiwd establislimentsare Covcred nnde'r the ( graphic Arts Code. Conflicts of jiirisdiction8 are bomid to rise.

PAGE 7

419Under these circumstances, I recommend that youir ExecittiveOrder approving this Code make, as a condition of approval, thestipulation that the separateness of the Code for the industry bereconsidered at the expiration of a three-months p period. When thisperiod elapses the Code will be continued as a separate code or itsprovisions will be incorporated unchanged in the Graphic Arts basiccode. The industry agrees to this condition of approval.I am making the same recommendation in respect of the separatecode for Photo-Engraving and in respect of the Graphic Arts Code,since it may turn out that certain industries and groups are im-properly under this Code.FIN DI NC SThe Administrator finds that:(a) The Code complies in all respects with the pertinent provi-sions of Title I of the National Industrial Recovery Act, includingwithout limitation subsection (a) of Section 7 and subsection (b)of Section 10 thereof; and(b) The International Association of Electrotypers imposes noinequitable restrictions upon the membership therein and is trulyrepresentative of the Electrotyping and Stereotyping Industry; and(c) The Code is not designed to promote monopolies or to eliini-nate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate the policies of Title Iof the National Industrial Recovery Act.I reconunend that the Code be approved. Respectfully,HUGH S. JOHNSON,Adm inistrator.

PAGE 8

CODE OF FAIR COMPETITIONFOR THEELECTROTYPING AND STEREOTYPING INDUSTRYARTICLE I-PURPOSESTo effect the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair Competitionfor the Electrotyping and Stereotyping Industry, and its provisionsshall be the standards of fair competition for such industry andshall be binding upon every member thereof.ARTICLE II-DEFINITIONSThe term "electrotyping and stereotyping industry " as usedherein, includes all plants engaged in the production or partial pro-duction of electrotypes, stereotypes, matrices, wax engravings (run-ning shells, casting and finishing), aluminotypes, and rubber plates,used in relief printing and/or made for sale or for the use and benefitof the producers or of others than the person, firm, or corporationthat produces such products, and all persons, firms, or corporationsthat purchase the above-named products for the purpose of resale;excepting newspaper and periodical publishers who own and printtheir own publication or publications and who manufacture theproduct or products of the electrotyping and stereotyping industryfor their own publications only.The term " member of the industry " includes, but without limi-tation, any individual, partnership, association, corporation, or otherform of enterprise engaged in the industry, either as an employeror on his or its own behalf.The term -employee " or " employees " as used herein, is definedto include all persons hired or employed by any employer, as above defined, and the members of the family of any employer who areegaget in ( c ying on any operations within the Electrotypingan(l N(ereotyping Industry, whether employed or not; exceptingthose pej'rons who serve in executive, administrative, supervisory,awl s S cap aciti's.Th'elc for-is "At a 'nd "Adiiiiiiistrator as used herein mian re-spe i vel Title I of the National I ndistrial Rltcovery Act, and theA (ithiinistrator for Iii ndstrial Rec'very.The te 111. Siolia(ran Scale " shall mtiean the Standard Scale of(lect r ot * os 1)111)IPblihed n uiii H pOaroved by the Interiiati onal Asso-epituiio of Elil yIVpFs Septemliber 24, 1(031, o any subsequentl'uoIItIIAM bI*) flit I'lli tIL dS ' Ii ('ode shall be determined bynrelrtice to tI lie 1ft' Vt'tl'i ( enlsis.

PAGE 9

421ARTICLE III-GENERAL LABOR CONDITIONS1. No person under sixteen years of age shall be employed in theindustry. No person under eighteen years of age shall be employedat operations or occupations which are hazardous in nature or dan-gerous to health.2. 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,sanitary, or general working conditions, or insurance or fire protec-tion than are imposed by this Code.3. In compliance with Section 7 (a) of the Act it is provided-(a) That employees shall have the right to organize and bargaincollectively through representatives of their own choosing, and shallbe free 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 purposeof collective bargaining or other mutual aid or protection.(b) That no employee and no one seeking employment shall berequired as a condition of employment to join any company unionor to refrain from joining, organizing, or assisting a labor organiza-tion of his own choosing; and(c) That employers shall comply with the inaximnium hours oflabor, minimum rates of pay, and other conditions of employmentapproved or prescribed by the President.4. Nothing in this Code shall be construed or applied to super-sede or interfere with existing agreements arrived at by bona fidecollective bargaining.5. Every employer shall make reasonable provision for the safetyand health of his employees at the place and during the hours oftheir employment.6. Standards for safety and health shall be submitted by the CodeAuthority to the Administrator for approval within three monthsafter the effective date of this Code.7. A placard containing all the provisions of this Code relatingto hours, wages, and employment shall be posted in a prominentplace in the workrooms of each establishment operating under thisCode.8. The Code Authority of the Industry will regulate or standardizeconditions of employment other than hours and wages.ARTICLE IV--HoURS OF LABOR1. No mechanical employee including proprietors, supervisors,foremen and/or others for the time actually engaged in mechanicalwork, shall be permitted to work in excess of forty (40) hours in anyone week, or eight (8) hours in any twenty-four (24) hour period,except as hereinafter provided. The total number of hours workedin any twenty-four (24) hour period shall be continuous except forlunch period of not less than thirty minutes and not more than onehour. It is not intended that any of the foregoing provisions shalllimit the number of days per week a plant may operate, nor thenumber of shifts per day.

PAGE 10

4222. When necessary, overtime shall be permitted, but no person shallwork more than a total of 520 hours in any consecutive 13 weeks;provided that when, due to the special character of the work, orwhen suitable help is unavailable, overtime shall be permitted inexcess of the maximum hours herein provided. Overtime shall con-sist of all work performed in excess of the current daily scheduleof working hours and maximum weekly hours, and shall be paid forat not less than time and one half of the employee's regular rate; forwork on Sundays and customarily observed holidays, at not less thandouble time.3. No employer shall knowingly permit any employee to work forany time which, when totaled with that already performed withanother employer or employers in this Industry exceeds the maxi-mum permitted herein.4. The provisions of this article shall not apply to outside sales-men and persons employed in a managerial or executive capacity,who receive more than thirty-five dollars ($35.00) per week, except-ing those engaged in the production of electrotyping and stereo-typing, nor to emergency maintenance and repair men, janitors,drivers, and delivery men, provided that such employees shall notbe permitted to work in excess of 48 hours per week.ARTICLE Y-WAGES1. The minimum wages to be paid shall be as follows:Electrotype and Stereotype Journeymen, $1.00 per hour.Branchmen (if before June 16. 1933), $0.90 per hour.Laborers, $0.40 per hour.The minimum rate for night shifts shall be not less than 10%above day rate.2. Each establishment, with the exception of those-(1) Which are operating under wage agreements arrived atby collective bargaining; and(2) Those which are paying not less than the wage rates whichthey were paying on July 15, 1929-shall make increases in its average hourly compensation for allclasses of skilled labor within 30( days after this Code becomes effec-tive, on the following basis:Including increases made tinder Section 1 of this Article, each plantshall increase the hourly rates to a point where (including increasesmade since July 1, 1933) they are 10 percent higher than the hourlyrates in effect on July 1, 1933, with this limitation, that they neednot increase rates above tiose paid on July 15, 1929, in the same plantor in similar plianits in the saile locality calling within the aboveclatses (1) and (2).3. Within 3( davs after this (.ode beciles effectiN-e aly rate in-(re8.ses iitider Sevhiio0 1 and 2 titust be fitil her augimetlted, if ieces-sary to brill le 1%Verage hiolirly comiip sensation paid above the com l-penir n a i in ea ch :ablislutielit 111) to 90 percent of tl' hourlyratl previ ii ilil ()I Ju1V 1, 1933, ill the saiiie l]cality, for those baseOes cf hilb bIbr0 t1:mied in the scliehIlle set foth ill Section 1It crf 0f.

PAGE 11

423Prevailing rates shall be the average of the hourly rates paid tothe employees constituting that 50 percent of each class of skilledemployees coming under this Code in that locality which was receiv-ing the higher hourly wage rates on July 1, 1933. For example, if ina locality, a total of thirty journeymen were employed, ten of whom were receiving $1.20 per hour and twenty of whom were receiving$1.05 per hour, the prevailing rate would be the weighted average of$1.20 for ten journeymen and of $1.05 for five journeymen (makingtogether 50 percent of the total nonber) or $.15, and 90 percentthereof would be $1.035.4. It is specifically understood that the foregoing provisions areintended to establish only minimum and not maxinum wage require-ments.5. The ratio ofapprentices shall be not more than one apprenticeto three journeymen regularly employed, provided that this provi-sion shall not apply to apprentices employed on or before December1, 1933. The minimum wages for apprentices shall be based uponlength of experience as follows; First year, 300 per hour; secondyear, 350 per hour; third year, 450 per hour; fourth year, 600per hour; fifth year, 75 per hour. All apprentices employed byemployers in this Industry shall be registered with the CodeAuthority.6. Employees not otherwise covered by this Article shall be paidat not less than the following rates: $15.00 per week in any city ofover 500,000 population or in the immediate trade area of such city;$14.50 per week in any city of between 250,000 and 500,000 popula-tion or in the immediate trade area of such city; $14.00 per week inany city between 2,500 and 250,000 population or in the immediatetrade area of such city; $12.00 per week in towns of less than 2,500population. No errand or messenger boy shall be paid less than 80%of the minimum wages specified in this section for the applicablearea.ARTICLE VI-COSTS1. The basis of estimating and pricing in the Electrotyping andStereotyping Industry shall be the Standard Scale, which scalewas adopted on September 24, 1931, or such revisions thereof as mayfrom time to time be approved by the Code Authority and theAdministrator.2. The principle of pricing shall be one price from any nieniberto all of his customers for like services and like conditions of pro-duction and costs.3. Every electrotype and stereotype establishment shall maintainthe Standard Cost Finding System and Standard Accounting Sys-tem approved by the International Association of Electrot , ypers andby the Administrator; or systems comparable therewith when ap-proved by the Code Authority or by the Adinistrator.4. Selling below the cost of production shall be a violation of thisCode, provided, however, that any producer may sell at below hiscost to meet the competition by any other producer who does notviolate the Code.5. Cost of production as herein used should inichi(le all directlabor and material at cost or market, whichever is lower, )lus a pro-

PAGE 12

424portionate share of all indirect expenses, inclusive of depreciationand/or depletion computed according to the maximum rates of theIncome Tax Procedure; but exclusive of any reserves for purposesother than depreciation, exclusive also of interest paid and develop-mental expenses, provided that the distribution of such indirect ex-penses per unit of product should be on the basis of an average rateof utilization of plant facilities by efficient producers during theperiod 1927-32.ARTICLE VII-ADMINISTRATION1. There shall be constituted a Code Authority consisting of five(5) persons who shall be truly representative of the employers, andwho shall be selected by the Executive Committee of the Interna-tional Association of Electrotypers.2. In addition to membership as above provided, there may bethree (3) members, without vote, to be appointed by the Adminis-trator to serve without expense to the Industry.3. Each trade association or group directly or indirectly participating in the selection or activities of the Code Authority shall (1)impose no inequitable restrictions on membership, and (2) submitto the Administrator true copies of its articles of Association, by-laws, regulations, and any amendments when made thereto, togetherwith such other information as to membership, organization, andactivities as the Administrator may deem necessary to effectuate thepurposes of the Act.4. In order that the Code Authority shall at all times be trulyrepresentative of the Industry and in other respects comply withthe provisions of the Act, the Administrator may prescribe suchhearings as he may deem proper; and thereafter if he shall findthat the Code Authority is not truly representative or does not inother respects comply with the provisions of the Act, may requirean appropriate modification in the method of selection of the CodeAiithoritv.5. Members of the Industry shall be entitled to participate in andshare the benefits of the activities of the Code Authority and toparticipate in the selection of the members thereof by assenting to and complying with the requirements of this Code and sustainingtheir reasonable share of the expenses of its administration. Suchreasonable share of the expenses of administration shall be deter-miiied by the Code Authority, subject to review by the Administra-tot-. on the basis of the number of mechanical employees employedand/or SitUch other factors as the Code Authority may deeme(gIlitable.(. Notliiig contained in this Code shall constitute the membersof the Code Antihtority partners for any puirpose. Nor shall anyiimber of tie Code Aithority be liable in any manner to anyonefor a cy t, of ally ohl.er mneiiber, officer, agent, or employee ol theCode AiitioritY. Nor shall any member of the Code Authority,-cereisilig roasoIable diligenice if the conduct of his duties here-under. he liable to :ilvYonle for any action or omission to act uiniderthis Code, except for his owni willful misfeasance or nonfeasance.

PAGE 13

4257. The Code Authority shall have the following further powersand duties, the exercise of which shall be reported to the Adnunis-trator and shall be subject to his right, on review, to disapprove anyaction taken by the Code Authority.(a) To insure the execution of the provisions of this Code andprovide for the compliance of the Industry with the provisions ofthe Act.(b) To adopt bylaws and rules and regulations for its procedureand for the administration and enforcement of the Code.(c) To obtain from members of the Industry such information andreports as are required for the administration of the Code and toprovide for submission by members of such information and reportsas the Administrator may deem necessary for the purposes recitedin Section 3 (a) of the Act, which information and reports shall besubmitted by members to such administrative and/or governmentagencies as the Administrator may designate; provided that nothingin this Code shall relieve any member of the Industry of any exist-ing obligations to furnish reports to any government agency. Noindividual reports shall be disclosed to any other member of theIndustry or any other party except to such governmental agenciesas may be directed by the Administrator.(d) To use such trade associations and other representatives andagencies as it deems proper for the carrying out of any of its activi-ties provided for herein; provided that nothing herein shall relievethe Code Authority of its duties or responsibilities under this Codeand that such trade associations, representatives. and other agenciesshall at all times be subject to and comply with the provisionshereof.(e) To make recommendations to the Administrator for the co-ordination of the Administration of this Code with such othercodes, if any, as may be related to the Industry.(f) To secure from members of the Industry an equitable andproportionate payment of the reasonable expenses of maintainingthe Code Authority and its activities.(g) To recommend to the Administrator further fair trade prac-tice provisions to govern members of the Industry in their relations with each other or with other industries; to recommend to the Ad-ministrator measures for industrial planning, including stabilizationof employment. Such recommendations when approved by the Ad-miinistrator shall have full force and effect as provisions of thisCode.(h) In the absence of cost data and pending the compilation of such data in all electrotype and stereotype establishments, to pre-scribe regulations for determining the cost of production in eachestablishment, based upon that establishment's own actual expenses,for the purpose of enforcing Section 4 of Article VI.(i) Any regional agency or agencies established in a locality asprovided by the bylaws of the Code Authority slall have the rightto prescribe credit terms for all establishments in such locality, sub-ject to review by the Code Authority and the Administrator.(j) Such regional agency or agencies shall also have power toestablish standard forms of invoicing and billing. subject to theapproval or review of the Code Authority and the Administrator.

PAGE 14

426ARTICLE VIII-LAoR BOARDA Labor Board to consist of three members shall be established,two members truly representative of the Industry to be selected bythe International Association of Electrotypers, and one member tobe selected by the International Stereotypers and ElectrotypersUnion of North America. This Board shall consider and pass uponalleged violations, disputes, or nonobservance of the labor provisionsof this Code. All decisions of the Labor Board shall, if unanimous,be final. In the event that no agreement is reached the matter shallbe referred to the appropriate governmental agency.ARTICLE IX-TRADE PRACTICE RULES1. Violation of credit terms agreed upon in a given locality shallbe a violation of this Code, provided that it shall not be a violation ofthis Section to offer credit terms in any locality other than that inwhich any establishment is situated as favorable as those provided forestablishments in such other locality according to the provisions ofSection (i) of Article VII.2. Failure to apply rules respecting legitimate charges for extrasand misrepresentation of classified work as set forth in the StandardScale shall be a violation of this Code.3. Estimates made upon work done by another electrotyping orstereotyping concern for the purpose of a check estimate shall onlybe furnished when the estimator has access to all copies and specifica-tions involved in the original order.4. Electrotypers or Stereotypers who secure an order on a com-petitive-bid basis may be required by the Code Authority, uponrequest of any unsuccessful bidder, to file their specifications andprices with the Code Authority so that it may determine whether anyinfraction of this Code has been committed.5. The sale or invoicing of the manufactured product withoutthe use of the Standard Scale, together with suitable discounts oradditions, shall be a violation of this Code.6. The payment or allowance of rebates, commissions, credits orunearned discounts, whether in the form of money or otherwise, or extending to certain purchasers special services or privileges notextended to all purchasers under like terms or conditions, shall constitute a violation of this Code.7. No inenber of the Industry shall give, permit to be given, ordirectly offer to give, anything of value for the purpose of influenc-ing or rewarding the action of any employee, agent, or representa-tive of another in relation to the business of the employer of sucheniployee, the principal of such agent or the represented party, with-out trie knowledge of such employer, principal or party. Conmner-cial bribery provisions shall not be construed to prohibit free andgeneral distribution of art iles conmnonly used for advertising exceptso far as -ivh articles are actually used for conilnercial bribery ashereinabove defined.S. Offers, secret or otherwise, to furnish electrotyp, )" or stereo-typws or other products of the eleCt rotyping or stereotyping Industryfree of crge or belov cost to influence the sale of other products orservices, shall coiistitute a violation of this Code.

PAGE 15

4279. Offers, secret or otherwise, to furnish other products or servicesfree of charge or below cost to influence the sale of electrotypes orstereotypes or other products of the electrotyping or stereotypingindustries, shall constitute a violation of this Code.10. Inducing breach of contracts or agreements, espionage, imitation of trade names, or enticement of employees for the purpose ofinjuring a competitor, shall constitute a violation of this Code.If. No member of the Industry shall publish advertising (whetherprinted, radio, display, or of any other nature), which is misleadinoor inaccurate in any material particular, nor shall any member, inany way misrepresent any goods (including but without limitationits use, trademark, grade, quality, quantity, origin, size, substance,character, nature, finish, material content or preparation) or creditterms, values, policies, services, or the nature or form of the businessconducted.12. No member of the Industry shall knowingly withhold from orinsert in any quotation or invoice any statement that makes it inac-curate in any material particular.13. No member of the Industry shall attempt to induce the breachof an existing contract between a competitor and his employee orcustomer or source of supply; nor shall any such member interferewith or obstruct the performance of such contractual duties or serv-ices, provided that nothing in this section shall be construed aspreventing any employer from otherwise offering or giving employ-ment to any person in the employ of another; and provided thatnothing in this section shall prevent any employee from offering hisservices to a competitor, nor preventing any employer from employ-ing the employee of another member of the Industry where theinitiative in such change is taken by the employee.14. Willful or malicious defamation of competitors or the dis-paragement of competitors' products, policies, equipment, or per-sonnel shall constitute a violation of this Code.ARTICLE X-MODIFICATION1. This Code and all the provisions thereof are expressly madesubject to the right of the President, in accordance with the provi-sions of subsection (b) of Section 10 of the Act, from time to timeto cancel or modify any order, approval, license, rule, or regulationissued under said Act.2. This Code, except as to provisions required by the Act, may bemodified on the basis of experience or changes in circumstances, suchmodifications to be based upon application to the Administrator andsuch notice and hearing as he shall specify, and to become effectiveon approval of the President.ARTICLE XI--MoNoPoLIEsNo provision of this Code shall be so applied as to permit monop-olies or monopolistic practices, or to eliminate, oppress, or discrimi-nate against small enterprises.ARTICLE XII-EFFECTIVE DATEThis Code shall become effective on the second Monday after itsapproval by the President.Approved Code No. 179.Registry No. 503-02. 0

PAGE 16

UNIVERSITY OF FLORIDA3 1262 08582 9066


xml version 1.0 encoding UTF-8
REPORT xmlns http:www.fcla.edudlsmddaitss xmlns:xsi http:www.w3.org2001XMLSchema-instance xsi:schemaLocation http:www.fcla.edudlsmddaitssdaitssReport.xsd
INGEST IEID EWTYB590T_Y9E9NC INGEST_TIME 2011-12-23T16:56:32Z PACKAGE AA00008405_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC
FILES