Citation
Code of fair competition for the refrigerated warehousing industry as approved on August 8, 1934

Material Information

Title:
Code of fair competition for the refrigerated warehousing industry as approved on August 8, 1934
Portion of title:
Refrigerated warehousing 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. 25-38 : ; 24 cm.

Subjects

Subjects / Keywords:
Cold storage -- Law and legislation -- United States ( lcsh )
Warehouses -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1715-15."
General Note:
"Approved Code No. 499."

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:
004931112 ( ALEPH )
645480994 ( OCLC )

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NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION




REFRIGERATED


WAREHOUSING INDUSTRY


I 'I
For sarle by the Superintendent of Documents, Washkington, D.C. - Price 5 cents


1
~~ i~' *
;';'


D~'Approved Code No. 499


Registry No. 1715--15


AS APPROVED 019 AUGUST 8, 1934


W~ ~DO QUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934





This publication is for sa~le by the Sup~erintendent of Documents, Government
Printing Office, W~ashington, D.O., and by district offces of the Bureau of
Foreign and Domestic Commerce.
BlBTRICT OFFICES~ OP THE DEPARTMENT OFr COMMR~ucB
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1708, 201 North W~ells Street.
Clevreland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M\Iich.: 801 First National Bank Building.
Houston, Texc.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
K'an~sas Cityr, Mlo.: 1028 Bal~tiore Avrenue.
Los Angeles, Calif.: 1188 Bouth B~rodway.
Louisville, K~y.: 408 Peder-al Building.
Mlemphis, Tenn.: 229 Federal Building.
M~inneapolis, Mlinn.: 213 Pederal Building.
New Orleans, La.: Room 225-A, Customhouse.
New Y'ork, N.Y.: 734 Gusrtambouse.
Norfolk, Va.: 406 East Plmue SICtreet.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, M'o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W'ash.: 809 Federal O~ffice Building.














Approved Code No. 499


CODE OF FAIR COMPETITION
FOR THE

REFRIGERATED WAREHOUSING INDUSTRY

As Approved on August 8, 1934


ORDER

CODE OF TiAIR COMPETITION FOR THE REFRIGERATED F~AREHOUSING
INor7sTRa
An application having been duly mande pursuant to anid in full
compliance with the provisions of Title I of the National Indust~rial
Recovery Act, approved June 16, 1933, for approval of a Code of'
Fair Competition for the Refriger~ated Warehousing I~ndustry~, and
hearing having been held thereon and thle annexed report on said
Code, containing findings wTith respect thereto, having been made
and directed to the President:
NOW~, THEREFORE, on behalf of the Presid-ent. of the United.
States, I, Hugh S. Johnson, Administrator for Inidustrial Recovery,
pursuant to authority' restedi in mne by Executive Orders of t~he Presi-
dent, including Executive Order No. 6543-A, dated D~ecemiber 30,
1933, and otherwise; do hereby incorporate by- reference said annexed~
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code! of Fai~r
Competition be and it is hereby appr~oedl, on condition that within
ninety days from the. effective date of said C'ode a public hlearing
shall b~e held on such of the provisions of said Code as I: may desig-
nate and any order which I mayl make subsequent to such hear~ing~
shall have the effect of a condition of the approval of said Code.
HUGK S. JOHNSfON,
Admiunisturaor forr Indus.trial Rec~overy.
Approval recommended :
GrEO. L. BERRY,
Division Aakni~isatrator.
ETASHINGTON, D.C.,
Augu~st 8? 19349.
7027i0*--1044--44 34 (25)













REPORT TO THE PRESIDENT


The PRESIDENT,
The ~h~ite HousLe.
SIR: This is az report of the hearing on the Code of Fair Competi-
tion for the Refrigerated Wlarehousing Industry, conducted in Wash-
ington, on Mrarch 15, 19341, in accordance with the provisions of the
National Industrial Rjeco~ve~ry Act.
THE INDUSTRY
Thi;s Indus~try is vi;tnl to the health and~ well-being. of the American
public in that it must constantly saf~eguard at adequate temperatures
mnuch of th~e fruits, vegetables, fish, butter, eggs, fowl and mneats, and
other edibles of our dlaily consumlption.
Thlere are 540 establishlments in this Induistry, and these firms have
an app~roximate cap~acityr of 3'25,000,?000 cutbic feet; appr~oximately
10,000 employees; wivth capital investment of over $250),000,000.
Apploroim~ately 80%0 of the members of thlis Industry are also en-
gaged in the ice business and of course use the samee re~frige~rating
engmneerng .staff? a~nd much of thle other labor is interchangeable.
Notw~ith~standingR thart fact, it is estimnatedl thlat. employment of labor
will be. incrense~d app~roximately 95C% and an1 increase in payrolls of
appr~oximately 25%~, an adlditional burden on industry of some
2210,000 annually.
PROVISIONS OF THE CODE,

The Code provides for a basic wolrk week of forty-eight (48)
hours, and nine (9) hours p~er day and six (6) d2ays per week, with
ovecr-time provision? which in itself is a tremendous contribution by
indulstry? in view of the exceedingly longer hours worked previously.
Th~e pr~oposed minimumln hlourly~ wage rates varyv from 97.5 to 37.5
cents wrIth difflrentials established onl the basis of size of city and
r~egion. Thle minimum w\eekly wage rate proposed for clerical em-
ployees is fifteen dollars ($15.100). The Code co~nt~ains other highly
beneficial labor clauses.
Under Article VI, Adcminis~tration, the Code provides for a Gode
A~uthorityr of five (5) memb~r~s fr~om the Indlustr andc, at thle discre-
tion of the Admlinistr~ator, thrfee (3) addlitioinal mnembercls from the
fo vernmrent..
Thie Trade Praetire Sectioni of this Ciode is for the most part a
cod~lification of r~ules and( regu~lations w~hich~ h~ave been well established
by long practice within thle Industry.
FIN DINGS

'IThe Depluty Admliinistrantor inl his final report to me on said Code
hanvingi foulnd as he~irei sae forth and on the basis of all the proceed-
ings" in th~is matter;
(26)









I find that:
(a) Said Code is well designed to promote the policies and purposes
of Title I of the National Industrial Recovery ACct, including re-
moval of obstructions to the free flow of interstate and, foreign com-
merce which tendt to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united actions of labor and management
under adequate Governmental sanctions anld supervision, by elimni-
nating unfair competitive practices, by promoting the fullest pos-
sible utilization of t~he present p~roductive capacity of industries, by-
avoiding undue restriction of production exceptt as maybe tem-
porarily required), by increasing the. consumption of industrial and
agricultural products through increasing purchasing power, by re-
duicing and relieving unemployment by improving standards of labor,
and byr otherwise rehabilitating industry.
(b) Said Industry normally employs not more than. 50,000 em-
ploye~es; and is not classified by me as a mnajor Industry.
(c) TIhe Code as approved complies in all respects with the perti-
nent, provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section.3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereojf; and that the applicant group
of members of said industry is a group truly representative of the
aforesaid Industry; and that said group imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and wCill not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process havpe not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, th~e Code has been approved.
Res pect fully1,
Hnan S. JoRNSON,
Admin istrantor.
AUGUnST 8, 1934.














CODE OF F`AIR COMP~ETITIONb FOR THE: REFRIGEJRATED
WAlREHOU~SING IjNDUSTRY

~ARECL I -PUrPsOsES

To e~ect the policies of Ti~tle I ofE the National Industrial Recov-
ery Act, this Codle is established as a Code of Fair ComnpetitiOn for
the Retfrigerated Warehousisng Indust~ry, ~ad its pro~visions~ shalnl be
the standards of fair ~compe~iftition for such Induzstry an~d be binding
upon every-r member th~ereof.
ARTICLE I --DEFINITIONSB

~Swenow 1. The term1 Refriger~t~e~d Warehousing ~Industry "i or
'I Indusjt-ryt as ursed hereiln includes the furnishing~, for a cons~idter-
tion, of wfarehousing ~services and; or storage for grroods, wRares and/or
muerchlandise in anyg building or structure, or any part thereof, wrhich
is arctiicitally ecoled, exep~t products which are~ governed bV anotherr
approvet-d code or icdes.
SECTION L2. Tile (ttM'P Omb~J er of t~he IndustryT or Member ",
as usedl herein includes any individual, part~nerhipj, association, cor-
para"'tion or other formn o~f enterprise e~ngaged in thea industry either
as an em~ployer~l or ona his or its owRn behalf.
SECTIoN 8. The teffil 'edflployee as used herein includes an
and aHl per~sos engaged in the industry, however compenssated, ex-
cept a m1embfer of the~ indurlstry.
jECTI~ON q. The! te-rlrm employers as used herein includes anyone
by whom suc-h emplloyee is competnsated or emrployed.
SEcrzox_~ 5. TT7he terms "i Presidenlt "!,' ct ", and Administ~rator "
as used her~ein mean respect~ively the Pr~esidenlt of the United States,
Title I of the Natio~nal Indlustirial Recovery Aclt, and the. Admsin-
istra~tor for Industrial~ Recov-ery.
SECnow., G. The terml South "` as used: herein mneans the states of
A-labamn, Arkansas, Floridac, Georgia, Kentucky, Louisiana, M~issis-
sip~pi, North Carolina, Ok~lah~oma, Southl Carolirna, Tennessee, Texas,
V'irginia, and Wecst V'irginia. The termn "i Northi means all other
states not listed above and the District of Columb~ia.
SECTIONN 7. Population for the p~urp~oses of this Code shall be de-
ter~minedl by referencelc to the latest. Fedeclral Cenlsus.
ARTilcLE III-Homus

M\.1XL111T HOURS

Seenrow 1. No emnployee, except as herein otherwise provided,
shall be permitted to wor~k in extcess of forty-cigaht (48) h~our~s in
any one -week, or nine hours ini any 24 hour period.
(28)









SEcrxoN 2. No person employed in clerical or office work shall be
permitted to work in excess of fortyr (40) hours in anly one week or
nine (9) hours in any twenty-four (24) hour period.
EXCEPTIONS As TO HOURS

SECTION 3. The provisions of this Article shall not apply to per-
sons engaged in a managerial or supervisory capacity who are paid
thirty-five dollars ($i35.00) or more per week.
SECTION 4. Employees engaged in emergency wICork for the pro-
tec~tion of life or property shall be exempt fromt the maximum hours
provided in this Atrt~icle, provided, however, that each. such employee!
shall be paid time and one third times his normal ratet of pay for
all hours worked in excess of the mzaximumn established herein.
STANDARD WEEKC

SECTION 5. No employee except those engaged in emergency work
as defined in Section 4 of this A~rticle shall be permiiittedl to wiork
more than six (6) dayrs in any seven day period.
EMPLOYMENT BY-,SEVrEILLL EMPLOYERS

SECTION 6. No employer shall knowingly pe~rmit any employee. to
work for any time which, when added to the time spent at work for
another employer or emlployers in this or anly other Inrdustry exceeds
the maximium permnittedl. herein.

ARTICLE IV--\fAGIES
MIINIMIUM\ WAGESE

SECTION i. NO employee, except as her~einafter provided, shall be
paid less than at. the rates set forth below:
(a) E~mployees in places in the hNorth havingr a population of
15,00)0 persons or more shall be paid not less than thirty-seven and
one-half cents (37%(~~) per hour.
(b) Employees in places in the? North having a population of less
than 15,000 persons shall be paid not less than thirty cents (30gf)
per hour.
(c) Emnployees in t~he South shall be, paid not less than twventy-
seven and one-half cents (27j {) per hour.
SECTION 2. NO Offee or clerical employee shall be paid le~ss th~an
at the rate of fifteen ($15.00) dollars per weekr.
PART TIME COM\LPENSATION-M~I NIMTJ3 WAGES

SECTION 3. This article establishes minimum rates of pay which
shall apply irrespective of whether amn em~ploy~ee is actually comp-
pensatedd on a time rate, piece-work, or other basis.
WAGES ABOVE MINIMZUM

SECTION 4. No employer shall make any reduction in the full time
weekly earnings of any employee whose normal full time weekly
hours are reduced by 15 percent., or less, below those existing for







30-

the four weeks ending June 16, 1931. Whn tlhe normal full tfimne
weekly hours of any employee are reduced by more than said per-
cent, t~he full time weekly wage of such employee shall not bJe re-
ducedl by more than one half of the percentage of hour reduction
above said per~cent.. In no event shall hourly rates of pay be re-
duced, irrespective of whether compensation is actually paid on an
hourly, weekly, or other basis, nor shall orny wages be ait less th~an
thte minimum rates herein provided.
WIit.hin thirty (30) days of the effective date hereof, (unless such
adjustmrent has been madte theretofore) each employer shall adjust
thle schedules of wages of his employees in such an equitable manner
as witt conforml to the provisions hereinabove set forth.
PEMALE EMPLOYEES

SECTION 5. Fe~male employees performing substantially t~he same
w~ork as male employees shall receive the same rate of pay as male
employees.
HAN'DICAPPED PERISONS

SEC:TION 6. A~ person whose earning capacity is limited becaLuse of
age or physical or m-ental handicap or other infirmities may be em-
ployed on ligh~t wonrk at. wagm below the minimum estabhlsh~ed by
this Ciode if the employer obtainst from thle Statte authority desig-
nagted byv the: Unit~ed States Department of Labor a certificate au~th-
or~izing his employment at such wages and for suchl hours as s'hall
be stated in the certificate. Each employer shall file monthly with
the Code Aluthority a list of all such persons employed by him,
showing the wrages paid to, and the maximum hours of w~ork for
such emnployee.
WVAGE PAYMENTTS

SECTION 7, A~n emlployer shall make payment of aHl wages due
at~ least everyr two w~eeks and ssalaies at least monthly in lawf~ul cur-
r~ency or by negotiable demand ch~eek. These wages and sala-rifes
shall bet exem~pt fr~om anyr charges, finles or deductions or payments
for pensions, insurance or sic; benefits other than those voluntarily
paid by the wage earner or required by lawr. No employer shall
wvithhoild wages other than monies actually due employers or due
on legal or~der. The employer or his agent shall accept no rebates
directly or indlirectly onl such wages or salaries.


SECTION 1. (CA1/1 ~7 Gl)O.-- n o peron ulnder eighteenl (18) years
of agec shall be emlployed in the Indust~ry except as ofiiee boys, obfee
girls or messengrprs. No person under sixteen (16) years of age
shall ber emnployedt in thre Indlustryp in any capacity. In any Stazte
any emnployerr shall b~e deemedcr to have complied with the provisions
as to ag~e if he shllnl have on file a certificate or permit, duly signed
by tdae AuthTor~ity in suchl State empowered to issue emnploymienat or
age certificates or per~mitbi shIowig that the employee is of the re-
qtuired ag~e.









SECTION a. (a) Provisions from thie Act.--Emplolyees shall have
the right to organize and bargain collectively through representa-
tives of their own choosing, and shall be free from interference, re-
straint, or coercion of employers of labor, or their agents, in the
designation of such representativ-es or in self organization or in
other concerted activities for the purpose o~f collective bargaining
or other mlutusal aid or protection.
(b) No employee and no one seeking unployment shal be re-
quired as a condition of employment to join any company union
or to refrain from jommig, orgam~zing, or assisting a labor orgamr-
zation of his own choosing, and
(c) Employe~rs shall comply with t~he mnaximumr h-ours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
SECTION 3. EvasrJionl Thr~ugh. ,Subterfugr~e.-Nuo employer shall re-
classify employees or duties of occupations performed or engage
mn any other subterfuge so as to defeat; the purposes or provisions of
the Alct or of this Code.
SECTION it. Standrsals for Safety anld Health.-- Every emlployer
shall provide for thle safety and health~ of emlployees during thle hours
and at the places of their employment. Standards for safety and
health shall be submitted by thie C~ode Aulthority to the Adminilstr~a-
tor within six months after thle effective late of th1e Clode.
SECTION 5. State Lauyi.--No provision in this Code shall supersede
any Stalte 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 mlsurance,
or fire protection, than1 are Imposed by this Code.
SECTION 6. Posfting.-ALl em~ployers shall p~ost and keep posted
copies of this Code in conspicuous places acces~sible to. all employees.
Every member of the industry shall comnplyr with all rules and regula-
tions relative to the posting of provisions of Codes of Fair Comlpeti-
tion which may from timne to time be prescribed by thet Administrator.
SECTION 7. D948770/8881E Of EFIlplOYe68.--No member of the T~Inustry
shall dismiss or demote any employees for makiing a complaint or
giving evidence with respect to an alleged violation of the prov-isions
of this Code.

AuRTICLT VI--OnCaNIZdrloN, Powans cwPD DUTIES oF 711E GODE
AUrnorrTY

ORGANIZATION ANTDeCONSTITUTION

SECTIONI 1. A Codet A~uthority is hereby estab~lishedc consistingr of
five (5) members chosenl by the industry through a fair method of
selection approved by the Adlministr~ator. In addition to such in-
dustryT membership, there mnay be three members, without vote, to be
krnowvn as Administr~ation members, to be appointed by the Adminis-
trator to serve for such sterns as he muay specify.
SECTION 2. Regions and Regional Bub-Cod e Authorities may be
established from time to time by' the Code Aulthorityr with the' ap-~
proval of the Administrator..









Section 3. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Aidministrator true copies of its articles of
association, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate t~he purposes of the Act.
SEcTION 4. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects comply
with the provisions of t.he Act, t~he Administrator may prescribe
such hearings as he may deem proper; and thereafter if he shall find
that t~he Code Authority is not, truly representative or does not in
other' respects comply with the provisions of the Act, may require
an appropriate modification of the Code Authorityr.
SECTION 5. Nothing contained in this Code shall constitute the
members of the Code Authlority or Regional Sub-Clode Authorities
partners for any purpose. Nor shall any member of the Code Au-
thority or Regional Sub-Code Authorities be liable in any manner
to anyone for any act. of any other member, officer, agent or employee
of the Code Authority or Regional Sub-Code Authority. Nor shall
any member of t~he Code Authority or Regional Sub-Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any act or omission to act under this
Code, except for his own wilful malfeasance or non-feasance.
SECTION 6. If the Administrator shall at any time determine that
,any action of a Clode Aut~hority or any agency thereof may be unfair
,or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and fulrt~her consideration
by such Code Authority or agency pending final action which shall
not be effective unless t~he Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or mnodified form.
POWERS AND DUTIES

SECTION 7. Subject to such rules and regulations as may be issued
by the Administrator the Code AuthorityT shall have the following
powers and duties, in addition to those authorized by other provisions
of this Code:
(a) To insure the execution of the provisions of this Code and
to provide for thle compliance of the industry with the provisions
of the Act.
(b) T~o adopt by-laws and rules and regulations for its procedure.
() To obtain fromt members of the industry such information.
reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority members of t~he industry shall furnish such statistical infor-
mation as the Administrator may deem necessary for the pur~poses
recited in Section 3 (a) of the Act to such Federal and State agencies









as he may designate; provided that nothing in this Code shall relieve
any member of the industry of any existing obligations to furnish
reports to any Government agency. N~o individual report shall be
disclosed by the Code Authorityr to any other member of the In~dus-
try or any other party except to such other Govlernmlental agrenc~ies
as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall r~elievre thle Code Aiuthority
of its duties or responsibilities under this Code alnd that such trande
associations and agencies shall at all times be sub~ject to and comply
with the provisions hereof.
(e) To makce reconunendlation s to the A~dmninis~torato for the eo-
ord~ination of t~he administration of thiis C'odep withi such other codes,
if any, as may be related to or effect, memnbers of thle industry.
(f) 1. It being found necessary in or~der to support the adminis-
tration of this code and to maintain the standards of fair competi-
tion established hereunder a-nd to effectuate the policyr of the Act, thle
Code Authority is authorized:
(a) To incur such reasonable obligations as are n;ecessaryr and
proper for thle foregoing purposes, andi to meet, such obligations
out of Am~ds wFhich may be raised as her~einnfter provided and
wlxich shall be held in trust for thle purposes; of the Cod.e;
(b) To submit to the Admini~stratoro for hisi approval, subject
to such notice and opportunity to b~e hard~r as he -may deenl
necessary (1) an itemized budget of its estimated expes~es for
the foregoing purposes, and (2) an equitablIe basis upon which8
the funmds necessaryr to sulppor~t such budcget sha~ll be contributed
by maemb;ers of the industry;
(c) After such budrret anld basis of contribution hav~e been
approved by the Adrmistrator, to determine and obtain equi-
table contribution as above set fourth by all miember1s of the
indurstry, andl to that endl, if netcessaLry-, to institute legalI pro-
ceedingsi ther~efor in it~s ownn nlamle.
2. Eaich member of the inldustry sh~all pay his or, its equitabl2e c-on-
tribution to the expenses of the maintenance: e of thle Code Authorityi,
determined as hereinlabove povided, and~t subject to rulles and regu~-
lations pertaining thereto issued by the Admuinistrautor. Only mem-
bers of thle industry complying~ with thle code andi colt~ribut.ingr to
Llthe expensest- of its adminsistration? as here'LinabJove provu\ided, shalll be
entitled to participate in the selections~ of m;emb~ers of thle Code Au-
thority or t~o receive thle benefits of any~ of' its vrolunta~y ac~tivities or
to make use of any emblem or insignia ofI the Nartional HRecovery
Adm inistrartion.
3. The Code Authority shall neither incur nor. pay any obligeatio-n
substantially in exces~s of the amount thereof as estimated in its
atpproved budget, and shall in no event exceed thle toctal amount con-
tainaaa~~~~~aaaaed in the approved budget, except upon appoal'\Y of thle Adl-
ministrator; andl no subsequent budget shall contain anyr dlefcienc~y
iteml for expenditures inl excess of prior budget estimates except
those which the Administrator shall hlave so approved.









(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions to:
govern members of the industry in their relations with each other or
wit~h other industries; measures for industrial planning, and st~abili-
zation of employment; and including modifications of this Code
which shall become effective as part hereof upon approval by the
Administrator after such notice and hearing as he may specify.
(h) To appoint a Trade Practice Committee which shall meet with
the Trade: Practice Commnittees ap~pointed under such other codes
as may be related to the industry for the purpose of formulating
fair trade practices to govern t~he relationships betw~ee~n employers
under this code and under such other codes to the end that such
fair trade practices may be proposed to the Administrator as
amendments to this codle and such other codes.

ARTICII TTII FILING Or SCHEDULES OR TARIFFS

SECTION 1. Each member of the Industry shall file with a confi-
d'ential and disinterested agent of the Code Authority, or if none,
then with such agent designated by the Administrator, identified
tariffs or schedules of all of his rates and all other terms or charges,
hereinafter in this article referred to as rates ", which tariffs or
schedules shl~lo completely and accurately conform to and represent
the individual rates and charges of said member. Said rates shall
in the first instance be filed within thirty (30) days after the date of
approval of this Code. Rates and rev-isions thereof shall become
effective immediately upon receipt thereof by saidl agent.. Immedi-
ately upon receipt thereof, said agent shall by telegraph or other
eqlually prompt means notify said member of the time of such receipt.
Such tariffs or schedules and revisions thereof together with the
effectiv-e time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the industry and to all of
their customers who have applied therefore and have offered to defray
the cost actually incurred by the Code Authority in the preparation
and distribution thereof and be available for inspection by any of
their customers at the office of such agent. Said tariffs or "schedules
and revisions thereof or ainy part thereof shall not be made available
to any person until released to members of the industry and their
customers, as aforesaid; provided, that rates filed in the first instance
shall not be released until t.he expiration of the aforesaid thirty-day
period after the approval of this Code. The Code Authority shall
maintain a permanent file of all rates filed as herein provided, and
shall not destroy any part of such records except. upon written con-
sent of the Administrator. Upon request the Code Authority shall
furnish to the Administrator or any duly designated agent of the
Admimistrator copies of any such tariffs or schedules or revisions
of rates.
(a) All such tariffs or schedules published by each member of the
Industry shall plainly show the rates and charges for each of the
following separate and distinct warehousing services, and any mem-
ber of the Indlustry who shall fail to publish and charge a separate
rate or chlarge for each of these services shall be deemed guilty of
an unfair trade p~raeice and in violation of this Code.









Handlig packing
Storing Service outside of usual business
Insuring hours
Recoopering Maing;, collections or loans on
Weighing r-equest of customers
Extra Sorting Extra labor or service and spe-
Bonded Warehouse Service cial clerical w~ork.
(b) All tariffs or schedules of rates shall definitely state whether
the rates quoted are applicable to carload or less-thlan-carload qluan-
tities. There shall be no discounts for quantity in excess of thle
customarily accepted carload unit quantity.
SECTIION 9. When any member of the industry h~as filed a revised
tariff or schedule, such member shall not fEile a higher rate within
forty-eight (48) hours.
SECTION 3. No member o~f the industry shall offr t~o perform? any
services of the industry, at rates or charges other thanE those set. forth
in his published tariff or schedule' of rates.
SECTION 4.. No member of thle Industry shall enter into any agreet-
ment, understanding, combination or consp~iracy to fix or maintain
rates, nor cause or attempt to cause any member of the indrustry2 to
change his rates by the use of intimidation, coercionl, or any other
influence inconsistent, with the maintenance of the free and open
market which it is the purpose of this Art~icle to cr~eatP.
.AnvICu: VI1IIC-CPAcmT CIONrTROL

Based on conditions in3 this Indrustryc and in this per~iodl of emaer-
gency and to effectuate the operations!, provisions and piolic~y of the
National Industrial Rlc~overy Act, t~he following r~egulationsare~
established :
SECTIONu 1. No person engagedl in thiis industryv or for the purpose
of engaging in thlis industry shall purchase, constr~uct, lease or othe~r-
wise obtain or use st~orage enpsaeit nlot. owned, leased or o~therw~ise
held by such person prior to the effective date of this Clode, exept by
atpplying to the Administrator throughout the Code Authority and ob-
taining permission of the Admniiistr~ato r upon hi-s fnining that ithe
granting of su1ch perm'nission is conlsistent writh an~d tends to efflec~tuate
the policy of the Natipnal Indu~str1ial Recov-ery Act; but nothing con-
tained herein shall be constrlued to p~revent thle r~eplacemuent. by a
member of this industry of storage capacity of equal ctpac~ity4 eis~t-
ing onl the e~ffective da~te of this cCode or the transfer of stojragre ca-
pacityv from one member to another pesnd providledl samer wasinus
prior to the effc~ctive date of t~hisCoeanpoiddurhrta
such transfer dioes not. have t~he effect of creating additional storage
capacity within the Industry.
SECTION 2. The provisions of this Alrticle shallZ cease to be effec-
tive on the exrpira.tion of six months fromt th effective date of this
Code, provided, howeer, that prior to that timej the Clode ALuthorit~y
may submit to the Administrator its rcommendlation~ that saidl
period be extended based on such information as ma,.y be required
and if the Administrator finds upon such information and facts that
a further extension of this period is consistent with and tends fur-










their to effectuate the policy of the National Industrial Recovery
Act, he may~ declare: the provisions of this Article to be operative for
such longer period and under such conditions as he may' find neces-
sary further to eiffectuate the policy last herein mentioned.
ARTICLE IX--COSTS AND PRICE CUTTING
SECTION 1. The standards of fair competition for the industry
wit~h reference to the chrg~nring of rates are declared to be as follows:
(a) Wilfully destructive rate cutting is an unfair method of com-
petition and is forbidden. Any member of the industry or any
other industry or the customers of either may at any time complain
to the Code Authority that any filed rates constitute unfair compe-
tition as destructive rate: cutting, imperiling small enterprise or
tending toward monopoly or the impairment of code wages and
working conditions. The Code Authority shall within five (5) days
afford an opportunityT to the member filing such rate to answer such
complaint and shall within fourteen (14) days make a ruling or
adljust~ment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of NRAQ which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to destructive rate cut-
ting there is to be no fixed minimum basis for rates. It is intended
that sound cost estimating methods should be used and that consid-
eration should be given to costs in the determination of rates.
(c) When an emergency exists as to any destructive rate cutting
charges below the stated minimum rate of such service, in violation
of Section 2 hereof, is forbidden.
SECTION 2. EmnergencyJ Provri~siolw,.-(at) If t~he Administrator,
after investigation shall at any t~ime find both (1) that an emergency
has arisen within the industry adversely affecting small enterprises
or wages or labor connditionls or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of tahe stated minimum rate for a specified
service within the industryv for a limited period is necessary to miti-
gate the conditions constitution such emergency and to effectuate
th~e purposes of the Act, the Code Aut~hority may cause an impartial
agency to investigate costs and to recommend to the Administrator a
determination of the stated minimum rate of the services affected by
the emergency and thereupon the Administrator may proceed to
determine such ,stated minimum rate.
(b) WThen the Administ-rator shall have determined such stated
minimum rate for a specifiedl service for a stated period, which rate
shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuate the purposes of the National Industr-ial
Recovery Act, he shall publish such rate. Thereafter, during such
stated period, no member of the industry shall charge for such
specified services a.t a net realized rate below said stated minimum
rate and any such charge shall be deemed deestructive rate cutting.
From time to time, t~he C'ode Authority may recommend review or
reconsideration, or the Administrator may cause any determinations
hereunder to be reviewed or reonssidered and appropriate action
takenn"










~SJa~reoxw & Cost Frindin~g.--Th e Code Authority shall cause to be
formuilated methods of cost finding and accounting capable of use
by all members of the industry, and shall submit such methods to
the Administrator for review. If approved by the Administrator,
full information concerning such mecthod~s shall be made available
to all members of the industry. Thereafter, each member of the in-
dustr~y shall utilize such methods to the extent found practicable.
Nothing herein contained shall be construed to permit the Code
Authority, any a.gent thereof, or any member of the industry to
suggest uniformly additions, percentages or differentials or other uni-
forrm items of cost. which a~re. desig~ned to brilng aout arbitrary uni-
formityT of costs or rates.
AnnaCL; X-TRADE PRACTICE RouEs
SECTION 1. No member of the industry shall directly offer or make
any payment or allowance or a. rebate, refund, commission, credit,
unearned discount or excess allowance, wvhether in the form of money
or otherwise; nor shall a member of the industry offer or ext~end to
any customer any special service or privilege not ext~endled to all
customers of the same class.
SCECTION 8. No member of the indul~stry shall knowvingly withhold
from or insert in any quotation or invoice any statement that. makles
it inaccurate mn any material particular.
SECTIONQ. No member of the industry shall publishi advertising,
whether printed, radio, display, or of any other nature, which is mis-
leading or inaccurate in any material particular; nor shall anly mnem-
ber in any way misrepresent any credit terms, values, policies, ser~v-
ices, or the nature or volumie of the business conducted.
SECTION 4. No member of the industry shall give, permit to be~
given, or offer to give, anything of value `for the purpose of influene-
ing or rewa~rding the action of any employee,_ agent, or representativ-e
of another in relation to the business of the employer of such
employee, the principal of such agent or the represented par~ty, wtith-
out thle knowledge of such employer, principal or party. This prov~i-
sion shall not. be construed to prohibit fr~ee and general distribution
of articles commonly used for advrertising except so far as such~
articles are actually used for commercial b~ribery as hereinabove
defined.
SECTION 5. No mem~llber of the industry shall fail to bill andl maike
payable monthly,$ the monthly storage chiargs, interest, insurance
and all other charges for services, irresp~ectiv-e of whether the mer~i-
chandise has been removed fromn thle warehlouse or remn~ins ini storage.
SECTION 4. No mesmber of thep induistryr shall described t~he r~efrig
erated wEarehousingg business, the method used, facilities furnished
or services rendered, or quote rates or dilarges, or* state terms or
conditions, in a manner that is misrepresentative or that has a tend-
ency or capacity to deceive customers or prosp~ctive customers as to
the true character thereof in any particular.
SECTION 7. No member of the industry shalll offer or makle confi-
dential or secret rates, charges, terms olr conditions, or offer or mak~e
in any manner or by any device wvhate~er, more adv~antageious rates,
charges, terms or conditions, to certain favored customers or pro-
spective customers than in accordance with such member's filed tazriff
or schedule.





UNIVERSITY OF FLORIDA

111111$1111111111111111111111Illl~ll 'I
38 3 1262 08582 8274

SECTION 8. NO. Illmtc bs. M th)indiiry diall -;dbtfnel'c
by falsely -imputing to thein dislorhadfbe- colnduht4, iin;shility' 1pe
form contracts, questionable erld~it; stairdihngi or'I:Dotherdarse (bi-e
.sentations o~r by the false.-d~ispcara gemaentlE~Ea~a~ of hei~gra'de oir p D~E
their' service. ': :.:: ;
SECTION 9. No member of ~h~e. industry 'shatll is~suze4 frandulidi
or aid in fraudulentlly issuing, a viarehouse receipt. for hold~~iadrph ort-
ucts which contains-asy false statemune~~~~eee~~ t~ or~which: omits-asyr "p ACit~~i
information or facts relating to the .ownership and/or: to .tfhedrneN
.chandise described. :. e
SECTION 10. No member of the Industry.sball use ~any utrfgt
to evade any provisions of this Code, such -as .(but wtrithas ibmitiE~
tion) renting or offering to rent. warehouse space under such tersi or
conditions as would defeat the purposes of -th~is Code.
ARTICLE 11I -MODIFICATION ..
SECTION 1. This Code and all the provisions thereof at 4 :expth11)5r
made subject to the right of the President, in accordance oi~th tife
provisions of subsection (b) of- Section 10 of th~e Act, from tiinek.
time to cancel or modify any order, approval, license, ride or Jgr'ghL
lation issued under Title I: of said Act..
SECTION 2. Such of the provigions of this Code as are not reqyuired8
to be included herein by the Actt meay, with -the approval- of thh
-Administrator, be modified or eliminated in such manner as mray
be indicated by the needs of the public, by changes in circumstancese,
or by experience. All the provisions of this Code, unless so modifid
or eliminated, shall remain in effect until Jun~e 16, 1935.
ARTICLE X~II-MONOPOLIES, ~ETC.
No provision of this Code shall be so applied as to permit monopg-~
lies or monopolistic practices, or to eliminate, oppress or discruml
nate against small enterprises.
ARTICLE XIII--SUPPLEMENNTAL CODE
The Code Authority may at any time submit and steeipt on be~ha ,
of the Industry supplemental codes for any brazibof this indao I
pr any related industry.
ARTrICLE XIV--PRIC3E INCREASEB *
Whereas the policy of the Act to increase real purchasing g oe
will be made more difficult of consummation if prices of g~sand2
services increase as rapidly as wages, it is recogn~ised'tha pries
increases except such as may be required to meet individual cost
should be delayed, and when made such increases should sd' far as
possible, be limited to actual additional increases in the seller's
costs.
ARTICLE XV VEFFECTIVE DA~TE
This Code shall become effective on the second MI~onday after its
approval by the President. -*
Approvedl Code! No. 400. .,.
Registry No. 1715--15.




Full Text

PAGE 1

Approved Code No. 49 9 Regi stry No. 1715-15 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE REFRIGERATED WAREHOUSING INDUSTRY . ) AS APPROVED ON AUGUST 8, 1934 WE 00,-_OUR_ PART' UNITED ST A TES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent o f Documents, Washington, D.C. • P rice 5 cents V

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OP THE DEP A:RTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, Mass.: 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Charleston, S.C.: Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore A venue. 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 Eas t Plume Street. Philadelphia, Pa.: 42Z Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 499 CODE OF FAIR COMPETITION FOR THE REFRIGERATED WAREHOUSING INDUSTRY As Approved on August 8, 1934 ORDER ConE OF FAIR CoMPETITION FOR THE REFRIGERATED WAREHOUSING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16 , 1933 , for approval of a Code of Fair Com .petition for the Refrigerated ,v arehousing Industry, and hearing having been held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Code complies in all respects with the pertinent provisions and will promot:B the policy and purposes 0 said Title of said Act; and do hereby order that said Code of Fair Competition be and it is hereby approved, on condition that within ninety days from the effective date of said Code a public hearing shall be held on such of the provisions of said Code as I may designate and any order which I may make s ub sequent to such hearing shall have the effect of a condition of the approval of said Code. HUGH s. JOHNSON, Administrator for I ndustrial Recovery. Approval recommended: GEO. L. BERRY, Divuion A
PAGE 4

• REPORT TO THE PRESIDENT The PRESIDENT, The White House. Srn: This is n report of the hearing on the Code of Fair Competition for the Refrigerated Warehousing Industry, conducted in "\Vash ington, on J\farch 15, 1934, in accordance with the provisions of the National Industrial R ec overy Act. THE INDUSTRY This Industry is vital to the health and well b eing of the American public in that it must constantly safeguard at adequate temperatures much of the fruits, vegetables, fish, butter, egg , fowl and meats, and other edibles of our dail y consumption. There are 540 establi;:;hments in this Indu try, and these firms have fill approximate capacity of 325,000,000 cubic feet; approximately 10, 000 employees; with capital investment of over $250,0001000 . Approximately 80% of the members of thi Industry are also engaged in the ic e business and of cours-e u se the same refrige.rating -engine ering stair, and much of t1rn other labor is interchangeable. Notwithstanding that fact, it is estimated that employment of labor will be increased approximately 25 % and an increase in payrolls of approximately 25 % , an additional burde n on industry of some $210 000 an..riually. PROVISIONS OF THE CODE The Cod proYides for a bas ic work week o f forty-eight ( 48) hours, and nine (9) hours per day and six (6) days per week, with over-time provision, which in itself is a tremendous contribution by industry in vie,v of tho exceedingly l onger hours ,,orked p viou ly. The propose l minimum hourly waoe rate ary from 27.5 to 37.5 cent with differ ntials established on the ba. i s of s iz e of city ai d region. The minimum weekly wage rate proposed for clerical mploy es is fifteen dollars ($15.00). The Code contains other hio-hly ben ficial labor clauw~. Under Arti le VI Admini tration, the ode pr ide f r a ode uthority f fiv ( 5) m mb er from t.he In
PAGE 5

27 I find that: (a) Said Code i s w ell de signed to promote the poli c ie s and purpos es of Title I of the National Ind u strial Recovery Act, including re moval of obstruction s to the free flow of interstate and foreign c om merce whi c h tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpos e of cooperative a ction among the trade g r ou p s, by inducing and maintaining united a ction of labor and m anage m ent under adequate Governmental sanc tions and s upervis ion , by eliminating unfair competitive practices, by promoting t h e fulle s t po s sible utilization of the present produc tive capacity of industries, by avoiding undue restriction of production ( except as may b e t e mporarily required), by increa sing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than 50, 0 0 0 e m ployees; and is not cla s sified by me as a major Industry. ( c) The Code as approved complies in all respe cts with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section ) 3 , Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant group of members of said industry is a group truly representative of the aforesaid Industry; and that said group imposes no inequitable restrictions on admission to membership therein. ( cl) The Code is not designed to and will not permit monopolies or monopolistic practices. ( e) The Code is not designed to and will not eliminate or oppress small enterprises and will not operate to dis criminate against them. ( f) Those engaged in other steps of the e c onomi c process have not been deprived of the right to be heard prior to approval of said Code. For these reasons, the Code has been approved. Res pectfully, AUGUST 8, 1934. HUGH s. JOHNSON, Admini,st r ator.

PAGE 6

CODE OF FAIR COMPETITION FOR THE REFRIGERATED WAREHOUSING INDUSTRY ARTICLE I-PURPOSES To effect the poEcies of Title I of the National Industrial Recov~ ery Act~ this C:ode is -established as a Code of Fair Competition for the Refrigerated Warehousing Industry., and its provisions shaU oo the st~ndards of fair -competition for su-ch Industry and he binding upon every 1n~1nb~.r thereof. ARTICLE II-DEFINITIONS SECTION 1. The term '" B,efrigerate.d "\Vareh-ousing Industry ' ' or "Industry" as used he-rein includes the furnishing, for a e-0.n.sideration, of warehousing services and/or storage for goods~ wares .and/or merchandise in any building or structure, or any part thereof, whieh. i s artificially cooled.-, ,ex-cejpt products which !lr~ governed by ,anothei approved code or codes . SECTION 2. The tern.1. "]VIernber of the Industry" or "M-ember ", as used heTein indud-es any indivi-du-al, partnership, .association., ,corporation or other form of enterprise engaged in the industry either as .an employ-er or ,on l1is or its own behalf . .SECTION 3. The teriln "employee" as used here.in includes any and aU persons n;ga , ged in the industry, however con1pensated~ . except a ,ffi1e.mber of the i!irdn.stiry. SECTION 4. The tenn "em.pl0yer" as used. herein includes anyone by whom s uch empl oyee i s compensated or employed. SECTION 5. The tenns "President", "Act", and "Administrator" as used hBrein m.ean respectively the President of the United States, Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. SECTION G. The term. " South " as u e
PAGE 7

29 SECTION 2. No person employed in clerical or office work shall be permitted to work in excess of forty ( 40) hours in any one week or nine (9) hours in any twenty-four (24) hour period. EXCEPTIONS .AS TO HOURS SECTION 3. The provisions of this Article shall not apply to persons engaged in a managerial or supervisory capacity who are paid thirty-five dollars ($35.00) or more per week. SECTION 4. Employees engaged in emergency work for the protection of life or property shall b e exempt from the maximum hours provjded in this Article, provided, however, that each such employee shall be paid time and one third times his normal rate of pay for all hours worked in excess of the maximum establi shed herein. STAND.ARD WEEK SECTION 5. No employee except those engaged in emergency work as defined in Section 4 of this Article shall be permitted to work more than six ( 6) days in any seven day period. EMPLOYMENT BY.) SEVERAL EMPLOYERS SECTION 6. No employer shall knowingly permit any employee to work for any time which, when added to the time spent at work for another employer or employers in this or any other Industry exceeds the maximum permitted herein. ARTICLE IV-WAGES MINIMUM WAGES SECTION 1. No employee, except as hereinafter provided, shall be paid less than at the rates set forth below : (a) Employees in places in the North having a population of 15,000 persons or more shall be paid not less than thirty-seven and one-half cents (37) per hour. (b) Employees in places in the North having a population of less than 15,000 persons shall be paid not less than thirty cents (30) per hour. ( c) Employees in the South shall be paid not less thaB twentyseven and one-half cents (27) per hour. SECTION 2. No office or clerical employee shall be paid less than at the rate of fifteen ($15.00) dollars per week. P.ART TIME COMPENSATION-MINIMUM WAGES SECTION 3. This article establishes minimum rates of pay which shall apply irrespective of whether an employee is actually compensated on a time rate, piece-work, or other basis. WAGES ABOVE MINIMUM SECTION 4. No employer shall make any reduction in the full time weekly earnings of any employee who s e normal full time weekly hours are reduced by 15 percent, or less, below those exi sting for

PAGE 8

30 the foui' weeks ending June 16; 1933. When the normal full time weekly hours of any employee are reduced by 1nore than said percent, the :full tim.e weekly wage of such employee shall not be reduced by more than one half of the percentage of hour reduction above said percent. In no event shall hourly rates of pay be reduced, irrespective of whether compensation is actually paid on an hourly, weekly, or other basis, nor shall any wages be at less than the minimum rates herein provided. "\iVithin thirty (30) days of the effective date hereof, (unless such adjustment has been made theretofore) each employer shall aidjust the schedu les of wages of his en1ployees in such an equitable manner ) as wili conform to the provisions hereinabove set forth. FEMALE :EMPLOYEES SECTION 5 . Female employees perfonning substantially the same Tvork us male employees shall receive the sam,e rate of pay as male employees. HANDICAPPED PERSONS SECTION 6. A person whose earning capacity is limited because of age or physical or mental handicap or other infirmities may be employed on light work at a wage below the 1nmiinum established by this Code if the employer obtains from the State authority designad by the United States Department of Labor a certificate authorizin g his employment at such wages and for such hours -us sha.ll be stated in the certificate. Each employer shall file monthly with the Code Authority a list of all such persons employed by him, showing the wages paid to, and the maximum hours of work for such employee. WAGE PAYMENTS SECTION 7. An employer shall make payrnent of all wages due at least .every two weeks and salaries at least monthly in lawful cur renc y or by negotiable d emand check. These wages and salaries shall be exempt from any charges, fines or deductions or payments f o r pensions, insurance or sick benefits other than those voluntarily paid by the wag e earner or r equired by law. No employer shall withhold wage s other than monies actually due employers or due on legal orde r. The employer or his agent shall accept no rebates din~ tly or indirectly o n such wages or sala.ries. UTICLE V • 1ECTI 1. OliiZ~ Z L abor.-No pers on under eighteen (1 8) years of ng shall b e e m ploy e d in th In lustry ex e1 t as office boy , offi e rrirls or rn :s 11ge r ~ . o per n und r i.-xt n (16) y ar f age s h all he employ cl in th' ncl u try in any npa ity. In any t:i.te any e m p l o . e r s h all 1
PAGE 9

31 SECTION 2 . (a) Proviswns f'rom the Act.-Employees shall have the r ight to organize and bargain collectively through representatives of their own choosing, and shall be free from interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representati es or in self organization or in o ther concerted activities for the purpo of collective bargaining o r other mutual aid or protection. (b) No employee and no one seeking employment shall be required as a condition of employm nt to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing, and ( c) Employers shall comply with the maximum hours of labor, minin1um rates of pay, and other conditions of employment ap-proved or prescribed by the President. SECTION 3. Evasion Through Sitbterfuge.-N o employer shall reclassify employees or duties of occupations performed or engage i n any other subterfuge so as to defeat the purposes or provisions of the Act or of this Code. SECTION 4. Standmrds for Safety and H ealth .-Every employer shall provide for the safety and health of employees during the hours and at the places of their emplbyment. Standards for safety and health shall be submitted by the Code Authority to the Administrator within six months after the effective date of the Code. SECTION 5 . State LCt!Ws.N o 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 o:f work, or as to safety, health, sanitary or general working conditions, or in urance, or fire protection, than are imposed by this Code. SECTION 6 . Po stilng . -All employers shall post and k ee p posted copies of this Code in conspicuous places accessible to all employees. Every member of the industry shall oomply with all rules and regulations relative to the posting of provisions of Codes of Fair Competition which may from tin1e to time be prescribed by the Administrator. SECTION 7. Disniissal of E1r1.,vloyees.-N o member of the Industry shall dismiss or demote any employee for making a complaint or giving evidence with re pect to an alleged violation of the proYisions of this Code . ARTICLE VI-ORGANIZATION, PowERS AND D uTrns OF THE CooE AUTHORITY ORGA.NIZA TIO~l" AND.CONSTITUTION SECTION 1. A Code Authority is hereby established consisting of five (5) members chosen by the industry through a fair method of selection approved by the Administrator. In addition to such industry membership, there may be three members, without vote, to be known as Administration membe r s, to be appointed by the Administrator to serve for such terms as he may specify. SECTION 2. Regions and Regional Sub-Code Authorities may be established from time to time by the Code Authority with the ao-proval of the Administrator. J.:

PAGE 10

32 Section 3. Each trade or industrial association directly or indirectly participating 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 of its articles of association, by-laws, regulations , and any amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. SECTION 4. In order that the Code Authority shall at all times be truly representative of the industry and in other respects comply with the provisions of the Act, the Administrator n1ay prescribe such hearings as he may deem proper; and thereafter if he shall find that the Code Authority is not truly representative or does not in other respects comply with the provisions of the Act, may require an appropriate modification of the Code Authority. SECTION 5. Nothing contained in this Code shall constitute the members of the Code Authority or Regional Sub-Code Authorities partners for any purpose. Nor shall any member of the Code Authority or Regional Sub-Code Authorities be liable in any manner to anyone for any act of any other 1nember, officer, agent or employee of the Code Authority or Regional Sub-Code Authority. Nor shall any member of the Code Authority or Regional Sub-Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, be liable to anyone for any act or omission to act under this . Code, except for his own wilful malfeasance or non-feasance. SECTION 6. If the Administrator shall at any time determine that rany action of a Code Authority or any agency thereof may be unfair ,or unjust or contrary to the public interest, the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by such Code Authority or agency pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty (30) days' notice to him of intention to proceed with such action in its original or modified form. POWERS AND DUTIES SECTION 7. Subject to such rules and regulations as may be issued by the Ad1ninistrator the Code Authority shall have the following powers and duties, in addition to those authorized by other provisions of this Code : (a) To insure the execution ~f the provisions of this Code and to provide for the compliance of the industry with the provision of the Act. (b) To adopt by-laws and rules and regulations for its procedur . ( c) To obtain from members of the industry such inforrn .atioIJ.. and reports a s are r quired for the admini tration of the Cod . In addition to inf rmation required to be ubmitte l to the Coae Authority m emb r s of the industry shall furni h such tati tical ini rmation a s th Administrator may d m n ary f r th purp recited in ection 3 (a) of the Act to su h Federal and tat ag n i s

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33 as he may designate; provided that nothing in this Code shall relieve any member of the industry of any existing obligations to furnish reports to any Government agency. No individual report shall be disclosed by the Code Authority to any other member of the Industry or any other party except to suc h other Governmental agenc ies as may be directed by the Administrator. (d) To use such trade associations and other agencies as it d eem s p1.oper for the carrying out of any of its activities provided for herein, provided that nothing h erei n shall relieve the Code Authority of its duties or responsibilities under this Code and that such trade associations and agencies shall at all times be s ubject to and comply with the provisions hereof. ( e) To 1nake recommendations to the Administrator for the co ordin.ation of the administration of this Code with such other codes , if any, as may be related to or affect members of the industry. (f) 1. It being found necessary in order to support the administration of this code and to maintain the standards o f fair competition established hereunder and to effectuate the policy of the Act, the Code Authority is authorized : (a) To incur such reasonable obliaations us are necessary and proper for the foregoing purposes, and to meet such obligations out of funds which ma. y be r ai1ed as hereinafte r provided and which shall be held in trus t for the purposes of the Code; (b) To submit to the Administrator for his approval, subject to such notice and opportunity to be heard as he may deem nec essary ~1) an itemized budR e t of its _ estimate~ ex penses ~or the foregoing purposes, and (2 J an equitable basis up0n which the funds necessary to support such budget shall be contributed by members oi the industry-; ( c) P....iter such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth b y all members of the industry, and to that end, if n e cessary, to institute legal pro ceedings therefor in its own name. 2. Each men1ber of the industry shall pay his or its equitable contribution to the expenses o _ f the maintenance of the Code Authority, determined as h e reinabove provided, and subject to rules and regulations pertaining thereto issued by the Administrator. O nly members of the industry complying with the code and contributing to the expenses of its administration as hereinu bo v e provided, shall be entitled to participate in the selection of members of the Code Authority or to rec eive the benefits of any of its voluntary activities or to make use of any emblem or insignia of the National Recov-ery Administration. 3. The Code Authority shall neither incur nor pa, y any obligation substantially in excess of the amount thereof as estimated in i ts approved budget, and shall in no event exceed the total amount con taiiied in the approved budget, excpt upon apprOi al of the Administrator; and no subsequent budget shall contain any deficiency itein for expenditures in excess of prior budget estimates except those which the Administrator shall have so approved.

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34 (g) To recommend to the Administrator any action or measures de emed advjsable, including further fair trade practice provisions to govern members of the industry in their relations with each other or with other industri es; measures for industrial planning, and stabilization of employment; and including modifi c ations of this Code which shall become effective as part hereof upon approval by the Administrator after suc h notice and hearing as he may s pecify. (h) To appoint a Trade Practice Committee whic h shall meet with the Trade Practice Corrunittees appointed nnder s uch other codes as m ay be r elated t o the industry for the -purpose of formulating f air trade practices to govern the relationships between employers unde r this code and unde r s u c h other codes to the end that such fair trade practices may be proposed to the Administrator as amendments to this code and such other codes. ARTICLE VII-FILING OF SCHEDULES OR T ARIF.FS SECTION 1. Each m ember of the Industry shall file with a confidential and disinterested agent of the Code Authority, or if none, then with s u c h agent designated by the Administrator, identified tariffs or sc hedule s of all of his rates and all other terms or charges, hereinafter in this article r eferred to as " rates " , which tariffs or schedules shall completely and accurately conform to and represent the individual rates and charges of said member. Said rates shall in the fir s t ins tance be filed within thirty (30) days after the date of approval of this Code. Rates and revision s thereof shall become effective i1runediately upon receipt thereof by said agent. Immedia.tely upon receipt thereof, said agent shall by telegraph or other equally prompt means notify said memb e r of the time of such receipt. Such tariffs or sc hedule s and revision s thereof together with the effect iv e time thereof, shall upon receipt be immediately and simul taneously distributed to all m em b ers of the industry and to all of their c u stome r s who have applied therefor and have offered to defr;1y the cost actually incurred by the Code Authority in the preparation and distribution thereof and be available for inspection by any of their custome r s at the office of such agent. S aid tariffs or schedules and revisions thereof or any part thereof shall not b e made available to any person until r e lea sed to m embers of the industry and their cu s tomers, as afo resaid ; provide d , that rates fil e d j n the fir s t instance shall not be released until the expiration of the aforesaid thirty-day per_iod _after the approval of this Code. The Code_ Authority shall mamtam a perman ent file of all rates fil e d as h e r ein provided, and shall not destroy any part of s u c h r ecords exc pt upon written consent of the Admini trator. Upon request the Code Authority hall furnjsh to the Adm:inistrator or any duly designated aa nt of the Administrator copies of any suc h tariffs or sched ul s ~revi ion s of rates. (a) All , u c h tariffs or s chedu les publi he l by ea h member f the In lustry . hall plainly s how the rat s an l haraes for ea h of the f 11 wing . parate and di stin t war h on ing r;i e and any rn mb r of the J ndu. try who . hall fail to publi s h and harg a s l arnt r a t o r rha1 g for a c b of th se : rvi e . :hall hr cl m cl o-uilty an unfair t r acl and in iolation of thi ocl .

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35 Handling Repacking Storing Service outside of usual business Insuring hours R ecoopering Making collections or loans on Weighing request of customers Extra Sorting Extra labor or service and speB onded Warehouse Service cial clerical work. ( b ) All tariffs or schedules of rates shall definitely state whether the rates quoted are applicabl e to carload or l ess-than-carload quant ities . There shall be no discounts for quantity in excess of the customarily accepted carload unit quantity. SECTION 2. When any member of the industry has filed a revise d tariff or schedule, such n1embcr shall not file a higher rate within forty-eight ( 48) hours. SECTION 3. No member of the industry shall off er to perform any services of the industry, at rates or charges other than those set forth in his published tariff or schedule or rates. SECTION 4 . No member of the Industry shall enter into any agreement, understandino-, combination or conspiracy to fix or maintain r ates, nor cause or attempt to cause any member of the industry to change his rates by the use of intjmidation, coercion, or any other influen ce inconsi stent with the maintenance of the free and op.en market which it is the purpose of this Article to cTeate. ARTICLE VIII-CAPACITY CONTROL I Based on conditions in this Industry and in this period of emer gency and to effectuate the operation, provisions and policy of the National Industrial Recovery A ct, the following regulations are establi shed : SECTION 1 . No person engaged in thi industry or for the purpose of engaging in this industry shall purchase, construct, l ea~e or otherwise obtain or us e storage capacity not owned, l eased or otherwise held by such p e rson prior to the effective date of this Co de, e:s:cept by applying to the Administrator through the Code Authority and ob taining permiss ion of the Administrator upon his finding that the granting of such permission is consistent with and tends to effectuate the policy of the National Industrial Recovery Act; but nothing contained herein shall fie construed to prevent the replacement by a member of this industry of storage capacity of equal capacity existing on the effective date of this Code or the transfer of storage capacity from one memb e r to another person provided same was in use prior to the effective elate of this Code, and provided further that such transfer does not have the effect of creating additional storage capacity within the Industry. SECTION 2 . The provisions of this Article shall ceaw to be eff ec ti ve on the expiration of six months from the effective date of this Code, pTovided, however, that prior to that ti1ne the Code Authority may submit to the Ad1ninistrator its recon1rnendation that said period be extended bused on such information as may be required and if the Administrator finds upon such information and facts that a further extension of this period is consistent with and tends fur-

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36 ther to effectuate the policy of the National Industrial Recovery Act, he may declare the provisions of this Article to be operative :for such longer period and under such conditions as he may find necessary further to effectuate the policy last herein mentioned. ARTICLE IX-COSTS AND PRICE CUTTING SECTION 1. The standards of fair competition for the industry with reference to the charging of rates are declared to be as follows: (a) Wilfully destructive rate cutting is an unfair method of competition and is forbidden. Any member of the industry or any other i~dustry or the customers of either may at any time complain to the Code Authority tha.t any filed rates constitute unfair competition as destructive rate cutting, imperiling sm.all enterprise or tending toward monopoly or the impairment of code wages and ~or king conditions. The Code Authority shall within five ( 5) days a:ff ord an opportunity to the 1nember filing such rate to answer such complaint and shall within fourteen (14) days make a ruling or adjustment thereon. If such ruling is not con.curred in by either party to the complaint, all papers shall be referred to the Research and Planning Division of NRA which shall render a report and recommendation thereon to the Administrator. (b) When no declared emergency exi,sts as to destructive rate cutting there is to be no fixed minimum basis for rates. It is intended that sound cost estimating methods should be used and that consideration should be given to costs in the determination of rates. ( c) vVhen an emergency exists a.s to any destructive rate cutting charges below the stated minimum rate of such service, in violation of Section 2 hereof, is forbidden. SECTION 2. Emergency Provis?;01'1.S.-( a) If the Administrator, after investigation shall at any time find both (1) that an emergency has arisen within the industry adversely affecting small enterprises or wages or labor conditions or tending toward monopoly or other acute conditions which tend to defeat the purposes of the Act; and (2) that the determination of the stated minimum rate for a specified service within the industry for a limit~d period is necessary to mitigate the condition.s constituting such emergency and to effectuate the purposes of the Act, the Code Authority may cause an impartial agency to investigate costs and to :recommend to the Administrator a determination of the stated minimum rate o . f the services affected by the emergency and thereupon the Administrator may proceed to dete:r1nine such stated minimun1 rate. (b) When the Administrator shall have determined such stated minimum rate for a specified .serv ice for , a stated period, which rate shall be :reasonably calculated to mitjgate the conditions of su h emergency and to effectuat the purposes of the National Indu trial R overy Act, he shall publi h such rat . Ther after, durino-u h stat l period, no member f the industry hall harg for u h spe ified ervi at a n t r aliz d rate below aid tated minimum rate and any such harge . hall b 1c me l d tru tiv rat uttino-. Fr m 6m to t,jm the ' d Anth rity may r omm nl r vi w or r onsid rati n , r th A lmini trat.or may au . any l e rminations h r nnd r to l r vi ,v I r re n icl r 1 and apr r priate a tion taken.

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37 SECTION 3. Cost Finding.-The Code Authority shall cause to be formulated methods of cost finding and a,c,counting capable of use by all members of the industry, and ,shall submit such methods to the Administrator for review. Lf approved by the Administrator, full information concerning such mthods shall be made available to all members of the industry. Thereafter, each member of the industry shall utilize such methods to the extent . foru1d practicable. Nothing herein contained shall be construed to permit the Code Authority, any agent thereof, or any 1nember of the industry to suggest uniforn1 addition.s, percentages or differentials or other uniform iteins of cost which are designed to bring about arbitrary uniformity of costs or rates. ARTICLE X-TR.illE PRACTIC E RULES SECTION 1. No member of the industry shall directly offer or make any payment or allowance or a r ebate, refund, commission, credit, unearned discount or excess allowance, whether in the form of money or otherwise; nor shall a member of the industry off er or extend to any customer any special service or privilege not extended to all -customers of the same class. SECTION 2. No m em ber of the ind'ustry shall knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. SECTION 3. No member of th~ industry shall publish advertisi..."1.g, whether printed, radio, di sp lay, or of any other nature, which is mis leading or inaccurate in any material particular; nor shall any mem ber in any way misrepresent any credit terms, values, policies, serv ices, or the nature or volume of the business conducted. SECTION 4. No member of the industry shall give, permit to be given, or offer to give, anything of value for the purpose of influenc ing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of suc h employee, the principal of such r.,gent o r the represented party, without the knowledg e of s uch employer, principal or party. This provision shall not be construed to prohibit :free and genera l distribut i on of articles commonly u sed for advertising except so far as such article s are actually used for commercial bribery as hereinab o ve defined. SECTION 5. No member of the industry shall fail to bill and make paya.bl e monthly, the monthly storage charges, interes t, insurance and all other charges for services, irres pectiv e of whether the mer chandise has been removed from the warehouse or remains in storage. SECTION 6. No m~mb er of the industry shall describe the refrigerated warehousing bu siness , the method used, facilitie s furnished or services rendered, or quote rates or charges, or state terms or ~onditions, in a manner that i s misrepresentative or that h as a tendency or capacity to deceive customers or pros p e ctive customers u,s to the true character thereof in any particular. SECTION 7. No m embe r of the industry shall offer or malre confi dential or secret rates, charges, terms or conditions, or off er or make in any manner or by any device whatever, more a.dvantageous rates, charges, terms or conditions, to certain favon~d customers or prospective customers tha1 1 in accordance with such member's filed tariff or schedule.

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38 1111111111~11l1~1m11\1'1lll11 i 1111111 \II 1[1i ij1i1111111111 3 1262 08582 827 4 SECTION 8. No member of the industry shall defame competitors by falsely jmputing to them dishonorable conduct, inability to p~rform contracts, questionable credit standing, or by other false representations or by the false disparagement of the grade or quality of their service. SECTION 9. No member of the industry shall issue fraudulently, or aid in fraudulently i ssuing, a warehouse receipt for stored products which contains any false statement or which omits any pertinent information or facts relating to the ownership and/or to the merchandise de.scribed. SECTION 10. No member of the Industry shall use any subterfuge to evade any provis ions of this Code, such as (but without limitation) renting or offering to rent warehouse space under such terms or conditions as would defeat the purposes of this Code. \ ARTICLE XI-MODIFICATION SECTION 1. This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the Act, from time to time to cancel or modify any order, approval, license, rule or regulation issued under Title I of said Act. SECTION 2. Such of the provisions of this Code as are not required to be included herein by the Act may, with the approval of the Administrator, be modified or eliminated in such manner as may be indicated by the needs of the public, by changes in circumstances, or by experience. All the provisions of this Code, unless so modified or eliminated, shall remain in effect until June 16, 1935. ARTICLE XII-MONOPOLIES., ETC. No provision of this Code shall be so applied as to pern1it monopolies or monopolistic practices, or to eliminate, oppress or discrimi nate against small enterprises. ARTICLE XIII-SUPPLEMENTAL CoDES The Code Authority may at any time submit and accept on behalf or the Industry supplemental codes for any branch of this industry .or any rela t e d industry. ARTICLE XIV-PRICE INCREASES' \ Whereas the policy of the Act to increase real purchasing power will be made more difficult of consummation if prices of goods and services inc r ease as rapidly a s wages, it is recognized that price jncreases except such as may be required to n1eet individual cost should be delayed, and when made u ch increa es should, so far as possibl e, be limited to actual additional increases in the sell r's co. t s . ARTICLE XV-EFFE TIVE DATE Thi. ocl shall b romc ff tiv on the s ond Monday after its approval b y th Pr silent. ApprovN1 <'oc1 • o. tl f) !). H<'g i stry 'o. 171:,-15. 0