Citation
Code of fair competition for the refractories industry

Material Information

Title:
Code of fair competition for the refractories industry as approved on April 28, 1934
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
5 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Refractories industry -- Law and legislation -- United States ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
"Approved Code no. 168-Amendment No.1".
General Note:
"Registry no. 1034-1-01".

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:
609577064 ( OCLC )
ocn609577064

Downloads

This item has the following downloads:


Full Text
UNIVERSITY OF FLORIDA

u11ii IIuii111I1II 111111111111 i1ut li 1111tu1 ii i nitu11tt11l
3 1262 08482 9687
Approved Code No. 168-Amendment No. I


Registry No. 1034-1-01


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION

FOR THE


REFRACTORIES INDUSTRY


AS APPROVED ON APRIL 28, 1934


WE DO OUR PAR?


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


II e by the Superintendent or Documents W D. Price cents
For sale by the Superintendent or Documents. Washington, D.C. - Price 5 cents

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Buibling.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Ch('l)amr of Commerce Building.
Chirleton, S.C.: Chamber of C0mmerce 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 Commet':e Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angris-, Calif.: 1163 South Brondwny.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custnmnihouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 168-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE
REFRACTORIES INDUSTRY

As Approved on April 28, 1934


ORDER
APPROVING AMENDMENTS TO CODE OF FAIR COMPETITION FOR THE
REFRACTORIES 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 amendments
to the Code of Fair Competition for the Refractories Industry, and
hearings having been duly held thereon and the annexed report on
said amendments, containing findings with respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate, by reference, said an-
nexed report and do find that said amendments and the Code as
constituted after being amended comply 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 amendments
be and they are hereby approved, and that the previous approval of
said Code is hereby modified to include an approval of said Code in
its entirety as amended.
HUGH S. JOHNSON,
Administrator foi Industrial Recovery.
Approval recommended:
A. R. GLANCY,
Division A dinistrator,
WASHINGTON, D. C,,
April 28, 1934.
558160-482-182-- 34 t)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
Smi: This is a report on the Proposed Amendments to the Code
of Fair Competition for the Refractories Industry, as revised after
a Public Hearing conducted in Washington on April 9, 1034, in
accordance with Article XI, Section 4 of said Code as approved.on
December 18, 1933.
The Amendments to Section B, Article IV provide that coinmmon
labor shall not be employed more than an average, of 36 hours per
week in any 30 day period instead] of the 40 hours per week specifiedd
in the approved Code.
Section C of Article IV of the approved Code has been modified
to provide an increase of 10'- in the minimum wages for the various
di.t icts ;-pecifivd and further provides for an equitable adjiustmelnt
(if wvige rates for occupations other than thosv receiving the mini-
mum wage rates specified and less than $35.00 per week (except that
in the case of those members of the Indulstry who as of March 1,
1094 were paying higher than the nminiliiIInU wages specified in the
Code these rate- shall at least. maintain the difference in hourly and
piece work rates for those ociupations exiting as of March 1, 1934).
This does not, however, apply to clerical and office worker.-, nor to
suimperviiory or techniii'l employees who may not exceed 101% of
the total n1111114lr of employees.
FINDINGS
The Acting Deputy Admniii-trLator in his finli report to me on
said Amendieint.s to said Code having found as herein set forth and
on the ba.iis of all the proceedings in this matter:
I find that:
(a) The Amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obltlrucctons to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by promoting the organization of industry for
the purpose of cooperative action among trade groups, by inducing
and maintaining united action of labor and management under
adequate governmental sanction and .supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of the present productive capacity of industries, by avoiding
undue restriction of production (except. as may be temporarily
required), by increasing the consumption of industrial and agri-
cultural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(2)









(b) The Code as amended complies in all respects with the perti-
nent provisions. of said Title of said Act, including without limitation
Subsection (a) of Sucltion 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof.
(c) The American Refractories Institute was and is an industrial
association truly representative of the aforesaid Inidu.-try and that
said Institute imposed and imposes no inequitable restrictions on
admission to membership therein and has applied for or consents
to these Amendments.
(d) The Amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Amendments.
For these reasons, these Amendments have been approved by me.
Respectfully,
HuGH S. JOHnSON,
Ad ministrator.
APRIL 28, 1934.














AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE REFRACTORIES INDUSTRY

PURPOSE

Pursuant, to Article XI, Section 4, of the Code of Fair Competition
for the Refractories Industry, duly approved by the President on
December 18, 1933, and further to effectuate the policies of Title I
of the National Industrial Recovery Act, the following amendments
are established as a part of said Code of Fair Competition and shall
be binding upon every member of the Refractories Industry.

ARTICLE IV-HouRS OF LABOR, RATES OF PAY, AND OTHER CONDITIONS
OF EMPLOYMENT
SECTION B. Hours of Labor.-Second paragraph amended to read
as follows:
No employer in the Industry shall cause or permit any employee
engaged in common labor at minimum wage rates to work at an
average of more than thirty-six (36) hours per week in any thirty
(30) day period, nor cause or permit any other employee in the
Industry to work at an average of more than forty (40) hours per
week in any thirty (30) day period, nor either class of labor more
than eight (8) hours in any one (1) day."
Seventh paragraph amended to read as follows:
"Nor shall these maximum hours of labor apply to the following:
1. Employees whose labor requires their presence prior to or
after the regular hours of operations.
"2. Employees engaged in count inuous processes.
"3. Employees engaged in work where limitation of hours of
work per day may operate unfairly against the employee or may
limit production and thereby deprive other employees of labor."
Eighth paragraph amended to read as follows:
"Those employees enumerated in items one to three, inclusive, of
the preceding paragraph shall be limited to an average week of
forty-eight (48) hours in any thirty (30) day period, and their num-
ber shall not exceed 10% of the total employees in any operating
individual plant."
Add as a new final paragraph the following:
In the case of those members of the Fire Clay Producers Divi-
sion, operating open pit mines or quarries, in order to take care of
the irregularity of employment due to inclement weather, all condi-
tions of this Section B shall apply except that employees engaged in
such open pit mines or quarries shall not be limited to a maximum
day of eight (8) hours."









SECTION C. Vages.-First paragraph a meridd by striking out the
rates per hour shown therein and substituting in lieu thereof the
rates shown below:
Cents
District No. 1: Maryland, New Jersey, Nu-v York, and New Enhland
States, and Pennsylvania with the exception of Pittsburgh and Salina_ 38
District No. 2: Pittsburgh and Salina, Pa. and Niles, Ohio -------------- 44
District No. 3: West Virginia, Ohio, and Kentucky, with exception of
Niles, Cincinnati, and Portsmouth, Ohio, and Ashland and Louisville,
Ky -------------------------------- 35%
District No. 4: Cities of Cincinnati and Portsmouth, Ohio, and Ashland
and Louisville, Ky---------------------------------------------- 381/
District No. 5: Alabama, Georgia, Tennessee, South Carolina, North Caro-
lina, Florida, Louisiana, and Mississippi --- -------27%
District No. 6: East Chicago, Indiana, and Joliet, Illinois -------------- 41
District No. 7: Indiana and Illinois, except the cities of East C]iial'--,
Indiana and Joliet, III_------------------- 38%1/
District No. 8: Missouri District, other than St. Louis and St. Louis
County----------------------------------- 35
St. Louis and St. Louis County ---------------38
District No. 9: Texas and Arkansas -------------------------------- 27%
District No. 10: Colorado, Utah, Montana and Wyoming ---------------
District No. 11: California, Wa;hbinict n and Idaho --------------- 38
Any other places not specifically covered---------------------------- 38
Seventh paragraph amended to read as follows:
"Wage rates for occupations other than those receiving a mini-
mum wage herein described and less than $35.00 per week shall at
least maintain the difference in hourly and pivce work rates for those
occupations existing as of June 1, 1933, and in every case such rates
shall be increase by an amount not less than 10% of the minimum
base rates in effect March 1, 1934, (except in the case of those mem-
bers of the Industry who as of March 1,, 1934, were paying higher
than the minimum code wages, such rates shall at least maintain the
difference in hourly and piece work rates for those occupations ex-
isting as of March 1, 1934). This shall not apply to clerical and
office workers, nor to supervisory or technical workers, such super-
visory or technical employees not to exceed 10% of the total."

EFFECTIVE DATE

These' Amendments shall become effective on May 1, 1934.
Approved Code No. 168. Amendment No. 1.
Registry No. 1034-1-01.







Full Text

PAGE 1

lllii\111 \lli illllllllll 3 1262 08482 9687 Approved Code No. 168-Amendment No. 1 Registry No. 1034-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE REFRACTORIES INDUSTRY u AS APPROVED ON APRIL 28, 1934 WE DO OUR PAftt UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 193. For sale by the Superintendent of Documents, Washington, D.C. --------Price 5 cents v

PAGE 2

This publication is for sale by the Superintendent of D o cuments, Government Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEP ARTM:ENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. Boston, 1\Iass. : 1801 Cu tomhou e . Buffalo, N .Y.: Chamber of Commerce Building. Charleston, S.C . : Chamber of omme rc e Building. Chicago, Ill.: Suit 1706, 20 1 North Wells Street. Cleve land, Ohio: Ohamber of Commerce. Dallas, T ex. : Chamber o f Commerce Building. Detroit, Mich. : 801 Fir t National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. Jack. onville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 102 8 Baltimore Avenue. Los Ange l es, alif.: 1163 South Broadwa y. Louisville, Ky. : 40 Federal Building. Memphis, Tenn.: 229 Fed ral Building. Minneapolis, Minn. : 213 Federal Building. N ew Orleans, La.: Room 225-A, Customhouse. N e w York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philade lphia, Pa.: 422 Comme r cial Trus t Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg . : 215 New Po t Office Building. St. Louis, l\lo.: 506 Olive Street. San Francisco, Calif. : 31.0 Customhou e. Seattle, Wash. : 809 Federal Office Building.

PAGE 3

Approved Code No. 168-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE REFRACTORIES INDUSTRY As Approved on April 28, 1934 ORDER APPROVING AMENDMENTs TO CoDE oF FAIR CoMPETITION FOR THE REFRACTORIES 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 amendments to the Code of Fair Competition for the Refractories Industry, and hearings having been duly held thereon and the annexed report on said amendments, 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 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 an nexed report and do find that said amendments and the Code as constituted after being amended comply 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 amendments be and they are hereby approved, and that the previous approval of said Code is hereby modified to include an approval of said Code in its entirety as amended. HuGH S. JoliNSON, Adm1Jnis, trator for, Reco11ery. Approval recommended: A. R. GLANCY, Division Ad1ninutrator, WASHINGTON, D. c . . , April 28, 1934. 55816----482-182----34 (1)

PAGE 4

REPORT TO TI-lE PRESIDENT The PRESIDENT, The W kite House. Sm: This is a report on the Proposed Amendments to the Code of Fair Competition for the Refractories Industry, as revised after a Public Hearing conducted in \Vashington on April 9, 1934, in accordance with Article XI, Section 4 of said Code as approved on D ecember 18, 1933. The Amendments to Section B, Article IV provide that common labo r s h all not be employed more than an average of 36 hours per we e k in any 30 day -period instead of the 40 hours per week s p ecified in the approved Code. Section C of Article IV of the approYed Code has been modified to provide an increase of 1 0% in the minimum wages for the Yariou districts s pecified and further provides for an equitable adjustment of wage rates for occupations other than those receiving the minimum wage rates specified and l ess than $35 .00 per week (except that in the case of those members of t he Industry who as of March 1, 1934 were paying higher than the minimum wages spec ifi ed in th Code these rates shall at least maintain the difference in hourly and piece work rates for those occupations existing as of l\1arch 1 , 1934). This does not, h owever, apply to clerical and office workers, nor to superl i sory o r technical employees IYho may not exceed 10% of the total number of employees. FINDING The Acting D eputy Administrator in his final report to me on said Amendments to said Code having found as herein se t forth and on the basis of all the proceedin!!s in this matter: I find that: (a) The Amendments to said Code and the Code as amended are well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act including the removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof, and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among trade groups, by inducing and maintaining united action of labor and managem-ent under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fulles t possible utjlization of the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (2)

PAGE 5

3 (b) The Code as amended complie s in all re s pect s with the pertinent proYi ion of said Title of said Act, in hiding without limi.t.ation Subsect ion (a) of Section 3, Subse tion (a) of Section 7 and Sub oction (b) of S ction 10 thereof. (c) The American Refractories Institute was an l i s an indu trial a ociation truly r presentative of the afores ai l Industry and that aid Institute impo. eel and impo es no inequitable re strictions on admi sion to member hip therein and has applied for or consents to the e Amendments. (d) The Amendmtmts and the Code as amended are not designed to and will not permit monopolie or monopolistic practice!?. (e) The Amendments and the Code as amended are not designed to and will not eliminate or oppress small enterprises and will not operatp to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Amendments. For the e reasons, these Amendments have been approved by me. Respectfully, APRIL 28, 1934. I-I UGH S. JOHNSON, Ad1nini8trator.

PAGE 6

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE REFRACTORIES INDUSTRY PURPOSE . . to Article XI, Section 4, of the Code of Fair Competition for the Refractories Industry, duly approved by the President on :becember 18, 1933, and further to effectuate the policie s of Title I of the N ationa..I Industrial R ecovery Act, the following amendments as a part of said Code of Fair Competition and shall he binding upon every member of the Refractories Industry. ARTICLE IV-HoURs oF LABOR, RATES OF PAY, AND OTHER CoNDITIONS OF EMPLOYMENT SECTION B. Hours of Labo r.-Second paragraph amended to read as follows: "No employer in the Industry sh. all a use or permit any employee engaged in common labor at minimum wage rates to work at an average of more than thirty-six (36) hours per week in any thirty (30) day period, nor cause or permit any other e mployee in the Industry to work at an average of more than forty ( 40) hours per week in any thirty (30) day period, nor either class of labor more than eight (8) hours in any one (1) day.'" Seventh paragraph amended to read as follows: " Nor shall these n1ax.lmum hours of labor apply to the following: " 1. Employees whose labor requires their presence prior to or after the regular hours of operations. "2. Employees engaged in continuous processes. "3. Employees engaged in work where limitation of hours of work per day may operate unfairly against the employee or may limit production and thereby deprive other employees of labor." Eighth paragraph amended to read as follows: "Those employees enumerated in items one to three, inclusive, of the preceding paragraph shall be limited to an average week of forty-eight ( 48) hours 1n any thirty (30) day period, and their number shall not excee d 10 % of the total employees in any operating individual plant." Add as a new final paragraph the following: "In the case of those members of the Fire Clay Producers Division, operating open pit mines or quarries, in order to take care of the irregularity of employment due to inclement weather, all conditions of this Section B shall apply except that employees engaged in such open pit mines or quarries shall not be limited to a maximum day of eight (8) hours." (4)

PAGE 7

5 SECTION C. W ag e s .-Fir t paragraph a m ende l b y s trikin g out t h e rates per hour shown the r ein an l subr titutin g in lie u the r eo f the rates shown below : Cents District No . 1: Maryland, N e w J e rsey , Tew York , and New Eng l and State s, and PennsylYania with the e xcepti o n of Pittsburg h and Salina__ 3 liz District No. 2: Pittsburg h and S alina , Pa. and Nile s, Ohio ____ _ ______ ___ 44 District No. 3: W est Virginia, Ohio , and K entucky, with e x ception o f Niles, Cincinnati, and P ortsmouth, Ohio, and A bland and L ouis ;-ill e, 3 5 l h District No . 4: Cities of Cincinnati and Ports m o u t h, Ohio , and A shland and Louisville , Ky______ _______________ _______________ ______________ 38 District No. 5: Alabama, Georgia , T ennes see, South Car olina, North Carolina, Florida, Louisiana, and Missi ssipp i__ ____ _ ____ _ ____ _ _ ______ ____ 271h District No. 6: Eas t Chicago, Indiana , and J o liet, Illinoi s _________ _ ____ 41 District No. 7: Indiana and Illino i , except the cities of E a. t Chic a go , Indiana and Joliet, IlL_ ____________ _____ ___________ ______ ________ __ 381 h District No. 8 : Missomi Distric t, other than St. Louis and St. L ouis County_________ ________ _ _ _ ________ _ _________________ _ ________ _ _ ___ 35.1h St. Louis and St. L ouis County------------------------------3 81/z District No. 9: T exas and Arkan a s__________ _______ _________ _ _______ 27l!z District No. 10: Colorado, Utah, M ontana and wyoming _______________ 3 8 1 h District N o . 11: California, Washington and Ida h o ___ _ ______ _ _ _______ _ 381h Any other places not s p e cifi cally cov e r e d_ _______________ __ ____________ 3 8lh Seventh paragraph amende d to rea d a s follows : "Wage rates :for occupations othe r than those r eceiving a minimum wage herein d e s cribe d and le ss than $3 5 .00 per we e k s h all at least 1naintain the diff erence in hourly and pie c e work rates for thos e occupations existing as of June 1, 1933, and in every c a se s u c h r a t e s shall be increased b y an am . ount not le ss than 10 % of the minimum base rates in effe c t March 1, 1 934, ( except in the ca s e of those m e mbers of the Industry who a s of :March 1, 1934, were paying highe r than the minimum code vyage s , such rate s shall at lea s t maintain the difference in hourly and piece work rates for those o ccupations existing as of March 1, 1934). This shall not apply to cl erical and office workers , nor to supervisory or technical "\Yorl e r s , such supervisory or technical employe es not to exceed 10 % of the total." EFFECTIVE DATE These Amendments shall become effecti v e on May 1, 1934. Approved Code N o . 168. Amendment No. 1. Registry No. 1034-1-01. 0


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 E3XQC7QEW_YT2XFE INGEST_TIME 2012-04-02T12:40:29Z PACKAGE AA00009882_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC
FILES