Citation
Code of fair competition for the wet mop manufacturing industry as approved on January 23, 1934

Material Information

Title:
Code of fair competition for the wet mop manufacturing industry as approved on January 23, 1934
Portion of title:
Wet mop manufacturing 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. 425-434 : ; 24 cm.

Subjects

Subjects / Keywords:
Mops and mopsticks -- United States ( lcsh )
Cleaning -- Equipment and supplies ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1609-08."
General Note:
"Approved Code No. 227."

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:
650495450 ( OCLC )
ocn650495450

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Full Text

INDUSTRY

AS APPROVED ON JANUARY 23, 1934


EMRA
1". EBlE


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


Ir
For sale by the Superintendent of Documents, Washington, D.C. .-. Price 5 centa


Registry No. 1609-08


Approved Code No. 227


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

WET MOP MANUFACTURING





















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 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 Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 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 Customhouse.
Seattle, Wash.: 800 Federal Office Building.











Approved Code No. 227


CODE OF FAIR COMPETITION
FOR THE
WET MOP MANUFACTURING INDUSTRY
As Approved on January 23, 1934





ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
WET MOP MANUFACTURING INDUSTRY
An application having been duly made pursuant, to and in full com-
pliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Wet Mop Manufacturing Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been made
and directed to the President:
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 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 Act; and do hereby order that said Code of Fair Competition
be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval Recommended:
A. D. WHITESIDE,
Division Administrator.
WASHINGTON, D.C.,
January 23, 1934.


353690--313-114-34


(425)












The PRESIDENT,
The TIWhe House.
INTRODUCTION

SIR: This is a report on the Hearing on the Code of Fair Com-
petition for the Wet Mop Manufacturing Industry, submitted by the
Wet Mop Manufacturers Association.
The Hearing was conducted in Washington on November 22, 1933.
Every person who filed requests for Hearing was freely heard in
public and all statutory and regulatory requirements were complied
with.
Attached herewith is a copy of the Code which was presented by
duly qualified and authorized representatives of the Industry, com-
plying with the statutory requirements as representing 45.5 percent
of the total number of producers in the Industry and 75 percent of
the volume.
EVIDENCE SUBMITTED

Evidence presented showed a total of thirty-four concerns em-
ploying, in the first quarter of 1933, a total of 381 employees, while
after the passage of the National Industrial Recovery Act and as a
result of the President's Reemployment Agreement, employment
jumped to 533 employees for the industry.
It was brought out that all members of the Industry had not only
been invited to join the Association but all had been urged repeatedly
to take their proper part in the formulation of the proposed Code.
Notices were mailed to every known concern which was conceivably
engaged in Wet Mop Manufacture. Likewise, every conceivably
known manufacturer of wet mops was notified of the Public Hearing
on this Code.
RESUME OF PROVISIONS

The minimum wages established in this code of $13.00 per week
for the Northern section of the country and $12.00 for the Southern
section are identical with those established in the Code for the Cotton
Textile Industry. Because of the fact that a number of wet mop
manufacturers spin their own yarn, it is clearly evident that the
labor conditions are substantially the same.
One Southern manufacturer protested against the proposed mini-
mum wage established in the Code, in a statement that many of his
employees are so-called marginal' producers or substandard workers.
This statement was that such substandard employees could not
produce either the quality or the quantity of material as that pro-
duced by his competitors and that he, therefore, desired a lower
minimum wage.
(426)





427


In the belief that there is ample productive machinery within the
industry to produce all of the requirements in two shifts for forty
hours each per week, there is a provision in this code limiting the
operation of productive machinery to the above-stated hours per
week, which is similar to that established for the Cotton Textile
Industry.
It was further pointed out that there is certain competition in this
Industry from the institutions for the blind. In view of the fact
that there is a definite feeling among these institutions that they wish
to be a part and parcel of the National movement for the betterment
of the Industry, an amendment was added calling for cooperation
between the Code Authority for the Wet Mop Manufacturing Indus-
try and a committee established to represent the institutions for the
blind. The committee to be made up as follows:
Chairman of the Code Committee of the American Associa-
tion of Workers for the Blind.
President of this Association, or his representative.
A representative from the American Foundation for the
Blind.
The minimum wage and maximum hour provisions of the Code are
not to apply to institutions for the blind which comply with the
rules and regulations of the above committee.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, includ-
ing removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural 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 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the





428

aforesaid Industry; and that said association imposes no inequi-
table restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small 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 Code.
For these reasons, the Code has been approved.
Respectfully,
HUGH S. JOHNSON,
A dmin istrator.
JANUARY 23, 1934.












CODE OF FAIR COMPETITION


FOR THE
WET MOP MANUFACTURING INDUSTRY


ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Wet Mop Manufacturing Industry, and
shall be the standard of fair competition for such industry and
shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

1. The term "industry as used herein includes the manufacture
or sale by the manufacturer, of wet, or scrub, mop heads and/or mops.
2. The term employee as used herein includes anyone engaged
in the industry in any capacity receiving compensation for his serv-
ices, irrespective of the nature or method of payment of such
compensation.
3. The term "employer as used herein includes anyone by whom
any such employee is compensated or employed.
4. The term member of the industry includes anyone engaged
in the industry as above defined, either as an employer or on his
own behalf.
5. The terms President ", "Act ", and "Administrator as used
herein shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator of Title I of said Act.

ARTICLE III-HouRs

1. (a) No employee shall be permitted to work in excess of 40
hours in any one week or 8 hours in any twenty-four (24) hour
period, except as hereinafter provided.
(b) Executives and employees in a managerial or supervisory
capacity who receive $35 or more per week are excepted from the
maximum-hour provisions of this section.
(c) Repair-shop crews, firemen, engineers, electricians, outside
crews and cleaners shall not be permitted to work in excess of 44
hours per week.
(d) Truckmen shall not be permitted to work in excess of 48 hours
per week.
(e) Watchmen shall not be permitted to work in excess of 56 hours
per week.
(429)





430


2. The maximum hours fixed in the foregoing section shall not
apply to any employee on emergency maintenance or emergency
repair work involving breakdowns or protection of life or property,
but in any such special case at least one and one third times his
normal rate shall be paid for hours worked in excess of the maximum
hours herein provided. All such emergency time shall be reported
monthly to the Code Authority hereinafter provided for.
3. No productive machinery in the industry shall be operated
for more than two shifts of 40 hours each per week.

ARTICLE IV-WAGES
1. No employee shall be paid at less than the rate of 32/2 cents per
hour in the North, and 30 cents per hour in the South. The South
shall include the section of the United States consisting of the
States of Virginia, North Carolina, South Carolina, Georgia, Ten-
nessee, Alabama, Mississippi, Louisiana, Texas, and Florida. The
North shall mean the rest of the United States.
2. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piece-work, or
other basis.
3. Rates of pay in excess of the minimum hereinbefore prescribed
shall be increased so as to preserve equitable differentials.
4. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.

ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed
in the industry, nor anyone under eighteen (18) years of age at
operations or occupations hazardous in nature or detrimental to
health. In any State an employer shall be deemed to have complied
with the age provisions of this section if he shall have on file a
certificate or permit duly issued by the authority in such State em-
powered to issue employment or age certificates or permits, showing
that the employee is of the required age.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers regu-
lating the age of employees, wages, hours of work, or health, fire, or
general working conditions than under this Code.





431


6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act.
7. Each employer shall post Articles III, IV, and V of this Code
in conspicuous places, accessible to all employees.
ARTICLE VI-ADMINISTRATION

To further effectuate the policies of the Act, a Code Authority is
hereby constituted to cooperate with the Administrator in the admin-
istration of this Code.
1. Organization and constitution of Code Authority:
(a) The Code Authority shall consist of five (5) individuals, or
such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth. The Admin-
istrator, at his discretion, may appoint not more than three (3) addi-
tional members (without vote) to represent the Administrator or
such groups or interests as may be agreed upon.
(b) The Wet Mop Manufacturers Association shall call a meet-
ing of the entire industry for the purpose of electing the five indus-
try members of the Code Authority, said meeting to take place not
less than 20 days after the approval of this Code by the President,
unless such time shall be extended by the Administrator or his
Deputy upon the request of the Association. Each member of the
industry shall have one vote in electing these members of the Code
Authority, subject to the provisions of subsection 2 (h) of this
Article. Until such Code Authority shall have been selected, the
duties and powers of the Code Authority shall be exercised by the
Administrator or his Deputy.
(c) 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 asso-
ciation, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
(d) 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 may provide such hear-
ings 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 in the method of selection of the Code
Authority.
2. The Code Authority shall have the following additional duites
and powers to the extent permitted by the Act, subject to the right
of the Administrator on review to veto or modify any action taken
by it.
(a) The Code Authority shall cooperate with the Administrator
in making investigations as to the functioning and observance of any
provisions of this Code at its own instance or on complaint by any





432


person and to report the same to the Administrator, or such agencies
as he may designate.
(b) The Code Authority shall collect at such times and in such
manner as may be prescribed, statistics covering number of employees,
wage rates, employee earnings, hours of work, production, shipments,
stock, prices, and such other data pertinent to the effectuation of the
purposes of this Code as may be required by the Administrator.
(c) In addition to the information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
(d) The Code Authority shall, subject to the approval of the Ad-
ministrator, make such rules and regulations as shall be necessary
to make effective the power granted to it hereunder.
(e) The Code Authority may from time to time present to the
Administrator recommendations based on conditions in this industry
as they may develop which will tend to effectuate the operation of the
provisions of this Code and the policies of the Act.
(f) The Code Authority may by regulations duly adopted from
time to time appoint such subcommittees or designate such agencies
and may delegate to any of them such of its powers and duties as
it shall deem necessary or proper in order to carry out the provi-
sions of this Code.
(g) Any interested party shall have the right of appeal to the
Administrator under such rules and regulations as he may prescribe
in respect to any rule, regulation, or other course of action issued or
taken by the Code Authority.
(h) Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. The
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Adminis-
trator, on the basis of volume of business, and/or such other factors
as may be deemed equitable to be taken into consideration.
3. If the Administrator shall determine that any action of a code
authority or any agency thereof is unfair or unjust or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford an
opportunity for investigation of the merits of such action and fur-
ther consideration by such code authority or agency pending final
action, which shall be taken only upon approval by the Adminis-
trator.
ARTICLE VII-TRADE PRACTICES

1. The Wet Mop Manufacturing Industry recognizes the humane
considerations attached to products of institutions for the blind, and
in order to give constructive assistance and to prevent unfair compe-
tition, it is the will and purpose of the industry to cooperate with
such institutions. To effectuate such purpose, a committee as here-
inafter provided, shall be recognized by the Code Authority for the






433


purpose of conferring with the Code Authority and adjusting all
matters arising out of the competition of the products of the blind
as they affect this industry. This Committee shall secure necessary
data from institutions for the blind relative to all matters affecting
competition of the blind in this industry.
The committee shall be made up as follows: Chairman of the Code
Committee of the American Association of Workers for the Blind,
President or his representative of the American Association of
Workers for the Blind, and a representative from the American
Foundation for the Blind.
The minimum wages and maximum hours provisions shall not
apply to institutions for the blind which comply with the rules and
regulations of the above committee, after such rules and regulations
are approved by the Administrator.
2. Within 30 days from the effective date of this Code each handled
mop or mop head shall be plainly marked, indicating the size (actual
weight of mopping material, i.e. yarns, fabrics, twines, or slasher),
and shall bear a brand or mark to identify the manufacturer; the
marking to be stamped on the handle or printed on the label at-
tached to the handle, or on a tab attached to the mop head. All
brands or marks shall be filed with the Code Authority for the pur-
pose of identification of the product.
3. The following practices constitute unfair methods of competi-
tion for members of the industry and are prohibited:
(a) False Marking or Branding.-The false marking or branding
of any product of the industry which has the tendency to mislead or
deceive customers, or prospective customers, whether as to the grade,
quality, quantity, substance, character, nature, origin, size, finish, or
preparation of any product of the industry, or otherwise.
(b) Misrepresen station. or False or Misleading Adverti.n sig.-The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or the credit terms, values, poli-
cies, or services of any member of the industry, or otherwise, having
the tendency to mislead or deceive customers or prospective
customers.
(c) Conmmercial Bribery.-No member of the industry shall give,
permit to be given, or directly offer to give, anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agent, or the repre-
sented party, without the knowledge of such employer, principal, or
party. Commercial bribery provisions shall not be construed to
prohibit free and general distribution of articles commonly used for
advertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
(d) Interference with contractual relatio.ns.-Maliciously inducing
or attempting to induce a breach of an existing oral or written con-
tract between a competitor and his customer or source of supply, or
interfering with or obstructing the performance of any such con-
tractual duties or services.




UNIVERSITY OF FLORIDA
IIlll111I lll1i111 I Il HlllIi11111
434 3 1262 08850 3122

(e) Secret rebates-The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in the
form of money or otherwise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
(f) Defamation.-The defamation of competitors by falsely imput-
ing to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or by
the false disparagement of the grade or quality of their goods.
(g) Threats of litigation.-The publishing or circulating of
threats or suits for infringement of patents or trade marks or of
any other legal proceedings not in good faith, with the tendency or
effect of harassing competitors or intimidating their customers.
(h) Other unfair practices.-Nothing in this Code shall limit the
effect of any adjudication by the courts, or holding by the Federal
Trade Commission, on complaint, finding, and order that any prac-
tice or method is unfair, providing that such adjudication or hold-
ing is not inconsistent with any provision of the Act or of this Code.
ARTICLE VIII-MODIFICATION

1. This Code and all the provisions thereof are expressly made sub-
ject 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 can-
cel or modify any order, approval, license, rule, or regulation issued
under said Act.
2. This Code, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modification to be based upon application to the Administrator and
such notice of hearing as he shall specify, and to become effective on
approval of the Administrator.
ARTICLE IX-MoNOPOLIES, Erc.

No provisions of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
ARTICLE X-PRICE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases shall be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increases in the seller's
costs.
ARTICLE XI-EFFECTIVE DATE
This Code shall become effective on the tenth day after approval
Approved Code No. 227.
Registry No. 1609-08.




Full Text

PAGE 1

Approved Code No. 227 Registry No. 1609-08 NATIONAL RECOVERY ADMINISTRATION CODE O F FAIR COMPETITION FOR THE WET MOP MANUFACTURING INDUSTRY AS APPROVED ON JANUARY 23, 1934 WE DO OUR PAin: UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 193-i For sale by the Superintendent or Documents, Washington, D.C. • • • • • • • • Price 5 cents v

PAGE 2

ThJs publlcation is for sale h y the Superintendent of Documents, Government Printing Office, Washington, D.O .• and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buft'alo, 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. D etroit, 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. L ouisYille, 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 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 227 CODE OF FAIR COMPETITION FOR THE WET MOP MANUFACTURING INDUSTRY As Approved on January 23, 1934 ORDER APPROVING CODE OF FAIR COMPETITION FOR THE WET MOP MANUFACTURING INDUSTRY An application having been duly made pursuant to and in full com pliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Code of Fair Competition for the Wet Mop Manufacturing Industry, and hearings having been duly held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, I, Hugh S. Johnson, Administrator for Industrial R ecovery, 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 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 Act; and do hereby order that said Code of Fair Competition be and it is hereby approved. HUGH s. JOHNSON' Administrator for Industrial Recov er y. Approval Recommended: A. D. wHITESIDE, Division Adm.,inistrator. wASHINGTON, D.C., J a11!Uary B3, 19 34 . 35369----313-114----34 (425)

PAGE 4

The PRESIDENT, The White House. INTRODUCTION SIR: This is a report on the Hearing on the Code of Fair Com petition for the Wet Mop Manufacturing Industry, submitted by the Wet lVIop Manufacturers Association. The Hearing was conducted in Washington on November 22, 1933. Every person who filed requests for Hearing was freely heard in public and all statutory and regulatory requirements were complied with. Attached herewith is a copy of the Code which was presented by duly qualified and authorized representatives of the Industry, complying with the statutory requirements as representing 45.5 percent of the total number of producers in the Industry and 75 percent of the volume. EVIDENCE SUBMITTED Evidence presented showed a total of thirty-four concerns em ploying, in the first quarter of 1933, a total of 381 employees, while after the passage of the National Industrial Recovery Act and as a result of the President's Reemployment Agreement, employment jumped to 533 employees for the industry. It was brought out that all members of the Industry had not only been invited to join the Association but all had been urged repeatedly to take their proper part in the formulation of the proposed Code. Notices were mailed to every known concern which was conceivably engaged in Wet :Mop l\1anufacture. Likewise, every conceivably known manufacturer of wet mops was notified of the Public Hearing on this Code. RESUME OF PROVISIONS The minimum wages established in this code of $13.00 per week for the Northern section of the country and $12.00 for the Southern section are identical with those established in the Code for the Cotton Textile Industry. Because of the fact that a number of wet mop manufacturers spin their own yarn, it is clearly evident that the labor conditions are substantially the same. One Southern manufacturer protested against the proposed minimum wage established in the Code, in a statement that many of his employees are so-called marginal' producers or substandard workers. This statement was that such substandard employees could not produce either the quality or the quantity of material as that pro by his competitors and that he, therefore, desired a lower mm1mum wage. (426)

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427 In the belief that there is ample productive machinery within the industry to produce all of the requirements in two shifts for forty hours each per week, there is a provision in this code limiting the operation of productive machinery to the above-stated hours per week, which is similar to that established for the Cotton Textile Industry. It was further pointed out that there is certain comp etition in this Industry from the institutions for the blind. In view of the fac t that there is a definite feeling among these institutions tha t the y wi sh to be a part and parcel of the National movement for the b etterment of the Industry, an amendment was added calling for c o o p eratio n between the Code Authority for the vVet Mop Manufacturing Indus try and a committee established to represent the in stitutions for the blind. The committee to be made up as follows: Chairman of the Code Committee of the American A soc iation of Workers for the Blind. President of this Association, or his repres entative. A representative from the American Foundation f o r the Blind. The minimum wage and maximum hour provis ion s of the C od e are not to apply to institutions for the blind which comply with the rules and regulations of the above committee. FINDINGS The Deputy Administrator in his final report to me on said Code having found as herein set forth and on the bas is of all the proceed ings in this matter; I find that: (a) Said Code is well designed to promote the policies and purpos es of Title I of the National Industrial Recovery A c t, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount the r eof and will pro vide for the general welfare by promoting the organization of indus try for the purpose of cooperative action among the trade groups , by inducing and maintaining united action of labor and manage ment under adequate governmental sanction s and sup e r v i s ion , by eliminating unfair competitive prac tices, by promoting the fulle t possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (ex cept a s may be temporarily required), by increasing the consumption of industria l and agricultural products through increasing purchasing pow e r, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than 50, 000 em ployees; and is not cla s sified by me as a major industry. (c) The Code as approved complies in all respects with the pertinent provision s of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subse ction (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the

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428 aforesaid Industry; and that said association imposes no inequitable re trictions on admission to membership therein. . (d) The Code is not designed to and will not permit monopolies or monopolistic practices. (e) The Code is not designed to and will not eliminate or oppress bmall enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been depriyed of the right to be heard prior to approval of said Code. For these reasons, the Code has been approved. Respectfully, HUGH s. JOHNSON' A dministrato1. JANUARY 23, 1934.

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CODE OF FAIR COMPETITION FOR THE WET MOP MANUFACTURING INDUSTRY ARTICLE I-PURPOSES To effectuate the policies of Title I of the National Industrial Recovery Act, the following provisions are established as a Code of Fair Competition for the Wet Mop Manufacturing Industry, and shall be the standard of fair competition for such industry and shall be binding upon every member thereof. ARTICLE II-DEFINITIONS 1. The term "industry" as u sed herein includes the manufacture or sale by the manufacturer, of wet, or scrub, mop heads and/or mops. 2. The term "employee" as u sed herein includes anyone engaged in the industry in any capacity r eceiving compensation for his serv ice s, irrespective of the nature or method of payment of s uch compensation. 3. The term "employer" as used herein includes anyone by whom any such employee is compensated or employed. 4. The term "member of the industry " includes anyon e engaged in the industry as above defined, either a s an employer or on his own behalf. 5. The terms "President", "Act", and "Administrator" as u sed herein shall mean respectively the President of the United States, Title I of the National Industrial Recovery Act, and the Administrator of Title I of said Act. ARTICLE III-HouRs 1. (a) No employee shall be permitted to work in excess of 40 hours in any one week or 8 hours in any twenty-four (24) hour period, except as hereinafter provided. (b) Executives and employees in a managerial or supervisory capacity who receive $35 or more per week are excepted from the maximum-hour provisions of this section . (c) Repair-shop crews, firemen , engineers, electricians, outside crews and cleaners shall not be permitted to work in excess of 44 hours per week. (d) Truckmen shall not be permitted to work in excess of 48 hours per week. (e) Watchmen shall not be permitted to work in excess of 56 hours per week. (429)

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430 2. The maxim urn hours fixed in the foregoing section shall not apply to any employee on emergency maintenance or emergency r epair work involving breakdowns or protection of life or property, but in any su c h s pe cial ca e at least one and one third times his normal rate shall be paid for hours worked in excess of the maximum hours herein provided. All such emergency time shall be reported monthly to the Code Authority hereinafter provided for. 3. No productive machinery in the industry shall be opnrated for more than two shifts of 40 hours each per week. ARTICLE IV-'V AGES 1. No emplo yee shall be paid at le s s than the rate of 32lj2 cents per hour in the North, and 30 cents per hour in the South. The South shall include the section of the United States consisting of the States o f Virginia, North Carolina, South Carolina, Georgia, Tenn essee, Alabama, Louisiana, Texas, and Florida. The North shall m ean the re s t of the United States. 2. This Article e stablis hes a minimum rate of pay, regardless of whether an e mployee is comp ensated on a time-rate, piece-work, or othe r ba s i s . 3. Rates of pay in e xc e ss of the minimum hereinbefore prescribed hall b e incre a sed so a s to preserve equitable differentials. 4. Fema l e employ e es performing substantially the same work as male employe es shall receiv e the same rates of pay as male employees. ARTICLE V-GENERAL LABOR PROVISIONS 1. No person under sixteen (16) years of age shall be employed in the industry, nor anyone under eighteen (18) years of age at operations or occupations hazardous in nature or detrimental to health. In any State an employer shall be deemed to have complied with the age provis ions of th1s section if he shall have on file a certificate or permit duly i ssued by the authority in such State em powered to is s ue employment or age certificates or permits, showing that the employee is of the required age. 2. Employees shall have the right to organize and bargain. col l e ctiv ely through r epresentatives of their own choosing and shall be free from the interferenc e, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of c oll ec tive bargaining or other mutual aid or proteation. 3 . N o employee and no one seeking employment shall be required 9 S a condition of employment to join any company union or to refrain from joining, qrganizing, or as s i sting a labor organization of his own c hoo s ing. 4. Employers shall c omply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribe d by the Pres ident. 5. Within each State this Code shall not s upersede any laws of s uch State imposing more stringent requirements on employers regulating the age of employe es , wages, hours of work, or health, fire, or general workjng condition s than under this Code.

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431 6. Employers shall not recla ssify employees or duties o occupa tions performed by employees so a s to defeat the purpos e s of the Act. 7. Each employer shall post Articles III, IV, and V of this Cod e in con spic uous places, acce ss ible to all employees. ARTICLE VI-ADMIN ! STRATI ON To further eff ectuate the policie s of the Act, a Code Authority is hereby con stituted to cooperate with the Administrator in the admin i stration of this Code. 1. Organization and constitution of Code Authority: (a) The Code Authority shall consi s t of five (5) individuals , or such other number as may be approved from time to time by the Administrator, to be selected a s hereinafter set forth. The Administrator, at his di s cretion, ma.y appoint not more than three (3) additional members (without vote) to represent the Administrator or such groups or interests a s may be agreed upon. (b) The Wet Mop Manufacturers A ss ociation shall c all a meeting of the entire industry for the purpos e of electing the five indus try members of the Code Authority, said meeting to take place n o t less than days after the approva l of this Code by the President, unle s s s uch time shall b e extended by the Administrator or his Deputy upon the reque s t of the A ss o c iation. E ac h member of the industry shall have one vote in electing these m embers of the Co d e Authority, subject to the provis ion s of s ub s ection 2 (h) of this Article. Until such Code Authority shall have been select e d, the duties and power s of the Code Authority shall be ex e r c ised b y the Administrator or his Deputy. (c) Eac h trade or industrial association directly or indirectly participating in the selection or activitie s of the Code Authority shall: (1) Impos e no inequitable restrictions on memb e r ship and (2) submit to the Administrator true copies of its article s of a ss o ciation, bylaws, regulations, and any amendments when made there to, together with such other information as to member ship, organization, and activities as the Administrator may deem nece ssa r y to effectuate the purpose s of the Act. (d) 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 may provide such he arings as he may deem proper; and thereafter, if he shall find that the Code Authority is not truly representative or doe s not in other respects comply with the provisions of the Act, may require an appropriate modification in the method of s el e ction of the Code Authority. 2. The Code Authority shall have the following additional duite s and powers to the extent permitted by the Act, subje c t to the right of the Administrator on review to veto or modify any action take n by it. (a) The Code Authority shall cooperate with the Administrator in making investigations as to the functioning and ob servance of any provisions of this Code at its own instance or on complaint by any

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432 person and to report the same to the Administrator, or such agencies as he may designate. (b) The Code Authority shall collect at such times and in such manner as may be prescribed, statistics covering number of employees, wage rates, employee earnings, hours of work, production, shipments, stock, prices and such other data pertinent to the effectuation of the purposes of this Code as may be required by the Administrator. (c) In addition to the information required to be submitted to the Code Authority, there shall be furnished to government agencies such statistical information as the Administrator may deem necesary for the purposes recited in Section 3 (a) of the Act. (d) The Code Authority shall, subject to the approval of the Administrator, make such rules and regulations as shall be necessary to make effective the power granted to it hereunder. (e) The Code Authority may from time to time present to the Administrator recommendations based on conditions in this industry a s they may develop which will tend to effectuate the operation of the proYisions of this Code and the policies of the Act. (f) The Code Authority may by regulations duly adopted from time to time appoint such subcommittees or designate such agencies and may delegate to any of them such of its powers and duties as it shall deem nece sary or proper in order to carry out the provisions of this Code. (g) Any interested party shall have the right of appeal to the Administrator under such rule,s and regulations as he may prescribe in respect to any rule, regulation, or other course o . f action issued or taken by the Code Authority. (h) Members of the industry shall be entitled to participate in and share the benefits of the activities of the Code Authority and to participate in the selection of the members thereof by assenting to and complying with the requirements of thi,s Code and sustaining their reasonable share of the expenses of its administration. The reasonable share of the expenses of administration shall be deter mined by the Code Authority, subject to review by the Administrator, on the basis o . f volume of bu,siness, and/or such other factors as may be deemed equitab le to be taken into consideration. 3. If the Administrator shall determine that any action of a code authority . or any agency thereof is unfair or unjust or contrary to the public interest, the Administrator may require that such action be suspended for a period of not to exceed thirty days to afford an opportunity for investigation o.f the merits of such action and further consideration by such code authority or agency pending final action, which shall be taken only upon approval by the Administrator. ARTICLE VII-TRADE PRACTICES 1. The Wet Mop Manufacturing Industry recognizes the humane considerations attached to products of institutions for the blind and in order to give constructive assistance and to prevent unfair compe tition, it is the will and purpose of the industry to cooperate with such in.stitutions. To effectuate such purpose, a committee as here inafter provided, shall be recognized by the Code Authority for the

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433 purpose of with the Code Authority and adjusting all matters arising out ot the c.ompetition o.f the products of the blind as they affect this industry. This Committee shall secure necessary data from institutions for the bljnd relative to all matter,s affecting competition of the blind in this industry. The committee shall be made up as follows: Chairman of the Code Committee of the American Association of 'V orkers for the Blind, President or his representative of the American Association of Workers for the Blind, and a representative from the American Foundation for the Blind. The minimum wage,s and maximum hours provisions shall not apply to institutions for the blind which comply with the rules and regulations of the above committee, after such rules and regulations . are approved by the Administrator. . 2. Within 30 days from the effective date of this Code each handled mop or mop head shall be plainly marked, indicating the size (actual weight of mopping material, i.e. yarns, fabrics, twines , or slasher), and shall bear a brand or mark to identify the manufacturer; the marking to be stamped on the handle or printed on the lab e l attached to the handle, or on a tab attached to the mop head. All brands or marks shall be filed with the Code Authority for the pur pose of identification of the product. 3. The following practices constitute unfair method s of competi tion for members of the industry and are prohibited: (a) False Marki n g or Branding.-The false marking or brnnding of any product of the industry which h as the tendency to mislead or deceive customers, or prospective customers, whether as to the grade, quality, quantity, substance, character, nature, origin, size, finish, or preparation of any product of the industry, or otherwise. (b) Misr epresent{])ti on or Fals e o1 Misleading Advertising.-The making or causing or knowingly permitting to be made or published any false, materially inaccu rate, or deceptive statement by way of advertisement or otherwise, whether concerning the grade, quality, quantity, substance, cf1aracter, nature, origin, size, fini sh, or preparation of any product of the industry, or the credit terms, values, poli cies, or services of any member of the industry, or otherwise, having the tendency to mislead or deceive customers or pros pective customers. (c) Commercial Bribery.-No member of the industry shall give, permit to be given, or directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of such employee, the principal of such agent, or the repre sented party, without the knowledge of such employer, principal, or party. Commercial bribery provisions shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually used for com mercial bribery as hereinabove defined. (d) Inter ference with contractual relations.-Maliciously inducing or attempting to induce a breach of an existing oral or written contract between a competitor and his customer or source of supply, or interfering with or obstructing the performance of any such contractual duties or services.

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434 II liiiliilil i1t llililililillllll l l l l 3 1262 08850 3122 (e) Searet rebates-The secret payment or allowance of rebates, refunds, commissions, credits, or unearned discounts, whether in the form of money or otherwise, or the secret extension to certain purchasers of special services or privileges not extended to all purchasers on like terms and conditions. (f) Defamation.-The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations or by the false di paragement of the grade or quality of their goods. (g) Tlwe ats of litigation.-The publishing or circu lating of threats or suits for infringement of patents or trade marks or of any other legal proceedings not in good faith, with the tendency or effect of harassing competitors or intimidating their customers . (h) Othe r unfair rractices.-Nothing in this Code shall limit the . effect of any adjudication by the courts, or holding by the Federal Trade Commission, on complaint, finding, and order that any prac tice or method is unfair, providing that such adjudication or ho l ding is not inconsistent with any provision of the Act or of this Code. ARTICLE VIII-MoDIFICATION 1. This Code and all the provisions thereof are expressly made sub ject 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 can eel or modify any order, approval, license, rule, or regulation issued under said Act. 2. This Code, except as to provisions required by the Act, may b6 modified on the basis of experience or changes in circumstances, suc h modification to be based upon application to the Administrator a n d such notice of hearing as he shall specify, and to become effective on approval of the Administrator. ARTICLE IX-MoNOPOLIEs, E:rc. No provisions of this Code shall be so applied as to permit monopo lies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. ARTICLE X-PRICE INCREASES Whereas the policy of the Act to increase real purchasing power will be made impossible of consummation if prices of goods and services increase as rapidly as wages, it is recognized that price increases shall be delayed and that, when made, the same should, so far as reasonably possible, be limited to actual increases in the seller's costs. ARTICLE XI-EFFECTIVE DATE This Code shall become effective on the tenth day after approval. Approved Code No. 227. Registry No. 1609-08. 0


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