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Approved Code No. 360 Registry No. 1609-1-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 23, 1934
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Approved Code No. 360
Registry No. 1609-1-02
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Approved Code No. 360
CODE OF FAIR COMPETITION
BRUSH MANUFACTURING INDUSTRY
As Approved on March 23, 1934
APPROVING CODE OF FAIR COMPETITION FOR THE BRUSH MANUFAO-
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 Competition for the Brush Manufacturing Industry, and hear-
ings 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 an-
nexed 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 Fair
Competition be and it is hereby approved, provided that Articles
XIV and XV be eliminated from the Code.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
GEo. L. BERRY,
March 23, 1934.
REPORT TO THE PRESIDENT
The White House.
Sm: A Public Hearing on the Code of Fair Competition for the
Brush Manufacturing Industry, submitted by the American Brush
Manufacturers Association, located at 505 Arch Street, Philadel-
phia, Penna., was conducted in Washington on the 21st of Novem-
ber, 1933, in accordance with the provisions of the National Indus-
trial Recovery Act. The Association claims to represent 85 percent
of the Industry.
The maximum hours permitted under this Code are forty (40) per
week, averaged over a three months period, with forty-eight hours
permitted in any one week. Repairmen, engineers, electricians and
cleaners are permitted to work an average of forty-four (44) hours
per week during any three months period. Truckmen, watchmen
and firemen are permitted to work forty-eight (48) hours per week.
The minimum wage provided in this Code is thirty-two and a
half cents (32,) per hour. Females performing substantially the
same work as males are to be paid the same rate of pay as male
employees. Provision is made for adjustment of wages above the
The Brush Manufacturing Industry includes establishments in
which brushes and allied products are manufactured, repaired and
sold originally. Imports have caused a serious problem to this
industry, those from Japanese and German sources being the most
troublesome, having entered this country in large quantities at
extremely low unit prices. The making of brushes in Federal peni-
tentiaries is another source of severe competition. The most modern
of equipment is now being used by these institutions thus supplying
the market with brushes which otherwise would be purchased from
In 1929 approximately 7.200 people were employed in this indus-
try. This had dropped to 5,400 in June, 1933. In October, 1933, it
is estimated that this had risen to 6,600, an increase of 23.9 percent.
This is only 8% under the peak year of 1929.
Reports from members of the industry disclose that the minimum
wage proposed in the Code will mean an increase over the minimum,
just prior to the President's Re-Employment Agreement, of approxi-
mately 50 percent, and an increase over 1929 of approximately 30
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, including
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 management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural 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 per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies or
(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
This Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable solu-
tion for this Industry and for these reasons this Code has been
HUGH S. JOHNSON,
MARCH 23, 1934.
CODE OF FAIR COMPETITION FOR THE BRUSH MANU-
To effectuate the policies of Title I of the National Industrial Re-
covery Act, the following provisions are established as a Code of
Fair Competition for the Brush Manufacturing Industry and shall
be the standard of fair competition for this Industry and binding
upon every member thereof.
1. The term Industry" or Brush Manufacturing Industry",
as used herein includes the manufacturing, repairing and original
selling and distributing by manufacturers of brushes, and kindred
and allied products twisted in wire, and such branches or subdivi-
sions thereof as may from time to time be included under the pro-
visions of this Code, by the President of the United States after
such notice and hearing as he may prescribe.
2. The term member of the Industry" includes, but without
limitation, any individual, partnership, association, corporation or
other form of enterprise engaged in the industry,, either as an em-
ployer or on his or its own behalf.
3. The term employee as used herein includes any and all per-
sons engaged in the industry, however compensated, except a
member of the industry.
4. The term carrying account" as used herein means one where
an understanding exists between the seller and the buyer to the effect
that the buyer shall be required to pay his account with the seller
down only to a specified amount, regardless of when the amount is
due, resulting substantially in the effect of a consignment to that
5. The terms "Act and "Administrator" as used herein mean
respectively Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Recovery.
1. No employee, except as hereinafter provided, shall be permitted
to work more than forty (40) hours per week, when averaged over
any three months period nor more than forty-eight (48) hours in
any one week, nor more than ten (10) hours in any one day.
(a) The provisions of this article shall not apply to employees
engaged in an executive, administrative, supervisory and/or tech-
nical capacity (excluding however persons engaged in skilled opera-
tions), who receive thirty-five dollars ($35.00) or more per week,
nor to outside salesmen.
(b) No repairman, engineer, electrician or cleaner, excluding ma-
chine cleaners, shall be permitted to work more than an average of
forty-four (44) hours per week during any three (3) months period
nor more than forty-eight (48) hours in any one week.
(c) No truckdriver, watchman and/or fireman shall be permitted
to work more than forty-eight (48) hours during any one week.
(d) The provisions of this article shall not apply to employees
engaged in emergency repair work, involving the protection of life
or property or repairs to machinery in the case of a breakdown or
to permit the continued normal operation of such machinery, pro-
vided, however, that all such employees shall be paid at the rate of
time and one-half their normal rate of compensation for all hours
worked per week in excess of forty-four (44) hours per week.
2. No employee shall be permitted to work for a total number of
hours in excess of the number of hours prescribed herein, whether he
be employed by one or more employers.
1. No employee shall be paid at a rate less than thirty-two and a
half cents (321/2) per hour.
2. This Article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time-rate, piece-work performance or other basis.
3. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
4. It is the policy of the members of this Industry to refrain from
reducing the compensation for employment which compensation was
prior to June 16, 1933, in excess of the minimum wage herein set
forth notwithstanding, that the hours of work in such employment
may be reduced; and, unless since such date such adjustments have
been made, all members of this industry shall endeavor to increase
the pay of all employees in excess of the minimum wage, as herein
set forth, by an equitable adjustment of all pay schedules.
ARTICLE V-GENERAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed
in this industry; nor any one under eighteen (18) years of age at
operations or occupations which are hazardous in nature. The Code
Authority shall submit to the Administrator within sixty (60) days
after the effective date of this Code, a list of such operations or
occupations. In any state an employer shall be deemed to have com-
plied with this provision as to age if he shall have on file a certificate
or permit duly issued by the authority in such State empowered to
issue employment or age certificates or permits, showing that the
employee is of the required age.
2. In compliance with Section 7 (a) of the Act it is provided:
(a) That employees shall have the right to organize and bargain
collectively 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.
(b) That, no employee and no one seeking employment shall be
required as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing, and
(c) That, employers shall comply with the maximum hours of
labor, minimum rates of pay and other conditions of employment
approved or prescribed by the President.
3. No employer shall reclassify employees or duties of occupations
performed as they existed on October 1, 1933, or engage in any other
subterfuge, for the purpose of defeating the purpose of the Act or of
4. No provision in this Code shall supersede any State or Federal
Law which imposes on employers more stringent requirements as
to age of employees, wages, hours of work, or as to safety, health,
sanitary or general working conditions, than are imposed by this
5. All employers shall post and keep posted complete copies of
Articles III, IV, V and VI of this Code relating to hours, wages and
labor in conspicuous places accessible to employees.
6. Every employer shall make reasonable provision for the safety
and health of his employees at the place and during the hours of
ARTICLE VI-HOME WORK
1. All home work in this Industry is hereby prohibited, except
by specific permission of the Administrator in each individual case,
and provided employees engaged in home work shall be paid the
same wage rates that are paid for identical occupations in the shop.
ARTICLE VII-DivISIONAL ORGANIZATION
1. The Brush Manufacturing Industry shall be divided into the
a) Toilet Brush Manufacturers' Division.
b Shaving Brush Manufacturers' Division.
c) Paint and Varnish Brush Manufacturers' Division.
(d) Household Brush Manufacturers' Division.
(e) Industrial, Jewelers' and Dental Brush Manufacturers' Divi-
(f) Twisted-in-Wire Manufacturers' Division.
(g) Wire Brush Manufacturers' Division.
2. Additional Divisions may from time to time be formed within
the Industry with the approval of the Administrator.
ORGANIZATION AND CONSTITUTION
1. A Code Authority is hereby established to cooperate with the
Administrator in the administration of this code and shall consist
of twenty-one (21) members, or such other number as may be ap-
proved from time to time by the Administrator, to be selected as
hereinafter set forth. The Administrator in his discretion may
appoint not more than three (3) additional members without vote
and without compensation from the industry, to serve for such period
of time and to represent the Administrator or such group or groups
as he may designate.
(a) The Code Authority shall consist of three (3) representatives
of each of the above named divisions who shall be elected by each
division through a fair method of election approved by the Admin-
istrator. Any member of the Industry within that particular
division is eligible to vote at meetings of the division for the elec-
tion of members representing the division upon the Code Authority.
Under no circumstance shall the Code Authority be composed of
persons more than one of whom is an officer, director, employee
or agent of the same company or any subsidiary company.
2. Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
impose no inequitable restrictions on its membership, and shall sub-
mit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization
and activities as the Administrator may deem necessary to effectu-
ate the purposes of the Act.
3. 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 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 purpose of the Act, he may require
an appropriate modification in the method of election of the Code
4. Any member 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 assent-
ing to and complying with the requirements of this Code and sus-
taining his reasonable share of the expenses of its administration.
Such reasonable share of the expenses of the administration shall
be determined by the Code Authority subject to the disapproval
of the Administrator, on the basis of volume of business and/or
such other factors as may be deemed equitable.
5. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code except for his own willful mis-feasance or non-feasance.
6. If the Administrator shall determine that any 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 author-
ity or agency pending final action, 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.
7. The Code Authority shall have the following further powers
(a) To administer the provisions of this Code, provide for the
compliance of the industry with its provisions and to propose and
submit to the Administrator its recommendations for amendments
and.'or modifications of this Code which shall become effective as a
part hereof upon approval of the Administrator after such notice
and hearing as he shall specify.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such administrative and/or govern-
ment agencies as the Administrator may designate, which adminis-
trative and/or government agencies shall hold the same confidential
except as may be directed by the Administrator or as may be re-
quired by law. Nothing in this Code shall relieve any member of
the industry of any existing obligations to furnish reports to any
government agency. No individual reports shall be disclosed to any
other member of the Industry or any other party except to such
governmental agencies 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 contained herein 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 sub-
ject to and comply with the provisions hereof.
(e) To secure from members of the Industry who assent to this
code and/or participate in the activities of the Code Authority such
proportionate payment of the reasonable expenses of maintaining
the Code Authority as may be determined by the Code Authority
to be fair and equitable.
(f) To recommend to the Administrator further trade practice
provisions to govern members of the several Divisions in their rela-
tions with each other or with other industries and to recommend
to the Administrator measures for industrial planning, including
stabilization of employment.
ARTICLE IX-SALES PROVISIONS
1. Each division of the Industry may, by an affirmative vote of
sixty percent (60%) in number and dollar volume of the manufac-
turers of such division, recommend an adequate system for cost find-
ing, capable of uniform application within such division, and which
members of such division shall adopt or conform their accounting
systems to, within fifteen (15) days after its approval by the Admin-
istrator. Said system for cost finding shall be u.ed by all members
of the division as a basis for cost finding of all products of the divi-
sion, and within such division no member shall sell such products
below his individual cost as determined by the use of such cost
finding system, except as hereafter provided.
(a) Any manufacturer of the Division may dispose of products
which are known as "seconds", "close-out numbers", "sample
stocks and sample line brushes below cost if he first submits
to an impartial agency approved by the Code Authority by regis-
tered mail a descriptive list of such products together with quantities
and prices at which they will be offered, and the prices so named
shall not be reduced unless and until the manufacturer files revised
selling prices with such impartial agency, and thereafter, upon the
sale of such products the manufacturer shall immediately notify
such impartial agency advising the name and address of the buyer.
In no case shall the sale of such products exceed such percent of the
total volume of dollar sales of such manufacturer in one year, as may
be determined by each Division from time to time, subject to the
approval of the Administrator.
(b) Any manufacturer of the Division in order to meet bona fide
competition in any specific instance may sell the products of such
Division at a price not less than the lowest competing price of com-
2. When a cost finding system shall have been adopted as pre-
scribed above by any Division and the Code Authority finds that a
manufacturer is selling the products of such Division in violation of
this Article, it may require such manufacturer to submit to an im-
partial agency approved by the Code Authority relevant and com-
plete data regarding such sales including all elements of cost prop-
erly and accurately figured, and if the Code Authority finds that such
sales constitute a violation of this Code it may submit the same to the
Administrator for appropriate action.
3. Any division of the Industry may elect through an affirmative
vote of sixty percent (60%) in number and sixty percent (60%) in
dollar volume to sell its products only upon open prices, terms and
conditions filed by each member of such division, with such impartial
agency as the division, with the approval of the Administrator, may
determine. Each member of such division shall then immediately
file with said agency his current price list and discount sheet at which
he proposes to sell the products of such division and any changes in
prices by any member of such division shall be filed with said agency
and shall become effective immediately upon the filing thereof, or
sixty (60) days after the effective date of this Code they shall become
effective after such period or time as shall hereafter be established
by the Code Authority with the approval of the Administrator.
Such agency shall immediately notify all other members of the divi-
sion of such changes and shall also make the same available to any
other interested party who may apply for same. Variations from
such open and publicly announced prices, terms and conditions, shall
constitute an unfair method of competition.
ARTICLE X-TRADE PRACTICE
The following practices shall constitute unfair methods of com-
petition and are prohibited:
1. No member of the industry shall falsely mark or brand 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 prep-
aration of any product of the industry.
2. No member of the Industry shall publish or cause to be pub-
lished advertising (whether printed, radio, display or of any other
nature) which is misleading or inaccurate in any material particu-
lar nor shall any member in an way misrepresent any product of the
3. No member of the industry shall attempt to induce the breach
of an existing contract between a competitor and his customer or
source of supply; nor shall any such member interfere with or
obstruct the performance of such contractual duties or services.
4. No member of the industry shall extend to certain purchasers
any rebates, refunds, commissions, credits, special services, privi-
leges or discounts not extended to all purchasers of the same class
on like terms and conditions.
(a) Nor give allowances for advertising or extra discounts, or
dating on bills or special credit terms, which are not extended to all
purchasers of the same class under like terms and conditions.
(b) Nor make allowances and/or payments, directly or indirectly,
to or for a customer in connection with that customer's cooperative
advertising, which are not extended to all purchasers of the same
class under like terms and conditions.
(c) Nor make allowances and/or payments, directly or indirectly,
for space within and/or on a buyer's premises for any purpose what-
soever, which are not extended to all purchasers of the same class
under like terms and conditions.
5. No member of the industry shall issue invoices, or other docu-
ments covering the sale of brushes in which the prices, terms, dis-
counts, allowances, or any other condition or terms of sale or facts
relating thereto are falsely stated; or issue invoices or other docu-
ments with the understanding that the buyer is to pay a price or
receive any considerations that are different from those shown on
6. No member of industry shall knowingly ship or deliver brushes
which do not conform to samples submitted, or to specifications upon
which prices are quoted or to other representations made prior to
securing an order.
7. No member of the industry shall knowingly use or substitute
materials inferior in quality or of a different nature and character
than those specified by the purchaser and promised at the time the
order is accepted.
8. No member of the industry shall either directly or indirectly
exchange, promote, encourage or in any way assist in the exchange
of brushes, other than those manufactured by him or bought for the
purpose of resale.
9. No member of the industry shall ship or deliver any goods on
consignment or engage in the practice of carrying accounts, as
defined in Section 4 of Article II, whether in whole or in part,
except that a manufacturer may take over a stock of goods on a
consigned basis for legitimate credit reasons but in such case he
shall immediately report the circumstances to the Code Authority
and such stock of goods, so taken over, shall not be carried on
consignment for a period longer than three months.
ARTICLE XI-FREIGHT CHARGES
1. No member of the Industry shall allow or pay, directly or
indirectly, secretly or otherwise, freight and/or delivery charges
except as follows:
(a) It shall be optional with each member of the Industry to
allow and/or pay freight and/or delivery charges but such allow-
ances shall be not. greater than f.o.b. manufacturer's shipping point
with actual freight as defined by Interstate Commerce Commission
classifications, allowed or prepaid to any point within the United
States, and in no case shall store door delivery be prohibited.
(b) In Zone 1, as defined under the Federal post office parcel
post regulations surrounding the manufacturer's plant, such manu-
facturer may make delivery by any means at his command.
(c) If a manufacturer elects to allow or pay freight and/or
delivery charges outside of Zone 1, as defined by Federal post office
parcel post regulations, he may elect to ship by any means at his
command provided the total allowances do not exceed the freight as
described in Subsection (a) of this section.
ARTICLE XII -MODIFIOATION
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of Title I of the Act, from
time to time to cancel 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 or amended on the basis of experience or changes in cir-
cumstances, such modifications or amendments to be based upon
application to the Admninistrator and such notice and hearing as he
shall specify, and to become effective on approval of the President
unless otherwise provided.
1. No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress or
discriminate against small enterprises.
ARTICLE XIV-NON-WAIVER OF CONSTITUTIONAL RIGHTS
1. By presenting this Code, those assenting thereto are not thereby
waiving any of their constitutional rights.1
I Deleted as per paragraph 2 of order approving this Code.
ARTnnc XV-RIGHT TO OBJECT
1. By presenting this Code, the members of the Industry do not
hereby consent to any modification thereof and they reserve the
right to object individually or jointly to any such modifications.?
ARTICLE XVI-EFFECTIVE DATE
1. This Code shall become effective on the second Monday after
its approval by the President.
Approved Code No. 360
Registry No. 1609-1-02
'Deleted as per paragraph 2 of order approving this Code.
UNIVERSITY OF FLORIDA
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