llllllllll~m~~~~~~~~~~~~j~~~ ~11[ 111m1 ~~~~~~~~~~~~~ 3 1262 08486 7620 Registry No. 1001-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BUFFING AND POLISHING 

COMPOSITION INDUSTRY 

AS APPROVED ON NOVEMBER 4, 1933 

BY 

PRESIDENT ROOSEVELT 

.•... 0~ ----

TOFfY 

1. Executive Order 

2. Letter of Transmittal 

8. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washin1ton, 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. 

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(ll) 
EXECUTIVE ORDER 

ConE OF FAIR CoMPETITION FOR THE BUFFING AND PoLISHING 

CoMPOSITION 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 my approval of a Code of 

Fair Competition for the Buffing and Polishing Composition Industry, and hearings having been held thereon and the Administrator 

having rendered his report containing an analysis of the said code 

of fair competition, together with his recommendations and findings 

with respect thereto, and the Administrator having found that the 

said code of fair competition complies in all respects with the pertinent provisions of title I of said act and that the requirements of 

clauses (1) and (2) of subsection (a) of section 3 of the said act have 

been met: 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report and recommendations, 

and findings of the Administrator and do order that the said code 

of fair competition be, and it is hereby, approved. 

THE \V RITE HousE, 

N ov n~ber 4, 1933. 

Approval recommended: 

HuGHS. JoHNSON, 

Admlinistrator. 

FRANKLIN D. ROOSEVELT. 

(Ill) 
NOVEMBER 2, 1933. 

The PRESIDENT, 

The White House. 

SIR: This is a report on the Code of Fair Competition :for the 

Buffing and Polishing Composition Industry in the United States, 

the hearing having been conducted in Washington on October 18 

1933, in accordance with the provisionB o:f the National Industriai 

Recovery Act. 

PROVISIONS FOR HOURS AND WAGES 

The maximum of 40 hours a week and 8 hours a day is provided for 

factory employees, except during emergency .Periods when the maximum may be 48 hours per week :for 6 weeks 1n any 6 months period, 

provided that the average will not exceed 40 hours per week. Time 

and a third is paid :for overtime. Employees engaged in preparation, 

care, and maintenance, in delivery work, and nonproducing supervisors will have a tolerance of 10 percent above the 40-hour maximum, 

provided that their average time is not more than 44 hours per week 

average in any 2-month period. Time and a third will also be paid 

to these employees :for overtime. 

The limitations in hours will not apply to persons in a managerial 

or executive capacity who receive more than $35 per week; nor to 

traveling salesmen or watchmen, the latter limited to 48 hours weekly. 

There will be no difference in the rates to male and :fen1ale employees, 

whether they are on a time or piecework basis. Accounting, clerical, 

service, sales, or other office employees will not be required to work 

mor"' than 40 hours a week, averaged over any 2-month period, nor 

more than 48 hours in any one week. 

The minimum wage to factory workers will be 40 cents _per hour. 

Exceptions to this. rate apply to employees engaged in hght and 

r epetitive work who will receive a minimum o:f 32lj2 cents per hour, 

and to learners who ·will receive no less than 80 percent of this 

minimum. Office employees will receive no less than $15 per week, 

except :for office boys and girls who will receive no less than 80 

percent o:f this minimum. 

CHILD LABOR 

The m1n1mum age o:f employees will be 16 years; except in 

hazardous occupations where the minimum will be 18 years. 

ECONOMIC EFFECT OF CODE 

The 40-hour normal week for :factory employees, with the additional pay :for overtime, should tend to level employment peaks in 

this Industry, and materially increase the number o:f workers as 

soon as business conditions improve in the capital goods industries. 

(IV) 
v 

The worki.!1g hours of this Industry have been from 48 to 55 

hours per week, with 50 as a fair average. The minimum wage 

rates have been 20 to 30 cents an hour, with 25 cents as a fair average. The increase in pay roll, as a result of the labor provisions, 

has been estimated at 35 percent. 

The abrasiYe compositions manufactured by this Industry are 

used for buffing and polishing metals and other materials. In recent 

years these products have had to compete with a cheaper mixture 

of greases and abrasive powder which is sometimes prepared by 

users themselves, especially among large manufacturers. Competition has been severe, too, with paints and enamels used for finishing 

surfaces; in the stove trade, a substitute in the form of a vitreous 

enamel finish is being used extensively. 

There are 32 concerns in this Industry, with a total volume of 

business of $1,000,000 in 1932, which was only 27 percent of production capacity ($3,500,000) and 63 percent less than the 1929 sales 

volume ($2,600,000). Employment since 1929 has dropped 28 

percent. 

FINDINGS 

The Administrator finds that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Buffing and Polishing Composition Industry; and that 

(c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterpnses and will not operate 

to discriminate against them, and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be approved. 

Respectfully, 

HuGHS. JoHNSoN, 

Adn~inistrator. 

CODE OF FAIR COMPETITION FOR THE BUFFING AND 

POLISHING COMPOSITION INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are submitted as a Code 

of Fair Competition for the Buffing and Polishing Composition Industry, and upon approval of the President shall be the standard 

of fair competition for this Industry. 

ARTICLE II-DEFI~ITIONS 

The term "Industry" as used herein includes the manufacture 

of buffing and polishing compositions, which are defined as abrasive 

compositions and other compounds for the buffing and polishing of 

metals and other materials. 

The term "Association" as used herein means the Buffing and 

Polishing Composition Manufacturers' Association. 

The term "Employee" as used herein includes anyone engaged 

in any phase of the industry in any capacity in the nature of 

employee irrespective of the method of payment of his compensation. 

The term "Employer" as used herein includes anyone for whose 

benefit such an employee is so engaged. 

The term " Member of the Industry " includes any manufacturer 

who shall be subject to this Code. 

The term "Adlninistrator" as used herein means the Administrator of Title I of the National Industrial Recovery Act. 

The term ' Effective Date" as used herein shall be the date upon 

which this Code shall have the approval of the President of the 

United States. 

ARTICLE III-HoURs 

(a) Factory employees, mechanical workers, and artisans in the 

Industry, except as hereinafter provided, shall not be employed in 

excess of 40 hours per week, nor more than 8 hours in any one day; 

provided, however, that during any period of emergency an employee of such classes may be permitted to work up to but not more 

than 48 hours per week in six ( 6) weeks of any six ( 6) month 

period ; provided, however, that the average over this period shall 

not exceed 40 hours per week. Employees in this category for hours 

worked in excess of 40 hours per week or eight (8) hours per day 

shall be paid at the rate of one and one third times the regular rates. 

(b) There shall be a tolerance of 10 percent additional hours over 

the above 40 hours for employees engaged in the preparation, care, 

and maintenance of plant, machinery and production facilities, stock 

and shipping clerk , delivery employees, and nonproducing supervisors provided that such tolerance shall not result in such employees 

19507°----188-155----33 <1) 
2 

working in excess of an average of 44 hours per week over any two 

(2) month period. Employees listed in this paragraph (b) for hours 

worked in excess of 40 hours per week or 8 hours per day shall be 

paid at the rate of one and one third times the regular rate herein 

provided. 

(c) The limitations as to hours of labor shall not apply to persuns in a managerial or executive capacity who receive more than 

$35.00 per week; nor to conunercial traveling salesmen; nor to watchmen who shall be limited to a work week not to exceed 48 hours. 

(d) No accounting, clerical, service, sales, or other office employees 

shall work more than forty ( 40) hours per week average in any 

two (2) month period nor more than forty-eight ( 48) hours in 

any one week. 

(e) No ~mployee sha.Il work or be permitted to work for a total 

number of hours in excess of the number of hours prescribed for 

each day and week, whether employed by one or more employers. 

ARTICLE IV-WAGES 

(a.) The minimum wage that shall be paid to any employee in 

this industry shall be 40 cents per hour with the following exceptions: 

(1) Employees engaged in light and repetitive work who shall 

be paid at the ra.te of not less than 321;'2 cents per hour. 

(2) Learners, who for a period not to exceed 10 weeks may be 

employed at not less than 80% of the minimum wage, such learners 

to constitute not more than 10% of the total of employees, nor more 

than 10 employees in any one plant. 

(3) Watchmen, who shall be paid not less than the minimum 

weekly wage of $13.00 for a work week not to exceed 48 hours. 

(b) All employees mentioned in paragraph (d) of Article III 

shall be paid at the rate of not less than fifteen dollars ($15) per 

week. 

(c) No employees Otf the classes mentioned in paragraph (d) of 

Article III now receiving compensation at a rate in excess of the 

minimum provided in paragraph (b) of this Article IV, next above, 

shall have their compensation reduced on account of any reduction in 

the weekly hours of employment to conform with the requirements 

of paragraph (d) of Article III. 

(d) The minimum wage that shall be paid to office boys and girls, 

and messengers, by any member of this Industry shall be not less 

than 80% of the minimum wage stipulated in paragraph (b) of this 

Article IV. Office boys and girls, and messangers shall constitute 

not more than 10% of the total number of employees of any employer, 

nor more than 5 such employees in one plant. 

(e) Where employees' earnings on piecework, divided by the number of hours worked, produce a result under the minimum wage stipulated in paragraph (a) of this Article IV, such earnings shall be so 

adjusted as to conform with the aforesaid minimum wage. 

(f) The differences in hourly rates for all operations shall be equitably readjusted and in no case shall they be decreased. Each member 

of the Industry shall report all such readjustments made since May 

1, 1933, to the Code Authority within 30 days of the effective date. 
3 

(g) No distinction in rates shall be made between male and femal·3 

employees where substantially the same cla s of work i performed 

regardless of whether compensation is calculated on an hourly, 

weekly, monthly, or piecework basis. 'Vherever they displace men on 

any operation, women are to be paid at the same rate as the men who 

were displaced. 

(h) There shall be no evasion of this Code by any employer in 

the Industry by reclassification of the functions of employees. An 

employee shall not be included in one of the classifications exempted 

from the provisions of this Code, unless the identical functions were 

identically classified on June 16, 1933. 

(i) No person who has worked as a learner for one member for the 

period of time prescribed under the term "learner" in Article II 

maY. thereafter be classified as a learner. 

(j) Nothing in this Article IV shall apply to or effect any outside salesmen compensated on a commission basis. 

ARTICLE V-CHILD LABOR 

No person under the age of 16 years shall be employed in the 

Industry and no one under the age of 18 years shall be employed 

in hazardous work. 

ARTICLE VI-ADMINISTRATION 

1. To further effectuate the policies of the National Industrial 

Recovery Act, a Code Authority is hereby set up to cooperate with 

the Administrator in the Administration of this Code. 

(a) The Code Authority shall consist of the Executive Committee 

of the Buffing and Polishing Composition Manufacturers Association, 

two representatives that may be elected by the nonmembers of the 

above association in a way satisfactory to the Administrator, if they 

so desire, and not more than three representatives that may be appointed by the President if he so desires to represent the National 

Recovery Administration who shall act in an advisory capacity and 

shall have no vote. The Code Authority shall complete their own 

organization by the election of officers. 

(b) Any member of the Industry is eligible for membership in 

the Code and there shall be no inequitable restrictions on such membership. Any such member may participate in the preparation and 

any revision of and additions or supplements to this Code by paying 

the proper pro rata share of the cost and responsibility of creating 

and administering it, either by becoming a member of the Association or by paying his proper share of the costs to the Code Authority. 

(c) 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 hearings 

as he may deem proper; and thereafter if he shall find that the Code 

Authority is not truly representative or does not in other respects 

comply with the proVIsions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

2. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act and subject to review by the 

Administrator. 

19507°----188-155----33----2 
4 

(a) To collect from members of the Industry all data, reports, 

and statistics when and as required by the President and/or the 

Administrator and/or their agent or agents and/or the Code Authority. Such information shall be held confidential by the Code 

Authority. Each such member shall send his data signed by an 

officer, partner, or owner of such member to the agent of the Code 

Authority. This agent shall assemble all such data and present to 

the Code Authority only the combined totals. Each such member 

shall retain copies of h1s own data to be sent direct by h.im to the 

Administrator, if required by the latter. Reports submitted by 

the Code Authority to the President and/or the Administrator shall 

be in the form prescribed and/or approved by him. 

(b) To represent the Industry in conferring with the President or 

his agents with respect to the administration of this Code and in 

respect to the Act and any regulation issued thereunder. 

(c) To hear and investigate complaints and attempt to adjust the 

same in accordance with law. 

(d) To coordinate the administration of this Code with such Codes, 

if any as may be adopted by any subdivision of this Industry, or 

any reiated Industry, with a view to providing joint and harmonious 

action on all matters of common interest, all with the approval of 

the Administrator. 

(e) To study the trade practice provisions of Article VII and the 

operation thereof, and mal{e recommendations from time to time to 

the Administrator which it deems desirable for modification or addition thereto, which upon the approval of the President or the Administrator, after such hearing as he may prescribe, shall become a 

part of this Code and have full force and effect as provisions hereof. 

(f) To make rules and regillations necessary for the administration of this Code, subject to the right of any affected person to appeal 

to the Administrator. 

(g) In addition to information required to be submitted to the 

Code Authorit:y there shall be ·furnished to Government agencies 

such statistical1nformation as the Administrator may deem necessary 

for the purpose recited in Section III (a) of the Act. 

ARTICLE VII-UNFAIR TRADE PRACTICES 

For all purposes of this Code the following acts shal'l constitute 

unfair practices and each such act shall be a violation of this Code. 

(a) Making or promising to any purchaser or prospective purchaser of any product, or to any officer, employee, agent, or representative of any such purchaser, or prospective purchaser, any bribe, 

~ratuity, gift, or other payment or remuneration, directly or 

Indirectly. 

, (b) Procuring, otherwise than with the consent of a. member of 

the Industry, any secret or confidential information concerning the 

business of such member. 

(c) Disseminating, publishing, or circulating any false or misleading information relative to any product, or price for any product1 of any member of the Industry, or the credit standing or ability of 

any member thereof to perform any work or manufacture or produce 

any product in the Industry or to the conditions of employment 

among the employees of any member thereof. 
5 

(d) Payment or allowing to any purchaser in connection with 

the sale of any product any rebate, commission, credit, discount, or 

similar concession other than is permitted by the Code and specified in the order or contract of sale. 

(e) Inducing, or attempting to induce, by any means any party 

to a contract with another member of the Industry operating under 

this Code to violate such contract. 

(f) Aiding or abetting any member of the Industry in any unfair 

practice in the Industry. 

(g) Making or giving to any purchaser of any product of the 

Industry any guarantee or protection in any form against decline 

jn the market price of such product. 

(h) Making any sale or contract of sale of any product of the 

Industry under any misleading or false description. 

(i) Making excessive allowances or adjustments to a customer for 

alleged defective merchandise or alleged shortages. 

(j) Improperly dating any invoices. 

(k) Making of more favorable terms of payment than the standard 

terms adopted by the Industry which are 30 days net, 1% for cash 

if paid within 10 days. These terms may be extended to 1% on the 

25th of the month on invoices dated from the first to the fifteenth of 

the month, and 1% on the lOth proximo for invoices dated from the 

16th to the end of the month. 

(1) Making contracts or accepting firm order for a term exceeding 

three months from the beginning of the month next following the , date of contract or contracts for other than a definitely stated quantity, plus or minus 10%; or making contracts or acceJ?ting firm orders 

which do not contain the following clause which IS a part of the 

standard contract as adopted by the industry: "Prices on any undelivered portion of this contract are subject to increases or decreases due to federal legislation affecting the sellers cost and delivery may be modified to the extent necessitated by any such governmental actions or legislation or strikes or labor trouble or conditions over which we have no control." 

(m) Extending any contract beyond its date of maturity. 

(n) Failure to use quantity differentials which may be adopted by 

each member of the Industry, and filed with the Code .Authority. 

ARTICLE VIII-INDUSTRY REGULATIONS 

Every manufacturer shall use an accounting and cost-finding system which conforms to the principles of, and is at least as detailed 

and complete as the uniform and standard method formulated or 

approved by the Code Authority, subject to the approval of the 

Administrator. 

No manufacturer shall sell or exchange any product of his manufacture at a price that will result in the customer paying for the 

goods received less than the cost to the seller, such costs to be determined in accordance with the uniform and standard methods hereinabove prescribed. 

ARTICLE IX-GENERAL 

(a) Each employer shall post in conspicuous places full copies of 

this Code. 
6 

(b) Employees shall have the right to organize and bargain collectively throu~h representatives of their own choosing, and shall 

be free from Interference, restraint, or coercion of employers of 

labor, or their agents, in the designation of such representatives or 

in self-organizatiOn or in other concerted activities for the purpose 

of collective bargaining or other mutual aid or protection. 

(c) No employee and no one seekin~ 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 

(d) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved or prescribed by the President. · (e) This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provision of subsection (b) of Section 10 of the Act, from time to time 

to cancel or modify any order, approval, license, rule, or regulation 

issued under Title I of said Act and specifically, but without limitationJ to the right of the President to cancel or modify his approval 

of tllis Code or any conditions imposed by him upon his approval 

thereof. 

(f) Within each State, members of the Industry shall comply with 

any laws of such State imposing more stringent requirements regulating the a~e of employees, wages, hours of work, or- health, fire, or 

general working conditions than under this Code. 

(g) vVhere the costs of executing contracts entered into in this 

Industry are increased as a result of the enactment of the Act and by 

the provisions of this Code, or where any contracts entered into by 

an employer subject to this Code, are inconsistent with the provisions 

thereof, it is equitable and promotive of the purposes of the Act that 

appropriate adjustments of such contracts be arrived at by arbitral 

proceedings or otherwise and with the assistance of the Code AuthorIty members of the Industry will endeavor to make such adjustments. 

(h) Such of the provisions of this Code as are not required to be 

included therein by the Act may, with the apJ?roval of the President, 

be modified or eliminated as changes in the circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code or additional codes will be submitted 

for the approval of the President to prevent unfair competition in 

price and other unfair and destructive competitive practices and to 

effectuate the other purposes and policies of Title I of the Act consistent with the provisions thereof. 

(i) No provision in this Code shall be interpreted or applied in 

such manner as to : ( 1) Promote monopolies or monopolistic practices, (2) permit or encourage unfair competition, (3) eliminate or 

oppress small enterprises, or ( 4) discriminate against small enterpnse. 

(j) If any employer in this Industl'Y is also an employer in any 

other industry, the provisions of this Code shall apply to and affect 

only that part of the business of such employer which IS a part of the 

Industry covered by this Code. 

(k) This Code shall be in effect immediately upon its approval by 

the President and shall apply to all persons engaged in the Industry. 

0