Approved Code No. 284 Registry No. 1016-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

POTTERY SUPPLIES AND 

BACKW ALL AND RADIANT 

INDUSTRIES 

U. 

AS APPROVED ON FEBRUARY 16, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 193' 

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Approved Code No. 284 

CODE OF FAIR COMPETITION 

FOR THE 

POTTERY SUPPLIES AND BACKW ALL AND 

RADIANT INDUSTRIES 

As Approved on February 16, 1934 

ORDER 

APPROVING ConE OF FAIR COMPETITION FOR THE POTTERY SurrLrns AND 

B,1cKWALL AND RADIANT INDUSTRIES 

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 lG, 1933, for approval of a Code of 

Fair Competition for the Pottery Supplies and Backwall and Radiant Industries, 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 President, including Executive Order No. 6543-A, dated December 30, 

1933, and otherwise; do hereby incorporate by reference said annexed 

report and do find that said Code complies in all respects with the 

pertinent provisions and will 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. 

HUGH s. JOHNSON' 

Admriwistrator for Industrial Recovery. 

Approval Recommended: 

GEO. L. BERRY, 

Division Administrator. 

w ASHINGTON, D.C., 

February 16, 1934. 

40872°-376-83-34 (539) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

T lie White H ou.se. 

Sm: A Public H earing on the Code of Fair Competition for the 

Pottery Supplies Industry, submitted by a Code Committee representing 70 percent of said Industry was held in Washington on the 

20th of November, 1933, in accordaw·e with the provisions of the 

National Industrial Recovery Act. 

Subsequently, a Code Committee representing approximately 90 

percent of the Backwall and Radiant Industry petitioned the Administration to bring that Industry under the provisions of the Code for 

the Pottery Supplies Industry by incorporating members of their 

Industry as co-proponents of the said Code. A Public Hearing was 

held on January 22, 1934 for the purpose of bringing about the above 

change, and incorporating in the Code for the Pottery Supplies Industry certain provisions necessary for the government of the Backwall and Radiant Industry. The name of the Code has now been 

changed to Code of Fair Competition for the Pottery Supplies and 

Ba ckwall and Radiant Industries. 

Mr. H. S. Rus. ell of the Louthan Manufacturing Company of East 

Liverpool, Ohio is Chairman of the Code Committees of both 

Industries. 

The maximum hours permitted under this Code are 40 per week. 

Excepted from these maximum hours are kiln loaders and clay 

makers who may work 50 hours per week, with time and one-third for 

all hours over 40 per ·week; also excepted are watchmen who may 

work 42 hours per week when averaged over a period of two weeks; 

also excepted are kiln firemen and engineers, the former of whom 

may "\York 48 hours per week and the latter 56 hours per week, provided, that they are paid time and one-third for all hours worked 

per week in excess of 40. 

The minimum wage is 40¢ per hour for males and 32¢ per hour for 

females. Clerical employees are to be paid $16.00 :per week of 40 

hours. ,vhere female employees perform substantially the same 

"\York a males they shall receive the same rate of pay as male 

employees. . 

There are 5 establishments engaged in the Pottery Supplies Industry with an estimated invested capital of $630,000. Sales in this 

Indu try declined $250,000 from i929 to 1933. 

There are also 5 establishments engaged in the Backwall and 

Radiant Industry with an estimated invested capital of $800,000. 

Sale in thi Industry declined from $1,200,000 in 1929 to $350,000 

jn 1933. 

There has been a decline in the price of the products of both of 

these industries and this decline is reflected in the · sales. Products 

of the P ottery Supplies Industry are used by the manufacturers 

(540) 
541 

of pottery and chinaware and those of the Backwall and Radiant 

Industry are used by the manufacturers of stoves, furnaces and other 

heating devices. 

The number of employee in the Pottery Supplies Indu try declined from 200 in 1929 to 135 in 1933. It is estimated that under 

the provisions of the Code employment for 30 additional wage 

earners will be provided. This will be an increase of 22% . The 

increase in the annual payroll is estimated to be 40%. 

In 1929 the Backwall and Radiant Industry had 380 employees 

which had declined to 220 in 1933. The Code will provide employment for 60 additional wage earners, an increase of 27% . The 

increase in the annual payroll is estimated to be 38%. 

FINDIXGS 

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 proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes 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 provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, 

by inducing and maintaining united action of labor and management 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 employees; and is not lassified 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 

aforesaid 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 monopolistic practices. 

( e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operatB 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. 

This Industry has cooperated in a most satisfactory manner with 

the Administrator in the preparation of this Code. From evidence 
542 

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 

solution for this industry and for these reasons this Code has been 

approved. 

Respectfully, 

FERBUARY 16, 1934. 

HUGH s. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITIO FOR THE POTTERY SUPPLIES AND BACRJVALL AND RADIANT INDUSTRIES 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the ational Industrial 

Recovery Act, this Code is established as a Code of Fair Competition for the Pottery Supplies and Backwall and Radiant Industries, 

and its provisions shall be the standards of fair competition for such 

industries and shall be binding upon every member thereof. 

ARTICLE II-DEFI:NITIO:XS 

1. The term" Pottery Supplies Industry" as used herein is defined 

to mean all the articles manufactured from clav which are u ed in 

the processing of pottery, viz : Pins, Stilts, Spur;, Saddles, Thimbles, 

Saggers, Bats, Props, and articles of a like nature. 

2. The term "Backwall and Radiant Industry" as 1ised herein is 

defined to mean all of the articles manufactured from clay which 

are used in the manufacture of Heating Stoves, Furnaces and like 

equipment, Yiz: Backwalls, Radiants, Baffles and articles of a like 

nature. 

3. The term "member of these industries" includes, but without 

limitation, any individual, partnership, association, corporation or 

other form of enterprise engaged in these industries, either as an 

employer or on his or its own behalf. 

4. The term "employee" as used herein includes any and all persons engaged in these industries, howe-,er compensated, except a 

member of these industries. 

5. The terms "Act" and "Administrator" as used herein mean respectively Title I of the National Industrial RecoYery Act, and the 

Administrator for Industrial Recovery. 

ARTICLE III-HoURs 

1. No employee shall be permitted to work in excess of forty ( 40) 

hours in any one week nor more than eight (8) hours in any one day, 

except as herein otherwise provided : 

(a) Employees engaged in the loading of kilns and making of 

clay may work not in excess of fifty ( 50) hours per week or ten (10) 

hours in any twenty-four (24) hour period, provided, that time and 

one-third shall be paid for all hours worked by any such emplo} ee 

in excess of forty ( 40) hours per week. 

2. Watchmen may be employed in pairs and shall work thirty-six 

(36) and forty-eight hours on alternate weeks, or not more than 

forty-two (42) hours per week averaged over any period of two (2) 

weeks. 

(543) 
544 

3. The maximum hours fix cl in Section 1 shall not apply to an) 

employee on emergency repair work involving breakdowns or pro• 

tection of life or property, but in any such special case at least 

one and one-third times his normal rate shall be paid for all hours 

worked in exce s of the maximum hours herein provided. 

4. The aboYe provisions shall not apply to employees engaged in a 

managerial, supervisory or executive capacity who receive over 

thirty-five dollars ($35.00) per week. 

5. Kiln firemen may be permitted to "vork not more than fortyeight ( 48) hours per week, and engineers may be permitted to 

work not more than fifty-six ( 56) hours per week, provided, however, that time an l one-third shall be paid for all hours worked in 

excess of forty ( 40) hours· per week. 

6. No employee shall be permitted to work for a total number 

of hours in exce s of the hours prescribed, whether he be employed 

by one or more em players. 

ARTICLE IV-vv AGEs 

1. No male employee shall be paid less than forty cents ( 40¢) 

per hour and no female employee shall be paid less than thirtv-two 

cents (32¢) per hour, provided, however, that female empioyees 

performing substantially the same work as male employees shall 

receive the same rate of pay. 

2. No clerical or office employee shall be paid at a rate of less 

than sixteen dollars ($16.00) per week of forty ( 40) hours. 

3. This Article establishes a minimum rate of pay regardless of 

whether an employee is compensated on a time-rate, piece-work 

performance or other basis. 

4. It is the policy of members of these industries to refrain from 

reducing the rate of compensation for employment, which rate was 

prior to June 16, 1933, in excess of the minimum wage rate 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 these industries shall endeavor to 

increase the pay of all employees in excess of the minimum wage 

herein set forth by an equitable adjustment of all pay schedules. 

5. ~ rages shall be paid only in cash or by negotiable check of 

eYen date at intervals of not more than sixteen (16) days to cover 

the work done in the preceding work period. These wages shall 

be exempt from any payments for pensions, insurance or sick benefits 

other than those voluntarily paid by the wage earner or required by 

law. No employer shall withhold wages without the consent of 

the employee. 

ARTICLE V-GENERAL LABOR PROYISIONS 

1. No person under sixteen (16) years of age shall be employed 

in these industries. No person under eighteen (18) years of age 

shall be employed at operations or occupations which are hazardous 

in nature or· dangerous to health. The Code Authority shall submit 

to the Administrator a list of such operations or occupations. In 

any State an employer shall be deemed to have complied with this 
545 

prov1s1on as to age if he shall have on file a certificate or permit 

duly signed 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 ection 7 (a) of the Act it i provided: 

(a) That employees shall have the right to organize and bargain 

collectively through representatives of their own choo ing, and shall 

be free from the interference, re -traint or coercion of employers of 

labor, or their agents, in the designation of uch 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 as i ting 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 emplo3 ment, 

approved or prescribed by the President. 

3. No provision in this Code shall supersede any law, State or 

Federal, which imposes on employers more stringent requirements 

as to age of employees, wages, hours of work, safety, health, sanitary 

or general working conditions, than are imposed by this Code. 

4. No employer shall contract his work to any person except when 

such person is subject to the provisions of this Code or another code 

adopted for the industry in which such person is engaged. 

5. No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge for the purpose 

of defeat.ing the purposes or provisions of the Act or of this Code. 

6. If any employer of labor in these industries is also an employer 

of labor in any other industry, the frovisions of this Code shall 

apply to and affect only that part o his business covered by this 

Code. 

7. Every employer shall make reasonable provisions for the 

safety and health of his employees at the place and during the 

hours of their employment. 

8. Each employer shall post and keep posted complete copies of 

this Code in conspicuous places accessible to all employees. 

ARTICLE VI-ADMINISTRATION 

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 five ( 5) members to be chosen by the Pottery Supplies Industry 

and five (5) member to be chosen by the Backwall and Radiant 

Industry, through a fair method of selection approved by the Administrator. The Administrator in his discretion may appoint not 

more than three (3) additional members without vote, and without 

compensation from these industries, to serYe for such period of 

time and to represent the Administrator or such group or groups 

as he may designate. 
546 

2. In order that the Code Authority shall at all times be truly 

representative of these industries 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 

re pects comply with the provisions of the Act, he may take such 

action as he may deem necessary under the circumstances. 

3. :Members of the Industries 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. Such 

reasonable share of the expenses of administration shall be determined by the Code Authority, subject to review by the Administrator, on the basis of volume of business and/ or such other factors 

a may be deemed equitable. 

4. 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 hereunder, be liable to anyone for any action or omission to act under 

this Code, except for his own willful mis-feasance or non-feasance. 

POWERS AND .DUTIES 

5. The Code Authority shall have the following further powers 

and duties: 

(a) To administer the provisions of this Code, provide for the 

compliance of these industries with the provisions of the Act, and 

to propose amendments, exceptions and/ or modifications, which, 

when approved by the Administrator after such notice and hearing 

as he may specify, shall become a part of this Code and have the 

same force and effect as any other provision hereof. 

(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 these industries 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 government agencies as the Administrator may designate; provided that 

nothing in this Code shall relieve any member of these industries of 

any existing obligations to furnish reports to any government 

agency. No individual reports shall be disclosed to any other member of these industries or any other party except to such governmental 

agencies as may be directed by the Administrator. 

( d) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to these industries. 
547 

( e) To cooperate with the Administrator in regulating the u e of 

any N.R.A. insignia solely by those members of these industries who 

have assented to, and are complying with, this Code. 

( f) To secure from members of these industries 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 

and approved by the Administrator. 

6. If the Administrator shall determine that any such 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 £or investigation of the 

merits of such action and further consideration by such code authority or agency pending final action which shall not be effective unless 

the Admini trator approves or unless he shall £ail to disapprove after 

thirty (30) days' notice to him of intention to proceed with such 

action in its original or modified form. 

ARTICLE VII-TRADE PRACTICES FOR Bon-1 I:~mu TRIES 

The commission by any member of the e industries of any of the 

acts prohibited by this article shall constitute an unfair method of 

competition and a violation of this Code. 

1. No member of these industries shall brand or mark or pack 

any goods in any manner which is intended to or does deceive or 

mislead J?Urchasers with respect to the brand, grade, quality, quantity, origin, size substance, character, nature, finish, material, content 

or preparation of such goods. 

2. No member of these industries shall make or cause or knowingly permit 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 preparation of any product of these industries, 

or the credit terms, values, policies or services of any member of 

these industries, or otherwise, having the tendency or capacity to 

mislead or deceive customers or prospective customers. 

3. No member of these industries 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 su<;h agent, or the represented party, 

without the knowledge of such employer, principal or party. ommercial 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 £or commercial 

bribery as herein defined. 

4. No member of these industries 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. 

5. No member of these industries shall secretly off er or make any 

payment or allowance of a rebate, refund commission, credit, 

unearned discount or excess allowance, whether in the form of money 
548 

or otherwise, nor shall any member of these industries secretly offer 

or extend to any customer any special service or privilege not 

extended to all customers of the same class, for the purpose of 

influencing a sale. 

6. No member of these industries shall offer or give prizes, premiums, or gifts in connection with the sale of products, or as an 

inducement thereto, by any scheme which involves lottery, misrepresentation or fraud, provided nothing contained herein shall be construed to alter in any \Vay the provisions of Section 3 of this Article. 

7. No member of these industries shall cause the defamation of 

competitors by falsely imputing to them dishonorable conduct, inabjlity to perform contracts, questionable credit standing, or by 

other false representation or by the false disparagement of the grade 

or quality of their goods. 

8. No member of these industries shall publish or circulate unjustified or unwarranted threats of legal proceedings which tend to 

or have the effect of harassing competitors or intimidating their customers. Failure to prosecute in due course shall be evidence that 

any such threat is unwarranted or unjustified. 

9. No member of these industries shall secure confidential information concerning the business of a competitor by false or misleading 

statement or representation, or by a false impersonation of one in 

authority, or by bribery, or by any other unfair method. 

10. No member of these industries shall lmowingly withhold from 

or insert in any quotation or invoice any statement that makes it 

inaccurate in any material particular. 

11. No member of these industries shall deliver quotations which 

do not include freight and package charges. 

12. 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 practice or method is unfair, providing that such adjudication or holding is not inconsistent with any 

provision of the Act or of this Code . 

.ADDITIONAL TRADE PRACTICES .APPLYING ONLY TO THE BACKWALL AND 

RADIANT INDUSTRY 

13. No member of the Backwall and Radiant Industry shall ship 

goods on consignment except under bona fide contract or order. 

14. No member of the Backwall and Radiant Industry when furnishing dies, patterns, molds or tools necessary for production of 

special shapes shall cha.rge less than his individual cost for such 

equipment. 

15. No member of the Backwall and Radiant Industry shall quote 

terms of sale more favorable than two percent (2%), ten (10) days 

or thirty (30) days net from date of invoice, except to such customers 

who on account of their accounting systems prefer to pay twice 

monthly or once monthly, in which' case the two percent (2%) may 

be deducted if paid not later than the tenth (10th) day of the following month. 

ARTICLE VIII-SALES PROVISIONS 

1. The Code Authority shall prescribe an adequate method for 

cost finding, ·capable of uniform application within these industries 
549 

which thirty (30) day after its approYal by the Admini -trator, 

shall be used by all member of these industries a · a ba i for determjning individual cost, and thereafter no member 0f these inclu tries 

shall sell such products below hi · individual co t as determined by 

the use of such cost finding method, except a · hereinafter provided. 

2. Any member of these industries may clispo ~e of proJucts which 

are known as se ands, clo e-out number · and ample tock below 

co t, provided he fil:·st submits to the o le Authority by registered 

mail a descriptive li t of such product . together with quantities and 

prices at which they will be offered for sale, and the price so named 

shall not be reduced unless and until such member files r eYisecl price 

lists with the Code Authority. Thereafter, upon the sale of such 

products, such members shall immediately notify the Code Authority 

advising the name and address of the buyer. 

3. Any member of these industries: in order to meet bona fide com, 

petition in any specific instance, may sell the product of these industries at a price not less than the lowest competing cost of comparable 

items. 

4. "'\Vhen such cost finding method hall have been adopted a prescribed above and it appears to the Code Authority that a member 

of the industry is selling his products in violation of this article, it 

may require such member to furnish complete information relating to 

his cost, which shall be verified by a certified, registered, chartered 

or any other lawful practitioner of public accountancy. All such 

data and statistics shall be and remain confidential as between the 

member submitting the same, the Code Authority and the Administrator or his duly appointed representative, depending upon the 

necessities in each case. 

ARTICLE IX-MomFICA TION 

1. This Code and all the provisions thereof are expressly made 

subject to the right o:f the President, in accordance with the provisions 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 this 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 circumstances, such modifications or amendments to be based upon 

application to the Administrator and such notice and hearing as he 

shall specify, and to become effective on approval of the President, 

unless otherwise provided. 

ARTICLE X-MoNOPOLIEs, ETc. 

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 XI-PRICE INCREASES 

1. Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consumation if price~ of good and 

servicea increase as rapidly as wages, it is recognized that price 
550 

increases except such as may be required to meet individual cost 

should be delayed, but when made such increases should, so far as 

possible, be limited to actual additional increases in the seller's costs. 

ARTICLE XII-EFFECTIVE DATE 

This Code shall become effective on the tenth day after its 

approval by the President. 

Approved Code No. 2S4. 

Registry No. 1016-05. 

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