Approved Code No. 189 Registry No. 1001-02 

NATIONAL RECOVERY ADMINISTRATION 

'CODE OF FAIR COMPETITION 

FOR THE 

COATED ABRASIVES 

INDUSTRY 

AS APPROVED ON DECEMBER 30, 1933 

BY 

PRESIDENT ROOSEVELT 

1. Executive Order 

2. Letter of Transmittal 

3. Code 

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WASHINGTON : 1934 

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(II) 
Approved Code No. 189 . 

CODE OF FAIR COMPETITION 

FOR THE 

COATED ABRASIVES INDUSTRY 

As Approved on December 30, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

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 Coated Abrasives Industry, and hearin~s 

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. 

FRANKLIN D. ROOSEVELT. 

Approval recommended: 

H uGH S. JoHNSoN, 

Administrator. 

THE 'iV HITE HousE, 

December 30, 1933. 

28885"----296-73----33 (549) 
The PRESIDENT, 

DECEMBER 14, 1933. 

The White House. 

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

Coated Abrasives Industry in the United States, the hearing haYing 

been conducted in 'V ashington on October 5, 1933, in accordance with 

the provi ions of the National Industrial Recovery Act. 

PROYISIONS FOR HOUR AND WAGES 

The maximum hours provided for factory workers are 40 per 

week and 8 per lay, except during peak periods when 36 additional 

hour · will be permitted in any 3 months' period but not more than 

4-8 hours in any one week. Time and one half for hours in excess of 

40 per week and 8 per day will be paid to the above employees. 

Exceptions to the above hour limitation apply to employees on maintenance work 'IYho will be limited to 44 hours in any 3 months' period 

and 48 hour in any one week, to the Coating Department where 

workers using perishable glue will be permitted to work 48 hours a 

week. Employees on emergency work, executives, supervisors, and 

salesmen are not limited in hours. Shipping crews will be limited to 

48 hours a week, and will be paid the one and a hal£ rate for time in 

excess of 44 hours a week and 9 hours a day. Office employees will 

be limite l to 40 hours a veragecl over a 3 months' period and 48 hours 

in any one week, and watchmen to 56 hours. · The mjnimum wage to factory workers will be 40 cents an hour4 

except on light work for which male employees under 18 years and 

female employee will be paid a minimum of 35 cents. On other 

than light work, female employees and male employees, under 18 

years, will be paid the 40-cent minimum. 

CIDLD LABOR 

The minimum age of employees will be 16 years, except in hazardous occupations, where the minimum will be 18 years. 

ECONOl\IIC EFFECT OF CODE 

The 40-bour normal week as provided by the Code and put into 

effect after June 16, 1933, has added 435 persons to the 1,051 employees in June 1933 a 40 percent gain. This present number is 247 

more than in 1929, when the working time averaged 50 hours a week. 

In . pite of a drop in sales volume from $15,000 000 in 1928 to 

$10.000,000 in 1932, or 33 percent, employment has actually increased 

in this indus try. 

The wage rates provided by the Code will increa e the minimum 

pay for female employees and male employee between the ages of 

16 and 18 years, raise the minimum for all other operation , and 

will re ult in an appreciably higher average for all workers in the 

industry. 

(550) 
551 

FINDINGS 

The Administrator finds that: 

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

pertinent provisions of Title I of the Act, includin?i, without limitation, subsection (a) of Section 7 and u b ection ~b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictious on 

admission to membership therein and is truly representative of the 

Coated Abrasives Industry; and that 

(c) The Code as recommended is not de igned to promote monopolies or to eliminate or oppress small enterprises 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, 

Hcan S. J OH.NSON, 

id'minist1·ator. 
CODE OF FAIR COMPETITION 

FOR THE 

COATED ABRASIVES INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are sub1nitted as a Code of 

. Fair Competition for the Coated Abrasives Industry, and upon 

approval by the President shall be the standard of fair competition 

for such industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term "Coated Abrasives Industry" or "Industry" as used 

herein includes the manufacture of Coated Abrasive Products comprising a backing of paper and/ or cloth or other cellulosic backing 

1n which a coating of abrasive grains is bonded to the backing by 

means of an adhesive after the manner of sandpaper and other 

products incidental or correlated thereto. 

The term ":Member of the Industry" as used herein includes any 

manufacturer who shall be subject to this Code. 

The term " Employee " as used herein includes anyone engaged in 

the Industry in any capacity receiving compensation for his services, 

irrespective of the nature or method of payment of each compensation. 

The term ' Employer " as used herein includes anyone by whom 

any employee is compensated or employed. 

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

The te1m "Member of the Code" as used herein includes any 

member of the Industry who shall expressly signify assent to this 

Code. 

The term "Act" as used herein means Title I of the National 

Industrial Recovery Act. 

The term " President " as used herein means the President of the 

United States. 

Population for the purposes of this Code shall be determined by 

reference to the 1930 Federal Census . . 

ARTICLE III-HouRs 

SECTION 1. No employee shall work or be permitted to work in 

excess of forty ( 40) hours in any seven (7) day period or in excess 

of eight (8) hours in any twenty-four (24) hour period, except as 

follows: 

(a) Employee in a managerial, executive, or supervi ory capacjty (not including under foremen or bo ses engaged on production 

(552) 
553 

work) receiving not less than thirty-five dollars ($35.00) or more 

per week, and employees engaged on emergency maintenance and 

emergency repair work involving breakdowns or protection of life 

or property, and commercial traveling salesmen. 

(b) Accounting, clerical, office, service, and sales employees, who 

may, except, as hereinafter provided, be permitted to work not more 

than a maximum week of forty (40) hours averaged over a three 

(3) month period; provided, however, that such employees shall not 

be employed more than forty-eight ( 48) hours in any one week. 

(c) Factory and mechanical workers and artisans, who during 

periods in which a concentrated demand upon any division of the 

Industry shall place an unusual and temporary burden for production upon its facilities, shall be permitted to work not more than 

thirty-six (3()) additional hours in any three ( 3) months period, 

but not more than forty-eight ( 48) hours in any seven (7) day 

period. 

(d) Watchmen who shall not be permitted to work in excess of 

fifty-six (56) hours in any seven (7) day period. 

(e) Employees on aut01noti ve or horse-drawn passenger, express, 

delivery, or freight service, including shipping crews, who shall be 

permitted to work such hours as may be necessary, but not in excess of forty-eight (48) hours in any seven (7) day period· provided that such employee shall be pa1d at the rate of not less than 

one and one half (11h) times their regular hourly rate for all hours 

worked in excess of nine (9) hours in any twenty-four (24) hour 

period, or forty-four (44) hours in any seven (7) clay period. 

(f) Engineers, firemen, water tenders, and oilers, who may be 

permitted to work an average of forty-four (44) hours in any 

three (3) month period, but not in excess of forty-eight (48) hours 

in any seven (7) day period. 

(g) Employees engaged in coating operations, who may be permitted to work a maximum of forty-eight ( 48) hours per week, 

during any period when raw materials used in such operation may 

be subject to deterioration and consequent loss. 

SEc. 2. Any employee, included under Section 1 (a), (c), (f), 

and (g) of this Article III, except employees in a managerial, executive, or supervisory capacity and commercial travelling salesmen, 

working in excess of eight (8) hours in any twenty-four (24) hour 

period or in excess of forty ( 40) hours in any calendar week shall 

be paid for such excess hours not less than one and one half (11/2 ) 

times the regular hourly rate of such employee. 

SEc. 3. If any employee works for more than one employer, no 

such employer or employers shall permit such employee to work for 

a total number of hours in excess of the number of hours prescribed, 

and all employers in the Industry shall exercise due diligence to 

carry out the purposes of this Section. 

SEc. 4. No employee shall be employed for more than the maximum number of hours hereinabove provided, whether by one or more 

employers; provided that if any employee should be employed by 

more than one employer for an aggregate period in excess of such 

maximum without the knowledge or connivance of anY one of such 

employers, such employer shall not be deemed to have violated this 

Section. • 
• 

554 

ARTICLE IV-\Y .AGES 

SEcTION 1. Except as hereinafter provided, no male employee 

eighteen (18) years of age or over, shall be paid at a rate of less than 

forty ( 40) cents pe~ hour; and no male employee, between the ages 

of sixteen (16) and eighteen (18) years, who is engaged in light work 

such as inspecting, counting abrasive and other hght sheets, making 

light 1 ackages, stenciling and stamping the sheets and placing them 

in reams, nor any female employee enzaged in such light work shall 

be _paid at a rate of less than thirty-hYe (35) cents per hour. 

SEc. 2. Female employees, and male employees under eighteen (18) 

years of age, performing substantially the same work as male employees, eighteen (18) years of age and over, shall receive the same 

rate of pay a. such male employee , eighteen (18) years of age and 

over. 

SEc. 3. Except as hereinafter provided, the minimum wage that 

shall be paid to any accountant, clerical or office employee (not including traveling salesmen) shall be fifteen ($15) dollars per week 

in any city of over 500 000 population or in the immediate trade 

area of such city; not less than fourteen dollars and fifty cents 

($14.50) per "·eek in any city of between 250,000 and 500,000 population or in the immediate trade area of such city; and not less than 

fourteen ($14) dollars per week in any city of between 2,500 and 

250,000 population or in the immediate trade area of such city. In 

towns of les than 2,500 population, all \\ages of such employees 

shall be increa eel not less than twenty (20) percent2 provided that 

this increase shall not require wages in excess ot twelve ($12) 

dollar per '"eek. 

SEc. 4. Office boys and girls and me sengers shall be paid at a 

rate of not less than eighty ( 80) percent of the minimum salary 

provided in Section ( 3) of this Article IV, provided that such office 

boys and girls and messnngers so paid shall constitute not more than 

five ( 5) percent of the total number of employees of any one employer; but in any case, such employer shall be entitled to employ 

two (2) such employees. 

SEc. 5. This Article IV establishes a minimum rate of pay, regardless of whether the employee is compensated on the basis of a 

time-rate or a piecework performance or otherwise. 

SEc. 6. A person whose earning capacity i.s limited because of age 

or physical or mental handicap may be employed on light work at 

a wage below the minimum established by this Code if the employer 

obtains from the State authority designated by the United States 

Department of Labor a certificate authorizing his employment at 

such wages and for such hours as shall be stated in the certificate; 

provided that such employees so paid shall constitute no more than 

five ( 5) percent of the total number o.f employees of such employer; 

but in any ca e such employer shall be entitled to employ two (2) 

such employees. Each employer shall file with the Code Authority 

a list of all such persons employed by him. 

SEc. 7. The wage rates for all operations and duties shall be 

equitably adjusted when this Code becomes effective, and in making 

such adjustments in no case shall the hourly rate be decreased . 

Each member of the Indu try shall report all such adjustments to 

the Code Authority within 30 clays of the effective date. 
555 

SEc. 8. No members of the industry shall reclassify any employee 

or duties or occupations performed by such employee so as to defeat 

the purposes of the Act. In determining his classification under 

this Code, each employee shall be entitled to claim the benefits of the 

classification of occupation existing on J nne 16, 1933. 

ARTICLE V-CHILD LABOR 

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

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 th~ Administrator 

before February 1, 1934, a list of such operations or occupations. 

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

provision as to age if he shall have on file a valid 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. 

ARTICLE VI-GENERAL LABOR Pnon, IONS 

SE TION 1. Employees shall have the right to organize and bargain collectively through representatives of their own choo ing, 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. 

SEC. 2. 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. 

SEc. 3. Every employer shall make reasonable provision for the 

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

of their employment. Standards for safety and health shall be submitted by the Code Authority to the Administrator for approval 

within six (6) months after the effective date of this Code. 

SEc. 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. 

SEc. 5. \Vithin each State this Code shall not supersede any laws 

of such State imposing more stringent requirements on employer 

regulating the age of employees, wages, hours of work~ or health, 

fire, or general working conditions than under this Code. 

SEc. 6. Each employer shall post in conspicuous places full copies 

of thi Code. 

ARTICLE \ II-Aoi\JINISTRATION 

SECTION 1. For the purpose of ca rrying into effect the policies set 

forth in the National Industrial Recovery Act, the Board of Directors of the Coated Abrasi-ves Association, and additional membership 

including not more than three (3) members without vote, to be appointed by the Administrator if he so desires, shall constitute a 
556 

General Planning Committee which ·hall be known as the Code 

Authority qf the Coated Abrasives Industry. The President of the 

Coated AbrasiYes Association shall preside oyer the Code Authority, 

but shall not be entitled to vote. 

No decision of the Code Authority shall be binding unless concurred in by 51 percent of the members thereof, provided that at 

least one member repre enting less than 20 percent of the volume 

in dollars of net sales shall be included in the 51 percent, and members representing 75 percent in volume in dollars based upon the 

preceding year's volume figures in dollars as shown by the records 

of the Coated AbrasiYes Association. 

SEc. 2. Each trade or industrial association directly or indirectly 

participating in the selection or actiYities of the Code Authority 

shall: (1) Impose no inequitable restrictions on membership, and 

(2) submit to the Administrator true copies of its articles of association, bylaws, regulations, and any amendments when made thereto, 

together with such other information as to membership, organization, 

and actiYities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

SEc. 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 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 ''1th the provisions of the Act, may require an appropriate modification in the method of selection of the Code 

Authority. 

Any member of the Industry who is not a member of the Coated 

AbrasiYes Association may secure representation on the Code Authority by acce_J?ting his proper pro rata share of the cost of creation and administration of the Code and his share of the responsibility of such administration. 

SEc. 4. The Constitution and Bylaws of the Coated Abrasives 

Association shall not be amended so as to impose any inequitable 

restrictions upon membership therein. 

SEc. 5. Any member of the Industry may participate in the 

preparation of any revisions of or additions to the Code by accepting his proper pro rata share of the cost of the creation and administration of the Code and his share of the responsibility of such 

administration, or by becoming a member of the Coated Abrasives 

Association. 

ARTICLE VIII-STATISTICS 

The Code Authority shall collect and compile all reports required 

by the National Industrial Recovery Act. l\1embers of the Industry 

shall furnish such reports to the Code Authority. 

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 necessary 

for the purposes recited in Section 3 (a) of the Act. 
557 

ARTICLE IX-IMPORTS 

The Coated Abrasives Industry is making a special study of the 

conditions surrounding the importation of Coated Abrasives into the 

United States of America. In due course and from time to time it 

may submit complaints to the Pre ident of the United States showing in detail the kinds of Coated Abrasives which are being imported 

into the United State in substantial quantities. Such complaint or 

complaints will include a request pursuant to the laws in such case 

made and provided, that appropriate steps be taken by the President 

to the end that such importations of foreign Coated Abrasives shall 

not defeat the purposes of the National Industrial Recovery Act and 

the provisions of this Code in furtherance thereof. 

ARTICLE X-MONOPOLIES 

No provision in this Code shall be interpreted or applied in such 

a manner as to (a) Promote monopolies; (b) Permit or encourage 

unfair competition; (c) Eliminate, oppress, or discriminate against 

small enterprises. 

ARTICLE XI-MoDIFICATIONs 

SECTION 1. This Code an·d all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of Section 10 (b) of Title I of the National Industrial 

Recovery Act, to cancel or modify any order, approval, license, rule, 

or regulation issued pursuant to the provisions of said Act and 

specifically, but without limitation, to the right of the President to 

cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. 

SEc. 2. Such provisions of this Code as are not required by the 

National Industrial Recovery Act to be included therein, may (with 

the approval of the President provided such approval be required) 

be modified or eliminated by a vote of 51 percent of the members of 

the Industry, provided that at least one member representing less 

than 20 percent o:f the volume in dollars of net sales shall be included 

in the 51 percent, and member. representing 75 percent in volume in 

dollars of net sales based upon the preceding year's volume figures in 

dollars, at a meeting to be called upon ten days' notice by the 

Coated Abrasives Association. 

SEc. 3. This Code shall continue in effect for the period provided 

in the National Industrial Recovery Act, unless sooner terminated 

in accordance with the law in such case made and provided. 

ARTICLE XII-EFFECTIVE DATE 

This Code hall become effective on the second Monday after its 

approval by the President. 

Approved Co<le No. 189. 

Registry No. 1001-02. 

0 
UNIVERSITY OF FLORIDA 

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