Approved Code No. 207 Registry No. 1013-04 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BALL CLAY PRODUCTION 

INDUSTRY 

AS APPROVED ON JANUARY 16, 1934 

' . 

WE DO OUR PART 

1 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHI TGTON: 1934 

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Approved Code No. 207 

CODE OF FAIR COMPETITION 

FOR THE 

BALL CLAY PRO·DUCTION INDUSTRY 

As Approved on January 16, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

BALL CLAY PRODUCTION 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 approv-al of a Code of 

Fair Competition for the Ball Clay Production Industry, and hearings having been duly held thereon and the annexed report on said 

Code, containing findings with respect thereto, having been made and 

directed to the President: 

NOvV, 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. 0543-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, 

Ad1ninistTator for Industrial Recovery. 

Approval Recommended : 

~fALCOLM JYI urn, 

Division Awministrator. 

W ASHINGTON, D.C., 

J anu.ary 16, 1934. 

32301°----313-55----34 (165) 
The PRESIDENT, 

The White Howse. 

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

Clay Production Industry, a hearing on which . was conducted in 

~T ashington on the twelfth of December 1933, in accordance with the 

pro vi ions of the National Industrial Recovery Act. 

L ABOR PROVISIONS OF CODE 

The Code provides for a maximum work day of 10 hours and a 

maximum work week of 40 hours, averaged over a six-months period, 

provided that no employee be permitted to work more than 48 hours 

1n any one \Yeok. The following are excepted: 

(a) Employees in supervisory, out ide ales or clerical capacities 

receiving $85.00 per week or more; 

(b) Employees engaged on emergency maintenance or emergency 

repair work and a limited number of employees (not exceeding 10% 

of the total number of employees in each plant) engaged in several 

specia l operations, all of whom shall be paid at least one and onehalf times the normal rate of pay for time worked in excess of the 

maximum hours above specified. 

The Code provides for minimum rates of pay of $15.00 per week 

for office employees ancl of 37Y2 cents per hour in the North and 30 

cent per hour in the South for other employees. To the extent 

practicable, wages above the minimum are to be equitably readjusted and in no case decreased . . The employment of persons under 16 years of age and, in occupation. hazardous in nature or dangerous to health, of persons under 

18 year of ao·e is prohibited. 

ECOXOl\HC EFFECTS OF THE CODE 

This is a very small industry, but one which is distinct and well 

organized. Employment in the industry has decreased from about 

400 wodrer. · in 1929 to about 260 at the present time. During the 

same period, volume of sales has decreased more than 70% and value 

of sales more than 75 %. . The m]nimum wages provided for in the Code are more than 

100% higher than the minimum wages paid in August of this year, 

and are higher than those paid ih the year 1929. It is believed that 

the Code will increase the total amount paid to labor by this industry 

at least 38%. . 

The normal work week in this industry has been 60 hour~ and the 

restrictions on hours contained in the Code will undoubtedly increase 

e~ploym . According to estimates by the indu.stry, the increase 

Will be about 25 %. (166) 
167 

FINDINGS 

The Assistant 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 matt r; 

I find that: 

(a) Said Code i well designed to promote the poli ies and purposes of Title I of the National Indu trial 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 eliminat- ing unfair competitiYe practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by aYoiding 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 unamployment, by improving tandards of lnbor, and 

by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 em- · 

ployee ; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of ction 7, and ' 

Sub ection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid 

Indn try; and that said association impo es no inequitable restriction. on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

JANUARY 16, 1934. 

HUGH S. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

BALL CLAY PRODUCTION INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National In lustrial 

Recovery Act, the following provi ions are established as ft Code 

of Fair Competition for the Ball Clay Production Industry, and 

shall be binding upon eYery member thereof. 

ARTICLE II-DEFINITIONS 

The term "Inclnstry " as u eel herein includes the aggregate of 

tho e operations of each producer necessary for the production and 

sale of clay by such producer where the es ential recoverable product thereof is Ball Clay. 

The term ''Employee ' as used herein includes anyone engaged 

in the industry in any capacity re eiving compen ation for his services, irrespe ti\e of the nature or method of payment of such compensation, except a member of the Industry. 

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

sueh employee i. compen atecl or employed. 

The term 1

' ~Iember of the Industry" includes any one engaged 

in the indn:try a above defined, either as an employer or on his 

own behalf except that it shall not include contractors as herein 

defined. 

The term ''A · ·ociation" as used herein shall mean the. United 

States Ball Clay Producers' As ociation. 

The term "Contractor" a u eel herein includes all those stripping or produ ing ball clay under contract for a member of the 

indu try, either from mines owned by the contractor, or from mines 

owned by the member of the industry for whom such stripping or 

producing is done. 

The term '' Southern Area " a used herein include Virginia, 

J{entncky, and all tate outh thereof and eat of the ~Iississippi 

River and al ·o that portion of the State of Missouri south of the 

37th parallel and ea t of the 91st meridian. 

The term "Northern Area" as u eel herein include · all the United 

State on the North American Continent except that part included 

in the Southern Area. 

The term ''President", "Act", and "Administrator" as used 

herein shall mean respectively the President of the United States, 

the National Indu trial Recovery Act, and the Administrator of 

Title I of said Act. 

(168) 
169 

AnTI 'LE III-]\{ :xnrmr Houns 

SECTION 1. Except a proYicled in Sections 2 and 3 of thi. Article, 

no emplo; e hall be permitted to ''ork in exces of forty (40) hours 

per -n·eek average 1 o'' r a emiannual peri d either from January 1 

to June 30, or from July 1 to December 31, and the maximum hours 

of work for an employee during any one week shall not exceed 

forty-eight ( 48) ; no employee hall be permitted to work in exce. s 

of ten (10) hours in any twenty-four (24) hour period. 

SEc. 2. These limitations a · to hour of labor hall not apply to 

persons employed in uperYisory, out ide sale , or clerical capacities 

receiving a fixed alary at the rate of thirty-five ($35.00) dollars 

per week or more. 

'Ec. 3. The maximum hours e tablished in Section 1 of thi Article 

shall not apply to any employee on emergency maintenance or mergency repair work involving breakdowns or protection of life or 

property· nor hall they apply to a limited number of employees 

(not exceeding 10% of the total number of employee in each plant) 

enO'aged in the operating, maintenance, or firing of power ·hovels, 

and crane , engaged in car loading and engaged in operations which 

n1u t be performed before and after the regular working hour ; but 

in any such pecial ca es, at lea t one and one-half times the normal 

rate of pay shall be paid for tjme worked in excesu of the maximum 

hours herein established. 

SEc. 4. No en1ployer hall knowingly engage any en1ployee for any 

time "hich when totaled with that already performed with another 

employer, or employers, exceeds the maximum hours permitted 

herein. 

SEc. 5. Any employer who does the work of an employee hall be 

subject to the provi ions of this Code as to hours of labor. 

SEc. 6. All wages shall be paid at least t-n-ice per month and all 

'=alarie at least once a month in lawful currency or negotiable 

heck; these wage shall be exempt from any payments for pensions, 

insurance, or sick benefits other than those Yolnntarily paid by the 

wage earners or required by law. 

ARTICLE IV-~IIXD1 .i\I 1V AGES 

SECTIO... 1. No employee in the Northern Area shall be pai 1 at 

less than the rate of thirty -seven and one half ( 371j2 ) cents per hour. 

SEc. 2. No employee in the Southern Area hall be paid at less 

than the rate of thirty (30) cents per hour. · 

SEc. 3. This Article establishes a minimum rate of pay which 

shall apply irre pective of whether an employee is actually compensated on a time-rate, piecework or other ba is. 

SEc. 4. The -n-age differential · for those employees receiving 

wage aboYe the minimum hall, to the extent practicable. be 

equitably readju ted, and in no ca e shall they be decreased. No 

unfair advantage shall be taken of any employee in making this 

Code effective. 

SEc. 5. No office or clerical employee shall be paid less than fifteen 

($15.00) dollar per week. 
170 

ARTICLE v --GENERAL L AEOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall b~ 

employed in the industry. No person under eighteen (18) years 

of age shall be employed in the industry at operations or occupations which are hazardous in nature or dangerous to health. The 

Code Authority shall submit to the Administrator within one 

1nonth after the effective date of this Code a list of such operations 

or occupations, if there be any such. In any State an employer shall 

be deemed to have complied with this provision as to age if he shall 

haYe 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. 

SEc. 2. (a) 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) 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) Employers shall comply with the maximum hours of labor, 

1ninimum rates of pay, and other conditions of employment approYed or prescribed by the President. 

SEc. 3. No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge for the purpose 

of defeating the provisions of the Act or of this Code. 

SEc. 4. No member of the industry shall use a contractor for stripping or for the production of clay unless the contractor complies 

with all the labor provisions of this Code in regard to employees 

used in the production of such clay, and in such stripping operations. For all other purposes of this Code, the employees of such 

contractors, used in the stripping or in the production of such clay, 

shall be treated and considered as employees of the member of the 

industry taking the clay produced by such contractor or for whom 

such stripping is done. 

SEc. 5. No provisions in this Code shall supersede any law within 

any State which imposes more stringent requirements on employers 

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

or anitary conditions, or insurance, or fire protection, or general 

working conditions, than are iJnposed by this Code. 

SEc. 6. All employers shall post complete copies of this Code in 

conspicuous places acces ible to employees. 

ARTICLE VI-ORGA:NIZ.\TION, PowERS, AND DuTIES oF THE CoDE 

AuTHORITY 

SECTION 1. To further effectuate the policies of the Act, the Board 

of Directors of the Association is hereby constituted the Code 

Authority. 
171 

SEc. 2. The Cole Authority hall consi t of the same number of 

members a · the Board of Director of the A ociation ( whjch shall 

be ix ( 6) in number on the e:ITecti vc date of thi -. Cole) or uch 

other number a may be approved from time to time by the \..dmini ·-

trator, to be elected as hereinafter provid d. The Administrator, 

in his discretion, may appoint not more than three (3) additional 

members without vote to repre ent the Administrator or uch groups 

or intere ts a may be agreed upon, "ithout expen ·e to the indu try. 

SEc. 3. Each member of th inclu try becoming a member of the 

A · ociation hall be entitled to elect one director of that As. ociation and that member shall ip. o facto be ome a member of the od~:. 

Authority. 

SEc. 4. All tho e engaged in the indu try may become member 

under and participate in the adn1ini tration of thi~ Code by becoming member of the ~· ociation. Said A sociation 'hall (1) impose 

no inequitable restriction on member hip and (2) .·ubm1t to the 

Admini trator true copies of its article of a. sociation uylaws, reo·ulation ·, and any amendments when made thereto, together with uch 

other information as to member hip organization, and activitie .~ as 

the Administrator may de m nece ary to effectuate the purpo e · of 

the Act. 

SEc. 5. In order that the Code Authority shall at all time · be truly 

representative of the industry and in other re pect comply ''ith the 

provi ion of the Act the Administrator may provide su h hearings 

as he may deem proper: and thereafter if he hall find that the Code 

Authority is not truly repre entative or does not in other respe ts 

comply with the provi ion of the Act may r-equire an appropriate 

modification in the method of selection of the Code Authority, or 

any sub-Code Authority. 

SEc. 6. The Secretary and the Trea::;urer, re pectively, of the 

As ociation shall act as such officers of the Code Authority. 

SEc. 7. The expenses of admini tering the Code shall be borne by 

the members of the Association. In addition to the dues collected 

by the Association as such, the Code Authority may from time to 

time make such assessment on account of such expenses ao·ain t the 

members of the Association as it shall deem proper, and such assessment , subject to review and modification of the Admini h·ator shall 

be equally divided between and be borne by the member of the A -

ociation, and hall be payable a the Code Authority may pecify. 

Failure of any member of the Association to pay the amount of any 

a sessment against such member for a period of thirty (30) days 

after the date on which it became payable shall constitute a violation 

<)f the Code. 

dEC. 8. The Code Authority shall have the following powers and 

duties to the extent permitted by the Act, ubject to the ri~ht of the 

Administrator, on review, to disapprove or modify any action taken 

by the Code Authority : 

(a) From time to time to appoint and remove, and to fix the compen ation of all such other officer agents, employee , accountant , attorneys, and -experts a the Code Authority hall deem nece ~ ·ary 

for the purpose of admini tering the Code; 

(b) To receive complaints of violations of this Code make investigations thereof, provide hearing thereon and adjust such com-
172 

plaints and bring to the attention of the Administrator for prosecution, recommendations, and other action relative to unadjusted 

violations; 

(c) To coordinate the administration of this Code with such other 

Codes, if any, as may be related to the industry, and to delegate to 

any other administrative authority, with the approval of the Administrator, such powers as will promote joint and harmonious action 

upon matters of common interest; 

(d) To initiate, consider, and make recommendations for the modification or amendment of this Code; 

(e) To obtain from members of the industry such reports and 

such other information as may be necessary or convenient for the 

use of the Code Authority and the Administrator in the administration and enforcement of the Code and to give assistance to members 

of the industry in improving methods, or in prescribing, with the 

approval of the Administrator, a uniform system of accounting and 

reporting. In addition to the information otherwise provided for 

in this Code 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 National Industrial Recovery Act; provided that 

nothing in this Code shall relieve any member of the Industry of any 

existing obligations to furnish reports to any Government agency. 

SEo. 9. 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 sliall any member of the Code Authority, 

exercising reasonabl.e diligence in the conduct of his duties as such 

member, be liable to anyone for any action or omission to act, except 

for his own nonfeasance of malfeasance. 

ARTICLE VII-TRADE PRACTICES 

SECTION 1. Nothing in this Code sha.lllimit the effect of any adjudication by the courts or holding by the Federal Trade Commission, 

on complaint, finding, and order, that any practices or methods are 

unfair, provided that such adjudication or holding is not inconsistent 

with any provision of the Act or of this Code. 

SEc. 2. In the event any specific trade practice rules hereafter become necessary they m.ay, upon recommendation to and approval 

thereof by the Administrator, be made a part of th.is Code in the 

manner hereinafter provided for amendments to this Code. 

SEc. 3. A violation by any member of the industry of any provision of this Article or the engaging in any practice hereafter declared by the Code Authority, with the approval of the President, to 

be an unfair trade practice, shall be a violation of this Code. 

ARTICLE VIII-MonrFIGATION 

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

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

provisions of subsection (b) of Section 10 of the National Industrial 
173 

RecoYery Act, from time to time t cancel or modify any order, approval, license rule, or. regulation is~uecl under Title I of aid Act 

and specifically ,but without limitation, to tbe right of the Pre ic.lent 

to cancel or modify his approval of thiR COLle or any conlitions impo eel by him upon his approYal thereof. 

SEc. 2. This Code, exc pt a to provi ion · requirecl by the Act, 

may be modified or amended on the ba ·is of experience or changes 

in circumstanc ·, uch modification or amendment to be ba ed upon 

application to the Aclmini ·b·ator and such notice and hearing as he 

shall specjfy, and to bec:ome effective on approYal of the Pre.·ident. 

ARTICLE IX-~1o :roPOLIE 

No pro' ision of this Code hall be so applied as to permit monopolie or monopolistic practices, or to eliminate, oppre s, or di criminate again t small enterprises. 

ARTICLE X-PRICE lNCREAFIE 

Whereas the policy of the Act to increase real purchasing power 

will be 1nacle impos ible of consummation if prices of goods and 

services increase as rapidly a '"'ages, it is recognized that price 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 increase in the seller's costs. 

ARTI 'LE XI-EFFE 'TIYE DATE 

This Code · shall become effecti e on the second Monday after its 

approval by the President. 

ApproYell Cod0 ·o. 207. 

Registry i\o. 1013-04. 

0 
UNIVERSITY OF FLORIDA 

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