Approved Code No. 306 Registry No. 1013-13 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MICA INDUSTRY 

AS APPROVED ON FEBRUARY 24, 1934 

WE DO OUR PAR\' 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • • Price 5 cent. 

v 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offi ·es of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass. : 1801 Cu tomhou. e. 

Buffalo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Well · Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, 'l'ex.: Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jncksonville, Fla.: Chamber of Commerce Building. 

Kansas City, l\Io.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. 

Louisville. Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

lVIinueapolis, Minn.: 213 Federal Building. 

Ne'" Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia. Pa. : 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 800 Federal Office Building. 
Approved Code No. 306 

CODE OF FAIR COMPETITION 

FOR THE 

MICA INDUSTRY 

As Approved on February 24, 1934 

ORDER 

APPROVING C DE OF FAIR CoMPETITION FOR THE JHrcA L ' DUSTRY 

An application having been duly made pur uant to and in full 

compliance with the provisions of Title I of the National Indu ·trial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Mica Industry, and hearing·· having been 

duly held thereon and the annexed report on said Code, containing· 

findings with re pect thereto, having been made and directed to 

the President: 

NOW, THEREFORE, on behalf of the Pre~iclent of the "Cnitecl 

State , I, Hugh S. Johnson, Administrator for Inclu trial Recovery, 

pursuant to authority vested in me by Executive Order of the 

President, including Executive Order number 6543-A, dated December 30, 1933, and otherwise, do hereby incorporate by reference aid 

annexed report and do find that said Code complies in all re pects 

with the pertinent provi ioi1 and will promote the policy and purposes of said Title of said Act; and do hereby order that aid Code 

of Fair Competition, excepting however, those provisions "·hich 

include within the scope of this Code the importation of ~lica and 

::Mica products and the sale thereof by the importer, be and it is 

hereby approved; provided, however, that those engao·ed in the 

importation of ~fi ca and Mica products and the sale thereof may, 

after application by a truly representative group and after uch 

further inve tigation and notice as I may deem nece ary. be included within the "ope of this Code, and provided further, that the 

provision of Article VIII, Sections 3 and 6, in ofar a they prescribe a ''aitlng period between the filing with the Code Authorit~ 

and the effecti v date of revised price lists or reYi eel term and 

conditions of sale be ::mel they are hereby stayed pending my further 

Or 1er either within a perio l of sixty clay ~ from the effecti Ye elate 

of this Code or after the completion of a tudy of open pric a ·ociatlons now being conducted by the National Recovery dmini tration. 

HuGH S. JoHN o ... T, 

Administrator for Indtt. t'1·ial Recovery. 

Approval recomm ncl d: 

\V ...... H RRI IAN, 

Divi ·ion Administrator. 

\Y ..i ·rn_·cToN, D.C., 

February ~4, 19:J4. 

42206°----376-130----34 (207) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Mica Industry, a hearing on which wa conducted in Washington 

on the seventeenth of November. 1933, in accordance with the provisions of the National Ind u trial Recovery Act. 

HOURS 

The Code provides for a maximum work day of 8 hours and a maximum work week of 40 hours, except that for six weeks in any six 

month period employees may be permitted to work 48 hours each 

week. The following are excepted: 

(a) Executive and manager., who earn not le. s than $35.00 per 

week, and outside salesmen; 

(b) Employees on emergency maintenance and emergency repair 

work, who may work not more than 48 hours in one week; 

(c) Engineers, firemen and cleaners who may work not more than 

56 hours per week during any six weeks in any six month period, 

and who may otherwise work not more than 48 hours in one week; 

(d) Watchmen, who may work not more than 54 hours in any one 

week. 

All employees are limited to six days work in any seven day period. 

WAGES 

The Code provides for minimum rate of pay of 25 cents per hour 

in the South and 30 cents per hour in the North· of 27lj2 cents per 

hour in the South and 32Jh cent per hour in the North in grinding 

operations in the Dry Ground Mica Division; and of 30 cents per 

hour in the South and 35 cent per hour in the North, in the Importing Division, and in grinding operations in the V\T et Ground Mica 

Division. 

Until 6 months after the effective date of the Code, learnerN, without previous experience in the Industry, may be paid 80% of the 

above minimum wages. No person may be classed as a learner for 

longer than 12 week and the total number of such learners shall not 

exceed 10% of the total number of employees. 

Aged or physically handicapped persons may be employed at such 

''' ages and for such hours as shall be stated in a certificate issued by 

a State Authority designated by the United States Department of 

Labor. 

CHILD LABOR 

The employment of persons under 16 3rears of age and in occupations hazardous in nature or dangerous to health, of persons under 

18 years of age is prohibited. 

(298) 
299 

ECONOMIC EFFE TS OF THE CODE 

This Code has been presented by five group representing the 

following di tinct branches of the Indu try : Sheet :Mica, Dry Grounrl 

~fica, White 'Vet Ground Mica, ~fica Mining and Mica Importing. 

These groups constitute the entire Mica Indu try in the United States 

except for the Plate :Mica Group, whi h i., now operating under the 

Code for the Electrical ~1anufa turing Indu try. The bringing 

together of these groups under one Code should tend to unify and 

strengthen the Industry. 

On the basis of value, onl.) about 30% of the ~Iica n eel in this 

country is domestic, the remainder being imported. The annnal 

dmnestic production, in tons, ha remained fairly con tant since 

1929, but the value of this production has declined approximately 

70% during this period. The number of wage earners in the industry has decreased only about 10% since 1928. 

Because of the lack of data concerning some of the groups, it is 

difficult to estimate accurately the increases in employment and purchasing power which will result from the Code. From the available 

data, it appears that the Code will increa e employment at least 20% 

and wages at least 30%, a ·suming that the volume of clome.::;tic production does not decline. 

In the South, wages are now being paid as low as 7¥2 cent per 

hour in the Sheet lVIica Group and 10 cents per hour in the Mica 

~fining Group, as compared to the minimum of 25 cents per hour 

prescribed in the Code for this section. The prevailing maximum 

weekly hours for all groups range from 50 to 60, as compared to the 

40 to 48 hours permitted under the Code. 

FIXDIXGS 

The A istant 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 purpo e of Title I of the National Inclu trial Recovery Act, including removal of obstructions to the free flow of inter tate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of 

indu try for th·e purpose of cooperative action among the trade 

group , by inducing and maintaining united action of labor and 

management under adequate goYerm11ental sanctions and ~upervi ion, 

by eliminating unfair competitive practices, by promotino· the fulle t 

po ·sible utilization of the pre ent productive capacity of industries, by avoiding undue re triction of production (ex ept a may 

be temporarily required) , by increasing the con umption of indu. -

trial and agricultural product through increa ing purchasino· po'" r 

by re lucing and relieving unemployment, by improving standards 

of labor, and by otherwise rehabilitating inclu try. 

(b) Said Industry normally employs not mor than 50,000 employees; and is not classifi·ed by me as a major indu try. 

(c) The Code as approved complie in all re pects with the p rtinent provi ions of said Title of said Act, including without limita-
300 

tion Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant groups 

are industrial groups truly representative of the aforesaid industry, 

excepting however, the importation of mica and mica products and 

the sale thereof by the importer; and that said groups impose no 

inequitable restrictions on admission to membership th-erein. 

(d) Said 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, ex epting 

however, those provisions which include within the cope of this 

Code the importation of mica and mica product and the sale thereof 

by the importer; provided, however, that those engaged in the importation of mica and mica products and the sale thereof may, 

after such further investigation and notice as I may deem necessary, 

be included within the scope of this Code. 

Respectfully, 

FEBRUARY 24, 1934. 

HUGH s. JOHNSON' 

Administrator. 
CODE OF F \..IR CO:MPETITION FOR THE :MICA 

INDUSTRY 

ARTICLE I-PURPOSE . 

To effectuate the policies of Title I of the National Industrial 

Recoyery Act, the following provisions are establi heel as a Code 

of Fair Competition for the l\1ica Industry, and shall be binding 

upon every member thereof. 

ARTICLE II-DEFIXITIOXS 1 

The term " lHica Industry " as used herein includes the mining, 

importing, grinding, manufacturing, and fabricating-together 

with the distributing and sale by those engaged in the foregoing activities,-of mica including muscovite, biotite, phlogopite, and all 

other forms of mica and products made exclusively or largely therefrom, except those products in which a binder is used in conjunction 

with mica splittings. 

The term "employee" as used herein includes any and all per ons 

engaged in the Industry however compensated, except a member 

of the Industry. 

The term " employer" as used herein include anyone for \\ho-·e 

benefit such employee is so engaged. 

The term "Member of the Industry" includes, but "·ithout limitation, any individual, partnership, as.sociation, corporation or other 

form of enterprise engaged in the Industry either as an employer 

or on his or its own behalf. 

The term "Member of the Code" includes any member of tho 

Industry who shall expressly signify assent to this Code. 

The term "Industry" as used herein as defined to mean the ~fica 

Industry as described above. 

The terms "Act" and "Administrator., as u. ed herein mean respectively Title I of the National Indu trial Recovery Act and the 

Administrator for Industrial Recoverv. 

"Effective Date" as used herein m~ean the second :Mondav after 

this Code shall have been appro,ed by the President of the· nited 

States. 

The Mica Industry includes the following Divisions: 

1. The "Mining Divi.sion" which consists of member of the Industry engaged in the mining of mica and its cia ification and ale 

by the miner as run-of-mine mica; 

2. The "Importina Division" which con i t of member ~ of the 

Indu try engaged in the importation o.f m_ica and mica product f r 

sale or resale ; 

3. The " Sheet :Mica Division" whi h con ~ ts of member of the 

I~du.stry engag d in the manufactur~"~ and fabrication of raw she t 

m1ca; 

1 ee paragraph 2 of order upproYing this Code. 

(30]) 
302 

4. The ' \Yet Ground l\fica Division" which consists of members 

of the In lu try engaged in the wet grinding or processing of all 

kin l. and type of mica as hereina hove defined ; 

3. The "Dry Ground l\fica Division" which consists of members 

of the Inclu try engaged in the dry grinding or processing of all 

kind · and type, of mica as hereinaboYe defined including: 

.(a) . dry ground mica produced by the grinding of shop or scrap 

nuca; 

(b) dry ground mica schist; 

(c) ungronnd mica screenings from clay washing ; 

G. Such other divisions as may hereafter be established as herein- after provided, provided however that any division now or hereafter establi. heel may be exempted from the provisions o.f thi,s Code 

by the President after such notice and hearing as he may prescribe. 

ARTICLE III-Ho-cRs 

1. Except a hereinafter othenvise provided no employee shall be 

permitted to -work in excess of 40 hours in any one week nor in excess 

of 8 hour in any 24-hour period, provided, hm'\ever, that for six 

week in any s]x months period an employee may be permitted to 

llork 48 hours in any one week. 

2. The maximum hours fixed in the foregoing section shall not 

apply to outside salesmen executives (acting in a supervisory capacity) or persons employed in a managerial capacity who earn not 

le s than $35.00 per week or to employees engaged in emergency 

maintenance or emergency repair work, provided that the latter 

group are not permitted to work more than 48 hours in any one week. 

3. The maximum hours fixed in the foregoing section ( 1) shall 

not apply to engineers, firemen and cleaners, provided, however, that 

no such employee may be permitted to work more than a maximum 

of 48 hours during any one week, except that during any six weeks 

of any six month period the maximum shall not be 1nore than 

56 hours. 

4. The maximum hours fixed in the foregoing section ( 1) shall 

not apply to watchmen, provided, however, that no such employee 

may be permitted to work more than a maximum of 54 hours per 

week. 

5. No employer hall knowingly permit any employee to work for 

any time which, when totalled with that already performed with 

another employer or employers in thi Industry, exceeds the maximum permitted herein. 

6. No employee shall be permitted to work more than six days in 

any even day period. 

ARTICLE IV-WAGES 

1. No employee in this Industry shall be paid at less than the rates 

indi nted below for the respective section of the country and in the 

re. pective diYi ions of this Industry. (The Southern Section as 

used in thi Article includes the states of Kentucky, Virginia, North 

'""arolina, Tennes ee, Mis issippi, Alabama, Georgia, South Carolina, 

Flori la; and the Northern Section as used in this Article includes 

all other tates and territories of the United States). 
303 

Southern Section 1 ·orthern Section 

25c per hour. ...... 30c per hour. 

~~~~~fi~iBr~~ni<;ri_-_-= 30c per hour.. _____ 35c per hour. Sheet = = === = = = = = == == = = = = = = = = = = = = = = = = = = = = = = == == = = = = JI.Iica Di vL ion .. ___ ____ . ____ . __ ._. __________________ ______ .. 25c per hour _____ __ 30c per hour. 

'.Yet Ground Mica Divi·ion: 30c per hour __ . __ .. 3.~c per hour. 

25c per hour . ..... _ 30c per hour. 

In grinding operations __ -----------·---------------------- ---- Io other operatio ns ... . _. ________ _____ __ ________ _ . ___ .. _____ .. _ 

27} :c per hour.. . .. 32~~c per hour. 

25c per hour. .. .... 30c per hour. 

Dry Ground Mica Divi ion : In grinding operations. __ ------------------------------------· In other operations ____ .. _________ .-------_. ___ _________ . ____ .. 

Provided that, in the Sheet :i\Iica DiYi ion onl}~, learner may be 

employed who may be paid not leo::s than io·hty ( 0% ) percent of 

the minimum waae above pre ribecl. The total number of such 

learners engaged by any employer shall not exceed t en ( 10 o) percent of the total number of employees engage l by such employer 

at any one time. No person shall be employed as a learner for a 

period in e:xce ·s of twelve (12) week . The pro1i ions of thi 

paragraph with re pect to learners hall remain in operation for six 

(6) months after the effective elate of this Code and thereafter hall 

terminate. For the purpose of this paragraph, learners shall be 

defined as persons who have had no pre1iou employment in the 

mica indu try. 

2. A person \\ho e earning capacity is bmited becau .... e of age or 

physical of mental handicap may be employed on light work at a 

wage below the minin1um established by this Code if the employer 

obtains from the State Authority de ig~1ated by the United State 

Depal'tmeD:t of Labor a certificate authorizing his employment r.t 

such wages and for uch hour as shall be tated in the certificate. 

Such authority shall be guided by the instructions of the United 

States Department of Labor in suing certificates to such per ons. 

Each employer shall file with the Divi ional Cole Authority a li t 

of all such per ons employed by him. 

3. Every employer shall make reasonable pro-visions for the afety 

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 Admini trator for approval 

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

4. No provi ·ions in this Code shall super ede any State or Federal la'' which imposes more stringent requirements on employers 

as to age of employee , wages, hour of "ork, or as to safety health, 

anitary or general \Yorking conditions or in nrance or fire protec- tion than are impo · d by this Code. 

5. All emploYers ·hall post complete copies of this Code in con- picuous places acce sible to employee . 

6. No employee now employed at a rate in ex e . of the minimmn 

lu.\ll be eli charged and re-employed at a lower rate f r the purpo ·c 

of eYadinO' th pro1isions of this Code. 

7. This article cstabli ·hes a minimum rate of pay Trhich shall 

apply irre pective of whether an employee is actually compen ate 

on a time rate piec \\Ork or an other ba i . 

8. No emplo} er hall re-cla ify employees or clutie of occupation performed or engage in any other nbterfuge for th purpo e 

f 1 featin a the purpose or proYi ion of the ... \.ct r of thi Code. 

42206°--376- 130--34- 2 
304 

9. Female employee per:form.ing substantially the same work as 

male employees shall receive the same rate of pay as male employees; 

and where they displace men, they shall receive the. same rate of 

arning a the men they displace. The Code Authority shall within 

ninety days after the effective date of this Code file with the Adminjstrator a de cription of all occupations in the Industry in which 

Loth men and women are employed. 

ARTICLE V-CHILD LABOR 

No per. ons under 16 years of age shall be employed in the Industry and no person under 18 years of age shall be employed at operation or oc upations which are hazardous in nature or dangerous to 

h alth. The Divi ional Code Authorities shall submit to the Administrator before ix months after effective date a li t of such operation. or o cupation . In any State an employer shall be deemed to 

have complied with this provision as to age if he hall haYe on file a 

certificate or permit duly signed by the Authority in such State 

empowered to issue employment or age certificate or permits showing that the employee is of the required age. 

ARTI LE VI-NATIONAL ConE AUTHORITY 

1. A National Code Authority is hereby establi bed to cooperate 

1dth the Administrator in the administration of thi Code. 

2. The National Code Authority shall consi t of the Chairmen 

of the Divisional Code Authorities hereinafter established. In addition to members as above provided, not more than three members, 

"\Yithout vote and without expense to the Industry, may be appointed 

by the Administrator to serve for such term as he may designate: 

(a) No two members or alternates of the National Code Authority 

shall be affiliated with any single member of the Industry. 

(b ) One alternate may be selected from each Divi ion to represent 

the chairman of the DiYi ion in the Code Authority in his absence2 provided that no alternate may be affiliated with any member ot 

the Indu try already represented on the National Code Authority. 

3. Should a matter come before any Code Authority which specifically involves the a cts, conduct or interests of a company with 

which any member -of a Code Authority is affiliated or employed, 

f'uch member shall be disqualified to act in such matter. The designate l alternate shall act in such disqualified member's place. 

4. Each trade or industrial association directly or indirectly parti ·ipating in the selection or activities of the National Code Authority or of a Divisional Code Authority shall 

(a) Impose no inequitable restrictions on membership; and 

(b) Submit to the Administrator true copies of its articles of 

a . ociation, by-laws, regulations and any amendments made thereto, 

together with such other information as to membership, organization 

and activitie a the Administrator may deem ncce . ary to effectuate 

the purposes of the Act. 

5. In order that the National Code Authority or any Divisional 

Code Authority shall at all times be truly representative of the 

Industry or any Division thereof, and in other respects comply with 

the provisions of the Act, the Administrator may prescribe such 
305 

hearings as he may deem proper, and thereafter if h ::;hall fin 1 that 

the National od Authority or any Divi ·ional \ ,<1 \.ntlwrit is 

not truly repre entative or in any other re pe t c1 oe. uoL comply 

with the provi ions of the Act, he may require an ar propriat lllO(lification in the method of election of any Cod Authority. 6. All member of the Industry may participate in and .. bare the 

benefits of the activitie. of the National o l Authority an l the 

proper Divi ional Code Authority, and may participate in t he. election of the members thereof by a enting to an l ·omplying ,Yith the 

term of thi Code. Any such memb ~ of the Incln try hall pay 

their proportionate hare of the co t of maintenance of <: h 10de 

Authority and i activitie . Such reasonable ·hare of the exp n ' e 

of admini. tration shall be determined by the N atiorUtl Code Authority subject to review by the Admini ti·ator on the ba. i. of th 

volume of bu ine and/ or such other factor a.· may be cl enw l 

equitable. 

7. The National Code Authority hall haYe th foll wing pm,er 

and duties ubject to the right of the Admini trator, on r eYiew·. to 

di approYe any action by any agency pur uant t this C de : 

(a) To insure the execution of the provi ion ~ of thi. ode an l 

provide for the compliance of the Inclu try -n-ith the prm i~ion . of 

the Act. 

(b) To adopt by-laws and rules and regulation for its pr<h'C lure 

in the admini tration and enforcement of the ode. 

(c) To obtain from members of the Indu ·try su ·h information 

and reports as it requires for the administration of the Cocl , and 

provide for the submis. ion by members of . uch information and 

report as the Administrator may deem nece ary for the purposes 

recited in Section 3 (a) of the Act. Such information and report 

-shall be submitted by members of the Indu ... try to . uch admini~trative and/ or Government Agencies as the Admini. b·ator may cle ... ·ignate, provided that nothing in this Code hall relieve any nwmber 

of the Inclu. try of any exi. ting obligation to furni h report· to any 

Government Aaency. No such report or informati n hall b lli ·-

clo ed to any member of the I:r:dustry or to any other party except 

to uch Government Agencies a may be directed by the 

Aclministra tor. 

(d) To use uch trade a o2iations, supen'i ry agen ie. · ommittee , employe . andjor others as it deem proper for tlw carrying 

out of any of it activitie ~ provided for herein, and t delegate to 

them such of its powers and duties as it deem nece ary to facilitate 

t.he administration of this Code, provided that nothing herein . hall 

relieve the National Code Authority of its dutie and re. pon ibilitie 

under thi Code and that such association~, upe1Ti ory a O'Cncies, 

c mmittee , employee or other hall at all time ubje t t an l 

comply with the proYi ion hereof. 

(e) To tudy the trade practice pro vi ion in 

Col and the op ration thereof, and mak uch r mm ndation · 

as are approved by the various Divi ion to the Admini trat r fr m 

time to tim~ which it con iders desirable for modifi at.i n r au lition to this vode. Upon approYal by the Pre i lent. after such h aring a he may I r crib , uch rec mm n lation · hall be ome a part 

of thi Code and hall have full force and ffect a rr vi i n th r f. 
306 

(f) To e tublish from time to time, new DiYisions of the Industry, in addition to the Divi ions herein established. Each Division 

shall have a Divisional Code Authority selected by the members of 

·aiel Division as hereinbelow provided in Article VII. 

(g) To inve ·bgate the importation of competitive articles into 

th United States, ·which endanger the purposes of this Code and to 

a ·t as the agency to make complaint to the President, pursunnt 

to the provisions of Section 3 (e), of the Act, on behalf of this 

Industry. 

(h) To delegate any of the above fun ctions or duties to any one 

or all of the Divisional Code Authorities, provided, however, that 

the National Code Authority shall not be r elieved of final responsibility with re pect to such delegated functions or duties. 

(i) To coordinate the adminstration of this Code through the 

several divisions of the Industry. 

(j) To appoint an impartial agency not a member of the Industry or not employed by a member of the Industry, nor in any way 

affiliated with a member of the Industry. Any and all information 

submitted to the National Code Authority pursuant to this Code 

shall be submitted to such impartial agency and shall be deemed 

confidential and shall not be revealed to any member of the Industry 

except in summary. 

(k) To review, disapprove or modify any decision, finding, or 

course of action by any Divisional Code Authority. 

(l) To appoint a member of the Mica Plate Section of the Insulation Division of the Code of Fair Competition for the Electrical 

Industry, approved by the President on August 4, 1933, to serve 

as a liaison member without vote of the National Code Authority 

and the aforesaid Mica Plate Section. 

ARTICLE VII-DIVISIONAL ConE AUTHORITIES . 1. A Divisional Code Authority is hereby established in each Division of the Industry to adminjster the Code within such Division, 

subject to the limitations and procedure herein prescribed. 

(a) The Divisional Code Authority shall consist of three members to be elected by members of the respective Divisions of the 

Industry subject to the provisions of Article VI, hereof. 

(b) T he Dry Ground Mica Association for the Dry Ground :Mica 

Divi ·ion, the 'Vet Ground :&1ica Association for the 'Vet Ground 

:Mica Division, and the Committee on Organization of the Coda of 

Fair Competition for the :Mica Industry for the remaining Division. of the Industry, are her eby designated as the agencies to conduct such elections within t en days after the effective date of this 

Code. 

(c) :Members of the Divisional Code Authority shall be elected 

to ·erve for a term of one year, or until their successors are elected. 

In the vent of any vacancy on the membership of any Divisional 

Code Authority, a special meeting of the members of such Division 

·hall be called to elect a member to fill the unexpired term of such 

vacancy. Notice of each election shall be sent to all members of 

the Divi ion at least ten (10) days in advance of any election, and 

voting at such election may be by person or proxy or by letter 

ballot. 
307 

(d) No two members or alternates of a Divi. ional Cole Authority 

shall be affiliated with any single member of the In ln. try. 

(e) Each Divi ion may deignate one alternate f r ach member 

of the Divisional Code Authority elect d a h r inabov provided. (f) Should a matter come before a Divi ional Code Authority 

which specifically involves the act ·, onduct, or the interest of a 

company with which any member of the Divi ional Code Auth rity 

is associated or employed, such member shall be clisqllalified to act 

and the designated alternate shall act in such eli qnalifi d member'::; 

place. 

(g) The Divisional Code Authority may u e such tra le a:sociations, supervisory agencies, committee , employee and/ or oth r · a. 

it deems proper for the carrying out of any f its activitie.- proviJecl 

for herein, and to delegate to them such of ib pmver · an l cluti s a . 

.it deems nece sary to facilitate the admini tration of thi Code, provided that nothing herein hall relieve the Divi ·ional Cole Authority 

of its duties and respon ibilities under thi Code, and that uch 

associations, supervisory agencies, committee , employee or others 

shall at all times be subject to and con1ply with the provi ion hereof. 

(h) The Divisional Code Authority may appoint any impartial 

agency not a member of the Industry or employe l by a member of 

the Industry, nor in any way affiliated with a member of the Inclu - try. Any and all information ubmitted to any Divi ional Code 

Authority pursuant to this Code hall be ubmitted to ··u h impartial 

agencies and shall be deemed confidential and shall not be r evealed 

to any member of the Industry except in summary. 

(i) Members of any Division of the Indn try may participate in 

and share the benefits of the activities of their respective Divisional 

Code Authority and may participate in the election of the members 

thereof by assenting to and complying with the terms of this Code. 

Any such member of any Division of the Indu try hall pay hi proportionate share of the cost of maintenance of such Divi ional Code 

Authority and its activities. Such rea onable ·hare of the expen e 

of administration shall be determined by the Divi ional Code Authoritv ubject to review by the Admini trator on the ba is of the 

volumve of busine. and/ or such other fa ctors a may be deemed 

equitable. 

2. The Divi. ional Code Authority shall cooperate 'vith the N ationa! Code Authority in making investigation. of the functioning 

and observance of any provisions of this Code at it · m~;n instance, 

at the reque t of the Administrator, or on complaint of any per. on 

affected, and report its findings and recommendation. to th National 

Code Authority. 

3. The Divi ional Code Authority shall . tudy the trad pra ti ·e 

provisions incorporated in this Code and the operation thereof an<l 

shall make uch recommendation for modification and a 1dibon 

thereto to the National Code Authority from time to tim whi h it 

consider de irable for the welfare of it · par i ular Di, i ·ion. uch 

recommendations shall be submitte l t th A lmini ·trat.or thr ugh 

the National Code Authority, accompanied by it o·wn r omm IHlation. Upon approval by the Pre ident, aft r uch hearincrs a he 

may prescrib , su h recommendation hall bee me a part of this 

Cod and have full force and eff ct as provision~ of thi Code. 
308 

4. The Divisional Code Authority shall receive, and to the extent 

permitted by the Act shall adjust complaints in regard to the operation of thi Code, ·which inYolve a member of that Division. 

5. Price lists and terms and conditions of sale. wherever referred to 

in this Code, shall be filed in such form and shall be composed of 

such schedules and item as the respective Divisional Code Authority 

may de ignate. 

Ar:ncLE VIII-CoMrETITIYE PRACTICES 

1. Each member of the Indu try shall use an adequate co taccounting system which shall be at least as complete and detailed 

as the cost-accounting system recommended by his Divisional Code 

Authority and approved by the Administrator as hereinafter provided. The Divi ·ional Code Authority shall recommend for use in 

the Industry a uniform and adequate cost-accounting system which 

shall be adaptable to the cost-accounting procedure and to the business of the Divi ·ion. Such plan shall specify the factors which shall 

be included in determining the costs and allowable costs of each member of the Division. Upon approval by the Administrator of such 

a system of cost-accounting for the Industry, complete advice concerning it shall be distributed by the Divisional Code Authority to 

all members of the Division. Thereafter no member of the Division 

shall initiate a selling price below his own allowable cost or sell the 

products of the Division at such price or upon such terms or conditions of sale as will result in the purchaser's paying for such product 

less than the allowable cost to the seller, except where sales below . uch costs are necessary to meet the competition of another member 

of the Industry or of products of equivalent design, character, quality or ·pecification manufactured outside the United States, provided that surh sales below allowable costs are immediately reported 

to the Divisional Code Authority and provided further that such 

sales below allowable co t may not be continued beyond such time 

as the Divisional Code Authority notifies such member that such 

sales below his allowable co t are no longer nece sary to meet such 

competition. 

2. The foregoing provi ions shall not apply in cases in which any 

member of the Industry sells, or offers to sell, dropped lines, seconds 

or inventories which must be converted into cash to meet emergency 

needs, provided that such sales are made in such manner and on 

such t erms and conditions as the Divisional Code Authority may 

establi ·h and as are necessary to move such products into buyer's 

hands. 3. On the effective date each member of the Dry Ground :Mica 

Division and the Wet Ground l\Iica Divi ion shall file with the 

Divisional Code Authority his net price list and tenns and conditions of sale. The Divisional Code Authority shall immediately 

send copies thereof to all known manufacturers of such products. 

Revised price lists and terms and conditions of sale may be filed 

from time to time with the Divisional Code Authority by any member of the re ·pective Divi ion of the Industry, to become effective 

ten days after filing. Copies thereof with notice of the effective 

date specifi ed shall be immediately sent to all known members of 
309 

that Division of the Inclu try \Yho ther upon may file, if they o 

desire, revisions of their pri e list and term · and conditions of 

sale to meet prices previon ·ly filed which may become effe tiv upon 

the date when the revi eel price list first filed hall go int effect. 

The Divi ional Code Authority may, if it feels that the circumstances require it authorize a horter period than th t n day 

referred to above. 

The Divisional Code Authority shall make U"h price and other 

related material available to inspection by the public at it official 

place of businc s during usual office hours. 2 

4. Each Divi ional Code Authority hall have p wer on it own 

initiative, or on the complaint of any member of the Indu try, to 

investigat any price for any product shown in any price li t filed 

with such Divisional Code Authority by any member of the Industry, 

and for the purpose of investigation there.of may require uch member of the Industry to furnish such information concerning his allm.vable cost of such product as may be neces, ary. provided, however, 

that all such information shall be subject to the proYision of Article 

VII, Section 1 sub-section (h) of this Code. 

5. No member of this Industry shall ell, directly or indirectly by 

any means whatsoever, any product of the Industry at a price lower, 

or on more favorable terms of payment than those provided for in 

his own published and filed net price list and/ or other conditions 

of sale. 

6. If and when a majority of the member of the heet Mica Divi ion by secret ballot, under supervision of the National Code 

Authority, hall o decide, provided such ballot shall be taken within 

ninety (90) days after the effective date, the following provision~ 

shall go into operation in that Division: 

(a) Upon notice in writing from the Di-visional Code Authority 

each member of the Divi ion shall, within ten days after such notice, file with the Divisional Code Authority a net price list and 

terms and conditions of sale. The Divisional Code Authority shall 

immediately end copie thereof to all known manufacturers of such 

products. 

Hevised price li ts and term and conditions of sale may be filed 

from time to time with the Divisional Code Authority by any member of the Divi ion, to become effective ten days after filing. Copie 

thereof with notice of the effective date specified hall be immediately 

sent to all known members of the Division who thereupon may file 

if they so de ire, revisions of their price lists and terms and conditions o.f ale to meet prices. previously filed which may becom 

effective upon the date when the revi. ed price list fir t fil d hall 

go jnto eff ct. 

The Divisional Code Authority may, if it feel that th u·cmntances require it, authorize a horter period than the ten la r -

ferred to above. 

The Divisional ode Authority hall make ,such pri . and other 

r lated material available to in, pection by the public at it official 

place of bn. ine s and during usual office hours. 

(b) Each m mber of the Sheet Mica Di-vision -n-ho i 

miner hall u e a. hi co t pri of mica a price n t 1 

2 See paragraph 2 of order approving this Code. 
310 

prevailing mark t price of ·uch mica at the time when hi,s price is 

filed with the Divisional Code Authority; such prevailing market 

price of mica shall be bas~d upon the price being generally paid for 

run-of-mine mica of the equivalent quality in that district by other 

buyers. The Divisional Code Authority shall from time to time 

collect and report the market price which manufacturers and fabricators shall use for the valuation of mica referred to above. 

(c) If and when this provision is put into operation by the Sheet 

Mica Divi ion, such action shall be immediately reported by the 

National Code Authority to the Administrator. 3 

7. (a) vVithin ten (10) day,s after receiving notice to that effect 

.from the National Code Authority, each member of the industry 

shall file and maintain on file with such impartial agency as the 

National Code Authority may designate, a list of such products of 

the Industry, together with a complete and accurate description of 

each such product, which he or it produces in the United States of 

America, in not less than such quantities as the National Code Authority may specify, together with his allowable co,st of producing 

such products, determined in accordance with Section 1 of this 

Article. 

(b) After such impartial agency shall have published to members 

of the Industry the lowest allowable cost of each product so filed 

with it, without, however, disclosing the identity of the member 

filing such cost, no member of the Industry shall sell any product 

of the Industry below the lowest allowable cost of production of a 

product of equivalent design, character, quality or specifications, so 

filed with the National Code Authority and published by it in accordance with the provisions of this Section; provided, however, 

that the provisions of this Section shall not apply to any products, 

the total production of which in the United States of America, is 

less than five per cent of the total con umption of such products in 

the United States. 

(c) The impartial agency designated by the National Code Authority shall make findings of facts which shall be prima facie. correct, on any di ~ puted questions of fact arising under this section, 

" ·hich findings shall be subject to review by the Administrator. 

8. No member of this Industry shall guarantee a customer against 

a decline or against an increase in price, except by "ritten contracts, 

copies of which hall be filed with the Divisional Code Authority. 

9. vVhen a member of the Industry sells Industry and non-Industry products together to the same customer, he shall not quote a 

combined lump sum price which is les · than the sum of the price at 

which he sells or offers to sell the separate products. 

10. Each member of the Industry shall keep on file "ith the Divisional Code Authority an up-to-date list of his distributors and/ or 

agents. 

11. No member of the Industry shall knowingly make an invoice 

and/ or contract which is a false record of any transaction. 

12. No member of this Industry shall allow any discount of any 

kind except, (a) a cash discount not to exceed 2% for payment 

within ten clays, and/ or (b) quantity discounts which shall be filed 

with the respective Divisional Code Authority and made a part of 

8 See paragraph 2 of order approving this Code. 
311 

such price li t a are required to b file 1 11nd r th pron:1 n f 

Sections 3 and 6 of this Article. 

13. No member of the Indu try hall mak r cau e or permit to 

b made or publi hed, any untrue or deceptiv tatement by way 

of adverti ement , laool , or otherwi ·e, oncerning the grade, quality, quantity de cription, character, nature, or~o·in, ize or pr paration of any pro luct of the Indu try which have the tend ncy and 

capacity to mi lead or deceive purcha. er or pro. pective purcha er . 14. No member of the Industry ·hall defame competitors by fal ely 

imputing to them eli honorable conduct. inability to perform contracts, que tionable credit standing or by fal e repre entation or 

fal e disparagement f the grade or quality of their good , which 

imputation have the tendency and car acity to mi lead or deceive 

purcha er or pro ·pe tive purchaser . . 15. No member of the Induc::try .·hall oive. permit to be given, 

or directly offer to give anything of value for the purpo ·e of influencing or rewarding the a tion of any employee agent or repreentative of another in relation to thn bu ine of the employer of 

such employee, the principal of such agent or the repre. ented party, 

without the knowledge of su h employer, principal or partv. This 

vrovision hall not be con trued to prohibit free anll general eli - tribution of article commonly u ed for adverti._ing except o far 

u such articles are a ·tually used for commercial bribery a hereinabove defined. 

16. No member of the Industry shall induce or attempt to indu e 

the breach of an existing contract between competitor and/ or cu. -

tomers by any fal.·e or deceptive mean whaLoever or interfere with 

or obstruct the performance of any such contractual duties or . f'rvices by any nch means 1\hatsoever. 

17. Every member of the Dry Ground ~1ica Divi ion and the 'Vet 

Ground Mica Division shall send to the Divisional Code Authority 

of his respective Divi ion within five day~ from lat thereof a 

duplicate copy of each invoice of . ale and any contract entered into 

for the sale o£ any of the products of the Inclnstr.r. 

18. Carload lot prices shall apply only upon ingl shipments 

actually made in carload lots. (A carload t be determined by the 

railroad tariff on minimum loadings.) "Then, however, goo 1 are 

moYed by truck from the producer' factory or 1\arehouse to conmner's premi es, forty-eight honrs may be allo" eel for completing 

the delivery of a carload. 

19. Any member of this Industry may pay u commi ·ion for al s 

service , which commissions shall be file 1 with the Divi ional Code 

Authority of the re pective Division of the Indu try in the ame 

manner and under the ame conditions as provided in Section 3, 5, 

and 6a hereof. 

20. All member of the Dry Ground 1\tiica DiYi ion ... hall bill all 

bag filled with mica at a uniform price, individually determin l by 

them. according to ·ize. Th pric s ther of are to be in lud d in the 

price li t to be filed with the Divisional Code Authoritv. 

21. No member of thi Industry shall a.p ly a r du ed quantity 

price to orders or hipment overing quantitie le·· than th quantities for whi h such reduced prices ha be n filed or in any th r 

way d part from his filed and e tubli h d price li t. 
312 

22. 'Vhen any m.ember of this Industry makes an allowance t o a 

customer because of inferior quality or defective material (unless it 

is a complete rejection for which full credit is given by the member 

of this Industry), he shall report such allowance within five days 

after such allowance is made to the Divisional Code Authority of 

his respective Division. 

23. Nothing contained herein shaH be interpreted to prevent or 

prohibit any member of this Code from selling distressed products 

of this Industry to any other member of his division of the Code at 

any price he may see fit, irrespective of whether that price is below 

his actual cost price as determined by the procedure referred to in 

paragra.phs 1, 3, and 6 above. 

24. In the Dry Ground :Mica Division, differentials between prices 

for carload and less than carload shipments shall be determined by 

the Divisional Code Authority subject, upon review, to disapproval 

by the Administrator. 

ARTICLE IX-ENFORCEMENT AND ARBITR.A.TION 

1. On the effective date the provisions of this Code shall be the 

standards of Fair Competition for the entire Mica Industry as defined above. Any violation or violations of such standards in any 

transactions by or involving any m_ember of this Industry shall be 

deemed an unfair method of competition and as such shall be subject to the penalties provided in the Act. Any violation of any provisions of this Code may be reported by any member of the Industry. 

Such violations shall be investigated by the Divisional Code Authority, who shall report the facts to the National Code Authority 

with a recommendation as to the innocence or guilt of the party or 

parties involYed. 

2. The National Code Authority or the Divisional Code Authority, 

as the case •may be, shall hear both sides of the case and shall decide 

whether or not in its opinion a violation or violations have occurred. 

3. If one or more complaints of a similar character against any 

member of the Industry shall have been proven to be unfounded, the 

National or Divisional Code Authority shall, at its discretion, either 

discontinue or suspend investigations until the complainant shall 

present definite proof of a violation. 

4. In case of a dispute between members of the Industry, the 

National Code Authority may resolve itsel:f into a Board of Arbitration, and if the parties to the dispute agree, may arbitrate the 

difference, or may set up such machinery as may be nece sary and 

desired by the parties to conduct an arbitration. 

5. The National Code Authority shall use its influence and good 

offices to arbitrate disputes between members of the Industry and 

members of other Industries. 

ARTICLE X-GENERAL 

1. Employees hall haYe the right to organize and bargain collectively through 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 sel:f-
313 

organization or in other concerted a tivitie for the purpo:e of olle tive bargainino· or other mutual aiel or prote tion. 

2. :No employee and no one eeking employment shall b required 

us a condition of employment to join any ·ompany union or to refrain from joining, organizing, or .a . . i. ting a labor organization of 

hi.· own choo ing; and 

3. Employers hall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or pre cribecl by the President. 

4. This Code and all the provision · thereof are xpre ly mal 

ubject to the right of the Presid nt, in accordan ·e with th prO\'l ·ion 

of ub- ection (b) of Section 10 of the National Indu trial Recovery 

Act, from time to time to cancel or modify any order, appro' al, 

license, rule or regulation issued under title 1 of aid Act an l pecifically, but without limitation, to the right of the Pre. ident to cancel 

or modify his approval of this Code or any condition · impo . .;ecl by 

him upon his approval thereof. 

5. No provision of this Code shall be interpreted or applied in uch 

a manner as to promote monopolies or monopolistic practices ; permit 

or encourage unfair competition, eliminate, discriminate again. t or 

oppres small enterprises. 

6. Such of the provisions of this Code as are not required to be 

included therein by the National Industrial Recovery Act may, 1Yith 

the approval of the President, be modified or eliminated a changes 

in circumstances or experiences may indicate. It i · cont mplated 

that from time to time upplementary provision. · to thi. Code ·will 

be submitted for the approval of the Pre:ident, after such hearings 

a he may prescribe, to prevent unfair competition in price and other 

unfair and destructive competitive practice and to effectuate the 

other purpo es and policies of Title 1 of the National Indu trial 

Recovery Act consistent with the provisions thereof. 

7. Each corporation, partnership, or individual doinrr bu ine · as 

a separate entity and having become a member of this Code as indicated by his written a sent thereto shall have one vote in the affairs 

of this ~Industry. 

8. This code shall become effective upon the second Monday after 

its approval by the President. 

Approve 1 Code No. 306. 

Registry No. 1013- 13. 

0 
UNIVERSITY OF FLORIDA 

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