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3 1262 08482 9596 _ _ _ _ --~ v- .n. .... mdment No. 2 Registry No. 1042-1-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

FLOOR AND WALL CLAY TILE 

MANUFACTURING INDUSTRY 

AS APPROVED ON MAY 18, 1934 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washlngton, D.C. • • • • - • • • Price 5 cents 

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

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

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

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

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San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 92-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FLOOR AND WALL CLAY TILE l':1:ANUFACTURING 

INDUSTRY 

As Approved on May 18, 1934 

ORDER 

APPROVING AMENDMENTS To CoDE OF FAIR COMPETITION FOR THE 

FLOOR .AND w .ALL CLAY TILE ~fAN FACTURIXG INDUSTRY 

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

compliance with the provisions of Title I of the ational Jndu trial 

Reco, ery Act, approved June 16, 1933, for a1 proYal of amendments 

to a Code of Fair Competition for the Floor and "\Yall Clay Tile 

Manufacturing Industry and hearing having been duly held thereon 

and the annexed report on said amendments contajning finding with 

respect thereto having been made and directed to the Pre. i lent: 

NOvV, THEREFORE, on behalf of the Pre ident of the United 

States, I, Hugh S. Johnson, Admini tr a tor for Industrial Reco,·ery, pursuant to authority vested in me by Executive Order of the 

President, including Executive Order r o. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate, by reference, ·aid 

annexed report and do find that said amendment and the Code 

as constituted after being amended comply in all re pects with the 

pertinent provisions and will promote the policy and purposes of 

said Title of said Act, and do hereby order that aid amendments 

be and they are hereby approved, and that the previous approval 

of said Code is hereby modified to include an approval of said Code 

in its entirety as amended. 

Approval recommended: 

A. R. GLANCY, 

HuaH S. Jm-rNsoN, 

Administrator for Industrial R ecovery. 

Division A<Plninistrator. 

w ASHINGTON, D.C., 

May 18, 1934. 

60083°-544-101-34 (1) 
REPORT TO THE PRESIDENT 

The PRE IDENT, 

The w~ hite HOU.Se. 

Sm: This is a report on amendments to the Code of Fair Competition for the Floor and Wall Clay Tile Manufacturing Industry, 

a hearing on which am.endments was conducted in Washington on 

the ninth of March, 1934, in accordance with the provisions of the 

National Industrial Recovery Act. 

A m endment No. 3.-This amendment provides for a southern wage 

differential of 25% in order to give justice to three plants which 

are located in the South. The minimum wage rates prescribed by 

the original code are approximately 100% higher than the minimum wage rates in effect in these plants in 1929, and approximately 

50% higher than the minimum wage rates prescribed in approved 

code~ for closely related industries. This amendment will correct 

this inequity and permit the re-employment of labor in these plants. 

Amendm,ent No. JJ.-This amendment provides for a day of rest 

each week for employees. 

Am,end111,ent No. JB.-This amendment will prevent the improper 

classification of employees as " learners " as a subterfuge for wage 

cutting. 

Am,end1nent No. 13.-This amendment will prevent the improper 

classification of employees as "aged or disabled" as a subterfuge 

for wage cutting. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said amendments to said Code having found !il,s herein set forth and 

on the basis of all the proceedings in this matter; 

I find that: 

(a) The amendments to said Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of the 

National Industrial Recovery Act including the removal of obstructions to the free flow o:f 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 trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promo6ng the fullest possible utilization of the 

present productive capacity of industries, by avoiding undue restrictions of production ( except as may be temporarily required), by 

increasing the consumption of industrial and agricultural products 

through increasing purchasing power, by reduc4ig and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 

(2) 
3 

·(b) The Code as amended complies in all :respects with the pertinent provisions of said Title of aid Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7 and 

Subsection (b) of Section 10 thereof. 

( c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the industry a a whole. 

( d) The amendments and the Code a· amended are not designed 

to and will not permit monopolies or monopoli tic practice . ( e) The amendments and the Code as amended are not de igned 

to and will not eliminate or oppress small enterprise and will not 

operate to discriminate against them. 

(f) Those engaged in other steps of the economic proccs have 

not been deprived of the right to be heard prior to approval of said 

amendment. 

For these reasons, therefore, I have approv d these amendments. 

Respectfully, 

MAY 18, 1934 

··~ 

HUGH S. JOHN SON , 

Administrator. 
' , 

A}rfENDl\1:ENT TO CODE OF FAIR COMPETITION FOR 

THE FLOOR A D \VALL CLAY TILE MANUFACTURING 

INDUSTRY 

Al\rENDMENT No. 3 

Article IV of the aboYe named Code is amended by adding 

thereto the following provisions as Section 6: "The mJnimum rates 

of pay established in the foregoing provisions may be reduced by 

not more than 25 % of such rate- in the States of North Carolina, 

South Carolina, Georgia, Loui iana, l\fississippi, Florida, Tennessee, 

Alabama, Texas, Arkan a and that part of Kentucky south of a line 

drawn East and \Vest thre:ugh the City of Louisville." 

AMENDMENT No. 11 

Article III is amended by changing the period at the end of Section 1 to a semi-colon and adding thereto the following: "nor in 

excess of six days in any seven day period." 

AMEKDMENT No. 12 

Article IV is amended by striking therefrom Section 4 and substituting therefor the following: "4. The minimum rates established 

in the foregoing provisions shall not apply to learners, who shall 

be paid not less than 80% of the minimum rates of pay hereinabove 

e tablished; provided, however, that the number of such learners 

shall not exceed 5% of the total number of employees of any member of the Industry at any one time, and provided further, that the 

period during which a person may be classified as a learner shall not 

exceed four weeks, whethe't served under one or more employers. 

For the purpose of this Section, learners are defined as persons who 

have not served as learners a total in time of four weeks or more at a 

particular class of job." 

AMENDMENT No. 13 

Article IV is amended by striking therefrom Section 5 and substituting therefor the following: "5. A person whose earning capacity is limited because of ·age or physicar handicap may be 

employed on light work at a wage of not less than eighty per cent 

of the minimum rates prescribed in this Article if the employer 

obtajns 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. 

Such autht)rity shall be guided by the instructions of the United 

Stutes Department of Labor in issuing certificates to such persons. 

(4) 
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Each employer shall file with the Code Authority a list of all such 

person employed by him. The total number of employees exempted 

by thi Section shall not exceed five per cent of the total number of 

employees of each employ r at any one time." 

ApproYed Code No. 92-Arnendment ~ 'o. 2. 

Registry No. 1042--1- 02. 

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