UNIVERSITY OF FLORIDA 

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3 1262 08482 9158 mendment No. 5 Registry No. 1033-1-ol 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CHINAWARE AND PORCELAIN 

MANUFACTURING INDUSTRY 

AS APPUOVED ON FEBRUARY 11, 1935 

WE DO OUR PART 

u 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1935 

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'r I 
Approved Code No. 126--Amendment No. 5 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CHINAWARE AND PORCELAIN MANUFACTURING 

INDUSTRY 

As Approved on February 11, 1935 

ORDER 

APPR YING AMENDMENT OF ConE oF FAIR CoMrETITIOX F R THE 

CHrKAWARE AND PoR ELAIN MANUF.\CTURING l ND"GSTRT 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the N a.tional Indu trial 

Recovery A t, approved June 16, 1933, for approval of an amendment to the Cod of Fair Competition for the Chinaware and Porcelain l\1anufacturing Indu try, and hearing having been duly held 

thereon and the annexed report on aid amendment, containing findings with respect thereto, having been made and directed to the 

President: 

NO\V, THEREFORE, on behalf of the Pre ident of the United 

State , the National Indu trial Recovery Board, pursuant to authorjty vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwi e doe hereby incorporate by 

reference, said annexed report and does find that said amendment 

and the Code a con tituted after being amended comply in all 

re pect with th pertinent provisions and will promote the policy 

and purpo e of ail Title of said Act and does hereby order that 

aiel amendment be and it i hereby approved and that the previous 

approval of aid Code is hereby amended to include an approval of 

:ai 1 Code in its entirety as amended, such approval and uch amendment to take eff t ten (10) day from the date hereof, unl good 

·au:e to the contrary i shown to the National Indu trial Recovery 

Boar l b fore that time and the National Indu trial Recovery Board 

isnte: a ·ub ·equ nt order to that effect. 

N TION AL INn TPJAL RECOVERY BoARD 

By \V. A. HARRIMAN, Adnunistrative Officer . 

.. \pptO\'al r mm nc1 d: 

\Y. P. EI,LI 

Dlvi ion Administrator. 

\Y.\, HL • .To .. , D. ., 

F .b'r•ua1 y 11, 1935. 

114!)92°-1573-47---35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lV kite House. 

Sm : A Public Hearing was held in \iV ashingion, D. C. on N ovember 1, 1934 on an amendment to the Code of Fair Competition for 

the Chinaware and Porcelain Manufacturing Industry as submitted 

by the Code Authority for that industry and on an amendment 

proposed by the National Recovery Administration. 

The amendment proposed by the Code Authority did not have the 

backing of a sufficient majority of the members of the industry to 

m rit approval at this time. In view of this fact it was deemed 

advi able to proceed with the approval of the amendment contained 

in Schedule "B" of the Notice of Hearing and to which the Code 

Authority has assented. 

The amendment propo eel by the National Recovery Administration is designed to bring certain provision of the Code into conformity with approved policy and terminology. The amendment 

provides for handicapped workel's, standards of safety and health, 

hazardous occupations, supersedance of state and Federal Laws, the 

posting of labor provision , dismissal of employees for complaint of 

cor:le violation, the collection of reports and statistics, the right of 

the National Industrial Recovery Board to suspend unfair actions 

of the Code Authority, conferring upon the Code Authority the right 

to propo. e amendments, false billing and commercial bribery. The Depnty Admini ·b·ator in his final report to us on aid amendment to said Code having found as herein set forth and on the basis 

of aJl proceedings in this matter: 

\V e find that: 

(a) The amendm.ent to said Code and the Code as amended are 

well desi o-ned to promote the policies and purposes of Title I of 

the National Industrial Recovery Act including the removal of obtrnction · to the free flow of interstate and foreign commerce which 

tend to diminish the amount thereof, and will provide for the o-eneral 

welfare by promoting the organization of in lustry for the purpo e 

of ooperative action of labor and management under adequate 

governmental sanction and upervision, by eliminating unfair omr etitive practices, by promoting the fullest po ible utilization of 

the pre ent productiv capacity of indu trie , bj avoiding undue 

re triction of production (except as may be temporarily required), 

by increa ing the consumption of industrial and agricultural prodnet through incr asing purchasing power, by reducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provi ion of said Title of said Act, including without limita-

(2) 
3 

b ection (a) of S ction 3, ub tion (a) f e tion 7, and , nb tion (b) of S tion 10 thereof. 

( ) The amen lment and th ode as amended are not d ·io-n d to 

an 1 will not permit monopolie or monopoli tic pra tice . 

(d) The amen lment and the ode a amended ar n t c1 io-n d to 

and will n t eliminate or oppr small enterprise and will not 

operat to di criminate again t them. 

(e) Tho e engaged in oth r st p of the econo 1i proce h av not 

b en depriv l of the right to be heard I rior t appro l of aid 

amendment. 

For the e rea on , theref : , \Y have approY d thi.· amendm nt. 

For the National Indu trial Recov ry B oard : 

"' . . HARRLL\... 

Adn"illi(J trative Officer. 

FEBR ARY 11, 1935. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE CHIN AWARE AND PORCELAIN MANUFACTURING 

INDUSTRY 

1. Amend Article II, s~tion (c) by adding at the end of the 

paragraph the word "except a member of the Industry." 

2. Delete Article II, Section (e) and substitute therefor: 

SE TION (e). The term " member of the industry " as used herein 

include , but without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in the 

industry, either a · an employer or on his or its ·own behalf. 

3. Delete Article II, Section (f) and sub titute therefor: 

SE TION (f). The terms "President", "Act" and "National Industrial Recovery Board" as used herein mean respectively the 

President of the United States, Title I of the National Industrial 

Recov ry Act, and the National Indu trial Recovery Board. 

4. Delete the word "Administrator" wherever used in the Code 

and in ert in lieu thereof "National Industrial Recovery Board" 

togeth r with th appropriate pronoun. 

5. Amen l Article IV, Section (a) by inserting the word "sub-

-tantially " between the words " do " and "the" in the fourth line. 

6. Add a new ection (f) to Article IV as follows: 

SE 'TION (f). A per on whose earning capacity is limited because 

of age or phy ical or mental handicap or -other infirmity may be 

employed on light work at a wage below the minimum established 

by thi. · Cole if the employer obtains from the State Authority designated by the United States Department of Labor a certificate 

authorizing hi employment at ·uch wage and for such hours as 

shall be stated in the certifi ate. Each emplJyer shall file monthly 

with the Code Authority a list of all such persons employed by 

him, . bowing the wage paid to, and the maximum hours of work 

for such employee . 

7. ~ dd a new Section (g) to Article IV as follow : 

SECTION (g). This \.rticle e tabli hes minimum rate of pay which 

shall apply, irre pective of whether an employee i actually oampen at d on a time rate, pie e-work, or other basi . · 

8. Amend Article V by deletino· Section 1 and sub titute therefor: 

1. No person und r ixt en (lti) years of ag shall be employed 

]n th Industry in any capacity. No person under eighteen (18) 

years of age shall be employed in the Industry at operation or occupation hazardou in nature or dang rou to health. · 

Th Code Authority shall ·ubmit to the National Industry RecovC'ry Board within sixty (60) day· a li t of such operation or occupations. In any . -tate any employer shall b deemed to have 

complied with thi provi ion a to ao· if he . ·hall have on file a 

certifi ate or permit, duly igned by the Authority in u h state 

(4) 
5 

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

9. Amend Article V by deleting Section 5 and . ·ubstituting therefor: 

5. No provision of this Code shall super de any state or F ed ral 

law which imposes on employers more strin<Yent requirem nt a to 

age· of employ e , wages, hours of work, or a to ·afety, h alth, .'aniiary or general working conditions, or insurance, or fire prote ·tion, 

than are imposed by this Code. 

10. Amend Article V by deleting Section ~· and sub. tituti11g therefor: 

7. All employers shall post and keep po ted copie of thi Code 

in conspicuous places acces ible to all employees. E-.;-ery member 

of the industry hall comply with all rule and regulations relative to the posting of provision of Codes of Fair Comp tition which 

may from time to time be pre cribed by the 1 ational Indu trial 

R overy Board. 

11. Add a new Section 10 to Article V a follow. : 

10. Every employer shall provide for the afety a11<l health f 

pmployees during the hours and at the place of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the National Industrial Recovery Board within ninety 

(90) days after the effective date of this amendment. 

12. Add a n w Section 11 to Article V as follmYs: 

11. No employer ·hall li mi or demote any employee for making 

a complaint or giving evidence with respect to an alleged violation 

of the provision of this Code. 

13. Amend Article VI by deleting opening paragraph of Section 

2 and Sub ·ection 2 (a) and substituting therefor : 

2. ubje t to such rules and regulation as may be i ·. uecl by the 

~ ational Indu trial Recovery Board, the Code Auth rity ·hall have 

the following power and duties, in addition to those authorized 

by other provisions of this Code : 

(a) To insure the execution of the provi ·ions of this Code an 1 to 

provid~ f or the compliq.n e of the indu try with the provi ions of 

t11e Act. · 1 (b) · To obtain :from members of the Indu .. try such information 

and report a are requir d for the admini tration of th Code. All 

]nfon11ation an l reports of a confidential nature shall b filed ''ith a 

·onfidential and disintere ted agent to b named by th Code Au-

·hority, ubject to the approval of the National In lu .. trial Recover 

Board. In addition to inforn ation r q·uire l to be ubmitt cl to th 1

ode Authority, member of the indu try ubje t to thi Code hall 

furni h such tati tical information a. the National Indu trial Recovery Board may deem neces ary for the I urp e re ited in ction 

3 (a)· of the Act to . uch Federal and tat ag n i ,. a · it may de ig11 at ; provid d that nothing in thi Code shall reli ve any member 

of the in lu try of any exi tin · oblio·ations to furnish r ] rt to any 

Government a<Y n y. No indivi lual report ·hall b eli clo ed to any 

other memb r of th in<lu ~tr. or any other I art} :s: e t to u h 

oth r Governm ntal ao· n i a may b lir ct 1 by th National 

Indu trial R overy Boar 1. 

14. Change l ·ignation f Se tion 2 (b) to Secti n 2 (d). 
6 

15. Add a new Sub-section (e) to Article VI, Section 2 as follows: 

(e) The Code Authority shall have the power to consider proposals 

for modifications and amendments to this Code and make recommendations thereon from time to time to the National Industrial 

Recovery Board, which modifications or amendments shall become 

effective as part of this Code, upon approval by the National Industrial Recovery Board after such notice and hearing as it may specify. 16. Delete Section 4 of Article VI and substitute therefor: 

4. If the National Industrial Recovery Board shall at any time · determine that any action of the Code Authority or any agency 

thereof may be unfair or unjust or contrary to public interest, the 

National Industrial Recovery Board may require that such action 

be suspended to afford an opportunity for investigation of the merits 

of' such action and further consideration by such Code Authority 

or agency pending final action which shall not be effective unless 

ihe National Industrial Recovery Board approves or unless it shall 

fail to disapprove after thirty (30) days notice to it of intention to 

proceed with such action in its origjnal or modified form. 

17. Amend Article VII by deleting Section 2 (b) and substituting 

therefor: 

(b) No member of the industry shall knowingly withhold from or 

jnsert in any quotation or invoice any statement that makes it inaccurate in any material particular. 

18. Amend Article VII by deleting Section 2 (k) and substituting 

therefor: 

(k) No member of the industry shall give, permit to be given, or 

offer to give; anything of value for the purpose of influencing or 

re\'ntrcling the action of any employee, agent, or representative of 

another in rdation to the business of the tmployer of such employee, 

the principal of such agent, or the represented party, without the 

knowledge of such employer, principal or party. This provision 

shall not be construed to prohibit free and general distribution o£ a~·ticles commonly used for advertising except so far as such articles 

are actually nsed for commercial b['ibery as hereinabove defined. 

Approved Code No. 126--Amendment No. 5. 

Registry No. 1033- 1-01. 

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