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Approved Code No. 346 Registry No. 1711-11 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR CO·MPETITION 

FOR THE 

BOWLING AND BILLIARD 

OPERATING TRADE 

AS APPROVED ON MARCH 17, 1934 

BY 

PRESIDENT ROOSEVELT 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

l 

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Approved Code No. 346 

CODE OF FAIR COMPETITION 

FOR THE 

BOWLING AND BILLIARD OPERATING TRADE 

As Approved on March 17, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

CODE OFF .AIR COMPETITION FOR THE BOWLING AND BILLIARD OPERATING 

TRADE 

An application having been duly made, pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

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

of Fair Competition for the Bowling and Billiard Operating Trade, 

and hearings having been held thereon and the Administrator having 

rendere9- his report containing an analysis of the said Code of Fair 

Competition together with his recommendations and findings with 

respect thereto, and the Administrator having found that the said 

Code of Fair Competition complies in all respects with the pertinent 

provisions of Title I of said Act and that the requirements of clauses 

(1) and (2) of subsection (a) of section 3 of the said Act have been 

met: 

NOW, THEREFORE, I , Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by Title I of 

the National Industrial Recov~ry Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations, and 

findings of the Administrator and do orqer that the said Code of 

Fair Competition be and it is hereby approved. 

Approval recommended: 

HUGH -s. JOHNSON, 

A<P!ninistrator. 

THE WHITE HousE, 

March 17, 1934. 

FRANI{LIN D. ROOSEVELT. 

47136°-425- 102-34 (221) 

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LETTER OF TRANSMITTAL 

The PRESIDENT, 

The White Howse. 

INTRODUCTION 

Sm: This is the report of the Administrator on the application 

for, and public hearing on, a Code of Fair Competition for the 

Bow ling and Billiard Operating Trade as proposed by the Bow ling 

Proprietors Association of America and the National Billiard 

Association of America. 

The public hearing was conducted in Washington on December 12, 

1933. Every person who requested an appearance was freely heard 

in accordance with statutory and regulatory requirements. 

The Bow ling Proprietors Association of America claims that the 

members of the Trade affiliated with their Association represent 80% 

of the dollar volume of the business in the Bowling Operating Trade. 

The National Billiard Association of America claims that the members affiliated with their Association represent 75% of the total capital invested in the Billiard Operating Trade. 

It was mutually agreed upon to have a Code containing provisions 

that would apply to both Trades. Such action was prompted when 

it was brought to the attention of the Administrator that both 

Trades, namely, the Billiard Operating Trade and the Bowling 

Operating Trade, had problems in common. 

ECONOMIC AND STATISTICAL MATERIAL ., 

For the 1928-1929 season, the sales volume amounted to over 

$120,000,000 and the estimated employment in 1929 was 160,000 

persons. The volume of sales for the 1932-1933 season was estimated to be slightly over $57,000,000 and the employment for the 

1932-1933 season was estimated at 136,000 persons. The representatives of the Trade claim that the employment figures will be increased by 331/3% when the Code goes into effect. Coupled with increased employment within the Trade, there will also be an inc_reased 

purchasing power for the individual employee under the Code. 

RESUME OF CODE PROVISIONS 

The Code establishes for office and clerical employees a forty ( 40) 

hour work week and a further proviso to the effect that such an 

employee shall not work more than eight (8) hours in any twentyfour (24) hour period while all other employees are limited to a 

fifty-two ( 52) hour work week. 

The minimum rate of pay for a regular employee for a fifty-two 

( 52) hour work week is $20.00, $17.50, $14.50, and $12.00, according 

to what classification as to population of the city in which the em-

(£-2.2) 
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ployee works. A porter, watchman or ball-rack boy receives a minimum rate of pay for a fifty-two ( 52) hour work week of $15.00, 

$14.50, $12.00, and $11.00, according to the same classification as mentioned for the regular employee. The Code provides for a minimum 

to the pin set~r and an appreciable increase in his commissions per 

line set up by him. The Trade representatives claim that the pro·vision will increase the compensation received by a pin setter by 50 % 

over and above what he received for the 1932-1933 season. 

Such provisions will require a more than substantial contribution 

toward national recovery from part of the Trade. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceed. 

ings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the N at.ional Industrial 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 eliminating unfair competitive practice, by promoting the fullest possible 

utilization of the present production capacity of industries, by avoiding undue restriction of production ( except as may be temporarily 

required), by increasing _the co~sumption o~ industrial and agricultural products through 1ncreas1ng purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) The Code 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 Section 7, and Subsection 

(b) of Section 10 thereof; and that the applicant associations are 

trade associations truly representative of the aforesaid Trade; and 

that the said associations impose no inequitable restrictions on admission to membership therein. 

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

( e) 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, I recommend approval of this Code. 

Respectfully, 

MARCH 14, 1934. 

HUGHS. JOHNSON, 

Admini.strator. 
CODE OF FAIR COMPETITION FOR TI-IE BOWLING AND 

BILLIARD OPERATING TRADE 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act the following provisions are established as a Code of 

Fair Competition for the Bowling and Billiard Operating Trade 

and shall be the standard of fair competition for such trade and 

shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term" Bowling and Billiard Trade" (hereinafter called "the 

trade") includes the furni ~hing for a consideration of facilities and 

equiprn.ent for bowling and billiards. 

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

the trade in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such compensation. 

The terms "employer" and "operator" as used herein include 

anyone by whom any such employee is compensated or employed. 

The term " member of the Trade " includes anyone engaged in the 

trade as above defined, either as an employee or on his own behalf. 

The terms "President", "Act", and "Administrator", as used 

herein shall mean respectively the President of the United States, 

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. 

Population for the purposes of this Code shall be determined by 

reference to the 1930 Federal Census. 

ARTICLE III-I-IouRs 

1. No office or clerical employee shall be permited to work in excess 

of forty ( 40) hours in any one week or eight ( 8) hours in any 

twenty-four (24) hour period. 

2. No other employee shall be permitted to work in excess of fiftytwo (52) hours in any one week, or nine (9) hours in any twenty-four 

(24) hour period. 

3. The above limitations shall not apply to an employee engaged 

in a managerial or executive capacity who earns not less than thirtyfive dollars ($35.00) per week. 

4. No employee shall be permitted to work more than twenty-four 

(24) days in any twenty-eight (28) day period. 

AnTicLE Iv-,v AGES 

1. No porter, watchman, or ball-rack boy shall be paid at less than 

the rate of fifteen dollars ($15.00) per week in any city of over 

500,000 population or in the immediate trade area of such city; nor 

(224) 
225 

less than fourteen dollars fifty cents ($14.50) per week in any city 

of between 250,000 and 500,000 population, or in the immediate trade 

area of such city; nor less than twelve dollars ($12.00) per week in 

any city of between 2,500 and 250,000 population, or in the immediate 

trade area of such city; nor less than eleven dollars ($11.00) per 

week in towns of less than 2,500 population. 2. No pin setter shall be paid at less than the rate of twenty percent (20% ) of the price charged per line for all lines set up by him, 

and at no time shall receive less than four cents ( 4¢) per line for ten 

(10) pin bowling, nor less than three cents (3¢) per line fo_r all 

"small ball games", and in no case shall a pin setter who has commenced his work receive less than thirty cents (30¢) even though the 

minimum pay, to be computed as provided hereinabove shall not 

have boon earned. 

3. No part-time employee, engaged by the hour, shall be paid at 

less than the rate of forty cents ( 40¢) per hour. 

4. No other employee shall be paid at less than the rate of twenty 

dollars ($20.00) per week in any city of over 500,000 population, or 

in the immediate. trade area of such city; nor less than seventeen dollars fifty cents ($17.50) per week in any city of between 250,000 

and 500,000 population, or in the immediate trade area of such city; 

nor less than fourteen dollars ($14.00) per week in any city between 

2i500 and 250,000 population, or in the inunediate trade area of such 

city; nor less than twelve dollars ($12.00) per week in towns of less 

than 2,500 population. 

5. This Article establishe.s a minimum rate of pay, regardless of 

whether an employee is compensated on a time rate, piecework, or 

other basis. -

6. No employee whose full time weekly hours for the four weeks 

ended June 17, 1933, are reduced by the provisions of this Code by 

less than twenty percent (20% ) shall have his or her full time weekly 

earnings reduced. No employee whose full time weekly hours are 

reduced by the provisions of this Code, in excess of twenty percent 

(20%) shall have his or her said earnings reduced by more than 

fifty percent ( 50% ) of the amount calculated by multiplying the 

reduction in hours in excess of twenty percent (20% ) by the hourly 

rate. 

7. Tips or gratuities shall not be included in wages. 

ARTICLE V - GENERAL LABOR PROVISIONS 

1. Child Labor Provi~ions.- No person under sixteen (16) years 

of age shall be employed in the Trade. No person under eighteen 

(18) years of age shall be employed at operations or occupations 

which are hazardous in nature or detrimental to health. The Code 

Authority shall submit to the Administrator within sixty (60) days 

after the effective date of the Code, a list of such occupations. In 

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

provision as to age if he shall have on file a certificate or permit 

duly issued by the Authority in uch State empowered to issue employment or age certificates or permit showing that the employee is 

of the required age. 
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2. Provisions from, the Act.-(a) Ern.ployees shall have the right 

to organize and bargain collectively through representatives of their 

own choo ing, and shall be free from the interference, restraint, or 

coercion of e1nployers of labor, or their agents, in the designation of 

such repre entative or in self-organization or in other concerted 

actiYities for the purpo e of collectiYe bargaining or oth 0 r 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 a isting a labor organization 

of his own choosing, and 

(c) Employers shall comply with the maximum hours of labor, 

n1inimum rates of pay, and other conditions of employment, approved 

or l)rescribed by the President. 

3. State L aws.-N o provisions in this Code shall supersede any 

State or Federal law which imposes more stringent requirem-ents on 

employers as to age of employees, wages, hours of work, or as to 

safety, health, sanitary or general working conditions, or insurance, 

or fire protection than are imposed by this Code. 

4. R eclassification of Ernploy·ees.-N o employer shall reclassify 

employees or duties of occupations performed for the purpose of 

defeating the provisions of the Act or of this Code or engagB in any 

other subterfuge. 

5. Standards fo1' Safety and H ealth.-Every employer shall proYide for the safety and health of his employees at the place and 

during the hours of their employment. Standards for safety and 

health shall be submitted by the Code Authority to the Administrator 

within six months after the effective date of this Code. 

6. Posting.-Each employer shall post in conspicuous places accessible to employees full copies of Articles III, IV, and V, of this Code. 

ARTICLE VI-ADM.INISTRA TION 

1. Organization of Code Authority.-A Code Authority is hereby 

constituted to administer this Code. 

2. The Code Authority shall consist of eight (8) individuals or 

such other number as may be approved from time to time by the 

Administrator, to be selected as hereinafter set forth, four ( 4) of 

whom shall represent the bowling trade and four (4) of whom shall 

represent the billiard trade, and of such additional members without 

vote as the Administrator, in his discretion, 1nay appoint, to represent such groups or governmental agencies as he may designate, but 

one such appointee shall be nominated by the American Bowling 

Congress and instructed to safeguard the interests of consumers. 

Every member of the Trade who qualifies as provided in Section 5 

of this Article shall be entitled to one vote in the nomination and 

election of the members of the Code Authority. Arrangements for 

such nomination and election shall be made by t.he proponents of 

this Code within thirty (30) days of the effective date thereof or 

otherwise as the Administrator may require. The Code Committee 

of the Bow lino· Proprietors Association of America and the National Billiard Association of America shall act in this capacity 

in the interim. 
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3. Each trade or industrial association, directly or indirectly participating in the selection or activities of the Code Authority shall 

(1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its Articles of Association, 

By-Laws, regulations, and any aniendments when made thereto, 

together with such other information as to membership, organization, and actfrities as the Administrator may deem nece sary, to 

effectuate the purposes of the Act. 

4. In order that the Code Authority shall at all time be truly 

representative of the Trade and in other respects comply with the 

provisions of the Act, the Ad1ninistrator may provide such hearings as he may deem. proper; and thereafter if he shall find that 

the Code Authority is IJ.ot truly representative or does not in other 

respects comply with the provisions of the Act, may require an 

appropriate modification in the method of selection of the Code 

Authority. 

5. itfembers of the Trade shall be entitled to })articipate in and 

share the benefits of the activities of the Code Authority, to participate in the selection of the members thereof, and to use the 

N.R.A. Code Insignia, by assenting to and complying with the requirements of this Code and sustaining their reasonable share of the 

expenses of its administration. The reasonable share of the expenses 

of administration shall be determined by the Code Authority, subject to review by the Administrator1 on the basis of volume of business and/ or such other factors as 111ay be deen1ed equitable to be 

taken into consideration. 

6. Nothing contained in this Code shall constitute the members of 

the Code Authnrity partners for any purpose.• Nor shall any 1ne111-

ber 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 exercising reasonable diligence in the conduct of his duties 

hereunder nor be liable to anyone for anY. action or omission to act 

under the Code, except for his own willful misfeasance or nonfeasance. 

7. Powers and Duties of Code Awthority.-The Code Authority 

shall have, to the extent pern1ittecl by the Act, the following powers 

and duties in addition to those elsewhere provided in this Code. 

(a) To adopt by-laws and rules and regulations for its procedure 

and for the administration and enforcen1ent of the Code, in accordance with the powers herein granted, and to sub1nit the same to the 

Administrator for his approval, together with true copies of any 

amendments or additions when made thereto, minutes of 1neetings 

when held, and such other information as to its activities as the 

Administrator may deem necessary to effect the purpose of the Act. 

(b) To obtain from members of the Trade for use of the Code 

Authority, for the Administrator in the administration and enforcement of the Code1 and for the inform.ation of the President, reports 

based on periods of one, two, or four weeks, or 1nultiples thereof, as 

soon as the necessary readjustment within the Trade can be made 

and to give assistance to membe.rs of the Trade in improving methods, or in prescribing a uniform system, of accounting and reporting. 

All individual reports shall be kept confidential as to members of 

the Trade and only general summaries thereof may be published. 
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(c) To receive complaints of violations of thi Code, make investigations thereof, and bring to the attention of the Administrator, 

recommendations, and information relative to violations. 

( d) To u e ·uch trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for herein 

and to pay such trade associations and agencies the cost thereof, 

provided that nothing herein shall relieve the Cod~ Authority of 

its duties or re ponsibilities under this Code and that such trade 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 

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

Codes, if any, as may be related to the Trade, or any subdivision 

thereof, and may assist in promoting joint action upon matters of 

common interest by establishing a Joint Advisory Board to which 

one or more of its members shall be delegated, or by delegation of any 

of its powers to any administrative authority. 

(f) To secure an equitable and proportionate payment. of the expenses of maintaining the Code Authority and its activities fron1 

members of the Industry. 

(g) To cooperate with the Administrator in regulating the use of 

the N.R.A. Code Insignia solely by those employers who have 

assented to, and are complying with, this Code. 

(h) Local Administrative Boards.-The Code Authority shall 

appoint Local Administrative Boards within trading areas for the 

purpose of assisting in the administration of this Code within such 

trading areas. The Code Authority shall fix the boundaries of such 

trading areas. 

A Local Adminisu~ative Board composed of not less than three 

members and not 111.ore than seven meinbers shall establish and prescribe, after due notice to every known member of the Trade and a 

public hearing of which representatives of consumers and others 

substantially affected, shall be notified, fair and reasonable minimum 

prices for the several services comprised within the definition of the 

Bowling and Billiard Trade. Establishments in any given trading 

area shall be classified according to location, volume of business 

and/or such other factors as may be deemed equitable to be taken into 

consideration, into at least two and not more than four groups and 

fair and reasonable minimum price differentials shall be determined 

for each such group, one of which must be comprised of institutions 

fostering the recreation of youth. Such minimum prices shall be 

sufficient to provide for carrying out the purposes of the Act, to enable the Trade to maintain the payn1.ent of at least the minimum 

wages herein established and other wages properly based thereon, the 

furnishing of stable employment necessary to maintain the trade, 

and such other considerations us are reasonably pertinent thereto. 

Any minimum prices thus determined shall not be effective until 

approved by the Code Authority and the Administrator and then 

for a trial period of only ninety days. Prior to the expiration of 

the trial period, the Local Administrative Board shall render a report 

to the Code Authority on the operation of this provision and the 

desirability of its continuation, but continuation must be recommended by the Code Authority and approved by the Administrator 

in order to become effective. . 
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Thereafter, changes in the minimum prices may be effected only by 

the J?rocedure provided herein for their original establishment. 

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

8. Gene1·al Aclniinistrative Pro•vision.-In addition to the information required to be submitted to the Code Authority, there shall be 

furnished to Government agencies such statistical information as 

the Administrator may deem necessary for the purposes recited in 

Section 3 (a) of the Act. 

9. An appeal from any, action by the Code Authority affecting the 

rights of any employer or employee in the Tra le may be taken to the 

Administrator. 

10. If the Administrat-0r shall determine that any action of a 

Code Authorii.J or any agency thereof may be unfair or unjust or 

contrary to the public interest, the Administrator may require that 

such action be suspended to afford an opportm1ity 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 the Administrator approves or unless he shall fail to disapprove after 30 days' notice tq him of intention to proceed with such 

action in its original or modified form. 

ARTICLE VII-TRADE PRACTICES 

The following practices constitute unfair methods of competition 

for members of the Trade and are prohibited. 

1. The payment of any allowance, refund, rebate, commission, or 

credit, whether monetary or otherwise, extending a special service, 

privilege, or concession, directly or indirectly, to any individual or 

group for the purpose of securing league, club, tournament or open 

bowling and/or billiards, except as established pursuant to Article 

VI Section 7 (h). 

2. Misleading or deceiving customers with respect to the character, 

service, and conditions of any bowling and/ or billiard establishments. 

3. Maliciously inducing or attempting to induce breach of an existing contract between a competitor and his customer, or interfering with or obstructing the performance of any such contractual duty 

or service by any such means. 

4. To sell any of the several services at less than the minimum 

prices as established by the Code Authority in Article VI, Section 

7 (h). 

ARTICLE VIII-MODIFICATION 

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 Recovery Act, from time to time to cancel or modify any order, 

approval, license, rule or regulation issued under Title I of said 

Act, and specifically, but without limitation, to the right of the 

President to cancel or m.oclify his approval of this Code or any conditions imposed by him upon his approval thereof . . 2. This Code, except as to provi ions required by the Act, may be 

modified on the basis of experience or change in circumstances, such 
230 

modification to be based upon application to the Administrator and 

such notice and hearing as he shall specify, and to become effective 

on approval of the President. 

ARTICLE IX-:M:oNOPOLIES 

No provision of this Code· shall be so applied as to permit monopolies or monopolistic practices or to eliminate, oppress, or discriminate 

again t small enterprises. 

ARTICLE X-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases shall be delayed, and that when n1ade the same should, so 

far as reasonably possible, be limited to actual increases in the 

seller s costs. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the first Monday after its 

approval by the President. 

Approved Code No. 346. 

Registry No. 1711-11. 

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