UNIVERSITY OF FLORIDA 

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3 1262 08486 7836 Registry No. 299-45 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BRATTICE CLOTH 

MANUFACTURING INDUSTRY 

AS APPROVED ON NOVEMBER 26, 1934 

WE DO OUR PAR't 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASWNGTON: 1934 

For sale by the Superintendent of Docume nts, Washington, D. C. - - - - - - - - Price 5 centa 
This publication is for sale by the Superintendent of Documents, Government 

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Approved Code No. 535 

CODE OF FAIR COMPETITION 

FOR THE 

BRATTICE CLOTH MANUFACTURING INDUSTRY 

As Approved on November 26, 1934 

ORDER 

APPROVING THE BASIC CODE AS THE CODE OF FAIR COMPETITION FOR 

THE BRATTICE CLOTH MANUFACTURING INDUSTRY 

An application having been made pursuant to Administrative 

Order No. X-61, dated July 10, 1934, .for the approval of the Basic 

Code, as amended and attached to the annexed report as Exhibit 

"A", as the Code of Fair Competition for the Brattice Cloth Manufacturing Indu.stry, defined for the purposes of this Order as follows: 

The term "Industry" as used herein means the manufacture of 

brattice cloth and the sale thereof by the manufacturer and such 

branches thereof as may from time to time be included under the 

provisions of this Code. 

NOW, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order #6559, dated September 27, 1934 and otherwise; 

does hereby : 

(a) incorporate by reference said annexed report and said Code, 

as attached thereto marked Exhibit "A", 

(b) find that said Code complies in all respects with the pertinent 

provisions and will promote the policy and purpose of said Title o.f 

s-aid Act, and 

( c) order that said Code be and it hereby is approved as the 

Code of Fair Competition for the Brattice Cloth Manufacturing 

Industry as above defined. 

This Order -shall become effective ten (10) day,s from the date 

hereo.f unless prior to that time good cause to the contrary is shown 

to the National Industrial Recovery Board and it, by its further 

order, otherwise directs. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Adminutrative Officer. 

Approval recommended: 

PRENTISS L. CooNLEY, 

Actilng Divi,sion Administrator. 

w ASHINGTON, D. c., 

November £6, 1934. 

99812°-1325- 105-34 (45) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

the Brattice Cloth Manufacturing Industry, which was presented 

by duly qualified and authorized representatives of the Industry, 

complying with statutory requirements, said to represent 100 percent in volume of sales of the Industry which could be included in 

this Code. 

GENERAL STATEMENT 

The Brattice Cloth Manufacturing Association, being duly representative of the Brattice Cloth Manufacturing Industry, has elected 

to avail itself of the option of submitting a Basic Code of Fair Competition, as provided in Administrative Order X-61, dated July 

10, 1934. 

This Industry manufactures and sells brattice cloth to be us-ed in 

Mines to conduct and regulate air currents. 

THE INDUSTRY 

According to statistics furnished by members of the Brattice Cloth 

Manufacturing Association, there are five concerns engaged in the 

Industry, with aggreg"ate annual sales of approximately $275,000.00. 

The Industry employes about 69 persons. 

PROVISIONS OF THE CODE 

The hour and wage provisions of this Code establish a maximum 40 hour week, except for 8 weeks in any one year, any employee 

may be permitted not more than 48 hours per week. All hours in 

excess of 8 per day or 40 per week shall be paid at not less than one 

and one-half times the employe~'s regular rate. The minimum wages 

of this Code are 35¢ in the northern section of the United States 

and 30¢ per hour in the southern section of the United States. The 

remaining provisions of the Code are those of the Basic Code of Fair 

Competition, as provided in Administrative Order X-61, dated July 

10, 1934. 

FINDINGS 

The Deputy Administrator in his final report to the National 

Industrial Recovery Board on said Code having found as herein set 

forth and on the basis of all proceedings in this matter : 

It finds that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

(46) 
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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 cooperatiYe action among trade groups, by 

inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by 

avoiding undue restriction of production ( except as may be temporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards o:f 

labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified· by the National Industrial Recovery 

Board as a major industry. 

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

Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable 

restrictions on admission to membership therein. 

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

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

For these reasons, this Code has been approved. 

For the National Industrial Recovery Board: 

NOVEMBER 26, 1934. 

w. A. HARRIMAN, 

Ad1ninistrative Officer. 
ExmBIT "A" 

CODE OF FAIR COMPETITION FOR THE BRATTICE 

CLOTH MANUFACTURING INDUSTRY 

ARTICLE I 

To effectuate the policies of Title I of the National I ndustrial 

Recovery Act, the fallowing provisions are established as a basic 

Code of Fair Competition which shall govern the Brattice Cloth 

Manufacturing Industry applying therefor in accordance with 

Administrative Order No. X-61, dated July 10, 1934. 

The term "Industry" as used herein means the manufacture of 

brattice cloth and the sale thereof by the manufacturer and such 

branches thereof as may from time to time be included under the 

provisions of this Code. 

The term "Brattice Cloth" as used herein means jute fabrics 

which have been chemically treated to make them fire-proof, for use 

in mines to conduct and regulate air currents. 

ARTICLE II 

SECTION 1. H ours.-N o employee shall be permitted to work in 

excess of forty ( 40) hours in any one week, except that for eight 

(8) weeks in any one calendar year, any employee may be permitted 

to work not more than forty-eight ( 48) hours per week. All hours 

in excess of eight (8) per day or forty (40) per week shall be paid 

for at not less than one and one-half (11⁄2) times the employee's 

regular rate. 

SECTION 2. Exceptions.-The provisions of Section 1 shall not 

apply to employees engaged in emergency maintenance or emergency 

repair work involving breakdowns or the protection of life or property, nor to persons employed in a managerial or executive capacity 

who earn regularly Thirty-five Dollars ($35.00) per week or more, 

nor to any other class of employees which the National Industrial 

Recovery Board shall find upon application of true representatives of 

the trade or industry should be subjected to an exemption or amendment in accordance with N. R. A. policy; provided, however, that 

employees engaged in such emergency maintenance and emergency 

repair work shall be paid at one and one-half (11⁄2) times their 

normal rate for all hours worked in excess of forty ( 40) hours per 

week. 

SECTION 3. Jl,/inimwm Wages.-No employee shall be paid in·any 

pay period less than at the rate of fourteen dollars ($14) per week 

for forty ( 40) hours of labor, except in Southern Section in which 

region no employee shall be paid in any pay period less than at the 

rate of twelve ($12) per week for forty ( 40) hours of labor. 

(48) 
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The " Southern Section " shall include the states o:f Virginia, 

North Carolina, South Carolina, Georgia, Tennessee, Alabama, Mississippi Louisiana, Texas and Florida. 

The d Northern Section" is defined to mean the rest o:f the United 

States. 

SECTION 4. Wages in Gene'ral.-All wages shall be adjusted so as 

to maintain a differential at least as great in amount as that existing 

on June 16, 1933, between wages for such employment and the then 

minima. In no case shall there be any reduction in hourly rates; 

nor in weekly earnings for any reduction in hours o:f less than thirty 

percent. 

ARTICLE III 

SECTION 1. 0 hild Labor.-N o person under sixteen years o:f age 

shall be employed in the industry in any capacity. No person under 

eighteen years o:f age shall be employed at operations or occupations 

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

Authority shall submit to the National Industrial Recovery Board 

for approval March 1, 1935, a list of such operations or 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 valid certificate or 

perm.it duly signed by the authority in such State empowered to 

issue employment or age certificates or permits, showing that the 

employee is of the required age. 

SECTION 2. Apprentices.-The hours and wages of regularly indentured apprentices in skilled trades or occupations of the industry 

may depart from the standards hereinabove prescribed; provided 

that the terms of employment and the course of instruction of such 

apprentices shall conform to standards uniform throughout the trade 

or industry and approved by the National Industrial Recovery 

Board. 

SECTION 3. Handicapped Persons.-A person whose earning capacity is limited because of age, physical or mental handicap, or other 

infirmity, may be employed on light work at a wage below the minimum established by this Code, if the employer obtains from the State 

Authority designated by the United States Department of Labor, 

a certificate authorizing such person's employment at such wages and 

for such hours as shall be stated in the certificate. Such authority 

shall be guided by the instructions of the United States Department 

of Labor in issuing certificates to such persons. Each employer shall 

file monthly with the Code Authority a list of all such persons employed by him showing the wages paid to, and the maximum hours 

of work for such employee. · 

SECTION 4. Safety and H ealth.-Every employer shall make reasonable provisions 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 

National In :lustrial Recovery Board for aproval within three months 

after the effective date of this Code. The standards approved shall 

thereafter be a part of this Code and enforceable as such. 

SECTION 5. R equired Labor Olauses.-The provisions of Section 

7 (a) of said Act are hereby incorporated herein by this reference 

and shall be complied with. . 
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ARTICLE IV 

(A) ADMINISTRATION 

This Code shall be administered by the General NRA Code Authority which shall be selected pursuant to, have the powers specified 

in and function as follows; provided, however, that, on approval by 

the National Industrial Recovery Board, the Brattice Cloth Manufacturing Industry may elect its own Code Authority to have powers 

and to function in the manner prescribed for the General NRA Code 

Authority and under such rules and regulations as the National 

Industrial Recovery Board may prescribe. 

( B) GENERAL NRA CODE AUTHORITY 

(i) The General NRA Code Authority, provided for in Article iV 

of said Basic Code, shall be appointed by the National Industrial 

Recovery Board and shall serve without expense to the Industries 

subject to such Code. 

(ii) Such Code Authority shall have the following powers and 

duties: 

( aa) To insure the execution of the Code and to provide for the 

compliance of the industry with the provisions of the Act. 

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

( ac) To obtain from members of the industry such inforn1ation 

and reports as are required for the administration of the Code. In 

addition to information required to be submitted to the Code Authority, members of the industry subject to said Basic Code shall 

furnish such statistical information as the National Industrial Recovery Board may deem necessary for the purposes recited in Section 

3 (a) of the Act to such Federal and State agencies as it may designate; provided that nothing in the Code shall relieve any member of 

the industry of any existing obligations to furnish reports to any 

Government agency. No individual report shall be disclosed to any 

other member of the industry or any other party except to such other 

Government agencies as may be directed by the National Industrial 

Recovery Board. 

( ad) The General NRA Code Authority shall submit to the 

National Industrial Recovery Board within 90 days after the 

approval of this Basic Code a list of industries covered by the Basic 

Code, in which work on any part of the product is performed in the 

home and/ or work is contracted out. The General NRA Code 

Authority may also submit a list of special problems affecting 

particular industries operating under the Basic Code, and 

recommendations pertaining thereto. 

( ae) To make recorrunendations to the National Industrial Recovery Board for the coordination of the Administration of the Code 

and such other codes, if any, as may be related to or affect members 

of the industry. 

( af) To recommend to the National Industrial Recovery Board 

any action or measure deemed advisable, including further fair trade 

practice provisions to govern members of the industry in their relations with each other or with other industries; measures for industrial 

planning, and stabilization of employment. 
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ARTICLE V-TRADE PRACTICES 

(A) It shall be an unfair method of competition for any member 

of any trade or industry subject hereto to violate any rule of fair 

trade practice for this industry even if not herein contained when 

approved by the National Industrial Recovery Board, or, in the case 

of trade practice provisions for trades or industries under the jurisdiction of the Secretary of Agriculture when approved by such 

Secretary, on application concurred in by seventy-five (75) percent 

of the members of such trades or industry. 

(B) Prices, rebates, discounts, commissions and conditions of sale 

shall be filed as prescribed in Administrative Order No. X-62, dated 

July 10, 1934, and it shall be an unfair method of competition to 

violate or fail to comply with the terms of that Order. The terms 

of said Order are as follows : 

(1) OPEN PRICE FILING 

As provided for in Section (B) of Article V of said Basic Code, 

prices, rebates, discounts, commissions, and conditions of sale shall 

be filed in accordance with the following provisions: 

(aa) Each member of the industry shall file with a confidential 

and disinterested agent of the Code Authority or, if none, then with 

such an agent designated by the National Industrial Recovery Board, 

identified lists of all of his prices, discounts, rebates, allowances, 

and all other terms or conditions of sale, hereinafter in this article 

referred to as "price terms", which lists shall completely and accurately conform to and represent the individual pricing practices 

of said member. Such lists shall contain the price terms for all such 

standard products of the industry as are sold or offered for sale by 

said member and for such non-standard products of said member as 

shall be designated by the Code Authority. Said price terms shall in 

the first instance be filed within 30 days after the date of approval of 

this provision. Price terms and revised price terms shall become effective iinmediately upon receipt thereof by said agent. Immediately 

upon receipt thereof, said agent shall by telegraph or other equally 

prompt means notify said member of the time of such receipt. Such 

lists and revisions, together with the effective time thereof, shall 

upon receipt be immediately and simultaneously distributed to all 

members of the industry and to all of their customers who have 

applied therefor and have offered to defray the cost actually incurred by the Code Authority in the preparation and distribution 

thereof and be available for inspection by any of their customers at 

the office of such agent. Said lists or revisions or any part thereof 

shall not be made available to any person until released to all members of the industry and their customers, as aforesaid; provided, 

that prices filed in the first instance shall not be released until the 

expiration of the aforesaid 30 day period after the approval of this 

code. The Code Authority shall maintain a permanent file of all 

price terms filed as herein provided, and shall not destroy any part 

of such records except upon written consent of the National Industrial Recovery Board. Upon request the Code Authority shall 
52 

furnish to the National Industrial Recovery Board or any duly 

designated agent of the National Industrial Recovery Board copies 

of any snch lists or revisions of price terms. 

(ab) ,vhen any member of the industry has filed any revision, 

such member shall not fib a higher price within forty-eight (48) 

hours. 

( ac) No member of the industry shall sell or offer to sell any 

product, services of the industry, for which price terms have been 

filed pursuant to the provisions of this article, except in accordance 

with such price terms. 

(ad) No member of the industry shall enter into any agreement, 

understanding, combination or conspiracy to fix or maintain price 

terms, nor cause or attempt to cause any member of the industry to 

change his price terms by the use of intimidation, coercion, or any 

other influence inconsistent with the maintenance of the free and 

open market which it is the purpose of this Article to create. 

(ii) COSTS AND PRICE CUTTING 

( aa) The standards of fair competition for the industry with 

reference to pricing practices are declared to be as follows : 

(1) Wilfully destructive price cutting is an unfair method of 

competition and is forbidden. Any member of the industry or of 

any other industry or the customers of either may at any time com- plain to the Code Authority that any filed price constitutes unfair 

competition as destructive price cutting, imperiling small enterprise 

or tending toward monopoly or the impairment of code wages and 

working conditions. The Code Authority shall within 5 days afford an opportunity to the member filing the price to answer such 

complaint and shall within 14 days make a ruling or adjustment 

thereon. If such ruling is not concurred in by either party to the 

complaint, all papers shall be referred to the Research and Planning 

Division of N. R. A. which shall render a report and recommendation thereon to the National Industrial Recovery Board. 

(2) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended that 

sound cost estimating methods should be used and that consideration 

should be given to costs in the determination of pricing policies. 

(3) When an emergency exists as to any given product, sale below the stated minimum price of such product, in violation of 

Section 2 hereof, is forbidden. 

(ab) EMERGENCY PROVISIONS 

(1) If the National Industrial Recovery Board, after investigation shall at any time find both (1) that an emergency has arisen 

within the industry adversely affecting small enterprises or wages or 

labor conditions, or tending toward monopoly or other acute conditions which tend to defeat the purposes of the Act; and (2) that the 

determination of the stated minimum price for a specified product 

within the industry for a limited period is necessary to mitigate the 

conditions constituting such emergency and to effectuate the purposes 

cf the Act, the Code Authority may cause an impartial agency to 
53 

investigate costs and to recommend to the National Industrial Recovery Board a determination of the stated minimum price of the 

product affected by the emergency and thereupon the National Ind~s~rial Rec~>Very Board may proceed to determine such stated 

m1n1mum price. 

(2) When the National Industrial Recovery Board shall have 

determined such stated minimum price for a specified product for a 

stated period, which price shall be reasonable calculated to mitigate 

the conditions of such emergency and to effectuate the purposes of 

the National Industrial Recovery Act, he shall publish such price. 

Thereafter, during such stated period, no member o:£ the industry 

shall sell such specified products at a net realized price below said 

stated minimum price and any such sale shall be deemed destructive 

price cutting. From time .to time, the Code Authority may recommend review or reconsideration or the National Industrial Recovery 

Board may cause any determinations hereunder to be reviewed or 

reconsidered and appropriate action taken. 

ARTICLE VI 

(A) Section io (b) o:£ said Act is hereby incorporatBd herein by 

reference and this Code is expressly made subject thereto. 

(B) The following rules and regulations are hereby prescribed to 

supplement the Basic Code. 

(i) The minimum rates o:£ pay provided for in Article II o:£ said 

Basic Code shall apply, irrespective o:£ whether an employee is 

actually compensated on a time rate, piece-work, or other basis. 

(ii) Female employees performing substantially the same work as 

male employees shall receive the same rate o:£ pay as male employees. 

(iii) No employer shall permit any employee to work for any time 

which, when totaled with that already performed for another employer or employers exceeds the maximum permitted herein. 

(iv) No employer shall reclassify employees or duties o:£ occupations performed or engage in any other subterfuge so as to defeat the 

purposes or provisions o:£ the Act or o:£ said Basic Code. 

(v) No employer shall dismiss or demote any employee :£or making 

a complaint or giving evidence with respect to an alleged violation 

o:£ the provisions o:£ any Code o:£ Fair Competition. 

(vi) Code Authorities selected by industry in accordance with 

Article IV o:£ said Basic Code shall :£unction at the expense o:£ the 

industry in accordance with such further rules and regulations as the 

National Industrial Recovery Board may prescribe. 

(vii) No provision hereof, or o:£ said Basic Code, shall supersede 

any State or Federal law which imposed on employers more stringent 

requirements as to age o:£ employees, wages, hours o:£ work, safety 

health and sanitary conditions, insurance, fire protection or generai 

working conditions, than are imposed thereby. 

(viii) No provision hereof, or of said Basic Code, shall be so 

applied as to permit monopolies or monopolistic practices, or to 

eliminate, oppress, or discriminate against small enterprises. 

Approved Code No. 535. 

Registry No. 299--:1:5. 

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