Approved Code No. 244-Supplement No. 3 Registry No. 1311-01 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENT ARY 

CODE OF FAIR COMPETITION 

FOR THE 

ELEVATOR MANUFACTURING 

INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON MARCH 21, 1934 

WE DO OUR PART 

UNITED STATES 

GOY.ERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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

Printing Office, Wasbingt n, D.C., and by district offices of tbe Bureau of 

Foreign and Domestic C mmerce. 

DISTRICT OFFICES OF THE DEP ARntENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

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

Chicago, Ill.: Suite 1706, 201 Nortl1 Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

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Jacksonville, Fla.: Chamber of Commerce Building. 

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San Franciseo, Calif.: 310 Cu tombouse. 

Seattle, Wa h. : 809 Federal Office Building. 
Approved Code No. 244-Supplement No. 3 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

ELEVATOR MANUFACTURING INDUSTRY 

As Approved on March 21, 1934 

ORDER 

SUPPLEMENTARY ConE OF FAIR CoMPETITio FOR THE ELEVATOR 

MANUFACTURI G I DUSTRY 

A DIVISIO OF THE CO STRUCTION I D STRY 

An application having been duly made pursuant to and in full com• 

pliance with the provisions of Title I of the ational Industrial 

Recovery Act, approved June 16, 1933, and pursuant to -and in full 

compliance with the provisions of ection 5 of Article III of Chapter 

I of the Code of Fair Competition for the Construction Industry, 

approved January 31, 1934, for approval of Chapter IV of said Code, 

which Chapter IV is applicable to the Elevator Manufacturing 

Division of the Construction Industry, and hearings having been 

held thereon and the annexed report on said Code, containing findings 

with respect thereto, having been made and directed to the President: 

OW, THEREFORE, on behalf of the President of the nited 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

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

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Chapter complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Chapter 

IV be and it is hereby approved and that the previous approval of 

said Code of Fair Competition for the Construction Industry is 

hereby modified to include an approval of said Code in its entirety 

as supplemented by said Chapter IV. 

Approval recommended: 

GEO. L. BERRY, 

HUGH S. JOHNSON, 

Administrator for Industrial Recovery. 

Division Administrator. 

WASHINGTON, D.C., 

March 21, 1934. 

47768°-425-111-.-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

S1R: This is a report on the Elevator Manufacturing Chapter of the 

Code of Fair Competition for the Construction Industry which is 

described as Chapter I and which was approved by you on January 

31, 1934. 

This Chapter is a revision after a public hearing conducted in Washington on November 2, 1933, in accordance with the provisions of the 

National Industrial Recovery Act. This Chapter amplifies Chapter 

I, but applies specifically to the Elevator Manufacturing Division of 

the Construction Industry. 

PROVISIONS FOR HOURS AND WAGES 

With very minor exceptions, the hours and wages set forth in Chapter I of the Construction Code as approved by you on January 31, 

1934, are applicable to this Code. 

ECONOMIC EFFECT OF THE CODE 

According to the statistical analysis of the Division of Research 

and Planning, the total production of this Division of the Construction Industry has decreased from $103,500,000 in 1929 to $21,200,000 

in 1933. Employment has fallen from 20,000 in 1929 to 11,000 in 

1933. 

It is reasonable to predict that the establishment of uniform rates 

of pay and hours of work and the prohibition of unfa.ir trade practices 

will be beneficial to this Industry as well as to the employees and the 

consumer. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Elevator Manufacturing Chapter of the Code of Fair Competition for the Construction Industry, having found as herein set forth 

and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said Elevator Manufacturing Chapter and said Code of Fair 

Competition for the Construction Industry, as supplemented by said 

Elevator l\llanufacturing Chapter, are well de igned to promote the 

policies and purpose of Title I of the National Industrial Recovery 

Act, in ludinO' removal of obstructions to the free flow of interstate and 

for ign c mmer e whi h tend to dimini h the amount thereof and will 

pro ide for th O' n ral welfare by promoting the organization of 

indu. try for th purpo of coop rative a tion among the trade groups, 

by indu ing and maintainino- unit d action of lab r and management 

und r ad quate governm ntal anction and upervi i n, by liminating unfair mp titivc pra i , by promoting the fullest po ible 

(2) 

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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 of labor, and by otherwise rehabilitating industry. · 

(b) Said industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 

(c) Said Elevator Manufacturing Chapter and the Code of Fair 

Competition for the Construction Industry, as supplemented by sail 

Elevator 11 anufacturing Chapter, as approved comply 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) Said Elevator Manufacturing Chapter and the Code of Fair 

Competition for the Construction Industry, as supplemented by 

said Elevator Manufacturing Chapter are not designed to and will 

not permit monopolies or monopolistic practices. 

(e) Said Elevator Manufacturing Chapter and the Code of Fair 

Competition for the Construction Industry, as supplemented by said 

Elevator Manufacturing Chapter, are 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 

Elevator Manufacturing Chapter and of said Code, as supplemented 

by this Elevator Manufacturing Chapter thereof. 

For these reasons, therefore, I have approved said Elevator 

Manufacturing Chapter of the Code of Fair Competition of the 

Construction Industry. 

Respectfully, 

MARCH 21, 1934. 

HUGH s. JOHNSON, 

Administrator. 
CHAPTER IV 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE ELEVATOR MANUFACTURING INDUSTRY 

A DIVISION OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEFINITIONS 

SECTION 1. The term "Elevator Manufacturing Division " or "this 

Division" means and includes the designing and manufacturing for 

sale, and the selling, and the installing, repairing, re-roping and servicing for hire of all types of passenger and freight elevators, escalators, 

moving stairways, dumbwaiters, stage and console lifts, with all appliances used in connection therewith. 

SECTION 2. The term "Association" as used herein is defined to 

mean the "National Elevator Manufacturing Industry ", a trade association of members of this Division. 

SECTION 3. The term "Member of the Code" includes any member of this Division signifying assent to this Code as it pertains to 

this Division. 

SECTION 4. The term "Apprentice" as used herein refers to an 

employee between the ages of sixteen (16) and twenty-one (21) with 

whom the employer has a definite apprenticeship agreement for a 

period of not over two (2) years. 

SECTION 5. The tenn "Learner ' as used herein is defined to mean 

an unskilled employee without previous experience in this Industry 

with whom the employer has a definite agreement to qualify such 

employee as a mechanic and whose period of employn1ent in this 

cla s is limited to one (1) year, at the expiration of which such employee shall receive the full mechanic's rate of pay. 

SECTION 6. The term "Shop labor " is defined to mean labor 

performed in the factory in the manufacture of the products of the 

Industry, or in the labor operations directly incidental thereto. 

SECTION 7. The term "Field labor" is defined to mean labor performed in the installing, repairing, re-roping and servicin()' of the 

everal types of equipment described in Section 1. 

ARTI LE II- Ho Rs, WAGES A D CONDITIONS OF EMPLOYMENT 

ECTION 1. ot·with tanding the provisions of Se tion 2 B of 

Articl III of Chapter I hereof, the following provision hall apply 

to the following clas es of employee in this Di ision: 

(A) o mplo e engag din hop labor shall be permitt d to work 

in exc of eight (8) hour in any day or forty (40) hours or six (6) 

days in any we k, and no uch employee shall be paid at le s than 

forty (40) nt per hour. 

(B) The minimum rat f pay e tabli bed by thi ection are to 

b maintain d regardle s of whether the mplo e i ompensated 

on the ba i of a time rat , pi -worl or other ba is. 

(4) 
5 

(C) The foregoing provisions of this Section as to hours of shop 

labor shall not apply to: 

(a) Shop executive, administrative or supervisory employees whose 

fixed salaries are in excess of thirty-five dollars ($35.00) per week. 

Supervisory employees are defined as those who perform no manual 

labor. 

(b) Employees engaged in shop emergency repairs required for the 

protection of life or property who shall be paid at the rate of time and 

one half (l}D for all hours in excess of the maximum established in 

this Section. 

(c) Shop firemen who shall not be permitted -to work in excess of 

eight (8) hours in any day or forty-eight (48) hours in any week, or 

six (6) days in any week. 

(d) Shop watchmen who shall not be permitted to work in excess 

of fifty-six (56) hmus in any week or six (6) days in any week. 

(D) Female employees performing substantially the same work as 

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

SECTION 2. Within ten (10) days of the approval of this Chapter, 

all employers subject to its conditions shall post in a conspicuous place 

in their respective factories or shops complete copies of Chapter I 

(General Provisions for the Construction Industry) and of this 

Chapter of this Code. 

SECTION 3. A person whose earning capacity is limited because of 

age or physical or mental handicap 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 his employment at 

such wages and for such hours as shall be stated in the certificate. 

Each employer shall file with the Code Authority a list of all such persons employed by him. 

SECTION 4. All employers shall make payment of all wages due 

in lawful currency or by negotiable check therefor, payable on demand 

at par. Wages shall be payable at the end of each weekly period. 

Wages shall be exempt from any payment for pensions, insurance or 

sick benefits other than those voluntarily authorized by employees. 

Employers or their agents shall not accept, directly or indirectly, 

rebates on such wages for give anything of value nor extend any favors 

to any person for the purpose of influencing rates of wages or working 

conditions of their employees. 

The provisions of this Section requiring payment of wages at the 

end of each weekly period, shall not apply to persons employed in a 

managerial or executive capacity who earn not less than thirty-five 

dollars ($35.00) per week or to persons employed in clerical or office 

work whose compensation, however, shall be payable at least semimonthly. 

SECTION 5. Every employer shall make reasonable provi!,ion 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 Divisional Code Authority to the Administrator within 

three (3) months after the effective date of this Chapter. 
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ARTICLE III-An:t\UNISTRA TION 

SECTION 1. To further effectuate the policies of the Act, a·Divisional 

Code Authority is hereby constituted to administer ttus Code within 

this Division. 

The Divisional Code Authority shall consist of six (6) members, 

who have assented to this Code, five (5) members to be selected, 

either prior to or not later tha.n twenty (20) days after the approval 

of this Chapter, by the Board of Directors of the Association from its 

membership, and one additional person to be selected by the Administrator from and to represent, non-members of the Association who 

are members of the Division. The five (5) members selected by the 

Board of Directors from members of the Association shall serve for 

terms of one (1) year each and the Board of Directors shall annually 

thereafter select their successors. The member representative of nonmembers of the Association shall serve for a term of one (1) year. 

At that time the non-members of the Association may elect his successor, which successor and the method of his selection shall be satisfactory to and approved by the Administrator. In the event no 

successor is so chosen, the Administrator shall appoint a successor. 

SECTION 2. The Administrative Members and the Administrator 

shall be given five (5) days' notice of, and may sit at, all meetings of 

the Divisional Code Authority. - SECTION 3. Accounting System. The Divisional Code Authority 

shall cause to be formulated an accounting system and methods of 

cost finding and/or estimating capable of use by all members of this 

Division. After such systen1 and methods have been formulated by 

the Divisional Code Authority and approved by the Administrator, 

full details concerning them shall be made available to all members. 

Thereafter all members shall determine and/or estimate costs in 

accordan e with the principles of such methods. 

ARTICLE IV-TRADE PRACTICE RULES 

General Definition: For all purposes of the Code the acts described 

in this article shall constitute unfair practices. Any member of this 

Division who shall directly, or indirectly through any officer, employee, 

agent, or representative, knowingly use, employ, or permit to be employed, such unfair practices shall be guilty of a violation of the Code. 

RuLE 1. Interference with Contracts. No member of this Division 

shall atte1npt to induce the breach of an existing contract between 

a competitor and his customer or source of supply; nor shall any such 

member interfere with or obstruct the performance of such contractual 

du ties or services. RuLE 2. Defamation of Competitors. No member of this Division 

hall defame a competitor or competitors by words or acts which 

falsely di parage in any material particular his business integrity, his 

ability to perform his contracts or fill his orders, his credit standing 

or the gr de, quality, or prices of his goods. 

R LE 3. ecret Rebates. o member of this Divi ion hall offer 

or mak any s ret or di criminatory payment or allowan e of a 

rebate, r fund, commi ion, redit, unearn d di count, or ex ess 

all wan , , h th r in the fonn of money or th rwi , nor hall a 

member of the Industry offer or extend to any cu tomer any secret 
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or discriminatory service or privilege for the purp of influencing 

a sale. 

RuLE 4. ommer .ial Bribery. o rnemb r of this Divi ion hall 

gi e, permit to be given, or directly offer t give, anythino· of value 

for the purpose of influen ing or rewarding th action of any employee, 

agent, or representative of another in relati n to the bu iness of the 

employer of such employee, the prin ipal of uch ag nt or the represented party, without the knowledge of uch empl yer principal, or 

party. Commercial b1ibery provision hall not be on trued to 

prohibit free and o·eneral di tribution of artir-le commonly used for 

ad ertising except o far as uch article ar actually u ed for om- mercial bribery as hereinaboYe defined. 

RuLE 5. Threats of Law Suits. o memb r of this DiYision hall 

publish or circulate unjustified or unwarranted threats of legal 

proceedings which tend to or have the effe t of h ams ina- competitors 

or intimidating their customers. 

RuLE 6. Inaccurate References to Competitors etc. ~ o member 

of this Division shall publish advertising which refers inaccurately in 

any material parti ular to any ompetitors or their goods prices, 

values, redit terms, policies, or services. 

RuLE 7. Other unfair Trade Practices. othing in this Code hall 

limit the effect of any adjudication by the Court or holding by the 

Federal Trade Commission on complaint., finding , and order, that any 

practice or method is unfair. 

ARTICLE \ - REFERENCE TO PROVI 10:\1", OF CHAPTER I 

The provisions of Section 7 (a) and 10 (b) of the Act, which are et 

forth in Sections 1 and 6 respectively of Article III of Cbaptel' I of 

this Code, are specifically incorporated herein by reference with the 

same force and effect as if set forth herein in full; all other provi ions 

of Chapter I of this Code, except as herein provided, apply within this 

Division with the ame force and effect as if set forth herein in full. 

ARTICLE I- REVIEW OF A Ts OF Drvr IOXAL CoDE THORITY 

If the Administrator shall determine that any action of the DiYisional Code Authority 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 opportunity for investigation of the merits of such action and further consideration by the 

Divisional Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unless be shall 

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

proceed with such action in its original or modified form. 

ARTICLE VII-MomFrCATIO r 

Subject to the provisions of Section 2, (c) of Article IV, B, of 

Chapter I of this Code, the pro isions of this Chapter except as to 

provisions required by the Act, may be modified on the basis of 

experience or changes in circumstances, such modifications to be 

based upon application to the Administrator and such notice and 

hearing as he shall specify and to become effective on his approval. 
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ARTICLE VIII-EFFECTIVE DATE 

This Chapter shall become effective within this Division on the 

tenth (10th) day after its approval by the President. 

Approved Code No. 244. Supplement No. 3. 

Registry No. 1311-01. 

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