Approved Code No. 144 Registry No. 1399-23

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

PAPER MAKING MACHINE

BUILDERS' INDUSTRY

AS APPROVED ON DECEMBER 7, 1933

BY

PRESIDENT ROOSEVELT

MEMBER

R

WE DO OUR PART

1. Executive Order

2. Letter of Transmittal

3. Code

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1938

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

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 North Wells Street.

Cleveland, Ohio.: Chamber of Commerce.

Dallas, Tex.: Chamber of Commerce Building.

Detroit, Mich.: 2213 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chamber of Commerce Building.

Jacksnnville, Fla.: Chamber of Commerce Building.

Kansas City, Mo.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

Louisville, Ky.: 408 Federal Building.

Memphis, Tenn.: 229 Federal Building.

Minneapolis, Minn.: 213 Federal Building.

New Orleans, La.: Room 225-A, Customhouse.

New York, N.Y.: 734 Customhouse.

Norfolk, Va.: 406 East Plume Street.

Philadelphia, Pa.: 933 Commercial Trust Building.

Pittsburgh. Pa.: Chamber of Commerce Building.

Portland, Oreg.: 215 New Post Office Building.

St. Louis, Mo.: 506 Olive Street.

San Francisco, Calif.: 310 Customhouse.

Seattle, Wash.: 809 Federal Building.
Approved Code No. 144

CODE OF FAIR COMPETITION

FOR THE

PAPER MAKING MACHINE BUILDERS' INDUSTRY

As Approved on December 7, 1933

BY

PRESIDENT ROOSEVELT

Executive Order

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 Paper Paking Machine Builders' Industry, and hearings having been held thereon and the Administrator having rendered 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, T HEREFORE, I, Franklin D. Roosevelt, President of the

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

the National Industrial Recovery Act, approved June 16, 1933, and

otherwise, do adopt and approve the report and recommendations

and findings of the Administrator and do order that the said code oi

fair competition be and it is hereby approved.

FRANKLIN D. ROOSEVELT.

Approval recommended:

HUGH S. JOHNSON,

Administrator.

THE WHrrE HOUSE,

December 7, 1933.

(543) 26685*-244-i144 33
NOVEMBER 23, 1933.

The PRESIDENT,

T1he White House.

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

Paper Making Machine Builders' Industry, the hearing having been

held in Washington, October 12, 1933, in accordance with the provisions of the National Industrial Recovery Act.

PROVISIONS AS TO HOURS AND WAGES

Under this Code hours for work are limited to forty (40) per week

with a tolerance of ten (10) percent for employees engaged in care,

protection, and maintenance of plant and machinery and employees

engaged in stock keeping and shipping. Under conditions ol seasonal or peak demand a maximum of forty-eight (48) hours per

week can be worked during not over eight (8) weeks in a six (6)

months' period. Time and one half is paid for this overtime. These

limitations of hours do not apply to executives, their immediate

assistants, heads of administrative departments, and field men, who

are receiving not less than thirty-five (35) dollars per week. Accounting. clerical, office service, earning less than thirty-five (35)

dollars per week are limited to forty (40) hours per week on a

monthly average.

Minimum wages have been set at forty (40) cents per hour for

employees engaged in shop operations, excepting duly indentured

apprentices who are limited to five (5) percent of the factory employees. Provision also is made for employment on light work at

wages below the minimum, of those who because of age or mental or

physical handicaps are certified for such employment by the United

States Department of Labor.

The minimum wage paid to any other employees shall be not less

than fifteen (15) dollars per week, except in the case of office boys

and girls who may be paid not less than eighty (80) percent of the

minimum wage. They are not to exceed five (5) percent of the

office force.

CHILD LABOR

The minimnun age for employment is set at sixteen (16) years, with eighteen (18) years the minimum where operations or occupations are hazardous or detrimental to health.

ECONOMIC EFFECT OF THE CODE

This industry has suffered severely from the depression. However, since operating under the President's Reemployment Agreement, einployment has increased approximately 50 percent, more

than 1,000 employees having been added. Pay rolls through reemployment and wage adjustments have been increased proportionally

since June.

(544)
545

The industry is engaged in the design, building, and sale of complete machines used in the manufacture of paper and paper board.

There are ten (10) companies in this industry and while sales declined from $17,000,000 in 1929 to an estimated $3,500,000 in 1933,

wage rates in line with the Code provisions generally have been

maintained.

FINDINGS

The Administrator finds that:

(a) The Code as recommended complies in all respects with the

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10

thereof; and that

(b) The applicant group imposes no inequitable restrictions on

admission to membership therein and is truly representative of the

Paper Making Machine Builders' Industry; and that

(c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate

to discriminate against them, and will tend to effectuate the policy

of Title I of the National Industrial Recovery Act.

It is recommended, therefore, that this Code be approved.

Respectfully,

HUGH S. JOHNSON,

Administrator.
CODE OF FAIR COMPETITION

FOR THE

PAPER MAKING MACHINE BUILDERS' INDUSTRY

ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial Recovery

Act, this Code is submitted as a Code of Fair Competition for the

Paper Making Machine Builders' Industry, and upon approval by

the President its provisions shall be the standards of fair competition for such industry and shall be binding upon every member

thereof.

ARTICLE II-DEFINITIoNS

SECTION 1. The term " Paper Making Machine Builders' Industry"

as used herein shall mean the building and sale by builders of complete paper making or paper board making machines.

SEC. 2. The term "employee " as used herein includes any person

engaged in any phase of the industry in any capacity in the nature

of employee irrespective of the method of payment of his compensation.

SEC. 3. The term "employer" as used herein includes anyone for

whose benefit such an employee is so engaged.

SEC. 4. The term " member of industry " includes any builder of

paper-making machines who shall be subject to this Code.

SEC. 5. The term "Member of the Code " includes any member of

the industry who shall expressly signify assent to this Code.

SEC. 6. The termn "Administrator " shall mean the Administrator

of the National Industrial Recovery Act.

ARTICLE III-HOURS

SECTION 1. No employer shall employ any employee engaged in

the making of the products of the industry, and in labor operations

directly incident thereto, in excess of forty (40) hours per week

or eight (8) hours in any twenty-four (24) hour period ; provided

that there shall be a tolerance of ten (10) percent for employees engaged in the eare., protection, and maintenance of plant and 1 machinery and employees engaged in stock keeping and shipping, time

and one half being paid for all time worked in excess of eight (8)

hoiimrs per day or forty (40) hours per week.

SEc. 2. Te above limitations of hours shall not apply to conditions of seasonal or peak demand, for aiiy department or departments, which create an unusual and temporary burden for production

(546)
547

or installation. In such cases such number of hours may be worked

as are required by the necessities of the situation, but not to exceed

forty-eight (48) hours per week for any eight (8) weeks in any

calendar six (6) months' period, beginning Octob ler 1. 1933, and each

April 1 and October 1 thereafter; provided that in such special cases

at least time and one half shall be paid for hour, worked in excess

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

(1) week.

SEC. 3. The above limitations of hours shall not apply to employees on emergency maintenance or repair work, or to very special

cases, where restrictions of hours of hihily skilled workers would

unavoidably reduce or delay production, but in any such special case

at least time and one half shall be paid for hours worked in excess

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

(1) week.

SEC. 4. The above limitations of hours shall not apply to executives, their immediate assistants, heads of administrative departments, factory and office supervisors, technical engineers, outside

service men, and field salesmen (provided that no person receiving

less than thirty-five (35) dollars per week shall be considered to come

under any of the foregoing exempted classifications in this section), and watchmen, provided that the maximum hours of labor for watchmen shall not exceed fifty-six (56) hours in any one week perforlned

in six (6) days out of any seven (7).

SEC. 5. No employer shall work any accounting, clerical, office

service, office sales, express or delivery, or other employee not

described in Sections 1, 3, and 4 of this Article more than forty (40)

hours a week on a monthly average, nor more than forty-eight (48)

hours in any one week.

SEC. 6. No employee shall work or be permitted to work for a total

number of hours in excess of the number of hours prescribed for each

week and day whether employed by one or more employers.

ARTICLE IV-WAGES

SECTION 1. The minimum wage that shall be paid by any employer

to any employee engaged in the making of the products of the industry, and in labor operations directly incident thereto, shall be forty

(40) cents per hour.

SEC. 2. This Article IV establishes a guaranteed minimum rate

of pay regardless of whether the employee is compensated on the

basis of a time rate or on a piecework performance.

SEC. 3. The minimum wage that shall be paid by any employer,

to any other employee shall not be less than fifteen dollars ($15.00)

per week; provided, however, that office boys and girls may be paid

not less than eighty (80) percent of the minimum wage established

in Section 2, but the total number of such office boys and girls shall

not exceed in any calendar month five (5) percent of the total number

of office employees employed by such employer during such month

but each employer shall be entitled to two (2) such employees.

SEC. 4. Nothing in this Article IV shall apply to, or affect, any

employee apprenticed to any employer by an indenture made in

pursuance of the laws of any state of the United States, or by a
548

written contract under any apprentice system established and maintained by an employer, provided that each indenture and contract

shall be filed with the Code Authority, and provided further that

this exception shall apply to an employee only during the period

that he is receiving less than the minimum rate; provided further

that such apprentices employed by any employer shall not exceed

5% of the total number of factory employees employed by such

employer, but each employer shall be entitled to employ two such

apprentices.

SEC. 5. Where not already made, equitable adjustments of rates of

pay shall be made for employees in higher classifications than those

receiving the minimum wage, and in no case shall they be decreased

as a result of this adjustment of hours.

SEC. 6. No employer shall change the classification of occupation

of any employee as existing on June 16, 1933, for the purpose of

defeating the purposes of the Act.

SEC. 7. 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.

ARTICLE V-CmILD LABOR

No person under sixteen (16) years of age shall be employed in

the industry, nor anyone under eighteen (18) years of age at operations or occupations hazardous in nature or detrimental to health.

The Code Authority shall submit to the Administrator before January 1, 1934, a list of such occupations. In any State an employer

shall be deemed to have complied with this provision, if he shall

have on file a certificate or permit duly issued by the authority in

such State empowered to issue employment or age certificates or

permits, showing that the employee is of the required age.

ARTICLE VI-CoDE AUTHOrITY

SECTIoN 1. To further effectuate the policies of the Act, a Code

Authority is hereby set up to cooperate with the Administrator in the

Administration of t-his Code.

SEC. 2. The Code Authority shall consist of a Code Committee of

three members appointed by the Board of Directors of the Paper

Machine Builders' Association and one or more nonvoting members

appointed by the Administrator in his discretion.

SEC. 3. In order that the Code Authority shall be at all times

truly representative of the industry and in all respects comply with

the provisions of the Act, the Administrator may provide such hearings as he may deeim necessary, and thereafter if he shall find that

the Code Authority is not truly representative or does not in other

respects comply with the provisions of the Act he may retire an

appropriate modification in the method of selection of the Code

Authority.
549

SEC. 4. Any member of the industry is eligible for membership in the Paper Machine Builders' Asociatlon ad there shall be no

inequitable restrictions on such menbership.

SEC. 5. All members of the industry shall be entitled to share the

benefits of its activities, and all who accept such benefits shall bear

their proportionate share of the expense of maintaining the Code

Authority and its activities.

SEC. 6. With a view to keeping the President informed as to the

observance or nonobservance of this Code, and as to whether the

industry is taking appropriate steps to effectuate the declared policy

of this Act, each member of the industry, if and when required by

the Administrator, shall prepare and file with such person or orgamization as the Code Authority may designate, and at such times and

in such manner as the Code Authority may prescribe, statistics as to

number of employees, wage rates, employee earnings, and hours of

work, which information shall be confidential, except that for the

purposes of administering this Code, and subject to the approval of

the Administrator, the Code Authority may have access to such

information.

SEC. 7. In addition to the information required to be submitted

to the Code Authority, there shall be furnished to the Government

agencies such statistical information as the Administrator may deem

necessary for the purposes recited in Section 3 (a) of the Act.

ARTICLE VII-UNFAIR TRADE PRACTICES

SECTION 1. The secret payment of or allowance of rebates, refunds,

credits, subsidies, or unearned discounts, whether in the form of

money, material, or otherwise, is an unfair trade practice.

SEC. 2. The willful interference by any member of the industry by

any means or device whatsoever with any existing contract between

a member of the industry and his seller or a purchaser, is an unfair

trade practice.

SEC. 3. The defamation of a competitor by words or acts which

falsely impute to him dishonorable business conduct, inability to perform his contracts, questionable credit standing, or which inisrepresent or falsely disparage the grade, quality, or prices of his goods, is

an unfair trade practice.

ARTICLE VIII-GENERAL

SECTION 1. Employees shall have the right to organize and bargain

collectively through representatives of their own choosing, and shall

be free from interference, restraint, or coercion of employers of laboi,

or their agents, in the designation of such representatives or in selforganization or in other concerted activities for the purpose of

collective bargaining or other mutual aid or protection.

SEC. 2. 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 assisting a labor organization

of his own choosing; and

SEC. 3. Employers shall comply with the maximum hours of labor

minimum rates of pay, and other conditions of employment approved

or prescribed b.y the President.
550

SEC. 4. This Code and all the provisions thereof are expressl

subject to the right of the Prcsident, in accordance with the pr

of Subsection (b) of Section 10 of the National Industrial R

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

license rule or regulation issued under Title I of said A

specifically, but without limitations, to the right of the Presi

cancel or modify his approval of this Code or any conditions i

by him upon his approval thereof.

SEC. 5. Within each State, members of the industry shall 

with any laws of such State imposing more stringent requir

regulating the age of employees, wages, hours of work, or 

fire, or general working conditions, than under this Code.

SEC. 6. Such of the provisions of this Code as are not requ

be included therein by the National Industrial Recovery A

with the approval of the President be modified or elimin

changes in circumstances or experience may indicate. It is 

plated that from time to time supplementary provisions to th

or additional codes may be submitted for the approval of the 

dent to prevent unfair competition in price and other unf

destructive competitive practices and to effectuate the other p

and policies of Title I of the National Industrial Recovery A

sistent with the provisions hereof.

SEC. 7. All employers shall post complete copies of this 

conspicuous places accessible to employees.

ARTICLE IX-EFFECTIVE DATE AND TERMINATION

This Code shall become effective on the second Monday a

approval by the President of the United States and shall 

be operative when Title I of the National Industrial Recov

shall cease to be in effect.

Approved Code No. 144.

Registry No. 1399-23.

0

UNIVERSITY OF FLORIDA

3 1262 08582 9033