·, 

I 

\ 

'· 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR C·OMPETITION 

FOR THE 

BUTTER-TUB INDUSTRY 

AS SUBMITTED ON AUGUST 30, 1933 

REGISTRY No. 323-02 

This Code for the Butter-Tub Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

W ASIDNGTON : 1933 

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

v 
Digitized by the Internet Archive 

in 2011 with funding from 

University of Florida, George A. Smathers Libraries with support from LY RAS IS and the Sloan Foundation 

http://www.archive.org/details/codeoffaircompet8720unit 
CODE OF FAIR COMPETITION FOR THE BUTTER-TUB 

INDUSTRY 

DEF! ITIONS 

Butter-Tub lndustry.-The Butter-Tub Industry is composed of 

manufacturers of wooden tub in which butter is shipped and 

stored, and from which bulk butter is dispensed. 

Eflective Date.-The effective date of this Code shall be the tenth 

day following the day this Code is formally approved by the 

Pre ident. 

Employees.-The word ' employees" is intended to include all 

per ons employed in the Butter-Tub Industry, with the exception of 

~outside sale men" and of persons in managerial and executive positions receiving more than Thirty-Five Dollars ( 35.00) per week. 

For the purpose of increasing employment, improving wages and 

living standards of our labor and taking such steps as are necessary 

to rehabilitate and stabilize the Butter-Tub Industry, thereby assisting in effectuating the policy of Title 1 of the ational Industrial 

Recovery Act, the manufacturers whose names are tran mitted herewith do hereby subscribe to the following principles: 

I. We agree that our employee hall have the right to organize 

and bargain collectively through repre entatives of their own choosing and hall be free from interference, restraint, or coercion of 

all employees of such labor or their agents, in the designation of 

such representatives or in self-organization or in other concerted 

activities for the purpose of collective bargaining or other mutual 

aid or protection. 

II. We agree that none of our employees and no one seeking 

employment from us shall be required, a a condition of employment, to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing. 

It is understood that the foregoing paragraph is not to be so 

interpreted as to in any way impair the Constitutional rights of the 

employer and employee to bargain individually or collectively, as 

may be mutually satisfactory to them; nor does it impair the joint 

right of an employer and employee to operate an open shop. 

Provided further, that nothing herein is to be interpreted as 

preventinO' the selection, retention, and advancement of employees 

on the basis of their individual merit and without regard to their 

affiliation or nonaffiliation with any labor organization. 

III. We agree to comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

IV. We agree that on and after the effective date hereof, employers in the Butter-Tub Industry shall not operate on a schedule of 

8676-33 (1) 
2 

hours of labor for their employees in excess of forty ( 40) hours per 

week, averaged over a six months' period; but there shall be no limitation on the _number of hours which may be worked in any one day, 

nor in any one week, provided the average of forty ( 40) hours per 

week over the six months' period is not exceeded. 

A sufficient number of employees to provide supervision, maintenance, heat, light, power, and watching shall be exempt from the 

provisions of this section. 

V. We further agree not to employ any minor under the age of 

sixteen ( 16) years. 

VI. We agree that on and after the effective date hereof, the 

minimum wages to be paid by employers in the Butter-Tub Industry to any of their employees shall be as follows: 

Adult male labor, 40¢ per hour. 

Female and minor labor, 30¢ per hour. 

The above minimum wage rates shall not apply to pensioners, who 

are defined as individuals who, on account of age or physical disability, cannot perform an able-bodied man's work. 

We further agree that the above minimum wage rates may be revised from time to time in such a manner as will currently effect an 

equitable adjustment to varjations in the cost of living; such adjustments to be subject to the approval of the President. 

VII. Rules of fair· competition in marketing.-(a) We agree, in 

the event of the President permitting the establishment of minimum 

prices in this industry, that we will not sell our product below the 

minimum prices which are so established. 

We further agree that, on the effective date of this Code all manufacturers of wooden butter tubs shall file with the Commissioners 

of the Butter-Tub Manufacturers Council, ten (10) certified copies 

of their current price lists as applying to all of their products which 

are covered by this Code, and ten (10) copies of a statement as to 

their individual bases of selling through and to their various channels of distribution and consumption. 

Such price lists and bases of selling are to be considered as minimum and shall remain in effect until the filing, with the Commissioners, of a new price list and/ or a new selling schedule. Copies 

of all such price lists and statements will be furnished to all 1nanuf acturers by the Commissioners, on request. 

(b) We agree to use a standard form of sales contract which will 

include maximum and minimum quantities, definite terms of time 

coverage, adequate description of the product, and other it ms necessary to form a complete, unambiguous agreement between seller 

and buyer. 

( c) We agree that we will not induce, nor attempt to induce the 

breach of any contract between a competitor and his customer. 

( d) We agree not to repudiate contracts on a rising market and 

not to accept the repudiation of contracts by buyers on a declining 

market. 

( e) We agree not to ship any butter tubs on consignment. 

( f) We agree not to discriminate in price between different purchasers in the same classification of trade, except as these prices may 

be affected by differences in quantity, quality, and/or transportation 

cost. 
3 

(g) We agree not to withhold from or insert in any of our invoices, words or figures which will make such invoices a false record. 

(h) We agree that we will not offer nor give any secret concessions, 

discounts, or rebates in connection with the sale of wooden butter 

tubs. 

(i) We agree not to advertise in any way which would tend to 

mislead or deceive the purchasing public as to the nature or quality 

of the butter tubs so advertised. 

(j) We agree not to imitate the trade names used by competitors. 

(k) We agree not to give any gratuities, whether in the form of 

mony or otherwise, to an employee of any distributor or consumer 

of our product. 

(1) We agree not to defame a competitor by words or acts which 

call into que tion his business inteITT'ity, his ability to perform his 

contracts, his credit standing or the grade, quality, or reliability of 

his product. 

(m) We agree to develop and use a definite classification of trade 

( listributors and consumers) in order that unfair discrepancies and 

di criminations may be eliminated. 

(n) \Ve agree not to give credit terms beyond 30 days from date 

of shipment or delivery, or with any discount in excess of 1% from 

net amount of invoice for payment in 10 days. 

( o) We agree that, aside from samples and "exhibition tubs" 

we will not give any free goods to anyone for any reason. 

(p) We agree that, becau e existing productive capacity far ex-

{'eeds the normal demand, not to increase our productive capacity 

for a period of twelve (12) month from the effective date of this 

Code, excepting as it may be normally increa ed through the substitution of new for existing equipment or through more efficient 

methods of manufacture. 

In view of the foregoing agreement we specifically a k that the 

Administrator establish a rule which will make it necessary for any 

concern desiring to undertake the manufacture of wooden butter 

tubs, to show a necessity for such increase in productive capacity or 

that the product he intends to manufacture will better serve the 

public intere t than the butter tub which are now available. 

( q) We agree to make no changes in design or construction of any 

butter tub, which contemplate lower manufacturing costs with accompanying reduction in the price of such tub, until the proposed 

changes and proposed prices have been filed with the Commissioners 

of the Butter-Tub Manufacturers Council and until they have had 

ample opportunity to notify all butter-tub manufacturers of the 

proposed changes and prices. 

(r) We agree not to sell butter tubs which are of substandard 

capacity, at any price lower than the price we are quoting on the 

standard-size tub of the next greater capacity. 

To further agree to abide by the standards adapted by the ButterTub Industry in cooperation with the Bureau of Standards of the 

D~partment of Commerce of the United States. 

( s) We agree not to give any guarantee against decline in prices, 

excepting as it is the individual seller's own decline up to date of 

shipment. 
4 

VIII. We agree to furnish duly certified reports in such form and 

at such times as may be.. required by the President, as to the number 

of our employees, their hours of employment, and rates of pay; surh 

reports shall be collected from the members and transmitted to the 

President of the Commissioners of the Butter-Tub Manufacturers 

C ·1 ounc1 .... 

We also agree to furnish to the Commissioners of the Butter-Tub 

Manufacturers Council, such reports as to sales, shipments, unfilled 

orders, stocks, etc., as may be called for by the Council. 

IX. We agree that this Code and all the provisions thereo:f are 

expressly made subject to the right o:f the President, in accordance 

with the provisions o:f Clause 10 (b) o:f the National Industrial 

Recovery Act, :from time to time to cancel or modi:fy any order, 

approval, license, rule, or regulation issued under Title 1 o:f said 

Act, and specifically to the right o:f the President to cancel or modify 

his approval o:f this Code or any conditions imposed by him upon 

his approval thereo:f. 

X. We agree that such o:f the provisions o:f this Code as are not 

required to be included therein by the National Industrial Recovery 

Act, may, with the approval o:f the President, be modified or eliminated as changes in circumstances or experience may indicate. 

It is contemplated that :from time to ·time supplementary provisions 

to this Code or additional Codes may be submitted :for the approval 

o:f the President to prevent un:fair competition in price and other 

un:fair and destructive competitive practices and to effectuate the 

other purposes and policies o:f Title 1 of the National Industrial 

Recovery Act. 

ENFORCEMENT 

The en:forcement of this Code and its provisions shall, in the first 

instance, be in the hands o:f a Supervisory Agency to be created by 

the Butter-Tub Manu:facturers Council. 

0 

UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIII Ill llll 111111111111111 

3 1262 08582 8720