Approved Code No. 206 Registry 1'\o. 1012-1-02 

NATIONAL RECOVERY ADMINISTRATION 

u. 

CODE OF FAIR COMPETITION 

FOR THE 

FELDSPAR INDUSTRY 

AS APPROVED ON JANUARY 16, 1934 

WE DO OUR PARt 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cen~· 

v 
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. 

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Approved Code No. 206 

CODE OF FAIR COMPETITION 

FOR THE 

FELDSPAR INDUSTRY 

As Approved on January 16, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

FELDSPAR INDUSTRY 

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 approval of a Code of 

Fair Competition for the Feldspar Industry, and hearings having 

been duly held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed 

to the President : 

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

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

pursuant to authority vested in me by Executive Order No. 6543-A, 

dated December 30, 1933, and otherwise; do hereby incorporate by 

reference said annexed report and do find that said Code complies 

in all re pects with the pertinent provisions and will promote the 

policy and purpo es of said Title of said Act; and do hereby order 

that aid Code of Fair Competition be and it is hereby approved. 

Approval recommended: 

M LCOLM MmR 

HuoH S. JoHNSoN, 

Administrator for Industrial Recovery. 

Division Administrator. 

w .ASHINGTON D.O., 

J anuary 16, 1934. 

30480°----313-8----34 (153) 
The PRESIDENT, 

The. White House. 

SIR: Thi i a report on the Code of Fair Competition for the 

Feldspar Industry, a hearing on which was conducted in Washington 

on the fourth of November 1933 in accordance with the provisions 

of the National Industrial Recovery Act. 

Houns 

The Code provides that no employee engaged in milling or grinding 

operations shall be permitted to work in excess of 40 hours in any 

one week or 8 hours in any one day or 6 days in any 7 -day period; 

that no employee engaged in mining operations shall be permitted to 

work in excess of 40 hours per week, averaged over a 3-month period, 

or in excess of 48 hours in any one week; and that no cleric·al or 

office employee shall be permitted to work in excess of 40 hours in any 

one week or 10 hours in any one day. The following are excepted: 

(a) Employees in executive, administrative, or supervisory capacities, who receive $35 or more per week; 

(b) Employees on emergency maintenance or emergency repair 

work, who, however, shall be paid at least one and one third times 

the normal rate for time worked in excess of 8 hours in any one day. 

WAGES 

The Code provides for minimum rates of pay of 25 cents per hour 

in the South and 30 cents per hour in the North for employees engaged in mining operations; for minimum rates of pay of 30 cents 

per hour in the South and 35 cents per hour in the North for em- ploy~es engaged in milling and grinding operations ; and for a 

minimum rate of pay of $13.50 for clerical and office employees. 

Aged or physically handicapped persons 1nay be employed at such 

wages and for such hours as hall be stated in a certificate issued by 

a State Authority designated by the United States Department of 

Labor. 

CHILD LABOR 

The employment of persons under 16 years of age and, in occupations hazardous in nature or dangerous to health, of persons under 

18 years of age is prohibited. 

EcoNOMIC EFFECTS OF THE CoDE 

The miners and the grinders of feldspa r have joined together for 

the purpo e of presenting this Code. It is thought that th operation of these two groups under one Code will help to solve some of 

the most difficult problems of the industry. 

(154) 
155 

From the year 1929 to the year 1932, the volume o£ sales o£ crude 

feldspar declined about 47% and the value of sales about 58%. 

Present grinding operations are at the rate of approximately 13% 

of capacity, and in 1929 were at the rate of only 2 % of capacity. 

The minimum wages prescribed in the Code are mor than 100% 

higher than the lowest wages now being paid in some ections. 

Maximum weekly working hours are being reduced by approximately 

25%. _It is believed that the Code will increase employment in this 

industry about 25 % and that it will increa e wages at least 30%. 

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 proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National 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 n1aintaining united action of labor and mmagement 

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 re triction 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) The Code as approved complies in all respects with the pertinent provi ions 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 i an industrial association truly representative of the aforesaid 

Industry; and that said association imposes no inequitable restriction on admis ion to membership therein. 

(d) Th 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 again t them. 

(f) Tho e 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, therefore, I have approved this Code. 

Respectfully, 

JANUARY 16, 1934. 

HuGH S. JOHNSON, 

Adm ... inistrator. 
CODE OF FAIR COMPETITION 

FOR THE 

FELDSPAR INDUSTRY 

AnnCLE I-PURPOSE 

To effectuate the .policies o:f Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Feldspar Industry, and shall be binding 

upon every memb"r thereof. 

ARTICLE II-DEFI~ ITIONS 

(a) The term "Feldspar Industry ,, , as used herein, includes the 

mining, grinding, and sale by the miner or grinder of feldspar 

products and such related branches and/or subdivisions of this industry as may :from time to time be included under the provisions 

of this Code by' the President after such due notice and hearing as 

he may prescribe. 

(b) The term "m.ember of the industry" includes, but without 

limitation, any business entity engaged in the Feldspar Industry 

either a an employer or on his or its own behalf. 

(c) The term" employer", as used herein, includes any individual 

or enterprise by whon1 any employee is compensated or employed. 

(d) The term "employee", as used herein, includes any and all 

persons in the industry, except a member of the industry, however 

com pen sa ted. 

(e) The term " grinder " as used herein includes any member of 

the industry engaged in the grinding of mined feldspar. 

(f) The term" miner" as used herein includes any member of the 

indu try engaged in the mining of crude :feldspar. 

(g) The term "South" as used herein includes the States of Virginia Tennessee, North Carolina, South Carolina, Florida, Georgia, 

Alabama, Mississippi, and Louisiana. 

(h) The term " North " as used herein includes those States not 

include l within the foregoing definition of the South. 

(i) The terms "President'', "Act" and "Administrator" as used 

herein mean respectively the President of the United States, Title 

I of the National Industrjal Recovery Act, and the Administrator 

:for Indu trial Recovery. 

(156) 
157 

ARTIOLE III-LABOR 

A. HoURs OF WoRK-1. (a) Mining Ope·rations.-Subject to the 

exceptions hereinafter provided no employee shall be permitted to 

work in excess of forty ( 40) hours per week averaged over a three 

(3) months' period nor in excess of forty-eight (48) hours in any 

one week. The Code Authority shall specify the dates on which 

the three (3) month periods used for averaging hours shall begin 

and end. In order to permit the proper arrangement of these dates, 

the first period used for averaging may, if so specified by the Code 

Authority, be shorter than three (3) months. 

(b) Milling or Grvnding Operations.-Subject to the exceptions 

hereinafter provided no employee shall be permitted to work in 

excess of forty (40) hours in any one (1) week, or eight (8) hours 

in any one (1) day or six (6) days in any seven (7) day period. 

2. No office or clerical employees shall be permitted to work in 

excess of forty (40) hours in any one (1) week or .in excess of ten 

(10) hours in any twenty-four (24) hour period. 3. The maximum hours established herein shall not apply to employees engaged in executive, administrative, or supervisory work, 

who receive thirty-five dollars ($35.00) or more per week. 

4. The maximum hours established herein shall not apply to 

employees on emergency maintenance or emergency r epair work, 

involving breakdowns or protection of life or property, but in any 

such special case at least one and one third ( 11/3 ) times the normal 

rate shall be paid for hours worked in excess of eight ( 8) hours 

in any one (1) twenty-four (24) hour period. 

5. No employer shall engage any employee for any time which, 

when totaled with that already performed for another employer 

or employers, exceeds the maximum permitted herein. 

6. Employers who personally perform manual work or are engaged in mechanical operations shall, to the extent permitted by 

the Act, be subject to the maximum hours prescribed in this Article. 

7. An employer shall so administer work in his charge as to 

provide a maximum practicable continuity of employment for his 

personnel. 

B. WAGES-1. (a) Mining Opera.tions.-No employee shall be paid 

at less than the rate of twenty-five cents (25¢) per hour in the South 

and thirty cents (30¢) per hour in the North. 

(b) Milling or Grvnding Operatio'fls.-N o employee shall be paid 

at less than the rate of thirty cents (30¢) per hour in the South and 

thirty-five cents (35¢) per hour in the North. 

2. No employee engaged in clerical or office work shall be paid at 

less than the rate of thirteen dollars and fifty cents ($13.50) per 

week of forty ( 40) hours. 

3. This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time rate, tonnage rate, 

or other basis. 

4. An equitable adjustment shall be made in the wages of all employees now receiving more than the minimum wage as provided in 

this Code. Within thirty (30) days after the effective date each 

employer shall report to the Administrator through the Code 

Authority, all such readjustments made by him since June 16, 1933. 
158 

5. F emale employees performing substantially the same work as 

male employees . ha ll receive the same rates of pay as male employees. 

6. An employ r shall 1n ake payment of all wages due in lawful 

currency or by negotiable check therefor, payable on demand. Vvages 

shall be paid at regular periods. These wages shall be exempt from 

any pay_!!lents for pensions, insurance, or sick benefits other than 

those voluntarily paid by the wage earners. 

7. No employer or his agent shall accept any rebate directly or 

indirectly on such wages or give anything of value or extend favors 

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

\\Orking conditions of his employees. 

8. A person who e 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 

obtain from th State Authority designated by the United States 

Department of L abor a certificate authorizing his employment at 

such wages and for such hours as shall be st at ed in the certificate. 

Each employer shall file with the Code Authority a list of all such 

persons employed by him. 

ARTICLE I V-G ENERAL L ABOR PROVISIONS 

1. No person under sixteen (16) years of a~e 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 shal1 submit to the Administrator 

within thirty (30) days after the effective elate of this Code, 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 i sued by the authority in such State empowered 

to issue employment or age certificates or permits, . showing that 

the employee is of the required age. 

2. Employees shall have the right to organize and bargain collectively through repre entatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of 

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. 

3. 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 

4. Employers shall comply with the maximum hours of labor, 

minimum r at es of pay, and other conditions of employment approved or prescribed by the President. 

5. No provision of this Code shall supersede any state or federal 

laws imposing more stringent requirements on employers regulating 

the age of employees, wages, hours of work, or health, fire, o.r 

general conditions than are imposed under this Code. 

6. Employers shall not reclassify employees or duties of occupations performed by employees or engage in any subterfuge so as to 

defeat the purpo-·es of the Act. · 
lGD 

7. Each employer hall post in onspicuou pla es full cop1es of 

thi ode. 

8. EYery employer hall provide for the health and safety of his 

workmen. 

ARTICLE V-ADMINISTRATIO~ 

1. To effectuate the policies of the National Industrial Recovery 

Act and to provide for the admini tration of the Code, a Code 

Authority composed of six (6) members, three (3) of whom shall 

repre ent members of the industry engaged in grinding operations 

and three (3) of whom shall repre ent members of the in lustry 

engaged in mining operations solely, and independent of gr· nrli11 ~ 

int rests~ shall be elected by members of the industry, by such fair 

methods of election as the Administrator may approve. In addition, the Administrator, if he so elects, may appoint not more than 

three (3) nonvoting members of the Code Authority to erve, without expense to the Industry, for such terms as he may specify, as 

his representatives or as representatives of such intere ted p-rmmc:; 

as he may designate. Subject to the provisions of subsection (d) of 

section 5 of this Article all members of the industry engaged i11 

mining operations shall be entitled to participate in the selection of 

such members of the Code Authority as represent the mining operations of the industry and all members of the industry en~aged in 

grinding operations shall be entitled to participate in the selection 

of such members of the Code Authority as represent the grinding 

operations of the industry. 

2. The Feldspar Association is hereby designated as the agency 

to conduct an election of members of the Code Authority within 

fifteen (15) days after the effective date of this Code and any other 

elections of members of the Code Authority which may thereafter 

be held. Members of the Code Authority shall be elected to serve 

for a term of one (1) year or until their successors are elected at 

the next annual meeting of the industry. In the event of any 

vacancy in the membership of the Code Authority, a special meeting 

of the members of the industry for an election to fill the incomplete 

term of such members shall be called. Notice of each ele tjoT\ sl-.u1l 

be sent to all members of the industr;v at least ten (10) days in 

advance of any such election, and votmg at such election may be 

by person, by proxy, or by letter ballot. 

3. In order that the Code Authority shall at all times ~ tr,~ly ~1

resentative of the industry and in other respects comply with the provisions of the Act, the Administrator may provide such hearings 

a he may de m proper; and thereafter if he shall find that ·l.11e 

Code Authority is not truly representative or loes not in oth r r -

spects c mply with the provisions f the A t, may require an 

appropriate modification in the method of sel ction of the Code 

Authority. 

4. Each tra le or industrial as ociation participating in the . ele -

tioD; or activit~es. of the Code Aut~1ority hall: (1) impo c no jneqmtable restnctwns on m mberslup; and (2) ubmit to the Ad- mi~i trator true copie of it article of a o iation b -law., regulatiOns an l any uch other information to activiti . as th A ministrator may deem necessary to effectuate the purpo es of t h Act. 
160 

5. In addition to the powers and duties herein specifically conferred upon the Code Authority it shall have the following powers 

and duties, subject to the right of the Administrator on review to 

eli approve any action by the Code Authority pursuant to this Code: 

(a ) The Code Authority shall be charged with the supervision 

and administration of this Code, and shall have the right to establish its own rules for the conduct of its business. 

(b) In order that the President may be informed of the extent 

of the observance of the provisions of this Code and of the extent to 

which the declared policy of the National Industrial Recovery Act 

is being effectuated in the industry as herein defined, the Code 

Authority shall make such reports as the Administrator may require, periodically, or as often as he may direct. Each employer 

sh<lll make such sworn or unsworn reports to the Code Authority as 

to wages, hours of labor, number of employees, quantity and value 

of production, shipments, stocks on hand, sales prices and other 

matters as the Code Authority may require for the administration of 

this Code. 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 ece~sary for the purposes recited in Section ( 3) (a) of the Act. 

Any and all information furnished to the Code Authority shall be 

furnished to such agency, not a member of the industry, as may be 

designated by the Code Authority. Such information shall be 

deemed confidential and shall not be divulged to any employer 

except in summary, but shall be available to the Administrator 

upon reque t. 

(c) The Code Authority shall receive, and if it shall approve shall 

present for the approval of the President, any proposals for supplementary provisions or amendments to this Code, or any part hereof, 

with respect to wages, hours, trade practices, and related matters or 

conditions in the industry. 

(d) Members of the industry shall be entitled to participate in 

and share the benefits of the activities of the Code Authority and to 

participate in the selection of the members thereof by assenting to 

and complying with the requirements of this Code and by paying 

their reasonable pro rata share of the expense of the maintenance of 

the said Code Authority and its activities, either by becoming a member of the Feldspar Association or by paying to the Code Authority 

or to such agency as it may designate such pro rata share. Such 

shares shall be determined by the Code Authority, subject to review 

by the Administrator, on the basis of volume of business and/or 

such other factors as may be deemed equitable. 

(e) The Code Authority may designate the FeldsJ?ar Association, 

or any other proper agency, to assist it in maintaining its accounts 

and in procuring the collection of the cost of administration due 

from members of the industry. The Code Authority may from 

time to time appoint such subcommittees or designate such agencies 

and may delegate to any of them such of its powers and its duties 

as it shall deem necessary and proper, in order to effectuate the provisions and purposes of this Code, provided, however, that the Code 

Authority shall not be relieved of final responsibility with respect 

to any such delegated powers or duties. 
161 

A. The ode Authority shall formulate and re ommend for the 

approval of the Administrator for u e in the indu try a uniform and 

ad quate cost-accounting system, which hall b· a laptable to dr 

indu try. Such ystem hall pecify the factor whi h hall be 

inclu led in determining the operating o t · of emplo er . After 

approval of such ost-accounting system by the Adminjstrator each 

member of th inclu try shall use a cost-accounting y tem which is 

at lea.st as detailed and complete as the sy tem so approve l. 

B. No member of the inclu try engaged in grinding operations 

shall sell any product at uch prices or on su h term and onclition 

of sale as will result in a pnrch::1 er's paying th refor less than such 

members individual co t a d termined in accordance with the principles of the costing system provided for in Section A of thi Article, 

except to meet the comp tition of another member of the indu try. 

C. No member of the industry shall purchase crude feld par from 

a member of the industry engaged in mining operations and no member of the industry engaged in mining operations shall sell such 

crude feldspar to a member of the industry engaged in grinding 

operations at less than the lowest cost of a representative producer 

of crude feldspar. A representative producer of crude feldspar shall 

be a member of the industry regularly engaged in the mining of 

feldspar and maintaining a permanent organization for conducting 

the e operation . Such cost hall be determined from time to time 

by the Code Authority on the basis of adequate cost data submitted 

by such representative producers and shall be subject to review and 

modification by the Administrator. 

D. Members of the industry engaged in both mining and grinding 

operations as herein defined shall, for the purpo e of determining 

their costs pursuant to the provisions of Section B of thi Article, 

use as that element of co t described as cost of materials not le than 

the minimum prices e tablished in accordance with Section C by the 

Code Authority for all products of members of the indu try engaged 

in mining operations. 

E. The Code Authority shall formulate an l submit for the approval of the Administrator a classification of the grade of feldspar in accordance with the uses thereof. After the approval thereof 

by the Administrator no memb r of the indu try hall ell feld par 

except in accordance with such classification. 

F. Within ten (10) day after the effective date of this Code, a h 

member of the Industry hall file with the Code Authority a ch dule individually prepared by him, bowing his current price di - counts~ and all term and onditions of sale, and th r after hall 

maintain on file with the ode Authority at all time a schedule 

showing such urrent price eli. aunts, and t rm an l conditions of 

sale and any deviation therefrom in connection with an ' ale of his 

proclu t. hall con titut a \iolation of this od . Any member of tl e Inclu try may, from tim to time, file a revi~ecl ·chedule with the Code \..uthority u h revi ·i n to become 

eff tive on date p ·ifi d ther in provided ho\\eYer hat uch r -

vision ·hall be filed with th Cole Authority at lea t t n (10) da 

in a lvance of the eff ctiY elate th r of. Copi of u h r i ions 
162 

with notice of the effective date specified, shall be immediately sent 

by the Code Authority to all other members of the Industry, who 

thereupon may file, if they so desire, revisions of their schedules to 

meet the revisions first filed, such revisions to become effective upon 

the date when the revised price list first filed shall become effective. 

All schedules so filed with the Code Authority shall be open to inspection at all reasonable times by any interested party. 

G. No member of the industry shall permit his agent to sell ground 

feldspar products at other than the prices, terms, and conditions, 

filed by such member of the industry with the Code Authority in 

accordance with Section F. 

H. No member of the Industry shall make or permit to be made 

any secret payment or allowance of rebates, refunds, commissions, 

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

otherwise, or any secret extension to certain purchasers, of special 

services or privileges not extended to all purchasers, on like terms 

and conditions. 

I. All quotations and contracts for the sale of any product of the 

industry by a member of the industry shall be in writing and shall 

contain a definite statement of price, tonnage, grade, terms of payment, time and place of delivery, and all other items necessary to 

form a complete understanding. No contracts with individual consumers or jobbers shall be made for a period in excess of thirty (30) 

days or in excess of such longer periods as the Code Authority may 

from time to time approve. 

J. No member of the Industry shall sell any products of the 

Industry on consignment, except under circumstances and conditions 

approved by the Code Authority. 

K. The present capacity of the Industry is far in excess of the 

present or prospective needs. Therefore each member of the Industry shall register with the association the grinding capacity of its 

present grinding equipment. Prior to the installation of any new 

grinding equipment by persons engaged or engaging in the Feldspar 

Industry, except for the replacement of similar worn-out or obsolete 

grinding equipme.nt, such persons shall report to the Code Authority. 

The Code Authority shall make such recommendations to the Administrator as may seem necessary to effectuate the policy of the 

National Industrial Recovery Act. 

ARTICLE VII-MoDIFICATION 

A. 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 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 modify his approval of any provision of this Code or any conditions 

imposed by him upon his approval thereof. 

B. This Code may be amended upon the recommendation of the 

Code Authority or of any interested party or group, and any modificat,ion so recommended or initiated shall be effective upon the 

approval thereof by the President after such notice and hearing as 

he may prescribe. 
163 

ARTr LE vrn 

No provision of this Code shall be so on trued or applied as to 

permit or promote monopolies or monopolistic practice or to eliminate, oppress, or discriminate again t mall enterprises. 

ARTICLE IX 

Whereas the policy of the National Indu trial Recovery Act to 

increase real purchasing power will be made impossible of consum· 

mation if prices of goods and services increase as rapidly as wages, it 

is recognized and understood that price increa es will, so far as 

reasonably possible, be limited to actual increa es in the seller's 

costs. 

ARTICLE X 

This Code shall become effective on the second Monday after 

approval thereof by the President. 

Approved Code No. 206. 

Registry No. 1012/ 1/02. 

0 


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