Approved Code No. 433 Registry No. 2e4-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

COTTON PICKER·Y INDUSTRY 

p A '• 

AS APPROVED 0~ MAY 17, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I I 

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Approved Code No. 433 

CODE OF FAIR COMPETITION 

FOR THE 

CO'TTON PICKERY INDUSTRY 

As Approved on May 17, 1934 

ORDER 

APPROVING ConE OF FAIR CoMPETITION FOR THE CoTToN PICKERY 

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 Cotton Pickery 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: 

NOW, 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 Orders of the 

President, including Executive Order No. 6543-A, dated December 

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

annexed report and do tind that said Code 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 Code 

of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article VIII thereof shall not become 

effective and they are hereby stayed for a period of ten (10) days 

in order to afford consideration of the objections of any interested 

parties, and at the expiration of which period the said provisions 

of Article VIII shall become effective unless I shall by my further 

Order otherwise determine or extend such stay; provided, further, 

that the Code Authority shall appoint a committee which shall make 

a study of wages and hours in the industry looking toward measures 

which will enable an improvement in standards, and shall report 

such study, with recommendations, to the Administrator prior to 

December 31, 1934. 

HuGH S. JoHN oN, 

Administrator for I ndustrial Recovery. 

Approval recommended : 

ARMIN "\V. RILEY, 

Division Administ1·ator. 

WASHINGTON, D.C., May 17, 1934. 

60081°----544-105--.--34 (227) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Cotton Pickery Industry, and on the public hearing held in Washington, D. C., on March 10, 1934, in accordance with the provisions 

of the National Industrial Recovery Act. 

HOURS AND WAGES 

All labor, clerical and otherwise, is placed on a basis o£ forty ( 40) 

hours per week and eight (8) hours per day with exemption for 

employees on emergency maintenance and emergency repair work 

and on emergencies involving the prevention of spoilage and/ or 

deterioration of goods, and with a penalty of time and one-third for 

all time worked in excess of forty ( 40) hours. 

Firemen and engineers are placed on a forty-eight ( 48) hour basis 

with overtime for the time beyond forty (40) hours. Truck drivers 

are restricted to forty-eight ( 48) hours and watchmen to fifty-six 

(56) hours. Those supervisory employees who receive thirty-five 

($35.00) dollars per week or more are exempted. 

Office employe-es are placed on a sixteen ($16.00) dollar per week 

basis with a differential of two ($2.00) dollars for office boys. 

W atchmen are to be paid not less than fifteen ($15.00) dollars per 

week. The minimum wages set for factory employees represent increases of thirty-six (36% ) percent for male employees and seventyfour (74% ) percent for female employees. 

The usual safeguarding provisions are included in the Code. 

ECONOMIC EFFECTS OF THE CODE 

The Cotton Pickery Industry is scattered throughout the cotton 

belt and its units are located at points where cotton is concentrated in 

the course of its movement from producers to cotton textile mills and 

into export. It is essentially a salvage business, engaging regularly 

in the conditioning of irregular cotton not acceptable to the Raw 

Cotton Trade, and, in emergencies, in reconditioning cotton damaged by fire, water, or otherwise. These emergencies necessarily 

create sharp fluctuations in the number of persons employed in the 

Industry. 

The Industry receives damaged and irregular lots of cotton and 

sorts them into regular and irregular cotton. The regular cotton gets 

back into the channels of trade for such cotton ; the irregular cotton 

goes into low grade textiles, twine, mops, bedding, upholstery, paper 

stock and explosives. 

In view of the reduction in the cotton crop during the year 1933, 

and the further reduction which the Bankhead Bill is expected to 

effect, the volume of business which the Industry can expect is likely 

to be reduced. Therefore, the opportunity for increasing employ-

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229 

ment is restricted to spreading employment through curtailing the 

hours o:f employment, offsetting this curtailment by an increa e in 

hourly wages. 

There have been written into the Code requirements as to the 

marking o:f bales o:f irregular cotton o:f the various types each :for the 

type which the bale contains. This is in conformity to similar provisions which are to be written into the other related cotton codes 

and is designed :for the more complete and accurate description o:f ali 

cotton which will :facilitate its movement through the several trade 

channels o:f the domestic trade. 

The Code Authority will be selected by a method which is deemed 

to assure its being truly representative; its powers and duties are 

restricted to those generally vested in Code Authorities in accordance 

with the policy o:f this Administration. 

The Deputy Administrator in his final report to me on said Code 

having :found as herein set :forth and on the basis o:f all the proceedings in this matter; 

" I find that: 

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

removal o:f obstructions to the :free flow o:f 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 o:f cooperative action among the trade groups, 

by inducing and maintaining united action of labor and manao-ement under adequate governmental sanctions and supervision, by 

eliminating unfair competitive practices, by promoting the :fullest 

possible utilization o:f the present productive capacity of industries, by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption o:f 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 me as a major industry. 

" (c) The Code as approved complies in all respects with the pertinent provisions o:f said Title of said Act, including without limita- tion Subsection (a) of Section 3, Subsection (a) o:f Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant a ociation is an industrial (or trade) association truly repre entative of 

the aforesaid Industry; and that said association imposes no inequitable restrictions on admission to membership therein. 

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

or monopolistic practices. 

" (e) The Code is not designed to and "TI'ill not eliminate or oppress 

small enterpri es and will not operate to discriminate again t them. 

"(f) Thuse engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of aid 

Code. 

For the above reasons this Code has been approv d. 

Respcct:full y, 

~1 y 17, 1934. 

H GH S. Jo~ oN, 

.AdministTator. 
CODE OF FAIR COMPETITION FOR THE COTTON 

PICKERY INDUSTRY 

ARTICLE I-PURPOSES 

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

Act, this Code IS established as a Code of Fair Competition for the 

Cotton Pickery Industry, and 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. As used in this Code : 

(a) The term "President" means the President of the United 

States of America. 

(b) The tBrm "Administrator" means the Administrator for 

Industrial Recovery. 

(c) The term "Act" means Title I of the National Industrial 

Recovery Act. 

(d) The terms "Cotton Pickery Industry" and "Industry" 

include the business of reconditioning, reworking and/or reginning 

cotton damaged by flood wet, fire, water andjor in any other manner, and irregular cotton, whether baled or loose, whether such damaged and/or irregular cotton belongs to the member of the industry 

reconditioning, reworking and/or reginning such cotton or to 

others. 

(e) The terms " member of the industry " and "member " include 

but without limitation, any individual, partnership, association, corporation or other form of entBrprise engaged in the industry as above 

defined, either as an employer or on his or its own behalf. 

(f) The term "irregular cotton " includes conditioned, repacked 

and reginned cotton, pickings, and any other cotton not handled in 

the usual course of the cotton trade. 

(g) The term" conditioned" means cotton which has been rebaled, 

without the addition of any other cotton, and which came from a 

bale which had been opened for the purpose of drying the cotton, 

which cotton has been dried. This term shall not apply to a bale 

containing the regular cotton remaining after the damaged cotton 

has been removed from a damaged bale. 

(h) The term "repacked " means cotton that is composed of factor ', brokers' or other samples, or of loose or miscellaneous lots collected and rebaled, or cotton in a bale which is composed of two or 

more smaller bales or parts of bales. 

( i) The term " reginned " means cotton that has passed through 

the ginning process more than once, andjor cotton that, after having 

been ginned has been subjected to a cleaning process and then baled. 

(j) The term" pickings "means any cotton removed, in the process 

of conditioning, from any bale which has been damaged in whole or 

(230) 
231 

in part by fire and/or water, or in any other manner, whether 

reginned or not. 

(k) The term "employee" includes any and all persons engaged 

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

industry. 

(1) The term" employer" includes any person by whom any such 

employee is compensated or employed. 

(m) The term "watchman" includes any employee whose principal function is watching and guarding the premises and property 

of any establishment of a member of the industry. 

(n) The term" Code Authority" means that body set up pursuant 

to the provisions of Section 1 of Article VI. 

ARTicLE III-HoURs 

SECTION 1. No employee except as herein otherwise expressly provided, shall be permitted to war k in excess of forty ( 40) hours in 

any one week, or eight (8) hours in any one day, with the following 

exceptions : 

(a) Executive, supervisory, technical and administrative employees, provided that they regularly receive thirty-five dollars ($35.00) 

per week or more. 

(b) Watchmen, provided, however, that they shall not be permitted 

to work in excess of fifty-six (56) hours per week. 

(c) Truck drivers, provided, however; that they shall not be permitted to work in excess of forty-eight ~ 48) hours per week. 

(d) Firemen and engineers, provided, however, that they shall not 

be permitted to work in excess of forty-eight ( 48) hours per week; 

provided further that one and one-third times the regular hourly 

rate shall be paid for all time worked in excess of forty ( 40) hours 

per week. 

SECTION 2. The maximum hours fixed in the foregoing Section 1 

shall not apply to employees on emergency maintenance and emergency repair work and on emergencies involving the prevention of 

spoilage and/ or deterioration of goods; provided, however that any 

employee so working beyond eight (8) hours per day or forty (40) 

hours per week shall be compensated for such overtime by at least 

one and one-third times his regular hourly rate, and reports shall be 

made monthly to the Code Authority stating the number of hours so 

worked in excess of the maximum as provided herein. 

SEariON 3. All time worked, except by watchmen, on Sunda} s and 

National legal holidays shall be compensated the rate of time and 

one-third. 

SECTION 4. No employee, except a watchman, shall be permitted to 

work in excess of six (6) days in any seven (7) day period. 

SECTioN 5. No employer shall knowingly permit any employee to 

work for any time whicb, when totaled with that already performed 

with another employer or employers in this industry, exceeds the 

maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. No clerical or othar office employee except as herein 

otherwi e expre ly provided, shall be paid at the rate of le than 
232 

sixteen dollars ($16.00) per week except office boys, who may be paid 

two dollars ($2.00) less per week; provided, however, that the number of office boys so compensated shall not exceed five per cent ( 5%) 

of the total number of clerical or other office employees for any one 

member; provided further, that each member of the industry shall 

be entitled to at least one such employee. 

SEOTION 2. No watchman shall be paid at the rate of less than 

fifteen dollars ($15.00) per week of fifty-six (56) hours. 

SECTION 3. No employee except as herein otherwise expressly provided, shall be paid at the rate of less than (a) twenty-five cents 

(25¢) per hour for male employees and (b) eighteen cents (18¢) per 

hour for female employees. 

SECTION 4. This Article establishes minimum rates of pay which 

shall apply, irrespective of whether an employee is actually compensated on a time-rate, piece-work or other basis. 

SECTION 5. (a) Employers shall not reduce the hourly wage rates 

for occupations other than common labor which are now in excess 

of the minimum hourly wage rates herein provided for· and shall 

increase the hourly wage rates of factory employees by equitable 

readjustments of all pay schedules, which will at least maintain the 

differentials in full time weekly earnings existing on July 15, 1929. 

(b) Employers shall not reduce the weekly wage rates of clerical 

and other office employees below the weekly earnings existing on 

July 15, 1933, even though the hours of employment shall have been 

or may hereafter be reduced to comply with this Code. 

(c) Employers shall not reduce, or use any device or subterfuge 

for reducing, wage rates existing on July 15, 1933, of any employee. 

In the event that wage rates have been reduced subsequent to July 

15, 1933, wage rates existing on July 15, 1933 shall be restored. 

SEcTION 6. Female employees performing substantially the same 

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

employees. 

SECTION 7. 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 a Code, if the employer obtains from the state authority, designated by the United States Department of Labor, a certificate 

authorizl.ng 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. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SEcTION 1. No person under sixteen (16) years of age shall be 

employed in the industry, nor shall any person under eigl1teen (18) 

years of age be employed at operations or occupations which are 

hazardous in nature or detrimental to health. The Code Authority 

shall submit to the Administrator within sixty (60) days of the 

effective date of this Code a list of such operations and occupations. 
233 

SECTION 2. Employees shall have the right to organize and bargain collectively through representatives 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 activitie for 

the purpose of collective bargaining or other mutual aid or 

protection. 

SECTION 3. No employee and no one seeking employment shall be 

required as a conaition of employment to jmn any company union 

or to refrain from joining, organizing, or assisting a labor organiza6on of his own choosing. 

SECTION 4. Employers shall comply with the maximum hours o:f 

labor, minimum rates of pay, and other conditions of employment 

approved or prescribed by the President. 

SECTION 5. No employer shall reclassify employees or duties o£ 

occupations performed or .engage in any other subterfuge for the 

purpose of defeating the purposes or provisions of the Act or of this 

Code. 

SECTION 6. Every employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. 

Standards for safety and health shall be submitted by the Code 

Authority to the Administrator within six (6) months after the 

effective date of this Code. 

SECTION 7. No provision in this Code shall supersede any State 

or Federal law which imposes on employers more stringent requirements as to age of employees, wages, hours of work, or as to afety, 

health, sanitary or general working- conditions, or insurance, or fire 

protection, than are imposed by this Code. 

SECTION 8. Each member of the industry shall comply with such 

rules and regulations, with regard to the posting of notices, bulletins 

and extracts of Code prov~sions, as may be from time to time issued 

by the Administrator. 

SECTION 9. Wages shall be exempt from fines, charges, andjor 

deductions except with the written consent of the employee or when 

required by law. 

ARTICLE VI 

ORGANIZATION, POWERS AND DUTIES OF THE CODE AUTHORITY 1 

SECTION 1. There shall forthwith be e tabli hed a Code AuthorityJ 

con isting of five ( 5) persons who shall be elected by members ot 

the industry. 

(a) Four ( 4) members of the Code Authority may be member of 

the National Cotton Pickeries Association or employ e of uch 

members; at least one member of the Code Authority shall be a 

member of the industry, or an employee of such member who is not 

a member of this A sociation. In the event that such non-member 

i not elected he may be appointed by the Admini trator until so 

elected; if such non-member can not be found, then at the di cr tion 

of the Administrator, the A sociation with the approval of the 

Administrator, may elect one additional member 1n which event 

1 See paragraph 2 of order approving this Code. 
234 

each member of the industry shall have thereafter one vote for each 

of the five (5) members of the Code Authority. 

(b) Each member of the industry who is a member of theN ational 

Cotton Pickeries Association shall have one vote for each of the 

four (4) members of the Code Authority who may be members of 

the National Cotton Pickeries Association or employees of members 

of the Association; each member of the industry who is not a member of the Association shall have one vote for the member of the 

Code Authority who shall be a non-member of the Association or 

an employee of such non-member. At each election the voting may 

be by person, by proxy, or by letter, and such voting may be 

cumulative. 

(c) lVIembers of the Code Authority shall be elected annually by 

majority vote at an annual meeting of members of the industry, held 

for that purpose, for a term of one year; provided, however, that 

the fir&t Code Authority shall serve until the annual meeting of 

members of the industry to be held in June, 1934. 

(d) J\1embers of the Code Autherity shall be certified to the Administrator by the Secretary of the National Cotton Pickeries 

Association. 

(e) In addition to membership as abGve provided, there may be 

not more than three (3) members, without vote, to be appointed by 

the Administrator to serve for such term or terms as he may 

designate. 

SEcTioN 2. Each trade or industrial association directly or indire8tly participating in the selection or activities of the Code Authority shall (a) impose no inequitable restr).ctions on membership, and 

(b) submit to the Administrator true copies of its articles of association, bylaws, regulations, and any amendments when made 

thereto, together with such other information as to membership, 

organization, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. 

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

truly representative of the industry and in other respects comply 

with the provisions of the Act, the Administrator may prescribe 

such hearings as he may deem proper; 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, may require 

an appropriate moditication in the method of selection of the Code 

Authority. 

SEcTION 4. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall any member of the Code Authority be liable in any manner to 

anyone for any act of any other member, officer, agent, or employee 

of the Code Authority. Nor shall any member of the Code Authority, exercising reasonable diljgence in the conduct o~ his duties hereunder, be liable to anyone for any action or omission to act under 

this Code, except for his own wilful misfeasance or nonfeasance. 

SECTION 5. If the Administrator shall at any time determine that 

any action of a Code Authority or any agency thereof may be unfair 

or unjust or contrary to the public jnterest, the Administrator may 

r equire that such action be suspended to afford an opportunity for 

investigation of the merits of such action and further consider~tion 
235 

by such Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unless he shall 

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

to proceed with such action in its original or modified form. 

POWERS AND DUTIES 

SECTION 6. Subject to such rules and regulations as may be issued 

by the Administrator, the Code Authority shall have the following 

powers and duties, in addition to those authorized by other provisions of this Code. 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the industry with the provisions of 

the Act. 

(b) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

(c) To obtain from members of the industry such information 

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 this Code shall furnish 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act to such 

Federal and State agencies as he may designate; provided that 

nothing in this 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 Governmental 

agencies as may be directed by the Administrator. 

(d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such trade 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 

(e) To appoint a fair trade practice committee which shall meet 

with the trade practice committee appointed under such other codes 

as may be related to the industry for the purpose of formulating the 

fair trade practices to govern the relationships between production 

and distribution employers under this Code and such other code to 

the end that such fair trade practices may be proposed to the Administrator a amendments to this Code and such other codes. 

(f) To ma!re recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the industry. 

(g) 1. It being found neces ary, in order to support the administration of this Code and to maintain the standards of fair competition 

e tabli heel by this Code and to effectuate the policy of the Act, the 

Code Authority is authorized, subject to the approval of the 

Administrator; 

(a) To incur uch rea onable obligations as are n c sary and 

proper for the foreo-oing purp and to meet such obligation out 

of funds which may be rai e l a hereinafter provided and which 

shall be held in trust for the purpo es of the Code; 
236 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 

( 1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

Industry· 

(c) After such budget and basis of contribution have been approved by the Administrator, to determine and secure equitable 

contribution as above set forth by all such members of the Industry, 

and to that end, if necessary, to institute legal proceedings therefor in 

its own name. 

2. Only members of the Industry complying with the Code and 

contributing to the expenses of its administration as provided in 

Section 1 hereof shall be entitled to participate in the selection of the 

members of the Code Authority or to receive the benefit of its voluntary activities or to make use of any emblem or insignia of the 

National Recovery Administration. 

(h) To cooperate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those members of the industry who 

have assented to, and are complying with this Code. 

ARTICLE VII-UNFAIR ThADE PnACTICEs 

SECTION 1. Inaccurate marking. 

It shall be an unfair practice and is prohibited to fail to mark 

accurately and permanently all bales of cotton that have been handled 

to indicate the treatment which such cotton has been given and, in 

accordance with the de'finitions in Article II, under one of the following designations : Conditioned, Repacked, Reginned, or Pickings. 

This shall not apply to a bale containing the regular cotton remaining 

after the damaged cotton has been removed from a damaged bale. 

ARTICLE VIII-ExPORT TRADE 

SECTION 1. No provision of this Code relating to prices or terms 

of selling, shipping or marketing shall apply to export trade or sales 

or shipments for export trade. 2 

ARTICLE IX-MODIFICATION 

SECTION 1. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordapce with the 

provisions of Subsection (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, license, rule, or 

regulation issued under said Act. 

SECTION 2. This Code, 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 approval of the President. 

2 See pat·agraph 2 of order approving this Code. 
237 

ARTICLE X-MONOPOLIES, ETC. 

No proVIsions of this Code shall be so applied as to permit 

monopolies or monopolistic practices, or to eliminate, oppress, or 

discriminate against small enterprises. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 433. 

Registry No. 224-02. 

0 

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UNIVERSITY OF FLORIDA 

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