Approved Code No. 166 Registry No. 411-01

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

WAX PAPER INDUSTRY

AS APPROVED ON DECEMBER 18, 1933

BY

PRESIDENT ROOSEVELT

MEMBER

R

W.O OWUR PART

1. Executive Order

2. Letter of Transmittal

3. Code

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1933

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.

Boton, Ma ss.: IS01 C'ustoimhouse.

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

Cliarleston. S.C.: Chamber of Commerce Building.

Chica-o, Ill.: Suite 1706, 201 North Wells Street.

Cleveland, Ohio: Chamber of Commerce.

Dallas, Tex.: Cihamber of Commerce Building.

Detrdit, M ch.: 2213 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chamber of Commerce Building.

Jacksonville, Fla.: Chamber of Commerce Building.

Kansas City, Mo.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

LouisN ille, 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. 166

CODE OF FAIR COMPETITION

FOR THE

WAXED PAPER INDUSTRY

As Approved on December 18, 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 Waxed Paper 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. THEREFORE, 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, recommendations, and

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

competition be and it is hereby approved.

FRANKLIN D. ROOSEVELT.

Approval recommended:

HUGh S. JOHNSON,

Administrator.

TilE WHITE HOUSE,

December 18, 1933.

277420 -2G-2G - '233)
DECEMBER 12, 1933.

TIE PRESIDENT,

The JV7ite H7oue.

Sm : This is a port of the hearing on the Code of Fair Competition for the Waxed Paper Industry. conducted in Washington

o October 21. 19")3. in accordance with the provisions of Title I

of the National Industrial Recovery Act.

HoURS AND WAGES

The Code provides for a standard forty-hour week with provision

g t

mp

da

for overtime hours

worked in excess Of eight per day. The usual exceptions are made

in relation to incidental hionproducing employees.

The minimum wage rate is 4 0o per hour in the North and 350

peu hoim in the south with a female differential of 50 in both cases.

Women doing the same work as men must receive the same pay.

The minimim for hOliee employees is $16.00 per week in cities of

25: 0O or more and 15.00 in smaller places.

O-rHm Provis1 INs

The (ode cmOtainI' the usuzil provisions for filing reports and

an open pri selling plan.

ECoNx m EFFECT OF THE CO)y

The bu-iiness of this industry is the manufacture of waxed paper.

The -e of this material for food wrapping purposes has been

steadily -rowing. Consequently there is no unemployment in the

industry. There were about 1.900 employees in 1929, and this

number will be increased to about 2,900 under the Code.

Totat pay rolls have or will be increased by about one quarter

million dollars.

Fi NIxGs

The Administrator finds that-

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

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

thereof: and that

(b) The appdicait group imposes no inequitable restrictions on

8dbOissioll to) membership therein and is truly representative of the

Waxed Paper Industry: and that

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

to d icri'minate a--ainist t hem, and will tend to effectuate the policy

of Title I Of the Nationl Iindustrial Recovery Act.

It is i('( nemieided, therefore, that this Code be approved.

lRes pectfully simbIrm itted.

HuGH S. JoHNSON.

AIm in (iator.

(234)
CODE OF FAIR COMPETITION

FOR THE

WAXED PAPER INDUSTRY

To effectuate the policies of Title I of the National Tn(lustrial

Recovery Act, the following is hereby established as a Coje of Fair

Competition for the above-named Industry and shall be binding on

every member thereof.

ARTICLE I-DEFINITION"S

The following words are used in this Code with the meanings

herein set forth.

"Industry "-Coating and/or impregnating paper (but not paperboard) with paraffin or mineral oil, but excluding the processing of

paper for use as fruit wrappers and the processing of oiled-shredded

paper for fruit packing.

" Member "-A natural person, partnership, corporation, association, trust, trustee, trustee in bankruptcy or receiver engaged in such

Industry.

" Act "-Title I of the National Industrial Recovery Act.

" Administrator "-The National Industrial Recovery Administrator.

ARTICLE IT-ORGANIZATION AND ADM IN1-TRATION

1. The members of the Executive Committee of the American

Waxed Paper Association, together with such other person or persons

as the Administrator may designate are hereby constituted the Code

A thority of the Industry. The members of the Code Authority

designated by the Administrator shall act in an advisory capacity

and shall have no vote.

2. The said Association shall file with the Administrator certified

copies of any amendments of its Bylaws relating to eligibility or

admission to membership in such Association, or relating to the

method of selection of the members of such Executive Committee,

which such Association may hereafter adopt.

3. The Administrator may at any time prescribe a different method

for selecting the Industry members of the Code Authority, anO

thereafter, such members shall be chosen in the manner so prescribed.

4. The Code Authority is charged generally with the duty of

administering this Code under the sanction and with the approval

of the Administrator. All acts of the Code Authority shall be subject to review by the Administrator and to suspension, modification,

or cancellation by him in any case in which he shall determine that

such act violates the purpose of the National Industrial Recovery Act

(235)
236

5. The expen-es of adminitering this Cede shall be borne pro

rata, in accordance with a forimila to be adopted by the Code Authority, by all ineibers of such Indistry who accept the benefit of

the services of the Code Aithorit or otherwise assent to this Code,

6. Tie Code Authority shall have power to investigate alleged

violations of this C(ode and acts or cotires of conduct by any member

which are or appear to be contrary to the policy of the Act or which

tend or may tend to render ineffective this Code and to report the

saine with recoijniendations to thl Administrator.

ARTIcLE IIT-IboURs OF LABOR

1. Employees in the Industry shall not be required or permitted

to work hours in excess of the limits prescribed in the following

schedule:

SCJEIDULE OF WORKING HOURS

(a) Watchmen: Eight (8) hours in any one day and fifty-six (56)

ho1r's iIn an V 011 week.

(b) Chiaiiffeurs,. trucknen, engineers, and firemen: One hundred

sixty- eight (168) hours In any period of four (4) consecutive weeks,

provided, however, that time worked in excess of nine (9) hours

in 0Ie dlay shall he paid for as not less than time and one third.

(c) All other laborers, mieclianical workers, or artisans employed

il aly plant, mill, or factory or on work connected with the operation

of such plant, mill, or factory: An average of forty (40) hours per

week in any period of twenty-six (26) consecutive weeks, but not

more th in forty-eight (48) hours in any one week, provided, however, that time worked in excess of eight (8) hours in any one day

shall he paid for as not less than time and one third.

(d) Executives and their personal secretaries and other employees

engaged in a supervisory capacity and chemists receiving $35 or more

per week an(d outside salesmen: No limitation.

(e) All other employees: An average of forty (40) hours per week

in any period of thirteen (13) consecutive weeks, but not more than

forty-eight (48) hours in any one week.

2. No limitation contained in said Schedule shall apply to employees of any class when engaged in emergency repairs or emergency Maintenance work occasioned by break-downs or involving prote'tion of life or property; provided, however, that time worked

under this section in excess of eight (8) hours in any one day and

forty (40) hours in any one week shall be paid for as not less than

time a id one third.

3. No emiplovee slall be permitted to work for two or more members of the induiitstry an aggregate number of hours in excess of the

imnilber preserilbed in said Schedule.

4. No member shall operate his plant in excess of 144 hours per

week.

ARTrI: I V-1WAGEs

1. The minimmn rate of wage of any laborer, mechanical worker,

or artisan enploye(d in any plant, mill, or factory or on work con-
237

nected with the operation of any such plant. mill, or factory shall

be as follows:

(a) Northern Zone, which shall consist of all of the territory of

the United States except the States named in subdivision (b)

Male labor, 40 cents per hour

Female labor, 35 cents per hour

(b) Southern Zone, which shall consist of the States of Virginia,

Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas:

Male labor, 35 cents per hour

Female labor, 30 cents per hour

2. Pieceworkers shall be paid at rates which will yield a worker

for an hour's work not less than the minimum rate above prescribed.

3. The minimum rates of wages for all other employees except

commission salesmen shall be as follows: Sixteen dollars ($1G) per

week in any city of 25.000 population or over, and fifteen dollars

($15) per week in any city or town of less than 25,000 population.

4. Female employees performing substantially the same work

under the same conditions as male employees shall receive the same

rate of pay as male employees. The Code Authority shall within

90 days after the effective (late of this Code file with the Administrator a description of all occupations in the Industry in which

both men and women are employed.

5. The wage rates of all employees receiving more than the minimum rates herein prescribed shall be reviewed and such adjustments, if any, made therein as are equitable in the light of all the

circumstances, and within sixty (60) days after the effective date

hereof, the Code Authority shall report to the Administrator the

action taken by all members of the Industry under this Section.

6. A person whose earning capacity is limited because of age or

physical or mental handicap may be employed on light work at a

wage of not less than 80% of the minimum prescribed by this Code,

provided the State Authority designated by the United States

Department of Labor shall have issued a certificate authorizing his

employment on such basis. Each member shall file with the Code

Authority a list of all such persons employed by him. The provision of this Section requiring a certificate of authority shall not

become effective until sixty days after the effective date of this

Code.

7. Office boys and girls under 18 years of age may be employed

at a wage of not less than 80% of the minimum prescribed by

Section 3 hereof, provided that not more than 5% of the employees

of such class may be paid as office boys and girls.

ARTICLE V-GENERAL LABOR PROVISIoNs

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

in the Industry. No person under eighteen (18) years of age shall

be employed at operations or occupations which are hazardous in

nature or dangerous to health. The Code Authority shall submit

to the Administrator within sixty (60) days after the effective date

of this Code a list of such operations or occupations. In any State

an employer shall be deemed to have complied with this provision
23S

as to age if he shall have on file a certificate or permit duly signed

by the authority in such State eml)owered 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 represelntatives 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. No ermployee 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. Employers shall comply with the maximum hours of

labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President.

3. 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 safety, health, sanitary or general working conditions or insurance or fire protection, than are imposed by this Code.

4. No employer shall reclassify employees or duties of occupations

performed or engage in any other subterfuge for the purpose of

defeating the purposes or provisions of the Act or of this Code.

5. All employers shall post copies of Articles III, IV, and V of

this Code in conspicuous places accessible to employees.

6. Every employer shall make reasonable provisions 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 Code Authority to the Administrator within six (6)

months after the effective date of this Code.

7. No provision in this Code shall supersede provisions as to hours,

wages, and conditions of employment which are established for

specific projects by competent governmental authority acting in

accordance with law, )r to terms of employment which are establisced by labor agreements now in force, where either the wages arc

higher or the hours of labor are shorter, or both than are those set

forth in this Code.

8. The Code Authority shall make a study of conditions in the

industry to determine the feasibility of the adoption of a shorter

working week and shall, within three (3) months after the effective

date of this Code, make a report of its findings to the Administrator. The Code Authority shall also sibimit to the Administrator

within six (6) months after the effective date of this Code, a plan

for the stabilization and regularization of emnploymient.

An'ricm VI-ACC)U NTI NG-S ELLI NO

1. The Code Aitliority shall, as S0011 is practicable, formulate a

standard method of acmoum ting Uan(d costiig for lie iindlistry anrid

submit the same to tlie A(mfilnistrator. Any s m11lethod shall provide means for determuiu ing the price at which paper shall be charged

to the converting division of a combined paper manufactuiring and
239

converting plant. When siich method -hall bha.e a p x i by

the i'dministrator. every nenhilier Aiall a- i a ;io(mi11tI ) an I otinao

system which conforns to the principles of, a1(l i- at leni-t a-- [etailed

and complete as, such standard method.

2. Each member shall, on or before "t (hi >- after- the effective

date of this Code, file with the Code Authority coin plete schileu- in

such form as the Code Authority Shall prec-ribe (f ines ad t rns

and conditions of sale for domestic con-umpt io'i ( j1iluiin2 all diflerentials, discounts, trade allowances, aind special < -rw'-) of all 1r1 ,Iitids offered for sale by such mninber. and -h 11 ) IH- all -l1I)--IM4eIlt

changes therein or revisions thereof at least five dav prior, to the

effective time of any such changzev7 or revi-ioi>. Wileli antty Tuelill er

shall file any such schedule or any revision thereof. any other imber may also file a revision of his own schedule to 1e)00o11w effect ye

as of the same time as such first mentione'l -chedlale. Tie ( l

Authority shall, upon request. furnish any per-on c(olfi-erhled. whether

or not a member of the Inidutry. a copy of all i-l w hed ales ai

of all changes and revisions thereof.

3. No such schedule of prices and terms and -onditioii of sale

filed by any member, or in effect. at any time -lhall 1wuh as to

permit the sale of any product at lt- than the lower of the following:

(a) The cost of such product to mi iu mer, ( which co-t shall !,e

determined pursuant to the niethied of aw (; Mii, and costin-f j)rescribed by the Code Authority inder this Artil,- a -oon a- that

method is prescribed anid theretofore pmr-ilant to thi) method employed by such member subject to i such prelimi~nary rul'- at- h Cole

Authority shall from time, to time pre-rib'.

(b) The lowest price scheduled for such product tlnde the provisions of this Article by any other nebner and then in etlh-t.

Each schedule filed inder this Arti-le -hall state wlih-ther the

prices, terms, and conditions therein >pecifiet are jll tilld under

subdivision (a) or under subdivision (b) of this Section. and in the

case of justification under subdivision (b) shall identify the schedule

or schedules of the other member or members of the indtlidry justifying such prices. terms, and conditions. A schedule jtistifid utpon

the basis of the schedule or schedule- of another nemler or niembers

shall become void forthwith upon the caimnellation or reviion upward

of such justifying schedule or schedules.

4. The Code Atithority shall have power on its own initiative, or

on the complaint of any member, to investigate any price for any

product shown in any Schedule filed hereunder, and for such parpose to require the member who filed such Schedule to furnish such

information concerning the cost of manufacturing such product as

the Code Authority shall deem necessary or proper for suvh pu-poze.

If the Code Authority, after such investigation shall determine that

such price violates the provisions hereof, the Code Authority shall so

notify such member, and thereupon such price shall become void and

of no effect. All such decisions by the Code Authority shall be filed

with the Administrator.

5. Except in fulfillment of bona fide contracts existing on the

effective date of this Code, no member shall sell any products of the

Industry for domestic consumption at a price or prices lower than or

upon terms or conditions more favorable than stated in his price
240

schedules then on file, provided, however, that discontinued lines or

damaged goods or seconds or distress merchandise required to be

sold to liquidate a defunct business. may be disposed of in such manner and on such terms and conditions as the Code Authority may

approve.

6. The Code Authority may suspend for any period of time, and

from time to time, all or any of the provisions of Sections 2, 3, 4, and

5 hereof as to any specified product or products of the Industry.

7. Selling of waxed paper on consignment is prohibited.

ARTICLE VII-REPORTS AND STATISTICS

1. Each memb-r shall prepare and file with an impartial agent

designated by the Code Authority at such times and in such manner

as it may prescribe such statistics, data, and information relating

to plant capacity, volume of production, volume of sales in units

and dollars, orders received, unfilled orders, stocks on hand, inventory, both raw and finished, number of employees, wage rates, employee earnings, hours of work, and other matters as the Code

Authority or the Adlministrator may from time to time require.

Any or all information so furnished by any member shall be subject

to checking for the purpose of verification by an examination of

the books and accounts and records of such member by any disinterested accountant or accountants or other qualified person or persons designated by the Code Authority.

2. Except as otherwise provided in the Act, or in this Code, all statistics, data, and information filed or required in accordance

with the provisions of this Code shall be confidential and the statistics, data, and information of one member shall not be revealed to

another member. No such data or information shall be published

except in combination with other similar data and in such a manner as to avoid the disclosure of confidential information. The Code

Authority shall arrange in such manner as it may determine for

the publication currently to members totals of orders received, unfilled orders, shipments, stocks of finished goods on hand, and

production. 3. The Code Authority shall make such reports to the Administrator as lie may from time to time require.

4. In addition to information required to be submitted to the

Code Authority there shall be furnished to Government Agencies

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

AWrIcLE YIII-RECOMMENDATIONS

1. The Code Authority may from time to time present to the

Administrator recommiendations based on conditions in the Industry

which will tend to effect iate the operation of this Code and the

policy of the Act, and ill particular along the following lines:

(a) For the vst:1blisilnent of rules of fair trade practice for the

Industry and for the codification of its trade customs and the

eCiorcem&ent theref.
241

(b) For restrictions on the creation of iiew facilities for the

manufacture of any product of the ildItis tr- v or oil the acqlii -ition

by any member of new equipment for iuwh ni ofac rc.

Such recommendations, wheii approved Ibyv thw AWlwiI itrator, shall

have the same force and effect as the pro ViiOils of this Code.

ARTICLE IX-GENEIRMA PUOVis s

1. If any member is also a meiiiber of another industry, the provisions of this Code shall apply to And affect only that part of his

business which is included in this ifidt-trV.

2. Any work or process incidental to and carried on by a inilber at his plant as a part of the manufacture of any product of the

industry shall be regarded as a part of this in'uv iy.

3. Such of the provisions of this Code as are not required to be

included therein by the Act nmy. with te approval of the President

of the United States, be nodiieor O(iminated a, elaioes in circumstances or experience may indicate.

4. This Code and all tho provisions thereof are expr'e>-ly niade m 

subject to the right of the President, in accordance with the provisions of Section 10 (b) of the Act, from time to time to cancel

or modify any order, approval, licen. ((, 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

such code or any conditions imposed by him upon his approval

thereof.

5. This Code shall become effective on the second Monday after

the date upon which it shall be approved by the President of the

United States.

Approved Code. No. 166.

Registry No. 411-01.

0
UNIVERSITY OF FLORIDA

3 1262 08582 8803