Approved Code No. 322-Amendment No.3 Registry No. 1016-03 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

EARTHENWARE 

MANUFACTURING INDUSTRY 

AS APPROVED ON JANUARY 23, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1935 

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Approved Code No. 322-Amendment No. 3 

Al\'iENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

EARTHENWARE MANUFACTURING INDUSTRY 

As Approved on January 23, 1935 

ORDER 

APPROVING AMENDlVIENT OF CoDE oF F AIR CoMPETITION FOR THE 

EARTHENWARE MANUFACTURING 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 an Amend. 

ment to the Code of Fair Competition for the Earthenware :Manu. 

facturing Industry, and hearings having been duly held thereon and 

the annexed report on said Amendment, containing findings with 

respect thereto, having been made and directed to the President: 

NO\V, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to au· 

thority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwise, does hereby incorporate, 

by reference, said annexed report and does find that said Amend. 

ment and the Code as constituted after being amended comply in 

all respects with the pertinent provisions and will promote the 

policy and purpose of said Title of said Act, and does hereby order 

that said Amendment be and it is hereby approved, and that th~ 

previous approval of said Code is hereby amended to include an 

approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL REcoVERY BoARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

W. P. ELLIS, 

Division Administrator. 

VVASIDNGTON, D. c., 

January 23, 1935. 

111032°----1465-102----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: A Public Hearing was held in Washington, D. C., on August 

14, 1934, on a group of Amendments to the Code of Fair Competition 

for the Earthenware Manufacturing Industry as submitted by the 

Code Authority for that industry and on certain Amendments proposed by the National Recovery Administration. 

The Amendments correct certain typographical errors in the 

original Code as printed; eliminate the necessity of obtaining the 

National Recovery Administration's approval prior to permitting 

emergency maintenance and repair employees to exceed the maximum hours when engaged in emergency work involving breakdowns 

or protection of life or property; change the term "apprentice" as 

used in the Code to the word " learners ", as these employees could 

hardly be considered bona fide apprentices; bring into conformity 

with present policy certain provisions of the Code such as those governing handicapped persons, standards of safety and health, posting of labor provisions and dismissal of employees for complaints 

of Code violation. 

The Deputy in his final report to us on said Amendment to said 

Code having found as herein set forth and on the basis of all the 

proceedings in this matter: 

We find that: 

(a) The Amendment to said Code and the Code as amended are 

well designed to promote the policies and purposes of Title I of 

the National Industrial Recovery Act including the 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 of labor and management under 

adequate governmental sanction and supervision, by eliminating 

unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by- avoiding 

undue restriction 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) The Code as amended complies in all respects with the pertinent provision of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the aforesaid Amendment on behalf of the industry as a whole. 

(2) 
3 

(d) The Amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

(e) The Amendment and the Code as amended are not designed 

to and will not eliminate or oppress small enterprises and will n~t operate to discriminate against them. 

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

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

Amendment. 

For these reasons, therefore, we have approved this Amendment. 

For the National Industrial Recovery Board : 

JANUARY 23, 1935. 

w. A. HARRIMAN' 

Ad1ninistrative . Officer. 
• 

AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE EARTHENWARE MANUFACTURING INDUSTRY 

Amend Article II, Section 7 by deleting the word "apprentice" 

and substituting in lieu thereof the word "learner." 

Amend Article III by deleting Section 1 and substituting in lieu 

thereof: 

SECTION 1. No employee, except as hereinafter specified, shall be 

permitted to work in excess of forty (40) hours per week when 

averaged over any one (1) period of thirteen (13) consecutive weeks 

as selected by the employer, and no such employee shall be permitted 

to work in excess of forty-four ( 44) hours in any one (1) week, 

or eight (8) hours in any one (1) day. 

(a) Employees engaged in emergency maintenance or repair involving breakdowns or protection of life or property may be permitted to work in excess of the maximum hours provided herein 

but all such employees when engaged in emergency work shall be 

paid not less than at the rate of one and one-th1rd (11j3 ) times 

their normal rate of pay for all hours worked in excess of eight (8) 

hours in any one (1) day and forty-four (44) hours in any one week. 

Each employer shall report all emergencies to the Code Authority 

within seventy-two (72) hours from the beginning of such period, 

giving a complete statement of all the circumstances of the 

emergency. 

Amend Article III, Section 7, line 3 by deleting the word " oprators " and substituting in lieu thereof the word " operations." 

Amend Article IV by deleting Section 4 and substituting in lieu 

thereof the following : 

SECTION 4. Learners may be employed at not less than eighty ( 80%) 

percent of the minimum wage prescribed in Sections 1, 2, 3 and 6 of 

this Article, provided, however, that the total number of learners 

employed by any member of the industry shall not exceed five (5 % ) 

percent of the total number of employees of any such member and 

their period of learning shall not exceed twelve (12) weeks whether 

served under one or more employers. · 

Amend Article IV, Section 7 by deleting the words" and employed 

during the same work period." 

Amend Article IV by deleting Section 8 and substituting in lieu 

thereof: 

SECTION 8. 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 

this Code, if the employer obtains from the state authority, designated by the United States Department of Labor, a certificate authorizing 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 issu-

(4) 
5 

ing 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. 

Amend Article V by deleting Section 4 and substituting in lieu 

thereof: 

SECTION 4. Every employer shall provide for the safety and health 

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

Standards for safety and health shall be submitted by the Code 

Authority to the National Industrial Recovery Board within three 

( 3) months after the effective date of this section. 

Amend Article V by adding to Section 6 the following sentence: 

Every member of the Industry shall comply with all rules and 

regulations relative to the posting of provisions of Codes of ·Fair 

Competition which may from time to time be prescribed by the 

National Industrial Recovery Board. 

Amend Article V by adding new Section : 

SECTION 7. No employer subject to this Code shall dismiss or demote any employee for making a complaint or giving evidence with 

respect to an alleged violation of the provisions of any Code. 

Amend Article VI, Section 3, subsection c ( 4) by adding thereto 

the State of South Dakota. 

Amend Article VI, Section 3, subsection c ( 5) by adding thereto 

the State of Arizona. 

Amend Article VI, by changing the second Section 9 to read Section 10. 

Amend Article VIII, Section 1 (a), by adding thereto 6¥2", 

between 6" and 7" in the third column. 

Approved Code No. 322-Amendment No. 3. 

Registry No .. 1016--03. 

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UNIVERSITY OF FLORIDA 

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