Approved Code No. 197 Registry No. 1303-07 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL FARM 

EQUIPMENT TRADE 

AS APPROVED ON JANUARY 6, 1934 

WE DO OUR PART 

----

U.S. Dlfto.tTOfltY 

UNITED STATES 

GOVER 'MENT PRINTING OFFICE 

W ASHI ' GTON: 1934 

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

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. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, l\lass. : 1801 Customhouse. 

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

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cle>eland, Ohio : Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapoli , Ind. : Chamber of Commerce Building. 

JacksOJwille, Fla.: Chamber of Commerce Building. 

r:m._as City. Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, 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 Cu tomhouse. 

Norfolk, Va.: 406 Ea t Plume Street. 

Plliladelphia, Pa.: 933 ommercial Trust Build1ng. 

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. 197 

CODE OF FAIR COMPETITION 

FOR THE 

RETAIL FARM EQUIPMENT TRADE 

As Approved on January 6, 1934 

ORDER APPROVING CODE OF FAIR COMPETITION FOR 

THE RETAIL FARM EQUIPMENT TRADE 

.An application having been duly made pur uant to and in full 

compliance "ith the provi ions of Title I of the K ational Industrial 

Recovery Act, approved June 16, 1933, for approval of the Code of 

Fair Competition for the Retail Farm Equipment Trade, and hearings having been duly held thereon; and an analysis, report, recommendation and findings on said Code by the Administrator directed 

to the President having been made, which ar-e incorporated herein 

by reference; and it being found that said Code complie in all 

respects with the pertinent provisions and will promote the policy 

and purposes of Title I of ~aid Act, and specifically that the requirements of Clauses (1) and (2) of Subsection (a) of Section 3 

of said Act have been met: 

NO,;v, THEREFORE pursuant to the authority \e ted in the 

President by Title I of the National Industrial Recovery Act, approved June 16, 1933, and otherwise· and pursuant to authority 

vested in the undersigned A lministrator for Industrial Recovery 

by Executive Orders, including Order dated December 30, 1933, and 

otherwise; it is ordered that the said Code of Fair Competition be 

and it hereby is approved in the name of the President. 

THE PREsiDENT OF THE UxrTEn STATES OF A~mmcA, 

By Huon S. JoHNSON 

Ad1ninistrator for Industrial R ecove·ry. 

Approval recommended: ~fA LCOLl'ti ~f UIR 

D i ,vision Admin { frat or. 

w A.SHIXGTO~, D.C., 

January 6, 1934. 

31344°----313- 33----34 (17) 
THE PRESIDENT' 

The White House. 

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

Retail Farm Equipment Trade of the United States, the hearing 

having been held in "\iV ashington October 17, 1933, in accordance 

with the provisions of the National Industrial Recovery Act. 

PROVISIONS ON HOURS AND WAGES 

The distribution of farm equipment is ma,de, to a large extent, 

through retail hardware dealers who are operating under the terms 

of the Retail Code. It is, therefore, essential that the provisions for 

hours and wages be identical with the Retail Code except for additional provisions for overtime during crop failure which create a 

real emergency and for the employment of superannuated or par-_ 

tially disabled employees. 

ECONOMIC EFFEOT OF THE CODE 

The reduction in hours will show an increase of aJ?proximately 15 

percent in number of employees with a consequent Increase in payroll. The adoption of the minimum wage rate will also be productive of increases in many communities where employees have been 

decidedly underpaid. 

Approximately twenty thousand emplbyees are regularly engaged 

in the trade, erving rural communities through 12,000 iinple1nent 

and hardware stores located in these rural trade areas. 

Total sales of equipment through members of the trade amounted 

to $519,000,000 in 1929. It is a trade so closely identified with 

agriculture that planting and harvest periods coupled with emergency crop failures constitute peak periods .. 

Increa ed employment will be effected largely through the addition of part-time employees during the peak seasons. It is estimated 

that approximately three thousand part and full time employees 

will be added and that payrolls will be increased by at least $300,000 

yearly as a result of the application of the Code to the trade. 

It will be noted that although members of the trade in towns or 

trade area of less than 2,500 population and employing less than 

five persons are exempt from the hour and wage requirements of 

the code, the application of all other provisions is uni versa! to all 

the trade. 

FINDINGS 

I find that-

( a) The Code will promote the policies and purposes of Title I of 

the Act, including removal of obstructions to the free flow of inter-

(18) 
19 

state and foreign commerce which tend to dimini~T1 the amount 

thereof and will provide for the general welfare by .r;.··omoting the 

organization of industry for the purpose of cooperative r~ction among 

trade groups, by inducing and maintaining united action of. labor and 

management under adequate governmental ·unction and supervision, 

by eliminating unfair competitive practi e by promoting the funest po sible utilization of the pre ent productive capacity of industries, by avoiding undue re triction of production (except a may 

be temporarily required) by increa ing the con umption of indu -

trial and agricultural product through increasing purchasing power, 

by reducin~ and relieving unemployment by improYing tundanl. · of 

labor, and oy otherwise rehabilitating industry. 

(b) Said Trade normally employs less than 50 000 employees; and 

is not classified by me a a major industry. 

(c) The Code as revised complies in all respect wjth the pertinent 

provisions of Title I of the Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub. ection 

(b) of Section 10 thereof; and that the Retail Farm Equir ment 

group was and is a trade group truly repre cntatiYe of the afore aid 

Trade; and that said group impose no inequitable restrictions on 

admission to membership therein. 

(d) The Code is not designed to and will not permit monop lies 

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not 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 aid Code. 

For these reasons, this Code has been approved by me. 

Respectfully, 

vV ASHI -a TON' D. c., 

J anuary 6, 1934. 

HUGH S. J OHXSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

RETAIL FARM EQUIPMENT TRADE 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

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

Fair Competition for the retail farm-equipment trade, and, upon 

approval of the Administrator, shall be the standard of fair competition for such trade, and shall be binding upon every member 

thereof. 

ARTICLE II-DEFINITIONS 

(a) The term " retail farm-equipment trade " as used herein, includes distributing at retail of all equipment and repair parts :for 

the operation, upkeep, and development of the farm, including raising, harvesting, and storing o:f crops, dairying, stock, and poultry 

raising, or any other agricultural pursuit. 

(b) The qualifications of a "dealer " are that he shall have a 

suitable place of business with an adequate stock to serve the community in which he operates; shall have the proper means commensurate with the volume of business in that community of displaying 

goods in current demand; shall carry a reasonable supply of repairs 

properly to erve I1i cu tomers; shall have a sufficient investment in 

his_ business that he may be able to perform the dutie above outlined; and furnish the usual legitimate service necessary properly to 

promote his busines. and conduct his affairs upon such a basis as 

will assure permanency of business relationship. 

Nothing in this section (b) shall be construed to exclude in any 

'vay as a member of the trade and/or from the operation of this code 

anyone who distributes at retail equipment and/or repair parts for 

the operation, upkeep, and development of the :farm, as defined in 

section (a) of this Article II. 

(c) The term " employee " as used herein, is anyone engaged in 

the trade in any capacity receiving compensation for hi services, 

irrespective of the nature, or method of payment, of uch compensation. 

(d) The term "employer " a used herein, include anyone by 

·whom any such employee is compensated or employed. 

(e) The term "member of the trade" includes anyone, including 

individuals, firms, coopartnerships, corporations, cooperative asso-

(20) 
21 

ciation comnu wn agenc1e agent , contra t d aler., and manufacturer retail tore repre entahve and all other legal cntitie 

engaged in the trade. 

(f) The terms Pre iclent ',"Act ', and Admini trator ", as used 

herein hall mean, respectively, the Pre ident of th United States, 

t.he National Industrial H.ecovery Act, and the Admini. trator for 

Inclu trial Recovery under Title I of said Act. 

(g) The term 'South" a u eel herein hall mean Virginia, \Vest 

Virginia, :Maryland, North Carolina, South Carolina, Georgia, 

Florida, Kentucky, Tenne ee, Alabama l\1is ic::sippi, Arkan as~ 

Louisiana, Oklahoma New l\fexico Texa and the District of 

Columbia. 

(h) Population shall be leterminecl by r feren e to th 1930 Federal Cen u . (i) Junior employe :The term" junior employee" as used herein 

shall mean an employee under eighteen (1 ) year of age. 

(j) Apprentice Employee: The term "apprentice employee as 

u eel herein shall mean an employee with le than ix (6) months 

experienc in the retail trade. 

ARTICLE III-11El\IBEn HIP 

(a) ~I mber hip in the Federation of Implem.ent Dealer ' A . ociation of the United States is and shall be open to any dealer 

engaged in the distribution at retail of farm equipment and repair 

parts as defined above, through member hip in an affiliated a sociation, or through individual mem.ber hip. 

(b) No inequitable re trictions on admi sion to member hip are or 

may be impo eel by the Federations or any of their con tituent a ociations hereinbefore or hereinafter referred to. 

(c) l\1embership by a dealer in the Federation of Implement 

Dealers' A ociations of the United States, or any of th ir con tituent 

association hall not be requisite for the purcha e of farm equipment. 

ARTICLE IV-Ao::\Irxr TR. TIO~ 

(a) Immediately follo\\ing the effectiYe date of this ode a provided in Article XI\ , the Administrator shall appoint a temporary Code Authority which shall consist of ix member , three o:f 

whom shall be appointed from the member of the Code Committee 

of the National Farm Implement Dealers' Association and three 

from the Code Committee of the Eastern Federation of Farm Equipment Dealers, and not more than three members, ll'ithout vote, to 

represent the Administrator or such group or intere t a may be 

agreed upon. Such temporary Code Authority so e tabli hed shall 

sen·e for a period of not to exceed sixty clay immediately folloll'ing 

the said effective date of the Code and hall haYe all the powers, 

duties and obligations herein provide 1 for the Central Code 

Authority. 
22 

(b) Within sixty days immediately following the effective date 

of the Code, as provided in Article XIV, the permanent Central 

Code Authority shall be organized and constituted to succeed to 

all the powers, duties, and obligations of the temporary Code 

Authority provided in Section (a) of this Article. The Central Code 

Authority shall consist of one member from each constituent association of the Federations of Implement Dealers Associations of the 

United States, to be elected by the respective associations, each member to have equal vote, and not to exceed seven additional members to 

be elected by members of the trade who are nonmembers of the 

Federations and who have agreed to conform with the provisions of 

and bear their rea onable share of the cost of administering the Code, 

each said nonmember to have equal vote. The Administrator may 

appoint not more than three members of said Central Code Authority, 

without vote to represent him or such groups or interests as may be 

agreed upon. 

(c) Members of the trade 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 sustaining their 

reasonable share of the expenses of its creation and administration. 

The reasonable share of the expense of creation and adm.inistration 

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

Administrator, on the basis of volume of business andjor such other 

factors as may be deemed equitable to be taken into consideration. 

(d) The Central Code Authority shall have the following duties 

and powers to the extent pennitted by this Act, subject to the right 

of the Administrator on review to approve or disapprove any actiOn 

taken by the said Central Code Authority. 

The Central Code Authority shall be charged with the administration of the provisions of this Code, and with the duties thereof, 

through agents or otherwise; of conducting hearings and adjusting 

comJ?laints, considering proposals for amendments to this Code, 

mak1.n~ recommendations thereon, and otherwise administering its 

prOVISIOnS. 

The Central Code Authority shall elect from its membership an 

E xecutive Committee of five members, with representation thereon 

from each division. 

Because of the wide variance in a~icultural conditions and practices of the eastern and western sections of the United States, there 

are hereby created for the purpose of a-dministration the following 

divisions: 

The Eastern Div-ision of the F ederations jg comprised of the 

following constituent associations : · 

New England Farm Equipment Dealer. ' Association 

New York Farm Equipment Dealers' Association 

Eastern Farm Equipment Dealers' As ociation 

Virginia Farm Equipment Dealers' Association 

North Carolina Farm Equipment Dealers' Association 

Western Pennsylvania Farm Equipment Dealers' Association 
23 

The 'Vestern DiYision of the Federations 1s comprised of the 

following constituent a ociations: 

\Ye. tern Retail Implement and Hardware As . ..; oC" iation 

Minnesota Implement Den iers' A .·oebtion 

Iowa Implement D al r ' A · ocia tion 

\Yisconsin Implement Dealers' A:socia tion 

l\1ichigan Farm Equipment As:ociation 

Illinois Implement Dealer." A sociation 

North Dakota Implement Dea lers' Asso ·iation 

South Dakota Implement Dealers' Association 

Mississippi Valley Farm Equipment A. sociation 

l\Iid-West Implement Dealers' A o2iatiou 

Pa cific North\\'est Hard,vare and Imt1lcrn nt Association 

Indiana Implement Dealers' Association 

Kentucky Hardware and Implement As ociution 

l\Iountaiu States Hardware and Imp:ement Association 

Oregon Retail Hard,vare and Implement A. :ociation 

California Retail Hardware and Impl ement Association 

Panhandle Hardware an d Implement Association 

Idaho Reta il Hardware and Implement A sociation 

l\Ion tan a Implemen t and Hard\\'are A .. ocia tlon 

Ohio Implement Dea ler ' Association 

Texas Hard\nue and Implement A:"so ·ia tion 

The Ex:ecntiYe Committee shall appoint a managing director for 

each of the two divisions, eastern and western, each such managing 

director to appoint his own a si tant and define the territory to be 

served by each director. 

The Ex:ecutiye Committee shall also appoint a board of three 

member · of the Central Code Authorjty from each of the bYo divisions. each uch board to a t in a strictly advisory capacity t o the 

managing director of jt own diYi i~ n. 

The Central Code Authority may establish other divisions and 

define the territory to be erved by each , an l ·uch divis] ons ·hall 

be accorded representation on the Central Code Authorit:y-. 

For the administration of this code in each division or ubdivision 

of the a ·so iation, the Central Code Authority shall appoint appropriate agencies and delegate to them all necessary power and authority for the admini tration of thi. code \Yithin each clivi ion and 

subdivision. 

(e) To obtain from member ~ of the trade such information and 

reports as are required for the administration of the Code and to 

provide for submission by members of such information and reports 

as the Admini h·ator may deem nece. ary for the purpose recited in 

Section 3 (a) of the Act, which information and reports shall be 

submitted by members to such admini trative andj or government 

agencies as the Administrator may de ignate; provided that nothing 

in this Code shall relieYe any member of the industry of any existing 

obligations to furnish reports to any goyernment agency. No individual reports shall be disclosed to any other member of the trade 

or any other party except to uch governmental agencies as may be 

directed by the Administrator. 

31344 °- - 313-33--34--2 
24 

ARTI LE Y-~IAxil\H l\1 'V RJUNG HouHR 

SECTION 1. On and aft r the effC'ctiYe date of this Code e tablishment in the retail trade shall elect to operate upon one of the following schedules of hours of labor. 

(a) Any e tabli ·hment may elect to remain open for bu ine s le s 

than fifty- ix (56) hour but not le ·s than fifty-two (52) hours per 

week, nnle it · tore hour '"ere les: than fifty-two (52) hours prior 

to June 1, 1933, in which case such estubli ·hment shall not reduce its 

store hours; no employee of an establishment electing to operate in 

accordance with thi · Section (a) shall work more than forty (40) 

hour per week, nor more than eight (8) hours per day, nor more 

than six ( 6) day: per week. 

(b) Any e tabli. hment may ele -t to remain open for bu ine ·. fiftysix (56) hour. or more per week but le tlian sixty-three (63) hours 

per week; no employee of such e. tabli hment hall work more than 

forty-four ( 44) hour per week, nor more than nine (9) hours per 

day, nor more than ix (6) days per week. 

(c) Any establi ·lunent may elect to remain open for business 

sixty-three (63) hour or more per week; no emJ?loyee of such establi hment shall work more than forty-eight ( 48) hours per week, 

nor more than ten (10) hours per day nor more than six (6) days 

per week. 

No employee ·hall " 'ark for two or more establishments a greater 

number of hour . .: in the aggregate) than he would be pennitted to 

work for that one of uch establishment which operates upon the 

schedule of fewest operating hours. 

No employee not included in the foregoing Sections (a), (b), and 

(c) and not specifically excepted hereinafter, shall work more than 

forty ( 40) hours per week, nor more than eight ( 8) hours per day, 

nor more than six ( 6) days per week. 

EC. 2. On or within one week after the effective date of thi · Code 

eYery retail establishment shall designate under which _of the Groups 

et forth in the preceding Section 1 1t elects to operate an l shall post 

and maintain in a conspicuou place in the establishment a copy of 

such election showing its tore hour. and employee working hour . 

SEc. 3. (a) No e tablishment may change from the Group in which 

it has elected to operate except upon December 31 of any year. 

(b) Any establi hment, however, may at any time increa e its store 

hours, provided it maintains the basic employee work week of the 

Group in which it originally elected to operate. 

(c) Any establi hment may, for a period not to exceed three (3) 

month during the Summer, temporarily reduce its tore hour , but 

the weekly wage of it employees hall not on that account be reduced. 

SEc. 4. (a) Professional persons, O'utside salesnun, outside collectors, field and 1·epair service 1nen, and watahmen.-The maximum 

period of labor pre cribed in Section 1 of this Article shall not apply 

to profe sional per on employed and working at their profe ion, or 

to outside salesmen, outside collector , field and repair service men, 

anll watchmen. 

(b) Maintenaace and out ide ~· Tvic emp7oyn>s.-The maximum 

periods of labor pre cribecl in Section 1 of thi · Article shall not apply 
25 

to maintenan e and outsi le ·en -ice employee. · but uch employees 

shall not work more than six ( 6) hour · per week aboYe the maxi· 

mum hours per week otherwi e prescribed by Section 1 unless they 

are paid at the rate of time and one-thir l for al'l hour: oyer such 

additional six ( 6) hours per week. 

(c) Exer:utives.-Subject to the condition set forth in Section 5 

of this Article, executiYe receiving $35.00 or more per week in cities 

of over 500,000 population, or receiving $30.00 or more per week in 

cities of 100,000 to 500,000 population, or recejving $27.50 or more 

per week in cities of 25,000 to 100,000 population, or recei-ving $25.00 

or more per week in citie , towns, villages, and other places under 

25,000 population, may work in exces of the maximum period of 

labor prescribed in Section 1 of this Article. In the 8outh, executiYe 1 aid not less than ten (10) percent below the ,yages O . pecified 

may work in exce . of such maximum period . 

(d) Peak periods.-At harvest, inventory, and other peak times, 

for a period not to exceed two (2) weeks in the first ix ( 6) months 

of the calendar year and not to exceed three ( 3) weeks in the second 

six (6) months, an employee who e basic work"eek is forty (40) 

hours may work not more than forty-eight ( 48) hours per week and 

nine (9) hours per day; an employee whose basic workweek i. fortyfour ( 44) hours may work not more than fifty-two (52) hour per 

week and nine and one half (91j2 ) hours per clay; an employee whose 

basic workweek is forty-eight ( 48) hours may work not more than 

fifty-six (56) hours per week and ten (10) hour per da3. All such 

work m?-y be without the payment of overtime. 

SEc. 5. In case of crop failure or the destruction of crops by hail, 

L1ack rust, or pests, such as boll weevil, He sian fly gras hoppers, 

~orn borer, chinch bugs and the like, creating an abnormal demand 

for equipment for replanting or reseeding to other crops, any emp:ioyee may be permitted to work more than eight (8) hours per lay 

1.t the regular daily rate of pay. 

SEc. 6. Notwithstanding the proYisions of the foregoing ection of 

Lnis Article, and regardless of the number of persons otherwise permitted to work unrestricted hours the total number of "-orkers in 

nny establishment (whether such workers are executi-ves, proprietors, 

1Jartners, persons not receiving monetary wugc ·, or other -) who hall 

be permitted to work unrestr:icted hour shall not exceed the following 

ratio : In establishments comprised of twenty ( 20) worker · or less 

tl:e total number of workers who may work unre. tricted hour · (not 

including tho e workers specified in Section 4 (a) of tllis Article) 

shall not exceed one worker for every five ( 5) workers or fraction 

th€reof; in establishments comprised of more than twenty (20) 

workers the total number of workers who may work unrestricted 

hcurs (not including those workers specified in Section 4 (a) of this 

Article) shall not exceed one worker for every five ( 5) worker for 

t:ue first t\\enty (20) worker , and shall not exceed one ·worker for 

t'Yery eight (8) worker. aboYe twenty (20). 

SEc. 7. H ow s of wo1'k to be oonsecutive.-The hours ''or ked by 

any employee during each clay shall be consecutive, provi led that an 

interval not longer than one hour may be allowed for each regular 

meal period, and such interYal not counted as part of the employee's 
working bmc. Any rest periocl \Yhi ch may be giYen employees shall 

not be deducted from such employee' ~ working time. 

S:r:c. 8. E xh·a u·m·king lww· on one day a ·week.-On one day each 

week employee. · may work one extra hour, but such hour is to be 

included within the maximum hours permitted each week. 

ARTICLE \ I-\Y ACES 

ECTION 1. Ba0i.c schedules of 'wages.-On and after the effective 

elate of this Code, the minimum weekly rates of wages which shall 

be paid for a work \Y eek GS specified in Article V-whether such 

wage are calculated upon an hourly, weekly, monthly, commission, 

or any other ba haH, except as hereinafter provided, be as 

follow : 

(a) \Vitl1in citie of over 500,000 population, no employee shali 

be paidles · than at the rate of $14.00 per week for a forty ( 40) hour 

work week, or le ·s than at the rate of $14.50 per \Teek for a fortyfour ( 44) hour work week , or less than at the rate of $15.00 per week 

for a f orty-eight (48) hour work week. 

(b) \Vi thin cities of from 100,000 to 500,000 population, no employee hall be paid less than at the rate of $13.00 per week for a 

forty (40) hour workweek, or le s than at the rate of $13.50 per 

week for a forty-four ( 44) hour Yi'Orkweek, or less than at the rate 

of $14.00 per \Yeek for a forty-eight ( 48) hour \Yorkweek. 

(c) \'\''ithin cities of from 25,000 to 100,000 population, no employee 

shall be paid less than at the rate of $12.00 per week for. a forty 

( 40) hour workweek, or l'ess than at the rate of $12.50 per week 

for a forty-four ( 44) hour \Torkweek, or less than at the rate of 

$13.00 per week for a forty- eight ( 48) hour work11·eek. 

(d) \Vi thin cities, towns, villages of from 2,500 to 25,000 population the wages. of all classes of employees shall be increased from 

the rates e::ustmg on J nne 1, 1933, by not less than twenty (20) 

percent, provided that this shall not require an increase in wages 

to more than the rate of $11.00 per "Week and proYided further that 

no employee . ·hall be paid less than at the rate of $10.00 per week. 

(e) \Vi thin to·wns, villages, and other places with less than 2,500 

population, the wages of all clas es of employees shall be increased 

from the rate existing on June 1, 1933, by not less than twenty (20) 

percent, provided that this shall not r equire an increase in wages to 

more than the rate of $10.00 per week; subj ect , however, to the 

Pre ·ident' Executive Order of October 23, 1933, relating to the employment of fiye persons or le s in towns of 2,500 population or les , 

which i attached hereto and made a part hereof as Schedule A. 

The minimum wages paid to professional persons, outside salesmen , ontside collectors, watchmen, field and repair service men, and 

maintenance and outside service employees shall be upon the basis 

of the basic employee work\Yeek upon which the e tablishment by 

which they are employed ha elected to operate. 

The minimum wages of any employee not inclu led in the foregoing paragraphs and not specifically excepted hereinafter shall be 

upon the bnsi · of a fo rty ( 40) hour workvYeek. 
27 

A person who e earning capacity is limited be ause of age or 

physical or mental handicap rna be employed on light work at a. 

wage below the minimum e tablished by this Code if the employer 

obtains from the State Authority designated by the United States 

Department of Labor a certificate authorizing his employment at .. uch wages and for uch hours a shall be stated in the certificate. 

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

per on employed by him. 

SEc. 2. Juniors and apprentices.-J unior and apprentice employees 

rna r be paid at the rate of $1.00 le s per week than the minimum 

wage otherwi e applicable· it i provided, however that no em-. 

ployee shall be cla ified both as a junior and as an apprentice 

employee, and it is further provided that the number of employees 

clas ified as junior and as apprentice employees combined, shall not 

exceed a ratio of one such employee to every five employee or fraction thereof up to twenty (20), and one such employee to every ten 

(10) employee above twenty (20). 

SEc. 3. Sm.dhern wage dijf'erential.-In the South, within cities 

of over 25 000 population, the minimum wage prescribed in the 

foregoing sections may be at the rate of $1.00 le s per week; within 

cities town , and vill, ges of from 2 500 to 25 000 population the 

wages of all cla ses of employee shall be increased from the rates 

exiSting on June 1, 1933, by not le s than twenty (20) percent, provided that this shall not require an inc-rea e in wage to more than 

the rate of $10.00 per week and provided further that no employee , hall be paid le s than at the rate of $9.00 per week except as provided in Section 2 of thi Arti le; within cities, town , villages 

and other places under 2,500 population the wages of all cia ses of 

employees hall be increased from the rate exi ting on June 1 1933, 

by not less than twenty (20) percent, provided that thi hall not 

require an increa e in wages to more than the rate of $9.00 per week. 

SEc. 4. Pa?'t-time em.ployees.-Part-time employee shall be paid 

not les than at an hourly rate proportionate to the rate prescribed 

in the foregoing section of thi Article. 

SEc. 5. Weekly wages a~ove min'imum, not to be 1·educed.-The 

weekly wage of all cla e of employees receiving more than the 

minimum wages prescribed in thi Article shall not be reduced from 

the rates existing upon July 15, 1933, notwithstanding any reduction 

in the number of working hour of ~u h emplo ees. 

Ann LE YII-GEXERAL LABOR Pnon. rox 

SECTIO~.,. 1. Collective bargaining.-( a) Employee hall have the 

right to organize and bargain collective] through representatives 

of their own choo ing, and shall be free from the interference, restraint or coercion of employer of labor, or their agents, in the 

de ignation of such repre entative or in self-organization or in other 

concerted activitie for the purpo .. e of collective bargaining or other 

mutual aid or protection. 

(b) No employee and no one e king employment hall be required 

as a condition of emplovment to join any company union or to 

refrain from joining. organizing. or a i ting a labor organization of 

hi own choosing. 
28 

(c) Employers shall comply with the maximum hours of labor, 

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

or 'prescribed by the Administrator. 

SEc. 2. Ohil~ labor.-On and after the effectiYe date of this Codet 

no person under the age of sixteen (16) years shall be employed, 

except that persons fourteen (14) and fifteen (15) years of age may 

be employed either-

( a) for a period not to exceed three (3) hours per day during six 

(6) days in any one week, or 

(b) for one day per week, such day not to exceed eight (8) hours. 

In either case, all such hours of work shall be between 7 a.m. and 

'7 p.m. and shall not conflict with the employee's hours of day school. 

It is provided, however, that no person under the age of sixteen (16) 

years shall be employed in delivering merchandise from motor 

vehicles. 

SEo. 3. No proYision of this Code shall supersede any law within 

any State which makes n1ore stringent requirements on employers as 

to hours of ''ork, wages, or age of employees than are imposed by 

this Code. 

SEc. 4. Each employer shall po tin conspicuous places, acces ible to 

employees, full copies of this Code. 

SEc. 5. Employers engaged only locally in the trade (and not 

in a busine sin or affecting interstate commerce) who do not employ 

more than five persons and who are located in towns of less than 2,500 

population "·hich are not in the immediate area of a city or town 

of larger population than 2,500 shall not be subject to the operation 

of Articles V and VI and Sections 2 and 4 of this Article VII. 

ARTICLE VIII-TRADE PRACTICES 

The following practices constitute unfair methods of competition 

for the members of the retail farm equipment trade and are prohibited: 

(a) P1·ice cutting.-No member of the trade shall sell any product 

in the Trade at a price below his own individual cost. However, any 

member may meet the price competition of any one whose costs under 

this code provision are lower. Cost is defin'8d as the wholesale invoice price, plus transportation cost, plus overhead. Overhead 

shall include all elements of expense (including servicing) which 

are involved in the conduct of the business, as may be determined 

by an accounting method to be proposed by the Code Authority and 

approved by the Administrator. 

Nothing in this Section (a) , Article VIII, shall apply to the sale 

of merchandi e which is ob olete, damaged, or the sale of which is 

being discontinued by said dealer, provided same are labelled, advertised, or offered for sale as such , but no discontinued merchandise 

shall be sold below cost if a new dealer has offered to buy the same 

tmder Section (d) of this Article. 

(b) AdveTtising.-The making or causing or knowingly permitting to be made or publi heel any false, materially inaccurate, or 

deceptiYe statements by \Yay of ad-vertising or otherwise, whether 

concerning the grade, quantity, quality, substance, character, nature, 
29 

origin, size fini ~h, or prepara ion of any merchandise offered for 

sale by the trade or th credit terms, value , policies or service of 

any member of the trade or otherwise, having the tendency or capac- ity to mislead customers or prospective customers. 

(c) I nterference with contractual relati01U3.-VVilfully inducing 

or attempting to induce the breach of existing contracts between com- petitors and their customers by any false or deceptive means whatsoever, or interfering with or obstructing the performance of .any 

such contractual relations or services by any such means, with the 

purpose and effe t of unduly hampering, inJuring, or embarra ing 

competitors. (d) Transfer of dealer agency contracts.-To accept from the 

manufacturer the transfer of a dealer agency contract without 

offering to purchase from the former agent his marketable stock of 

that line of merchandise at replacement prices of identical goods provided, however, that there shall be no such obligation to offer to 

purchase from a dealer who has violated the provisions of his 

contract with the manufacturer, or has voluntarily discontinued 

contractual relations with such manufacturer. 

(e) Secret 1·ebates.-The ecret payment or allowance of rebates, 

refunds, commissions, or credits, or eli cotmts, whether in the form of 

money or otherwi e, or the secret extension to any purcha er of 

privileges or services not extended to all purchasers under like terms 

or conditions. 

(f) Prison-made goods.-Pending the formation of a compact or 

code between the several states and the United States to insure the -

manufacture and sale of prison-made goods on a fair competitive 

basis with goods not so produced, the following provi ions of this 

code shall be tayed for a period of ninety days, but not thereafter: 

( 1) To protect free labor against the competition of products produced in penal. charitable, or reformatory in titutions or by the 

inmates thereof, it is hereby declared to be an unfair act of competition and a Yiolation of this code to sell, offer for sale, or deliver 

prison made products at prices lower than that at which similar 

goods made by free labor can be sold under the provisions of this 

Code. 

(2)) Nothing herein shall be con trued to super ede or interfere 

with the operation of the Act of Congress approved January 19, 

1929 being Public No. 669 of the 70th Congress and entitled 'An 

Act to Divest Goods, 'Yares, and Merchandise l\1anufacturecl, Pro- duced1 or Mined by Convicts or Prisoner of their Inter tate Character In Certain Ca es , which Act i known as the Hawes-Cooper 

Act. or the proYi ions of any tate legi lation ena ted thereunder 

or effective upon the effective date of aiel Hawe - ooper Act the 

aid effective date being J anuar 19, 1934. 

(g) T1'ade-ins.-Selling trade-in merchandi e or liYe tock below 

the price allowed thereon by the member of the trade plu ~ the cost, 

if anv, of reconditioning uch merchandi e · provided, howeYer, that 

uch ale price upon trade-in merchandise or live tack remaining 

unsold at the end of the first year after it was traded in may be reduced not to exceed 25 percent of the price allowed thereon, (plus 

cost if any of reconditioning) · provided, further, that trade-in 
30 

merchandise or livestock remaining tmsold at the end of the second 

year after it was traded in may be sold without restriction. 

(h) Other unfair practices.-Nothing in this code shall limit the 

effect of any adjudication by the courts or holding by the Federal 

Trade Commission on complaint, finding and order that any practice 

or method is unfair provided that such adjudication or holding is not 

inconsistent with any provision of the Act or of this Code. 

ARTICLE IX-~1o~oPOLIES 

No provision of this code hall be so applied as to permit monopolies or monopolistic practices or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE X-COORDINATION 

It shall be the policy of this trade to coordinate the administration 

of this code with such codes, if any, as may be adopted by any subdivisions of this trade or related trade, with a view of providing 

joint and harmonious action on all matters of common interest. 

ARTICLE XI-VIOLATIONS 

Violations of this Code or any subdiYision thereof, or the violation 

of any approved rules is. ued thereunder or of any agreement entered 

into under this Code, or the violation through any false statement 

or report made to the President or the Code Authority by any person 

subject thereto hall, after determination thereof by the Administrator, constitute an unfair method of competition and the offender shall 

be subject to the penalties provided by law. 

A.RTICLE XII-1\1omFicA noN 

(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 Industrial 

Recovery Act, from time to time to cancel or Inodify 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 this code or any conditions 

im~osed by him upon his approval thereof. 

(b) This code, except as to :provisions required by the Act, may be 

modified on the basis of exp·enence or changes in circumstances, such 

modification to be based upon application to the Administrator and 

such notice of hearing as he shall pecify, and to become effective on 

his approval. 

ARTICLE XIII-PmcE IN CREASES 

\Vhereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

service increa e as rapidly as wage , it is recognized that price in-
31 

creases should be delayed and that, when made, the same should, so 

far as reasonably possible, be limited to actual increases in the seller's 

costs. 

ARTICLE XIV-EFFECTIYE DATE 

This code and amendments thereto shall be in effect beginning the 

third Monday after approval thereof by the Administrator, and 

shall apply to all members of the trade, excepting that those members of the trade located in towns of less than 2,500 population are 

permitted labor exemptions only as provided in Section 5, Article 

VII. 

App.roved Code No. 197. 

Registry No. 1303-07. 
SCHEDULE A 

EXECUTIVE ORDER 

In order to effectuate the policy of title I of the National Indu trial Recovery Act, approved Jtme 16, 1933, and to provide for equitable enforcement 

of agreements heretofore made with the President and codes approved by 

the Pre ident under said act, I, Franklin D. Roosevelt, Pre ident of the United 

States, pursuant to the authority vested in me by title I of aid National 

Industrial Re<.:overy Act, hereby prescribe the follO\Ying rules aml regulations 

which shall have tl1e effect of modifying any inconsistent proYisions of any 

order, approYal, rule or r gula tion heretofore issued under title I of said act. 

1. The provision of tl1e Pre idcnt"s reemployment agreement, i ·ucd July 27, 

1933, ·ball not be held to apply to employers engaged only locally in retail trade 

or in local service industries (and not in a bu ·ine s in or affecting interstate 

commerce) who do not employ more than tive 11ersons and who are located in 

towns of less than 2,500 population (according to the 1930 Federal census) 

which are not in the immediate trade area of a city of larger population, except 

so far as such employers who haYe signed the President's reemployment agreement de ire to continue to comply with the terms of said agreement after the 

date of thi order; and this release of such employer who have heretofore signed 

the President' reemplo~ ment agreement shall be further extended so as to 

release to the same extent all such employers of obligations not Yoluntarily 

assumed under the provisions of a code of fair competition approyed by the President. This exemption i intended to relieYe small business enterprises in small 

towns from fixed obligations which might impose exceptional hardship, but it 

is expected that all such enterprises will conform to the fulle t extent possible 

with the requirements which would be otherwise obligatory upon them. 

2. In view of general increases in prices "·hich may or may not be justified 

:in specific instances by increased costs caused by compliance with the President's reemployment agreement, or with approYecl codes of fair competition, the 

Administrator for Indu trial RecoYery is hereby directed to cause to be conducted such inve.tigations as may be necessary to determine the extent to 

which manufacturers and producer have increased prices following, or in 

anticipation of, the approval of codes of fair competition, or after the signing 

C'f the President's reemployment agreement, and to set up adequate organizations for the handling of com11laints against such price increases and of local 

complaints against retail price increases alleged to be contrary to the requirements of codes of fair competition, or the President's reemployment agreement, 

or in conflict with the policy of the National Industrial Recovery Act. 

FUANKLIN D. ROOSEYELT. 

THE WHITE HousE, 

October 23, 1933. 

(32) 

0 

UN IVER S ITY OF FLORIDA 

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