Registry No. 611-1-0l 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

EXPLOSIVES INDUSTRY 

AS SUBMITTED ON SEPTEMBER 1, 1933 

WE DO OUR PART 

U ... DEPO:!rrCP-:Y L,..____...ll~~-""''"-".-,,., __ _ 

The Code for the Explosives Industry 

in its present f6rm merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein ,ar.e 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

CODE OF FAIR COMPETITION FOR EXPLOSIVES INDUSTRY 

ADOPTED AT INDUSTRY MEETING WALDORF-ASTORIA HOTEL, . NEW YORK, N.Y., JULY 29TH, 1933 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, during the period of the emergency, the following 

provisions are established as a code of fair competition for the 

Explosives Industry: 

ARTICLE I-1. DEFINITIONS 

(a) "National Industrial Recovery Act" means the ~ational Industrial Recovery Act approved by the President on June 16th, 1933. 

(b) "Act" means ~ ational Industrial Recovery Act. 

(c) "President " means the President of the United States of 

America. 

(d) "Administrator" means the duly appointed representative of 

the President to administer the Industrial Recovery Act. 

(e) "Secretary" means the person designated by the Managing 

Co1nmittee to act in that capacity for the Industry. 

(f) The term "Explosives Industry" as used herein is defined to 

mean manufacturers of high explosives, black powder, blasting 

caps, electric blasting caps, safety fuse, cordeau fuse, smokeless 

powder, nitrocellulose, and other products manufactured by the Explosives Industry, including the preparation of the semi-finished 

products. 

(g) "Persons" means natural persons, partnerships, associations, 

and corporations. 

(h) "Managing Committee" means the Committee described in 

Article III hereinafter. 

(i) The term "effective date" as used herein is defined to be the 

second Monday after the approval of this Code by the President of 

the United States. 

ARTICLE II-1. CANCELLATION OR MODIFICATION OF GOVERNMENT 

APPROVAL 

This Code and all the provisions thereof are expressly made subject 

to the right of the President, in accordance with the provision of 

Clause 10 (b) of the National Industrial Recovery Act, from time 

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

regulation, issued under Title I of said Act, and specifically to the 

right of the President to cancel or modify his approval of this Code 

or any conditions imposed by him upon his approval thereof. 

ARTICLE III-1. ADMINISTRATION-SUPERVISION-ENFORCEMENT 

Meetings of all the members of the Industry may be held from time 

to time for the purpose of considering and acting upon all matters 

pertaining to this Code or affecting the Industry. Such Industry 

9144-33 (1) 
2 

1neetings may be regularly called by the giving of a written notice 

to all members, signed by any three members of the Industry who 

have approved this Code, not less than five days in advance of the 

meeting, specifying the time and the place for holding the same. 

Voting at such meetings shall be limited to those who have signed 

or approved this Code, and each of such members shall be entitled to 

one vote. Not less than three fourths of all the members who have 

signed or approved this Code, provided this three fourths of such 

members shall during the last preceding year have sold three fourths 

of the value of the total sales of the Industry, shall constitute a 

quorum for the transaction of any business, except the election of a 

Chairman of any such meetings, who may be elected by a majority 

vote of those in attendance. In the event of an equal division upon 

any question, the Chairman shall cast the deciding vote. 

MANAGING COMMITTEE 

(a) To further effectuate the policies of the Act and to supervise 

and enforce the provisions of this Code, a Managing Committee consisting of seven members, including the Chairman, no two members 

of said Committee to be chosen from one company, shall be selected 

by a vote of not less than three fourths of the members who have 

t1igned this Code, provided this three fourths of such members shall 

during the last preceding year have sold three fourths of the value of 

the total sales of the Industry. 

(b) Increases and decreases in the number of the Managing Committee, the filling of vacancies therein, and the period for which any 

or all of said Committee shall serve, shall be determined in the same 

manner. 

(c) The Chairman of the Managing Committee shall cause reasonable notice to be sent to all members of said Committee for all 

meetings thereof, specifying the time and place for holding the same. 

Each member of the Committee shall be entitled to one vote, and a 

majority of the Committee will be necessary to constitute a quorum 

for the transaction of business. 

(d) The Managing Committee shall do the things specifically 

enumerated in this Code, and as may be required from time to time 

by the members of the Industry, and shall employ a Secretary and 

make such arrangements as may be necessary for the doing of such 

work. Also the Committee shall, with the approval of the members 

of the Industry, give its interpretation of and provide reasonable 

methods and regulations for the supervision and enforcement of all 

provisions of the within Code. 

(e) All such regulations for the supervision and enforcement of 

this Code shall be in addition to and not in lieu of any administrative 

or enforcement provisions included within said Act, Governmental 

Regulations concerning the same, or any amendments to said Act or 

Governmental Regulations. 

ARTICLE IV-HouRs OF LABOR, RATES oF PAY, AND OTHER 

CONDITIONS OF EMPLOYMENT 

SECTION 1. Hours of labor.-No person employed within the 

Industry, whether by one or more employers in the Industry, shall 

be permitted to work more than an average of forty (40) hours per 
3 

-week during any three-month period, nor more than forty-eight (48) _bours during any week; but such limitations shall not apply to-

(a) Any person employed in an executive, administrative, supervisory, or technical capacity. 

(b) Outside salesmen. 

(c) Any person employed as repairman, engineer, power and/or .steam plant employee, electrician, truck driver, cleaner, or watchman, but the maximum hours for any such employee shall be forty 

(40) per week, with a tolerance of ten percent. 

The maximum hours provided in this subparagraph (c) shall not 

apply to cases of emergency, provided that at the end of each calendar 

month any such employer in the Industry shall report to the Managing 

Committee in such detail as may be required by such Committee the 

number of man hours worked in such month for emergency reasons 

and the ratio which such emergency man hours bear to the total 

number of man hours during said month. 

SEc. 2.-Minimum Wages.-No employer in the Industry shall -pay to any accounting, clerical, office, service, or sales employee, 

less than $15.00 per week, in any city of more than 500,000 population, or in the immediate trade area of such city; not less than $14.50 

per week in any city of between 250,000 and 500,000 population, -or in the immediate trade area of such city; not less than $14.00 per 

week in any city of between 2,500 and 250,000 population, or in the 

immediate trade area of such city, and in towns of less than 2,500 

])Opulation to increase all wages by not less than twenty (20) percent, 

provided that this shall not require wages in excess of $12.00 per week. 

No employer in the industry shall employ any factory or mechanical 

worker, or artisan, at less than forty (40) cents per hour, unless the 

hourly rate for the same class of work on July 15th, 1929, was less 

than forty (40) cents per hour, in which latter case not to pay less 

than the hourly rate on July 15th, 1929, and in no event less than 

thirty (30) cents per hour, provided this shall not apply to learners 

during a six (6) weeks period of apprenticeship. 

The above rates of pay are guaranteed minimum rates of pay 

regardless of whether the employee is compensated on a basis of the 

time rate or on a piece-work performance. 

SEC. 3. Employee Organization and Bargaining.-(a) 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 activities for the purpose of collective bargaining ,or other mutual aid or protection; no employee and no one seeking 

employment shall be required as a condition of employment to join 

.any company union or to refrain from joining, organizing, or assisting 

-a labor organization of his own choosing; and employers shall comply 

with the maximum hours of labor, minimum rates of pay, and other 

conditions of employment, approved or prescribed by the President. 

(b) It is understood that the foregoing does not impair in any 

particular the constitutional rights of an employee and employer to 

bargain individually or collectively, as may be mutually satisfactory 

to both, and nothing in this Code shall prevent the selection, retention, or advancement of any employee on the basis of his individual 
4 

merit without regard to his affiliation with any labor or employee 

organization. 

ARTICLE V-MINORS 

On and after the effective date, employers in the Explosives 

Industry shall not employ any person under eighteen (18) years of 

age. 

ARTICLE VI-REPORTS 

V\"ith a view to keeping the President informed as to the functioning 

of this Code of Fair Con1petition, and whether the Indus ry is adopting and maintaining appropriate action to effectuate the declared 

policy of the Act, and to provide for making available to the Administration and members of the Industry, inforn1ation to assist in 

effectuating the policy of the Act, each men1ber of the Industry will 

furnish reports relative to hours of labor and wages as may be required 

by the Administrator or Managing Committee, duly certified when 

requested by the Managing Committee, and in such form and manner as may hereafter be provided by said Managing Committee. 

ARTICLE VII-EMPLOYEES, DIFFERENT INDUSTRIES 

If any employer in the Industry is also an employer in any other 

Industry, the provisions of this Code shall apply to and affect only 

that part of the business of such employer which is included in the 

Explosives Code. 

ARTICLE VIII-AMENDMENTS 

The foregoing provisions, particularly the limitations upon the 

hours of labor and wages, have been included in this Code, and by 

agreement have been put into effect before final approval of this Codein order to immediately cooperate with the Recovery Administration. 

Other provisions which may properly be included in a more complete 

Code of Fair Competition have been deferred so as not to delay the 

immediate operation of the within standards for the entire Industry. 

Consequently, to further effectuate operations of the Act, the members of the Industry may subsequently present to the Administration 

for approval, additions and/or amendments to this Code, which 

might relate to practices and principles of production and merchandising, collection and distribution of statistical data, conditions effecting 

the Industry, and other matters which may be appropriate in this 

Code of Fair Competition to avoid discrimination, to promote 

stabilization of the Industry, and prevent and eliminate unfair competitive practices and methods. Also, when any such additions or 

amendments hereto shall have been so submitted to, and duly approved by, the Administration they shall have the same force and 

effect as any of the provisions which have been included herein. 
5 

.Appr<,ved at a meeting of the industry on July 29th, 1933, by the 

following members of the industry: 

x .American Glycerine Co., Wihnington, Delaware. 

xx .American Powder Mills, Maynard, Massachusetts. 

x .Apache Powder Company, Benson, .Arizona. 

o .Atlas Powder Company, Wiln1ington, Delaware. x .Austin Powder Company, Cleveland, Ohio. 

xx C. E. Bedient, Cincinnati, Ohio. 

o Burton Explosives, Inc., Cleveland, Ohio. 

x California Cap Co., Oakland, California. 

x Coast Mfg. & Supply Co., Livermore, California. 

o Denn, J . .A., Powder Co., Portland, Oregon. 

o E. I. Du Pont De Nemours & Co ., Wilmington, Delaware. 

o Egyptian Powder Co., East .Alton, Illinois. 

o The Equitable Powder Mfg. Co., East .Alton, Illinois. 

o Eagle River Fuse Co., Eagle River, Michigan. 

o Ensign-Bickford Company, Simsbury, Connecticut. 

o General Explosives Co., Latrobe, Pennsylvania. 

o The Giant Powder Co. Con., San Francisco, California. 

o Hercules Powder Company, Wilmington, Delaware. 

x Hudson Torpedo Co., Okmulgee, Oklahoma. 

o Illinois Powder Mfg. Co., St. Louis, Missouri. 

x The Independent Eastern Torpedo Co., Findlay, Ohio. 

o The King Powder Company, Cincinnati, Ohio. 

o Liberty Powder Company, Pittsburgh, Pennsylvania. x Marietta Torpedo Co., Marietta, Ohio. 

x National Fuse & Powder Co., Denver, Colorado. 

o Pennsylvania Powder Co., Emporiun1, Pennsylvania. 

x Producers Torpedo Co., Marietta, Ohio. 

x Titan Powder Company, Portland, Oregon. 

o Trojan Powder Company, .Allentown, Pennsylvania. 

xx United States Powder Co., Terre Haute, Indiana. 

x West Coast Powder Company, Everett, Washington. 

o Western Powder Company, Peoria, Illinois. 

x Approval by telegram. xx Qualified approval by telegram. o Approval by representative in attendance at meeting. 

0 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II IIIIII II IIIII IIII I I 

3 1262 08584 7589