/'3,/1/21/ ( 

I 

1484-F Registry No. 1702-2-01 

NATIONAL RECOVERY All~INISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

ADVERTISING SPECIALTY 

MANUFACTURING INDUSTRY 

. 

n- --

AS APPROVED ON OCTOBER 31, 1933 

BY 

PRESIDENT ROOSEVELT 

WI DO OUR PART 

u - ---- ' ,. ~, . 

L Executive Order 

2. Letter of Transmittal 

s.· Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON 1 1933 

( 

For sale by the Superintendent of Documents, Washin"ton, n.c. - • • - - - - - Price 5 cenC. 

✓ 
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, Mass.: 1801 Custoruhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Dettoit, l\lich.: 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, l\lo.: 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 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 Fed_er:al Building. 

(U) 
EXECUTIVE ORDER 

CODE OF F .AIR COMPETITION ADVERTISING SPECIALTY 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 my approval of a Code 

of Fair Competition for the Advertising Specialty 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 reco1mnendations and findings with 

respect thereto, and the Administrator having found that 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, pursuan\ 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 is hereby approved, subject to the following 

conditions: 

( 1) As to all employees engaged in printing operations, the wage 

and hour provisions of this code shall be superseded by the wage 

and hour provisions of the Code of Fair Competition for the Printing Industry when the latter code becomes effective after approval 

byme. 

(2) To effectuate -further the policies of the act, an advertising 

specialty industry committee be created to cooperate with the Administrator as a planning and fair practice agency for the advertising specialty industry, which committee shall consist of five representatives of the advertising specialty industry elected by a fair 

method of selection, to be approved by the Administrator, and three 

members without vote appointed by the Administrator. 

THE WHITE HousE, 

October 31, 1933. 

Approval recommended: 

II UGH s. JOHNSON' 

Administrator. 

18573·-188-1-07-33 

FRANKLIN D. ROOSEVELT. 

cm) 
OCTOBER 23, 1933. 

THE PRESIDENT, 

The White House. 

Sm: .A Public Hearing on the Code of Fair Competition for the 

.Advertising Specialty Manufacturing Industry in the United States, 

submitted by the .Advertising Specialty National .Association, Chicago, Illinois, was conducted in Washington on the 30th of .August, 

1933, in accordance with the provisions of the National Industrial 

Recovery Act. The Association claims to represent 72 percent of 

the industry. 

PROVISIONS OF THIS CODE AS TO Hnrras AND vV AGES 

III. HOURS 

(1) The maximum hours of employment shall be forty ( 40) per 

week, except that owing to the seasonal nature of this industry it is 

permitted that employees may, by permission of the Executive Committee of the Gode and with the approval of the .Administrator, be 

em ployed during seasonal rush periods forty-eight ( 48) hours per 

week, provided that the rate of wages for all hours in excess of forty 

( 40) per week shall be at least one and one third times the established rate for 40 hours, and further provided that such employees 

shall not be permitted to work more than 520 hours during ·any 

period of thirteen ( 13) consecutive weeks. 

(2) Maximum hours as provided above shall not apply to any 

employee in a managerial or executive capacity who now receives 

thirt;Y-five dollars ($35.00) per week or more. 

(3) No employee, except those hereinabove specifically exempted, 

who, during any one week period has worked for remuneration for 

the space of forty (40) hours, shall be employed to work during 

the same period or periods of time by any member of this industry. 

IV. WAGES 

(a) The minimum wage that shall be paid by any employer in the 

.Advertising Specialty Manufacturing Industry to any employee 

shall be thirty-five cents (35¢) per hour or fourteen dollars ($14.00) 

per week for male employees, and thirty cents (30¢) per hour or 

twelve dollars ($12.00) per week for female employees, each for 

forty ( 40) hours of labor. The above wages are to be paid regardless of whether the employee is compensated on the basis of a time 

rate or a piece work performance. 

(b) Female employees performing the same type of work as 

male employees shall receive the same wage per hour as paid to 

male employees. 

(IV) 
V 

( c) Apprentices and learners having no 'previous experience or 

employment in this industry shall, during the six-weeks' learning 

period, receive not less than 80 percent of the minimum rates prescribed above for forty ( 40) hours of labor per week. At no time 

shall the number of apprentices or learners exceed eight percent 

(8%) of the total number of employees in any single unit of the 

industry. 

( d) On and after the effective date, no manufacturer shall permit 

any work to be done in the homes of workers, all work being done 

inside the factory. 

( e) It is the policy of the members of this industry to refrain 

from reducing the compensation for employment which compensation was prior to June 16, 1933, in excess of the minimum wage 

herein set forth, notwithstanding that the hours of work in such 

employment may be reduced; and all members of this industry shall 

endeavor to increase the pay of all employees in excess of the minimum wage, as herein set forth, by an equitable adjustment of all pay 

schedules proportionate to the increase in compensation as determined by the minimum wage herein provided; Provided, however, 

that where a State law provides a higher minimum wage, no person 

employed within that State shall be paid a wage lower than that 

required by such State law. 

V. CHILD LABOR 

No person under the age 0£ sixteen years shall be employed in this 

industry; Provided, however, that where a State law provides a 

higher minimum age no person below the age specified by such State 

law shall be employed within that State. 

ECONOMIC EFFECT OF THE CODE 

There are approximately 300 advertising specialty manufacturers 

0£ which 47 do the bulk of the business and employ approximately 

one third 0£ the 7,000 employees in the industry. 

A sample analysis of the work week 0£ the 43 companies under 

consideration (May 1933) showed an average number of hours 

worked per week of 40. All companies being considered from which 

reports could be obtained showed the much higher average of 48 

hours per week per employee. 

The industry in general now reports that they are working employees 40 hours per week as a result of the Reemployment Program 

and it is estimated that there has been an increase in employment 

9£ approximately 15 percent. It is probable that no immediate increase in employment will be effected but it is estimated that there 

will be an increase 0£ about 20 percent in the total payrolls. 

FINDINGS 

The Administrator finds that: 

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

pertinent provisions of Title I of the Act, including without limitation, subsection (a) 0£ Section 7, and subsection (b) of Section 10 

thereof; and that 
VI 

(b) The Advertising Specialty National Association, the applicant 

group herein, imposes no inequitable restrictions on admission to 

membership and is truly representative of the Advertising Specialty 

Manufacturing Industry; and that 

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

to discriminate against them, and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be inm1ediately 

adopted. 

Respectfully, 

HUGH s. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE ADVERTISING 

SPECIALTY MANUFACTURING INDUSTRY 

I. PURPOSES 

To effectuate the policy of Title I of the National Industrial Recovery Act by reducing unemployment, improving the standards of 

labor, establishing a reduction in working hours, eliminating practices inimical to the interests of the public, employers and employees, 

removing from this Industry any existing obstructions to the free 

flow of interstate and foreign commerce-and thereby increasing the 

consumption of industrial and agricultural products by increasing 

purchasing power, to bring wages paid in the industry to such levels 

as are necessary for the highes_t standards of living attainable, to 

revise wage scales from time fo time, to reflect changes in living 

costs, to restore to the members of this industry their income on a 

level which makes possible the ,payment of such wages, and to promote the general welfare, the fallowing provisions are established 

as a Code of Fair Competition for the Advertising Specialty 

Industry. 

II. DEFINITIONS 

(a) The Advertising Specialty Manufacturing Industry as used 

herein is defined to mean the manufacture of articles of utility, ornament, or beauty, bearing the advertising imprint of a firm, corporation, bank, or individual, or designed for distribution as good-will, 

reminder, or novelty advertising. 

(b) The term "manufacture" as used herein is defined to mean 

not only the manufacture of parts, but the assembling of such parts 

into the finished article, and also the imprinting of an advertisement 

on such article. Any firm, partnership, corporation, or individual 

engaged in any or all of the above mentioned activities as a staple 

line shall be considered a "manufacturer" in the Advertising Specialty :Manufacturing Industry. 

( c) The term "employees" as used herein shall include all persons employed in any phase of the manufacture, assembly, or imprinting of advertising specialties, or in the operation and maintenance of plants, and all persons employed in office work connected 

with the business. 

( d) The term "association" as used herein shall be understood to 

mean the Advertising Specialty National Association, or any trade 

association that may be organized as successor thereto. 

( e) The term "member or members" as used herein shall be defined as any person, partnership, association, or corporation engaged 

in the manufacture of advertising specialties, who engage in their 

business any employees as defined above. 

(1) 
2 

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

second Monday after this Code shall have been approved by the 

President. 

III. HOURS 

(1) The maximum hours of employment shall be forty (40) per 

week, except that owing to the seasonal nature of this industry it is 

permitted that employees may, by permission of the Executive Committee of the Code and with the approval of the Administrator, be 

employed during seasonal rush periods forty-eight ( 48) hours per 

week, provided that the rate of wages for all hours in excess of 

forty ( 40) per week shall be at least one and one third times the 

established rate for 40 hours, and further provided that such employees shall not be permitted to work more than 520 hours during 

any period of thirteen (13) consecutive weeks. 

(2) Maximun1 hours as provided above shall not apply to any 

employee in a managerial or executive capacity who now receives 

thirty-five dollars ($35.00) per week or more. 

( 3) No employee, except those hereinabove specifically exempted, 

who, during any one week period has worked for remuneration for 

the space of forty ( 40) hours, shall be employed to work during the 

same period or periods of time by any member of this industry. 

(a) The minimum wage that shall be paid by any employer in 

the Adver~ising Specialty Manufacturing Industry to any employee 

shall be thirty-five cBnts (35¢) per hour or fourteen dollars ($14.00) 

per week for male employees, and thirty cents (30¢) per hour or 

twelve dollars ($12.00) per week for female employees, each for 

forty ( 40) hours of labor. The above wages are to be paid regardless 

of whether the employee is compensated on the basis of a time rate 

or a piece work performance. 

(b) Female employees performing the same type of work as male 

employees shall receive the same wage per hour as paid to male 

employees. 

( c) Apprentices and learners having no previous experience or 

employment in this industry shall, during the six-weeks' learning 

period, receive not less than 80 percent of the minimum rates prescribed above for forty ( 40) hours of labor per week. At no time 

shall the number of apprentices or learners exceed eight percent 

(8%) of the total number of employees in any single unit of the 

industry. 

(d) On and after the effective date, no manufacturer shall permit 

any work to be done in the homes of workers, all work being done 

inside the factory. 

( e) It is the policy of the members of this industry to refrain from 

reducing the compensation for employment, which compensation was 

prior to June 16, 1933, in excess of the minimum wage herein set 

forth, notwithstanding that the hours of work in such employment 

may be reduced; and all members of this industry shall endeavor to 

increase the pay of all employees in excess of the minimum wage,\ as 

herein set forth, by an equitable adjustment of all pay schedules 
3 

proportionate to the increase in compensation as determined by the 

minimum wage herein provided; Provided, however, that where 

a State law provides a higher minimum wage, no person employed 

within that State shall be paid a wage lower than that required by 

such State law. 

v.. CHILD LABOR 

No person under the age of sixteen years shall be employed in this 

industry; Provided, however, that where a Sta~e law provides a 

hi o·her minimum age no person below the age specified by such State 

la~ shall be employed within that State. 

VI. PARTICIPATION 

(a) Any member of the Advertising Specialty Industry is eligible 

for membership in the Advertising Specialty National Association 

and is entitled to all the benefits thereof, upon the acceptance by 

such member of a reasonal;>le share of the cost and responsibility of 

the Code development and administration. No inequitable restrictions on admission to membership shall be imposed by the said Advertising Specialty National Association or any association ·or group 

who are members of the Advertising Specialty Manufacturing 

Industry. 

VII. ADMINISTRATION 

(a) To effectuate further the policies of the Act, an Advertising 

Specialty :Manufacturing Industry Committee is hereby designated 

to cooperate with the Administrator as a Planning and Fair Practice 

Agency for the Advertising Specialty Manufacturing -Industry. 

This Committee shall consist of five representatives of the Advertising Specialty Manufacturing Industry elected by a fair method of 

selection, to be approved by the Administrator, and, at his discretion, not more than three members without vote appointed by the 

President of the United States. Such agency may from time to time 

present to the Administrator recommendaj,ions based on conditions 

in their industry as they may develop which will tend to eff ectnate 

the operation of the provisions of this Code and the policy of the 

National Industrial Recovery Act. 

(b) The Code Authority shall have the following duties anr1 powers to the extent permitted by this Code and subject to review by the 

Administrator. 

(1) To receive duly certified returns every four weeks showing 

actual hours worked by employees and 

(2) Reports as to minimum weekly wages, and 

(3) Such other reports as may be deemed necessary by the Executive Committee, subject to the approval of the Administrator, for 

the effective administration of this Code. 

(4) Recommendations for setting up a service Bureau for engineering, accounting, credit and/or other purposes to aid all persons 

engaged in the Industry in meeting the requirements of this Code. 

( 5) Recommendations for requirements by the Administrator as 

to fair practices by persons engaged in the Advertising Specialty 
4 

Industry, in respect to methods and conditions for marketing their 

products. 

(6) Recommendations for regulation of competitive bidding on 

special orders1 defined to mean orders other than those offered in 

the r egular hnes issued by persons engaged in the Advertising 

Specialty Industry. 

(7) Recommendations for dealing with any inequalities that may 

otherwise arise to endanger the stability of the Industry, and of 

production and employment. 

Except as otherwise provided in the National Industrial Recovery Act all statistics, data and information filed in accordance with 

the provisions of Article III shall be confidential, and the statistics, 

data and other information of one employer shall not be revealed 

to any other employer except that for the purpose of administering 

or enforcing the provisions of this Code the Executive Committee 

of the Advertising Specialty Manufacturing Industry shall have 

access to any and all statistics, data, and information that may be 

furnished in accordance with these provisions. 

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. 

VIII. UNFAIR TRADE PRACTICES 

The following shall be considered unfair trade practices for this 

Industry: 

(a) It shall be an unfair practice to dispose of out-of-date or 

distress products, commonly known as last editions or job lots, in 

such a way as to affect adversely the soundness and stability of the 

Industry. 

(b) It shall be an unfair trade practice to pirate original designs, 

drawings, sketches, dummies, or copy of any product that has been 

submitted to a prospective customer by a competitor. 

( c) Price discrimination as between two or more buyers of the 

same quantity of the same article shall be unfair practice. 

(d) It shall be an unfair trade practice for any member to sell 

any product at a price below his individual cost of production. 

IX. GENERAL 

SECTION 1. (a) Employees shall have the right to organize and 

bargain collectively through representatives of their own choosing, 

and shall be free from 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; 

(b) 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 

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

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 
5 

SEC. 2. (a) This Code and all the provisions thereof are expressly 

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

provision 0£ Sub-section (b) of Section 10 of the ational Industrial 

Recovery Act, from time to time to cancel or modify any order, approval, license, rule or regulation issued under Title I 0£ 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 

imposed by him upon his approval thereof. 

(b) Such of the provisions o:f this Code as are not required to 

be included therein by the National Industrial Recovery Act may, 

with the approval of the President, be modified or eliminated as 

changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code 

or additional Codes will be submitted for the approval o:f the President to prevent unfair competition and other unfair and destructive competitive practices and to effectuate the other purposes and 

policies of Title I of the National Industrial Recovery Act. 

( c) Any member of this industry who, prior to June 16, 1933, contracted to buy or sell any goods, wares, or merchandise at a price 

fixed as of the date of said contract, for future delivery, shall 

make a bona fide effort to arrive at an equitable adjustment on the 

price thereof as fixed by said contract, to meet any proper increase 

in the cost of such goods, wares, or merchandise imposed by virtue 

of any provision of the National Industrial Recovery Act; and in 

the event such effort fails to result in a mutually satisfactory adjustment, either party to said contract may refer the same for adjustment to the Planning and Fair Practice Agency of the Industry, 

which said Agency with the aid and assistance of the Administrator 

or his properly designated agent or agents, shall endeavor to arrive 

at an equitable adjustment thereof. 

(d) Within each State members of the Advertising Specialty 

Manufacturing Industry shall comply with any laws of such State 

imposing more stringent requirements regulating the age of employees, wages, hours of work, or health, fire, or general working 

conditions, than under this Code. 

0 
11111111111rn~[ijJm111 ~r,im 1111 111111 

3 1262 08338 098 9