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Approved Code No. 168-Amendment No. 1 Registry No. 1034-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

REFRACTORIES INDUSTRY 

u 

AS APPROVED ON APRIL 28, 1934 

WE DO OUR PAftt 

UNITED STATES 

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Approved Code No. 168-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

REFRACTORIES INDUSTRY 

As Approved on April 28, 1934 

ORDER 

APPROVING AMENDMENTs TO CoDE oF FAIR CoMPETITION FOR THE 

REFRACTORIES 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 amendments 

to the Code of Fair Competition for the Refractories Industry, and 

hearings having been duly held thereon and the annexed report on 

said amendments, containing findings with respect thereto, having 

been made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority v~sted in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 

1933, and otherwise; do hereby incorporate, by reference, said annexed report and do find that said amendments and the Code as 

constituted after being amended comply in all respects with the 

pertinent provisions and will promote the policy and purposes of 

said Title of said Act, and do hereby order that said amendments 

be and they are hereby approved, and that the previous approval of 

said Code is hereby modified to include an approval of said Code in 

its entirety as amended. 

HuGH S. JoliNSON, 

Adm1Jnis,trator for, !~trial Reco11ery. 

Approval recommended: 

A. R. GLANCY, 

Division Ad1ninutrator, 

WASHINGTON, D. c .. , 

April 28, 1934. 

55816°----482-182----34 (1) 
REPORT TO TI-lE PRESIDENT 

The PRESIDENT, 

The W kite House. 

Sm: This is a r eport on the Proposed Amendments to the Code 

of Fair Competition for the Refractories Industry, as revised after 

a Public Hearing conducted in \Vashington on April 9, 1934, in 

accordance with Article XI, Section 4 of said Code as approved on 

December 18, 1933. 

The Amendments to Section B, Article IV provide that common 

labor shall not be employed more than an average of 36 hours per 

week in any 30 day -period instead of the 40 hours per week specified 

in the approved Code. 

Section C of Article IV of the approYed Code has been modified 

to provide an increase of 10% in the minimum wages for the Yariou 

districts specified and further provides for an equitable adjustment 

of wage rates for occupations other than those receiving the minimum wage rates specified and less than $35.00 per week (except that 

in the case of those members of t he Industry who as of March 1, 

1934 were paying higher than the minimum wages specified in th 

Code these rates shall at least maintain the difference in hourly and 

piece work rates for those occupations existing as of l\1arch 1, 1934). 

This does not, however, apply to clerical and office ·workers, nor to 

superl·isory or technical employees IYho may not exceed 10% of 

the total number of employees. 

FINDING 

The Acting Deputy Administrator in his final report to me on 

said Amendments to said Code having found as herein set forth and 

on the basis of all the proceedin!!s in this matter: 

I find that: 

(a) The Amendments 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 among trade groups, by inducing 

and maintaining united action of labor and managem-ent under 

adequate governmental sanction and supervision, by eliminating 

unfair competitive practices, by promoting the fullest possible utjlization 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 agri- · 

cultural products through increasing purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(2) 
3 

(b) The Code as amended complies in all respects with the pertinent proYi ion of said Title of said Act, in hiding without limi.t.ation 

Subsection (a) of Section 3, Subse tion (a) of Section 7 and 

Sub oction (b) of S ction 10 thereof. 

(c) The American Refractories Institute was an l is an indu trial 

a · ociation truly r presentative of the aforesai l Industry and that ·aid Institute impo. eel and impo es no inequitable restrictions on 

admi sion to member hip therein and has applied for or consents 

to the e Amendments. 

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

to and will not permit monopolie or monopolistic practice!?. 

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

to and will not eliminate or oppress small enterprises and will not 

operatp 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 Amendments. 

For the e reasons, these Amendments have been approved by me. 

Respectfully, 

APRIL 28, 1934. 

I-I UGH S. JOHNSON, 

Ad1nini8trator. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE REFRACTORIES INDUSTRY 

PURPOSE 

Pursu~;J.nt .. to Article XI, Section 4, of the Code of Fair Competition 

for the Refractories Industry, duly approved by the President on 

:becember 18, 1933, and further to effectuate the policies of Title I 

of the N ationa..I Industrial Recovery Act, the following amendments 

~reestablished as a part of said Code of Fair Competition and shall 

he binding upon every member of the Refractories Industry. 

ARTICLE IV-HoURs oF LABOR, RATES OF PAY, AND OTHER CoNDITIONS 

OF EMPLOYMENT 

SECTION B. Hours of Labor.-Second paragraph amended to read 

as follows: 

"No employer in the Industry sh.all a use or permit any employee 

engaged in common labor at minimum wage rates to work at an 

average of more than thirty-six (36) hours per week in any thirty 

(30) day period, nor cause or permit any other employee in the 

Industry to work at an average of more than forty ( 40) hours per 

week in any thirty (30) day period, nor either class of labor more 

than eight (8) hours in any one (1) day.'" 

Seventh paragraph amended to read as follows: 

" Nor shall these n1ax.lmum hours of labor apply to the following: 

" 1. Employees whose labor requires their presence prior to or 

after the regular hours of operations. 

"2. Employees engaged in continuous processes. 

"3. Employees engaged in work where limitation of hours of 

work per day may operate unfairly against the employee or may 

limit production and thereby deprive other employees of labor." 

Eighth paragraph amended to read as follows: 

" Those employees enumerated in items one to three, inclusive, of 

the preceding paragraph shall be limited to an average week of 

forty-eight ( 48) hours 1n any thirty (30) day period, and their number shall not exceed 10% of the total employees in any operating 

individual plant." 

Add as a new final paragraph the following: 

"In the case of those members of the Fire Clay Producers Division, operating open pit mines or quarries, in order to take care of 

the irregularity of employment due to inclement weather, all conditions of this Section B shall apply except that employees engaged in 

such open pit mines or quarries shall not be limited to a maximum 

day of eight (8) hours." 

(4) 
5 

SECTION C. W ages.-Fir t paragraph amend e l by striking out the 

rates per hour shown therein an l subrt ituting in lieu thereof the 

rates shown below : 

Cents District No. 1: Maryla nd, New J ersey, Tew York , a nd New Engla nd 

States, and PennsylYania with the ex ception of Pittsburgh and Salina __ 3 liz 

District No. 2: Pittsburgh and Sa lina , Pa. and Niles, Ohio___________ ___ 44 

District No. 3: West Virginia, Ohio, and K entucky, with ex ception of 

Niles, Cincinnati, and P ortsmouth, Ohio, and A bland and Louis;-ille, 

KY------ --- ----- ---- -- -- --- ----- ----------- --~-- -- -- ------ --- -- -- 35lh 

District No. 4: Cities of Cincinna ti and Portsmou th, Ohio, a nd Ashland 

and Louisville, Ky______ ____ __ _________ ___ __ __________ __ __ ______ ____ 38¥2 

District No. 5: Alabama, Georgia , Tenness ee, South Car olina, North Car olina, Florida, Louisiana, and Mississippi__ ____ _____ _____ ________ ____ 271h 

District No. 6: East Chicago, Indiana , and J oliet, Illinois _________ _____ 41 

District No. 7: Indiana and Illinoi ·, except the cities of E a. t Chicago, Indiana and Joliet, IlL_______ __ __ __ __ ___ ___ __ ______ ______ ________ __ 381h 

District No. 8 : Missomi D istrict, other than St. Louis a nd St. Louis 

County_________ ________ ___________ ______ __ __ __ __ ____ ____ __ ___ _____ 35.1h 

St. Louis and St. Louis County--------------------------- ----- 381/z 

District No. 9: Texas and Arkan a s ____ _____________ ___ __ ____ _____ ___ 27l!z 

District No. 10: Colorado, Utah, Montana and ·wyoming_____________ __ 381h 

District No. 11: California, Washington and Ida h o___ _______ ______ __ __ 381h 

Any other places not specifi cally cover ed_ ___ ____ ______ __________ ______ 38lh 

Seventh paragraph amended to read as follows : 

"Wage rates :for occupations other than those receiving a minimum wage herein described and less than $35.00 per week shall at 

least 1naintain the difference in hourly and piece work rates for those 

occupations existing as of June 1, 1933, and in every case such r ates 

shall be increased by an am.ount not less than 10 % of the minimum 

base rates in effect March 1, 1934, (except in the case of those members of the Industry who as of :March 1, 1934, were paying higher 

than the minimum code vyages, such rates shall at least maintain the 

difference in hourly and piece work rates for those occupations existing as of March 1, 1934). This shall not apply to clerical and 

office workers, nor to supervisory or technical "\Yorl ers, such supervisory or technical employees not to exceed 10% of the total." 

EFFECTIVE DATE 

These Amendments shall become effective on May 1, 1934. 

Approved Code No. 168. Amendment No. 1. 

Registry No. 1034-1-01. 

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