Registry No. 1399-18 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BUFF AND POLISHING 

WHEEL INDUSTRY 

AS APPROVED ON NOVEMBER 4, 1933 

BY 

PRESIDENT ROOSEVELT 

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~-- 1. Executive Order 

2. Letter of Transmittal 

3. Code \ 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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For sa~ by the Superintendent or Documents, Washington, D.C. - - - - - - - - Price 5 cents 

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Printing Office, Washington, D.C., and by district offices of the Bureau of 

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(II) 
EXECUTIVE ORDER 

CoDE OF FAIR Col\IPETITION FOR THE BuFF AND PoLISHING \V HEEL 

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 Buff and Polishing Wheel 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 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 sub-section (a) of section 3 of the said act 

rut ve been met : 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant 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 and recommendations, 

and findings of the Administrator and do order that the said code of 

fair competition be, and it is hereby, approved, except that section 

(n) 01: article VII must be eliminated. 

The WHITE HousE, 

November 4, 1933. 

FRANKLIN D. ROOSEVELT. 

Approval recommended : 

HUGH s. JOHNSON, 

Administrator. 

(Ill) 

19480°-188--158-33 
NOVEMBER 2, 1933. 

The PRESIDENT, 

The White House. 

Sm: This is a re~_rt on the Code of Fair Competition for the 

Buff and Polishing Wheel Industry in the United States, the hearing having been conducted in Washington on October 18, 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

PROVISIONS FOR HOURS AND LABOR 

The maximum of 40 hours a week and 8 hours a day is provided 

for factory employees, except during emergency periods when the 

maximum may be 48 hours per week for 6 weeks in any 6 months' 

period, provided that the average will not exceed 40 hours per week. 

Time and a third is paid for overtime. Employees engaged in 

preparation, care, and maintenance, in delivery work, and nonproducing supervisors will have a tolerance of 10 percent above the 

40-hour maximum, provided that their average time is not more 

than 44 hours per week average in any 2-month period. Time and 

a. third will also be paid to these employees for overtime. 

The limitations in hours will not apply to persons in a managerial 

or executive capacity who receive more than $35 per week; nor to 

traveling salesmen or watchmen, the latter limited to 48 hours weekly. 

There will be no difference in the rates to male and female employees, 

whether they are on a time or piece-work basis. Accounting, clerical, service, sales, or other office employees will not be required to 

work more than 40 hours a week averaged over any 2-month period, 

nor more than 48 hours in any one week. 

The minimum wage to factory workers will be 40 cents per hour. 

Exceptions to this rate apply to employees engaged in light and 

repetitive work, who will receive a minimum of 321⁄2 cents per hour, 

and to learners, who will receive no less than 80 percent of this 

minimum. Office employees will receive no less than $15 per week, 

except for office boys-and girls, who will receive no less than 80 

percent of this minimum. 

CHILD LABOR 

The minimum age of employees will be 16 years; except in haz- ardous occupations where the minimum will be 18 years. 

ECONOMIC EFFECT OF CODE 

The 40-hour normal week for factory employees, with the additional pay for overtime, should tend to level employment peaks in 

this industry, and materially increase the number of workers as soon 

as business conditions improve in the capital goods indu tries. 

{IV) 
V 

The working hours of this industry have been from 48 to 55 hours 

with 50 as a fair average. The minimum wage rates have been from 

18 to 25 cents, with 20 cents as a fair average. The increase in pay 

roll, as a result of the labor provisions, will be approximately 25 

percent. 

The products of the Buff and Polishing "\Vheel Industry are used 

for wiping, cleaning, and oiling; and, in connection with abrasives, 

for .finishing surfaces) chiefly of metals. The buffs and wheels are 

made from cotton materials and are a superior product requiring a 

large percentage of skilled workers. There are 23 concerns in the 

industry, with a total volume of business of $1,050,000 in 1932, 73 

percent less than in 1929 ($3,900,000), and only 25 percent of produc· 

tion capacity ($4,150,000). Employment has dropped 27 percent 

since 1929. 

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) of section 7 and subsection (b) of section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of tho 

Buff and Polishing Wheel 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 1.hem, and will tend to effectuate the 

policy of title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this code be approved, except 

that section ( n) of article VII be eliminated. 

Respectfully, 

HUGH S. JOHNSON, 

Adrninistratm·. 

CODE OF FAIR COMPETITION FOR THE BUFF AND 

POLISHING WHEEL INDUSTRY 

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 Buff and Polishing Wheel Industry, and 

upon approval of the President shall be the standard of fair competition for this Industry. 

ARTICLE II-DEFI:NITIONS 

The term "Industry" as used herein includes the manufacture of 

buff and polishing wheels which are defined as those used for wiping, cleaning, or oiling and in connection with abrasives for the 

purposes of producing finished surfaces on metals or other 

materials. 

The term "..Association" as used herein means the Buff and Polishing "'\Vheel Manufacturers Association. 

The term " Employee " as used herein includes anyone engaged 

in any phase of the industry in any capacity in the nature of employee irrespective of the method of payment of his compensation. 

The term "Employer" as used herein includes anyone for whose 

benefit such an employee is so engaged. 

The term "Member of the Industry" includes any manufacturer 

who shall be subject to this Code. 

The term "Administrator" as used herein means the Arlministrator of Title I of the National Industrial Recovery Act. 

The term "Effective Date" as used herein shall be the date upon 

which this Code shall have the approval of the President of the 

United States. 

ARTICLE III-HoURs 

(a) Factory employees, mechanical workers, and artisans in the 

Industry, except as hereinafter provided, shall not be employed 

in excess of 40 hours per week, nor more than 8 hours in any one 

day; provided, however, that during any period of emergency, an 

employee of such classes may be permitted to work up to but not 

more than 48 hours per week in six (6) weeks of any 6-month period; 

provided, however, that the average over this period shall not exceed 

40 hours per week. Employees in this category for hours worked 

in excess of 40 hours per week or eight (8) hours per day shall be 

paid at the rate of one and one third times the regular rates. 

(b) There shall be a tolerance of 10 percent additional hours over 

the above 40 hours for employees engaged in the preparation, care, 

and maintenance of plant, machinery, and production facilities, stock 

(1) 
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and . hippino- clerk l frver r m1 loye and nonproducjng upervi ors· proYi lecl that uch tolerance shall not re ult in such employee ' working in e:s:ce of an av rage of 44 hour per week over 

any 2-month p riocl. Employee li tel in thj• paragraph (b) for 

hour worked in exc of 40 hour per e k or hours per day 

shall be paid at the rate of one and one third tim s the regular rate 

herein pro,·ided. 

(c) The limitation a to hour of lab r hall not apply to per ons 

in a managerial or e:s:ecutiYe capacity \\'ho receive more than 3.".00 

per week· nor to comm rcial traveling ale men; nor to watchmen, 

who hall be limited to a work week not to exceed 48 hour . ( d) No accounting clerical, er ice, ale , or other office err ployees 

shall work more than 40 hour~ per week on a 2-month average, nor 

more than 4 hour in any one week. 

(e) No employee shall work or be permitted to work for a total 

number of hour in exce s of the number of hours pre cribed for 

each day and week, whether employed by one or more employer . 

ARTICLE IV-W .AGES 

(a) The minimum wage that shall be paid to any employee in 

this indu try shall be 40 cents per hour, with the following exceptions: 

(1) Employees engaged in light and repetiti e work, who shall 

be paid at the rate of not less than 321⁄2 cents per hour. 

(2) Learners, who for a period not to exceed 10 weeks may be 

employed at not less than 80% of the minimum wage, such learners 

to constitute not more than 10% of the total of employees nor more 

than 10 employees in any one plant. 

(3) Watchmen, who shall be paid not less than the minimum 

weekly wage of $13.00 for a work week not to exceed 48 hours. 

(b) All employees mentioned in paragraph ( d) of Article III 

shall be paid at the rate of not less than fifteen dollars ($15.00) 

per week. 

(c) No employees of the classes mentioned in paragraph (d) of 

Article III now receiving compensation at a rate in excess of the 

minimum provided in paragraph (b) of this Article IV, next above, 

shall have their compensation reduced on account of any reduction 

in the weekly hours of employment to conform with the requirements 

of paragraph ( d) of Article III. 

( d) The minimum wage that shall be paid to office boys and girls 

and messengers, by any member of this Industry shall be not less 

than 80% of the minimum wage stipulated in paragraph (b) of this 

Article IV. Office boys and girls, and messengers shall constitute. 

not more than 10% of the total number of employees of any employer, nor more than 5 such employees in one plant. 

( e) Where employees' earnings on piecework, divided by the 

number of hours worked, produce a result under the minimum wage 

stipulated in paragraph (a) of this Article IV, such earnings shall 

be so adjusted as to conform with the aforesaid minimum wage. 

( f) The differences in hourly rates for all operations shall be 

equitably readjusted and in no case shall they be decrea ed. Each 

member of the Industry shall report all such readjustments made 
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since 1\1:ay 1, 1933 to the Code Authority within 30 days of the 

effective date. 

(g) No distinction in rates shall be made between male and female 

employees where sub tantially the same class of work is performed, 

regardle~s of whether compensation i calculated on an hourly, 

weekly, monthly, or piecework basis. ,vherever they displace men 

on any operation, women are to be paid at the same rate as the men 

who were displaced. 

(h) There shall be no ev~sion of this Code by any employer in 

the Industry by reclassification of the functions of employees. An 

employee shall not be included in one of the classifications exempted 

from the provisions of this Code unless the identical functions were 

identically classified on June 16, 1933. 

(i) No person who has worked as a learner for one member for 

the period of time prescribed under the term "learner " in Article II 

may thereafter be classified as a learner. 

(j) Nothing in this Article IV shall apply to or affect any outside 

salesmen compensated on a commission basis. 

ARTICLE V-CHILD LABOR 

No person under the age of 16 years shall be employed in the 

Industry and no one under the age of 18 years shall be employed 

in hazardous work. 

ARTICLE VI-ADMINISTRATION 

1. To further effectuate the policies of the National Industrial 

Recovery Act, a Code Authority is hereby set up to cooperate with the 

Administrator in the administration of this Code. 

(a) The Code Authority shall consist of the Executive Committee 

of the Buff and Polishing Wheel Manufacturers Association, two 

representatives who may be elected by the non-members of the above 

association in a way satisfactory to the Administrator, if they so 

desire, and not more than three representatives who may be appointed 

by the President if he so desires to represent the National Recovery 

Administration, who shall act in an advisory capacity and shall have 

no vote. The Code Authority shall complete their own organization 

bv the election of officers. ~ (b) Any member of the Industry is eligible for membership in 

the Code and there shall be no inequitable restrictions on such membership. Any such member may participate in the preparation and 

any revision of and additions or supplements to this Code by paying 

the proper pro rata share of the cost and responsibility of creating 

and administering it, either by becoming a member of the Association or by paying his proper share of the costs to the Code Authority. 

( c) In order that the Code Authority shall at all times be truly 

representatiYe of the Industry and in other respects comply with the 

provisions of the Act, the Administrator may provide such hearings 

as he may deem proper; and thereafter if he shall find that the Code 

Authority is not truly representative or does not in other re pects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 
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2. The Code Authority shall have the follo,wing duties and powers 

to the extent permitted by the ct and subject to review by the 

Admini trator: 

(a) To collect from members of the Industry all data reports, and 

stati tics "\\hen and as required by the President and/ or the Administrator and/ or their agents and/ or the Code Authority. Such information shall be held confidential by the Code Autho.rity. Each such 

member shall send his data signed by an officer partner or owner of 

such member to the agent of the Code Authority. This agent shall 

as emble all such data and present to the Code Authority only the 

combined totals. Each such member shall retain copies of his own 

data to be sent direct by him to the Administrator, if required by the 

latter. Reports submitted by the Code Authority to the President 

and/ or the Administrator shall be in the form prescribed and/ or 

approved by him. 

(b) To represent the Industry in conferring with the President 

or his agents with respect to the administration of this Code and in 

respect to the Act and any regulation issued thereunder. 

( c) To hear and investigate complaints and attempt to adjust the 

same in accordance with law. 

( d) To coordinate the administration of this Code with such Codes, 

if any as may be adopted by any subdivision of this Industry, or any 

related Industry with a view to providing joint and harmonious 

action on all matters of common interest, all with the approval of 

the Administrator. 

( e) To study the trade-practice provisions of Article VII and the 

operation thereof and make recommendations from time to time to 

the Administrator which it deems desirable for modification or addition thereto, which, upon the approval of the President or the Administrator, after such hearing as he may prescribe, shall become a 

part of this Code and have full force and effect as provisions hereof. 

(f) To make rules and regulations necessary for the administration of this Code, subject to the right of any affected person to appeal 

to the Administrator. 

(g) 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 

for the purpose recited in Section III (a) of the Act. 

ARTICLE VII-UNFAIR TRADE PR,WTICES 

For all purposes of this Code the following acts shall constitute 

unfair practices and each such act shall be a violation of this Code. 

(a) Making or promising to any purchaser or prospective purchaser of any product, or to any officer, employee agent or representative of any such purchaser or prospectiYe purchaser any bribe 

gratuity gift, or other payment or remuneration, directly or 

indirectly. 

(b) Procuring otherwise than with the consent of a member_ of 

the Industry, any secret or confidentiai information concerning the 

business of such member. 

( c) Disseminating, publishing, or circulating any false or misleading information relative to any product, or price for any product, 

of any member of the Industry, or the credit standing or ability of 
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any member thereof to perform any work or manufacture or produce 

any product in the Industry or io the con<l.ition of employment 

among the employees of any meml er thereof. 

( d) Payment or allowjng to auy purchaser in connection with the 

sale of any product any rebate commission credit discount, or 

similar concession other than i permitted by the Code and specified 

in the order or contract of sale. 

( e) Inducing or attempting to induce by any means any party 

to a contract with another member of the Indu try operating under 

this Code to violate such contract. 

(f) Aiding or abetting any member of the Indu try in any unfair 

practice in the Industry. 

(g) :Making or giving to any purchaser of any product of the 

Industry any guarantee or protection in any form against decline in 

the market price of such product. 

(h) }\faking any sale or contract of sale of any product of the 

Indu tr:v under any misleading or false description. 

(i) :Making excessive allowances or adjustments to a customer for 

alleged defective merchandise or alleged shortages. 

(j) Improperly dating any invoices. 

(k) faking of more favorable terms of payment than the standard 

terms adopted by the industry which are 30 days net, 1 % for cash if 

paid within 10 days. These terms may be extended to 1 % on the 25th 

of the month on invoices dated from the first to the fifteenth of the 

month and 1 % on the 10th proximo £or in-voices dated from the 16th 

to the end of the month. 

(1) ifaking contracts or accepting firm orders for a tern1 exceeding 

three months from the beginning of the month next following the 

date of contract or contracts for other than a definitely tated quantity plus or minus 10%; or making contracts or accepting firm orders 

which do not contain the following clause which is a part of the 

standard contract as adopted by the industry: 

"Prices on any undelivered portion of this contract ~re subject to 

increa es or decreases due to federal legislation affecting the :-ellers 

cost and delivery may be modified to the extent necessitated by any 

such governmental actions or legislation or strikes or labor troubles 

or conditions over which we have no control.' 

(m) Extending any contract beyond its date of maturity. 

(n) o member of the industry shall sell to its own jobbers or 

distributors for resale until such jobbers or distributors ha-ve agreed 

to maintain the manufacturer's published prices as de cribed in 

Article IX. · 

( o) Failure to use quantity differentials which may be adopted by 

each member of the industry, and filed with the Code Authority. 

ARTICLE VIII-INDUSTRY REGULATIONS 

Every manufacturer shall use an accounting and cost finding 

sy tern which conforms to the principles of and is at least as detailed 

and complete a the uniform and standard method formulated or 

approved by the Code Authority subject to the appro,al of the Administrator. Simplified Practice Recommendation R-115-30 of the 

Bureau of Standard , Department of Commerce covering yardage 
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tables for standard forms of 20-ply full disc buffing wheel sections 

shall be used as a basis of .figuring costs, subject to the approval of 

the Administrator. 

No manufacturer shall sell or exchange any product of his manufacture at a price that will result in the customer paying for the 

goods received less than the cost to the seller, such costs to be 

determined in accordance with the uniform and standard method 

hereinabove prescribed. 

ARTICLE IX-PRICE POLICY 

On and after the effective date, every member of the Industry 

shall forthwith file in the office of the Association for immediate 

distribution to all members of the Industry a complete schedule of 

his prices then in effect on all buff and polishing wheel products. 

All such price lists shall be open to inspection at the office of the 

Association by all members of the Industry. Upon application of 

any such member, the Association shall furnish copies of such 

relevant price lists. The charge therefore, if any, made by the 

Association, shall not exceed the actual cost of copies furnished and 

postage. -

Members of the Industry shall not sell at prices lower than their 

own current published prices for a period of seven days from the 

date on which their new price list is filed with the Association, and 

shall not sell at any time or to any person, except upon terms then 

published and in effect. Members of the Industry shall have the 

right individually to publish new price lists from time to time not 

inconsistent with the provisions of this Code. 

ARTICLE X-GENERAL 

(a) Each employer shall post in conspicuous places full copies of 

this Code. • · 

(b) 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. 

( c) No employee and no one seeking employment shall be required as a condition of employment to join any company un10n 

or to refrain from joining, organizing, or assisting a labor organigation of his own choosing; and 

( d) Employers shall comply with the maximum hours :>f labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

( e) This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provision of subsection (b) of Section 10 of the Act, from time to time to 

cancel or modify any order, approval, license, rule or regulation issued under Title 1 of said Act and specifically, but without limitation, to the right of the President to cancel or modify his approval 
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of this Code or any conditions imposed by him upon his approval 

thereof. 

(f) vVithin each st ate, members of the 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, then under this Code. 

(g) Where the costs of executing contracts entered into in this 

industry are increased as a result of the enactment of the Act and by 

the provisions of this Code, or where any contracts entered into 

by an employer subject to this Code, are inconsistent with the provisions thereof, it is equitable and promotive of the purposes of the 

Act that appropriate adjustments of such contracts be arrived at by 

arbitral proceedings or otherwise and with the assistance of the Code 

Authority members of the Industry will endeavor to make such 

adjustments. 

(h) Such of the provisions of this Code as are not required to be 

included therein by the Act may, with the apl?roval of the President, be modified or eliminated as changes in the 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 of the President to prevent unfair competition 

in price and other unfair and destructive competitive practices and 

to effectuate the other purposes and policies of Title I of the Act 

consistent with the provisions thereof. 

(i) No provision in this Code shall be interpreted or applied in 

such manner as to : 

( 1) Promote monopolies or monopolistic practices, 

(2) Permit or encourage unfair competition, . 

1

3) Eliminate or oppress small enterprises, or 

4) Discriminate against small enterprises. 

j) If any employer in this Indust~y 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 a ·part of the 

Industry covered by this Code. 

(k) This Code shall be in effect immediately upon its approval by 

the President and shall apply to all persons engaged in the Industry. 

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