Approved Code No. 116 Registry No. 328-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

MOPSTICK INDUSTRY 

AS APPROVED ON NOVEMBER 14, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

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.._ _ _;_ _____ .-lll~M'7~~D STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of D1lc11ments, Washington, D.C. - - -· - - - - - Price 5 cents 
This pul>lication is for sale by the Superintendent of Documents, Government 

Printing Office, \Va hington, D.C., and by district offices of t11e Bureau of 

Foreign and Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. Detroit, l\licb.: 2213 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

J acksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

LouisYille, Ky.: 408 Federal Building. 

l\Iempbis, Tenn. : 229 F ederal 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 Tru t Builc1ing. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Loui , Mo.: 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 F ederal Building. 

(II) 

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EXECUTIVE ORDER 

CoDE OF FAIR COMPETITION FOR THE l\1oPSTICK 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 l\1opstick 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 re pects 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 aid act have 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 N ati?nal Industrial Recovery Act, approved June 16, 1933, 

and otherwise, do adopt and a pp rove 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. 

THE WHITE HousE, 

November 14, 1933. 

Approval recommended : 

I-IuoH S. JOHNSON, 

Administrator. 

211~3°-244-7-33 

FRANKLIN D. ROOSEVELT. 

(III) 
IV 

The PRESIDENT, 

NOVEMBER 9, 1933. 

Th e TI hite House. 

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

Mopstick Industry in the United States, the hearing being conducted in "'\Vashington, D.C., October 26, 1933, in accordance with 

the provi:ions of the National Industrial Recovery Act. 

PRO YI IONS ON HOURS AND WAGES 

The maximum hour provided by the code for factory employees 

will be 40 per week and 8 per day. Firemen and engineers are 

allowed a tolerance of 8 hours in any one week. Shipping clerks 

and men engaged in maintenance and repair work are allowed a 

tolerance of 8 hour with one and one third the normal wage rate 

being paid for time worked in excess of 40 hours in any one week. 

Watchmen are permitted a tolerance of 16 hours in any one week 

with a day off each week. The above limitations do not apply to 

employees engaged in upervisory work and receiving more than 

$35.00 per week. 

The minimum wage rate for employees is 35 cents per hour, male 

and female. Handicapped persons may be employed but their number shall not exceed 10 percent of the number of employees in any 

plant and their wage rate shall be not less than 80 percent of the 

minimum wage rate provided by the code. The weekly compensation of all employees as of June 16, 1933, higher than the minimum 

will not be reduced because of any change in hours provided in 

the code. 

CHILD LABOR 

The minimum age provided in this code is 16 years, but in hazardous occupations thi age limit is increased to 18 years. 

ECONOMIC EFFECT OF THE CODE 

This mall industry manufactures mop sticks made by finishing a 

mop handle and attaching thereto a clamping device for holding a 

removable wet mop. Approximately 160 persons are employed in 

this indu try. It has maintained an effective trade association for 

many years and approximately 97 percent of its product complies 

with the specifications established by the United States Bureau of 

Standard . The provisions of article VII, section 2, on methods of 

unfair competition were derived from a list of unfair trade practices approved for the Mopstick Industry by the Federal Trade 

Commission and are already in operation in this well organized 

industry. 

Analysis of data submitted by this industry indicate · that approximately the provisions of the code already made effective have 

incr asecl the number of those employed in September 1933, as compared with June 1933, by 18.5 percent. The reported average wage 

for September represents increases of 16.7 percent in the weekly 

wage and 31.3 percent in the hourly wage. 
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In arriving at the terms expressed in the code, the industry has 

shown its cooperation in complying with the spirit of the National 

Industrial Recovery Act and welcomes the adoption of a code of 

fair competition as a further aid in accomplishing the purposes of 

said Act. 

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 the. 

Mopstick 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 approved. 

Respectfully, 

HUGH s. JOHNSON, 

Administr(J)tor. 

CODE OF FAIR COMPETITION FOR THE MOPSTICK 

INDUSTRY 

ARTICLE I - P URPOSES 

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 Mopstick Industry, and upon approval by 

the President shall be the standard of fair competition for such 

industry and shall be binding upon every member thereafter. 

ARTICLE II-DEFINITIONS 

The term "mopstick industry" as used herein includes the manufacture and/ or sale by manufacturers of complete mopsticks made 

by finishing a mop handle and attaching thereto a metal clam ping 

device for holding removable wet mops, and such branches or subdivisions thereof as may fron1 time to time be included under the 

provisions of this code by the President after such notice and hearing 

as he may prescribe. 

The term "employee" as used herein includes any one engaged 

in the industry in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such 

compensation. 

The term "member of the industry" includes any one engaged 

in the industry as above defined, either as an employer or on his own 

behalf. 

The terms "President", "Act", and "Administrator" as used 

herein shall mean respectively the President of the United States, 

the National Indu trial Recovery Act, and the Administrator of 

said Act. 

The term "Association" as used herein shall mean the National 

Association of :Mop Stick :Manufacturers. 

ARTICLE III-Hou Rs 

1. No employee shall be permitted to work in excess of 40 hours 

in any one week or 8 hours in any 24-hour period, with the following 

exceptions : 

(a) Firemen and engineers, who shall not oo permitted to work 

more than nine and one half hours in any twenty-four hour period 

nor more than forty-eight hours in any one week. 

(b) Shipping clerks and men engaged in repair and maintenance, 

who shall not be permitted to work more than 48 hours in any one 

week and who shall be paid at least one and one third times their 

normal rate :for all hours worked in excess of forty ( 40) hours in any 

one week. 

(1) 
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(c) "\Vutchmcn, who shall not be permitted to work more than fiftysix ( 56) hours in any one ,Y-cek nor more than six ( 6) days in any 

seven (7) day period. 

( d) Employees engaged in a managerial or executive capacity and 

receiving compensation at the rate of $35.00 per week or more, and 

outside sale men, who shall not be subject to hourly limitations. 

2. No employer shall knowingly engage any employee for any 

time which w-hen totaled iVith that already performed with another 

employer or employers exceeds the maximum hereinabove provided. 

ARTICLE IY-"\V AGES 

1. No employee shall be paid less than the rate of $14.00 per iVeek 

of forty ( 40) hours ( or 35 cents per hour) . 

2. This Article establishes minimum rates of . pay, regardless o:f 

whether an employee is compensated on a time-rate, piece work, or 

other basis. 

3. Female employees performing substantially the same work as 

male employees shall receive the same rates of pay as male employees. 

4. The weekly compensation of all employees as of June 16, 1933, 

in excess of the minimum wage hereinabove specified shall not be 

reduced notwithstanding that the hours of work of any such employees may be reduced. The wages of all employees receiving more 

than the minimum rates herein prescribed shall be equitably adjusted 

and the differentials between employees receiving in excess of the 

minimum herein prescribed existing prior to the approval of this 

Code shall be maintained. Such adjustments shall be reported to 

the Code Authority and to the Administrator. 

5. A person whose earning capacity is limited because of age or 

physical or mental handicap may be employed in light work at a 

wage below the minimum established 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 

such wages and for such hours as shall be stated in the certificate. 

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

persons employed by him. The number of such employees engaged 

by any member of the Industry at any one_ time shall not be in 

excess of 10 percent of the total number of his employees, nor shall 

such employees be paid at less than 80 percent of the minimum wage 

rate herein established. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. 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. 

2. No employee and no one seeking employment hall be required 

as a condition of employment to join any company union or to refrain 

from joining, organizing, or assi ting a labor organization of his 

own choosing. 
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3. Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other working conditions approved or 

prescribed by the President. 4. No person under sixteen (16) years of age shall be employed 

in the industry, nor anyone under eighteen (18) years of age at 

operations or occupations hazardous in nature or detrimental to 

health. The Code Authority shall submit to the Administrator 

before January 30, 1934, a list of such occupations. In any State 

an employer shall be deemed to have complied with this provision 

if he shall have on file a certificate or permit duly issued by the 

authority in such State empowered to issue employment or age. 

certificates or permits, showing that the employee is of the required 

age. 

5. ,v-ithin each State no provision of this Code shall supersede any 

laws of such State imposing more stringent requirements on employer regulating the age of employees, wages, hours of work, or 

health, fire, or general working conditions than under this Code. 

6. Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purposes of the 

Act. 

7. Each employer shall post in conspicuous and accessible places 

full copies of this Code. 

ARTICLE VI-ADMINISTRATION 

To effectuate further the policies of the Act, a Code Authority is 

hereby constituted to cobperate with the Admini trator in the admini tration of this Code. 

1. Organization and constitution of Code Authority. 

(a) The Code Authority shall consist of five ( 5) individuals, or 

such other number as may be approved from time to tin1.e by the 

Administrator, to be selected as hereinafter set forth. The Administrator, in his discretion, may appoint from one to three additional 

members without vote to represent the Administrator or such groups 

or intere ts as may be agreed upon. Members appointed by the 

Administrator shall serve for terms of from six months to one year, 

provided, however, that the terms of such members shall not expire 

at the same time. Such members shall be given notice of and may 

attend all meetings of the Code Authority. 

(b) Four members of the Code Authority shall be selected by the 

Association from among its membership by ballot, and one member 

shall be selected from among the nonmembers of the Association by 

those nonmembers. The Association not later than 10 days after 

the approval of this Code shall notify the members of the Industry 

who are nonmembers of the Association that on a specified day not 

later than 20 days after such notice shall have been given one member of the Code Authority will be selected by nonmembers of the 

Association. Such notice shall specify that such nonmember may be 

selected by nonmembers of the Association either present or by 

proxy or by letter ballot. 

( c) Each trade or industrial association directly or indirectly 

participating in the selection and activities of the Code Authority 

shall: (1) Impose no inequitable restrictions on membership, and 

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(2) ubmit to the Administrator true copies of its articles 0£ association, bylaws, regulations, and any amendments when made thereto, 

together with such other information as to membership, organization and activities as the Administrator may deem necessary to 

effectuate the purposes of the Act. 

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

representatfre of the Industry and in other respects comply with 

the provisions of the ~ ct, 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 respects comply with the provisions of the Act, may require an appropriate modification in the method of selection of the Code Authority. 

2. The Code Authority shall have the following duties and powers 

to the extent permitted by the Act, subject to the right of the Administrator on re-view to di approve or modify any action taken by the 

Code uthority. 

(a) '\Vith a view to informing the President and Administrator as 

to the observance of this Code, and as to whether the Industry is 

taking appropriate teps to effectuate the declared policy of the Act, 

each member of the Industry shall furnish duly certified reports in 

the form and as required by the Code Authority for the administration of this Code on production, orders, sales, prices, and conditions 

• of employment and such other matters as may be pertinent to the 

administration of this Code. The Code Authority is hereby constituted the agency for the collection and compilation of such reports, 

and for the forwarding of such reports to the Administrator; and all 

such reports shall be held in strict confidence by the Code Authority 

except when they shall be required by the Administrator or by the 

Code Authority in connection with a violation of the provisions of 

this Code. 

(b) The Code Authority may from time to time present to the 

Administrator recommendations based on conditions in the Industry 

as they may develop which will tend to effectuate the operation of the 

provisions of this Code. 

( c) The Code Authority is also set up to cooperate with the 

Administrator in making investigations as to the functioning and 

observance of any provisions of this Code, at its own instance or on 

complaint of any person affected, and to report the same to the 

Administrator. 

( d) The Code Authority shall coordinate the administration of 

this Code with such other codes, if any, as may affect this Industry 

or any related industry with a view to promoting joint and harmonious action upon matters of common interest. 

( e) All members of the Industry shall be entitled to participate 

in and ~~are tl~e benefits o:~ the activities of the Code Authority and 

to part1c1pate 1n the select10n of the members thereof by assenting 

to and complying with the requirements of this Code. Those members thus participating and sharing shall sustain their rea onable 

share of the expenses of its administration. The reasonable share 

of the expenses of administration shall be determined by the Code 

Authority, subject to review by the Administrator, on the basis of 

volume and/or such other factors as may be deemed equitable to be 

taken into consideration. 
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3. In addition to the information required to be submitted to the 

Code Authority there shall be furnished to government agencies by 

the members of the Indu try such statistical information as the 

Administrator may deem necessary for the purpose · recited in 

Section 3 (a) of Title I of the Act. 

ARTICLE ' II-TRADE PRACTICES 

1. The Code Authority shall formulate or cause to be formulated 

a uniform accounting system which shall be adaptable to the cost 

accounting procedure and to the business 0£ the Indu try. Such 

plan shall specify the factors which shall be included in determining 

the costs of each member 0£ the Industry. Upon approval by the 

Administrator of uch a system 0£ cost accounting for the Industry, 

complete advice concerning it shall be distributed by the Code Authority to all member of the I ndustry. Thereafter no member of 

the Industry shall sell the products of the Industry at uch prices 

or upon such terms and conditions of sale as will result in the purchaser's paying for such product less than the cost thereof to the 

seller, determined in accordance with the aforesaid sy tem of cost 

accounting, except to meet competition. ,vithin twenty days after 

the approval of this Code each member of the Indu try shall publish to the trade and file with the Code Authority a price list for 

all products of the Industry sold or offered for sale by him, together 

with the discount.-, if any, allowed therefrom, and fixed term of 

payment. ReYised price lists or revised discounts or terms and con- ditions of sale may be filed and published from time to time thereafter by any member of the Industry, provided, however, that such 

revision shall be published and filed with the Code \.uthority at 

least fiye days in adYance of the effective date thereof. .1 o member 

of the Industry shall sell or offer for sale any products of the Industry at prices lower than the prices noted in his price list or on 

more favorable terms and condition of sale than the terms and con- ditions of sale previously published and filed by such member with 

the Code Authority in accordance with the foregoing provisions 

and in effect at the time of such sale. 

2. The following practices con. titutes unfair methods of competition and are prohibited: 

(a) Either directly or indirectly to discriminate in price between 

different purchasers of commodities, where the effect of such discrimination may be substantially to lessen competition or tend to 

create a monopoly : Provided, that nothing herein contained shall 

pre-vent discrimination in price between purchasers of the same class 

on account of differences in the grade, quality, or quantity of the 

commodity old; 

(b) The sale or offering for sale of any product of the Indu try 

by any false means or device which has the tendency and capacity 

to mislead or deceive customers or prospective customers as to the 

quantity, quality, substance, or size of such product; 

( c) The imitation of the trade marks, trade names, slogans, or 

other marks of identification of competitors, having the tendency and 

capacity to _mislead or deceive purchasers or prospective purchasers; 
UNIVERSITY OF FLOR IDA 

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G 3 1262 08584 2010 

( d) The defamation of competitors by falsely imputing to them 

dishonorable conduct, inability to perform contracts, questionable 

credit standing, or by other false representations, or the false disparagement of the grade or quality of their goods, with the tendency 

and capacity to mislead or deceiYe purchasers or prospective 

purcha ers; 

( e) ~1:aliciou ly inducing or attempting to induce the breach of 

existing contracts between competitors and their customers by any 

false or deceptiYe mean what oe-, er, or interfering with or obstructing the performance of any uch contractual duties or services by any 

such means; 

( f) The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or 

privileges not extended to all purchasers under like terms and 

conditions; 

(g) Offering for sale merchandise at a price reduced from a 

marked-up or fictitious price which has the tendency and capacity 

to mislead or deceive purcha ers or pro pective purchasers; 

(h) To sell mopsticks which do not comply with the minimum 

standards as e tablished for the Industry by the United States 

Bureau of Standards without labelling the product as not complying with such standards. 

ARTICLE YIII- MoorFICATION 

1. 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 I ndustrial 

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, 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. 

2. This Code, except as to provisions required by the Act, may 

be modified on the basis of experience or changes in circumstances, 

such modification to be based upon application to the Adn1inistrat or 

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

on approval of the President. 

ARTICLE IX- 1IoNOPOLIES .AND ~foNOPOLISTIC PRACTICES 

No provisions of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE X - EFFECTIVE DATE 

This Code shall become effective on the 10th day aftei:--its approval 

by the President. · . -, ~ : · 0 . - ... . .. -...... _