Approved Code No. 155 Registry No. 11 0--02

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

OXY-ACETYLENE INDUSTRY

AS APPROVED ON DECEMBER 15, 1933

BY

PRESIDENT ROOSEVELT

RIA

MEMBER

ujse

WE DO OUR PART

1. Executive Order

2. Letter of Transmittal

3. Code

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DE R 1k 4 T PRINTING OFFICE

WASHINGTON: 1933

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Approved Code No. 155

CODE OF FAIR COMPETITION

FOR THE

OXY-ACETYLENE INDUSTRY

As Approved on December 15, 1933

BY

PRESIDENT ROOSEVELT

Executive Order

An application having been duly made, pursuant to and 

compliance with the provisions of title I of the National In

Recovery Act, approved June 16, 1933, for my approval of 

of Fair Competition for the Oxy-Acetylene Industry, and h

having been held thereon and the Administrator having r

his report containing an analysis of the said code of fair com

together with his recommendations and findings with respect 

and the Administrator having found that the said code 

competition complies in all respects with the pertinent pro

of title I of said act and that the requirements of clauses 

(2) of subsection (a) of section 3 of the said act have been 

NOW, THEREFORE, I, Franklin D. Roosevelt, Presi

the United States, pursuant to the authority vested in me by 

of the National Industrial Recovery Act, approved June 1

and otherwise, do adopt and approve the report, recommen

and findings of the Administrator and do order that the sa

of fair competition, excepting, however, section 4 of articl

be, and it is hereby, approved, subject to the following con

(1) That the aforesaid section 4 of article VIII be, an

hereby, eliminated.

Approval THE 26019 HUGH WHITE 0 -244-155--33 December recommended: S. HOUSE, JOHNSON, Administrator. 15, 1933. FRANKLIN (61) D. ROOSEV
NOVEMBER 2

THE PRESIDENT,

The White House.

SIR: This is the report of the Hearing on the Code of F

petition for the Oxy-Acetylene Industry, conducted in a

with the provisions of the National Industrial Reeovery 

hearing was held in the Mayflower Hotel on October 27, 1

Code was presented by the National Oxygen and Acetylene 

tion, which is affiliated with the Industry's technical so

International Acetylene Association. ' The National Ox

Acetylene Association was formed on August 9, 1933, in 

for the purpose of providing a vehicle for properly me

requirements and purposes outlined by the National 

Recovery Act. The National Oxygen and Acetylene Assoc

as members 65, out of a total of 80, producers in the Industr

65 producers do more than 95% of the volume of the busi

THE INDUSTRY

The Uxy-Acetylene Indu't4ry is comparatively new in 

fdoption of oxy-acetylene welding and cutting in practic

field of metal working has been adopted in the last 25 ye

main products of the Industry are the gases. oxygen and 

which are respectively compressed and dissolved into he

cylinders for distribution and the apparatus for the utilizat

gases in cutting and welding operations.

PROVISIONS OF THE CODE

A large percentage of the operations of the Industry in 

facture of gases are continuous processes which operate 3

year while a plant is in operation. The Code provide

employee, with certain exceptions, shall work in excess of a

of 40 hours per week over a period of 6 weeks and in no e

than 48 hours in any one week. This is a considerable imp

over the average hours worked per week previously, as is 

by the following: In 1929 the aggregate number employed was 10,080. In 

aggregate number eiploved was 7,271. During the las

July 1933, this Industry reported a total number of emp

7.284. Based on actual employment figures for two compan

pay-roll senting after 1933, It total is estimated putting an number approximately figuresncase the based employed the President's of increase on 23% 75% this of ofver 7,471 Reemployment actual for the (62)June these output for pay-roll the 17, two of week 1933. the companies Agreement data ending Industry Based that thOwi
63

ment of the entire Industry is now about 92% of what it was i

This is in spite of the fact that tle dollar volimie of the b

is running currently at only 60' of what it was in the same p

of 1929 and the physical volume of the Industry does not 

65% for the same period of 1929.

M-nimum wages are provided for all employees which ar

essentially at the level of the 1929 rates of wage or subst

in excess in certain sections.

In the Code as submitted there is included in Article V

paragraph, Section 4, innediately following the collective b

ing clauses, which is an interpretation of Section 7 (a) t

National Industrial Recovery Act. The Code is being si

to you including this paragraph only because the National 

and Acetylene Association cannot get an agreement among i

m

bers to submit a code which does not contain this paragrap

T

avoid undue delay, I recommend that you approve this Co

eliminating Section 4 of Article VIII.

FINDINGS

I find that: (a) The Code as recommended, eliminating 

4 of Article VIII, complies in all respects with the pertine

p

visions of Title I of the Act, including subsection (a) of 

7 and subsection (b) of Section 10 thereof; and that

(b) The applicant group imposes no inequitable restrict

admi ssion to membership therein, and is truly representative 

t

Oxy-Acetylene Industry; and that

(c) The provisions of the Code as recommended are not d

to promote monopolies or to eliminate or oppress small ent

and will not operate to discriminate against them, and w

t

to effectuate the policy of Title I of the National Industr

R

covery Act.

It is recommended, therefore, that this Code be approved.

Respectfully,

HumH S. JonNsoN

Administ
CODE OF FAIR COMPETITION

FOR THE

OXY-ACETYLENE INDUSTRY

ARTICLE I-PURPOSES

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 Oxy-Acetylene Industry, and upon approv.? by the President, shall be the standard of fair competition

for this Industry and shall be binding upon every member thereof.

ARTICLE Il--DEFINITIONS

The term " Industry " as used herein includes the manufacture

of oxygen, calcium carbide, and its derivative acetylene, or substitWtes therefor (such as hydrogen and compressed hydro-carbon

Q'ases) when utilized for the cutting or welding of metals, cutting

and welding apparatus designed to use the above-mentioned gases,

apparatus for the generation of acetylene gas for cutting anid welding

puiirposes, for the storage or transportation of dissolved acetylene

gas, or for the utilization of acetylene gas for commercial purposes

other than welding and cutting, and such other branches and subdivisions thereof, not herein defined, as may from time to time be

included under the provisions of this Code, and, without limiting

the generalty of the foregoing, specifically includes compressed gases

such as oxygen, ethylene, nitrus-oxide, etc., when employed as medi-

(al gras'IS.

The term employee " as used herein includes any person engaged

in any phase of the Industry in my capacity receiving compensation

for his services, irrespective of the method of payment of such

compensation.

T he term - employer " as used herein includes anyone by whom

any su(h employee is complensated or employed.

The term " member of the Indlustry " includes anyone engaged in

the Industry as above defined.

The term "mnemnlber of the Code " includes any member of the

Industry who shall expressly signify assent to this Code.

The terms " President " "Act ", and "Atlministrator " as usert

herein mean. respectively, the President of the United States, the

National Industrial Recovery Act, and the Aldiinistratcr of said

A ct.

The term " Q4iceitive date " as used herein means the first Monday

after this Code shall have been approved by the President of the

United States.

(64)
65

ARTICLE IlI-HouRs

SECTION 1. On and after the effective (late employers in the Industry shall not operate on a schedule of hours of labor for any of

their employees (except any person employed as salesman, engineer, fireman, loader, truck driver, or watchman, or employed in a managerial or executive capacity and receiving more than $35.00 per week) in excess of an average of forty (40) hours per week over

any period of six (6) weeks, or in any event more than forty-eight

(48) hours in any one week.

SEC. 2. If anyone employed as engineer, fireman, loader, or truck

driver shall work more than forty-four (44) hours in any week, compensation at the rate of time and one third for such time over

forty-four (44) hours a week shall be paid to such employee.

SEC. 3. The maximum hours fixed in Section (1) of this Article

III shall not apply to employees on emergency maintenance or

emergency repair work involving breakdowns or protection of life

or property, but in any such special case time and one third time

shall be paid for hours worked in excess of the maximum hours

herein provided.

ARTICLE IV-WAGES

On and after the effective date the minimum wages that shall be

paid shall be not less than 40# per hour except in the states of

Louisiana, Florida, Georgia, North Carolina, South Carolina, Alabama, Oklahoma. Mississippi, Arkansas, Virginia, West Virginia,

Tennessee, Kentucky, and Texas, in which states the minimum wages

shall be not less than 35# per hour. This minimum rate shall be

paid regardless of whether the employee is compensated on the basis

of a time rate or on a piecework performance. The minimum wages

for all employees not paid on an hourly basis shall be not less than

$15.00 per week, except in the above-mentioned fourteen state., where

they shall be not less than $14.00 per week. The hourly rates of

wages, including piecework, of employees now being paid in excess

of the established minimum, shall be equitably adjusted where such

adjustment has not already been made. Employers shall not reclassify employees with the object of defeating the purposes of the

Act.

ARTICLE V-CHILD LABOR

No person under 16 years of age shall be employed in this Industry; no person under 18 years of age shall be employed in a

dangerous or hazardous occupation.

ARTICLE I--ADMiNISTRATION

SECTION 1. The Board of Directors of the National Oxvgen and

Acetylene Association is hereby designated to be the Supervising Agency for administering, supervising, and promoting the performance of the provisions of this Code for members of the Industry. SEC. 2. The National Oxygen and Acetylene Association shall (1)

impose no inequitable restrictions on membership, and (2) submit
66

to the Administrator true copies of its articles of 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.

SEC. 3. In order that the Supervising Agency shall at all times

be truly representative of the trade 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 Supervising Agency is not truly representative

or (does not in other respects comply with the provisions of the Act,

may req(uIirye an appropriate modification in the method of selection

of the Supervising Agency.

SE,:c. 4. The Supervising Agency shall permit to be present at

any and all of its meetings called for or taking any action with respect to the operation of the Code, not more than three members to

be appointed by the President but to have no vote upon any matter

considered at such meetings of the Supervising Agency.

SEc. 5. With a view to keeping the President and the Administrator informed as to the observance or nonobservance of this Code, and as to whether the Industry is taking appropriate steps to effectuate the declared policy of the Act, each member of the Industry

will, at the request of the Supervising Agency, furnish (1) such

pertinent facts, figures, and records of such member as may be

necessary for a determination as to whether such member shall be

complying with the provisions and the spirit of this Code, and

(2) such other reports and information requisite to the administration of this Code as may be called for by the Administrator or the

Supervising Agency in furtherance of the provisions of this Code.

All such information must be furnished, when and as requested by

the Supervising Agency, to a committee appointed for such purpose

by a majority of the members of the Supervising Agency. Such

ceimmnittee shall not have as a member thereof any person coming

within the definition in this Code of employer, employee, or member

of the Industry. All such information on individual company data

shall be held confidential except that it may be communicated by

such committee to the Administrator, and except also that the

Supervising Agency shall have the right to appoint a firm of

certified public accountants for the purpose of accumulating such

information and communicating it to such committee.

SEC. 6. All expenses of the Supervising Agency for the purpose

of its functions under this Code shall be prorated on an equitable

basis among the signers of the Code.

ARTICLE II-TRADE PRACTICEs

The following practices constitute unfair methods of competition

and are prohibited:

SECTION 1. Inducing, or attempting to induce, by any means, any

party to a commercial contract with a member of the Industry to

violate such contract; or selling to any such party knowingly in

violation of such contract;
67

SEC. 2. Filling of cylinders belonging to another member of the

Industry, save at the written consent of such member

SEC. 3. Failing to charge rental for cylinders, after they shall have

been retained by customers more than :'0 days, for such time in

excess of 30 days. at rates to be filed by eact member of the Industry

with the Supervising Agency, which rates shall he open to inspection

by any member of the Industry; or rebating such charge if justly

made against the customer;

SEc. 4. Failing to charge for all gases sold (1) an f.o.b. plant or

warehouse price; (2) a delivery charge to be filed by each member

of the Industry with the Supervising Agency which shall be open

to inspection by any member of the Industry; SEC. 5. Failing to add to the prices charged for productss of the

Industry, whenever such addition may be lawful, any tax assessed

against the production or sale of such products by any duly authorized Federal, State, County, or Municipal agency; or rebating such

charge;

SEC. 6. Allowing cash discounts for gases sold;

SEC. 7. Marking, branding, or labeling products or making statements regarding products, that may ten d to mislead or deceive purchasers as to the (quantity, quality, grade, or substanice of such

products;

SEC. 8. The provisions set forth in the foregoing Sections (3), (4), and (6) do not apply to medical gases.

ARTICLE VIII-GENE1AL

SECTION 1. 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 selforganization or in other concerted activities for the purpose of collective bargaining or other nMtual aid or protection;

SEC. 2. No employee and no one seeking employment shall be reouired 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

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

minimum rates of pay, and other conditions of employmen t a approved

or prescribed by the President.

SEC. 4. Without in any way attempting- to qualify or mndify, by

interpretation, the foregoino requirements of the National Industrial

Recovery Act, employers in this Industry may exercise their right to

select, retain, or advance employees on the basis of individual merit,

without regard to their membership or nonimeibership ill any

organization.*

SEC. 5. 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 Sec. 10 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, but without limitation, to the right of the President

* This paragraph deleted per last paragraph of Executive order approving this Code.
68

to cancel or modify his approval of this Code or any conditions

imposed by him upon his approval thereof.

SEC. 6. Within each State, this Code shall not supersede any laws

of such State imposing more stringent requirements regulating the

age of employees, wages, or hours of work than under this Code.

SEC. 7. Each employer shall post. in conspicuous places full copies

of this Code.

SEC. 8. No provision of this Code shall be so applied as to permit

monopolies or monopolistic practices, or to eliminate, oppress, or

discriminate against small enterprises.

SEC. 9. Such of the provisions of this Code as are not required

to be included therein by the 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 code 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 hereof.

ARTICLE IX

The Code shall continue in effect for a period of ninety days after

the effective date thereof, subject, however, to amendment at any

time as hereinbefore provided, and also subject to the exercise of

reserved power of the President to cancel or modify his approval

thereof. The Code shall continue in effect after the expiration of

said period of ninety days in the absence of such reserved power

on the part of the President, or in the absence of the exercise by

members of the Code of the power which they hereby reserve, to

terminate the Code at any time after the expiration of the said

period of ninety days. Such cancellation shall be proposed by the

Supervising Agency by vote of the majority of members thereof

at the time in office. The proposal to cancel shall then be submitted

to all members of the Code who shall be given a right to vote thereon.

If at least three fourths of the votes entitled to b: cast by the members of the Code, in accordance with the Bv-Laws of the Association

shall be in favor of cancellation, the Association shall have the

power after service of a thirty-day notice on the Administration to

terminate said Code. When so terminated, all subsequent liabilities

and obligations hereunder shall cease.

Approved Code No. 155.

Registry No. 1150-02.

0

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