Approved Code No. 288 Registry No. 507-1-05

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

DAILY NEWSPAPER

PUBLISHING BUSINESS

AS APPROVED ON FEBRUARY 17, 1934

BY

PRESIDENT ROOSEVELT

usuR

-U.S.

WE DO OUR PAR?

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - - Price 5 cents
This publication is for sale by the Superintendent of Documents, 

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

Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Approved Code No. 288

CODE OF FAIR COMPETITION

FOR THE

DAILY NEWSPAPER PUBLISHING BUSIN

As Approved on February 17, 1934

BY

PRESIDENT ROOSEVELT

EXECUTIVE ORDER

An application having been duly made, pursuant to an

compliance with the provisions of Title I of the National I

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

of Fair Competition for the Daily Newspaper Publishing 

and hearings having been held thereon and the Administrato

rendered his report containing an analysis of the said cod

competition together with his recommendations and findi

respect thereto, and the Administrator having found that 

code of fair competition complies in all respects with the 

provisions of Title I of said Act and that the requirem

clauses (1) and (2) of subsection (a) of Section 3 of the 

have been met:

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

the United States, pursuant to the authority vested in me 

I of the National Industrial Recovery Act, approved June 

and otherwise, do hereby adopt and approve the report, reco

tions and findings of the Administrator and do order that 

code of fair competition be and it is hereby approved, s

the following conditions:

(1) The determination of hours and wages for news de

workers shall be made not later than 60 days hence.

(2) The government members of the Code Authority s

particular and 60 surplusage. (3) days sell 290470-296-106--34 Insofar hence. newspapers and attention Whle as Article i to the has shall VIIno provisions meaning is report (69) not required to itauthorizing is the permitted President by the minors to Act, notsanlti
70

because it has been requested and because it could have 

legal effect as would bar its inclusion. Of course a man 

consent to what he does not consent to. But if the Preside

find it nece.sary to modify this Code, the circumstance 

modification was not consented to would not affect whateve

tions the non-consentor would have under Section 3 (d

National Industvrial Recovery Act.

Of course, also, nobody waives any constitutional rigts b

ing to a Code. The recitation of the freedom of the press 

the Code has no more place here than would the recitatio

whole Constitution or of the Ten Commandments. The 

guaranteed by the Constitution i5 freedom of expression 

will be scrupulously respected-but it is not freedom to w

dren, or do business in a fire trap or violate the laws against 

libel and lewdness.

FRANKLIN D. ROOSEV

Approval recommended:

HUGH S. JOHNSON,

Administrator.

TE WniiE HOUSE,

February 17, 1934.
THE WHITE HouS

Washington, Febirwary 17

GENERAL HUGH S. JOHNSON,

National Recovery Adminnistrator,

National Recovery Adininistration,

Washington, D.C.

My DEAR GENERAL JOHNSON:

In addition to the conditions in the Executive Order appro

Code of Fair Competition for the Daily Newspaper Publishi

ness, I wish to make the following observations:

(a) " I am not satisfied with the Child Labor Provisions. 

cial report and recommendations in regard to the carrying o

Provisions will be made to me at the end of 60 days.

(b) The publishers of newspapers having a circulation of 

five thousand or more in cities of seven hundred and fifty 

population or more are requested to install a five-day, fo

week for their staff of reporters and writers with the purpos

ing employment to additional men and women in this field

port on this will be made at the end of sixty days."

Sincerely,

FRANKLIN D. ROOSEV

(71)
LETTER OF TRANSMITTAL

rhe IPR:smI: 

7T11 Wh'lite House.

Sin: During the form u lation of A Code of Fair Compe

the daily newspapers of the United States one issUe 

public attention: Freedom of the Press. In the confer

tween the Admiinistrator :ai the 111ediate proponent

Code-that is, the Board of Directors of the American N

Publishers' Association and the representatives of the regio

aSsociatiolns affiliated with the Aierica n Newspa per P

Asociation-major attention was devoted to the hours 

provisions of the Code: to the revision of the Child Labor se

to the problem of editorial workers. The proponents kne

far as the National Recovery Adliinistration was concer

was no issue in respect of the Freedom of the Press and 

controversy had been stimulated ahost entirely by those 

only second- or third-hand information of the progres

negotiations. The issue has assumed such proportions, 

in the minds of certain newspaper publishers and of 

section of the public that it seems desirablee in this, my R

you, to set forth the bare facts.

Hearings on the Newspaper (ode were held on Septem

and 23rd. The Code, as put down for public hearing, co

Section XI which read as follows:

" In subnitting or subscribing to this code, the publishe

thereby agree to accept or to comply with any other req

than those herein contained, or waive any right to object t

position of an*y ft rther or (Iifferent requirements, or waive 

stitutional rights or1 couisenit to the impositionl of any req

that might restrict or interfere vith the consttiutional 

of the Freedoi of the Press.

Ihiis reservation xvIich it was proposed to inchidle it a 

already beeii made by the lie\v paper publIlliers wvhenl, on AuqiUst 16,

10,o838 they secured approval of the Ad II inistrator for the 

tion of certia i provisions of t1eir proposed code for the 

provisions of the President's Reemployimenit Agreeme

National Recover v A hilistratioti then indicated that it h

jections to ihe newspapers fassertiria tihe coist itutional ri

iree At rss. vationi sulita tioI under pon1e1its Imelit Il 'I the ]ewspapers Ia State Was ra 5 It public 1 coI cc IlIghit eI.intended (Itee C hild Fre to hearing>. No m might ascertaini 1 L liiif ah new-I to thoe r intimate be Press paper L questions aws wi free as givilig ether (72) or has of it that immunflhl1iitv W any the ever to orkm1 because collnlsel obligation Freed pleaded en 's of mI Coml1pensat for of the a under thle the State First Co

Prthi
73

It was suggested also at the public hearings that legally the 

tion was surplusage; that by consenting to a code on h

wages the newspapers could not waive any rights under 

Amendment. During the public hearings, therefore, the 

istration expressed no opinion on the Freedom of the Press 

tion except insofar as an opinion might be inferred from 

terrogations referred to above. (Stenographic record, N

Code public hearing, page 1222-Graphic Arts Code public 

pp. 740-441).

In the subsequent conferences between the proponents of 

and representatives of the Administrator-and there have b

of these conferences-the only suggestions that have been 

respect of the original Section XI of the Newspaper C

that the declaration could more properly appear in the 

of the Code or in connection with Section 10 (b) of the Ac

of in its original resting place, between two irrelevant 

and that the language might be limited to constitution

under the First Amendment and not extended to cover all 

tional rights. These suggestions were not pressed. The 

recommended contains the reservation in connection with 

10 (b) of the Act. The language goes beyond the liberties 

by the First Amendment but this, it seems to me, is not im

The newspapers have not asked for any special protection 

that guaranteed them by the First Amendment; and if-a

anticipated-the language ever has to be construed, this 

be kept in mind. I say " not anticipated " because leg

language is unnecessary. Rights under the First Amendm

not be waived by submission to a code in accordance with 

visions of the National Industrial Recovery Act. From th

hills of fact a mountain of controversy has been made.

It was freely charged that the Administration would no

to the inclusion in the Code of the provision on the Freedo

Press; that the licensing of newspapers was contemplated 

they could look forward to administrative control simila

which is exercised over broadcasting. Only a word of co

necessary in respect of these charges.

One pronouncement-disseminated widely by certain news

was to the effect that the Freedom of the Press and even 

Amendment itself were " in the balance " because on the 

the Code as published by the Government Printing Office 

peared the statement: " The Code for the American Newspa

lishers Industry in its present form merely reflects the pro

the above-mentioned industry, and none of the provisions 

therein are to be regarded as having received the approv

National Industrial Recovery Administration as applying 

ingdustry." the Press. pinted that and inclusion Administration Office not in its But by an edition governmentally published the approved Since the of Section Government statement the of the was code. Code XI inCode quoted included Printing the The andposition applies statement was appears Office Section imperilling form to of on on Section and it withholding XI, is the the Governmeis only the Freedocover designed to the 7 a charge (a) propoof its of e
74

which must be textually included in every code, so if this rea

good the statement puts the Administration in the position o

the inclusion of Section 7 (a) always " in the balance ". O

such " reasoning " is nonsensical.

As for the fears as to the licensing of the press, no exp

the fears ever cited any statement or act by any responsi

ernment official which contemiplated the use of the licensin

Those who talk about licensing completely ignore the fact 

licensing provision of the Act is in a section entirely ap

the section under which codes are presented; that the p

the President are carefully circumscribed; that he niiy 

then only if he finds that " destructive wage or price cutting 

activities contrary to the p)oljcy of " the Recovery Act 

practiced in any trade or industry; and that he iust giv

notice and hearing before he can act.

It is hardly necessary to remark that the radio analogy 

larly inapposite. Broadcasting without some government 

sion is hardly conceivable. A newspaper can be printed in 

that the proprietor desires without preventing the ptiblic

another newspaper. Unless broadcasters are limited to 

wave lengths they interfere with each other. A newspape

its conpetitol's type, but without government control 

lengths we would have syinphoinies, bedtime stories, croon

astrological lore all imixed up in an unintelligible melee o

In the light of this fundamental difference. newspapers 

papers ought not to think that so long as free governiment l

ic control of broadcasting is any precedent for public su

of publishing.

So imuch for the straw-imian issue of Fr(edoim of the Pre

Code as reconnended for approval reserves to newspape

their rights under the First Amendment. The reservation 

terms of Section XI of the Code as put down for public 

The Freedom of the Press is guaranteed in the Code. Secti

of the Act has no connection with this Code. If newspap

the mere existence of Section 4 (b) in the Act, they shoul

their fears with the Presi(dent or with Congress and not 

National Recovery Admiinistration.

wA(rs AND 1101Ps

In respect of wages and 11olirs the Ne wspap)er Code raised 

(questions. The position of the news paper is somewhat uniq

less located in the same areas newspapers do not compete w

other. That may be said of retail establishments but. reta

more paprs lishmients small ers publishers Recovery had To above suifficient than percent find are Act the are fix aiv whose highly of reso1ircees a imminimn were vit foriiila bare te c)llectivye skilled perfectly rmaiiiifactmring miinihminv. conl i to whiei proved do that agreements earned woUld their willing a inCe(as41 wellnigh So by ininmium bit emlployees. wage an to unt WAr2cs were *v accept der iipos'sible. of for provisions wage about the th the work- emlployevs National applies to formula expir

whic

A nIt
75

increase on 1933 rates, provided that the increase should 

above the prevailing hourly rates in 1929. For such publish

formula was perfectly satisfactory. In respect of other pub

however, it was apparent that the application of such a 

would mean either:

(a) that the paper would have to reduce the number of 

in a daily issue so that unemployment would be increased, o

(b) that the paper would have to plead its financial inab

consent to such an increase.

So far as the public is concerned, the newspapers of the 

have been put in a false position. The public has generally 

that newspapers are large corporate enterprises with sur

resources which can be drawn upon during the present em

As a matter of fact, however, 1,334 newspapers have circ

below 10,000 copies per day; 2S3 have circulations between 

and 2),000; 131 have circulations between 25,000 and 50,0

only 145 have circulations above 50,000 per day. The app

of any formula for wage increases to iiewspapers of such 

different positions in respect of finances and numbers of em

would work great hardship in certain cases and be too le

other cases.

This holds true of hours as well. Severe unemployment 

printers exists in certain sections of the country. In ot

tions of the country there is less unemployment. Newspape

large staffs of manufacturing employees can rather readily 

shifts so as to share available positions among a number of 

larger than the number of available positions. A small new

however, where the editor is a substitute pressman. the com

solicits advertising and the society reporter collects bills, wou

difficulty in doing much to spread employment.

The proponents of the Code proposed a flat forty-hour week

obviously would do nothing to relieve unemployment in the 

ters where newspaper employees are now working an average 

than forty hours. On the other hand, with respect to certa

papers, a rigid maximum of forty hours would impose to

hardships.

The compromise arrived at is a basic week of forty hou

the proviso that in certain localities more hours can be wor

that in other localities fewer hours shall be worked in o

spread employment.

NEWSPAPER INDUSTRIAL BOARD

It is anticipated that by reason of the provisions of th

" that existing hourly differentials above the minimum shall 

tained papr the arise. designated select panel, of theemployees, 29047*-296-100 Industrial a " board shall in To and permanent the deal by the event of theo with maximum be Board be Code selcted -34-2 panel these selected a consisting Authority, deadlock of hours cntroversies by by five the lot. may on Administrator. impartial of and any question, four He vary, four the shall publisher labor chairmen, Code sets members act controversThese as a membeninth chairmreprup from eig
76

cast the deciding vote. Many newspapers in the United St

long been accustomed to impartial machinery for the sett

labor disputes. This machinery has been both local and 

The Code makes provision for the functioning of any 

chinerv of conference and gives the Newspaper Industri

jurisdiction a:s an appellate body in case the local mac

unable to effect the adj istment.

CHILD LABOR

'Tle < Ilestion of newsboys was exhaustively discussed at t

hearing and in briefs filed with the Administrator after th

s1in of the public hearing. Here again by reason of the 

nature of the problem in different places of publication, it w

difh-iclt to fornimlate a provision which would eliminate 

evils in the Lairge cities and not impose lndtie hardships in th

centers of pIiblicatiom. It is one thing, for example, for b

sixteen to sell paIpers on the streets of Chicago and New 

night. It is (Iilite another iiiatter for boys to get bundles 

at a railroad stationii in a siiiall city and to deliver them befo

begins.

The provision g(jIl ifying the Child Labor section of the 

hibits the employment of any persons tinder sixteen years 

such eniplovient would impair health or interfere with 

of day school. Subject to this general proviso there is no l

on the delivery of newspa pers. With respect to the selling 

papers. no )erson linder sixteen may be employed betwee

and 7 A.M. from October 1 to March 31. or between 8 

7 A.M. from April 1 to September 30. This provision, in c

with State Ia ws. will, it is believed, greatly reduce the evils 

selling. It should be pointed out, however, that such stre

will not be covered by this Code. Many minors who sell ne

are employed by news agents. or (listributors. who will not 

by the Codes provisions.

EDITORIAL W WORKERS

Similar dificilties prevented the formulation of any gen

limiting the hours of news department employees. Guilds 

paper writers formed in various sections of the country we

sented at the public hearings and have appeared in sever

conferences held after the conclusion of these hearings. Som

reu(Iiests of the news writers-for example, for notice of d

for vacations, etc.-were obviously requests that should 

through collective bargaining or directly to individual e

The newspaper guilds will doubtless engage in collective ba

there of tohours-which news and have forty hours Preident's it already gathering-is is is ahotirs t five-day a be matter limited per is worked Reemployment Agreement frequently week week cumulated of record the per aswith hours the day. necessary no basic and that of limitation In editorial compensated week many otherby and reason cases, newspapers, or on workers. time indpendently the for there of maximum in by the excess is In time eithchaa sol
77

The American Newspaper Ptiblishers' Association h as a 

partment which has adequate data on hours and wages 

facturing employees. No data are available on the hou-s a

of editorial employees. During One of the conferences 

Administrator several weeks ago the American Newtp a

lishers' Association Board decided to collect sucli data. 

tionnaire was, therefore, sent out to all newspapers i1 th

States. Replies are coming iIn and the (ode provides that 

Authority say, on the basis of this information, - determ

constitutes reasonable hours and wages for news-department, 

and, subject to the approval of the Administrator. to in

its findings in the provisions of this Code., It is expected 

it report will be made promptly.

(OMMERCIAL PRINTING

Many daily newspapers operate commercial printing 

ments or sell electrotype and photoengraving plates. Such 

cial activities of a newspaper properly come under a Grap

Code. Whatever hours and wage provisions are adopted 

Graphiv Arts Industries will cover the gra phic-arts act

newspaper proprietors. The Newspaper Code authorizes t

paper Code Authority " to coordinate the administration of 

with such other code or codes, if any, as may affect the bu

publishers assenting to this Code,"' but specifically prov

publishers " who are also engaged in the selling of printin

engraving, or other related products to others than newsp

bound by the provisions of this Code only insofar as their o

are concerned with the business of publishing newspapers." 

be noted here that weekly newspapers, most of which h

inercial printing establlishments. will come under a Grap

Code even in respect of their newspaper publishing.

THE CODE AS RECOMMENDED

The Code as recommended ma y be summarized as follow

Article I states the purposes of the Code.

Article II sets forth various definitions.

Article III provides a standard work week of forty hou

is subject to increase or decrease as explained above.

Article IV sets minimum wage scales.

Article V limits the employment of persons under sixteen 

age in delivering or selling newspapers, quotes Section 7 (

Act, and permits publishers in areas where there are " abno

ditions of business distress or where there is an acute sh

labor petition and orer the Article Article sets publishers " approving which for up VII a relief. Newspaper constitutes reserves would their the constitutional rights, Code " thcreate Industrial a President's Code (Section great Aittlhority, Board. 10 and right (b) unavoidable and makes of to gives cancel the it Act) certain or harda ; mpr
78

ment against any "pallid bu)st of Pallas"-in other words, it 

against any demolition of that great palladium of liberty-Fr

of the Press.

Article VIII fixes the effective date of the Code.

FIN DTN G S

The Adhninistrator finds that:

(a) TIe (,ode complies in all respects with the pertinent 

sions of Title I of the Act, including without limitation su

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

(b) The American Newspaper Publishers' Association imp

inequitable restrictions oil admission to imembershiP therein 

truly representative of the Daly -Newspaper Publishing B

and that

(c) The Code is not designed to proinote monopolies or t

nate or oppress small enterprises and will not operate to discim

against them, and will tend to effectuate the policy of Title 

National Industrial Recovery Act.

I recommend that the Code be approved.

Respectfully.

HUo S. JOHNSON

Administ

FEBRUARY 16, 193-.
CODE OF FAIR COMPETITION

FOR THE

DAILY NEWSPAPER PUBLISHING BUSINESS

ARTICLE I-PRPOsE

To effect the policies of the National Industrial Recovery 

following provisions are submitted as a code for daily new

and upon approval by the President shall be the standard f

newspapers subscribing or assenting thereto.

ARTICLE II-DEFTNITIONS

SECTION 1. The terms " daily newspapers " and " newspap

used herein shall include all newspapers published daily 

Sunday. The term " newspaper publishing " is defined to m

publishing of such newspapers. The term " publishers " 

elude persons actually engaged in the publishing of such new

whether individuals, partnerships, associations, trusts, or 

tions.

SEC. 2. The terms " President ", "Act ", and "Administra

used herein, shall mean, respectively, the President of the 

States, the National Industrial Recovery Act. and the Admi

of Title I of said Act.

SEc. 3. The term " employee ". as used herein, includes 

engaged on a newspaper In any capacity compensa

his services.

SEC. 4. The term " eImployer " as used herein, includes an

whom such employee is compensated or employed.

SEC. 5. The term " Code Authority " means the admin

body provided for in Article VI of this Code.

SEC. 6. Population for the purpose of this Code shall b

mined by reference to the latest Federal Census.

AwTwCiE ITI-Horns

fice, tves, more town nor additional )0, SECTION more service, than of drivers p less than 40 1. hoursr option, than Publisherns hours per and 44 sales may ;nor hours circulation 25,000 employee be more week pr shall population; worked week than in men) not (except (79) any in48 if work in any city compensated hours provided outside any any city of office per over accounting, of salesmen, week that between or 50,00 by departmin in an popeme

cle

any rep25eq
80

amount of time off. (These excepted employees, other than 

salesmen, shall not be in excess of 10 percent of the total em

of any establishment.)

The Code Authority is authorized to secure the necessary 

to determine the maximum hours and minimum wages for n

partiment workers, and, subject to the approval of the Admin

to incorporate its findings in the provisions of this Code. U

time as its findings are made a part of this Code, present co

.shall be maintained.

The provisions of this section shall not apply to professio

sons employed in their professions, to persons employed in 

agerial or personal capacity, employees on emergency, main

and repair work (including porters, janitors, engineers, firem

watchmen), nor to employees in special cases where restric

hours of highly skilled workers on continued processes wo

voidably reduce production, nor in special cases of emergen

vided, that in any such special cases the prevailing rate for 

in that department shall be paid for hours of work in exces

maximum.

SEc. 2. The maximum unit of hours to constitute a day's o

work for mechanical employees shall be 8 continuous hours, e

of lunch time.

Except as herein otherwise provided, the standard wo

shall be 40 hours.

The foregoing maximum hours of work shall not be cons

a minimum either for a day or a week, and if at any tim

locality newspaper mechanics of a given trade, through thei

representatives, express by written request to their employe

ployers a desire to share available work with bona fide 

unemployed competent newspaper mech anics in their pa

trade or craft, the number of hours of work may be adju

mutual agreement.

If local agreement proves impossible within 15 days, the 

may be appealed by either party to a local Fact Finding Boa

up of two representatives of the employer or employers 

representatives of the employees.

The local board as thus formed shall endeavor to agree u

fact with regard to the number of resident unemployed co

newspaper mechanics in the locality for the purpose of redu

number of such unemployed newspaper mechanics so far a

sible without undue hardship to either the employer or empl

his or their employees.

If a majority agreement cannot be arrived at, the four m

shall choose a fifth and impartial member of the board who 

as chairman. appeal disagree and for The board Should in make this miay with either its Code, be shall recommendations. the made the which, findings proceed employer to after the diligently and Newspaper notice or reconuendations employers or and to complete opportunity Industrial his its of orBoard the findings their for loca

the emp
81

to be heard, shall make a finding2: which shall be binudiniig 

parties of interest.

These provisions as to sharing of work ,shall not apply 

newspaper having ten or less joiiriwyinein mechanical de

employees.

If in any locality there are not available competent jou

newspaper mechamcs to permit the operation of any news

such locality on a 40-hour week, then the work week may be 

to not more than six times the maximum unit of hours hew

set forth as constitution a normal day' or night's work. 

overtime; provided that in any locality where less than 8 ho

mally constitutes a day's or night's work, then the work w

not be extended beyond six times that unit of hours unless 

be paid.

A publisher may divide an employee's work week into as 

six shifts, each of such length, not exceeding eight hour

publisher may determine, and shall have the right to desig

shifts, schedule of hours. and starting time of each employee 

time shall be worked when necessary.1

ARTICLE 1 -- W AOES

SECTION 1. No full-time employee in any of the classes m

in Article III, Section 1, shall be paid less than $15.00 per 

any city of over 500,000 population or in the immediate tr

of such city; nor less than $14.00 per week in any city of 

250,000 and 500,000 or in the immediate trade area of such 

less than $13.00 per week in any city of between 50,000 and 

or in the immediate trade area of such city; nor less than $

week in any city of between 25,000 and 50,000 population; 

than $11.00 per week in any city or town of less than 25,000 

tion; provided, that office boys and girls, and learners or 

tices, not to exceed ten percent of the total employees of an

lishment, are to be paid not less than 70 percent of the f

scale. Part-time employees shall receive pro rata rates of 

going scales.

SEC. 2. The imnimuni rate for mechanical employees, ot

apprentices and learners as hereinbefore provided for, sha

cents per hour, with the understanding that existing hou

differentials above said minimum shall be maintained 

payments for work on a piece-work basis will maintain th

tomary relationship to the payments on a time basis.

Overtime shall be paid for at the rates prevailing 

department.

SEC. 3. The provisions of this article shall not, apply to 

20% him.- mentioned or file 'SEC. See physical with below par. 4. the 1 A in of the prson handicap Code Article Exerutive minimum Authority whose V, order may Section earning fixed approving be a employed list in this 1. capacity this of Code. all Code. at such is a limited wage Ech persons not emplobecausempm
82

ARTICLE V-GENERAL LABOR PROVISIONS

SECTION 1. Publishers shall not employ persons under 16 

age except those who are able, without impairment of h

interference with hours of day school, (a) to deliver newspapers;

(b) to sell newspapers, provided that no such Person 

employed in street sales between 7 P.M. and 7 A.M. from 

1st to March 31st, or between 8 P.M. and 7 A.M. from A

to September 30th; and

(c) To perform other part time services but not in manuf

and mechanical departments, for not more than 3 hours 

between 7 A.M. and 7 P.M., provided that no person under 

of age shall be so employed.2

SEC. 2. (a) Employees shall have the right to organize 

gain collectively through representatives of their own choos

shall be free from the interference, restraint, or coercion 

ployers of labor, or their agents, in the designation of suc

sentatives or in self-organization or in other concerted activ

the purpose of collective bargaining or other mutual aid or pr

(b) No employee and no one seeking employment shal

quired as a condition of employment to join any company 

to refrain from joining, organizing, or assisting a labor o

tion of his own choosing.

(c) Employers shall comply with the maximum hours o

minimum rates of pay, and other conditions of employm

proved or prescribed by the President.

SEC. 3. A publisher assenting to this Code, in any cit

there are abnormal conditions of business distress or where 

an acute shortage of labor of any or all of the classes here

tioned, which conditions of distress or shortage of labor wi

great and unavoidable hardship, may, in a petition to the C

thority, and with its approval, obtain a stay of such provi

this Code as work the hardship, such stay, however, to be 

to approval by the Administrator.

SEC. 4. The requirements of articles III and IV shall be 

except where compliance would violate a contract now in fu

and effect which contract cannot be revised except by 

consent.

SEC. 5. Publishers shall post complete copies of this Code 

spicuous places accessible to employees.

ARTICLE VI-THE CODE AUTHORITY

SECTION 1. A Code Authority is hereby constituted to c

with SEc. the 2. The Administrator Code Authority in the administration of this Co

vided; be tion, newspaper assenting Board of 2 See appointed of letter and whom Directors to from in publishing this addition by President its the Code. President of President, the to there business General Five American Newspaper may shall shall members Johnson to to be be be serve consist three one, dated selected shall without and members February of be 10 one as Publishers members designated 17, expense hereinafmember without 1934. f
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of the following associations: The New England Daily Ne

Association, The Southern Newspaper Publishers Associa

Del-Mar-Va Association, the Inland Daily Press Associat

the Pacific Northwest Newspaper Association. The Pres

the American Nevspaper Piublisers A ss-ociation shall be th

iaiin of the Code Auithority.

SEC. 3. The Code Authority shall have the following pow

duties, iII addition to those elsewhere provided in this code

to the right of the Administrator to review any action take

(a) To adopt bylaws and rules and regulations for its pr

(b) To receive complaints of violations of this Code, make 

gations thereof, provide hearings thereon when neNessary, an

such complaints.

(c) To call for such reports anid collect such in formati

deems necessary in the administration of this Code.

(d) To coordinate the administration of this Code with su

code or codes, if any. as may affect the business of publisher

ing to this Code. Publishers who are also engaged in the 

printing, photo-engraving, or other related products to oth

newspapers are bound by the provisions of this Code only in

their operations are concerned with the business of pub ihin

papers.

(e) To secure an equitable and proportionate paymen

expense of maintaining the Code Authority and its activitie

(f) To initiate, if necessary, and reconiniend modifica

aniendinents of this Code, which, upon approval by the A

trator, shall become a part of the Code.

SEc. 4. The Code Authority shall have power to employ 

clerical, and expert help. It shall also have power to appo

agencies, and may delegate to any of them such of its pow

duties, as it shall deem necessary or proper.

SEC. 5. (a) There shall be established within ten days 

effective date of this Code a newspaper Industrial Board, c

of four publisher members to be designated by the Code A

and four members representing the employees, to be selecte

N.R.A. Labor Advisory Board, subject to the approval of 

ministrator. These eight shall select a permanent panel 

impartial chairmen, from which panel, in the event of a 

an any question, shall be chosen by lot a ninth member of th

who shall act as chairman and cast the deciding vote. The e

members or the employee menibers may. by notice in wri

move not more than two names from the permanent panel. 

cies on the panel shall be filled immediately in the manner 

the original panel was selected. Except as hereinafter provi

Board shall consider controversies arising from the applic

this method for agreement employment, employee (b) the Code, Any shall determination shall, and provides controversy be arising shall if followed pssible, have a under of method of concerning power and such be this the Board adjusted controversies. to (ode promulgate determining hours, between locally. shal wages, Where not rules an controversiand employer take and a condjuriconreg
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(c) Any such controversy which cannot be so settled 

referred to the Newspaper Industrial Board for its consi

and determination and the decision of said Board shall be 

by the parties to the controversy as effective for a provisiona

of not longer than one year, but not beyond the period of th

to be fixed by the Board.

(d) During the consideration of any such controversy 

party shall change the conditions existing at the time the con

arose, or utilize any coercive or retaliatory measures to com

other party to accede to its demands.

(e) If any controversy shall arise as to who are the represe

of the employees chosen as provided in Section 7 (a) of the N

Industrial Recovery Act, the Board shall have power to inv

and determine the question.

SEC. 6. Each trade or industrial association directly or in

participating in the selection or activities of the Code Author

(1) impose no inequitable restrictions on membership, and 

mit to the Administrator true copies of its articles of associa

laws, regulations, and any amendments when made thereto, 

with such other information as to membership, organizati

activities as the Administrator may deem necessary to effect

purpose of this Code.

SEC. 7. Nothing contained in this Code shall constitute th

bers of the Code Authority partners for any purpose. N

any member of the Code Authority be liable in any manner 

one for any act of any other member, officer, agent, or emp

the Code Authority. Nor shall any member exercising re

diligence in the conduct of his duties hereunder be liable to 

for any action or omission to act under the Code, except for 

willful misfeasance or nonfeasance.

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

monopolies or monopolistic practices, or to eliminate, opp

discriminate against small enterprises."

ARTICLE VII

Those submitting this Code recognize that pursuant to 

10 (b) of the Act the President may, from time to time, c

modify any order approving this Code, but in submitting 

scribing to this Code the publishers do not thereby consen

modification thereof, except as each may thereto subsequentl

nor do they thereby waive any constitutional rights, or co

the imposition of any requirements that might restrict or 

with the constitutional guarantee of the freedom of the press

ARTICLE VIII

approval of now ' Approved 9 Registry This See the National provided par. Code 3 2 by No. Code of of the Executive Executive shall 507-1-05. in No. Industrial President Section 288. become order 2 approving approving Recovery effective (c) and of shall 0this the on Act shall Code. continue Act. the second cease in force Monday to be until in 

LrJIvENSITN' OF FLORIDA

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