Approved Code No. 347-Supplement No. 29 Registry No. 1605-02 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

BAKERY EQUIPMENT 

MANUFACTURING INDUSTRY 

(A Division of the Machinery and Allied Products Industry) 

AS APPROVED ON JULY 13, 1934 

I I I 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 347-Supplement No. 29 

SUPPLEl\1ENTARY CODE OF FAIR COMPETITION 

FOR THE 

BAKERY EQUIPMENT MANUFACTURING 

INDUSTRY 

As Approved on July 13, 1934 

ORDER 

APPROVING SUPPLEMENTARY CoDE OF F Am CoMPETITION FOR THE 

BAKERY EQUIPMENT MANUFACTURING INDUSTRY 

A DIVISION OF THE MACHINERY AND ALLIED PRODUCTS INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Supplemental Code of Fair Competition for the Bakery Equipment Manuiacturing Subdivision of Machinery and Allied Products Industry, 

and hearings having been duly held thereon and the annexed report 

on said Supplemental Code, containing findings with respect thereto, 

having been made and directed to the President: 

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

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

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

1933 and otherwise; do hereby incorporate by reference said annexed report and do find that said Supplemental Code complies in all 

respects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act; and do hereby order that 

said Supplemental Code of Fair Competition be and it is hereby 

approved. 

HuGH S. JoHNsoN, 

Admini.strator for lndW3trial Recovery. 

Approval recommended: 

BARTON w. MURR4 Y, 

Division Administrator. 

WASHINGTON, D.C., 

July 13, 1934. 

73631°----8~9-64----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lV hite House. 

SrR: This is a report on the Supplemental Code of Fair Competition for the Bakery Equipment Manufacturing Subdivision of the 

Machinery and Allied Products Industry, public hearing having been 

conducted thereon in 'V ashington, D.C., December 21, 1933, in accordance with the provisions of Title I of the National Industrial 

Recovery Act. Every person who filed a request for an appearance 

was freely heard in public and all statutory and regulatory requirements were complied with. 

GENERAL STATEl\fENT 

The Bakery Equipment Manufacturers Association, being truly 

representative of this subdivision of the Machinery and Allied Products Industry, has elected to avail itself of the option of submitting 

a Supplemental Code of Fair Competition, as provided in Paragraph (2), Article I of the Basic Code for the :Machinery and Allied 

Products Industry approved by you on the seventeenth day of 

~!farch, 1934. 

This Subdivision represents a part of the capital goods industry, 

manufacturing for sale bakery machinery, ovens, and general equipment and appliances, accessories thereto and parts thereof, and includes all those engaged in such manufacture for sale, excepting, 

however, those who are engaged in the manufacture of equipment, 

appliances and accessories and parts therefor coming within the definition of another industry as defined in an approved code for such 

other industry and who are not otherwise employers within the 

scope of the definition of this Subdivision. 

ECONO:M:IC EFFECT 

This Subdivision in 1929 employed approximately 3,700 persons, 

including office workers. Estimated employment of factory workers 

declined from 2,927 in 1929 to 1,908 in the second quarter of 1933, 

or 34.8 per cent and increased thereafter to approximately 2,t106 

worker~ in the last quarter of 1933, or 26.1 per cent. Employment 

for the last quarter of 1933 was 17.8 per cent below the 1929 level. 

Annual sales of the Subdivision, based on estimates furnished by 

the Bakery Equipment Manufacturers' Association, declined from 

$24,700,000 in 1929 to $11,500,000 in 1932, or 53.4 per cent, and in- creased thereafter to $14,600,000 or 27.0 per cent. Sales for the year 

1933 were 40.9 per cent below the 1929 level. 

Approximately 49 percent of the workers were working more than 

40 hours per week during June 1933. The average work-week 

(2) 
3 

declined from 50.8 hours in June 1929 to 36.5 in November 1933, or 

28 per cent. 

E. timated average man-hours per we.ek declined from 148,690 in 

1929 to 75 175 in the second quarter of 1933, or 49.4 per cent and 

increa eel thereafter to 87,820 in the la t quarter of 1933, or 16.8 per 

cent. ~Ian-hour requirements for the last quarter of 1933 were 40.9 

per ce.nt below the 1929 level. Until there i a further increa e in 

man-hour requirements, the adoption of the 40-hour week will cause 

no increase in employment in this Subdivision. 

Approximately 18.8 per cent of the factory workers in June, 1933 

were receiving le s than 40 cents per hour; 14.8 per cent were receiving less than 38 cents per hour · 11.0 per cent were receiving less 

than 36 cents per hour; and 6.0 per cent were. r eceiving le s than 

32 cent per hour. Based on the eli tribution of hourly rates in June, 

1933, the adoption of the minimum. wage rates provided by the code 

i expected to be accompanied b} an increase in total payrolls which 

probably will not exc eel 2.5 per cent assuming only upward adjustment in the brackets below the 40-cent minimum and no change in 

man-hour requirements. 

RESUl\IE OF THE SUPPLEMENTAL CODE 

Article I states the purpo e of the Supplemental Code. 

Article II accurately defines specific terms employed in this Supplemental Code. 

Article III. The labor provisions of the Basic Code for the Machinery and Allied Products Industry as approved :March 17 1934, 

are incorporated by r eference as the labor provisions of this Supplemental Code. 

Article IV adopts the relevant portions of Article II, "Definitions" and Article VI, "Admini tration "; and Articles VIII, "Modifications and Termination" of the Basic Code for the ~1achinery and 

Allied Products Industry, as approved :March 17, 1934. 

Article V e tabli hes a Code Authority consi ting of five members, 

one of whom shall be elected from the employers who are nonmembers of the Applicant. The Administrator in his discretion may 

appoint one additionaln1.ember, without vote and without expense to 

the Subdivi ion. 

Article VI contains the mandatory provisions contained in Section 

10 (b) of the Act and al o provides for the submis ion of propo eel 

amendments to the Supplemental Code. 

Article VII provides for the withdrawal of this Subdivision frmn 

jurisdiction of the Basic Code and for the continued functioning 

of this Subdivision as an individual indu try under its own code. 

Article VIII stipulates that there shall be no inequitable restric- tions and provides against monopolies. 

Article IX gives the effective date of this Supplemental Code. 

FINDINGS 

The Deputy Admini trator in his final report to me on said Supplemental Code having found as herein set forth and on the ba is 

of all the proceedings in this matter : 
4 

I find that: 

(a) Said Supplemental Code is well designed to promote the 

pvlicies and purposes of Title I of the National Industrial Recovery 

Act, including removal of obstructions to the free flow of interstate 

and foreign commerce which tend to diminish the amount thereof 

and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the 

trade groups, by inducin~ and maintaining united action of labor 

and management under adequate governmental sanctions and supervision, by eli.minating unfair competitive practices, by promoting the 

fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of production (except as may 

be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, 

by reducing and r elieving unemployment, by improving standards of 

labor and by otherwise rehabilitating industry. 

(b) Said Subdivision normally employs not more than 50,000 

employees, and is not classified by me as a major industry. 

(c) The Supplemental Code as approved complies in all respects 

with the pertinent provisions of said Title of said Act, including 

without limitation Subsection (a) of Section 3, Subsection (a) of 

Section 7, and Subsection (b) of Section 10 thereof; and that the 

applicant association is an industrial association truly representative 

of the aforesaid Subdivision of the industry; and that said association imposes no inequitable restrictions on admission to membership 

therein. 

(d) The Supplemental Code is not designed to and will not permit 

monopolies or monopolistic practices. 

(e) The Supplemental Code is not designed to a.nd will not eliminate or oppress small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Supplemental Code. 

For these•reasons, therefore, I have approved this Supplemental 

Code. 

Respectfully, 

JULY 12, 1934. 

HUGH s. JOHNSON' 

Administrato'r. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE BAKERY EQUIPlVIENT J\IANUFACTURING INDUSTRY 

A DIVISION OF THE MACH INERY AND ALLIED PRODUCTS I N DUSTRY 

AnTICLE I-PURPOSES 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Supplem.ental Code for the Bakery Equipment J\fanufacturina Subdivision of the J\1achinery and Allied Products Indu try, and together 

with the Code of Fair Competition of Machinery and Allied Products Industry, shall be the standard of fair competition for this 

Subdivision, and shall be binding on every employer therein. 

ARTICLE II-DEFINITIONS 

" Applicant " means the Bakery Equipment Manufacturers Association, all members of which are engaged in the manufacture for 

sale of the products of the Bakery Equipment J\1anufacturing Subdivision of the J\1achinery and Allied Products Industry. 

"Indu try" means the Machinery and Allied Products Industry, 

as defined in its Code of Fair Competition as approved by the 

President and as such definition may from time to tim~ be amended. 

('Subdivision" means the Bakery Equipment Manufacturing Subdivision of the Machinery and Allied Products Industry as defined 

and set forth in Paragraph 2, Article II of the Code of Fair Competition of Machinery and Allied Products Industry as follows: 

"Bakery Equipment Manufacturing Subdivision means the manufacture for sale of bakery machinery, ovens, an l general equipment 

and appliances, acce sories thereto and parts thereof, and includes 

all those engaged in such manufacture for sale, excepting, however, 

those who are engaged in the manufacture of equipment, appliances 

and acces ories and parts therefor coming within the definition of 

another industry as defined in an approved code for such other industry and who are not otherwise employers within the scope or the 

definition of this Subdivision." 

" Code" means the National Indu trial Recovery Code of the 

Machinery and Allied Products Industry as approved by the President J\farch 17, 1934, and as from time to time amended. 

"Person" means a natural p(}rson, a partnership, a corporation, 

an association, a trust, a trustee, a trustee in bankruptcy, a receiver 

or other entity. 

"Employer" means any person engaged in this Subdivision either 

on his own behalf or as an employer of labor. 

_(5) 
6 

" The Act " means Title I of the National Industrial Recovery 

Act. 

" The President" means the President of the United States. 

" The Administrator " means the Administrator for Industrial 

Recovery. 

''The Basic Code Authority" means the Code Authority for the 

Machinery and Allied Products Industry as constituted by the Code. 

"Code Authority " means the Code Authority constituted for this 

Subdivision as provided by the Code and by this Supplemental Code. 

"Group Code Authority " means the Code Authority for any 

group or product classification within this Subdivision. 

ARTICLE III-EMPLOYMENT PROVISIONS 

The following Articles of the Code, viz: Article III, "Working 

Hours "; Article IV, " "\V ages "; and Article V, " General Labor 

Provisions" are hereby made a part of this Supplemental Code, with 

the same effect as if they were written into this Supplemental Code. 

ARTICLE IV-AnoPTION OF OTHER PROVISIONS OF ConE 

The following Articles of the Code, viz : Article II, " Definitions ", 

Article VI, "Administration", to the extent that they shall be applicable to this Supplemental Code as such or as it may hereafter 

be administered as an autonomous Code, and Article VIII, "Modifications and Termination" are hereby made a part of this Supplemental Code, with the same effect as if they were written into this 

Supplemental Code. 

ARTICLE V-AnMINISTRATION 

(a) A Code Authority for this Subdivision is hereby constituted 

to administer and supervise and to facilitate the enforcement of the 

Code and of this Supplemental Code in the manner and to the extent 

provided in the Code and in this Supplemental Code. 

(b) During a period not to exceed sixty (60) days following the 

effective date and pending the election of the permanent Code Authority, the executive committee of the Applicant shall constitute a 

temporary Code Authority. The Administrator, in his discretion, 

may appoint one additional member (without vote and without 

expense to the Subdivision). 

(c) The Applicant shall, by written notice mailed to all employers 

known to the Applicant, call a meeting of employers to be held 

within sixty (60) days after the effective date for the purpose of 

adoptin~ procedural rules and regulations for the election, organization and operation of the permanent. Code Authority and electing a 

permanent Code Authority which shall consist of five members, one 

of whom shall be elected from the employers who are non-members 

of the Applicant. The Administrator, in his discretion, may appoint one additional member (without vote and without expense. to 

the Subdivision). The permanent Code Authority so elected and 

appointed shall succeed the Temporary Code Authority. Any vacancy on the Code Authority due to death, resignation or because 

a member thereof has ceased to be connected with this Subdivision 
7 

shall be filled at a meeting of employers called by the Code Authority 

on at least ten days' notice by registered mail sent to all employers 

in this Subdivision and by a vote similar to the vote by which the 

retired member was originally selected. 

In order that the Code Authority hall at all times be truly r ep- resentative of the Sub livision and in other respects comply with 

the provisions of the Act, the Administrator may prescribe 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 of the Code Authority. 

Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall 

(1) impose no inequitable restrictions on membership, and (2) sub- mit to the Administrator true copies of its articles of association, 

By-Laws, 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) 1. It being found necessary in order to support the administration of this Supplemental Code and to maintain the standards of 

fair competition established hereunder and to effectuate the policy 

of the Act, the Code Authority is authorized: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes, ancl to meet such obligations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Supplemental Code. 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 

(1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by employers of the 

Subdivision. 

(c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable 

contribution as above set forth by all employers of the Subdivision, 

and to that end, if necessary, to institute legal proceedings therefor 

in its own name. 

2. E ach employer of the Subdivision shall pay his or its equitable 

contribution to the expenses of the maintenance of the Code Authority, determined as hereinabove provided, and subject to rules and 

regulations pertaining thereto issued by the Administrator. Only 

employers of the Subdivision complying with the Supplemental 

Code and contributing to the expenses of its administration as hereinabove provided, unless duly exempted from making such contributions, shall be entitled to par-ticipate in the selection of members of 

the Code Authority or to receive the benefits of any of its voluntary 

activities or to make use of any emblem or insignia of the National 

Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obligation 

in excess of the amount thereof as estimated in its approved budget, 

except upon approval of the Administrator; and no subsequent 

budget shall contain any deficiency item for expenditures in excess 
8 

of prior budget estimates except those which the Administrator shall 

h ave so approved. (c) Action by employers in any Subdivision meeting for the election of Code Authority shall be by vote of the emplo} ers entitled to 

vote as provided in Section (d) of this Article V, and who are present in person or by proxy, each such employer to have one vote only. 

Action by employers in any Subdivision meeting for the adoption 

of procedural rules, revisions or additions to the Supplemental Code, 

or the transaction of other business of the Subdivision under this 

Supplemental Code, shall be by vote of ihe employers in the Subdivision who are entitled to vote thereat as provided in Section (d), 

Article V of the Supplemental Code and are present in person or by 

proxy duly executed and filed with Code Authority; cast and computed on the basis of one vote for each employer. 

(f) Employers in this Subdivision having a common interest and 

eommon problems may be grouped by Code Authority for administrative purposes. There may be a. Group Code Authority approved 

or appointed by Code Authority for each such group. 

(g) If formal complaint is made to Code Authority that provisions of this Supplemental Code have been violated by any employers, Code Authority or the proper Group Code Authority may 

to the extent permitted by the Act, cause such investigation or audit 

to be made, as may be deemed necessary. If such investigation is 

made by Group Code Authority, it shall report the result of such 

investigation or audit to Code Authority for action. 

(h) The Code Authority may appoint a Trade Practice Committee which shall meet with the Trade Practice Committee appointed 

under such other Codes as may be related to the Trade Subdivision 

for the purpose of formulating fair trade practices to govern the 

relationships between production and distribution employers under 

this Supplemental Code and under such others to the extent that 

such fair trade practices may be proposed to the Administrator as 

amendments to this Supplemental Code and such other codes. 

ARTICLE VI-Mo DIFICATIONS 

(a) As provided by Section 10 (b) of the Act, the President may 

from time to time cancel or modify any order, approval, license, 

rule or regulation issued under Title I of the Act. 

(b) Any amendments, additions, revisions, or supplements of 

this Supplemental Code, proposed by Code Authority, and author- ized by the majority vote of the employers shall be in full force 

and effect upon approval by the President. The eligibility requirements, method and effect of such voting shall be the same as proyided by Article V hereof. 

ARTICLE VII-WITHDRAWAL 

Upon thirty days' notice to the Basic Code Authority and to the 

Administrator, this Subdivision may, upon the concurring affirmative 

vote of employers, within the said Subdivision, entitled to cast twothirds or more of all the votes that might be cast by all employers 

within the Subdivision entitled to vote thereon, withdraw from the 
9 

jurisdiction of the Basic Code Authority. The eligibility of voters 

and the method and effect of such voting shall be in accordance with 

the provisions of Article V hereof. After and in the event such 

withdrawal is accomplished, this Supplemental Code, together with 

the provisions of the Code, shall become and be the sole code governing this Subdivision and the Code Authority shall, f or thi Subdivision, become and be the sole Code Authority and shall perform all 

the functions with respect thereto. 

ARTICLE VIII-MoNOPOLIES 

Applicant imposes and shall impose no inequitable restrictions 0n 

membership therein. The Supplemental Code presented by it is not 

designed to promote monopoly and shall not be so construed or 

applied as to oppress or eliminate small enterprises or discriminate 

against them, and is designed to effectuate the policy of the Act. 

ARTICLE IX-EFFECTIVE DATE 

This Supplemental Code shall become effective and binding on 

all persons engaged in the Subdivision on the eleventh day after its 

approval. 

Approved Code No. 347-Supplement No. 29. 

Registry 1605-{)2. 

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UNIVERSITY OF FLORIDA 

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