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Approved Code No. 65-Amendment No. 1 Registry No. 1702-2-0t 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

ADVERTISING SPECIALTY 

INDUSTRY 

AS APPROVED ON JANUARY 15, 1935 

UN\\/. Of· FL LIi. WE DO OUR PART 

A t. l 0--: .,.. • ...... . 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1935 

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Approved Code No. 65-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ADVERTISING SPECIALTY INDUSTRY 

As Approved on January 15, 1935 

ORDER 

APPROVING AMENDMENT OF CODE OF F .AIR COMPETITION FOR THE 

ADVERTISING SPECIALTY 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 amendments 

to a Code of Fair Competition for the Advertising Specialty Industry, and hearings having been duly held thereon and the annexed 

report on said amendments, containing findings with respect thereto, 

having been made and directed to the President: 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwise; does hereby incorporate, 

by reference, said annexed report, and does find _that said amendments and the Code as constituted after being amended comply in 

all respects with the pertinent provisions and will promote the policy 

and purposes of said Title of said Act, and does hereby order that 

said amendments be and they are hereby approved, and that the 

previous approval of said Code is hereby amended to include an 

approval of said Code in its entirety as amended; provided, however, 

that the conditions set forth in the Executive Order of Approval, 

dated October 31, 1933, shall remain in effect. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Adm.inistrative Officer. 

Approval recommended: 

KILBOURNE JOHNSTON, 

Acting Division Administrator. 

w ASIDNGTON, D. c., 

January 15, 1935. 

109334°-1465-91-35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT 

The White House. 

Sm: This is a report on the amendment of the Code of Fair Competition for the Advertising Specialty Industry, as approved by you 

on October 31, 1933. Application was duly made by the Code Authority for the Advertising Specialty Industry for amendments to 

Article II, Sections (a) an 1 (b) ; Article III, Section 1; and 

Article VII, Paragraph A of the Code of Fair Competition for this 

Indu try. A Public Hearing on certain amendments that were germane to these present amendments was held on May 7, 1934. Fair 

notice of opportunity to be heard on these present proposed amendments was given to all interested parties. 

The purpose and effect of these amendments is: 

(1) To more clearly and restrictively define the definition of this 

Industry; 

(2) To set forth more definitely the hours limitation; 

(3) To include provisions forbidding subterfuge, requiring establishment and submission to the Administration of standards of 

safety and health, requiring the posting of labor provisions, and forbidding dismissal for complaints; 

(4) To provide representation for jobbers on the Code Authority, 

thus making representation more equitable; and 

( 5) To more adequately set forth the powers and duties of the 

Code Authority. 

The Assistant Deputy Administrator in his final re.port to the 

National Industrial Recovery Board on said amendments to said 

Code, having found as herein set forth, and on the basis of all the 

proceedings in this matter : 

Said Board finds that: 

(a) Said amendments to said Code and the Code as amended are 

well de igned to promote the policies 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, a.nd will provide for the general welfare by promoting the organization of lndustry for the purpose of 

cooperative action among trade groups, by inducing and maintaining united action of labor and management under adequate Governmental sanction and supervision, by eliminating unfair competitive 

practices, by promoting the fullest possible utilization of the present 

productive capacity of Industries, by avoiding undue restrictions of 

production ( except as may be temporarily required), by increasing 

the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standard of labor, and by otherwise rehabilitating industry. 

(2) 
3 

(b) The Code as amended 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 Seeton 7 and 

Subsecton (b) of Section 10 thereof. 

( c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the Industry as a whole. 

( d) The amendments and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

( e) The amendments and the Code as amended are not designed to 

and 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 

amendments. For these reasons, therefore, said Board has approved said amendments. 

For the National Industrial Recovery Board: 

J .ANU.ARY 15, 1935. 

W. A. liARRIM.AN, Aclrtninistrative Officer. 
M1ENDMENT TO CODE OF FAIR COMPETITION FOR 

THE ADVERTISING SPECIALTY INDUSTRY 

ARTICLE II 

Delete Article II, Section (a), substituting therefor: 

" (a) The term 'Advertising Speciality Industry' or 'Industry' 

as used herein is defined to mean and include the manufactur~ 

(fabrication and/or assembly), and/or sale by the manufacturer 

and/ or jobber of the products of this Industry or any one of them". 

Delete Article II, Section (b), substituting therefor: ~, (b) The term 'Products of this Industry' or 'Products' is 

defined to mean and include all articles specifically designed and 

made for advertising purposes and incorporating the advertising 

integrally on or as a part of the article, together with parts of the 

foregoing articles which incorporate the aforementioned advertising copy when manufactured ( fabricated and/ or assembled), such 

articles being given away to the ultimate consumer. 

ARTICLE III 

SECTION 1. Delete, substituting therefor the following: 

"Section 1. (a) No employee shall be permitted to work in excess of forty ( 40) hours in any one week or eight (8) hours in any 

twenty-four (24) hour period, except as herein otherwise expressly 

provided ". 

" Section 1 (b). The maximum hours fixed in Section 1 (a) shall 

not apply to employees for twelve (12) weeks in any fifty-two (52) 

weeks period during which time overtime shall not exceed eight (8) 

hours in any one week; provided, that at least one and one-half 

(11⁄2) times the regular rate shall be paid for hours worked in 

excess of eight (8) hours in any twenty-four (24) hour period or 

forty (40) hours in any seven (7) day period". 

" SECTION 1 ( c) No employee shall be permitted to work more 

than six days in any seven day period, except watchmen may be 

permitted to work thirteen (13) days in any fourteen (14) day 

period. 

" SECTION 1 ( d) The maximum hours fixed in Section 1 (a) shall 

not apply to watchmen, provided that watchmen shall not be permitted to work in excess of forty-eight (48) hours per week." 

ARTICLE IV 

To Article IV add the following provisions : 

" ( f) Sub terf ug e F orbidden.-N o employer hall reclassify em - ployees or duties of occupations performed or engage in any other 

(4) 
5 

subterfuge so as to defeat the purposes or prov1s10ns of the Act 

or of this Code. 

"(g) Standards for Safety and Health.-Every employer shall 

provide for the safety and health of employees during the hours 

and at the places of their employment. Standards for safety and 

health shall be submitted by the Code Authority to the National 

Industrial Recovery Board before March 1, 1935. 

"(h) Posting Required.-All employers shall post and keep posted 

copies of this Code in conspicuous places accessible to all employees. 

Every member of the Industry shall comply with all rules and regulations relative to the posting of provisions of Codes of Fair Competition which may from time to time be prescribed by the National 

Industrial Recovery Board. 

"(i) Dismusal for Ooniplaints Forbidden.-No employee shall be 

discharged, demoted, or otherwise discriminated against by reason 

of making a complaint or giving evidence with respect to an alleged 

vio,lation of this Code." 

ARTICLE VII 

Substitute the following for Article VII, Paragraph (a): 

" (a) To effectuate further the policies of the Act, a Code Authority for the Advertising Specialty Industry is hereby designated to 

administer this Code. 

"1. The Code Authority shall consist of five representatives of the 

Industry, four of whom shall be manufacturers and one of whom 

shall be a jobber, to be elected by a fair method of selection approved 

by the National Industrial Recovery Board and in addition there 

may be three members, without vote, to be known as Administration 

Members, to be appointed by the National Industrial Recovery Board 

to serve for such terms as it may specify. 

"2. Each trade association, directly or indirectly, participating in 

the selection or activities of the Code Authority shall (1) impose no 

inequitable restrictions on membership, and (2) submit to the National Industrial Recovery Board true copies of its articles o:f association, by-laws, regulations and any amendments when made thereto, 

together with such other information as to membership, organization 

and activities as the National Industrial Recovery Board may deem 

necessary to effectuate the purposes of the Act. 

" 3. In order that the Code Authority shall at a.ll times be truly 

representative of the Industry and in other respects comply with the 

provisions of the Act, the National Industrial Recovery Board may 

prescribe such hearings as it may deem proper and thereafter, if 

it shall find tha.t 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. 

"4. If the National Industrial Recovery Board shall determine 

that any action of the Code Authority, or any agency thereof, may 

be unfair or unjust or contra.ry to the public interest, the National 

Industrial Recovery Board may require that such action be suspended 

to afford an opportunity for investigation of the merits of such action 

and further consideration by the Code Authority or agency pending 
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3 1262 08338 102 9 

final ;ction which shall not be effective unless the National Industrial Recovery Board approves or unless it shall :fail to disapprove 

after thirty (30) days' notice to it of intention to proceed with such 

action in its original or amended :form. 

"5. The Code Authority shall have power to investigate alleged 

violations of this Code and acts or courses of conduct by any member which are or appear to be contrary to the policy of the Act o? 

which tend or may tend to render ineffective this Code and to report 

the same with recommendations to the National Industrial Recovery 

Board. 

" 6. The Code Authority shall use such trade associations and 

other agencies as it deems proper for the carrying out of any of its 

activities provided for herein, provided that nothing herein shall 

relieve the Code Authority of its duties or responsibilities under this 

Code and that such trade associations or agencies shall at all times 

be subject to and comply with the provisions hereof. 

" 7. The Code Authority may appoint a Trade Practice Committee 

which shall meet with the Trade Practice Committees under such 

other Codes as may be related to this Industry for the purpose of 

formulating Fair Trade Practices to govern the relationship between 

production and distribution employers 1...nder this Code and under 

such others to the end that such Fair Trade Practices may be proposed to the N dional Industrial Recovery Board as .amendments to 

this Code and such other Codes. 

"8. Nothing contained in this Code shall constitute the members 

of the Code Authority partners for any purpose; nor shall any 

member of the Code Authority be liable in any manner to any one 

for any act of any other member, officer, agent or employee of the 

Code Authority; nor shall any member of the Code Authority, 

exercising reasonable diligence in the · conduct of his duties hereunder, be liable to any one for any action or omission to act under 

this Code, except for his own wilful malfeasance or nonfeasance. 

"9. The Code Authority may recommend to the National Industrial Recovery Board any action .or measures deemed advisable, 

including further fair trade practice provisions to govern members 

of the industry in their relations with each other or with other 

industries; measures for industrial planning, and stabilization or 

employment; and including modiflcations of this Code which shall 

become effective as part hereof upon approvaf' by the National 

Industrial Recovery Board after such notice and hearing as it may 

spec1 .f y . " . . 

Approved Code No. 65-Amendment ·No. 1. 

Registry No. 1702-2--01. 

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