Approved Code No. 191 Registry No. 1632-26 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CINDERS, ASHES, AND 

SCAVENGER TRADE 

AS APPROVED ON DECEMBER 30, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

U.S. DEftO .... l C r- ·1. Exe utive Order 

2. Letter of Transmittal 

3. Code 

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, Government 

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

and Domestic Commerce. 

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

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

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San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash. : 809 Federal Building. 
Appro ed Code No. 191 

CODE OF FAIR COMPETITION 

FOR THE 

CINDERS, ASHES, AND SCAVENGER TRADE 

As Approved on December 30, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

An application having been duly made, pursuant to and in full 

(;Ompliance with the provi ions of Title I of the National Indu trial 

Reco ery Act, appro ed June 16, 1933, for my approval of a Code 

of Fair Competition for the Cinders, Ashes, and Scavenger Trade, 

and hearings having been held thereon and the Ad mini trator ha v- ing rendered his report containing an analysis of the said Code of 

Fair Competition together with his recomn1endation and findinl?s 

with re p t thereto and the Admini trator having foun l that the 

said Cod of Fair ompetition complies in all re pect with the 

p rtinent pro vi ion of Ti tie I of said Act and that the requirements 

of lau e (1) and (2) of ubsection (a) of Section 3 of the said 

Act ha' been m t: .._ T W THEREFORE, I Franklin D. Roo evelt Pre ident of the 

.... nited tate pur uant to the authority ve ted in me by Title I of 

h ~ .... ational In lu trial RecoYery Act approYed June 1 1933 and 

0th rwis do ad 1 t and approY the r port recommendations and 

fin ling f th A lmini Lrator and do orcl r that th ·aid ode of 

Fair ' mp titi n b and it i her b appr ved. 

AI pr Yal r mm nd l: 

H H . J liN ON 

Administrator. 

THE' \Y IIITE H -. E, 

l c mb ?' 30 1D.J3. 

1 RA l(LIN D. R E\ EL'l'. 

:.W 70°-- 0G-115-34 (5G. ) 
DECEMBER 22, 1933. 

The PRESIDENT, 

The W Mte House. 

SIR: The Hearing on the Code of Fair Competition for the Cin0-ers, Ashes, and Scavenger Trade was held in the Raleigh Hotel, 

Washington, D.C., on December 6, 1933. The Code which is at- tached was presented by duly qualified and authorized representatives of the trade, complying with statutory requirements, said to 

represent over 60% in number and volume of the trade. 

In accordance with the customary procedure, everyone present who 

had filed a request for an appearance was freely heard in public, and 

all statutory and regulatory requirements were complied with. 

The provisions of this Code have been approved by the Consumers' Advisory Board, the Indu trial Advisory Board, the · Re· 

search and Planning Divi ion, and the Legal Division; and by the 

Labor Advisory Board, with the single exception that they feel their 

Board should be granted specifi c representation on the Code 

Authority. 

THE TRADE 

Many States and municipalities have statutes and regulations 

governing the servic.es rendered by this trade, in the interest of 

public health. Most municipalities provide some of the services 

through municipal operation, particularly the removal of ashes and 

garbage. 

The trade comprises about 2,000 concerns, having an investment in 

1933 of $6,000,000. In 1928 and 1929 the trade provided employment for 15,000 full-time workers. This figure has decline l to about 

12,500 full- and part-time workers in 1933. The aggregate annual 

dollar volume has decreased from $25,000,000 in 1929 to an estimated 

$17 500,000 in 1933. 

"\Vhile in some ections of the country, where the trade has been 

well organized, wages have been maintained at the 1929 rate, in other 

sections price wars have driven wages down to as low as 10 cents per 

hour. The wages provided in this Code, according to testimony, 

will result in substantial increase in purchasing power for a con- siderable portion of the employees engaged in the trade. 

Hours of work have ranged from 54 to 63 hours per week in most 

case 1 and a great many more in some instances. The shorter hours 

provided in this Co le, it is estimated by the trade, will result in 

reemployment for about 3,000 workers. 

PROVISIONS OF THE CODE 

The Code provides minimum wage rates of 40¢ per hour in cities 

of over 50,000 population; 35 cents per hour in cities between 2,500 

(570) 
571 

nn 000 in populati n · rrn l 0 nt · 1 er hour in t wn l · than 

2 0 . 

H ur of ''ork ar limit 1 L ± h urs in an on w k and hours 

in an. 2±-hour p rio l "ith th foll wino· . · epti n : empl y on 

m rO'en_ r maint nanc r m ra n y r pair work inv lving br aleclown r prot cti n of lif or pr 1 rty · p r n r ·ularly mplo cl 

in l ri al or ffic work who r i' more than $35 p r w ek · wat hm n ''h ar p rmitt l to work 5± hours per w k. \.n mrlo ee 

w rkina in xce of th maximum hour pro' icl d shall b paid 

time an a half for overtim . Office or lerical empl y · r i ing 

• 3 or le per week hall not be permitted to work in xce . of 40 

hour in an one week. No employee hall be per mitt 1 to w rk 

m r than ix days in any seven-day period. Provi ion i · made for 

the maint nance of differentials betwe n wages above th minimum. 

Repre entation on the Code Authority is provided for all members 

of the trade. 

Trade practice provisions have been incorporat cl to eliminate 

unfair practices which have developed in the trade to the detriment 

of all intere ts. 

I find: 

(a) Thi ode complies in all .respects with the pertinent provision of Title I of the National Industrial Recovery Act, including 

without limitation, subsection (a) of ection 7 and sub ection (b) 

of section 10 thereof, an.d further provides for the reporting of any 

pertinent tati tical information lesired by the Administration. 

(b) The American Institute of Sanitation Services to be truly 

repre entative of the Cinders, Ashes, and Scavenger Trade. The 

By-Law of thi a ociation provide no inequitable restrictions to 

member hip. 

(c) The Code is not designed to promote monopolies or to eliminat or oppre s small enterpri es and will not operate to di criminate 

again t th m, and will tend to effectuate the policy of Title I of the 

National Industrial Recovery Act. 

( ) Trade practices have the upport of the majority of the 

indu tr and should increase the uniformity of practice. 

Accordingly, I recommend that the Code be approved. 

Re pectfully, 

l-lUGH S. JOHNSON, 

A dn~inistrato1'. 
CODE OF FAIR COMPETITION 

FOR THE 

CINDERS, ASHES, AND SCAVENGER TRADE 

ARTICLE I-PURPOSE 

To effectuate the policies of T itle I of the National I ndustrial 

Recovery Act, the follovving provisions are established as a Code 

of Fair Competition for the Cinders, Ashes, and Scavenger Trade, 

and shall be the standard of f air competition for such trade and 

shall be binding upon every memqer thereof. 

ARTICLE II- DEFINITIONS 

1. The term Cinders, Ashes, and Sea yenger Trade ", as used 

herein, is defined to mean : 

(a) The removing and disposing of ashes, cinders, garbage, refuse, 

building rubbish, and offal. 

(b) The installation, maintenanc , and cleaning of ces pools; 

cleaning of flooded cellars, swamps, stagnant pools, and waste pools, 

caused by overflowing of cesspools; cleaning of septic and fuel-oil 

tanks, grea e traps and garage eparators; removal of dead carca ses 

for eli posal without sale. These ervices shall be considered a part 

of the trade when performed in localities where the scavenger is 

·ommonly performing such services. 

(c) Street sprinkling and flushing; snow removal ; digging, filling. grading and leveling of premises, limiting such digging, filling, grading, and leveling to such operations as will di. tinguish the 

Tra le from that of the Excavating Contractor. 

2. The term "employee", as used herein, includes anyone engaged 

in the Trade in any capacity receiving compensation for his services, 

irrespective of the nature or method of payment of such compensation. 

3. The term ''employer", as used herein, includes anyone by whom 

uch employee is compensate 1 or employed. 

4. The term "member of the Trade", as used herein, includes any 

individual, partner hip, as ociation, corporation, or other entity, 

engaged in the Trade, a. above defined, either as an employer or on 

hi. or its own behalf. 

5. The term "Pre ·ident ", "Act", and "Admini trator ", as used 

herein, shall mean, re pectively, the President of the United St ates, 

Title I of the National Industrial Recovery Act, and the Administrator for indu. trial reco\ery. 

(572) 
573 

Cod hall bed termine by 

mploy es 

means the American 

AnTI LE III-Ho R 

1. N n pl . e ·hall b permitted to work in excess of 4 hours 

in any n week or hours in any twenty-four (24) hour period, 

ex ept a h rein otherwi e provided. A normal workday shall not 

ex eed hour . An employee working in excess of the maximum 

hour h rein proYided p r lay hall be paid one and one half (11j2 ) 

time for overtime. 

2. The maxin1tun hours fixed in the foregoing Section shall not 

apply to: 

(a) Per on regularly employed in clerical or office work who 

rec ir more than $35 per week. Such employees receiving $35 

or le · per week shall not be permited to work in excess of 40 hours 

in an one week or 8 hour in any 24-hour period. 

(b) Persons employed as watchmen. Such employees hall not 

be permitted to work in excess of 54 hours in any one week. 

(c) Employees on emergency m.aintenance or emergency repair 

work, involving breakdowns or protection of life or property, but 

in any such special case at least one and one half times the normal 

rate hall be paid for hours worked in excess of the maximum hours 

herein provided. 

3 . ..Jo employee shall be permitted to work more than six days in 

an. .· \en-day period. . 4. No employer shall knmVlngly engage any employee for any time 

which when totaled with that already performed with another employer or mployers exceeds the maximum permitted herein. 

5. Any employer who does the work of an employee shall be subject to the provision of this Code as to hours of labor. 

ARTICLE IV-\V AGE 

of 

j , comr en. at c1 on a time-rate pie cw rk or 
574 

on March 4, 1933, provided, however, that these rates shall b ubject 

to reconsideration and adjustment by the Administrator. No employer shall reduce the weekly compen ation for employment now in 

excess of the minimum waaes prescribed herein, notwithstanding 

that the hours worl.:ed in such employment may hereby be reduced. 

5. An employer shall make payments of all wages due only in 

lawful currency or by negotiable check therefor payable on demand. 

vVages shall be paid at lea t semimonthly. The e wages shall be 

exempt from any payments :for pen ions, in urance, or sick benefits, 

other than those voluntarily paid by the wage earners or required 

by law. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under 16 years of age shall be employed in the trade, 

nor anyone under 18 years of age at operations or occupations 

hazardous in nature or detrimental to health. The Code Authority 

shall submit to the Administrator before February 1, 1934, a list of 

such operations or occupations. In any State an employer shall be 

deemed to have complied with this provision if he shall have on file 

a certificate or permit duly issued by the authority in such State empowered to issue employment or age certificates or permits, showing 

the employee is of the required age. 

2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in 

self-organization or in other concerted activities for the purpose o-£ 

collective bargaining or other mutual aid or protection. 

3. No employee and no one seeking employment shall be required 

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. 

4. Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

5. \Vithin each State this Code shall not supersede any laws of 

such State imposing more stringent requirements on employers regulating the age of employees, wages, hours of work, or health, fire, 

or general working conditions than under this Code. 

6. ~very employer hall make reasonable provisions for the safety 

and health of his employees at the place and during the hours of 

their employment. This provision shall not relieve any employer 

of complying with all Federal and State laws, and municipal ordinances and regulations of safety and health. Standards for safety 

and health shall be submitted by the Code Authority to the Administrator for approval within six months after the effective date of 

this Code. 

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

Act and of this Code. 
575 

. Posting.-(a) Ea h empl tin a con pi uou place 

of ca y and ntinuou ace s to mplo. th arti l d aling with 

hour ag , an ] g neral labor provi ion of thi od . (b) ll hange in th pr i i n of h afor aid articles shall 

be po t d within n "' ek aft r u h chano·e · hav b en incorporated 

in the ode. 

9. Employers hall not engaO' part-tim employees for a period 

of le than four ( 4) consecutiv hours at any one ti•me or in any 

one lay. 

10. :Member f the Trade shall employ only subcontractors or 

other aO'encies requiring the ervices of laborers or mechanics on the 

site of the work as will pay wages not le s than the minimum rates 

of wage tablished in Article IV of this Code. 

ARTICLE ' I-ADl\IIXI TTIATION 

1. To further effe tuatc the policies of the Act, a Code Authority 

is hereby constituted to cooperate with the Administrator in the 

admini tration of this Code. 

2. The organization and con titution of the Code Authority shall 

be as follow : 

(a) The Code Authority shall consist of from five (5) to seven 

(7) individuals to be elected as hereinafter set forth to represent 

the Trade, and the Administrator, in hi discretion, may appoint 

not more than three additional members ( wi hout vote and without 

e.xpen e to the Trade) to repre ent such groups or governmental 

agencie a he may de ignate; such member , if and when appointed, 

shall be known as ' Admini tration members of the Cinders, A hes, 

and Scavenger Tra le Code Authority." 

(b) The members of the Code Authority representing the Trade 

shall be selected in the following manner : 

(1) Five (5) members of the trade shall be appointed b. the 

Board of Directors of the American In titute of Sanitation Services. 

(2) T\Vo (2) members of the trade, \Vho may or n1.ay not be mem~ 

bers of the American Institute of Sanitation Servi es mav be 

appointe l b. the Administrator. " 

(3) The five (~) individual. mentioned ]n paragraph (1) of his 

sub ction (b) hall be appointed on or before the effective date of 

thi Co and shall hold office for terms of one 3 ear each and until 

their succ ors ar appointe l. Appointments of ucce r (which 

may inclu l reappointments of original members) hall be made, 

and vacan i for unexpired terms shall be filled in the am manner 

and by th ame ag ncies a the orio·inal appointment . 3. The In titut or any As ociation dire tly or inclire tly parti ipatino· in the election or activitie of the ole Authority hall: (1) 

impo ·e no inequitable re triction on m mber hip, and (2) ubmit 

to the clmini trator true copie of it article of a ociation bylaws, 

reO'ulation , and any amendment when male thereto toO' th r ' ith 

such ther in£ rmation as to m mb r hip orO'anization an] activitie · as the \.lmini trator may le m n c · ary to ffectuate the purpo ·e. of the ct. 

4. In or l r that the Code uthority shall at all tim be truly 

repr entative of the trade and in other re pects comply with the pro-

• 
576 

visions of the Act, the Administrator may provide such hearings a!:l 

he may deem proper; and thereafter if he shall find that the Code 

Authority is not truly representative, or does not in other respects 

comply with the provisions of the Act, may require an appropriate 

modification in the method of selection of the Code Authority. 

5. The Code Authority shall have the following duties and powers to the extent permitted by the Act, subject to the right of the 

Administrator on review to dj approve any action taken by the Code 

Authority: 

(a) The Code Authority may establish divisions of the trade and 

shall designate ub-Code Authorities to assist in the administration 

of this Code in each division. The Code Authority may delegate 

to said sub-Code Authorities any of its power and authority for the 

administration .o.f this Code within the various divisions. 

(b) :Matters affecting more than one division shall be submitted 

to the Code Authority. 

(c) The Code Authority may recommend to the Administrator 

fair trade practice provisions to govern members of the trade in their 

relations with each other .or with other trades and may recommend 

to the Admini, trator measures for industrial planning including 

stabilization of employment. 

(d) Sub Code Authorities shall formulate uniform rules and 

regulations governing terms of sale and collection of accounts within 

their respective divisions. Such rules and regulations governing 

terms of sale and collections of accounts shall be filed with the Code 

Authority and shall be subject to the approval of the Administrator. 

(e) The Code Authority shall obtain from employers such reports 

in respect to busines , wages, hours of labor, etc., as the Administr·ator may require. 

6. In addition to the information required to be submitted to the 

Code Authority, there shall be furnished to government agencies 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act. 

7. Members of the trade shall be entitled to participate in and 

share the benefits of the activities of the Code Authority and to 

participate in the selection of the members thereof by assenting to 

and complying with the requirements of this Code and ·ustaining 

their reasonable share of the expenses of its administration. The 

reasonable share of the expenses of administration shall be determined by the Cole Authority, subject to review by the Administrator, on the basis of volume of business and/ or such other factors 

as may be deeme i equitable to be t aken into consideration. 

ARTICLE VII-UNFAIR TRADE PRACTI CES 

The following practices constitute unfair methods of competition 

and are prohibited: 

1. The failure to adhere to such terms of sales and enforce collections thereunder, pursuant to Article VI, Section 5, sub ection 

(d). 

2. The making or causing, or knowingly pennjtting to be made or 

-published, any false, materially inaccurate or deceptive statement 

• 
577 

nt or oth rwio ' h th r nc rning th 

f rYi , kin l f w rk of the tnul r '!' lit t rm 0 r 

h, vina th t nd n y r • pa i . t mi leal r l<' · iv oll. 

} r p iv u t m r . . m mb r of ih in1n ·try hall ·ive 1 ermit to be a1ven, or 

Er tl r off r to ooiv anythin ° f yalu for th purpo of inf1uencinb or r war ling th , a tion of any employ e, aD"ent or r rre entaiv f another in relati n to the bu ine of th employ r of uch 

mplo ee the principal of u h agent or the represent d party, 

without th knowledg of u h mploy r, principal or part . Commer ial briber provi ions hall not be on trued to prohibit free 

an 5en ral di tribution of articles c01n.111only u c l for advertising, 

exc pt o far a such articles ar actually u ed for commercial bribery 

a hereinabove definnd. 

4. ~Ialiciou Jy inducing or attempting to induce the br a h of an 

exi tina oral or written contract between a comp·"'iitor and his customer or interfering with or ob tructing the performance of any . u h contractual duties or services. 

5. The secret payment or allowance of rebate , refund , commissions credit or unearned di count , whether in the form of money 

or otherwise, or the cret extension to certain purchasers of special 

ser ices or privilege not extended to all purchasers on like term and 

conditions. 

6. The defamation of competitors by fal ely imputing to them dishonorable conduct, inability to perform contracts, questionable credit 

standing, or by other false representations or by the false disparaaement of the grade or quality of their service. 

7. Securing confidential information concerning the bu ine s of a 

competitor by a fal e or misleading statement or representation, by 

a fal impersonation of one in authority, by bribery, or by any other 

unfair method . . ~Ialiciously enticing away the employee of competitor.. with 

the purpo e and effect of hampering, injuring, or embarras ing 

competitors in their bu ine os. This provi ion shall not be interpr ted 

as I r ventino· any employ e, actin()' in good faith, accepting employment with another mployer. 

ARTICLE VIII-~IODIFI A TI X 
UNIVERSITY OF FLOR IDA 

lllllllllllllllllllllllllllllllllllllll llllllllllll lllllllllllll 

3 1262 08855 5478 

578 

ARTICLE IX- MONOPOLIES 

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. 

ARTICLE X - PRICE INCREASE 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases should be delayed and that, when made, the same should, 

so far as reasonably possible, be limited to actual increases in the 

seller's cost. 

ARTICLE XI- EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 191. 

Registry No. 1632-26. 

0