NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

INSULATED CONTAINER 

MANUFACTURING INDUSTRY 

AS SUBMITTED ON AUGUST 24,1933 

REGISTRY No. 1629-1-03 

The Code for the Insulated Container Manufacturing Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

to be regarded as having received the approval of 

I " t 

the National Recovery Admin\stration 

as applying to this industry 

'"UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

I 

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NATIONAL INDUSTRIAL RECOVERY CODE 

AS PRESENTED BY THE INSULATED CONTAINER ASSOCIATION 

I 

This Code is set up for the purpose of increasing employment, 

establishing fair and adequate wages, effecting necessary reduction 

of hours, improving standards of labor, and eliminating unfair trade 

practices, to the end of rehabilitating the insulated container industry and enabling it to cooperate to the fullest extent in putting into 

effect the provision of the National Industrial Recovery Act. 

II 

The tenn "employer" as used herein shall include every person 

promoting, or actively engaged in, the manufacture or assembling 

for sale of the products of the jnsulated container manufacturing 

industry. The term "effective date" as used herein is defined to be 

the eleventh day after this Code shall have been approved by the 

President of the United States. 

III 

As required by Section 7 (a) of Title I of the National Industrial 

Recovery Act, the following provisions are conditions of this Code: 

" ( 1) That 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 

· of collective bargaining or other mutual aid or protection; (2) 

that 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; and (3) that employers shall comply with the 

maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President." 

IV 

(a) On and after the effective date employers shall not employ any 

person under the age of 16 years. 

(b) On and after the effective date the minimum wage that shall 

be paid by any employer to any employee engaged in the processing 

of products of the insulated-container manufacturing industry and 

jn labor operations directly incident thereto shall be 40 cents per 

8170-33 (1) 
2 

hour, unless the rate per hour for the same class of labor on July 15, 

1929, was less than 40 cents, in which case the rate per hour shall be 

not less than the rate per hour paid on July 15, 1929, And provided 

also that in no event shall the rate per hour be less than 30 cents per 

hour: And provided fwrther, That casual and incidental labor and 

learners may be paid not less than 80 percent of such mini1num wage, 

but the total amount paid to such casual and incidental labor and 

learners shall not exceed in any calendar month 5 percent of the 

total wages paid to all process labor by such employer. 

(c) On and after the effective date the minimum wage that shall 

be paid by any employer to all other employees, except commission 

sales people shall be at the rate of $15.00 per week in any city of 

500,000 population, or in the immediate trade area of such city; or 

$14.50 per week in any city of between 250,000 and 500,000 population, or in the immediate trade area of such city; or $14.00 per week 

in any city of between 2,500 and 250,000 population, or in the immediate trade area of such city; and in towns of less than 2,500 

population employers shall increase all wages by not less than 20 

percent : Provided, That this shall not require wages in excess of 

$12.00 per week: And provided further, howeve1·, That office boys 

or girls, learners, and casual employees may be paid not less than 80 

percent of such minimum wage, but the total amount paid to such 

office boys or girls, learners, and casual employees shall not exceed 

in any calendar month 5 percent of the total amount paid by such 

employer to all employees covered by the proYisions of this 

paragraph (c). 

v 

EMPLOYERS SHALL NOT OPERATE ON A SCHEDULE OF HOURS 

(a) On and after the effective date, for persons engaged in the 

processing of products of the insulated container-manufacturing industry, and in labor operations incident thereto, in excess of 40 hours 

per week. 

(b) For all other employees, except executive, admini trative, and 

supervisory employees and traveling salesmen, and watchmen, in 

excess of 40 hours per week: Provided, however, That the limitations 

in these paragraphs (a and b) shall not apply if seasonal or peak 

demand results in an unusual and temporary burden on production; in such cases no employees shall be permitted to work more 

than an aggregate of 144 hours per year in excess of the limitations 

hereinbefore provided, And Provided fwrther, That such limitations 

shall not apply in cases of emergency. 

VI 

(a) It is dearly understood that nothing in this Code shall impair 

in any particular the constitutional rights of the employer to protect his business and property from the unlawful activities of others. 

(b) It is clearly understood that nothing in this Code shall impair 

in any particular the Constitutional rights of the employee and 

employer to bargain individually or collectively as may be mutually 
3 

satisfactory to them; nor impair the joint right of employee and 

employer to operate an open shop. 

(c) Nothing in this Code is to impair the Constitutional rights of 

employers of freedom in the selection, retention, and advancement 

of employees. 

(d) Nothing in this Code shall authorize any change in the maximum hours of labor, minimum rates of pay or other conditions of 

employment specified in this Code, without the agreement of a truly 

representative association or group of trade or industry, or subdivi-

·ion thereof, to which this Code applies. 

VII 

The Insulated Container Association is hereby designated as the 

agency for administering, supervising, and promoting the performance of the provisions of this Code by the members of the insulated 

<:ontainer manufacturing industry. 

vVith a view to keeping the President of the United States and 

the Administrator informed as to the observance or nonobservance of 

this Code, and as to whether the insulated container manufacturing 

industry is taking appropriate steps to effectuate in all respects the 

declared policy of the National Industrial Recovery Act, each employer shall prepare and file with the Executive Secretary of the 

Insulated Container Association at such times and in such manner 

as may be prescribed by the Executive Committee, statistics of plant 

capacity, volume of production, volume of sales in units and dollars, 

number of persons employed, wage rates, earnings, hours of work, 

costs, prices quoted, prices received, contracts made, and such other 

similar statistical data as the Executive Committee of the Insulated 

Container Association may from time to time require. 

Except as otherwise provided in the National Industrial Recovery 

Act all statistical data filed in accordance with the provisions of this 

Article shall be confidential and the data of one employer shall not 

be revealed to any other employer. For the purpose of administering 

or enforcing the provisions of this Code, the duly authorized representatives of the Executive Committee of the Insulated Container 

Association shall have access to any and all statistical data that may 

be furnished in accordance with the provisions of this Code. 

VIII 

Any manufacturer of insulated containers may participate in this 

Code and in any revisions or additions thereto and receive the benefits thereof by accepting the proper pro rata share of the cost and 

responsibility of creating and administering it, by becoming a member of the Insulated Container Association and subscribing to its 

Code. 

IX 

Every employer shall use an accounting system which conforms to 

the principles of and is at lea t a detailed and complete as the uniform and standard method of accounting and costing as prepared by 

the Insulated Container Association. 
4 

X 

No employer shall sell or exchange any product of his mannfacture at a price or upon such terms or conditions that will result in 

the customer paying for the goods received less than the average 

industry cost for a product of like design and quality, determined in 

accordance with the uniform and standard method of costing hereinabove prescribed: P1·ovided, however, That dropped lines, seconds,. 

or inventories which must be converted into cash to meet emergency 

needs may be disposed of in such manner and on such terms and conditions as the supervisory agent may approve and as are necessary to 

move uch product into buyers' hands: And provided fwrther, That 

selling below average industry cost in order to meet existing foreign 

competition on products of equivalent design, character, quality, or 

specifications shall not be deemed a violation of this Article. If 

formal complaint is made that the provisions of this Article have 

been violated by any manufacturer, the Executive Secretary may 

investigate the facts and to that end may cause such audit to be made 

as may be deemed necessary. 

XI 

Within ten days after this Code become effective, each manufacturer shall file with the Executive Secretary a net price list, or 

price list and discount sheet, as the case may be, individually prepared 

by him showing his current minimum net prices, or prices and maximum discounts, terms of payment, and freight or other allowances,. 

and the Executive Secretary shall immediately send copies thereof to 

all known manufacturers of similar products who are sub cribers to 

this Code and are members of the Insulated Container Association. 

Revised price lists with or without discount heets may be filed from 

time to time thereafter with the Executive Secretary by any manufacturer to become effective ten days from the date of such file. 

Copies thereof, with notice of the effective date specified shall be 

immediately sent by the Executive Secretary to all other member 

manufacturers of similar products who thereupon may file, if they so 

de ire, revisions of their price list or discount sheet which hall become effective upon the date when the revised price li t or discount 

sheet first filed shall go into effect. 

No employer shall sell directly or indirectly by any mean , trick,. 

device, or subterfuge whatsoever, any product of the industry covered 

by the provisions of this Article at a price lower or at discounts 

greater or on more favor.able terms of payment tha.n tho e provided 

in his current price lists and discount sheets. 

XII 

The Pre id nt may from time to time cancel or moL1ify any order, 

approval, li ense, rule, or regulation i ued under Title I of the 

National Industrial Recovery Act. 

XIII 

uch of the I rovi ion of thi · Cod a, are not r quired by the 

National Industrial Recovery Act to be inclu le l h rein may with 
5 

the approval of th President of the United States, be modified or 

-eliminated as changed circumstanc s or experi nces may indicate. 

This Code is intended to be a basic code, and study of the trade 

practices of the in ulated container manufacturing industry will be 

continued by the Executive Committee of the Insulated Container 

Association with the intention of submitting from time to time additions to this Code applicable to all employers in the in ulated container manufacturing industry and upplemental Codes applicable 

to one or more branches of subdivisions or product classifications of 

the insulated container indu try, such upplemental Codes, however, 

to conform to and be consister1t with the provisions of this Code as 

now constituted or hereafter changed. 

XIV 

If any employer of labor in the in ulated container manufacturing 

industry is also an employer of labor in any other indu try, the provisions of this Code shall apply to an l affect only that part of his 

business which is included in the in ulated container manufacturing 

industry. 

XV 

It is agreed that thi. code of fair competition does not cover the 

1nanufacture of glass blanks or "pi tons", which is an essential 

though minor part of this industry, it bein~ understood that those 

manufacturers of the In ulated Container As ociation who are engaged in the manufacture o.f such component part,s will join an appropriate association within the glass industry to which this product 

confCJrms, adopt the code agreed upon by that industry and abide by 

it prov~sions. 

The above i a true copy of the code of fair competition submitted 

by the Insulated Container Association, Norwich, Connecticut. 

A. R. PAYSON, President. 

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UNIV ERSITY OF FLORIDA 

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