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Approved Code No. 374 Registry No. 1658-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

TANNING EXTRACT 

INDUSTRY 

u 

AS APPROVED ON MARCH 29, 1934 

WE DO OUR PART 

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., 

UNITED STATES 

GOVER~l'VI T PRINTING OFFICE 

W ASIDNGTON : 1934 

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Approved Code No. 37 4 

CODE OF FAIR COMPETITION 

FOR THE 

TANNING EXTRACT INDUSTRY 

As Approved on March 29, 1934 

ORDER 

APPROVING CoDE OF FAIR CoMPETITION FOR THE TANNING ExTRACT 

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 Code 

of Fair Competition for the Tanning Extract Industry, and hearings 

having been duly held thereon and the annexed report on said 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 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 Code of Fair Competition be and it is hereby approved; provided, however, that within ninety days I may direct that there be 

a further hearing on such of the provisions of said Code as I may 

designate, and that any order which I may make after such hearing 

shall have the effect of a condition on the approval of this Code. 

HUGH s. JOHNSON' 

.Administrator for I ndustrial Recovery. 

Approval recommended: 

GEo. L. BERRY, 

Division .Administrator. 

w ASE.l::\GTON, D.C., 

11! arch £9, 1934. 

50006°-425-180--34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR : This is a report of the hearing on the Code of Fair Competition for the Tanning Extract Industry, conducted in Washington 

on February 20, 1934, in accordance with the provisions of Title I 

of the National Industrial Recovery Act. 

HOURS AND WAGES 

This Code provides an average of not more than 40 hours per 

week in any period of two consecutive weeks. The usual exceptions 

are made in regard to non-productive employees. Office employees 

are limited to an average of 40 hours per week over a 13 week period. 

The minimum wage rate in the North for hourly paid employees 

is 35¢ per hour. In the South the minimum wage rate for hourly 

paid employees is 30¢ per hour. Office employees will receive a 

minimum wage of $16.00 per week. 

OTHER PROVISIONS 

Provi ion is made for furnishing the Administrator with such 

stati tical data as he may require. 

ECONOMIC EFFECT OF THE CODE 

The Industry employed in 1929 approximately 900 persons. In 

November, 1933 employment had increased about 15% over June, 

1929, and about 30% over June, 1933, reflecting the effect of the 

President's Reemployment Agreement: The hour schedule of the 

Code will at least maintain the increase attained in November, 1933. 

Figures submitted by 18 plants in the Industry show an increase 

in payrolls of 48.4% between June and November, 1933. This again 

reflect the effect of the President's Reemployment Agreement. If 

production is maintained at the J Lme-November, 1933 level, this 

mcrea e in payrolls will be continued as a result o£ the Code. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth, and on the basis of all the proceeding in this matter 

I find that: 

(a) Said Code is well designed to promote the policies and purpo es of Title I of the National Industrial Recov.ery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will pro-

(2) 
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vide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, 

by inducing and maintaining united action of labor and management 

under adequate governmental sanction and supervision, by eliminat- ing 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 

r equired), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing 

and relieving unemployment, by improving standards of labor, and 

by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees and is not classified by me as a n1ajor industry. 

(c) The 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 afore- said Industry; and that said Association imposes no inequitable 

restrictions on admission to membership therein. - (d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is 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 Code. 

For these reasons this Code has been approved. 

Respectfully, 

MARCH 29, 1934. 

HUGH s. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION FOR THE TANNING 

EXTRACT IND·USTRY 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following is hereby established as a Code o:f 

Fair Competition for the above named Industry and shall be binding 

on eYery member thereof. 

ARTICLE I-DEFINITIONS 

The following word are used in this Code with the meaning herein 

set forth: 

"Industry "-The manufacture, liquefying and/ or dissolving, for 

sale of tanning extract from domestic wood and bark or from imported wood, bark, leaves and nuts. 

"Member' -A natural person, partnership? corporation, association, trust, tru tee, trustee in bankruptcy, receiver, or other form of 

enterprise, engaged in uch Industry. · 

"Act '-Title I of the National Industrial Recovery Act. 

'"Aclministra tor "-The Administrator for Industrial Recovery 

under Title I in the Act. 

ARTICLE II-ORGAKIZATION AND ADMINISTRATION 

SECTION 1. There shall forthwith be constituted a Code Authority 

consisting of fiye per ons to be selected in the following manner: 

(a) Two shall be elected by a majority vote from among those 

members of the Industry engaged in the manufacture of tanning 

extract from chestnut wood. 

(b) Two shall be elected from among those members of the 

Industry engaged in the manufacture of tanning extract from quebracho wood. 

(c) One shall be elected from among those members of the Industry engaged in the manufacture of tanning extract from materials 

other than those mentioned in Sub-divisions (a) and (b) of this 

Section. 

SECTION 2. In addition to the member hip as provided in Section 1 

of this Article the Administrator may de ignate one or more persons 

to serve on the Code Authority for such term as he may fix. The 

person or persons so de ignated shall have no vote and shall serve 

"·1thont m1 n~ation from the Industry. i 

SECTION 3. Each trade association directly or indirectly participating in the selection or activitie of the Code Authority shall (1) 

impose no inequitable re triction on membership and (2) submit 

to the Administrator true copies of its articles of association, bylaws, regulations and any amendments when made thereto, together 

with such other information as to membership, organization and 

(4) 
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activities as the Administrator may deem necessary to effectuate the 

purposes of the Act. 

SECTION 4. In order that the Code Authority shall at all times 

be truly representative of the Industry 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 in the method of selection of the Code 

Authority. 

SECTION 5. The Code Authority is charged generally with the 

duty of administering this Code. If the Administrator shall determine that any action of the Code Authority, or any agency thereof, 

may be unfair or unjust or contrary to the public interest, the Administrator 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 final 

action which shall not be effective unless the Administrator approves 

or unless he shall fail to disapprove after thirty da.ys' notice to him 

of intention to proceed with such action in its original or modified 

form. 

SECTION 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. 

SEcTION 7. The expenses of administering this Code shall be borne 

pro rata, in accordance with a formula to be adopted by the Code 

Authority, subject to the approval of the Administrator, by all members of the Industry who accept the benefit of the services of the 

Code Authority or otherwise assent to this Code. 

SECTION 8. 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 relationships between production and distribution employers under this 

Code and under such others to the end that such Fair Trade Practices may be proposed to the Administrator as amendments to this 

Code and such other Codes. 

SECTION 9. 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 Inember, 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 willful misfeasance or non-feasance. 

ARTICLE III-HouRs OF LABOR 

SECTION 1. Employees in the Industry shall not be required or 

permitted to work hours in excess of the limits prescribed in the 

following schedule: 
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SCHEDULE OF WORKING HOURS 

(a) "\Vatchmen: Forty-eight ( 48) hours in any one week. 

(b) Chauffeurs, truckmen, switching crews and crane operators: 

One hundred eighty (180) hours in any period of four (4) consecutive weeks but not to exceed forty-eight ( 48) hours in any one 

week, provided, however, that all time worked in excess of nine (9) 

hours in any one day or forty-five ( 45) hours in any one week 

shall be paid for at not les than time and one-third. 

(c) All other laborers, mechanical workers or artisans employed 

in any plant mill or factory, or on work connected with the operation of any such plant, mill or factory: An average of not more 

than forty (40) hours per week in any period of two (2) consecutive 

weeks, but not more than eight (8) hours in any one day. 

(d) Employees regularly engaged in a mana aerial or executive 

capacity and their personal secretaries, and employees serving in a 

supervisory capacity receiving thirty-five ($35.00) dollars or more 

per week, and outside salesmen: No limitation. 

(e) All other employee : An average of forty ( 40) hours per 

week during any period of thirteen ( 13) consecutive weeks, but 

not to exceed forty-eight ( 48) hours in any one week. 

SECTION 2. No limitations contained in said schedule shall apply 

to employees of any class when engaged in emergency repairs or 

e.mergency maintenance work occasioned by breakdowns or involving 

protection of life or property. provided, however, that all time 

worked in excess of the limitations prescribed in said schedule shall 

be paid for as not less than time and one-third. 

SECTION 3. No employer shall permit any employee to work for 

any time which, when totaled with that already performed with 

another employer or employer in this Industry, exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. The minimum rate of wage of any employee, including watchmen, in any plant, mill or factory or on work connected 

with the operation of any such plant, mill or factory, other than 

office or clerical employees, shall be as follows: 

(a) In the Northern zone, which shall consist of all of the territory of the United States except the States named in Subdivision (b) 

hereof : 35 cents per hour. 

(b) In the Southern zone which shall consist of the States of 

Virginia, Tennessee, North Carolina, South Carolina, Georgia 

Florida, Alabama, ~1ississippi, Louisiana, Arkansas, and Texas : 30 

cents per hour. 

SECTION 2. The minimum rate of wage for any office or clerical 

employee shall be sixteen ($16.00) dollars per week. Part-time employees covered by the provisions of this Section shall be paid at the 

rate of not less than forty ( 40¢) cent per hour. 

SECTION 3. This Article e tabli hes a minimum rate of pay which 

shall apply irrespective of whether an employee is actually compensated on time rate, piece work or other basis. 

SECTION 4. The wage rate of all employ ec:: receiving more than 

the minimum rates herein prescribed shall be re' iewed and such 
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adjustments made therein as are equitable in the light of all the circumstances, but in no case shall they be decreased. Within sixty ( 60) 

days after the effective date hereof, the Code Authority shall repor-t 

to the Administrator the action taken by all members of the Industry 

under this Section. 

SEcTION 5. A person whose earning capacity is limited because of 

age or physical or mental handicap may be employed on light work 

at a wage of not less than 80% of the minimum prescribed by this 

Code, provided the State Authority or other agency designated by 

the United States Department of Labor shall have issued a certificate 

authorizi!!_g his employment on such basis. Each member shall file 

with the Code Authonty a list of all such persons employed by him. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall be employed in the Industry. No person under eighteen (18) years of 

age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall 

submit to the Administrator within sixty (60) days after the effective 

date of this Code a list of such operations or occupations. In any 

State an employer shall be deemed to have complied with this provision as to age if he shall have on file a certificate or permit duly 

signed by the authority in such State empowered to issue employment or age certificates or permits, showing that the employee is of 

the required age. 

SECTION 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 of 

collectiv·e bargaining or other mutual aid or protection. 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 choo. ing. 

Employers hall comply with the maximum hours of labor, minimum 

rates of pay and other conditions of employment approved or prescribed by the President. 

SECTION 3. No provision in this Code shall supersede any State 

or Federal law which imposes on employers more stringent requirements as to age of employees, wages, hours of work, or as to safety, 

health, sanitary or general working conditions or insurance or fire 

protection, than are imposed by this Code. 

SEcTION 4. No employer shall reclassify employees or clutie of 

occupations performed or engage in any other subterfuge for the 

purpos-e of defeating the purposes or provisions of the Act or of 

this Code. 

SECTION 5. All employers shall keep posted copies of Articles III, 

IV and V of this Code, and any amendments thereto, in conspicuous 

places accessible to employees. 

SEcTION 6. Every employer shall make reasonable provisions for 

the safety and health of hi employees at the plac-e and during the 

hours of their employment. Standards for safety and health shall 
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be submitted by the Code Authority to the Administrator within six 

(6) months after the effective date of this Code. · SEcTION 7. The manufacture or partial manufacture of any product 

of the Industry in homes shall be prohibited. 

ARTICLE VI-REPORTS AND STATISTICS 

SECTION 1. Each member shall prepare and file with an impartial 

agent or agents designated by the Code Authority at such times 

and in such manner as it may prescribe, such statistics, data and information as the Administrator may from time to time require. In 

addition each member shall furnish the Code Authority such information relating to number of employees, wage rates, employees' 

earnings and hours of labor, as it shall require. 

SEOI'ION 2. Except as otherwise provided in the Act or in this 

Code, all statistics, data and information filed or required in accordance with the provisions of this Code, shall be confidential and tl~e 

statistics, data and information of one member shall not be revealed 

to another member. No such data or information shall be published 

except in combination with other similar data and in such manner 

as to avoid the disclosure of confidential information. The Code 

Authority shall arrange in such manner as it may determine for the 

current publication of Industry statistics to members. 

SEcTION 3. The Code Authority shall make such reports to the 

Administrator as he may from time to time require. 

SEcTION 4. In addition to 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. Nothing contained in this Code shall relieve any member of 

any existing obligations to furnish reports to any Government 

Agency. 

ARTICLE VII-MoNOPOLIEs 

SECTION 1. 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 VIII-RECOMMENDATIOXS 

SEcTioN 1. Upon approval by two-thirds of the members affeded 

thereby, the Code Authority may from time to time present to the 

Administrator recommendations based on conditions in the Industry 

which will tend to effectuate the operation of this Code and the 

policies of the Act. Such recommendations when approved by the 

Administrator, after such notice and hearing as he shall prescribe, 

shall have the same force and effect as other provisions of this Code. 

ARTICLE IX-TRADE PRACTICES 

SECTION 1. The following are hereby constituted Trade Practices 

for the Industry and failure to comply with the provisions thereof 

shall be a violation of this Code: 
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(a) No member of the Industry shall misrepresent, either by 

advertisement, circular, label or otherwise, the quantity, quality, 

grade, value or content of any product sold, or policy, service or 

form of business conducted. 

(b) No member of the Industry shall make any false, misleading 

or inaccurate statements, disparaging competitors or their goods, 

price, value, credit term.s, policies or services. 

(c) No member of the Industry shall attempt to induce the breach 

of any existing contract between a competitor and his customer, or 

his source of supplies; nor shall any such mmnber interfere with or 

obstruct the proper performance of such contractual obligations. 

(d) No member shall give, permit to be given, or directly offer to 

give, anything of value for the purpose of influencing or rewarding 

the action of any employee, agent or representative of another in 

relation to the business of the employer of such employee, the principal of such agent or the represented party, without the knowledge 

of such employer, principal or party. The foregoing provisions 

shall not be construed to prohibit free and general distribution of 

articles commonly used for advertising except so far as such articles 

are actually used for commercial bribery as herein defined. 

(e) No member of the Industry shall ship goods on consignment, 

except under circumstances to be defined by the Code Authority 

where peculiar circumstances of the Industry require the practice. 

ARTICLE X-GENERAL PROVISIONS 

SECTION 1. If any member is also a member of another industry, 

the provisions of the Code shall apply to and affect only that part 

of his business which is included in this Industry. 

SEcTION 2. Any work or process incidental to and carried on by a 

member at his plant as a part of the m.anufacture of any product of 

the Industry, shall be regarded as a part of this Industry. 

SEcTION 3. Such of the provisions of this Code as are not required 

to be included therein by the Act, 1nay, with the approval of the 

Administrator, be modified and eliminated as changes in circumstances or experience may indicate. 

SEcTION 4. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of Section 10 (b) of the Act, from time to time to cancel 

or modify any order, approval, license, rule or regulation, issued 

under Title I of said Act, and specifically, but without limitation, to 

the right of the President to cancel or modify his approval of this 

Code or any conditions imposed by him upon his approval thereof.1 

SECTION 5. This Code shall become effective on the second Monday 

after the date upon which it shall be approved by the President of 

the United States. 

Approved Code No. 374. 

Registry No. 1658-1-01. 

1 See paragraph 2 of order approving this Code. 

U.S. GOVERNMENT PRINTING OP'FICB: 1014 




UNIVERSITY OF FLORIDA 

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