Registry No. 1311-01 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

ELEVATOR. MANUFACTURING 

INDUSTRY 

AS SUBMITTED ON AUGUST 7, 1933 

.... -·- 0--- ,.,. : --·-

u.s. oePOMTOIW 

The CodeJor the Elevator 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 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of 0.> cuments, Washington, D.C. • • • • - • - - ~ Price 5 centsj 
SUBMITTED BY 

NATIONAL ELEVATOR MANUFACTURING INDUSTRY 

(II) 
[Draft of Augu t 7] 

CODE OF FAIR COMPETITION OF THE NATIONAL 

ELEVATOR MANUFACTURING INDUSTRY 

ARTICLE I-DEFINITIONS 

vVherever used in this Code, terms shall have meanings as follows : 

1. "Industry" means the business of manufacturing and in t ailing 

passenger and frei~ht elevators. 

2. "Association ' means the organization known a National Elevator Manufacturing Industry. 

ARTICLE II-PURPOSE 

1. The purpo ·e of this Code of Fair Competition is to aid in 

effectuating the declared policy of the National Industrial Recovery 

Act, and to that end the provisions of Title I of said Act so f ar as 

applicable to the industry, are adopted as a part of this Code. 

2. The Code is not designed to promote monopolie or to eliminate 

or oppress small enterprises or otherwise discriminate against them. 

ARTICLE III-MEMBERSHIP 

1. All manufacturers of passenger or freight eleYator in the 

United States, regardless of size or form of organization, are invited to become members of the · National Elevator :Manufacturing 

Industry and to have a voice and to participate equitably in the 

affairs of said Association and in the promotion of indu trial 

recovery. 

2. Each member of the Association, by a duly constituted representative, is entitled to one vote at all Association meeting . 

3. Any member of the industry desiring to become a member of 

the Association shall sign and mail to the A sociation an a pplication substantially as follows: 

To: NATIONAL ELEVATOR MANUFACTURING INDUSTRY, 

~50 Eleventh A venwe, New Y o1·k 0 ity. 

The undersigned, engaged in the manufacture and installation of 

elevators, hereby makes application for member hip in the National 

Elevator Manufacturing Industry, and agrees that it shall be ubj ect 

to and will comply with the Constitution and By-Laws and Code of 

F air Competition of said industry under the National Industrial 

Recovery Act. 

Date --------------- ----------------· 

Name Address 

By - --- - - ------- --------- - - ------ · President . 

!:1429-33 (1) 
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ARTICLE IV-CONDITIONS oF EMPLOYMENT, HoURs OF LABOR, AND 

RATES OF PAY 

1. 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 as isting 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." 

1A. Without in any way attempting to qualify or modify, by interpretation, the foregoing requirements of the National Industrial 

Recovery Act, employers in this industry may exercise their right 

to select, retain, or advance employees on the basis of individual 

merit, without regard to their membership or nonmembership in 

any organization. 

2. On and after the effective date of this Code members of the 

Indu try shall not employ anyone under the age of sixteen years. 

3. Shop Labor.-Shop labor is labor performed in the factory in 

connection with the processing of the products of the elevator manufacturing industry. · 

Mawimwm hours and Minimum wages.-On and after the effective 

date of this Code, the maximum hours of shop processing labor shall 

be thirty-five (35) hours per week, and the minimum wage that shall 

be paid by any member of the industry to any employee engaged in 

shop labor shall be 40¢ per hour, unless the rate per hour for the 

same class of labor on July 15, 1929 was less than 40¢, 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¢ per hour, and provided further that casual and 

incidental labor and learners may be paid not less than 80% of such 

minimum wage, but the total amount paid to such casual and incidental labor and earners shall not exceed in any calendar month 5% 

of the total wages paid to all shop labor by such employer. 

3A. The foregoing provisions of this Article as to hours of labor 

are not to apply to persons engaged in shop repair or shop maintenance work nor to executive, administrative, or supervisory employees or traveling salesmen, nor in cases of emergency requiring 

the protection of life or property. 

4. Field L(J)bor.-Field labor is labor performed in the erection of 

new elevators or in connection with the substitution of a new elevator 

for an old one. The repair and maintenance of existing elevators. 

Minimwm W ages.-On and after the effective date of this Code, 

the minimum wages for field labor shall be not less than the minimum rates which are established regionally or locally by mutual 

agreements between truly representative groups of employers and 
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employees and approved by the President, as provided by Section 

7 (b) of the National Industrial Recovery Act. Where such rates 

are not so established, the minimum rate of wages shall be not less 

than forty cents ( 40¢) per hour, unless the hourly rate for the same 

class of work on July 15, 1929 was less than forty cents ( 40¢) per 

hour, in which case the hourly rate shall be not less than that of 

July 15, 1929, and in no event less than thirty cents (30¢) per hour, 

except where a lower minimum rate has been otherwise established 

for specific projects by competent governmental authority acting in 

accordance with law. 

The minimum wages for members of locals of International Union 

of Elevator Constructors shall be established for any locality in accordance with Article 2 of their andard Agreement, which is filed 

herewith as a part of this Code, but in no case are minimum rates 

so established to be less than 40¢ per hour. 

ll!awi1num Hours.-The hours for field labor engaged in the installation of new elevators or the substitution of a new elevator for 

an old one shall not exceed an average of thirty-five (35) hours a 

week for any six months period but with the right to work a maximum week of forty-eight ( 48) hours in such period, but not more 

than eight (8) hours in any one day. 

Maximum hours of field labor employed in the maintenance of 

elevators shall not exceed an average of forty-eight ( 48) hours per 

week for any six months period and not more than eight ( 8) hours 

in any one day. 

Maximum hours for field labor employed in general repairs to elevators shall not exceed an average of forty ( 40) hours per week for 

any six months period but with the right to work a maximum week 

of forty-four (44) hours in such period but not more than eight (8) 

hours in any one day. 

The traveling time of field labor traveling on the time and at the 

expense of the employer to and from a job is not to be included in 

computing the foregoing specified maximum week. 

5. Miscellaneows Labor.-The maximum hours of labor for employees not covered by the provisions in Paragraphs 3 and 4 shall 

be forty ( 40) hours per week and the minimum wages of such employees shall be at the rate of: 

$15.00 per week in any city of over 500,000 population, or in the 

immediate trade area of such city; 

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

$14.00 per week in any city between 2,500 and 250,000 population, or in the immediate trade area of such city; 

In towns of less than 2,500 population the minimum wages shall 

be increased 20% if the prevailing wage is less than $12.00 a week, 

but this shall not require wages in excess of $12.00 per week. 

Provided, That office boys and girls, learners, and casual employees may be paid not less than 80% of the minimum wages 

paid in such various localities, but the total amount paid to such 

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

in any calendar month five percent of the total amount paid to all 

employees covered by the provisions of this paragraph. 

6. The foregoing provisions in this Article as to hours of field 

labor and minimum pay are not to apply to persons engaged in 
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executive, administrative or supervisory capacity, and traveling 

f:ale men; tho e engaged in ca"e of emergency work requiring the 

protection of life or property; and those in establishments employing not more than two persons engaged in maintenance or repair 

work where such towns are not part of a larger trade area.. 

ARTICLE V-SELLING PRICE 

1. The Code Committee shall devise a uniform accounting system 

for determining the co t of the manufacture and in tallation of the 

products of the Industry. Each establishment subject to this Code 

shall use such accounting system, or a ystem which conform to the 

principles an l is at least as detailed and complete as the uniform 

system formulated or approved by the Code Committee, with such 

variations therefrom as may be required by the individual conditions affecting any member of the Industry and as may be approved 

by the Code Committee. 

2. No mmnber of the Indu try hall sell an elevator installation 

or parts thereof, for less than his cost determined on the basis of 

volume of production equal to such portion of his previou maximum 

production as the Board of Directors shall decide it is reasonable to 

anticipate within the period covered by this AgTeement. 

3. All accessories which the manufacturer sublets are to be included in the estimated cost at not less than cost. 

4. If 1naintenance in any form is offered the purchaser of an 

elevator installation, maintenance must be included at not le s than 

cost. 

5. The foregoing provisions in this Article are not to apply to 

elevator installations or parts thereof sold outside of the United 

States. 

ARTICLE VI- UNFAIR TRADE PRACTICES 

1. The wilful interference by any person, firm, corporation, or 

association, by any means or device what oever with any existing 

contract between a seller and a purchaser, in or about the production, transportation, purchase, or ale of any product handle l by the 

industry, or the performance of any contractual duty or ervice connected therewith, such interference being for the purpose or with 

the effect of dissipating, destroying, or appropriating, in whole or 

in part, the patronage, property, or business of another engaged in 

such industry, is an unfair trade practice. 

2. Defwnation of Competitor.- The defamation of a competitor 

by words or acts, which untruthfully call in question hi business 

integrity, his ability to perform his contracts or fill his orders, his 

credit standing, or the grade quality or prices of his o·oods, i an 

unfair trade practice. 

ARTICLE VII- GENERAL PROVISIONS 

1. Modification of Code.- " The President may from time to time 

cancel or 1nodify any order, approval, license, rule, or regulation" 

issued under Title I of the National Industrial Recovery Act and 

this Code or any of its provisions shall be cancelled or modified and 
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any approved rule i sued thereunder shall be ineffective to the extent 

necessary to conform to any action by the President under Section 

10 (b) o:f the National Industrial Recovery Act in cancellation or 

modification o:f any order, approval, license, rule, or regulation pertaining thereto. 

2. Nothing contained in this Code shall be deemed to constitute 

members o:f the Association partners :for any purpose, and none o:f 

the members o:f the Association shall be liable :for any act of any 

other member, the Board o:f Directors, Committees, officers, or 

employees o:f the Association. 

3. The various provisions o:f this Code are intended to conform to 

the basic code :for the Construction Industry filed by the Construction 

League o:f the United States, including any additions or amendments 

thereto, so :far as that code applies to the Elevator Manufacturing 

Industry. 

4. This Code is intended to be a basic code :for the Elevator Industry and i:f in its application the necessity develops the Industry 

proposes to submit to the Administrator :for approval additions and 

possible supplemental codes applicable to one or more branches or 

subdivisions o:f the Industry: such supplemental codes to con :form to 

and be consistent with the basic code as finally approved. 

ARTICLE VIII-ADMINISTRATION OF THE ConE 

1. National Elevator Manufacturing Industry, 250 Eleventh Avenue, New York City, is hereby designated the agency :for administering, supervising, and promoting the performance o:f the provisions o:f 

this Code by the members o:f the elevator manufacturing industry. 

2. The National Elevator Manufacturing Industry, through its 

Code Committee, :for the purpose o:f advising the National Recovery 

Administration as to the observance or nonobservance o:f the Code, is 

authorized to require members o:f the industry to :furnish reports and 

such data and information pertinent to the purpose o:f this Code as 

may :from time to time be required by the National Recovery 

Administration. 

3. Data and information filed pursuant to the requirements o:f 

the Industry shall be confidential and the reports o:f one employer 

shall not be revealed to any other employer except :for the purpose 

o:f administering the provisions o:f this Code. 

4. Violation of Oode.-Violation o:f any o:f the provisions of this 

Code or o:f any o:f the rules and regulations established thereunder, 

by any person, establishment, partnership, or corporation in the elevator manufacturing industry is an unfair method o:f competition 

subject to the penalties provided in the National Industrial Recovery 

Act. 
6 llllllllllliliilli~l~l~lfllill~ll 1111 ~~~~~~~~~~m~~~~~~~~~ 3 1262 08583 0825 

ARTICLE IX-E:FFECTIVE DATE OF ConE 

1. This Code shall become effective the tenth day :following its 

approval by the President. 

NATIONAL ELEVATOR MANUFACTURING I NDUSTRY, ~50 Eleventh Avenue, New York City. 

(Signed by) J. H . VAN ALsTYNE, 

J. H. VAN ALSTYNE, Chairman, 

President Otis Elevator Company, 

(Signed by) I. N. HAUGHTON, 

IRVING HAUGHTON, President, 

Haughton Elevator & Machine Co., (Signed by) ALEx. E. MoNTGOMERY, 

ALEx. MoNTGOMERY, President, 

Montgomery Elevator Co1npany, 

(Signed by) FREDERICK A. SMITH, 

FRED SMITH, President, 

F. S. Payne Company, 

(Signed by) FRANK C. REED, 

FRANK C. REED, Vice President, 

Westing house Electric Elevator 0 ompany, 

Code 0 ommittee. . . 

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