Approved ode No. 345 

NATIO AL RE OVERY ADMIN! TRATION 

CODE OF FAIR COMPETITION 

FOR THE 

COLLAPSIBLE TUBE INDUSTRY 

AS APPROVED ON MARCH 17, 1934 

WE DO OUR PART 

UNITED STATES 

GOVER MENT PRINTING OFFICE 

WASHINGTON : 1934 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Wa bington, D.C., and by district offices of tbe Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEP ARTl\fENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

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

Charleston, S.C.: Chamber of Commerce Building. 

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

Cleveland, Ohio: Chamber of Commerce. 

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Detroit. Mich.: 801 First National Bank Building. 

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San Franciseo, Calif.: 310 Customhouse. 

Seattle, Wa h.: 809 Federal Office Building. 
Appro ed Code No. 345 

CODE OF FAIR COMPETITION 

FOR THE 

COLLAPSIBLE TUBE INDUSTRY 

As Approved on March 17, 1934 

ORDER 

A rn nxo CoDE OF FAIR Col\IPETITION FOR THE CoLLAPSIBLE TUBE 

INDUSTRY 

An application having been duly made pursuant to and in full comJ lia1 c with the provi ions of Title I of the National Industrial 

Reco,·ery Act, approved June 16, 1933, for approval of a Code of 

Fair ompetition for the Collap ible Tube Industry, and hearings 

haYin · been duly held thereon and the annexed report on said Code, 

containing findino- 1lith resp ct thereto, having been made and 

dire ·ted to the Pre i ]ent: ~ 

X \Y. THEREFORE, on behalf of the Pre ident of the United ~ tat :, I. Hugh S. John on, Admini trator for Industrial Recovery, 

pur~uant to authority vested in me by Executive Orders of the Pre iclent. in luding Executive Order No. 6543-A, dated December 30, 

1 30, an l other1li · do hereby incorporate by reference said ann xNl r port an l do fin l that aid Code complies in all respects 

''"ith the pertinent provi ion and will promote the policy and purl o. s of ·aid Title of ail Act; and do hereby order that said Code 

of Fair om petition b and it i hereby approved; providedJ. pow-

' r that th ontinu participation of the Collapsible Tube lVlanufa tnr r A ociation in the Code Authority after 30 days from the 

ff ·tiv late of thi ole shall be contingent upon its amending its 

n:titution and by-law to the satisfaction of the Administrator. 

HuGH S. JoHNsoN, 

Ad1ninistrator for lndu trial Recovery. 

Ar proval r comm n 1 d: 

" . . HARRDIAN 

Di i ion Admini trator. 

'' A,'JIL-GTON D .. March 17, 1934 

47 15°----42r. 05----34 (209) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This i a report on the Code of Fair Competition for the 

Collap ible Tube Industry, the hearing having been conducted 

thereon in vVashington, D.C., on February 1, 1934, in accordance 

with the provisions of the National Recovery Act. 

RESUl\IE OF CODE AS 1'0 WAGES AND HOURS 

This Code provides that the working hours shall not exceed eight 

(8) hours per day and forty ( 40) hours per week, except that employee may work thirty-two (32) hours in excess of a forty ( 40) 

hour week in any 6 months' period, to take care of peak demands 

cau ed by Radio Broadcasting. The normal working week for 

power plant employees is forty-four ( 44) hours and for watchmen 

fifty-six (56) hour . Managerial, executive and supervisory employees receiving not less than $35 per week and outside salesmen 

are exempted from the provisions as to working hours. 

The minimum rates of pay provided for production labor are 40¢ 

per hour for men and 35¢ per hour for women. \Vith the exception 

of watchmen and power plant employees time and one-half will be 

paid all employees who work in exce ·s of eight (8) hours per day 

or forty ( 40) hours per week. All other employees such as office 

employees will be paid not less than $15 per week . . E9uitable adju tments are to be made of all wage rates above said 

m1n1ma. 

Child Labor is prohibited and no person under 18 years of age shall 

be employed in a hazardous occupation. 

GENERAL STATEMENT 

The Collapsible Tube Industry as defined in the Code includes the 

manufacture, production and sale of collapsible tubes. As collapsible tubes are used as containers for such articles as tooth paste, shoe 

cream, cement and vaseline, the customers of this Industry are almost 

entirely confined to the manufacturers of these articles. 

While figures as to the total inve tment in the Industry were not 

obtainable, the number of wage earners in normal times is about 

1,400 employees with an estimated payroll of $1,750,000. 

In 1929 which may be considered a normal y ar the operations were 

at a rate of approximately 86% of capacity and their value of production was $8,913,000. It is to be noted that the value of labor in 

the products wa $700,000 less than durin{F the year 1927 due to the 

development of other types of coLtainers and the increase in popularity of tooth powder over tooth paste. 

(210) 
211 

0 rati n in 1931 w re about - ;Yc of ar a ity · in 1 . ~ ab ut 76% 

f apacity · in 1 33 abou 0 7£ of apa ·it . I b i ve that th o e is fair to Indu try to Labor and to the 

Publi and i in a cordanc with the int nt and purpose of the 

N a ti n a l Industrial Recovery Act. 

FINDINGS 

The A i tant Deputy Administrator in his final report to me on 

aid ode having found as herein et forth and on the ba i of all 

the proceeding in thi matter: 

I find that: 

(a) aid ode is well designed to promote the policie and purpo e of Title I of the National Industrial Recovery Act, including 

removal of ob tructions to the free flow of interstate and foreign 

ommerce which tend to diminish the amount thereof and will fro- ide for the general welfare by promoting the organization o indu try for the purpose of cooperative action among the trade groups, 

b 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 pre ent productive capacity of industries, by 

avoidino· undue restriction of production (except as may be temporarily required) by increasing the consumption of industrial and 

agricultural products through increasing purchasing power by 

r ducino- and relieving unemployment, by improving tandarcl · of 

lab r and by otherwise rehabilitating indu try. 

(b) aid Industry normally employ not more than 5 ,000 

mpl yee · and i not clas ified by me as a major indu tr. 

(c) The ode a approved complies in all respects with the pertinent I r ovi ion of said Title of aid Act includino- without limitation 

ub._ tion (a) of Section 3, Sub ection (a) of Section 7, and ub ection (b) of ection 10 thereof; and that the applicant group i · a trade 

a o ·iation truly repre entative of the afore aid Indu tr. ; and that 

·aid a ociati n i1npo e no inequitable re triction on aclmi ion to 

memb r hip therein. 

(d) The od i not de igne l to and will n permit monopolies 

or m n poli tic practice . 

( ) The od i not d igned to and will not liminat or oppre s 

small nterpri and will not operat to eli crimina ao-ain t tl m. 

f) Th ngaged in o her tep of the ec nomic pr 

een 1 priv d of the rio-ht to be heard prior to approval f aid d . 

For tl e r a ons th r fore I have appro eel this od · 1 rovidecl 

how Y r that the continued p rticipation of the olla1 ibl Tub 

Inclu. tr in the od Authority after 30 clay fr m th ff ctiv lat 

of thi.· od hall b ntin<Y nt UJ n i am ncling it on titution 

and bv-law t th ·ati ·fa tion of th Admini trator. · R p tfully, 

HuoH .JH , o 

Administrator. ~fAR H 17, 19 4. 
CODE OF FAIR COMPETITION FOR THE COLLAPSIBLE 

TUBE INDUSTRY 

ARTIOLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery 

Act, the following provisions are established as a Code of Fair Competition for the Collapsible Tube Industry and shall be the standard 

of fair competition for such Industry and shall be binding on every 

member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Collapsible Tube Industry" means the 

manufacture, production and sale of collapsible tubes. 

SECTION 2. "Member of the Industry" means any individual, partnership, association, corporation or other enterprise engaged in the 

manufacture and sale of collapsible tubes. 

SECTION 3. The term "Association" means the Collapsible Tube 

Manufacturers' Association, Inc. 

SEcTION 4. The term "President", "Act" and "Administrator", 

as used herein, shall mean respectively the President of the United 

States, Title I of the National Industrial Recovery Act, and the 

Administrator for Industrial Recovery." · 

SECTION 5. The tenn " employer " as used herein shall include 

every individual, partnership, association, corporation, or properly 

appointed receiver or trustee, or other person engaged in the manufacture or sale of collapsible tubes. 

SECTION 6. The term "employee" as used herein includes any person engaged in any phase of the Industry in any capacity receiving 

compensation for his services, irrespective of the methor:l of payment 

of such compensation. 

SECTION 7. The term " Code Authority" means the administrative 

body provided for in Article VI of this Code. 

ARTICLE III-HouRs 

SECTION 1. No employee shall be permitted to work in excess of 

40 hours in any one week or 8 hours in any one day, except as herein 

otherwise provided, nor more than 6 days in any one week. 

SECTION 2. These limitations shall not apply to branches of this 

Industry in which peak demands place an unu ual and temporary 

burden upon uch branches provided that not to exceed 32 hours 

exces may be worked in any six months' period, and that in no case 

shall the hours worked in any one week exceed 48. SECTION 3. All employees shall be pai l at the rate of time and onehalf for all hours worked in excess of 40 hours per w ek or 8 honrE' 

per day except as hereafter provided. 

(212) 
213 

ARTICLE IY-'W AGE 

the 

f pay which 

1s actuallv com-
214 

Industry, indicating the number and sex of the employees in each 

occupation. 

SECTION 5. On and after the effective date, the minimum wage 

that shall be paid by any employer to all other employees not 

covered by Section 1, and commission sales people, shall be not le~s 

than at the rate of $15.00 per week. 

SECTION 6. Office boys and girls, not to exceed more than 5% of 

all office employees of the employer and in any case not less ·~ han 

one shall be exempt from the provisions of this Article provided 

they are paid at a rate of not less than 80% of the above Ininimum 

wages. 

SECTION 7. A person whose earning capacity is limited because 

of age or physical or m.ental handicap may be employed on light 

work at a wage not less than 80% of the m.inimum established by 

this Code, if the employer obtains from the State authority designated by the United States Department of Labor a certificate 

authorizing his employment at such wages and for such hours as 

shall be stated in the certificate. Such authority shall be guided by 

the instructions of the United States Department of Labor in 

issuing certificates to such persons. Each employer shall file with 

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

Provided, however, that the total number of such employees shall 

not exceed 2% of the total number of employees in an individual 

plant. 

ARTICLE V-GENERAL L ABOR PROVISIONS 

SECTION 1. Ohild Labor Provisions.-N o 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 Admini trator 60 days after 

the effective date of the 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 

issued 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. Provis·ions from the Act.-In compliance with Section 

7 (a) of the Act, it is provided : 

(a) 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. 

(b) That no employee and no one seeking employment shall be required as a condition of employment to jmn any company union or 

to refrain from joining, organizing, or assisting a labor organization 

of his own choosing, and 

(c) 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. 
215 

E TI .... 3. cz~ ification of Employees.-No mploy(lr hall reel ify mplo: or uti f oc upati n p rformed or no·ac.r in 

any o her ubt rfuge f r th purpo e of defea ing the ro ·i i n · f 

th t or of thi o 1 . 

• CTI x 4. tandanl fm· afety and H ealth.-E 

shall pr ide for tl af t and health f hi em.ploy at th lace 

an durin th hour of heir mployment. Standard for a£ ty 

an health hall b ubmitt l b the Cole Authorit to th dmin- i trator 1\·ithin ix ( ) m nth a'fter the eff ctive date of thi Cod . 

E TI .... 5. tate Late .-N provi ion in thi Code hall uper e 

any tate or F d rallaw which impo e more stringent requir ments 

on employ r a to ao-e of emplo ee wa<Ye hours of work or a to 

afe y h alth anitary or general working condition , or in nrance, 

or fire prot ction, than are impo ed by thi Code. 

ECTION 6. Po ting.-Within 20 da s after the effective date each 

emrl . r hall po t and thereafter maintain in con picuou places 

acce ible to employee full copies of this Code and an amendment or modifications which may later be approved. 

ARTICLE VI-ORGANIZA.TION PowER AND DuTIE oF CooE 

A THORITY 1 

t·d r approving Uti ode. 

an 

le 

parti i1 at in 

e uthority and 
216 

to participate in the selection of the m·embers thereof by assenting 

to and complying with the requirements of this Co.de and sustaining 

their reasonable share of the expenses of its administration. Such 

reasonable share of the expense of administration shall be determined 

by the Code Authority, subject to review by the Administrator, on 

the basis of volmne of business and/ or such other factors as may be 

deemed equitable. 

SECTION 2. The Code Authority shall have the following further 

powers and duties, the exercise of which shall be reported to the 

Administrator. 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the Industry with the provisions of 

the Act. 

(b) To collect from the members of the Industry through an 

impartial agent with full protection to each member as to the confidential nature of the material all data and statistics required by the 

Administrator or pertinent to the effectuation of the Act and said 

agent shall compile the data and statistics and furnish the same to 

the National Recovery Administration and to the members of the 

Industry all in such form and manner as the Code Authority shall 

prescribe subject to the approval of the Administrator. 

(c) To make studies and investigations for the establishment of 

classifications, dimensional standards, and quality specifications for 

products of the Industry. 

(d) To 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 and agencies shall at all times be subject to and comply 

with the provisions hereof. 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the Industry. 

(f) To cooperate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those n1.embers of the Industry who 

have assented to, and are complying with, this Code. 

(g) To appoint a trade practice c-ommittee which shall meet with 

the trade practice committees appointed under such other Codes as 

may be related to the Industry for the purpose of formulating fair 

trade practices to govern the relationship between production and 

distribution employers under this Code and such others, to the end 

that such fair trade practices may be proposed to the Administrator 

a amendments to this Code and such other Codes. 

(h) The Code Authority may adopt a method of selling by publication of price schedules by all members of the Industry, if and 

when a majority of the members of the Industry so determine at a 

general meeting of the Industry, and upon the approval of the 

Administrator. 

( i) If the Administrator shall det€rmine that any action of a 

Code Authority or any agency thereof may be unfair or unjust 

or contrary to the public interest, the Administrator may require 
217 

that u h a tion b _u pen l l to aff rd an or rtunit f r inve - tio-ation of th m· rit f u h a tion an l furtl r con ideration by 

uch 1 uthorit or ao-e.n y p nding final a tion hi h hall not 

be ff ti1 unle th dmini trat r appro1e. r unl he shall 

fail t li appr v aft r thirty da notice to him f int ntion to 

pr d with u h action in it original or modified form. 

(j) In addi i n to information r quired to be submi ted to any 

cod nuth rity all or any of the per ons ubject to thi code shall 

furni h uch tatisti al information as the Administrator may 

deem nee ary for the purpo es recited in Section 3 (a) of sa.id 

Act t u h Federal and State agencies as the Admini trator may 

de ignate · nor hall anything in this code relieve any person of 

any e::s:i ting obligation to furni h reports to Government agencies. 

No individual report shall be di cl ed to any other member of 

the In lu try or an other party ex ept to uch go' rnmental agencies 

as ma be de ignated by the Administrator. 

ARTI LE VII- PROVI ION REGARDING TRADE PRACTI ES 

For all purpose of the Code the acts described in thi Arti le 

shall on titute unfair practices. Any member of the Indu try 

wh hall directly, or indirectly through any officer, employee, agent 

or repr entative, u e emplo3, or permit to be employed any of 

such unfair practices shall be guilty of a violation of the Code. 

ECTIO)I 1. Secret allowances of any kind. 

E Tio.r:r 2. No member of the Industry shall withhold from or 

in rt in any quotation or in' oice anything that makes it inaccurate in an matertal particular. 

E TIO ... - 3. ~ o allowance to be made for th return of containers 

or box: or any part thereof. Nor shall any consideration direct 

or indirect be o-iven for container , boxes or any part thereof in 

whi h collap ible tubes ha1e previou ly been packed. 

E nox 4. ~faking of materially inaccurate or derogatory statement about competitor ' produ t or regarding the charact r. managem nt or financial tanding of a competitor. 

E TroJ.- 5. Materially fal e or mi l ading adverti ing, mi labeling 

and mi branding. 

E TI ... - . The pr luction or r pro luction of bran l or trade 

mark which to th knowl dge of the member of the Industry 

inYo!Ye s nearl r mbl brand or trade marks on the market 

as to confu or d ei the public. 

E no ,. 7. No member of the Industry hall attempt to induce 

th breach f an xi -tino- contract b tween a com petit r an custo- mer r ·our of uppl. · nor hall any u h m mber int rf re with 

or b. ru the performance f u h contra tual duti or ervic s. 'E TIO~- . Enterin knowino'l into quantity n ract with buyr ' itl ut obli ati n n their 1 art t take d li v ry of th quanti tie 

SJ ifi d in th ntra ·t r on th qu ation f r th pur o e of 

g· -ving p ial unwarrant l 1 ri . E Tio ... · . ... m mb r of th ndu try hall . ll any ommodity 

at a I ri e L low hi own all wabl o t, a det rmin d by the cost 
218 

accounting system provided for in Article IX, Section 2; provided, 

however, any member may meet the price competition of any one 

whose allowable costs under this Code provision are lower. 

ARTICLE VIII-MomFICA TION 

SECTION 1. This Code and all the provisions thereof are expre ly 

made subj ect to the right of the President of the United State , in 

accordance with the provisions of subsection (b) of Section 10 of 

the National Industrial Recovery 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 a pproYal of 

this Code or any conditions imposed by him upon his approval 

thereof. 

SECTION 2. Thi Code, except a~ to provisions required by the Act, 

may be modified on the ba is of experience or changes in circumstances, such modification to be based upon application to the Administrator and such notice and hearing as he shall pecify, and 

to become effective on approval of the President. 

ARTICLE IX-COSTING 

SECTION 1. In the event any member or members shall file a complaint with the Code Authority, accusing another member or member of violating the provisions of Article VII, Section 9 it shall 

then be incumbent upon the Code Authority to investigate such complaint, employing such accountants as may be deemed necessary by 

the Code Authority. 

SECTION 2. The Code Authority shall cau e to be formulated an 

accounting sy tem and methods of cost finding and/ or estimating 

capable of use by all members of the Industry, which shall be filed 

with the Admini trator and shall be effective, subject to the approval 

of the Administrator, after such notice and hearing as he may 

require. After such ystem and methods have been formulated full 

detail concerning . them hall be made available to all members. 

Thereafter all members shall determine and/ or e timate co ts in 

accordance with the principle of such methods. 

SECTION 3. The Code Authority may on the complaint of any 

affected party, investigate whether any given product or products 

has or have been sold below cost and report the re ults of such investigation to the proper authority or authorities for appropriate 

action. The Code Authority subject to appeal to the Administrator 

may, as between parties who have expressly assented to this provision, assess the costs of such investigation againt the complainant 

or the defendant, or both. 

ARTICLE X-EXPORTS 

No provisions of this Code relating to prices or terms of selling: 

shipping or marketin~, shall apply to export trade or sales or shipments for export trade. 
21 

RTI LE ~ I- 1\I T p LIES 

o appli 1 a t pern it m n_ pr to liminat , PI r , or di nmRTIC E XII-EFFECTIYE DATE 

Thi c de hall b orne effective the third Monday after it 1s 

appr -ved b ' th Pr ident. 

ApproY 1 od r o. 345. 

R gL try Ko. 1140-01. 

0 


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