Approved Code No. 159 Registry No. 1609-05 

NATIONAL RECOVERY ADMINISTRATION 

C·ODE OF FAIR COMPETITION 

FOR THE 

DRY AND POLISHING MOP 

MANUFACTURING INDUSTRY 

AS APPROVED ON DECEMBER 15, 1933 

BY 

PRESIDENT ROOSEVELT 

-· ·- L.. -'\ -

v ----

1. Executive Order 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

( 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Price 5 cents 
This publicatien 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. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 2213 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadway. 

Louisville, Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 933 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg. : 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Frandsco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Building. 
A proved Code No. 159 

CODE OF FAIR COMPETITION 

FOR THE 

DRY AND POLISHING MOP MANUFACTURING 

INDUSTRY 

As Approved on December 15, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

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 my approval of a Code 

of Fair Competition for the Dry and Polishing Mop Manufacturing 

Industry, and hearings having been held thereon and the Administr·ator having rendered his report containing an analysis of the said 

code of fair competition together with his recommendations and 

findings with respect thereto, and the Administrator having found 

that the said code of fair competition complies in all respects with 

the pertinent provisions of title I of said act and that the requirements of clauses (1) and (2) of subsection (a) of section 3 of the 

said act have been met: 

NOvV, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by title I of the 

National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations, and 

findings of the Administrator, and do order that the said code of 

fair competition be and it is hereby approved. 

Approval recommended: 

HuGHS. JoHNsoN, 

Administrator. 

THE wHITE I-I OUSE, 

Dece1nber 15, 1933. 

FRANKLIN D. ROOSEVELT. 

26075°----244-159----33 (141) 
DECEMBER 4, 1933. 

The PRESIDENT, 

The White House. 

SIR: This is the report on the Code of Fair Competition for the 

Dry and Polishing Mop Manufacturing Industry, submitted by the 

National Polish and Mop Manufacturers Association. 

The public hearing was conducted in "\Vashington, D.C., on November 23, 1933. Every person who requested an appearance was freely 

heard in accordance with statutory and regulatory requirements. 

The code was presented by duly qualified and authorized representatives of the industry, complying with the requirements as representing 

60 percent of the number of producers and 75 percent of the volume 

of the industry. 

FAIR TRADE PRACTICES 

It was pointed out at the hearing, that it is vital for the industry 

to include a provision against selling below cost. This provision 

is aimed at restricting the prevailing practice of offering mops in 

combination with the products of other industries. In this case 

the mop is sold at a nominal price, usually fictitious and having no 

relation to its true worth. Oftentimes the mop is given away as an 

inducement to buy the other article. The other product usually carries an excessive mark-up, which remains the same even though the 

consumer n1ay not buy, or even desire, the mop. 

Discriminatory trade practices have caused the industry to request a ban on consignment selling because this form of distribution 

has been used as a weapon to drive competitors out of the market. 

In the past, certain manufacturers have consigned large guantities 

of their merchandise and allowed long credit terms to reta1l outlets, 

with the agreement that the retailers would discontinue other brands 

of similar merchandise. To avoid a repetition of this, the industry 

has requested that the code completely prevent consignment selling. 

LABOR PROVISIONS 

The provisions having to do with hours of labor are similar to 

those in the Code of Fair Competition for the Soap and Glycerine 

Industry, already approved. This was necessary from the practical 

standpoint, as the great majority of dry mop manufacturers produce 

polishes and waxes in the same plant. It has already been established that the production of these waxes and polishes are under the 

Soap and Glycerine Code. 

The industry is composed of 25 manufacturers, of which 15 are 

members of the association. This group employs a total of 536 persons at an average wage of approximately 45 cents per hour. It is 

estimated that the remaining firms in the industry, who are not 

(142) 
143 

members of the association, employ approximately 100 additional 

people. No statistics are available showing the wages of this last 

group. 

The industry has been operating under the terms of the Presi- dent's Reemployment Agreement which has reduced the hours of 

employees 17% from the 1932 average. The increase in wages 

since June 1933 averages 25% between employees in the highest 

paid plants and those in the lowest paid plants. It is estimated that 

there are now more employees in the industry than there were in 

1929, with a wage slightly in excess of that received 4 years ago. 

In view of the fact that there is a definite f eeling among the 

institutions for the blind that they wish to act in accordance with 

the spirit of the National Industrial Recovery Act, the code provides 

for cooperation between the Code Authority and a committee 

established to represent the institutions for the blind. This latter 

conunittee is to be composed of the Chairman of the Code Committee of the American Association of Workers for the Blind, the 

President of this Association, or his representative, and a r'epresentative from the American Foundation for the Blind. The minimum 

wage and maximum hour provisions of the Code will not apply to 

institutions for the blind which comply with the regulations promulgated by this committee in cooperation with the Code Authority 

and approved by the Administrator. 

CONCLUSION 

I find thatThe Code complies in all' respects with the pertinent provisions of 

Title I of the National Industrial Recovery Act, including without 

limitation subsection (a) of Section 7, and subsection (b) of Section 10 thereof. 

The National Polish and Mop Manufacturers Association is truly 

representative of the Dry and Polishing Mop Manufacturing Industry and the bylaws of this association provide no inequitable restriction upon membership. 

Accordingly, I recommend the approval of the Code of Fair Competition for the Dry and Polishing Mop Manufacturing Industry. 

Respectfully, 

HUGH s. JOHNSON' 

Ad1ninistrator. 
CODE OF FAIR COMPETITION 

FOR THE 

DRY AND POLISHING MOP MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code 

of Fair C@mpetition for the Dry and Polishing Mop Manufacturing 

Industry, and shall be the standard of fair competition for such 

industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

The tern1 "industry" as used herein includes the manufacture 

and sale by manufacturers of dry and polishing mops, hand polish 

applicators, and dusters, and such branches or subdivisions thereof 

as may from time to time be included under the provisions of this 

Code. 

The term "employee", as used herein2 includes anyone engaged 

in the industry in any capacity receiving compensation for his 

services, irrespective of the nature or method of payment of such 

compensation. 

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

any such employee is compensated or employed. 

The term " member of the industry" includes anyone engaged in 

the industry, as above defined, either as an employer or on his own 

behalf. 

The term "Association ", as used herein, means the National Polish 

and Mop Manufacturers Association. 

The term "southern states", as used herein, includes Virginia, 

Kentucky, North Carolina, South Carolina, Tennesseei Arkansas, 

Georgia, Alabama, Mississippi, Louisiana, Texas, and F orida. 

The terms "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 of said Act. 

ARTICLE !II-I-loURs 

A. No employee shall work or be permitted to work in excess of an 

average of 40 hours per week in any six months' period, but in no case 

in excess of 48 hours in any one week, except as follows: 

(144) 
145 

1. Technical or professional employees such as chemists engaged 

in their technical or professional capacity who receive more than $35 

per week but not including skilled operating personnel; employees 

in a manageri'al, supervisory, or executive capacity who receive $35 

or more per week; supervisors or highly skilled workers in continuous processes where restriction of hours would unavoidably reduce 

production, and who receive $35 or more per week ; and outside 

salesmen. 

2. Employees on automotive or horse-drawn passenger, express, 

delivery or freight service, who shall not work or be permitted to 

work in excess of an average of 44 hours per week in any six months' 

period or in excess of 48 hours in any calendar year. 

3. Engineers, firemen, water tenders, and oilers, who shall not work 

or be permitted to work in excess of 48 hours a week. 

4. vVatchmen, who shall not work or be permitted to work in excess 

of 56 hours a week. 

5. Employees on emergency maintenance and repair work, whose 

hours may be unlimited when engaged in such emergencies. 

B. If any employee, except those specified in paragraphs 1 and 4 

of Section A of this Article, works in excess of 8 hours in any 24-

hour period, or in excess of 40 hours in any calendar week, the wage 

paid for excess hours shall not be less than one and one third the 

regular hourly rate. 

C. If any employee works for more than one employer, no such 

employer or employers shall knowingly permit such employee to 

work for a total number of hours in excess of the number of hours 

prescribed, and all employers in the industry shall exercise due diligence to carry out the purpose of this section. 

ARTICLE IV-WAGES 

A. No employee shall be paid less than 321j2¢ per hour, or in 

southern states less than 30¢ per hour. 

1. This Article establishes a minimum rate of pay, regardless of 

whether an employee is compensated on a time-rate, piecework, or 

other basis. 

2. Female employees performing substantially the same work as 

male employees shall receive the same rates of pay as male employees. 

3. Wage differentials existing prior to June 16, 1933, shall be 

maintained for all employees receiving more than the minimum 

herein prescribed, notwithstanding that the hours worked may be 

hereby reduced. All employers shall report to the Code Authority 

within one month after the effective date of this Code such readjustment of pay schedules. 

ARTICLE V-GENERAL LABOR PROVISIONS 

1. No person under sixteen (16) years of age shall be employed in 

the industry, nor anyone under eighteen (18) years of age at operations or occupations hazardous in nature or detrimental to health. 

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 
146 

age certificates or permits, showing that 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 o:f 

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. 

3. No employee and no one seeking em.ployment 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 

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

Act. 

7. Each employer shall post in conspicuous places full copies of 

the labor provisions of this Code. 

ARTICLE VI-ADMINISTRATION 

To ftu·ther effectuate the policies of the Act, a Code Authority 

is hereby constituted to cooperate with the Administrator in the 

administration of this Code. 

1. Organization and constitution of Code Authority. 

(a) The Code Authority shall consist of five ( 5) individuals, or 

such other number as may be approved from time to time by the 

Administrator, to be selected as hereinafter set forth. The Administrator, in his discretion, may appoint not more than three additional members without vote to represent the Administrator or such 

groups or interests as may be agreed upon, without expense to the 

industry. 

(b) Four members of the Code Authority shall be selected by the 

Association from among its membership by ballot, and one member 

shall be selected by the nonmembers. 

(c) The Association shall: ( 1) Impose no inequitable restrictions 

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 activities as the Administrator may deem 

necessary to effectuate the purposes of the Act. 

(d) 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 provide 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 ap-
147 

propriate modification in the method of selection of the Code 

Authority. , 2. 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 disapprove or modify any action taken by the 

Code Authority. 

(a) With a view to informing the President and the Administrator 

as to the observance of this Code, and as to whether the industry is 

taking appropriate steps to effectuate the declared policy of the Act, 

each member of the industry shall furnish duly certified reports in 

the form and as required by the Code Authority on production, 

orders, sales, prices, and conditions of employment. The Association 

is hereby constituted the agency for the collection and receipt of 

such reports and for the forwarding of such reports to the Administrator ; and all such reports shall be held in strict confidence by the 

Association, except when they shall be required by the Administrator 

or the Code Authority in connection with a violation of the provisions 

of this Code. 

(b) The Code Authority may from time to time present to the 

Administrator recommendations based on conditions in the industry 

as they may develop which will tend to effectuate the operation of 

the provisions of this Code. 

(c) The Code Authority is also set up to cooperate with the Adn1.inistrator in making investigations as to the :functioning and 

observance of any provisions of this Code, at its own instance or 

on complaint of any person affected, and to report the same to the 

Administrator. 

(d) Members of the industry 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 o£ this Code and sustaining 

their reasonable share of the expenses o£ its administration. The 

reasonable share of the expenses shall be determined by the Code 

Authority, subject to review by the Administrator, on the basis of 

volume of business and/or such other factors as may be deemed 

equitable to be taken into consideration. 

3. In addition to the in:formation required to be submitted to the 

Code Authority, there shall be furnished to government agencies by 

the Association such statistical information as the Administrator 

may deem necessary for the purposes recited in Section 3 (a) o£ the 

Act, providing all such r equests are accompanied by the signed 

approval o£ the Administrator and an adequate supply of questionnaires to be distributed to the members o£ the industry by the 

Association for the collection and compilation of such statistics. 

4. The Industry recognizes the humane consideration attached 

to products of institutions for the blind, and in order to give constructive assistance and to prevent unfair competition, it is the will 

and purpose of the Industry to cooperate with such institutions. To 

effectuate such purpose, a committee as hereinafter provided, shall 

be recognized by the Code Authority for the purpose of conferring 

with the Code Authority and adjusting all matters arisin,g out of 

the competition of the products of the blind as they attect this 

industry. This committee shall secure necessary data from institu-
148 

tions :for the blind relati 1e to all matters affecting competition of 

the blind in ;his industry. The committee shall be made up as :follows: Chairman o£ the Code Committee of the American Association of Workers for the Blind, President or his representative of 

the American Assoc:ation of \Yorkers for the Blind, and a representative from the American Foundation for the Blind. The minimum wages and maximum hours provisions shall not apply to institutions for the blind which comply with the rules and regulations of 

the above corrunittee, after approval by the Administrator. 

ARTICLE VII-TRADE PRACTICES 

The :following practices constitute unfair methods of competition 

:for members of the industry and are prohibited: 

1. False Marking or Branding.-The false marking or branding of 

any product of the industry which has the tendency to mislead or 

deceive customers or prospective customers, whether as to grade, 

quality, quantity, substance, character, nature, origin, size, finish or 

preparation or otherwise. 

2. Misrepresentation 01' False 01' Misleading Advertising.-The 

making or causing or knowingly permitting to be made or published 

any :false, materially inaccurate, or deceptive statement by way of 

advertisement or otherwise, whether concerning the grade, quality, 

quantity, substance, character, nature, origin, size, finish, or preparation of any product of the industry, or credit terms, values, policies, 

or services of any member of the industry, or otherwise, having the 

tendency to mislead or deceive customers or prospective customers. 

3. Commercial Bribery.-Directly or indirectly to give or permit 

to be given, or offer to give, money or anything of value to agents, 

employees, or representatives of customers or prospective customers, or to agents, employees, or representatives of competitor's 

customers or prospective customers, without the knowledge of their 

employers or principals, as an inducement to influence their employers or principals to purchase or contract to purchase from the 

makers of such gift or offer, or to influence such employers or 

principals to refrain :fr01n dealing or contracting to deal with 

competitors. 

4. Interference 'with Contractual Relations.-Maliciously inducing 

or attempting to induce the breach of an existing oral or written contract between a competitor and his customer or source of supply, or 

interference with or obstructing the performance of any such contractual duties or services. 

5. Secret Rebates.-The secret payment or allowance of rebates, 

refunds, commissions, credits, or unearned discounts, whether in the 

form of money or otherwise, or the secret extension to certain purchasers of special services or privileges not extended to all purchasers on like terms and conditions. 

6. Giving of Prizes, Premi'ums, or Gifts.-The offering or giving 

of prizes, premiums, or gifts in connection with the sale of products, 

or as an inducement thereto by any scheme which involves lottery, 

misrepresentation, or fraud. 

7. Defanwtion.-The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, 
149 

questionable credit standing, or by other false representations or by 

false disparagement of the grade or quality of their goods. 

8. Threats of Litigation.-The publishing or circularizing of 

threats of suits for infringement of patents or trade marks or of any 

other legal proceedings not in good faith, with the purpose of harassing competitors or intimidating their customers. 

9. Espionage of Oompetitors.-Securing confidential information 

concerning the business of a competitor by a false or misleading 

statement or representation, by a false impersonation of one in authority, by bribery, or by any other unfair method. 

10. Sales Below' Oost.-The Code Authority shall formulate or 

cause to be formulated a uniform accounting system which shall 

be adaptable to the cost accounting procedure and to the business 

of the Industry. Such plan shall specify the factors which shall 

be included in determining the costs of each member of the Industry. 

Upon approval by the Administrator of such a system of cost accounting for the Industry, complete advice concerning it shall be 

distributed by the Code Authority to all members of the Industry. 

Thereafter no member of the Industry shall sell the products of the 

Industry at such prices or upon such terms and conditions of sale 

as will result in the purchaser's paying for such product less than 

the cost thereof to the seller, determined in accordance with the 

aforesaid system of cost accounting, except (1) to meet competition, 

not instigated directly or indirectly by the party desiring to meet 

such competition, and (2) to meet competition in violation of this 

rule concernin~ which he has made complaint to the Code Authority 

or anx authonzed agency thereof, but only pending action thereon, 

and ( 3) to liquidate stocks of distress merchandise under such conditions as may be approved by the Code Authority and the 

Administrator. 

11. Published Prioes.-Within ten (10) days each member of the 

Industry shall publish to the trade, and file with the Code Authority, 

a price list for all products of the Industry sold or offered for sale 

by him, together with the discounts and transportation allowances, 

if any, allowed therefrom, and fixed terms of payment; which price 

lists shall fully and accurately describe each product as to color..' 

treatment and weight of yarn, type of individual packaging, and 

the finish of the handle, if included. Revised price lists or revised 

discounts or terms and conditions of sale may be filed and published 

from time to time thereafter by any member of the Industry, provided, however, that such revision shall be published and filed with 

the Code Authority at least ten days in advance of the effective date 

thereof. Copies of revised price lists and discounts with notice of 

the effective date specified shall be sent immediately by the Code 

Authority to all known members of the Industry, who thereupon 

may file, if they so desire, revisions of their price lists and/or discounts, which may become effective upon the date when the revised 

price lists or discounts first filed shall go into effect. 

12. Sales Below Published Prices.-No member of the Industry 

shall sell or offer for sale any products of the Industry at prices lower 

than the prices noted in his price list or on more favorable terms and 

conditions of sale than the terms and conditions of sale previously 

published and filed by such member with the Code Authority in 
UNIVERSITY OF FLORIDA 

150 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllll lllll 

3 1262 08850 3080 

accordance with the foregoing provisions and in effect at the time 

of such sale. 

13. False I nvoices.-The making of any false invoice with the 

intent or with the effect of misleading the Code Authority. 

14. Oonsignment.-The sale or offering of any products of the 

industry on consignment. 

15. Other Practices.-N othing in this Code shall limit the effect 

of any adjudication by the Courts or holding by the Federal Trade 

Commission on complaint, finding, and order, that any practice or 

method is unfair, providing that such adjudication or holding is not 

inconsistent with any provision of the Act or of this Code. 

ARTICLE VIII-MoDIFICATION 

1. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 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. 

2. This Code, except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstances, 

such modification to be based upon application to the Administrator 

and such notice and hearing as he shall specify, and to become effective on approval of the President. ' 

ARTICLE IX-MONOPOLIES, ETC. 

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 INCREASES 

Whereas the policy of the Act to increase 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 

reasonable, be limited to actual increases in the seller's costs. 

ARTICLE XI-EFFECTIVE DATE 

1. The provisions of this Code shall be in effect ten ( 10) days after 

its approval by the President. 

2. This Code shall terminate when the President or the Congress 

shall declare the Act has ceased to be effective. 

Approved Code No. 159. 

Registry No. 1609-05. 

0