Approved Code No. 210 Registry No. 1644-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PIPE ORGAN INDUSTRY 

AS APPROVED ON JANUARY 16, 1934 

WE DO OUR PART 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Docurr.cnts, Washington, D.C. • • - - - - - Priec 5 cents 

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Approved Code No. 210 

CODE OF FAIR COMPETITION 

FOR THE 

PIPE ORGAN INDUSTRY 

As Approved on January 16, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

PIPE ORGAN 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 Pipe Organ 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 

pe.rtin~nt provi~ions and will promote the policy ~nd purposes C!£ 

said Title of said Act; and do hereby order that said Code of Fair 

Competition be and it is hereby approved. 

HuGH S. J OH~SoN, 

Administrator for Industrial Recovery. 

Approval recommended: 

GEORGE L. BERRY' 

Division Administrator. 

WASHINGTON, D.C., 

Jmnuary 16, 1931,.. 

20830°----296- 13----34 (203) 
The PRESIDENT, 

The White House. 

SIR: A Public Hearing on the Code o£ Fair Competition £or the 

Pipe Organ Industry, submitted by the National Association o£ 

Organ Builders, located at 45 West 45th Street, New York, N.Y., 

was conducted in vV ashington on the 8th of November, 1933, in accordance with the provisions of the National Industrial Recovery 

Act. The Association claims to represent 95 per cent of the 

Industry. 

The maximum hours permitted under this Code £or factory employees are forty ( 40) hours in any one ( 1) week provided, how- ever, that this limit may be extended to a maximum of forty-eight 

( 48) hours in any one ( 1) week, for a total of not to exceed twelve 

(12) weeks in any twelve (12) month period, and provided further 

that time and one tnird shall be paid for all hours per week over 

forty ( 40). For clerical and office employees a maximum of forty 

( 40) hours in any one ( 1) week is permitted, except that inventory 

a.nd statistical employees may be permitted to work a maximum of 

forty -eight ( 48) hours in any one ( 1) week for a total of not to 

exceed three ( 3) weeks in any six ( 6) month period. 

The minimum wage £or factory employees, except learners, is forty 

cents ( 40¢) per hour. The minimum wage for learners is at a rate 

not less than eighty per cent (80%) o£ the minimum established 

herein, and the total number of persons so employed by a member 

of the Industry is not to exceed one in number or five per cent ( 5%) 

o£ the total number o£ such member's factory workers, whichever is 

the higher and the period o£ learning is limited to six ( 6) month'-

whether served under one or more employers. 

The minimum wage £or other employees, except office boys and 

office girls, is fourteen dollars ($14.00) per week. Office boys and 

office girls are to be paid not less than eighty percent (80%) of 

the minimum established and the total number of such persons employed at less than fourteen dollars ($14.00) per week by any member of the Industry in any calendar month shall not exceed two (2) 

in number or five percent ( 5%) of the total number of such member's other employees, whichever is the higher. The minimum rate of 

pay established is to apply, irrespective of whether an employee is 

actually compensated on a time rate, piecework performance, or 

other basis. It is also provided that female employees performing 

sub tantially the same work as male employees shall receive the 

same rate of pay as male employees. 

The value gj commodities produced by the Organ Manufacturing Industry aggregated, during 1929, $11,322,726. During 1931 

product value declined 49.6 percent under the 1929 total, or to 

$5,710,028. 

The number of Pipe Organs manufactured in the United States 

increased from 1,151 in 1919 to 1,767 in 1923, and to 2,471 in 1927. 

Unit production dropped to 1,695 in 1929. This 31.4 percent drop 

of 1929 under 1927 was due for the most part to the introduction 

of sound in motion-picture theaters, which was one of the two main 

consumer group . Due to economic conditions, the demand for 

church organs has diminished to a very low level, as well. 

Because of the fact that a pipe organ is not a necessity of life, bnt 

a commo lity which supplies the cultural wants of mankind, it is 

not purchased until the more vital needs have been supplied. Not 

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205 

until prosperity has become well esta.blishe l will this industry 

experience a real upturn in busine s with the r esultant reemployment 

of a substantial number of employees. Wage earners employment declined 38.9 per cent from 1929 to 

1931. On the basis of the forty ( 40) hour week, 438 wage earners 

should benefit through reemployment. 

FU"\TDINGS 

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 proceedings in this matter : 

I find that: 

(a) Said Code is well designed to promote the rJOlicies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide 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 sanctions and supervision, by eliminating 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 required), 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 major 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 aforesaid 

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 a 

Code. 

This Industry has cooperated in a most satisfactory manner with 

the Administrator in the preparation of this Code. F rom evidence 

adduced during this hearing and from recommendations and r eports 

of the various Advisory Boards it is believed that thi Code as now 

proposed and revised repre ents an effective, practical, equitable solution for this Industry and for these reasons this Code has been approved. 

Respectfully, 

HuGHS. J o H N oN, 

A dm,inist1·ator. 

JANUARY 16, 1934. 
CODE OF FAIR COMPETITION 

FOR THE 

PIPE ORGAN INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, this Code is established as a Code of Fair Competition 

for the Pipe Organ Industry, and shall be the standard of fair competition for this industry and binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term "Pipe Organ Industry" as used herein is defined to 

include : 

(a) Organ builders who manufacture and/or assemble Pipe 

Organs. 

(b) Manufacturers operating a factory for the production of Pipe 

Organ parts. 

2. The term" member of the industry", as used herein, shall mean 

any person engaged as an employer in the Pipe Organ Industry. 

3. 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 method of payment of 

such compensation. 

4. The term" employer" as used herein includes any one by whom 

such employee is compensated or employed. 

5. The term "learner" as used herein shall mean an employee 

with less than six ( 6) months previous experience or employment 

in this indus try. 

6. The terms " Act " and " Administrator " as used herein shall 

mean respectively Title I of the National Industrial Recovery Act, 

and the Administrator for Industrial Recovery. 

ARTICLE III-HoURs 

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

forty ( 40) hours in any one week; provided, however, that this limit 

may be extended to a maximum of forty-eight (48) hours in any 

one week, for a total o:f not to exceed twelve (12) weeks in any 

twelve (12) month period; and provided further, that time and one 

third shall be paid for all hours per week over forty ( 40) . 2. No person employed in clerical or office wurk or any other employee not elsewhere specifically covered, shall be permitted to work 

(206) 
207 

jn excess o:f :forty ( 40) hours in any one "\\eek, except that in,entory and statistical employees may be permitted to work a maximum 

of forty-eight ( 4 ) hours in any one w ek for a total of not to 

exceed three (3) weeks in any six (6) month period. 

3. ""\Vatchm n shall be employ d in pairs and shall not be p rmitted to work more than·thirty-six: (3G) and forty-eight (48) hours 

on alternate weeks or an average of forty-two ( 42) hours per week. 4. The foregoing stipulations shall not apply to employees in 

managerial, supervisory, or executive capacities, technicians on research and engineering staffs, who receive thirty-five ($35.00) dollars or more per week, nor shall they apply to outside sale men. 

5. The foregoing stipulations hall not apply to outside in tallers 

and outside service men who shall be permitted to work forty-eight 

( 48) hours per week at the reo·ular hourly rate of pay and where 

emergencies require overtime, they shall be compensated at the rate 

of time and one third for all hours in excess of forty-eight ( 48). 

6. No employee shall be permitted to work for a total number of 

hours in excess of the number of hours prescribed herein, whether 

he be employed by one or more employers in this or any other 

indu try. 

ARTICLE IV-WAGES 

1. No factory worker, except learner , shall be paid at a rate less 

than forty cents ( 40¢) per hour. No learner shall be paid at a 

rate less than eighty percent (80%) of the minimum established 

herein, and the total number of persons so employed by a member 

of the industry shall not in any case exceed one in number or five 

percent ( 5%) of the total number of such member's factory workers, 

whichever is the higher. The period of learning shall be limited to 

six (6) months, whether served under one or more employers. 

2. No other emplo:y·ees, except office boys and office girls shall 

be paid less than fourteen dollars ($14.00) per week. Office bo. s 

and office girls shall be paid not less than eighty percent (80~ ) 

of the minimum established and the total number of such persons 

employed at less than fourteen dollars ($14.00) per week by any 

member of the inclu try in any calendar month shall not exceed two 

(2) in number or five percent ( 5%) of the total num_ber of such 

member's oth r employees as defined herein, whichever is the higher. 3. This article e tablishes a ·minimum rate of pay which hall 

apply, irre pective of whether an employee is actually compen ated 

on a time rate, piecework performance, or other basis. 

4. Female employee performing sub tantially the same "\\Ork as 

male employees shall receive the same rate of pay as male employ es. 

5. It i the policy of member of thi indu try to refrain from 

reclucin()' compensation for employment whi h compen ation wa , 

prior to June 16, 1933, in xce ·s of the minimum waO" h rein set 

forth; and all members of this indu try shall endeaYor to incr a e 

the pay of all emplo. ree in exce of the minimum WUO' a her in 

set forth, by an equitable adju tm nt of all pa ' sch lule unles the 

ame ha be n a ompli ·h d in e Jnn 1G 1933. All a tion tak n 

und r this ection hall be r ported t tl ode Auth rity within 

thirty (30) days after th cff tiY late f thi Cole. 
208 

6. A person whose earning capacity is limited because of age or 

physical or mental handicap may be employed on light work at not 

less than 80% of the minimum wage 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. The total number of persons so employed by any employer 

phall not in any case exceed one in number or 5% of the total number 

of his employees, whichever is higher. Each employer shall file 

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

ARTICLE V-GENERAL LABOR PROVISIONS 

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 dangerou,s to health. The Code Authority shall submit to 

the Administrator within sixty ( 60) days a list o.f 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 i.s of the required age. 

2. In compliance with Sectwn 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. 

3. No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge for the .Purpose 

of defeating the purposes or provisions of the Act or of th1s Code. 

4. Every employer shall make reasonable provision for the safety 

and health of his employees at the place and during the hours of 

their employment. 

5. 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, than are imposed by this 

Code. 

6. If any employer in this industry is also an employer in another 

industry, the provisions of this Code shall apply to and affect only 

that part of his business which is included in the Pipe Organ 

Industry. 

7. All systems of contract between employer and employee for 

the manufacture of any product or part thereof, or for work to be 
209 

done at a specific price, and/or by which en1ployecs engage other 

employees to work for them, are prohibited by thi Co le. 

8. All employers shall po t and keep posted copies of this Code 

in conspicuous places ace ible to employees. 

ARTICLE Vl-ORGANrz TION, PowERS, AND DuTIES OF THE CoDE 

A THORITY 

1. A Code Authority is hereby established to cooperate with the 

Administrator in the admini tration of this Code and shall consist 

of five persons to be selected by the National Association of Organ 

Builders by a fair method of selection approved by the Administrator. The Administrator in his discretion may appoint not more 

than three additional members without vote and without compensation, to serve for such period of time and to represent the Administrator or such group or groups as he may designate. 

2. Vacancies in the personnel of the Code Authority selected by 

the industry shall be filled through appointment by the Administrator upon nomination of the Code Authority. 

3. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall 

(1) impo e 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. 

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. 

5. Any member of the industry shall be eligible for membership 

in the National Association of Organ Builders or any other trade 

a sociation or organized group participating in the activities of the 

Code Authority upon compliance with the provisions of the bylaws 

relating to membership, provided that .any person applying for 

membership shall, in addition to the payment of such dues as are 

impo ed upon and paid by all other members accept a reasonable 

and equitable share of the cost of code administration. Such men1-

bers of the indu try a do not choose to become members of the 

National A sociation of Organ Builders or any other tra le a socia- tion or organized group may participate in the a tivities of the Code 

Authority ancl the selection of members thereof by as enting to an l 

complying with the requirements of this Code and paying to the 

Code Authority a rea onable share of the expen es of its admini - tration based on volume of business and/or u h other factors as 

may be d mel equitable, as determin d b. the o l Authority, 

subj ct to the li approval of the Admini. b·ator. 

G. Nothing containe<l in this Code hall con titut th memLer £ 

the Code \.uthority partn r for any purpo . Nor hall an ' m mber 
210 

of the Code Authority be liable in any manner to anyone for any 

act of any other member, 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 anyone for any action or omission to act under this Code, except 

for his own willful misfeasance or nonfeasance. 

7. The Code Authority shall have the following further powers 

and duties to the extent permitted by the Act, the exercise of which 

shall be reported to the Administrator, who shall have the right to 

disapprove of any action taken by the Code Authority. 

(a) To administer the provisions of this Code and provide for the 

compliance of the industry with the provisions of the Act. 

(b) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

(c) To obtain from members of the industry such information 

and reports as are required for the administration of the Code and 

to provide for submission by members of such information and reports as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act, which information and reports shall 

be submited by members to such administrative and/or government 

agencies as the Administrator may designate; provided .that nothing 

in this Code shall relieve any member of the industry of any existing 

obligations to furnish reports to any government agency. No individual reports shall be disclosed to any other member of the industry or any other party except to such governmental agencies as 

may be directed by the Administrator. 

(d) To use such trade associations and other agencies as it deems 

proper for carrying out of any of its activities provided for herein, 

provided that nothing herein shall relieve the Cod·e Authority of its 

duties or responsibilities under this Code and that such trade asso· 

ciations and agencies shall at all times be subject to and comply with 

the provisions hereof. 

(e) To designate the National Association of Organ Builders, or 

such other agencies as it may select as the agency for administering, 

supervising, and promoting the performance of the provisions of th1s 

Code. 

(f) 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. 

(g) To secure from members of the industry who assent to this 

Code and participate in the activities of the Code Authority an 

equitable and proportionate payment of the reasonable expenses of 

maintaining the Code Authority and its activities. 

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

any N.R.A. insignia solely by those members of the industry who 

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

( i) To recommend to the Administrator further fair trade practice provisions to govern members of the industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 
211 

ARTICLE VII-TRADE PRACTI E R LE 

Rule 1. InacCUJrate Adverti~ing.-No member of the indu try shall 

publish advertising (whether printed, radio display, or of any other 

nature) which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any goods (including but without limitation its use, trademark, grade, quality, 

quantity, origin, size, substance, character, nature, fini h, material, 

content or preparation) or credit terms values, policies, services, or 

the nature or form of the business conducted. 

Rule ~. False Billing.-N o member of the industry shall knowingly withhold from or insert in any quotation or invoice any state- ment that makes it inaccurate in any material particular. 

Rule 3. Inaccurate Labelling.-No member of the industry shall 

brand or mark or pack any goods in any manner which is intended 

to ur does deceive or mislead purchasers with respect to the brand, 

grade, quality, quantity, origin, size, substance, character, nature, 

finish, material, content or preparation of such goods. 

Rule 4. Inaccurate Reference to Competitors, etc.-No member of 

the industry shall publish advertising which refers inaccurately 

in any material particular to any competitors or their goods, prices, 

values, credit terms, policies, or services. 

Rule 5. Threats of Law Suits.-N o member of the indu try shall 

publish or circulate unjustified or unwarranted threats of legal proceedings which tend to or have the effect of harassing competitors 

or intimidating their customers. Failure to prosecute in due course 

shall be evidence that any such threat is unwarranted or unjustified. 

Rule 6. I nterference with Another's Oontracts.-No member of 

the industry shall attempt to induce the breach of an existing contract between a competitor and his employee or customer or source 

of supply; nor shall any such member interfere with or ob truct 

the performance of such contractual duties or services. 

Rule 7. Additional Trade Practices.-The Code Authority shall 

submit to the National Association of Organ Builders within thirty 

(30) days after the effective date of this Code its recommendations 

for additional trade practices, and such trade practices as are approved by the Association when approved by the Code Authority and 

the Administrator shall become a part of this Code and hall have 

the same form and effect as any other provisions 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 accor lance with the provisions of sub ection (b) of Section 10 of the Act, from time to time to 

cancel or modify any order, approval, license, rul , or. regulation 

issued under said Act. 

2. This Code, except as to provisions require l by the Act ma bo 

modified or amen led n the ba is of e:xperien e or hano·e in circumstances, such modification or amendments to be ba eel upon 

application to the A lmini. trator and u h notic an 1 hearincr a he 

shall specify, and to b come eff cti e on approval f the A lmini - trator, unless otherwi e provid d. 
UNIVERSITY OF FLORIDA 

212 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll 

3 1262 08594 6050 

ARTICLE IX-MONOPOLIES, ETC. 

No provision of this Code shall be so applied as to permit monopo- lies or monopolistic practices, or to eliminate, oppress, or discriminate 

against small enterprises. 

ARTICLE X-EFFECTIVE DATE 

This Code shall become effective on the eleventh (11th) day after 

its approval by the Administrator. 

Approved Code No. 210. 

Registry No. 1644-02. 

0