Registry No. 1611-01 

NATIONAL RECOVERY ADMINISTRATION 

PROPOSED CODE OF FAIR COMPETITION 

FOR THE 

MEAT PACKING 

AND ALLIED PRODUCTS MACHINERY 

AND EQUIPMENT INDUSTRY 

AS SUBMITTED ON SEPTEMBER 1, 1933 

U.S. DEt-oe-ITO"Y 

The Code for the Meat Packing 

and Allied Products Machinery and Equipment 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 OFFWE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. 

l 

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- - - - Price 5 cents 
SUBMITTED BY 

MEAT PACKING AND ALLIED PRODUCTS MACHINERY AND 

EQUIPMENT ASSOCIATION 

(II) 
PROPOSED CODE OF FAIR COMPETITION FOR THE MEAT 

PACKING AND ALLIED PRODUCTS MACHINERY AND 

EQUIPMENT INDUSTRY 

PURPOSE 

To effectuate the policy of Title 1 of the National Industrial Recovery Act, the following provisions are established as a Code of 

fair competition governing the Meat Packing and Allied Products 

Machinery and Equipment Industry. 

ARTICLE I-DEFINITIONS 

The following terms as used herein, unless otherwise clearly indicated by the context, are defined to have meaning respectively as 

follows: 

" The Association " means the Meat Packing and Allied Products 

Machinery and Equipment Association. 

"Person" means a natural person, a partnership, or a corporation. 

"Employer" means any person actively engaged in the manufacture and/or sale of machinery and equipment for slaughtering, cutting, and processing livestock including beef, hogs, horses, sheep, 

poultry, etc., for the curing, smoking, and processing of meat products; also the Machinery and Equipment for rendering and processing dead stock, bones, hides, garbage, etc. This Machinery and 

Equipment includes conveyors, trucks for transporting such products within plants. 

" Employee" means any one who is employed by any such 

employer. 

"The Act" means the National Industrial Recovery Act. 

"The President" means the President of the United States or his 

duly authorized a~ent. 

"The Industry ' means that combination of persons engaged in 

the manufacture and/or sale of machinery and equipment for 

slaughtering, cutting, and processing livestock, including beef, hogs, 

horses, sheep, poultry, etc., for the curing, smoking, and processing 

of meat products; also the machinery and equipment for rendering 

and processing dead stock bones, hides, garbage, etc. This machinery and equipment includes conveyors, trucks for transporting 

such products within plants. 

ARTIOLE II-EFFECTIVE DATE 

This Code shall become effective and binding on all persons engaged in the Industry on the eleventh day after its approval by the 

President. 

9948- 33 (1) 
ARTICLE III-LABOR 

SECTION 1. (a) Employees in the Industry shall have the right 

to organize and bargain collectively through representatives of their 

own choosing, and shall be free from 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. No employee in the Industry, and no one seeking 

employment therein, shall be required, as a condition of employment, 

to join any company union, or to refrain from joining a labor organization of his own choosing. Employers of labor in this Industry 

shall comply with the maximum hours of labor, minimum rates of 

pay, and other conditions of employment approved or prescribed 

by the President. 

SEcTION 1. (b) 1. It is clearly understood that nothing in this 

Code shall impair in any particular the Constitutional rights of the 

employer to protect his business and property from the unlawful 

activities of others. 

2. It is clearly understood that nothing in this Code shall impair 

in any particular the Constitutional rights of employee and the employer to bargain individually or collectively as n1ay be mutually 

satisfactory to them, nor impair the joint right of employee and 

emplo~ er to operate on an open-shop basis. 

3. Nothing in this code is to prevent the selection, retention, elimination, and advancement of e.mployees on the basis of their individual merit without regard to their affiliation or nonaffiliation 

with any labor organization. 

SEc. 2. (a) The employees qf the Industry, including clerical 

forces, but excepting executives, maintenance men, and watchmen, 

shall work an average of not more than 40 hours per week nor 8 

hours in any one day. Because of the exigencies of the Industry, 

caused by peak periods in the Packing Industry, it is neces ary to 

work employees more than 40 hours per week on occasion. For this 

purpose it shall be permissible to work emplyees 48 hours per week 

for not more than an 8-week period in any one year, and an additional 48 hours a week with a 10% tolerance for not more than 

8 additional weeks in any one calendar year. Ti.me and one third 

shall be paid for all hours worked in excess of the above minimums. 

(b) The minimum hourly rate for employees shall be forty cents 

per hour. As to learners, for the first consecutive eight weeks of their 

employment they may be employed at a lower wage but in no 

case less than 80 percent of the minimum stated above. Learners 

shall not exceed five percent of all labor employed by any one 

employee. 

(c) The rates for skilled labor shall bear a fair relation to the 

foregoing, giving due consideration to the experience and skill of 

the employees affected and to the prevailing scale for similar work 

in the locality of the employment, but nothing shall be done which 

might tend to set a maximum as well as a minimum wage. 

(d) In order that the President of the United States may be 

informed as to the observance or nonobservance of this Code and 

as to whether the Industry is taking appropriate steps to effectuate 

the declared policy of the Industrial Recovery Act, each person 
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engaged in any phase of the Industry will furnish to the Executive 

Board of the Association duly certified reports every six months 

showing the actual hours worked by the various occupational groups 

of employees and the minimum rates of wages in such form as 

may be hereafter provided. 

(e) On and after the effective date, employers shall not employ 

any person under the age of 16 years. 

(f) Nothing in this article shall apply to any employee who 

by reason of physical disability or infirmity, is competent for only 

light employ1nent. 

ARTICLE IV-ADMINISTRATION, CODE REPORTS, AND FEES 

:Meat Packing and Allied Products Machinery and Equipment 

Association of One Park A venue, New York, New York, through its 

Executive Board, is hereby designated the agency to assist the 

Administrator of the Act in administering, supervising, and promoting the performance of the provisions of this Code by the members 

of the Industry. 

Any employer may participate in this Code and in any revision. 

or additions thereto and receive the benefits thereof by accepting 

the proper pro rata share of the cost and responsibility of creating 

and administering it, either by becoming a 1nember of the Association or by paying to it an amount equal to the dues and assessments 

from time to time provided to be paid by a member in like situation 

of the Association to cover cost of administering, supervising, and 

promoting the performance of the provisions of this Code. 

With a view to keeping the President of the United States and 

the Administrator informed as to the observance or nonobservance 

of this Code, and as to whether the Industry is taking appropriate 

steps to effectuate in all re pects the declared p licy of the Act, each 

employer shall prepare and file with the Secretary of the Association 

at such times and in such manner as may be pre. cribed, statistics of 

number of people employed, their wage rates, earnings, hours of 

work, and such other data or information as may from time to time 

be required. 

Except as otherwise provided in the Act all statistical data file 

shall be confidential and the data of one employer shall not be revealed to any other employer except for the purpose of administering or enforcing the provisions of this Code. The Executive Board 

of the Association, through the Exe.cutive Secretary of the Association, shall have access to any and all statistical data that may be 

furnished in accordance with the provisions of this Code. 

All members of the Executive Board of the Association shall serve 

without pay except the Executive Secretary who shall be suitably 

reimbursed for services, but all members of the Executive Board 

shall have their actual and reasonable expense defrayed by the Association, while on business of this Code. 

Provision shall aJso be made for membership or other representa-

_tion on the Executive Board of the Association, of a representative 

of the Administrator of the Act. 

The Executive Board with the approval of the Administrator shall 

issue and enforce such rules, regulations, and interpretations, ilnpose 

upon persons subject to the jurisdiction of this Code, such restric-
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tions, and designate such agents, and delegate such authority to them 

as may be necessary to effectuate the purpose and enforce the provisions of this Code. 

ARTICLE V-PRICE LISTS 

(a) If and when the Executive Board determines that in any 

branch or subdivision of the Industry it has been the generally recognized practice to sell a specified product on the basis of printed net 

price lists, or price lists with discount sheets, and fixed terms of payment, each manufacturer of such product shall, within ten (10) days 

after notice of such determination, file with the Executive Board a 

net price list, or a price li t and discount sheet, as the case may be, 

individually prepared by him showing his current prices, or prices 

and discounts, and terms of payment, and the Executive Board shall 

immediately send copies thereof to all known manufacturers of such 

specified products. 

Revised price lists with or without discount sheets may be filed 

from time to time thereafter with the Executive Board by any 

manufacturer of such product, to become effective upon a date 

specified by the Executive Board, and copies thereof with notice of 

the effective elate specified shall be im1nediately sent to all known 

manufacturers of such product, any of whom may file, if he so 

desires, revisions of his price list and/or discount sheets, which 

shall become effective upon the date when the revised price list 

or discount sheet first filed shall go into effect. 

(b) If and when the Executive Board shall determine that in 

any branch or subdivision of the Industry not now selling its product on the basis of price lists, with or without discount sheets, with 

fixed terms of payment, the distribution or marketing conditions in 

said branch or subdivision are the same as or similar to the distribution or marketing conditions in a branch or subdivision of the 

Industry where the use of price lists, with or without discount sheets, 

]s well recognized, and that a system of selling on net price lists or 

price lists and discount sheets with fixed terms of payment should 

be put into effect in such branch or subdivision, then each manufacturer of the product or products of such branch or subdivision shall, 

within twenty (20) days after notice of such determination, file with 

the Executive Board net price lists or price lists and discount sheets 

containing fixed terms of payment, showing his prices and discounts and terms of payment, and such price lists and/or discount 

sheets may be thereafter revised in the manner hereabove provided. 

Provided, that the Executive Board shall make no determination 

to place any product of the Industry (not now on a price-list basis) 

on a price-list basis, as provided in this paragraph of this Article, 

unless two thirds of the members of applicant who are at that time 

engaged in manufacturing such product shall affirmatively consent 

that such detennination be made. 

(c) The Executive Board shall have power, on its own initiative 

or on the complaint of any employer, to investigate any price for 

any product shown in any price list and/ or discount heet so filed 

with the Executive Board by any employer· and, for the purpose 

of the investigation thereof, to require such employer to furnish such 

information concerning the cost of manufacturing and selling such 

products, and if Executive Board after such investigation shall de-
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tennine that such price is an unfair price for such product, having 

regard to the cost of manufacturing and selling such product, and 

that the maintenance of such unfair price will result in unfair 

competition in the Industry and be contrary to the spirit of the 

Act, the Executive Board may require the employer who filed the 

price list and/ or discount sheet in which such unfair price is shown 

to file a new price list and/ or discount sheet showing a fair price 

for such product, which fair p1·ice shall become effective immediately 

upon the filing of such list. 

If such employer shall not, within ten (10) days after notice to it 

of such determination by the Executive Board, so file a new price list 

and/or discount sheet showing such fair price for such product, the 

Executive Board shall have power to fix a fair price for such 

product, which fair price when so fixed, however, shall not be more 

than the price of any other employer at that time effective for such 

product, and in respect of v:hich the Executive Board has not theretofore begun an investigation or a complaint has not been made by 

any employer. 

When the decision of the Executive Board fixing such fair price 

has been made and it has given notice thereof to such employer, 

such fair price shall be the price for such employer for such product 

until it has been changed as in this Code provided. 

A notice of all decisions of the Executive Board under this paragraph (c) of this Article, together with the reasons therefor, shall 

be filed with the President. 

No employer shall sell, directly or indirectly by any means whatsoever, any product of the indu try covered by provisions of this 

Article at a price lower or at discounts greater or on more favorable 

terms of payment than those provided in his own current net price 

lists or price lists and discount sheets. 

ARTICLE VI-LIST OF UNFAIR PRACTICES 

For all purposes of the Code the following-described acts shall 

constitute unfair practices: 

A. Making or promising to any purchaser or prospective purchaser of any product, or to any officer, employee, agent, or representative of any such purchaser or prospective purchaser, any bribe, 

gratuity, gift, or ofher payment or remuneration directly or indirectly. 

B. Procuring, otherwise than with the consent of any member of 

the Code, any information concerning the business of such member 

which is properly regarded by it as a trade secret or confidential 

within its organization. 

C. Imitating or simulating any design, style, mark, or brand used 

by any other member of the Code. 

D. Disseminating, publishing, or circulating any false or misleading information relative to any product or price for any product 

of any member of the Code, or the credit standing or ability of any 

member thereof to perform any work or manufacture or produce 

any product, or to the conditions of employment among the employees of any member thereof. 

E. Inducing or attempting to induce by any means any party to 

a contract with a member of the Code to violate such contract. 

F. Aiding or abetting any person, firm, association, or corporation 

in any unfair practice. 
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3 1262 08850 3189 

G. Making or giving to any purchaser of any product any guaranty or protection in any form against decline in the market price 

of such product. 

H. Stating in the invoice of any product as the date thereof a 

date later than the date of the shipment of such product, or including in any invoice any product shipped on a date earlier than the 

date of such invoice. 

I. Secret rebates in the form of special services, discounts, advertising allowances, or free samples. 

J. Fraudulent and deceptive practices, including false and misleading advertising, mislabeling, and misbranding. 

K. Enticing of employees of other members of the Code, directly 

or indirectly, to leave their employment. 

ARTICLE VII-MoNOPOLIES 

(a) This Code is not designed to promote monopolies and shall 

not be availed of for that purpose. 

(b) The provisions of this Code shall not be so interpreted or 

administered as to eliminate or oppress small enterprises or to discriminate against them. 

ARTICLE VIII-CHANGES AND ADDITIONS 

Such of the provisions of this Code as are not required to be included therein by the Act may with the approval of the President, 

be modified or eliminated in such manner as may be indicated by the 

needs of the public, by changes in circumstances, or by experience; 

all the provisions of this code, unless so modified or eliminated, shall 

remain in effect until the expiration date of Title 1 of the Act. 

In order to enable the Industry to conduct its operations subject 

to the provisions of this Code, to establish fair trade practices within 

the Industry and with those dealing with the Industry, and otherwise to effectuate the purpose of Title 1 of the Act, supplementary 

provisions of this Code or additional codes may be submitted from 

time to time, through the Executive Board of the Association, for 

the approval of the President. 

ARTICLE IX-CANCELLATION oR 1\IIomFICATION 

This Code or any of its provisions shall be cancelled or modified 

and any approved rule issued thereunder shall be ineffective to the 

extent necessary to conform to any action by the President under 

Section 10 (b) of the Recovery Act in cancellation or modification 

of any order, approval, license, rule, or regulation pertaining thereto. 

ARTICLE X-VIOLATION 

Violation by any persons subject to the provisions of this Code, 

or of any approved rule issued thereunder or of any agreement 

entered into by them with the Executive Board of the Association to 

observe and conform to this Code and said rules, is an unfair method 

of competition, and the offender shall be subject to the penalties 

imposed by the Act. 

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