Approved Code No. 295 Registry No. 406-11

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

WATERPROOF PAPER

INDUSTRY

AS APPROVED ON FEBRUARY 17, 1934

MEMBER

R

U.S.

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Foreign and Domestic Conmnerce.

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Approved Code No. 295

CODE OF FAIR COMPETITION

FOR THE

WATERPROOF PAPER INDUSTRY

As Approved on February 17, 1934

ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE WAT

PAPER INDUSTRY

An application having been duly made pursuant to and 

compliance with the provisions of Title I of the National I

Recovery Act, approved June 16, 1933, for approval of a 

Fair Competition for the Waterproof Paper Industry, and h

having been duly held thereon and the annexed report on sa

containing findings with respect thereto, having been m

directed to the President:

NOW, THEREFORE, on behalf of the President of the 

States, I, Hugh S. Johnson, Administrator for Industrial R

pursuant to authority vested in me by Executive Order

President, including Executive Order No. 6543-A, dated Dece

1933, and otherwise; do hereby incorporate by reference said 

report and do find that said Code complies in all respects 

pertinent provisions and will promote the policy and purpose

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

tion be and it is hereby approved; provided, however, that p

visions of Article VI, Sections 2 to 9 inclusive, in so far as 

p

scribe a waiting period between the filing with the Code A

(i.e. actual receipt by the Code Authority) and the effective 

revised price lists or revised terms and conditions of sale be 

are hereby stayed pending my further order; provided furth

within ninety days I may direct that there be a further he

such of the provisions of said Code as I may designate, and 

order which I may make after such hearing shall have the e

condition on the approval of said Code. Approval WASHINGTON, 41083 GEO. 0 Division -376-17-34 recommended: L. February BERRY, D.C., Administrator. 17, 1934.Administrator (163) HUGH for Industrial S. JOHNSON

Re
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

SIR: This is a report of the hearing on the Code of Fair Com

for the Waterproof Paper Industry, conducted in Washin

October 20, 1933, in accordance with the provisions of Title 

National 1idiistrial Recovery Act.

HOURS AND WAGES

This Code provides a standard 40 hour week for factory 

with a weekly tolerance of eight hours to be paid for as o

The usual exceptions are made in regard to non-productive em

Office employees are limited to an average of 40 hours per w

an eight, week period.

The minimum wage rate in the North for hourly paid emp

400 per hour for males and 35' per hour for females. In th

the minimum wage rate for hourly paid employees is 35' ph

for males and 300 p'er hour for females. Office employees wi

r

a minimum wage of $16.00 per week in the North and $1

p

week in the South.

OPEN PRICE PLAN

An open price plan of selling is provided, and selling bel

except to meet competition, is prohibited.

OTHER PROVISIONS

Provision is made for furnishing the Administrator w

statistical data as he may require.

ECONOMIC EFFECT OF THE CODE

The Industry employed in 1929 approximately 650 person

July, 1933 approximately 450 persons, in a total of 28 pla

worked an average of 46 hours per week. The effect of the C

be to employ about 100 additional persons.

Because of the percentage of male and female workers recei

than the wage rates of 400 and .350 per hour the total inc

payrolls as a result of the Code will be about 17%.

having in ofThe I (a) Title this find Said Deputy matter; found I that: of Code the asherein Administrator National is well set designe(l Industrial forth. FINDINGS in and (164) to his promote on Recovery final the report basis theAct, policies of to me all including the on and prospr
165

of obstructions to the free flow of interstate and foreign c

which tend to diminish the amount thereof and will provid

general welfare by promoting the organization of industry 

purpose of cooperative action among the trade groups, by 

and maintaining united action of labor and management u

quate governmental sanctions and supervision, by eliminati

u

competitive practices, by promoting the fullest possible utili

the present productive capacity of industries, by avoiding u

r

striction of production (except as may be temporarily requ

increasing the consumption of industrial and agricultural p

through increasing purchasing power, by reducing and relie

u

employment, by improving standards of labor, and by 

rehabilitating industry.

(b) Said Industry normally employs not more than 50,000 

ees; and is not classified by me as a major industry.

(c) The Code as approved complies in all respects with p

nent provisions of said Title of said Act, including without l

Subsection (a) of Section 3, Subsection (a) of Section 7, and S

(b) of Section 10 thereof; and that the applicant association 

dustrial association truly representative of the aforesaid 

and that said association imposes no inequitable restriction

mission to membership therein.

(d) The Code is not designed to and will not permit mono

monopolistic practices.

(e) The Code is not designed to and will not eliminate o

small enterprises and will not operate to discriminate against 

(f) Those engaged in other steps of the economic process h

been deprived of the right to be heard prior to approval of sa

For these reasons this Code has been approved.

Respectfully,

HUGH S. JOHNS

Admini

FEBRUARY 17, 1934.
CODE OF FAIR COMPETITION FOR THE WATERP

PAPER INDUSTRY

To effectuate the policies of Title I of the National In

Recovery Act, the following is hereby established as a Code 

Competition for the above named Industry and shall be bin

every member thereof.

ARTICLE I-DEFINITIONs

The following words are used in this Code with the meanin

h

set forth:

"Industry. "-The manufacture of the following waterproo

p

products:

(a) Paper and paper board combined, saturated or coat

bituminous material.

(b) Combinations of paper or paperboard with cotton or b

or other methods of reinforcement, combined, saturated or 

with bituminous material.

(c) Crinkled or creped papers, either waterproofed or u

proofed, except creped tissue, paper towels, and paper crep

paper machine. But not to include roll roofing and not to incl

creped papers or textile reinforced papers sold by the manufac

such materials in the form of fabricated baglike articles such a

liners or bags, as distinguished from sheets or rolls.

"AMmber. "-A natural person, partnership, corporation, 

tion, trust, trustee, trustee in bankruptcy, receiver, or other 

enterprise, engaged in such Industry.

"Act. "-Title I of the National Industrial Recovery Act.

"Administrator. "-The Administrator for Industrial R

under Title I in the Act.

ARTICLE II.-ORGANIZATION AND ADMINISTRATION

SEcTION 1. The members of the Executive Committee 

Waterproof Paper Manufacturers Association, together wi

other person or persons as the Administrator may designa

hereby constituted the Code Authority of the Industry. Th

bers of the Code Authority designated by the Administrat

have no vote and shall serve without compensation from the I

Srm('Ts 2. The said Association shall impose no ine

restrictions cert itV met which ent S'rm or method iIied hod a said adission copies f 3. Association may selection forn toThe selecting of membership membership any Administrator of amendments in the saidthe Association, Industry members hereafter and (166) may shall of or members its adopt. relating of at file By-Laws, such any to with time the of Executive the the relating prescribe Code AdminCoiAuto 
167

and thereafter such members shall be Chosen in the manne

p

scribed.

SECTION 4. The Code Authority is charged generally with 

of administering this Code. If the Administrator shall d

that any action of the Code Authority, or any agency ther

be unfair or unjust or contrary to the public interest, the Ad

tor may require that such action be suspended to afford a

tunity for investigation of the merits of such action an

consideration by the Code Authority or agency pending fin

which shall not be effective unless the Administrator app

unless lie shall fail to disapprove after thirty (30) days noti

h

of intention to proceed with such action in its original or 

form.

SECTION 5. The expenses of admiiinistering this Code shall 

b

pro rata, in accordance with a formula to be adopted by 

Authority, by all members of the Industry who accept th

b

of the services of the Code Authority or otherwise assent to t

SECTION 6. The Code Authority shall have power to in

alleged violations of this Code and acts or courses of condu

member which are or appear to be contrary to the policy o

or which tend or may tend to render ineffective this Cod

report the same with recommendations to the Administrato

SECTION 7. The Code Authority is hereby constituted th

to endeavor to effect, by arbitral proceedings or otherwise

ments of contracts entered into by members of the Industr

the costs of executing such contracts are increased thr

application of the provisions of the Act or of this Code.

ARTICLE III-HOURS OF LABOR

SECTION 1. Employees in the Industry shall not be re

permitted to work hours in excess of the limits prescribed i

lowing schedules:

SCHEDULE OF WORKING HOURS

(a) W1Vatchnman.-Fifty-six (56) hours in any one week, b

more than six (6) days in any seven (7) day period. O

(56) hours in any one week, but not more than eight (8) hou

one day.

(b) Chaulfeurs, truckdrirers, and their helpers.-One hundr

(180) hours in any period of four (4) consecutive weeks, p

however, that time worked in excess of nine (9) hours in any 

or forty-five (45) hours in any one week shall be paid for a

than time and one-third.

(c) EnThgigineers, fre inen, electricians, after plant e mployces, e

hydro-electric operators.-One hundred and sixty-eight (168) h

plant, hours any time one-third. (45) (d) period hours worked All mill inill in any other in or or of factory.-Eight in factor?, :ny one four laborer,, excess one week, (4) or week of mechian consecutive on nine provided, shall work (8) (9) ical be hours connected hours workers paid weeks, however, in in for any or w-ith any as provided, artisans one not that onethe day less operatiday these emiiplohowethan and or 
168

limits may be exceeded for any reason at any time provided 

time worked in excess of the maximums prescribed shall be pai

not less than time and one-third, and provided, further, that 

p)loyee shall be required or permitted to work in excess of 

hours in any one day or forty-eight (48) hours in any one week

(e) Em u1poyec. 4 reful'arly en gaged in a managerial or e.recutire 

ai(1 other personal ucreta ries, forenien and sUperrisors, r

iryfi-te ($35.00) dollars or more per w'eek, avd outside sale

No limitation.

(f) All other en ployees.-Forty-eight (48) hours in any on

but not to exceed three hundred twenty (320) hours in any p

of eight (8) consecutive weeks.

SECTION 2. No limitation contained in said schedule shal

to employees of any class when engaged in emergency rep

eniergencv maintenance work occasioned by breakdowns or in

protection of life or property, provided, however, that all time 

in excess of the limitations prescribed in said schedule shall b

p

for as not less than time and one-third.

SECTION 3. No employer shall knowingly permit any empl

work for any time which, when totaled with that already pe

with another employer or employers in this Industry, exce

maximum permitted herein.

ARTICLE IV-WAGES

SECTION 1. The minimum rate of wage of any laborer, mec

worker or artisan employed in any plant, mill, or factory or o

connected with the operation of any such plant, mill or facto

be as follows:

(a) In the Northern zone, which shall consist of all of the t

of the United States except the States named in subdivision (b) h

Male labor, 40 cents per hour

Female labor, 35 cents per hour

(b) In the Southern zone, which shall consist of the States 

ginia, Tennessee, North Carolina, South Carolina, Georgia, 

Alabama, Mississippi, Louisiana, Arkansas and Texas.

Male labor, 35 cents per hour

Female labor, 30 cents per hour

SECTION 2. The minimum rates of wages for all other em

shall be as follows:

(a) In the Northern zone, as defined in Section 1 hereof, $16

p

week.

(b) In the Southern zone, as defined in said Section, $14

p

week. shall 350 shallated work SEcTioN SECTiON (c) per hour be apply irrespective on as Part-time paid male time-rate, 4. 3at in This Female employees, the the employees ra Article piece-work, South. te of employees of shall not establishes whether covered lss receive or performing than other an employee by a the the 400basis. minimum same provisions per substantially hour rate is ratectually in of of the of pay this pay No

thc
169

tive date of this Code file with the Administrator a descriptio

occupations in the Industry in which both men and wom

employed.

SECTION. 5. The wage rates of all employees receiving mo

the minimum rates herein prescribed shall be reviewed an

adjustments, if any, made therein as are equita ble in the lig

the circumstances, and within sixty (60) days after the effecti

hereof, the Code Authority shall report to the Administra

action taken by all members of the Industryi under this secti

employees. The Code Authority shall within 90 days after th

SECTION 6. Office boys and girls under 18 years of age, 

extent of no more than 5% of the total number of employ

scribed in Section 2 hereof may be employed at a wage of 

than 80% of the iinimum prescribed by said Section, p

that at least one such office boy or girl may be employed 

member.

SECTION 7. A person whose earning capacity is limited bec

age or physical or mental handicap may be employed on lig

at a wage of not less than 80% of the minimum prescribed 

Code provided the State Authority or other agency design

the United States Department of Labor shall have issued a 

cate authorizing his employment on such basis. Each memb

file with the Code Authority a list of all such persons emplo

him. The provision of this Section requiring a, certificate of au

shall not become effective until sixty days after the effecti

of this Code.

ARTICLE V-GENERAL LABOR PROVISIONS

SECTION 1. No person under sixteen (16) years of age shall b

ployed in the Industry. No person under eighteen (18) year

shall be employed at operations or occupations which are ha

in nature or dangerous to health. The Code Authority shall 

to the Administrator within sixty (60) days after the effective 

this Code a list of such operations or occupations. In any S

employer shall be deemed to have. complied with this provisio

age if he shall have on file a certificate or permit duly signed 

authority in such State empowered to issue employment or 

tificates or permits, showing that the employee is of the requir

SECTION 2. Employees shall have the right to organize and b

collectively through representatives of their own choosing, an

be free from the interference, restraint, or coercion of emplo

labor, or their agents, in the designation of such representativ

self-organization or in other concerted activities for the pur

collective bargaining or other mutual aid or protection. No em

as rates scribed Federal and employment organizing, Employers SECTION to no one age of by law pay, and of the 3. shall or which employees, seeking to No President. assisting join comply provision other imposes employment any wages, conditions with a company union on labor in theemployers this hours maximum shall organization Code of of employment, be work, or as shall more or required hours to supersede stringent of refrain of his as to approved labor, ownsafety, a from requirany condmchSjph
170

sanitary or general working conditions or insurance or fire pr

than tre imposed by this Code.

SECTION 4. No employer shall reclassify employees or 

occuipations performed or engage in any other subterfuge 

purpose (if defeating the purposes or provisions of the Act 

Code.

SECTION 5). All employers shall post copies of Articles III

V of this Code in conspicuous places accessible to employees

SECTION 6. Every employer shall make reasonable provi

the safety and health of his employees at the place and du

hours of their employment. Standards for safety and hea

be submitted by the Code Authority to the Administrato

six (6) months after the effective date of this Code.

SECTION 7. The Code Authority shall make a study of c

in the Industry to determine the feasibility of the adopt

shorter working week and shall, within three (3) months 

effective date of this Code, make a report of its findings to 

A

iministrator. The Code Authority shall also submit to the 

trator within six (6) months after the effective date of this 

plan for the stabilization and regularization of employment.

SECTION 8. The manufacture or partial manufacture of any p

of the Industry in homes shall be prohibited.

ARTICLE NI-ACCOUNTING-SELLING

SECTION 1. The Code Authority shall, as soon as pra

formulate a standard method of accounting and costing 

Industry and submit the same to the Administrator. A

method shall provide means for determining the price 

paper shall be charged to the converting division of a 

paper manufacturing and converting plant. When such 

shall have been approved by the Administrator, every mem

use an accounting and costing system which conforms to the p

of, and is at least as detailed and complete as, such standard 

SECTION 2. The Code Authority may from time to time d

that an open price plan of selling such product or produc

Industry hs it shall specify shall be put into effect on such 

shall fix. Notice of such determination shall be announc

known members of the industry who manufacture such pro

less than 30 days prior to the date so fixed.

SECTION 3. At least ten days prior to such date, every such 

shall file with the ("ode Authority a schedule of prices and 

sale for all such products or, in the alternative, shall be d

have filed a schedule conforming in respect to price and term

with the sched iile at any time on file which states the lowest p

the im(ost favorible terim1s. Authority unit, pertaining contract. date to SECTIO0 permiiit after fixdalyll by shall to All 4. discolifits the a All interested such single prescribe Code stiUch 0miginal order, or Authority schedules I)eirson md other schedtiles a shall coinnitiment deduictions to slall is determine contain provided shall be in have all for becoimie such in the information future Section been exact form effectiv

made, delivnet 2 as hep
171

SECTION 5. A revised schedule or schedules, or a new scch

schedules, or a notice of withdrawal of a schedule previous

may be filed by a member with the Code Authority at an

provided, however, that any member who withdraws a s

without substituting a new schedule therefor shall be deemed h

filed a schedule conforming in respect to price and terms of s

the schedule at any time thereafter on file which st-ntes the 

price and the most favorable terms. Any schedule or noti

ereunder shall become effective five days after the date o

provided, however, that an increased price may become effe

such earlier date as the member filing the same shall fix.

SECTION 6. The Code Authority shall promptly supply all m

of the Industry who manufacture any particular product with 

of all schedules, revised schedules, and notices of withdrawal

pertain to such product. Immediately upon receipt of info

relative to the withdrawal of a price for any product, any memil

file notice of withdrawal of his own price for the same product e

as of the same date as the notice of withdrawal of such other m

Immediately on receipt of information that a schedule then 

has been revised, or that a new schedule has been filed, any m

may file a revised schedule conforming as to price and terms 

schedule of such other member, and effective on the same dat

may notify the Code Authority that lie adopts as his own the s

of such other member. In the latter event, he shall be dee

have filed a revised schedule conforming to the revised sche

such other member.

SECTION 7. No such schedule of prices and terms of sale 

any member, or in effect at any time, shall be such as to per

sale of any product at less than the cost thereof to such m

determined in the manner provided in Section 11 hereof, pr

however, that any member may by notice to the Code Au

adopt as his own a lower price filed by another designated m

Such adoption shall become automatically void upon the with

or revision upward of the price adopted.

SECTION 8. No member who shall have filed a price, or ado

his own a price filed by another member for any product of the 

try, shall sell such product for less than such price or upon t

conditions more favorable than stated in such price schedul

member who shall have failed to file a price for any prod

which the open price plan is in effect, shall sell such produ

lower price or on terms more favorable than the lowest price an

favorable terms stated in any price schedule for such produ

on file.

SECTION 9. The Code Authority shall furnish at cost to an

member requesting them, copies of any price schedules whic

h

Section. to been non-members for t I See SECTION such meet which paragraph filed member, the no with 2 10. price of open at order No it. the determined approving of price member Such same a competitor plan this price tine Code. shall as ischedules that in provided sell effect whose price they any atin are shall less product Section sent does be than to made 11 not of membersthe hereof, thie viola

avail

cost In
172

SECTION 11. Cost, for the purposes of this Article, shall b

mined pursuant to the method of accounting and costing presc

provided in Section 1 hereof as soon as such method is adopted 

proved, and theretofore pursUtiant to the method employed by su

ber subject to such preliminary rules as the Code Author

from time to time prescribe with the approval of the Admin

SECTION 12. For the purpose of determining whether Se

and 10 hereof have been comJplied with, every member shall u

request of the Code Authority furnish a designated agency of 

Authority in respect to closed tranIsactions only, with comple

mation in regard to any quotation, order, contract, or sale 

product of the Industry, including information as to specif

quantities, price, conditions of storage, transportation or 

terms of billing, cash or trade discounts allowed and other p

facts relating to such quotation, contract or sale.

SEcTiON 13. Nothing herein contained shall be construed 

p

vent the disposition of distress merchandise required to be 

liquidate a defunct or insolvent business or of discontinue

damaged goods or seconds, in such manner, at such price and 

terms and conditions as the Code Authority and the Admi

may approve.

SECTION 14. Nothing herein contained shall be construed to p

the fulfillment of a bona fide contract existing on the effective 

this Code.

ARTICLE VII-REPORTS AND STATISTICS

SECTION 1. Each member shall prepare and file with an i

agent designated by the Code Authority at such times and 

manner as it may prescribe, such statistics, data and info

relating to plant capacity, volume of production, volume of 

units and dollars, orders received, unfilled orders, stocks o

h

inventory both raw and finished, number of employees, wa

r

employee earnings, hours of work and other matters, as t

Authority or the Administrator may from time to time requir

or all information so furnished by any member shall be su

checking for the purpose of verification by an examination of th

b

accounts and records of such member by any disintere

countant or accountants or other qualified person or person

nated by the Code Authority.

SECTION 2. Except as otherwise provided in the Act, or in th

all statistics, data and information filed or required in accorda

the provisions of this Code shall be confidential and the s

data and information of one member shall not 1e revealed to 

member. No such data or information shall be published e

combination with other similar data and in such a manner as 

such the arrange of Administrator the SECTION SECTION Inustrv disclosure Code statistical in Authority such 4. 3. statistics of in The as information manner confidential addition he Code there may to as iimeibers. from it Authority shall to as may information information. the time be determine Administrator furnished to shall time required to make for The require. to the Government Code maysuch current pubbe deem Authorreportsubmn
173

for the purposes recited in Section 3 (a) of the Act. Nothi

tained in this Code shall relieve any member of any existing ob

to furnish reports to any Government Agency.

ARTICLE iI1-MONPOLIES

SECTION 1. No provision of this Code siall be so applied as 

p

nut monopolies or monopolistic practices, or4 to eliminate, opp

discriminate against small enterprises.

ARTICLE I X-RECOMM ENNDATIONS

SECTION 1. The Code Authority may, from time to time, p

to the Administrator recommendations based on conditions 

Industry which will tend to effectuate the operation of this (C

the policy of the Act, and in particular along the following line

(a) For the establishment of additional rules of fair trade p

for the Industry and for the modification of its trade customs, 

enforcement thereof.

(b) For the establishment of plans to equalize productio

demand, so that the interests of the Industry and the public b

properly served.

(c) For dealing with any other inequality that may arise to 

ger the stability of the Industry and of production and employ

(d) For an increase or decrease in the number of Industry m

of the Code Authority and/or for a change in the method of c

such members.

SECTION 2. For the purpose of assisting the Code Autho

the Paper Manufacturing and/or Converting Industries in the 

ment of all labor disputes and labor complaints arising with

Industries, the Code Authority shall consider the advisab

creating a Joint Industrial Relations Board for such Industr

shall report its recommendations to the Administrator.

SECTION 3. Recommendations made pursuant to Sections 

hereof when approved by the Administrator shall have the sam

and effect as other provisions of this Code.

ARTICLE X-TRADE PRACTICES

SECTION 1. The following are hereby constituted Trade P

for the Industry and failure to comply with the provisions there

be a violation of this Code.

(a) Members of the Industry shall not practice deception in r

to that which is sold or its selling price by false or misleading 

tion, statement, record, or undisclosed consideration.

(b) Members shall refrain from dumping, extension of state

and petitor's breach give, the relation (c)d) (e) action secretanyhing Members No 'Members of to goods, member a the rebates. of competitor's business any of credit, shall shall value shall employee, not notrf give, for the contract. ability wilfully wilfully the employer permit agent purpose to inj induce perform or ue to of representative be such employee, by of or given, his influencing falsely attempt contracts. or defamining directly to of or the ind

anorep
174

of such agent or the represented party, without the knowledg

employer, principal or party. The foregoing provisions sha

b

construed to prohibit free and general distribution of artic

monly used for advertising except so far as such articles are 

used for conimercial bribery as herein defined.

(f) No member of the Industry shall ship goods on cons

except undor circumstances to be defined by the Code A

where peculiar circumstances of the Industry require the p

ARTICLE XI-GENERAL PROvISIONS

SETrIoN 1. If any member is also a member of another 

the provisions of this Code shall apply to and affect only 

p

of his business which is included in this Industry.

SECTION 2. Any work or process incidental to, and carried 

member at his plant as a part of the manufacture of any p

the Industry, shall be regarded as a part of this Industry.

SECTION 3. Such of the provisions of this Code as are not r

to be included therein by the Act, may, with the approv

Administrator, be modified and eliminated as changes in circu

or experience may indicate.

SECTION 4. This Code and all the provisions thereof are 

made subject to the right of the President, in accordance 

provisions of Section 10 (b) of the Act, from time to time 

or modify any order, approval, license, rule or regulation

under Title I of said Act, and specifically, but without limit

the right of the President to cancel or modify his approva

Code or any conditions imposed by him upon his approval th

SECTION 5. This Code shall become effective on the second 

after the date upon which it shall be approved by the Preside

United States.

Approved Code No. 295.

Registry No. 406-11.

0
a
UNIVERSITY OF FLORIDA

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