Approved Code No. 152 Registry No. 1147-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

( 

FOR TUE 

CAN MANUFACTURERS 

INDUSTRY 

AS APPROVED ON DECEMBER 15, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

of Transmittal 

. -· ..... lAll o-- : ,..,.. ... 

u.i. DI'°",,_.. 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. - - - - - - - - Prica i cents 
This publication is for sale by the Superintendent of Document , Government 

Printing Office, Washington, D.C., and by district offic s of the Bureau ot 

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 A venue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky. : 408 :il'ederal 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 ew Po t Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Building. 
Approved Code No. 152 

CODE OF FAIR COMPETITION 

FOR THE 

CAN MANUFACTURERS 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 ~une 16, 1933, for my approval of a Code 

of Fair Competition for the Can Manufacturers Industry, and hearings having been held thereon and the Administrator 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: 

NOW, 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 approve the report and recommendations and 

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

code of fair competition be and it is hereby approved, provided 

section 3 of article III be amended by adding thereto the following : 

"Territories and possessions wage district.-All other territories 

and possessions of the United States, to which the provisions hereinafter set forth as to the Hawaiian Wage District shall apply." 

26902°-244-152-33 (15) 
16 

And provided further, that the following be added under section 

4 of article I at the nd of the first sentence : 

In addition to th above information there shall be submitted 

to Go rnment agen ie u h tatistical information as the Ad.mini~-

trator may deem necessary for the purposes recited in section 8 (a) 

of the ational Industrial Recovery Act." 

FRANKLIN D. ROOSEVELT. 

Approval recommended : 

HuoH S. JoHN oN, 

Administrator. 

THE WHITE HousE, 

December 15, 1933. 
NOVEMBER 29, 1933. 

The PRESIDENT, 

The White House. 

Sm: This is a report on the Code of Fair Competition proposed 

for the Can Manufacturers Industry in the United States and 

Hawaii, and on the hearing conducted thereon in Washington, D.C., 

on September 20, 1933, in accordance with the provisions of the 

National Industrial Recovery Act. 

Provis-ions of the Gode as to Wages and H oir,rs.-The Code provides £or a 40-hour week and an 8-hour day, with an allowance 

of 48 hours per week for not to exceed six weeks in any six-month 

period on Packers' Cans ; and 48 hours per week for not to exceed 

three weeks in any six-month period on General Line Cans. Hours 

of employment in excess of the above must be paid for at the rate 

of one and one half times the regular hourly rate. 

The limitation of 40 hours of work per week applies also to office 

employees. 

The Industry originally proposed rates of 25¢ and 30¢ for the 

South and North as representing a material increase over rates being 

paid, but at the earnest request of the Administration these differentials have been eliminated and the minimum wage increased to 

321⁄2¢ per hour. 

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

is to be employed in certain defined hazardous occupations of the 

Industry. 

Provision is made for the equitable adjustment of wages above the 

established minimum. 

The Can Manufacturers Industry represents a volume of business 

amounting to about $325,000,000 annually and the Industry has been 

represented in the consideration of the Code by approximately fifty 

percent of the membership, equivalent to approximately eighty-five 

percent of the sales volume of the known me1nbers of the Industry. 

There are two distinct lines of business in the Industry, that of 

"general line" cans, which are used in packing a great variety of 

articles, and "packers" cans, which are used in the packing of all 

foodstuffs, vegetables, meats, fish, milk, etc., and which comprise 

sixty percent of the output. The Industry itself has no control over 

the time at which the products shall be required and delivered, as 

crops must be harvested and packed immediately upon ripening to 

avoid spoilage or deterioration. Weather conditions which vary and 

cannot be forecast control the seasons for different commodities. 

Furthermore, it is impracticable to manufacture large quantities of 

cans in anticipation of demands, since seasonal requirements of packers cannot be estimated and since the bulk space required makes the 

cost of storage prohibitive. 

Approximately 27,978 people are employed, of which seventy-four 

percent are men and twenty-six percent women, with an average 

(17) 
18 

pa roll am unting to $478 450 p r w ek, or approximately 24.,000,000 

pr annum. 

Th a rage minimum hourly rat s of pay in the Industry are 

h n a follows : 

Oents 

19°6 -------------~----- --------------------------------- 23.0 1929 ___________________________________________________ 2 .5 

pt. 1933 ______________________________________________ 25 

Under the Code---------------------------------------- 82. 5 

The minimum rate provided under the Code, there£ ore, represents 

an increase over the previous existing average minimum for 1926 of 

thirty-seven and seven tenths percent; for 1929 of fourteen percent; 

and over the present minimum of thirty percent. 

Under the hours of labor proposed, it is estimated that the 

Industry will be obliged to increase its employment at least twelve 

and one half percent. 

I believe that the Code is fair to Industry, to Labor, and to the 

Consumer, and accomplishes the intent and purpose of Title I of 

the National Industrial Recovery Act. 

Findings.-The Deputy Administrator finds that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 

thereof; and that 

(b) The applicant group herein, imposes no inequitable restrictions on admission to membership and is truly representative of the 

Can Manufacturers Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises, and will not operate 

to discriminate against them~ and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

Accordingly I hereby recommend the approval of this proposed 

Code of Fair Competition for the Can Manufacturers Industry. 

Respectfully, 

HuoH S. JOHNSON, 

Admlinistrator. 
CODE OF FAIR COMPETITION 

FOR THE 

CAN MANUFACTURERS INDUSTRY 

ARTICLE I-PURPOSE OF THE CooE 

This code is adopted pursuant and subject to Title I of the National Industrial Recovery Act with the purpose of effectuating the 

policy therein enunciated insofar as apphcahle to the Can Manufacturers Ind us try. 

ARTICLE II-DEFINITIONS 

Whenever used in this Code or in any schedule annexed hereto, 

the terms hereinafter in this Article II shall, unless the context shall 

otherwise clearly indicate, have the respective meanings hereinafter 

in this Article set forth : 

(a) The term " Code " as used herein means and includes this 

Code and all schedules annexed hereto as originally approved by the 

President and all amendments hereof and thereof made as hereinafter provided. 

(b) The term "Industry", as used herein, means and includes the 

business of manufacturing, producing, selling, and distributing any 

type or kind of cans, containers, and packages, made wholly or in 

part from tin plate, black f late, or similar kind of sheet metal 

( except those made partly o fibre and/ or paper), and used chiefly 

for original distribution of commodities, whether such cans, containers, and packages are for use and consumption by maker, or are 

for sale, or are used in connection with and incidental to the major 

and prime business of maker, except where such can or container is 

manufactured and sold solely as an original or replacement or 

auxiliary part of the product of refrigerating machinery industry 

as now or hereafter organized and is not sold for use as a container 

for distribution of food or other products. 

( c) The term " packers cans " as used herein means and includes 

all cans, containers, and packages produced by the Industry for the 

packing, preservation, and distribution of perishable commodities. 

The term " general line cans " as used herein means and includes all 

cans, containers, and packages produced by the Industry other than 

those herein defined as " packers cans." 

( d) The term "employer" as used herein means and includes, but 

without limitation, every individual, partnership, firm, association, 

or corporation or other entity engaged in the business of the Industry 

as herein defined. 

(19) 
20 

V ry 

United 

ARTICLE III-LABOR ODE 

SECTION 1. (a) Employees shall have the right to organize and 

bare;ain collectively through repre entatives of their own choo ing, 

anct shall be free from the interference, restraint, or coercion of emplo er of labor, or their agents, in the designation of such reprentati ves or in self-organization or in other concerted activities for 

the purpose of collective bargaining or other mutual aid or 

protection; 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to refrain fron1 joining, organizing, or assisting a labor organization of 

his own choosing ; 

( c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President; 

SEC. 2. No person under sixteen (16) years of age shall be employed in the Industry; provided, however, where a state law requires a higher minimum age, that no person below the age so specified shall be employed within that state. No person under eighteen 

(18) years of age shall be employed in the industry on stamping, 

punching, and blanking presses on which material is fed direct to 

dies by hand tinning, and hot-galvanizing operations. 

SEc. 3. The f ollow1ng wage districts have been established : 

United States Wage District: All states of the United States shall 

be considered within the United States Wage Distriot. 

Hawaiian Wage District: All islands of the Territory of Hawaii 

shall be considered in the Hawaiian Wage District. 

" Territories and possessions wage district.-All other territories 

and possessions of the United State to which the provisions hereinafter set forth as to the Hawaiian Wage District shall apply.' * 

SEc. 4. Until changed by amendment of this Code, as hereinafter 

provided-

(a) o employer shall employ any employee for more than 40 

hours in any week, without the payment of overtime; provided, however, that in order to meet the increa ed demands of the cann r~ over 

which the employers have no control, the said hours of employment 

in the manufacture of "'Packers Cans" may be increased to fortyeight ( 48) hours per w k for not to exceed 6 weeks in any six 

• Approval of this Code is made condi1;ional upon insertion of this paragraph per Executive Order approving the Code. 
21 

months without the payment of overtime; and provided :further, 

that in order to meet contingencies over which the employers have 

no control, the said hours of employment in the manufacture of 

"General Line Cans" may be increased to forty-eight ( 48) hours 

per week for not to exceed three (3) weeks in any six (6) months 

without the payment of overtime. 

(b) All employees, except those mentioned in paragraphs ( d) and 

( e), if employed for more than the maximum hours per week provided in paragraph (a) shall be paid for all excess time at the rate 

of one and one half times the regular hourly rate at which such 

employees shall be employed; but all such employees if employed for 

more than eight (8) hours in any one day shall be entitled to be paid 

overtime for such excess hours per day at the same overtime rate 

even if not entitled to overtime on the weekly basis provided for in 

the aforesaid paragraph (a). Any time worked on Sundays or legal 

holidays shall be paid for at the same o, ertime rates. 

(c) No employee shall be paid less than thirty-two and one half 

(321⁄2) cents per hour in the United States Wage District, nor less 

than the minimum rate for the same class of work on July 15th, 1929, 

in the Hawaiian Wage District. That 80% of the employees of each 

factory operated under this Code shall receive higher rates of wages 

than the minimums herein specified. 

(d) The provisions of this Article III shall not apply to executives, those employed in a managerial or executive capacity, research 

technicians, or in any other capacity of sole responsibility who receive more than $35 per week, watchmen, traveling and outside 

salesmen, and outside service men and all employees engaged in taking, compiling, or reporting inventories; provided, no watchmen 

shall be employed in excess of fifty-six (56) hours per week without 

the payment of overtime, which shall be at the rate of one and 

one half times the regular hourly rate at which such employees shall 

be employed. 

( e) No employee engaged in office and clerical work shall be 

paid less than $14 per week in the United States Wage District and 

Hawaiian Wage District. 

(f) The hourly rates of wages of employees now being paid in 

excess of the established minimum shall be equitably adjusted. 

(g) This Section 4 establishes a minimum rate of pay regardless 

of whether an employee is compensated on a time rate, piecework, 

or other basis. 

ARTICLE IV-UNFAIR PRACTICES 

SECTION 1. For all purposes of this Code the following described 

acts shall constitute unfair practices: 

(A) The making, causing, or permitting to be made or published 

any false, misleading, or deceptive statements of or concerning the 

business policies, methods, or products, or price for any products of 

any employer in the Industry, or the credit standing or ability of 

any such employer thereof to perform any work or manufacture or 

produce any products; 

(B) The payment or allowance of rebates, refunds, commissions, 

credits, or unearned discounts, whether in the form of money or 

otherwise, or extending to certain purchasers special services or 
22 

privil cr not xt nd d .to all pur hru r und r like tenns and conditi n · · xc ptino- howe r su h diff r ntials or diff r n hen pur ha · r a are p rmitt by the t rm of e tion 2 of 

la ·ton t · ( ) Th pra ice f givin er m ney or any other f rm of gratuity 

or r mun rati n lir tly or indir ctl to p r on pla ing orders 

for th purcha of any product of th Indu try or to any officer, 

mpl y aCYent or repr entative th r of a well a~ the acceptance 

of th money or other form of gratuity, but tbi hall not apply 

to the payment of commi ion to brok rs placing ord rs for their 

cu tamer · 

(D) The practice of inducino- or attempting to induce by any 

means any party to a contract with an mployer in the Indu try to 

viol at such contract; and 

(E) An violation of any other provi ·ion of this Code, particularly Article III hereof. 

othing in this Section 1 contained, however shall be o construed a to prevent the performance by any employer in the Industry of any valid bona fide contract ma le and entered into before 

the effective date of this Co le; provided, however, that such contract has not been made and entered into before the effective date 

hereof in contemplation thereof and with intent to defeat the purpo e hereof. 

SEc. 2. The above-described unfair practices and all other practice. which shall be declared to be unfair practices by any amendment 

to this Code, adopted a provided in Article VIII hereof, and at the 

time in effect shall be unfair methods and practices of competition in 

commerce and the using or practicing of any of them shall be a violation of this Code, and any person, partnership, firm, association 

or corporation, engaged in the Indu try ( whether he has voluntarily 

a sented to thi Code as herein provided or not) who shall, directly 

or indirectly, through any officer, employee, agent or representative; 

knowingly use or practice any such unfair practice shall be guilty ot 

a violation of the Code within the meaning of Title I of the ational 

Industrial Recovery Act. 

ARTICLE V-ADJUSTIIENT OF PRIOR CONTRACTS 

SECTION 1. This Code recognizes the existence of contracts for the 

sale of the products of the Indu try entered into prior to June 16, 

1933, the effectiYe date of the National Indu trial Recovery Act, and 

providing for deliveries sub equent to said date, which la k clau es 

or provision whereby the price shall be adjusted to cover incr ased 

o t re ulting from the operation of the .ational Indu trial Recov ry Act. Since such increa s in co t are be ond the control of 

the eller it is equitable that such contract hall be adju ted to reflect he increa ed co resulting from the op ration of the provi ions 

of thi Code. Further, if the fulfillment of or lers i d layed or prolonged a the re ult of the operation of this ode, appropriate time 

may be allowed for the completion of such orders or contracts. The 

Board of overnors of thi ode i hereby con tituted an ag ncy to 

a. i tin effectin()' uch adju tments wh re adju tments are not ao-r ed 

upon betw n th parties, but only wh n r qu t d so to do by an 

as ·enting mployer desiring such assistance. 
23 

ARTIOLE VI-ADMINISTRATION 

SECTION 1. Any employer may voluntarily assent to this Code by 

signing and delivering to the Board of Governors, a letter substantially as set forth in Schedule A hereof. 

To the extent required or permitted by or under the 12rovisions of 

Title I 0£ the National Industrial Recovery Act the provisions of this 

Code shall apply to and be binding upon every employer as defined 

in Article II hereof, whether or not such employer has voluntarily 

assented to this Code as herein provided; but only such employers as 

shall have voluntarily assented to this Code as hereinafter provided, 

shall be entitled to participate in its administration and to vote for 

members of the Board of Governors as herein provided. 

SEc. 2. This Code shall be administered by a Board of Governors 

of twelve (12) in number, chosen and elected from the employers 

of the Industry who have voluntarily assented to this Code in the 

manner and as provided in Schedule B hereto annexed and such 

Governors so elected shall serve for a period of one year from the 

date of their election or until their successors are elected and qualify. 

The election, duties, and powers of the Board of Governors, and the 

rules and regulations in respect of meetings of assenting- employers, 

are set forth in Schedule B hereto annexed. The Admirnstrator may 

appoint not to exceed three (3) members to serve without vote with 

the Board of Governors in the administration of this Code. 

SEc. 3. The expenses of formulating, putting into effect, and 

administering this Code shall be borne by and assessed against the 

employers of the Industry who have voluntarily assented to this 

Code and also such employers of the Industry who receive the benefits of this Code. Such assessments shall be made as provided in 

Schedule B annexed hereto. 

SEo. 4. In order to keep the President and the Administrator 

informed as to the observance or nonobservance of this Code, each 

employer shall prepare and file with the Board of Governors at such 

times and in such manner as said Board may prescribe statistics covering the number of persons employed, wage rates, hours of working1 and such other data or information respecting the conditions ot 

labor as the Board of Governors may require, but such information 

shall be treated as confidential and used only and for the sole purpose herein set forth. " In addition to the above information there 

shall be submitted to Government agencies such statistical inf ormation as the Administrator may deem necessary for the purposes recited in section 3 (a) of the National Industrial Recovery Act." * 

Any action taken by the Board of Governors or other group within 

the Industry, relative to the administration of this Code, may in 

the discretion of the Board of Governors or such other group be 

submitted to the Administrator for approval, and shall in any case 

be subject to the disapproval of the Administrator. 

ARTICLE VII-GENERAL PROVISIONS 

SECTION 1. As soon as employers in the Industry shall have voluntarily assented to this Code by executing letters subst antially in the 

• Ap.proval of this Code is made conditiona l upon insertion of this paragraph per Executive Order approving the Code. 
24 

form t f rth in hedul .A ann x d h r to uffi i nt in numb rand 

importanc t mak th amc trul r pr cntati ve of the Indu tryl 

u h a ntin<Y mpl · r hall 1 ct th memb r of the Board t 

OY rnor a h r in pro id d and ail Board u1 on being so elected, 

hall promptly nbmjt thi de to th Pr i l nt, pur uant to the 

pr vi ion f Title I of th r ati nal Indu trial R cov ry Act, and 

upon th appr v l of thi od b th Pr silent, pur uant to proviions f uch Title I it hall con titute a bindin~ con ract by and 

amoncr tho e who have a nted th rcto as in this ode provided, 

subje t howev r, to an1en lmcnt and termination as in rticle III 

provided. 

E . 2. Thi ode shall bee me eff ecti e fifteen ( 15) days after 

approval by the Pre id nt, which date hall be the effective date 

her of. 

E . 3. The President may from time to time cancel or modify any 

order, approval license, rule, or regulation issued under Title I o:f 

the ational Indu trial Recovery Act. 

Ann LE VIII-AMENDMENTS AND TERaIIN A TION 

SECTION l. Any employer as enting to this Code that may hereafter desire to have the ode amended or any supplementary provisions added should take the following procedure : Pro:pose the 

amendment to the Board of Governors who shall, if a ma3ority of 

the Board shall approve the proposed amendment, submit it to a 

meeting of the employers assenting to this Code especially called for 

that purpose upon due notice; and if at any such meeting assenting 

employers having the right to cast at least 75% of all the votes that 

might be cast if all such assenting employers were present, shall 

vote in favor of the adoption of such proposed amendment, such 

amendment shall be subnutted by the Board of Governors to the 

President for approval, and such proposed amendment shall take 

effect as a part of this Code upon such approval thereof by the 

President. Employers voting on such amendments as above provided may vote in person, by proxy in writing, or may vote in 

writing without being personally present. 

SEc. 2. This Code shall continue in effect so long and only so long 

as the National Industrial Recovery Act shall be 1n force and effect 

but in no event after June 16, 1935, and shall in all respects be subject to the provisions and conditions thereof; provided, however, 

that this Code may be terminated at any time by the same action 

by assenting employers, with the approval of the President, as is 

above pro ided for the amendment thereof. Such termination shall 

not release any employer from the payment of any unpaid assessment theretofore made. 

Approved Code No. 152. 

Registry ... o. 1147-02. 
SCHEDULE A 

FORM OF LETTER OF ASSENT TO CODE 

The undersigned by signing and delivering this letter to S. L. Buschman, 

Secretary of the Board of Governors, 110 East 42nd Street, New York City, 

assents to all of the terms and conditions of the Code of Fair Competition 

of the Can Manufacturers Industry, a copy of which is annexed hereto; and 

such assent shall be effective as of the date on which said Code shall 

become eff-ective as therein provided or the date of the delivery of this letter, 

whichever shall be later. The undersigned hereby agrees with everyone 

similarly assenting to said Code, that said Code constitutes a contract between 

the undersigned and all such similar assenters and agrees to be bound by the 

provisions thereof as well as the provisions in Schedule B annexed thereto 

including particularly the right of assessment for expenses as provided in 

Section 8 of Article VI and Schedule B annexed thereto, and that the election 

of the members of the Board of Governors, heretofore had, pursuant to Section 

1 of Article VII, be ratified and confirmed. 

Very truly yours, 

(25) 
HEDULE B 

RULES A ·o REG LATIO s FOR THE Am!INISTilATION OF THE 'ODE 

ECTIO 1. 1 ach employer voluntarily a nting to the ode by .xe uting 

and deliv ring tbe letter of as ent provided for in the Code shall be entitled to 

participate in it admini tration as therein and herein provided and hall be 

otitled to vote at all m eting of employers und r the ode; and th Board of 

Governor shall determln and re ol\·e all que tions which might ari ·e as to 

the qualification of any assenting employer and hi right to ca t a vote or the 

number of vote to which he may be ntitled. Any assenting empl yer may vote 

by proxy in writing. 

EC. 2. In ord r to in ure equitable repre entation of the view of the as enting employers in term of tbeir numbers and volume of busin ss, at each meeting of such assenting employers and for all purposes requ:ring the vote of said 

such assenting empl yers ( exc pting, however, in the electi n of member to the 

Board of Governor , which is especially provided for in ection 4 hereof), each 

as enting employer shall h:ne and may cast cne vote for each and every factory 

or plant operated by such a senting employer for the manufacture and production of the products of the Industry covered by this Code, that is to say, each 

a sen ting employer ·hall have and may cast as many votes as such assenting 

employer may operate nch plants or factories, provided, however, that each 

assenting employer hall have at least one vote. 

SEC. 3. All meeting of the a senting employer hall be held from time to 

time when called by the Chairman of the Board of Governors on ten days' 

notice, except as otherwise herein provided. SEo. 4. The members of the Board of Governors under this Code shall be 

elected in the following manner: Each assenting employer operating more 

than t,venty-five (25) factories ~hall appoint three (3) members to the Board 

of Governor , and each as en ting employer operating four ( 4) or more factories, but not more than twenty-five (25) factories, shall appoint one (1) 

member to the Board of Governors; the remaining members of the Board of 

Governors shall be elected by the assenting employers opearting le s than 

four ( 4) factories and not having the right of appointment hereinabove provided for. In the event that any employer shall be entitled to a dHierent or 

greater representation due to a chnnge in the number of its facto1ie or otherwi e, the number of members of the Iloard of Governors may be increased; 

but uch increase shall be made only in a manner which shall not disturb the 

ratio of the number of appointed members to th number of elect d m mbers 

which shall always continue in the ratio of seven (7) to five (5) or its neare t 

equivalent. 

SEo. 5. Vacancies for any cau. e on the Board of Governors hall be filled as 

follows: If such vacancy should occur amongst the members of the Board 

appointed as above provided, then such -vacancy shall be filled by the a senting 

employer whose appointee ha ceased to be a member of the Board of Governors, it being the intention that each of the a senting employer operating 

factories, as in Section 4 proYicled, hall at all times have the repr entation on 

the Board of Governors provided in Section 4 hereof; if such vacancy hould, 

however, occur amongst the members of the Board elected by the a euting 

employer not having the right of appointment, as provided in tion 4 

hereof, then the remaining ru mbers of the Board of Governors 1 cted by 

employer not having the right of appointment . hall fill uch vacancy. 

Ee. 6. If, at any time ther hould be a tie vote in th Board of Governors 

and a deadlo k creat cl thereby, th n and in ucb ca e said Board of Governors 

hall submit the que ti u deadlock d to arbitration. Tho e member of the 

Boarcl of Governor a en ting to the proposition cl ad lock l , bnll appoint on 

arhitTa tor: tho. e dissenting, a second arbitrator. If these t\\'o arhitrntor ~ball 

(26) 
27 

not agree they shall select a third arbitrator. A decision of a majority of 

these three arbitrators shall be final and conclusive. 

SEO. 7. Assenting employers entitled to cast at least 75% of all votes that 

might be cast at a meeting, if all the assenting members were present or duly 

represented in person or by proxy thereat, shall constitute a quorum for the 

transaction of business. 

S100. 8. The Board of Governors shall have all the powers and duties conferred by this Code and generally all such other powers and duties as shall be 

necessary or proper to enable it fully to administer this Code and to effectuate 

its purposes and from time to time appoint and r emove, and to fix the compensation of all employees, including accountants, attorneys, and experts, as said 

Board shall deem necessary or proper for the purpose of administering this 

Code. 

The Board of Governors may also from time to time appoint from the assenting employers' committees, but the Board of Governors shall have no right to 

delegate its power to such committees. Any information that may be furnished 

by any assenting employer to the Board of Governors, or to any such Committee, if given in confidence, shall be treated as confidential by them. 

The Board of Governors shall have power from time to time to interpret 

and construe the provisions of this Code subject to review by the assenting 

employers at a special meeting called for that purpose. Such meeting shall be 

called on ten days' notice. upon the written request of three (3) members of 

the Board of Governors or at least 10% in voting power of the assenting employers. Any interpretation and construction so established shall be subject to 

review by the Administrator. 

It shall be the duty and right of the Board of Governors, from time to time, 

to call the attention of the assenting employers to any usages or practices 

( other than those described and set forth in Article IV of the Code), deemed 

by them to be unfair and detrimental to the Industry and harmful or not conducive to fully carry out the purposes of the National Industrial Recovery Act 

and any such usage or practice, upon being condemned by a vote of a least 75% 

of the total vote of assenting employers at a meeting specially called for that 

purpose at which a quorum was present, shall, if and when sanctioned by the 

President as an amendment to the Code, be thereafter deemed an unfair competitive practice, and any ,violation thereof, as in said Article IV of the Code 

provided, shall be a violation of this Code within the meaning of Title I of the 

National Industrial Recovery Act. 

SEC. 9. The expenses of formulating, putting into effect, and administering the 

Code shall be borne by the assenting employers and such employers of the 

Industry who receive the benefits of this Code. The Board of Governors may 

from time to time make such assessments on account of such expenses against 

such employers as it shall deem proper. The part of such expenses which shall 

be assessed against such employers shall be assessed by the Board of Governors 

taking into account the number of employees employed by such employers and 

an equitable consideration of their position in the Industry, and all such 

assessments so levied, should be accompanied by a statement of such expenses. 

Failure of any such assenting employer to pay any such assessment for a period 

of thirty (30) days after the date on which it became payable shall entitle the 

Board of Governors to deprive such defaulting employer of his participation in 

the administration of the Code as therein and herein provided, but such employer shall continue to be liable for all due and unpaid assessments which he 

agrees to pay. \ 

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UNIVERSITY OF FLORIDA 

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