Approved Code No. 316 Registry No. 1713-26 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PUNCH BOARD 

MANUFACTURING INDUSTRY 

AS APPROVED ON MARCH 2, 1934 

U.S. oep09JTOIW 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

f 

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Approved Code No. 316 

CODE OF FAIR COMPETITION 

FOR THE 

PUNCH BOARD M~UFACTURING INDUSTRY 

As Approved on March 2, 1934 

ORDER 

CODE OF FAIR COMPETITION FOR THE PUNCH BOARD 

MANUFACTURING 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 appro1val of a Code of 

Fair Competition for the Punch Board Manufacturing 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 r eference said annexed 

report and do find that said Code complies in all respects with the · pertinent provisions and will promote the policy and purposes of 

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

Competition be and it is hereby approved. 

HUGH s. JOHNSON, 

Ad1ninistrator for I ndustrial Recovery. 

Approval Recommended : 

GEO. L. BERRY, 

Divi'sion Administrator. 

,v AsHrNGToN, D.c. 

March B, 1934. 

43708°-425- 13-34 (439) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The TT hite House. 

Srn: The public hearing on the Code of Fair Competition for 

the Punch Board Manufacturing Industry of the United States, submitted by the National Association of Punch Board Manufacturers, 

located at 1417 West Jackson Boulevard, Chicago, Illinois, was conducted in 1'T ashington, D.C., on the 19th of December, 1933, in accordance with the provisions of the National Industrial Recovery 

Act. The A sociation claims to represent 93 percent of the Industry. 

The maximum hour established under this Code are forty ( 40) 

per week, with the exception of one period in each calendar year, not 

to exceed fifteen (15) weeks, in which employees may work fortyfour hours per week, provided that they are paid at least time and 

one-third for all hours worked in excess of forty (40) per week. 

Exteption are allowed for executives, supervisors, and managers 

who receive not less than thirty-five dollar. ($3:5.00) per week, and 

outside salesmen. 

In 1929 this industry operated approximately forty-eight ( 48) 

hour · per week and the same hours prevailed in 1931. During 1929 

approximately 2500 wage earner · were employed and in 1931 approximately 1800 wage earners were employed. In order to bring employment back to the 1929 level it would be necessary to adopt a 

19.2 hour week, which, i~ view of evidence submitted at the public 

hearing, ·would not be practical in this industry. It is felt that a 

40-hour week would be the most equitable arrangement for all 

partie as approximately 200 wage earners will benefit through 

reemployment. 

The minimum wages established in this Code are forty cents (40¢) 

per hour for males and office workers and thirty-two and one-half 

cents (321⁄2¢ ) per hour for females. Protection of employees on 

piece work performance is guaranteed. 

E xception to the minimum wages are allowed to handicapped 

pe1" ons whose earning capacity is limited, provided such employees 

recei, e not le s than 80% of the minimum wage and the employer 

obtain · a certificate from the State authority designated by the 

l nite l State Department of Labor. 

"\Vages in this industry represented 48.51 percent of the value of 

products in 1929 compared with 16.5 percent for all industry combined. In 1931 wages in thi line of activity represented 41.74 percent of the Yalue of product. compared "ith 17.4 percent for all 

industrie~ combined. 

,vage earners in 1931, on a 48-hour ha is, were paid an aYerage of 

45.8 cent per h01tr for males and 20.8 cents per hour for females. ~ o authenti c figure. · are aYailable for 1929 wage rates. 

Due to the increase in the ":ages effected by the Code which in the 

cai:;e of femal e. · i1; an increase of approximately 50 percent over those 

(440) 
441 

prevailing in 1931, the increase in the price to the purchaser will 

represent approximately 17 percent. 

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 policies and purposes of Title I of the National Industrial Recovery Act, including 

the removal of obstructions to the free flow of interstate and foreign 

commerce vyhich 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 restrictions 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 a trade 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 said Code. 

This Industry has cooperated in a most satisfactory manner with 

the Administration in the preparation of this Code. From the evidence adduced during this hearing and from recommendations and 

reports from the various Advisory Boards, it is believed that this 

Code as now proposed and revised represents an effective, practical, 

equitable solution for this Industry and for these reasons has been 

approved. 

Respectfully, 

MARCH 2, 1934. 

HUGHS. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE PUNCH BOARD 

MANUFACTURING 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 Punch Board Manufacturing Industry, and its pro-:-

visions shall be the standards of fair competition for such industry 

and binding upon every member thereof. 

ARTICLE II 

1. The term '' Punch Board Manufacturing Industry" or "Industry" as used herein includes the manufacture and sale by the 

manufacturer of punch boards, push cards, and pull cards. 

2. The term "Member of the Industry" includes but without 

limitation any individual, partnership, association, corporation, or 

other form of enterprise engaged in the Industry, either as an employer or on his or its own behalf. 

3. The term "employee " as used herein includes any and all 

persons engaged in the Industry however compensated, except a 

member of the Industry. 

4. The term "employer" as used herein means any employer engaged in the Industry. 

5. The terms "Act,. and "Administrator" as used herein shall 

mean, respectively, Title I of the National Industrial Recovery Act 

and the Admini-::trator for Industrial Recovery. · 

ARTICLE III-HouRs 

1. No employee shall be permitted to work in excess of forty (40) 

hours in any one week or eight (8) hours in any one day, except 

as hereinafter provided. In case of seasonal peaks employees may 

be permitted to work forty-four ( 44) hours per week for one period 

uot to exceed fifteen (15) consecutive weeks in any calendar year; 

provided, however, that at least time and one-third shall be paid 

for all hours worked in exces of eight (8) in any one day and 

forty ( 40) in any one week. 

2. The pr°' i ions of this Article shall not apply to employees 

engaged in an executive, admini trative and/ or supervisory capacity 

who receive thirty-five dolJars ($35.00) or more per week, nor to 

outside salesmen. 3. No employee shall be permitted to work for a total number of 

hours in exce of the number of hours herein prescribed whether 

he be employed by one or more employers. 

4. Employment on Sunday and/ or legal holidays within the State 

where an employee i · engaged shall be compen ated by overtime 

(442) 
443 

payment at the rate of not le ·s than one and one-half times the normal rate of pay. 

ARTICLE IV-WAGES 

1. (a) No male employee shall be paid less than at the rate of forty 

cents ( 40¢) per hour, except as herein otherwise provided. · 

(b) No female employee shall be paid less than at the rate ?f 

thirty-two and one-half cent (321⁄2¢) per hour except as herein 

otherwi~e provided. 

2. No office or clerical employee shall be paid less than at the rate 

of forty cents ( 40¢) per hour or sixteen dollars ($16.00) per week. 

3. This article establishes a minimum rate of pay which shall 

apply, irrespective of whether an employee is actually compensated 

on a time rate, piecework performance or other ba. is. 

4. It is the policy of the members of this Industry to refrain from 

reducing the compensation for employment which compen ation "·as, 

prior to June 16, 1933, in excess of the minimum wage herein set 

forth, notwithstanding that the hours of work in uch employment 

may be reduced: and unless since such date such adjustment have 

been made, all members of this Industry shall endeavor to increase 

the pay of all employee · in excess of the mini1num ·wage, as herein 

set forth, by an equitable adjustment of all pay schedules. 

5. Female employees performing . ·ubstantially the . ame \York H,8 

male employees shall receive the same rate of pay a male employee . 

The Code Authority shall, within ninety (90) day after the effective date of this Code, file with the Administrator a description of 

all occupations in the Industry in which both men and women are 

employed. 

6. A person whose earning capacity is limite<l. because of age or 

physical or mental handicap may be employed on light work at a 

wage not less than eighty (80) percent of the minimmn e tablisheu. 

by this Code if the employer obtains from the State authority or 

other agency designated by the United States Department of Labor 

a certificate authorizing his employrnent at such wages and for such 

hours as shall be stated in the certificate. Each employer hall file 

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

which number shall not exceed five per cent ( 5 % ) of the total number 

of such member's employees. 

ARTICLE V-GENERAL LAnon PRoYrroNs 

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

in the Industry. No person under eighteen (18) years of age shall 

be employed at operations or occupations which are hazardou in 

nature or dangerous to health. The Code Authority hall submit to 

the Administrator within sixty (60) days after the effective date of 

this Code a list of such operations or occupation ·. 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 showing that the 

employee is of the required age. · 

2. In compliance with Section 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 
444 

be free from the interference, restraint, or coercion of employers ?£ 

labor or their agents in the designation 0£ such representatives or 1n 

self-organization or in other concerted activities for the purpose 0£ 

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 join 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 0£ employment 

approved or prescribed by the President. 

3. No employer shall reclassify employees or duties 0£ occupations 

per£ormed or engage in any other subterfuge £or the purpose 0£ defeating the purposes or provisions of the Act or 0£ this Code. -

4. Every employer shall make reasonable provision £or 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 0£ employees, wages, hours 0£ work, or as to safety, health, sanitary or general working conditions than are imposed by this Code. 

6. All employers shall post and keep posted complete copies of 

Articles III, IV and V 0£ this Code in conspicuous places accessible 

to employees. 

7. The Code Authority shall make a study of conditions in the 

Industry to determine the feasibility 0£ the adoption of a shorter 

working week and shall, within three (3) months after the effective 

date of this Code, make a report 0£ its findings to the Administrator. 

The Code Authority shall also submit to the Administrator within 

six (6) months after the effective date of this Code, a plan £or the 

stabilization and regularization of employment. 

ARTICLE VI-ADMINISTRATION 

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

Administrator in the administration 0£ this Code and shall consist 

of six ( 6) persons to be chosen by the Industry through a fair 

method of selection, approved by the Administrator. The Administrator in his discretion may appoint not more than three (3) 

additional members without vote and without compensation from 

the industry, to serve for such period 0£ time and to represent the 

Administrator or such group or groups as he may designate. · 

2. Each trade or industrial association directly or indirectly participating in the selection or activities 0£ the Code Authority shall 

impose no inequitable restrictions on membership, and shall submit 

to the Administrator true copies of its articles 0£ association, by-laws, 

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 0£ the Act. 

3. In order that the Code Authority shall at all times be truly 

representative of the industry and in other respects comply with the 

provisions 0£ the Act, the Administrator may prescribe such hear-
445 

ings as he may deem proper; and thereafter if he shall find that the 

Code Authority is not truly repre~entatiYe or does not in other respects comply with the provisions of the Act, he may require an 

appropriate modification in the method of ·election of the Code 

Authoritv. 

4. An3; member of the Indu try shall be entitled to participate in 

and share the benefits of the activities of the Code Authority and 

to participate in the selection of the members thereof by assenting 

to and complying with the requirements of this Code and sustaining 

his reasonable share of the expense of its administration. Such 

reasonable share of the expenses of administration shall be determined by the Code Authority, subject to review and disapproval 

by the Administrator, on the basis of volume of business and/ or such 

other factors as may be deemed equitable. 

5. Nothing contained in this Cocle shall constitute the members of 

the Code Authority partners for any purpose. Nor hall any member 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, exercis- in&' rea onable 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 wilful misfeasance or nonfeasance. 

6. If the Administrator hall determine that any action of a Code 

Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may require that . urh 

action be suspended to afford an opportunity for inve tigation of the 

merits of such action and ~urther consideration by such Code Authority or agency pending final action which shall not be effective 

unless the Administrator approves, or unless he shall fail to disapprove after thirty (30) days notice to him of intention to proceed 

with such action in its original or modified form. 

PO\YERS AND DUTIES 

7. The Code Authority shall haYe the following fnrther powers 

and duties: 

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

compliance of the Industry with the provisions of the Ad and to 

propose and ubmit amendments, exemptions, and/ or modifications 

of thi Code which, when approved by the Administrator, after such 

notice and hearing a · he may pecify, shall become a part hereof. 

(b) To adopt by-laws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

( c) To obtain from member of the Industry such information 

and report · as are required for the administration of the Code and 

to provide for submi sion by members of .·uch information and 

reports as the Administrator may deem nece. ary for the purposes 

recited in Section 3 (a) of the Act, which information and reports 

hall be submitted by members to such admini trative and/ or Government agencies as th Admini.trator may de ·ignate ; provided that 

nothing in this Code . hall relieve any member of the indnstry of any 

existing obligations to furnish report to any Government agency. 

No individual reports .·hall be disclosed to an-· other men1ber of the 
446 

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 the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code and that such 

trade associations and agencies shall at all times be subject to and 

comply with the provisions hereof. 

( e) 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. 

(f) To secure from members of the industry an equitable and 

proportionate payment of the reasonable expenses of maintaining 

the Code Authority and its activities. 

(g) 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. 

(h) 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. 

ARTICLE VII-CosT AccouNTING 

1. The Code Authority shall set up a 1:tandard cost finding 

method, which when approved by the Administrator, shall be used 

by all members of the Industry as a basis for determining individual cost, below which no member of the Industry shall sell any 

products of this Industry except to meet bona fide competition in 

any specific instance. 

2. The Code Authority may from time to time proceed to collect 

data and statistics from each member of the Industry to determine 

whether such member has accurately computed his cost in accordance 

with the provisions of this Article. All such data and statistics shall 

be and remain confidential as between the member submitting same, 

the Code Authority and the Administrator or his duly appointed 

representatives depending upon the necessities in each case. 

3. If the Code Authority shall have reason to believe that any 

member of the Industry has not properly computed his cost, it may 

require him to submit statistics to substantiate such cost figures and 

if it finds that such computation is incorrect it may request the member filing same to revise his figures to comply with the provisions of 

this Article. In case of disagreement between the Code Authority 

and any member of the Industry, full and complete data regarding 

costs shall be submitted to the Administrator for such action as he 

may deem appropriate. 

ARTICLE VIII-FAIR TRADE PRACTICES 

1. No men1ber of the Industry 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 
447 

any way misrepresent any goods (including but without limitation 

its use, trade mark, grade, quality, quantity, origin, size, substance, 

character nature, finish, material content, or preparation) or credit 

terms, vaiues, policies, services, or the nature or form of the business 

conducted. 

2. No member of the Industry hall withhold from or insert in 

any quotation or invoice any statement that make it inaccurate in 

any material particular. 

3. No member of the Industry hall brand or mark or pack any 

goods in any manner which is intended to or does deceive or mislead 

purchasers with re ·pect to the brand, grade, quality, quantity, origin, 

size, substance, character, nature, finish, material content, or p:'cparation of such goods. 

4. No member of the Indnst.ry shall publish advertising which 

refers inaccurately in any material particular to any competitors 

or their goods, prices, values, credit terms, policie or ervice . 

5. No member of the Industry shall publish or ircnlate unjustified 

or unwarranted threat · of legal proceedings which tend to or have 

the effect of harassing competitors or intimidating their customers. 

Failure to pro ecute in due course shall be evidence that any such 

threat is unwarranted or unjustified. 

6. No member of the Industry shall secretly Erectly or indirectly, 

offer or make any payment or allowance of a rebate, refund, commission, credit, unearned discount, or exces allowance, whether in 

the form of money or otherwise, nor ·hall a member of the industry 

secretly offer or extend to any customer any pecial service or privilege not extended to all customers of the same da.·. ·, for the purpose of influencing a sale. 7. No member of the Industry shall ship goods on consignment. 

8. No member of the Industry shall give, permit to be given or 

directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent or representative 

of another in relation to the business of the employer of uch employee, the principal of such agent or the represented party, without. 

the knowledge of ·uch employer, principal or party. Commercial 

bribery provisions shall not be construed to prohibit free and general 

distribution of articles commonly u eel for aclverti ·ing except so 

far as such articles are actually used for commercial bribery as 

hereinabove defined. 

9. No member of the Indu.·try ·hall require that the purcha e or 

lea e of any goods be a prereqni ite to the pnrcha. e or lease of any 

other goods. 

10. No member of the Indu. try . hall a ·c-ept good.- for return when 

the agreement of . ale ha been fully performed by . uch member; 

provided, however, that nothing in thi.· ·ection . hall prevent any 

member of the Indn -try from accepting returned goods for legitimate credit rea ons. 

11. o member of the In 1u.'try .-hall ell the product · of this 

Industry on term~ more favorable than net thirty clay. from date 

of invoice. All product ·hall be sold F.0.B. factory, except that 

freight allowances may b 0 allov1-ed when the ·hipment amounts to 

fifty dollars ($50.00) net or more. 
448 1111111111111\1l\11i1~11il II ll11i ii II~~~ 1i1 \l\1i111 1111111 

3 1262 08585 2878 

12. No member of the Industry shall employ any person who is 

employed by, or affiliated with, any punch board operator, or any 

user of punch boards, and/ or any one who buys the same for resale, 

nor shall any member employ any one who is employed by any 

association, whose members use punch boards. 

ARTICLE IX-MODIFICATION 

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

subject to the right of the President, in accordance with the provi- sions as of subsection (b) of Section 10 of the Act, from time to 

time to cancel or modify any order, approval, license, rule, or regu- lation issued under said Act. 

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

be modified or amended on the basis of experience or changes in 

circumstances, such modifications or amendments to be based upon 

application to the Administrator and such notice and hearing as 

he shall specify, and to become effective on the approval of the 

President, unless otherwise provided. 

ARTICLE X-MONOPOLIES 

No provision of this Code shall be so applied as to permit mo- nopolies or monopolistic practices or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cost should 

be delayed but when made such increases should, so far as possible, 

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

ARTICLE XII-EFFECTIVE DA TE 

This Code shall become effective on the seventh day after its 

approval by the President. 

Approved Code No. 316. 

Registry No. 1713-26. 

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