Approved Code No. 467-Amendment No. 2 

AT 

Registry No. 1615-13 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CIGAR MANUFACTURING 

INDUSTRY 

AS APPROVED ON APRIL 17, 1935 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 467-Ameadment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CIGAR MANUFACTURING INDUSTRY 

As Approved on April 17, 1935 

ORDER 

APPROVING AMEND:aiEXT OF ConE OF FAIR CoMPETITION FOR THE CIGAR 

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 approYal of amendments 

to the Code of Fair Competition for the Cigar :Manufacturing Industry, -and opportunity to be heard therein having been afforded all 

member of aid indn try and any objections filed having been duly 

considered, and the annexed report on said amendments, containing 

findings with respect thereto, having been made and directed to the 

President : 

NO\V THEREFORE on behalf of the Pre ident of the United 

State , the National Industrial Recovery Board, pur uant to authority vested in it by Executive Order of the President, including 

Executive Order Number _6859, dated September 27, 1934, and otherwise, does hereby incorporate, by reference, said annexed report and 

doe find that aid amendments and the Code a constituted after 

being amended comply in all respects with the pertinent provi ions 

:-mel will promote the policy and purposes of said title of aiel Act, 

and does hereby order that aiel amendments be and are hereby approved, and that the previous approval of said code is hereby modified to include an approval of said code in its entirety as amended. 

NATIONAL INnusTmAL REcovERY BoARD, 

By W. A. HARRIMAN, Administrative Office?'. 

Approval recommended: 

ARMIN w. RILEY, 

Division Adn~inistJ ator. 

vVA HIXGToN, D. c., 

ApTil 1'7, 1935. 

120910"----1740- 46----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

· Sm: The Code Authority for the Cigar Manufacturing Industry 

has requested that the Code of Fair Competition for said industry be 

amended by striking out Section 4 of Article III and substituting in 

its place a new Section 4 which will designate the legal holidays on 

which it will be necessary for cigar manufacturers to pay time and 

one-third. The present Section 4 states that time and one-third will 

be paid on all legal holidays and great confusion has resulted due 

to the fact that many holidays are legal in some states and not in 

others. 

The new Section 4 also differs from the old Section 4 in that 

wrapper casers are permitted to work on Sund~ys and the designated 

legal holidays without being paid time and one-third. The inclusion 

of this class of employee has been made necessary due to the fact 

that in many climates, it is impossible to keep the cigar wrapper in 

good condition from Friday afternoon until the following Monday. 

The Code Authority has also recommended the amendment of 

Section 9 of Article IV for the purpose of clarifying the intent o.f 

this provision of the Code. As now written, Section 9 would appear 

to permit the classification of 25% of the workers producing stogies 

as slow workers regardless as to whether such stogies were· produced 

by machine or hand. The provision as amended will show definitely 

that only in the case of hand production may 25% of the workers 

be classified as slow workers and such production may be on cigars, 

stogies, cheroots or little cigars. 

It is expected that these amendments will aid greatly in the clarification of the Code and will eliminate confusion which has hereto- ~ 

fore arisen. The Deputy Administrator in his final report to the · National Industrial Recovery Board on said amendments of said 

Code having found as herein set forth and on the basis of all 

l)roceedings in this matter: 

The National Industrial Recovery Board finds that: 

(a) The Amendment of said Code and the Code as amended are 

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 

which tend to diminish the amount thereof, and will provide for 

the general welfare by promoting the organization of industry for 

the purpose of cooperative action among trade groups, by inducing 

and maintaining united action of labor and management under ade- quate governmental sanction and supervision, by eliminating unfair 

competitive practices, by promoting the fullest possible utilization 

of the present productive capacity of industries, by avoiding undue 

restriction of production (except as may be temporarily required), 

(2) 
3 

by increasing the consumption of indu trial and agricultural products through increasing purcha ing power, by reducmg and relieving 

unemployment, by improving standard of labor, and by otherwise 

rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation sub ection (a) of Section 3, Subsection (a) of Section 7 and 

Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority of the Cigar Manufacturing Industry to present the aforesaid amendments on behalf 

of the Industry as a whole. 

(d) The amendments and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practice ·. (e) The amendments and the Code as amended are 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 

amendments. 

For these reasons the amendments have been approved. 

For The National Industrial Recovery Board: 

A.PRIL 17, 1935. 

w. A. HARRIMAN' 

Adm.inistrative Officer. 
AMEND~fENT TO CODE OF FAIR CO~fPETITION FOR 

TI-IE CIGAR ~fANUFACTURING INDUSTRY 

1. Amend Section 4 of Article III by deleting the ame and substituting in its place the follo,ving : 

SECTION 4. All time worked on Sunday, New Years Day, \Vashington's Birthday, ~Iemorial Day, (Confederates' Day), Independence Day, Labor Day, General Election Day, Thanksgiving Day, 

Christmas Day, and all days which may be declared to be national 

holidays by proclamation of the President of the United States, 

except by watchmen, engineers, firemen, and wrapper ca ers, shall 

be compen ·atecl at time and one-third the normal rate. 

2. Amend Section 9 of Article IV of the Code by deleting same, 

and sub tituting in its place the following: 

SECTION 9. Hand cigar 1nakers who are clac:sed as slow workers, 

up to twenty-five percent (25 % ) of the total number of such workers, and machine cigar operators, up to ten percent (10%) of the 

total number of such workers, need not rccei Ye the minimum hourly 

rate herein specified, provided they shall be paid the same piece 

rate as paid other employees of the same class. 

ApproYe<l Code No. 467-Amendment Ko. 2. 

Registry Ko. 161iJ-13. 

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