Approved Code No. 343 Registr y Ne. 1399-45 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CLAY MACHINERY INDUSTRY 

AS APPROVED ON MARCH 17, 1934 

WE DO OUR PART 

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.J ..... l)E:FO~TCftY ... i 

UNITED STATES 

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WASHINGTON : 1934 

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Approved Code No. 343 

CODE OF FAIR COMPETITION 

FOR THE 

CLAY MACHINERY INDUSTRY 

As Appi·oved on March 17, 1934 

ORDER 

APPROVING C o DE OF FAm CoMPE'l'ITION Fon THE CLAY :ThfACHINERY 

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 approval of a Code of 

Fair Competition for the Clay :Machinery Industry, and hearing 

having been duly held thereon and the annexed report on aid Code, containing findings with respect thereto, having been ma<le and 

directed to the President: 

OW, THEREFORE, on behalf of the President of the l;nited 

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 reference 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. 

Approval recomnrnnded: 

A. R. GLANCY, 

HUGH s. JOHN ON, 

.Adtministra.tor fo1· Jnditstri al Recovm·y. 

Division Administrator. 

\VASHINGTON, D.C., 

March 17, 1934. 

47017°-425--97-34 (183) 
REPORT TO THE PRESIDENT 

1,he PRESIDENT, 

The White House. 

Srn : This is a report on the Code of Fair Con p tition :for the 

Clay Machinery Industry as rcvi ed after a Public Hearing helcl in 

\Vashington on the 8th day of January, 1934, in accordance with 

the provisions of the National Industrial Recovery Act. 

PROYI IONS AS TO HOURS AND WAGES 

Employment is limited to 8 hours per day ancl 40 hour per w ek 

with the exception o:f employees engaged in emergency maintenan e 

and/or repair work or on emergencies occa. ione l by I eal produ tion 

period . 

All overtime in exec of 8 hours per day or 40 hour p r week 

will be paid for at one and one-half times the normal rate. 

Minimum wages o:f 40 cents per hour are establi hed, exce1 t for 

clerical employees who hall receive not less than $15.00 per week. 

Female employees performing substantially the ame work a male 

employees will receive the same rate of pay as mal ernplo. ees and 

wh re they di ·place men they will receive the ame rate of pay a 

men. 

ECOJ.-◊:i\H EFFECT OF THE CODE 

Under the provi ion of thi Code, estimate f r 1934 ba d on 

operation :for the fir -t two m nth , how an increa. in m11 'm nt 

of approximately 30 ~ , and an incrca e in th av rao- w kly wao-e 

of 41 ;3⁄4 . The Indu. try, comr ri ino- approximat 1 22 firm · ha -· an inY . capital f about $4,000,00 an l an averag ann ml . al .· Y lum 

approximately , ·2,00 000. 

FIXDTNG 

t m 01 . ni l ( l 

a.-1. f , 11 t 11 • 1 r -

t1 .!) 
185 

vision, by eliminating unfair competitive practices, by promoting the 

fullest po sible utilization of the pre ent productive capacity of 

industries, by avoiding undue restriction of production ( except as 

may be temporarily required ), by increa ing the con umption of 

indu trial an l agricultural products through increa ing purchasinopowcr, by reducing and relieving unemploym nt, by improving 

standar 1 of labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally em1 loys not more than 50,000 employees; and is not cla sified by me as a major industry. 

( c) The Code a approve 1 complies in all r spects with the pertinent pro,i ions of said Title of sai 1 Act. including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7 and 

Sub ection (b) of Section 10 thereof; and that the applicant group 

is an industrial association truly representative of the afore aid 

Indu try; and that said association impo es no inequitable r e trictions on admission to membership therein. 

(cl) 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 op pre s 

small enterprises and will not operate to di criminate against 

them. 

(f) Those engaged in other type of the economic process have 

not been deprived of the right to be heard prior to approval of 

said Code. 

For these reasons, this Code has been approved by me. 

Respectfully, 

HUGH s. JOHNSON, 

A clniinistrator. 

MARCH 17, 1934. 
CODE OF FAIR COMPETITION FOR THE CLAY 

MACHINERY INDUSTRY 

ARTICLE I-P RPO ES 

To effectuate the policies of Title I of the ational Indu -trial 

Recovery Act, the following provi ions are e tabli hed as a o l of 

Fair Competition for the Clay Machinery Industry, and. hall be he 

standards of fair competition f or such indn try and shall be binding 

upon eYery member thereof. 

AnTI LE II-DE 'INITIO ... -. 

E 'TION 1. The term" Clay Machinery Indu try , or ; Indu try", 

a u eel herein, means and include th 1nanufact ire ancl/ r ale by 

the manufacturer of power driYen or hand operated ma hines usecl 

for the preparation or processing of any clay body or for the fanning 

of same into brick, tile, sewer pipe, tableware, or oth r c ramie 

product . ECTION 2. The term' Employee , a u ed herein, in lu le an rone 

engaged in the indu -try in any car acity receiYing comp n ation for 

hi ·ervice , irre ·pe tiv of the natur or 111 thod of paym n of uch 

com pcnsa tion. 

E TION 3. The t rm" Employer ', as u eel herein inclncl an' ne 

by whom any uch employee i compen ate l or employe 1. 

E TIO 4. The term "M mber of the Indu try", a u. 1 h rein 

in Incl anyone engag cl in the inclu try as above d fine l ither a 

an employer 01· on his own behalf. 

E TIO:N 5. Th term. " !£ember f h d · , a u cl h 

lu 1 · an1 11emb r of the Inrlu trY ,vho 

a .· nt t thi · Code. E TION G. The t rm' a ociati n ' a. u.ccl hr in, man.· h 

Ia ·hin ry ::t\fanufa tnr r. A o iation. 

'E TIOJ. 7. Th t rm. ' Pre i<l nt' ·A t , an 1 \... lmini:-- rat r' 1 

a. n 1 h rein, m an r :1 tiY 1. th Pr i 1 nt f th ni c.l ~t.1t ' 

of \...111 ri a, Titl I f th rational ndu trin 1 R coy ry ... \... ·(. .rnd th 

lmini. trator for Irnlnstrial Re OY r. 1 uncl r , ai 1 d . 

~\.nTI · r: I - 1-u: 

~ E "I'IOX 1. .,.. o mpl y . lt.111 }v, p 'l'miH cl to Wl rk in ' ~ " . f 

io·ht ( ') hours in '111)' n day, or in <'.·c,.-s if f,n·t:v ·l: l h 11r. m 

in any on w k e.· · pt ash ,r 'in otb rwi. e 1 r Yidctl: 

nrino· an. ' period in "·hi ·h a · m<·c.·ntl"lt c.l 1 nrnnd up< n any 

division f th , rnlnstr: pl.,r·c's an 111111. unl , 111 t 'lllpnrar) hunl 'll 

for 1n·otlt1 ti JJ 111 on i s fa ·ilitil's. :.lll) •mt 1 .r of . nch tlivi. i 11 

ma • u I 1rmitt ·cl to \\'Ork not 1110n than fort~·-eight -±L) hnur p r 

( ] ~ ') 
187 

week in not more than six ( 6) weeks in any six ( 6) months' period, 

provided, however, that time and one-half th 0 normal rate shall be 

paid for all hours worked in excess of eight (8) hour in any one 

day or forty ( 40) hours in any one week. 

There hall be a tolerance of ten per cent (10% ) for tock and 

shipping clerks, and delivery employees, provided, however, that 

one and one-half ( 11/d tjmes the normal rate shall be paid :for all 

hours worked in excess of eight ( 8) per day or :forty ( 40) per week. 

The provisions of this Article shall not apply to traveling salesmen, or to persons employed in a managerial or executive capacity 

who earn not less than thirty-five ($35.00) dollars per week. 

The maximum. hours fixed in Section 1 shall not apply to any 

employee on emergency maintenance or emergency repair work involving breakdowns or protection of life or property, but in any 

such special case, at least one and one-half (11⁄2) times his normal 

rate shall be paid for hour worked in excess of eight (8) per day 

or forty ( 40) per week. 

SECTION 2. No employer shall work any accounting, clerical, service or sales employee more than forty ( 40) hours per week nor more 

than eight (8) hours in any one day. 

SECTION 3. Watchmen shall be permitted to work not more than 

forty-eight ( 48) hours per week and not more than six ( 6) days in 

any seven (7) day period. 

SECTION 4. No employee shall work or knowingly be permitted to 

work for a total number of hours in excess of the number of hours 

prescribed for each week and day, whether employed by one or more 

employers. 

SECTION 5. No employee shall be permitted to work more than six 

(6) days in any seven (7) day period. 

ARTICLE IV-W .AGES 

SECTION 1. The minimum wage that shall be paid to any employee, 

unless otherwise provided, shall be :forty cents ( 40¢) per hour. This 

minimum wage shall apply to common labor or totally unskilled 

labor. Other classes of labor, including piece workers, shall be 

compensated at rates above this minimum. 

SECTION 2. All employees mentioned in Section 2 of Article III 

shall be paid not less than fifteen dollars ($15.00) per week, except 

as hereinafter provided. 

SECTION 3. Office boys and girls or messengers, not exceeding five 

per cent ( 5%) in number of the office employees of any employer, 

provided that any employer having less than twenty office employees 

shall have the right to employ one office boy, office girl or messenger, 

and provided further that the minimuin wage that shall be paid 

to office boys and girls or messengers shall be not less than eighty 

per cent (SQ%) of the minimum wage stipulated in Section 2 of 

this Article IV. 

SECTION 4. No employee of the classes mentioned in Section 2 

of Article III now receiving compensation at a rate in excess of 

the minimum provided in Section 2 of this Article IV shall have 

his c-01npensation reduced on account of any reduction in the weekly 
188 

hours of employment made to conform with the r equirements of 

Section 2 of Article Ill. 

SECTION 5. '\Vhere employees weekly earning on piece work 

divided by the number of hours worked, produce· a re ult le s than 

the minimum ,yaae , tipulated in e tion 1 of thi Articl IV such 

ea_rr~ing hall be s a lj u ted G • to c nform with th afore aid 

nun1mum wage. 

E TION 6. The rate · of compen ation on hateYcr b, i compute 1 of all employee re eiving more than the minimum h rein 

pre cribed hall be equitably re-adju tcd by all en1ployer · who have 

not heretofore n1ade su h re-adjustm nt; provided, however that 

in no ca e hall honrl. or piece r te · be r duced. R ports cone rning the action t aken whether prior to or after the date of approval of 

thi Code, shall be reported to the Code Authority and to the dministrator not later than thirty (30) days after the ff c ive date. 

ECTION 7. This Article E:Stablishes a guarant ed. rate f pay per 

hour o:f employment regar Hes of whether the employee cmnpenation i ba ·ed on a time rate a piece work performanc or otherwi e. 

ARTICLE V-GENERAL LABOR PROYI I N 

1nu.·imun hour 

ns of 1111 l \\'111 n 

l 
189 

SECTION 4. An employer hall make payment of all wage due in 

lawful currency or by negotiable check therefor, payable on demand. 

These wages shall be exempt from any payments for pensions, insurance, or sick benefits other thnn tho e voluntarily paid by the wage 

earners, or required by the law. ,,1uges shall be paid at least at the 

en l of every two weeks period, and salaries at least at the end of 

every month. No employer shall withhold wages. The mployer 

or his agents shall accept no rebates directly or indirectly on such 

wage nor give anything of , alue or extend favors to any person 

for the purpose of influenciug rates of wages or the working conditions of his employees. 

SECTION 5. No provi ion in this Article shall modify established 

practices or privileges as to vacation periods, leaves of absence or 

temporary absences from work heretofore granted to office employees. 

SECTION 6. Every employer shall make reasonable provision for 

the safety and he,alth of his employees at the r lace and during the 

hours of their employment. Standards for safety and health shall be 

submitted by the Code Authority to the Administrator for approval 

within six months after the effective date of this Code. 

SECTION 7. No employer shall reclassify employees or duties of 

occupation performed or engage in any other subterfuge for the 

purpo e of defeating the purposes or provisions of the Act or of 

this Code. 

SECTION 8. Within each State this Code shall not super ede any 

laws of uch State imposing more stringent requirements on employers regulating the ages of employees, wages, hours of work, 

or health, fire or general working conditions than are imposed under 

this Code. 

SECTION 9. Each employer shall po t, and therea.fter maintain, in 

conspicuou places acce sible to employees full copies of this Code 

and any amendments or modifications which may later be approved. 

RTICLE VI-AmvnNISTRATION 

To further effectuate the policies of the Act, a Code Authority 

is hereby constituted to cooperate with the Administrator in the 

administration of this Cod::>. 

SECTION 1. 01·ganization and Oonstitu.tion of Code Authority.-

(a.) The Code Authority shall consist of three (3) members of the 

Association elected by the members of the Association and two (2) 

representatiYe · of members of the Industry who are not members 

of the As .... ociation, providing they desire such representation, and 

signify their willin°·nes to pay their pro-rat.a share of the cos,/~ of 

administering this ode. The repre entatives of the non-members 

shall be elected by the non-members in any fair manner approved by 

the Administrator. The Administrator, in his discretion, may appoint not more than three (3) additional members (without vo~e) to 

represent the Administrator or such groups or interest as he 111ay 

de ·ignate. 

SECTION .... Each trade or industrial association direct!y or indirectly participating in the election or activities of the Code Authority shall : (1) Impose no inequitable restrictions on membership, and (2) ·ubmit to the Administrator true copies of its articles 
190 

of A ociation, by-laws, regulation , and any amendments when 

made th reto, together with uch other jnformation a to member- ship, organization, and activities as the Aclmini trat r may deem 

nece sary to effectuate the pnrpo es of the Act. 

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

be truly representatiYe of the industry and in other re I ects comply 

with th provi ions of the Act, the Administrator may I rovide 

such hearing as h may leem prop r; an l th reaft r if h . hall 

find that the Code Authority is not truly repr sentati e or doe not 

in other respect comply with the I rovi ·ions of the Act, may r - quire an appropriate modification 111 th m hod of election of the 

Code Authority. 

SECTIO 4. The Code Authority hall have the following dnti s 

and pow rs to the extent permitted by the Act; 

(a) To coll t from members of the Industry all data report , 

and stati tic when and as required by the Pre ident and/ or h 

Administrator and/ or their agent, or agent ; al o to coll t u h 

data, reports, and statisticsJ subject to the approval of th ]mini - trator, a may be required trom time to time by the ode uth ri . 

All such information shall be confidential. Such data a may be 

requeste 1 by the Administrator shall be made available to him. 

Report ubmitted by the Code Authority to the Pre ident or the 

Admini trator shall be in the form prescribed or provided I y him. 

Nothing in this sub-division shall be con idered a limiting th 

powers conferred on the Pre ident or the Admini trator by Title I 

of the Act. 

(b) To require from the members of the Indu try report regarding price , or prices and discounts on clo el tran actions or 

such other pertinent data on losed tran action a in it opmion 

may be necessary to effectuate the purpo es of the ct an 1 may· 

publi h the same should such procedure be deemed advi abl . 

( c) To re pre ent the Indu try in conferrina with th Pr i 1 nt 

or hi ag nts with respect to the admini tration f thi o 1 and 

in respect of the Act an l any reo·ulation :i ued ther und r. 

( <l) To hear and inve tiaate complaint and att 1111 t to a lj u. t th 

same in ac ordance with su h rule and r o·ulati n as ma b l r -

rnulgat cl from time to time by th Admini trator. 

( ) To o-orclinate the Admin:i tration f thi 

ode if any as may be adopted by an . ub-di i i n f hi In u -

try or any r lated in lu tr ith a i w t pro i ing j int an 1 harmoniou a tion on all matter of comm n inter t all with ap1 r , al 

of th Adm.ini tr a tor. 

(f) To mak rul and r ulati 

i n of thi od ubj th 

ar p al to th ... dmini trator. 

( ) T cur from m mb r f th 

prop rtional pa m nt f th r a ona 1 x n 

ocl uthorit an it a frriti . 

qnita 1 , ncl 

intainin a th 

n ti e _ 1 man.J r r qn : t r qu1 r 1 r J rn i t l1 

r b ma 1 upc n any m<'mb r f tl In ln: trv :hall 

giY n if nrn.il 1. p . ta~, l l' 'l ai 1. a 1dr ,, : 1 to , n ·h 

r < f th In lu: tr3 1 a hi,· adtlr '~'> m fil with th , tar , of 

1 Anth ri 
191 

SEG'TION 6. Members of the Industry 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 their reasonable share of the expen es of administration. 

The reasonable ·hare of the expenses of its administration shall be 

determined by the Code Authority, subject to review by the Administrator, on the basis of volume of busine and/or ·uch other 

factors as may be deemed equitable to be taken into consideration. 

SECTION 7. In addition to the information required to be submitted 

to the Code Authority, there shall be furnished to government 

agencies such statistical information as the Administrator may deem 

nece.,sary for the purposes recited in Section 3 (a) of the Act, provided that nothing herein contained shall relieve any person of any 

existing obligations to furnish reports to government agencies. 

SECTION 8. Nothing contained in this Code shall constitute the 

members of the Code Authority partners for any purpose. Nor 

shall 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 Autllority. Nor shall any member of the Code Authority, exercising reasonable 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 misfea. ance or 

non-feasance. 

SECTION 9. The Code Authority _shall study the effect of the various provisions of this Code on the Industry and consider proposals 

for amendments or modifications and make reeomm.endations from 

time to time thereon to the Adrn.inistrator, which amendments or 

modifications will become effective as part of the Code, upon approval 

by the Administrator after such notice· ancl hearing as he may. pecify. 

SECTION 10. I£ the Administrator shall determine that any action 

of the Code Authority or any agency thereof may be unfair or 

unjust or contrary to the public interest, the Administrator may require that such action be suspended to afford an opportunity for 

investigation of the 1nerits of such action and further consideration 

by s:uch Code Authority or agency pending final action, which shall 

not be eff.ective unless t..he Administrator approves or unle..-,s h e shall 

fail to disapprove after thirty (30) days' notice to him of intention 

to proceed with uch action in its original or modified form. 

ARTICLE VII-TRADE PnACTICES 

SECTION 1. Open Price Filinr;.-,Vitbin fifteen (15) days after the 

effective date of this Code: en.ch m"'mber of the Indu try shall file 

with the Code Authority a complete list of its current prices on 

competitive machines FOB Factory where manufactured, terms and 

trade discounts. Such price lists, terms and discounts may be revised as conditions r equire by filing same with the Code Authority. 

It shall be an unfair method of competition for any per on to give 

any concessions directly or indirectly by any means, from its li t 

of prices, terms and di count , so long as the same r main in foi·ce, 

and no change shall become effecfrve in advance of filing the ame 
192 

with the Code Authority which hall make such information available 

to all interested per on . · 

SECTION 2. The Code Authority shall ause to be formulated an 

accounting system and methods of co t finding and/ or estimating 

capable of use by all members of the Industry. After such sy tern 

and methods have been formulated and approved by the Administrator full details concerning th m shall be made available to all 

member . Thereafter all members shall determine and/ or c timate 

co ts in accor lance with the I rinciples of such method . 

SE TION 3. Except to meet the ·elling price of a bona-fide 1 w o -t 

pro lucer or importer of products of equivalent design, character, 

quality and/ or specifications, or for the purpo ·e of lispo ing of 

discontinued lines or seconds, no member shall sell his products at a 

price below hi · own cost thereof, costs in all ca es to be determined 

in accordance with the system of accounting provided for in ' ct.ion 

2 of this Article. 

ECTION 4. Trade-in .Alloivances.-Within thirty (30) days fr m 

the effective date of this Code each member of the industry shall file 

with the Co le Authority a schedule of his trade-in allowance on 

machines of his own ma.nufacture and those manufactured by competitors. Such schedule may be revised from time to time by filing 

ame with the Code Authority, and shall become effective on filing. 

It shall be an unfair trade practice for any member of the indu try 

to niake any trade-in allowance in excess of tho e tipulated in hi 

schedule n file with the Code Authority. 

Ann LE VIII-UNFAIR TRADE PRACTICES 

The following practices shall constitute unfair metho ls of competition for members of the Industry and are prohibited: 

SECTION 1. Oom1ne1YYial Bribery.-No member of the In lu try hall 

give permit to be given, or directly off r to o-ive anything of valu 

for the purpo e of influencing or rewarding th action of any employee, agent or repre entative of another in relation to the bu in 

of the employer of such employ e, the I rin ipal f uch a · nt or th 

repr ·ented })arty without the knowledge of u h mplo r I rin ipal 

or party. Commercial bribery provision hall not b n · ru t 

prohibit free and o-eneral distribution of articl onunonly u d f r 

adverti ino- except so far as such article are actuallj u l f r 

merciar bribery a hereinabove 1 fined. 

SECTI N 2. D famation.-Th l famation of mp tit r b3 faL ly 

imputino- to them li h norable condu t inabilit t p rf rm 

tract que tionable er lit -tandino- r b th r mi T pr ntati n · 

with th t nd n y an l apa ity to mi 1 al an 1 l i, I ur ha, r 

or pr . p ti-re pur ha r hall b c n i l r l a lati n f thi 

1 . 
193 

ARTICLE IX-MODIFICATION 

1. This Code and all the provi ions thereof are expre sly made 

subject to the right of the Pre. ident, in accord::mce with. the provisions of subsection (b) of Section 10 of the Act, from. time to time 

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

i sued under Title I of said Act and spe ·ifically but without limitation, to the right of the Pre ident to cancel or modify his approval 

of this Code or any condition impo ed by him upon his approval 

thereof. 

2. Thi Code, except as to provision required by the Act, may 

be modified on the basis of experience or changes in circum tances, 

such modifications to be based upon application to the Administrator 

and such notice and hearing as he shall specify, and to become eff ective on approval of the President. 

ARTICLE X 

If any employer in this Industry is also an employer in any other 

industry, the provision of this Code shall apply to and affect only 

that part of the business of such employer which is a part of the 

Industry covere l by this Code. 

ARTICLE XI-MONOPOLIES 

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

ARTICLE XII-PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 

services increase as rapidly as wage·s, it is recognized that price 

increases should be delayed and that, when made, the same should, 

so far as possible, be limited to actual increases in the seller's costs. 

ARTICLE XIII-EFFECTIVE D ATE 

This Code shall become effective on the third Monday after its 

approval by the President. 

Approved Code No. 343. 

Registry No. 1399-45. 

0 


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