Approved Code No. 358 Registry No. 1399-44 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CYLINDER MOULD 

AND DANDY ROLL INDUSTRY 

AS APPROVED ON MARCH 23, 1934 

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UNITED STATES 

GOV·ERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. • • - - - - - - Price 5 cents 

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Approved Code No. 358 

CODE OF FAIR COMPETITION 

FOR THE 

CYLINDER MOULD AND DANDY ROLL INDUSTRY 

As Approved on March 23, 1934 

ORDER 

APPROVING CooE OF FAIR COMPETITION FOR THE CYLINDER MOULD 

AND DANDY ROLL 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 Cylinder :Mould and Dandy Roll 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 reference said annexed report and do find that said Code complies in all respects with 

the pertinent provisions and will promow 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, 

.Admlinistrator for Industrial Recovery. 

Approval re.commended: 

A. R. GLANCY, 

Division .Administrator. 

w ASHINGTON, D. c., 

March ~3, 1934. 

48303°-425-132-34 (3917) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The W kite House. 

SIR: This is a report on the Code of Fair Competition for the 

Cylinder Mould and Dandy Roll Industry a revised after a Public 

Hearing conducted in Washington on the 26th day of February 

1934, in accordance with the provisions of the National Indu trial 

Recovery Act. 

PROVISION AS TO HOURS AND WAGES 

Employment is limited to 8 hours per day and 40 hours p r week, 

and to 6 days in any 7 day period, with th exception that in peak 

period a tolerance of 8 hours per week in any 6 weeks durino- any 

6 months' perio l is permitted, and that heating firemen, truckmen, 

and shipping clerks may work 44 hours per week. 

A minimum wage of 40 cents per hour is e tabli hed except for 

office employee who are to be paid at the rate of not 1 s than 15.00 

per week. 

Female and male employees doing substantially the same work 

shall be paid at the ame rate. 

Overtime i to be paid at the rate of one and one-half the regular 

rate for all hour worked in exce s of 8 hours per day and 40 hours 

per week. 

ECO OMIC EFFECT OF TIIE ODE 

w k 

f mpl 
399 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of 

industry for the purpo e of cooperative action among the trade 

groups, by inducing and maintainino- united action of labor and 

111anagement under adequate governmental anctions and supervision, by eliminating unfair competitive practices, by promoting the 

fullest po sible utilization of the pre. ent productive capacity of 

induatries, by avoiding undue restriction of production ( except as 

may be temporarily required), by increasing the con umption of 

industrial and agricultural products through increa ing purchasing 

power, by reducing and relieving unemployment, by improving 

standards of labor and by otherwise rehabilitating industry. 

(b) Said Industry normally employ not more than 50 000 employees, and is not classified by me as a major industry. 

( c) The Code as a pp roved com plies 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· an industrial association truly representative of the aforesaid Industry; and that said association impo ·es 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. • 

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

Respectfully, 

MaRCH 23, 1934. 

HUGH s. JOHNSON, 

Ad11iinistrator. 
CODE OF FAIR CO~1PETITIO FOR THE CYLI DER 

~1OULD AND DANDY ROLL INDUSTRY 

ARTI LE I-P POSES 

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

Recovery Act, the :f ollowin~ provisions are e tablished as a Code of 

Fair Competition for the vylinder Mould and Dand. Roll Indu - try, and shall be the standard of fair competition for this Industry, 

and shall be binding upon every member thereof. 

ARTICLE II-DEFI "ITIO 

The following terms are u ed herein with the meanings et -forth 

below: 

SECTION 1. The term" Cylinder Mould and Dandy Roll Indu try", 

as u ed herein, or the " Industry " mean.s the manufacturing, repairing, and recovering of Cylinder Moulds and/or Dandy Rolls (plain 

or wat~rmarked) for sale and/ or the sale of any of these products 

or services. 

ECTION 2. The term " employee", a used herein means an one 

engaged in the Industry in any capacity, receiving compen ation 

for his ervice.s, irrespective of the nature or method of paym nt 

of uch compensation. 

SECTION 3. The term "employer", as used herein, mean an one 

by whom any such employee is comp nsated or employed. 

SECTI 4. The term "member of the Industry" as u d herein 

means anyone engaged in the Indu try as above d fined either a 

an mployer or on his own behalf. 

E TION 5. The term "A,ssociation' a u ed h r in m an the 

A ociation of Cylind r Mould and/ or Dandy Roll 

R pair rs and R cov rers. 

~E TI N 6. The term ' e:ffe ti e date ', a u d her in m an th 

se ond M nday after approval of thi de b h Pr i l 11 • 1

E TIO.l 7. Th t rms "Pr il nt" ' t" an ' mini trat r· 

as u e l h rejn mean re 1 cti 1 , th Pr i l n f th ni l ~tat 

of meri a Title I f th ational Indn rial R t. an he 

A ]mini trator for 11 lu trial R ov r und r 

ARTr 'L III-H 
401 

eight ( 8) hours per day and forty ( 40) hours per week. The foregoing limitations shall not apply to: 

(a) Those engaged in executive, managerial _and supervisory 

capacities (except foremen) who regularly receive thirty-five ($35.00) 

dollars or 1nore per week, or outside salesmen. 

(b) Heating firemen, truckmen, shipping clerks and delivery employees may be permitted to work not in excess of forty-four ( 44) 

hours in any one (1) week, provided that one and one-half (11⁄2) 

times the normal rate of pay shall be paid for hours worked in excess of eight ( 8) hours per day and forty ( 40) hours per week. 

(c) Watchmen may be employed not more than fifty-six (56) 

hours in any one ( 1) week, nor more than six ( 6) days in any one 

(1) week. 

( d) Employees on emergency maintenance or emergency repair 

work involving breakdown or protection of life or property shall 

be permitted exemption from this section; but in any such special 

case at least one and one-half (11⁄2) times the regular rate shall be 

paid for hours worked in excess of eight (8) hours per day and forty 

( 40) hours per week. 

SECTION 2. No accounting, clerical or office employee shall be employed in excess of forty ( 40) hours per week or nine ( 9) hours 

per day. Eight (8) hours shall constitute a normal working day. 

SECTION 3. No employer shall knowingly permit any employee 

to work for any time which, when totalled with that already performed for another employer or employers in any Industry exceeds 

the maximum permitted herein. 

SECTION 4. Employers performing manual work or who are engaged in mechanical operations shall not exceed the prescribed maximum number of hours. . SECTION 5. No employee shall be permitted to work more than 

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

ARTICLE IV-WAGES 

SECTION 1. No employee shall be paid less than at the rate of 

forty ( 40) cents per hour, except 

(a) Office, clerical1 accounting, sales employees, compensated on a 

weekly basis of not ess than at the rate of fifteen ($15.00) dollars 

per week. 

SECTION 2. This Article establishes a minimum rate of pay regardless of whether an employee is compensated on a time-rate, 

piece-work or other basis. 

SECTION 3. Female employees performing substantially the same 

work or performing the same duties as male employees shall receive 

the same rates of pay as male employees. 

SECTION 4. No employer, whether acting through agents or otherwise, shall accept rebates on wages or give anything of value or 

extend favors to any person for the purpose of influencing rates 

of pay or the working conditions of his employees. 

SECTION 5. A person whose earning capacity is limited because 

of age, physical or mental handicap, or other infirmity, may be 

employed on ,light work at a wage below the minimum established 

by a Code, if the employer obtains from the state authority, desig-
402 

natecl by the United State D partment of Labor, a certificate 

authorizing such person's employment at such wages and for uch 

hours as shall be stated in the certificate. Such authority hall 

be guided by the instruction of the United tates Department of 

Labor in issuing certificates to such persons. Each employer shall 

file monthly with the Code Authority a li t of all such per on 

em ployed by him, showing the wages paid to, and the maximum 

hours of work for such employee; provided however, that u h 

employees shall not exceed five ( 5) percent of the total number of 

employees, but each employer shall be entitl cl to at least one uch 

employee. 

SECTION 6. Equitable adjustment of all wage shall be mad by 

every employer who ha not heretofore made such adju tments 

under the National Indu trial Recovery Act. Within thirty (30) 

days after the effective elate of this Code all such adju tment mad 

under the Act shall be reporte l to the Co le Authority and t th 

Administrator. In no ca e hall hourly or pie e rate be reduced. 

SECTION 7. Each employ r hall make payment of all wa due 

in lawful currency or by negotiable che k payable on demand. 

Wao·e hall be exempt from any leduction , o her than tho e , ol• 

untarily agreed upon . 

... RTICLE V-GENERAL LABOR PRO IO T 

·omplian wi h ti n 7 (a) f h t it l 
403 

safety, health, sanitary or general working conditions or insurance or fire protection, than are imposed by this Code. 

SECTION 4. No employer shall reclas ify employees or duties of 

occupations performed or engage in any other subterfuge for the 

purpose of defeating the purposes or provisions of the Act or of this 

Code. 

SECTION 5. Each employer shall keep conspicuously posted at all 

times in each shop, establishment or separate unit or enterprise complete copi s of the labor provisions of this Code to the extent necessary to make them freely accessible to all employees. 

SECTION 6. Each employer shall provide for the safety and health 

of his employees at the place and during the hours of their employment. Standards for safety and health shall be submitted by the 

Code Authority to the Administrator within three (3) months after 

the effective date of this Code. 

SECTION 7. No member of the Industry shall directly or indirectly 

sublet to any employee, the labor services required in the execution of 

any contract of such member. This should not be construed to cover 

work commonly known a piece-work. 

ARTICLE VI-ADMINISTRATION 

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

hereby constituted to cooperate with the Administrator in the administration of this Code. 

SECTION 1. Organization of the Code Authority. 

(a) A Code Authority shall consist of five (5) individuals, or 

such other number as may be approved from time to time by the 

Administrator, to be selected as hereinafter set forth. The Administrator, in his discretion, may appoint not more than three (3) additional members ( without vote) to represent the administration. 

(b) Five ( 5) individuals to be chosen by the Industry shall be 

elected at a meeting of the entire Industry, such meeting to be called 

by the Association within five (5) days after the approval of this 

Code. Notice of such meeting shall be sent by the Association by 

registered mail at least ten (10) days in advance of the election of 

all members of the Industry who are registered with the Association, 

or whose identity and address can be ascertained through diligent 

inquiry. Each member of the Industry who agrees to sustain his 

reasonable share of the expense of administering this Code shall be 

entitled to vote, and shall have one (1) vote, said vote to be cast 

in person or by proxy. A majority vote of the members participating in said election shall be necessary to elect. 

(c) Individuals so elected shall serve for one (1) year, at the end 

of which time there shall be another election conducted as hereinbefore provided. Individuals on the Code Authority shall be eligible 

for reelection. Vacancies in the Code Authority occurring during 

the year shall be filled by the vote of the remaining members. 

SECTION 2. 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 expenses of its administration. 

Such reasonable share of the expense of administration shall be deter-
404 

mined by the Code Authority, subject to review by the Administrator 

on the basis of volume of bu iness and/ or such other factors as may 

be deemed equitable. 

SECTION 3. The said A ociation shall: (1) Impo e no inequitable 

restrictions on membership and (2) Submit to the Administrator 

true copies of its Constitution and By-Laws, and any amendments 

thereto, together with such other information as to membership, organization and activities as the Admini trator may deem nece ary 

to effectuate the purposes of the Act. 

SECTION 4. In order that the Code Authority hall at all time be 

truly representative of the Indu try and in other re pects comply 

with the provisions of the Act, the Administrator may provide such 

hearings as he may deem proper; and thereafter if he shall find 

that the Code Authority is not truly representative or does not 

in other re pects comply with the provi ions of the Act, may require 

an appropriate modification in the method of selection of the Code 

Authority. 

SECTION 5. Powers and Duties. The Code Authority shall have 

the following duties and powers to the extent permitted by the ct: 

(a) To adopt By-Laws and Rules and Regulation for its procedure and for the admini tration of the Code. 

(b) To make such reports as the Admini trator may require and 

collect from members of the Industry periodically or a often a it 

may direct worn or unsworn reports on wages, hours of labor onditions of employment, number of employees, and other matters 

pertinent to the purpose of this Code or of the Act. 

In addition to information required to be submitt d by the Code 

Authority there shall be furni hed to goYernm nt a o- n i uch 

stati tical information as the Admini trator may de 111 n ary for 

the purpo es recited in Se tion 3 (a) of the ct, but nothing herein 

contained hall relieve anyone of any exi ting obligation to furnish 

reports to government agencies. 

( c) To investigate any complaints of violation of thi ode and 

to seek adju tments thereof, under such rul and regulati n as may 

be Ir cribed by the Admini trator. 

( d) To recommend to the Admini trator furth r trad pra i e 

provisions to govern memb rs of the Indu try in th ir r lati n with 

each other or with oth r indu tri and to r omm nd to th dministrator m a ur for indu trial planning, in lu lino- tabilization f 

mplo m nt. 

( e) To a1 point c mmitt to arr:y out it du i if d n 

ary uch a the f llowing : dmin1 tra ti n mplian 

Trad R lation ubdi i ional and u h th r mmitt 

b r quir d. 

(f) T tud 

Indn tr and n id r pr I 

and rnak: r omm n ati n 

L trat r, whi h an n 111 n 

1 r f th l ur n a1 r 

noti ai 1 h arin a h ma 

( o-) T a1 I int trad Ira li mmitl 

th tra 1 Ira ti mmitt • 11 int un 1 r 

may b r ] a l th in l u r r f r th 1 11'1 
405 

trade practices to govern the relationships between production and 

distribution employers under this code and under uch others to the 

end that such fair trade practices may be propo ed to the Admin- istrator as amendments to this code and such other codes. 

SECTION 6. The Code Authority may appoint a secretary and any 

and all information reque ted by the Code Authority shall be filed 

with the secretary and deemed confidential, and the reports of individual members shall not be divulged to any member of the Industry 

except in compiled summaries, but shall be available to the Administrator upon reque t. 

SECTION 7. If the Administrator shall determine 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 merits of such action and further 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 the intention to proceed 

with such action in its original or modified form. 

ARTICLE VII-PRICES 

SECTION 1. In the conduct of its business, each member of the 

industry shall use a method of cost accounting which conforms to 

the principles of the standard method of cost accounting to be formulated or adopted by the Code Authority and approved by the Administrator. Variations from or modifications of the adopted 

method may be required to fit the individual needs of particular 

members, but the expression standard method is to imply in its 

narrowest sense: (a) a definition of accounting terms, in order that 

all members of the Industry may include the same elements in 

various stages of cost; and (b) a model or standard to provide a 

gauge of the requirements for an adequate procedure. Full details 

concerning such method shall be made available to all members. 

SECTION 2. Within seven (7) days after the effective date of this 

Code each member of the Industry shall publish his prices, terms 

and conditions of sale on all products of the Industry. Coincident 

with such publication, each member of the Industry shall file with 

the Code Authority a complete schedule of such prices and terms 

with sufficient CO:()ies for all mem.bers of the Industry, and the Code 

Authority shall immediately distribute to all members of the Industry a complete schedule of such prices, terms and conditions 

of sale. 

SF--CTION 3. In the event of any change by any member of the 

Industry in any price7. terms, or condition of sale, he shall file full 

and complete copies of every change with the Code Authority. All 

such changes shall become effective immediately upon such filing 

unless and until the Code Authority shall designate periods within 

which any such changes shall become effective, subject to the approval of the Administrator, but in no case shall any such period 

exceed seven (7) days after the date of the filing of the change. 

Copies of all changes filed sliall be immediately distributed by the 

Code Authority to the members of the Industry. Information on 
406 

such price changes shall be available to the trade to which it is applicable, on the effective date of such change and each member shall 

coincidently file such information in the office designated by the 

Code Authority for immediate distribution by the Code Authority 

to the members of the Industry. 

SECTION 4. In the event the Code Authority hall make any change, 

as authorized in Article VII, Section 3, in the eff ctive dates of filed 

prices and any member of the Indu try shall not r ceive sufficient 

notice of the filing by any other n1ember of any change in prices or 

terms and conditions of sale as will enable the member fir t mentioned to meet the said change on the effective dat th reof, such 

member may file with the Code Authority such change in hi prices, 

terms and conditions of sale as may be required to meet the hange 

filed by the other member. Change so filed shall become eff ctive 

on the same date as the effective date of the change of the member first filing as aforesaid, or if uch change has already become 

effective, then the chano·e ub equently filed shall become eff ctive 

immediately. 

SECTION 5. No member of the Indu try hall sell, pay a rebate, or 

allow a deduction ·at any time to any per on except in accordance 

with his prices, terms, and condition of sale then in ffe t and published in the manner described herein. Each member of the Industry 

shall have the right, individually, to publish new price , terms, and 

conditions of sale, from time to time, as herein provided. 

ARTICLE VIII-TRADE PRACTICES 

tition 
407 

SECTION 4. Interference with Contractual Relations: Maliciously 

inducing or attempting to induce the breach of an existing oral or 

written contract between a competitor and his customer or source 

of supply, or interfering with or obstructing the performance o:f 

any such contractual duties or services. SECTION 5. Secret Rebates: Secretly paying or allowing rebates, 

refunds, commissions, credits, or unearned discounts, whether in the 

:form o:f money or otherwise, or the secret extension to certain 

purchasers of special services or privileges not extended to all 

purchasers on like terms and conditions. 

SECTIO 6. Giving o:f Prizes, Premiums, Gifts, or Services: Giving or offering to give prizes, premiums, gifts, or services in connection with the sQ,le of products of the Industry or as an inducement 

thereto, by any scheme which involves lottery, misrepresentation, 

or :fraud. 

SECTION 7. Defamation: Defaming competitors by falsely imputing to them di honorable conduct, inability to perform contracts 

questionable credit standing, or by other :false representations or 

by the false disparagement of the grade or quality of their goods. 

SECTION 8. Threats of Litigation: Publishing or circulating 

threats of suits for infringement of patents or trade marks or o:f 

any other legal proceedings not in good faith, with the tendency or 

effect o:f harassing competitors or intimidating their customers. 

SECTION 9. Espionage of Competitors: Securing confidential information concerning the business of a competitor by a false or 

misleading statement or representation, by a false imper onation 

of one in authority, by bribery, or by any other unfair method. 

SECTION 10. Selling or offering to sell at variance from filed 

price lists: Selling or offering to sell at prices different from prices 

filed with the Code Authority as provided in Article VII, Section 3. 

SECTION 11. Selling Below Cost: No member of the Industry 

shall sell products at less than the cost to the seller as determined 

on the basis o:f the principles outlined in the standard cost accounting method stipulated in Article VII, Section 1, above, with such 

r estrictions or adjustments as are indicated in the Cost Formula 

to be prescribed by the Code Authority and approved by the 

Administrator; provided, however, that sales below cost shall be 

permitted to meet the lower price of a competitor whose price does 

not violate the provisions of the Code, for products o:f equivalent 

type, quality, and/ or performance. 

SECTION 12. Guarantees against Price Changes: Making or giving, 

or offering to make or give guarantees or protection in any form 

against changes in prices beyond a period of :fifteen ( 15) days. 

ARTICLE IX-MODIFICATION 

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

made subject to the right o:f the President, in accordance with the 

provisions o:f Section 10 (b) of the Act, from time to time to cancel 

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

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

to the right of the President to cancel or modify his approval of this 

Code or any conditions imposed by him upon his approval thereof. 
408 

SECTION 2. This Code, except as to provi ions required by the 

Act, may be modified or , upplemented on the basi of experience or 

changes in circumstance , such modification to be ba ed upon applicativn to the Administrator and such notice and hearin a he hall 

specify, and to become effective on approval by th Pre ident. 

ARTICLE X-MONOPOLIES 

No provision of thi Code hall b so applied a to permit monopolies or monopolistic practices or to eliminate, oppr , or di· -riminate against small enterprises. 

ARTICLE XI-PRI E I CREA E . 

Whereas the policy of the Act to increa e real purcha ing power 

will be made impossible of consummation if price of o-ood and 

services increase as rapidly as wages, it is reco nized that price 

increases hould be delayed and that, when made, the ame hould, 

so far as reasonably possible, be limited to actual in reas in the 

seller's costs. 

ARTICLE XII-EFFECTIVE DATE 

This Code shall become effective on the econd Monday af r its 

approval. 

Approved Code No. 358. 

Registry No. 1399---44. 

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UN IVERSITY O F Fl O RIDA 

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