Approved Code No. 275 Registry No. 699-1-11 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CHEMICAL 

MANUFACTURING INDUSTRY 

AS APPROVED ON FEBRUARY 10, 1934 

BY 

PRESIDENT ROOSEVELT 

2. Letter of Transmittal 

3. Code 

UNITED STATES 

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WASHINGTON: 1934 

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Approved Coce No. 275 

CODE OF FAIR COMPETITION 

FOR THE 

CHEMICAL MANUFACTURING INDUSTRY 

As Approved on February 10, 1934 

BY 

PRESIDENT ROOSEVELT 

EXECUTIVE ORDER 

CODE OF FAIR COMPETITION FOR THE CHEMICAL MANUFA CTU RI NG 

INDUSTRY 

An application having been duly made, purnuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for my approval of a Code of 

Fair Competition for the Chemical Manufacturing 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 adopt and approve the report, recommendations, and 

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

Fair Competition be, and it is hereby, approved. 

Approval recommended: 

HUGHS. JOHNSON, 

Administrator. 

THE WHITE HousE, 

February 10, 1934. 

FRANKLIN D. ROOSEVELT. 

39361 °-376-50-34 (393) 
LETTER OF TRANSMITTAL 

{3 ) 
395 

FINDINGS 

The Division 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 ational Industrial Recovery Act, including 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 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 restriction 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) 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 an industrial association truly representative of the aforesaid 

Industry; and that said association in1poses no inequitable restrictions 

on admission to membership therein. 

(c) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(d) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(e) 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. 

It is recommended, therefore, that this Code be immediately 

adopted. 

Respectfully, 

FEBRUARY 10, 1934. 

HUGHS. JOHNSON, 

Administrator. 
CODE OF F IR COMPETITIO FOR THE CHE 1ICAL 

MANUFACTURI G INDU TRY 

To effectuate the policy of Title I of the ational Indu trial Recovery Act, the following provisions are e tabli hed a a Code of Fair 

Competition for the Chemical Manufacturing Indu try. 

ARTICLE I-DEFINITIONS 

(a) The tern1 "Pre ident" as used herein means the Pre ident of 

the United State . (b) The term "Administrator" as used herein means the duly 

appointed r pre entativ of the President to admini ter the ational 

Industrial R overv Act. 

(c) 'Ihe term "Chemical Industry" a u ed h rein and oYered by 

thi Code, shall be defined to 1nean the production and ale by the 

producer of hca y, indu,trial, and fine chemical and their byprodu t , 

unless eparc tc code not upplementary to thi ode ar ubmitted 

b3 any diYi. ion or ubdiYi ion of this Industry and approved by the 

President. 

(d) The tern1 "Allian e as u d herein m an Th h mical 

Allia , In ., a nonprofit sharin°· corporation or anized an l e.·i f-ing 

under the law of the tate of Connecticut. 

( e) The term 'employee ' as u ed herein n1 an all p r on 

n ploy din an"' pha e of the Chemical Indu tr vered by hi ode. 

(f) The t rn1 "effective date", as u ed herein 1n ans the tenth day 

after thi. od ha b en approved by the Pr id nt of the nited 

tate 

RTICLE II-Ho ·R 

On nd fter h 

cl ri nl, offic and al 

F LABOR 

up rp r tino- labor n r 

np ity r n • n 
397 

except that in such cases no employee shall be pe.rmitted to work 

during any three months' period more than an average of forty-four 

hours per week nor 1uore than forty-eight hours in any one week. 

(d) Employees engaged on continuous operation at places where 

adequate supply of qualified labor is not available and cannot reasonably be made available and where restriction of hours of such em• 

ployees would unavoidably reduce production. In such cases the 

average weekly hours may not be in excess of forty-eight hours per 

week and at the end of each calendar month any such employer in 

the Chemical Industry shall report to .the Alliance, in such detail as 

may be required by the Executive Committee or the Administrator, 

the number of man-hours so worked, giving the reasons therefor, 

and the ratio which such man-hours bear to the total number of 

man-hours during said month. 

(e) Cases of emergency, provided that at the end of each calendar 

month any such employer in the Chemical Industry shall report to 

the Alliance, in such detail as may be required by the Executive 

Committee or the Administrator, the nmnber of man-hours so 

worked, giving the emergency reasons therefor, and the ratio which 

such emergency man-hours hear to the total number of man-hours 

during said month. 

ARTICLE III-JvlrNIMUM VVAGES 

On and after the effective da,t.e the 1ninimmn wages paid by any 

employer in the Chemicai Industry to any employee, including accounting, clerical, office and sales e1nployees, shall be not less than 

thirty-five cents per hour when employed in the Southern District as 

defined below, nor less than forty cents per hoUJ' when employed 

elsewhere in the United States; provided, however, that if the hourly 

rate for the same class of work on July 15, 1929, was less than thirtyfive cents per hour in the Southern District or less than forty cents per 

hour elsewhere in the United States, then in that case the minimum 

wages paid hereunder shall be not l~ss than the hourly rate paid on 

July 15, 1929, and in no event less than twenty-five cents per hour 

in the Southern District and thirty cents per hour elsewhere in the 

United States; provided, however, that where a State law provides a 

higher minimum wage, no person employed within that State shall be 

paid a wage below that required by such State law. The above 

provisions shall apply in all cases except that-

(a) Apprentices and learners for not more than the first six: months 

of employment shall be paid not less than eighty percent of the 

minimun1 wages above provided and the total number of apprentices 

and learners shall not exceed five percent of the total number of 

employees employed by any employer subject to this Code. 

(b) Employees who because of age or infirmities are employed in 

such positions as watchmen, gatemen, caretakers, etc., shall be paid 

not less than eighty percent of the minimum wages hereinabove 

provided and the total number of such employees shall not exceed 

five percent of the total number of employees employed by any 

employer subject to the Code. 

In the case of any employee whose con1pensation is paid on other 

than an hourly basis or is based upon a measure other than time, the 

total compensation paid shall be no less than such employee would be 
398 

entitled to receive if his compensation were determined on an hourly 

basis. 

For the purposes of this Article "Southern District" shall be 

defined as that territory south of the States of Maryland, West 

Virginia, Kentucky, and Missouri, and including the tates of 

Oklahoma and Texas. 

ARTICLE IV-CHILD LABOR 

On and after the effective date, no employer 1n the Chemical 

Industry shall employ any person under the age of sixteen years; 

provided, however, that where a State law provides a higher minimum 

age, no person below the age specified by such State law shall be 

employed within that State. 

ARTICLE V-·ADMI ISTRATION 

The Alliance is hereby appointed an agency for the foUowing 
399 

the Alliance be liable in any manner to any one for any act of any other 

member officer, agent, or employee of the Alliance. Nor shall any 

member of the Alliance exercising reasonable diligence in the conduct 

of his duties hereunder be liable to anyone for any actions or omissions to act under this Code except for his own willful mi fea ance 

of nonf easance. 

(e) The Chemical Alliance shall: (1) Impose no inequi able restrictions on nrnmbership and (2) Submit to the Administrator true copies 

of its Articles of Association1 By-Laws, regulations and any amendments "' hen made thereto. 

~.LR TI CLE VI 

All members of the Chemical ~dustry shall be entitled to participate in and share the benefits of the activities of the Chen1ical Alliance 

by becoming a member of the Alliance, or by complying with the 

requirements of this Code and sustaining their reasonable share of 

the expenses of its administration. The reasonable share of the 

expenses of administration of each member of the Industry shall be 

determined by the Alliance on the basis of the total number of em- ployees covered by this Code, as provided in the Constitution and 

By-Laws of the Alliance or, subject to the approval of the Adminis- trator, ori such other equitable basis as thB i\Jliance from time to 

time may determine. 

RTI LE II 

If any employer in the Chemi,,al Ind1:1stry is also an employer in 

any other industry, the provisions of this Code shall apply to and 

affect only that part of the business of such employer ·which is a part 

of the Chemical Industry. 

RTICLE \ III-EMPLOYEE ORGANIZATION A :. D BARGAINI~G 

(a) Employees shall ha e the right to organize and bargain collec- tively through representatives of their own choo ing, and shall be 

froo from the interference, resLraint, or coercion of employers of labor, 

or their &gents, in the de ignat10n of such reprpsentativ0 s or in selforganization o:r in other concerted activitie.s for the purpo e of collective bargaining or oth@r mutual aid or prote tion. 

(b) 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 

choosmg. 

(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. 

ARTICLE IX 

In all activities 1111der this Code, the peculiar relation of the Chem- ical Industry to national defen e, national health, national indu try, 

and national agriculture must be constantly borne in mind by its 

employers, stockholders, directors, executives, and employees. The 

present products of this industry should be regarded as only byproducts; its main product and purpose the extension of chemical k.nowl-
400 

edge in the public interest. It is recognized that the Chemical Industry, if it is to keep abreast of chemical progress in the world, requires 

employees capable of constant advancement in their technical skill 

and of high and loyal character. Therefore, conscious of the great 

purpose of the industry, by presenting this Code the employers in 

this industry shall not be deemed to have waived any of their consti- tutional and legal rights to engage, promote, or release employees, 

and the members of the industry shall not be deemed to have waived 

any other constitutional rights. 

ARTICLE X 

The President may from time to time, cancel or modify any order, 

approval, license, rule, or regulatic.n issued under Title I of the ational Industrial Recovery Act. 

ARTICLE XI 

Supple1nentary provisions cove.ring fair trade practice rules, appli- cable to subdivisions of the Chemical Industry, may from time to time 

be submitted by the agency designated herein, or by an agency named 

by any subdivision, for the approval of the President. otwith- standing any provisions of Article V, or any authority conferred there- . by, any subdivision shall have the right to and shall be entitled to ubrnit in its own behalf, direct to the National Recovery Admini tration, 

and to administer, such supplementary provisions concerning fair 

trade practice rules, providing that no such supplementary pro i ion 

hall be inconsistent with the purposes and provisions of this ode. 

ARTICLE XII 

ubject to the approval of the President any subdivi ion of the 

hemical Industry operating under the provisions of thi ode ma 

el ct to sell any of its products only upon open prices and/or t rm and 

conditions publicly announced by each member of such ubdinsion. 

Any changes in prices and/or terms and conditions by an m mber of 

such subdivi ion shall be announced by such member imm diatel to 

all other members of the ubdividion through uch Ag nc a th ubdivi ion may determine. Variation from su h open and publi l 

announced price and/or terms and conditions hall not b allow d. 

By pr nting this od 

nnd III her of, tho e 

on nt o an modifi 

sub qu ntl agr . 

ARTI LE III 

I 

.· mph 11 b 

I pli a.-

within 
401 

which to permit the Alliance to subn1it recommendations thereon. 

It shall be the policy of the Adn1inistration in granting any exemption 

or stay of application that no distinction shall be made between the 

person or persons requesting such exemption or stay of application 

and other persons similarly situated in the Chemical Industry. 

ARTICLE xv 

The Code shall continue in effect for a period of ninety days after 

the eff ctive date thereof, subject, however, to amendm nt at any 

time as hereinbefore provided, and also subject to the reserved power 

of the President to cancel or modify his approval thereof. The 

Code shall continue in effect after the expiration of said period of 

ninety days in the absence of such reserved power on the part of the 

President, or in the absence of the exercise by 1nembers of the Alliance 

of the power which they hereby reserve, to terminate the Code at 

any time after the expiration of the s~id period of ninety days. Such 

cancellation shall be proposed by the Executive Committee of the 

Alliance by vote of the maj ority of men1bers thereof at the time in 

office. The proposal to cancel shall then be submitted to all 1nembers 

of the Chemical Alliance who shall be given a right to vote thereon. 

If at least two thirds of the votes entitled to be cast by the members 

of the Chemical Alliance, in accordance with the provision of Article 

VIII, Section 5, of the Constitution and By-Laws of the Chemical 

Alliance1 shall be in favor of cancellation, the Cheinical Alliance shall 

have the power, after service of a thirty-day notice on the Administration, to terminate said Code. When so terminated, all subsequent 

liabilities and obligations hereunde1 shall cease. Notwithstanding 

such action by the Alliance 1 any subdivision of the industry may 

elect to continue the Code in effect as to itself. 

Approved Code No. 275. 

Registry No. 699-1- 11. 

0 
UN IVERSITY OF Fl O RIDA 

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