NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CANDLE MANUFACTURING 

INDUSTRY 

AS SUBMITTED ON AUGUST 26, 1933 

REGISTRY No. 712-1-01 

The Code for the Candle Manufacturing Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained there;n are 

to be regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

, .... 

...._----~-~- -: 

u.s. DEPC~ T C· ; •. 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

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CODE OF FAIR COMPETITION SUBMITTED BY THE 

CANDLE MANUFACTURERS' ASSOCIATION 

ARTICLE 1-PURPOSES 

This Code is adopted pur uant to the provisions of Title 1 o£ 

the National Indu trial Recovery Act to effectuate he policy o£ 

Congress as announc d in said Act, and in particular to eliminate 

unfair competitive practices to reduce and relie e unemployment, 

and to improve the standards of labor in the industry. 

ARTICLE II-DEFINmONS 

The term ' A ociation as used herein means The Candle Manufacturers' Association. 

The term " Industry " as used herein means the manufacture and 

marketing b the manufacturer of candles of all descriptions in 

the United States. The term 1\Ianufacturer 'as u ed herein mean any person, firm, 

corporation or association operating a plant or plants for the production of candles of any description in the United States. 

ARTICLE III-P .ARTICIP ATION 

This Code is accepted b the memb r of the A ociation organized under a on titution and By-Laws adopted June 29, 1933. 

The association includes over 90% of the total production of candles 

in the United State . 

ARTICLE IV-ADl\IINI TRATION 

A. This code shall be administered by the Executive Committee 

of the association which hall have all the powers conferred by this 

code and generally all such other powers and duties as shall be 

necessar to enable it fully to administer this code and effectuate 

its purpose. 

B. In particular the Executive Committee shall have power: 

1. To adopt rules and regulations for the enforcement of this 

code. 

2. To entertain and hear complaints against any manufacturer 

arising out of any violation of this code or of the National Industrial Recovery Act in connection therewith. 

3. To initiate and conduct proceedings before the proper tribunals 

or governmental agencies for the prevention or puni hment of any 

and all violations of thi code or of theN ational Indu trial Recovery 

Act in connection therewith. 

4. To supervi e the operation of all manufacturers in respect to 

this code and to that end to require all manufacturers to furnish to 

8205--33 (1) 
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the Business Manager periodically, or from time to time as it shall 

direct, and in such form as it shall prescribe, uch information concerning capacity, production, co t, shipments, ales, unfilled orders, 

hours of labor, rates of wages, credit information, and uch other 

information as the Executive Committee hall dee1n nece ary for 

the proper administration of this code. All such information received by the Business Manager shall be kept confidential xcept 

where such information discloses a violation of this code or of the 

National Industrial Recovery Act in connection therewith. 

5. To make such surveys and compile and publish uch reports in 

summary form as it shall deem proper and for the be t inter t of 

the industry. 

6. To consider proposals for amenillnent of this code, and to ubmit 

the same to the association for adoption at regular or special me tin as 

of the association, in accordance with the Constitution and By-Laws 

thereof. 

7. To appoint from time to time such subcommittee as it hall 

deem necessary and proper in order to effectuate the purpo e of 

this code, and to delegate to any such subcommittee g nerally or in 

particular instances such of the powers and duties of the Executive 

Committee under this code as may be necessary to accompli h the 

purpose of such subcomn1ittee. 

8. To retain counsel, to employ such accountant , expert , and 

agents as may be required for the proper administration of thi code 

and to fix their compensation. 

C. The Secretary of the association shall act as Secretary of the 

Executive Committee. He shall keep all the records of the Exe utive 

Committee in connection with the administration of this code. 

D. The Treasurer of the association shall act as Trea urer of the 

Executive Committee. Under the direction of the Executive ommittee he shall have charge of all funds collected in the admini tration of this code. He shall keep proper books of account howing 

the receipt and di position thereof. 

E. The Bu ines Manager, under th dire tion of the Ex cuti e 

Committee hall obtain from all manufactur r and hall oll 

such report data, tati tic , or oth r information a may be r - quired by the Executive Committee, an l hall main ain a ur ey 

of th op ration of all the manufa urer under hi c d In 

connection th rewith, th Bu in lanag r hall ha' t 

the book , a count , and record of all manufactur r an 

cau e an audit th r of t be made wh n r th x utiv mmittee shall dir t aft r u h arin · ur n r i a r 1 d t 

th manufa tur r r manufactur r n rn L u in ~fanao- r hall r rt t h r i 1 n f b nit and t h 

E utive mmi t all '' illful Yi lab n thi 1 . 1 ailur 

of any manu£ tur r to furni h 1 r mp l. ' t th u in lana r 

th informa i n r quir d . h utiv mmitt , an th 

f rm r hall n.titut a vi lati n thi l . . Th x a lmini trati n f thi hall b 

th m mb r f h x uti Y 

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specify. Such assessments shall be levied on the members of the 

association in the proportion ascertained as provided in Section 5 

of the By-Laws of the Association. Failure of any member of 

the association to pay the amount of any assessment properly levied 

against such member as aforesaid, for a period of ninety days after 

the date on which such assessment shall become due, shall constitute 

a violation of this code. 

ARTICLE V-LABOR PROVISIONS 

GENERAL 

A. In conformity with Section 7 (a) of Title 1 of the National 

Industrial Recovery Act, the following provisions are incorporated 

in this code: 

1. The employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

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

labor, or their agents, in the designation of such representatives or 

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

of collective bargaining or other mutual aid or protection. 

2. That no employee and no one seeking employment shall be required as a condition of employment to join any company union 

or to restrain from. joining, organizing, or assisting a labor organization of his own choosing; and 

3. That employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other conditions of employment, 

approved or prescribed by the President. 

B. It is clearly understood that the foregoing does not impair 

in any particular the constitutional rights of the employee and 

employer to bargain individually or collectively as maybe mutually 

satisfactory to them; nor does it impair the joint right of employer 

and employee to operate an open shop. 

C. Nothing in this code is to prevent the selection, retention, and 

advancement of employees on the basis of their individual merit, 

without regard to their affiliation or nonaffiliation with any labor 

organization. 

D. The right of individual or collective bargaining guaranteed to 

labor hereunder shall not include the right to bargain or demand 

as to methods, machines, and processes used or to be used in any 

plant or plants of the industry. · E. No manufacturer shall displace or eliminat€ labor employed in 

the industry, by the importation of competitive articles into the 

United States, and, if the importation of competitive articles in substantial quantities or increasing ratio to domestic products takes place 

on such terms or under such conditions as to offset the benefit, render 

ineffective, or endanger the purpose and maintenance of this code, the 

Executive Committee shall act as an agency for making complaint 

to the President on behalf of the industry, under the provisions of 

the National Industrial Recovery Act with respect thereto. 

F. On and after the effective date of this code, no manufacturer 

shall employ any minor under the age of sixteen years. 
4 

WAGE RATES 

G. On and after the effective date of this code, the minimum 

wage for male labor in all plants of the industry shall be forty cents 

an hour, regardless of whether the employee is compensated on the 

basis of a time rate or on a piece-work performance. 

H. On and after the effective date of this code, the minimum 

wage for female labor in all plants of the industry shall be thirty 

cents an hour, regardless of whether the e1:nployee is compensated 

on the basis of a time rate or on a piece-work performance. 

WORKING HOURS 

I. On and after the effective date of this code, except as provided 

in ection J hereof, manufacturer shall not cau e or permit any 

employee in any plant or plants under their operation or control to 

work more than forty hours a week, nor more than eight hours in 

any one day. 

EXCEPTED CLASSES 

J. The provisions of Sections I hereof hall not apply to foremen, 

engineer , firemen, watchmen, emergency repair crews, or persons 

receiving over $35.00 a week. 

K. The provisions of Sections G, H, I, and J hereof shall be po 'ted 

by each manufacturer in every plant under his or its operation or 

control, in easily legible form and in such conspicuous position that 

it can be readily seen by the employee . 

ARTICLE VI. TRADE PRACTICE 

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constitute 

mark or brand, 

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6. Procuring, otherwi e than with the consent of any manufacturer, 

any information concerning the business of such manufacturers which 

is properly regarded by it as a trade secret or confidential within 

its organization, other than information relating to a violation of 

any provision of this code. 

7. Disseminating, publishing, or circulating any false or mi leading information relative to any product or price for any product of 

any manufacturer, or to the credit standing or ability of any 

manufacturer to perform any work or manufacture or produce any 

product, or to the conditions of employment among the employees 

of any manufacturer. 

8. Inducing or attempting to induce by any means any party to 

a contract with a manufacturer to violate such contract. 

9. Aiding or abetting any person, firm, association, or corporation 

in any unfair practice. 

10. Making or giving to any purchaser of any product any guaranty or protection in any form against decline in the market price 

of such product. 

11. Stating in the invoice of any product a the date thereof a 

date later than the date of the shipment of such product, or including in any invoice any product shipped on a date earlier than the 

date of such invoice. 

12. Any violation of any other provision of this code whether or 

not therein expressed to be such, or using or employing any practice 

not herein de cribed, which the Executive Committee by majority 

vote shall declare to be a practice that would tend to defeat the purpose of Title I of the National Industrial Recovery Act, and, therefore, an unfair trade practice, if and when the arne shall be approved by the President of the United States. 

B. Every manufacturer shall u e an adequate cost accounting system and one which may be prescribed by the a sociation. It is also 

agreed that no manufacturer shall sell below a reasonable cost ; that 

is to say, a cost which includes all the fa tors of co t, arrived at by 

a system_ of formulas established by the association. 

C. No manufacturer shall ship or deliver to any per on, firm, or 

corporation any goods on memorandum or consignment, or by any 

transaction other than a sale. 

D. No merchandise purchased and shipped in good faith and in 

accordance with the buyer's specifications may be returned for 

credit by any purchaser, or if returned, such merchandise shall not 

be accepted for credit if same shall have been retained by the purchaser for more than 10 days. 

E. No manufacturer shall cause or permit any part of the work 

of the production of candles to be performed at any place other 

than his or its factory premises, or those of another manufacturer. 

F. No person, firm, association, or corporation not engaged in 

the industry on the effective date hereof shall thereafter enter the 

industry, except with the approval of the executive committee. 

G. On and after the effective date of this code, no manufacturer 

shall commence or resume production of any character, design, or 

type of candle not actually manufactured by it during the period of 

eighteen months preceding July 27, 1933. The foregoing shall not 

prohibit the introduction of new designs in existing lines. 
6 

H. On and after the effective date of this code, no manufacturer 

shall increase the productive capacity in pounds of candles of any 

plant, including that of unused machinery owned by the manufacturer, beyond such capacity as recorded on July 27, 1933, except with 

the approval of the Executive Committee. 

I. No manufacturer shall adopt or follow any trade practice 

which shall be inimical to public welfare, to small enterprise, to 

labor, or to employer. 

ARTICLE VII-GENERAL 

A. No prov1s10n in this code shall be interpreted or applied in 

such manner as to promote monopoly; promote or encourage unfair 

competition; eliminate or oppress small enterprise, or discriminate 

against small enterprise. 

B. The President of the United States may from time to time 

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

issued under Title I of the National Industrial Recovery Act or 

under this code or any amendments thereof. 

C. Amendments to this code may be proposed by any member of 

the assocition, and such amendments when adopted by a majority 

vote of the association shall become effective if, and when, approved 

thereafter by the President of the United States. 

D. Violation by any manufacturer of any privilege of this code, 

or of any rule or regulation promulgated by the Executive Committee under the powers conferred by this code shall constitute a iolation of the code and as such shall be an act of unfair competition 

and subject to the penalties provided by the National Industrial 

Recovery Act. 

E. In the event that any provision of this code may be held invalid or may be disapproved, such action shall not in any way 

affect any of the other provisions hereof. 

F. This code shall become effective immediately after it is approved by the President of the United States. 
THE CANDLE MANUFACTURES ASSOCIATION, 

.August 8th, 1933. 

SCHEDULE I 

In accordance with Article 4, Section A, subdivision 1 of the code, the 

Executive Committee hereby promulgates the following regulations in regard 

to trade practices which will apply to the church-candle division of the industry. 

Alm:OLE VI, A 

SEa. 2. No cash or merchandise rebates of any form whatsoever are allowed. 

This is interpreted to mean that the free distribution of Paschals, Triples, or 

other merchandise as premiums or otherwise shall be discontinued. 

No Votive Stands or Glasses shall be distributed as premiums. 

No advertising or donation in excess of $10 per year to any account in the 

form of tickets, money, or merchandise shall be allowed. The authority to 

make donations of this kind should not be given to salesmen, but should be 

retained by sales executives and used only in exceptional cases. 

Terms.-Candlemas terms include full year's requirements. On orders for 

Votive Candles, Votive Lights, and Sanctuary Candles other than the Candlemas 

order. terms will be 2% cash discount 10 days, 90 days net. 

(7) 
APPLICATION TO THE PRESIDENT OF THE UNITED STATES FOR 

APPROVAL OF A CODE OF FAIR COMPETITION FOR THE CANDLE, MANUFACTURING INDUSTRY UNDER TITLE I, SECTION 3, OF THE 

NATIONAL INDUSTRIAL RECOVERY ACT 

The attached code and supplementary data are submitted on behalf of TheCandle Manufacturers Association, which is composed of manufacturer producing approximately 90o/o of the candles made in the United States. 

This Association imposes no inequitable restriction on admission to membership therein, and is truly representative of the national candle indu try. 

The Code is not designed to promote monopolies or to eliminate or op'press 

small enterprises, will not operate to di criminate again t them, and will 

tend to effectuate the policy of Title I of the National Industrial Recovery Act. 

Duly authorized representatives of the members of the Association at a 

meeting in New York City on July 27th, 1933, authorized the executive committee of the Association to act in all matter pertaining to the form and 

sub tance of the code, and to present the code to the Pre ident for approval. 

The code provides for a 15o/o shortening of weekly hours from the average 

prevailing over the past five years. On the basis of 1928 figure this will 

mean an increase of 20o/o in employment. The minimum wages provided are 

in accord with tho e of the President's Agreement, and repre ent an increa e 

of 22o/o over the average minimum rate prevailing on July 15th, 1929. 

The code has been framed to support the President's Reemployment Program. We respectfully urge that it be approved. 

Pending final approval of the code, we reque t that the labor provi ions 

therein set forth be tentatively approved; that they be made binding at once 

on all manufacturers in the industry in lieu of the President' individual 

agreement; and that on such tentative approval all manufa turer in the 

industry complying therewith be deemed members of N.R.A. and entitled to 

its in ignia. 

Respectfully submitted. 

THE CANDLE MANUFACTURERs As OCIATION 

ExECUTIVE CoMMI'l'TEEl, 

HAROLD H. WILL, Ohaitrman. 

NEW YORK, August 9th, 1933. 

(8) 

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