Approved Code No. 379 Registry No. 1399-22 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

BOTTLING MACHINERY AND 

EQUIPMENT 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 4. 1934 

WE DO O~R PART 

I ( 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I I 

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Approved Code No. 379 

CODE OF FAIR COMPETITION 

FOR THE 

BOTTLING MACHINERY AND EQUIPMENT 

MANUFACTURING INDUSTRY 

As Approved on April 4, 1934 

ORDER 

APPROVING ConE OF FAIR COMPETITION FOR THE BOTTLING :MACHINERY 

AND EQIDPME IT lYIANUFACTURING 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 Bottling 11achinery and Equipment l\!Ianufacturing 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 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. 

HuaH S. JOHNSON, 

Administrator for Industrial R ecovery. 

Approval recommended: 

A. R. GLANCY, 

Division Administrator. 

w ASHINGTON, D.C., 

April 4, 1934. 

51236°-482-26---34 (71) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

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

Bottling Machinery and Equipment Manufacturing Industry, as 

revised after a Public Hearing held in Washington on the 20th day 

of December, 1933, in accordance with the provisions of the National 

. Indu trial Recovery Act. 

PROYISIONS AS TO HOURS AND WAGES 

Employment is limited to 8 hours per day and 40 hours per week 

and 6 days in any 7 day period with the exception of those employees 

engaged in emergency maintenance or emergency repair work. To 

provide for seasonal demand overtime is allowed to the extent of 

8 hours per week for 6 weeks in any 6 months' period. 

Overtime in excess of 8 hours in any 24-hour period or in excess 

of 40 hour in any 7 day period will be paid for at one and one-half 

times the normal rate. 

Minimum wages of 40 cents an hour for males and females are 

established except office and clerical employees who may be paid at 

a rate $15.00 per week, and office boys and girls at a rate of $12.00 

per week. Female employees performing substantially the same 

work as male employees will receive the same rate of pay. 

ECONOMIC EFFECT OF THE CODE 

Before the adoption of the reduced hourly schedule in 1933, this 

Indu try averaged 54 hours per week. Its thirty companies employed about 1800 persons. Adoption of the 40 hour week would 

increa e employment to 2430 persons or an increase of 34%. 

The invested capital of the Industry is about $15,000 000. Sales 

in 1932 totaled about $3,300,000 but sales for 1934 are estimated at 

$7,000,000 or an increase of 51%. 

FINDINGS 

Th Deputy Aclmini trator in his final report to me on said Code 

having found as herein set forth and on the ba is of all the proceedings in thi matter : 

I find that: 

(a) Said Code i well designed to promote the policies and purpo e, of Title I of the ational Indu trial Recovery Act including 

,·al of obstructions to the free flow of inter tate and foreign 

mm r wh.i h tend to dimini h the amount thereof and will proid f r th general welfare by promoting the organization of indu try for th purpose of cooperative action among the trade groups, 

(72) 
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by inducing and maintaining unite l a tion of labor and manag ment 

under adequate gov rnniental anctions and upervi ·ion, by eliminating unfair competitive practice , by promoting the full t possible utilization of the present produ tive car acity of indu -tries, by 

avoiding undue r estri tion of produ tion ( :xcept a may be tem- porarily r quir d), by increa ing the con umr ti n of indu trial and 

agricultural products through incrca ing purchasing power, by re- ducing and relieving unemployment, by improving tandard of 

labor, and by otherwise rehabilitating indu try. (b) Said Industry normally employs not more than 50 000 em- ploye ; and is not cla ified by me a a major industry. 

( c) The Code as approved complies in all respect with the pertinent provi ions of sai l 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; and that the applicant group 

is an indu trial association truly r epresentative of the aforesaid Industry; and that said association imposes no inequitable re trictions 

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) Tho e 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, 

APRIL 4, 1934. 

HUGHS. J OHNSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE BOTTLING 

MACHI ERY AND EQUIPMENT MANUFACTURING 

I DUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act the following provisions are establi hed a a Code 

of Fair Competition for the Bottling Machinery and Equipment 

Manufacturing Industry and hall be the standards of Fair Competition for the Industry and shall be binding on every member 

thereof. 

ARTICLE II-DEFDHTION s 

SE TIO 1. The term The Indu try ' means and includes the 

busines of manufacturing and selling by the manufacturer of 

bottling machinery and equipment, en1bracing principally bottle 

wa hers bottle fillers, bottle syrupers, bottle crowners, beverage bottle labeller be erage carbonators, beverage pasteurizer , beverage 

syrup mixer and kindred equipment u ed in the making bottling, 

crowning lab-.lling and preparation for sale of all type of drinks 

sold in bottles for beverage purpo e , not including wrapping or 

packing for deliv ry and excepting dairy products. The foregoing 

definition i intended to cover the manufacture and sale of machinery 

and machin part specifically de igned for use in the Beverage 

lndu try. 

SECTION 2. The term member of the Indu try " mean any person enaag cl in the Indu try as herein defined either a an employer 

or on hi own behalf. 

SECTION 3. The term ' The A ociation" mean the National Association of Bottling Machinery Manufacturers, now located at 218 

Mun ey Building, Wa hington D.C. 

SECTION 4. The term " Pre ident ' ' Act ', and "Admini trator " 

as u eel herein hall mean. re pectively the President of the United 

State , Title I of the National Inclu trial Recovery Act, and the 

A 1ministrator for Indu trial Recovery under said Act. 

ECTI0N 5. The term "emplo ee" as used herein includes anyone 

enga eel in the indu try in an. apacity receiving compen ation for 

hi service irrespective of the nature or m thod of pa) ment of 

uch compen ation. E TION 6. Th t rm emplo er" as u ed herein include anyone 

by whom any u h employ e is compen ated or employed. 

E TIO 7. Th t rm ' Code Authority ' means the Admini tratj v body pr vicl cl for in rticl IV of this ode. 

E TI0.i: 8. The t rm b , ra e a used her in hall m an and 

include all I r du t prepar d for con umption as a b Y rage ( excepting dairy pro ucts) and pecifi ally the following: 

(74) 
75 

Beer; alcoholic beverag s; wine; soft drinks ( carbonated beverage ) and waters; all the aforeo-oing whether naturally or artificially 

carbonated or non-carbonated. 

ARTICLE III-LABOR PROV! IONS 

SECTION 1. Employees shall haYe the right to organize and bargain 

collecti ely through repre entative of their own choo ing, and shall 

be free from the interferen"e, restraint, or coercion of employers of 

labor, or their agents, in the de in-nation of ,·uch representative or 

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

of collective bargaining or other mutual aid or protection. 

No employee and no one eeking employment hall be requir0d as 

a condition of employment to join any company union or to refrajn 

from joining, organizino-, or assi ting a labor organization of his own 

choosina. 

Employer shall comply with the maximnm hours of labor, minimum rates of pay, and other con litions of employment approved or 

prescribed by the Pre ident. 

SECTION 2. No person under 16 years of age shall be employed in 

the industry, nor anyone under 18 years of age at operations or 

occupations hazardous in nature or detrimental to health. The Corle 

Authority shall submit to the Administrator for approval before 

· June 1, 1934 a list of such operations or occupations. In any State 

an employer shall be deemed to have complied with this provision 

if he hall -have on file a certifi cate or permit duly issued by the 

authority in uch State empowered to issue employment or age certificates or permits, showing that the employee is of the required age. 

SECTION 3. H ours.-(a) No employee shall be permitted to work 

in exce s of forty ( 40) hours in any one ( 1) week or more than 

eight (8) hours in any twenty-four (24) hour period or more than 

six (6) days in any seven (7) day period, except as herein otherwise 

provided. · 

(b) During any seasonal or peak period when there is an unusual 

demand on the Industry the aforegoing limitations shall not apply 

and any employee may work a maximum of forty-eight ( 48) hours 

for six ( 6) weeks in any six ( 6) months' period; provided, however, 

that one and one half (11⁄2) times the regular hourly rate shall be 

paid for all time worked in exce s of forty ( 40) hours per week or 

eight (8) hours per day. · 

( c) On emergency maintenance or emergency repair work involving breakdowns or protection of life or property, the hours specified 

above may be exceeded, but in any such case all hours worked in 

excess of forty ( 40) hours per week and eight (8) hours in any one 

(1) day shall be compensated for at not less than one and one half 

(11⁄2) tjmes the regular hourly rate. 

( d) In order to get up steam before work starts in the morning 

and to bank fires after shutting down at night, power plant engineers and firemen shall be permitted in normal periods a tolerance of 

ten (10) percent above the ma.ximum hours allowed during such 

periods, and in peak periods ten (10) percent above the maximum 
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hours allowed during such periods; provided, however, that one and 

one half (11⁄2) times the regular hourly rate shall be paid for all 

hours and fractions thereof worked in excess of eight (8) hours per 

day or forty ( 40) hours per week. 

(e) Truckmen and/ or deliverymen shall be limited to forty-eight 

( 48) hours in any one ( 1) week, provided that time and one half be 

paid for all hours worked over forty ( 40) hours per week and eight 

(8) hours per day. - The above r egulation of hours and payment of overtime rates shall 

not apply to the following: 

(f) The maximum number of working hours for office or clerical 

employees in this Industry shall not be in excess of forty ( 40) hours 

per week, except that in case of emergency office employees on accounting or similar tasks may be permitted to work not more than 

eight (8) hours overtime in any one (1) month. A normal day shall 

not exceed eight ( 8) hours. 

(g) Watchmen shall be permitted to work a maximum week of 

fifty-six ( 56) hours provided that one (1) day's rest shall be granted 

in each seven (7) days; 

(h) Any person engaged in a managerial or executive capacity, 

technical employees acting in a supervisory capacity (not including 

working foremen) or sales service men who receive not less than 

thirty-five ($35.00) dollars per week, and traveling salesmen; provided further that the limitation of hours shall apply to employees 

otherwise engaged in an executive or supervisory capacity when such 

employees are engaged in production or mechanical work. 

( i) The Industry recognizes the desirability, and accepts the principle of the five ( 5) day week insofar as the e principle relate to 

working schedules for employees. To the extent that it r easonably 

can, the Industry will endeavor to employ its labor on that basis. 

(j) No employer shall knowingly permit any employee to work 

for any time which when totaled with that already performed for 

another employer or employers exceeds the· maximum permitted 

herein. 

SECTION 4. lVages.-N o employer shall pay any cleri ·al office, 

service, sales employee ( except out-side salesmen), or any other employee not specifically covered in this or any other paragraph less 

than at the rate of fifteen ($15.00) dollars per week in any city of 

over 250,000 population or in the immediate trade area of such 

city; nor less than at the rate of fourteen ($14.00) dollars per week 

in any city or town of ~50,000 or less population; provided, that 

office boys and/ or office girls shall be paid not less than eio-hty (80) 

percent of the rates fixed by this section; and provided further that 

such office boys and/or offi e girls in each plant shall not exceed five 

( 5) percent of the clas of employees covered by thi section; and 

provided further, that each member of the Industry shall be ntitled 

to at least one (1) such office boy and/ or office girl. 

SECTION 5. No employer shall I ay any factory employee l s than 

forty ( 40) cents p r hour; provided that no thin o- in Section 3 of 

thi Article shall apply to or aff t any bona fide apprenti e duly 

indentured under a system or cour e of training which wh n complet d will make the apprentice a killed mechanic. A c py of each 
77 

such indenture shall be filed with the Code Authority. At no time 

hall new appr ntice be admitte l to apprenti e hip in the employ 

of any one employer when su ·h ac ion will bring the total number 

of apprentices in the employ of u ·h mployer to mor than five ( 5) 

percent of the total numb r of mployee coYcred by thi ·ection; 

provided hmve, er that ea h empl yer -hall b entitled to at least 

one a pprenti e. 

It i agree l that thi paragraph e tabli he a O"Uarante d minimum 

rate of pay regardle of whether th employ e i · compen ated on 

the ba i of a time rate piecework, or other ba ·i . 

Female employees doing sub tantially the same work a that performed by male employee hall receive a rate of compen<.:ation equal 

to that of uch male employee . ECTIO - 6. The wage rate aboYe the minimum fixed by this arbcle 

shall be equitably adju ted if thi ha not been done since May 1, 

1933, and in no ca ·e hall they be decrea ·ed a the re ult of such 

adjustments. Each member of. the ~n~ustry hall report all such 

adjustment to the Code Authority w1th1n thirty (30) day after the 

effective date. 

SECTION 7. No employer shall r e-cla ify employee or du tie of 

occupations performed or engage in any other subterfuge for the 

purpose of defeating the purpo e · or provi ·ion of the Act or of this 

Code. 

SEcTIO 8. E, ery employer shall make reasonable provision for 

the safety and health of his employees at the place and during the 

hours of their employment. Standards for afety and health hall 

be submitted by the Code Authority to the Administrator for approval within six (6) months after the effective date of thi Code. 

SECTION 9. Within each State thi Code shall not super ede any 

laws of such State impo ing more tringent requirements regulating 

the age of employees. wages, hour of work, or health, welfare or 

general working conditions, than are imposed by this Code. 

SECTION 10. Each employer hall keep posted in conspicuous places, 

easily acces ible to employee , full copies of this Code, and any 

amendment and modifications which may later be approved. 

ARTICLE IV-ADMI T[STRATION 

SECTION 1. To effectuate the policies of the Act and to provide 

for administration of this Code within the Indu try, a Code Authority of five (5) members shall be established by the Indu try. Furthermore, upon request of the Administrator, non-voting representatives not to exceed three (3) in number, to be appointed by him, 

shall be added to such Code Authority. All employers engaged in 

the Industry as herein defined shall be entitled to participate in the 

election of such members of the Code Authority; such election may 

be by proxy, letter-ballot or in person. Such election shall be determined by a majority vote of the members of the Industry present 

at the election or represented by proxy or letter-ballot, each member 

being entitled to one ( 1) vote. The individuals so elected shall serve 

for terms of one (1) year respectively, at the end of which successors 

shall be elected as above provided. Any individual elected to the 
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Code Authority shall be eligible for re-election. Vacancies may be 

filled by the Code Authority. . Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall: 

(1) Impose no inequitable restrictions on membership, and (2) 

submit to the Administrator true copies of its articles of association, 

by-laws1 regulations, and any amendments when made thereto, together with such other information as to membership, organization, 

and activities as the Administrator may cleein necessary to effectuate 

the purposes of the Act. 

In order that the Code Authority shall at all times be truly representative of the Industry and in other respects 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 respects 

comply with the provisions of the Act, may require an appropriate 

1nodifica tion in the method of selection of the Code Authority. 

SECTION 2. The Code Authority shall have the following duties 

and powers to the extent permitted by the Act: 

(a) The Code Authority shall be charged with the supervision and 

administration of this Code and may adopt by-laws, rules and 

regulations for its procedure and for the administration of this 

Code. 

(b) In order that the President may be informed of the extent of 

observance of the provisions of this Code and of the extent to which 

the declared policy of the National Industrial Recovery Act is being 

effectuated in the Industry as herein defined, the Code Authority 

shall make such reports as the Administrator may require, and each 

member of the Industry shall make such sworn or unsworn reports 

to the Code Authority periodically, or as often as it may direct, on 

wages, hours of labor, conditions of employment, number of employees, production, shipments, sales, stocks, prices, and other matters pertinent to the purposes of this Code as the Code Authority 

may require, subject to the approval of the Administrator. 

( c) Members of the Industry shall be entitled to larticipate in 

and share the benefits of the activities of the Code uthor1ty 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. The 

reasonable share of the expenses of administration shall be determined by the Code Authority, subject to review by the Administrator, on the basis of volume of business and/or such other factors 

as may be deemed equitable to be taken into consideration. 

( d) In addition to information required to be submitted to the 

Code Authority, there shall be furnished to Government Agencies 

such stati tical information as the Adminstrator may deem necessary for the purposes recited in Section 3 (a) of the National 

Industrial Recovery Act. 

( e) The Code Authority shall appoint a secre~ary and any and 

all in formation requested by the Code Authority shall be filed 

with the secretary and deemed confidential and shall not be divulged 
79 

to any m mber xcept in ummary, but shall be available to the 

Admini trator upon request. 

(f) The Code Authority ma cl ·ignate the ational As ociation 

of Bottling Machinery Manufacturer or any other appropriate 

agency to a ist it in carryin<Y out the powers and dutie conferred 

upon it by thi ode· provided that the Code Authority hall not 

be relieved of responsibility and that when such A sociation acts in 

ucl1 capacity it hall comply with all the provi ion of thi Code 

applicable to the Code Authority. ((Y) The ode Authority may from time to time appoint uch ubmmittees or de ignate uch agencie and may delegate to any of 

them uch of it power and duties, a it shall deem nece ary or 

proper in order to effectuate the provi ion and purpo e of this 

Code. 

(h) The Code Authority shall tudy the effect of the various proi ion of thi Code on he Indu try and con ider propo al for 

amendments or modification and make recommendations from time 

to time thereon to the ... dministrator which amendment or modifications will become effective as part of the ode, upon approval by 

the Admini trator after such notice and hearing a he may pecify. 

ECTIO - 3. Any interested party shall have the right of complaint 

to the Code Authority and of a prompt hearing and deci ion thereon 

in re pect to any decision, rule regulation, or other cour e of action 

of such Code Authority. uch complaint mu t be filed in writing 

with the Code Authority within a rea '"'onable period of time after said 

decision rule, regulation or cour e of action is is ued or taken. The 

decision of such Code Authority may be appealed by any interested 

party to the Administrator. 

E TIO - 4. If the Aclmini trator hall determine that any action 

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

unjust or contrar} to the public interest, the Admini trator may 

require that uch action be su pended to a:ff ord an opportunity for 

inve tigation of the merits of such action and further con ideration 

by uch ode Authority or agency pending final action which shall 

not be effective unles the Administrator approves or unle s he hall 

fail to di approve after thirty days notice to him of intention to 

proceed with uch action in its original or modified form. 

ARTICLE V-TRADE PRACTICES 

The following prac ices con titute unfair methods of competition 

for member of the Indu try and are prohibited: 

SECTION 1. The secret payment or allowance of r ebate refunds, 

commis ions credits or unearned discounts, whether in the form of 

money or otherwise, or the secret extension to certain purchasers of 

pecial service or privileges nbt extended to all purcha er on like 

terms and conditions. ECTION 2. o member of the Industry shall induce or attempt to 

induce the breach of an existing contract between a competitor and 

his customer or ource of supply; nor shall any such member interfere with or obstruct the performance of such contractual duties. 
80 

ARTICLE VI-GENERAL 

SECTION 1. No provisions of this Code shall be construed, interpreted, OT a pp lied in such a manner as to-

( a) Promote m.onopolies or monopolistic practices. 

(b) Promote or encourage unfair competition. 

( c) Eliminate or oppress small enterprises. 

( d) Discriminate against small enterprises. 

SECTION 2. This Code and all the provisions thereof are expressly 

made subject to the right of the President, in accordance with the 

provisions of subsection (b) of Section 10 of the National Industrial 

Recovery 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 o-r any conditions imposed by him upon his approval thereof. 

SECTION 3. This Code, except as to provisions required by the 

Act, may be modified on the basis of experience or changes in circumstances, such modifications to be based upon application to the 

Administrator and such notice and hearing as he shall specify, 

and to become effective on approval of the President. 

ARTICLE VII-VIOLA.TIO NS 

Violation by any member of the Industry of any provision of this 

Code or any rule or regulation issued thereunder, or any deliberately false statement or report made to the Administrator or the 

Code Authority, after decision thereon by the Administrator pursuant to Article IV of this Code, shall constitute an unfair method 

of competition and the offender shall be subject to the penalties 

provided by the Act. 

ARTIQLE VIII-EFFECTIVE DATE 

The Code shall become effective eleven (11) days after it 1s 

approved by the President. 

Approved Code No. 379. 

Registry No. 139~22. 

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UNIVERSITY OF FLORIDA 

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