UNIVERSITY OF FLORIDA 3 1262 08486 7588 Registry No. 1013—07 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE WHITE WET GROUND MICA INDUSTRY AS SUBMITTED ON AUGUST 18, 1933 The Code for the White Wet Ground Mica Industry in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this Industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents. Washington. D.C PHce 5 cents Submitted by WHITE WET GROUND MICA ASSOCIATION (n) CODE OF FAIR COMPETITION FOR THE WHITE WET GROUND MICA INDUSTRY August 18, 1933. To effectuate the policy of Title I of the National Industrial Recover}^ Act during the period of the emergency, by reducing and relieving unemployment, improving the standards of labor, elimi- nating competitive practices destructive of the interests of the public, employees, and employers, relieving the disastrous effects of over- capacity, and otherwise rehabilitating the White Wet Ground Mica industrj^ and by increasing the consumption of minerals and indus- trial and agricultural products by increasing purchasing power, and in other respects, the following provisions are established as a code of fair competition for the White Wet Ground Mica industry. No provision in this Code shall be interpreted or applied in such a manner as to: (a) Promote or permit monopolies; (b) Permit or encourage unfair competition; (c) eliminate, discriminate against, or oppress small enterprises. This Code shall be enforced impartially upon all members of the industry whether or not they are members of the White Wet Ground Mica Association — the applicant for this Code — after any objecting member of the industry has been given opportunity to present his case to the Federal Administrator. Part I — Employment and Production Section 1. Definithns. — The term " White Wet Ground Mica In- dustry " as used herein is defined to mean the business of wet ground processing of mica. The term " employees " as used herein shall include all persons employed in the conduct of such operations. The term " member of the industry " as used herein is defined to mean a manufacturer and/or importer of white wet ground mica. The term " association " as used herein is defined to mean the White Wet Ground Mica Association or its successors. The term " effec- tive date " as used herein is defined to mean Monday, August 28, 1933. Sec. 2. Labor. — (a) Employees shall have the right to organize and bargain collectively^ through representatives of their own chods- ing, and shall be free from the interference, restraint, or coercion of emplo3'ers 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. (b) No employee and no one seeking employment shall be required as a condition of employment to join any company or union or to refrain from joining, organizing, or assisting a labor organization of his own choosing. 9437—33 (1) 2 (c) Employers shall comply with the maximmn hours of labor, minimum rates of pay, and other conditions of emplo3^ment, approved or prescribed by the President of the United States. Sec. 3. (a) On and after the effective date the minimum wage that shall be paid by any employer in the industry to any employee engaged in the processing of white wet ground mica and anj^ labor operations directly incident thereto shall be 40(ji per hour, unless the rate per hour for the same class of labor on July 15, 1929, was less than 400, in which case the rate per hour shall be not less than the rate per hour paid on July 15, 1929, and provided also that in no event shall the rate per hour be less than 320 per hour ; and provided further, that learners may be paid not less than 80 percent of the minimum rate paid determinecl in the manner above provided, but the number of learners receiving less than such minimum rate so determined shall not exceed 5 percent of the total number of em- ployees engaged in the processing of white Avet ground mica and in labor operations directly incident thereto. (b) On and after the effective date the minimum wage that shall be paid by any employer to all other employees, except commission salesijeople, shall be at the rate of $15 per week; provided, however, that office boys or girls and learners maj^' be paid not less than 80 percent of such minimum wage, but the number of such office boys or girls and learners paid at a rate of less than $15 per week shall not exceed 5 percent of the total number of emploj^ees covered by the provisions of this paragraph (b). Sec. 4. (a) On and after the effective date, members of the indus- try shall not operate on a schedule of hours of labor for their employees — except continuously operating machine crews, repair- shop crews, engineers, electricians, firemen, office and supervisory staff, executives, traveling and commission salesmen, shipping and watching crews — in excess of 36 hours per week. (b) On and after the effective date, the maximum hours of labor of continuously operating machine crews shall be 40 hours per week. (c) On and after the effective date the maximum hours of labor of repair-shop crews, engineers, electricians, and watching crews in the industry shall, except in case of emergency work, be forty hours a week with a tolerance of 10 percent. Any emergency time in any mill shall be reported monthly to the White Wet Ground Mica Association. (d) The maximum hours of labor for office employees in the in- dustry shall be an average of forty hours a week over each period of_ six months, except executives, administrative and supervisory employees, and travelling and commission salesmen. (e) Provided^ however^ that these limitations shall not apply when a seasonal or peak demand places an unusual and temporary burden upon the industry; during such periods such number of hours may be worked as are required by the necessities of the situ- ation, but at the end of each calendar month every emploj^er in the industry shall report to the Secretary of the Association, in such detail as may be required, the number of man hours worked in that month on account of seasonal or peak demand requirements, and the ratio which said man hours bear to the total number of man hours of labor during said month ; and 8 Provided, fvrtJier^ that these limitations shall not apply in cases of emergency, but at the end of each calendar month every employer in the industry shall report to the Board of Directors of the Asso- ciation, in snch detail as may be required, the number of man hours worked in that month for emergency reasons and the ratio which said emergency man hours bears to the total number of man hours of labor during said month. (f) Under no circumstances shall an employee be employed or permitted to work for one or more employers in the industry in the aggregate in excess of the prescribed number of hours in a single week. Sec. 5. Agreements between members of the industry and their employees and between members of the industry and other persons, firms, or corporations in effect on August 1, 1933, if in any way affected or modified by regulations promulgated or put into effect under the act shall be so affected only during such time as the act is in effect and operative. Sec. 6. On and after the effective date, employers in the industry shall not employ any minor under the age of 16 years. Sec. 7. With a view to keeping the President informed as to the observance or nonobservance of this Code of Fair Competition, and as to whether the Wliite Wet Ground Mica Industry is taking ap- propriate steps to effectuate the declared policy of the National In- dustrial Recovery Act, each person engaged in said industry shall furnish to the Secretary of the White Wet Ground Mica Associa- tion duly certified reports in substance as follows and in such form as mkj hereafter be provided : (a) Wages and Hours. — Returns monthly showing actual hours worked by the various accupational groups of employees, and mini- mum weekly rates of wages. (b) Reports of Production., Stocks, and Orders: Returns sliall be made as received by every member of the industry showing individual orders entered, shipped, and unfilled, with price per pound and F.O.B. point of each. White Wet Ground Mica Association or its successors. New York, N.Y., is hereby constituted the agency to collect and receive such reports. (c) Each member of the industry shall file with the Secretary of the Association a list of every order he has on hand on the effective date of this Code together with price, terms, and F.O.B. point. Part II — Fair Competitive Practices Section 1. Every employer in the industry shall use an accounting system, which conforms to standard and uniform methods of account- ing and to a costing system to be formulated or approved by the Board of Directors of the Association to meet the individual condi- tions of the industry. Sec. 2. No employer in the industry shall sell or exchange any product, material, or service of the industry at a price or upon such terms or conditions that will result in the customer paying for the goods or service received less than the cost to the seller, determined in accordance with the uniform and standard method of costing here- inabove prescribed. Sec. 3. Each member of the industry shall, within ten days of the effective date hereof, file with the Secretary of the Association his current delivered prices and terms of payment, and the Secretary of the Association shall immediately send copies thereof to all known manufacturers of such specified products. Revised delivered prices and/or terms of payment may be filed from time to time thereafter with the Secretary of the Association by any member of the industry, to become effective upon the date specified therein, but such revised delivered prices and/or terms of payment shall be filed with the Secretary of the Association ten days in advance of the effective date, unless the Board of Directors of the Association shall authorize a shorter period. Copies of revised delivered prices and/or terms of payment, with notice of the effective date specified, shall be immedi- ately sent to all known manufacturers of such product, who there- upon may file, if they so desire, revisions of their delivered prices and/or terms of payment, wdiich shall become effective upon the date when the revised delivered prices and/or terms of payment first filed shall go into effect. Sec. 4. No member of the industry shall sell directly or indirectly by any means whatsoever any product of the industry at a lower price or on more favorable terms of payment than his current delivered prices and/or terms of payment. Sec. 5. Prior to the effective date of any and all revised prices and/or terms of payment no member of the industry shall tell, suggest, or intimate to a customer or prospective customer that said member of the industry has or intends to file revised prices and/or terms of payment. Sec. 6. No member of the industry shall accept an order or con- tract for any product of the industry for delivery beyond sixty days from the clay said order or contract was signed. Sec. 7. Every member of the industry shall keep on file with the Secretary of the Association an up-to-date list of all his dis- tributors and/or agents, each one of whom shall sign a written agreement to accept and abide by the preceding Sections 4, 5, and 6 of Part II of this Code. Sec. 8. When a member of the industry sells nonindustry and industry products together to the same customer, he shall not quote a combined lump sum price which is less than the sum of current market prices of the separate products. Sec. 9. No member of the industry shall give or accept secret payment or allowance of rebates, refunds, or unearned discounts, whether in the form of money or otherwise, or extend to certain pur- chasers special services and/or privileges not extended to all purchasers. Sec. 10. No member of the industry shall be a party to com- mercial bribery in any form. Sec. 11. No member of the industry shall engage in any mis- representation — direct or implied. Sec. 12. No member of the industr}' shall make an invoice and/or contract which is a false record of a transaction. Sec. 13. No member of the industry shall induce or attempt to induce the cancellation of an order of the breach of a contract between a competitor and his customer or distributor. Part III — Administration Section 1. (a) White Wet Ground Mica Association is hereby designated the agency for administering, supervising, and promot- ing the performance of the provisions of this Code by the members of the White Wet Ground Mica Industry. (b) White Wet Ground Mica Association, the applicant herein, agrees to accept and be bound by all of the provisions of this Code and/or other regulations established for the industry by the Board of Directors of the Association and approved by the President of the United States. Sec. 2. The Association imposes no inequitable restrictions on admission to membership and every member has but one vote. Sec. 3. To further effectuate the policies of the Act the Board of Directors of the Association shall cooperate with the Federal Ad- ministrator as a planning and fair practice agency for the industry. Such agency, may from time to time, present to the Federal Admin- istrator recommendations based on conditions in the industry as they may develop from time to time which will tend to eifectuate the operation of the provisions of this Code and the policy of the National Industrial Recovery Act. Sec. 4. (a) Any alleged infractions of this Code by members of the industry shall be investigated by the Secretary of the Associa- tion who shall report the facts to the Board of Directors of the Association before any legal action is taken by the Association. (b) Every member of the industry shall, upon request, make any or all of his records pertaining to industry business available to the Secretary of the Association or his representative. Sec. 5. The expense of administering this Code and leasing or purchasing plants capable of producing products of the industry shall be budgeted b}^ the Association. Such expense shall be charged to and paid by each member of the industry every quarter in pro- portion to the value of his shipments, in dollars, of White Wet Ground Mica during the preceding quarter provided that no quar- terly payment hereunder shall be less than $150. Sec. 6. Every member of the industry shall pay to the Association, quarterly upon demand, the assessment determined in accordance with Section 5 of Part III hereof and commencing September 1, 1933. Sec. 7. (a) This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with the provisions of Clause 10 (b) 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 the said Act, and specifi- cally 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. (b) Such of the provisions of this Code as are not required to be included herein by the National Industrial Recovery Act, may, with the approval of the President of the United States, be modified or eliminated by the Board of Directors of the Association as changes in circumstances or experience may indicate. White Wet Ground Mica Association, 522 Fifth Avenue^ New York. Stewart N. Clarkson, Secretary. O