Registry No. 302—1—03 
 
 NATIONAL RECOVERY ADMINISTRATION 
 
 PROPOSED CODE OF FAIR COMPETITION 
 
 FOR THE 
 
 WOODEN PAIL AND TUB 
 INDUSTRY 
 
 AS SUBMITTED ON AUGUST 31, 1933 
 
 UNIV. O^ 
 D0CU5U 
 
 WE DO OUR PART 
 
 I « 11 ' f^ 
 
 J 
 
 U.S. DEPOSITOfHY 
 
 The Code for the Wooden Pail and Tub 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 Uocumcnt«, Washineton, I).C. ........ Price 5 cents 
 
Submitted by 
 
 WOODEN PAIL AND TUB ASSOCIATION 
 (11) 
 
WOODEN PAIL AND TUB INDUSTRY CODE OF FAIR 
 
 COMPETITION 
 
 Article I 
 
 To effect uato tlie policy of Title I of the National Recovery Act 
 duriii*; the period of the einer*;ency by reduciii"^ and relievin<j: unem- 
 ployment, improving the standards oi labor, eliminating competitive 
 practices destructive of the interests of the public, employees, and 
 employers, relieving the disastrous effects of overcapacity, and other- 
 wise rehabilitating the wooden pail and tub industry, and by increas- 
 ing the consumption of industrial and agricultural products by 
 increasing purchasing power, and in other respects, the following 
 provisions are established as a code of fair competition for the 
 wooden pail and tub industry. 
 
 Article II — Definitions 
 
 The term " wooden pail and tub industry " as used herein is defined 
 to mean the manufacture of wooden pails and/or tubs for household 
 or commercial use or for use as containers in industries or for use as 
 containers in commerce. 
 
 The term " effective date " as used herein is defined to mean the 
 first pay-roll period following the approval of this code by the 
 President. 
 
 The term " Employee " as used herein shall include all persons 
 emploj^ed in the conduct of the industry, whether employed directly 
 by the emjDloyers, as hereafter defined, or by contractors who under- 
 take to perform certain manufacturing operations either by the day 
 or on a piecework basis, with the exception of " outside salesmen " 
 and of persons in managerial or executive positions receiving more 
 than Thirty-five Dollars ($35.00) per week. 
 
 The term " Employer " as used herein shall mean all persons, part- 
 nerships, or corporations engaged in the conduct of any branch of 
 the wooden pail and tub industry, as defined above. 
 
 Article III 
 
 Participation in this code and any subsequent revision or extension 
 shall be extended to any person, partnership, or corporation in the 
 wooden pail and tub industry who accej)ts his share of the cost and 
 responsibility, as well as the benefit, by becoming a member of the 
 Wooden Pail and Tub Association. 
 
 AinicLE IV 
 
 This code is not designed to promote monopolies and shall not be 
 availed of for that purpose. The provisions of this code shall not 
 be so interpreted or administered as to eliminate or oppress small 
 ■enterprises or to discriminate against them. 
 
 9695—33 (1) 
 
Article "N" — Hours of Labor 
 
 On and after the effective date hereof, employers in the Wooden 
 Pail and Tub Industry shall not operate on a schedule of hours of 
 labor for their employees in excess of forty (40) hours per week, 
 averaged over a six months' period ; but there shall be no limitation 
 on the number of hours which may be worked in any one day, nor 
 in any one week, provided the average of forty (40) hours per week 
 over the six months' period is not exceeded. 
 
 A sufficient number of employees to provide superintendence^ 
 maintenance, heat, light, power, watching, and shipping shall be 
 exempt from the provisions of this section. 
 
 Article VI — Rate or Wages 
 
 On and after the effective date hereof, the minimum wages to be 
 paid by employers in the Wooden Pail and Tub Industry to any of 
 their employees shall be as follows : 
 
 Adult male labor, 30^' i)er hour. 
 Female and Minor labor, 221/20 per hour. 
 
 The above minimum wages shall not apply to pensioners, who are 
 defined as individuals who, on account of age or physical disability, 
 cannot perform an able-bodied man's work. 
 
 The above minimum wage rates may be revised from time to time 
 in such manner as will currently effect an equitable adjustment to 
 variations in the cost of living; such adjustments to be subject to 
 the approval of the President. 
 
 Article VII 
 
 On and after the effective date hereof, employers shall not employ 
 any minor under sixteen (16) years of age. 
 
 Article VIII 
 
 Participants in this code agree to observe the conditions laid down 
 in Section 7 of the Industrial Recovery Act, to wit : 
 
 (a) Employees in the wooden pail and tub industry shall have 
 the right to organize and bargain collectively through representatives 
 of their own choosing, and shall be free from influence, restraint, 
 or coercion of employers of labor, or their agents, in designation 
 of such representatives or in self -organization or in any other con- 
 certed activities for the purpose of collective bargaining or other 
 mutual protection. 
 
 (b) No employee in the wooden pail and tub industry, and no 
 one seeking employment therein, shall be required as a condition 
 of employment to join any company union or to refrain from join- 
 ing, organizing, or assisting a labor organization of his own choosing. 
 
 It is understood that the foregoing paragraph is not to be so 
 interpreted as to in any way impair the Constitutional rights of 
 the employer and employee to bargain individually or collectively, 
 as may be mutually satisfactory to them; nor does it impair the 
 joint right of an employer and employee to operate an open shop. 
 
Provided furtluT. that nothinor lu'rein is to ho intcrjirctod as \n'v- 
 ventin«r the selection, ri'teiition. and advancement of eni|)h)yees on 
 the basis of their individual merit and Nvithout repaid to (heir allilia- 
 tion or nonafliliation with any labor or<i:anization. 
 
 (c) Employers of labor in the wooden pail and tub industry a^ree 
 to comply with the maximum hours of lal)or, minimum rates of pay, 
 and other working conditions approved of or prescribed by the 
 President. 
 
 Alt'IICI.K IX 
 
 AVhere the cost of executing' contracts, entered into in the wooden 
 pail and tub industi\v prior to the elective (bite of this code, are 
 increased by the ajii)lication of the Xatioiud Industrial Recovery 
 Act to the industry, it is ecpiitable and promotive of the pur})oses 
 of the Act that ai)propriate adjustments of such contracts to reflect' 
 such increased costs be arrived at by arbitrary proceedings, or other- 
 wise, and the Wooden Pail and Tub Association, the applicant 
 for this code, is constituted an agency to assist in effecting such 
 adjustments. 
 
 Article X — Reports 
 
 For the purpose of supph^ing the President and the Administra- 
 tor with requisite data as to the observance and effectiveness of this 
 code, and as to whether the wooden pail and tub industry is taking 
 appropriate steps to enable it intelligently to adjust its hours of 
 labor. Avages, and jjroductive capacity to changing demands of con- 
 sumers, industrial trends, and other conditions in accordance with 
 the declared policy of the National Industrial Recovery Act, each 
 emi)l()yer sliall furnish regular rejiorts as hereinafter i)rovided. 
 
 The Wooden Pail and Tub Association, through its Secretary- 
 Treasurer, Robert P. Hayw^ard, P.O. Box 503, Keene, N.H., is 
 herebj' constituted the agency to provide for the collection and receipt 
 of such reports and for the forwarding of the substance of such 
 reports, the Association to provide for receiving and holding such 
 reports themselves in confidence. 
 
 Such reports sliall be in such form, and shall be furnished at such 
 intervals, as shall be prescribed by the Association, and shall con- 
 tain .such infornuition relevant to tlie i)urposes of this code as shall 
 be prescribed by the Association from time to time, including infor- 
 mation with respect to the following or related subjects: 
 
 1. Employment, hours, wages, and wage rates. 
 
 2. Production, orders, buildings, and stocks (in process or finished) 
 of products manufactured. 
 
 8. Financial and cost data. 
 
 4. Activity, purchase, sales, and scrapping of machinery. 
 
 o. Consumption and stocks of raw materials. 
 
 Article XI — Fair Pr.\ctici:s CoiMnTEE 
 
 To assist in carrying out the provisions of the National Industrial 
 Recovery Act and of this code, and the rules and regidations made 
 pursuant thereto, and for the formation of such further code ])rovi- 
 sions as may be necessary to insure fair competition and effectuate 
 
the provisions of the Act, the Code Committee of this Association, 
 or such successor committee, or committees as may hereafter be con- 
 stituted by action of this Association, together with such persons as 
 may be named by the Administrator, is set up as a planning and 
 fair practice agency for these purjjoses, with the proviso, however, 
 that the persons appointed by the Administrator sliall have no vote, 
 but in all other respects shall be members of such planning and fair 
 practice agency. 
 
 Such agency may from time to time present to the Administrator 
 recommendations based on conditions in the industry as they may 
 develop, which will tend to effectuate the operation of the provisions 
 of this code, and the policy of the National Industrial Recovery Act. 
 
 Article XII — Cost Codes 
 
 Inasmuch as the practice of pricing or selling goods below the 
 actual cost of production and distribution by a minority of the units 
 of an industry is one of the major causes of low wages and general 
 loss to the entire industry, pricing of goods shall be based upon the 
 following rules and regulations : 
 
 1. Prices of all products shall be based upon accurate and known 
 costs, as established by an adequate cost-finding system, which shall 
 be open for inspection at reasonable times by nonmember repre- 
 sentatives of the Association or the Government. The price must 
 include as a minimum the following elements: (1) Materials; (2) 
 Direct Labor; (3) Manufacturing Burden or Factory Overhead; (4) 
 General Administration; (5) Selling Expense; and (6) Reasonable 
 Profit. 
 
 2. It shall be an unfair method of competition for any manufac- 
 turer to sell below reasonable cost plus reasonable profit. 
 
 3. Dropped lines, obsolete or defective ware may be sold at such 
 prices as are found necessary to move them, provided, however, that 
 all such stocks and selling prices must first be reported to the 
 Secretary-Treasurer of this association. 
 
 Article XIII — Merchandising Code 
 
 Inasmuch as the costs of marketing are just as much a part of 
 the price of an article as the manufacturing cost and as successful 
 business is based upon satisfactory relations between buyer and 
 seller and that unfair business methods result in friction and waste, 
 the prices quoted shall be on the basis of an outright sale and subject 
 to the following rules as standards of marketing practice. 
 
 1. Terms of Sale. — Full details of all terms of sale as to date, 
 payment, quantity, price, delivery arrangements, and the like shall 
 be set forth in a written order and shall be strictly adhered to in the 
 execution of the order. 
 
 2. Terms of Payment. — Terms shall be net cash in 30 days from 
 date of invoice or — % discount for cash in 10 days from date of in- 
 voice. No other discounts shall be allowed. 
 
 3. Consigmonents. — Manufacturers shall not ship ware on con- 
 signment nor enter into agreements such as the redating of orders, 
 shipping in excess of order, etc., which violate the principle of an 
 out-and-out sale. 
 
5 
 
 4. Ddirrri/ I'l'dctictx. — Wari' siiall not Ix" ilclivcicil in excess of 
 that actually onlcivd and for which the buyer has contract^Hl to 
 ,pay, nor shall unordered wai'e Ije sent to regular or prospective 
 customers. 
 
 5. Rebates. — Manufacturers shall not grant secret rebates or secret 
 concessions of any form. 
 
 G. Returned Goo<h. — AVare delivered by nniker within time agreed 
 upon and according to specifications of the order shall not be ac- 
 cepted in return by the maker excei)t when a written order is given 
 for its return. 
 
 7. Mi.srei>i'esent((tion. — Misrepresentation of ware on the part of 
 all parties in respect to size, style, finish, substance, and (luality, or 
 the use of false or deceptive, untrue or misleading statements by way 
 of advertising or otherwise, concerning the nature and character of 
 ware on the part of any and all parties concerned are unfair trade 
 practices. 
 
 8. C ommerclal Bribery. — Connnercial bribery in any foiiii such as 
 the giving of gratuities, gifts, or entertainment as a means of influ- 
 encing the placement of orders are condemned as immoi"al and 
 unfair trade practices. 
 
 9. Free Goods. — Delivery of free goods by any method whatsoever 
 is an unfair trade practice. 
 
 10. False Invoices. — False, decei)tive, or incomplete invoicing in 
 any way whatsoever is an unfair trade practice. 
 
 11. Replaeonents. — Replacement shipments to cover ware found 
 to be defective by the buyer, or cash refunds to cover such ware, 
 shall be reported promptly in writing to the Secretary-Treasurer. 
 
 Article XIV — Changes in Code 
 • 
 
 This code and all the provisions thereof are expressly made, subject 
 to the right of the President, in accordance with Section 10 (b) of 
 Title I 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 xVct. 
 
 Such provisions of this code as are not required to l)e included 
 therein by the National Industrial Recovery Act may, with the ap- 
 proval of the President, be modified or eliminated in such manner 
 as may be indicated by the needs of the public, by changes in ciicum- 
 stances, or by experience. 
 
 All the provisions of this code, unless so modified or eliminated, 
 shall remain in effect until the expiration date of Title I of the Na- 
 tional Recovery Act. 
 
 In order to enable the industry to conduct its oixMations subject 
 to the provisions of this code, to estal)lish fail' trade |)i-actic<'s within 
 the industiT and with those dealing witli the industry, and otherwise 
 to effectuate the i)Ui-j)oses of Title I of the National Industrial Re- 
 covery Act, supplementary i)rovisions of this code or additional codes 
 may be submitted from time to time for the approval of the President. 
 
 If any provision of this code is declared invalid or unenforceable, 
 the remaining provisions thereof shall nevertheless continue in full 
 force and effect as if they had been sepai'ateiy presente<l foi- ai)pr()val 
 and approved by the President. 
 
 o 
 
UNIVERSITY OF FLORIDA 
 
 3 1262 08856 0650