V Approved Code No. 83 — Supplement No. 1 Registry No. 623—05 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PACIFIC COAST SECTION OF THE SOAP AND GLYCERINE MANUFACTURING INDUSTRY (A Division of the Soap and Glycerine Manufacturing Industry) AS APPROVED ON JUNE 29, 1934 WE DO OUR PART UNIV. Of FL Lit. DOCUMCHTl DEPT. i A M C ~ U.S. BEPOWTOKY JNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y. : Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. 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Approved Code No. 83 — Supplement No. 1 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PACIFIC COAST SECTION OF THE SOAP AND GLYCERINE MANUFACTURING INDUSTRY As Approved on June 29, 1934 ORDER Approving Supplementary Code of Fair Competition for the Pacific Coast Section of the Soap and Glycerine Manufactur- ing Industry a division of the soap and glycerine manufacturing 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, and pursuant to and in com- pliance with Section C of Article VI of the Code of Fair Competi- tion for the Soap and Glycerine Manufacturing Industry, approved on November 2, 1933, for approval of a Supplementary Code of Fair Competition for the Pacific Coast Section of the Soap and Glycerine Manufacturing Industry, and hearings having been duly held thereon and the annexed report on said Supplementary Code containing find- ings 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 Presi- dent, 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 Supplementary 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 Supplementary Code be, and it is hereby approved; and that the previous approval of said Code of Fair Competition for th£ Soap and Glycerine Manufacturing Industry is hereby modified to include an approval of said Code as supplemented by said Supplementary Code. Hugh S. Johnson, Administrator for Industrial Recovery. Approval Recommended : Geo. L. Berry, Divis ion A dmiiiistra tor. "Washington, D.C., June 29, 1934. 71309° S29-1 Si (1) REPORT TO THE PRESIDENT The President, The White House. Sir: This is a report on the Supplementary Code of Fair Com- petition for the Pacific Coast Section of the Soap and Glycerine Manufacturing Industry, the hearing having been duly conducted thereon in San Francisco, California, December 7, 1933, in accord- ance with the provisions o,f Title I of the National Industrial Re- covery Act. General Statement The Pacfic Coast Section of the Soap and Glycerine Manufactur- ing Industry as represented by the Pacific Coast Association of Soap Manufacturers, being truly representative of this Division of the Soap and Glycerine Manufacturing Industry, has elected to avail itself of the option of submitting a Supplementary Code of Fair Competition as provided for in Article VI, Sections C and D of the Basic Code for the Soap and Glycerine Manufacturing Industry approved by you on the second day of November, 1933. Resume or the Code LABOR PROVISIONS Article III states — "All provisions of the Basic Code of the Soap and Glycerine Manufacturing Industry, as approved by the President, are hereby incorporated by reference as though completely set forth herein and as may hereafter be amended or modified." Inasmuch as the Basic Code for the Soap and Glycerine Manufac- turing Industry, of which the Pacific Coast Section of the Soap and Glycerine Manufacturing Industry is a division, contains the labor provisions, and as one of the principal objects in having a basic code for the Soap and Glycerine Manufacturing Industry was to furnish a master code for the entire Industry which covered wages and hours for all soap and glycerine products, the labor provisions specified in the Basic Code for the Soap and Glycerine Manufactur- ing Industry are those applying to this Division of the Soap and Glycerine Manufacturing Industry. The Basic Code of Fair Competition for the Soap and Glycerine Manufacturing Industry provides in Article VIII. Section -. that within each state, members of the Industry shall comply with any laws of such state imposing more stringent requirements regulating the age of employees, wages, hours of work, or health, fire, or general working conditions, than under the Code. (2) OTHER PROVISIONS Article IV establishes a supplementary Code Authority to be known as the Pacific Coast Planning and Fair Practice Agency, con- sisting of the thirteen members of the Board of Directors of the Pacific Coast Association of Soap Manufacturers and not more than three members without vote to be appointed by the Administrator. Article V provides that trade customs or unfair practices may be submitted as amendments to this Code and when approved by the Administrator, after such hearing as he may prescribe, shall become a part of this Code and shall have the same force and effect as if incorporated in this Code. findings The Deputy Administrator in his final report to me on said Sup- plementary Code having found as herein set forth and on the basis of all the proceedings in this matter: I find that: (a) Said Supplementary Code and the Code of Fair Competition for the Soap and Glycerine Manufacturing Industry as supple- mented by said Supplementary Code are well designed to promote the policies and purposes of Title I of the National 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 pro- moting 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 con- sumption of industrial and agricultural products through increas- ing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating Industry. (b) Said Industry normally employs not more than 50,000 em- ployees; and is not classified by me as a major Industry. (c) Said Supplementary Code and the Code of Fair Competition for the Soap and Glycerine Manufacturing Industry as supple- mented by said Supplementary Code comply in all respects with the pertinent provisions of said Title of said Act, including without lim- itation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the applicant Asso- ciation is an Industrial Association truly representative of the afore- said Industry; and that said Association imposes no inequitable restrictions on admission to membership therein. (d) Said Supplementary Code and the Code of Fair Competition for the Soap and Glycerine Manufacturing Industry as supple- mented by said Supplementary Code are not designed to and will not permit monopolies or monopolistic practices. (e) Said Supplementary Code and the Code of Fair Competition for the Soap and Glycerine Manufacturing Industry as supple- mented by said Supplementary Code are not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f ) 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. For these reasons, therefore, this Code has been approved. Respectfully, Hugh S. Johnson, A dminis trator. June 29, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE PACIFIC COAST SECTION OF THE SOAP AND GLYCERINE MANUFACTURING INDUSTRY A DIVISION OF THE SOAP AND GLYCERINE MANUFACTURING INDUSTRY Article I — Purposes To further effectuate the policies of Title I of the National Indus- trial Recovery Act the following provisions are established as a Code of Fair Competition for the Pacific Coast Section of the Soap and Glycerine Manufacturing Industry, supplemental to the Code of Fair Competition for the Soap and Glycerine Manufacturing Indus- try and upon approval by the President shall be, in conjunction with the Basic Code of the Soap and Glycerine Manufacturing Industry, the standard of fair competition for this Section of the Soap and Glycerine Manufacturing Industry and shall be binding on every member thereof. Article II — Definitions The term " member of the industry " includes all manufacturers of the products of this industry, as defined in the Basic Code, who have plants or factories located in the states of California, Oregon, Washington, Montana, Idaho, Utah, Nevada, and Arizona. The term " Basic Code " means the Basic Code of the Soap and Glvcerine Manufacturing Industry as approved by the President on November 2, 1933. The term " This Section " or " Pacific Coast Section " means the geographic Section of the United States known as the Pacific Coast and comprising the states of California, Oregon, Washington, Mon- tana, Utah, Idaho, Nevada, and Arizona. The term " Code Authority " means the Code Authority of the Basic Code of the Soap and Glycerine Manufacturing Industry as approved by the President on November 2, 1933. The term " Pacific Coast Association of Soap Manufacturers " means the Pacific Coast Association of Soap Manufacturers, a volun- tary association formed for the purpose of submitting this Sup- plementary Code. Any manufacturer of soap, soap products, or glycerine, operating in the states of California, Oregon, Washington, Montana, Idaho, Utah, Nevada, and Arizona, is eligible to membership. All definitions contained in Article II of the Basic Code shall apply also to this Supplementary Code. (5) Article III — Subordination A. This Supplementary Code is subordinate to the Basic Code and is submitted pursuant to the provisions of Paragraphs C and D of Article VI of the Basic Code. B. All provisions of the Basic Code of the Soap and Glycerine Manufacturing Industry, as approved by the President, are hereby incorporated by reference as though completely set forth herein and as may hereafter be amended or modified. Article IV — Administration A. Organization of Planning and Fair Practice Agency. 1. To further effectuate the policy of the Act, there is hereby created the Pacific Coast Planning and Fair Practice Agency, here- inafter referred to as the Agency, which shall consist of the thirteen members of the Board of Directors of the Pacific Coast Association of Soap Manufacturers. The Administrator may appoint not to exceed three additional members without vote on such Planning and Fair Practice Agency. 2. The Planning and Fair Practice Agency shall be divided into two committees. One of these committees shall consist of the eleven directors representative of the Soda Soap Manufacturers and the other shall consist of the two directors representative of the Potash Soap Manufacturers. The Planning and Fair Practice Agency may also appoint from its membership other committees, when necessary, to represent other product divisions of the Industry. 3. Members of the Industry shall be entitled to participate in the selection of the members of the Planning and Fair Practice Agency by becoming members of the Pacific Coast Association of Soap Manufacturers and/or share the benefits of the activities thereof by assenting to, and complying with the requirements of this Code. Members of the Industry shall sustain their proportionate share of the expenses of its administration. Such reasonable share of the expenses of administration shall be determined by the Planning and Fair Practice Agency, subject to the approval of the Administrator, on the basis of volume of business and/or such other factors as may be deemed equitable. 4. Nothing contained in this Code shall constitute the members of the Planning and Fair Practice Agency partners for any purpose. Nor shall any member of the Planning and Fair Practice Agency be liable in any manner to anyone for any act of any other member, officer, agent or employee of the Planning and Fair Practice Agency. Nor shall any member of the Planning and Fair Practice Agency exercising reasonable diligence in the conduct of his duties here- under, be liable to anyone for any action or omission to act under this Code, except for his own wilful misfeasance or non-feasance. 5. In order that the Planning and Fair Practice Agency shall at all times be truly representative of the Section and in other respects comply with the provisions of the Act, the Administrator may pre- scribe such hearings as he may deem proper; and thereafter it he shall find that the Planning and Fair Practice Agency is not truly representative or does not in other respects comply with the provi- sions of the Act, he may make an appropriate modification or modifi- cations in the method of selection of the Planning and Fair Practice Agency. 6. Each trade or industrial association directly or indirectly par- ticipating in the selection or activities of the Planning and Fair Practice Agency shall (1) impose no inequitable restrictions on ad- mission to membership, and (2) submit to the Administrator true copies of its articles of association, by-laws, regulations, and any amendments when made thereto, together with such other informa- tion as to membership, organization, and activities as the Adminis- trator may deem necessary to effectuate the purposes of the Act. B. The Planning and Fair Practice Agency shall have the follow- ing duties and powers : 1. The Planning and Fair Practice Agency is charged generally with the administration of this Supplementary Code in this Section and shall have such other powers and duties as are prescribed herein or in the Basic Code and/or any other powers that may be necessary for the proper administration of this Supplementary Code. 2. The Planning and Fair Practice Agency shall cooperate with and assist the Code Authority, in administering the Basic Code in this Section. 3. Upon receipt of recommendations from any Product Sub-Divi- sion Committee, the Planning and Fair Practice Agency shall, through the Code Authority, apply to the x\.dministrator for the requested supplementary amendments or modifications of this Supplementary Code. 4. On matters pertaining to the Industry in general in this Section, upon request of the majority of members, the Planning and Fair Practice Agency shall study trade practices, costs, labor, wages, hours, etc. or any other problem or difficulty directly affecting the whole Industry and shall, through the Code Authority, apply to the Administrator for any necessary amendments or modifications of this Supplementary Code. 5. No amendments or modifications to this Supplementary Code shall be submitted to the Administrator by the Planning and Fair Practice Agency without first having been submitted to all the mem- bers of the Industry manufacturing the products to which said amendments or modifications may apply and without having been approved by a vote of said members. 6. All amendments or modifications to this Supplementary Code when approved by the Administrator, after such hearing as he may prescribe, shall become a part of this Code and have full force and effect in this Section as provisions hereof. 7. If the Administrator shall determine that any action of the Planning and Fair Practice Agency or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further considera- tion by such Planning and Fair Practice Agency or agency pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with such action in its original or modified form. Article V — Trade Customs and Unfair Practices Trade Customs or Unfair Practices may be submitted as amend- ments to this Code and when approved by the Administrator, after such hearing as he may prescribe, shall become a part of this Code and shall have the same force and effect as if incorporated in this Code. Article VI — Effective Date This Supplementary Code shall become effective on the second Monday after its approval by the President. Approved Code No. 83 — Supplement No. 1. Registry No. G23-05. O UNIVERSITY OF FLORIDA 3 1262 08850 4872