i/ Registry No. 302—1—02 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE COOPERAGE INDUSTRY AS SUBMITTED ON AUGUST 29, 1933 UNIV. QFFLUi. v U.S. DEPOSITORY OUR PART The Code for the Cooperage 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. ........ Price 5 cents TENTATIVE CODE OF FAIR COMPETITION FOR THE COOPERAGE INDUSTRY PROPOSED BY THE ASSOCI- ATED COOPERAGE INDUSTRIES OF AMERICA Article I It is hereby declared to be the purpose of the Cooperage Industry to eliminate unfair competitive and unfair trade practices within the industry, to increase purchasing power and improve standards of labor, to induce and maintain united action between labor and management under governmental supervision, and in general to promote and protect the welfare of this industry in accord with Title I of the National Industrial Recovery Act. Article II — Organization The Executive Committee of The Associated Cooperage Indus- tries of America shall constitute the Executive Authority in the administration and enforcement of this Code. It shall be the gen- eral planning and coordinating agency for the industry, shall se- cure adherence hereto, hear and adjust complaints, consider pro- posals for amendments hereof and exceptions hereto, and otherwise carry out the purposes of this Code as set forth in the Act, includ- ing the making and enforcement of rules and regulations not in- consistent with the provisions hereof. The industry shall be divided into Divisions as set forth below, and into such other Divisions or Classes as may hereafter be deter- mined by the Executive Committee. The Executive Committee shall appoint appropriate Code Committees or other agencies in each Division for the administration of this Code within such Di- vision; may delegate to such agencies all necessary power and au- thority for the administration of this Code within such Class or Division, including the adoption of divisional and subdivisional Code provisions not inconsistent with this Code; but said Executive Committee shall reserve and retain generally the power and duty to enforce the provisions of this Code. Article III — Membership The word " persons " as used herein includes any individual, firm, partnership, association, or corporation. Membership in The As- sociated Cooperage Industries of America shall be upon terms of equality to all persons engaged in any branch of the sooperage industry, including distributors and dealers in both new and second- hand cooperage and cooperage stock. All persons subject to the jurisdiction of this Code shall from time to time as required make in confidence to the party empowered to receive same, such reports on wages, hours of labor, conditions 8976—33 (1) of employment, number of employees, production, shipments, -ales, stocks, prices, and other data pertinent to the purposes of this Code, shall permit inspection of pertinent records, and shall from time to time, upon demand, pay to this Association its proportionate share of the amounts necessary to defray all expenses incurred in effec- tuating within the industry the purposes and reqnirements of the National Industrial Recovery Act. Article IV — Divisions Divisions of the industry are hereby established as follows: (1) Slack Barrel and Keg Division. (2) Slack Stave, Heading and Hoop Division. (3) Tight Barrel and Keg Division. (4) Tight Stave. Heading and Hoop Division. (5) Beer Stave, Heading and Cooperage Division. (6) Fir Stave, Heading and Cooperage Division. (7) White Pine Stave, Heading and Cooperage Division. Article V — Labor Provisions (a) No person under 16 years of age shall be employed or per- mitted to work in this industry. (b) Employees of persons subject to the jurisdiction of this Code shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the in- terference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organi- zation or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. (c) No employee of persons subject to the jurisdiction of this Code, and no one seeking employment from such persons, shall be required as a condition of employment to join airy company union or to refrain from joining, organizing, or assisting a labor organi- zation of his own choosing. (d) Persons subject to the jurisdiction of this Code agree to com- ply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or prescribed by the President pursuant to the provisions of the National Industrial Recovery Act. (e) It is clearly understood that nothing in this Code shall im- pair any Constitutional rights of the employee and employer, in- cluding the right to bargain individually or collectively as may be mutually satisfactory to them; nor impair the joint right of em- ployee and employer to operate an open shop, such right and shop being considered as conforming to the following statement by Administrator H. S. Johnson: '"An open shop is a place where any man who is competent and whose services are desired will be employed, regardless of whether or not he belongs to a union. That is exactly what this law says. The statute cannot be qualified. The law clearly states that there shall not be any requirement as to whether or not a man belongs to a union." (f) Nothing in this Code shall be construed to interfere with or prevent the selection, retention, and advancement of employees on the basis of their individual merit, without regard to their affilia- tion or nonaffiliation with any labor organization. (g) Nothing in this Code shall authorize any change in the maxi- mum hours of labor, minimum rates of pay, or other conditions of employment specified in this Code, without the agreement of a truly representative association or group of the trade or industry, or sub- division thereof, to which this Code applies. Article VI — Hours of Labor The maximum hours of labor of employees subject to the juris- diction of this Code shall be forty (40) hours a week in the manu- facture, recoopering, repairing and distribution of cooperage, and forty-eight (48) hours a week in the production of staves, heading, and hoops, subject to the following exceptions : 1. The provisions herein shall not apply to watchmen, firemen, outside salesmen, repair and maintenance, transportation and ship- ping employees, those employed solely in executive or supervisory work, and temporary employment in cases of emergency. 2. Seasonal employment in excess of the standards herein where operations are necessarily limited by climatic or other physical fac- tors to less than 12 months in each year. 3. Farmers and other persons producing by their own manual labor and selling their products to members hereof. 4. Work on cooperage required for export trade, for packing house, dairy, agricultural, and all perishable food products, and also for beer and whiskey. Article VII — Minimum Wages The minimum wages for common labor which shall be paid by persons subject to the jurisdiction of this Code shall be as follows : (1) In all cooperage shops, thirty (30$) cents per hour, subject to the following exceptions : (a) for boys between 16 and 18 years of age it shall be twenty (20^) cents per hour; (b) in the manufacture of potato and apple barrels it shall be twenty (200) cents per hour. (2) In mills producing staves, heading, and hoops for cooperage, twenty (200) cents per hour. These minimum rates of pay are guaranteed regardless of whether the employee is compensated on the basis of a time-rate or piecework performance, and semiskilled and skilled labor shall be compensated at wage rates equitably higher than common labor. Article VIII — Selling Prices The sale of any product by a member of the industry at less than his cost of production or replacement cost, including the cost of all materials or elements recognized in accounting for Federal income- tax returns, is hereby declared to be an unfair trade practice; pro- vided, however, that in exceptional cases or for exceptional reasons permission may in its discretion be given by the Executive Com- mittee to make such sales at less than such cost, in which event members shall receive the refusal of purchasing at such less than cost prices. Article IX — Cancellation or Modification This Code or any of its provisions shall be cancelled or modified and any approved rule issued hereunder shall be ineffective to the extent necessary to conform to any action by the President under Section 10 (b) of the National Industrial Recovery Act in cancella- tion or modification of any order, approval, license, rule or regula- tion pertaining thereto. Article X — Monopolies (a) This Code is not designed to promote monopolies and shall not be availed of for that purpose. (b) The provisions of this Code shall not be so interpreted or administered as to eliminate or oppress small enterprises or to discriminate against them. Article XI — Violations Violation by an} 7 persons subject to the provisions of this Code or any provision of this Code, or of any approved rule issued here- under, is an unfair method of competition, and the offender shall be subject to the penalties imposed by the National Industrial Recovery Act. Article XII — Effective Date This Code and amendments thereto shall be in effect beginning ten days after its approval by the President. o UNIVERSITY OF FLORIDA 3 1262 08582 9868