Registry No. 1405 — 04 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE COMMERCIAL VEHICLE BODY MANUFACTURING INDUSTRY AS SUBMITTED ON AUGUST 31, 1933 UNIV. OF Ft lis: „ WE DO OUR PART .... 1 U.S. DEPOSITORY The Code for the Commercial Vehicle Body Manufacturing 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 Submitted by THE NATIONAL ASSOCIATION OF COMMERCIAL VEHICLE BODY MANUFACTURERS, INC. (ID THE NATIONAL ASSOCIATION OF COMMERCIAL VEHICLE BODY MANUFACTURERS, INC., CODE OF FAIR COMPE- TITION (Recommended) (Substitute for code filed July 28, 1933) FOR THE COMMERCIAL VEHICLE BODY INDUSTRY To comply with the full intent of the policy of Title I, of the National Industrial Recovery Act, the following provisions are es- tablished as a Code of Fair Competition for the Wagon and Auto- mobile Truck Body Industry, to be administered by " The National Association of Commercial Vehicle Body Manufacturers, Inc.", sub- ject at all times to the approval of the Administration. 1. Definitions. — The term " National Association " as hereinafter referred to shall be defined to mean " The National Association of Commercial Vehicle Body Manufacturers, Inc." The term " wagon and automobile truck body industry ", hereafter referred to as the Commercial Vehicle Body Industry as used herein, is defined to mean the manufacture or distribution of horse-drawn vehicles, commercial automobile and motor truck bodies, trailers, semitrailers, trailer bodies, dump bodies, truck tank bodies, taxicab bodies, cabs, bus bodies, for all transportation and for processing in transport, materials of all kinds, and in the case of buses, for the transport of the public or school children; and also the repair and servicing of this class of equipment, including pleasure car bodies, ambulance, and hearse bodies. The term " employees " as used herein shall include all persons employed in the conduct of such operations. The term " productive machinery " as used herein is defined to mean metal, wood, and fabric working machinery, cutting and weld- ing equipment, paint spraying equipment and all other equipment to be found in the average Vehicle Body Plant. The term " effective date " as used herein is defined to be August 31, 1933, or if this code shall not have been approved by the President two weeks prior thereto, then the second Monday after such approval. The term " persons " shall include natural persons, partnerships, corporations, and associations. 2. On and after the effective date, the minimum wage that shall be paid by employers in the Commercial Vehicle Body Industry to any of their employees, except apprentices who. if any, shall be employed on production labor only, at a ratio of one to twenty, at such rates with progressive increases as shall be ruled by the Board of Directors of the National Association, subject to the approval of the Administration — shall be at the rate of 40 cents per hour except in North Carolina, South Carolina, Georgia, Alabama, Florida, Ten- 9682—33 (1) nessee, Louisiana, Mississippi, Arkansas, Texas Oklahoma, in which states the minimum rate shall be 37 ^ cents per hour. To male factory employees over 16 years of age and less than 21 years of age and female factory employees of any age over 16 years, a differential of 5 cents per hour below the respective hourly rates above mentioned shall prevail. Employees who have attained the age of 60 years and who do nonproductive work only, shall be exempted from the pro- visions of this code. 3. On and after effective date at the discretion of the Board of Directors of " The National Association of Commercial Vehicle Body Manufacturers, Inc." there shall be made, on appeal of three or more firms interested, whether members or not, a study of wage scales obtaining in certain sections of the country, and, if found to be the best interest of fair competition and to effectuate Title I, of the National Industrial Recovery Act, the directors shall set up regional districts covering cities or places adjacent, in which the minimum scale of wages for like classifications of artisans shall be made uniform, subject always to the approval of the Administration. 4. On and after effective date, employers in the Commercial Vehicle Body Industry shall not operate on a schedule of hours of labor for their employees (except nonproductive workers such as repair shop crews, engineers, electricians, power-plant firemen, and outside crews, who shall be permitted to work 56 hours per week at no less than a minimum of 40 cents per hour and also except heat- ing plant firemen and watchmen who shall be permitted to work 60 hours per week at no less than a minimum of 40 cents per hour) in excess of 40 hours per week and they shall not operate productive machinery or plants in the Commercial Vehicle Body Industry for more than 80 hours per week. 5. On and after the effective date, employers in the Commercial Vehicle Body Industry shall not employ any minor under the age of sixteen years. 6. On and after the effective date, employers in the Commercial Vehicle Body Industry shall not work any accounting, banking, cleri- cal, office, service, or sales employees (except outside salesmen) for more than 44 hours per week nor to pay any of the classes in this paragraph less than $14.00 per week, regardless of the population in which the Commercial Vehicle Body Plant or its sales and service branches may be located. 7. On and after the effective date and until all existing Commercial Vehicle Body Plants are running to full capacity, there be no new Commercial Vehicle Body Plants or businesses founded, formed or established, except by special permit by the Administration. 8. On and after effective date, but one owner or partner of a Commercial Vehicle Body Plant be permitted to engage in produc- tive work and then only for forty hours per week, except that other owners or partners of the same organization specified in this para- graph may be permitted to engage in sales outside or clerical work. 9. On and after effective date, any plant or firm furnishing labor or material for one or more of the specific manufacturing operations of the Commercial Vehicle Body Industry, whether for other Com- mercial Vehicle Body Plants or retail users of Commercial Vehicle Bodies, shall be subject to the Code of which this paragraph is a part or shall operate under other Approved Codes of Federal License, without exception. 10. On an after effective date, all lines of Business operating their own commercial body building shops for new bodies or repair work of any kind on Commercial Vehicle Bodies, including painting, trimming, etc., shall be governed by all conditions approved in the case of the Commercial Vehicle Body Building Industry. 11. On and after effective date, no manufacturer of Commercial Vehicle Bodies shall make any sale thereof, or make repairs thereto, or render service thereon at less than 5 percent above cost, except in cases of warranty and in cases where bodies and component parts thereof become obsolete because of dimension and appearance change, may be sold at distress price, provided, however, that such sales shall not in any one year exceed 15 percent by unit volume of the total sales of the company affected. Should there be a surplus of obsolete Bodies and component parts now on hand exceeding 15 percent, such information shall be submitted to the Board of Directors for per- mission to liquidate these Bodies and parts as soon as possible and at the best prices obtainable. 12. On and after effective date, under the direction and auspices of the National Association, a uniform method of cost finding shall be determined by proper functionaries appointed or elected by the Na- tional Association and shall be used as a basis of establishing fair competitive prices. 13. On and after effective date, the National Association shall create Boards and Committees to arrange the filing, by all Commer- cial Vehicle Body Manufacturers, of data and statistical reports when found to the best interest of the full support of the National Industrial Recovery Act. 14. On and after effective date, no employee skilled in the arts re- quired b} 7 the Commercial Vehicle Body Industry shall be permitted to work more than forty hours per week in any one or a combination of plants. 15. Employers in the Commercial Vehicle Body Industry shall comply with the requirements of the National Industrial Recovery Act as follows : (1) " That employees shall have the right to organize and bargain collectively, through representatives of their own choos- ing, and shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such rep- resentatives or in self-organization, or in other concerted activities for the purpose of collective bargaining or other mutual aid for pro- tection; (2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union, or to refrain from joining, organizing, or assisting a labor organiza- tion of his own choosing; and (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and other condi- tions of emplo3mient, approved or prescribed by the President; (4) in accordance with the foregoing provisions, the employers in the Commercial Vehicle Body Industry propose to continue the open shop policy heretofore followed and under which unusual satisfac- tory and harmonious relations with employees have been maintained ; (5) the selection, retention, and advancement of employees will be on the basis of individual merit without regard to their affiliation or nonaffiliation with any labor or other organizations. 4 16. This code and all the provisions thereof are expressly made subject to the right of the President in accordance with the provision of Clause 10 (b) of the National Industrial Recovery Act, from time to time cancel or modify any order, approval, license, rule, or regula- tion, issued under Title I, of said Act, and specifically 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. 17. Such of the provisions of this Code as are not required to be included therein by the National Industrial Recovery Act, may, with the approval of the President, be modified or eliminated as changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code or addi- tional codes will be submitted for the approval of the President to prevent unfair competition in price and other unfair and destructive competitive practices and to effectuate the other purposes and policies of Title I, of the National Industrial Recovery Act, consistent with the provisions hereof. o UNIVERSITY OF FLORIDA 3 1262 08855 5544