s Registry No. 1611—01 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE MEAT PACKING AND ALLIED PRODUCTS MACHINERY AND EQUIPMENT INDUSTRY AS SUBMITTED ON SEPTEMBER 1, 1933 UNIV. OF FLLIi u.s. depowtoky The Code for the Meat Packing and Allied Products Machinery and Equipment 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 MEAT PACKING AND ALLIED PRODUCTS MACHINERY AND EQUIPMENT ASSOCIATION (II) PROPOSED CODE OF FAIR COMPETITION FOR THE MEAT PACKING AND ALLIED PRODUCTS MACHINERY AND EQUIPMENT INDUSTRY Purpose To effectuate the policy of Title 1 of the National Industrial Re- covery Act, the following provisions are established as a Code of fair competition governing the Meat Packing and Allied Products Machinery and Equipment Industry. Article I — Definitions The following terms as used herein, unless otherwise clearly indi- cated by the context, are defined to have meaning respectively as follows : " The Association " means the Meat Packing and Allied Products Machinery and Equipment Association. " Person " means a natural person, a partnership, or a corporation. " Employer " means any person actively engaged in the manufac- ture and/or sale of machinery and equipment for slaughtering, cut- ting, and processing livestock including beef, hogs, horses, sheep, poultry, etc., for the curing, smoking, and processing of meat prod- ucts; also the Machinery and Equipment for rendering and process- ing dead stock, bones, hides, garbage, etc. This Machinery and Equipment includes conveyors, trucks for transporting such prod- ucts within plants. " Employee " means any one who is employed by any such employer. "The Act" means the National Industrial Recovery Act. "The President " means the President of the United States or his duly authorized agent. " The Industry " means that combination of persons engaged in the manufacture and/or sale of machinery and equipment for slaughtering, cutting, and processing livestock, including beef, hogs, horses, sheep, poultry, etc., for the curing, smoking, and processing of meat products; also the machinery and equipment for rendering and processing dead stock bones, hides, garbage, etc. This ma- chinery and equipment includes conveyors, trucks for transporting such products within plants. Article II — Effective Date This Code shall become effective and binding on all persons en- gaged in the Industry on the eleventh day after its approval by the President. 9948—33 (1) Article III — Labor Section 1. (a) Employees in the Industry shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from interference, restraint, or coer- cion of employers of labor, or their agents, in the designation of such representatives, or in self-organization, or in other concerted activ- ities for the purpose of collective bargaining, or other mutual aid or protection. No employee in the Industry, and no one seeking employment therein, shall be required, as a condition of employment, to join any company union, or to refrain from joining a labor organ- ization of his own choosing. Employers of labor in this Industry shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment approved or prescribed by the President. Section 1. (b) 1. It is clearly understood that nothing in this Code shall impair in any particular the Constitutional rights of the employer to protect his business and property from the unlawful activities of others. 2. It is clearly understood that nothing in this Code shall impair in any particular the Constitutional rights of employee and the em- ployer to bargain individually or collectively as may be mutually satisfactory to them, nor impair the joint right of employee and employer to operate on an open-shop basis. 3. Nothing in this code is to prevent the selection, retention, elim- ination, and advancement of employees on the basis of their indi- vidual merit without regard to their affiliation or nonaffiliation with any labor organization. Sec. 2. (a) The employees of the Industry, including clerical forces, but excepting executives, maintenance men, and watchmen, shall work an average of not more than 40 hours per week nor 8 hours in any one day. Because of the exigencies of the Industry, caused by peak periods in the Packing Industry, it is necessary to work employees more than 40 hours per week on occasion. For this purpose it shall be permissible to work emplyees 48 hours per week for not more than an 8-week period in any one year, and an addi- tional 48 hours a week with a 10% tolerance for not more than 8 additional weeks in any one calendar year. Time and one third shall be paid for all hours worked in excess of the above minimums. (b) The minimum hourly rate for employees shall be forty cents per hour. As to learners, for the first consecutive eight weeks of their employment they may be employed at a lower wage but in no case less than 80 percent of the minimum stated above. Learners shall not exceed five percent of all labor employed by any one employee. (c) The rates for skilled labor shall bear a fair relation to the foregoing, giving due consideration to the experience and skill of the employees affected and to the prevailing scale for similar work in the locality of the employment, but nothing shall be done which might tend to set a maximum as well as a minimum wage. (d) In order that the President of the United States may be informed as to the observance or nonobservance of this Code and as to whether the Industry is taking appropriate steps to effectuate the declared policy of the Industrial Recovery Act, each person engaged in any phase of the Industry will furnish to the Executive Board of the Association duly certified reports every six months showing the actual hours worked by the various occupational groups of employees and the minimum rates of wages in such form as may be hereafter provided. (e) On and after the effective date, employers shall not emploj 7 any person under the age of 16 years. (f) Nothing in this article shall apply to any employee who by reason of physical disability or infirmity, is competent for only light employment. Article IV — Administration", Code Reports, and Fees Meat Packing and Allied Products Machinery and Equipment Association of One Park Avenue, New York, New York, through its Executive Board, is hereby designated the agency to assist the Administrator of the Act in administering, supervising, and promot- ing the performance of the provisions of this Code by the members of the Industry. Any employer may participate in this Code and in any revisions or additions thereto and receive the benefits thereof by accepting the proper pro rata share of the cost and responsibility of creating and administering it, either by becoming a member of the Associa- tion or by paying to it an amount equal to the dues and assessments from time to time provided to be paid by a member in like situation of the Association to cover cost of administering, supervising, and promoting the performance of the provisions of this Code. With a view to keeping the President of the United States and the Administrator informed as to the observance or nonobservance of this Code, and as to whether the Industry is taking appropriate steps to effectuate in all respects the declared policy of the Act, each employer shall prepare and file with the Secretary of the Association at such times and in such manner as may be prescribed, statistics of number of people employed, their wage rates, earnings, hours of work, and such other data or information as may from time to time be required. Except as otherwise provided in the Act all statistical data filed shall be confidential and the data of one employer shall not be re- vealed to any other employer except for the purpose of administer- ing or enforcing the provisions of this Code. The Executive Board of the Association, through the Executive Secretary of the Associa- tion, shall have access to any and all statistical data that may be furnished in accordance with the provisions of this Code. All members of the Executive Board of the Association shall serve without pay except the Executive Secretary who shall be suitably reimbursed for services, but all members of the Executive Board shall have their actual and reasonable expense defrayed by the Asso- ciation, while on business of this Code. Provision shall also be made for membership or other representa- tion on the Executive Board of the Association, of a representative of the Administrator of the Act. The Executive Board with the approval of the Administrator shall issue and enforce such rules, regulations, and interpretations, impose upon persons subject to the jurisdiction of this Code, such restric- tions, and designate such agents, and delegate such authority to them as may be necessary to effectuate the purpose and enforce the pro- visions of this Code. Article V — Price Lists (a) If and when the Executive Board determines that in any branch or subdivision of the Industry it has been the generally recog- nized practice to sell a specified product on the basis of printed net price lists, or price lists with discount sheets, and fixed terms of pay- ment, each manufacturer of such product shall, within ten (10) days after notice of such determination, file with the Executive Board a net price list, or a price list and discount sheet, as the case may be, individually prepared by him showing his current prices, or prices and discounts, and terms of payment, and the Executive Board shall immediately send copies thereof to all known manufacturers of such specified products. Revised price lists with or without discount sheets may be filed from time to time thereafter with the Executive Board by any manufacturer of such product, to become effective upon a date specified by the Executive Board, and copies thereof with notice of the effective date specified shall be immediately sent to all known manufacturers of such product, any of whom may file, if he so desires, revisions of his price list and/or discount sheets, which shall become effective upon the date when the revised price list or discount sheet first filed shall go into effect. (b) If and when the Executive Board shall determine that in any branch or subdivision of the Industry not now selling its prod- uct on the basis of price lists, with or without discount sheets, with fixed terms of payment, the distribution or marketing conditions in said branch or subdivision are the same as or similar to the dis- tribution or marketing conditions in a branch or subdivision of the Industry where the use of price lists, with or without discount sheets, is well recognized, and that a system of selling on net price lists or price lists and discount sheets with fixed terms of payment should be put into effect in such branch or subdivision, then each manufac- turer of the product or products of such branch or subdivision shall, v within twenty (20) days after notice of such determination, file with the Executive Board net price lists or price lists and discount sheets containing fixed terms of payment, showing his prices and dis- counts and terms of payment, and such price lists and/or discount sheets may be thereafter revised in the manner hereabove provided. Provided, that the Executive Board shall make no determination to place any product of the Industry (not now on a price-list basis) on a price-list basis, as provided in this paragraph of this Article, unless two thirds of the members of applicant who are at that time engaged in manufacturing such product shall affirmatively consent that such determination be made. (c) The Executive Board shall have power, on its own initiative or on the complaint of any employer, to investigate any price for any product shown in any price list and/or discount sheet so filed with the Executive Board by any employer; and, for the purpose of the investigation thereof, to require such employer to furnish such information concerning the cost of manufacturing and selling such products, and if Executive Board after such investigation shall de- termine that such price is an unfair price for such product, having regard to the cost of manufacturing and selling such product, and that the maintenance of such unfair price will result in unfair competition in the Industry and be contrary to the spirit of the Act, the Executive Board may require the employer who filed the price list and/or discount sheet in which such unfair price is shown to file a new price list and/or discount sheet showing a fair price for such product, which fair price shall become effective immediately upon the filing of such list. If such employer shall not, within ten (10) days after notice to it of such determination by the Executive Board, so file a new price list and/or discount sheet showing such fair price for such product, the Executive Board shall have power to fix a fair price for such product, which fair price when so fixed, however, shall not be more than the price of any other employer at that time effective for such product, and in respect of which the Executive Board has not there- tofore begun an investigation or a complaint has not been made by any employer. When the decision of the Executive Board fixing such fair price has been made and it has given notice thereof to such employer, such fair price shall be the price for such employer for such product until it has been changed as in this Code provided. A notice of all decisions of the Executive Board under this para- graph (c) of this Article, together with the reasons therefor, shall be filed with the President. No employer shall sell, directly or indirectly by any means what- soever, any product of the industry covered by provisions of this Article at a price lower or at discounts greater or on more favorable terms of payment than those provided in his own current net price lists or price lists and discount sheets. Article VI — List of Unfair Practices For all purposes of the Code the following-described acts shall constitute unfair practices: A. Making or promising to any purchaser or prospective pur- chaser of any product, or to any officer, employee, agent, or repre- sentative of any such purchaser or prospective purchaser, any bribe, gratuity, gift, or other payment or remuneration directly or indi- rectly. B. Procuring, otherwise than with the consent of any member of the Code, any information concerning the business of such member which is properly regarded by it as a trade secret or confidential within its organization. C. Imitating or simulating any design, style, mark, or brand used by any other member of the Code. D. Disseminating, publishing, or circulating any false or mislead- ing information relative to any product or price for any product of any member of the Code, or the credit standing or ability of any member thereof to perform any work or manufacture or produce any product, or to the conditions of employment among the em- ployees of any member thereof. E. Inducing or attempting to induce by any means any party to a contract with a member of the Code to violate such contract. F. Aiding or abetting any person, firm, association, or corporation in any unfair practice. UNIVERSITY OF FLORIDA 6 3 1262 08850 3189 G. Making or giving to any purchaser of any product any guar- anty or protection in any form against decline in the market price of such product. H. Stating in the invoice of any product as the date thereof a date later than the date of the shipment of such product, or includ- ing in any invoice any product shipped on a date earlier than the date of such invoice. I. Secret rebates in the form of special services, discounts, adver- tising allowances, or free samples. J. Fraudulent and deceptive practices, including false and mis- leading advertising, mislabeling, and misbranding. K. Enticing of employees of other members of the Code, directly or indirectly, to leave their employment. Article VII — 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 dis- criminate against them. Article VIII — Changes and Additions Such of the provisions of this Code as are not required to be in- cluded therein by the Act may, with the approval of the President, be modified or eliminated in such manner as may be indicated by the needs of the public, by changes in circumstances, or by experience; all the provisions of this code, unless so modified or eliminated, shall remain in effect until the expiration date of Title 1 of the Act. In order to enable the Industry to conduct its operations subject to the provisions of this Code, to establish fair trade practices within the Industry and with those dealing with the Industry, and other- wise to effectuate the purpose of Title 1 of the Act, supplementary provisions of this Code or additional codes may be submitted from time to time, through the Executive Board of the Association, for the approval of the President. Article IX — Cancellation or Modification This Code or any of its provisions shall be cancelled or modified and any approved rule issued thereunder shall be ineffective to the extent necessary to conform to any action by the President under Section 10 (b) of the Recovery Act in cancellation or modification of any order, approval, license, rule, or regulation pertaining thereto. Article X — Violations Violation by any persons subject to the provisions of this Code, or of any approved rule issued thereunder, or of any agreement entered into by them with the Executive Board of the Association to observe and conform to this Code and said rules, is an unfair method of competition, and the offender shall be subject to the penalties imposed by the Act. O