Registry No. 611—1—01 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION EXPLOSIVES INDUSTRY AS SUBMITTED ON SEPTEMBER 1, 1933 WE DO OUR PART UNIV. OF Ft L^i. U.S. DEP091T0gY_ The Code for the Explosives Industry in its present f6rm 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 CODE OF FAIR COMPETITION FOR EXPLOSIVES INDUSTRY ADOPTED AT INDUSTRY MEETING WALDORF-ASTORIA HOTEL, NEW YORK, N.Y., JULY 29TH, 1933 To effectuate the policy of Title I of the National Industrial Recovery Act, during the period of the emergency, the following provisions are established as a code of fair competition for the Explosives Industry: Article I^ — ^1. Definitions (a) "National Industrial Recovery Act" means the National In- dustrial Recovery Act approved by the President on June 16th, 1933. (b) "Act" means National Industrial Recovery Act. (c) "President" means the President of the United States of America. (d) "Administrator" means the duly appointed representative of the President to administer the Industrial Recovery Act. (e) "Secretary" means the person designated by the Managing Committee to act in that capacity for the Industry. (f) The term "Explosives Industry" as used herein is defined to mean manufacturers of high explosives, black powder, blasting caps, electric blasting caps, safety fuse, cordeau fuse, smokeless powder, nitrocellulose, and other products manufactured by the Ex- plosives Industry, including the preparation of the semi-finished products. (g) "Persons" means natural persons, partnerships, associations, and corporations. (h) "Managing Committee" means the Committee described in Article III hereinafter. (i) The term "effective date" as used herein is defined to be the second Monday after the approval of this Code by the President of the United States. Article II — 1. Cancellation or Modification of Government Approval 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 to cancel or modify any order, approval, Hcense, rule, or regulation, 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. Article III — ^1. Administration-^Supervision — Enforcement Meetings of all the members of the Industry may be held from time to time for the purpose of considering and acting upon all matters pertaining to this Code or affecting the Industry. Such Industry 9144—33 (1) meetings may be regularly called by the giving of a wTitten notice to all members, signed by any three members of the Industry who have approved this Code, not less than five days in advance of the meeting, specifying the time and the place for holding the same. Voting at such meetings shall be limited to those who have signed or approved this Code, and each of such members shall be entitled to one vote. Not less than three fourths of all the members who have signed or approved this Code, provided this three fourths of such members shall during the last preceding year have sold three fourths of the value of the total sales of the Industry, shall constitute a quorum for the transaction of any business, except the election of a Chairman of any such meetings, who may be elected by a majority vote of those in attendance. In the event of an equal division upon any question, the Chairman shall cast the deciding vote. MANAGING COMMITTEE (a) To further effectuate the policies of the Act and to supervise and enforce the provisions of this Code, a Managing Committee con- sisting of seven members, including the Chairman, no two members of said Committee to be chosen from one company, shall be selected by a vote of not less than three fourths of the members who have signed this Code, provided this three fourths of such members shall during the last preceding year have sold three fourths of the value of the total sales of the Industry. (b) Increases and decreases in the number of the Managing Com- mittee, the filling of vacancies therein, and the period for which any or all of said Committee shall serve, shall be determined in the same manner. (c) The Chairman of the Managing Committee shall cause reason- able notice to be sent to all members of said Committee for all meetings thereof, specifying the time and place for holding the same. Each member of the Committee shall be entitled to one vote, and a majority of the Committee will be necessary to constitute a quorum for the transaction of business. (d) The Managing Committee shall do the things specifically enumerated in this Code, and as may be required from time to time by the members of the Industry, and shall employ a Secretary and make such arrangements as may be necessary for the doing of such work. Also the Committee shall, with the approval of the members of the Industry, give its interpretation of and provide reasonable methods and regulations for the supervision and enforcement of all provisions of the within Code. (e) All such regulations for the supervision and enforcement of this Code shall be in addition to and not in lieu of any administrative or enforcement provisions included within said Act, Governmental Regulations concerning the same, or any amendments to said Act or Govermnental Regulations. Article IV — Hours of Labor, Rates of Pay, and Other Conditions of Employment Section 1. Hours of labor. — No person employed within the Industry, whether by one or more employers in the Industry, shall be permitted to work more than an average of forty (40) hours per week during any three-month period, nor more than forty-eight (48) hours during any week; but such hmitations shall not apply to — (a) Any person employed in an executive, administrative, super- visory, or technical capacity. (6) Outside salesmen. (c) Any person employed as repairman, engineer, power and/or steam plant employee, electrician, truck driver, cleaner, or watch- man, but the maximum hours for any such employee shall be forty (40) per week, with a tolerance of ten percent. The maximum hours provided in this subparagraph (c) shall not apply to cases of emergency, provided that at the end of each calendar month any such employer in the Industry shall report to the Managing Committee in such detail as may be required by such Committee the number of man hours worked in such month for emergency reasons and the ratio which such emergency man hours bear to the total number of man hours during said month. Sec. 2. — Minimum Wages. — No employer in the Industry shall pay to any accounting, clerical, office, service, or sales employee, less than $15.00 per week, in any city of more than 500,000 popula- tion, or in the immediate trade area of such city; not less than $14.50 per week in any city of between 250,000 and 500,000 population, or in the immediate trade area of such city; not less than $14.00 per week in any city of between 2,500 and 250,000 population, or in the immediate trade area of such city, and in towns of less than 2,500 population to increase all wages by not less than twenty (20) percent, provided that this shall not require wages in excess of $12.00 per week. No employer in the industry shaU employ any factory or mechanical worker, or artisan, at less than forty (40) cents per hour, unless the hourly rate for the same class of work on July 15th, 1929, was less than forty (40) cents per hour, in which latter case not to pay less than the hourly rate on July 15th, 1929, and in no event less than thirty (30) cents per hour, provided this shall not apply to learners during a six (6) weeks period of apprenticeship. The above rates of pay are guaranteed minimum rates of pay regardless of whether the employee is compensated on a basis of the time rate or on a piece-work performance. Sec. 3. Employee Organization and Bargaining. — (a) Employees shall have the right to organize and bargain collectively through rep- resentatives of their own choosing, and shall be free from the inter- ference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; 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 organization of his own choosing ; and employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President. (b) It is understood that the foregoing does not impair in any particular the constitutional rights of an employee and employer to bargain individually or collectively, as may be mutually satisfactory to both, and nothing in this Code shall prevent the selection, reten- tion, or advancement of any employee on the basis of his individual merit without regard to his affiliation with any labor or employee organization. Article V— Minors On and after the effective date, employers in the Explosives Industry shall not employ any person under eighteen (18) years of age. Article VI — Reports With a view to keeping the President informed as to the functioning of this Code of Fair Competition, and whether the Industry is adopt- ing and maintaining appropriate action to effectuate the declared policy of the Act, and to provide for making available to the Admin- istration and members of the Industry, information to assist in effectuating the policy of the Act, each member of the Industry will furnish reports relative to hours of labor and wages as may be required by the Administrator or Managing Committee, duly certified when requested by the Managing Committee, and in such form and man- ner as may hereafter be provided by said Managing Committee. Article VII — Employees, Different Industries If any employer in the Industry is also an employer in any other Industry, the provisions of this Code shall apply to and affect only that part of the business of such employer which is included in the Explosives Code. Article VIII — Amendments The foregoing provisions, particularly the limitations upon the hours of labor and wages, have been included in this Code, and by agreement have been put into effect before final approval of this Code in order to immediately cooperate with the Recovery Administration. Other provisions which may properly be included in a more complete Code of Fair Competition have been deferred so as not to delay the immediate operation of the wdthin standards for the entire Industry. Consequently, to further effectuate operations of the Act, the mem- bers of the Industry may subsequently present to the Administration for approval, additions and/or amendments to this Code, which might relate to practices and principles of production and merchandis- ing, collection and distribution of statistical data, conditions effecting the Industry, and other matters which may be appropriate in this Code of Fair Competition to avoid discrimination, to promote stabilization of the Industry, and prevent and ehminate unfair com- petitive practices and methods. Also, when any such additions or amendments hereto shall have been so submitted to, and duly ap- proved by, the Administration they shall have the same force and effect as any of the provisions which have been included herein. Appr(»ved at a meeting of the industry on July 29th, 1933, by the following members of the industry: X American Glycerine Co., Wilmington, Delaware. XX American Powder Mills, Maynard, Massachusetts. X Apache Powder Company, Benson, Arizona. o Atlas Powder Company, Wilmington, Delaware. X Austin Powder Company, Cleveland, Ohio. XX C. E. Bedient, Cincinnati, Ohio. o Burton Explosives, Inc., Cleveland, Ohio. X California Cap Co., Oakland, California. X Coast Mfg. & Supply Co., Livermore, California. o Denn, J. A., Powder Co., Portland, Oregon. o E. I. Du Pont De Nemours & Co., Wilmington, Delaware. o Egyptian Powder Co., East Alton, Illinois. o The Equitable Powder Mfg. Co., East Alton, Ilhnois. o Eagle River Fuse Co., Eagle River, Michigan. o Ensign-Bickford Company, Simsbury, Connecticut. o General Explosives Co., Latrobe, Pennsylvania. o The Giant Powder Co. Con., San Francisco, California. o Hercules Powder Company, Wilmington, Delaware. X Hudson Torpedo Co., Okmulgee, Oklahoma. o Illinois Powder Mfg. Co., St. Louis, Missouri. X The Independent Eastern Torpedo Co., Findlay, Ohio. o The King Powder Company, Cincinnati, Ohio. o Liberty Powder Company, Pittsburgh, Pennsylvania. X Marietta Torpedo Co., Marietta, Ohio. X National Fuse & Powder Co., Denver, Colorado. o Pennsylvania Powder Co., Emporium, Pennsylvania. X Producers Torpedo Co., Marietta, Ohio. X Titan Powder Company, Portland, Oregon. o Trojan Powder Company, Allentown, Pennsylvania. XX United States Powder Co., Terre Haute, Indiana. X West Coast Powder Company, Everett, Washington. o Western Powder Company, Peoria, Illinois. X Approval by telegram. XX Qualified approval by telegram. Approval by representative in attendance at meeting. o UNIVERSITY OF FLORIDA 3 1262 08584 7589