637-B Registry No. 507 — 11 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE PUBLISHING-PRINTING AND PRINTING SUBDIVISIONS OF THE GRAPHIC ARTS INDUSTRY AS SUBMITTED ON SEPTEMBER 6, 1933 The Code for the Publishing-Printing and Printing Subdivisions of the Graphic Arts 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 NATIONAL EDITORIAL ASSOCIATION A CODE OF FAIR COMPETITION FOR THE PUBLISHING- PRINTING AND PRINTING SUBDIVISIONS OF THE GRAPHIC ARTS INDUSTRY AS ADOPTED BY THE CONVENTION OF THE PUBLISHING, PRINTING, AND ALLIED INDUSTRIES (THE GRAPHIC ARTS INDUSTRY) HELD IN CHICAGO, AUGUST 17-18, 1933 Preamble In sympathy with the spirit and purpose of the National Industrial Recovery Act and the President's Reemployment Agreement the avowed purpose of this code of fair competition is to aid in increasing employment and purchasing power. The national trade association, as referred to herein, shall mean the National Editorial Association and its cooperating state and/or regional organizations; all members thereof; all newspapers; and all printing plants; either signing this code or being assigned to admin- istration under it. Nothing in the adoption or acceptance of this code shall be con- strued as an abridgement of the freedom of the press as guaranteed under the First Amendment to the Constitution of the United States. Article I — Definition (a) The Publishing-Printing and Printing subdivisions of the Graphic Arts Industry, as covered by this code, shall include all printing plants coming within the United States Department of Commerce definition as "Industry No. 510, Printing and Publishing, Newspapers and Periodicals" wherein there is a newspaper published and/or printed; and "Industry No. 508, Printing and Publishing Book and Job" that are members of the Association (as defined in the Preamble hereof) and all other printing plants signing this code or being assigned to administration under it. (b) It is to be understood that the act of signing this code by non- members (of the Association) publishing and/or printing plants makes them subject to administration under this code. (c) It is further understood that such publishing and/or printing plants not signing this code, but which are assigned to administration under it by the National Recovery Administration, shall be subject to administration under this code. (d) The term "newspaper" as used herein shall be considered as a publication engaged in disseminating news matter or matter of reader interest and advertising. Article II — Employment (a) Pursuant to subdivision (a) of Section 7 of the National Recovery Act and as long as this code shall be in effect, this code shall be subject to the following conditions: 9471—33 (1) 1. That employees shall have the right to organize and bargain collectively through representatives of their own choosing and shall be free from interference, restraint, or coercion of employers of labor, or their agents in the designation of such representatives or in self- organization, or in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 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 organization of his own choosing. 3. That 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) That no employee shall be required to join any organization to secure or retain employment, or to secure the benefits of this code, and the right of every individual to refrain from joining any organi- zation, and the right of employee and employer to bargain together free from interference from any third party is hereby recognized. (c) No person under sixteen (16) years of age shall be employed except to sell and /or deliver newspapers, during now established hours where it does not interfere with school hours, but those from 14 to 16 may be employed up to three hours between 7 A.M. and 7 P.M. (d) Nothing in this code is to be construed as prevention of the selection, retention, or advancement of an employee on the basis of individual merit. Article III — Working Hours (a) Maximum hours of labor shall be uniform for the whole country and shall not be more than forty hours in any one week, for all mechanical or shop employees, including any proprietors, members of their families, supervisors, and foremen, for the time actually engaged in mechanical work. However, when necessary, because of an emergency, the character of the work or the inability to obtain competent labor, overtime and extra shifts above and beyond such limitations shall be permitted, provided that no employee as described above will work more than 1,040 hours in any six months. These limitations shall not apply to employees engaged in emergency mainte- nance, or repair work, and an employer in any city, town, or village, where there is a shortage of labor of any of the classes mentioned, which shortage will create great and unavoidable hardship, may, in a petition approved by the Association, obtain a stay of the require- ments of these provisions pending investigation by the National Recovery Administration, if he agrees to abide by the decision of such investigation. (b) Maximum working hours for all clerical help shall be uniform for the whole country and shall not be more than 48 hours per week, except for those employed in a managerial or executive capacity receiving $35.00 per week or more, but newspaper reporters, editorial writers, rewrite men, space writers, news-photographers, and all other members of the editorial staffs of newspapers, being classed as profes- sional persons, shall be exempt from the limitations of the working hours imposed by this article. (c) Persons working solely on a commission basis shall not be restricted as to their hours of labor nor guaranteed the minimum wages provided hereafter in this code. Article IV — Minimum Wages (a) There shall be a standard minimum wage for all mechanical or shop labor employed in the industry of forty cents (.40) per hour for male labor and thirty cents (.30) per hour for female labor with the exception that janitors, apprentices and/or persons learning the trade may be employed at a lower wage rate, provided, however, that the number of apprentices employed shall not exceed more than one apprentice for each five mechanical employees, or fraction thereof; provided further, except with the permission of the Association, that a person or persons employed in the trade as above denned shall re- ceive a compensation at a rate per hour at least equal to the rate per hour paid said person or persons, or for said class of work, prevailing on July 1, 1933. (b) There shall be a standard minimum wage for all clerical help, solicitors, salesmen, newspaper reporters, editorial writers, rewrite men, nows-photographers, and all other members of the editorial staffs of newspapers, except space writers, of not less than $15.00 per week in any city of over five hundred thousand (500,000) population, or in the immediate trade area of such city; nor less than $14.50 per week in any city between two hundred fifty thousand (250,000) and five hundred thousand (500,000) population, or in the immediate trade area of such city; nor less than $14.00 per week in any city of between twenty-five thousand (25,000) and two hundred fifty thou- sand (250,000) population, or in the immediate trade area of such city; nor less than $13.00 per week in any city of between five thou- sand (5,000) and twenty-five thousand (25,000) population, or in the immediate trade area of such city; and in towns of less than five thousand (5,000) population to increase wages by not less than twenty percent (20%), provided that this shall not require wages in excess of $12.00 per week; provided, however, that persons learning the business or profession, as above set forth, may be employed at a lower wage rate than above designated. Population, for the purpose used herein, shall be determined by the 1930 Federal census. Article V The foregoing requirements as to hours and wages shall be observed except in the case of a contract arrived at by collective bargaining in effect on or before July 1, 1933, and still remaining in full force and effect and which cannot be revised except by mutual consent. Article VI — Trade Practices (a) Each establishment in the publishing and printing industry shall maintain and keep in proper order, an approved cost finding system, or use an approved price list based on a cost-finding system, and accounting methods that will furnish and make available, with reasonable accuracy, all necessary information as to the costs of production of newspapers and printing. (b) Secret or Unfair Rebates and/or Agreements. — The making or offering to make secret or unfair payments or allowances of rebates, commissions, credits, unearned discounts ; or the extending of special favors, services, or privileges to purchasers of printing or advertising, their agents, officers, or representatives in any form whatsoever, shall not be permitted, and shall constitute a violation of this code. (c) Deception and Fraud. — Deceiving or defrauding customers with respect to newspaper circulation, or as to quantity, quality, grade or substance of stock, or any other material element entering into the completed printed product shall not be permitted and shall constitute a violation of this code. (d) Competitive Relationship. — The defamation or damaging of competitors by false imputations as to their conduct, ability, credit, or service; or the attempt to breach or breaching of existing contracts between competitors and their customers, or the obstructing of per- formances of such contractual relationship by such means, shall not be permitted, and shall constitute a violation of this code. The wrongful enticing away of employees of competitors, the use of unfair subscription or circulation sales and solicitation or advertising sales methods; or the pirating of ideas, designs, drawings, sketches, copy, etc., known to be the property or product of any competitor shall not be permitted and shall constitute a violation of this code. (e) Special Competition. — No state or any political subdivision thereof, church, educational, charitable, welfare, penal, or similar type of institution which is publicly endowed or supported in whole or in part by contributions, or which is exempt from payment of any local, state, or Federal taxes whatsoever, shall sell the product of any print- ing plant which it may own, or control by trust, or operate, in competi- tion with commercial business enterprises manufacturing printing. (f ) Bidding.' — This industry approves of the one-bid policy under competitive bidding ; any practice of fictitious bids for the purpose of deceiving competitors or purchasers, or any attempt through conniv- ance to have all bids rejected to the end that a more advantageous position may be secured in the bidding shall constitute a violation of this code. (g) Official Notice by Publication. — In all states where a rate is established by law for giving official notice by publication, the price charged for all notices required by state and/or Federal laws to be published shall not be less than such statutory rate. Article VII — Stabilization or Prices The stabilization of prices shall immediately be based upon cost and no bid shall be submitted or price quoted, or printed matter or service sold or rendered, by any person or concern in these subdivisions of this industry for less than the cost of production as set forth in Article VI, Section (a), hereof, plus the cost of all materials and out- side purchases required to produce such printed matter or render such service, plus a reasonable profit; provided, however, this provision shall not apply to newspapers or other periodicals with a bona fide paid circulation list, sold and/or delivered by the publisher. Article VIII — Administration (a) This code for these subdivisions of the graphic-arts industry shall be administered by the National Editorial Association. (b) The Constitution and By-Laws of the National Editorial Association shall be used as the basis and authority for the adminis- tration of this code, with the further provision that state, regional, and/or local administration under this code shall be carried on through state, regional, and/or local organizations now cooperating and/or affiliated, or to be affiliated, with the National Editorial Association; provided that the governing body of the National Editorial Associa- tion be augmented, for the purpose of administering this code only, by at least four members of the Newspaper Association Managers, Inc., one of whom shall be from the Pacific Slope, one from the Middle- west, one from the South, and one from the East. The selection of the representatives from the Newspaper Association Managers, Inc., and the allocation of the section from which each shall be selected shall be made by Newspaper Association Managers, Inc. ; provided further, that no member of Newspaper Association Managers, Inc., shall be eligible to membership on this administering body who resides in a state in which there resides a regular member of the Board of Directors of the National Editorial Association. (c) The right to establish and enforce state, regional, and/or local rules of administration under this code shall remain with the respective state, regional, and local cooperating and/or affiliated organizations, subject to the approval of the National Editorial Association. (d) The right of appeal directly to the National Recovery Admin- istration by individual members or others coming under the provisions of this code is recognized. (e) The National Editorial Association, its committee, committees, agent, or agents, shall have the right to require reports for statistical purposes from individual publishers, corporations, and/or estab- lishments, groups, and/or organizations coming under the admin- istration of this code. (f) The National Editorial Association shall assess and collect from all the individual publishers, corporations, and/or establish- ments, coming under this code, the proportionate funds necessary to defray the actual costs of the administration of this code, as pro- vided in the National Industrial Recovery Act. (g) The penalty for the violation of any of the provisions of this code shall be as provided in the National Industrial Recovery Act, and in addition thereto the cost of investigation may be added. Article IX — Amendments (a) This code is to be subject to amendments as experience with its operation develops the necessity therefor, subject to the approval of the President. (b) The President may, from time to time, cancel any order, approval, rule, or regulation, issued under Title I of the National Industrial Recovery Act. (c) If any provision of this code is declared invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect the same as if they had been separately presented for approval and approved by the President. 6 Article X This code is not designed to promote monopoly and shall not be interpreted or administered so as to eliminate or oppress small enterprises or to discriminate against them. Article XI This code shall be effective the second Monday after its approval by the President. Membership of the National Editorial Association and its cooperating State and regional associations State Total news- papers Number members of State and region- al associa- tions Members National Editorial Associa- tion Number members of National Editorial Association State and regional associations Alabama . 156 65 220 535 215 100 21 206 244 104 780 405 496 456 180 121 65 64 188 367 481 145 502 153 405 26 68 268 71 590 204 192 459 344 167 420 30 101 270 151 797 59 69 147 236 131 370 66 11 13J 17 9 24 136 39 25 3 30 31 31 151 66 163 89 30 21 17 13 79 112 198 42 73 34 85 14 11 44 11 173 20 41 60 66 41 130 7 3 81 17 59 15 9 26 36 41 116 26 4 142 Arizona _ 9 Arkansas 75 301 158 58 85 California 355 Colorado . 174 Connecticut 68 Delaware ._ 3 Florida 118 210' 23 717 175 280 150 120 75 56 41 63 197 375 130 Georgia 222 Idaho 35 Illinois 777 Indiana 201 Iowa 345 Kansas 186 Kentucky 132 Louisiana.. 83 Maine ... . 63 Maryland _. 46 Massachusetts 95 Michigan 242 Minnesota 454 Mississippi 42 Missouri . .. 289 150 235 20 55 108 30 130 104 125 160 150 90 220 17 318 Montana 164 Nebraska 269 Nevada... 26 New Hampshire 59 New Jersey 126 New Mexico 34 New York 199 North Carolina 112 North Dakota . 141 Ohio 184 Oklahoma 176 Oregon 107 Pennsylvania 272 Rhode Island 20 South Carolina . 3 South Dakota . 225 111 495 55 55 98 107 106 160 43 257 Tennessee 119 Texas 619 Utah 61 Vermont. 69 Virginia 108 122 122 206 63 4 Total 11, 927 6,665 2,569 7,729 Number of Localities in Which Newspapers are Published Number of cities and towns in which newspapers are published: New England States 413 New York State 490 Middle Atlantic States 665 Southern States 2, 114 Middle Western States 1, 959 Western States 3, 113 Pacific Coast States 942 Total 9,696 Number of metropolitan areas shown by United States Department of Commerce under Industry 510, Newspapers and Periodicals 29 Number of cities and towns outside metropolitan areas in which the 12,000 publisher-printer establishments covered by this code are located. 9, 667 Because the vast majority of publisher-printers have local competition in the form of the smaller job printer, and as similar information to the above concerning these job printers is that they are located in at least (smaller cities and towns) 8, 000 Source: N. W. Ayer Directory and United States Department of Commerce. Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/proposedcode633unit UNIVERSITY OF FLORIDA I ill 1 1:111 1 1 II 3 1262 08856 0239