Registry No. 1311—01 ■/ NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE ELEVATOR MANUFACTURING INDUSTRY AS SUBMITTED ON AUGUST 7, 1933 DO OUR PART The Code'for the Elevator 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 Dj cuments, Washington, D.C. -------- Price 5 cents j Submitted by NATIONAL ELEVATOR MANUFACTURING INDUSTRY (ID [Draft of August 7] CODE OF FAIR COMPETITION OF THE NATIONAL ELEVATOR MANUFACTURING INDUSTRY Article I — Definitions Wherever used in this Code, terms shall have meanings as follows : 1. " Industry " means the business of manufacturing and installing passenger and freight elevators. 2. "Association " means the organization known as " National Ele- vator Manufacturing Industry. Article II — Purpose 1. The purpose of this Code of Fair Competition is to aid in effectuating the declared policy of the National Industrial Recovery Act, and to that end the provisions of Title I of said Act so far as applicable to the industry, are adopted as a part of this Code. 2. The Code is not designed to promote monopolies or to eliminate or oppress small enterprises or otherwise discriminate against them. Article III — Membership 1. All manufacturers of passenger or freight elevators in the United States, regardless of size or form of organization, are in- vited to become members of the National Elevator Manufacturing Industry and to have a voice and to participate equitably in the affairs of said Association and in the promotion of industrial recovery. 2. Each member of the Association, by a duly constituted repre- sentative, is entitled to one vote at all Association meetings. 3. Any member of the industry desiring to become a member of the Association shall sign and mail to the Association an applica- tion substantially as follows : To : National Elevator Manufacturing Industry, 250 Eleventh Avenue, New York City. The undersigned, engaged in the manufacture and installation of elevators, hereby makes application for membership in the National Elevator Manufacturing Industry, and agrees that it shall be subject to and will comply with the Constitution and By-Laws and Code of Fair Competition of said industry under the National Industrial Recovery Act. Date Name Address By President. 9429—33 (Ij Article IV — Conditions of Employment, Hours of Labor, and Rates of Pay 1. As required by Section 7 (a) of Title I of the National Indus- trial Recovery Act, the following provisions are conditions of this Code: "(1) That employees shall have the right to organize and bar- gain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of employ- ers of labor, or their agents, in the designation of such representa- tives or in self-organization or in other 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 re- quired 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 (3) that employers shall comply with the maximum hours of labor, minimum rates of pay, and other condi- tions of employment, approved or prescribed by the President." 1A. Without in any way attempting to qualify or modify, by in- terpretation, the foregoing requirements of the National Industrial Recovery Act, employers in this industry may exercise their right to select, retain, or advance employees on the basis of individual merit, without regard to their membership or nonmembership in any organization. 2. On and after the effective date of this Code members of the Industry shall not employ anyone under the age of sixteen years. 3. Shop Labor. — Shop labor is labor performed in the factory in connection with the processing of the products of the elevator manu- facturing industry. Maximum hours and Minimum wages. — On and after the effective date of this Code, the maximum hours of shop processing labor shall be thirty-five (35) hours per week, and the minimum wage that shall be paid by any member of the industry to any employee engaged in shop labor shall be 40^ per hour, unless the rate per hour for the same class of labor on July 15, 1929 was less than 40^, in which case the rate per hour shall be not less than the rate per hour paid on July 15, 1929, and provided also that in no event shall the rate per hour be less than 30^ per hour, and provided further that casual and incidental labor and learners may be paid not less than 80% of such minimum wage, but the total amount paid to such casual and inci- dental labor and earners shall not exceed in any calendar month 5% of the total wages paid to all shop labor by such employer. 3A. The foregoing provisions of this Article as to hours of labor are not to apply to persons engaged in shop repair or shop mainte- nance work nor to executive, administrative, or supervisory em- ployees or traveling salesmen, nor in cases of emergency requiring the protection of life or property. 4. Field Labor. — Field labor is labor performed in the erection of new elevators or in connection with the substitution of a new elevator for an old one. The repair and maintenance of existing elevators. Minimum Wages. — On and after the effective date of this Code, the minimum wages for field labor shall be not less than the mini- mum rates which are established regionally or locally by mutual agreements between truly representative groups of employers and 3 employees and approved by the President, as provided by Section 7 (b) of the National Industrial Recovery Act. Where such rates are not so established, the minimum rate of wages shall be not less than forty cents (40^) per hour, unless the hourly rate for the same class of work on July 15, 1929 was less than forty cents (40^) per hour, in which case the hourly rate shall be not less than that of July 15, 1929, and in no event less than thirty cents (30^) per hour, except where a lower minimum rate has been otherwise established for specific projects by competent governmental authority acting in accordance with law. The minimum wages for members of locals of International Union of Elevator Constructors shall be established for any locality in ac- cordance with Article 2 of their Standard Agreement, which is filed herewith as a part of this Code, but in no case are minimum rates so established to be less than 400 per hour. Maximum Hours. — The hours for field labor engaged in the in- stallation of new elevators or the substitution of a new elevator for an old one shall not exceed an average of thirty-five (35) hours a week for any six months period but with the right to work a maxi- mum week of forty-eight (48) hours in such period, but not more than eight (8) hours in any one day. Maximum hours of field labor employed in the maintenance of elevators shall not exceed an average of forty-eight (48) hours per week for any six months period and not more than eight (8) hours in any one day. Maximum hours for field labor employed in general repairs to ele- vators shall not exceed an average of forty (40) hours per week for any six months period but with the right to work a maximum week of forty-four (44) hours in such period but not more than eight (8) hours in any one day. The traveling time of field labor traveling on the time and at the expense of the employer to and from a job is not to be included in computing the foregoing specified maximum week. 5. Miscellaneous Labor. — The maximum hours of labor for em- ployees not covered by the provisions in Paragraphs 3 and 4 shall be forty (40) hours per week and the minimum wages of such em- ployees shall be at the rate of : $15.00 per week in any city of over 500,000 population, or in the immediate trade area of such city; $14.50 per week in any city of between 250,000 and 500,000 popula- tion, or in the immediate trade area of such city; $14.00 per week in any city between 2,500 and 250,000 popula- tion, or in the immediate trade area of such city; In towns of less than 2,500 population the minimum wages shall be increased 20% if the prevailing wage is less than $12.00 a week, but this shall not require wages in excess of $12.00 per week. Provided, That office boys and girls, learners, and casual em- ployees may be paid not less than 80% of the minimum wages paid in such various localities, but the total amount paid to such office boys and girls, learners, and casual employees shall not exceed in any calendar month five percent of the total amount paid to all employees covered by the provisions of this paragraph. 6. The foregoing provisions in this Article as to hours of field labor and minimum pay are not to apply to persons engaged in executive, administrative or supervisory capacity, and traveling salesmen; those engaged in case of emergency work requiring the protection of life or property; and those in establishments employ- ing not more than two persons engaged in maintenance or repair work where such towns are not part of a larger trade area. Article V — Selling Price 1. The Code Committee shall devise a uniform accounting system for determining the cost of the manufacture and installation of the products of the Industry. Each establishment subject to this Code shall use such accounting system, or a system which conforms to the principles and is at least as detailed and complete as the uniform system formulated or approved by the Code Committee, with such variations therefrom as ma} 7 be required by the individual condi- tions affecting an} 7 member of the Industry and as may be approved by the Code Committee. 2. No member of the Industry shall sell an elevator installation, or parts thereof, for less than his cost determined on the basis of volume of production equal to such portion of his previous maximum production as the Board of Directors shall decide it is reasonable to anticipate within the period covered by this Agreement. 3. All accessories which the manufacturer sublets are to be in- cluded in the estimated cost at not less than cost. 4. If maintenance in any form is offered the purchaser of an elevator installation, maintenance must be included at not less than cost. 5. The foregoing provisions in this Article are not to apply to elevator installations or parts thereof sold outside of the United States. Article VI — Unfair Trade Practices 1. The wilful interference by any person, firm, corporation, or association, by any means or device whatsoever with any existing contract between a seller and a purchaser, in or about the produc- tion, transportation, purchase, or sale of any product handled by the industry, or the performance of an} 7 contractual duty or service con- nected therewith, such interference being for the purpose or with the effect of dissipating, destroying, or appropriating, in whole or in part, the patronage, property, or business of another engaged in such industry, is an unfair trade practice. 2. Defamwtion of Competitor. — The defamation of a competitor by words or acts, which untruthfully call in question his business integrity, his ability to perform his contracts or fill his orders, his credit standing, or the grade, quality, or prices of his goods, is an unfair trade practice. Article VII — General Provisions 1. Modification of Code. — " The President may from time to time cancel or modify any order, approval, license, rule, or regulation " issued under Title I of the National Industrial Recovery Act and 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 National Industrial Recovery Act in cancellation or modification of any order, approval, license, rule, or regulation per- taining thereto. 2. Nothing contained in this Code shall be deemed to constitute members of the Association partners for any purpose, and none of the members of the Association shall be liable for any act of any other member, the Board of Directors, Committees, officers, or employees of the Association. 3. The various provisions of this Code are intended to conform to the basic code for the Construction Industry filed by the Construction League of the United States, including any additions or amendments thereto, so far as that code applies to the Elevator Manufacturing Industry. 4. This Code is intended to be a basic code for the Elevator Indus- try and if in its application the necessity develops the Industry proposes to submit to the Administrator for approval additions and possible supplemental codes applicable to one or more branches or subdivisions of the Industry : such supplemental codes to conform to and be consistent with the basic code as finally approved. Article VIII — Administration or the Code 1. National Elevator Manufacturing Industry, 250 Eleventh Ave- nue, New York City, is hereby designated the agency for administer- ing, supervising, and promoting the performance of the provisions of this Code by the members of the elevator manufacturing industry. 2. The National Elevator Manufacturing Industry, through its Code Committee, for the purpose of advising the National Recovery Administration as to the observance or nonobservance of the Code, is authorized to require members of the industry to furnish reports and such data and information pertinent to the purpose of this Code as may from time to time be required by the National Recovery Administration. 3. Data and information filed pursuant to the requirements of the Industry shall be confidential and the reports of one employer shall not be revealed to any other employer except for the purpose of administering the provisions of this Code. 4. Violation of Code. — Violation of any of the provisions of this Code or of any of the rules and regulations established thereunder, by any person, establishment, partnership, or corporation in the ele- vator manufacturing industry is an unfair method of competition subject to the penalties provided in the National Industrial Recovery Act. UNIVERSITY OF FLORIDA 3 1262 08583 0825 Article IX — Effective Date of Code 1. This Code shall become effective the tenth day following its approval by the President. National Elevator Manufacturing Industry, 250 Eleventh Avenue, New York City. (Signed by) J. H. Van Alstyne, J. H. Van Alstyne, Chairman, President Otis Elevator Company, (Signed by) I. N. Haughton, Irving Haughton, President, Haughton, Elevator & Machine Co., (Signed by) Alex. E. Montgomery, Alex. Montgomery, President, Montgomery Elevator Company, (Signed by) Frederick A. Smith, Fred Smith, President, F. S. Payne Company, (Signed by) Frank C. Reed, Frank C. Reed, Vice President, Westinghouse Electric Elevator Company, Code Committee. o