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Các Quy tắc Cạnh tranh Công bằng trong Hoa Kỳ
Các Quy tắc Cạnh tranh Công bằng trong Hoa Kỳ
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REPORTS AND ENQUIRIES
The analysis covers the codes adopted for the following industries automobile
manufacturing, bankers, bituminous coal, boot and shoc manufacturing,. cotton
textile, electrical manufacturing, glass con-tainer, hosiery, iron and steel, linoleum
and felt base manufacturing, lumber and timber products, men's clothing, petroleum,
photographic manufacturing, rayon and synthetic yarn producing, retail trade,
shipbuilding and ship-repairing, textile machinery manufacturing, theatrical industry,
transit -, underwear and allied products manufac-turing, and wool textile.
As noted above, the provisions of the codes governing hours of work and
juvenile employment have already been dealt with separately in previous articles.
The provisions remaining for consideration here are therefore those relating to (a)
minimum wages, (b) freedom of association and the workers' right of collective
bargaining, and' (c) other provisions concerning labour.
Minimnm Wages
The chief points taken into consideration in fixing minimum wages were, on the
one hand, the necessity of securing a decent stan-
1 Cf. International Labour Review, Vol. XXIX, No. 1, Jan. 1934, pp. 84-107,
and No. 2, Feb. 1934, pp. 223-230.
2 Electric railway, niotorbus, and tramway services.
REPORTS AND ENQUIRIES
dard of living for the workers, thus bringing about a general increase in
purchasing power, and on the other, the capacity of each industry to bear the
additional charges involved. The rates adopted vary according to the
occupation, the worker's experience, the region, the population of the town,
the cost of living, economic conditions, etc.
As a general rule, the minimum hourly rates prescribed vary be-tween
30 and 40 cents, except in special cases such as that of cutters in the men's
clothing industry, for whom the minimum wage is fixed at 1 dollar.. The rate
is, however, as low as 23 cents for one class of workers in the lumber and
timber products industry and as high as 703/s cents for a class of skilled
workers in the bituminous coal industry. The latter industry is indeed that in
which the rates vary most widely, ranging from 42% to 703/8 cents for
skilled workers, and from 30 to
60 /4 cents for unskilled labour.
Minimum weekly rates vary for the most part between 12 and 15 dollars.
In a number of cases, however, there are wide divergencies in the rates
within the same branch of industry; these vary, for instance, between 9 and
15 dollars in retail trade, 12 and 27.50 dollars in the hosiery industry, and 30
and 75 dollars in the theatrical industry.
The minimum wage for apprentices, learners, etc., who may not as ,a
rule form more than 5 per cent. of the total staff, is fixed at 80 per cent. of
the ordinary wage in many of the codes under consider-ation. In the hosiery
industry the rate fixed is 8 dollars, and in the underwear and allied products
industry it is I dollar less than the wage drawn by ordinary workers.
Most of the codcs provide that where the minimum rates they prescribe
arc lower than thosc fixed by State laws or regulations the latter shall
prevail.
This head covers the following provisions : (a) rules of fair trade practice
; (b) price control ; (c) regulation and control of production ;
(d) prohibition of monopolies and protection of small undertakings ;
(e) other provisions concerning industry.
Price Control
As the object of the National Recovery Administration policy is to
restore general purchasing power, price increases are limited to the amount
necessitated by the actual increase in production costs resulting from action
taken under the recovery measures (cf. in parti-cular, the code for retail trade
and the President's Re-employment Agreement), taking into account
probable increases in sales volume and even at the, expense of immediate
profits.
Provision for the fixing of rates for the transportation of petroleum was
made by the National Industrial Recovery Act, and the code for the
petroleum industry subsequently also provided for the fixing of the price of
motor gasoline and of the various grades of petroleum. Price-fixing
provisions are also contained in the codes for one or two basic industries,
such as lumber and timber products, iron and steel, and bituminous coal.
Some codes make provision for the standardisation of price-fixing
methods (electrical manufacturing, retail trade, etc.), and others for the
registration of price lists with specified competent authorities for the
information alike of competitors and of the Government agencies concerned
(cf. among others, the codes for the bituminous coal, iron and steel,
electrical manufacturing, and underwear and allied products industries), or
for the posting of price lists (petroleum, etc.).
Generally speaking, all the codes provide for an appropriate adjustment,
by arbitration or otherwise, of any prices agreed upon in contracts
concluded prior to the National Industrial Recovery Act, the cost of
executing which has been increased by the application of the recovery
measures.
The codes for the bituminous coal and iron and steel industries
expressly stipulate that their price-fixing provisions shall not apply to
products for exportation.
All the codes provide for the setting up of one or more agencies to
administer them and supervise their application, and also, in various cases
and in varying degrees, to organise the industry along the lines laid down by
the National Industrial Recovery Act. These agencies, or at least the most
highly perfected of them, are designed so as to permit of enlightened and
uniform self-government in the industry, inspired by the general interest and
subject to Government control for the purpose of safeguarding public
interests. It may be useful to examine one by one the nature of these
agencies and of their functions.
and ship-repairing industry, and 23 in that for the men's clothing industry).
They must include from 1 (men's clothing) to 5 (bituminous
coal) - in practice usually 3 - non-voting members designated by
the President of the United States.
The administrative machinery sometimes consists solely of a Code
Committee (wool textile, linoleum and felt base, rayon and synthetic yarn,
theatrical industry, transit, etc.), and sometimes of a series of bodies: for
example, a Code'Committee and a trade association (underwear and allied
products, etc.) ; regional committees and sub-committees in the more
important industries (bituminous coal, lumber and timber products, iron and
steel, etc.) ; one general committee and various sub-committees for the
different groups of producers having common interests (electrical
manufacturing, etc.) ; a general authority, a national council, local
committees, and a national economics board for retail trade.
Some of the auxiliary bodies have purely economic functions in
connection with the organisation and co-ordination of the industry
(petroleum, boot and shoe manufacturing, etc.), the organisation of
marketing (petroleum, etc.), the establishment of rules of fair trade practice
(lumber and timber products, boot and shoe manufacturing, shipbuilding and
ship-repairing, textile machinery, cotton textile, petroleum, underwear and
allied products, transit, etc.).
Industrial relations boards, whose duties include the settlement of
industrial disputes, are provided for in various codes, including those for the
bituminous coal, cotton textile, and petroleum industries.
Functions
The functions of these authorities may be classified under three heads :
(1) administration and supervision of application of the codes ;
(2) organisation of the industry; and (3) settlement of industrial disputes.
(4) the control of production (lumber and timber products, petroleum, glass
containers, etc.) ; (5) the standardisation of accounting methods (hosiery,
men's clothing, cotton textile, etc.) ; (6) the organisation of credit (men's
clothing) ; (7) the receipt and investigation of com-plaints as to the
importation of competitive articles (hosiery, boot and shoe manufacturing,
men's clothing, cotton textile, textile ma-chinery, underwear and allied
products, etc.).
The Code Committees are also required to make recommendations to the
National Recovery Administration and the President with a view to the
organisation and completion of statistical information on the industry, the
standardisation of accounting methods, the special assistance to be given to
small- enterprises, the registration of machinery and the requirement of a
licence from the Administrator prior to any extension thereof, changes in
hours of machine operation, the laying down of rules of fair trade practice,
the registration and fixing of prices, and any other measures calculated to
ensure the stabilisation of the industry and of production and employment
(cf. in particular the Codes for the cotton textile and men's clothing
industries).