Registry No. 404-01
NATIONAL RECOVERY ADMINISTRATION
PROPOSED CODE OF FAIR COMPETITION
AS SUBMITTED ON SEPTEMBER 6, 1933
S- DO OUR PART
The Code for the Label 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
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents
LABEL MANUFACTURERS ASSOCIATION
CODE OF FAIR COMPETITION FOR THE LABEL
The Label Manufacturers Association, organized at Chicago, July
12, 1933, hereinafter called the Association, consists of label manu-
facturers organized and self-disciplined so as to qualify for govern-
mental sanction and supervision by virtue of the provisions of the
Industrial Recovery Act approved June 13, 193, hereinafter called
the Act. A label manufacturer is any individual, partnership, asso-
ciation, trust, or corporation in the United States of America and
other places under its jurisdiction engaged in the commercial produc-
tion and/or sale of labels, either separately or in combination with
other articles. A label is a sheet-like paper bearing a descriptive
design or language intended to identify the object to which it may
be applied. A member is any label manufacturer who shall volun-
tarily subscribe to this Code or who shall become subject to the
provisions of this Code by order of the President.
The purposes and objects of the Label Manufacturers Association
are as follows:
A. Members shall be fair and honest with consumers, employees,
and competitors, to endeavor to remove obstructions to the free flow
of interstate and foreign commerce, to provide for the general wel-
fare by promoting the organization of industry for the purpose of
cooperative action among trade groups, to induce and maintain
united action of labor and management under adequate governmental
sanction and supervision, to eliminate unfair competitive practices,
to promote the fullest possible utilization of the present productive
capacity of industries in order to avoid undue restriction of pro-
duction (except as may be temporarily required), to increase the
consumption of industrial and agricultural products by increasing
purchasing power, to reduce and relieve unemployment, to improve
standards of labor, and otherwise to rehabilitate industry and to
conserve natural resources, and generally to effectuate the policies
of the Industrial Recovery Act.
B. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the interference, 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; furthermore,
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
C. Members shall comply with the maximum hours of labor, min-
imum rates of pay, and other conditions of employment, approved
or prescribed by authority of law.
C 1. The maximum hours of labor for persons doing factory work
shall be 40 hours per week. This may be increased whenever re-
quired on seasonal commodities or whenever it shall be impossible
to obtain additional competent help in the locality, but in no event
shall any person work more than 1,040 hours in twenty-six consecu-
tive weeks. This does not apply to supervisors and emergency repair
employees engaged in nonproductive work.
C 2. Nothing contained herein is intended to limit the number of
hours which a plant may operate.
C 3. The minimwn rate of pay for work done by female persons
shall be 321, cents per hour.
C 4. The minimum rate of pay for work done by male persons
shall be 35 cents per hour.
C 5. As soon as practicable, an occupational classification for the
industry shall be worked out, and minimum rates for each classifi-
cation fixed. Whenever it can be shown by authentic statistics that
the cost of living in any locality is higher than the average through-
out the country, the Association may establish the same proportion-
ate increase of minimum rates above the rates scheduled in para-
graphs C 3 and C 4 of this Code.
C 6. Persons under 16 years of age shall not be employed in pro-
ductive mechanical operations.
D. The President of the United States may from time to time
cancel or modify any order, approval, license, rule, or regulation
issued to this Association and/or any member under authority of
E. No member shall offer or contract to sell below his cost of
the goods and/or services offered or agreed to be sold; and said
cost shall be computed by the uniform principles of cost accounting
approved by the Association.
F. Members shall report in confidence cost data and such trade
statistics as may be requested or required by law to effectuate the
purposes of the Association.
G. Members shall not practice deception in regard to that which
is sold or its selling price, by false or misleading description, state-
ment, record, undisclosed consideration, deferred delivery, storage,
extension of stated credit, secret rebate, commercial bribery, allow-
ance, or gratuity to the customer or secretly to his agent, or
H. Every contract of sale -exceeding the sum of One Hundred
Dollars shall be in writing and shall include a complete statement
of the customs of the trade, and the terms of any credit granted;
said contract to be equally binding on both parties.
J. Members hall not wilfully injure or attempt to injure by
falsely defaming a competitor's goods, credit, or ability to perform
his contracts, or by wilfully inducing or attempting to induce the
breach of a competitor's contract, or by enticing away the employee
of a competitor.
K. Members shall standardize credit practices and exchange credit
information with competitors who have an interest therein.
L. Members shall furnish the Association with evidence to estab-
lish their compliance with the Code rules of the Association ap-
proved under authority of the Act.
M. Nothing herein contained or done in pursuance thereof shall
be designed to promote monopolies or monopolistic practices, or to
eliminate, oppress, or discriminate against small enterprises.
N. When approved by the President under authority of the Act,
the provisions of this Code shall apply to all label manufacturers
and they shall thereby be obligated to these Code conditions and
to their proportionate share of the expense necessary to effectuate the
purposes sanctioned by this Code, and reciprocally to receive the
Members agree that the affairs of the Association shall be directed
by a Board of Directors selected annually by vote of the member-
ship, and that said Board may delegate such authority and, with
the assent of the membership, adopt such By-Laws, Rules, and Regu-
lations and Definitions as may be consistent with these Articles and
Code and as may be necessary or advisable to effectuate the pur-
poses of the Association and the Act as herein above stated; pro-
vided, however, that no person entrusted with the confidential statis-
tics of members shall have, directly or indirectly, any financial in-
terest in the business of any member. Subject to such limitations
as may be imposed by the Industrial Recovery Act, these Articles
and Code of Fair Competition may be amended by vote of two
thirds of members present at a general meeting of the Association
duly called for such purpose, provided that written notice of the
proposed amendment shall have been sent to all members with the
call for such meeting.
(a) That application be made to the National Recovery Administration for
approval of the Code of Fair Competition of this Association and that this
recommendation be submitted to a general meeting of the Association for
(b) That said application to the President shall contain a request that a
Committee of the Board of Directors of this Association shall maintain a con-
tinuing contact with the National Recovery Administration for the study and
improvement of conditions affecting the policies and purposes of the National
Industrial Recovery Act.
(c) That said Committee shall be fully empowered to appear on behalf of
the Association and its members at any and all hearings before the National
Recovery Administration, and to act for the members to obtain the approval
of said Code by the President.
I certify that the foregoing is a true copy of a resolution duly passed at a
regular meeting of the Board of Directors of the Label Manufacturers Asso-
ciation held at Chicago on July 13, 1933, and that the action of said Board
of Directors was duly ratified at a general meeting of said Association held
in Chicago on July 13, 1933.
CHARLES R. CABBY,
Executive Manager of said Assooiation.
BY-LAWS OF THE LABEL MANUFACTURERS ASSOCIATION
1. MEETINGs.-General Meetings of the Association for the purpose of elect-
ing Directors, receiving the annual reports, and the transaction of other business
shall be held annually at a time and place selected by the Board of Directors.
Official notice of such meetings shall be mailed to the record address of each
member at least thirty days before the time appointed for the meeting. At
all meetings of the Association a quorum shall be twenty-five percent of the
members. If no quorum is present, a majority of members present may ad-
journ the meeting from time to time.
2. REPRESENTATION.-Each member shall furnish the Association with the
name of the person who is authorized to act for the member. Except as other-
wise provided by law or in these By-Laws, action by members of the Associa-
tion in meeting duly assembled shall be by affirmative vote of the majority
of members present in person or by proxy, and each member of the Association
shall be entitled to one vote and shall have the right to delegate such power
by proxy in writing. No employee of the Association shall act as proxy.
3. SPECIAL MEEINos.-When requested in writing by ten percent of the
members, a special meeting of the Association shall be called for the special
purposes which shall be stated in the call for the meeting and which shall be
the only business of said meeting.
4. MAIL VoTE.-Whenever the Board of Directors may deem it advisable, they
may request a mail vote of the members on any question not required by these
By-Laws to be considered in annual meeting. The question thus presented
shall be determined according to a majority of the votes received by mail.
The Board of Directors may specify a reasonable time limit within which mail
votes must be received. Any question decided by mail vote shall have the
same force and effect as if decided in a regular meeting.
5. THE ORDER OF BUSINESS at all meetings shall be as follows: (1) Call to
order. (2) Action on minutes. (3) Receiving communications. (4) Reports
of committees. (5) Unfinished business. (6) Elections. (7T New Business.
Any question as to priority of business shall be decided by the chair without
debate. The chair may require that only one representative of each member
shall have the privilege of the floor. Unless otherwise provided in these By-
Laws, the parliamentary rules as laid down in Roberts' Rules of Order shall
govern all debates.
6. BOARD OF DIRECTORs.-The affairs of this Association shall be directed
by a Board of eleven Directors who shall be elected from among the members
at the organization meeting of the Association and thereafter at each annual
meeting. The term of office of Directors begins when they are declared duly
elected. The Board of Directors shall declare the rules and policies of the Asso-
ciation. The Board of Directors may appoint such committees as they may
deem advisable for the consideration of special subjects. The Board of Direc-
tors shall have power in specific instances to delegate their authority to a com-
mittee of not less than three Directors.
7. ELETrION OF DIRECTORS.-The voting for Directors shall be cumulative and
each member shall be entitled to as many votes as there are Directors to be
elected, and he may cast such votes for one Director or distribute them among
the nominees. At least twenty-four hours before the annual election of Direc-
tors, the Chairman of the Board shall appoint a Nominating Committee of five
members, which may include not more than two members of the existing Board
of Directors and it shall be the duty of said Committee to nominate at said
election eleven members' representatives to be voted upon for Directors of the
Association. The Chairman of said meeting shall also invite nominations from
the floor, ani any member shall have the privilege of making a nomination
from the floor. The tellers of said election shall provide ballots containing the
names of all persons nominated for Directors. Vacnacies in the Board of
Directors may be filled by appointment of the Board for the unexpired portion
of the term of any Director.
8. MEETINGS OF THE BOARD or DIRECTORS shall be held as often as the Board
may deem necessary, provided that reasonable notice thereof shall be given to
all Directors. A majority of the Directors shall constitute a quorum for the
transaction of business. The Executive Manager shall act as Chairman of the
Board of Directors. The funds of the Association shall be used to reimburse
the Directors for necessary expenses incident to attending Board meetings
other than at the time of a general meeting of the Association.
9. ExEcuirvB MANAGER.-The Board of Directors shall select and employ an
executive manager who shall be responsible for the administration of the affairs
of the Association in accordance with the policies approved by the membep4hip:
and declared by the Board of Directors, and he shall act as Chairman of the
Board of Directors and of all meetings of the Association, and shall decide .all
questions involving the interpretation of the declared rules and policies of the
Association. The Executive Manager shall have authority to select and employ
such assistants as may be necessary to effectuate the policies of the Association.
and as may be authorized by a duly approved Expense Budget. The Executive
Manager shall cause to be kept a full and accurate record of all transactions of
10. EXPENBE BUDTrr.-The expense budget necessary to effectuate the policies
of the Association shall be determined by the Board of Directors with the
approval of the membership. When voting on the Expense Budget, the votes of
each member shall be weighted by multiplying each vote by the dollars of dues
charged to the voter during the month in which the vote is taken. It shall be
the duty of the Executive Manager to collect as dues from each member the
proportion of said budget that each member's sales of labels bear to the total
label sales of all members. The dues shall be paid monthly; statements thereof
shall be rendered in advance on the first day of each month and shall be pay-
able by the twentieth of each month.
11. DEPOSITORY.-All receipts shall be deposited in a bank designated by the
Board of Directors and may be paid out only by check signed by at least two
persons who shall be selected by the Board of Directors.
12. BONDS.-The Board of Directors may, in their discretion, require that
a fidelity bond be furnished by any or all employees, the expense thereof to be
paid from the funds of the Association.
13. AUDIT.-The Board of Directors shall cause the books and accounts of the
Association to be audited within sixty days preceding each annual meeting, by
auditor of recognized responsibility, and shall submit the report of said auditor
to the members at the next annual meeting.
14. CONFIDENTIAL STATISTICS.-No person entrusted with the confidential
statistics of members shall have, directly or indirectly, any financial interest
in the business of any member.
15. AMENDMENTS.-The Board of Directors may at any time amend or enact
such By-Laws, rules, definitions, or declarations of policy as may be consistent
with the Articles and Code of Fair Competition, provided, however, that no
member shall be bound who has not been given notice thereof. Rules, defi-
nitions, and declarations of policy shall have the force and effect of By-Laws
when duly promulgated by the Board of Directors and issued to members.
Notice shall be given members by mailing to the record address furnished the
Association. Said amendment, rule, definition, or declaration of policy shall
be effective from the time it is adopted by the Board of Directors unless a
member, on receipt of notice thereof, shall request a referendum submitted to
ihe membership, in which event said amendment, rule, definition, or declaration
of policy shall be suspended pending the result of the referendum vote. Any
member who requests a referendum shall write and sign his arguments, to be
submitted on said referendum, and the Board of Directors may also submit
arguments in relation thereto.
16. THE FUNDS AND PROPERTY of the Association shall at all times remain
rested in the Association, and no member shall have any residuary or con-
tingent interest therein.
UNIVERSITY OF FLORIDA
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