Code of fair competition for the bowling and billiard equipment industry and trade as approved on March 30, 1935

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Title:
Code of fair competition for the bowling and billiard equipment industry and trade as approved on March 30, 1935
Portion of title:
Bowling and billiard equipment industry and trade
Physical Description:
p. 73-85 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Bowling -- Equipment and supplies -- United States   ( lcsh )
Billiards -- Equipment and supplies -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1657-1-06."
General Note:
"Approved Code No. 557."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938049
oclc - 649405519
System ID:
AA00006401:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

BOWLING AND BILLIARD EQUIPMENT


INDUSTRY AND TRADE


AS APPROVED ON MARCH 30, 1935


WE DO OUR PART


i


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


S
Forsaleby theSuperintendentof Documentsl Washington, D.C. - Price5 cents


Approved Code No. 557


Registry No. 1657-06
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:
Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Md.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohio.: 520 Bulkley Building-.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Feilerll Building.
Houston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles. Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exrbhange Building.
Pliil;ielilhifa, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Buildin-2.
Providence, R. I.: National Exchrang Bank Building, 17 Exchange
Street.
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 785 Market Street.
Seattle, Wash.: 1730 Exchange Building.












Approved Code No. 557


CODE OF FAIR COMPETITION
FOR THE

BOWLING AND BILLIARD EQUIPMENT INDUSTRY
AND TRADE

As Approved on March 30, 1935


ORDER
CODE OF FAIR COMPETITION FOR THE BOWLING AND BILLIARD EQUIP-
MENT INDUSTRY AND TRADE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Bowling and Billiard Equipment Industry
and Trade, and hearing having been duly held thereon and the
annexed report on said Code, containing findings with respect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate
by reference said annexed report and does find that said Code com-
plies in all respects with the pertinent provisions and will promote
the policy and purposes of said Title of said Act; and does hereby
order that said Code of Fair Competition be and it is hereby
approved.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Approval recommended:
JOHN W. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
March 30, 1935.


125574--1749-8-35


(73)











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: The Public Hearing on the Code of Fair Competition for the
Bowling and Billiard Equipment Industry and Trade of the United
States, submitted by the Bowling and Billiard Equipment Associa-
tion, 111 West Washington Street, Chicago, Illinois, was conducted
in Washington, D. C., on the 17th day of November, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.
The Association claims to represent 80 percent, by volume, of the
Industry.
The hours established under the Code are forty-eight (48) per
week and eight (8) per day, provided that at least one and one-third
times an employee's normal rate of pay is paid for all hours worked
in excess of forty (40) per week.
Exceptions are allowed for watchmen, who may be employed
fifty-six (56) hours per week; firemen and out-ide deliverymen, who
may be employed forty-four (44) hours per week; employees en-
gaged in installation, repair or erection work, who may be employed
forty-eight (48) hours per week for a period not to exceed twelve
weeks during any calendar year; executives and managers receiving
not less than thirty-five dollars ($35.00) per week, and outside sales-
men.
Due to the shortening of hours the increase in employment will
be approximately sixteen percent.
The minimum wages establlished under this Code are forty cents
(400) per hour. Ottice employees shall receive a minimum of fifteen
dollars ($15.00) per week. Wages throughout the industry will be
increased approximately 20.5 percent through the adoption of the
Code.
Exception to the minimum wage are allowed to employees en-
gaged in wrapping, labeling, packing or off-bearing operations, who
shall receive at least thirty-five cents (350) per hour. An exception
is also allowed to office boys and otlice girls under twenty-one years
of age who shall receive at least thirteen dollars ($13.00) per week
and shall not exceed five percent of a member's office and clerical
employees or one in number, whichever is the higher. Exceptions
are also allowed to handicapped persons whose earning capacity is
limited, provided the employer obtains a certificate authorizing such
employment from the State authority designated by the United
States Department of Labor.
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
(74)







removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said Industry and Trade normally employs not more than
50,000 employees, and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is a trade association truly representative of the aforesaid
Industry and Trade; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From the
evidence adduced during this hearing and from recommendations
and reports of the various Advisory Boards, it is believed that this
Code in its present formi represents an effective, practical, equitable
solution for this Industry and for these reasons this Code has been
approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
MARCH 30, 1935.












CODE OF FAIR COMPETITION FOR THE BOWLING AND
BILLIARD EQUIPMENT INDUSTRY AND TRADE
ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial Re-
covery Act, this Code is established as a Code of Fair Competition
for the Bowling and Billiard Equipment Industry and Trade and its
provisions shall be the standards of fair competition for such In-
dustry and Trade and shall be binding upon every member thereof.
ARTICLE II-DEFINITIONS
SECTION 1. The term Bowling and Billiard Equipment Industry
and Trade or Industry as used herein includes the manufactur-
ing, building, repairing, installing, selling and/or distributing at
wholesale and/or retail by the manufacturer, wholesaler, and/or
retailer of the equipment, accessories and/or supplies used in the
games of bowling and billiards as defined hereinafter and such
branches or subdivisions thereof as may from time to time be in-
cluded under the provisions of this Code. The term shall not in-
clude sub-retailers, as defined in Section 7 of this Article.
SECTION 2. The term Equipment" as used herein consists of a
unit installation to the consumer of new bowling alley and/or bil-
liard tables of any description, together with all necessary accessories
or supplies purchased as a part of that sale, such as balls, bowling
pins, billiard cues, racks, chalk, as used in bowling and billiards.
SECTION 3. The term supplies as used herein consists of such
accessories as are mentioned in Section 2 of this Article, together
with repair materials such as cloth, pockets and trimmings, and
cushions, sold after the original installation to persons and/or insti-
tutions already possessing bowling alleys and/or billiard tables.
SECTION 4. The term manufacturer as used herein is a person
who operates a factory, shop or fabricating establishment converting
raw or semi-finished materials into finished or semi-finished bowling
and/or billiard equipment supplies.
SECTION 5. The term wholesaler" as used herein is a person ac-
tively engaged in buying, assembling, or re-handling bowling and/or
billiard equipment, and supplies from manufacturers thereof or from
other wholesalers and retailers and who maintains risks and such
other obligations as are incident to the transportation and distribu-
tion of bowling and/or billiard equipment and supplies at wholesale.
SECTION 6. The term "retailer" as used herein is one who main-
tains a place of business with storage and handling facilities, a sales
organization for the consumer trade and who carries a stock adapted
to the normal needs of the consumer in his sales territory.
SECTION 7. The term "sub-retailer" as used herein is any person
not engaged as a bowling alley owner or operator, or billiard-room
(76)








keeper, nor an employee of either but one who purchases bowling
and/or billiard supplies for resale, but who does not provide the fa-
cilities of a retailer or carry a stock of merchandise and therefore
does not qualify as a retailer within the definition of Section 6
of this Article
SECTION 8. The term member of the industry or member in-
cludes anyone engaged in the industry as above defined, either as
an employer or on his own or its own behalf.
SECTION 9. The term employee as used herein, includes anyone
engaged in the industry in any capacity receiving compensation for
his services irrespective of the nature or method of payment for such
compensation, except a member of the Industry.
SECTION 10. The term employer as used herein, includes anyone
by whom any such employee is compensated or employed.
SECTION 11. The terms "President ", "Act" and "Board as used
herein, shall mean respectively the President of the United States,
the National Industrial Recovery Act, and the National Industrial
Recovery Board.
ARTICLE III-HOURS

SECTION 1. No employee, except as hereinafter provided, shall be
permitted to work in excess of forty (40) hours in any one week
unless such employee is paid at least one and one-third times his
normal rate of pay for all hours worked in excess of forty (40) per
week, but in no event shall any such employee be permitted to work
in excess of forty-eight (48) hours in any one week, nor more than
eight (8) hours in any one day, nor more than six (6) days in any
seven-day period.
SECTION 2. No employee engaged in office or clerical work shall be
permitted to work in excess of forty (40) hours in any one week, nor
more than eight (8) hours in any twenty-four (24) hour period.
SECTION 3. No watchman shall be permitted to work in excess of
fifty-six (56) hours in any one week, nor more than six days in any
seven day period.
SECTION 4. No fireman nor outside delivery man shall be permitted
to work in excess of forty-four (44) hours in any one week.
SECTION 5. No employee engaged in installation, repair or erection
work shall be permitted to work in excess of forty (40) hours in any
one week, except that for twelve (12) weeks during any calendar
year these employees may be permitted to work not to exceed forty-
eight (48) hours in any one week.
SECTION 6. The provisions of this Article shall not apply to em-
ployees engaged in an executive or managerial capacity who receive
not less than thirty-five dollars ($35.00) per week, nor to outside
salesmen.
SECTION 7. The maximum hours fixed by the foregoing sections
shall not apply to any employee on emergency maintenance or emer-
gency repair work involving breakdowns or protection of life or
property, but in any such special case, at least one and one-half
times his normal rate of compensation shall be paid for all hours
worked in excess of forty (40) hours per week.
SECTION 8. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at work for







another employer or employers in this industry, exceeds the maxi-
mum permitted herein.
SECTION 9. Employers who personally perform manual labor or are
engaged in mechanical operations shall not. work in excess of the
prescribed maxinmun number of hours.
ARTICLE IV-WAGES
SECTION 1. No employees, except as hereinafter provided, shall be
paid less than at the rate of forty (40) cents per hour.
SECTION 2. No employee engaged in wrapping, labeling, packing,
or off-bearing operations shall be paid less than at the rate of thirty-
five (35) cents per hour.
SECTION 3. No clerical or office employee, except office boys and
office girls under 21 years of age, shall be paid at a rate less than
fifteen dollars ($15.00) per week. No office boy or office girl under 21
years of age shall be paid less than at the rate of thirteen dollars
($13.00) per week and the total number of such employees receiving
less than $15.00 per week may not be more than one in number or
five percent (5%) of the total number of such member's office and
clerical employees, whichever is higher.
SECTION 4: This Article establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on time rate, piecework performance or other basis.
SECTION 5. No hourly, daily or full-time weekly compensation for
employees shall be less than such compensation existing as of June
16, 1933, and no employee shall be paid a wage rate which will yield
a less wage for the shorter full-time week herein established than he
could have earned for same class of work for the longer full-time
week existing as of June 16, 1933. Wage increases established under
the President's Reemployment Agreement shall at least be main-
tained. In no event shall hourly rates of pay be reduced irresl)ec-
tive of whether compensation is actually paid on an hourly, weekly
or other basis, nor shall any wages be at less than the minimum rates
provided herein. Within thirty days after the effective date of this
Code each member of the industry shall submit to the Code Au-
thority a detailed report concerning such adjustment and the Code
Authority shall report same to the National Industrial Recovery
Board.
SECTION 6. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
SECTION 7. A person whose earning capacity is limited because
of age, physical or mental handicap, or other infirmity, may be
employed on light work at a wage below.the minimum established
by this Code, if the employer obtains from the state authority, desig-
nated by the United S tAes Department of Labor, a certificate au-
thorizing such person's employment at such wages and for such hours
as shall be stated in the certificate. Such authority shall be guided
by the instructions of the United States Department of Labor in
issuing certificates to such persons. Each employer shall file monthly
with the Code Authority a list of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for all
such employees.








SECTION 8. Wages shall be paid only in cash or by negotiable
checks, payable on demand.
ARTICLE V-GENERAL LABOR PROVISIONS

SECTION 1. No person under sixteen (16) years of age shall be
employed in this industry. No person under eighteen (18) years
of age shall be employed at operations or occupations which are
hazardous in nature or detrimental to health.
The Code Authority shall submit to the Board within sixty (60)
days after the effective date of this Code a list of such operations
or occupations. In any state an employer shall be deemed to have
complied with these provisions as to age if he shall have on file a
certificate or permit duly issued by the authority in such State
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.
SECTION 2. 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 em-
ployers of labor or their agents in the designation of such repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protec-
tion.
SECTION 3. 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 organiza-
tion of his own choosing.
SECTION 4. Employers shall comply with the maximum hours of
labor, minimum rates of pay and other conditions of employment
approved or prescribed by the President.
SECTION 5. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
SECTION 6. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards for safety and health shall be submitted by the
Code Authority to the Board within three months after the effective
date of the Code.
SECTION 7. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
SECTION 8. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the industry shall comply with all rules and regulations rela-
tive to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the Board.
SECTION 9. No employer shall dismiss or demote any employee for
making a complaint or giving evidence with respect to an alleged
violation of the provisions of any Code.








ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE
AUTHORITY

ORGANIZATION AND CONSTITUTION

SECTION 1. A Code Authority is hereby established to cooperate
with the Board in the Administration of this Code and shall con-
sist of five (5) members, or such other number as may be approved
from time to time by the Board, to be chosen by the Industry
through a fair method of selection, under a plan approved by the
Board. The Board in its discretion may appoint not more than
three (3) additional members without vote, to serve for such period
of time and to represent the Board or such group or groups as it
may designate. Each industry member of the Code Authority shall
be from a different member of the Industry. Industry members of
the Code Authority shall serve for one year, or until their succes-
sors are elected.
SECTION 2. Each trade br industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall impose no inequitable restrictions on membership, and
shall submit to the Board true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Board may deem necessary to effectuate the
purposes of the Act.
SECTION 3. In order that the Code Authority shall at all times be
truly representative of the industry and in other respects comply
with the provisions of the Act, the Board may prescribe such hearings
as it may deem proper; and thereafter if it shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may require an appropriate
modification of the Code Authority.
SECTION 4. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee of the
Code Authority. Nor shall any member of the Code Authority, exer-
cising reasonable diligence in the conduct of his duties hereunder, be
liable to anyone for any action or omission to act under this Code
except for his own willful mal-feasance or non-feasance.
SECTION 5. If the Board shall determine that any action of a Code
Authority or any agency thereof may be unfair or unjust or contrary
to the public interest, the Board may require that such action be sus-
pended to afford an opportunity for investigation of the merits of
such action and further consideration by such Code Authority or
agency pending final action which shall not be effective unless the
Board approves or unless it shall fail to disapprove after thirty (30)
days' notice to it of intention to proceed with such action in its
original or modified form.







POWERS AND DUTIES
SECTION 6. Subject to such rules and regulations as may be issued
by the Board, the Code Authority shall have the following powers
and duties, in addition to those authorized by other provisions of this
Code.
(a) To administer the provisions of this Code, to provide for com-
pliance of the Industry with the provisions of the Act and of this
Code, and to propose and submit to the Board on behalf of the Indus-
try, modifications, amendments and/or exceptions to this Code, which
shall become a part hereof upon approval by the Board after such
notice and hearing as it shall specify.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code, which
information and reports shall be collected by a confidential and dis-
interested agency of the Code Authority. In addition to informa-
tion required to be submitted to the Code Authority, members of the
industry subject to this Code shall furnish such statistical informa-
tion as the Board may deem necessary for the purposes recited in
Section 3 (a) of the Act to such Federal and State agencies as he may
designate; provided that nothing in this Code shall relieve any mem-
ber of the industry of any existing obligations to furnish reports to
any Government agency. No individual report shall be disclosed to
any other member of the industry or any other party except to such
other Governmental agencies as may be directed by the Board.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Board for the coordination
of the administration of this Code with such other codes, if any, as
may be related to or affect members of the industry.
(f) 1. It being found necessary in order to support the administra-
tion of this code and to maintain the standards of fair competition
established hereunder and to effectuate the policy of the Act, the
Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Board for its approval, subject to such
notice and opportunity to be heard as it may deem necessary (1) an
itemized budget of its estimated expenses for the foregoing purposes,
and (2) an equitable basis upon which the funds necessary to support
such budget shall be contributed by members of the industry;
(c) After such budget and basis of contribution have been ap-
proved by the Board, to determine and obtain equitable contribution
as above set forth by all members of the industry, and to that end,
if necessary, to institute legal proceedings therefore in its own name.








2. Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the Board. Only members of
the industry complying with the Code and contributing to the ex-
penses of its administration as hereinabove provided, unless duly
exempted from making such contributions .shall be entitled to par-
ticipate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insignia of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount con-
tained in the approved budget, except upon approval of the Board;
and no subsequent budget shall contain any deficiency item for
expenditures in excess of prior budget estimates except those which
the Board shall have so approved.
(g) To recommend to the Board any action or measures deemed
advisable, including further fair trade practice provisions to govern
members of the industry in their relations with each other or with
other industries; measures for industrial planning, and stabiliza-
tion of employment; and including modifications of this Code which
shall become effective as part hereof upon approval by the Board
after such notice and hearing as it may specify.
(h) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to the industry for the purposes of formulat-
ing fair trade practices to govern the relationships between employ-
ers under this code and under such other codes to the end that such
fair trade practices may be proposed to the Board as amendments
to this code and such other codes.
(i) To provide appropriate facilities for arbitration and, subject
to the approval of the Board, to prescribe rules of procedure and
rules to effect compliance with awards and determinations.
ARTICLE VII-UNFAIR TRADE PRACTICES
The following practices enumerated in this Article VII shall
constitute unfair methods of competition for all members of the
industry and are prohibited. In addition thereto the provisions
listed in Schedule A, attached hereto and made a part of this Code,
shall apply in addition to the provisions of this Article VII, re-
spectively, to the following Division of the Industry:
Schedule A shall apply to Retail members only.
SECTION 1. No member of the Industry shall falsely mark or brand
any product of the Industry in any manner which has the tendency
to mislead or deceive customers or prospective customers, whether
as to grade, quality, quantity, substance, character, nature, origin,
size, finish or preparation of any product of the Industry, or other-
wise.
SECTION 2. No member of the Industry shall publish advertising
(whether printed, radio, display or of any other nature) which is
misleading or inaccurate in any material particular, nor shall any
member in any way misrepresent any goods (including but without







limitation its use, trade mark, grade, quality, quantity, origin, size,
substance, character, nature, finish, material content or preparation)
or credit terms, values, policies, services, or the nature or form of
the business conducted.
SECTION 3. No member of the Industry shall give, permit to be
given or directly offer to give, anything of value for the purpose of
influencing or rewarding the action of any employee, agent or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. Com-
mercial bribery provisions shall not be construed to prohibit free and
general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
SECTION 4. No member of the Industry shall wilfully induce or
attempt to induce the breach of an existing oral or written contract
between a competitor and his customer or source of supply, or inter-
fere with or obstruct the performance of any such contractual duties
or services.
SECTION 5. No member of the Industry shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount or excess allowance, whether in the form of
money or otherwise, nor shall a member of the Industry offer or
extend to any customer any special service or privilege not extended
to all customers of the same class, for the purpose of influencing
a sale.
SECTION 6. No member of the Industry shall defame competitors
by falsely imputing to them dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false repre-
sentations or by the false disparagement of the grade or quality of
their goods.
SECTION 7. No member of the Industry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
customers. Failure to prosecute in due course shall be evidence that
any such threat is unwarranted or unjustified.
SECTION 8. No member of the Industry shall secure information
from a competitor concerning his business by a false or misleading
statement or representation, by a false impersonation of one in author-
ity, or by bribery or by other unfair method, or secret means where
the effect may be to hinder or stifle competition.
SECTION 9. No member of this Industry shall fail to make proper
invoices at time of shipment and such invoices, together with credit
memoranda and all other documents relating to the sale, shall clearly
and accurately state all of the essential elements of the sale, including
types and sizes of products, quantities, prices, credit terms, discount,
allowances, date of order, date of shipment, and other pertinent,
information.
SECTION 10. No member of this Industry shall post-date or pre-
date quotations, orders, invoices, statements or other sales documents.
SECTION 11. No member of the Industry shall group various items
in lots for which the price is below the aggregate list price of such
items when considered separately.








SECTION 12. No member of the Industry shall offer or give prizes,
premiums, or gifts in connection with the sale of products, or as an
inducement thereto, either directly or indirectly by any scheme which
involves lottery, misrepresentation or fraud. This section shall not
be construed to prohibit free and general distribution of articles
commonly used for advertising except so far as such articles are
actually used for commercial bribery as hereinabove defined.

ARTICLE VIII-EXPORT TRADE

No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or ship-
ments for export trade. Export Trade shall be as defined in the
Export Trade Act adopted April 10, 1918.
ARTICLE IX-MODIFICATION

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regula-
tion issued under Title I of said Act.
SECTION 2. Such of the provisions of this Code as are not required
to be included herein by the Act may, with the approval of the Board,
be modified or eliminated in such manner as may be indicated by the
needs of the public, by changes in circumstances, or by experience.
All the provisions of this Code, unless so modified or eliminated,
shall remain in effect until June 16, 1935.

ARTICLE X-MONOPOLIES, ETC.

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress or discrimi-
nate against small enterprises.

ARTICLE XI-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods or
services increase as rapidly as wages, it is recognized that price in-
creases except such as may be required to meet individual cost,
should be delayed, and when made, such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.
ARTICLE XII-EFECTVE DATE

This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 557.
Registry No. 1657-06.














SCHEDULE A


Additional provisions which shall apply to Retail members of the Industry
only.
ARTICLE I-OPEN PRICE

SECTION 1. Each member of the Industry shall file with a confidential and
disinterested agent of the Code Authority or, if none, then with such an agent
designated by the Board, identified lists of all his prices, discounts, rebates,
allowances, and all other terms or conditions of sale, hereinafter in this Article
referred to as "price terms which lists shall completely and accurately con-
form to and represent the individual pricing practices of said member. Such
lists shall contain the price terms for all such standard products of the Industry
as are sold or offered for sale by said member and for such non-standard prod-
ucts of said member as shall be designated by the Code Authority. Said price
terms shall in the first instance be filed within thirty (30) days after the date
of approval of this provision. Price terms and revised price terms shall become
effective immediately upon receipt thereof by said agent. Immediately upon
receipt thereof, said agent shall by. telegraph or other equally prompt means
notify said member of the time of such receipt. Such lists and revisions, to-
gether with the effective time thereof, shall upon receipt be immediately and
simultaneously distributed to all members of the Industry and to all of their
customers who have applied therefore and have offered to defray the cost ac-
tually incurred by the Code Authority in the preparation and distribution
thereof and be available for inspection by any of their customers at the office of
such agent. Said lists or revisions or any part thereof shall not be made
available to any person until released to all members of the Industry and their
customers, as aforesaid; provided, that prices filed in the first instance shall
not be released until the expiration of the aforesaid thirty (30) day period after
the approval of this Code. The Code Authority shall maintain a permanent
file of all price terms filed as herein provided, and shall not destroy any
part of such records except upon written consent of the Board. Upon request
the Code Authority shall furnish to the Board or any duly designated agent of
the Board copies of any such lists or revisions of price terms.
SECTION 2. When any member of the Industry has filed any revision, such
member shall not file a higher price within forty-eight (48) hours.
SECTION 3. No member of the Industry shall sell or offer to sell any products
and/or services of the Industry, for which price terms have been filed pursuant
to the provisions of this Article, except in accordance with such price terms.
SECTION 4. No member of the Industry shall enter into any agreement, under-
standing combination or conspiracy to fix or maintain price terms, nor cause
or attempt to cause any member of the Industry to change his price terms by
the use of intimidation, coercion, or any other influence inconsistent with the
maintenance of the free and open market which it is the purpose of this Article
to create.
ARTICLE II-TERMS

SECTION 1. No terms of payment shall be more liberal than five percent
(5%) fifteen (15) days, two percent (2%) tenth of the following month, except
that bowling pins and bowling alley and billiard table repair work sold during
the months of June, July, or August may be subject to payment in installments
of one-third on or before October 10th, one-third on or before November 10th,
and the balance on or before December 10th, subject to a five percent (5%)
discount if paid on or before the due date of each payment, but subject to
six percent (6%) interest after maturity of each payment.
(85)




UNIVERSITY OF FLORIDA
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