Code of fair competition for the blackboard and blackboard eraser manufacturing industry as approved on August 23, 1934

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Material Information

Title:
Code of fair competition for the blackboard and blackboard eraser manufacturing industry as approved on August 23, 1934
Portion of title:
Blackboard and blackboard eraser manufacturing industry
Physical Description:
p. 117-129 : ; 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:
Blackboards -- Law and legislation -- United States   ( lcsh )
Erasers -- 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. 1698-07."
General Note:
"Approved Code No. 505."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938033
oclc - 649394480
System ID:
AA00006437:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION



BLACKBOARD

AND BLACKBOARD ERASER

MANUFACTURING INDUSTRY


I' I
For sale by the Superintendent of Docnments, Washington, D.C. - Pirie 5 cents


Registry No. 1698--07


Approved Code No. 505


AS APPROVED ON AUGUST 23, 1934


UNITED STATES
COVERNMVENT PRINTING OFFICE
WASHINGTON :1934


r-
a
7























This publication is for sale by the Superintendent of Documents, Government
Printing O~fiee, Washington, D.C., and by district offIices of the Bureau of
Foreign and Domestic Commerce.
PI3STRICT OFFICES OF TH~E DEPARTMENT OF COMMbERCH
Atlanta, Ga.: 504 Post Office Building.
Firmingham, Ala.: 257 Federal Building.
Post~on, Mlass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chiamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallsa, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 501 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Iiansas City, Mlo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadw~ay.
Louisville, Ky.: 408 Federal Building.
hlemphis, Tenn.: 229 Federal Building.
Ilinneapolis, Mlinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
N'ew Y'orki, N.Y'.: 734 Customhouse.
N'orfolki, Va.: 406 East. Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgb, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Rlo.: 506 Olive Street.
Ean Francisco, Calif.: 310 Customhouse.
Seattle, W'ash.: 809 Federal Office Building.













Approved Code No. 505


COD'E: OF FAIR COMPETITION
FOR THE

BLACKBOARD ~ANlD IBLAGCKB/OARQD E1RASEIR
MANUFACTURING G INDUSTRYi

As Approved on August 23, 1934


ORDE[IR

CODE OF PAIR COMPETITION FOR TIEi BLACKBOARD AND BLACKBOARD
ERASER IM1ANUFAC~TRINGI INDUSTRY

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 Blackrboard and Blackboard Eraser Manu-
facturing Industry, and hearing having been duly held thereon and
the annexed report on said. Code, containing findings with respect
thereto, having been made anrd directed to thne President:
NOWi, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Joh~nson, Administrator for Industrial Recovery,
pursuant to authority vested in me by 1Executive Orders of the
President, including Executive Order No~. 6543-A13, dated D~ecember
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote thze policy and
purposes of said Title of said ~Act; and do hereby order that said
Cod~e of Fair Competition be and it is hereby approved.
Husan S. JoHNson,
Administrator for Inzdustrial Recovery.
Approval recommended.
BARToN WV. MZURRAY~,
Divisiont Adm~inistrator.
WASHINGTONJ, D.C.,
August f3, 1934.


(11?)


82064 "---1 044-1 04---34













REPORT TO THE PRESIDENT


The PRESIDENT,
Thle Wlhite House.
SmR: The public hearing on the Code of Fair Competit~ion for
the Blackboard and Blackboardl Eraser Manufacturing Industry of
t~he United States, submitted by the National School Supply Asso-
ciation, 176 WTest Adams Street, Chicago, Illinois, was conducted
in Wshigton D.. onthe25thdayof April, 1934, in accordance
withl t~he provisions of the National Idsra eoeyAt h
Association claims to represent 90 percent., by volume, of the
Industry.
TIhe hours established under the Code are. 40 per week, with the
exception of one period, not to exceed 12 weeks in any calendar year,
during which period employees may be permlitted to workr 48 hours
per week, provided they are paid at least one and one-half times
the normal rate of pay for all hours worked in excess of 40 per
w~eek.
Exceptions are allowed for wsatchmien, who may be employed 56
hours per week, and for traveling salesmen, executives, admlinist~ra-
tive and,/or supervisory employees who receive $35.00 or more per
week.
The minimum. wages established under this Code are 410 cents per
hour for matles andl 35 cents per hour for females. Office employees
shall receive a miinimumn of $15.00 per week. Protection of employees
on piecewrork- performance is guaranteed.
Exceptions to the minimum wages are allowed to office: boys and
office girls under eighteen years of age, who shall receive at least
80%51 of the minimnu m wage. The number of such employees is liml-
ited to five percent of the total number of office employees. Excep-
tions are also allowed to handlicappedl persons whose earning capacity
is limited, provided the employer obtains a certificate authorizing
such employment fr~om the State authority designated by the United
States Departmnent of Labor.
The Deputy Administrator in his final report to me on said Clode
having found as herein set forth andl on the basis of all the proceed-
ings in this matter:
I find that:
(a5) Said Code is well desiganedl to promote the policies and pur-
poses of Title I of the National Ind'ustrial Recovery Act, including
removal of obstructions to the. free! flow of interstate and for~eigrn
commerce which tend to diminish the amount thereof andl will pro-
vide for the general welfare by promoting the organization of in-
dustry for th1e purpose of cooperative action amnongr trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nat~ing ulnfazir competitive~ practices, by promoting the fullest possi-
(118)






119


ble utilization of the present productive capacity o~f indust~riesi, by
avoiding undue restriction of production (except as ma~y be tem-
porarily required), by inrertasing the consumnption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standtards of
labor, andl byv ot~herwrlise rehabilitatinga indlustry.,
(b) Said Industry normnall~y employs not mlore than 50,000 em-
ployees; and is not classified by me a.s a major industry.
(c) The C'ode as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limzita-
tion Subsection (a) of Section 3, Subsection (at) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant asso-
ciation is a trade association truly representative of the aforesaidl
Industry; and t~hart said association imposes no inequitable restric-
tions on admlision to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The C'ode 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 econom-~ic process hav~e 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. FErom the evi-
denlce acdduced during this hearing and from recommendations and
reports from the various Advisory Boards, it is believed that this
Code as now proposed and revised represents an effective, practical,
equitable solution for this ~Industry and for these reasons has been
approved.
Respectfully,
HuFran S. JoHNson,
Administrator.
AUGUrST 23, 1934.













CODE OF` FAIR COMPETITION FOR THE BLACKBOARD
AND BLACKBOARD ERASER MANUFACTURING IN-
DUSTRY

ARTICLE -PFURPOS(ES

To effect the policies of Title I of t~he National Industrial Recov-
eryI Act., this Code is established as a Code of Fair Competition for
the Blackboard and Blackboard Eraser Manufacturing Industry,
and its provisions shall be the standards of fair competition for such
Industry and be binding upon every member thereof.
ARTICLE II-DEFINITIONS

1. The termn Industry as used herein includes the manufacture
and sale by the manufacturer of manufactured blackboard and black-
board erasers (except slate black~boards) and. such related branches
or subdivisions as maytl from time to time be included under the pro-
visions of this Code.
2. The termi "L member of the Industry "' or member includes but
without limitation any individual, partnership, association, corpora-
tion, or other for'm of enterprise engaged in the Industry, either as
an emnployer or on his or its ow~n behalf.
3. Thle term emplooyee as used herein includes any and all
persons engaged in the Indusftry, however, compensated, except a
mremiber of the Indlustry.
4. The term employer as used herein means anyone by whomu
such employee is compensated or employedl.
5. The termls President ", "Act ", and "Administrator as used
herein mean respectively, thet Presidlent of thle United States, Title I:
of the National Industrial Recovery Act,! and the Adlministrator
for Industrial Recovery.
ARTICLE III HoUns

SECTION i. NO emplOgee, except aS hereinafter provided, shall be
permitted to w~orke in excess of forty (40U) hours in anly one w~eek or
eight (8) hours in any one day; except that in case of seasonal demand
,periods employees may be permitted to w~ork forty-eighlt (418) hours
in anly one week, but .not, more than eight (8) hours inl any one dlay;
prondiced, however, that at. least time and one-half the normal rate
of pay shall be paid for all hours in excess of forty (40) per w~eeki.
The. peak period shall not exceed twelve (12) weeks in any calendar
y~ear.
SlECToIO 2. The provisions of Section 1 of this Article shall not
apply7 to w~atchmen, who may be employed not to exceed2 ffty-six
(56) hours per week, traveling salesmen or to employees engaged in
(120)






121


an executive, administrative andl/or superv~isory capacity who receive
thirtyr-five dollars ($35.00) or more per wFceek. Foremnen engaged
in mechanical operations or manual labor are not included in the
above exemption.
SECTION ;3. Employers or members of the Industry who personally
perform ma~nual work or are engaged in mechanical operations shall
subject to the same maximum hours provided in this Article
for employees.
SECTION 4. No employees shall be p~ermlitted to work: more than
six (~6) days in any seven (7) day period.
SECTION 5. No employer shall knowingly permit anly employee
to work~ for anyS time which, when added to the timer spent at work
for another emnployer or employers in this industry exceeds the
maximumn pernuttedf herein.
Annousrp IV W~7AGES
SECTION i. (R) NO male employee shall be paid in any pay period
less than at the rate of forty cents (40$) per hour, except as herein-
after provided.
(b) No female employee shall be paid in any pay period less than
at the rate of thirty-five cents (35rC) per hour, except as hereinafter
provided~.
SSECTIO)N 2. NO accounting, Clerical, Offic6, Ser~Vice, Or Sales employee
(including outside salesmen) shall be paid less than at the rate
of fifteen dollars ($1~5.00) per week. Office boys and office girls
under eighteen years of age shall be paid not less than at the rate
of eighty percent (80%0) of the above minimum, provided that the
number of such employees shall not exceed five percent (5%0) of the
total number of office employees. Members of the industry employ-
mingless than twe~nty office employees may employ one such person.
SECTION 3. A person whose earning capacity is limited because
of age, physical or mental handicap, or other infirmity, may be em-
ployed on light work at a wage belowrp the minimum established by
this Code, if the employer obtains from the state authority, desig-
nated b~y the U~nited States D~epartment of Labor, a certificate
authorizing such person's emnploymlent 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 thne wages paid to, and the maximum. hours of
wvorke for such employees.
SECTION 4. FEemale employees performing substantially the same
work as male emplloyees shall receive the same rate of pa-y as male
employees. Female employees engaged to replace male employees
shall be paidl at least the rates of the men whom they displace. The
-Code Authority shall, within ninety (90) days after the effective
dlate of this Code, file with the Admninistrator a description of all
occupationls in the IndustryT in which both. men and women are
employed and in which women are employed exclusively.
SECTION 5. This ~Article establishes minimum rates of pay which
shall applyr, irr~espect~ive of whether an employee is actually compen-
sated on a time rate, piece-work, or other basis.






122


SECTION 6. Employers shall not reduce the rates of wages for em-
ployees whose rates are now in excess of the minimum rate of wages
herein provided (not~withstandling that. the number of hours worked
in such emplomnentt may be hereby decreased), and where in any case
an employer has not increased the rates of wages for such employees
since July 1! 1933, by an equitable adjULllustmen of all suchL wrage rates,
such emnployver shall adjust all such wage rates. Within thirty days
after the effective date of this cole each~ member of the industry shall
submit to the Code A~uthorityl a detailed report concerning such
adjustment., and the Code Authority shall report such adjustments to
the Admiinistrator. This provision shall be interpreted in the same
manner that paragraph seven of the President's Rteemnployment
Agreement has been interpreted byl the A~dministr1ator in Interpre-
tations, Numbers One andl Twenty.
SECTION T. H~omeworki in this Industry is hereby prohibited,
except in accordance with the Executive Order of the President
No. 6711-A, dated M~ay 15, 1934.
SECTION 8. WVages shall be paid only in cash or negotiable check
Jpayable on dlemiand.
ARTICLE YT-GENERAL LABOR PROVISIONS

SECTION 1. NTo persons under eighteen (18) years of age shall be
employed in the Industry except as office boys or office girls. No
person under sixteen (16) years of age shall be employed in the
Industry in any capacity. In any Sftate any employer shall be deem-
ed to have complied with this provision as to age if he shall have
on file a2 certificate or permit, duly signed byr the A-uthority in such
State empowered to issue employment or age certificates or permits
showing that the employee is of the required age.
SECTION 2. (a) Employees shall haveP t~he right to organize and
bargain collectively~ through represeI~P ~nativesC of their owPn c~hoosing,
and shall 'be free from the interference, restraint., or coercion of
employers of labor, or their agents: in the desiganation of such repr~e-
senitatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
protect ion.
(b) No employee and no one seeking employment shall be re-
quiredl as a. condition of employment to to join any company union
or to refrain fr~om joining, organniznng, or a~ssisting a labor orgamiza-
t~ion of his own choosing, and
(c) Employers shall comply with the maxsimumi hours of labor
minimum rates of p'ay. and other conditions of employment approved
or prescribed by the President.
S~ECTIOT ;3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuges st
defeat the purposes or provisions of the Act or of this Code.
SECTION 4t. Every employer shall provide for the safety and
health of employees during the hours and at the places of their
employment.t St~andar~ds for safety and health shall be submitted
Sbyr the Code Aluthority to the Admlinistrator for approval within
three months after the effective date of the Code.
SECTION 5. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-






123


ments as to age of employees, wnges, hours of work, or as to safety,
health, sanitary or general wForking conditions, or insurance, or fire
protection, than are imposed byr this Code.
SECTION 6j. All emp~loyers shall post and keep pos"ted copies of
this Code in conspicuous prices accessible to all emplloyees. Evcr~y
member of the indlustry shall comlply with all rules and regulations
relative to the posting of p~ovisions of- Codles of ~fir~l Competition
which may fr~om time to t~ime be p~esc~rib~ed by the A~dministrator.
SECTION t. NO emlploy-ee HOWc emplioyed~ at a wage above the mini-
mlum shall be dlisc~hargedl andi r~eemplo yed~t or replacedl at a lower
rate for the purpose of evading the p~rovisionsc of this Code.
SECTION El. NO employer Shall 011iHr~ss or depmote any' employee
for makings a complaint or giving evidence wit~h ,respect to an alleged
violation of the provisions of this Code.

ARTICLE VI--OnowNIZATIow, POWERS AND) DUTIES OF THCE CODE:
AUTHORITY

ORGANIZATION AND CONSTITUTION

SECTION 1. A Code Auth~orit~y is hereby established to cooperate
with the Admninist~rator in the administration of this Code and shall
consist of four (4) persons to be chosen by the Industry through
a fair method of selection, approved by the Administrator.
SECTION 2. Ill Rditid~lG tO membership as above provided, there~
may be not more than three members, without vote, to be known as
Administration members, to be appointed by thec Administr~at~or to
serve for such terms as he m~ay specify.
SECTION 3. Each. trade or industrial association directly or in-
directly participating in the selection or activities of th~e Code
Authority shall (1) impose no inequitable restrictions on mlemberl-
ship, and (2) submit to the Admninistrator true copies of its articles
of association, by-laws, regulations, and any amendments when made
t.hereto, togaethler with~ such other information as to mlemlbership,
organization, and activities as the Administrator may deem neces-
sary' to effectuate the purposes of the Act.
SECTION 4. In order t.hatt 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 Administrator may prescribe
such hearings as hae mIay deem proper; and thereafter if he shzall find
that the Clode Aut~hority is not truly representative or does not in
other respects comply with the provisions of the A~ct, may require
an appropriate modification of the Code Authority.
SECTION 5i. Nothing contained in this Code shall constitute the
members of the C'ode ALuthority partners for anys purpose. NP~or
shall a.nfy member of the Clode Authorit~y be liable ini any mannner to
anyone or any act of any other member, officer, agent or employee
of the Code Authorit~y. N;or shall any member of t~he Code Author-
ity, exercising r~easonabe diligence inr the conduct of his duties here-
under, be liab~le to ~nnvone for any action or omission to act under
this C'ode, ex-cept for lhis own wilfurl mallfesannce or nonfeasance.
SSECTION 6,. If the Administrator shall1 at any timre determine thart
azny action of a Code Author~ity or any agency thereof mayT be unlfair






124


or unjust or contrary to the public interest, the. Administrator may
require that such action be suspended to afford an opportunity for
inve~stigration 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 Achninistrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to himn of intention
to proceed w~it~h suich action in its original or modified form.
POWERS AND DUTIES
SECTION 7. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provisions
of this Code.
(a) To insure the execution of the provisions of this Code and to
provrride for the compliance. of the industry with the provisions of the
ASct.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to th Code A~uthor-
ity, members of the industry subject to this Code shall furnish such
st~atistical information. as the Administrator mnay 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 anly member of the industry of any existing obliga-
tions to furnish reports to any Government agency. No individual
report shlall 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 Administ~rator.
(d) To use such trade associations and other agencies as it deems
porp~er for the foregoing purposes and to meet such obligations out
herein, provided that nothing herein shall relieve the Code Authority
of its duties or resp~onsibilities Imnder this Code and that such trade
associations and agencies shall at all times be subject to and comply
wIith the provisions hereof.
(e) To make recommendations to the Administrator for the coor-
dinlation 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 beilne found necessary in order to support the Adminis-
tration of this Gode, to maintain the standards of fair competition
establishedc hereunder and to effectuate the policy of thte .Act, the
Code Authority is authorized:
(a) To incur such reasonable obllicrat~ions as are necessary and
proper for the foregoing purposes ang 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 Admimlstrator for his approval subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemlized budget of its estimated expenses for the for~reoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Ind ustry;






125


(c) After such budget and basis of contribution have been.
approved by the Administrator, 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 proceed~ings~ therleforl in
its own name.
2. Each member of thle Industry shall. pay his or its equitable
contribution to the expenses of the maintenance of the Code Acuthor-
ity determined as hereinabove, provided, and subject to rules and
regulations pertaining ther~eto issued by the Adml inist~a tor. Only
members of the Industry compllying wnith t~he Code andl contributing
to the expenses of its admninistrantion as hiereinabove provided, (unless
dulyr exemnpted from makings such contributions) shall be entitled to
participate in the selection of the membersi of the Codle Aurthlority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignlza of the Naltiolnal Recovery Adlmilis-tr~a-
tion.
3. The Codle 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 evecnt excteed the total amount
contained in the approved~ budget except. upon approval of the
Administrator; and no subsequent budget shall contain any defleiency
itemn for expenditures in excess of p rior budget estimates except those
which thle Admninistrator shall have so approved.
(g) To recommend to t~he Administrator any action or measures
deemed advisble, 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 stabilization of employment; and includ-ing modliflntions of this
Code which shall become effective as part hereof upon approval by
the Adlministrator~ after such notice and hearing as he may specify.
(h) To appo0int a Trade Practice Commllittee which shall meet
w~ithl the Trade Practice Commritt.ee~s appointed under such other codes
as may be relatedd to the industry for the purpose of formlulating
fair trade practices to govern the relationships betw-een employers
under this code and under such other codes to the enld that such fair
trade practices mayS bie proposed to the Admninistrator as amendments
to this code and such other codes.
(i) To provide appropriate facilities for arbitration, except labor
disputes and subject to the approval of the Admninistrantor, to pre-
scribe rules of pLr~ocedlure and rules to effect comlpliance with.awardc-s
anrd determinations.
(j) To recommend and submit to the Adminlistrator a merclchanl-
disinga plan for the I[ndustry that shall become effective on his
approval.
(k) To cause to be formulatedc _methods of cost finding and ac-
counting capable of use by all members of the indus-try, andl shall
submit such methods to the Amifniiistrator for review. If approved
by the Aldministrator, full information concerning such methods shllnl
be madle available to all me~mbers of the industry. Theren after, eac~h
member of the industry shall utilize such mIethodrcs to the exrtent found
p~ractienble. Nothing herein containedl shall be construed to permilt
the Code Aluthority,, alny agent theireof, or any memblerr of the indus-
try to suggest uniform additions, percentages or differentials or






126


other uniformly items of cost which are designed to bring about arbi-
trary uniformlity of costs or prices.

ARTICLE VII--Orrx PRICE

SECTION 1. Each member of the industry shall file with a confi-
dential and disinterested agent of the Code Authority or; if none,
then with such an agent designated by the Administrator, identified
lists of all of 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 conform
to and represent the individual pricing practices of said member.
Such lists shall contain the price terms for all such standard prod-
ucts of the industry as are sold or offered for sale by said member
and for such non-standard products of said member as shall be desig-
nated by the Code Authority. Said~ price terms shall in the first
instance be filed within thirty days after the date of approval of this:
provision. Price terms and revised price terms shall become effee-
tive? immediately upon receipt thereof by said ag~ent. Immediately
upon receipt thereof, saRid ageFnt schazll by teplegraph or other equally
prompt means notify said ~member of the time of such receipt. Such
lists and revisions, together with. t~he effective time thereof, shall upon
receipt be immediately an~d 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 actually incurred by the
Code Authority in the preparation and distribution thereof and be
available for inspection byT any of their customers at the offce of
such agent. Said list or revisions or any part thereof shall not be
made available to any person until released to all members of the
indlustry and their customers, as aforesaid; p~rovidled, that prices filed
in the first instance shall not b~e released until the expiration of the
aforresaidl thirty 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 a~ny part of such
records except upon written consent of the Admimlstrator. Upon
request of the Code Authorit~y shall :furnish to the Administ~rator or
any duly designated agent of the Administrator copies of any such
lists or revisions of price terms.
SECTION 2. When any member of the industry has filed any re-
vision, 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 of the industry, flor which price terms have been filed
pursuant to the provisions of this article, except ini accordance with
such price terms.
SECTIONi 4. NO member of the industry shall enter into any agree-
mlent, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any mlember of the industry
to change his price terms by thle use of intimidation, coercion, or
any other influence inconsistent with the maintenance of the free and
open mzarkt which it is the purpose of this Article to create.






127


ARTICLE 71---TR ADE PRACTICE RULES

1. No member of thle Industry shall issue advertising whetherr
printed, radio, display or of any other nature) which is misleading
o~r inaccurate in anly material particular, nor shall any member in
any wfay mlisrepresent. any goods (including but without limiting
it~s use, trade mark;, grade! quality, origin, size, substance, character,
nat~ure. finish, materal content or preparaetion) or credit, terms, val-
ues, policies, services, or the naltu~e, or formn of the b~usinle~s conducted.
2. No member of the! Industry shall withhold from or insert in
any quotation or invoice any statement that makes it inaccurate in any
material particular.
3. No member of the Industry shall brand or mark or pack; any
goods in any manner which is intended to or does deceive or mis-
lead purchasers wit~h respect to the bralnd, grade, quality, quantity,
origin, size, substance, charneter, nature, finish, material content, or
preparation of such good~s.
41. No member of t.he. Industry shall publishl advertising wNhich re-
fers inaccurately in any material particular to any competitors or
their goods, prices, va~lues, credits, terms, policies, or services.
,5. N~o member of t.he Indu~stry shall publish or circulate unjus-
tified or unwa-rranted threats of legal proceedings which tend to or
have the: effect of harassing competitors or intimidantinig their cus-
Lomers. Failure to p~rosecut~e in reasonable time shall be evidence
that any suIch threat is unwatrrantedl or unjustified.
6. No member of the Industry shall secretly offer or make any pay-
menit or allowance, or a rebate, refund, commission, credit, unearned
dlisc~ount, or excess allowance, whether in the formn of money or
otherwise, nor shall a member of the industry secretly 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.
'7. No memnber of the Industry shall ship goods on consignment ex-
cept under regulations prescribed by the Code Authority and ap-
p'roved by the ASdmninistrIat~or .
8c. No member of the Indullstry shall give, permit to be given, or
offer t~o give anything of value for the purpose of inrfluencing or
rewarding the action of any employee, agent., or r~epresenltative of
another inl relation to the business of the employer of such~ employees,
the principal of such agent or the repr~esenited party, without, the
knowle~dgre of such emplloyer, principal, or party. This provision
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 hereina~bov-e defined.
9. No member of the Industry shall wilfully induce or attempt to
induce the breach of existing contracts between competitors anld their
customers by any false or deceptiive means, or interfere with or ob-
st~ruct. the performance of any such contractual duties or services byV
any such means, with the purpose and effect of ham~pering, injur-
ing or emibarrasing competitors in their business.
10. No member of the Industry shall require that the purchase or
lease of any goods be a prerequisite to the purchase or lease of any
other goods. Nor shall any member of the industry deliver prod-
uets in quantities in excess of that actually ordered and for which






128


the buyer has contracted to pay, nor sendl unordered products either
to regular or prospective customers.
11. No member of the IndustryS shall offer employment to or en-
tice away employees of another member of t~he Industry for tdhe
purposeC of securing thereby confidential information concerning
trade secrets, or other confidential data of a member of the Indus-
try'~s business, the possession of which w-ouldl undluly hamper, injure
or emlbarrass members of the Inidustry in their business; but nothing
in this paragrapnh shall preent. an mprnloyee frmm offering. his serv-
ices to a compel~titor or prevent any employer from employing the
employee of another member off the Indlustry, if the initiative is
taken by the employee.
12. No member of the Industr~y shall imitate trade marks, trade
names, slogans or other marks of Identification of competitors' prod-
nects for the purp'lose of unduly hampering or embarrassing a com-
petitor and~/or for the purpose of deceiving the prospective pur-
chasers of such products; nlor shall any member of the :Industry
catalogue a manufacturer's product which is not sold by that member
of the Indulst ry.
13. No member of the Industry shall ship or deliver products
which do not conform to the samples submitted or representation
made prior to the order, nor shall any member of th~e Industryr recom-
mlend specifications which are known to be faulty or hazardous from
a construction viewpoint, or secretly change specifications in. fig~ur-
ing est~imatesi for the purpose and effect of misleading competitors
and customers or execute anly contract other than in strict accordance
with the construction specifications onl which the contract, was esti-
mated and secured.
14. No member of the Industry shall accept the return of goods
for credit unless permnissionl therefore is granted prior to the return
and. unless the same are returned wmithin thirty days from the date,
of shipment and in no case shall the maanufacturer defray any of
the transportation charges or other expenses incurred in handling
or reconditioning such goods. This shall not apply to products
returned on account of defects in manufacture, or error or delay
in shipment, non-conformity with sample, or breach of warranty.
15. No member of the Industry accepting products for recondi-
tioning and r~eshipmlent to same purchaser shall dlef ray or absorb
any transportation or other expense incidental to handling or recon-
ditioning of such products, except in cases of reconditioning neces-
sitated by such member's breach of warranty or defects illn mnu-
facture.
16. No member of the Ind-ustrly shall make fictitious or blind bids
for the purpose of deceiving competitors or purchasers, or any
attempt. through connivpanee to have all bids rejected to the end
that a more adva~ntageous position may be secured in new bidding.
(a) NRor shall any mremnber of the Ind~ustry bid a lumnp sum for
a gr'oup of items. In all competitive bids the price of each class of
units shall be stated for each~ item.
17. No member of the Inldusttry shall discriminate between custo-
mers of the~ same class and prices to all customers shall be the price
filed by the individual mIember of the Industry in his current list
price and/or discount sheets. They shall apply on all orders for the






.1219


same quantityS of a given iteml taken at the one time And shipped
to t~he same destination. Such~ prices shall be establishedl mnde-
pendlently by each m~ember of the Inidustry.3;lle fls r!iucdn
18. No member of thle Indlustry hl aefls rmsedn
statements as w~ith respect to reports, written or oral, required by
the provisions of this Cocde, or any reso~lut~ion duly adopted by the
Code Aut~hor~ity and alpproved~l by the Adm~inis~trant or.
19. No mlemberl of thle Indlustry shall aid or abet any person, firm,
association, or corporation in anyr unfair practice prohibited in
this Code or engage inl any subte~rfuge to defeat the purposes of
and proisio~ns of this C'od~e and2 the ALct.
ARTICLE I1.-110DIFICATION

SEC'TION 1. ThIis Code and all the provisions thereof are exr-
pressly made subject to the right of the President, in accor~dance
with the provisions of subsectioni (b) of Section" 10 of the Act, from
time to time t~o cancel or modify any order, appr~ova~l, license, rule,
or regulation issued under Title I of said A-lct.
SECTION 2. Suchl of t~he provisions of this Code as are not required
to be included hlerein by,~ the Act may, with the approval of the
Administrator, be modified or eliminated in such manner as may
be indiented by the needs of the public, by changes in circumstances
or by experience. All the provisions of this Code, unless so modli-
fled or eliminated, shall remain in effect until June 16i, 11935.
ARTICLE ~X-MIONO)POIJEES

No provision of this Code shall be so applied as to permit mo-
nopolies or mnonoplistic practices, or to eliminate, oppre~tss or discrim-
inate agaainst small enterprises.
ARTICE XCI--PRICE INICREABSES

WIhereas the policy of the Act to increase real purchasing power
will be made mor~e diflFicult of conlsummationn if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may 'be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be limitedl to actual additional increases in the seller's costs.
AurcLJ XII--EFFE~CTVlE DATE

This Code shall become effective on the second Monday after itsE
app~roval by' the Pr~esidlent.
Approvedl Code No. 505i.
Re~gistry No. 10j98-07.




UNIVERSITY OF FLORIDA
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