Code of fair competition for the lightning rod manufacturing industry as approved on April 19, 1934

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Material Information

Title:
Code of fair competition for the lightning rod manufacturing industry as approved on April 19, 1934
Portion of title:
Lightning rod manufacturing industry
Physical Description:
p. 283-296 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Lightning rods -- Law and legislation -- United States   ( lcsh )
Lightning conductors -- Law and legislation -- 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:
"Approved Code No. 394."
General Note:
"Registry No. 1308-1-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004936643
oclc - 647959480
System ID:
AA00006455:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

LIGHTNING ROD

MANUFACTU RING INDUSTRY


4R~baCle by thse Sperintenennt of bocuments, Washington, D.C. Price 5 centa


Approved Code No. 394


Registry No. 1308-1-01


AS APPROVED ON APRIL 19, 1934


WE Do OUR PART


I I


UNITED STATES
GOVERNMlENT PRINTING OFFICE
WASHINGTONs 1934























This publication is for sale by the Superintendent of Documents, Covernmnent
Printing Office, Wrs~hington, D.C., and by district offices of thle Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTitlENT OF CO~lbllERCE
Atlanta, Ga : 5041 Post Office Building.
Birmiingham, Ala.: '257 Federal Building.
Boston, M~ass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.CI.: Chamber of Commerce Buiilding.
Chicago, Ill.: Suite 1706, 201 North WTells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Buildinlg.
Jacktsonville, Fla.: Chiamber of Commerce Buildling.
liansas City, Mlo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building..
nAlemphis, Tenn.: 229 Federal Building.
Mlinneapolis, M~inn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New Y'ork, N.Y'.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 4'22 Commercial Trust. Buildling.
Pittsburgh, Pa.: Chambher of Commerce Buiildinig.
Portland, Oreg.: 215 Newv Post Office Duilding..
St. Louiis, Mlo.: 506 Olive Street.
Sani Franlcisco, Calif.: 310 Customihouse.
Seattle, W'ash.: 809 Federal Office Building.








Approved Code No. 394


CODE OF FAIR COMPETITION
FOR THE

LIGHTNING:~ ROD MANUA CTUR,,T1re~B.INGG INDUSTRY

As Approved on April 19, 19341


ORDER

Arennortw C'ODE OF TFAIR. COMEETITIO N FOR THE rIGHTNINa ROD)
,$IANIFACTURING( IN.DTSTRY
An application having b.een dluly made pursuant to andi in full,
comp~liance with the provisions of T~itle I of the National Industrial
Recovery Act, approved June 16, 19333, for appr~oval of a Code of
Fair Compgetitionn for the Lightning Rodl Manufactulring IndustryS,
and hearings havingr been dulyv heldl ther~eon andl the aninexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW\. THEREFORE, onl behalf o~f the President of the United
States, I, HugTh S. Johnson, Adm~inisitrator for Industrial Recovery,
pursuant to authority vested in me by~ Executive Orders of the
President. including, Executive Order No. 6543-A, dated Decemlber
30, 1:3:3, andc othierwnise; do heretby inco~po~rate by reference said
annex~edl rcport and do find thaot saidl Code comlplies in all respects
with the pertinent provisions and w~ill promote the policy anl pur-
pose of saidl Title of saidl Act; andi do her~eby order that said Cd
of Fair' Competition be andl it is herebyS applrov'ed; provided, how-
ever, that the prov~isiions of Ar~ticle V'II, insofar as they p~retscribe a
awaiting period b:etw~een the filing wnith the Code Authority and the
effective date of revised price lists or revised term anid conditions of
sale be aInd they~ are' herebyh stAyedI~ 1pending~ my1 furthler' Order either
withinl a period of sixty durs fromn the effectie dlate of thiis Cod~e or
after thle complletion of a stuldy of op~en price associations nowF being
conducted by the National Recoverv A~dmni ni s tra ti o n; p1o vi ded
further. that the continued~ participation of the Ligrhtning Rod
M~anu fact rers' Association inl the Code Author~ity after thirty dlays
from the eff'ectiv-e date of this Code shall be contingent upon its
amnending its C~onstitution andl By-Laws to the satisfuetion of the
Adm i nist rantor.
HUGH S. JOHNSON,
Adm~iinist~rator' for' lIndduti~al Recovery.
Approval recommended :
A. R. GrLANCY,
D;!ivison Adminlrstl'rator.
VA.SHINGTON,h D.C.,
April 19, 193$.
53632*---482-101---34 (2fg)












REPORT TO THE PRESIDENT


The PRESIDENT,
The Wlhite H~ouse.
SrR: ThilS is a report on the Code of Fair Compectition for the
Lightning Rod M~anufacturing~ Industryg, the Hear~ing having been
conducted ther~eon in Wanshington, D.C., on M~arch 19, 1934, in accord-
ance with the provisions of the N~ational Industrial Recover~y Act.
RESUME~ OF CODE AS TO HOURS AND W'AGES

The Code provides that eight (8) hours shall constitute the normal
number of working hours per day, forty (40) hours the normal
number of wior~kinlg hours per week; except that employees mnay work
not to exceed forty-eight (418) hours in ainy one week in any six (6)
weeks in t~he six (6) monnt~hs npriodr beginning the first of 10ay and
the first of Nov~ember. These provisions are: applicable to all em-
ployees except outside salesmen, watchmen, who shall work not more
than fifty-six (56) hours in any one wTeek, persons in executive, ad-
mmnistrat~ive, supervisory, or technical capacities, who receive not
less than $35.00 per week, employees engaged in emnergrency mnain-
tenance, or emergency repair work, involving breakdowns, and pro-
tection of life and property.
The rate of pay provided for production labor is f~or'ty (40) cents
per hour. Learners shall be paid 80%i of the wages herein provided
to be paid but the number of learners shall not. exceed 5%r of the total
number of factory employees. Time and one half will be paid pro-
duction labor for hours worked in excess of the number of hours
specified herein above.
All other employees, except commission salesmnen, will be paid
at, rates not less than $15.00 per week, except that offi e boys and
girls may be paid at not less than 8014% of said weeklyl minimnumn wage,
provided that the number of office boys and gil hl cnttt
not more thlan 5%c of the total number of office employees, but in
any case eachi employer shall be entitled to one oflce boy or girl.
Equitable adljustmnents are to be miade of all w~age rates above
salt nilnlm&.
Child labor is prohibited, and no person under 18 years of age
shiall be employed in a hazardous occupantion.
GENERAL STATEMENT r

The Lightningr Rod manufacturing Industry as defined in the
Code includes the building, manufacturing, selling, repairing, mn-
stalling, and servicing by the manufacture of Lightning Condue-
tors and Supplies manufactured by such manufacturers. The In-
dustry customers are mostly farmers, but contrary to popular con-
(284)






285


ception are not confined solely to them, manny large construction
units, large churches, water towers, memioii ria onumients, and sim-
ilar projects are protected by Lightning Condlucting Equipmlent.
Th~e investment in the Indtustry! is aplpr~oximat~ely $500i,000.0~ a nd
the number of wage earners in nlormal tiness is about 200 people
with an estimated annual payroll of apprloximlately~ $100,000.00.
In 1929, which is considlered a normal venr, operations were at a
rate of approximately 509.~ of capacity, with a volumue of production
of about $1,a95.0000. Thle sales of the Indlustry) d-eclined 30S9, from
1929 to 1933.
I believe that the Code is fair to Industry,, to Labor, and to th~e
Public, andt is in accorlan~e with the interest andi purlpose of the
National Industr~ial Recovey Act.
FINDlING;S

The Assistant D~eputyv Aldministrator inl his Snal report to me on
saidl Codle having found as hierein set forth, and on the~ basis of all
the proceedings in thiis matter:
I find th~at.:
(a) Said Code is well designedc to promote the policies and pur-
poses of Title I of the National Inldustrial Recovery Act, including
removal of observation to the fr~ee flow of initer~state and foreign com-
merce which tend to diminiish the amount thereof, and will provide
for t~he general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united nation of labor and mna~ngenemen
under adlequate governmlental sanctions and supervision, by eliminat-
ing unfair comp~etitive pr~acttices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production ('except as miay be temporarily
required). by increasing the consuimptioni of industrial and agri-
cultural products through increasing purchasing power, by redulcing
a nd rel iei ng u unemployment, by imInprovin standardsl of labor, and
by otherwise rehabilitatino- indtustry.
(b) Said Industry normanlly employs not more than 50,000 em-
ployees; and is not clascsifiedl byv me as a major ind~ust ry.
(c) Thie Code ns approvedl complies in all respects with the perti-
nent provisions of said Title of said Act, includlina w~ithouit limitation
Suibsection (u) of Section 3, Subsection (a) of Section 7, and Sub-
secrtion (b') of Section 10 thereof; and that. thle appliennt group is
ani indlustrial~ association truly representative of the aforesaid In-
dlustry~; and thatf said association imposes no inequitable restr~ictions
onl admission to membership therein.
(d)i The Code is not designed to and w~ill 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 types of the economic process have
not been deprived of t~he right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved the Code provided,
however, that the provisions of Article VII, insofar as they prescribe





286

a waiting period between the filing with thle Code Authority and the
effective date of revised price list or revised terms and conditions of
sale be stayed pending my further order either within a period of
sixty days from the effective date of this C~ode or after the comple-
tion of a study of open price association niow being conducted by t~he
National RecoveryF Adm~inistration; providled, further, that the con-
tinued participation of the Light~ning Rodl Manufacturers' Associa-
tion in the Codle Authiority after thirty dlays from the effective date
of this Codle shall be contingent upon the amendling of its Constitu-
tion and Bylaws to the satisfaction of the Admninistr~ator.
Respectfully,
IIUGCH S. JoHSson, Admllinistr'ator'.
APRIL 19, 1934.











CODE OF FAIR COMPETITION FOR THEF LIGHTNING
ROD M\ANUFACTURKN ING INDUSTRY

ARTICLE I PICHPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competition
for the Lightnling Rod M~anufacturiing Ind~ustry and its provisions
shall be the standard of fair competition for such industry, and
shall be binding upon every memiber thereof.
ARTICLE II DEFINITIONS

SEenowN 1. The termi '' Ligiht~ning Rod Mianufacturing Industry ",
as used herein, means.,, the building, manufacturing, selling, repairing,
installing andi serv\icingr, by mianufactuirers, of lightning conductors
and supplies manufacturer by such mlanufacturers.
SECTION 2. The term miemiber of the industry includes any
individual, partnership, association, corporations, receiver, trustee~,
or other form of enterprise engaged in the induistry, either as an
employer, or on his or its owvn behalf.
SECTION 3. The termn employer ", as used herein, includes every
indinidual, partnership, association, corporation, receiver, trustee,
or other form of ent-erprise engaged in the industry.
SECTION 4. The term "' emiployee ",! as used herein, includes any and
all persons engaged in the industry~, however compensated, except a
member of the industry.
SECTION 5. The termn "Association "! as used herein, means the
Lightning Rod M~anufacturers Associatio~n, or its successor.
SECTION 6. The termls "~Act. ", President ". and "'Adminisl~trato"
mean, respectively, Title I of thie National Industrial Recovery~ Act,
the President of: the Unitedl States, andi the Adlministrator for
Indust rial1 Recoveryr.
ARTICLE II--11OURS

SECTION 1. No empllloyee~ shall be permitted to worlk inl excess of
fortyv (40!) hours inl anyl one week or eight (8) hours in anyg one
day, except as herein otherwise providedl.
SECTION fZ. Because of peak demnandls, it is further provided that
employees may work not. to excee~d fortyr-eight (418) ho~urs in any
one week in any six (6) weeks in the six (6) months' period begin-
ning the: first of M~ay and the first of N~ovember.
SECTION\ 3. All emiployees shall be paid at the rate of time and
one-half for all hours w~orked in excess of forty (40) hours per
week or eight (8) hours per day (except as hereafter provi~ded).
SECTION 4. The provisions of this Article shall nlot. apply to emi-
ployvees in executive, administrative! supervisoryS or technical capac-
ities who are paid not less than thirt~y-fivre dollars ($35.00) per
week, and outside sales employees.
(287)





288 '

SECTION 5. Watchmen shall not work more than fifty-six hours
in any one week nor more than six (6) days in any one week.
SECTION 6. The provisions of this Article shall not apply to any
employee engaged mn emergency maintenance or emergency repair
work, involving breakdowns, and protection of life and property,
provided one and one half times the normal rate, shall be paid for all
time worked in excess of the maximum hours herein provided for
said employee.
SECTION 7. Em.p~loyment by Sevleral Employers.--No employer
shall knowingly permit any employee to work for any time which
when totaled with that already performed with another employer
exceeds the malximumn permitted herein.
ARTICLE IV-WAGES
SEC'TroN 1. No employee engaged in the manufacture of products
of thiis industry, and in labor operations directly incident thereto,
shall be paid less than at the rate of forty (410) cents per hour,
except, as otherwise herein provided.
SECTION 2. It is provided that learners, for a period of not to
exceed thirty (30) days, shall be paid not less than eighty (80) per-
cent of the minimum wage, and that the number of learners shall
not exceed five (5) percent of the total number of employees, and
provided further that each employer may employ a minimum of
one (1) learner.
SECTION 3. M~inimuzm Wtage, for Clerical and Oif)2ce Emlployees.-
Thle minimum wage that shall be paid by any employer to all other
employees except commission sales people, shall be at the rate of not
less than fifteen dollars ($15.00) per week, provided, however, that
office boyrs or girls shall be paid not less than eighty (80) percent
of such minimum wage, but the number of such office boys or girls
shall not exceed five (5) percent of the total number of employees
covered by the provisions of this section, and provided that each
emnployer may employ a minimum of one (1) office boy or girl.
SECTION 4. Piecework Corapensatl-~~'ionz -Minim Itages.--This
Article establishes a miinimum rate of pay which shall apply, irre-
spective of whether an employees is actually compensated on a timle
rate, pieceworkl or other basis.
SECTION 3. Wage~f Ad~jus-tmenzts Above li~nim~umi.--Equitable ad-
justment of compensation of employees receiving more than the
minimum rates of pay shall be made by all employers who h~av'e not
heretofore mande such adjustments, and all employers shall within
thir~ty (30) days after approval of this Code, report in full to the
Code Authorityv concerning such adjustments whether made prior
to or subsequent to such approval, provided, however, that in no
event shall hourly rates of pay be reduced.
SECTION 6. Handicapped~ Persone.--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 th~e employer obtains from the
State Authority designated by the United States Department of
Labor a certificate authorizing such person's employment at such
wages and for such hours as shall be stated in the certificate. Such






289


authority shall be guided by instructions of thle Unite~d Stated
Department of Labor in issuing certificates t~o such persons. Each
employer shall fil1e monthly with the Code AuthorityI a list of all
such persons emiployedl by him, showing the wages paid to, and the
maximiumi hours of work for such employee.
SECTION 7. 787Nald Em~ployees.--Femanle employees perfor~minga
substantially the samne work as male employees shall receive the same
rate of pay as male employees, and, where they displace men, they
shall receive t~he same ra~te of earnings as t~he mlen they displace.
ARTICLE V- GENERAL Lason PRovisions
SECTION 1. Child Labor Prov2iSion.--N o person under sixteen (16)
years of age shall be employed in the industry. No person under
eighteen (18) y'ear~s of age shall be employed at operations or occu-
pations which are hazardous in nature or dangerous t~o health.Th
Code Authority shall submit to the Adlministrator within thirty (30)
days after approval of this Code, a list of such operations or occupa-
tions. In any State an employer shall be deemed to have comphied
with thlis provision as to age if he shall have on fie a certificate or
permit dluly issued by the Authority in such State, empowered~ to
issue emrploymenlt or age certificates or permlits showing that the em-
ployee is of the required age.
SECTION q. PTO0L28/948n fromn the Act.--In compliance with Section
7 (a) of the Acrt, it is provided:
(a) That employees shall have the right to organize and bargain
collectively, through representatives of their own choosing, and shall
be free fr~om the interference, restraint, or coercion of employers of
labor or their agents,? in the designation of such representatives or in
self-orgarnlizationI or in other concerted activities for the purpose of
collective bargaining or other muitual aid or protection ;
(b) Thant nio employee and no one seeking employmlent shall be
required as a condition of employment to join any company union or
to refrain from ;oninng,_ orgnnizring or assisting a labor ot~rgnization
of his own choosing; and
(c) Thaft emlployer's shall comply with the maximumi hours of
labor, minimumn rates of pay, and other condlit~ions of emnploymien~t
approved or prescribed by the President.
S~ECTION ;3. Ji)LCE*.Sla.88/l'catio of Em7ploy~ee.--N o employer shall
reclassify employees or duties of occupations performed, or engage
in any other subterfuge for the purpose of defeating the provisions
of the Act or of this Code.
SECTION 4. Standards~ fol'r Salfety and~1 Healthi.--Every emlployer
shall provide for the safety and health of his employees at the place
and during the hours of their employment. Standards for safety
and health shiall be submitted by the Code A~uthorityr to the Admninis-
trator within six (6) months after the effective date of this Code.
SECTION 5. Statef LawPs.--No provisionl in this Code shall sup~ersede
any State or Federanl law which imposes more stringent requirements
on employers 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.





290

SECTION 6. PO81/Ry.---Within ten (10) days of the effective date, .i
all employers shall post and thereafter maintain, complete copies of
this Code with any subsequent modifications, in conspicuous places
accessible to employees.

ARTICLE VI--OROmIZArroN, POWERnS AND DUTIES OF CODE Avrnourrr'

'SECTION 1. Code Authfority.-During the period not to exceed sixty
1(60) days following the effective date, the Code Committee of the
Industry shall constitute a temporary Code Authority until the Code
Authority is elected. There shall be constituted within the sixty
(60) day period a Code Authority consisting of five (5) members
to be elected as hereinafter provided. The members of the Code
Aulthority first elected sliall serve uinti;l the following annual meeting
of the Association and thereafter members of the Code Authority
shall be elected as h~ereinafter provided, at each annual meetings of
the Association to serve until the following annual meePting. The
members of the Code Authority shall be elected in t~he following
manner:
(a) Two (2) members who are not members of the Association byv
a majority vote of members of the industry who are not members of
the Associlation, present in person, or by proxy, each member to have
one vote.
(b) Three (3) members by majority vote of members of the Asso-
ciation present in person or by proxy, each- member to have one vote.
In addition thereto the Administrator may appoint one or more
members of the Code Authority who shall be without vote and be
given a reasonable notice of and may sit at all meetings of the Code
Authority.
A vacancy in the membership of the Code Authority may be filled
by aI majority vote of the remaining* members of the Code Authority
provided, however, that the right to vote as set forth aboveshl
be subject to the limitations provided in Section 4 of this Article.
SECTION 2. AssYociationsP. Each trade or industrial association di-
rectly or indirectly participating in thie selection or activities of
the Code Auth~ority shall (1) impose no inequitable restrictions on
admission to membership, and ('2) submit to the Administrator true
copies of its Articles of Association, by-laws, regulations, and any
amendments when made thereto, together with such other informa-
tion as to membership, organization, and activities as the Admin-
istrator may deem necessary to effectuate the purposes of the Act.
SECTION. 3. Repr~esenctative Code Authority.--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 Administrator may provide such hearings as he may deem
proper; and thereafter, ifhe 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 modihication
in the method of selection of the Code Authority.
SECTION 4. Part~icipationz in Code.---Any member of the industry
is and shall be eligible for membership In the trade association of
a Bee paragraph 2 of order approving this Code.






291


the Lightning Rod Maznufacturing Industry, and there shall be no
inequitable restrictions on admnission to such miemibership,, and all
members~ of thep industry sse~nting to this Code shall be entitled to
participate in and share thle benefits of the netivities of the Code
Authority andi all miemblers of th-e indiustry~ subscribingr to the Code
or part.icipat~ing in or shearing in anyI) way in the b~enefits of thle Le~-
tivitiesy of thle Codle Aurthlority or part;~icipting inl the selectionl
thereof sharll liear a. retasonable share~c of t.h~e ~.lexpenss of admnini~s-
tering thle C7ode andl of making amnenlmen~ts thlereof und ad1ditions
thereto. Suchi reasnailble share of the expenses of the Code Author-
ity shall1 be determnined~l by the Code Author~ity-, subject t~o rev~iew by
the Administrut-or, onl the bas~is of gross sales volumlle of business
and; or such other factors~ as miay be deemed~ equitable, andt such
funds shall be collected andt admiiinister1e d by an rd thr~oughl thle m~achin-
ery of the Code Aulthor~ity of the industry.
SECTION 5. If the Administrator shall d-etermiiine thait any action
of a Code A2uthority or any agency thlereof' may3 be unfaRir or unljust
or contrary. to th~e public inlterelst, the Adminirstrator miay require
that surch action be suspendeltd to afford an opp~ortunity for investi-
gat~ion of th~e merits of such action andl further conside~ration by
such Cod-e Authority or agency pending final action which shall not
be, effective unless the Administrator approve~s or unless he shall
fail to disapprove after thirty days' notice to him of intention to
proceed w~ithi such action in its original or miodlifiedl formi.
SEcTION 6. Nothing contained in this C`ode shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authorityl be liable inl any manner
to anyone for any act of any other member, ofJficer, agent, or
employee of the Code Authiority. Nor shall any member of the
Code A~uthority, exercising reasonable diligence in the conduct of
his duties hiereundler, be liable to anyone for any action or omission
to ac~t under this Code, ecuep~t for chis owfn willful misifeasance or
HODn- fet s:1 nc.
SECTIONr 7. Powe'rslj and Dutfie.S.-Thle Code Author~ity shall have
thle following powers and duties in addlitio~n to those elsewhere
provided in this Code:
(a) To adopt by-lalws a.ndl rules and regurlationls for its pro-
cedure and for t~he admiinis~tration of the C'ode and compliance of
the industry with provisions of the Aict, in accordance with the
powers herein granted, and to submit the same to thne Admiinistrator
for his approval together withl t~rue copies of any amendments or
addlitions when made thereto, minutes of meetings when held, and
such other information as to its activities as the Admlinist~rator may
deem it necessary to et~fect the purposes of the Act.
(b) Tlo obtain from members of the industry, through an imapar-
tial agency, such information and reports as are required for the
Administration of the Code and to provide for submission by mem-
bers of such information and reports as the Administrator mnay
deem necessary for the purposes recited in Section 3 (a) of the
Act, which information and reports shall be submitted by members
to such administrative and/or government agencies as the Adminis-
trator mnay designlate: providedl that nothing in this Code shall
relieve any member of the industry of any existing obligations to





292


furnish reports to any government agency. All individual reports
shall be kept confidential as to members of the industry by the
impartial agency appointed by the Code Authority to obtain such
reports, and only general summaries thereof may be published
except that such reports shall be furnished to such governmental
agencies as may be directed by the Administrator.
(c) To receive complaints of violations of this Code, make inves-
tigations thereof, provide hearings thereon, and adjust such com-
plaints, and bring to the attention of the Administrator for
prosecution, recommendations and information relative to unad-
justed violations.
(d) To use and appoint such trade associations and other agencies
as it deems proper for t~he carrying out of any of its activities pro-
videdl for herein, and to pay such trade associations annd agencies the
cost thereof, 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 comiply with the provisions hereof.
(e) 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 purpose of formulating fair
trade practices to govern t~he relationships between production and
distribution emnployers under this Code and such others to the end
that such fair trade practices may be proposed to the Administrator
as amendments to this Code and such other codes.
(f) To obtain an equitable and proportionate payment of the
expenses of maintaining the Code Authority~ and its activities from
members of the industry.
SECTION 8. BlppeaL8.--An appeal from any action by the Code
Aulthorit~y affecting the rights of any! employer or employee in the
industry may be taken to the Admininstrator.
ARTICLE VII-PRICE LISTS

Each member of the industry shall within ten (10) days after the
effective date of this Code publish for the benefit of all interested
parties and file with the Code Authority a net price list and all
other conditions of sale, or a price list and discount. sheet aind all
other conditions of sale, as the case may be, individually prepared
by himi, showing his current price or prices and discounts and terms
o'f sale and payment and t~he Code Authority shall immediately send
copies thereof to all krnown manufacturers of such specified product.
Such net price list or price list andl discount sheets as the case may
be shall separately state (a) net prices or discounts from list to dis-
tributors, (b) net prices or discounts fromt list to consumer.
Revised price lists and 'or discount sheets and/or all other condi-
tion~s of sale may be filed from time to time thereafter with the Code
Authority by any manu facturer of such product, to become effective
upon the 5th day thereafter.
Copies of such revised price lists and/or discount sheets and/or
all other conditions of sale with notice of the effective date specified
shall be immediately sent to all known manufacturers of such prod-






293


uct, any of whom may file if he so desires to become effective upona
the effective date when the revised price list a~nd, or discount sheet
and or all other conditions of sale first filed shall go inlto effect, re-
visions of his price lists andflor discount sheets und/lor all other coni-
ditions of sale establishing prices or prices and discounts not lower,
or conditions of sale not, more favorable than those established in the
revised price lists and, or discount sheets and, or all other conditions
of sale first filed.
No mnember~l of thie industry shall sell to any~ p~urchiaser by any
means whantsoever any product of the inidustry at a price other thani,
or at a ~discount other than, or on more fav-orable terms than as set
forth in publishedl price lists of such member at the time set out and
in force under the conditions applicable to such sale therein set
forth.
No mlemberr of the industry shall puiblish a price or termi,or con-
tinue in elle~ct a price or termn which will result in a purchaser pay-
ing for the goods received less thian the cost. thereof to the members of
the industry~ publishing such price sheet; provided, however, thiat
obsolete, dlefective and lor discontinued items or lines which now or
hereafter mayn~ be in stock may be sold belowr cost and without publi-
cation of pri~ies and term~s anid conditions; provided, prior to the sale
thereof a list of the items or lines claimed to be obsolete, defective
and/or discontinued shanll be filed with the Code Authiority, together
withl the descrription thereof, dates of manufacture and prior sale
volume; and p~rovided, further, that nothing in this par~agraph shall
preclude anyi! member of the industry from publishing prices below
cost in order to meet existing competition on products of equal de-
sign, size, character, quality and specifications as such competition
is shown by price sheets of other members of the industry at the time
outstanding and in effect. WVhenever a member of the industry
uinder ther prroisio;rns of t.his panragrph shiall publish a price below
cost he shall simnultaneously file with the Code Authority a state-
m-ent in writing of the items on his own price sheet which are below
cost and identify t.hle price sheets and items ther~eonl of any others
me~mber or memb~ers of the industry\ which shall be c~laimled to formn
the julst iti ca t in."
ARTICLE 'ITII-TRADE PRACTICE RULES

General Depin~ition.l,-For all p~urpose~s of the Code the acts de-
scribed in this A~rtic~le shall constitute unfair trade pra~ctices. Any
member of the industry who shall directly, or indirectly through
any officer. emp~lo'ee~, agent, or representative, knowingly use, emn-
ploy, or permit to be employed, any3 of such unfair practices, shall
be~ guilty of a violait1ion of Ilth~ Code.
RULE i. (naCour~ate Labd~ing.-No member of' the industry shall
mark, bralnd or pack any product or comlmodlity in any manner for
the purpose or withl the effect of misleading or deceiving purchasers
with respect to the brand, grade, quality, quaontity,, origin, size,
material, content, substance, or preparation of such products pur-
chased, whether domestic or "L foreign."
a See paragrapgh 2 of order approving this 'ode:. :"





294


RunE 2. lEifierpresen~tatio-n.- No member of the industry shall sub-
stitute, or cause to be substituted, materials inferior or superior to
those specified by the purchaser.
RULE 3. Inanccurate Refer)nce to Com~petitors.--No member of the
;industry shall usp adlvertising or other representation which refers
inaccurately in any material particular or disseminates false or nus-
leading information relative to any competitor or their products,
selling prices, values, credit standing, credit terms, ability to perform
wor~k, conditions of employment, policies or services.
RI7LE *(. IIIaCCUrate Advertl'ising.--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.
RELE 5,. Espion~age.--No member of the industry shall spy upon
any other member of the industry, for the purpose of securing the
names of the customers of such member, their addresses, or the
nature of the business being transacted by such other member.
RULE 6. Bait Aldvertis;ing.-No member of the ind-ustry shall use ad-
ver~tisingi or selling methods or credit terms which have the capacity
or tendtency to deceive or mislead the customer or prospective customer.
RIELE 7. S~eC'ret Rebates.-N~o mlember of the industry shall offer
to make any secret paymnentt or allowance of a rebate, refund, com-
mission, credit, unearned discount, or excess allowance, whether in
the formn of money or otherwise, for the purpose of influencing a
sale, nor shall a member secretly extend to any customer any special
service or privilege not extended to all customers of the same class.
RULE 8. Se:2lling on ConsignmenzPt.--No member of the industry
shall ship goods on consignment, except under circumstances to be
defined by the Code Authority and approved by the Administrator.
RULE 9. Intel' CPCWC8 '1'tC/1/ BnWOfflf/ CoNltraCfs.--NO member of
the industry shall attempt to induce the breach of an existing con-
tract between a competitor and his customer, nor shall any such
member interfere with or obstruct the performance of such con-
tractual duties or services.
RULE 10. Commner'Cial Bribery.--No member of the industry shall
give, permit to be given, or directly offer to give anything of value
for the puirpose of infiluencing or rewa~rd-ing the action of any em-
ployee agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent
or the represented party, without the knowledge of such employer,
principal or partly. This provision shall not be construed to pro-
hibit free and general distribution of articles commonly used for
advertising except o far as such articles are actually used for the
commercial bribery as hereinabove defined.
RULE 11. 08874 Di8iCOHn,8.--No member of the industry shall give
cash discounts under any condition in excess of ten (10) percent.






295


RU11LE 12. Falr88 Billing.-R~O memnber of the industry shall with-
hold from or insert in any qulotation or invoice any statement that
makes it inaccurate in any material particular.

ARTICLE IX- SELLING IJELOW' COST

The Codle Autlhority sh7all cause to be formnulatedl an accountingrr
system and methods~ of cost finding andc 'or estimating eanpble of use
byS all mnembers of thie indlustry. After such systemi and methods
hlave been formullllated and a1pproved by t~he Ad~ininstentor, full die-
tails concernilng them shall b~e made available to all mem~nbers.; Ther~e-
after all mnem:bers s7All dletermiine andl or estimate costs inl accordc-
ance with thle principles of such methods.
Wh'~en thle C~ode Author~ity determinnes that anl emer'lgenlcy exists
in this indlustry andl that. th~e cause thetreof is desitr~uctive price-cut-
ting suich as to renderi ineffective or seriously endanger the main-
tenance of the povisions o~f this Codle. the Aurthority mnay cause to
be dletermiined the lowest reasonable cost of the products of this
industry, such dletermination to be subject to suchi notice and hear-
ings as the Adtministrator may require. The Adcministrato r may
approve, disapprlovee or modify the deter~minattion. Thereafter, dur-
ing the period of the emergency, it shall be unfair trade practice for
any mnembe~r of the industry to sell or otrer to sell any products of
the indust.ry\ for which thle low~est r~eaonalble cost has been dete~r-
minled at stich prices or upon such terms or conditions of sale that
the buyler w\ill pay less th~erefor than the lowes-t reasonable cos~t of
such products. W\heni it appears that conditions have changed~, thle
Code Autlfhority,~ uponI its own~l initiative or upon the requetz ~ of any
interestedl party, shall cause the dectermnination to b~e reviewed.

ARTICLE X-CIODE JURISDICTION

If any manufacturer or employer of labor in the Ligihtning Rod
Alanufaeturing Industry is also ani emiployer of Inbor inl any other
industry, the p~rovisions of this Code small apply to andc a feet only
that p~art of hi.; business whichl is included in the LightningRo
lan ufa ct urIi ne Ind ust ry.

Aurica X I-\ool~ICrTION

SEC'TIONL 1. This Code anid all the provisions th~ereof are expressly
made subject to the right of th~e President, in accordance w~ith the
provisions of sub~section (b) of Section 10) of th~e National Inidus-
t~rial Recovery Act, fromn time to time to cancel or modify~ any
ordler, ap~provanl, license, rule, or regulation issued uinder Title I
of said Act, and specifically, but without limiitation, to the right of
the Pr~esident to cancel or. modlify h~is approval of this Code or
any conditions imposed by him upon his approval thereof.
SECTPION 2. Th1is Code, except as to provisions required by the
Act, may be modified on the basis of experience or changes in cir-




UNIVERSITY OF FLORIDA

IMII~~lI illlll Illl
296 3 1262 08584 2168

cumstances, such modifications to be based upon application to the
Administrator and such notice and bearing as he shall specify, and
to become effective on approval of the President. :
ARTICLE XYII--MONOPOLIES. ETC.

No provlision of thiis Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress or discrim-
inate against small enterprises.
ARTICLE XIII-EFFECTIVE DerE

This Code shall become effective eleven days after its approval ::
by the President.
Approved C~odr No. 3941.
Registry No. 1308-1--01.
O