F~or sale by the Superintendent ofDocuments.I Washington, D.C. Price 5 ents
Registry No. 1612--1-01L
Approved Code No. 338
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETIITION
WE DD QUR PART
GOVERNMENT PRINTING OFFICE
WASHINGTON : 934
AS APPROVED ON MARCH 16, 1934
'This publication is for sale by the Superintendent of Documents, Government
Printing Ofi~ce, W'ashington, D.C., and by district offices of the Bureau of
Foreign andl Domestic Commuerce.
DISTH~ICT OFFICES OF THIE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 F~ederal Building.
Boston, M~ass. : 1801 Customhouse.
Buffalo, N.Y.: Charmber of Commerce Building.
Charleston, S.C.: Chamber Qf Commlerce Building.
c~hicago, Ill.: Suite 1700, 201 North W~ells Street.
Cleveland, Ohio: Chambter of Comm~erce.
D~allas, Tex.: Chambller of Commerce Building.
Detroit, Mich.: 801 F'irst Natlional Bank; Buildling.
HEouston, Tex.: Chambler of Commerce Duilding.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mlo.: 102S B~altimore Avenue.
Los Angeles, Calif.: 110;3 South Broadw~ay.
ZLouisville, K~y.: 408 Feder'al Building.
Memphis, Tenn.: 220 Federal Building.
M~inneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
NewF York, N.Y.: 734I Customhouse.
Nor-folk, Va.: 406 East Plume Street.
Phliladelphial, Pa.: 422 commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Posit Office Buib~lingo.
Sit. L~ouis, Mo.: 500; Olive Street.
San Fralncisco,. Calif.: 310 Cuswtomhlousc
Seattle, Wansh.: 8003 Fedleral Office Building.
Approved Code No. 336
CODE OF FAt~IR COMPETITION
COVERED BUTTON INDUSTRY
As Approved on Mlarch 16, 1934
CODE OF ElArIR COMPETITON FEOR THElf COVERED BUTTN INDUSTRY
A4n application having been duly made pursuant to and inl full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
F'air Competition for the Covered Button Industry, and hearings
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, THEREF`ORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543--A, dated Decemnber
30, 1933, and otherwise* do herebyI incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Comnpetition be and it is hereby approved.
HjUGH S. JoHNson,
A8dministrastor for Indu~stral Recovery.
A. D., WarrElsEE,
March 16, 1934~l.
The White Hiouse.
SmR: The Public Hlearing on the Code of Fair Competition for the
Covered ]Buttoln Industry as proposed by the Coveredl Butt~on
Manufacturer's Inst~it~ute, Inc., was conducted in Washington onl
October 11, 1933.
Every person who requested an appearance was fairly heard at
the ]Public HIearing in accordance with the requirements of the Na-
tional Recovery Administration.
The Code in final form has received the approval of the Industrial,
Labor and Consumers' Advisory Boards and the approval of the
Legal Division. of the NPational Recovery Admininstra3tion The
Resea reh and Planning Division has also examined the Code and
rendcered a report on its provisions. TIhe Association through its
duly accredited officers has approved the final draft orf the Code on
behalf of the Industry.di h oeicudstemnfcueo
Th'le IndustryT as defie nteCd nldstemnfcueo
buttons and buckles which have as their base a moulld and~ are cov-
ered with, thze self-samec material of which the button or buckle be-
coml~es a part.
SThits pindustrymay be said to center in the Eastern Senboard
Staesparicuarl, ew York and Pennsylvania. It performs prao-
tically entirely a convertingr or assemblingr function, nearly all of
the mannufact~ulrer buying a part of the mate~rials usedi, and securing
the balance from their customers for whom the commodity is made.
The industry is highly specializedl and particularly caters to the
dress and cloak and suit industries. The Indlust~ry is directly affectedi
by style variations in th~e indulstr~ies to which it caters.
RAsrnrB OF THE CODE
Article I: sets forth certain definitions.
Article II contains the maximum hour provisions. Exceptions
are mlad~e to the maximum hours provisions for rli~ce help and
Article III sets forth the~ minimum wage provisions. Thle basic
minimum rate of fourteen dollars ($14.00) per week of thirty-seven
and one-half (371/2) hours, is provided~r for employees in New Y~ork
City, and a minimum of thirteen dollars ($13.00) per week for eml-
ployees employed outside of NewLJ YZork City. Exceptions to these
basic minimums are made for learners and errand boys.
Article IV eliminantes child labor and prohibits the employment
of minors under eighteen (18) years of age at operations or occupa-
tions hazardous in nature or dletrimnental to health. This article also
contains provisions mandarrtor~y und~er thle Ac~t.
REPOIRTI TO THI-E PRESIDENT
~Article V provides for the establishment of a Code Authorityr and
defines its powers and duties.
Article VI provides for thre filing of prices with the Code Author-
ity and for the dissemination of price information by th Code
Mem~Kbers of the Industry are prohibited from selling products at
other prices or on other terms than contained in their price lists on
file with the Code Authority.
-Article VII: defines certain trade practices, which have heretofore
exis~tedl in the Industry as unfair, and provides that these prnc.tice~s
Article VIII contains the methtlod by which the Code may be
modjifiedl or amended.
Article IX contains the provisions in reference to mnonopolies and
discrimination against small enterprises required by the ~Act.
Article X states the effective date of the Code.
LABOR PROV'ISIONS -POSSIBLE REEMPLOYMPENcT
Hours.-The average working w~eek in the Industry during thne
year 1932 wrcas approximately forty-eight hours. Since the majority
of the members of the Industry have adopted the President's RLe-
emzployment Agreement, the Industry is already working on the
forty hour basis. The dode as approved, providing for a maximum
work week of thirty-seven and one-half hours, will bring about a
further reduction in hours and p~robabhly an increase in emnploymenlt.
The total number of emplloyees in the Industry has been increased
during the past six months approximately twenty-five percent.
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 pro-
ceedings in this matter;
I find that:
(a)\ SalidJ jCode is well designed to promote the policies and pur-
poses of TPitle I of the National Industrial Recovery Act, including
removal of obstructions to thne free flowr of interstate and foreign
conulner~ce which tend to diminish the amount thereof and will pro-
vilde for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by including and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervisions, by
eliminating unfair competitive practice, by promoting the fullest
possible utilization of the present production capacity of Industries,
byF avoiding undue restriction of production (except as may be tem-
porarily requred), by increasing the consumption of industrial and
agricultural products through. increasing purchasing power, by redue-
ing and relieving unemployment, by improving standards of labor,
and by otherwise rehabilitation industry.
(b) Said industry normally employs not more thann 50,000 em-
ployees; and is not classified by9 me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent prov~isionls of saidl Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsec-
a ition (b,) of Section 10 thereof; and that the applicant association is
an ndutril ssoiatontruly representative of the aforesaid indus-
try; and that said association imposes no inequitable restrictions on
admission to :membership therein.
(d) The Code is not desigqnedl to and will not permit monopolies
or monopolistic practices.
(e1) 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.
For these reasons this Code has b~een apprroved.
Hcan S. Joanson,
MARCHr 16, 1934.
CODE OF FAIlR COIMPETIITION FOIR TH-E COVERED
TCo effectuate the policies of Title I of the National I[ndustrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Covered Button Industry and shall be
the standard of fair competition for this industry, and shall be bind-
ing upon every member thereof.
A)RTICILE I TDEFl;INITIONS
1. T1Che termz industry as used herein includes the manufacture
of Buttonrs and Buckles which hav~e as their base a mold and are cov-
ered with the! selfsame material of the article or product of which
the button or buckle becomes a part.
2. The term employee as used herein includes any person en-
gaged in any phase of the industrS, in any capacity, i~rrspective of
the method of compensation or his interest otherwise in said industry.
3. The term employer as used herein includes anyone for wrJhose
benefit such an employee is so e~ngaged.
4. The term member of the industry as used herein includes
anyone engaged in the indust ry as above defined either as an employer
or on his own behanlf.
5. The terms "LAct ", "Administrator ", and President as used
herein shall mean respectively T~itle I of the JNational Industrial
Recovery Act, the Administrator for Industrial RtecovFery, and the
President of the United States.
A HTICLE II--HOUSRS OF LABOR
1. No employee shall be permitted to work in excess of thirty seven
and one-hnalf (371/2) hours in anly onle week;, or more than seven and
one-half (71/2) hours in any twenty-four (24) hour period, or more
than five (5) days in any one week, except as hereinafter provided.
2. Office employees may be permitted to work: a mnaximaum of forty-
four (44) hours in any one week.
3. The Code Authority upon request shall permit ov-ertimne for
employees engagedl in the manual or mechanical process of manuface-
ture for a period of not more than sixteen (16) w-eekis during each
calendar year. The total number of hours overtime worked by any
employee in each calendar year shall not exceed one hundred and
twenty (120) hours; nor shall anly employee be permlitted to work
more than ten (10) hours overtime in anly onze w~ee.
4. The provisions of this Article shall not apply to outside
5. No member of the industry nor any employee shall work in his
shop or factory at manufacturing operations after the regular hours
6., Any member of the, industry who does substantially the same
wor~k as an employee shall comply withl the provisions as to hours of
7. Subject to approval by Admiinistr~ator the Code Authority may
designate the.a hour before which wrork shall not begin and the hour
after which work shall. cease for all shift-s of w-ork and may deter-
mine in which localities this rule shall apply.
8. No employer shall knowingly pelrmit any emplloyee to w~ork; for
any time which, when totaled with that already performed withi
another employer or employers in. this industry, exceeds the maxi-
mum permitted herein.
1. No employee, shall be paid less than at the rate of fourteen
dollars ($14.00) per week of t-hirty-seve~n and one-half" (37%~) hours
w\-hen employed in N~ew ~York City; nor less than at the rate of t'hir-
teen dollars ($13.00) per week when employed outside of New York
City, except as hlereinafter provided.
2. Errand b~oys may be paid not less thanl at thle r~ate of twelve
dollars ($12.00) per week; of thirty-seven and one-h~alf (3749) hours.
When errand boys are engaged at manual or mechanical processes
of mIlanulfacture they shall r~eceive the rates of pay providedl in the
forego~ingr section of this Article.
3. Lenr~ners~ may be paid not less than at the rate of eighty per-
cent (80%) of the m~inimuml wage provided for herein for a period
not to exceed three (3) months provided that at no time shall the
total number of learners employed by any one empllo~yer exceedl tenl
percent (10 2.~) of the total numlberl of empl~oyees. H~oweer, any emn-
ployer shall be entitled to employ at least one learner. Erra~nd boys,
howeverl, shall not be paaid less than at the rate of twe~l\e dollars
($i12.00) per w eek~.
4. EmlolT'yees shall be paid nlot less than at the r~ate of time and
one half their normal wage r~ate for all time worked< in excess of
the maximum hours prov~ided in Article IL,
5. This Article establishes a mlininul~llInuC reof pay, regardllelis of
whether an employee is compenliatedl on a time rante, piece w~ork or
6. No employer shall reduce the w-eekly comlpensation for emnploy-
Inen~t of employees re~eiving more than the mlinim~uml wages herein-
above set forth;, notwithstanding the hours of work for such emn-
ployment may bec hereby reducedf. The rate of w-nges p~aid to piece
workers shall be raised equitably to comipenlsate for the reduction
of hours und~er this Code.
7. Fiemnale em~ployees per~formiing substantially th~e samne work as
mnale employees shall receive thne same rate of pay' as m'al employees.
ARTICLE IV- GENERAL~ LABOR PROV'ISIONS
1. Nio person under sixteen (16) ear~s of age shall be employed
in the industryS, nor anyone under eighteen years of age at operations
or occupations hazardous in nature or detrimental to health. The
Code Authiorit~y shall submit to the Adminis~trator before MCay 1,
1934, a list of such occupations. In anty State anl employer shall be
deemed to have comp~lied with this provision if he shall have on file
a certificate or prmit, duly issued by the authority in such State em-
powered to isse employment or age certificates or permits showing
that thTle employee is of the required age.
2. Employees shall ha-ve the right to organlize and bargain coll~ec-
tieythrough representatives of their own, choosing, and shall be
fii1111111115ree ro the interference, restraints, or coercion of employers of la-
bor, or their agents, in the dlesignlation of such r~epr~esentatives, or in
self-organization, or in other concerted alctivities for thle purpose, of
collective bargaining or other mut-ual aid or protection.
3. N~o emplloyee a~nd no one seeking employment shall be required
as a condition. of" employment to join anyT company unions or to
refrain fromi jounng, organizing, or assisting a labor organization
of his own choosinlg.
4. Employers shall comply with the maxnimlumi hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
5i. WIithin each State. this Code shall not supersede anyT laws of
such State imposing more str~ingent reqjuilrnemen on, any employers,
regulating the age of employees, wages, houurs of w\ork;, or health,
fire or general working~ conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by empllloyees or engage mn anly other subterfuge
so as to defeat the purpose of the Act.
7. Each employer shall post in cocn.splicuoju s places accessible to
employees full copies of Articles II. III and IVI of the Code.
AnTICLE V--OnaC.\ x z.\Irroh, POWERS AND DUTIES OF THE CODE
A. ORGANIZATION AND CONSTITIUTION
1, There shall forthwith be constituted a Codae Authorityr con-
alstmng of :
(a) Seven (7) representativ-es of the Industry or ainy such other
numbers as may be approved from time to t~ime by the Adminis-
trator, to be selected as hereinafter provided.
(b) Onle representative to be appointed by the Adm~inistrator
upon the nomination of the Labor Advrisory Board.
(c) Such additional represe~ntatives without vote, not to exceed
three, as the .Administrator m~ay appoint to represent such groups
or interests or such governmlental agencies as he may designate.
2. The representatives of the Ind~ustr~y shall be selected by the
Covered But~ton Mianufacturer~s Institute.
3. Each trade or industrial association directly or indirectly par-
ticip~ating in the selection or activities of the Code AuthorityT shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Adlministrato~r true copies of its articles of association,
by-laws, regulations, and ~any amendmients when made theret.0, to-
gether with such other information as to membership, organization,
and activities as the Adm~inistrator may deem necessary to e~ff~ectuate
the purposes of the .Act.
4. lIn order that the Code, Authority shall at all times be truly
representative of the industry and in other resplects comply with the
Provisions of the Act, the Administrator may prescribe such heaLr-
mgs as he ~may deem proper; and thereafter if he shall find that the
1"Code Authority is not truly representative or does not in other
respects comply withl the provisions of th Act, may require an
ap~prop~riate modification in the method of selection of the Code
5. Members of the industry shall be entitled to participate in1 and
share the benefits of the activities of the Code Authoritye an sby assent-
ing to and complying with the requirements of thisCoeadu-
taining their reasonable share of the expenses of its administration.
Suchl reasonable share of the expenses of administration shall be
determined by the Code Authority, subject to review by the Admin-
istrator, on the basis of volume of business a~nd/or such other fac-
tors as may be deemed equitable.
6. Nothm~g contained mn this Code! shall constitute thle members of
the Code A~uthnority partners for any purpose. Nor shall any mem-
ber of thne 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, exercis-
ing reasonable diligence in the conduct of his duties hereunder, be
liabl1e to any3one for anly action or omission to act under this Code,
except for his own wilful mrisfeasance or nonfeasance.
7. If thne Admcinistrator shall determine that any action of a code
authority or any agency thereof may be unfair or unjust or con-
trary to the public interest, the Administrator may require that such
action be suspended to afford an opportunity for investigaation of
the merits of such action and further consideration by such colde
authority or agency pending final action which, shall not be effee-
tive unless the Administrator approves or unless he shall fail to
disapprove after thirty days' notice to him of intention to proceed
with such action in its original or modified form.
B. POWERS AND DUTIES
1. The Code Authority shall have the following further powers
and duties to the extent permitted by the Act.
(a) To elect officers and to assign to them suchl duties as it may
consider advisable, and to provide rules for its procedure, and its
continuance as the administrative agency of this Code, in accordance
with the terms of the Act and the principles hereini set forth.
(b) To receive, investigate, and adjust complaints of violations
of this Code, and based upon such investigations and after such hear-
ings as it may deem proper, to make recomm Iendat~ionls in respect
thereto to the proper authorities for the prosecution of such viola-
tions; provided, howeer, that this shall not be construed to deprive
duly authorized governmental agencies of their power to enforce
the provisions of this Code or of the Act. The application of this
section shall be subject to the approval of the Administrator and
shall be subject to any rules and regullationls he may issue pursuant
(c) To obtain from time to time from emlployers in the indlustr~y
reports in respect to wnages, hours of labor, conditions of employ-
ment, number of emlployees and other matters pertinent to the pur-
poses of this Code, as the Code Authority mnay prescribe, and to
submit periodical r~epor~ts to the Administrator in such formrJ and at
such times as h~e may require, in order that thie ]President may be
kept informed with respect to the observance t~hereof.
N~o individual reports shall be disclosed to anly other member of
the industry or any other party except to such gorvermnentaltl ag~entsies
as may be directed byT the -Admninistrator.
(d) To use suchl trade associations and other agencies as it deemas
proper for the carrying out of any of its activities provided for
herein, and to pay such agents the cost thereof ; provided that such
agency shall at all times be subject to and comply with the provisions
of this Code; and provided further, that nothing herein shall relieve
the Code Auth~ority of any~ of its duties and responsibilities here-
(e) To coordinate thne admlinistration of this Code with such
other codes if any, as may be related to the Covered Button M/lanu-
facturing Industry, or any subdivisions thereof, with a view to
promoting joint and harmonious action uporrn mtter~s of c~ommnn~
(f) To make surveys, to compile reports, to collect statistics and
trade information, to investigate unfair trade practices, to make
recommencndations for fair trade practices, and otherwise assist the
Ad m inist rat or in e affecting the purposes of this Code and the Act.
(g) To provide ways and means for financing the operationI of
soid Code Authority and to determine an equitable method of
apportioning in the industry the cost of adlministeringg this Code.
Money :ra ised~ in any manner shall not exceed- in amount such reasonr-
able cost. The application of this section shall at all times~ be subject
to review by thne Administrator and shall be subject to any rules and
regulations which may be issued by the Adm~inisrt ator.l
(h) TIo cooperate with the A~dministrator in regulating the use
of the NJ.`R.AS. insignia solely by those employers who have asrsentedl
to this Code.
(i) The Code Authority shall have the power to formulate an
accounting systems and methods of cost finding and/or el-timating,
capable of uxse by all mlembers8 of the industry. After such systems
and methods have been formulated, full detalils concerning them
shall be mliade available, to all members. Ther~eafter all members
shall determine and~/or estimate costs in accordance with the prin-
ciples of such methods. The app:licationl of this prov\isionl shall be
subject to the approval of the Administrator.
2. In addition to the informnationr l required to be submitted to the
Code A~uthority, all members of the industry shall furnish suzch
adequate information as the Admnirl.s~trator may deemn necesaryS for
th~e purposes recited in Section 3 (a) of the Act to such federal and
state agenciest as the Administrator may designate. Nothiing in this
Code shall relieve any one of anly exilsting obligations to furlnish
reports to government agaencies
ARTICLE V7I-PRIC'E LISITING:
M~ember~s of the: Industry shall file with the Code Author~ity a
schedule of prices and terms of sale for such products as the Code
Authority may designate, within thirty (30) days after the effective
date of this Code and from time to time thereafter. Such schedules
may be revised by filing new price lists with the Code Authority.
The Code Authiority shall immediately send copies of all schedules
filed to all members of the Industry who manufacture the products
covered by such schedules. MJembers of thle Industry shall not sell
their products at other prices or onl other terms than set forth in
their price lists which have been filed wFlith the Code Authority.
Anricia VII-TRADE PRACTICIES
T'he following practices constitute unfair methods of competition
for members of this I~ndustry and are prohibited:
1. No mnem~ber of the Industry shall sell anly products upon any
other terms, except as expressly~ set forth in the order, contract of
sale, or the invoice pertainmng to suchn sale.
2. No member of the Industry shall m~ark or brand any of the
products of this Industry in such a manner as to mislead or deceive
customers, or prospective customers, as to the grade, quality, quan-
tity, substance, character, nature, origin, size, finish, or preparations
of any of thle products of the industry.
3. NEo member of the I~ndustry shall make or cause to be made, or
permit to be made, or publish an~y false, untrue, or dleceptive state-
ment by- way of advertisement or otherwise concerning the grad~e,
quality, quantity, substance, character, nature~, origin, size, prepanra-
tion of anly product of the IndustryT having the tendency and capac-
ity to mislead or deceive purchasers or prospective purchasers.
4. No member of the Industry shall make false or derogatory
reference, either written or printed, of competitors or their products,
or circulate harmful rumors regarding competitor's products, or
personal or financial re~presentation1.
5. N~o member of the Industry shall ship mnerchandise on
memoranda or on consignment.
6. No member of thne Industry shall sell merchandise or offer
same for sale below cost of production of such mnerchandise; how-
ever, any member of this Industry~ may sell below his own cost to
meetthe omptition of another member of the Industry whose costs
me h oare lower. Co0st for the purposes of this provision shrall be deter-
mined in accordance with the accounting system provided for in
Article Vr hereof.
7. No member of the Industry shall sell merchandise. at a cash
discount in excess of two percent (B9%) for payment on the fifteenth
day of the month following shlipmlent.
8. No member of the Inmdustry shall give sample B3uttons to cus-
tomers or prospective customers, unless a reasonable payment has
been made! therefore.
9. No member of the Industry shall sell buttons other than at
prices based upon gross lots or fractions thereof.
10. N1o member of the Industry shall secure or attempt to secure
or elicit any information regarding any competitor as to the method
of such competitor of doing business, nor lists of the customers of
any such competitor.
11. No member of the Industry shall withhold fromt or insert in
any quotation or invoice any statement that makes it inaccurate in
any material particular.
12. No member of the Industry shall marliciously induce or attempt
to induce the breach. of an existing oral or writ~ten contract between
a competitor and his cls~toler or source of supply, or interfere with
or obstruct thne performlanee of any suchn contractual duties or
13. No member of the Indrustry shall secretly offer or make any
payment or allowance of a rebate, refund, commission, credit, un-
earned discount or excess allowance, whether in the form of money
or otherwise, for the purpose of influencing a sale, nor shall a memu-
ber secretly extendlc to any customer any special service or privileget
not, extended to all culstomler~s of the same class.
14. No member of the Industry shall give, permit to be givenI, or
directly offer to give, anything of value, for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representativetir
of another in reclation to thie business of the employer of such eml-
ployee, the principal of such agent or the represented party, without
the knowledge of such employer, princial~n or party. Commercial
bribery provision shall not be~ construed to prohibit free and general
distribution of articles commonly used for advertising excepi-t so
far as such articles are actually used for commercial bribery as
15. No member of the Industry shall publish or circularize threats
or suits for infringement of patents, or trade marks, or any other
legal proceedings not in good faith with the tendency or effect of
harasising~ competitors or intimidating their custom-ers.
ARTICLE VIIII--1 0DIFICATIONiS
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with th~e pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery _Act, from time to time to cancel or modify any order,
approval, license, rule or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions im-
posed by him upon his approval th~ereof.
2. This Code, except as to provisions required by the Act, may
be modified on the basis of experienc-e or changes in circumstances,
such modifications, to be based upon application to the Administrator
and such notice and hearing as he shall specify, and to become effec-
tive upon approval of the Administrator.
No provisions of this Code shall be so applied as to permit monop-
olies or monopolistic practice, or to eliminate, oppress, or discrim-
inate Aagainstf small enterprises.
ARTCLE X EFFECTIVE: DATE
This Code shall become effective on the tenth day after its
ABpproved Code No. 336.
Registry ]No. 1612-1-01l.
1111111111111 II II1ll II IIIIIII1111111IIIII1llII IIIII11111