NATIONAL RECOVERY ADMINISTRATIONN
CODF ~OF FAIR COBIIPETITION
BEAUTY APND BARBER SHOP
AS APPROVED ON ]FEBRUARY 16, 1934
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 286
Registry No. 1606--05
GOVERNMENT~ PRINTING OFFICE
WASHINGTON : 1934
Ths publications is for sale by the Superintendent of Documents, Governmelt;
Printing Office, Washingfton, D.C., and by district offices of the Bureau of
Foreign. and Domestic Commerce.
DISTRICT' OFFICES OF THE DEPARTMENT OF COMlMERCE
Atlanta, Ga.: 504 Post Ofice~ Buildling
Birminghlam, Ala.: 257 Federal Biuilding.
Boston, Mass. : 1801 Customhlouse.
Buffalo, N.Y.: (Chamberl~l of (IInIInter'e B~uildling.
Charleston, S.C.: Chamrber of Commerce Building.
Chil-;pc. Ill.: Suite 1706j, "!01 North Wiells Street.
Clr\tvelllan. Ohio: Chamber of Comamerce.
D~allas, Tex.: Chamber of Commerc'e Building.
Detroit, Alilh. ""13 First National~l Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indlinanpolllsi Indl.: ('hamber~c~ of Commerce Building.
Jackso~nville, F'la.: CJhambter of Comlmerc~e Building.
K~ansas City, Mlo.: 1028 Batltrmore Avenue.
Los Aneek ,~~ Calif.: 1163 South Broadwvay.
Louti-\ille, Ky.: 408 Fedlralfl Buildling.
iMemphis, Tenn.: fl-'Ul Federa; l Building.
11ill nna apli, MIinn.: 213 .Fedrale Building.
New Orleans, Lia.: ]Room 22.T-A, Custombouse.
New York, N.Y.: 734i Cunstomhouse.
N~orfolki, Va.: -100l Eas1t Plume Street.
Philadeltlhia.. Pa.: 933 Commercial Trust Building.
Pittsburgh, P~a.: Chamber of Commer-ceF Buildling.
Portland, Oreg.: 215 Neil- Post farti,e Buildlingr.
St. Ltouis, 110I.: 506 Olive Street.
San Francisco, Cal'f.: 310 Customhouse.
Seattle, W~ash.: 809 Federal Building.
Approved Code No. 286
CODE OF FAI[R COMPETITION
BIEAUJT'Y AND ]BARBER SHOI[P fMECHAANICAIL
EQUIPMENT MIANIUFACTUIRING IN6DUSTRtY
As Approved, on February 16, 1934
APrrovINo CODE OF FAIR COMPETITION FOR TH-IE BEAUTY AND BARBER
Snor MIECHAN~ICAL EQ1UIPM1ENVT 31.1NFACTURING ]NDUUSTRYS
An application having ben. duly m-ade pur~ssunnt to and in. full
compliance with~ the provisions of TIitle I of the N\ational Industrial
Recovery~ Act, approved June 16, 1933, for approval of a Code of
F'air Comlpetition for the Beautyr and Barber Shop Mechannical
Equipment Manufacturing 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, THEREFORIE, on behalf of the President of the United
States, I, Hugah S. Johnson, Administrator for Industrial Rec~overy,
p~ursunnt to authority testedd in me byEeuieOdroftePsi
dent, including Executive Orderseui No.er 654-A dae Decembe 30
1933, and otherwise; do hereby incorporate by refermene said an-
nexe~d report and do find that said Code complies in all recspects w~ith
the pertinent provisions and will promote the policy and purposes
of said TIitle of said Act; and do hereby order that said Code of
Fair Competition be and it is hereby approved; provided, however,
that the provisions of Section 3 (c) of Article VI, insofar as they
prescribe a wsaiting periodl between the filing with the Code Au-
thiority and thne effective date~ of revised price lists or revised terms
and conditions of sale be and they are hereby stayed pending my
further Order either within a period of sixrty days from the effective
date of this Code or after the com~let~ion of a study of open price
associations now being conducted by the Nat~ional Recovery
HUGI I 8. OHNSON,
Administrator for Ind~ust~ial~ Recove~y.
.Approvanl recommended :
W. A.~ HA-RRIMABN,
Division. A dm~inistr~ator.
February 16i, 1936.
40874*---70-8 5 34
REiiPORT TO TH`~E PRESIDENT
The Whitse House~1.
SIR: This is a report on thze Code of Fair Competfjitonl for thle
Beauty and Batrber Shop MIchanliiell Eqipnwnl~ll'lt Manullfur~t ulilgr
Indutry~t in thie United~ ,S~taltc. as revised after a hearing ccnlluc~te~d
inWshnton, D).C., on Decemrber 21, 1933, in accorknee1c with the
pr~ovi ions- of the National Industrliall Recovery ~Act.
110[88l( AND WAGES
The Codle pr~ovidles that the tsuployeecr eng~aged~I on continulous
process op~eration-l may work more than eight (8) hours 1,(r day,
btnot to exceed forty (40) hours per wceek in normal peri~ods and
the hours in one day in excess of eight (8) hours shall be, paid for
at the r~ate of one and one-haltlf tim~tes the normaal rate. DUr~1ine a
peak period~, not to exscee~d tw~elve (12) weeks~l; in any one c-nlendac~ir
year, emplloyees may work forty-four (44) hours11' per' wee.~ck but the
hours in excess of ~forty (40) hours per w~eekr shall be paid for at
the rate of one and one-half times(' the normal ralte. Except iolnc to
these hours are! provided for watchmlen, who are permnitted to w1or'k
a maximum of forty-eight (48) hoursI' per weekc~l, averaged over a conl-
secutive 2-weeks~li' period. Also, excepttions are madel~ for ou~tcside
sale~lllnen and oultsid'e service employees, ex~cutive, chemists. and
research wror~kers earning more than thirty-five~ (35) dollars per
TIhe limitations of hours sha~ll not apply in c_;resc of emergenc't'iLy
but in such special cases, the waget rate for thle hours workedt in
excess~ of the nusiximumi hours shall be one and one-half timesi the
Ai minimum rate of pay of forty (40) I~ltc; nts pr hour is estab-
livlhed with the pr1ovisionsI1 that office boys or girls shall not be paIid
less than eighty (80) per cent of th-e mninimumn rate.
S~tandards- for sanitattion and safety, as r~c;(nunendedllt'c byT the
United States Public Health Service, shalnl be submitted b~y the Code
Authority to the Administrator. No home work is to be allowed.
No person under sixteen (16) years of age shall be emplloyed and
no.ne under eigh~ltreen (18) years of agce in occupations detrimental
Employees shall not be reclassified so as to d~feat the purposes of
the Act, and labor agr~~ileemet., nowi in force shall be affected only by
provisions thatl prescribe higher ra~tes of pay" and shorter hours of
ECHNOMI~tI~IC' AND C;T.1TIS~TICA L M. TEH:IALI
Thec Inducll-try is not large as there were only about 2,300 peirsons
em~ploy-ed during~ the month~ of August 1933.,and less~ than. for~ty firms
were engaged~ in the businesses. The capital invecsted in 1932 was esti-
mated at twelve million dollars ($12,000,000) and the annual sales
at t wenlty-five million dollars ($25,000,000). Of the thir~ty-eighlt
firms who replied to questionnaires, tw~enty-four of them, wh-o are
members of the Association, employed 1,900 persons.
The statistic-s on. wages that were compiled are quite meagre but
theyS show that very low wages were paid, in reveral instances, not
more thlan fifteen (15) cents per hour, and the average mninimumn
wage for the entire Industry was twPlenty-nline cents (29t#) per hour
in Augrust, 1933. Ilt is estimated that undcer the Code employment
will be increa1:sedi ten per cent, ancd the amount paid out in wagerts will
be inlcreasedc~ substantially. The Industry indicated that thle peak
of emp~loymentll comres inr the spring and early urllnuneor moths.
T~he Deputy Administrator in his final report to me on said Code
having found as herein set forth and on thne basis of all the proceed-
ings in this matter:
I, find thazt:
(a) Said Code is well designled~ to p~romorl:te the policies and pur-
poses of Title I of the National Industrial Rtecovery Act, including
remnovtal of obstructions to the free flow of inters~itat, and foreign
commner~ce which tend to diminish the amount thereof and will p~ro-
vide for the general welfare byr promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing anld mnintainingr united action of labor and ma~nage-
ment under adequate governmental sanctions and supervision, by
eliminlatingr unfair competitive practices, by promoting the fullest
possible utiilizationl of the present productive capacity of industries,
byV avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumptionol of industrial and
agriculturlln products through increasing ~purchasing power, by re-
dueing and relieving unemployment, by Im~proving standards of
labor, and by otherwise rehabilitating .industr~y.
(b) Eraid Industry normally employs not more than. 50,000 em~-
ployees; and is not classified by me as a major indul~str~y.
(c) The Code as approved complies in. all respe~t c~ts with the perti-
nent provisions of said Title of said Act, including w-ithout limita-
tionl Sutbsection (a) of Sec~tion 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant groups)
is an ind'ustrial group, truly repr~esentative of the aforesaid Ibndus-
try; and that said group imp~oses no inequitable r~estrictionsl on3 admllis-
sionl to mlembershlip therein.
(d)' The? Codejp is: Tnot. deig~nedl to and will not permit monopolies
or monopolistic practices.
(e) The Code is not. designredl to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) TIhose engaged in other steps of the economic process have not
been deprived of the right to be heard prior to app~rova"l of said
For these r~easons, therefore, I have ap~pr~oved this Code; provided,
however, that the provisions of Section 3 (c) of Article VI, insofar
as they precscr~ibe a waiting period between the filing with the Code
Authority and thne effective date of revised price lists or revised terms
and conditions of sale be and they are hereby stayled pending my
further Order either within a period of sixty days forom the effective
date of said Code or after the completion of a study of open price
associations no-w being condlcuc.tedl by the National ]Recovery Admin-
Hona S. JOHNbON,
FEBRUARY li, 1934.
CODE OF FAIR COMf'PET~ITION FiOR THE BEAUTY AND)
BAI1RBERi SHOP MECHArllNICAL EQUIPMENT MA~NUFAC-
To effectualte the policy of Title I of the National Industrial
Recovery Act the following provisions are established~c as a Code
of F'air Competition for the Beauty and Barber Shop M~ec~hanical
Equipment Manufacturing Industry and shall be the standards of
fair competition for such Industry and shall be binding upon every
AIs usedl herein, the term, Industry shall mean the In~dustry
engaged in the United States, its territories and possessions, in the
business of manufacturing permanent waving machines, equipmlenlt,
accessories and supplies used in the process of permanently~ way-
inlg, hair dryers, scalp steamner~, massage mnachines, electrical ey-e-
brow twercezers, and articles of mnechalnican l equipment (excluding
chairs and furniture, used in beauty shops and barber shops) and
-such other related branches as may from time to time be included
under the provisions of this Code.
The term employee as used herein includes anyone engaged in
the Indus~~try3 in any capacity, receiving compensation. for his services
irrespective of the nature! or method of paymlenlt of such com~pensa-
The term employer as used herein includes anyone by ~whomn
any such employee is compensated or employed.
The term memberr of the Industry inlclud~es anyone el~ngaged
as above dlefined,. either as employer or on his own behalf.
The terms President ", "Act ", and "CAdministrator as used
herein shall mean respectively the President of the U1nited States,
Title I of the NSational Indlustrial Recov\eryS AL)ct, and the Admninis-
trator for Industrial Recovery.
SEC.TION f. PNiO watchman shall be permitted to w~orkl in. excess of
forty-eighit (48) hours per week; averaged over a consecutive two
weeks' p~eriodl, and in no event shall be permitted to work in excess
of six (6) days in anyS consecutive seven (7) day~s' period.
Smarolv 2. Employees working on continuous process operations
shall be permnittedi to work in excess of eight (8) hours in. any one
day but not to exceed forty ~(40) hours in any one wee~k except as
hereinafter provided in Section 5 of this A~rticle. Such additional
hours of labor in excess of eight (8) hours in any one day are to be
paid for at leat ~ at the rate of timle and one-half (~1/) of the normal
rate of payT and the total numberl~l of such employees working on con-
tinuous process operations shall at no time exceed two (2) per cent
of the total number of em-ployees in thle plant.
S~ECTON 3. No otherL employees except c~hemrists, ex.*,-utives, and
research and scientific woorkers, earning in excess of thirty-five dol-
latrs per week, and outside salesmlen and outside service employees,
shall workr in excess of forty (40) hours in any one week or eight i(8)
hours in any twenty-four (24) hour period, except as hereinafter
provided in Section 5 of this Article, and in, no event shall be per-
mitted to w~orkr in ex~cess of six (6) days in anyr concventivec seven (7)
SEC.TION 4. The maximnumn hour~lS fixed in the foregocing~ section shall
not apply to any employee on emergency mlainltenance or emergency
repair work involving breakd~owhs or protection of life or property,
but in any such special case such employees shall be paid at the rate
of at least time! and one-half (~1/) for hours worked in exce-4s of the
an ximumlll hours herein provided.
SECTION 5. During a peak: period not to exceed twelve weeks in any
one ceniendarn l year, no employee shall be permitted. to workr in excess
of forty--four (44) hours per week and extra time over and above
forty (40) hours per week shall be paid for at the rate of time and
onec-half (1%L) of the normal rate of pay.
SIcrenox 6. Emlployers who personally perform manual work, or
are engag1~ed in m~echanical operation,shlnoexedteperid
anaxunarln number of hours as rlpecifiedl in this Code.,
ARTICLE 1- WAGES
SECTIOS 1. No employee other than office boys and girls shall be
paid at less than the rate of forty (40) cents per hour, which shall
apply irrespective of whether an employee is actually comlnpensated
on a time rate, piece work or other basis.
SECTION 2. No office boy or girl shall be paid less than ~eighty (80)
per cent of the rate specified in Section 1 of this Article. This class
of employee shall not exceed five (5) per cent of the total ulnumber of
SECTIONI 3. In the payment of wagl~es there shall be no dliscl~rimina-
tion as to sex and th~e same rate per hour shall be paid for male or
female labor where like service is rendc'eredl.
SECTION 4. Equitable adjustments of all wazges above the miilnmum
shalll be made not later than thirty (30) days from the effective date
by the employers who have not hneretofore made such a djuslt merits.
TIhe first monthly rejpo~t, of the wages to be filed under this Code shall
ccollntin all wage inc~reases -made since May 1_, 1933. Such adjust-
mlentsi shall not reduce the hourly wage rates.
SECTION 5. Paymnent of all wages due shall be mlade in lawful
enlrr~ency~ or by negotiable check payable on demannd. Wages shall be
pa'id at regular intervals either wreekly or semnimonthly. These wrages
shall be exeimpt from. any payments for pensions, insurance or sick
benefits other than those voluntarily paid by the wage ear~ners.
An employee shall be paidi at least hnis full time hourlly rate for all
time his pr~esence is .Iryquired at place of emp~rloyment.
This Article establishecs a minimtlnun rate olf pay which shall apply
irrespective of whether an empllloye~e is nort lllly Ccolognall;ltd ( on a
time rate, pieceworkl, or other Uns1i.
AR'TICLIE T- GENERAL LABOR VROVI\.INNS~
S~ECTION 1. 170 person under ~ixteenI (16) years of ag~re shall be
employed in the 1Industry, nor anyone under eighteen (18) yaS'cn' of
age at operat~ions or ocnclpntions haIlzaltrdus in nature or de~tr~imental
to health. W~lithin sisty (60O) days from t~he effective date of this
Code, the Code Authority shall submnit to the Administrant or for
approval a list of such occlupations or ojperations. In any State an
emlployer shall be deemed to have comlplied -with this provision if he
shall have on file a certificate or permit duly isiued~ byr the authority
in such State empoweredc't to issue emzployment or age certificates or
permits, showing that the emlployee is of thne required age.
SIECTION 2. Employees shall have the right to organlize andl bargu~in
collective~ly thlrough rlepresenltatives~ of their o~wn choosing, and shazll
be free from the interference, restranint, or c~oe~c~ion of employers of
labor, or their agents, in the designation of such rcllepcresetatives or an
self-organization or in other concerted activities for the purpose of
collective bargaining or other m~utual aid or protection.
SECTION 3. 11O employee and no one se-eking employment shall be
required as a condition of employment to join any company umion or
to refrain from joinmng, organlrnzm. or assistingf a labor orga~nizationn
of hlis ownn choosing.
SECTION 4. Employers shall comply w~it~h the maximnum hours of
labor, minimum rates of pay, and other conditions of emplloyment
approvedl or plrscr~ibed bahy th~e tlPreid~ent. l o rrprll
SECTION 5i. Within ec tt hsCd hl o uesd n
laws of such State imposing more .str~ingent requiremen~lts on, emz-
ployers regulating~r the age of emlployees, wccages, hlours~ of work, or
hlealt'h, fire, or general working conditioning than under this Code.
SECTION 6. Employers shall not reclassify employees or duties of
occupations performed by employees so as to defeat the purposes of
SECTION 7. ]Each e mployecr shall post in, conlspicuousi places full
copies of this Code.
SECTION 8. NO homole workz shall be allowedl and no work shall be
done or permitted in teniement, private houses, basements, or in any
unsanitary or unsafe buildings. A manual for standards in sanita-
tion and safety shall be submitted by the Code Authority to th
ALddministrator a~nd shallbe recommended by the Aimer~ican Standardls
Association of the UT.S. Public Health Service.
SECTIrON 9. Each employer shall mnaker reasonable provision for the
safety and health of hlis employees at the place and during the hours
of their employment. Standa~rds for safety and health shall be sutb-
mitt~ed by the Code Aut~hority to the Admninistrat.0r for appr~oval
within six months after the effective date! of thiis Code.
SECTION 10. Labor agreements now in force between members of
the Industry and their employees shal be affected only by such pro-
visions in this Code as mnay prescribe, higher wages andl shor~ter hours
as are provided for in such~ agrIeements.
SI:.eIno 11. An emp~loyetr shnall so admlinister work in his charge
as to provide the maximum practical continuity of employment for
hisperonnl.Thle Joint Industr~ial Relations B~oard shall submit a
plan, for rezgular~ization and stabilization of em~p!o~yment in. the Indus-
try for approval by the Administr1ator within six (6) months.
ARTICLE VII TRADE: PRACTICE Provi\.IoINS
Sve?-Ino 1. (a) No memb111er of the Industry shall use advertising,
whether prinltel, radio, display, or of any other nature, which is inac-
curate in any material particular or misre~presents merchandise,
cred~iit terms, values, policies, or services; and no member of the In-
dusltry3 shall use adverctising and/or selling methods which tend to
deceive~t or mislead the c~ustomer.1
(b) N;o member of the Industry shall use advertising which refers
inacculrately inl any material particular to any competitor or his mer-
chnandlise prices, values, credit terms, policies, or services.
SECTION 2. N~o member of th~e Indlustry shall give, permit to be
gven, or directly offer to give, anyrthing of value for the purpose
influencing or rewTar'dingr the action of any employee, agent, or
representative of another in relation to the business of the Amployer
of such emplloyee, the principal of such agent or the represented
party, without the k~nowledgre of such employer, principal or party.
This paragraph shall not be construed to prohibit free and general
distribution of articles com~lmonly used for advertising, except so
far as such articles are actually used for commercial bribery, as
SECTION 3. (a.) Each member of the Industry shall sell only upon
the basis of open prices which are uniform to all trade buyers of
the same class of distributors for the same qunalit~y and quantity.
(b) The term open prices ", as usedr in this Section, means a
price list which is published for the equal information of all trade
buyers and which states all the manufacturers prevailing terms of
(c) ]Each member of the Industry shall file his current price list
and discount sheet with the Code Auth~ority within ten (10) days
after thne approval of this Code. Revised price lists and/or discount
sheets may be filed from, time to time thereafter with the Code
Authority by any member of the Inldus~try3, to become effective upon
the date specified therein, but such revised price lists and/or dis-
count sheets shall be filed w~ithl the Code Authority ten (10) days
in advance of the effective date. Copies of such revised price lists
and/or discount sheets, with notice of the effective date specified,
shall be sent immediately to all members of the Industry, who
thereupon may file, to become effective upon the date when the revised
price list and/or discount sheet first filed shall go into effect, revisions
of their price lists and/or discount sheets es~tablishing prices or
prices and discounts not lower than those established in the re-vised
price lists and/or discount sheets first filed
(d) No member of the Industry shall secretly offer or make any
payment or allowance of a rebate, refund, commission, credit, un-
earned discount or excess allowance, wrhethter in the form, of money
n See paragraph 2 or order approving this Code.
or" otherwise, forl, the pulrpose of irnfluen~cingr a sale, nor shllul a
member secretly extlend to any customer any specrial service or priv-
ileg~e not extendedl to all cust~omrcls of the ame11( class.
bEC'ION 4., No member of thne.Industry shall imitate or mindaillte
any dlesign, style, mark` 1 or br~andl used byr any other mlember1 of the
Indsryll~,~ or klnowinfly sell or pass off any product with anly such
imitated or simulal~ted design, style, mark or brlndl, with intenrt, to
decei-e. or misleadl purchasl~ers or ~r~ospec~tive purchasers.~
SECTIOxu 5. No member of thne `Industry shall in pro~moting~r sales to
the public or in offerings his groodls to whole~lsaler~s, retailers, or to the
public genierally, mialign, dispar~age, or utter untrue statemlents re-
gard~ring compentingt mrerhandise.
SECTION 6. (a) No member of the Indus~tryS shall nicrept f!rom~ any
customer thne :rcturn1 of shopwornl, da~maged~ or obso~lFete mer~lchan7dise
unless said cusitomer1 shall have obtained the written authorization
of the membller of the Industry to make suchn return. The member
of thle Industry shall chlargSe the c-uLstomner a mirlnimuml of fiver (5)
per Icnt of the purlchl a el price for handling all goods returned andli,
in addition, th~e nlec~essary cost~ of rercondlitioning,* r~epair~ing or mod-
ernizing the goodls to put themu in a saleable condition. The pirodi-
sionls of this Section shall not apply to any article which is delfective
in material or workmanship.
(b) No mlembl;er of the Indurstry shall accept in part pyeto
ing a~ny- way givce credit to a customers for a se~condl hand ~~~,article ofo
equipment at any~ price or upon any termlls other than those dleter-
mine~d f'rom~ time to time byr the Codec Aiuth~ority and apprlov-ed by
SECTION~r 7. NO member of the Inadustry shall mnlnfufctture or sell
anyr permanent wave supplies which do not have plainly stamlped or
printedc upon the pads and upon all labels, boxes and contaniner~s the
words "L M/anufacture~d by "' followed by the .namue and address of the
memlber of thie Industr~y. A "( member of the Industry~ for the pur-
poses of this Section shall be the actual maker or the owner of the
patent or trade-mlarki for whom1 the artcle is maznufacture~d.
SECTION 8. No member of the InldustryS shall ship gS~oods on con-
sigrnmelt except under c~ircumstancese to be dle~nedl by the Codle
Authnority where peculiar c~ircumlstances of the Industry r~equir~e the
SECTION 9. NO member of the Industry shall lenld any! piece of
equ~ip"enlt for tr~ial pur~poses for a period exceeding three dayvs.
AnnanL VrII-ORGAI:.~Z.-\TION, POWERS ABND DULTIES OF THE CODE
SECTION 1. A Code Authority is her~eby conlstitulted to admlinister
SECTION 2. The Codle Authority shall consist, of five members to be
selected as her~einafter ~provided and, in addition thlereto,, there may
be not more th~an three representatives who may be appointerl by the
The Industry members shall be selected as follows: Three mnem-
bers shall be appointed by the 1President of the Allied Mannufae-
turers of the Beauty and Barber Industry, Inc., of New York, and
two members who assent to this Code and wrho are not members
of the Allied Mannufacturerser of the Beauty and Barber Industry,
Inc., of New York, shall be selected by a fair method of election
approved by the Atdministrator.
The represen~''~taties who ma1y be appointed by thne Atdministrator
shall be without vote and together with the Administrator shall be
given notice of and may sit at all mleetings of the Code Author~ity.
SECTION 3. Any industrial association directly or indirectly par-
Iticipatingr in the selection or activities of the Cjode Atuthorityv shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Aidministrator true copies of its articles of association,
by-laws, regulations, and anly amendmellnts when made thereto, to-
gether with such other information as to membership, organization
and activities as the _Administrator may dleem necessary to effectuate
the purposes of the Act.
SECTION 4. In order that the Code Authority shall at all times
be truly representative of the Industr~y and in other respects comply
with the provisions of the Act, the Adm~inistrator may provide such
hearings as he may deem proper, and thereafter if hne shall find that
the Code Authority: is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority, or any sub-Code Authority.
SECTION 5. Members of the Industry shall be entitled to partici-
pate in and share the benefits of the activities of the Code Authority
and to participate in the selection. of th~e members thereof by assent-
ing to and complying with the requirements of the Code and sus-
taining their reasonable share of thne expenses of its administration.
Such reasonable share of the expenses of administration shall be
determined by thne Code Authorit~y subject to review by the Admnin-
istrator, on the basis of volume of business and/or such other factors
as m~ay be deemed equitable.
SECTION 6. Nothing contained in this Code shall constitute the
members of the Code Authority partners for anyr purpose.
POWERS AND DU~TIES
SECTION 7. The Code AuthorityT shall have the following powers
and duties to the extent permitted by the Act, subject to the right
of the Administrator, on review, to disapprove any action -t~aken by
the Code Authority.
(a) To adopt by-laws and rules and regulations for its procedure.
and for the administration and enforcement of the Code, ini accord-
ance with the powers therein granted, and to submit the same to the
Administrator for hnis approval together with true copies of any
amendments or additions whnen. mrade thereto, minutes of meetings
wPhen held, and such other information as to its activities as the
Administrator may deem necessary to effect th~e purposes of the Act.
(b) T~o obtain from members of the Industryr as soon as t'he nec-
e~ssary readjustments within thle Inldustry can be made, reports based
on periods of one, twF\o, or four weeks, or multiples thereof, for uxse
of the Code Authority and the Administrator in the administration
and enforcement of thre Code, and for the information of the Presi-
delnt, and to give assistance to membEers of the Industry in improving
methods, or inl prescribing,~ a uniform sys~teml of ;Imoullnting and
repor'ting. All individual repoc~rts shall be kept confidetlllil and
only general .-niumlnr~ies fl-'theref may be publ4lshed.
(c) To trecive complaints of violations of this Codie, makre in\esti-
gations thereof, provide heal'lring therenc,~ and! adtjust such complrll;ain~s,
anid bring to the a~ttentionl ofd the Admlinistratorr for pro-*u.-u~tionl
recommilelrndations and; informal~tionl relative to unadljusted violations.
(dl) To use such tradelt association~ andl other agencies as it cdeemls
In-op'ler for the carryingb out of any of its activities provided for here~in
aInd to pay such trade7 1 n soc~iat wnsr anda unencic es the cost thereof
provided that nothing herein shall replieve the C~ode Au:thor~ity oj
its duties or re ',ponsiibilities under this Code~ andl~ such tradle associa-
tions and agelc~ies shall at all tilrnes be subject to andf rcomplly w~ith.
the provisions hereof.
(,de) To co-or~ilnate the administration of this Code withl such o~ther~
coes, if any, as may be related to the Industry, or any sulbdivision
thereof, and to delegate to any other adm~inistrativee authority, with
the approval of the ~Administr~ator, suchl p~owers as will promote
joint aInd harmonllious action upon matters of conunonr~l inltere-t~.
(f) T1Chere shall be established by the Admlrin istra~tor, a National
IIndu~tr'ial Relations Board for the Industry consisting of an equlal
numbler of r~epres~entativ es of employers and empllloyees to deazl with
all matnter~s in the Code relating to labor. WFhere a majority agfree-
meltnt cennnot be r~ealched, the Board shall select an iprilear
man to render a dcltcisionl. The creation. and functioning of these
Boards including the selections of r~epresentitatives of employees~ shall
be~ in accordalnce with Sjc~itionl 7 of the Aict. If no truly r~epr~eseta-
tive labor organization ex~ists, the employee members of such Board
shall be chosen by the Labor Advisory Board of the National Recov-
er .Adlministra~tion. TIhie employer representatives shall be chosen
by the Code Authority. The Industrial Relations Board mnay estab-
lish such subsidliaryy u~encies constitultedt in like manner as it finds
(g) To secure an equitable atnd proportionate paymnclt of the
exense~r~ s of mainltainingb the Code Authority and its activities froma
those mIlembers of the Industry w~cho acrcept the benefits of the
nactivities of the Code Authority or otherwise assent to this Code.
(h) To cooperate with the Administrator in re~gulatingr the ulse
of the N;R A Code Insignia solely byT those employers wiho have
areedc~r to, and are comnplying wFCith, this Code.
(i) To establish or designate an agency on planning, and fair
practice wIChich shall coopera~te withl the Code Authority in devel-
opmng fair inter and intra trade practices anrd industrial planning,
includcli n g thie regularization and stabilization of employmnent for
t~he Indust ry.
()To imitiate, consid~er and makze recoln nendc~ations for the
mdfication or amendmenti of this Code.
SECTION 8. In1 addition to the information required to be sub-
mit.ted~ to the Code Authority as set forth in this Article, there shall
be furnished to governiment agencies such statistical information n as
the A~dministr~ator may d~eem necessary for the purposes recited in
Set~rtion 3(a) of the N~ational TIndus-trial Recover~y Act.
ARTICLE VII[I-MODIr~r FICATION
SECTION. 1. This Code and aill the provisions thereof are exrpressly
made subject to the right of the Presidetnt, in accordance with the
provisions of sub-Section (b) of Section 10 of the N~ational Indus-
trial 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
imposed by him upon his approval thereof.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of exp~er~ilc~e or changes ini circum-
stances, such modification to be based upon application to thne Admnin-
istrator, and such notice and hearing as he shall specify, and to
become effective on approval of th~e ~AdSministra~tor.
ARTICLE IXC-MON:, OPOLIEs, EllC.
No provisions of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimni-
nate against small enterprises.
ARTICLE X PRICE IN'CREASES
Whereas the policy of the Act to increase real purchasing powsper
will be made impossible of consummation if prices of goods and serv-
ices increase as rapidly as wages, it is recogn~iz~ed that price increases,
except such as m~ay be required to meet individual cost, should be
delayed. But when made, such increases should so far as possible,
be limited to actual additional increases in the seller's costs.
ARTICLE XIrI-EF ACTIVE DATE
This Code shall become effective on the second Monday after its
approval byT the President.
Approved Code No. 286.
Registry No. 160fi-05.
UNIVERSITY OF FLORIDA
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