Code of fair competition for the woven wood fabric shade industry as approved on June 28, 1934

MISSING IMAGE

Material Information

Title:
Code of fair competition for the woven wood fabric shade industry as approved on June 28, 1934
Portion of title:
Woven wood fabric shade industry
Physical Description:
p. 161-174 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Window shades -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1629-06."
General Note:
"Approved Code No. 473."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004917271
oclc - 632385637
System ID:
AA00006500:00001

Full Text



















































I _I
Ear sae by the Superintenldent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 473


Registry No. 1829-00


NATIONAL RECOVERY' ADMINISTRATION




CODE OF FAIR COMPETITION




WOVEN WOOD

FABRIC SHADE INDUSTRY


AS APPROVED ON JUNE 28, 1934


OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934
























This publication is for sale by the Superintendent of Docruments, Governlment
Printing Office, Washington, D.C., and by district offices~ of the Bureau of
Foreign and Domestic Commzerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Buildling.
Chicago, Ill.: Suite 1706, 201 North W~ells St~reet.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Comnmeree Building.
Detroit, Mich.: 801 First National Bank Building,
Houstonl, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commlerce Building.
Jacksonville, F'la.: Chamber of Commerce Buildling.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal Building.
M~emphis, Tenn.: 229 Federal Building.
Mrinneapois, M~inn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plumoe Street.
Philadelphia, Pa.: 422 Commnercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Sea~ttle, Wash.: 809 Federal Office D~uilding.












Approved Code No. 473


COD)E OF FiAIR COMPETITION
SFORB THE


WOVEN WF~OOD FABRIC SH[ADE INDUSTRY

As Approved on June 28, 1934?


ORDER

CODE OF FAIIR COMPETITION FOR THE TOY'EN PCOOD FBRIC SHAhDE
INDUSTRY
An application having been duly made pursuant to and in full
compliance w~ith the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1333, for; approval of a Code of
Fair Competition for the W;oven WTood Fabric Shade Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing 'finldingsj with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of thre President of the United
States, I, Hugh 8. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
Ident, including Executive Order #6543--A, dated December 30, 1933
and otherwise; do hereby incorporate by reference satid annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do heretby ~order that said ~Code of Fair
Competition be and it is hereby approved.
I-TUGH S. JOHNSON,
Administrator for Inducstr~ial Recovery.
Approval recommended :
B1-rToN WT. ManaURR ,
BAti~ng D~ivision Admlinis'trator.
TVASHINGCTON, D.C.,
Ju~ne 8, 1939.


70954"-6--57-1G 34


(1g1













REPORT TO THE PRESIDENT


The PRESIDENT,
The White H~ouse.
SmR: This is a report on the Code of Fair Completition for the
Woven Wood F'abric Shade Industry, the hearing having been co-n-
ducted in Washington, D.C., on Mlay 14, 1934, in accordance w~ith the
provisions of the National Industrial Recov~ery Act.
PROVISIONS ON HOURS AND WAGES

The maxrimumn hours for employees provided in this Code are
forty (40) hours per week and eight (8) hours per day. When
production demands it, a tolerance of eight hours per week is allowed,
provided this tolerance shall be allowed for not more than six weeks
In anly six months' period, and one and one-half times the normal
hourly rate is paid for all hours in excess of forty per week.
Employees engaged in emergency maintenance and emergency
repair work are excepted from hourly limitations and are allowed a
one and one-half overtime rate of pay. Engineers and. firemen arie
permitted to work not in excess of forty-five (45) hours in any one
week or nine hours in any one day. Watchmnen are permitted to
work not in excess of fifty-six (56) hours in any onle week. Thre
usual exemption is granted to executive and supeivisory- employees
regularly receiving $3~5.00 or more per week, and to outside salesmen.
The minimum wage provided is thirty-five cents per hour for male
employees and thirty-two and one-half cents per hour for female
emaployees.
CHILD LABOR

The minimum age provided in this Code is 16 years; however it
is provided that no persons under 18 years of age may b~e employed
except as office boys or office girls.
ECONOMICS EFFECT OF THE COD3E:

This Industry has gradually declined since 1929. Employment
has declined 35%r; sales have declined 65%4r; and total pay rolls
have declined 59%0.
The products of this Inrdust~ry are used on open porches and inside
of factory windows. In recent years the trend in residential con-
structionr has been toward the use of enclosed porches, thereby
decreasing the prospective field for the product in that respect.
Increased demand, however, meay be expected when there is an
increase in general industrial activity involving factory maintenance
and construction.
(162)






163


Competition fro a similar product imported fromn Japa~n is a
serious problem.
I~t is estimanted~ that the mlinimumn wage rate p~rovidedl by the Code
will increase wvtages from 100/o to 159c in. thle calse of male workers
and approximately 959 in the case of female workers over those
paid prior to Junle 16C, 1933.
FIN DINGoS

Thle ASSistant, Deputy Adm7lin istrator) in his final report to me on
said: Cod~e ha~ving found as herein set forth and on the basis of all
t~he proceedings ini this matter:
I find thiat.:
(a) Said Code is wrPell decsigned to promote the policies and
purposes of Title: I of the National Industrial RI~ecovery Act, includl-
ing remova~l o~f obstructions to the free flow of interstate and foreign
commerce w-hich tend to dimninish the amount thereof anld will pro-
vide for the general welfare by promoting the org~anization of indus-
try for th~e purpose of cooperative action among the trade groups,
by; inducing and maintainingr united action of labor and mafnagemnent
under adeqjuat~e governmental sanctions anzd supervision, by eliminat-
ing unfair competitive practices, by prom~otingi the full~st possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumpionio of industrial and~ agricul-
tu ral produLcts through increa sing pu rchlasi ng pow~er, by redlucinIg an d
relieving unemplloymient, by imp~rovinig standards of labor, and by
oth~erwise rehabilitatingr industry.
(b) Said industry normally~ employs not more than 50,0(00
employees; and is not classified by mie as a major indiustry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of saidl Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsec-
tion (b) of fSection 10 thereof; and that the applicant association is
truly representative of the aforesaid industry; andl that. said asso-
ciation imposes no inequitable restrictions on admission to mecmber-
ship therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic procet~ss have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, this Code has been approved.
Respectf ully,
HUGH S. JOHNSiON,
Administrator.
JUNE 28, 1034.













CODE OF~ FAIR COMPETITION FOR THE WMOVEN WOOD
FABRIC SHAD>E INJDUSTRYZ

ARTICLE Ii--URPOSE

To effect the policies of Title I of the National Inldustrial Recovery
~Act, this Code is submitted as a Code of Fair Competition for the
Woven W~ood Fabric Shade Industry anmd upon approval its provi-
s~ions shall be the standards of fair competition for such Industry
and be binding upon every member thereof.
ARTICLEE II- DEFINITIONS

SECTION 1. The term "( Industry as used herein shall mean the
manufacture of wovcen wood fabric shades. The! term "L woven wood
fabric shade is defined as a porch or window shade made of wFood-
alats woven. together withn cord and capable of being raised or
lowered, but not so constructed that the slats thereof may be tilted.
SECTION 2. TIlhe term "L member of the Industry as used herein
includes, but without limitations, any individual, partnership, asso-
ciation, corporation, or other form of enterprise engaged in the
industry, either as an employer or on his or its own behalf.
SECTION 3. The term~ employee as used hereinl includes anry anrd
all persons engaged in the Industry, however compensated, except a
member of the Industry.
SECTION 4. The term "L employer as used herein includes any one
by whom, any such employee is compensated or emaploy~ed.
SECTION 5. Thie term association as used herein means th
Woven WIood Fabric Shade Association.
SECTION 6. The terms President ", "'Act ", "'Administrator ", as
used herein shall mean, respectively, the 1President of the Umlte~d
States, Title I of the Nationlal Inrdustrial Recovery Act, and the
Administrator for Industrial Recovery.
SECTION 7. Population for thre purposes of this Clods shall be
determined by reference to the latest Federal Census.
ARTzers III--Houns

SECTION 1. Max~imuml Hours. Nlio employee shall be permitted to
work in excess of forty1 (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period, except as herein other-
wise provided.
(a) Employees engaged as engineers or firemen may be permitted
to work not in excesi of forty-five (45) hours mn anyT seven (7) day
period or nine (9) hours in anyI t wenty-four (24) hour period.
(b) Watchmen may be permitted to work not in excess of fiftyv-
six (56) hours in an~y seven (7) day period'i.
(164)





165


(c) To provide for penh; periods, employees may be permitted to
wVork a maximumln of -forty-~ightt, (48) hours in any seven (7) dayr
period for not more than six such seven (7) day periods in any sixr
(6) months' period, provided, however, that all hours worked in
excess of eight. (8) hours in any twenlty-f~our (24) hour period or
forty (l0l) hocurs~ in unlv severe (7) day per~iod shaill be comjnpensated
for at not less than onle andl one-half (11~l/z) times thte normalll rate
of pa"y.
StECTrION 2. ITOUrS for Cllerleal andl ORfice- Emplloyees. NPo person
emplloy'ed in clerical or office wTorkl sha~ll be permitted to work: in
eic~ess of forty (40) hours in any sevenI (7) day periodl or eight
(8) hours in any twenty-four (24) hour period.
SjECTION. 3. Exceptions as to Hours. The p~rovisions of this Article
shall not apply to traveling salesmnen, or to emlploryeess engagH~ed~ in
emergencyr manintenance or emergency repair worki, or to persons
employed in a mnanagerial or exe~cutive capacity whlo earn regularly
thi~t~y-five dlollars (:>~35.00)) per week or more; provided, however,
that employees engagedl in emergency maintenanee and emergency
repair wor~k shall be pad at least one anld one-half (11/2) times their
normal hourly rate for all hours w-orked in excess of eight (8) hours
in any one day andl forty (40) hours in anyS one week.
SECTION 4. Employment by Seve~al ~Employers. No emlployer
shall know-ingly permit an employee~ to work for any time which,
when added tothe time spent at work for another employers or
employers in thiis Industry (or otherwise), exceeds the maximum
permitted herein.
SECTION 5. Standard W~eek. N~o employee shall be permittedl to
work more than six days in any seven day period.
ARTCLE IV-1Y'AGES

SECTION i. lilnimuln WTages. N~o male employee shall be paid at
less than the rate of thirty-five cents (35g') per hour and no female
employee shall be paid at less than t~he rate of thirty-twfo and one-
half cents (321,.&#) per hour; provided, however, that female emp-
ployeess performinga substantially the same work as male employees
shall receive the same rates of pay as male employees, and provided
further that whien female employees are engaged to replace male
employees they shall be paid at least the same r~ate as that paid to
the male employees whom they replace.
SECTION 2. Office and Clerical Employees. No clerical or office
employee shall be paid in any pay period less than at the rate of
sixteen dollars ($16.00) per week in any city of 500,000 population
or over, or in the immediate trade area of such city; or less than at
the rate of fifteen dollars ($15.00) per week in any city of between
250,000 and 500,00)0 population, or in the immediate trade area of
such city; or less than at the rate of fourteen dollars ($14.00) per
week in any city or place of 250,000 population or less.
SECTION 3. Wagres abov-e Mlinimumz. Employers shall not reduce
the hourly or full time weekly earnings of employees whose rates of
wages are now in excess of the minimum rate of wages (notwith-
standing that the number of hours worked in such employment may
be hereby decreased), and where in any case an employer has not





166


increased the rates of wages for such employees prior to the effective
date of this Code by an equitable readjustment of all wPage rates LSuICh
employer shall readjust all such wage rates in such, an equitable
manner as will preserve wage differentials reasonably pr~oportionate
to those in effect prior to the effective date of this Code. Within
thirty (30) days after the effective date of this Code, each employer
shall report to the Code ~Authority, for submission to the Admlinis-
trator, the adjustments made pursuant to this Section.
SECTION 4. Piecework Com~pensation-M-/iniml~um Wages. IMini-
mnum rates of pay specified in this Code shall apply, irrespective of
whether an employee is actually compensatted on a, time rate, piece-
work, or other basis.
SECTION 5. Manner of Pa~yment. All employers shall make pay-
ment of all wages due in lawful currency or by negotiable check; there-
for, payable on. demand. Wages shall be paid rat least once each two
(2) weeks. These wages shall be exremrpt from anly payyment for
pensions, mnsurance, or sick benefits other thawn those voluntarily paid
by employees. Employers or their agents shall not accept, directly
or indirectly, rebates onl such wages or giveF anything of value nor
extend any favors to any person for the purpose of influencing rates
of wages or working conditions of their employees.
ARTICLE V--CrENEIRlL LABOR PROVISIONS.

SECTION 1. Child Labor. No persons under eighte~en (18) years
of age shall be employed in the Industry except as office boys or girls.
No person under sixteen (16) years of a~ge shall be employed in the
Industry in any capacity. In any State an-y employer shall be
dleemned to have complied with this provision as to age if he shall
have on file a certificate or permit, duly signed by t~he Author~ity in
such State empowered to issue employment or age certificates or
permits, showing that the employee is of the required age.
SECTON 2. Provisions froml the AIct.
(a) Employees shall have the right to organize and bargain collec-
ti~vely through representatives of their own choosing, and shall be
free from the interferencee, restraint, or coercion of employers of
labor, or their agents, in thle designation of such representatives or in
self-organization or in any other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from joining, organizmg, or assisting a Ilabor organization of his
own choosing.
(c) Employers shall comply with the maximum hours of labor,
mninimumn rates of pay, and other conditions of employment approved
or prescribed by the President.
SECTION 3. Evasion Through Subterfuge. No emnploy~er shall re-
classify employees or duties of occupations performed or engage in
any other subterfuge so as to defeat the purposes or p~rovisions of the
Act or of this Code.
SECTION 4. Standards for Safetyr and H-ealthl. Every employer
shall provide for the safety and health of emo~loyees during tihe hours
and at the places of their employment. Standards for safety and





167


health shall be submitted by the Code Authority to the A~dminis-
trator within six mnnths after the effective date of thne Cod~e. Upon
approval by the Admninistrator, after such notice and hiearinig as he
mnay prescribe, such stanidar~ds shall constitute integranl parts of thiis
Code.
SECTION 5. State Law\7s. NSo prov~ision in ~this Cod(e shall sulpe~irsee
any State or ~Federal lawv which imposes on employers more stringent
requirements as to agres of employees, wages, hours of w~ork, or as to
safety, health, sanitary or ge~ner~al working conditions, or insurance,
or fire protection, than are imposed byr this Code.
SECTION 6. Posting. Acll employers shall kreep p~ostedl complete
copies of this Code in conspicuous places accessible to all employees.
Every member of the Industr'y shall compqly with all rules and ~nreu-.
lations relative to the postmng of provisions of this Code of Fair
Competition which may from time to time be pr~escribed by the
Admin istrator.
SECTION 7. Evasion T~hrough. Discharging and Rehiring or Replac-
ing Employees. No employee now employed at a rate in excess of the
minimum shall be discharged and reemnployed or replaced by another
at a lower rate for the purpose of evading the provisions of this Code.
SECTION 8. Complaint or Giving Evidence. No employee shall be.
dismissed byr reason of making a complaint or giving evidence wFith
respect to an alleged violation of this Code.
AnTrcrae VI---ORGANIZMFION, POWERS AND I)UTIES OF THE CODEO
AUSTHORITYP

ORGANIZATION ANDI CONSTTITUTION

SECTION 1. A Code Authorit~y is hereby established to be selected
in the following manner:~
(a) The Code Author~ity shall consist of five (5) individuals or
such other numlber1 as may be approved from time to time by the
Administrator, t~o be selected as hereinafter set forth.
(b) Four members of the Code Authority shall be selected by the
Association from among its membership. The Association not later
than ten (10) days after the approval of this Code shall notify all
members of the Industryg known to it., or who can be ascertained after
a diligent search, who are non-members of the Association, if there
be any such, that on a specific day, not later than twenty (20) days
after such notice shall have been given, one member of the Code Au-
thority will be selected by non-members of the Association. The
methed of nomination of the representative of the non-members shall
be approved by the Administrator. Notice of such election shall
specify that such non-member may be selected by non-members of
the Association either present, or by proxy, or by letter ballot.
SECTION 2. In addition to membership as above provided, there
may be not more than three members, without vote, t~o be known as
Administration members, to be appointed by the Administrator to
serve for such terms as he may specify.
SECTION ;3. Each trade or industrial association directly or in-
directly participatingr in the selection or activities of the Code Au-
thority shall: (1) Impose no inequitable restrictions on membership,





168


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 informantionl as to m~ember~ship,
organniza~tion, and activities as the Administrator mzay dleemn neces-
sary to effectuate the purposes of the ALct.
SECTION 4. In order that the Codle Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Admninistratotr may prescribe
such henc~ings as he may deem proper; and thereafter if he shall
find that the Code A~uthority is not truly rere~senitative or dloes not
in other respects comply~ with the provisions of the Act, ma requiree
an appropriate modification of the method of se~lection of the CSode
Authority.
SEC.TION 5. NCothingf colntained in this Code shall constitute thne
members of the Code A~uthority partners for any purpose. Nor shall
any member of the Code Authority be liable in any ma~:nner 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,
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act undler
this Code, except for his own wilful misfeasanc~e or nonfeasance.
SECTION 6i. If the A-dministrator shall at any time determine that
any action. of the Code Authority or any agency thereof mayr be
unfair or unjust or contrary to the public interest, the Administrrator
may require that such action, be suspetndedl for a period of not to
exceed thirty (30) days, to afford an opportunity for investigation
of the merits of suchn action anrd further consideration by~ such Code
Authority or agency pending final action~, which. shall not be effective
unless the Admninistrator approves or unless he shall fail to dis-
approve after thirty (30) days' notice to him of intention to proceed
with such action ini its original or modified form.
POWERSB AND DUTIES

SEC'TION 7. Subject to such rules and regulations as may be issued
by the Aldministrator, the Code Authority shall have the following
powers and duties, in addition, to those authorized by other provi-
sions of this Code.
(a) T'o insure the execution of the provisions of this Code and
provide for the compliance of the Indlustr~y with the provisions of
the ~Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. The
receipt and compilation of such information and reports shanll be
performed by a person or persons wCho aret in no way connected with
any member of the Industry. Such information shall be held confi-
dential and shall not be openly to insrpect~ion except as to totals of the
industry. ]In. addition to information required to be submlittedl to the
Code Authority, members of the Industry~ subject t.o this Code shall
furnish such statistical information as the Administrator may deemn
necessary for the purposes recited in. Section 3 (a) of t.he Act to such
Federal and State agencies as he may dlesignate; provided that noth-





169


ing in this Code shall relieve any member of the Industry of any
existingi obligations to furnish reports to any Grovernmnent agency.
No individual report shall be disclosed to any other member of the
.Industry or any other party except to such other Gove~rmnental
agencies as may be directed by the .Administ~rato~r.
(dl) 'To use such trad(e associations andl other agencies as it deems
proper for the carrying out of any of its activities provided for
hlerein, provided that nothing herein shall relieve the Code Authority
of its duties or r~esponsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with th provisions he~reof.
(e) To make recommendations to the Adlministrat~or for the coor-
dination of the administration of this Code with suchl other codes, if
any, as may be related to or affect members of the industry.
(f) (1) It being found necessary in order to support the Adminis-
tration of this Code, and in order to effectuate the policy of the Act
and to maintain thre standards of fair competition established here-
under, the Code AuthorityT is authorized:
(a) TIo incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which m~ay be :raised as hereinafter provided, which shall
be held ini trust for t~he purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deemn necessary;
(x) An itemized budget of its estimated expenses for the fore-
going purp~osesl and
(xx) An eqmitable basis upon which the funds necessary to support
such budget shall be contributed by members of the Industry;
(c) After such budget and basis of contribution have been ap-
proved by the Admimistrator to determine and collect equitable
contributions as atbo~ve set forth, by all members of the Industry and
to that end, If necessary, to institute legaal p~roceedings therefore in its
own name.
(2) Each member of the industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity determined as hereinabove provided and subject. to rules anld reg-
ulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contributing
to the expenses of its admiinistration as hereinafter provided shall
be entitled to participate in the selection of the members of the
Code Authority or to receive the benefits of its voluntary activities
or to make use of any emblem or insignia of the N.R.A.
(3) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator; and no subse-
quent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the
Administrator shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the industry in their relations with each other
or with other industries; measures for industrial planning, and
stabilization of employment; and including modifications of this






170


Code which shall become effective as part hereof upon approval by
t~he Admninistr~ator a fter such notice and hearings ais he may specify.
(h) To appoint a Trade Practice Committee which shall meet
with the Trade 1Practice Commnitteees appointed under such~ other
codes as m~ay be related to the industry for the purpose of formnu-
latingr fair trade practices to govern'1 the :relationships between
employers~ under this co~de and under such other codes to the end
that such fair trade practices m~ay be proposed to the Adminstr~ator
as anliendmllents to this code and such other codes.
(i) To provide appropriate fac~iitills for arbitration bctwen mlem-
ber~s of the Industry and, subject to the approval of the Adcministlen-
tor, to p~rescribe rules of plroced~r~e and rules to effect coimpliance
with awards and dleterminations.
Sec~t on. 8. Cost Finding.;-Tlhe Code Authorit~y shall cause to
be formulated methods of cost finding and ne~count~ing capable of
use by all members of the industry, and shall submit such methods
to the Admi Ii n istrnt or cfor reviews. If approved by the Administ~rator,
;full information concerning suchn methods shall be made available to
all members of the industry. Thereafter, eachn member o~f thle in-
dustry shall utilize such methods to the extent found practicable.
Nothing herein contained shall be construed to permit the Code
Authority, any agent thereof, or any member of the industry to sug
gest uniform additions, percentages or differentials or other uniform
Items of cost which are designed to bring about. arbitrary uniformity'
of costs or prices.
AuRICraE VII-TRADE PRACTICE RouLSs
RUTLE 1. Inaccurate A1Idvertising. No member of tlhe I~ndustr~y shall
publish advertising (wPhether 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, trademark, gradte, qluality, quantityv,
origin, size, substance, character, nature, finish, material, content or
preparation) or credit terms, values, policies, services, or the nature
or form? of the business co~nductedl.
Rurs 2. Substitution of M~aterial. No member of the Industry
shall substitute any material other than that specified by the
purchaser.
RULE 8. FRISO Billing. NO member of the Indulst~ry shall knowf-
ingly withhold from or insert in any quotation or invoice any state-
mnent that makes it inaccurate in any mlater~ial particular.
RUEnz 4. Inaccurate L~abelling. No member of t~he. Industry shall
brand or mark or pack any goods in any manner which is intended
to or does deceive or mislead pur~chasers w'ithl respect to the brand,
grade, quality, quantity, origm, size, substance, character, nature,
fnsmaterial content orpreparation of such goods.
RTTE 5. Defama~tion. N member of th~e Indlustry shall defame
a civP~ome;tpetitorb falsely imputing to him dishonor~able conduct, in-
abiityto erfrm contracts, questionable credit standing, or by
other false representation, or by falsely disparaging the grade or

~RrrL 6 Iduin Breach of Existing Contracts. No member of
the Industry shall wilfully induce or attempt to induce the breach






171


-of! existing contracts between competitors and their customers by any
false. or deceptives means, or interfere with or ob.st~ruct the perform-
ance of any" such contractual duties or services byr anly such means,
with t~he purpo~s a~nd effect of hasmperiing, injuring or embarrassing
competitors mn their business.
RTE~ 7. Aidingr or Abetting~ in Ulnfair Practices. No membelrr of
the Industr~y shall~ aid or abet another member of the Industry in any
unfair practice prohibitedl in this Ar~ticle.
RUL 8. Complensaltion for Services. No member of the Industry
shaUl render to any purchaser of any product, or in connection with
the sale or installation of such product, an y servc, yunlaes fair com
pensation for such service shall. be paid b uhprhsra e
forth in the price schedules filed by such member of the Inldustry
with the Code Authlority.
RULE 9. Shipping on Consignment. ~No member of the ICndustry
shall ship goods on consignmetnt except under circumstances to be
defined by the Code _Authority, and approved byteAmnsro.
RaE 10. Samples. No member of the In utry hall in supplyo r
samples other than hand or display samples.
RULE 11. Shades Furnished for Demonstratina Purposes. Shades
furnished for demonstrating purposes with referencee to any one
particular order shall be charged for at the manufacturer'sa filed
prices.
RULE 12. Secret Rebates. No :member of the Industryr sh all secretly
offer or mlake any payment or allowance of a rebate, refund, commis-
sion credit, unearned discount or excess allowance, whether in the~
form of money or otherwise, nlor shall a mremnber of the Industry
secretly offer or extend to any customer any special service or privi-
lege not extendled to all customers of the same class, for thle purpose
of influencing a sale.
RULE 13. Commercial Bribery~. No member of the Indurstry shall
give, permit to be given, or offer to give, anything of value for the
purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agent or the rep-
resented party, without the k~nowledlge of such emnployer, principal
or party. This provision shall not be construed to prohibit free and
general distribution of articles conanlonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabove defined.
RULE 14. COerelon. NO member of the Industry shall require that
the purchase or lease of any goods be a prerequisite to thle purchase
or lease of any other goods.
ARTICLE VI~I COSTS AND PRICE CUTTING
SECTION 1. The standards of fair competition for the industry with
reference to pricing practices are declared to be as follows:
(a) Wilfully destructive price cutting is an unfair method of com-
petition and is forbidden. Any member of the industry or of any
other industry or the customers of either may at any time complain
to the Code Authority that any filed price constitutes unfair competi-
tion as destructive price cutting, imperiling small enterprise or tend-
ing toward monopoly or the impairment of code wages- and3 workingr






172


conditions. The Cod"e Aiuthority shall within five (5) days afford
an opportunity to the member filing the price to answer such com-
plaint and shall within fourteen (14) dayvs ma~ke ar -ruli-ng or adjust-
mnent thereon. Ilf such ruling is not concurred in by either party to
the complaint, all papers shall be referred to the Research and Plan-
ning Division of NRA which shall render a report and recommnenda-
tion thnereon to the Admzinistrator.
(b) W~hen no declared emelrgency: exists as to any gaiven product,
there is to be no fixed minimum basis for prices. It Is intended that
sound cost estimlating~ methods should be used and that consideration
should be given to costs in thie dtetermnination of pricing policies.
(c) When an emergency exists as to any given product, sale below
the statedl minimum price of such product, in violation of Section 2
hereof, is forbidden.
SECTION 2. Emergency Provisions.--(a) If the .Admninistrator,
after invest igrat ion shall at any time find both (1) that an emergency
has a~risen within the indunstry adve~rSely anffecting small enterprises
or wages or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat thle purposes of the Act; and
(2) that thre determination of the stated minimum price for a specified
product wiithin the industry for a limited period is necessaryr to
mitigate the conditions constituting such emergency and to effectuate
the purposes of thre Act, the Code A~uthority mnay cause an impartial
agency to investigate costs and to recommend to thre Administrator
.a dleterml~ination of the stated minimum price of the product affected
by the. eme~r'rgency and thereupon the Ad~ministrator may proceed to
determine such stated minimum price.
(b) When the Administrator shall have determined such stated
mimmrumn price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National Indus-
trial Recovery Act, he shall publish such price. Thereafter, during
s~uch. stated period, no member of the industyshlselucspifd
products at a, net realized price below sai stat edl miiuh sprcied
and any such sale shall be deemed esructivelrl;B price. cutti~ng From
time to time, the Code Authority may recommend review or recon-
sideration or the Administrator may cause anyT determinations here-
under to be rev-iewed or reconsidered and appropriate action taken.
Anywric IXIL-OPE~N PRICE

SE~CTON 1. Each member of the industry shall file with a con-
fidential and disinterested agent of the code authority, or, if none,
then with such an agent designated by the Ad-ministrator, identified
lists of all of ]his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this article referred to as
' price terms ', which lists shall completely and accurately conform
to and represent the individual pricing practices of said m~ember.
Such lists shall contain the price terms for all such standard prod-
ucts of the industry as are sold or offered for sale by said member
and for such non-standard products of said member as shall be
designated by the code authority,y Said price terms shall in the
first instance be filed within thirty (30) days after the date of ap-






173


proval of this prov~isionl. Price terms andi revised price terms shall
become effective immediately upon receipt therleof by said agent.
Immediately upon receipt thereof, said a gent shall byg tele raiphl
or other eqlually promp~t means notify said memibeir of ~the time of
such receipt. Suchl lists and revisions, together with the effes:Sve
time therreof, shall upon receipt. be imlmedliately and o siutaneously
distributed to all members of the industry and oalo tercs
tomers who hae applied thterefor and have offered to defray the
cost actually incurred by th~e cod~e authority in the preparation and
distribution thereof and be available for inspection by anyT of their
customers at the office of such agent. Said lists or revisions or any
part, thereof shall not be made available to any person until released~
to all members of the industry and. their customers, as aforesaid; pro-
vided, that prices filed in the first instance shall not be released until
the expirationr of th~e aforesaid thirty (30) day period after the ap-
proval of this code. The code authority shall maintain a permanent
file of all price terms ~filed as herein provided, and shall not destroy
any part of such records except upon written consent of the Admin-
istrator. Upon request the code authority shall furnish to the
Administrator or any dully designated agent of the ~Administrator
copies of any such lists or revisions of price terms.
SECTION 2. Whien anly member of the industry has filed anyT re-
vision, such mlember shall not file a higher price within forty-eighIt
(48) hours.
SECTION 3. NO member of the industry shall sell or offer to sell
any products of the industry for which price term have been filed
pursuant to the provisions of this article, except in accordance with
such price terms.
SECTION 4. No member of the industry shall enter into any agree.
ment, understanding, comibination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the indus-
try to change his price terms by the use of intimnidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market wh~lich it is the purpose of thiis Article to create.
ARTICLE X- EXPORT TRADE
No prov;isin of t~his Codec relat~ing to prices, or terms of selling,
shipping, or marketing, shall apply to export trade or sale or ship-
ments for export trade. "L Export Trade shall be defined as in thle
Export Trade Act adopted April 10, 1918.
ARTICLE ZiI MODIFICATIONS

This Code and all the provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (b) of Section 10 of the National Industrial Recover~y
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, t~o the right of t~he President
to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.




UNIVERSITY OF FLORIDA

m7 Y11511llMl~illllll iiill IMI
3 "1262 08728 5416
ARTICLE XII--310NO:POLIES

No provisions of this Code shall be so construed or applied as
to permit monopolies or monopolistic practices, or to eliminate,
oppress, or discriminate against small enterprises.
Acpnciou XIII[I-EFECTIVE DATE~

This Code shall become effective on th~e second~ Monday after its
atpprov~al by the Administrator.
Approved Code No. 473.
Registry No. 1629-06i.