Code of fair competition for the venetian blind industry as approved on January 24, 1934

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Material Information

Title:
Code of fair competition for the venetian blind industry as approved on January 24, 1934
Portion of title:
Venetian blind industry
Physical Description:
p. 447-459 : ; 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 )
Blinds   ( 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. 1629-05."
General Note:
"Approved Code No. 229."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004917270
oclc - 632339000
System ID:
AA00006501:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


VENETIAN BLIND INDUSTRY


I ---------'I
For sale by the Superintendent of Documsents, W'ashington, D.C. - Plrice 5 cenla


Approved Code No. 229


Registry No. 1629--05


AS APPROVED ON JANUARY 24, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934



























This publication. is for sale by the Superintendlent of Documents, Government
Printing Office, WVashinlgton, D.C., and by district nceficts of the B~urean of Forecignl
and Domestic Comrmerce.
DIS FRICT OFFICL.9 OF THE D)EPART6MIENT OF COMMERCE

Atlanta, Ga.: 504 Pocst Office Buibtlin~g.
Bit liningh:Ie Ala. : 257 FLiederal Builbling.
Bo2ston, Mu 8:.: 190I1 Custombtouse.
Buffalo, Nv.Y'.: Chamber~t~ of Commrerc~e Buibilingr.
Charleston, SOC.: Chamber~l of Commerce Bluilding.
Ch!iew;l~l. Ill.: Suite 1S100, 201 Nor'th Wrells Street.
Cleveland, Ohrio: Chiamber of Commlerce.
Dallas, Tex.: Ch:'lnbulllr of Commluerce Buildinlg.


Tallian apo~lijc., Ind.: Chtamber oft Ctolnuerce Buitlinlg.
Jalck~sonville, Flia.: Chamber of Conunterce Bu;ikl~ing.
Kiansas City, SI..: Ir1S Baltimnore Avenue.
Lo~s n-.eIle(I-. Calif. : 11;;.; South IBroadway.J
Louinr i lle, K '. : Hoom l ]II *= b~ l:11~ Unliblling.


New Oric~ans, La.: Room "2.i-A, Custom~house.
New\\ York.r N.,Y.: 734 Customhouse.
Nor~folk-, Vn.: 408 East Plunll Street.
Iil~l.Ilole:Iphia Pal.: 4122 Conunl~er~cial Trust Bulhlineil.
Pittrlburgh, Pa.: Ch~amber of Corimerce Bu~ilinlrg.
Porltl:Inld, Otereg.: 215 Nre~w Post Office B~ullingub.
St. Louis, Mo.: 506 Olive Street.
San F;;ranilso, Callif.: 310 Custombouset.
Searrtle, Watsh.: >.0: Felleal Office Bu2~ilding..











Approved Code No. 229


CODE, O)F FAIR COMPETITIONS~
FOR THIE

VENETIANT BINDITP INDfiUSTRYC~

A1Ss Approved on January 24, 1934





ORDER

AIPPRO'VINiG CODE OF ]F'ALIR COMPETITION
]FOR THE:

VENETIANB) ]BLIND]I INDU)ISIITRY

An application Ihaving beenr duly made p~~ursuan to an~d in full
compliance wvith the provisions of Title I of the National Ilndustrial
Recover~y Act, approved June 16, 1933, for approval of a Code of
Pair Completition for the Veneztianr Blind Indl~ustry, and hearings
having been JulyJ held thereon a~nd the annexed report on said Cod~e,
contaninngr findings with respect thereto, having been madean
dlirected to the Presidlent:
NOW;, THEREFORE, on behalf of the President of the United
States, I, Hugh~l S. Johnson, Admrlinistrator for Indlustrial Recovery,
pursuant. to aulthority) \ested in me by Executive OIrderls of the Presi-
dent, includling Executive Order No. 6543-A, !fatedl December 30,
1933, andl otherwise; do herebyr inc~orplorate by refel~rnc~e said annexed
report andi do find that said Code comnplies in all re~spcts w~ith the
pertinent prov'isions" and will promote the po~licy and ~purposes of
saidl Title of said Act; andc do hereby ordler that said Code of Fair
Compe~ttiton be anld it is hereby approved.
HUGHr S. JoHNSON,
Administrato for Indu~str'ial Rtcovle~ry.
Approv-al recommlnntended
RIALC.OLM nZ08,

VAISH~INGTOCN, D.C.,


(J~cr)













T~he PRESIDENT,
Thze Whiiite HIouse.
Smn: This is a report on the Code of Fiiair Comnpetition for the!
Venectianl Blind Indlustryr in, th-e United Slates~-, as revised afterl the
hearing condne~ctled in W~ashington on Novemb~iller 27, 1933, in necord(.I1-
aznce with the! provisions of the National Industrial Recovery Act.

PROVISIONS O1F THIE CODE AS To H<-a1 r:., TIVAGES, AND GENERAL ~LADUR

This Code! provides for a mnaximnumn wolr~k we -kI of forty or
azveragSed. over a period of twelve wreek~s and a max~imum of ourty
eight hours in anly one wveek;, except as follow-s:
(a) Oitlh-, :~. a.:.unting,, and clerical t!rployl -- 11 hoshall not be
1'en'ittedl to wvork in excess of forty hours an-rngedc~~l over a period
of four weeks or forty-six hours in any one! week;
(b) Enginee~rS, f~~i~reen, and w-cateluncn wv~ho shall be perm~ittied
to wTorkl noCt inl excess of eihlt~y-fourl holll- in any two wteekrs;
(c) MI:I. ge;rial, :l.nti\ve. or supervcisory emplloyieers receiving not
less than :;.-i-.O.0 per weekr anld employ'ees engaged in ('nu-i gen'l Cy!
mafintcenancei alnd enou.ltl1~ g-ne reair' work involving break2d..~ii-us or
protection of life or property.
Thiis Code@ establishes miinimnum rub si- of paly of th-irty-five cents
per hour for male empiloyT~ees and thirtyC-two ;rind one-hallf emb- no:11
hour forl female emlployees, r~egarlle~ss of wh~etherl thte comptensation
is on a tim -:-..-st-, pieci-:ab--.~ or other basis; pr .'viedt, however, that
female emplloyees perf~orming subs~tanti~ally the --nonll workr as male
emp~.loyees~. shall~ rece,:.~ive, the... sam .! fpyadthtwe- o
dii-p1:l:0-e men f llo-y shall receive thle samne rate? of earning-l~ as the
men th~ey dlisplace.
Provision is madte for equit~able ad'justme nt of -wu g-: above the
mninimnum. andc for ovsr~time for all h~ours woc.rked in excess of forty
hours per week., No person under sixteenil years of nee -Irall be
emnployedl in this Indunstryy and1~ no per-lson undrc'! eighteen years of
age shall be (-mplloyed in hazardous I II-upation-..
E< m:.;G lure EITI`II.TS OF THIE CiiiPE

According to the -.tati-tic~al analysis of the Division of Research
anld ]Plonninru, the total sales of the products of this Industryi have
diellinedl- fr~om $3,000,000 in 1929 to $1;,100,000 I-timaitedl for 1933, a
dw1r:n-e of applroximately isixy-thiree p~er LuckI of accurate data, as to wagesjl and number of emplloyees'' in.
the Indlustry prevents at forecast of the cw~l-onomic effect of thne Code.
However, thle minimnum wage rates and the maximum hour pr~ovi-
sions established by this Code -hoculd~ inicrease! the purchas~.cingb power
of the runplloyees of thet Indusr~ctry.
(448)






4419


FINDINGS

T1Che Dep~uty Admninisjtrator in his final recport. to mze on said Code
having~ foundl as her~ein~ set forth and on the buis~c~ of all the pro-
ceed i ngs in th~is: matter;
I findc that:
(a) Said Code is w~ell des~i~gned~ to promote the policies and pur-
poses" of TCitle I of the National Industrial Recovery Act, including
removal of obstr~ul.tction to th~e fre1e flow of inic1.terstat and fore'tignl
commerce which tendl to d'imliniish thet amount thereof, and will pro-
vide for the general welfare by promoting thle organization of
industry for the purpo,(,(- eof cooperative action among.ll~ thie trade
grup~1S by inducing and mnaintainring united actionl of labor andi
IllHDngemelnt Illlr if nllefilntc c govern.l'llentat~l cOclilOHS and supervi-
sion, byT elimlinazting~ unfair competitive prac(til.ces, byr In-amatlc~ing the
fullest p~ojsible utilization of the pr~esetlt productive enpne~ity of
inldustries, by avoiding~ undue r-ctr~iction of production (except as
may be tempnlo alyn~l requlir~ed~), by inlcrea ingr the rconsumlption of
industrial and agricultural products thl~l~roug inlcreas~ing pur~chasing
pow8Per, byr redulcilg anld relieving u~lnemloyment, byT impr~oving
standards of labor, and by otherw~nise r~ehab~ilitalting indcustry.
(b) Said Industry normally employs not more than 50,000
employees; a nd1 is not classified by me as a major industry.
(c) Thle Code as approved complies in all r~espcts with the
pertinent, provisions of salid Title of said Aict, inc~lud~ingr without
limitation Subse~ction (a) of Secction 3, Subsection (a) of DSectioln 7,
and Subsec~tion (b) of Section 10 thereof; and that the app~lie~nnt
group is an industrial group truly I~~rep;resn tative of the aforess~idl
industry; and that said group imp-oses no inequitable restrictions on
admrlisision to membership therein.
(d) The Code is not designed to and will not permllit monopolies
or monopolistic practicesj.
amn(e) The Code is not designled to and will not eliminate or oppress
mllenterprises and will not op~erate. to discrimninate agains-t th~em.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be leardc pr~i~r to approval of said
Code.
For these r~ea-ons, therefore, I have app~rov-ed this Code.
RespectfutllyS,
HJUEsE S. JO~HNSON,
Administrat~ Infor.
JavanRY 24, 1934.













CODE OF FAIR COMPETITION


FOR THE

VIENIE`TIAN BLI ND INTDU!STR`Y




To affect the policies o~f Tlitle I of thie National Indusrll~lid ~Re'':\cvry
~Act, the following provisions are e-llinhllched as a Codle of Fair Conl:-
pe'tition for the VIenetian Blind Industry, andr shall be the standard~t
of fair completit~ion for uchl~ Industry1.3 and shall be b~indring~t upon,
every ;inembr:1I thereof.



,PII.O no 1. Th`le term 1" enetian Blindl Indurstry or '" indus~try! "
as u-sed Il;'1reIn is deflinedi l to mean andi include thle malnulfuellori' 1:,
andl the clling, ini-talline~, repairingr and~ l.vi \ing!: by the n1:11iormf'--
turers, of Venetian Btln h m e-thnBid"i eie
as: any rcol\-ring for a windSowV skl3ichlt. tennsllOm~, or grllaSS doorL wh~ichil
is ma~de up of slats spaced an equri .11-tunce upu r~l:t, strungib on tap-,
a~nd either fixedl or capable of being~ robol,l Inl\crctirre, or tiltedt byI!
mI~eanls of i ord.;- or olther'l devi(ce, sail ~pr~ouclt being~ designed to Iregn~-
lateI and deflect --aliighti without. loss of ventilation.
Src. 2. The ter~m "'membec r of thel inldul-ftry includes any: indli-
ndaii~l, partnership, az--station, form of (ntterpri-, engazed1c~ in the: indlustrry, either as an employer orI
on hic; ownn behalf.
See(. 3. T~he tertm L" employc~ "' as used~l herein includlles any~ andc alli
1"''-r-ns e~ngaged- in the indu ltry3 except a mnembesr of the indus~try!,
however ccme a l~r-~~tell.
Strc. 4. Th'le term. "Assoc~itioln "' mel:lii the "LNational Venetianl
Blizdl Association."
rSe:.. 5. Thec term "CAct and ("Admlninistr~ator "' as used herein shlln1
mann,1!1 respcc.tivc.ly, Title I of ~the ]Nationa~l Industrial Recovery A~c-t
andl the Administrator for Industrial Rctoveryi.
SEc. 6, P~opulllation for the purposes of this Code shall be der-
termilrlal by refereC'1eI( l to the latest Fliederal census.

ArIcrrwL III--Hcul-!s

SECTION 1, 37/t~idd//U07/ 1~0Ur8.---No emnployee~ shall be pe~rm1ittedl to,
workr in excess of forty (40) hoursl per week~l avrern2ed over a period~
of invbll-e (12) weeks,;~ or ~islht (8) hours in any day in such period!:
(450)






451.


or forty-eight (48) hours in anly week, except as herein ot-herwise
specified~, pr1ovidedl thant all hours wor~ked in exscess of forty (40)
hours in. any week shall be comnpenrsated for at the rate of timle anid
one half.
SEC. 2. Hours fOT 6C10f Of UN/ Ojjee ~Em~ployees-N--o emlployee
enlrgaged in office, acco~unting~ and/or clerical w~orkj shall be permittedl
to) wvork in exc~e.-s of forty~ (40) hours per week averaged~ over a
PpeI'od of fourI1 (4) weeks, or forty-six (46) hours in any weekr or
niine (9) hiouris in any day in such four (4) week p~eriodl, pl~roided
thatl all hours in excess of forty (40) workedc~~ in any week shall be
compensatede~ for at the rate of tim~e and1~ onel ha:lf.
SEC. 3, FORT& for Eng~;ineers,i F;~isco /rrl7tollr~ W ldone,.-The pro-
visionrs of Section 1 of the Article shall not apply to engineers, fire-
men'I, or` wCntChmenC' em~ployed at anly employers plant or planlrt- who
muay be perm'"ittedl to w\ok not in excess of eighty-four (84) hours1
in any twoc (2) weekcls, or in excepss of forty-eight (48) hours in anyT
onei (1) week.
rCEc. 4. Exjcrpt;,ions as to Hou~rs.-T-he lim~itattions provided in Sec-
tion~s 1 to 3 inclusive of this Article shall. not apply to:
(a) piersonslr empoloyedl in a managerialial exLecutiv e or supervisory
capacity wh~o earnlnot less than th~irty-fivec ($3~.i.00) dollars per week
or to traveling sa ~lelmn;l or to
(b) emplloyees on emnergency maintenance or emergency'1(3 repair
w\ork involving brenh~downs or protection of life or property, pro-
vide~d that such emp~loyeesr~ shall receive time and one! half for all1
hours worked in excess of for~ty (40)1 hours ic:n any weekT or eightrfl (8)
hours in any one day.
SEC. 5. Empliyoym7ent by Several Enl'li loy~er s.-No employer shall
know-inglyr~ engag~e any employee for any7 timle which. when totaled
writhl that already performlled with ancther~l emp~loy7er, or emp~loyers,
in this inlust~ry exceedis the maxrimum perm~nitttel hlereinl.
A~RTIC'LE IV7--17AGES

SECTION. 1. 2Minizna Wag.- Es.-E xce as herein~ otherwise pro-
videdl, no :male emlploy~ee shanll be paid less thanll at thle raLte of
thir~ty-five cents (35eir) pler hour and no female empllloyee less than
thirty-two anrd one half cenits (321 4) per hour. Female employees
p~erforiming su bst a nt iall3 ~yth mewr as male employees; shan~~rt lle
receive thle sam el rate of p a as male e employees; an h r h ey
dlispinee mnen, they shanll receive the same rate of earnings as the
men theyr displace-. The Code Aulthori~ty s~hall within ninety (90))
dlays after the effeen~ve date of this Codwe file with the Adamins-
tra$tor. a derscriptioln lf' all occulpatioln s in the Indl-ustryS in which both
men and~ women are emp~lloyedc and also in whlichl women-I aret exclu-
sively employe!.d.
SEC. 2. ;1\O clerlenl or otlice emnployete shall1 be paid in any pay1! pe-
riodl less thlan at thle rafte of fifteen ($15j.00) dollars p~er week inl any
city of 50,000`c) pop'tulation or overl, or in the immedcriate trad~e area
of such city: ori less thian at thle ra~te of fourlteen lo~llars and fifty
cents ($14.00) per w\-eek in aIny city of b~etweenl L'(.:0.000i and 5~00,000
population or in thle inunllediate tendce area of suchl eity; or less than






452


at the rate of fourteen ($14.00) dollars per week in any city or town
of 250,000 or less population.
SEc. 3. Offce boys or office girls shall be paid not le~ss than twoelve
($12.00) dollars per week; provided, however-il, that the total n-umber
of all such employees employed byr any one employer shall not esceed
in any calendlar month five percent (59.~) of the total number of all
employees classified as clerical or offce employees. Irrespective of
this percent-! la;,: e each employer may retain at least one such office boy
or girl.
SjEC. 4. n1,1st' I.llr I:(* Y7678048.--A person whose earn'ling catpacity
is limited because of ageI or physical or menrtal handicap mnay be
emlployedi on light wolrk at a wage below the minimum sctab~lished~
by this Code if the employer obtains from the St~ate authority des~ig-
natedl by the U~nited. States D~epar~tmrent of Labor a certificate au-
thor~izine his emlployment at such way.-- as shall be stated in the
cer~tificate. Ea:ch emplloyer shall file with the Code Authority a list
of all such persons em~loy~ed by him., TPhe Stat~e A"uth~oritly shatll be
guidled by thle inlstructions of the United Sta~tes D~epart inentlt of Labor
in issuing cerlt i ieates to such persons.
Sw-(. 5. Pieceuorkh C~omzpenlsation-M.i i lllbnum1,~C~I Tr..-.Thlis article
establishes a minimnum compensation which Shall1 aIpply irrespective
of wrhether anl emplloyece is actually compen -ated~l on a timle-rate,
p~iece-wr-ork, or other basis.
SEC. 6, .tUC lge bov7 e IWinimum.L- Employ~oers shall not reduce the
rates of \;;I cos for empliloyees wvhose rates arre now in excess of the
mrininlunn r~ate of wager~s hle~e~in provided (not~withlsta:nd~ing that the
numlnber of hourrs w~orkiedl in such employmentet mayn be thereby cde-
creasedc), andc whl~ere in any case an emnployerI has not increased thle
rates of wages for such employees prior to the effective dat~te oft thnis
C-odle by an equitable re~adjustmnent of all wag~e rates suchl employee-r
shall readljust all surch -::-age rates. Alli such adtjul-tmen~ltcl madle shall
be reportedly by the Code iAuthority to the Adlministrartor for hris
approval wvithlin sixty (60) dlays from effective da:te of this Code.?
Th'lis provision shall be interpreted in the samne manner tha~t para-
graph. -evenI (7i) of the, President's Rteemnploymlent Agreement hlas
been interprtetedl byg the Ahdministrat~or in Interpr~etations Nos. 1.
and 20.
SEC. 7. P(t, not~,, of 't~ages.-A~ll emnplo?ers shall mnaket paymenIt of
all wagres dlue in lawful currency or by ne ga IIi ale11 check thlerefor pIy-
able on demand. Wages shall be paid. at the end of each weekly
period. These wages shall be exemptll~ from3 any payinen':'t for pen-
sions, insurance, or sick benefits o~ther~ than those voluntarily paidi~
by employees. Emp~llloyers~ or their agenlilts shalf not accept, directly,
or indiirectly, rebates on such wages or give anything of value or
extendl anly favors to any personl for the purposel~~ of ilnfluencling; rates
of wag:~es or workings cowllit-io-ns of their employees.
The provisions of this section regarding payment of wages at the
etnd of each w~Peekly- period shall not apply to perso'~!ns employed, in a
maaerial or executive capacity who earn not less than thirty-five
dollars ($~35.00) per week, nor to a~ny persons~lr emn'~:!ploy in clerical
or office wor'k, whao shall boe paid at th~e end of pay periods not to
exceedi~t bimonthly periods.






453


R~TIcra V-GEN ERAL Lanonl Pnon\lsrc N

SECTION 1. Child La7rlo.-Nllo pers~on under sixtleen (16) yearlls ojC
age shall be emlployedl in the Indus~tr~y and no person usbrllll~ eighteen'I
(18;) years\' of age shall be3 employed?''~ at opera~tions or ass upai onsill
whichl are h~azaoull, l in nautulre or tlnnuerous~l to hea;lth. 'Thet Codel

a list of' sulch operal~tionsl or occupa,~tionsr. I n tt nepne
hlall be annied11c to have comp~llied w\Tithi this provi icni if he shall
hav\e on file a cert~ificatel duly i~ssued~ by the authority in suchl Suitie
empulowered' C to issue temp~,loymennt or :(ge( (.ert~(ifktes~ or permllit;S Sh1ow-
ing~ that thle employee is of the r'cquiired age.
We~c 2. Prision.-:, from11 the A.ct.--In complllian~e wVith Section '7 (a)
of the ActL it is provillled that:
(a) Employees'''' sha~ll havlre the rigiht to corganiz andt bargain col-
lectively- t~hrough~! representatives of their own cho(!ing.l and1 shlall b~e
freec fromll the interfer:-n.-s, Ile-trainC, or coercion of emnplo!-1l- of

inl self-organ rizat i i n or in other contcertedl activities for the pm-o
of collec~iv-e barga~~ining~ or other mzutuarl aid or protection.
(b) No emllloyee" andl no onle seekinghf ensloyment.!lll shall leI r;qu~ired
as a (lconition of emp~loymrent to join any company union or to

of hlic. own chroosinrg; andl
(c) Empi~loyer~s shall comp,~lly w~ith the maxtrimumn hours1 of larbor,
minimum m rates of pay, and1I other conditions~. of employno-nll~t approved\''(
or prsc'cr~ihod~ by\ the Picl;reidet.
SEC. 3.If8 .Jer/.shllrlj;,M Of Emplo:;<.s.-.-No employer shall Ir-
c~lus if\ employees or duties of neenputioltic ns p''rfunned"- or (.ngage~ in
anyothr shtefus fr the puirrpose of defea:tingr the provisions of
thec Ac~t. or of thli4 Code.
SEC. I. rSihtrlin/lr' O~r Safety and Hfealth.--Eve~~ry cmployer shall
makie rcn-.onable~i leavi'-''''in for thne safety and. health of hlis employees
at the p-la~ce and durllingl the hours of thetil lr employment.lt Standards!~
forl sofret\ y nd health .,hlull be1 submitted by the Code Aunthority to
thle Adminrist:trator forI approval with~in six; months1 after the effective
daztc. of th~is Colle.
S~Ec. 5, ~f.7r Stt LeS.-NSo provisions in this Code sh-all ulpon.edelt
a ny St ate or F~lederal Ilawp which, imp oIl ses more11 strIi n cet'l requ(I1i emets II~l
onl emloyers~i as to the ager of emloyees,i~ ~ wages, hours of wvorkr, or
as to salfety, hoolthl, or sanitary condritiorns, or insuralnce,' or fire: pro-
fection, orgnrl ok cond~itions,1~ thanl are impo-c-sedl by this
Cod-e.
ISEC. 6j. Posing;,l.--All emp:loyers shall postl comlpleztei copies o~f thlis
Cod~e in cornsplenucirs places nces~sib~le to emplloyr,ees
S~c 7.Anempoye sallbepaid at least. hris nor~mal rate of payfi
for all timie rprquired2 to b~e spent. at ther place of emlploy mntrl or in
:0nnec~tion with the dlischarge of dutiesj of such employment.






454


ARTICLE VI--ORGANIZATION, POWERS, AND U~TIES OF TH-E: CODE
ATrrnonRrY
ORGANIZZATION AND) CONSTITUTION
SEenow(, 1. A Code Authority is hereby constituted to cooprclate
writh the Athnllini--f.~trator in the adminictrationon of this Code.
Sec. 2. The C~ode A4uthority ihllrl coml-ist~ of six (6) emnbrs,
eligible under the provl'jicions of Section 8 of this Article, five (5) of
whlom may be members of the Assnecintionl and one (1) of whom
shall be a nonlrrinember- ~ of the Association, if any, all six (6) of whom
shall be e~l~c~ted by majority vcote of members of the Industry par-
ticipating in the elections provided for in Section 3 of this ALIrticle.
SE~C. 3. The A5ssociaztion is herleby designated as the agency to
conduct an celecltionl of the members of the Code Authority within
fifteen (15) days after the effective date of this Code, and any other
elections of no-mbersCl'' of the Code Auth~ori~ty which may there~tafter
be hleldl. Memblrers of the Code A1uthority shall be elected to serve
for a term of one (1) year or until their successors are e~l~c~ted~ at the
next annual meet~~ing~ of the Indne-try. In the event of a vacancy in
the membership of the Code Authority, a special maeet~ing of the
members of the Indu-l-.tryS for an election to fill the incompllllete term.
of such member shall be called and h-eld within thirty (30) days.
Notice of the time and place of each. election shall be sent by regis-
teredl mail to all members o~f the Indus~try3 known to the A~s oeintion.,
whether~! by virtue of r~egistration as provided in Article XII hereof
or otherwise, at least ten days in advance of such election, and
voting at such election m~ay be by person, by proxy, or b~y letter
bal<.Each member of th~e Inmdustry shall have one (1) vo:,te.
LSEc. 4. In addition to membership as above provided, there may be
three (3) memberst~'.i without vote, to be appointed by the Adminis-
trator, to serve without expense to the Industry for ~terms of from
six (6) months to one (1) year so arranged~c that the terms do not
expire at the same timle.
SEc. 5i. The~r repre~sentatives who mlay be appointed by the Admninis-
trator icrtogethe with the Adminiistrator shallr be given notice of and
may sit at all meetings~ of the Code Authority.
SEc. 6. The Association. shall (1) impose no inequitable recst ric-
tions on membet~Lr ip, and (2) subm~r~it to the Administrator true! copies
of its articles of association, bylaws, regulations, and any amlend-
mnents when made th~ereto, toge~ctherl with such other information as to
membership,~~il, organization, and nactivities as the Alanlinlintrator masy
deem necessary to effetuatrlne the purpses- of the ~Act.
SEc. 7. In. order that the Clode Author~ity shall at all timer be truly
represecnl;ta\tiv of the Industry andtl in other respects c~omplly with the
provisions of the Act, the Adm11!i ni ~t en~t(o may pl~rescribe such~l h~earIi n g
asj he may deem proper; and thereafter if he shall find that the Codle
Author'ity. is not truly I!lrep~rewntatie or does not in o~therl resp~ects
comlply w~ithl thne p~rov'isiol of the Acet, m~a~y require an app~ropr~iate
mnodification in. the mnethoda of selection of thie Code A~uthority.
SEc. 8. Members of the Industry shall be entitled to participate
in and share thei benefits of the activities of the Code Authority and
to participate in thle selection of the members thereof by a~ssntingb
to and complying with thle requilcrements of this Code and sustaining






455


their reasnail~ble share of the expecnise of its admlljlifln ictrtio. SuClih
reasonable havlle of the exspclnses- of aIdminit ation shall be de-
termined~c by7 the Code Anlth~orilyS subject to review byy the Ashninlli.s-
trator, on. the budsi of volumlre of business andl/or such others fazctor~s
as mal~y be deemelc~d equiitablle.
SEC:. 9. Noth~fingi con~rta~i ned in thlis Codle shall (ans t itutec the In11.nub.-:.
of the (llCod A~uthor~ity atesfrayproe o hl
Ill('lllb.'r of the Code Au;"thority ber lable any~,~ l mNnr shto anlyo
for' any nolt of anyv other nwmbe~llrr, cf~lver,? neentll or elmployeec of tle!
C'odel u horllclity. Nor shall any rloombller of the Code Aulthorit y,
eciscr ing~ reas~onabl~ le d7ilgen~.-c. in. thie conduct of hris (Iutiln- herec-
under, be liablet to anlyonel for anly noltionl or unlli--ion to noct under
this Codel!, ecep.clt for his ow-n w~~lilfull m~isfe1asanc e or nlOnfealSm e.
Sec. 10. Panlll~ re and D~utieS.-Thei c Code Authlor~ity sh-a~ll hanve t(60
following fur~ther p!otters1 andt duties to thle extent per mitted( by

(a) To excus~~te thze provisions of this Code and. provide for th:e
compllliranee of the Indus~try3 with thle provisions of thle A~ct.
(b) TPo adotlt bylaws and ~rules andi reu1 in o t rcdr
andi for the administrattion- andc (n forcement of the Codie.
(c) To obt~dain fl~.run in1.-ush-:r. of the Indlu-l 1 v such informal~tionl
andII Ireportls as are reqjuiredg for thle administration of Ithe Codie. Non
iniv\idull;t reports shall be (Ijsl.hue(l1 to any other mlembelor of ~the
Ind~ustryy or anly oth;Erc par1t!- except to much t'\C'' '"' ~' government l neeil'
as may be dir~ctied bly the Adm~i!;istr~ator.
(d) Tlo use the Al.--aceiation. ;!nd other neencenies as it dleemns properly
fori the ca;~1ir~ry out of any of its activities p~rovidled for here~~in,
prov'\idedll that ntInefljl heron(;i shall relieve th~e Code Auth~ority of
its duties or rec~sponsibilities~ under(~1 this Coil'. and tha~t. 11uch Asso-
c~iationl and1I agenebr-l. shall at all times be subl.jet.li to a-nd comply with

(e) T1Co makre :lc!recon encantionl.- to the Administrator for the co-
ordtina~tionl of the admlli nisctratio(n. of this CodIe with. such o~ther~~ code,~1~
if anly, as 11niny relatedl to the TIndutryT .
(f) To secure froml membellr: of the Indlustry an equitable a ndI.
proport'''ionate payment of trhe rean-olnable ex~penses~ of mal~inta~inling
thle Coie Aiuthorityt 3 and1I its m:(livities.
(gP) To coopera:ti! with th~e Admrinistrator in regul~latine the ulse
of any N.R.A. inllniai~ solely by those members~~l of the TIndu~tr~y
whlo have alssetedlc to andI are ccll:,mlyingf with this Code.
(h) To recomml Ilentlc to the Adm7llini st ra:torl further fair ~trad e pene~-
tice prov\isions to govern'I memberslc1' of the Inliu-tryS in their r~elntionis
with~ echc other orI with o~ther~ industries andl to recollnunendc to thes

tio-n of: emloyme~! int.
S1:c. 11. If the Admini .trato lutil ]111 deteristlille~ that any action of
th~e Code~ Aulthor~ity or any1\ agency11' thereof is unfair or unljul-.t o~r
contrary to ther public iltere rt, the: Adcministratoro may I~require that
sulch action be suspendedl~~~ for a per~liod~ of not to, ex~ceedc thirty days to
affo~rd on1 oppor'tunity fir. inves~tigatlion of the~ meits~l- of such ni-tionr
andl fur~ther co~nsidc,r t i on by thelr CodeAnhoy lor agency: b p lendn
final nrationi, whlichl shll b ae nyuo prvlb h
Admllinistra:tor.






456


ARTICI; VII-TRADE PRACTICE RULES

GENERAL DEFINITION

For aill purposes of the Code the acts described in this Article
shall constitute unfair practices. Any member of the Indlrustry who
shall directly or indirectly, through any officer, employee, agent, or
representative, kno-wingly use, employ, or permit to be employed
any of such unfair practices .,hll be guilty of a violation. of the
Code.
2u~le 1.--No member of the Industry shall use advertising g
(wYhether printed, radio, display, or of any other nature) or other
representation which is accurate mn any material particular or mn
anly way mliwep.11rte-ent, any commodlity (including its use, trade mar~k,
grade, quality, qual~ntity, origin, size, material content, or pr~epara~-
tion) or credit termzs, value, po~lic~ies, services, or the nature or form~l
of the business conducted.
RZule 3.--No member of the Industry shall use advertising or sell-
ing methods or credit terms which tend to deceive or mislead the
customellrl or prospective customer.
Rule 3.--No nrnembert~~ of the Industry shall withhold from or inser~t
in any quotation or in-voice any statement that makes it inaccurate in
any material particular.
Rul~e 4.--No member of the Industry shall brand or mark or pack
anly commodity in anly manner which tends to deceive or mislead
purchasers with respect to the b~;lran, grade, quality, quantity, ori-
gmn, size, material conltenlt, or preparation of such commodity.
Ru~le 5.-No member of the Industry shall use advertising or make
any other representation which refers inaccurately in any7 mater~ial
particular to any ~competitors or their commodities, prices, values,
credit terms, policies, or services.
~uile 6.--No member of the Industry shall sell below his cost, as
determined by standard methods hereinafter provided in this R~ule
6, exetstl' to meet th~e lower price of a competing member of thle
Industry whose costs are lower as determined by such s-tands rdc
methods. This Rule shall not be construed as granting an exception
in an~y case to the procedure provided in Article VIII concerning
publicity of prices, terms, and conditions of sale.
Pursuant to the provisions of Article VTI, the Code Authority
shall formulate or casle, to be formulllated~ Ltanda~rd methods or sys-
tems of cost accounting for use in this Industry, which methods ~r
systems shall be adapltablea to the cost accounting procedure of, and
to the business of this Indusctry3. Such. methods or sys~temns shall
spetC~ify the factors that shall dertermlline the cost; for each memberbe
of the Industry pursuant to the provisions of this -rictio-n. Upo~n
approval of such methods or systems by the Adml~inist~trator Codle
Authority shall-furnish to each member of the Indus~ctry3 complete
details of such methods or by 'te!w. Thereac'~fterl, in derte~rminin
costs, each zunllrlther of the Industry shall use a cost necounltingf sys-
tem which shall conform to and be at least as complete and detailedl
as the cost accounting merthocd or system rcommllllendCed by the Code
Authority and approved by the Administrator.






457


Rue 7.-N~io mIemberct l of thec Indu~stry shall pub~lishl or circular~ize
u~njustified or ul\\nix-rranted threa1':ts of lega(. l pcc~~l~lrocedng which tend
to or haver the effecc.t, of harn-,.sing~ (.compe~titors or Intimidating~
their customers.
Rule? 8.---No member1~~I of the( Tllustry'3 shall wre.'Ctly. offer or makel:
anly payment or allowvllance of a rebate, refund, !inii.,ii-ion, credi.l~it,
11(unearned1 discounlt, or excess allos;:iu:.:, whether in the form. of
mone1:y or otherwi e.' for the purpo~tse of ilnfluewr~i-in a Iunk.: nor' Shall
a member secretly etesrar~l to any:\ on-tunwe:~1 anyv special service o~r
privilegre not exh-ndedl~r to all customers of thle samne class.
Ir3ule 9.-NSo m11emIber of thle Industry shall ship counlnoditie~s onr
consignmentil except undc'r-l contraLct or bona1: fidle orderls.
R~ule 10.--50 member~llr ofl thle TIntle-tr'y Shall give, permit to> be
givern, or dircltlyr olffer tos grive, anyvthing of value for thie purplose: of
inlfluenc!l~ing or rewvading;! the action of any em~fployr,3tt ;; noit, or
rere--enl~l(tate of another in relation to the bu~-ilrl-- of thle I..mlloyver
of such emlploye-e. the l1inic~iptal of such ou~-- nt, or the reprre-ientedt
party,?' \i-ithocut the knxowlledg:e of such employer,! principal, or p-ar~ty.
Commlnercial bri:l < y 2leavisions shall not be constr~ued to pr~ohib it
free mulrl gement; distribution of tr~ticles colnunonly: usedf for adlver,
tisine-' ecSep ~t SO far' as such arrthi.1-; ar~e aduallly 11-.,I for c~onunle~ciall
briiberyS no~ her~einabove doine1l~.
Rulre 11.--No Inwmbe r of "the Ilndnl-try sh~all knIowC\inly:. attemptlf
to indn~~.t o the breach of an Ex'-l ine entrac~a 3.cetn-cven a competiLtor
anId his emuploy-ee or customers or source of sulpply; nor shall an~y
such'i iiwm' = v~ in~terlfti.r wiithl or obstruct thte performance e of such
Contal.:l~n;! dultieS or Ser'ViceS.
Hule i ..-N-o m~emlber of the Indol-try shllnl repludliatet a contr~ai s
entendrl~l in~to ini >,od fai'hl wheln the purposes" of such repudiation
is to create for iu;h nrmember a~n unfair price ardv\arr..ege.~
~Ru~l 13.-No0 1 Iu her of thze Indlus-try shall comrbino qulotat-ions for
any produe 1l of this Indcustr~y with anly quotation for any other mas-
ter~i;l, lazbor, or service, for the purpose and with the intent of con1-
cod~lI11 the true lling price of the products of this Indu~stry.,
1F2/i1 14.--50 1..! cher of the Indust-ry shall guarantee n L;ai n st pr ~il
cl~c:ine except as th-le samle mnay be limited to the tltecl~ine in his own
p''Trices andl suchr guarantlee shall then apipl only to goa~lt s contrm-i---I
for but not delive\c (i.
1El7, 15.-No, undisab-e~ of prodw-ljts of the Industry s-hall cover
(7amae-es for olther than those llue to tltfretive matieriid1 and wrorkc-
nushp ndnosuh uaranteec shall eclsc\edl ninety (90) tlays fromt
date~ of clelj\ri very. This provision shall not '"per-ode~' any Iimpllic~l



Si~c.lrc !N 1. Withinljl fifteen (15) tl;:ys after the et'flctivet clate of thlis
C'ode each on-mbr ll~l.Of the 111Indw-try shall publl~lishl his priices,~ tenusc;
and~ com.rrlitiolns of sale on all In:-rular~d prod~lucts to his tradet~ such
class o~f tradeli be(ine. fur'ii~~nishe with thie price ,'' terms, anid icondlitionsr~
of sal affIttect in eact~1h such e1 lass of t ru~Ile. C'cilc~idecnt with such pub'-
licat~ion, each membll~..- of the Iml~nst~ryT shall file rith thie Colde A-~I
thiority, andt thie Codie Authiorit~y shall immediarl tely dlistribute to all






458


memerslcr of the Industry, a complete schedule of suchn prices, terms,
and conditions of sale.
SEc. 2. In the event of anyT change by any member of the Indlustry
mn any prlee~c, terml, or condition of sale, he shall file full and complete
copies of every such chanrre with the Code Authority wcithnin such
periods as m~ay have been dec-igina~te by the Code Authority but not
exceeinglr l seven (7) days in advance of the e~ffcrtiv-e date of anly such
change. Copies thereof shall be inawal~intfely distributed by the
Code Authorlt~y to the ownsherll'' of the Indus~try.' On the effective
date of any such change, thte Ilndustry mremnber shall publish the same
to the trande concerned.
Sw~c. 3. No member of the Indus~try3 shall sell, pay a rebate, or allow
a deduction at anly time to any person except in. ncord~l't ance_~ with his
prices, terms, and cond~itionsl of sale then in effect and pub~lisher d in
th~e manner dlescribedt herein, xcep~clt that chnangres made to meet any
competitive reductions ma~y be made effective on or at any time after
the date such competitive reductions become effective. Eaach memllber
of the Industry shall have th~e right, individually, to publish new
prices, terms, and conditions of ;ale, from timne to time, as herein
provided.
ARTICLE ~IX-MlomrIFC .\Trms

SEctrI.oN. 1. Trhis codle and all the provisions thlereocf are expressly
made subject to the right of thre President, in accordance -with. the
provl\isions of -Ilbsectionl (b) of Se~ction 10 of the ~National Indus-
trial Reco~very AQct, fromt time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of said
Act and cpe''ifically9, bult wcPithout limitation, to th~e right of the
President to c nlcel or modify his approval of this Code or any con-
ditions imposed by him upoh his approval thereof.
SEC. 2. This Code, except as to provisions I~rreqired~ by the Ac~t,
may be modified on the basis of experience or changes in circumn-
stanI(C'.s, such modifications to be baTIed upon application to the Ad1-
ministrator and such notice and hearing as he shall specify, and to
become effec~tive on his approval. _Any such application mlay be made
by the Code Aiuthority.
AII.TICLE X--MONOCPO:LIEs, ETC.

No provision of this Code shall be so applied as to permit mo-
nopolies or monopolistic practices, or to elimlinate, oppress, or
discriminate against small enlterpr~ises
ARTICLE: XI--REm'~IrrTS

In addition to the information r~equ~ired to be submitted to the
Code Auth~ority, members of the Imb tryl'J shall furnish to the Adl-
ranli-ltrator FIuch~ -tatistical information as may7 be cteemled necessary
for the purposes'c recited in Secltionl 3 (a) of the Act to such Federl~n
and State agetnl~cis as thze Administrator may de~igtnate; and nothing,
in this Code shall relieve any person of anly existing orbligantion to
furnish reports to government agnbCl.ies.






459


ARTICLE XZI[I-REC1.4TR:.TION~ OFI r31EMB:lis OF, THE INIA'4.'anE

Ealch niemriberi of th~e Industry shall. w\ithlin thirt y (30I) tays a rfterl
the? Iefet ive dtent of thigh Caul'. I(regist rl withi the C`, j'in Authority. All
membersjl~r of thet Industry wvho mnay owner'1~1 in the TItalu-t rv' thereafter
shall likew\\i-et res~ister~ withl the Codle Au rthority.,
Regiutration of a nIl'nllther of the Illllll try\ h1all inela.10l~c the full
rname andi maliliri ng llslrew- o-f the member. TTE- time limit for the
TOC~isk~rilflll I,\ :Ill' lit'llllerl of thef TIIndu t ~rly mo e extended wv~hen-
tvcer, in thec op~inion: of the Admllriniitrator, the timel limit as p~rovided
herinl mlighlt CauseF an injustice to any mlembler of the I~ndol-try.

Air:ricar X~III[--Ero-~i-nfETVI DATEF

Thnis C~nohll~t b1;1 ecome cel~c~tive on thle -1 -and 11` Im~~l:ty after~l its
approval'~`~ by t;he Presiden~lt.

Re~I--tr.1- No, 1620-05.




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