Code of fair competition for the wholesale monumental marble industry as approved on July 14, 1934

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Title:
Code of fair competition for the wholesale monumental marble industry as approved on July 14, 1934
Physical Description:
p. 131-143 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Gov. Printing Office.
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Marble industry and trade -- Law and legislation -- United States   ( lcsh )
Monuments -- Law and legislation -- United States   ( lcsh )
Wholesale trade -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
Approved Code No. 484 ; Registry No. 1023-29".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004883821
oclc - 63655053
System ID:
AA00006512:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



W~CHOLESALE MIONUMIENTAL

MARBLE INDUSTRY


For sale by the Superinlandent of Documents. Washington, D.C. - Price 5 cents


SApproved Code No. 484


Registry No. 1023--29


AS APPROVED ON JULY 14, 1934


'II




i I 16 II:


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMdERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, MIass. : 1801 Custombouse.
Bullalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commer'ce Building.
Chic~ago, Ill.: Suite 1706, 201 Nor-th Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 801 First National Bank Building.
B~ouston, Tex.: Chamber of Commerce Building.
Indianapolis, Indt.: Chamber of Commerce Building.
Jacklsonville, Fla.: Chamber of Commerce Building.
Kanszls Citya, M;'o.: 1028 Baltimore Avenue.
I~os Angeles. Calif.: 1163 South Broadw~ay.
Louisville, Ky.,: 408 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
M~inneapolis, M~inn.: 213 Federal Building.
Newr Orleans, La.: Room 225-A, Customhouse.
Newf York, N.Y.: 7341 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia. Pa.: 422 Commercial Trust Building,
Pittsburgoh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Newv Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Battle, Wash.: 800 Federal Office Building.












Approved Code No. 4841


CODE OF FAIR COMPETITION
FOR THEI

WHOLESALE MIONUM~ENTAL MARBLI~E
INDUSTRY

As Approved on July 141, 19341


ORDER

APPROVING CODE OF FAIR COMIPETITION FOR THE grHOLESf.-I;E R0NUIT
MIENTAL D1ARBLE INDUSTRY
An application having been duly made pursuant to and in full
compliance wFith the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the WVholesale 1\lonumnental Ma~rble Industry,
and hearings having been duly held thiereon a-ndl the annexed report
on said-Code, containing findings w~it~h respect ther~eto, havTing been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the UJnite~d
States, I, Hugh S. Johnson, Adlminis~trator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 65413-A, dlated December
30, 1933, and otherwise. do hereby incorporate by reference said
annexed report and do find that said Codle complies in all respects
w-ith the pertinent provisiions and wTill promote the policy and pur-
poses of saidl Title of said Act, and do hereby order that said Code
of Fair Competition be and it is her~eby approved; provided, that
the hourly rate for the North as provided in Section 1 of Article
IV and the overtime rate as p-rlovidled in Sec~tion 2 (b) of A2rticle III
be approved pending the completion of a study within ninety (90)
days of these rates in connection with rates of similar codes, and
provided further, that Industry's request for stay be granted in
Section 5 of Article IV pertinent to the methods of payment~ of
~agess pending determination by the A4dministrator on a similar
stay in t~he Retail Trande Code.
HUGH S. JOHNSON,
Admn~is,~~tratfor forl Indlusjtrial Recovery.
Approval recommended :
BR~Row W. MIURRAY.
Division, Admzin1 istrator'.
WVASHINGTON, D.C.,
July 14, 1934.


73797"-829-70-----34 L


(131)













REPORT TO THE PRESIDENT


The PRESIDENT,
The Wbhite House.
SmR: This is a, report on the Code of Fair Competition for the
Wholesale Mlonumental MTarble Indugt~ry, t~he public hearing having
been conducted thereon in W~lashington, D.C., on January 2, 1934, in
accordance with the provisions of the National Industrial Recovery
Act.
HOURS AND WAGES

The Codle provides a forty (410) hour week excepting watchmen
who are permitted to work fifty-six (56) hours per week. Firemen,
engineers, sawyer~s, t~ruckmen and shipping clerks may be permitted
to work forty-eight (48) hours per week. Mhinimlum rates of wages
established are thirty-seven and one-half cents (371,*0i) per hour in
the North and thirty cents (30Q) per hour in the South.

OTHER LABOR PROVISIONS

The Conde contains provisions governing child labor, infirm and
aged employees, reclassification of employees and safety and health
of employee.
ECONOMzIC EFFECT

It is expected b~y the industry that. a small increase ih employment
will result due to the adoption of a maximum forty (40) hour work
week. Payrolls under this Code will be increased from twenty
percent (20%)i to fiftyS percent (50'1%) in bot.h the Nor~th and South
areas.
FINIDINGS

The Deputyv Adlministrator in his final report to me on said Code
having found as hereini set forth and on t~he basis of all the pro-
ceedings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among t~he trade groups,
by induncing and mai;ntaningn united action of labor and mianage-
mient under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present poutv aaiyo nutis
by aoidng ndu retritio ofproduct~ion (except as may be
temporarily required), by increasing the consumption of industrial
(132)






133


and agricultural products through increasing purchasing power, by
rreducingr and relieving unemployment, by improving standards of
labor, and~ by otherwise rehabilitatingr industry.
(b) Said industry normally employs not more than 50,000 emu-
ploy~ees, and is not classified by m~e as a major indlustry~.
(c) The Crode as approved complies in all respects w~ith the perti-
nent provisions of saidl Title of said~ Act, inlcludlingr wTithout limiita-
tion Subsection (a) of Section ;3, Subsection (a') of Section 7, and
Subsection (b) of Section 10) thereof; andc that the applicant group
is an industrial group tlruly representative of the afor~esaid industry;
and that said group imposes no inequitable restrictions on almis-
sion to membership therein.
(d) The Code is not designed to and will not p~ermlit monopolies
or monopolistic practices.
(e) The Code is not designedl to and will not elimiinate or oppress
small enterprises and w~ill not operate to discriminate against them.
(f) Those enlgagedl in other steps of the economiic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have appr~oved this Codle.
Resp'ct~fully,~
H7ca- S. JOHNSON,
Admdzinrist ra tor.
JULY 1-i, 1931.











CODE OF FAIR COMPETITION FOR THE WHOLESALE
MONUMIENTAL MARBLE INDUSTRY'

ARTICLE I--PUPOSES

To effect the policies of Title I of the National Industrial Recov-
ery Act, the following provisions are established as a Code of Fair
Competition for the W~holesale M~onumental M/arble Industry and
shall be the standard of fair competition for such industry and shall
be binding upon every member thereof.

ARTICLE II--DEFINITIONS

(1) The term wholesale M~onumnent~al Mlarble Industry or
" Industry as used herein is defined to mean the finishing and sale
to retail monument dealers, jobbers, or wholesalers, of marble for
mnonuiments, and other monumental wTork.
(2) The terms '' monument "! and monumental as used herein
include marble monuments, memiorials, markers, headlstones, tomnbs,
tombstones, coping, lot enclosures, surface burial vaults, urns, seats,
benches, sundials, anld all other related types of memorials, andi
rough marble and partly finished marble intended or suited for these
p rp)oses.
(;3) The terml Miember of t~he Industry includes, but. without
limitation, any indlividual, partnership, association, corporation, or
other formi of enterprise engaged in the industry, either as an
emlployer or on his or its own behalf.
(4)j The term employee as used herein includes any and all per-
sons engag~redl in thle Industry, however compensated, except a member
of the Inlust ry.
(5) The termn employer as used herein includes anyone by
w~hom sulch employee is comnpensated or employed.
(G) The terms '' President "A~ct "! and "Adlcministrator as used
herein shall mean resp~ectively, the President of thie United States,
Title I of the National Industriall Recovery Act, and the Aldminis-
trator for Indlustrial Recovery.
(7~) Poplaltion for the p~urposies of this Code shall be determined
by reference to the latest F'ederal Census.
ARTICLE III--Houns

SECTION i. Alar2lilitb772 nrU)'8.--No employee shall be permitted to
work in excess of forty (40) hours in any one w-eek or eight(8
hours in anyr tw~enty-four (24) hour period, or more than six(6
days in anyr sev-en ('i) dlay period, except as hereinafter provided.
SECTION 2. No person employred in clerical or office work shall be
permitted to w~orkr in excess of forty (410) hours in any one week or
eight. (8) hours in any twenty-four (24) hours perio~d. A normal
work day shall not exceed eight hours.
(134)







135


(b) The provisions of this Article shall not apply to traveling
salesmen, or to employees engaged in emergency maintenance or emer-
gency repair work, or to persons employedd in managerial or execu-
tive capacity who earn regularlyy thirty-five dollars ($35.00) per
week or mnore; provided, however, that employees engaged in emer-
gency maintenance and emergency repair work shall be paid at, one
and onie-third (11,$) times their normal hourly rate for all hours
worked in excess of eight (8) hours per day~ and forty (40)j hours
per week.'
(c) Emiployrees engaged as watchm~en may be permitted to work
not in excess of fifty-six (56) hours in anly one week, or more than
six (6) days in any seven (7i) day period; andl
(d) Employees engaged as firemlen, plant engineers, sawy~ers, andl
foremen may be p:ermlittedl to w~ork not in excess of forty-eight (JS)
hours in any one week and not more than sixi (6) days in any seven

(?e) aEmployees engagd as tr~ucimen or shipping cler~ks may be
permitted to wrork not in excess of forty-eight (418) hours in any one
wIeek or more than six (6) days in any sev-en day period; and
(f) Em7ployees may be permitted to exceedl thle limitations of Sc-
tion 1 wheni employment is necessary t~o recover time lost due to
inclement weather, provided, however, that the total hours worked
shall not exceed an average of forty (10:) hours per week for any
three (3) months' period of the year or a maxnimnum of forty-eight
(418) hours in any onie reekr, and provided~ further that overtime rates
shall be paid for all hours worked in excess of eight (8) hours per
day or forty (40) hours per week at thle rate of one and one third
(11,8) times the nlormanl rate except. employees cove~redl by Subsections
(c), (d). (e) of this Section.
SECTION 3j. Emplr/oymentl~ by Sevleral Employers.- Noo employer
shall knowingly permnitt any emlployee to w~ork for any timne which,
when totaled with that alr~eady performed with another employer
or employers, in this or any! others indlustr~y, exceedls thle mnaximnum
permitted herein.
ARTICLE I1T-\\7AGES
SECTION i. NO emplOyee Shall be paid in any pay periodl less than
at the rate of th~irty'-seven andl onie half cents (371-g) p~er hour,
except in the South where no such emnploy~ee shall be paid less than
at the rate of thirty cents (30C) p~er hour. The South includes that
part of the United States south of the Potomiac and~ Ohio Rivers, andl
east. of the 1\lississippi River together withl the States of Arkannsas,
Oklahoma, Louisiana andl Texas.'
SECTION 2.,., The...,.. Miimu rat of.~ pay for necountin, clerical, andc
offce employees shall be as follows:
Fifteen dollars ($15.00) per week in any city of over 500,000 popu-
lation, or in the immediate trade area of such eity* fourteen and
50/'100 dollars ($14.50) per week in any city~ of between 2530,000 and
500,000 population, or in the immediate tende area of such city;
fourteen dollars ($14.00) per week in any other place.

2 See paragraph 2 of order approving this Code.






136


shall apply, irrespective of whether an employee isclr 8 h Atl eabies imu actual o~~~hcom-
pensated on a time-rate, piecework, or other basis.
SECTION 4. A person whose earning capacity is limited because of
age or physical or mental handicap may be employed on light work at
a wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours a~s shall be stated in the certificate
provided, however, that the total number of such employees shall
not exceed 5 per cent of the total number of employees, except that
in any case the employer shall be allowed to employ two such employ-
ees. Each employer shall file monthly with the Code Authority, a
list of all such persons employed by him, showing the wages paid
to, and the maximum hours of work for such employee.
SECTION 5. An employer shall mak~e payment of all wages not
otherwise than in lawful currency, or by negotiable check, payable on
demand. These wages shall be exempt from any payments for pen-
sions, insurance, or sick benefits, other than those voluntarily paid
by the wage earners, or required by la~w. Wages shall be paid at
least semi-monthly, and salaries at least monthlyy'
SECTION 6. Ad~j~ustIMet of Tfayges.--The hourly wage rate or salary
of all employees receiving more than the minimum rate or salary
herein prescribed shall be equitably adjusted, if such adjustments
have not already been made. No employee now receiving compen-
sation at a rate in excess of the minimum herein prescribed shall have
his weeklyv compensation reduced on account of and reduction in
w~eekly hours of employment to conform to requirements of Atrticle
III.
SECTION 7. Femarle Employzees.--Female employees performing
substantially thne same work as male, employees shall receive the same
rate of pay as male employees.
AcRTIC'LE V--GENERAL L~non PRovzIsIows
S~ECTION 1. No person under sixteen (16) years of age shall be em-
ployed in the industry. No npeson under eighteen (18) years of age
shall be employed at operations or occupations which are hazardous
in nature or dangerous to health. The Code Authority shall submit
to the Ahdministrator for approval within sixty (60) days after the
effect~ive date of this Code, a list of such operations or occupations.
In anyr State an employer shall be deemed to have complied with this
provision as to age if he shall have on file a valid certificate or permit
duly signed by t~he Authority in such State empowered to issue em-
ployment or age certificates or permits showing that the employee
is of the required age.
SECTION 2. (a) Emnployees shall have the right to organize and bar-
gain collectively, through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or mn self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.


'See paragraph 2 of order approving this Code.






137


(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
framn from joinmng, orgaruzing, or assisting a labor orgaruzat.10n of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
SECTION 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the. purposes of the Act.
SECTION 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment..
Standards for safety and health shall be submlittedl by the Code Au-
thority to the Admuinistrator within six months after the effectiv-e
date of the Code.
SECTION 5. No provisions in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as~ to safety,
health, sanit~ary, or general working conditions, or insurance or fire
protection, than are Imposed by this Clode.
SECTION 6. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every memb-
ber of thle industry~ shall comply with all rules and regulations rela-
t~ive ton the poscti;ng of provisions of Codes of Fair Competition
which may from time to time be prescribed by t~he Admiinistrat.or.
SECTION 7. NO eniployer shall dlismiss or demnote any employee for
makringr a complaint or giving evidence with respect to an alleged
violation of the provisions of the Code.

ARTICLE V~I--ORGANIZATION, POWVER.S, AND DUTIZES OF THE CODE
AUTHORITY

SECTION 1. A Code A~uthority is herebyr established to cooperate
with t~he Administrantor in thie administration of this Code.
SECTION 2. For the purpose of the administration of this Code,
the WS;holesale M~onumental M~arble Industry shall be divided into
geographical divisions as set. forth below:
Division I shall includce that part of thie United States north of
the Potomac and Ohio Rivrers and east. of the M~ississippi River.
Division II shaill include that part of the United States south of the
Potomiac and Ohio Rivers and East of t~he MIississippi River.
Division III shall include the remnainder of the United States.
SECTION 3. (a) The Code Authority in charge of the administra-
tion of this Code shall consist of five members of the industryS, who
shall be chosen as set forth below.
(b) M~embers of thep Indusitry shall select in eachl geographical
division by a fair method of election, subject t~o the approval of the
Administrator, and with fair consideration of volumne of business,
one member to represent their Division on the Code Authority. The
three members so chosen, shall, with the approval of the Administra-
tor, choose two additional members of the Industry. These five
members of the Industry so selected shall serve for a period of one
ypear, and together w~ith those appointed by the A~dministrator as






138


provided in Sect~ion 4, below, shall constitute the Code Authority
for thle Wlholesale 1Monumental M~arble Industry.
(c) Any vacancies on the Code Authority in the membership rep-
resenting a Division or otherwise remaining unfilled for a period of
fifteen (15) days may be filled by the Code Authority as then consti-
tuted, and the member so selected shall continue as the representative
of the Division in which the vacancy has occurred until such time
as that Division elects a successor.
(d) The members of the Code Authority shall be elected at
meetings of the members of the Industry to be called within ten
days after the effective date hereof. The notice of the meetings shall
be sent out by the Chairman of the Code Committee by registered
mail to all known members of the Industry. The notice shall spe-
cifically state that the voting* at the meeting may be in person or
by proxy and said notice shall be sent ten (10) days prior to such
meeting. The members of the Code Authority shall be elected by
members of the Industry present in person or by proxy at such
meetings by a majority vote of members of the Industry present in
person or by proxy as such.
SECTION 4t. In addition to membership as above provided, there
may be not more than three members, without vote, to be known as
Administration members appointed by the Administrator, to serve
for such terms as h~e may~ specify.
SECITION 5. In order that the Code Authority shall at all times
be truly representative of the Industry and in other respects comply
with the provisions of the Act, the Admliinistrator miaypecbesh
hearings as he may deem proper; andi thereafter if "he shall find
that the Codle Authority is not truly representative or does not in
other respects comply with thie provisions of the Act, may require
an appropriate mnodification in the mlet~hod of selection of the Code
Authority.
SECTION 6. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to
anyone for the act of any other member, officer, agent, or employee
of the Code Authority~. Nor shall any member of thle Clode Au-
thority, exercising reasonable diligence in the conduct of his duties
hereunder, be liable to anyone for any action or omission to act under
this Ctxie, except for his own wilful misfeasance or nonfeasance.
SECTION 7. A~ny association directlyI or indirectly participating in
the selection or activities of the Cohe Authority shall (1) impose
no inequitable restrictions on membership, and (2) submit to the
Admiinistrator true copies of its articles of association, by-laws,
regulations, andl any amendments when made thereto, together with
such other information as to membership, organization, and activi-
ties as the Administrator may deem necessary to effectuate the
purposes of the Act.
SECTION 8. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
byI such Code Authority or agency pending final action which shall






139


niot be effective unless thle Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of inten-
tion to proceed with such action in its original or modified form.
SiECTION 9.) The Codelc Aulthority shall have the~ followingr further
powers and duties subject to such rules and regulations as the
Administrator may prescribe:
(a) To insure the execution of the provisions of this Code and
to provide for t~he compliance of the industry withl thle provisions
of the Act.
(b) To adopt by-lawFs and rules andt regulations for its procedure.
(c)" To obtain fromt members of thie Industry such information
reports as are required for the administration of the Code. I
addition to information required to be submitted to t~he Code Alu-
thority, members of the industry subject to this Code shall furnish
such statistical information as the Administrator mayq deem neces-
sary for the purposes recited in Section 3 (a) of the Act to such
Federal and State agencies as he may designate; pr~ovidedl that
nothing in this Code shall relieve any member of the industry of
any existing obligations to furnish reports to any G~overnm~ent
agency. No individual report shall be disclosed to any other mem-
ber of the industry or any other party except. to sucht other Govern-
miental agencies as may be directed by the Adm~inistrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Au-
thority of its duties or responsibilities under this: Code and that
such trade associations and agencies shall at all1 times be subject
to and comply with the provisions hereof.
(e) To make recommendations to t~he Administrator for the co-
ordination of the. administration of this Code wit.h such other codes,
if any, as may be related to or affect members of the industry.
(f) 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 stabiliza-
tionn of employment; andl includiJng modifications of this Clode which
shall become effective as part hereof upon approval by the Admnin-
istrator after suc~h notice andl hearing as he miayT specify.
(g) To appoint a Trade Practice Commnittee which shall meet
with the Trade Pranctice Committees appointed under such other
codes as may be: related to the indlustry for the purpose of formulat-
ing fair trade practices to govern the relationships betwTeeni employ-
ers under this code and under such other codles to the end that such
fair trade practices may be proposed to the Administrator as amiend-
ments; t~o this code and such other codes.
SECTION 10. It being: found necessary to support. the Admlinistra-
tion of this Code, and to maintain the standards of fair competition
established hereunder, and t~o effectuate t.he policy of the Act the
Code Aut~hority is authorized:
(a.) To incur such reasonable obligations as are necessary and
proper for the foregaoing purposes and to mieet such obligations out
of funds which may be held in trust for the purposes of the Code
and raised as hereinafter provided;





140


(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary:
(1) AQn itemized budget of its estimated expenses for the foregoin;g
purposes, and
(2) An equitable basis upon which the funds necessary to support
such budget. shall be contributed by all members of the Industry.
(c) After such budget and basis of contribution have been ap,-
proved by the Administrator, to determine and obtain equitable con-
tribut.ions as abov-e set. forth, and to that end, if necessary, to institute
legal proceedings therefore in its own name.
(d) Each member of the Industry shall pay for his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority as hereinabove provided and subject to rules and regulations
pertaining thereto issued by the Administrator. Only members of
the industry complying wit~h the Code and contributing to the ex-
penses of its administration shall be entitled to participate in the
selection of the members of the Code Authority or to receive thie
benefits of its voluntary activities or to make use of any emblem or
insignia of the N.R.A.
(e) The Code A~uthority shall neither incur nor pay any obliga-
tions 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 itemn of expenditures in
excess of prior budget except those the Administrator shall have so
approved.
SECTION 11. The Code Authority shall cause to be formulated
methods of cost finding andl necounting capable of use by all members
of thle industry, and shall submit such~ methods to t~he Administrator
for review. If approved by the Admninistrator, full information
concerning such methods shall be made available to all members of
the industry. Thereafter, each member of the industry shall utilize
such methods to the extent found practicable. Nothing herein con-
tained shall be construed to permit the Code Authority, any agent
thereof, or any miemb~er of the industry to suggest uniform additions,
p~ercentagres or differentials or other uniformly items of cost which
are designedl to bring about arbitmrar uniformity of costs or prices.
SECT~ION 12. The Code Authority may recommend to the Adminis-
trator modifications and.*'or amendments to this Code, which shall
become parts of this Code upon approval by the Administrator after
such notice and hearing as he may prescribe.

ARTICLE V11-TRADE PRACTICE RULES
The following trade practices are prohibited:
SECTION I--RULE l--bllGCCOi'af e Ad??&Tfl'SilEY.--NO member of the
Industry shall publish advertising (whether printed, radio, display,
or~ ~ ~ ~~I ofayote atue which is misleading or inaccurate in any ma-
terial particular nor shl ny member in any way misrepresent any
commod-ityv includinga but without limitation its use, trade mark,
grade, quality,~ quantity, origin, size, substance, character, nature,
finiish, material content., or preparation), or credit terms, values,
policies, services, or the nature or form of the business conducted.






141


RULE 2. Fa 88 Effifang.--No member of the industry shall know-
ingaly withhold from or insert in any quotation or invoice any state-
ment that makes it inaccurate in any material particular.
RULE 3. Inzaccuralte Labelling.--No member of the industry shall
brand or mark or pack any commodity in any manner which tends to
deceive or mislead purchasers and;'or prospective purchasers with
respect to the brand, grade, quality, quantity, origin, size, finish,
material content, or preparation of such commodity.
RULE 4. JnacCCUTafe Referlence8 t0 Com~petitor's, Etc.-No member
of the industry shall use advertising or other representation which
refers inaccurately in any material particular to any competitors or
their commodities, prices, values, credit terms, policies or services.
RULE 5. rornaner~cial Bribery.--No member of t~he industry shall
give, permit to be given, or directly offer to g~ive, anyt~hing of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agent or the
represented party, without the knowledge of such employer, princi-
pal or party. Commercial bribery provisions shall not be construed
to prohibit. free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for
commercial bribery as hereinabovre defined.
RULE 6. lil/sCP/Cr)enhc Pth Sit A hffcT 8 IcORWScf8.--NO member of the
induist~ry shall attempt. to induceP the breach of an existing contract
between a competitor and hzis customer or source of supply.
RULE 7. BlcEiGOL' i&ly~.-NO meDmber of the industry shall join or
participate with other members of the indlustry in a~ny transaction
known as a black list, including any practice or device (such as white
list), which accomplishes the purpose of a. black list.
RULE 8. Rebartes.--No member of the industry shall secretly pay
or allow rebates, refunds, commissions, credit, or unearned discounts,
or excess allowances, whether in the formi of money or otherwise, or
secretly extend to certain customers special services or privileges not
extended to all customers under like terms andl cond-itions, for the
purpose of influencing sales.
RULE 9. Il i8rep7e86Nftat 09-.--RO member of t.he indulst ry shallI mis-
lead or deceive any bidder as to the amounts and conditions of other
bids, or by any other false information, for the purpose of inducing
him to cut. his own bid.
RUTLE 10. Biddling Practice.--No member of the industry shall
induce or attempt to induce an architect., owner, builder, or retailer
to reveal to such member any information r~egardingr any boid received
on a competitive job, with a view of giving such mnembler an oppor-
tunity to meet or cut below the lowest bid, whether such member was
one of the original bidders or not.

ARTICLE VIII--OPEN PRICE

SEC'PJO0N 1. Each member of the industry shall file with a confi-
dential and disinterested agent of t~he codle Authority or, if none,
then w~ith such an agnen designated by the Administrator, 'identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter inl th~is article referred to






142

as price terms ", which lists shall completely and accurately con-
form to and represent the individual pricing practices of said mem-
ber. Such lists shall contain the price terms for all such standard
products of the industry as are sold or offered for sale by said mem-
ber and for such non-standard products of said member as shall
be designated by the code authority. Said price terms shall in
the fi rst instance be filed within sixty (60) days after the
date of approval of this provision. Price terms and revised price
terms shall becoJme effective immediately upon receipt thereof by
said agent. Immediately upon receipt thereof, said agent shall by
telegraph or other equally prompt means notify said member of the
time of such receipt. Such lists and revisions, together with the
effective time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the industry and to all of
their customers who have applied therefore and have offered to defray
the cost actually incurred by the code authority in the preparation
and distribution thereof and be available for inspection by any 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 afore-
saidl; provided, that prices filed in the first instance shall not be
released until the expiration of the aforesaid sixty (60) day period
after the approval 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 Admninistrator. Upon request the code authority shall fur-
nish to the Administrator or any duly designated agent of the Ad-
mninistrator copies of any such lists or revisions of price terms.
SECTION 2. WVhen any member of the industry has filed any revi-
.sion, such member shall not file a higher price within forty-eight
(48) hours.
SECTION 3. No member of the industry shall sell or offer to sell
any products/'services of the industry, for which price terms have
been ~filed pursuant to the provisions of this article, except in accord-
ance with such price terms.
SECTION 4. No member of the industry shall enter into any agree-
mlent, understanding, combination 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 intimidation, coercion, or
any other influence inconsistent w~ith the maintenance of the free
and open market which it is the purpose of this Article to create.
ARTICLE IXY-1\IODIFICATION

SECTION 1. Thlis Codle and all the provisions thereof are expressly
made subject to the right of t~he President, in accordance with the
provisions of subsection (b) of Section 10 of the National Indus-
trial Recovery ALct, 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 w-ithout limitation, to the right of the President
to cancel or modify his approval of this Code or any conditions
imposed by himi upon his approval thereof.






143

SECTION 2. This Code, except as to provisions required by the
Act, may be modified on the basis of experience or changes in cir-
cumstances, such modification to be based upon application by the
Code Authority to the Administrator and such notice and hearing as
he, shall specify, and to become effective on approval of the
Administrator.
AtRTICLE X-1\fONOPOLIES, ETC.

No provision of this Code shall be so applied as to permiit mnonopo-
lies or monopolistic practices, or to eliminate, oppress, or discrimii-
nate against small enterprises.

ARTICLE XI-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if price of goods and2
services increase as rapidly as wagres, it is recognized that price in-
creases except such as mayS be required to meet. individual cost
should be delayed. But, whien made such increases should, so far as
possible, be limited to actual additional increases in the seller's cost.
ARTICLE X~II-FOREIGN TRADE

No provision of this Code. relating to prices or terms of selling,
shipping, or marketing shall apply to export trade or sales or ship-
mients for export t~rade.

ARTICLE XIII--EFFECTnT' DATE

This Code shall become effective on the second Mfonday after its
approval by the President.
Approved Code No. 48Y4.
Registry No. 1023-29.




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