Code of fair competition for the roofing granule manufacturing and distributing industry, as approved on March 31, 1934

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Material Information

Title:
Code of fair competition for the roofing granule manufacturing and distributing industry, as approved on March 31, 1934
Physical Description:
p.11-24 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

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Subjects / Keywords:
Roofing industry -- Materials -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Approved Code No.375 ; Registry No.1036-05".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004860890
oclc - 63655093
System ID:
AA00006528:00001

Full Text





NATIONAL RECOVERY ADMIINISTRATION




CODE OF FAIR COMaPETITION



ROOFING GRANULE

MIANU FACTUTRI NG AND

'DISTRI BUTING I NDUST RY


' 'I
For sale by the Superintendent of Docruments. Washington, D.C. - Price 5 cents


Approved Code No. 375


Registry No. 1036--05


AS APPROVED ON MARCH 81, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 19341


I_L _~~i___ __
r

li ~ 1























This publiention isi for sale by the Sup~ertutendent of Documents, Government
Printing Office, Washington, D.C., andl byS district othiees of the Bur~eau of Foreign
and Domestic Commle'c~e.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Otlce Building.
Birminghamu Ala.: 237 Federal Building.
Bostlon, Manss.: 1801 Customhiouse.
B~uff'aln, N.Y.: Chamber of Comimerce Building.
Charleston, S.C.: Chalmber of Commerce Buildling.
C~liengo, Ill.: Suite 1706, 201 North Wells Street.
Clev~eland, Ohio>: Chamber rf Commer~ce..
Dallas, Tex.: Chamuber of Com~merce Building.
Dectrocit. Rlich.: 80.1 First Na!tionlal Bankl B1uildling.
H~ouston, Tex.: Chambiler olf Conlunerce Building.
Indlinanplolis, lud.: Cha~mb.er of Commerce Building.
Jacksonville, F~la.: Clhamber of Comm~erce Building.
Kanosas City', 100.: 102S Daltimore Avenue.
Los Angeles, Calif.: 1163 Southi BroadwaFy.
Louisville~. Ky~.: 40JS Federl~n Building.
5Iemphlis, Tenn.: 229 Federal Building.
111innea~polis, M~inn.: 213 Fede~ral Buildi~ng,
Newv Orleans, La.: Room 225-A, Custombouse.
New YSorkc, N.YS.: 7T34 Customhouse.
Norfolk, Va.: 400 East Plume Street.
Phiiladel~.hi;, Pa.: -1'22 Commercial Trust Buiding.
Pittsburgh, Pa.: Chamber of Co~mmerce Buildin~g.
Portland, Oreg.: 215 Newr Post Otiice Building.
St. Louis, Mlo.: 506 Olive Street.
San Francisco. Calif.: 310 Custombouse.
Settle, Washl.: S~C3 Federanl Offce Building.











~Approvred Code No. 375


CODE OF FAIR COMPETITILION
FOR THE

ROOFING GR(1ANULE MAPNUIFACTU~~RINGrJ ANCJD
DISTRIBIUTINIG INVDUJSTRY

As ~Approved on Mar~ch 31, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE RoorI( ix o Games
MAI~NUFACTURING AND DISTRIBUTING INDUSTRY
An application having been duly made purs~unntt to and in full
compliance with the provisions of Title I of the National I~ndustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fa~Rir Cormnptition for t~he Roo~fingr Granule Manufacturing and Dis-
tributing Industry, and hearings having been duly held thereon and
the anne~xed report on said Code, containing findings with r~espcct
thereto, having been made and directed to the Presidlent:
NOWV, THEREFORE, on behalf of the President of the United
States, I, Hulgh S. Johnlson, ~Adminlistrator for Industrial Recovery,
pursuant. to authority- vested in me~ by Executive Ord~er~s of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code comlplies In all respects withn the
pertinent provisions and will promote the policy and purposes of said
Title of saidl Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved.
HUG~H S. JoRNuon,
Admzin/istrator for Industrial Recovery.
Approval recommended.
A. R. GLBwar,
Div~ision, Administzl~ rlator.
H'ASHINGTON, D.C.,
MIarch 31, 1934.
50360"---482-3---34 (11)











REPORT TO THEII PRESIDENT


The~ PRES~IDENT,
The Whit Ze Hioulse.
Sm~: Th~lisi is a r'epjor't on the C~ode of Fair Competiti( io n for the
Roofing Granuile Mnun~fac~turling: and Distr~ibutingi Ind~ustry, as re-
visedl after a pubrllic hlearing conducted in W~ashlington, D).C.,, on
D~ecember lo, 1933, in necorannllee wit~h the provisions of Title I of
thke N~ational Inldustria~l Recover~y Act..

:PLRO)\I~sINS AS TO HO~URS AND WAGES

Employees are not pcrmlitted to workt mlore thnn for~ty hours per
weekcl or eigrcht hours percl day~, except as othlerwnise prov,\ide.li
Ho~ur~ly limlitatfc~ion do nlot applyv to emloyl~!ees engagede~ inl chmcnicall
control, malnagers,~ excuc~tivet s or .suplerv\iso rs~. cl, wh rceiivec mnore than
thlirty-fiver dollars peri week; or to outside salesmnen or custodians of
closed pi nnts. :
Ho(urly limitations dor not ap~ply to employees e~ngagred in em~er-
gency work inv\olvingbr ercakdlowns or the protection of life or prop-
erty, provided one anndl one-hanlf times (the norm~nal r~ate is p~aid for
hours w!orkede in ecsess of for~ty per weeki or eilighIt per day.
To mneet peakl pr~oduc~tionl per~iods~i, empnloyees are pe~rmnitted. to
wvorkl fifty hursrr ini exceiss of their normal maximiiu mn during any
halif calEndar3 1 yTear, proviided one andi one-ha~lf times the normal rate
is paid for~l hour, workledl inl excess of forty per we~rek or eight per

atchme a1~Sllll~ r nnte prite to wror~k fifty-six hours per week.
The mximu hous permitted emplloyrees engaged~ in continuous
kil2n p~rocet~ sse are for~ty-eight peri week or nine anld one-half per day.
During thle absence of a schedule relief ror~ker, howreve~r, these emi-
ployee~s are p~elrmittedl to wsork~ eight. additionll~ hours per week pro-
vided~ the! w-oi~~~rk Iinours.- for any four-w~eek pieriodl d.o not exceed
o~ne hundred and ninety-two anld pr~ovidedl that onle andL one-hlalf
times ther normal rate is paidl for all hours wrorked inl excessj of the

Emlploye"si are not' permitted to, workl more than six day~s out, of
anyV sevenI.
Thle minimumllll hourly'1 rate for all employees. except offce and
sales employees, shall be thirty-sieven andl one-hlalf cents in the Nor~th
and thnirty-two~c and one-half cocnts in the Southl.
Office, service or sales employees shall r~ec~eive a mlinimumll r~at~e of
fifteen dollars per wreek exscept that office boy-s andl girls, niot. exccee-
ing fivec perienlt of an employers' total nulmbetr. may. be paid not less
thani eighty p)ErIcelt of theC mlinimumin.
Rcganrdless of whelither an employee is comlpensatedd on a time rate,
piece wrork'or other basis, a miniimumi rate of payv is e~stablished.
(12 >








Compensation of employees receiving more than the minimum
shall be equitably adjustedl and reported to the Code Author~ity but
mn no event shall rates of pay. be reduced.
Female employees performinllg substantially the samle ~work as male
employees shall receive the same rate of pay as male employees.
No one under sixteenl years of agEe shall be employed in thne inl-
dustry nor anyone under eighteen yea rs of age mn manu rfa<-turin I1Sor
mining operations.
ECONOMIIC EFFCTLS OF THE CODE

Since t~he industry product. is a buildlingr material, the present de-
mand is requir~edl for r~eplacemnents rather than for new rIesidtential
construction.
The for~ty-hour weekly maxim~uml provided by this Code will elimn-
inste the fifty-five and .sixty-houzr work weeks which pr~evailed~ in
1929. The flexibility w~hichl the Code permits is nlec~essary bzcaulse
eighty percent of the employees' work is done out of doors.
The majority of the Industr~y's employees are unlskilled lab~or~ers
who will be beneficiallyl affected by the hourly minimumll of thirty-
two and one-half cents in the Soulth. This will nor~e than restore
1929 equivalent earnings. The minimum hourly rate~ of thirty-seven
and one-half cents inl the North will praHctically restore 1929
equivalent wages.
FINDINGS

The Assistant Deputy~ Administrator in his final report to me on
said Code, having found as hereinl set for~thI and on the basis of all
the proceedings in thiis mantter';
I findl that:
(n) Saidi Codle is well dlesignedl to pr~omote the policies and purposes
of Title I of the National Indulstr~ial Recovery Act, including re-
mioval of obstructions to the free flow of interstate and foreign com-
merce which tendl to dimlinish the amount thereof and will provide
for the general we~lfalPhre bypromotng;1 the organization of industry
for the purpose of co~operative ac~tionl among the trade groups, by inl-
ducing and maintaining united actionl of labor and management
under adequate gover~nme~ntal sanctions and supervision, by eliminat-
ing unfair comlpetitive practices, by promoting the fullest possible
utilization of thle present productive capacity of industries, by avoid-
ing undue r~estric~tion of production exceptt as may be temporarily
rnlrequred), by inlrcrasing the consumption of industrial and atgricul-
tulral prnlroduct throulgh~ increasing purchasing pow~er, by reducing and
relievi ng u nem ploymnent, by improving standards of labor, and by
otherwise rehabilitating industry~.
(b) Saidl Indlustry~ normally employs not more t'hanl 50,000 em-
ployees; and is not. classified by me as a major industry.
(c) T~he Code as apprl) oved comIplies in all respects with the perti-
nent p~rovisions of saidl Title of said ~Act, including without limnita-
tion Sub~section (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that th~e applicants asso-
ciation is an industrial association truly r1epr~esentative of the afore-





14

said Indlustry\; and that said: association impgoses no inequitable
restrictions on admission t~o membership therein.
(d) The Codle is niot designed to and wTill not permit monopolies
or monopolistic pr-actices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not. operate to discriminate against them.
(f) Thiose engaged in other steps of the economic process hIave not
been deprived of the right, to b~e hcardl prior to approval of said
Code.
F~or these reasons, therefore, I have approved this C~ode.
Respect fully,
Henc S. JOHNSON,
Admi~zn is:rator.
1\fasm 31, 1934.












CODE OF FAIR CO1MPEI[TITION IFOIR THE ROOFING
GRANULE MANUFACTURING ANDTT DISTRI[BU TINYG
INDUSTRY

ARTICLE I[-PURPOSES~

To effectuate thle policies of Title I of th~fe National Industr~ial
Recovery Act, the! following provisions are established as the Code
of Fair Comp~etition for the Roofing G~ranule Manufacturing and
Distr~ibutingr Industry, and shall be the standard of fair competition
for this Indurt~ry, and~ sha~ll be bindin~ng up.on evry member t~hereof.

AnnersE I'I[--DEFINITIONS

SECTION 1. The term Industry r" as used herein includes the
mining, manufacturing, selling and/or distributing by a memnber of
the Indust~ry, of the products of the Rioofing Granule Mfanufacturing
Industry, as such products are herein defined.
rSECTION 2. The term employee as used herein includes all
persons engaged in the Industry, howrever compensatedl, except a,
member of the Industry.
SECTION ,3. The term "( employer '" as used herein includes anyone
in the Industry by whom any such employee is compensatedl or
employed.
SECTION 4. The term '" member of the Industry includes anyone
engaged in the Indust~ry as above defined, either as an emnploy!er or
on his own behalf.
SEC'TIONU .5. TIIEf trlH mLemlber of the Code as used herein
includes any member of the I~ndulstry who shall exnpressly signify
assent. to this Code.
SECTION 6. The term. products as used herein mleans a7nd in-
eludes all granules and.l'or fines used for roofing purposes, regardless
of methods of grindling, crushing, coloring, or otherw~ise preparing
slate, stone, qulartz. clay, or other base material of such granlules
and /or fines for roofing pu'rposes.
SECTION 7. The terml '"Association as used herein means th
Roofinga Gr~anule Mn~ilufactur ers Assiociation.
SEC=TION 8. The terHIS Pretsident ", "Act ", and "'Administra~tor "
as used herein shall mean, respectiv~ely, the President of the U~nited
States. Title I of the Nationni Industrial Recov~ery _Act, and the
Administrator for Industrial Rtecovery under said~ Act.
SECTION 9. The t~erm. Southern Section as us~ed herein mneans
the States of Alabamn, ~Ar~izona, Arkansas, Florida, Georg~ia, Louisi-
Va.na, Rf'ssissippi, New Mexico, South Carolina, Trennessee, Texas, and
VIrglIRi.
SECTION 10. The termn Northern Section as used her~eiln means
all of t~he states north and west of the states enumn~erated~ in cSection
9 hereof.
(15)







ARTICLE III-Hocus

SarmsCI 1. No emlployiees shall be1 permlit~tod to work in excess of
forty. (40.) hours- inl any1 w\eek, or eight hours in any~ twenlty-fouru
(24) hlour periodu, wvithi tlhe exceptions specifically provided in this
Article :
(n') Thle maxsimlum limlitations on hours and days in this Article
III .-hall1 noct apiply to emlployees e~ingaedl inl chemical control, execu-
tive~, manar~ger~ial or Supterv\isory workl who1 receiver comnpensation- ex-
coedcing thirity.-fiv.e (33) dollars per w~eek, or olutside salesmlen. Em-
p'layesc- engager d inl emer~lgecyIC work1 inv'olv'ing br~ealkdowTn s or the
Iprtcicction of life or property9 who mayv be permitted to w~or~k hours
In excess of thle maxnimulm p~rov~ided in Section 1, but in any suxch
spercial case at least on~e anld onle-hlalf (11,--3) times thle normal rateo
shall b~e paidi for hourls w\ork~ed in such excess.
(b) Emplloyees engaged solely as custodians at plants not

(c) Employees`CC e~l~ngage nA watchmcn shall be pecrmittedl to wor1k
a mlaximuntll of fifty'-six (50() hoursT inl any~ weekl.
(6)\ Empillrloyeesc engagedc in conrtinuous kiln-drlying andi kiin-burn-
iingY pro~c.Eis~e shaill be perm'iitte d to w-ork n~ot miore thani for~ty-eigrht
(48) hourii inl any week,'l~ or ninre andi one-half (91, ~) hours p~er day
exrcept thiat w~henl a scheduled relief worker is not avanilable, such
e~mployee- mayv be nprmitted- toork e~igh~ ~rt 1our'S inl eXCeSS of Su1ch
maxsiinium wTee'ly limit, prov-idedc thel ar1e paid at. least. one andi one-
half (11,) times~ their iormanl rate for sulchl extran hours andl that
suhll.l overtl'ime is repo!rted to the C'ode Au~thority and provided fur-
theri thant sulch iimplloyee shall not b~e perminlltte to w.or!i in excess
of ne unded nd iney-to (9)houlrs in any3 four--weeks

ieox9.() Dur~ing p~ei~crios of sensornal Ireqi remients employees

or eight h!our~ jin any2 twcnty;-forir (24) hour period. prov~idedl that
no enap~l lven s111hal e p~imtermite to w~orkl in ecsccs of fifty (50) hours;
of .covletimn e durringl either semil-anlnual p~eriodl, Januarv' 1st to June
30thl orI July 1st toi Dccember 31sti inclusive; andi provided further
thalt all suchl overtltinwi, above~- fortyl (40) hocurs per w~eek or eight
hours per any' ,he compilensated~ b at, least one anld one-hialf (11.*,)
times the I~~norml rante; and prov,\id~ed furtherr that all such overitimie
sh~all beC repornLted~ to, the Codcl Alut'hority' at thle expiration o~f each

..C;:cn.oN ;3. No emiployeri shall k~nowi;ngly permirit any employee
to w\orkl for o~ne or moure emplloyers in thiis Industry for a total
number1 of hiones or days~ eccditig t~he foregoin~g limiitations.
SeCrrowN 4. No emnploy-ec shalnl be permitted to w-ork; in excess of
six days- inl anyi e-venl dlay period."

AnrTICLE IY- V~AGES

SIeCTeno 1. No) (-mplloy'ee sh~all be paid- at less than the hourly
rate of.
(,?) Thirity-t wo~ and one-half (32.3~) cents per hour in the Southi-
ern beetion.







(b) Thir~tyq-seven and one-half (371/,) cents per hlour in the North-
ern Sjectionl.
SECT~ION 2~. NO Offece, clclrmal, ROCO~unting, Serv-ice Or sale.< crmplo3ee
91hall be pa;idl at less thian the mniiionuni rate of fifteen (15) dollars
per wFeek, except thnt office b~oys andt~ girls may be permnittedl to
Worke for nlt. less than e~ighty (Y80) percent of the abl.ove mrinimumln
wagle; p~rovided~, how\~everl, that thne total number of such empclo~yees
sha~ll not exsceed five, percent of' an empllloyer's total numbellrl of attiee
employrees; and( further pr11ovided that each emp~loyrcr shllnl be per-
mnittedl at least one suIch j]nmor~l employee.
SEC'TION ;3. This Article esttalfishes~ a minimum rate of pay r~egard-
less of whletherl an employee is c~omplensated on a timle rante, p~iece-
wTork, or mother baSIs.
SECTION 4. Equitablel adlju-tmelnt of comnpelnationfi of emplloyees
r~ecei vir ng ore than the mnininuanr l rates of pay heP~rejlin pre-cr'ibedI~
shall be madle by all employers who have not he~retoflorle mladec such
adjulstmlents, a1nd all empllloyers shall w~ithtinl sixty- (60i) days after
approval ofi this C'ode, or within such further time as may be! allowedr
by the Admlninistratoo r lreportl. in fuill to the Codie Auhorlt-lity conlcern-
ing such~ ad~jus~tments wheth-er mad~le prior to or subsequent to such
approva-'l, pr'ovided~c, however, that in no event shall hourly Inrate of
pay\ be reduced.c(~
S ECTION 5. Female emlolcyeess p-erform-ing the1 same wvorkr as male
emplloees shall7 reCLeive~ the samle rate of pay? as ma"le employees.
ARTIcL~E Tr- -ENERtA L Lanon Prn~\~ovsios

S~ECTION 1. No person under sixteen (16) years of age shl~l be
emloy~ced inr th~e Industry,- nor any-one uncter1 eighteenl (18) years~ of
age in ma7n ufac-turi~ng or mining opecrlt ionls. In any State an
employer shall be dleemled to havet compnlied with this provision if
he shn'll hrave oin file a certifiente dluly issued by the no~thiority emnpow-
er~ed tos i nle employm-nent certificaltes showing~ that the emnploytee is of
thle age Is required.
Scrox'~` I 2. Every em~ployer1 shall provide for the safety and hear~lthl
of his emploll-yees at the place and during the houjlrs of thecil -r employ-
mnent. Sjtandard~s for safety' andC h-ealth shall h~e submitted~ by the
Code Author~ity to th~e Admlinistrtrratorwithin isi moni-ths after the
effective date 01 this Codl~e.
SEC'TION 3. Emplloyees shall1 hve~ thle right to org~anize anrd bargain
collectively through repnrese~nt~tativ eso their,,, ow~n cong;,v an shall
b~e free fromi the, Iinterferenc~e. restrainit, or coercion of emiployersr of
labor, or thl~eir agents, in the designation of suich representatives or
in self-organ1 Iizatlion or in other concerltedl activities for th purC"pose3
of collective bargnining or other mutual aid or pr~ote~ction.
SECTIOS -1. N~~o eployee and no one seeking emiploymnent shall be
requ~iredl as a condition of employvment to join any company union,
or to refrain from olmngr organizing, or assistmgc a Inbor orgailniza-
tion of his own choosing.
SECTIO) N 5. Em~ployer~s shall comply with the maxuimuim hours of
labor, mIinimum rates of piay and other conditions of employment
approved or prescribed by th~e Pretsident.






SECTION 6. Within each) State this Code shall not supersede any
Federal or State laws imposing more stringent requirements on em-
ploy~ers regulating the age of employees, wages, hours of work, safety
or health, fire or general working conditions than under this Code.
S-ECTION 7. Emplloyers shall not reclassify employvees or duties of
occupations performed by employees or engage in any other subter-
fuge so as to defeat. the purposes of the Act or of this Code.
SECTION 8. Official copies of labor provisions of this Code shiall be
kept conspicuously posted at all times in each shop, establishment, or
separate unit, where easily necessible to all em-ployees.
SECTION 9. A person whose earning cap~acityv is limited because of
age or physienl or mnental handicap ma~y be employed on light work
at a wage belowr the miinimumi wnge establishedl by this Code if the
employers obtains from thle State authority designated by the United
States Departmlent of Labor a certificate authorizing his employ-
mnent at such wages as mnay be stated in the certificate. Suchi auth~or-
ity shall b~e guided by instructions of the United States Departmnent
of Labor in issumea certificates to such persons. Each employer
shall file with the eode Authorityg a list. of such persons employed
byhimi. Such employees shall not constitute more thanl five percent
ofany emnplover's total number of' plant employees.
SECTION 10. An employer shall make payment of all wages due in
lawful currency or by negotiable cheek therefore, payable on demand.
Wages shall be paid at. regular intervals. These wages shall be ex-
emnpt from a-ny payments for pensions, insurance, or sick benefits
other than those volunta.rily paid by t.he wage earners or those de-
ductions required by lawm. The employer or his agents shall accept
no rebates directly or indirectly on such wages nor give anything
of value or extend favors to any persons for the purpose of influenc-
ing rates of wages or thle working conditions of his employees.
SECTION 11. An employers shall so administer work inl his charge
as to pr~ovidle a maximum practicable continuity of employment for
his personnel.
ARTI CLE V I-AriDMI rNISTRATION

SECTION 1. To furtfher effectulate t~he policies of the Act, a Code
Authority is h~ereby const~ituited to cooperate with the Administrator
in the admiinistrat~ion of this Code.
SECIO 2. (a.) The Code Authority shall consist of five individ-
uals. In addition there may be not more than three members, with-
out vote aind without cost to the Industry, appointed by the
Administrator to serve for such periods as he may designate.
(b) If, in any\ case, by reason of conditions peculiar to the Indus-
try, selection byr t~he Industry of members of the Code Authority
representing t~he Indulstry is impossible, they may be appointed by
the President or his a.gent.
SECTION 3. All voting members of the Code Authority shall be
elec~tedl from the Industry in a fair and equitable manner subject to
the approval of the Adnlinistrator. The Association is hereby des-
ignated as the agenev to conduct such election. In order for any
election of the Codte Authority to be valid, it shall be necessary that
at least, twno-thirds of the members of the Code cast a vote at such
election.








SEcnoN 4. Thle Asscciation, 1 shall (1) impneei.- no ineqruitab~le ret-
strictio~ns on membershlip and (2) submit to th~e Ashninistenteti r true
copies of its articles of associlatiio (which~ also e-l-nntitutle its by-
laws), reulaltiolnq andl any nlllnelnalnts when madn~e thereto, together
wFithl SuIch other informantion as to membershfl'~l ip~, org~ani~zatioln, andi
activit~iecs as t he Admnin istto maycl deem3 t'ctnew li: nr~sly to eflfecrt uat: the
purposes of the Act.
SECTIOIN .5. In border tha~t the Codtc Aultl~;rity shall at all tI;ime he
truly represientative oif thre Inslltry ad inothr rf eTs oml
w~ithi the provi:io~ng of th~e Act, the Athlnitlnisrator ma1y pr'cVkile ceb.
hcar~ing~s a;; he maly deem~ proper''; andIc thereat'~ft( r if he shall find thatt
the C'od~e Aulthlority is notf truly Ic1creprevntative or dosc~ n1ot in other
respec~ts comp~ly: with thc prtovisions~r of theI Ac\(t. may1~ requllire an ap-
prop~riatte mnodifientionl in the method of celection of the ~~Code Au-
thor~ity; prov'~iled, that no such mnodificaztionl shall permit anyone~ll not
a mnemiber of thle PIndus~try to b~ecomeni a votiing miemberci of h Cd

Seenox(J 6. The~ Clode Au~ithor~ity myn alloplt its own~I by\-la~ws, reen~l-
lations aInd rules of pro-edu~re; it? may derlegate its authority to stueh
a~gencies or colminitte- as it mayn! selec:t.
SECTION 7. T114 00.1: 0 iAltfci'lSnt -Ihall be respons;~ibll e for~ all autho1-r-
izedt acts~ of its appo)inted. agerncies or ommnittees.
SiEcnc- x 8. WVith a view to keepingr the PreP-identl andI! thie member. of the Indu~stry ilforllm: d as to thle ob-etrva~ne or non-lob.;.er\-ancei of
the lCode!,:~ and a to wherth~er the memberslr of the TIndus~try a~l6,re taki
approplriate 'itep.<- to effecltuate the declared polilcyofteAtth
Codelt Au~thor,1ity .Fhall reporrt to the AdmlinilltratolIl(rl upnhis reques~-t
concer~ning condlit~io~ns in thc In~dusttryj andt each member of thec
Industry hall1 file w-ith the Ccode Aulthorlity. repor3ts with respect
to age~-s, hours o~f labor, c~oniitions of emiployme~rnt, numberI of
emp!loyees, andt other matters..
*4E{TION. D. Afemil~il.rs of(1 te 11111-;ffy' sl1011 Ie retldlile t0 pol-rr
ticiparte in andl sharee thec benefits of thie lc~tivities~ o-f the Colie
Authocrity- and: t~ par~ticipante in1 th~e selection of the!. members~~1' thereol~f
b~y expressly signifyring asselt to the Codte aIndl cutaining~ thc-ir
reasnabcnnle share o-f the~ expecnses of admi!inistration. 'The reasnabirlei!
share~l' of the( expensesc'c of admllinisfl;tirati shall be deltermined; by thze
Code Aultho~i;rit, sub:ject to, d'isapp~1roval\ by the Admllinist rator~, ont the
baslis of voclumei of business and other eqjuitable factors.
SEC:TION' 1(). X11 C'OniRdenltl-1 in~f~i-ml~filn Of RRYnaT u Wlll--hC\;li!
maly b.e requesc~ited- by the Code Aulthority shallI be collec.ted~ th~~rough
an agency selectedi by the Codte Aulthor'ity and sulch informalt io~n
shall be kept confidlelitial by the agec~clcy, ecsiept whenl Irequir~ed by
the Code Authflority for' the proper admlnistrati onl of the Codte,
andl with thle further exception that all uch~ information n shllt he
fully avai lable to t he Admni nistra~tori at all t imIes. Collusio~n by an~y
Industry m~emberl wTit~ any confidelntial agency of th~e C'ode Authorlil-
ityv shall constitute! a violation of this Code.
SECTION 11. The Codce Illit~lhority may hlear compllainltsi and at-
temipt to adjust t~he samne u~ndei~r sch rules andi regu;lations as mayn~
be prescribed by$ the AdmI~ini strator.
SEC ION 12. Nothing containedl in thiis Cod'e shall ~onistitute the
members of the Clode Auth~ority par~tners for anyf purpos~- e nor shall







any member of thle Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent, or emplloyee of
the. Codle Authority, nor shall any member of the Code Authority,
exercisinlg reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his ow~n willful misfeasance or nlon-feasance.
SECTION 13. Any interested party shall have the right of com-
plaint to the Ciode Authority and a prompt hearing and decision
thereon, under such rules and regulations as it shall prescribe, in
respect to any~ act of any agency designated by the Code Authorit~y
to act in its behalf.
SEcTION 14. Any interested party shall have thle right to appeal
to the Admninistrator, under such rules and regulations as he mnay
pr~escr~ibe, with respect to any decision, rule, regulation, order, or
findlingr made by the Code Authority.
SECTION 15. Inl addition to information required to be submitted
to the Code Authlority, all or any of the persons subject to this Code
shall fur~nisch such statistical information as the Administrator may
deem~ necessary for the purposes recitedl in Section 3 (a) of said
A4ct to such Government agencies as the Admninistrator mnay desig-
nate; nor shall anything in this Code, relieve any persons of any
existing obligation to furnish reports to Grovernmenlt agenexes.
SECTION 16. The Code Authority shall have the power to make
recommlendlations as to modification or amendment of this Code
to the Admlii ni s trat or, which modification or amnend ment shall
become effective as part of thiis Code upon approval by thee Admin-
ist.rator after such notice and hearing a~s he mnay specify.
SECTION 17. If the Administrator shall determine that any action
of the Code Authority or any agency thereof may be unfair or
unjust, or contrary to the public interest, the Administrator may
require that such action b~e suspended to afford an opportunity for
investigation of the merits of such action and fuirther consideration
byv such Code Authority or agency pending final action, which shall
not be effective unless t~he Admlninistrator approves or unless he shall
fail to dlisapprove after thirty (30) days' notice to him of intention
to pr~oceed with such action in its original or mrodified form.
ARTICLE VII--PUBLICIPY OF PRICES, TERMS, AND CONDITIONS OF SAIE

SECTION 1. Each member of t~he Industry shall within tenl (10)
days after th~e effective date hereof file with the Code1 Authlority
printed price lists showing current prices, discounts, terms~ of pay-
mient, freight allowances, etc., on all Industry pr'oducts and the
Ciode Authority shall immediately send copies thereof to all members
of the Indu~stry. Prices may' be revised from time to timle thereafter
by filing with the Code Authority copies of revisedl price lists. All
price lists shall become effective when filed with the Code Authority.
and shall b~e available to all interested parties. At t.he same timre
thlat, copies of price lists ar~e sent to the Code Au~thor~ityJ, each mem-
ber of the Industry shall mail copies of his price lists and revisions
thereof to all his customers.
SE~CTION 2. If at anytimne hereafter the Ad~cminlistrator shall give
his approval to tihe requirement that subs~equelt changes or revisions








of any price lists or terms or conditions of sale as provided in Section
1 hlereo~f shaull b~e filed~ a specific Per'io~ o-f time pr ior' to th e-ffective
date thlereof, thle C'ode Au~th~ority may33 provide that all chalnges in
such p~rice lists or termII S or cond11itions8 of sale or revision theretof
therecnfter flkdl shall b~e pulbishedr or filed~ five days prior to the
effect iv\e dia y of a ny\ such sublsequenllt t changes or rev\isio~n. SuLc~h prIce
lists or si!chedules and terms-ic and1: cocndlitionsi of .ale, and changlles or
Irevisions there~of as aforesa~id so filled, shall for the purpose of this
Code h~e Ilctreate :s th~e p~ublished~ p>rice lists or schedz~ules~ and terms
and~ condlitions of sale of fl Ithe member fEiling the same, andc shall be
a va ilab ile to, eachl member of the Indu s t ry 6 and after th11-e rffec~ ltive dt e
thlerCof to such~~ of the trade~ as to which the same may be applie~nble.
Thle C'odet Author~ity' shall promptly e~nuse a copyI' of all1 5such price
lists andi terms.E and( conditi~n-; of sale. a~nd all changes there~cin or
recvisions thre~rof. to be sent to ~ac~h membellr1 of the TI;:ductr'y. In the
even~lt thant nolv IndulistryS ]Iinember1 shall not; rIceive sult~cicint no-tic~e
of t.hle filingr by any o-ther Industry m~cllembe of chalnrges in su(-h other
mmber'sil' prices; or te~rns11 and! condritionsl of sale~ as~ will enable1 such
member!cl to, mleet sw:h.t Chanll":cs on th~e effective dlate thereof, such~l
muembrc l may;1 tile wvithi the Codre Aiuthority suchl change.<~~ in. such
mllltember's prices or termsln and? condr~itiolns of sale as mnay be requylired
to mee~tt thel cha~inrre filled hvT such. other membenlrl. Changesrc so filed
by su~ch m~l11embe shall become effecctive on the same date ats ther eff~ec-
tive da~te forl thet cha~:nges of uch1 other ilnembller firsti; filing~ as Ifor~e-
said~, or, if thlose s-bangsc shall hav-e alread'y become effFct~ive~. then
the chlangesi~ sub-equely~li filed as aforlrsild. shall brc.omet othet'civ~e

SEC110Nl :J. NO PI~ill er(l Of the Indtustry ,shall sell dirict~ly- or in-
directly anyr pr'od~c.t of the Inldustry at a lowvel price or at dliscoun~lts
greanter! or onl more farvorable terms of paymen:-it than those~ provi,\-lldc
in luis curretnt prlicce lists, failed in alrcco,~drdanc with the fo.lerequing

SEe_.lNe -I,~~1. Wh a mlr!llembe of the TIndustry'3 ofers to sell. and/lor
srellsi non~-indu~stryS and industry Ilrodnetsl~ togellther~ to the samie ens1-
to~rnr. he shahill quolltC_ andi~/or invoIII.~(ice .separte pr~iCes on industry and~
nonl-industryl`! p~'roduch't, an!! the C'mobllinelump sumP prceshllno
b~e less~ than7 theC sum of the urrenll'-It markeli~t pricesofteepre

SeemsTrj~ 5. No membei~r r of the Indusr!try :-hall1 give or a~ccep~t sel~crt
p~aylvlelit orI allowa-i ncl of I~~rebates, re~fundcs, or unernedllll~ li oulnts
wh~ether1 in! the form of nrooney~ or cotherwli-i e or exstend1 to cerltain pur-
chaserls spc~ia~l services or privileges not extendedt~ to all pur~chalse~rs.
AnuTcur: VTIIIIP-THADE PRxCTICES:

rSECT'IION i. NO member of the~ Indlustry shall grive, permiit to 'be
given, or dlir~etly offer to ~give, anthlinlg of value for the purpo~sec of
influenlcing or reward~-inr t he niotionl of any emnployee. agent, or r~epre-
sentativec of another1 i1 I~relationl to the business of th~e emplolrer of
such emplloyee, the prjincipl~n of suc~h agent or the reprieslente party,
without the knowledge of such emplIloyer, principal or par~ty. Comu-
relercial briberyv procvisions shlrl not be construed~ to, proh~libit free
and general disstributioni of noticles coiinuonly used for adlvertising







except so far as such articles are actually used for commercial bribery
as hereinabove defined.
SECTION 2. No member of the Industry shall engage. in any mis-
representation concerning industry products---direct or implied.
SECTION 3. No member of t~he Industry shall mak~e an invoice or
contract for indlustryr products which is a false record of a tranls-
action.
SECTION 4. No member of the Industry shall induce or attempt to
induce th~e cancellation of an orders for industry products or the
breach of a contract between a competitor andl his customer or
distributor.
SECTION 5. The following practices constitute: unfair methods of
competition for members of the Industry and are prohibited.
(a.) Defamationz..-The dlefamnation of a competitor by falsely im-
put~ing to himn dishonorable business conduct, inability to perform
contra~cts, questionable credit st.and~inga, or by other false r~epresenta-
t~ions regarding his business cond-uc~t, or by the false dispazragement
of the grade or quality of his goods.
(b) Threcnat of Litigartion.--The publishing or circularizing of
threats of suits for infringement. of patents or trade marks or of anyv
other legal proceedings not in good faith, wit~h t~he tendency or effect
of harassing competitors or intimidating their customers.
(c) ~Esp;ionage of Comn~petitore~j.-Se curing: confidential information
concerning the business of a comnpetit~or by' a false or misleading
dlfStatemlenloi t or presentation, by a false impersonation of one in
SECTION 6. Other U~fa~r' Practices.--Nothing in this Code shall
limit the effectt of anly adjudication by the Courts or holding by the
Federal Tra~de Commission onl complaint, finding, and order that any
practice or method is unfair, providing that such adljudication or
holding is niot inconsistent wit.h any provision of thle Act or of this
Code.
ARTICLE IX--GENERAL.

SECTION 1. No p~rovisionl of this Code shall be so applied as to
pernuit monopolies or monopolistle practices, or to elimiinate, oppress,
or discruninate agalinstt small enterprises.
SCECTION 2. Corporations shall be considered to be affiliated with
any' corplor~ate miemiber of the Industry~ (herein described as the
" parent corporation ") which own a majority of the outstanding
voting capital stock of the other. In the event of the provisions of
Article VII being observed by any such affiliated corporation of
such parent cor~poration, then the parent cor~por~ation need not com-
ply with the requir~ements of Art.icle V'II in respect t~o prices, terms,
and conditions of sale where such sales are mnade to such affiliated
corporation.
SECTION 3. Articles VII[ and XI shall not apply to products ex-
ported~ from the United Sjtates.
SEcTION ff Nothing conttined in this Code shall be construed as
prohibiting any~ members of the Industry from exercising all its law-
ful patent, rights, or as requiring: any member of the Industryy to do
any act in conflict w~ith thle terms of any valid patent licensing
agreement.







ARTICLE X-M'\oDFTFCA~TION

SECTION 1. This Codle and all th~e provisions thereof are expressly:
made subject to thle right o-f t~he Presient, in accordalnce, with thle
prov-isions of suibsection (b) of Sectionl 10 of thie Act~, fllrom time
to time to cancel or modify any order, approval, license, rule or
regulation issuedl under Title I of salid Act.
SECTION 2. Thiis Code! except as to prov~isio~ns requiredl by therc
Act, may~ be moiiclfedl on the basis of exp~eriencre or channges in cir-
cumstanices, suich mlodiictations to be based ulpon applicationll to the
Admninistrator anld suchl notice and hear~ing as he shall speccif, anld
to become effective on appr~ovnl of the Pres~id'ent.
SECTION 3. The provisions of this Codle shall remain\ in effect
unless anld until so miodlified or eliminated,! or un~tili the exp~iration o~f
the Act Innamely June 10, 1935~, or soonler if the Presid]ent shatll by
pl~rolamati~on or (congress b~y joint resolution d~eclare! thle emecrgenc~y
r~ecogrnized~ by~ SeCtionl 1, Title I of the ~c~t endeld.
Anicrrca XI-S-- ELLINGC I3ELOW CO:ST

S~EC'TIOiN i1. It shtil C.OHliilute a T~idat~ignl Of this Code flr anyr
mnemlberl of th~e Induslltry? to sell any induslltryJ prodcts~f at less than
hris nlcal~lowbl costs, ecccpt to meet the competition of another memil-
ber of the Indluitry.
SECTION 9. Alllowable~ costs shall include all direct labor cost,
direct rawin mante'iall cost (inc~lusiv'e of transl~piortationI and -Thriinkage)
andnl ~r'oportlionate shared of all indlircct expensets, inclu~ive of d~e-
preceintion andl depletio- n allowcanes comnputed neccordiing to income
taxS pr1OCedlulre; but allowrable costs shall noc:t ilc~ludie. :relurn on in-
vesited capital, interest; onl btorriow-edl enpitalf, deve\-lopmlc;lntacl exen-e,
selhing expense nor adnune-trat iv \e expeinse.

IAITICLE XII-S~ELLINGC BELCOW I2EASONABLrE COST

SiECTION in1. Ifh the~ Codec Author~ity determliinesjc flthat an emer-
giency exists in this Induirstry and tha~t the enusel- flyerleof is destr~ul-tive
price-cutting such as~ to r~end~er ineffecctive or seriously endang~er the
mal~inter nance of the pro~visions of this CodI~e, the Code Authorjity many
cause to~ ber deter~minled thle lowest reasocnablel~ cost of the prodlc~ts of
th~is Industry, su~~1ch dtermninatio nl to be subljec;t; to such notice aInd
hearings as th~e Admclinis~~tr aor,1 mayy require. The~ Adminisl~trato may
app'rovc, dlisappr~ov, or modify the determ~ni -n t ion. Thelreacnfter',
during thle per~iodl of thle emrgel~rtncy', it shall be an uLnfair intrade prac-
tice for any memnber of the Industry to sell or o~ffer' to sell alny
products of' the Indus~~try for which the low-est re~asoinable cost ha~s
been determinledl at sulch p-rices or upon' such termi~s or conditions of
sale thlat the b~uyerl will p~ay less thlere~for than thle lowest reasonable
cost of such products.
SECTIONU 2. \tllen it appears that. cond~itions havre chanrged, th~e
Code APuthlorityr, upon its owrn initiative or upont the r~equlest of any
interested party, shall enus~e the determination to be reviewed.




UNIVERSITY OF FLORIDA

l 1Ill I I I lllllllllllllllllllllI lII llIII I
24 3 1262 08486 8891

ARTICLE XIII PRuCE INGIREASEIS

SCECTION 1. Whereas the policy of the Act to increase real purchas-
ing p~ower will be made more difficult, of consummation if prices of
goods and services increase as rapidly as wages, it is recognized that
price increases except such as may be required to meet individual
cost shouldl be delayed. But when made such increases should, so
far as p~ossible, be limited to actual additional increases in the seller's
costs.
ARTICLE X~IV--EFFEC`TIVE DBrE ;

SECTION 1. This Code shall become effective on the second Monday '
after its approval byr the President. ,
Approved Clode No. 3'i5.
RegistrY No. 1036-i-05.