Code of fair competition for the robe and allied products industry as approved on January 16, 1934

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Title:
Code of fair competition for the robe and allied products industry as approved on January 16, 1934
Physical Description:
p.213-224 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Robes -- Law and legislation -- United States   ( lcsh )
Industries -- 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.211 ; Registry No.204-1-02".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004860874
oclc - 63654182
System ID:
AA00006529:00001

Full Text

I' _
For sale by the Superintendent of Documents, W'ashington, D.C. Price 5 cent


Approved Code No. 211


Registry No. 2041-1--02


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION



ROBE AND ALLIED

PRODUCTS INDUSTRY


AS APPROVED ON JANUARY 16, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934






















This publication is for sale by the Superintendent of Documents, Government
Printing Offlee, Washington, D.C., and by district offices of the Bureau of Foreign
and D~omestic Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
D~allas, Tex.: Chamber of Commerce Building.
Detroit, M\ic~h.: 8;01 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
K~ansas City, M~o.: 1028 Baltimore Avenue.
Los Angeles;, Calif.: 1163 South Broadway.
Louisiville, K~y.: 408 Federal Building.
MVemphis, Tenn.: 229 Federal Building.
Mhinneapolis, Mlinn.: 213 Fedleral Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734I Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadlelphia, Pa.: 422 Commereint Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
I i ~St. Louis, Mo.: 506 Olive Street.
B~i an Francisco, Calif.: 310 Custombouse.
i -Seattle, Wassh.; 800) Federal Office Building.











Approved Code No. 211


CODE OF FAIR COMPETITION
FOR THE:

ROBE ACND ALLED PRODUCTS INDUSTRY

As Approved on January 16, 1934



ORDER
~APPROVING CODE OF FAIR COMPETITION
FOR THE
ROBE AND ALLIED PRODUCTS INDUSTRY


An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the Nia~tional Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
F'air Competition for the Robe! and Allied Products Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
.madle and directed to the President:
NOW, THEREFORIE, on behalf of the President of th~e UInited
States, I, Hugh S. Johnson, Adminzistrator for Industrial Re~overy,
.pursuant to authority vested in me by Executive Orders of the Presi-
dLent, including Executive Orde~r No. 6543-A1, dated DecemrJber 30,
193;3, and otherwise; do hereby incorporate by reference said an-
nexzed report and do .find thaat said Code complies in all respects with
thie pertinent provisions and will promote the policy and purposes
of said Title of said Act; and do hereby order that said Code of
Fair Competition be and it is hereby approved.
]HUGH S. JOH-NSON,
Administrator for Industrial Recovery.
Approval Recommended:
A. D. WmTEBEE
Division Adm~in~istrator.
WTasmwico Now D.C., January 16, 1934d.


(213)


29281*---206--111--34













The PRESIDENT,
The White House.
BIR: This is a report of the Hearing on the Code of Fair Compe-
tition for the Robe and A~lliedl Products Industry, conducted .in
W~ashingaton on August 17, 1933, in accordance with the provisions
of the National Industrial Recovery Act.
PROVISIONS FOR HOUlRS AND WAGES

This Code limits the hours of labor for all employees, except
watchmen, outside salesmen, maintenance men, repair shop crews,
and persons employed in a supervisory capacity earning not less than
t~hirty-fivce dollars per week, to forty hours per weeki. Provision is
made that in ~the case of office employees and shipping crews the
employees shall not be held rigidly to forty hours prwe;drn
siixteen. wPeeks of the yearr they may be employed fo foty-igh
hours, provided that. during an entire calendar year the average
number of hours worked by such employees shall not be more than
forty hours per week. The industry is limited strictly to one shift.
The minimum wage provided is thl~irteen dollars per week for all
emplloy~ees except apprentices who shall earn at least seventy-five pcr-
cent of the miinimumi w~age and persons physically handicapped.
The employment of both types of workers is subject to strict
relu latiojn.
ECONOMIC: EFFECT OF THE CODE

So far as may be determiined by the meager statistics available for
this indlustry-, there is at present, if we discount the current slump,
little or nlo unemployment. Probably because of the vogue during
recent years for lounging ganrments the nurmber of workers inreasedi
from 6,918 in 1929 to 10,67i0 in 193I1, and it, is probable that the
number of workers now employed is greater than the number em-
ployed in 19;31. ALccording to the estimate of the Planning and
Research Division the forty-hour weeke will require a twenty percent
increase in employment to manint~ain production.
Practically no information regarding earnings is available, and in
consequence no estimate m~ay be madle of the effect of the thirteen-
dollar minimum on present earnings. This minimum wage will
afford some measure of protection for t~he lower gradles of employees
and, in certain portions of the industry, bring about perhaps a ma-
ter~ial increase in pay rolls. The most significant pay-roll increase,
however, will be attributable to the reduction in hours rather than
to any increase in wages whlich this Cocde may necessitate.
(214)






21_5


FINDINGS

The DepuyAdministrator in his ~final report to me on said Code
having found herein set forth and on the basis of all the p~roceed-
ingfs in this mater;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of TPitle I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of inlterlstate 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 the trade gruS101,5
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminatt-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (excpt as mnay be templlorarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by7 otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
playees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion. Subsectionl (a) of Section 3, Subsection (a) of Section 7, annd
Subsection (b) of Section. 10 thereof; and that t~he applicant asso-
ciation is an industrial association trul$ representative of the afore-
said Industry; and that the said association. imnposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or :monopolistic practices.
(e)TheCode is not designed to and will not eliminate small
enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reason the Code has been approved.
Respectfully,
HvouTc; S. JoHNSON
Adminiistrator.
JA~NUARY: 16, 1934.














FOR THE

ROBE AND) ALLIED PRODUCTS INDUSTRY

ARTICLE I--PLRPOSES

To effectuate the policies of Title I: of the National Industrial Re-
covery Act, the followinga provisions are established as a Code of
Fiair Competition for the Robe and Allied Products Industry, and
shall be the standard of fair competition for such industry andi shall
be binding upon every member thereof.
ARTICLE II ~EFINITIONS

1. The term "L industry as used herein includes the manufacture
of bath, lounging, and beach :robes, dressing gowns, lounge suits and
house coats and such other articles as may from time to time be
included under the provisions of this Code by the President after
such notice and hearing as he may pI-rescr~ibe.
2. Thein termn "' employee "' as ulsed7 herein includes anyone engaged
in the indlustry in any capacity r~eceiving comp~ensation for his serv-
Ices, irrespective of the nature or method of payment of such com-
pensation.
3. The term L"emnployer as used herein includes anyone by
whiom such employee is compensated or emplloyred.
4. The! term member of the industry includes anyone engaged
in the ind ust ry, eith~er as ma nu fact urer, subma~nu factu rer, or con-
tractor.
5. '1The terms "C President ", "Actf ", and "Administrator as used
.herein shall mean, respectively, the President of the U!nited States,
the Niational industrial Recovery Act, and the Adc-ministr~ator of Title
I: of said Act.
ARTICLE I1[ 11UglRS

1. Except as hereinafter provided no employee shall be permlitted
to work in exce~ss of forty (40) hours in any one week nor mnore
than eight (8) hours in any twenty-four (24) hour period.
2. No person employed ini clerical or office wiorks, or in shipping
departments, or stock rooms, unless he is employed in a. managerial,
superivisory,, or executive capacity and earns not less than thirty-five
dollars ($35.00) per w~eek, shall be permitted to wFork in excess
of forty (40) hours per wneek,! nor more than eight (8) hours in
any~ twenty-four (24) hour period, except that such employees may
be permitted to w~ork forty-eighlt (48) hours p~er w~eek during a
manximumi of sixteen weeks in any calendar year, provided that in
(216)


CODE OF FAIR COMPETITION






217


any calendar year the total number of hours worked by any such
employees shall not exceed an average of fortyT (40) hours per w~eeki.
3. NE~o watchman shall be permitted to work in excess of fifty-six
(5fi) hours in any one week.
4. The provisions of this article shall not apply to outside sales-
mzen or to maintenance mnen or repair shop crews.
5. No member of the industry shall operate any machine employed
in the~ industry on a schedule of more than one shift of forty (40)
hours inl any one week, except that for a limited time or times due
to an ~emergency arising through accident or similar cause, the Code
ACuthority may, upon the express approval of the Admninistrator,
and upon such conditions as he mlay prescribe, authorize the opera-
tionr of machines on a schedule of more than one shift of forty (40)
hours per weekr.
6. No employee, except such employees as are enulmerated in. See-
tions 2, and 4 of this Article, shall be permitted to work' more
than fivei (5) days in any seven (7) day period.
7. No member of the industry shall knowmngly engage any em-
ployee for any time which when totaled with that already per-
formed with another member or members of the industry exceeds
the mnaximum permitted herein1.
ARTICLE I-- AGslEs

1. Except as hereinafter provided, no employee shall be paid at
less than at the rate of thirteen ($13.00) dollars per week of forty
(40) hours o~r 321/2 cents per hour.
2. This Atcle establishes a minimum rate of pay which shall ap-
ply, irrespective of whether an employee is actually compensated on
a time-rate, piecework, or other basis.
8. Subject to review by the Code Authority and by the Administra-
tor, the weekly compensation for employees now in excess of mini-
mum wages herein provided shall not be reduced, notwithstanding
that thze hours of work: in any such employment may be hereby re-
duced to forty (40) hours per week and piece rates shall be so ad-
justed that the earnings at said piece rates shall at least be equivalent
to those obtaining under the longer hours heretofore prev-ailing.
4. Persons learning a~n occupation shall be paid not less than
seventy-five 1750/) percent of the minimum wage which prevails in
such occupation, provided that the number of such learners shall not
exceed Ifive (5%0) percent of the manufacturing employees of any onre
employer and that learners shall not be employed as such for a period
in excess of six (6) weeks, irrespective of whether they are employed
by one or more employers. _If the operation at which any learner is
engaged has a piecework rate and the amount earned at such rate
by such learner is more than seventy-five (75%/) percent of the mini-
mum wage which prevails in such occupation, such learner shall be
paid on a piece-rate basis.
5. A person whose earning capacity is limited because of age
or physical or mental handicap may~ be employed on light wlork: at
a wage below the minimum established by this Code if the employer






218


obtain fromna the Code Authority a certificate authorizing his em-
ployment. at such wages and for such hours as shall be stated in
the certificatte. The Code Authority shall be guided by the instruc-
tions of the UCnited States Depa~rtment of Labor in issuing certifi-
cates to sulch persons, and shall file with the Administrator a record
of all such certificates issued and such other information as the
Administ rator may require.
ARTICLE V--GEN'ERAL LABOR PROV'ISIONS

1. NJo person under sixteen (16) years of age shall be employed
in the industry.
2. Employees shall have the right to organize and bargain col-
lectively, through r~epres~entativ~es 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
in self-organization or in other concerted activities for the purpose
of collective bargaining or others mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from joinmng, orgalnizinga, or assist~ing a labor organization of his own
choosing.
4. Employers shall comply wvith~ the mlaximum hours of labor,
minimumn rates of pay, and ot her conditions of employment approved
or prescribed by the President,
5. No emrploy-er shall reclassify employees or duties of occupations
performed for the purpose of defeating the provisions of the Act
or of this Code.
6. All members of the industry shall provide for the safety and
health of their employees. Standards of safety and health shaUl be
submitted by the Code Authority to the Administrator within six
(6)~ months after the effective date of this Code.
7.No provision in this Code shall supersede any law within any
State: which imposes more stringent requirements on employers as
to age of employees, wages, hours of work, or as to safety, health,
or sanitary regulations, or insurance, or fire protection, or general
working conditions, than are imposed by this Clode.
8. All members of thie industry shall post complete copies of
Article III, IV, and V of this Code in conspicuous places accessible
to employees.
9. H-omce work is strictly prohibited.
10. N~o provision in this Article shall modiify established practices
or privileges as to vacation periods, leaves of absence, or temporary
absences from wor heretofore granted to office employees.
11. Any member of the industry who at. any time shall manufac-
ture any merchandise subject to the provisions of this Code shall be
bound by all the provisions of this C~ode as to all employees engaged
in whole or part of such mAnufacture. In case any employee shall
be engaged partly in such manufacture and partly in manufuncture
of goods of another character, this Code shall apply to each portion
of such emp;loyee' time as is applied to the manufacture of articles
subject to the provisions of this Code.





219


1~2. All manufacturers or jobbers who cause their mlerchlandise to
be~ made by contractors shall adhere to the payment of rates for such
production in an-am~ount sufficient to enable the conltracto~r to pay his
employees the wages provided in this Code and in addition a reason-
able payment to thie contractor to cover overhead.
ARrICian VI-AnnisurrmIerroxTIO

1. A4 Code Authority is hereby constituted to co~operalte with the
A~dmrinistrator in the ad~ministration of this Code.
2. Said Code Authority shall consist of nrot more than tw-elve (12)
members, to be selected in th~e manner hereinafter set forth:
(a) Seven ( 7) members shca~ll be appointed by the Robe Industry
Association of America, Ince., subject to the approval of the Board
of Directors of said Association and to the appr~oval of the Admrinis-
trator.
(b) ITw~o (2) members shall be elected by the contractors of thris
industry, subject to the approval of the Admrninistrator. Eac~h such
member shall be a recognized and bon~a fide conltractor and shall be
elected by a majority~ vote of all contractors inl the indu~stry. The
Admlinistrator shall supervised said election.
(c) In addition to the foregoing, the Administrator may appoint
nrot more than three (3) additional members to represent the Admin-
istrator or such other intecre~sts or groups as mxay be determined upon.
Should th~e Admlinistrlator appoint a memlber, or mlemlbers, to repre-
sent the Adrulinistrat~or, such member, or mnembenrs, shall serve w~ithl-
out expense to the industry.
8). Each trade or industrial association directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, andl (2) sub-
mit to the Admzinistrator true copies of its articles of associa-tion, by-
laws, regulations, and any amnendmnents when made thnereto, together
with such other information as to membership, organization, and
activities as the Admlinistra.o.r may deem necessary to effectuate the
purposes of the! Act
4. In order that the? Code Authority shall at all times be truly
representative of thze industry and in~ other respects comply with.
the provisions of the Act, the Admninistrator maay provide such
hearings as he may de~em proper; and thereafter if he shall find that
the. Codle Authority is not truly repr~esentat~ive or does not in other
respects comply with the provisions of the Act, may require an
appropriate modificatiojn in the method of selection of the Code
Authority.
5. OnlyT members of the industry assenting to this Code shall be
entitled to share the benefits of the activities of the Code Authority
as hlereins after set forth.
6. Nothii~ng; contained in this Code shall constitute the memnb ersorsal n
of the CoeAuthority partners for any purpose.Noshlan
member of the Code Authority be liable mn any manner to anyone
for any act of any other member, officer, agent, or emnployee of the
Code Authority. Nor shall any member of the Code Author~ity
be liable to anyone for any actionl or omission to act under the Code,
except for his willful misfeasance or nonfeasance.





220


7. The Code Authority shall have the following powers and duties
to the extent permitted by the Act, and subject to the right of the
Administrator on review to disapprove any action taken by the Code
Au thori ty.
(a) 'To adopt a constitution, bylawrs, and rules and regulations for
its procedure and for the administration and enforcement of this
Code, and to submit the same to the Administrator for his approval,
together with true copies of any amendments or additions when made
thereto, minutes of meetings when held, and such other informa-
tion as to its activities as the AQdministrator may require.
(b) To insure the execution of the provisions of this Code and to
provide for the compliance of the industry with the provisions of
the act.
(c) Tlo create such individual agencies as m~ay be deemed neces-
sary or desirable to assist in the administration of this Code.
(d) To obtain through a confidential agency from the members
of' the industry reports, statistics, and other information for the use
of th Code Authority and th Administrator inl the administration
and enforcement of this Code, and for the information of the Presi-
dent, an~d to give assistance to members of the industry in, improving
methods, or otherwise. Members of the industry shall furnish to
the Code ~Authority- such duly cer~tified reports as mayr be required
as aforesaid.
(e) To se~t up, with the approval of the AQdminist~rator, a uniform
cost accounting system for each division or subdivision of the indus-
try. Any member of the industry shall have the privilege of contin-
uing any cost system now in use or of instituting a new cost system
suitable and adapted to his particular needs, provided that the selling
price arrived at by the use of any such system shall not be less than
the cost of that particular article which would be arrived at by the
use of the uniform cost system recommendedd by the Code A authority,
and approved by the Administrator.
(f) To receive complaints of violations of this Code, makie investi-
gations thereof, pro-vide hearings thereon and adjust such complaints,
and bring to the attention of the proper authorities for prosecution,
recommendations and information relative to unadjusted violations.
(g) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein and to payT such trade associations and agencies the cost
thereof, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times he subject to and
comply with the provisions here~of.
()To coordinate thne adlministrattion of this Code with such other
Codes, if any, as may be related to the industry, or any subdivision
thereof, and to delegrat~e to anyr other administrative authority, with
the approval of the Aidministrator, such powers as will promote joint
and harmonious action upon matters of common interest.
(i) TCo secure an equitable and proportionate payment of th~e ex-
penlses of maintaining the Code Au~thority and its activities from
those members of the nd-ustry accepting the benefits of the activities
of the Code Authority or otherw-ise assenting to this Code.






221


(j") Tro establish or designate an agency on. planning and fair
practice which. shall cooperate with the Clode Author~itS in develop-
Ing fair trade practices and industrial planning, including the regu-
larization and stabilization of employment for the .indlustr~y.
(k) To initiate, consider, and make recomnmendations for the mod-
ification or amendment of this Code.
(1) To assist in the adjustment of disputes between members of
the industry.
(m) T~o study the subject of manu fac~turer-onrtractor relat ions and
to make from time to timae to the Admninistr~ator suchl recommendation
thereon as will cont ribute to the stability of manufac~turer-cont ractor
relations.
8. To assist in the administration and enforcement of this Code,
th Administrator may direct that the Code ~Authority establish a
JOINT INDUSTRIAL REELATI[ONS BOARtD consisting of an
equal number of representatives of employers and employees and an
imnpartial chairman elected by the members of the Boar~d, to investi-
grate all matters in the Code~ re1lating to hours, wages and general
labor provisions anrd to report their findings andl recommendations
to the Code Authority. The designated employee representatives
shall be truly representative of the employees in thiis industry and
shall be selected by suchr employees.
9. In1 addition to the information required to be submitted to the
Code Authlorit~y as set forth in this Article, there shall e furnished
to government agencies such statistical information as the Admiin-
istrator ma~y deeml necessary for the purposes recited in Section 3
(a) of the! National Industrial Recovery Act.
10. An appeal from any action by th~e Code Authiority aCffecting
the rights of any employer or employee in the inlusitry may be
taken to the Admt~inistrator.

ARTICLE VII-N.R(.A. LABE

1. Atll merchandise mlanufactured subject to the p~rovisions of
this Code shall bear an. N.IR.A.1label to symbolize to pur~ch asers of said
merchandise the conditions under which it has been. mnunrfactulred.
2. Under the pow~ers vested inl the Administrator b~y Exec~utive
Order of October 14, 1933, and under grant of the necessary authority
-by him, thle Code Authority shall have the exclusive r~igrht in this
industry to issue and sell said labels to the members ther~eof.
3. Each label shall bear a registration number especially assigned
to eachz member of the industry by thte Code Aluthority, and shall
remain attached to all suchr merchandise when sold to thre retail dis-
tribuitor.
4. Anlly and all members of th~e industry may apply to the Code
AuthorityI for a permit to purchase and use such N.R.A.L label, which
permit shLall bec granted to them, but only if and so long as they
comnply with this Code.
5. Subject to the approval of the! Admlinistr~ator, the Code Aux-
thority shall establish rules and regulations and appropriate
machinery for the issuance and sale of labels and the inspection,
examination, and supervision of thle practices of members of the
industry1 using such labels for the purposes of ascer~taiinin the right





222


of such members of the industry to the continued use of said labels;
of protecting purchasers in, relying on said labels; and of insuring
to each individual member of the industry that the symbolism of said
label will be maintained by virtue of compliance with the provisions
of this Code by all other members of the industry using said label.
6. The charge m~ade for such labels by the Code Aut~hority shall
at all times be subject to supervision and orders of the Administrator.
ARTICLE 7111- TRADE PRACTICE

S1_. The maximum terms of discounts on sales made by members of
the industry after January 29, 1934, shall be six, percent (6%) ten
(10) days, E.O.1M. on mnercha~ndise made for men anid boys, and eight
percent (8%0) ten days E.O.M. on merchandise made for women,
girls, and infants, anticipation to be permitted at the rate of six
percent (6%0) per annum. FEior this purpose, any shipment made
on or after the twentyr-fifth (25th) day of the month may be co~n-
sidered maade as of the first day of the following month. There
shall be no post dating except that as to any merchandise sold for
F'all consumption and shipped by a member during the months of
July or August, dating as of the~ following September first, but no
later, may be granted.
2. IM~embers of the industry shall sell all merchandise f~o.b. regular
point of shipment, except that merchandise may be sold delivery free
within a radius of) fifty (50) miles of any city, town, or village from
which shipment is regularly made.
In any instance where a member of the industry ships from a
warehouse located in a city, town, or village other than his :regular
point of shipment, such merchandise shall be sold upon either one of
the following alternative bases:
(a) At a discount lower than otherwise ordinarily charged by
an amount sufficient to repay to the member the transportation
charges on such merchandise between said regular point of ship-
ment and said warehouse. If a lowering of discount shall be in-
sufficient to wholly repay said transportation charges to the mem-
ber, any balance thereof remaining unpaid shall be charged to the
customer.
(b) ~At the regular discount but at a price higher than ordinarily
charged by an amount sufficient to repay to the mneber said trans-
portation charges between said points.
3. No gratuities to purchasers or prospective purchasers, or their
agents, of any nature whatsoever, shall be offered or paid by any
member of the industry directly or indirectly; nor shall any pur-
chasing, selling, or brokerage commission or compensation or gra-
tuity, of any nature whatsoever, be offered or paidl by any member
of the :industry, directly or indirectly, to any person, except a person
regularly employed on the sales staff of such member.
4. No member of the industry shall, directly or indirectly, enter
into any agreement, express or implied, to pay any rebate to anyone.
Commnencing as of February 1st, 1934, no member shall, dlirectlyv or
indirectly, pay any rebate to anyone, irrespective of the date of any
agreement to pay such rebate.






223


tCi. Nlio member of the industry shall. ship melrc`handise on consign-
ment or memorandum.
6. Merchandise covered by the provrisions of this Codet sold and
delivered by members of the industry in substantial compliance. with
an order or contract shall not be accepted b~y such mlemnbers for
reurn~. Nio mnemnber of the industry shall sell any merchandise on.
approval or with the privilege to return.
7. No member of th~e industry shall know~ingly withhold from~ or
insert irn any quotation or inzvoice anyy statemnlcrt that mnakes it
inaccurate in any material particular.
8. No member of the industry shalnl pay directly or indirectly any
part of the advertising expenses of anly purchaser, prospective pur-
chaser, or their agents; nor shall any member of thte industry di-
rectly or indirectly furnish either partly or wholly gratis to any
purchaser, prospective purchaser, or their agents any~ li~teraturle or
printed matter for redistribution or any pr~emiumsi (wFshether or not
in the form of mercha~ndise),_ except.;ng window cards, monograms,
jobbers' selling kits, newspaper cuts and mats.
9. No member of the industry shall publish adv-er~tising (whether
printed, radio, display, or of anly other nature) which is misleading
or inaccurate inl any material particular, nor shall any member in
any way misrepr~esenlt any merchandise (includlingr but without lim~i-
-t~ation its use, trade markr, grade, quality, quantity,~ origin, size, sub-
Sstance, character, nature, finish, material, content, or preparation) or
credit terms, values, policies, services, or the nature or form of the
business conducted.
10. No member of the industry shall brand or mark or pacrk any
merchandise in anyg manner which is intended to or does deceive
or mislead purchasers with respect to the branndl erade. quality,
quantity, origin, size, substance, character, nature, finisrh, material
content, or preparation of such merchandise.
11. N~o member of the: industry shall publish advertising which
refers inaccurately in any ma~terial particular to any competitors or
their merchandise, prices, values, credit terms, policies, or services.
12. No member of th~e industry shall publish or circulate un-
justifiedl or unwarranted threats of legal proc~eedings which tend
to or have t~he effect of harasssingr competitors or intimidating their
customers.
13. Nio member of the industry~ shall give, permit to be given, or
directly offers to giv-e anything of valule for the purpose of influencing
or regarding the action of any employee, agent, or representative
of another in relation to the business of the employer of such em-
ployee, the principal of suchn agent or the repr~esentedf party, without
the knowledge of such employer, principal, or party.
14. No member of the industry shall sell any mer~chandise subject
to the provisions of this Code at a price bjelow his own individua~ll cost
as computted by the uniform cost sys~tem provided in Article VI,
Section 7 (e) of this Code; provided, however, that a member~l of
the industry may sell at a price below hiis own individual cost in
order to meet the competition of another mnembler who is not himself
selling at a price below his own1 individuals cost. This rule shall not
applyr to bona fide seasonal clearance sales or to the sale of imperfect






224


or actually damaged or distressed merchandise; subject to the ap-
proval of the Administrator, the Code Authority may establish
regulations to grovern such sales.
ARTICLE 1Z--110DIFICATION

1. This Code and all thre provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsectionr (b) of Setction 10 of the National I~ndustrial
Recovery Act, from time~ to timne to cancel or modify any order,
approval, license, rule, or regulation issued under Title I: of said
Act and specifically, but without limitation, to the right of the Presi-
dent to cancel or modify his approval of this Code or any conditions
imposed by himn upon hris approval thereof.
2. Thiis Code, except as to provisions required by thle ALct, may be
modified on, the basis of experience! or changes in circumstances, such
modification to be based upon. application to the Administrator, and
such notice atnd hearing as he shall specify, and to become effective
on approval by the Administrator.
ARTICLE X--MONOPOLI~1s, ETo.

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to elimmnat~e, oppress, or discrinu-
nate against small enterprises.
ARTICLE ZLI RICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and serv-
ices increase as rapidly as wages, it is recognized that for the present
price increases should be delayed, but when made such increases
should, so far as possible, be limited to actual additional increases
in the seller's costs.

ARTICLE: XI-IIEFF1ECTIV DABT

This Code shall become effective on the second Mionday after
approval.
Approved Code No. 211.
Registry No. 204-1-02.







UNIVERSITY OF FLORIDA


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