Code of fair competition for the pottery supplies and backwall and radiant industries as approved on February 16, 1934

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Material Information

Title:
Code of fair competition for the pottery supplies and backwall and radiant industries as approved on February 16, 1934
Physical Description:
p.539-550 : ; 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:
Pottery -- Equipment and supplies -- 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:
"Approved Code No.284 ; Registry No.1016-65".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004856991
oclc - 63655022
System ID:
AA00006533:00001

Full Text




NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION


POTTERY SUPPLIES AND

BACKWTALL AND RADIANT

INDUSTRIES
AS APPROVED ON FEBRUARY 16, 1934


For sale by the Suprrintendent of Documents. Washington, DC.C Price 5 cents


Approved Code No. 284


Registry No. 1016--05


0


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
























This publication is for sale by the Superintendent of D~ocuments, Government
Printing Office, W~ashingtoln. D.O., and- by district offices of the Bureau of
Foreign and Domlestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5041 Post Office Building.
Birminghaml, mat.* 257 Federal Building.
Boston, Mass.: 18i01 Custombouse.
Buffalo, N. Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Buildling.
Chicago, Ill.: Buite 1706, 201 North WVells Street.
Cleveilud, Ohio: Chamber of c~ommerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit. Miich.: 801 First ~Ntional Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonv.ille, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
M~inneapolis, Minn.: 213 Federal Building.
Newv Orleanols, La.: Room 225--A, Customhouse.
New Yor~k, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh. Pa.: Chamb~er of Commnerce Buildling.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive street.
Ban Francisco, Calif.: 310 Customhouse.
Seattle, W'ash.: 800 Federal Ofic~e Building.













Approved Code No. 284


CODE OF FAIR COMPETITION
FOR THE

PO1ITTERY SUPPLIES AND BACKWAVV~LL ABND
]RADIANT IND)USTI~RIES

As Approved on February 16, 1934

ORD>ER

APrr~Norm CODE OF ]F'AIR COMPETITION FOR THE POTTER Y SUPPLIES A ND
BAC~KWALL ANJD RADIANTT INDlUsTRIES
An application having been duly made pursunnlt to anrd inl full
compliance with the provisions of Title I of the National. Indulstriall
Recovery IAct, approved Junte 16i, 1933, for alpproval of a Code of
Fair Competition for the Pottery. Supplies and Backcwall and Ra-
diant Industries, and hearings havmg been duly held the~reon and the
annexedl report on said Code, containing findings with respect
thereto, having been made and directed to the President.
NOW~I THIIEIREIFORE, on behalf of the 1Presidecnt of thte Unit~ed
States, i, Hugh S. Johnson, Administrator for Indust.rial Recovery,
pursuant to authority vested in mne by Exrecutiv~e Orders of thie Presi-
dent, including Executive Order No. 6M3S-A, dated D~ecemibr 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Codet complies in all respects with. the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fair Compe-
tition be and it is hereby approved.
HJUGH S. JOHNSON,
Ad 7in istr~ator for In~dusjtrial Reco verYc.
Approval Reconmmended:
GrEO. L. BERRY,
Division Adm~inistrator.
WBAsmworow, D.C.,
February 16, 1934.
40872 *---370--83---34 (539)












REPORT TO THE PRESIDENT


The PRESIDENT,
Th~e Wh'ite Hourse.
Sma: A Public Hearing on the Code of Fair Competition for the
Pottery Supplies Industry, submitted by a Code Committee! repre-
sentingo 70 percent of said Industry was held in Washington on the
20th of November, 1933, in accordance with the provisions of the
National Indlustr~ial Recovery Ac5~t.
Sulbsequlently,1 a Cocde Commiittee representing approximately 90
percent of the Bache\-ll and Radiant Indust ry petitioned the Admin-
istraitioni to bring that Industry under the provisions of the Code for
the Poottery Sup~plie~s Indus~tryS by incorporlating members of their
Industry as co-pr~oponents of the saidl Code. A Public Hearing was
held on January 22, 1934 for the Ipurpose of bringing about the above
change. and incorporating in the Code for the Pottery Supplies In-
dustry certainly pr~ovisions necessary for the government, of the Back-
wall and Radinnt Industry. The nam-e of the Code has now been
chanlgedl to Code of Fair Competition for the Pottery Supplies and
Backn-ll and Radiant Industries.
Mrfi. H. S. HRussell of the Louthan Manuifacturing Company of East;
Liverpool, Ohio is Ch~airman of the Code Commnittees of both
Indlustries.
Thle maximum hours permitted under this Code are 40 per week.
Exc~eptedl from these m~aximuml hours are kiin loaders and clay
makler~s who may work 50 hours per week, with time and one-third for
all hfourls over 40 per w~eek; also excepted are watchmen who may
~or~k 42 hours per week wcheni averaged over a period of two weeks;
also excepted are kiln firemen and engineers, the former of whom
may w\ork 48 hours per week and rthe latter 56 hours per week, pro-
vided,. that theyv are paid time and one-third for all hours worked
per week in excess of 40.
The minimum w~age is 40$ per hour ~for males and 32e per hour for
females. Clerical employees are to be paid $16.00 per week of 40
hours. WVhere female, employees perform substantially the same
work as males they shall receive the same rate of pay as male
employees.
There are 5 estab~lishmnents engaged in the Pottery Supplies Indus-
try with an estimated invested capital of $630,000. Sales in this
Indu-tryl) declined $250,000 fronrr 1929 to 1933.
There are also 5 establishments engaged in the Backwall and
1Radiant Indlustry with an estimated invested capital of $800,000.
Sales in this Industry declin~ed from $1,200,000 in 1929 to $350,000
in 1933.
Th-ere hnas been. a decline in the price of the products of both of
these inldu'stries and thiis decline is reflected in the-sales. Products
of the Polttery Supplies Industryl are used by the manufacturers
(540)





541


of pottery and chinaware and those of thec Backw~all anrd Radiant
Industry are used by the manufacturers~ of stores, furnaces and other
heatings devices.
T'he nlumber of employees in the Pottery'i Sples Int dushtr ude-
clined from. 200 in 1929 to 135 in 1933.Itiesimtdhtunr
thze provisions of the Code empllloy-ment for 30 additional wage
earners w7Cill be provided. Th~fis will be an increase of 22%L~. The
increase in the annual payroll is estimated to be 40%.
In. 1929 the Back-wall and Radiant Indcustry had 380 employees
hich. had declined to 220 in 1933. The Code will provide emnploy-
ment for 60 additional wage earners, an increase of 270/. The
increase in the annual payroll is estimanted to be 38%.

FIND)INGS

Thle Deputy Admninistrator in his final report to me on saidl Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I: find that:
(a) Said Code is well dresignedl to promote the policies and pur-
poses of Ti~tle I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of inter~state and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the ge~nera-l welfare byV promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining ulnit~ed action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production. (except as may be tem-
porarily required), by increasing the consumption of inlduitr~ial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemuployment, by improving standards of
labor, and by otherwise rehabilitating nuty
(b) Said Industry normally employus t mre hn 000 m
pyees; and is not classified by me as a major industry.
(c%) The Code as approved complies in all respects with the
pertinent provisions of said Title of said ~Act, including without
limitation S~ubsection (a) of Section 3, Sulbsection (a) of Section
7, and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforesaid Industry; and that said Association imposes no mnequitable
restrictions on admission to mnemlbership th~erein.
(d) The Code isn not, designedl to and will not permit monopolies
or monopolistic practices.
(e) The Code Is not designed to and will not eliminate or oppress
small enterprises and will not operate- to d~iscriminate against then.
(f) Those en3gage~d in other steps of the economic process have
not been deprived of thne right to be heard prior to approval of
sa~id. Code.
This Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. 'From evidence





542

adduce during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable
solution for this industry and for these reasons this Code has been
approved.
Respect fully,
HUGH S. JorNson,u
A dm inistria~tor.
FERBUARY li, 1934.












COD)E OFi FAIR COMPETITION FiOR THIE POTT3IEIRYZ SUP-
PLIE]S AND BACKWAV~lLT~LAND RADIAl~NT INDU~STCRIES

ARTICLE I -PURPOSIES

TIo effectuate the policies of TCitle I of thie National Industrial
Recovery Act, this C~ode is established as-a Code of Fair Competi-
tion for the Potte~ry Supplies and Backwall and Radiant Industries,
and its provisions shall be the standards of fair competition for such
industries and shall be binding upon every member thereof.
ARTICLE II-DEFINrITIONS

1. T~he terml "Porttery Supplies Indiustry as used herein is defined
to mean all the articles manufactured from clar which are u~sedt in
the processing of pottery, viz: Pins, Stilts, Spurs, Saddles, Thlinablles,
Saggers, Bats, Props, and articles of a like nature.
2. Thne term "' Backwall and Radiant Industry "' as zisedc her1ein is
defined to mean all of the articles manufactured from clay which
are used in the manufacture of Heating Stoves, Furnaces and like
equipment, viz: Backwalls, Rtadiants, Baffiles and articles of a likre
nature.
3. The term member of these industries includes, but without
limlitation, any individual, partnership, association, corporation or
oth-er form of enterprise engraged in these industries, either as an
employers or on his or its own beh~alf.
4. TIhe term "L employee as used herein includes any and all per-
sons engaged in these! industries, 'howev-er comnpensntedl, except a
member of these industries.
5. The terms "LAct and "ALdministrator as used hlerein1 mean re-
spectively Title I of the National Industr~ial Recove~ry Act, and the
Administrator for I~ndustrial Recovery.
ARTICLE III--H0URS

1. No employee shall be permitted to work in ex"s of forty (40)
hours in any one wreek nor more than eight (8) hours in any one day,
except as herein otherwise provided :
(a) Emln~oyees engaged in the loading of hrilns and making of
clay may work not in excess of fifty (50) hours per week or ten (10)
hours ini any t-wenrty-four (24) hour period, provided, that time and
one-third shall be paid for all hours worked by any. such emnployee
in excess of forty (40) hours per wPeek
2. Watchmen may be employed in pairs and shall work thirty-six
(36) and forty-eight hours on alternate weeks, or not more than
forty-two (42) hours per week averaged over any period of twco (2)
wpeeks.
(543)





5~4


3). Thie miaximium hours fixed in Sectionl 1 shall not apply to anS
employee on emiergeniicy repair w~ork involving breakdowns or pro-
tection of life or ~r~operty, but in any such special case at least
one and one-thirdc times his Ioniorl rate shall be paid for all hours
worked inl exce~s of the miaximum hours her~ein pr~ovided.
4. Thle above provisions shall not apply to employees engaged in a
mlanager~ial, supervisory or executive capacity who receive over
th~irty-five dollars ($35.00) per weekr.
5. K~iln fir~emenn miay be permiitted to wor~k not. mlore than fort~y-
eight (48) hours per week, andl engineerss miay be permiiitted to
w~orkr not more than fifty-six (56) hours~ per w'eek, provided, howv-
ever, that time and one-th~ird shall be paidl for all hours worked in
excess of forty~ (40) hours per week.
6. Nlo empllloyere shall be permitted to worrk for a total number
of ho~ur~s inl excess of the hours prescribed, whetherl he be employed
by one or mo~lre emlployers.
ARTICLE IV-ETAGES

"1. No manle employee shall be paidl less than for~ty cents (404)
per hour andl no female employee shall be paid lessc th~an thlir~ty-two
cents (32() per hour! provided, however, that female employees
performllilgr ublbstantially the samne worlk as male employees shall
receive thle same r~ate of pay.
2. No cler~ical or office emiployee shall be paid at a rate of less
than sixteen dollars ($16.00) per week of forty (40) hours.
3. This Article establishes a minimumn rate of pay regardless of
whether an employee is compensated on a time-r~ate, piece-w-ork
performance or other basis.
4. It is the police of members of these industries to refrain fromt
redlucinig the. rate of compensation for employment, which rate was
prior to Julne 16, 1933, in excess of the mninimnum wage rate herein
se~t forth, no~t withstandcing that the hours of wvork in such employ-
ment may be red-uced, and unless since such dlate such adjustments
have been mlade,, all members of these industries shall endeavor to
inicrease thle pay of all employees inl excess of the miinimum wage
herein set forth by an equitable adjustment. of all pay schedules.
5. Wages shall be paidl only in cash or by negotiable check of
evetn date at intferv\Als of no0t more than sixteen (16) dayls to cover
t~heF workr donP in thP npreceding3 wrork period. These wages shall
be exempt fr~om anly paymnenlts for pensions, insurance or sick benefits
other than those voluntarily paid by the wage earner or required by
lawF. No employer shall withholdl wages without the consent of
the em iloy~ee.

ARTICLE V--GENERBi. LABOR PRO\'ISIONs

1. No person under sixteen (16) ~vears of age shall be employed
in these industries. No person 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 thie Admlinistrator a list of such operations or oca upations. In
any State an employer shall be deemed to have complied with this





545


provision as to age if he shall have on file a certificate or permit
duly signed by the Author~ity in such State. empowered to Issue
emnploymlent or agre certificates or permits showainga that thre emlploy'ee
is of the r~equir~ed age.
2. In comlplianlce wlith Sectionl 7 (a) of the Act it is provided:
(a). That. empl~loyees shal have. t~he right to organrize. andc bargain
collectively thlroughl representatives of their own choosing, and shall
be free from the interference, restraint or coercoion of employers of
labor, or their agents, inl the designation of .suchi represenltativ-es or
in self-organization or in other concerted activities -for the purpose
of collective bargaining or other mutual aid or protection.
(b) That no employee andl no one seeking~ employment shall be
required as a conditions of employm!ent to join any company umion
or to reframn from loining, organizing or assisting a labor org~aniza-
tion of his ow\in choosing, and
(c) That employers sihall co~mply with the mla ximuml hours of
labor, minimum rates of pay, and other conlditionls of employment,
approved or p~recribed by the Pr~esident.
3. N~o provision in this Code shall super~sede any law, State or
Federal, which imposes on employers mnore str~ingent requir~ements
as to age of emnployvees, wages, hours of work, safety~, health, sanitary
or ge~neral working conditions, than are imposed by this Cod~e.
4. No emlploy~er shall contract his workl to any person except when.
suchr person is subject to the pr~ovisions of this Code or another code
adopted for the industry in which. such person is enlgagred.
5. No employer shall r~eclassify employees or duties of occupa-
tions rperformedJ or e~ngagerr in ~ny other sublter~fugt e for the purpose
of defeating the purposes or provisions of the Act or of this Code.
6. If any employer of labor in these industries is also an emlployer
of labor in any other industry, the provisions of this Code shall
apply to and affect only that part of his business covered by this
C~ode.
7 Every eployer shall make reasonable provisions for the
safety and health of his employees at the place and dluring the
hours of their employmentt.
8s. Each employer shall post and keep posted completed copies of
this C'ode in consp~ic~uous places accessible ~to all employees.
ARTIICLE VI---ADMINISTRATION

ORGA N ZATION AND CONSTITUTION

1. A Code Aulthority is hereby established to cooperate with the
Administrator in the administration of this Code and shall consist
of five (5) members to be chosenr by th Potte~ry~ Supplies Ind~ustr~y
and five (5) members to b~e chlosen by thle Backall andc ]Radiant
Industry, through a fair mlet~hod of selection approved by the Atld-
ministrator. The Admninist~rator int his discretio may appoint nrot
more than three (3) additional members w~ithnout vote, and writhout
compensation from these industries, to serve for such period of
timle and to represent the Admlinistr~ator or such group or groups
as he may designate.





546


f2. In order that the Code Authorit9 shall at all times be truly
representative of these industries and mn other respects comply with
the pr1ovisions of the Act, the Administrator mlay prescribe such
hear~ings as he mlay deem proper; and thereafter if he shall find that
the ode uthoityis not truly representative or does not in other

action as he may deem necessary under the circumstances.
3. Members of the Industries shall be entitled to participate in
and share th~e benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and compiling withl the requirements of this Code and sustaining
their r~easonable share of the expenses of its administration. Such
reasonable shiare of the expenses of admiinistration shall be deter-
mine bythe Code Authorityr, subject to review by the Administra-
to, ne the basis of volume of business and,'or such other factors
as maly be dleemed equitable.
4. Nothing contained in, this Code shall constitute the members
of the Code Authority partners for any purpose. N~or shall any
member of the Code Authority be liable in any manner to anyone
for any act of anly other member, officer, agent or employee of the
Code Aulthor~ity. NTor shall any member of the Code Authorit~y,
exer~cising reasonable diligence mn the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own willful mis-feasance or non-feasance.
POWERS AND .DUTIES

5. Th-e Code Author~ity shall have the following further powers
and duties:
(a) To admininstterthe provisions of this Code, provide for the
complliannce of these industries with the provisions of the Act, and
to propose amendments, exceptions and,/or modlificaltions, which,
whlen approved by the Admninistrator after such notice and hearing
as he may sp'ecify', shall become a part. of this Clode and hlave the
samle force and effect as any other provision hereof.
(b) To adopt by-laws and rules and regulations for its pro-
cedure and for the administration and enforcement of the Code.
(c) To obtain from members of these industries such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and re-
ports as the .Admninistrator may deem necessary for the purposes
recited in Se~ction 3 (a) of the Act, which information and reports
shall be submitted by1 members to such administrative and/or govern-
ment agencies as the Admlinistrator may designate; provided that
.noth ing rin this Code shall relieve any member of these industries of
any existing obligations to furn'ish reports to any government
agency. No Individual reports shall be disclosed to any other mem-
ber of these industries or any other party except to such governmental
agenezies as. may be directed by the Aidmmnistrator.
(d) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if an~y, as may be relatted to these industries.





547


(e) To cooperate within the Admninistrator in regulating the use of
any N.R.A. insignia solely by those members of these industries who21
have assented to, and are3 complying wvith, this Code.
(f) To secure from members of these industries who assent to this
Code and/or participate in the activities of the Code Authority such
proportionate payment of the reasonable expenses of maintaining
the Code Authority~ as may be dletermnined~ by the Code Aiuthnority
and approv~ed by the A8dm~inistrator.
6. If theC Admlinistr~tor' shall de~termine that any such action of a
code authority or anyg agency thereof may be unfair or unjust or con-
trary to the public interest, the .Administrator may require thalt such
action be suspended to afford an opportunity for invesrtigation of the
merits of such action and further consideration by sulch code author-
ity or agency pending fial action which shall not be effective unless
the Administ~ator approves or unless he shall fail to disappr~ove after
thirty (30) dlays' notice to him of intenitio~n to pr~oceedl with sulch
action in its original or modified form.
AtRTICLE TTII--TRaDE fRnACTICE8 FOR BOTH INDUS~TIUES

The commission by any membelsr of these industries of any of the
acts prohibited by this article shall constitute anz unfair method of
competition and a violation of this Code.
1. No memlber of these ind-ustries shall brand or mark or pack
any goods in any manner w~hichI is intended to or does dleceive or
mislead purchasers with respect to the brand, grrade, quality, quan-
tity, orign, size, substance, character, nature, finish, material, contetlt
or preparation of such goods.
2. No member of these industries shall make or cause or know-
ingly permit to be made or published~ any false, materially~ inaccurate,
or deceptive statement by way of advertisement or otherwise, whether
concern th grdequaity quantity, substance, character, nature,
origin, size, finish or preparation of any product of these industries,
or the credit terms, values, policies or services of any member of
these industries, or othlerwise, having the tendency or capacity to
mslead or deceive customers or p~rospective customers.
3. No member of thepse industries shall give, permit to be given,
or -directly offer to give, anything of valuefo the purpose o n
fluencingr or rew-arding the action of any employee, agent or rep-
resentative of another in relation to the business of the employer of
such emnployree, the pr-incipal of such agrenlt, or the represented pa.rty3,
without th'e knowledge. of uchl employer, principal or party. Com-
mercial bribery provisions shall not be construed to prohibit free
and general dsribution oaf articles commonly used for advertising
except so far as such articles are actually ulsedl for commercial
bribery as herein defined.
4. No member of these industries shall attempt, to induce, the
breach of an existing contract. between a competitor and his custo-
muer or source of supply; nor shall any such member interfere with
or obstruct the performance of such contractual duties or services.
5. No member of thse industries shall secretly offer or make any
payment or allowance of a rebate, refund, commission, credlit,
unearned discount or excess allowance, whether in the form of money





548


or otherwise, nor shall any member of these industries secretly offer
or extend to any customer any special service or privilege not
extended to all customers of the same class, for the purpose of
influencing a sale.
6. No member of these industries shall offer or give prizes, pre-
m~iumns, or gifts in connection with the sale of products, or as an
induicement th-ereto, by any scheme which involves lottery, misrep-
rIesentation or fraud, provided nothing contained herein shall be con-
str~ued to alter in any wayn~ the provisions of Section 3 of this Article.
7. No memnber of these industries shall cause the defamation of
competitors by falsely imputing to them dishonorable conduct, in-
ability to perform contracts, questionable credit standing, or by
other false. repr~eseitaltion or by the false dlisparagemlent of the grade
or quality of their goods.
8. No mlember obf these industries shall publish or circulate un-
justified or unw~arranted threats of legal proceedings which tend to
or h~ave the effect of harassing competitors or intimidating their cus-
tomers. Failure to prosecute in due course shall be evidence that
any such threat is unwarrantd or u nj justified.
9. No member of these industries shall secure confidential informa-
tion concerning the business of a competitor b~y false or misleading
statemnent or representation, or by a false impersonation of one in
authority, or by bribery, or by any other unfair method.
10. No member of these industries shall knowingly withlholdl from
or insert in anly quotation or invoice, any statement, that makes it
insecurate in any material particular.
11. No member of these industries shall deliver qluotationls which
do not include freight and package charges.
12. Nothing in this Code shall limit the effect of any adjudication
by the Courts or holding by the F'ederal Trade Commission on com-
plaint, finding and order, that any practice or method is unfair, pro-
viding that such adjudication or holding is not inconsistent with any
provision of the Act or of this Code.
ADDITIONAL, TRADE PRACTICES APPLYINrG ONLY TIO THE BACKWALL AND
RADIANT INDUSTRY
13. ~No member of the Backwall and Radiant Industry shall ship
goods on consignment except under bona fide contract or order.
14. Nro member of the Backrwall anrd Radiant Industry when fur-
nishling~ dies, patterns, molds or tools necessary for production of
special~ shapes shall charge less than his individual cost for such
equipment.
15. NJo member of t~he Backwall and Radiant Industry shall quote
term of sale more favorable! than two percent (2%6), ten (10) days
or thirty~ (30) days net from, date of invoice, except to such customers
whoonaccount of their accounting systems prefer to pay twice
mIontl oroc othly, in which case th~e two percent (2 ) may
be deducted if paid not later than the tenth (10th) day of the follow-
ing m~onth.
ARTICLE V'II1---BALES PROVISIONS
1. The Code Authority shall prescribe an adequate method for
cost finding,'capable of uniform application within these industries





549


which thirty (30) days after its approval1 by thie A9dministr~ator,
shall be used by all members of these indcustr~ies as a basis for deter-
mining individual cost, and there after no, memiber of these jindustries
shall sell suchi products below his individua;-l cost as de'termllined by
thle use of such cos5t finding method, except as hereinafter provided.
2. Any member of these industries may~ dispose of products whlic~h
are known as seconds, close-out nothersrcl and sample stocksi below
cost, provided he first submrits to the Cod~e Aut~hority by registered
mail a descriptive list of such pro~ducts, together with quantities and
prices at which they~ will be o~fferedtc for sale, and the price so Inamled
shall not be reduced unless and until such member files rev~\ised~ pic~e
lists wFith the Code Auth~ority. Ther~eafter, upon the sale o-f such
products, suchn memlbers shall immediately no~t ify the Code Authotrity
adv\ising; the nlame and address of thne buyer.
3. Any' member of these industr~ies, in o~derr to meet bona fide comI1-
petition in any specific instance, m~ay sell the products of these indul~s-
tries at a price not less than the lowest compl~etinga cost of comparnl!a~ble
itemr~s.
4. When such cost finding mnethod shall have been adlop~ted as pre-
seribed above and it appears to the Code Author~ityg that a member
of the industry is selling his products in violation of this article, it
may require such member to furnish complete informna t ion rel at ing to
his cost, which shall be verified by a certified, registered, charter~ed
or any other lawful practitioner of public ac co un ta ncey. All such
data anld statistics shall be and remain confidential as between the
member submitting the same, the Code Authority and the A~dmin-
istrator or his duly appointed representative, dependinlg uponl the
necessities in each case.
ARTICLE IX -MODIIFICATI~ON
1. This Code and all the provisions thereof are expr~essly made
subject to the right of the President, in accordance with the provi-
sions of Subsection (b) of Section 10 of T~itle I of the Act, from
time to time to cancel or modify anyJ order, alpprov'al, license, rule
or regulation issued under this At5ct.
2. Thiis Code, except as to provisions required by the Act, may be
modified or amended onl the basis of experience or changes in cir-
cumstances, such modifications or amendments to be based upon
application to the Adlministrator and such notice. and hearing as he
shall specify, and to become effective on approval of the Pr~eside~nt,
unless othlerwise provided.
AnaRanCI X-M-~ON'OPOLES, ETC.
1. No provision of this Code shall be so applied as to permit,
mohopolie~s or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
ARTICLES 11-- RICE INCREASES
1. W~hereas5 the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognizedl that price





550

~increases exncept such as mayr be required to meet individual cost
should be delayed, but when made such increases should, so far as
possible, be Ilinted to actual additional increases in the seller's costs.
ARTICLE XIITT-EFFECTIll DATE
This Code shall become effective on the tenth day after its
approval by thze President.
.App~rovedl Code No. 2841.
Registry No. 1014-05.
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UNIVERSITY OF FLORIDA
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