Code of fair competition for the mica industry, as approved on February 24, 1934

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Title:
Code of fair competition for the mica industry, as approved on February 24, 1934
Physical Description:
p.297-313 : ; 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:
Mica industry -- 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.306 ; Registry No.1013-13".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004856052
oclc - 63655007
System ID:
AA00006535:00001

Full Text

For sale by the Superintendent of Documents, Washington, D,. Price 5 cents


Approved Code No. 306


Registry No. 1013--13


NATIONAL RECOVERY ADM\IINISTRATION




CODE OF FAIR COMPETITION

FOR THE


MICA INDUSTRY


AS APPROVED ON FEBRUARY 24, 1934


WE Do ouR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934
























This publication is for sale~ by the Fuperintend~ent of Documents, Government
Printing Off~ice, W~ash~ington, D.OC., andl by dictr.ict olffh-es of thle Bureau of Foreign
and Domestic Commuerce.

DISTRICT OFFICES OF T-HE DEPARTMENT OF COMMERCE

Atlantu, Ga.: 5(04 Post Office Buildling.
Bjirmllinghalm, Ala7.: 257 Federal Buildling.
Boston, Mass. : 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: CJhamber of Comnmerce Building.
Chicngol Ill.: Suite 1706, 201 North Wells Stree~t.
Cleveland, Ohio: Chamber of Commlerce.
Dallas, Tex.: Chamber of Commlerce Buibtlinlg.
Detroit, Mich.: 801 First Na~tiolnal Banl'k Buildinlg.
Houston, Tex.: Chamber of Commllerce Buildling.
Intlinuaploli.< Ind.: Chamber of (comlmeirce Buildinlg.
Jaceksonville, Fla.: Chamber of Comlmer~ce Buildling.
Kansas City, Mo.: 1028 Baltimlore Avenue.
L~os Angeles, Calif.: 1163 South Brondwlay'.
Louisville, Ky.: 408 F'ederal Buildinig.
Memphis, Tenn.: 229 Federal Building.
Mliwnnpolis,, linnl.: 213 Fedleral Building.
New\ Orleans, La.: Room 225-A, Custonshouse.s~
New York, NU.Y.: 734 Custombouse.
Norfolk;, Va.: 406 Etast Plume Street.
Philadelphia. Pa.: 422 Commercial Trust Buildling.
Pittsburgh, Pa.: Chamber of Commer'ce Buildling.
Por~tland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Senitle, Wash.: 809 Federal Office Buildling.








Approved Code No. 306


CODE OF FAIRIZ COMPETITION
]FOR TH~E

MICA ~rJTINDSTRY

As Approved on Febr~uary 24, 11934


ORDER

A~enovisr; CO;DE OF FAIR COMP~lETTITS ION TUR THE AflCA TNDr. TRY
An appication having been duly made purlsundll to and in full
comlpliance with the provisions of T1Citle I of thle ~National Industrial
Recovrery Act, approved June 16, 1933, for appr'Loval of a Code of
Fiair Comnpetition for th~e Alica InldustryS, and hearings having b~leen
duly held thereon and the annexed report on said Code. containing
findings~i with respect thlereto, having been maldez and dtirecitedl to
the P2resident,:
NOWB, THEREF~iORE, on behalf of the Pr~esid'en-t of the Un~irited`
States, I, Hugh S. Johnlson, ALdminiiistrator for Industrial Recovery,
pursant o auhoriy rstedl in me boy Executiv-e Orders of the
Puresidnt, includhoing Eecutive Order number 6.343-A, dated Decem~-
ber 30, 19:33, and otherwise, do hereby inc~or~porat byT referecelt saidi
annexed report and do find that said Code comll,'ies in all respects
with th~e per'tinlent prlov.isionls and will pr'om`Lote the policy andr pur-
poses of said T1Citle of said Act; andl do h~er~eby order thant salid Cod~e
of Fair Comlpetition, excepting~r hIow~~evr, those pr1ovisjior s which
include within the scope of this Code thle imnpor~tation of M~ica and
Alica products and~ the sale thereof biy the importer, be alnd it is
hereby alpproved; provided, hiowever, that those engaged in the
importation of RIica and 1\ica products anld the sale thereof mnay,
after ap~plicationi by a truly representative groupl and after suchi
further investigation andi notice as I may dfeem necessary,, he in-
eluded within thle scop~e o~f this Code, anld p~rovidedc~ further, thiat the
provisionis of Article VIIII, Sectionis 3 and 6, insonfar~ as they pre-
scr~ibe a wa.iting~ period between the filingr w~ith the Code A~uthlority
andi the etfective date of r~evisedl price lists or revised terms and~
conditions of sale be and thley are hereby stayedl pcndingr my1 further
Ord~er either within a period of sixty dayjs fr~om the eff~ective d~ate
of this Code or after the completion of a study of open pr~ice associa-
tionis now being conducted by the Nluational Recovetry Admninistratif on.
H-cca S. JOHNsON,
A-dm~;inistrat'or' for1 Indusr-jia7 l Re'over.ly.
Appr"oval recommenl~ded
WV. A. HanamanS,
Division; Admnz is r~ator.
~VASHINGTON, D.C.,
February Ed, 1934.


42206"---376--130 34


(207)












REPORT' TO TH[E PRtESIDENiT1C


TIhe PRESID)ENT,
The WhLite Houcse.
SmR: This is a report on thne Code of Fiair Comnpetition for the
Miica Industry, a hearing on which- was conducted in Washlington
on the seven~rteenlth of November. 19:33, in accordance with the prlovi-
sions of the National Industriall Reco~very Act.

HOURS

Thne Code provides for a maximum work day of 8 hours and a mla -
imum work week of 40 hours, except that for six weeks in any six
month period employees may be p~ermlittedl to work -48 hours each
week. Tlhe following are excecptedl:
(a) Executivesc and mannagers, who earn nolt less than $35.010 per
week and o~utsider salesmen;
(b)i Employees on. emergency3 mal~intenancer and emergency repair
work, wvho muay work not more~ than 48 lourll in onle week;
(c) Engineers, firemencl andt cleaners who may wrork not mlore than
56 hours per week; during any six, weeks in any six month period,
and who may otherwise woork not more than 48 hours in one w~eek;
(d) Wantchmel~n, w~ho m~ay work not mnore than 54 horlls in any one
week.
~All employees are limited to six days work in any~ seveIcnS dayer~iodl.

WAGES
The Code provides for minimum rates of payh of 25l/ cnts perhor
in the South and 30 cents per hour in the Nort;o 7/ et e
hour in. the South. and 321/2 cents per hour in. the Nrorth in grinding
operantions~ in the Dry Ground Maica Division; and of 30 cents per
hour in the South andt 35 cenuts per hour in the North, in, the Import-
ing Division, and in grinding opera'ltion~s in the Wet Grounlld M\ica
JAVISIOR.
Until 6 months after the effective date of the Code, learnners,, with-
out previous experience in the Indc-ustry?, may be paid 80%.; of the
above minimum wages. N~o person may be classed as a learner for
longerr l than 12 weeks and the total number of sulch learnersy shall not
exceed 10%o of the total number of employees.
Aged or physically handficappedl persons mnay be emlployed at. such
wages~ and for sulchl hours~ as shall be StatedI in a crrltificat'e issued by
a SCtate Auth~ority designated by the Un~ited States Dep~artment of
L~abor.
CHILD LABRCI

The emplnyment of persons under 16 years of age and, in occup~n-
tions hnzardous in. nature or dangerous to benlth, of persons under
18 year~s olf age is prohibited.
(298)






299


ECONOMIC EFFECTS OF THE CODLE

This Code has been presented by five giroups>-. repr~esentingr the
following distilc~t brnnchles of the IIndst'y : Shee~t AIica, Dry Gr~oulnd
Mica, WYhite Wet Grround M~ien, RIlica Mininlg and M~ica Impor~ting.
These groups constitute the entire Mllica, Indlustr1y in the United States
except for thie Plate Mica Group,~1 which isr now opra!r~tingr under thre
Code for the Electrical ZManufacturing Inu~lstry. The britngi~ng
together of these groups under one Code shold~~l tendl to ulnify andt
strengthen the Indusrltry.'
On the basis of value~, only about 30%~ of th~e Mlicr used inl this.
country is dlomlst~ic, the remainder being imported.l The annual
domnestic prodluctionl, inn tons, has remained fairly con~lstant since
19993, but the value of this production has declined approximately
'70% during this period. The number of wage earnlers in the indus-
try has decreased onyabout 10%o since 1928.
Because of the lc of data concerning some of the groups, it is
diflEicult to estimate accurately the incr~ea-ses in emlploymlent and pur-
chasing power which will result from thne Code. F'rom the available
data, it appearsa that the Code will increase employent at least 20%0
and wages at least 30%~c, assuminlg that the vohrune of domlestic pro-
duction does not decline.
In the Southn, wagecs are now- being paid as low as 71/2 cen~ts per
hour in the Sheet IMica Group and 10 cents per hour in the 1Mica
M~ininlg Group, as compared to the minimum of 25 cents per hour
prescribed in. the Code for this section. The pIrevanilingr maxsimum
weeklyl hours for all gr~oupls range from 50 to 6j0, as compared to the
40 to 48 hourls permitted under the Codle.
FINDINGS8

The Assistant Depu~ty dmnitator in his final report to me on.
said Cod-e having found shri e ot n ntebsso l
thle pr~oceedcings in this matter;
I find that:
(a) Sa~id Code is w-ell designled- to promotlee the policies andl pur-
poses~ of Title I of the Natiolnal Indlustr~ial Recovery Act, includ-
ing remnoval of obstrulctions to the free flow of interstate and foreign
comimer~ce whichi tenid to dimiinishi the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for thle purpose of coop~erative action amnono- the; trade
groups, by inlducingr andt maintaining united action oP labor and
mianagemenlt under adequate goverlnmental sanctionss annd supervision,
by elimninating unfair competitive practices, by p~romnotingr the fullest
possible utilization of the present productive capacity of indus-
tries, by avoiding unduie restriction of production (except as miay
be temporarily requiredd, by incr~easinga tihe consumlptionl of indus-
trial and agricultural products thrioughi incr~easingr pulrchasing power,
by reducing and relieving unemploy-ment, by improving standards
of labor, andr by otherw~ise rehablilitating indu~stry\.
(b) Said Indlustry niormanlly employs not more thani 50!,000 emn-
ployees; 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-







300


tion Subsection (a) of Section 3, Subsection (a) of Sect~ion 7, and
Subsectionr (b) of Sect~ionl 10 thereof; and that the applicant groups
are industrial groups truly representative of the aforesaid industry,
excepting however, the impor~tat~ion of mica and mica products and
the sale thlereof by the importer; and that said groups impyose no
inlequiitable restr1ictions on admnission to membership the~rein.
(d) Said Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or o~ppress
small enterprises and will not operate to discr~iminate against theml.
(f) Those engaged in other steps of thet economic: process have
not been deprived of the right to be heard pr1ior to approval. of said
Code.
FEor these reasons, therefore, I hatve approved this Codle, ec~lepting
howeve\-tr, those provisions which include within the scope of this
Codle thne importation. of mica and mica products and~ the sale thereof
by the importer; prov-ided, however, that those eng~agedl inl the im-
portation of mica and maica products and the sale thereof mnay,
arfter such further inv\estigation and notice as I may d~eem necessary,
be includled within the scope of this Code.
Respectfully,
HUGH. S. JoRNSON,
Admin ;i stratlfor.
FEBRUARY 24, 1934.












CODE: OFE FAIR COMPETITION FORt THE MiICA
INDU-ST'RY

ART[CICE I--PZ.HOSE5i

Tro effec~tuate the policies of Title I of th~e National Indcustr~ial
Recovryn-cr Act, t~he fol~lowingr provisions are esitablishled as a Code
of Fair Comnpetition for the Mi\ica Industry, and shall be blinding
upon every member thereof.
ARTICLE: I[I-DEFINITTIONS

TPhe term '" Mical Industry as used hecreinl includes the m~ininlg,
importing, grinding, manufacturing, and fabric tin g---togaethIer~
w~ith the distributing and sale by those engaged in the foregboing ac-
tivities,--of mica including muscovite, biotite, phlogopite, and all
other forms of mica and produclt~s madeP excluIsively or Inrgely~I there'-
fromn, except those products inl which a bindter is used in conIJunctl~ion.
with mica splttings.
Tlhe term" employee as used hlereinl includes any and all pe~rsons
engaged in the Industry however compensated, except a mem~lber
of thle InduxstryT.
The term employer as usedl hlerein inlcludes anyoc-ne for whlo-e
benefit such employee is so engaged.
The term "L Memlber of the Ilndustry "' includes, but without limi-
tation, any individual, partnership, association, corporation or other
form of enterprise engangedl in the Indust~ry, either as an emlployer
or on, his or its own behalf.
The term M~rember of the Code includes anly m1emlber of thle
Industry who shall expressly signify assent to this Code.
The term "ITndustry"' as used herein as definedcc~ to mleanr the Jlica
Industry as described abov~e.
The terms LAct and ~"Admtiniistrator !" as used herein mean re-
spectively Title I of the National Indunstrial Recovery Act and the
Administrator for Industrial Recovery~.
"' Effective Date as uisedl herein mcanls the second M nondafiy after
this Code shall have been approved by the President of the Uniited
SCtates.
The M~ica Industry includes the follow~ingr ]Divisio~ns:
1. The "; MIiningr Division which consists of mnembecrs of .the In-
dulstry engaged in t~he mining of mica and its classificatio~n andl sale
by the miner as run-of-mine mica;
2. The "' Importing Division which consists of membler~s of the
Industry engaged in the importation of mnica and mica products for
sale or r~esale;
3. Thle "; Sheet 1\lica Divrision' hichi consists of members of the
Industry engaged in the mannufacture and falbriention of raw shecet

a See paragraph 2 of border approv'ing this Code.







302

4-. The Wet Gr~oundl Mica D~ivision which. consists of members
of the Indusltry3 engaged in the wet grindineo or processing of all
kinds and types of mnica as hereinabove d~efine8~;
5. The '"Dry G;)round Jlica. Division "' which consists of members
of the Indusltry3 engaged in the dry gr'inding~r or processing of all
kinds and t~ype~s of mica as hereinabove dlefined including:
(a) .dry groc-und~ mrica produced byr th~e grinding of shop or scrap

(b) dry ground mica schist;
(c) ungrr~ounld mica screeninlgs: fromt clay washinlgs;
6. Such other divisions as may hereafter be established as her~ein-
after pro-videdl, provided however that any division now or here-
after established may be exemp~ted from the provisions o~f this Code
by the rPres~idenlt~ after such notice and hearing as he mny prescribe.
A~RrICiz IIII-H-IoTRn

1. Exlcept as he~reinafte r oth~erw~ise providled no employee shall be
permitted to wFork in excess of 40 hours in anly one w\eek nor in excess
of 8 hours in any 24-hour period, provided, hofe~ver, that for six
weekrs in anly six months period an employee may be permitted to
work 48 hours in any one weeki.
2. The mIlaximumll hours fixed in the foregcoiner sec'tionl shall nlot
apply tot outsider salesmeni executives (~Itlac in ma supernvsory ca-
poeisty) or5(~ peron emloed in a managerial capac~ity who earn not
les thn $5.0 pe wek.or to employees engaaaged in emergency
ma~;intel:nance or emergency repair worki, provided that the latter
group are not permitted to w-ork more than 48 hours in any' onle week.
3. The maximum hours fixed in the foregoinlg section (1) shall
not apply to engineers, firemlen and cltRleanes, provided, however, that
no such. employee may be! permitted to work more: thanl a mlaximum
of 48 hours during any one week, eepZ'lt. that, duringll any six weeks
of any sixr month period the maxnimumn shall not be more than
56 hourlls.
4. The ain ximumi ho~urs fixed in the fore~goingi section (1) shall
not apply to wa~tchmlen, provided, however, that no such employee
may be pe~lrmittedc to wor~k more than a, maximum of 54 hours per
wReek.
5. No employer shall know-ingly permit anygd mplro~eet wotrk o
any time which, wchen totnlled with that araypromdwt
another emllployer or employers in this Industry, exceeds the max-
imum permitted herein.
6. No emnployee shall be p~elrmitted to wvork more than six days in
any- seven day period.
AnrICiaE IV-Wac4(Es

1. ~No emploll~ yee in this Industiry shall be paid at less than the rates
indiiented below~ for the r~espective sections of the country and in the
r~espective div-isions of this Industry. (Th~e Southern Section as
used in this Article includes the states of Krentucky, Virginia, Nor~th
Ciarolina, Tenlneissee, M~ississippi, AlabamaR, Georgin, S~outh Carolina,
Filor~ida; and the Northern Section as used in this Article includes
all other states and territories of the United St~ates).









Southern. Section Northern Section

Mlining! Division...~ ~~.~. _..~............ _.... .............. .... 25e per hour.......l 30e per hour.
Imporrtmg D~insion......~.~.........._.._.__...................... 300 per hour.......l 3,5c per hour.
Shreet Alica .Division......... _.~.~._..~.... ..................... 25e per bour_...... 30e per hour.
Wef, Ground Aies Dimion.
In grind ing opernljt~ni n ~.. ~.......................... ...... 300 per hour.......I 350 per hour.
In ot her nller rtionnl......... ............. ........~.~ ........... 25e per hour.......l 300 per hour.
Dry Ground~ .11wa DnIo~~~n*
In grinding operations._ ... ..... ........... 27Me per hour.....l 321je Ier hlour
I~n other opertions........ ... ....... 25e: per hour.---- .. 1. 3t r hoiur

Providedl that, in th~e Sheet nlica Divisionr only, learlners.- may be
employecd, wh~o mayn! be p~aidt not less than eighlt~y (Sl00.;) p~er~centl of
the mlinlimllllum age ab~ove p~recscribed. The total numberl~~l of suIch
lear1ner~s engngred by alny emloyerSc' shall noc.t exceeed ten (10'1.) per-
cenlt of thle tuotl numlber of empllloyees. i engagedc~ by- such emnployerr
atayone time. No person shall be employed as a learner for a,
peidin excess of twelve (12) wveekrs. Th~e provisions of th~is
paragrap"l h wvilth reispect to lear~ner~s shall remain in o~peration for sixe
(6) months after the effective dalte of this Code and th~ereafte; shall
terminate. For the purpose of this paragraph, learners shall be
definecd as persons w-ho have h~ad no pre~iou~s employment in the
mica industry.
2. ~A person whlose earning capacity is limited because, of age or
phy'sical of mental handc~icap, may be employed on, light workcr at a
wage below thelc minimum established~~ by this Code if the emplloy~er
obtains from the State .Authlorit~y deigna~lte d by the Unitezd States
Deparltmnent of L~abor a certificate authorizing his employment at
such wnges and for such hlours as shall be statdcc in the cer~tificate.
Such authlority~ shall be guided ~by the instructions of the United
~States Deparrtment of Labor in issuing c~ertifientes to such~ persons.
Each employer shall file with the Divisional Code Auth~orityr a list
of all sulch persons employled by him.
3. Every employer shall m~akez reaso~nablel provisions for thle so fety
and health of his emnployees at the place anId during the hourls o
their emp~loymnt.nt StandaRIds for snfetyt\ andl health shall be sulb-
mitted by3 thle Coder Autho rity3 to the Adtministratorr for approval
within six (6) months after thie effective dlate of this Code.
4. No provisions inl thiis Code shall supersede any State or Fedl-
eranl law~ whiichl imploses more stemgnent requirements on emnployers
as to age of emiploy-ees, wages, hours of w-ork, or as3 to s-afety, healthi,
sanitary or general worklingo condlitionis or inlsurnnlce or fire pr1otec-
tioni thann are imnposedd by this Code.
5. AQll emnployers shall post complete cop~ies of this Codle in con
spicuous places accessible to employees.
G. N'o emplloy-ee now? employted2 at a rate in excess of the Iininimumll
shall1 be discharged~ and r~e-employedl at a lower~ ra~te for the p~urpo a~
of evadling the provisions of this Codec.
7. Thiis article estab~liishes a miinimium rate? of p~ay whiichi shall
apply ilrrespecti ve of whether an1 employee is actually compensated
on a time rante, piece w-ork or any other basis.
8. N~o employer shall r~e-classify employees or duties of occupan-
tions performed or engage mn any other subterfulge for the purpose
of defeating thle purp~oses or provi'sions of the Act or of this C'ode.
422060 376-130---34 2


303







304


9. Female mpII.TVPloyee per~lfolrming subs~~ta.ntia.11y) the same worki as
ma~le employees shall receive the same rate of pay as mnale employees;
andt w\heres they displace men, they shall receive the same rate of
ca rnings.- as the mlen they displace. The Code Authority~ shall wvithin
Ilinety days after the effective date of this Code file with the Ad-
rlnini-tr~ato r a des~cription of all occuplatiolns in. the Industr~y in which
both mnen and womenl'l are employed.
ARTICLE V-CHILD LABOR

No persons under 16 years of age shall be employed in the Indurs-
try~ and no personc~l under 18 years of agre shall be employed at opera-
tionsl or occulpaticonsl which are hazardous in nature or dangerous to
h~ealthi. The Divisional C~ode At"uthorities shall ubmnit to the Adi~min-
istrator before six months after eiffectiv-e date a list of s-uchn operan-
tions or occupaition-l. In any Stalte an employer shall be deemued to
have complllied~ wNith this provision as to age if he shall have on 61le a
certlificacte or permit duly signed by the Authority in such State
emnpowr\ed~ to issue employment or age certificates or per1mits show-
ing that the emlplo~yee is of the retquired~l age.
ARTICLE VI--NATIONAL CODE ALUTHIORI1TY
1. A National Codle Authority shrb salse ocoeae
withtheAshinitraor n te aminiistratio n of this Code~.
2. T'he National Code Authority shall consist of the Chairmenl
of the Di-visional Code Author~ities here~inn fter establishedc. In. addi-
tion to members as ab~ove provided, not more than three m~emlber~s
without vote and wRithout expense to the Industry, may be appointed
by the Admninistrator to serve for such terms as he may desigrnate:
(a) No two members or alternates of thne National Code Authlorit~y
shall be affiliatedl withn any single membiller of the Inmdustryr.
(b) One alternate many be selected~ fr~om each D~ivisioln to repr~e-enlt
the chairmaiiin of the Div-ision in the Codle Authority in his absence,
provided that no alternate may be affiliated writh any member of
the Industry atlrendy represented on the NJational Code AullCthoity'.
3. ~She~lld a mantter come before any Cole Aut~hority whichl spe-
cifically involves thne ne~t, conduct or interests of a company with
wrhichn any membe~r of a Code Aulthority is affiliated or employed-,
enech members~ shall be disquanlified~ to act in such matter. The desig-
natedt' alternate shall act in such dsqualified- member's place.
4. ]Each trade or industrial association directly or indir~ectly par-
ticipating in the selection or activities of the Nationlal Code~l Au-
thorityv or of a D~ivisional Code Authlority shall
(a)b Imnpose no ine~quitab~le restrictions on mnembership ; andrl~s
associlntio.n, by-laws, regulations anrd any amendments mlade t.hlereto,
togcth~cr withn such. other information as to mlembershipl> organization
andT ac~tivities as the~ Admlinistrator may deemn nece~ssay to effectuate
thne purlpocss of the Act.
5. In order thiat the Niatinnal Code Authority or any Divisional
Code Aulthority shall at all times be truly representative of the
Industry or any D~ivision thereof, and in other r~esp~ects comply writ.h
the provisions of the AQct, the Admninistrattor mla prescribe such






305


hearings as he mlay deeml proper, and thereafter, if he Ihall findt that
the National Code Authority or any Divisional Colle Aulthor~lity is
not truly representative, or in any other r~espect doces not (omplyl~5
with thle provisions of the Act, he may r~equirie an approp'lriate mod~ni-
fication in the method of selecton of anry Code1C Authlority.+
6. All m~ember~s of the Indust~ry :my participate in andC Amro1' the
benefits of the netivities of thle Nja~tiona~l Code Aurthority and~t the
proper D~ivisional Code Authority, and mayg participate in the ich'~i--
t~ion of the members thlereof byr assenting~ to and complying~ w\ithl the
termlls of thlis Code. A~ny such members of the Industr~ly. shall pay
their pr~opor~tiontae share of the cost of miaintenanI1c of such Code
Authority and its activities. SCuchl reasojlnable~ share of the expense
of admlinistration shall be determined by the Natioinal Codet Aun-
thor~ity subject to :review~ by the Administ-rator, on the Unwis of the
volumne of bus~iness and/or such. other factorls as mlay be dentiied~
equ~itable.
7. The National Code Author~ity shall havre the folllow-ing powTers
and duties subject to the right of the Administrator, on1 rev\iew\\, to
disapprlove any action byT any agrenlcy pursuant to this Code:
(a) To insure the exec~iutionrl of th-e provisions of th~is Cod~e and1
pr ovi;de for the comnpliance of the Indus~try wnith the Irl'ca-iidens of
the Act..
(b) To adopt by-laws and rulesj andc~ r~egulationls forl. ite pJro,.-edur
in the administlration and enforcement of thle Codel.
(c) To obtain froml members l of thle IINlldu' try') jnchinformatfionl
andt reports as it requires for the ad~minis;tratio~n of thle 'codec, and~
provide for thle submission~ by mcnembers of suchi) informall~tionl and1(
reports as the Adtministr~ator may dleem neccssary? forl thle pm-pow~)~:..s
recited in Sectioni 3 (a) of the Act. Such informaintionr andl rep~ortsi
Shall be submitted by members of the Indcustry touch namiistra
tive and ~or Gover~nment Agencies as the Adminiitr~ato Ir may dsigi-
nate, provided thiat nothing in this Code sha~ll relieve~ any? memrlber
of the Indlustr~y of anyg existing obligations to furnlishl re~ports to, anly
Gover~nment Agencyg. No such reports or informaitioni shall bep dis-
closed to anly members of the Industr~y or to any15 other partyf~ except
to such G~overlnment Ag~encies as mayS be d1i rect ed b thle
Adm in ist ra tor.
(d) To use such trade associations, superv\isory agenlcies, comri-
miittees, employees andl/or othlersi as it deemns proper; for thle calrrying~
out of any of its activ-ities provided for herein, andl to, delegale to
then such of its powers anid duties as it. deems necess~ary to facilitate
the administration of this Code, provided tha~t nlothing hlerein shaoll
relieve the National Code Author~ity of its duties anid r~esponsibilities
under this Code, and that suich associations, supervis~oryl aencies.
committees, employees or others shall at, all times be subject to and~
comply with the provisionsu hereof.
(e) To study thle trade practice provisions inicorplornted inl thiis
Code and the operation thereof, and mlake such r~ecommendaticl7t o ns;
as are approved by the various Diivisions to the Adminis~trato r fr~oml
timne to time wThich it considers desirable for modification or addli-
tion to this dode. Upon approval by the President after such hear-
ings as he may prescribe, such recommendations shall become a par~t
of this Code and shall have full force and eifect as provisions thereof.






306


(f) To establish from time to time, new Di\isio~ns of the Indcus-
try,~ in addtcitio-n to the Divisionls here~in established. Each. Division
shall have a Divisional Code Authority selectedl by the members of
saild Division as hereinbelowv9 provided in Adrticle VII.
(gi) TCo invesitigate the importation of competitive articles into
the U~nited States, which e~nda~nger the purp1-,-les of this Codie and to
act as the agency to mnake complaint to the President, purs-uuntl
to thec provisions of Section 3 (e), of thle Act, on behalf of this
Industry.
(h) TLo delega te any of the above functions or duties to any one
or all of the Divisionaltl Code Authorities, provided, however, that
the Nuational C'ode ~LAuthority s~hall not be relieved of final r~esp~on-
sibility with respect to such delegated functions or duties.
(i) To c~oord~inate the administration of this Code thnrought the
several divisions of the Industry.
(j) To appoint an impartial agency not a mIl~~lembe of the Indus-
try or not employed by a member of the Inldustry,~ nor in any wFay
affilinlted withl a mlemlber of the Induxstry. Any and all information
submitted to the National Code Authority pursuant to this Code
shall be su~bmitted to such impartial agency and shall be deemed
confidlential and shall not be r~evuea~le to any member of the Industry
except in sun qu a ry.
(k) To review, disapprove or modify any decision, finding, or
course of action by any Divisional Code Authority.
(1) To appoint a member of the Jlica Plate Section of the Insula-
tionr Division of the Code of Fair Competition for the 1Electrical
Industry, approved by the President on August 4, 1933, to serve
as a liaison member without vote of the National Codte Authority
and the aforesaid Mlica Plate Section.
,RTIC'LE VII IVISIONAL CODE AUTHORITIES
1. A Divisional Code Authority is hereby establishled: in each Divi-
sion of the Industry to adtminister the Code within such Division,
subject to the limitations and procedure herein prescribed.
(a) The Di~visional Code ~Auth-ority shall consist of three meml-
bers to be elected by members of the respective Divisions of the
Industry sutbject to the provisions of Article VI, hereof.
(b) Tihe Dry Ground Mica Association for the Dry Ground I\ica:
Division, the WVet Ground i\licas Association for the Wet Ground
Alica Division, and the Committee on Organization of the Code of
Fair Competition for the M~ica. Industry for the remaining Di~vi-
sions of thle Indus~ltry3, are hereby designated as thne agencies to con-
duct such elections within ten days adft'er the effective date of this
Code.
(c) Membercls of the Divisional Code Authority shall be electedl
to serve for a term of one year, or until their suc~cessors are elected.
In the event of any vacancy on the membersh-ip of any D~ivisional
Conde Aulthority~ a, special mee~rting of the mlemnbers of such D~ivisionl
shall be called to elect a member to fill the unexpired term of su~ch
\-acanrcy.T Notice of each election shall be sent to all mlemnbers of
the Division at least ten (1~0) days in adva\nce of anly election, and
voting~ at such election may be by- pers~-on or proxy or by letter
ballot.,






307


(d) No two members or alternates of a Divisionn1~i Codle Authority
shall be affliated with any single mnember of the Indusltry.
(e) Each Divisionl may designate one alter~nate for each miembiler
of the Divisional Code Authority elected as hereinabove ,r~ovidedc.
(f) Should a mratter come before a Divisional Code~ Au1th~orityr
which specifically involves the acts, cond~uct, ori the interests of a
company with which any mnember of the Divisiotnal Coder Au~th~ority
is associated~ or employed, such mem~ber shall be dli quallifiedl to not
and the designated alternate shall ne-t in wh1'1 disqual~lified~ member'lllel s
place.
(g) The Divisiolnal Cole ALuthority. may8\ use such'1 trade n n~cin1-
t.ions, supern\sory agencies, committees, empl-loyees and /or others as
it deems pr~oper for the carrying out of any of its netivities~ pr~ovided~
for herein, and to dele~gate to theml suchl of its powers and~ du~ties as
it deems necessary to facilitate th~e adminislit ration of this Code, prlo-
vided2 that no~thing~ herein shall relieve thne Divisionlal Codte AulthorityI
of its duties and resp~ons;ibilities under this Codet. and tha~t suichI
associations, supervisory agencies, committees, emloyjls~ ees or others
shall at all times he subject to and ~omplly with the prov\isionls her~eof.
(h) The Divisional Code Author~ity3 mray appoinlt an-y imipnitial
agency not a member of the Indcustr~y or Emplll~oyed' byT a mClllembe of
the Indlusctry. nor inl al ny ay affiliatedt with~ a membelllrI of thle Induslr-
try. Any and all inf<1nrmaton submitited- t, anyv Divisional Codes
Auithorityv pursuant. to this Code shall be subm~ittedl to uchl impDartial
agencies and shall be deemed confidential andi -ha~ll not be reve~nledl
to any member of thle Industry except inl summary.l~l
(i)l M~embers of any Division of thle Indutlrys! my11! part~icipatf e in
and share the benefits of t~he activities of their. resp~ctiv.e D~ivisionial
Code Author~ity andi mayv participate in th~e electionl of thc mnemnber~s
thereof by assentingr to andt comprlyingr with the terms of this Code.
Any such memiber of any Divisioni of the~ Indlustry shall pay1! his piro-
portionate share of the cocst of mainitenance of suchl Div'isionllR Code
Authority and its activities. Such rensoinable share o~f tihe expense
of administration shall be determlinedi by the Divisiolnal Code Au-
thor~ityv sub~ject. to review by the Adlministrattor. on the basis of the
volume of business and,'or suIch others factors as mny be deemed
equitable.
2. The Divisional Clode Authority shall coop!er~ate w~ith ther Nu-
tional Code Authority in making investigations of the functioniing
and observance of any provisions of this Code at its own instance,
at the request of the Admninistrator, or onl complaint. of any person
affected, and report its findings and recolmmendation~s to, the Nationial
Code Authority.
3. The Divisional Code Authority shall studly thle tr~ade pr1netires
provisions incorporated in thiis Codle andl thle oper'atioi th~ereoff andl
shall make suchi recommendation for modification andc addition
thereto to the National Code Author~ity froml timne to timnewhh it
considers desirable for the welfare of its particularly D~ivision. Suchi
recommendations shall be submitted to the Administrattor through
the National Codle Authority, accomipaniedl by its own recommiiendu~-
tion. Upon approval by thle President, after such hearings as he
may prescribe, such recommendations shall become a part of this
Code and have full force and effect as provisions of this Code.






308


4. The D~ivis;(onal7 Code A~uthority shall receive, and to thle extent
perm"ittedl by the Act shall adjust complaints inl regard to thie opera-
tion of this Codel, which involve a member of that Division.
5. Price lists and terms and conditions of sale, wherever referred to
in this Code, shall be filed in such form and shall be complosed of
such schedul~lezs and items as the respective Divisionfal Code Author~ityr
may designate.
ARTICLE VI1[I-COMPE~iTITIVE PHA.CT'IIC:ES

1. Each memberl('L of thle Industry shall use an adequate cos~t-
accou~nting system which shall be at least as complete and detailed
as the cost-accoun ingsyte recommended by his Divisional Code
Authority and approvedb h diitao shriatrpo
vided. The Divisional Code Autlhority shall recommend for use mn
thne Industry a uniform and adequate cost-accounting system which
shall be adaptable to the cost-accounting procedure and to the busi-
ness of the Divisionl. Such plan shall specify th~e factors which shall
be included in determnining; the costs and allowable costs of each mem-
her! of the Division. Upon approval by the, Adminisitrantor of such
a ~System~ of c(s~t-:lccounting for the Industry, complete advice con-
cerningr it shall be dli~stributled by the Divisiondl Code Authority to
all members of the Division. Thleren fter no mlemlber of the Divisionr
shall initiate a selling price belowv his owon allowable cost or sell the
products of the Division at suchl price or upon such terms orr condi-
tions of sale as wTill result in the purchaser'sa paying for such product
less than the allowable cost to the seller, except where sales below
such costs are necessary to meet the competition of anlother member
of the Industry or of products of equivalent design, character, qual-
ity or specification mnanufactured outside the United States, pro-
vided that such sales; below allowable costs are immediately r~eported~
to the Divisional Code Authority and provided further that such
sales below allowable cost may not be continued beyond such time
as the Divisional Code Aulthlority. notifies ach'l member that such
sales below his allowable cost are no longer nece-~sar~y to meet such
competition.
2. The foreg~oingr provisions shall not apply in cases in whvlich any
member of the Indu~stry sells, or offers to sell, dropped lines, seconds
or inventories which. must be converted into ensh~l to mIleet; em~~ergency
needs, provided that such. sales are made in such manner and on
such terms and condlitio~ns as the Divisional Code ~Authority may
establish and as aire necessary to move such products into buyer's

3. On the eff~c~tive date each member~l of thle Dry Grocundt lAlica
Division andl the Wet Grolundi M1\ien Division shall file with the
Divisional Code Authority his net price list and terms andi condi-
tions of sale. The DivisLonal Code Authnority shall 'immdccliatelyl
send copies th~ereo~f to all krnown 11 manu~lCfaurer's of such. plodulcts.
Rev.iSed price lists and terms and condlitionls of sale may~ be filed
from time to time with the D~ivisional Code Authority by any memn-
ber of the lespetc~tive Division of the Indlusitry3, to become effective
ten days after filing. Copies ther~eof with notice of the effective
date sec~ified sdhall be il~nuedliately sent to all known mnemlbers of







309


that Division of the Industry who thi!ereupon may file, if they so
desire, revisions of their price lists anl ~terms andr conditions of
sale to meet, prices previousfly filed which mnay beome effective upon
thle date when the revised price list first filled shall go, into effect.
The Divisionlal Code: Au~thority may, if it feels that thle circum-
stances required it, authorize a shorter period' than thle ten dlays
referred to above.
The Divisional Codle Authority shall make suc:h prices and other
related mater~ial available to inspectionn by the public at its official
place of business dur~ingr usual office hours.2
4. Each Div-isional Code Authority shall have power on its own
initiative, or on the comlplnint of any mlembl'er of the Intustr~y, to
investigate any price for any product show,\n in any pl~rie list filed
with such D~ivisional Code Authority by anyT miemiber of the Indulstry,,
and for the pu~rplose of investigation thereof mray requ~ire such mem1-
ber of the Industry to fulrnish such information concerning his al-
low~able cost of such prodluc~t as may be n~eces~ary. pr~ovided, however,
that all such information shall be subject to the provisions of Article
VTII, Sectioni 1. subs~ection (h) of this Codle.
5. No mecmber of thiis Ind~ustry shall sell, dlirectl~y or indiriiectly by
any means whatsoever, any product of the Indlustr~y at a price lower,
or on more favorable terms of payment than those prov,\icded for in
his own published andl filed net price list and, or other conditions
of sale.
6. If andl when a mlajor~ity of the mnemblers of thie Shree~t AlIien Di-
vision by secret ballot, under supervision of the National Cod~e
Authority, shall so decide, provided such ballot shall be takenl within
ninety (90) dlays after the effective date, the fo~llowinlg pr'ovisionis
shall go into operation in that Division:
(a) Upon notice in writing from the Divisional C'ode Authority,
each member ofZ the D~ivision shall, within tenl dnvs a7fter suich no-
tice, file wvith the Divisional Code Authority a n~et price list an~d
terms and conditions o~f sale. The Divisional Code Auithority shall
immediately ,end copies thereof to all known manufacturers of such
products.
Herised price lists and terms and conditions of sale may be filed
from time to time with the D~ivisional Code Authority by any mem-
ber of the Division, to become effective ten dlays a fter. tiling. Copies
thereof with notice of the effective date specified shiall be immediately
sent to all known members of the: Division whIo thereupon may file,
if they so desire, revisions of their price lists andi terms and con-
ditions of sale to meet prices previously failed which may become
effective upon the date when the revised price list first filed shall
go into effect.
The Divisional Code Authority~ may, if it feels that thle circumn-
stances require it., authorize a shorter period than the ten days re-
ferred to above.
The Divisional Code Authority shall make such prices andl other
related material available to inspection by the public at its officidl
place of business and during usual office hours.
(b) Each member of the Sheet Mica Division who is also a mica
miner shall use as his cost price of mica a price not less than the
s See paragraph 2 of order approving thle Code.







310


p~revanililgr markel~t price of such mica at the tina!m~e he his price is
filed with the Divi.c.iornal Code Authority; such prevailing market
price of m~ien shall, be based upon the price being generally paid for
run-of-maine mica of the equivalent quality in that diistrict by ot.her
buy~er~s. The Divisional Ciode Aulthor~ity shall from time to time
collect and report the market price which manufacture rsb and fabt-
ricators shall ulse for the valuationl of mica referred to above.
(c) If and when this provision is put into operation by the Sheet
Rlicaz Di~vision, such action, shall be immediately reported by, thre
National Code AL~uthorit~y to thne ~Administrator.3
'7. (a) Wiithin ten (10) days atfteir receiving notice to that effect
from. the Nationazl Code Authority, each member of the industry
shall file and maintain on file with such impartial agency as the
National Code Authority m~ay detsignate, a list of such products of
the Industry, together with a complete and accurate description of
each such product, which he or it produl~ces in the U~nited St~ates of
Amnerica, in not less than such1 quantities as the National Code Au-
thority may specify, together with his allowable cost of producing~r
such products, determined in necordalnce with Section 1 of this
Article.
(b) After such impartial agency shall have published to members
of the Industry the lowest allowable cost of each product so filed
with it, without, however, disclosing the identity of the mlemlber
filing such cost, no member of the Industry shall sell any product
of the Industry below the lowest allowable cost of production of a
product of equivalent design, character, quality or s~pecifications, so
filed w~ith the National Code Auth~ority and published by it in. ac-
cordance with the provisions of this Section; provided, however,
that the provisions of this Section. shall not apply to any products,
the total production of which in the United State~s of America, is
less than. five per cent of the total consumption of suchn products in
the United States.
(c) The impartial agencyr! designated by the National Code AuL-
thority shall make findings of facts which shall be pr1ima~ facie cor-
rect, on an~y disputed quecstionl~s of fact arising under thlis sec~tion,l
wh-lichn findcings shall be subject to review by the Admnlis;trator..
8. No member of this IndustryT shall guarantee a customer against
a decline or against an increase in prire, except by wr~1itten contracts,
copies of whf-ich shall be filed with the Divisional Code Authority.
9. W;Chen a member of the Industry sells Industry and nonl-Ind~us-
try products together to the same customer, he shall not quote a
combined lump sum price wh-ich is less than thie sum of the pr~ic~e at
which he sells or offers to sell the separate products.
10. Each mnemnber of the Industry shall keep on file wr~ith~ the Divi-
sionnil Code Authority an up-to-date list of his distributors and, 'or
agents.
11. N~o member of the Industry shall knowcinglyp make an invocic~e
and/or co~ntend which is a false record of any tranlsaction.
12. No member of this Industry shall allow any discount of anly
kinmd ecsep~t, (a) a cash, discount not to exceed 270 for payment
within ten dayuSs, and/'or. (b) quantity discounts whichI shall be filed
with the recspective Divisional Code Authority and madne a part of
a See paragraph 2 of order approving this Code.






311


such price lists as are required to bec3 filled under the p~rovision~s of-
Sections 3 and 6i of this Art~icle.
13. No member of the Industry shall make or c~ause or permit to
be made or pub~lished,. any untrue or deceptivet statements by wnay
of advertisemlents, labels, or otherw~ise,, co~ncerni g thle gradie, qlual-
ity, quantity, description, characters,, nature, or~ign. size,: or pre~para-
tion of any prod.-uc~t of thre Indu~rstry which have the tendency anid
capacity to miislead or deceive pur~chas.ers or p~rcpec~tive pulrchlasers .s
14. No members of the Industryr shall defamelc competitors by falsely
insputing to theml dishlonor~able conduct, innhllilit~y to performs con-
tracts, questionable credit stranding, or by false represel~~lnnttio n or
false dis;paragem~lent of the grade or quality of their goods, which
imputations hav~e the tendency and enpa~c~ity' to mlislead or deceive
purchlasers or pro~spcctive purlchasers.~
15. N~o memllber of the Industry~ shall give. p~ermiit to be given,
or dir~ectly offer to give, anything of value for thet purp~lose of in-
fluencing or rewarding the acrtion of any employee, agent or repre-
sentative? of anolther in reintion~ to thet bu~sinless of the empllloyerl of
such employee, the principl~n of 4luch gent or the rIepriesenited party,
without the kiinoledlge of suchl emrployer in-im:c-ipal or party. Thiis
provisions shall niot be const~ruedl to prohlibit fr'ee andr ge'nerLal IliS-
tribution of articles commlonly uised~ fori adv\ertiiing exept so far
as such articles are actually used for commercial bribiery~ as heretin-
above defined.
16. No mlember of thle Industryv shall induic'e or attempllt to indluc~e
the breach~ of anl existingr contract betw-een compnle~titorsl~ and or culs-
tomers by an~y false or deceptive menltls whatsoever. or interfere with
or obstruct the performance of any~ suich conltracltuall duties, or' serv-
ices by any suchi means w-hatsoiever
17. Every m~emiber of the Dryv Groulnd~ Miin Divisio-n andc the WVet
Ground M~ien Division shall sendl t~o the Div-isional Code Auithor~ity
of his respective Diviision within five dlays fr~om elate thereof, a
duplicate copy of each invoice of saile anld any contrncrt enteredc~ into
for the sale of any of thle products o~f the Indu ryll'..
18. Car~load lo't prices shall apply only upon single shipmentis
actually made in earlondl lots. (A carload- to be d~etermnined by thle
railroad tariff on minimum loadings.) 'hen. however, goods are
movedl by truck from thle produicer's factoryi! or warehouse, to con-
sumier's premises, forty--eight hours mayn be allowed for completing
the delivery of a carloadl.
19. Any members of this Inldustry mna pay a comlmission for sales
services, which commiissions shall be filed with the Divisional Code
Authority of the respective Division of thle Indlustryv in the same
manner and under the samne conditions as provided in Sections 3, 5,
and 6a hereof.
20. All members of the Dry Gr'ound M~ica Division shall bill all
bags filled with mica at a uniform price, individulally3 determiined by
them. according to size. The prices thereof are to be included in the
price lists to be filed w-ith the Divisional Code Authority.
21. No member of this Industry shall apply a reduced quantity
price to orders or shipments covering quantities less than the quan-
tities for which such reduced prices have been filed, or in any other
way depart from his fied and established price. list.







312


22. When a~ny member of this Inldustry makes an dllowance to a
cu~stomecr because of inferior quality or defective material (unless it
is a complete rejection for which full credit is given by thne member
of thlis Industry), he shall report such allowance within five days
after suchl allowance is madl~e to the Divisional Code A~uth~oritiy of
his rese~lcctive Divrision.
23. Nothing contained herein shall be inter~pretedl to prevent or
prohibit any member of this Code from selling distr~essedl products
of this Industry to any other member of his division of the Code at
any price he mnay see fit, irrespective of whzethler that price is below
his actrlnI cost price as determined by the procedure referred to in
paragraphs 1, 3, and 6 above.
24. In the Dry Ground Mlica Division, differentials between prices
for carload and less than carload shipments shall be determined by
the Divisionarll Code ~Authority subject, upon review, to disapproval
by the Administrator.
ARTICLE IX--ENIFORCEMENT AND) A DDIITHATION

1. On the effective date the provisions of this Code shall be the
standards of Fair Competition for the entire Mica Industry as de-
fined above. Any violation or violations of such standards in any
transnetion~s by or involving anly member of this Industry shall be
dreemedc an unfair method of competition and as such shall be sub-
ject to the penalties provided in the Act. Anly violation of any pro-
visions of this Code may be reported by any member of the Indlustry.
Such violations shall be investigated by the Divisional Code ALu-
thnority, who shall report the facts to the National Code Authority
with a recommendation as to the innocence or guilt of the party or
parties involved:.
2. The National Code Authority or the Divisional Code Auth~ority,
as the case imay be, shall hear both, sides of thle case and shall decide
whether or not in its opinion a violation or vio~lationls have occurred.
3. If one or more complaints of a similar character against any
member of the Industry shall have been proven to be unfounded, the
National or Divisional Co~de Authority shall, at its discretion, either
discontinue or suspend investiga.tions until the complainant shall
present definite proof of a violation.
4. In case of a dispute between members of the Industry, the
National Code Authority may resolve itself into a Board of Arb~i-
tration, and if the parties to the dispute agree, may arbitrate the
difference, or may set up such machinery as may be necessary and~
desired by the parties to conduct an arbitration.
5. The National Code A~uthority shall use its influence and goodl
offices to arbitrated disputes etwee\Tt~ n members of the Industrv and~
membler~s of other Industries.

ARTIICLE X--GENTERAL
1. Employees shall have the right to organnize and bur~gain col-
lectively through representatives of their own choosing, and shall be
free from interference, restraint, or coercion of employers of labor,
or their agents, in the designation of such reprlesenltatives or in self-







313


organization or in other conicerted~ netiv~ities for thle purpose'~t of col-
lective bargaimngn or othel Ir mtuanl aitd or protection..
2. No emnploye~e andt no onie seeking~ ensplayinent~!.11 .shall be required
as a condition of emplloymencnt to join any! company,111~ Iliunio orI to reC-
frain fromt joining, organnizingf or assis~ting~ ;1 Inbor,1 organlizatfion of
his own choosing; andC
3. Emnployer~s shall comply w~ith the maxc7imumlll hoursI' of Inb)Or,
miniiunmu rates of pay, andl other conditions~ oIf clllnp,. llrloym nt aprov\ed-
or prescribed by thle Presidlent.
41. This Code anid all the provisio-ns thereo~c f arec exreslylc~S madi~e
subject to the right of thle President, illn ac~cordanlice w\ithi the prov,\isionn
of sub-section (b) of Sec~tion 10 of thle Nat;7ional Illullustrial Recovet~ry\
Act, from time to timie to cancel or mod~ify any1! ordter, apprloval,
license, rule or regulation issued undler title 1 o~f n;idi Act and~ sple-
cifically, bult without limitation, to the r~ightt of thle Presidelntt to- ex~lcel
or modify his approval of this Code or anyS C'onCitionsl implloCed by
hil ulpon1 hli alpproval ther~eof.
5. No provision of this Code shall be interpr~iete d or Ilppliedl inl luch
a manner as to promote monopolies or moniopol ist ic pr'c~t ices~~; permiit
or encoulrage unfair comlpetitionl, eliminate, dli.cr~iminat agaist,
oppress small enterprises.
6. Such of the provisions of this Codle aIs are not required to be
included therein by the National Industr~ial Re~overy Act. mnya, w~ith
the approval of the Pr~esident, be modified or elimninate~d asi chlang~es
in circumnstance s or exp~eriences may~) indieinte. It is contempintedt~ c
that from timle to time supp~lemen tary? prov,\isionsl to this Code will
be submitted for the appr~ova~l of th~e Presidlent, after sulch heaing Iils
as he miny prescribe, toc prevent unfair comp!etitio ni in price and other
unfair anid destructive comnpetitive practices and to effiectuiate the
other purposes and policies of Title 1 of the National Indusi~trial
Recoveryv Act consistent with the pr~ovisions thereof.
7. Each corporation, partnership, or indlividual doingr business as
a separate entity and having become a member of this Code as indi-
cated by his written assent thereto, shall have onet v.ote in th~e affairs
of this Industry.
8. This codle shall become effective uponi the second nlondlay after
its approval by the President.
Approvedl Code No. 306.
Registry N'o. 1013-13.




UNIVERSITY OF FLORIDA
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