Code of fair competition for the concrete pipe manufacturing industry as approved on December 30, 1933 by President Roosevelt

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Title:
Code of fair competition for the concrete pipe manufacturing industry as approved on December 30, 1933 by President Roosevelt
Physical Description:
p.497-509 : ; 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:
Pipe, Concrete -- 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.185 ; Registry No.1014-1-01".

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851314
oclc - 63655013
System ID:
AA00006544:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




C ODE OF FAIR C OMPE TITION

FOR THE


CONCRETE PIPE

MANUFACTURING INDUSTRY

AS APPROVED ON DECEMBER 30, 1933
BY
PRESIDENT ROOSEVELT


II I
Fbr deb by the Superintendenr of Documents, Washington, D.C. P Irice 5 cnte


App eve~d Code No. 185


Registry No. 1014--1--01


n-1.





2.
8.


WD DO OUR PART


Executive Order
Letter of Transmittal
Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.O., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE D)EPARTTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Buildinlg.
Birmuinghamz, Ala.: 257 Federal Building.
B3oston, IMass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commeree Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamlllber of Commerce B~uilding.
Detroit, M"ich.: 2213 First National Bunk Buildingo.
Houston, Tex.: Chamlber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, M~o.: 1028 Baltimore Avenue.
.Los Angeles, Calif.: 1163 South Broa~dway.
Louisville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Roomn 225-A, Custombouse.
New York, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Comnmercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Oliv~e Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W\ash.: 809 Fedleral Building.













Approved Code No. 185


CODE OF FAIRR COMPETITION
FOR THE[

C ONC RIETE1 PTIP~E M[ANUFAC TURI[NG XINDUSTR'Y

As Approved on December 30, 1933


PRESIDENT ]ROOS1EVE1LT






]Executive Order

An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Concrete Pipe Mlanufacturing Indus-
try, and hearie having been heldl thereon and the Administrator
having rendre his report containing an analysis of the Code of
Fair Competition together with his recommendations and findings
with respect thereto, and the Administrator having found that the
said Code of Fair Competition complies in all respects with the
pertinent provisions of Title I of said Act and that the requirements
of Clauses (1) and (2) of Subsection (a) of Section 3 of the said Act
have been met:
NOWT, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by Title
I of the National Industrial Recovery Act, approved June 16, 1939,
and otheprwisel do approve the report and recommendations and
adopt the findings of the Administrator and do order tha~t the said
Code of Fair Competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended :
Hoon S. JoI-NSON
A dmin it rator.
THE WHTYE HOUSE,
December 30, 1933.


20547"-296-205---84


(49y)












I)ECE11BER 13, 1933.
The PRE~SIIEEF
Thie Wh to H1iouse.
Sm~: This is a report on. the Code of F~air Competition for the
Concrete Pipe Manufacturing Industry, a hearing on which was con-
ducted in Washington on the twenty-eightth of November 1933, in
accordance wih the provisions of the National Industrial Recovery
Act.
PROVISIONSI OF THE CODE AeS TO WAGEs AND Ho0URS

This Code provides for a w~ork: wFeek of not more than forty hours
as an average over any three months period, nor more than fortyv-
eight hours mn anly one week. Exceptions to these limitations on
work~intg hours are provided for those engaged in. managerial, execu-
tive, or supervisory capacities earning ove $30.0 o er $3500 e
week depending on population. urhrecponaeprmte
for crane operators, machine operators, foremen, watchmen, truck-
men, accounting, clerical and oflice employees, outside salesmen, and
shipping clerks; for which classifications wider latitudes are
permitted.
T'he maximum 8-hiour work dayT and 6-dayT week is established and,
with the exception of clerical and oflbee employees and watchmen,
all employees working longer than these limits are to be paid at the
rate of time and one, third therefore.
Thi Coe provides for a minimum wage of thirty-seven cents
per hour in te Nortern 'and twentyr-seven cents per hour in the
Southern States; these minimum rates being in effect whether em-
ployees are compensated on a time rate, pi~ce~ work, or other basis.
Accuntngcleica, ad ofic emloees are to be paid not less
than $14.00, $1L4.50, or $15.00 per weedpnigo ouain
Rates of pay in excess of the minimum are to be increased to pre-
serve equitable differentialsj.
No person under eighteen years of agle shall be employed in the
Industry, and employers are required to provide for th~e welfare
and safety of their employees.
]Ecoionomo EFFECTS OF THIE CODE

The volume of concrete pipe manufactured in this country has
shown a steady decline since 1928, the production during 1933 being
only about half that in 1928. The number of employees engaged has
likewise decreased from about 4,300 to 1,200 during this period, and
in, many inlstances very- low wages have been paid.
This industry involves the making of concrete pipe and concrete
drain tile; and plants are located in tow ns and cities in every section
of the country. Any improvement in conditions in this industry
(498)





499


will be felt throughout the country to th extent of the size of this
industry.
It is estimated that the labor provisions in the Cod-e, coupled with
improved trade practices provided for, will result in increased wFages
of at least 20Sr, and in. some instances as high as 50%L~ to 75%0 ; and
that employment wpill be increased by perhaps 20%~ with the existing
volume of business.
FINDINGS' S

I find that:
(a) The Code as recommendled complies in all respects with the
pertinent provisions of Title I of thie Act, includcing,a without limita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
thereof ; and that
(b) he aplicnt goupimposes no inequitable restrictions on
admi~sio to membe rshiptherein and is truly representative of the
Concrete Pipe Mfanufacturingr Industry; and that
(c) The C'ode as recommended is not designed to promote monopo-
lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully,
]Huan 8. JoHNson,
Administrators.














FOR THIE
CONCRETE PIPE IMANUFAC'TURI[NG INDUSTRY


AR'rICL.F I-RP(nroES

To effectuate the policies of Title I of the National Industrial Re-
covery A~ct, the following provisions are established as a Code of
Fa~ir Competition for the Cloncrete Pipe Manufatcturing Indust~ry
and shall be thne standard of fair competition for such industry and
shall be, binding upon evetryS member thereof.
ARTICLE IIL -DEFINITIONS

The term Concrete Pipe Manufacturing Industry as used
herein includes the manufacture, and sale by those who manufac-
ture, of cement or concrete drain tile, cement pipe, concrete pipe,
or reinforced concrete pipe of any type.
The term employee as used herein includes anyone, except, a
membervn of teindstry, engaed in the industry in any: ca pacity
recevin comenstionforhisservices, irrespective of the nature
or method of payment of such compllenlsation.
The term em~ploTe~r as used herein includes anyone by whlom
any such employee is compensated or employed.
The term member of thne industry includes anyone engaged in
the industry as above defined, either as an employer or on. his own
behalf.
The terms Presidelnt ", "Act ", and "Admninistrator ", as used
herein shall mean, respectively, the President of the United St at es,
Title I: of the N~ational Industrial Recovery Act, and the Admninis-
trat~or for Industrial Rtecovery.
Cranle Operators shall be considered to include the operators
of locomotive, tractor, ganrtry, or overhead cranes, derricks, or any
other type of cranes or equipment regularly used for the handling
of raw asterials, work in process, or finished products in connection
with concrete--pipe plants.
Machine Operators shall be meant to include, specially skilled
employees trained to operate an~y of the various types of machines
such as tamping, centrifugal, p~ach~erhead, etc., regularly used in the
manufacture of concrete pipe.
Population for the purpose of this Code shall be determined by
reference to the 1930 Federal Census.
(5oo)


CODE OF FAIR COMPETITION






501


AnRicanL III--Hous

1. No employee shaUl be permitted to work in excess of a mraximum
average of forty hours per w~eeki during any three, months' calendar
period nor more than forty-eight hours in. any week in such period
nor more than eight hours in any one day, except as provided for
elsew-here in this Code.
2,. The maximum hours established in the foregoing section shall
not apply to the following:
(a) Persons engaged in managerial, executive, or supervisory
capacities and earnling regularly at least $3~5.00 per week in, cities of
5,00,0 population or over, or inz thne immediate trade area of such
cities, or at least $30.00 in cities of less than 5,000 population.
(b) Crane operators, machine operators, and foremen, which
employees may be permnitted to work an additional six hours per
week;.
(c) W'atchmen, provided that no such employee shall be per-
mitted to work more than sixty-four hours per week.
(dl) Truckmen, provided that such employees shall not be per-
miitted to work more than fifty-four hours per w~eek.
3. Accounting, clerical, or office employees shall not be permitted
to wFork in any office or any place or manner for more th-an forty
hours in any one week, except as providled in the following sec-
tion (4).
4. The maximum hours established in the foregfoing section shall
not apply to:
(a) Accounting, clerical, or office employees in establishments em-
ploymng not more than two persons in towns of less than 2,500 popu-
lation, which towns are not part of a larger trade area.
(b) Outside: salesmen.
(c) Shipping clerks, provided that no such emnployee shall be
permitted to work in excess of fifty-two hours in any) one week.
5. Limitation on co~ntin~uous wok~.--No employee shall be per-
mitted to work more than six days in any seven-day period.
6. Persons employed longer than eight consecutive hours per day,
except those employed in clerical and office capacities and watchmen,
shall be paid not less than one and one third times the normal rate
for all hours worked in excess of eight hours per day.
7. Persons employed on Sundays or legal holidays, except those
employed in clerical or office capacities and~ watchmen, shall be paid
not less than one and one third times the normal rate for such work.
8. Mlazimum hours for working em~ployler.-Employers w~ho per-
sonally perform manual labor or are engaged in mechanical opera-
tions shall not exceed the above-prescribed maximum number of
hours.
9,. No employer shall knowingly permit any employee to work for
any time which when totaled with that already performed with
another employer or employers exceeds the me ximum permitted
hieremn.
ARTICLE 17- TTAGES

1. No employee shall be paid less than thirty-seven cents per hour
except in the following States: Alabama, Arkansas, Florida, Gieorgia,





502


KentckyLouiiana Misissipi, orth Carolina, South Carolina,
OKnhm aclJ~ Tesnnese, Texasis, and Virginia, in which states no em-
ploy~ee shall be paid less thnan twenty-sevecn cents per hour.
2.No accounti~ng clerical, or office employee shall be paid at less
than the minimum rates hereby established which are as followBCs:
$15.00 per wrceek in any city of over 500,000 population or in the im-
medliate, trade area of such city; $14.50 per week in any city of be-
twFpeen 250,000) and 500,000 population or m. tht~e immediate trade areta
of such city; or $14.00 per week intf~ any it hain auc poultio ls
than 250,000 or in the immedtiate taeae sc iy
3. This Article establishes a mirnimum? rate of pay regardless of
whether an employee is compensated on a time rate, piecework, or
other basis.
4. Female employees p~erforming substantially th~e same wPJork as
male employees shall receive the same rate of pay as male employees.
5. Wages shall be paid at least twice a month, and all salaries at
least once a mon)ltht in cash or by negotiable check:
6. To the extent prnecticable, earnings shall not be dec~reased; and
rates of pay in excess of th7e minimrumn herein precrcibed~ shall be
increased so as to preserve equitable differentials.
An~rcl;E V---GrENERAL LABOR PKnovISIONsJ

1. No person under eighltteen years of age shall be em~ployedt in
the industry.
2. Employees shall have th-e right to orrganize and bargain col-
lectively through r~epresnt~tativoes 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-organirzation or in. other concerted activities f~or the pur-
pose of collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of emplloymlent to jomn anyT complain union or to re-
framn from joinmng, orgamizmg, or assisting a labor organization of
his own choosing and
4. Employers shall comply with the maxzimum hours of labor,
mninimlum rates of pay, and other conditions of employment, ap-
provecd or prescribed by the President.
5. Within eachc State this Code shall not supersede any la ws of
such State imposing maore stringent requirements on an emplloyrer
regulating the age of employees, wages, hours of work, or health.
fire, or general working conditions than under this Code.
6. Employers shall not reclassify emp~loyetes or dlutiesi of occuzpa-
tions p~erformled by employees or engage in any other subterfuge for
the purpose of defeatingr the purposes or provisions of the Act or of
this Code.
7. Each employer shall post in consp-icuo~us places, easily ncessible
to-employees, full copies of this Code.
8. Each employer shall provide for the welfare and safety of h~is
employees. He shall not be relieved from complying with. all Na-
tional, State, and local ord;inances or prvcisionsr~ of safetty me~nsur~es
referring to safety and health. measllt ures an the werlfar~e of emplloyees
insofar as the same may apply to a special typle of work, anld sh~all





503


protect his employees by workmen's compensation insurannce accord-
mng to the amounts reqjulred in the: State of jurisdiction or thre United
States Employees' Comnpensatio n Insuranice, if that Statce has not
established a complensation scheme for this Indlustry.
A~RrlCLE VI-ADMINIIISTRATION
SECTION 1--The app~licant, organization (The American Concre~te
Pipe Institute)! shall, with the approval of the President, establish
and empow~er, in the manner hereinafter described, a suitable ag3eny,
named Concrete Pipe Code Authority, hereinafter referred to as the
Code Authority, to administer t.hlis cod e in comnplia nce with the provi-
sions of the Act unider the authority of thne President.
SEC. 2. Part icipat io~.-Partic ipa~ti on in this Code as a basis for
fair trade practice shall be extended to any individual, partnership,
corporation, or other person now enlgag~ed or which may thereafter
engage in the manufacture of concretecs pipe nd each memer of the
industry shall pay his fair share ofthcoto diiernte
Codle.
SEc. 3. Districtinlg for Purpyose of Election.-WFithin sixty days
after the approval olf this code by the President the applicant orgatn-
ization! (The Amlerican Concrete Pipe Instituzte) shalll, subject to th-e
approval of the Admninistrator, divide the United States into nine
geographical districts, to serve as dist~ic~ts for the election of mem-
bers of the Code Authiority.
SEc. 4. ElectCiOnl of rode A uthor7it y.-A. TImmediately after the
establishment of the nine districts referred to in Section 3, the ap-
plicant organization shall for each district mail to each mnanu-
facturer, of which it has record to his last known address, notice
of a meeting of the members of the industry for that dis-
trict to be held at such time and place in the district as the
applicant shall elect and with such notice it shall mail a copy of the
cod~e as appr~ovedl by the President and a statement of the purpose
of the meeting which shall be. to elect a member of the Code Author-
ity to represent that district and to serve until the first Tuesday
after the second M~onday in February 1935. There shall also be
mailed with the notice a blank formi for letter ballot for the pur-
pose of election. At the meeting so called, nominees may be place
In nomination and a vote by written ballot shallbeten An
manufacturer not attending the meeting may vote by letter ballot,
samie to be received at the offce of the applicant organization up to
the time of the meeting, for the nominee of his choice and the secre-
tary of the applicant organization shall make a certified report to
the meeting of the ballots cast, both by letter and at the meeting.
B. The individual receiving the majority of all the votes cast (as
defined in Section 7" of this Article) shall be determined elected
and shall function as the member of the Code Authority from that
district until his successor has been elected and has qualified.
C. On the first Tuesday after the second Mronday in February
of each year beginning with 1935 a meeting of th~e members of the
industry of each district shall be called by thle Code Authority in
thie manner outlined in Paragraph A of thiis Section for the pur-
pose of electing a member of the Code Authority for a term of one





504


year, and the Secretary of the said district meeting shall poll the
otects and shall file a certified report thereof with the Code
AuthorityT.
SEc. 5. Personnel of Code Aulth~ority.--A. The Code Au~thorit~y
shall consist of 14 members representing the industry and from one
to three members without vote to be appointed by the Aidministrator
to represent the Government. Mem~betrs so appointed by the Ad-
m-inistrator to represent the Government are to be appointed for
terms of from six months to one year and such terms of app~oint-
ment are to be arranged so that they do not expire at the samne
time. The membership of the Code Authority representing the
industry shall be determined by the election of one member from
each of the nine districts referred to in Section 3 above. The nine
so e~lectedl shall within. two weeks after their election, hold aL meet-
ing and elect threat five additional members from the industry~
at large.
B. The Code Authority first elected shall hold office until F'ebrul-
ary 15, 1935; thereafter members shall hold office for one year or
until their successors shall have been elected and have qualified.
C. Vacancies on the Code Authority shall be filed by special
elections called for that purpose in. the district for which the vacancy
exists.
D. When a district fails to elect a member for the Code Authority,
the members elected from other districts shall, at a meeting called
for the purpose, elect a member from the district which. has ~failed to
take such action.
SEc. 6.-A~C. Eight of the voting members of the Code Authority
shall constitute a quorum.
B3. At meetings of the Code Authority all questions shall be
decided by a majority vote of the members present.
SEc. 7. VCotin2g Power.-A. At any meeting of the m~emrbers of a
district or region and for the purpose of any letter ballot, each mem-
ber shall be entitled to one vote for each 5,000 tons of concrete pipe:
of all classes produced by him in that district during the calendar
year preceding such election; provided, however, that where a mem-
ber has been in business during less than one year preceding such
election, he shall be entitled to (1/12) one twelfth of one vote for
each 417 tons produced per month during such period; and pr~ovided
further, that no member shall have less than one vote. A list shall
be kept by the Code Authority showing the number of votes to which
each member of the industry is entitled. ]Fractions shall be dis-
regarded, and in case a dispute shall arise as to tlhe number of votes
to which any member shall be entitled, the decision of the Code
Ae~ut~hority then in power as to the number of such votes shall be final
anld conclusive upon such members.
B. Each member of the industry shall, upon approval of this Code
by the President, file with the applicant organization (The Ameri-
can Concrete Pipe Institute) a sworn statement showFingr the amount
of concrete pipe of all classes produced by him during eachl of the
three years ending with Declember 31, 1932, or such part of such
period as he has been in business. The number of votes for the pur-
pose of election of the first Code Authority shall be based on the
average annual tonnage for this three-year period. WChere a mem-





505


ber has not been inl business during this thlree-yeanr per~iod~ prior to
December 31, 1932. the period over whrichl he~ opera~nted- prior to this
date shall be used to determine the average annual tonnage; and
for a member who has op~eranted only since Decemnber 31, 1932~, his
average smece this date shall be used. If a manufacturer operates
more than one plant, t~he swor~n statement preferred to above shall
show the tonnage produced at each plant location.
C. The determining vote at anry meeting of the members on any
proposition shall be by a manjority of the number of qualified votes,
as defined in 1Paragraph A of this Section, present at the mneetinga.
SEC. 8. Muil88.--The Code Authorit~y shall be the general planning
and coordinating agency for the industry. It shall be empowered by
t~he industry to act for it, conclusively in respect to all mantter~s before
the Code Authority for consideration and within its jurisdiction.
It shall have powers and duties as provided herein, and, in addi-
tion thereto, it shall:
A. From time to time require such reports from members as in
its judgment, subject to the right of thie Administrator on review
to disapprove; or in, the judgment of the President m~ay be neces-
sary to advise it adequately of the administration and enforcement
of the provisions of thiis Code.
Bl. Up)on complaint of interested parties or on its own initiative,
make such inquiry and investigation into the operation of the code
as may be necessary.
C. jElect such o~fi~cers and, subject to the right of the Administrator
on review to disapprove its action, make such rules and regulations
as are necessary for the admiinistration and enforcement of this
Code, including the appointment of such subcommittees and agents
as are required to properlyr effectulate the purposes of the Code, p ro-
vided, however, that the Code A~uthority shall not be relieved of its
responsibility and that such subcommittees or agents shall comply
with all applicable provisions of this Code.
D. With the approval of thle President, organize such regions as
the manufacturers within a: given territory shall elect and provide
that each region shall administer within its confines this Code and
any supplemental code that may be adopted therefore.
E. Prepare, with thle approval of the Administrator after such
notice and hearing as he may require, the uniform system or sys-
tems of cost accounting for the use of manufacturers to enable them
to work effectively under Article VIII, Section 8.
SEc. 9. Regional Olga~nizations.-Each region which shall be estab-
lished under the provisions of Section 8, Paragraph D, of this Article
shall organize and function as follows:
A. Regional Administrative C:o mrrit tee.-The Code Authority
shall call a meeting in each region by giving at least ten days writ-
ten notice thereof to be held at such convenient location within the
region as it may decide for the purpose of electing a Regional Ad-
mlinistrat~ive Committee of five individuals representing members
of the industry, to be elected as provided for hereafter. The initial
members of each Regional Aldminist~rative Committee shall serve
until January 15, 1935. Thereafter, the Regional Administrative
Committee shall cause to be called on or before January 15 of each
year an annual meeting of the members of the industry within the






506


region for the purpose of electing a Regional Administrative
Com m ittee.
]B. All voting at meetings of mIembers of regional organizations
for purposes of election shall be by written ballot and members not
in attendance shall submit their ballot byT letter.
C. Fior the purpose of electing members of the Regional Admin-
istrative Committee or for any other purpose requiring the vote
of the members within a region, thie voting power shall be as pro-
vided for in Article VI[, Section 7. The Code Aut~horityS shall cer-
tify to the Regional Administrative Committee the number of votes
to which each member of the Industry is entitled.
D. The Regional Administrative Comrmitte~e mlay, where desirable
prepare a supplemental code covering such fair trade practices and
regulations as pertain to the particular region. After preparation
such code shall be submitted to the Code Author~ity for appr)oval and
forwarded by it to the ACdministration. Upon its final approval by
the President such supplemental code shall become the supplemental
rules of fair practice for the region for which it is intended.
E. The Regional Admninistrative Committee, subject to appeal to
the Code Authority and to the A~dministrator, shaUl administer this
National Code and any supplemental code which may be later ap-
proved for a particular region.
F. A Regional Administrativ-e Committee shall elect such officers
and make such rules and regulations as are necessary for the admin-
istration and enforcement of this Code and any supplemental code.
All1 such rules and regulations shall be approved by the C'ode Author-
ity, and may be reviewed and disapproved by the Administrator.
G.If for any required~ purpose a Regional Administrat~ive Com-
mittee fails to call a meeting of the members fromo that region, thirty
percent on a tonnage basis of th~e manufacturers of the region may
call a meeting by giving ten days written notice of the time, place,
anid purpose of such meeting to each member of the industry within
thne region.
SEc. 10. Assessments and EmpDenses.--A. The cost of operation of
the Code Authority shall be paid from monies collected by asse~ss-
ments made at such times as the Code Authority shall prescribe, the
assessment to be made on the following basis:
The basis for the first assessment shall be the average annual ton-
nage produced for the three-year period ending D~ecember 31, 1932,
or such part thereof as he has been engaged in this Industry as pro-
vided for in Article ~VI, Section 7, Paragraph B, and thereafter at
the end of each calendar year each member of the industry shall
file a sworn statement of the amount, on a tonnage basis, of concrete
pipe of all classes produced by him during the preceding calendar
ear. In. levying the assessment, the Code Authority shall divide
thee amount of money required by~ t~he total tonnagae of members of
the industry as at the end of the preceding calendar year, and each
member shall pazy his proportion, which shall be arrived at by
multiplying his total tonnage by the quotient.
B. Where a member of the industryy fails to file a statement of the
tonnage produced as required in Article VI, Sect~ion 7, B, or to make
payment of an assessmrent levied by the Codre Authority: or by a
regional administrative committee, as provided for herein within






5i07


sixty days from the date on which written notice is mailed, stating
the amount of the assessment, such failure to make payment shall.
be considered a violation of this C~ode.
SEC. 11. R8gionU~ ad??ibistration Expensecs.-All expenditures
for administration of thi Nr;ational Code shall be approved by the
Code Authority. Regional Administi-ative Committees shall pro-
vide ways and means of meeting their regional exp~enses and such
tpherovisions as they make therefore shall be! subject to the approval of
teCode Authority and all assessments levied by a Regional A~rd-
ministratie Committee shall be levied equitably upon all manufac-
turers on the basis~ of each. manufacturer's tonnage as certified to the
Code Authority.
ARTICLEa VTI- NATIONAL CONTROL COMMIITTEE

A. The Code A~uthzority shall appoint from the industry a KJa-
tional Control Committee of three members. Thae members of th~e
Code Atuthority appointed by the Admninistratojr pursuant to A5r-
ticle VI, Section 5-A, may sit with this Committee in an advisoryg
capacity without the power to vote. Tlhe National Control Com-
mattee shall exercise such authority as may be, or may have been
delegated to it by the Code Authority.
B. All communications and conferences of the Concrete ]Pipe In-
dustry with the Presidlent or with his agents concerning the ap-
proval or amendments of this Code or anyS of its provisions or anly
matters relating thereto shall be through t~he said National Control
Committee which shall be charged Fwith the duties, through agents
or otherwise, of considering proposals for amendment anrd making
recommend nations thereonl and approving recommendations for
exceptions to provisions of the Code.
C. The functions of this committee shall be the general planning
and coordinating for the concrete pipe industry and the cooperation
with similar boards of any other industry to the end of effecting a
balanced national economy.
ARTICLE VTIII-TRADE PRACTICEs

The following practices constitute unfair methods of competition
for members of the industry anld are prohibited:
1. False Miarkintg or Brandinzg.--The false marking or branding
of any product of the industry which has the tendency to mislead
or deceive customers or prospective customers, whether as to the
grade, quality, quantity, substance., character, nature, origin, size,
finish, or preparation of any product of t~he inidustryV, or otherwise.
2. M'isr~cprlesentfation orl False or MVisleading~c Advertisin~g.--The
making or causing or knowingly permitting to be made or published
any false, materially inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or the credit terms, values,
policies, or services of any member of the industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
prospective customers.






508


i3. Commercial Bribery.--No member of the Industry shall give,
permit to be given1, or directly offer to give, anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the business of the
employer of such employee, the principal of such agents or t~he
represented party, without th~e knowledge of such employer, princi-
paor party. This provision shall not be construed to prohibit
freand general distribution of articles commonly used for adver-
tising except. so far as such articles are actually used for commercial
bibe~i~cry as hrereinabov~e defined.
4. Interferecnce tith C~ontrlactuar l Relations.--Maliciously induc-
ing or attempting to induce the breach of an existing oral or written
contract between a competitor and hnis customer or source of supply,
or interfering with or obstructing the per~formrance of any such
contractual duties or services.
5. Defamation.--The defamation of competitors by falsely imput-
ing to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or by
the false disparagement of the grade or quality of their goods.
6. Espionage of Competitors.-Sec:uring confidential information
concerning the business of a competitor by a false or misleading
statement or by representation, by a false unper~sonation of one im
authority, by bribery, or by any other unfair method.
7. Shippmng or delivering products which do not conformn to thte
samples submitted or representations made prior to securmng the
orders or in case of public work to published specifications covering
the purchase of such products with the effect of deceiving or mis-
leading purchasers or competitors.
8. Th'le selling of or quoting onl industry products at prices and
on such terms that the prices of. such products at, wthe mlanufacturrer'
plant are below such manufacturer's cost. Such cost shall be de-
termined by the uniform system of cost accounting referred to in
Article VI[, Section. 8, subsection E, except that anly manufacturer
may sell at a price lower than such cost if necessary to meet a com-
petitive quotation. Such minimum prices shall not be established
so as to include more than the out-of-pocket cost for direct labor
and material at cost, plus charges to be determined by calculating
the percentage of plant utilization to capacity during the years 1929
to 1932, inclusive, and multiplying that percentage by the! total
overhead cost. Such total overhead cost shall not, however, include
the following items:
Any reserves other than for depreciation and/or depletion.
Interest ]Paid.
Executive Salaries in excess of $10,000 per annum for each
executive.
Salesmen's Salaries and Expenses.
COnilssionlS.
Advertising.
Other selling expenses.
9-A. The qunotingr on or selling of concrete pipe on any other price
basiS than per lineal foot.
B. In conformity with existing practice, paragraph A shall not
apply to cases where the manufacturer quotes or sells under pub-






509


lished specifications which d~o not permit option to the bidder as to
the form of his bid.
10. The renting or leasing by a member of the industry of forms
or others equipment for thle purpose of' manufacturing concrete pipe
to anyone exce t to another member of the~ indus~ryT.
11. Other an~ ir Practir~.-NRTothing in this Code shall limit the
effctof nya uditonb the! Courts or holding by the Fed~eral
Trade Commrission on complanfnig n reta n rc
tice or method is unfair, providing that uclrh adjud-icationn or holding
is not inconsistent writh any proi~sion of the Act or of this Code.
ARTICLE Tl 10\IDIFICATION

1. This Code and all the provisions thereof are expressly made
subject. to the right of the Presidlent, in accordance with the provi-
sions of subsectionl (b) of Section 10 of the National Industrial Re~-
covery Act, fromr time to time to cancel or modify any order, ap-
proval, license, rule, or regulation issued under Title I of said Act
and specifically, but without limitation, to th~e right of the President
to cancel or modify hris approval of this Code or any condition im-
posed by' him upon his approval thereof.
2. This Code, except as to provisions required by the Act, 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 and hearing, as he shall specify, and to become~ effective
on approval of the President.
ARTICLEE X-MO~NOPOLIES, E11o.

No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to elimiinate, oppress, or discriminate
against small enterprises.
ARTICLE XI-PRICE TNCREASES

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 price increases
should be delayed and that, when made, th~e samea should, so far as
reasonably possible, be limited to actual increases in the seller's costs.
ARTICLE XII--EFFECTn'B DATE

This Code shall become effective on the fifteenth day after its
approval by the President.
Approved Code No. 185.,
Registry No. 1014-1-01.




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