NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITIONS~
CANVAS GOODS INDUSTRY
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 ents
Approved Code No. 333
Registry No. 202--13
AS APPROVED ON MARCH 16, 1934
WE DO OUR PARTY
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1984
lhis Dublication 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 DEPARTMENT OF COM6MERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingh~am, Alal.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Bulffalo, N.Y.: Chamber of Commeree Building.
Charleston, 8.O.: Chamober of Commerce Building.
Chzicago, Ill.: Buite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 801 First National Bank Building.
H-ouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, M~o.: 102 Baltimore Avenue.
Ltosr Angeles, Calif.: 11163 South Broadway.
SLouis~ville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, M~Binni.: 213 Federal Building.
New Orleans. L~a.: Room 225-A, Custombouse.
New York, N.Y.: TS4 Custombouse.
Norfolk-, Va.: 406 East Plume Street.
Philadelp~hia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chiamber of Commerce Building.
Portianll, Oreg.: 215 New Post Office Building.
St. Louis, Mlo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W'ash.: 809 Federal Office Building.
Approved Code No. 333
COD)E: OF FAIR: COMPIETITIION
CANVAS GOODS ]`INUISTRI~Y
As Approved on March 16, 1934
ArIrnovrwoa CoDE or FBI COM\P~ETITZION ~FOR THE CANVAS GrOOD
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 approval of at Code of
~Fair Cometition for the Canvas Goods Industry, and hearings:
having been duly held threreon. and the annexed report on said C~ode,
containing findings with respect thereto, having bee n made and
directed to th~e President:
NOW THIEREF"ORIE, on behalf of thbe Pre~sident of the U7nited
States, i, Hugh 8. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested iln me by Executive Orders of the
President, including Executive Order N~o. 65 43-AC~, dated December
30, 1933, and otherwise* do heeb incorporate by refernce .said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Ttle of said Act; anzd do hereby order that said Code of'
Fair Competition be and it is hereby approvedl; provided, however,
that the provisions of Article VII, Section B-4-, insofar as they,
nprescribe. a1 waiting period btwee hR.p tIhe filing~ with the Code Author-
ity and the effective date of revised price lists or revised terms and
conditions of sale be and they are heret3by stayed pending mgy further
order either within a period of 60 days from the effective date of this
Code or after the completion of a study of open price associations
now being conducted byT the Nat~ional Recovery Admnistration; f~ur-
thler provided that after a period of ninety days from the effective
diate, Ar1ticles III:1 and IV shall be review-ed upon such, notice and.
hearing as I may prescribe to determine whether revisions of said
Articles should be made.
FURTHER PROVIDIED, that uponl the approval of this Code
thter~e shall be established a colmmittee comp~osed of two representa-
t~ives appointed by th~e Labor Advisory Board and two representa-
tives of the Codle 'Authority for t.he Canvas Goods Industry to study
the labor conditions in this industry, and report to the Administrator
in regard there~to, within sixt~y days after the effective .date of this
HUGHr S. JoHNson,
Administrator for Industrial! Recovery.
Approval recommended :
A. D). WHFITESIDE,
March 16, 1934.
REPORT TO` THE PRESIDENT
The White Hio~use.
Sta: This is a report of the Hearing on the Code of F'air Com-
petition for the Canvas Goods Industry in the United States, con-
ducted in Washington, D.C., on Tuesday, November 28, 1933.
In accordance with the customary procedure every person who
filed a request for appearance was freely heard in public, and all
statutory and regulatory requirements were complied with.
TheCod whch s ataced as resented by the duly qualified
and authorized representatives of teidsrteNeinlTn
and Awning Mlianufacturers Association and the American Wholesale
Canvas Goods M~anufacturers Association, complying with the statu-
tory requirements as representing 66 percent of the retail manufac-
turers and 43 percent of the wholesale manufacturers in the indus-
try respectively, and 69 percent of the volume and 75 percent of the
volume of the two divisions of the industry respectively.
GENERAL CHABRACTERI~STICS OF THE INDUSTRY
It was brought out at the Hearing that there are two general types
of manufacturers in the Canvas Goods Industry
1. Those who manufacture canvas goods which are sold direct to
the consumer. This group not only mecludes the manufacturing of
canvas goods but also includes the installing, taking down, stor ng,
and repairing of a-wnings as well as the renting of tarpattlins, tents,
canopies and awnmngs and the dealing in made-to-measure awmings.
2. Those who manufacture canvas goods for resale purposes.
The Bureau of Census, Reports on Manufacturers for 1929, shows
the following with regard to the size of the various establishments
in the industry.
E~stabl ishmen ts___ ._ __ ___ ___ ____ __ 1, 002
Wage earners (average for the year). I, 162
Establishments employing 1 to 5 wage earners:
Establishments____ ____ ____ ___ __ ____ _____________ ti44
Total number of wage earners.- -_- __, __,,,_,___ 1, 951
Establishments employing 6 to 20 wage earners:
Establishments ____ ___ 268
Total number of wage earners ______,,,_,______ 2, 561
Establishments employing 21 to 50 wage earners:
Establishments_____ _____________ ___ ___ _______ _______ ____ 45
Total number of wage earners ____~__,_,____ 1, 361
Estabishmlents employing 51 to 100 wage earners:
Establishments __ ___ 7
Total number of wage earners-, 469
Establishments employing 101 to 250 wage earncers:
Establishments___ __ _ _
Total number of wage earners,,,-,,,,,, ________ 20
This same report shows that out of the total of 1,002 establish-
ments, 300 are corporations and 693 i~ndivcidual, partnerships, etc.
There are 4,287 wage earnersE employed by t~he corporations and
2,875 emp~loyed by individuals. partnerships, etc.
It fu~thler. show-s that inl 1929 there were 476 establishments that
havPe manufacturedt products valued from $5,000 to $19,999; 287,
from $20~,000l to $493,909; 134, valued from $50,000 to $99,999; 79
from $;100,00)0 to $240,999; 16, from $250,000 to $499,999; 9 from
half a million to $999,999; and) 1 establishment doing business over
one million a year.
The total value of the products for 1929 was $49,237,576; of
establishments owned by corporations, $31,445,003 was produced;
anld of establishments owned by individuals, partnerships, etc.,
The standard worki weekl for the Industry in the past has aver-
agied in excess of 50 hours per week. It waas further pointed out
that t~he Industry is a highly seasnal one, varying in different geo-
graphical sections of the Cfountry. In each instance, however, man-
ufacturers are called upon to fill hurried orders in a limited period
F'or several months prior to the date of the Hearing the two
groups in this industry had serius diflieulty in getting together
on a common ground to formulate a single Code, each group feeling
that the necessities arising out of the particular type of business
done by that group called for a broad difference in certain provisions
of their Code.
Unfortunately, a number of meetings were held at. which no agree-
mlent could be reached. After considerable work and effort, however,
and throughrl an unusual spirit of fairness tand spirit of give and
takie, agrl~eement was finally reached, thlereby formulating a Code
equ~itable to all and conforming to the purposes of t~he Act.
It havring been brought out that certain manufacturers of canvas
goods manufacture; their owvn canvas material under the provisions
of the Cotton TexItile Code, the minimm wages established for the
Canivas Goods Industry are similar to those provided for in the
Code for the Cotton T1exztile Industry.
It is est imated that the number of employees will be increased
20%; by the application of the hours of labor in this Code. The
pro~visio~ns covering hours of employment in this Industry call for
a forty (40) hour week with a moaxunum of forty-eight (48) hours
a week for any? ten consecutive weeks in each calendar year during
seasonal or peak demands.
The admmlist.rativer provisions of this Clode provide for a Code
Aulthority to admllinist~er those, provisions relating to both the retail
andi wholesale divisions ofE this Industry. For the administration of
th3e provisions applyinrr solely to the retail sectin of the Industry
ther is established tal etail YCanvas Goods Code Authority. Sim-
ilarly, for the wholesale section of this Industry there is established a
Wholesale Canvas Goods Code Authority. There are certain general
trade practices established which relate to the Industry as a whole.
There is established a system of open price listing based upon a
uniform system of cost accounting. Ilt is stipulated, however, thatE
full details concerning a uniform cost accounting system and methods
of cost finding shall be made available to all members of the, Indus-
tmry selling at retail. All members of the Indusctry sellingr primarilgl
at retail shaoll determine costs on all products sold by them in accord-
ance with the principles of such methods.
The Deputy Admmnistrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-(
ceedingrs in this matter;
I find that:
(a) Said Code is well designed to promote thne policies and pur-
poses of Tit~le I[ of the National Industrial Recovery Act, including:
removal of o~bstrulctions to thne free flow of interstate and foreign
commneree which tend to diminishl the amnounrt thereof and will pro-i
vide for the general welfare by promoting the organizations of in-
dustry for the purpose of cooperativre action among the trade groups,
by inducing an maintaining united action of labor and mannagemnent
under azdequat~e g~overnmental sanctions and supervPision, by elimni-
nating unfair competitive practices, by promoting the fullest pos-
.sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
ponra~rly requlired),l by incressmgnr the: consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducinga and relievingp unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Indlustry normally employs not more than 50,000
employees; anld is not classified by me as a, major industry.
(c) Thie. Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 8, Subsection (a) of Section 7, and
Subsection (b) of Section 110 thereof; and that the applicant asso-
ciations are industrial associations truly representative of the afore-
said Indust~ry; andl that said associations impose no inequitable
restrictions on admission to membership therein.
(d) TPhe Ctode is not designed to and will not permit monopolies or
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) ThCZose engaged in other steps of' the economic process have not
been deprived of the right to be heard prior to approval of said
F~or these reasons, the Code has been approved.
HIUGK S. JOHNSON,
MiAncu 16, 1934.
CODE OF FALIR COMPETITION FOR THE CANVAS
To effectuate the policies of Title. I of the National Industrial
Recovery Act, the following provisions are established as a C~ode
of Fair Clompetition for the C~anvas Goods Industry, and shall be the
standard of f~air competition for such Industry and shall be binding
upon every member thereof.
1_. The terml Canvas Goods Industry or Industry," as used
herein, includes thle .manufacturing and, when done by the manufac-
turer, the selling and/or distributing at wholesale or retail of canvas
articles such as made-to-measure and stock awnings, canopies, tatr-
paulins, paulins, cotton picker sacks, truck and wagon covers, tents,
sails, hatch covers, and other similar articles made of canvas such
as are cuistomiarily\ manufactured and sold by members of this Indus-
try; it also includes the business of installing made-to-measure awn-
ings, and maderl-to-measurerP canopieP s and the tak~ing dow~n, storing,
andI repairing of all awnings and canopies, and the renting of tar-
paulins, tents, canopies, and awnings; provided, however, that the
Installing of made-to-measure awnings and ma~e.-to-measure cano-
pies, when done by other than manufacturers, shall be exempt, from
all provisions of this Code except Articles III, IV, and V.
2. The termn "Cemployee"", as used herein, includes anyone engaged
in the industry mn any capacity receiving compensation for his serv-
ices, irrerpectlve of the nature or method of payment. of such com-
pe nsat io n.
3. Thne term employer ", as used herein, includes anyone by
whom any suchn employee is compensated or employed.
4. The term "member of thle industry includes anyone engaged
in the Industry as above defined, either as an, employer or on his
own behalf, but no one shall be deemed a member of th~e Industry
as to thoclse parts of his business or establishment not defined in
1Section 1. of this Article.
5. Thle terms '"President,"' "Act,"' and "Admi.~nistrator," as used
herein, mean respectively the President of the United States, Title
I of thie SNational Industrial Recovery Act, and the Administrator
for Industrial Recovery.
1. N~o empllloyee shall be permitted to work in excess of forty
(40) hours in any one week, except
(a) Executives, supervisors, and those in a managerial position,
and who receive thirty dollars ($30.00) or more per week, and out-
(b) Clerical and office employees (ot~her than those specified in
paragraph (a) preceding) receiving more than thirty-five dollars
($35.00) per week,
(c) Repair shop crews, clea~ners andl shipp-ing help, who shall be
permitted to work forty (40)! hours a week with a tolerance of 10
(d) Engineers, firemen, electricians, anid watchmnen, who shall be
p'ermittedl to work forty~-eighlt (48) hours per wFeek.
2. To takie enre of seasonal or peak demand, all emnployees miay
w\ork up to but. not mlore than for~ty-eigh~t (48) hours a week for
any ten consecutive weeks in each calendar year.
3. The maxsimum hours fixed in the foregoinga Sections sha~ll not;
apply to any employee on emlergency maintenance or emergency
repair work involving br~eakdown~s or protection of life or property,
but in any such special case at. least one and one-thiird times his
normln i rate shall be p~aid for hours worked in excess of the maxsimuml
hours herein provided.
1. N~o emlployee shall be paid less t~hun at the rate of thirty' cents
p~er hour inl the States of Alaryvland, West V'irginia, Virginia, Ken-
tucky, Tennessee, North Carolina, South Carolinra, Georgia, A~labama,
JIis~isi sipi. Florida, Arkansas, Louisiana, Oklahomia, Texias andl in
thle Distr~ict. of Columbia, and at the rate of tlhirty-t~wo) and one half
~enits (321.6i) per hour elsewhiere.
e. L~earners during a three weeks' period ar~e excepted from the
for~egoing provisions but shall be paidl not less than 80 per cent of
the mninimumll wFage andl shall be limited in number in any onie factory
to tenl per cenit (10:51) of the total number of employees in that
factor~y. A learner is defined as an em~ploe wh hasls wored e
than three (3) weeks in the Canvas GosInut.
3. This Article establishes a miniimumi rate of pay regardless of
whether anl employee is comnpensated on a time-rante, piecewo~k,, or
4. Female emlployees performing substantially the same w~orke as
miale empyloyees shall receive the samie rate of pay as male employees.
5. Emnploy'ees whose earning capneit~y is limited because of age,
ply'sical or mental handicap, or other infirmity, miay be em~plo~yed on
light. work at a wage below the miinimnum establishedl by Sect~ion 1
of this Article, if the employer obtains fr~om the State authlority,
dlesignrated by the U.S. Department of Labor, a cer~tifica~te authorizing
such~ person's employment at such wanges andi for such hours as shall
be stated in the certificate. Such authority shall be guided by thie
instructionss of the U.S. Department of Labor in issuiing certideates
to suchl plersonls. Each emnployer shall file mnonthly with thle Code
Aulthority a list of all such persons employed by him, showing the
wlages paid to, and the miaximnum hours of work for such employee.
6. Rates of pay in excess of the miinimumn hereinbefore pr~escribedd
shall be equitably adjusted in order to preserve equitable differentials.
All such adjustments made since June 16, 1933 shall be reported to
the Code Authority.
: ~]ARTICLE V~-GENERAL LABOR PROVISIONS
1. No pe~r on under~ sixteen- (16) years of age shall be employed
i5 the Ind~ustr~y and no person under eighteen (18) years of age shall
be eployed~'c'- at occulpatioss hazardouss in nature. or detrimental to
health. In any S~t::e an emnploy~er shall be deemed t.o hlave complied
wfIithl this pr~ovislon if he shall have on file a certificate or permit
dulily isirued by~ thle authority in such State empowered to issue emi-
pnloymeP~t, nt r age certificates or permits,~ showing that the employee
.is olf the required,agSe.
2. 'Employees shall hlave the righlt to orgianize and bargain collec-
tivetly thrlough rep~resentattives of their own choosing, and shall be
free from thec interference, restraint, or coercion of emlployers of
Ilabor, or their agents, in, the designation of such representatives or
in se'lf-ol,rgnization or in other concerted activities for the purpose
of c~ollective bargaining or other mutual aidl or protection.
3. No employee and nro one seeking emiploymient shall be required
as a coallitonn of employment to join anly company union or to re-
frinm from joirlnrng organizing, or assisting a labor organization of
h is own cholcosin g.
4. Mlemlberss of the Indlustry shall comply with t~he maximum hours
of Ilabor, miinimuim rates of pay, and other conditions of employ-
.ment, as app~roved or prescribed by the Presidlent.
5. Wlith the exrception of one individual per member of the Indus-
try, all memlberrs of any iridividual proprietorship, partnership, asso-
cintio~n, or corp~orantio n, although connected with such member as a
co-owvner, partner, stockhlolder, officer or director, if engaged in any
process of direct manufai"cture of th~e products of the Industry, shall
b ou~nd by the above schedules of hours of work and rates of pay,
regardless of suchl pjroprliet~ory interests.
6.~ Wiithin each SCtate or thle Dist~rict of Columbia, thlis Code shall
not supersede any laws of such~ State or District imposing more
stliiringnt. requliremnts~ on employers regllat~inga the ag~e of employees,
wages. hours of work, or health, fire, or general workingr conditions
than those pIOroided~T und1~er this Code.
7. Employers shall not reclassify employees or duties of occupa-
tionsl 1perforlmed by employees or engaagre in any other subterfuge so
as to defeat the pulrposes of the Act.
8. No employee shall' work or be permittedl to work for a total
numb~ler of hours in ecec~ss of the number of hours prescribed whether
erupklilyed by o~ne or more employers.
9. Every employer shall make reasonable provisions for the safety
and hralt'h o~f his emplloyees at t~he place andl urliingr the hours o
their emlployertnt. Standalrd- s for safet~Y aind helnthlf~ hall be sub
mitted by' t'he Clodel Aulthor~ity to the Amnsrtrfrapoa
within six mionth~s offer the eff$ective date of this Code.
10. Eaich emlployer shall yost in conspicuous places in his plant
and office full copies of Alrticles II, III, IV, and V of this Code.
1. There is hereby created a Code Authority for the Canvas Goods
Industry to consist of three persons, each with one v~ote, to be
selected by t.he National Tent and Awning M~anufacturers A-ssociar-
tion, Inc., three persons, each wit~h one vote., to be selected by the
American Wholesale Canvas Goods Mianufacturers Association, and
one or miore persons, without vote, to represent the Administrator,
to be appointed by himi, and to serve without expense to the Industry.
2. The National Tent. and~ A~ning Manufactulrers Association,
Inc., and the American W~holesale Caanvas Goodls M~anufacturers
Association and any other trade association participjatmng in this
(a) impose no inequitable restrictions on miembership, and
(b) submit to the Administrator true copies of their res~pective
articles of Association, by-la ws, regulations, and any amendmelnts, if
and when mnade thereto, together with suich other information as to
membership, organization, andi activities as the Adminilstrator may
deem necessary? to effectuate the purposes of the A..ct.
3. In order' that the replpresetatives on the Code Authority shall
at all times be truly~F representative of the Indlustry and inJ other re-
spects comply with the provisions of the Act, the Admlinistrator may
provide such hear~ings as he miay deern proper; and thereafter if he
shall find that such representatives are not truly represenltative or
do not in other respects complly with the provisions of th~e A~ct, he
ma require an app~clropiate modificationn in the mnet~hod of selection
of such represent~at.ive~s. .
4. For the purpose of admin~isteringa this Code, thre shall be
recognized two Sections of t.he Industr~y as follows:
(a) A retail section which shaill include t~he installing of made-to-
measure ownings and mnade-to-measure ca nopies and the. taking down,
storing, and repair~ing of all awnnings and canopies and the rentinga
of tarp~aulins, tents, canopies, and awnings and all transactions
where t~he pr~oducts mentioned in Section 1 of Article II are sold
direct to the conlsumler by a member of the industry except as set
forthi in sub-section (b) next following.
(b) A wholesale section wh~iich shall include all transactions where
thle products mentioned in Sectioni 1 of Art~icle II are sold by a
member of the industry for resale or to industrial consumers otherr
than small industrial consumers), steamn and electric railroads, and
federal, state and large mnunicipal governmiental agencies.
Thle Code Author~ity, wFith the approval of the Admlinistrator, shall
determline and cla7ssify into thle groups or classes above mentioned
the purchasers of the products of this Industry.
5. A Retail Canvans Gtoods Code Aluthority, to consist of thie three
persons on the Code Autlority elected by the National Tenit and
Aw~ningi Manufarctul~rers Association, Inc., together with t~he person
or persons to be selected by the Administr~ator, is her~eby created the
agency to administer the provisions of thiis Code in cooperation withl
the Admninistrantor insofar as such provisions pertain to the Ret~ail
Section of the Industry as hereinbefore defined.
6. A WTholesale Canv1as G~oods Code Authlority, to consist of the
three persons on thle Code Authority selected by the Ameriann
Wholesale Canvas Goods M~anufacturers Association, together with
the periion or persons to be selected by thle Administrator, is hereby
created thle agencyl to admlinisterr the p~rov-isions of this Code insofar
as such provisions pertain to the W\holesale Section of the Industry
as herecinbefore dlefned.
7. Thle Code Authorityv may inc~or~or~ate as a corporation not for
profit. The Retail Canivas Goodls C`ode Authority and the W'lhole-
sale Canvas Goods Code Auth~ority may also incorporate as corpora-
tions not for profit.
8. Nothinga contained in this Clode shall constitute the members
of any -of tohe various Code Authorities partners for any purpose,
nor shall any member of any of the various Code Authorities be
liable in any manner to any) one for any act of any other member,
officer, agent, or emlployee of any of the vario~us C'ode Authlorities.
Nor shall any member of any of the various Code Authorities exer-
cising reasonable diligence mn th~e conduct of his duties hereunder
be liable to any one for any acrt or o-mission to act under thiis C'ode,
except for hiss ow~n willful mnisfensance or non-feasanice.
9. To the extent permitted by the Act, the PRetail Canva;s Groods
Code Authority is hereby emp~owered:
(a) to collect such reports and statistiedl data fromll mlembe~)rs of
tlhe industry rIegarding= thle Retail Sectionl of thle Industry as in its
judgmlentt may be necessaryr adequately to plan for the Indlustry and
adequately to admiinister and enforce th~e provisions of this Code.
(b) T~o coordinate! the admninist~rationl of the Retail Sectionl of t~he
Industry w-ith the administration of the Wh~olesfale Section of the
(nutr.c) Toi hear and, if possible, to adjusat compl~laints in regasrd to
violations of any pIrovisions of the Code (except Articles III, IV,
andi~ VT) insofar' as they pertain to the Retail Section of the
(d) T~o divide the United States into retail reg~ionls and.c'or zones
as may be necessary for thle proper admlilinistration of the retail
section of this Code.
(e) To mnake such delegation of its powers as miay' seem to it
desirablle. Nothing in sulch delegation shall relieve the Code Au-
thority of" any of its responsibilities ulnder the C`ode.
10. To the extent permittedl byl the Act, the W\holesale Canivas
Goods Code Authority is hercby emlpowered::
(a) To collect suich nrepor~t an1d sitatistical dlata fromi members
of the Ind~usEtry regarding thle W'holesale Section of thle Industry
as in its judgment miay be necessary adlequaitely to plani for the Indus-
try andi adequantetly to admninister andl enlforce the provisions of th~is
(b) To coordinate thle nalministrationi of th~e W~holesale Section
of thle Indistry w~ith the aditnillstrantionl of th~e Retail Sectionl or
thle Im~lnst ry.
(c) To hiear and, if p~ossible, to adlju~t. complaints in regard to
violations of any provisions of thle Code (except Articles III, IV,
and \I') insofar as they pertain to the Wh'lole~sale Section of the
(nd)itj~ To dide the Unitedl Sltats into wholesale regions and/or
zones as mnp be necessary for thle proper administration of the
w~hole~sale section of this Code.
(e) To make such delegation of its powers as may seeml to it
desirable. Nothing is such delegation shall relieve the Code Acu-
thority of any of its responsibilities under this Code.
11. To the extent permitted by the Act., the Code Autority pro-
vided for in Section 1 of this Article is hereby empowered:
(a) To consider and act upon all matters that affect both the
Retail and Wlholesale Sections of the. Industry jointly, including
Articles III, IV, and V, of this Code, and
(b) To coordinate the administration of this Code wFith the
administration of Codes of allied industries.
(c) To make suchl delegation of its powers as may deeml to it
desirable. Nothing in such delegation shall relieve the Code
Authority of any of its responsibilities under this Code.
(d) To make recomnmendations to the Administrator which will
effectua~te the operation of the pr~ovisionls of the Code and the policy
of the Act, all such recommendation to become operative as a part
of the Code upon approval b3Y the Administrator.
12. Each member of thle -industryI subject to the jurisdiction of
this Code and accepting the benefits thereof, inlsofar as his business
relates to the Ret~ail Sect~ion, shall pay to the Retail Canvas Goods
Code Authority his proportionate share of the amounts necessary to
maintain it~s operations in assembling, analyzing, and publislung
reports and data and in carrying on its activities relative to the
administration of this Code. Said proportionate share shall be
assessed upon an equitable basis .as the Reta~il Code Authority, wcith
the approval of the Administrator, may prescribe.
13. Each member of the Industry subject to the jurisdiction of
this Code and accepting the benefits thereof, insofar as his business
relates to the WIholesale Section, shall pay to the W~holesale Canvas
Goods Code Authority his proportionate share of the amounts neces-
sary to mamntain its operations in assembling, analyzing, and pub-
lishing reports and data and in carry~ing on its activities relative
to the administration of this Code. Saidr proportionate share shall
be assessed upon an equitable basis as the W~holesale Code AL~uthority,
with the approval of the Administrator, may prescribed.
14. The Retail and W'holesale Canvas Goods Code Authority shall
pay to the Code Authorityv provided for in Section 1 of this Article,
their proportionate share of the amounts necessary to pay the cost
of its maintenance and operation. Such proportionate share shall be
determined upon an equitable basis approved by the Administr~ator.
15. RIlembers of the Industry, subject to the approval of the Ad-
ministrator, shall furnish to the various Code Authorities, on re-
quest, such information as they may require, and in addition they
shall furnish t~o government agenexes such statistical information as
the Administrator may deemn necessary for the purposes recited in
Section 3 (a) of the Act.
16. If the Administrator shall determline that any action of a
Code Authority or anly agency thereof may be unfair or unljust or
contrary to the public interest, the Administrator .may require thlat
such action be suspended to afford an opportunity for investigation
of th~e merits of such action and further consideration by such Code
AQuthority or agency pending final action, which shall nrot be effected
unless the Administrator approves or unless he shall fail to disap-
prove. after 30 days' notice to himt of intention to proceed with such
action inr its original or modified form.
AnnTCu- VII-TRADE PnacnCCES
A1. Th~le following~ Practices Constitute Urnfair Mrethods of Com-
petition for members of the Industry and are prohibitedl:
1. False illarkinilg or Br~anding.-The false mlarking or branding
of anly product of the Industry which has the tendency to mnislead
or deceive customers or prospective customers, whether as to the
~rade, quality, qulantity~, subsjtarnce, character, nature origin, size,
ni1sh or ]preparation, or otherwise is hereby dL4ii~.-hrohibited.
2. Mtisr~epr~esenltation, or False or 2llflea
any false, mater~ially inaccurate or deceptive statement by way of
adv-ert~isement or otherwise, whether concerning the grade, quality,
quantity substance, character, nature, original, siz~e, finishl, or prepa-
ration o ny product of the Industry, or the credit terms, values,
policies, or services of any member of the Indlustry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
prospective customers is hereby prohibited.
3. Commecrcial Briberly.-o member of the In~dustry shall give,
permit to be given, or dir~ctlyT 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
employers of such employee, thet principal of such agent or the rep-
resented parit without the knowledge of such emnployer, principal
or party. Thsprovisioln shall not be construed to prohibit free
and general distribution of articles commonlyT used for advertising
except so far as such articles are actually used for commercial
bribery as hereinabove defined.
4. Interference wtith Contractual~cl RelationZS.-Ma~liciously4 indcucing
or attempting to induce the breach of an existingr oral or written
contract between a competitor an~d his culstomner or source of supply,
or interfering with or obstructing h efrac o n uhcn
tractuial duties or services is hereby prohibited.
5. iScret~ Icirebats.-The s~cr~et payment, or allowannce? of Irebates,
refunds, commrissions, credits, or uinearned dliscoults,, whe~ther in theo
form of mnoney: or otherwise, or the secret extension to cer~ltain pur-
chasers of special serv\ies or privileges nlot extendedcc to al l prc~has-
ers on like terms and conditions is hereby prohibited.
6. Givin~lg of Pr/ize~s, Preium)1111S or Oxfts.--The offer~ing or giving
of prizes, pr~emiumis or gifts in connection with the salle o~f products,
or as aIn inducciement therieto, byr any scheme which involve-s lottery,
mzisrepres.ienttatin or fraudc is hereby pirohibitedl.
7. Defamatflion.-T~he defamation of comlpetito~rs by falsely imp~ut-
ngto them dishonorablle col:nduc~t, inab~ility to per'form contracts,
qruestio~nable~ credit standingl, or by other false recprcse~lntatios or
by the fallser dlis;paragemc~ mnt of the grrade or equality of their goods
is herlebyI pro~hib~ited.
8. Threatsl of ILtigantion.lr~l~--Th pbishig~o~: orcruaiigo
threats of suits for infr~ingeme~nt o aet rtrd ak ro
any other legal proceedings not in goodl faith, with the tendency or
paect of harassin competitors or intimidating their customers isprhbtd
9. Espionage of Competitor.--Securing confidential in formation
concerning the business of a competitor by a false or misleading
statement or representation, by a false impersonat~ion of one mn
authority, by bribery, or by any other unfair method is hereby
10. Other U7nfair Practices.--Nothing in this Code shall limit the
effect of any adjudication by the Courts or holding by the Federal
Trade Commission on complaint, findings, and order that any prac-
tice or method is unfair, provided that such adjudication or holding
is not inconsistent with any provision of the Act or of this Code.
11. As a manufacturing process, thze having of work done or
labor performed on any awnings or tents or other canvas products
in rooms used for living quarters is hereby prohibited. No work
shall be done or labor performed in any unsanit.ary building, or
under unsanitary conditions.
12. The sale or offer for salet of tarpaulins, paulins, truck covers,
wagon covers, and/'or tents on any basis of wveight other than the
weight of the untreated material per square yard is hereb~y
13. The sale or offer for sale of cotton picker sacks on any basis
Of weight other than the weight of the untreated material on 29
inch basis is hereby prohibited.
14. he ookig o cotracs wth revisions gua ranteeing prices
against decline or advance, or withsokpoeto shrb
15. The placing of merchandise on consignment, either directly or
indirectly, is hereby prohibited.
16. The copying or im~ita~tion. or sale of new styles, pat~tern, or
designs originated by another member of the Indust~ry when same
shall be registered either with the United States `Patent Office or
accepted as a novel by a twpo-thirds ~vote of the Code At~uthority and
registered with said Code AuthorityF.
B. Sales Below Cost, Open `Price Listing, and Cost Accountin~g
1. No member of the Canvas Goods -Industry1 shall sell or offer
for sale, or exchange, any products of the Ilndustry in a retail or
wholesale transaction at a price belowf t~he reasonable cost establishled
as hereinafter provided.
(a) When the Retail Canra~s Goods Code Authority determ~ine~s
that an emergency exists in the Retail Section of this Industry and
that the cause thereof is destructive price-cutting such as to render
ineffective or seriously to endanger the maintenance of the! provisions
of this Code, the Retail C3anvas Goods Code Authority m~ay cause to
be determined for any or all retail regions and/or retail zones, the
reasonable cost of the products of the Retail Section of this Industry,
such determination to be subject to suc .notice and hearing as the
Administrator may require. The Administrator may approe, dis-
approve, or modify the determination. T'herea after, during the
period of the emergency, it shall be an unfair trade practice for any
member of the Industry to sell or offer to sell at retail, as defined
in Article V~I, Section 4(a), any products of the Industry for which
thef reasonablle; costr hlas C~I been determTCIine sliuch prLIice iand/lor upon
such terms or condlit ions of sale that the buyer will pay less there-
fore than the reasonable cost of such prodiucts.
W~then it a~~prear thatf cond;tionse haveP changbred, the Retail Clanvas
G'oodls Code Authority, upon its own initiative or upon the request
of any interested party, shall cause the determination to be reviewed.
(b) No member of the Ind~ustry shall sell or offer for sale or
echclange any product of the inldustry at wholesale, as dle~ned in
Section 4-- of ~Article VI, at a price below his own individual cost,
determined in accordance with the provision of Section 3 of this
Article, except to meet the competition of a competitor who is not
selling belowP his own individual cost.
(c) W~hen the Wholesa~le Canvas Goods Code Auth~ority deter-
mnines that an emergency exists in the Wholesale Section of this
Indlustryt andl that the cause thereof is destructive price-cutting
such as to render ineffective or seriously to endanger the mainte-
nance of the provisions of this Code, the Whiolesale Ctanvas Goods
Code Authority may cause to be determined for any or all w~hole-
sale regions and/or wholesale zones, the reasonable cost of the prod-
ucts of the W~holesale Section of this Industr, such determination
to be subject to such notice and hearing as the Administrator mnay
require. The Administrator may approve, disapprove, or modify
the determination. Thereafter, during the period of the emergency,
it shall be~ an unfair trade practice for any member of the Industry
to sell or offer to sell at wholesale, as defined in Article VI, Section
4(b), any products of the Industry for which the reasonable cost
has been determined at prices a~nd/or upon such terms or conditions
of sale that the buyer will pay less therefore than the reasonable
cost of suchn products.
When it appears that conditions have changed., the W~holesale
Canvas Goods Code Auth~ority, upon its own Iimtiative or upon
the :request of an~y interestedr party, shall cause the determination
to be reviewed.
(d) The, foregoing provisions shall not apply to articles commonlyi
known1 as dropped lines ", close outs and damaged2 returned
merchandise, which articles may be sold at such price. or prices as
are necessary to consumate a sale.
2;. I~n figuring cost the items of materials may be based upon a
mlanurfacture~r's individual cost or upon the market value of raw
manterials, whichever is lower.
3. Every member of the Industry must have a cost accounting
(a) Th'le Retail Canvas Goods Codle Ahuthority shall cause to be
formulated~ an accounting system andl methods of cost finding and/'or
e~stima:t~ing capable of use by all members o-f thnet Industrly selling at
r~etail. After such system and methods have been formullated and
appr'oved by the Administrator, ful details concerning them shall
be madle avnilable to all members of the Indulstry selling at
r~etalil. TIhereafter all members of the Industry selling primarily at
retail shall determine antd/or estimate costs of all products of t.he
Industry sold by them in accordance with the principles of such
b(b) The Wholesale Canvas Goods Code Aut'hority shall cause to
be frmuate anaccounting system and mesthods of cost finding
and /or ent~imna~ting capable of use by all members of the Industry- sell-
ing at wholesale. After such system and methods have been for-
mulated and approved by the Administrator, full details concerning
them shall be made available to all members of the Industry$ selling
at wholesale. Thereafter all members of the Industry selling pri-
mnarily at wholesale shall determine and~/or estimate costs of all
products of the Industry sold by them in accordance with the
principles of such methods.
4. Each member of the Canvas Goods Industry shall, within te
days after the effective date of this Code, file with the Retail Canvas
Goods Code Authority a net price list or a price list and discount
sheet as t~he case may be, individually prepared by himt, show~ingr
his current prices or prices and discounts atnd terms of payment andi
conditions of sale on the following products and services sold or
offered for sale at retail as defined in Section 4 (a) of Article VI:
Tarpaulin, canopy and tent rentals
Taking donwn, storing and putting up awnings
Truck: and wagon covers
Tents, including wall, stable, mule fly, oblong, concession and
show, gypsy, round and cemetery, and made-to-measure
Revised price lists, with or without discount sheets, m~aay be ~filed
from time to time thereafter with the Retail Canvas Goods Code
Authority byI a.ny member of the industry to become effective upon
a date specified by such member of the industry, which date shall
be not less than ten (10) days after the filing of such revised prices
with the Ret.ail Ca.nvas Goods Code Authority.
Copies of price lists, discount sheets and revisions thereof, with
notice of the effective date specified, shall be sent to an~y- member
of the industry upon written applications to the ]Retail Canvas Goods
Code Authority for such information.
Upon the filing of any price list, discount sheet, or revision thereof
by any member of th~e Industry other members of the industry may
file, if theyv so desire, revisions of their price lists andl/or discount
sheets, which, if filed previous to such effective date, shall taRke. effect
upon the date when the revised price list or discount sheet first filed
shall go into effect.
5i. No member of the Canvas Goods I~ndustry shall sell or offer for
sal, o exhane, he products enumerated inl thce preceding section,
when sold or offered frsl trti sdfndi eto a
of Article VI, a.nd no member of the Industry shall perform the
service mentioned in the preceding section, at prices lower or d3is-
counts greater or on more favorable terms of :payment than the
approved schedule of such member on file w~ih the Ret~ail Canv~as
Goods Code Authority as above provided.
6. If it be the belief of the Retail Canvas Goods Code AuthorityV
that any price list submitted represents sales below the cost of the
memrrber submitting same, the dlat~e of effectiveness of such list may
be dlelayed an adldit~ional ten (10) days in order that an investigation
may be made byT thre Retail Canva-s Goods Code Authority to deter-
minet the propriety of such cost. If it is found or determined by the
Retail Canva\-s G~oods Code Authrority that said price list represents
figures belowoc cost, as defined by the Retail Canvas Goods Code Au-
thority and alpp~\roved by the Adm'l~inistrator, such price list shall be
withdrawn and revised price lists submitted.
7. Nioth~ing herecin continued shall be construed to require thle filing
of prices with the Retail Canvas Goods Codle Aut~hority of any of thne
products of thle Industry sold at wholesale, as defined in Article VI,
Section 4 (b), provided, however, that the W"holesale Canvas Goods
Code Authority may elect to establish open price listing for any
product or products of the Industry sold or offered for sale at whole-
sale as defined in Article VI, Section 4 (b).
In wm7hich event eachl member of thle Canvas Goods Indust~ry shall,
within ten day3s after suchr decision, file withl t.he Wholesale Canvas
Goods Code Aiuthority a net P rice list or a price list and discount
sheet as the case may: be, individually prepared by him, showing i
current prices or prices anld discounts and sterns of payment and
conditions of sale on the products decided upon by the W~holesale
Canvas Goods Code Authority gold or offered for sale at wholesale as
defined in Section 4 (b) of Article VI. Revised price lists, with or
without dliscournt sheets, may be filed from time to time thereafter
with the Wholesale Canvas Goods Code Authority by any member
of the Indu~stry to become effective upon a date specified by such
member of the Industry, which date shall be not less than t.en (10)
days after the filing of such revised prices with the WTholesale Canvas
Goods Code Authnority.
Copies of price lists, discount sheets arnd revisions thereof with
notice of the effective date specified, shall be sent to any member of
the Inldustry upon wrtten application to the Ret.ail Canvas Goods
Code Autority for such information.
Upon the filing of any price list, discount sheet, or revision thereof,
by any' member of the Industry, other members of t~he Industry may
file, if they so desire, revisions of their price lists and/or discount
sheets, whichl if filed previous to such effective date, shall take effect
upon thle date? when th~e revisedI pr1ice list or discount sheet first filed
shatll go into effect
8. No membePr of the Clanvas Groods Industry shall sell or offer for
sale or exrcha~nget the products decided upon by the W7Fholesale Canvas
GJoods Code Aulthor~ity wrhen sold or offered fobr sale at wholesale as
defined in Section 4 (b;) of Article VI, at prices lower or discounts
greater or1~ on mnore favoralble termls of payment than the approved
schedule of sulch memblller on file w~ith the Wholesale Convas Goods
Codc AulthorIty as above provided.
9. If it be th~e belief of the Wh~lolesale Canvas Goods Code Aulthority
that any p~ricel lists sub~mitte3 repr~esents sales belowv the cost of th
Ilmember submniii t i ng same, thle da te of effect iveness of such list may be
delayed an addlitioinal ten (10) days in orderr that an investigation
may be! made by the WhVlole~sale Canvas Goods Code Authority to
deter~mine the prlopr.iety of such cost. If it is found or determined
a See Iparagraph 2 of order ap~proving tida Code.
by the Wtholesale Canvas Goods Code A~uthority~ that said price list
represents figures below cost, as defined by th W~~holesale Canvas
Goods Code AulthorityV and approved by the Administrator, such
price list shall be withdrawn and revisedt price lists submitted..
10. It is hereby provided that the operation of the foregomng pro-
visions in regard to price lists shall at all times be subject to the
approval of the Adminiistrator.
AnICLE VTIIT I-ODIFICATION
1. This Code and a~ll the provisions thereof are exrpressly made
subject to the right of the President, in necordannce with the pro-
visions of sub-sect~ion (b) of Section 10 of the National Industrial
Recovery Act, from time t~o t~ime cancel or modify any order, ap-
proval, license, rule or regulation issued under Title I of said Act
and specifically, but without limitation, to the right of the President
to cancel or modify his approval of this Code or anyr conditions imn-
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 -circumnstaces,
such modification to be based upon application to the Administrator
and such notice and byaringa as he shall specify, and to become effec-
tive on approval of the Admninistrator.
A.RTCLE IX-M MONOPOLIES
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic~ practices, or to eliminate, oppress or discriminate
against small enterprises.
AnncLE X -Paxon INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and ser~v-
ices increase as rapidly as ages, it is recogmzed that price mecreases
should be delayed and that., when made, te same should, so far as
reasonably possible, be limited t~o actual increases in the seller's costs.
ARTICLE XI-~EFFECTHTE DAT
This Code shall become effective five days after its approval by
Approved Gode No. 333.
Registry No. 202-13.
UNIVERSITY OF FLORIDA
3 1262 08486 8404