*Registry No. 1403--1-04L
PAATIONAL RiECOVERY ADMINISTRATION
FAIR TRADE PRACTICES
VEHICLE AND AMBULANCE
SUBDIVISION OF THE
AUTOMOBILE MANJUFACTURINJG INDUSTRY
CODE OF FAIR COMPETITION
FOR THAT INDUSTRY
AS APPROVED ON NOVEMBER 8, 1933
0 DO UR PART
3. Text of Code
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SUPPLEMENT TO CODE OF FAIR ClOMPE'TITIONT FOR THIE AUTOMOBILE
BAIANU~:FA~CTURING INDUSTRY COVERING FAIR TRADE PRACTICES FOR
'rHE FUNERAL VEHICLE AND AMZBULA\NCE SUB~DIVISION
An application having been duly made, pur~suant to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16! 1933, for mny approvall of a Sup-
plement to tihe C~ode of Fair Competition for the Automobile Mann-
ufacturing Industryr covering Fair Trade Practices for the Funeral
VTehicle and A~mbulance Suibdlivision! and hearings having been held
thereon and the Admlinistratorr havingr rendered his r~epor~t contain-
ing an analysis of the Supplement. together w~ith his recommnenda-
tions and findings, wit~h respect. therieto, and t~he Administrator hav-
ing found that the said Supplemlent compllies in all respects with. thie
pertinent provisions of title I of said act andt that the requirements
of clauses (1) and (2) of subsection (a) of section 3 of the said act
have been met:
NOW, THEREFORE, I, Franklin D). Roosevelt, President of the
United States, pursunnit to the authority vested in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise do adopt and approve the report, recommendations, and
findings of thle Administ~rator and do order that, the said supple-
ment be and it is hereby approved.
F"RANKLIN D. ROOSEVELT.
THE ~THITE HOUSE,
Nlovemzber 8, 193`3.
HUou S. JOHNSON,
NOVEMBER 2, 1933.
The WTh ite House.
SmR: The proposed supplement to the Code of Fair Competition
of the Automobile M~anufacturing Industry, covering fair trade
practices for the Funeral Vehicle and Ambulances Subdivision of
sn.id Industr, wa~s submitted by the Funeral Vehicle and Ambulance
Manufacturers Association, representing 7070 of the members of the
Indu~stry, and 8570 of the D~ollar Volum~e of the Industry. The hear-
ing was coniducted in WVashington on October 16, 1933, and all persons
requesting an~ appearance were publicly heard in accordance with the
statutory and regulatory requirements.
This Subdiv~ision of the Automlobile Industry fromt its peak in
1920 to the beginning of 1933, has experienced a drop in sales of
approximately 40%~. The fair trade practices as set forth in the
Supplement, we believe are essential to the industrial recovery
of! the Subdivision. The fair trade practices as contained in this
Supplement, w-e believe are necessary to the rehabilitation of the
Su bdli vision.
Art~ic~le I. States the purposes of the Supplemept.
Article II. Defines accurately specific references in the Subdivision
of the Supplement.
Article III. Establishes Subdivision authority for Funeral Vehicle
andrl Amlbulance Subdlivisioni to Automobile Majnufacturing Industry.
Art2ficle IV'. Det~ermines method of cost and defines manner in
which information shall be obtained.
Arlltile V. Sets forth fair trade practices of the Subdivision.
Article VIl. Contains thle la~ndlatory Subdivisions of the National
Thle Administr~ato r finds: A. This Supplemnent complies in all
respects with~ the pertinent phrases of Title I of the Act, including
w-ithiout limiitat~ion Subsection (b) of Section 10 thereof; B. The
Funeral Y'ehicle and Amlbulanlce M~anufacturers Association is truly
representative of the Funeral Y'ehicle M~anufacturing Subdivision
of the Autom~obile M~anufacturing Industry, and the articles of
Association contain no inequitable restrictions on membership; C.
Th~e Supplemnent is not designed to promote monopolies or elimi-
nate or oppr~ess small enterpr,1ises, and wiUl not operate to discriminate
against them and will tend to effectuate the policies of Title I: of
the National Recovery Act.
It is recommended therefore, that this Supplement to the Code
of t~he Automnobile Mannufacturing Industry be approved.
HUGH S. JoHNSON,
A dministrato r.
SUPPLEMENT TO CODE OF FAIR COMPETITION FOR THE
AUTOMOBILE MANUFACTURING INDUSTRY COVERING
FAIR TRADE PRACTICES FOR THE FUNERAL VCEHIICLE
AND AMBULANCE SUBDIVISION OF THE ~SA1ID INDUSTRY
Pursuant to Alrticle X of the Code of Fair Competition for the
Automobile Mlanufacturing Industry, duly approved by the Presi-
dent on August 26, 1933, the following provisions relating to fair
trade practices for t.he Fu~neraul VTehicle and Amboulance Siubdivision
of the Automnobile Mannufacturing Industry are submlitted in behalf
of said subdivision, andi upon approval by: the Presidlent shall be
binding up~on everyv member of said SCubdivision.
ArTICLE II DEFINITIONS
1. The term i Funleral V'ehicles a7nd Amblanc~l~3es and/or l"Prod-
ucts as used herein shllR1 mean hearsles, ambulances, comb~ination
hearses andi amnbukneces, funeral service cars and special vehicles
and/or bodlies t.herefor.
2. The terml Hear~se shall m~ean a motor vehicle desjignedl for
transportation of the dlead.
3. The term "Airmbulance ") shall mecan a motor vehicle designed
for the: tranlspor~tation of t~he sick or wounded.
4. The terml Serv\ice Car shall mean a motor vehicle designed
for th2e transpor~tzt~ion of materials anld equipment usedl in the funeral
service andl burial of thle dead.
5. The term "' Subdivision as used hereini shall mQan the mannu-
fact~aringa and assjembling within the United States of Funeral
Vehicles andl Amlbulanceis as hlereinnabove defined, an~d of compllonenlt
andt repair parts anid accessories by manufacturers or assemblers of
Funeral Y'ehicles and Ambulances.
6. The term "As~.Esoc~iation1 as used herein shall mnean the Fulneral
Vehicle and Ambiulance Maunufact~urers Association, a Trade Associa-
tion having its office at Cincinnati, Ohio.
7~. The t~er~m Mlnemb of the Subdlivision as used herein shall
mean anyone engaged in the Subdivision as hereinabove defined,
either as an employer or on his own behalf.
8. The term Code M~ember of thle Subdivision shall ean. any
member of the Subdivision who signifies assent. to the Code of Fair
Competition for the Aurtomobile M~anufactur~ingr Indulstr~y as al-ppro~ved
by the President on August 26, 19333, and to this Supplement thereto.
9. The termn Effectivre Date as "used herein m~eans~i thle 10th~ day
after this Supplemnent shall have been approved by the Preside~nt
of the United States.
ARTICLE TII--CODE AUTHORYIPY ORGANIZATION
Each Codle Member of the Subdivision shall be entitled to partici-
pate in the Code activities of such committee as shall be designated
by the National Automnobile Chamber of Commerce, pursuant to
paragraph (c) of Article VI of the C~ode of Fair Competition for
the Automobile M~anufacturing Industry approved August 26, 1933
to function as a "' Subdivision Authority under the supervision oI
the Chamber. (Suchi committee shall be hereinafter referred to as
the Subdivision Authority.) Each Code M3ember of the Subdivision
shall contribute his equitable and proportionate share toward defray-
ing the expenses incurred in t~he administration of this Supplement.
Such equitable and proportionate share shall be determined by the
Suibdivision Authority under the supervision of the Chamber and
subject to the approval of the Administrator.
ARTICLE IV--POWERS AND DUTIES
1. (a) WYithin 10 days after the effective date of this Supplement
all members of this Subdivision shall file with the Subdivision
Authority schedules of their net prices to "' Job.bers ", "' Distributors ",
ahd Dealers."' Each member of the Subdivision shall adhere to
his own quoted prices so filed. If any member desires to change
such prices, he shall first file a revised schedule of prices with the
" Subdivision Authority."
(b) Each member of the Subdivision shall file, together with his
schedule of prices, specifications, and a complete description of the
model covered by each price.
(e) Each member of the Subdivision shall file with the Subdiv sion
Authority in addition to the foregoina schedules, complete rice
lists for extra equipment which may be oikered or sold over and a ove
(d) N~o member of the "' Subdivision shall sell or offer for sale
any Funeral V\ehicles or Ambulances at prices lower or on terms
mor~e favorable than those included in hi~s own schedules fi'le'd as
(e) For the purpose of this Section 1, the following definitions
shall apply :
The termn Jobber "! or "L Distributor shiall mean :
(v) anyone engaged in the business of selling funeral vehicles
to the funeral trade, who has a place of business separate and
distinct from the e~stablishment of any Funeral Director; or
(z) anyone engaged in the business of selling ambulances.
The term Dealer shall mean anyone engaged in whole or in
pa2rt in the business of Mlotor Y'ehicle Retailing who
(x) sells funeral vehicles to the funeral trade, and has a place
of business separate and distinct from the establishment of any
funeral director ; or
(y) sells ambulances.
2. No member of the Subdivision shall sell funeral vehicles or
ambulances at a, net realized price less than the cost of such product
to such member. Cost shalf'be'computed on the basis of a uniform
formula or uniform formulae of cost, accounting prescribed by the
Subdivision Alut~hority, and subject to approval of the Administrator.
Each "L Member of the "'Subdivision shall froml time to time on
request of the "' Subdivision Authority~ submit his costs comnputed
on th~e basis of such formula or formulas.
3. In addition to the information required to be submitted to the
Code Authority as set forth in this Article there shall b~e furnished
to government agencies such statistical information as the Admninis-
trator may deemi necessary) for the purposes re~citedl in Section 3 (a)
of the National Industrial Recovery Atct.
ARTICLE VT-TRADE PRACTICES
1. The following trade practice ar~e hereby declared to be unfair
and no member of the Subdivision shall engage in aIny such practice.
(ar) Selling Funeral Vehicles and Ambulances to any b~uyer at a
price or upon terms and conditions not. available to all other b~uyers
of the same class.
(b) The secret payment or allowance of rebate, refunds, commlis-
sions, credits, or unlearnedd discounts, whether in the formn of money
(c) M~aliciously inducing or attempting to induce the breach of an
existing oral or written contract between a competitor and~ his cus-
tomner or source of supply, or interfering withl or objstrtieting thle
performance of any such contractulal duties or sierv~icecs.
(dE) The offering or giving of pr~izes,, commiissions, or gifts in.
connection wit.h. the sale of products as an indlucemnent to promote
(e) The selling or offerings for sale of more than one article at
an aggregate price less than the total of thie r~egularly established
unit: prices of such membe~t~ethrefor.
(f) Tle. giving or permYitting to give or offer to give, directly~ or
indirectly, of money or` ny;thingr of value to agents. employees, or
repr~e~sentat~ives of customers or prospective customers, or to agents,
emprloyees, or representatives s of competitors' customers or prospec-
tive. customers, without, the kcnowpledgie of their employers or princi-
pals, to induce such agents, employ~ees, or reple;cresentative s to influence
their employers or prinicipals to purchlase or contract to pur~chase
fr~oml the makers of such gift or offer, or to influence such employers
or principals t~o refrain f~oml dealing or contracting to deal with
(g) The false marking or p~ricingr of any: kind of products of the
" Subdivision in order to mnislead or deceive customers or prospec-
(A) The mak~ing i or casingr or knowingly permiitting to be made
or published of any false or deceptive statement by way of adv\er~tise-
ment or otherwise, having the tendency to mislead or deceive
customers or prospective customers.
(i) Imitation of competitors' tradle-mnarks.
(j) Fanlse disparagement of competitors or their products.
(k) The malicious inducing of employees awayS from competitors.
2. Nothing in this Supplement shall limit the effect of ;any adjudi-
cation by thle Courts or holding by the Federal Trade Commission on
UNIVERSITY OF FLORIDA
;r 3 1262 08728 6091
complaint, finding, and ~order that any practice; or mnethiod-in an~uddj
provided that such adjudication or holding is.nel; incongistent ws :~~
any provision of this Supplement or with the ~National Recoruery "'
AnnICLE 7- GENERAL
1. No provision of this Supplement shall be interpreted or applied
in such manner as to
(a) permit monopolies or monopolistic practices.
(b) eliminate or oppress small enterprises or discriminate against
2. No inequitable restrictions upon membership in the Association
shall at any time be imposed-
3. This Supplement is hereby made expressly ujett the rightl~nus
of the President pursuant to Section 10' (b) of h ainlIds
trial Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of the said
Act, and specifically but without limitation to the right of the Presi-
dent to cancel or modify his approval of this code or of any condi-
tions imposed upon him upon such approval.
4. By presenting this Sup~plement the members assenting hereto
do not thereby consent to any modification thereof, and they reserve pi
the right to object individually or jointly to any such modifications.
5. Such provisions of this Supp ement as are not required to be
included therein by the National Industrial Rbcovery Act inay,
upon the application of the Subdivision and with the approval of
the President, be modified or eliminated. i: