Proposed code of fair competition for the ticket and coupon manufacturing industry as submitted on September 6, 1933

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Material Information

Title:
Proposed code of fair competition for the ticket and coupon manufacturing industry as submitted on September 6, 1933
Physical Description:
9 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Coupons (Retail trade) -- United States   ( lcsh )
Tickets -- United States   ( lcsh )
Commercial documents -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Summary:
The term "ticket and coupon manufacturing industry" includes: amusement tickets, clothing tickets, coupon books, electric railway and bus tickets, meal tickets and checks, and steam railroad tickets.
Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"637-N."
General Note:
"Registry No. 404-1-05."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004899199
oclc - 63654610
System ID:
AA00006596:00001

Full Text








































The Code for the Ticket and Coupon Manufacturing Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National RecoverU Administration
as applying to this industry




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHIINGTON : 1933

For sale by the Sluperintendent of Documents, Washington, D.C. - Price 5 cents


Registry No. 404--1-05


037-N


AS SUBMlITTED ON SEPTEMIBER


6, 1933


0 I'*~ r


NATIONAL RECOVERY ADMINISTRATION



PROPOSED CODE QF FAIRE COMPETITION



TICKET AND COUPON

MIANUFAlCTURING INDUISTRY





































BunIrrrED BY

AMERICAN AMUSEMENT TICKET MABNUFACTURERS ASSOCIATION












CODE OF FAIR COMPETITION FOR THE TICKET AND
COUPON MANUFACTURING INDUSTRY

SECTION I

In order to eliminate unfair competition in the ticket manufac-
turinga industry, to eliminate unfair trade practices, to increase
employment, to establish fair and adequate wages, to enlarge the
purchasing power of persons related to this industry, to improve
the standards of labor, t~o protect the consuming public from exces-
sive prices, and to accomplish and effectuate the policies set forth
in the National Industrial Recovery Act., this code of fair compe-
tition governing the ticket manufacturing industry is adopted.

SECTION II

Any person, partnership, or corporation, now or hereafter engaged
in the manufacturing of tickets as herein defined, is elicrible for
membership in the American Ticket And Coupon Mlanu~facturers
Council.
All persons, partnerships, or corporations, now or hereafter en-
gaged in the manufacturing of tickets as herein defined, .shall be
subject to the provisions of this code when adopted.
SECTION III-DEFINITIONS

The term "L ticket and coupon manufacturing industry shall in-
clude all manufacturers of any of the classes of tickets specified
below :
A. Manufacturers of amusement tickets.
B. 1Manufacturers of clothing tickets.
C. Manufacturers of coupon books.
D. Manufacturers of electric railway and bus tickets.
E. Manufacturers of meal tickets and checks.
F. Manufacturers of steam railroad tickets.
The term group shall mean any of the divisions of the industry
hereinbefore, described.
The term "' the President shall mean the President of the United
States.
The term persons shall mean natural persons, partnerships,
and corporations.
The. terms member and manufacturer shall mean any per-
son, partnership, or corporation engaged in the manufacture of
tickets.
The term "A~ss~ciation shall mean the American Amousement
Ticket Mfanufacturers Association.
9663--33 (11







The term "' Council shall mean the consolidated groups herein-
before referred to, operating under the name "LAmerican Ticket And
Coupon Manufacturers Council."
T'he term Executive Comnmittee shall mean the Executive Com-
mittee of the American Amusement Tickret 1Manufacturers Associa-
tion, or the Executive Committee of one of the groups above
described.
The term "i Board of Governors shall mean the governing board
of the American Ticket And Coupon Manufacturers Council.
The term "L Chairman shall mean t~he nprsidling officer of the
Council at the time in office.
The terml Secretary shall mean the Secretary of the Council at
the time in office.

SECTION IV-ADMIN~IShITRATI~ON

Each of the groups of the industry as set forth in Section TIII
hereof shall be governed, respectively, without interference from the
other groups of the industry by an Executive Committee consisting
of 'no less than three members elected by each such group.
For the purposes of the admiinistration of this code, and coordina-
tion and arbitration between the different groups of the industry,
there shall be set up a council known as the "Amnerican Ticket And
Coupon MIanu facturers Council." The Council shall be governed by
a Board of Governors selected from the several groups. Each group
shall have not less than one representative on the Board of Gov-
ernors and additional members not in excess of a total of three based
on each million dollars or major fraction thereof, of dollar volume
sold by that group in any one year. Each group shall elect the repre-
sentatives to which it. is entitled on the Board. The Board of Gov-
ernors so elected to the Council shall choose from their number a
Chairman and a Vice Chairman; also appoint a Secretary and a
Treasurer who shall not be members of the industry. The offices of
Secretary and Treasurer may be held by the same person. No one
member shall be entitled to more than one representative on the
Board, and no one person shall be the representative of more than one
group on the Board.
Powers: Subject to the approval of the President, the Board. of
Governors shall have power:
1. To administer the provisions of this code.
2. To interpret and construe the provisions of this code from time
to t~ime.
3. To adopt rules and regulations for the enforcement thereof.
4l. To entertain and hear complaints against any member arising
out of any alleged violation of this code or of the National Industrial
Recovery Act, and where such complaint cannot be disposed of
amicably, to cause such complaint to be arbitrated as hereinafter
provided.
5. To initiate proceedings before the appropriate Governmental
agencies to prevent andl/or punish violations of this code.
6. To obtain from time to time fromt each person in the industry
specified~ reports in sucrh fonrm and cont~ainingr such information as
the Board of Govrernors ma yprescribe, in order that the President
may: be krept informed with respect t~o the observance or nonob-








servance of this code by persons to whomn the samne is app~lienble, andi
whetherp the industryr is complyring w-ith th~e policy and provisions
of the National Industrial Recovery Act. To this end th~e Board
of Governors, through its neeredit'ed agent, w~ho must be a cost
accountant or a C.P.A., and who must. not be a member of the ini-
dustry, shall have access to all places of business maintained by! anyr
person to whom this code is applicable and may) examine the cost-
accounting methods used~ by sulchh persons and may tak~e such steps as
they) mnayv deem advisable to effect suchi changes in c~ost-ac~countin~g
methods and practices as s~hall place the business of anly such~ person
upon a fair competitive basis.
7. To prepare and recommnendl a uniforms sales contract or order
blank for the use of persons to whomn this code is aIpp:licable.
8. To make such surev~s and comipile such~ reports by the Secr~e-
tary or some accredited agent not a member of the industry, as thiey
may deem proper and for the best interests of the indlustry\, inicludingq
recommendations for the betterment of the industryJ w~ithl a view to
stabilization of prices and the p~reventioni of sales below thep reason-
able cost of production.
9. To collect such statistics andi trade information from persons
in the industry as they mnay dleemn dlesirab~le, to be collected and(. COml-
piled in the same manner as provided for in paragraph S hereof, for
use by the Board of Governors w~hen necessary.
10. The Board of Grovernors shall not r~equir~e any~ information or
data from members regarding ti~rae secrets or namre of customers
of any member.
11. To consider proposals for amnendmnents to this code, and upon
approval1 by the groups to submit. such proposals to the proper
Federal Agency.
12. To cause such Bylaws to be adopted by thle Council and -or
from time to time amendedl as will conform to and carry out th~e
purposes and intent of this code.
13. To appoint from time to time such commiittees as it Shall dleeml
necessary or proper in order to effecetunte the purpose of thle code.
14. The Secretary of the Council shall act as Secretary~ under the
code. Under the direction of thie Board of Governors, he shall keep
all books and records under the code and, except as thre Boar~d of
Governors shall otherwise pr~ovid~e, shall collect, file, and collate all
statistics and other information required by the Boardl of Governors
for the proper administration of the code.
15. The expenses of administering the code shall be borne by the
members t~hereof. The Board of Grovernors may fr~om time to timne
make such equitable assessments on account of such expenses against
the members of the code as it shall deem proper, and surh assess-
ment~s shall be payable as such Board shall specify.

SECTION V-rMINIM~UMI \r~AGESHOrRS OF L.1non

The wage scale in the ticket. andl coupon mannufneturing industry
has been substantially higher than that. prevailing in manyi other
industries. A large percentage of its employees ar~e sp~eciall~ t~rainedl
mechanics. Since the beginning of the present dep~res-sion and the
consequent reduction in the total number of hours of work available
in the industry, its members have made every effort to distribute







the hours of work available in their plants so as to give employment
to the maximum number of employees. It is the intention of the
industry to continue that policy insofar as practicable, to the end
that the policy of Title I of the National Industrial Recovery Agct
may be effectuated, and that work in the industry shall insofar as
practicable be distributed so as to provide employment for the
employees normally attached to the industry.
(a) As required by Section 7 (A) of Title I o~f the National I~n-
dustrial Recovery Act, the following provisions are" conditions of this
code:
"L(1) That emlployees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from t~he interference. restraint, or coercion of employers
of Inbor, or their agents, in the designation of such representatives.
or in self-or~ganization or in other concerted activities for the
purpose of collective bargaining or other mutual aid or protection.
"i(2) That nio employee and no one seeking employment shall be
required as a condition of employment to jomn any company umion
or to refrain from jommig, orgianlzing, or assisting a labor orgammza--
tion of his owrn choosing.
"L(3) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President."?
(4) It is clearly understood that t~he foregoing paragraphs shall
not impair in any particular the constitutional rights of the employee
and employer to bargain individually or collectively as may be
miut~ually satisfactory to them; nor shall it impair the joint right of
employer and employee to operate an open shop.
(5) N1othing in this code is to prevent the selection, retention,
and advancemnent of employees on the basis of their individual merit,
without regard to their alliliation or nonaffiliation with any labor
organization.
A. WTorkinzg Hlours.--To effectuate the policy of this Code of Fair
Competition, maximumn hours of labor shall be uniform for the whole
country. Standard W~orking hours shall be 40 hours per week for
all mechanical employees, including any proprietors, supervisors,
and foremnen when doing mechanical work. W~lhen necessary, over-
t~ime and extra shifts shall be permitted, provided that no mechanical
employee shall work more than the maximum of 40 hours per week
during the present emergency. I~t is not the intention of this para-
graph to limit the number of days or shifts a plant any operate.
U~ser~s of tickets and coupons a~re constantly faced with the neces-
sity of obtaiining, at short. notice, new supplies of tickets and coupons
required by the regulations of the Interstate Commerce Commission,
State Public Utility Commissions, and the Bureau of Internal Reve-
nue. In m~any cases such t~ic~ket~s and coupons have prescribed dates
,printed on them and are valueless if not in the hands of the users
prior to such dates. In cases of necessity arising from such emer-
gencies or from t~he character of the work, or from the inability to
obtain competent labor, permission mayv be granted. by the Board of
Governors, upon proper showing being made, to exceed the fore-
going limitation, provided such permission shall be granted only
unon such conditions imposed by the Board of Governors as will







make certain that no employee will work more than 1,040O hours inl
any six months.
B. Mhizi~m~um T~agesr.--The minimlum hourly wages for employees
in the ticket and coupon manufacturing industry shall be 40C per
hour for men, and 304 per hour for women, except learners andl
apprentices.
C. EmployenLnt of ~inrorls.-E employment of minors under 10i
years of age in mechanical production is entirely prohibited.
SECTION VI bMEMBERSHIIP

1. Any ticket andi coupon manufacturer miay participate inl this
code and in any revisions or addlitions th~ereto andl receive t~he bene-
fits thereof by accepting the proper pro rata share of the cost anid
responsibility of creating and administeringr it, either by becoming
a member of the Amnerican Ticket And C~oupon Mannufactur~ers Couni-
cil, or byv paying to it anl amount equal to thie dues froml time to
time provided to be paid by a member in like sit~untion o~f Amnerican
Ticket And Coupon Mlanuf'acturers Council.
2. No person at thle time of thle filing of this codle w~ho is not a1
ticket or coupon manufacturer shall be permitted to engage inl th~e
manufacture of tickets or coupons unless and until such person
receives permission to do so fromn thle President.

SjECTION VII--STATISTICS AND TRA\DE INFORMATION

In order to carry out the declared policy of the National Inidus-
trial Recovery~ Act, ench person shall furnishl such periodic repo~rts
as ma~y be prescribed by the Board of Governors, in such forml andl
substance as it may direct. The Bonr~d of Grovernors shall not require
any information or data from members regarding trade secrets or
names of customers of any member of the code.

SECTION Y1 11-COST AC'COU NTI NG

(a) Ev'ery ticket and coupon manufacturer shaIIll maintain an1
approved cost Sinding systemi and approved accounting methods,
which conform to the principles of and is at least detailed and comi-
plete as the standard and uniform method of co~st~ing andl accounting
to be formulated or approved by the Board of Governors with such
variation therefrom as may be required by the individual conditions
affecting any manufacturer.
(b) No ticket or coupon manufacturer shall sell or exchange any
product of his m~anufactur~e at a price or upon such terms or con-
ditions that will result in the customer paying for t.he goods received
less than the cost to the seller determined in accordance with t~he
uniform and standard methods of costing and accounting hlerein-
before prescribed.

SECTION IX--PRICE~ SCHEDULES

It has been the general practice to sell manufact~uredl tickets and
coupons on the basis of net price lists, and fixed terms of payment.
which are distributed to the trade. Each manufacturer of such
tickets and coupons shall within ten (10) days, after receivinga notice







from the Secretary, file with the Secretary a net price list i~ndivid-
ually prepared by him showing his current prices, and terms of pay-
ments, and the Secretary shall immediately send copies thereof to
all known ticket and coupon manufacturers of such specified product.
Revised price lists may be filed from time to time thereafter with the
Siecr~etaryS byr any manufacturer of such product to become effective
upon a date specified by the Secretary and copies thereof with notice
of the effective date specified shall be immediately sent to all known
mnanufalcturer~s of such p~roduct. who thereupon may file, if they so
desire, revisiions of their price lists which shall become effective upon
the date when the revised price list, first filed shall go into effect.
SECTION XZ

The Board of Governor~s shall have power on its own initiative
or on the complaint of any member of the code, to investigate any
minimum price for any product shown in any list filed with the
Secretary by any member of the code, and for the purpose of the
investigation thereof to require such member to furnish such infor-
mation concerning the cost of manufacturing suchI product as t~he
Board of Governors shall deem necessary or proper for such pur-
p~ose. If the Board of Governors after such investigation shall
determine that such minimum price is an unfair price for such
product, having regard to t~he cost of manufacturing such product,
and that the maintenance of such unfair minimum price may result
in unfair competition in the industry, the Board of Governors may
require the member of the code that filed the list in which unfair
minimum price is shown, to file a new list showing a fair minimum
price for such product, which fair miinimum price shall become
effective immediately upon the filing of such list. If such member
of the code. shall not within t~en dlays after notice to it. of such
determination by the Board of Governors, file a new list showing
such fair m~inimumn price for such product, the Board of Governors
shall have power to fix a fair minimum price for such product, which
fair minimum price, howfever, shall not be more than the minimum
price of any other member of the code, at that time effective for
such product, and in respect of which the Board of Governors shall
not theretofore have begun -an investigation or a complaint shall
not have been made byv any member of the code. When t~he deci-
sion of such Board fixing such fair minimum price shall have been
filed with the Secretary and the Secretary shall have given notice
thereof to such member, such fair minimum price shall be the miini-
mum price of such member forl such product, until it shall have been
changed as in the code provided. A notice of all decisions of the
Board of Governors under this Section, together with the reason
therefore, shall be filed with the President.

SECTION XI--PROD~UCTION

As the industry is now highly organized and overequipped, and
with the view of properly serving the public needs, it is deemed
necessary that prior to the installation of additional productive
machinery by persons engaged in the ticket and coupon, manufactur-
ing industry, except for the replacement of similar equipment, shall








secure certificates from the National Administrator, upon recom-
mendation of the group concerned, that such installation will be
consistent with effectuating the policy of thle National Industrial
Recovery Act during the period of the emergency.

SECTION XII-TC1ONTRACTS

With respect to contracts entered into by the ticket and coupon
ma~nufazct~urin~g industry,! not containing a clause protectinlg the seller
against increased costs arisinga out of compliance with the provisions
of the Nationial Industrial Recovery ALct, and inlcomnpleted by the
effective dates, it is equitable and consistent with the purpose of t'he
Act that appropriate ad~justmnents of such contracts shall be effected
by arrangement between the parties to such contracts, or, failing
which, by arbitration through t~he B~oardl of Governiors.

SECTION XIII-M\ONOPOLIES

No provision in this code: shall be interpreted or n ppliedl in such
a1 manner as to promote monopolies, permit or encourage unfair
competition, elimiinate or oppress small enterprises, or dliscrinuinate
against small enterprises.
SECTION XYIV--UNFAIRr PRACTICES

For all purposes of the code the acts described in Schedule A
annexed hereto shall constitute unfair practices. Such unfair prac-
tices shall be deemed to be unfair methods of competition in comm-
mercee within the meaning of the Federal Trade Commission ACct as
amended, and the using or employing of any of thleml shall be deemed
to be a violation of the code, and any member of the industry which
shall directly, or indirectly through any officer, employee, agent, or
representative, knowingly use or emnploy anly of such unfair practices
shall be guilty of a violation of the code.

SECTION XV--ARBITRA~TION

Any and all complaints, differences, controversies, or questions
arising under or out of this code or concerning the interpretation
or application of any provision thereof, or arising between the dif-
ferenit groups of the industry, shall be referred to the Board of Gov-
er~nors for settlement under such rules as it may establish.

SECTION X VI

This code and all provisions thereof are expressly made subject to
the right of the President, in accordance with the provisions of
Clause 10 (A) of thte National Industr~ial Recovery Aict, from time
to time. to cancel or modify any order, approval, license. rule, or
regulation, issued under Title I of said Act, and specifically to the
right of the President to cancel or modify his approval of this
code or any conditions imposed by him upon his approval thereof.







Scnoron XV~II:

Such of the provisions of this code as are not required to be in-
cluded therein by the National Industrial Recovery Act may, upon
recommendation of the Board of Governors of the American Ticket;
and Coupon 1Manufacturers Council and with the approval of the
President, be modi~ed or ehimina~ted as changes in circumstances or
experiences may indicate. They shall remain in effect unless and un-
til so modified or eliminated or until the expiration of the ALct.














SCHEDULE A


LST OF UNrFAIRL PRACTICE

For all purposes of the Code thle following described acts shall constitute
unfair practices:
A. Inducing or attempting to induce the breach of a contract between a
competitor and his customer during the ter'm of such contract.
B. The defamation of a competitor byl words or nets which untruthfully call
in question his business integrity, his ability to perform his contracts, his credit
standing, or the grade, quality, accuracy, or service of his goods.
C. Interference withl a competitor's business through the enticement of'
employees from his employment.
D. Any discrimination in the price of commodities of the same class (not
including discrimination in price on account of the difference in the grade,
quality, or quantity of the product sold), or discrimination in price in the same
or different communities not made in good faith to meet competition, where the
ellect of such discrimination may be substantially to lessen competition or tend
to create a2 monopoly.
E. The payment or allowance of secret rebates, bribes, refunds, credlits, or
unearned discounts, whether in the form of money or otherwise, or extending to
certain purchasers special services or privileges not extended to all purchasers
under like terms and conditions.
F. The circularization of threats of suit for infringement of patent or trade
mark among customers of a competitor, not made in good faith, but for the
purpose of harassing and intimidating customers.
G. The prnetice of accepting orders for large quantities and shipping in
small quantities (known as split shipments) and billing such small quantities
shiplied at the large quantity price.
Hi. Contracts of sales which permit the buyer to cancel or provide for a
reduced price in the event of a market decline, and which do not permit the
seller to cancel or provide for an enhanced price in the event of a market rise.
I. Printing the names of nonmanufacturers on tickets, except when such
nonmanufacturer is in fact the exclusive selling agency of a manufacturer or a
recognized ticket manufacturer.
J. No manufacturer shall sell goods for resale to any dealer, jobber, or
distributor who in turn resells such goods at less than said manufacturer's
published price list.
Violation of the following provisions shall constitute unfair practices.
K. 1. Quotationa.-All1 quotations are made for immediate acceptance and
are subject to change without notice.
2. Termsr.--Net, no cash discounts.
L. The Board of Governors is hereby authorized and empowered to cooperate
with the President qnd to perform such acts as may be proper to put these-
provisions into effect.
(9)






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