Code of fair competition for the grinding wheel industry

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Title:
Code of fair competition for the grinding wheel industry as approved on December 21, 1933 by President Roosevelt
Physical Description:
287-296 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

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Subjects / Keywords:
Grinding machinery industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code no. 170".
General Note:
"Registry no. 1001-03".

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851500
oclc - 31960607
System ID:
AA00006612:00001

Full Text






NATIONAL RECOVERY' ADMINISTRATION



CODE OF FACIR COMPETITION
FOR THE


GRINDING WHEEL INDUSTRY


C iYI


For sale hr the Superintendent of Docluments, Washington, D.C. Price 5 rents


Approved Code No. 170


Registry No. 1001--03


AS APPROVED ON DECEMBER 21, 1933
BY

PRESIDENT ROOSEVELT


R


OUR P


U.J~ gflr!l~TO~Y


1. Executive Order
2. Letter of Transmittal
3. Code





UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933

























This publiention is for sale by the Superintendlent of Documents, Covernment
Printing Office, W~ashington, D.C`., and byr district offices of the Bureau of
Foreign and Domestle C'ommer1ce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Altlantal, Ga.: 504 Post Office Building.
Birminghlam, Ala.: 257i Federal Building.
Boston, Ma~ss. : 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Str~eet.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: 'hamber of Commerce Building.
Detroit, M~ich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commlerce Buillingp.
Indianapolis, Ind.: Chamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commerce Building.
Kaunsas City', lilo.: 102S Baltimore Avenue.
L-os Angeles, Calif.: 1163 South Broadway.
Louisville. Kiy.: 408 Federial Buildiing.
M~emphis, Tenn.: 220 Feder~al Building.
Mlinuea~olis, MTinn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
SNew Yor~k. N.Y'.: 731 Custombouse.
Nor~folk, Va.: 406 Eanst Plume Street.
Philadolphia, Pa.: 933 Commercial Trust Building.
Pittsburgh,. Pa.; Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
st. Louis, Mlo.: 506 Olive Street.
San Francisco, Callif.: 310 Custombouse.
Sealttle, Wansb.: 809 Federal Building.














Approved Code No. 170


CODE OF FAIR COMPETITION
FOR THE

GRINDING WHEEL INDUSTRY

As Approved on December 21, 1933
BY

PRESIDENT ROOSEVELT


I 1


Executive Order

An application having been duly mande, pursuant to and in full
compliance with the prov'isionis of title I of the National Industrial
Recovery Act, approved June 16, 1933,- for m~y a~pprov~l of a Codle
of Fair C~ompetition for thie Grindling WVheel Industry, and hearings
having been held thereon andl the Adlministrator having rendered his
report containmng an analysis of the said codle of tair competition
toget her w ith h is r~ecomnmend nations and fi ndingrs w ithl respect thereto,
andi the Admilinistrator having found that. the said code of fair comz-
petition complies in all respects withl the pertinent provisions of title
I of saidl act andl that the requirements of clauses (1) andt (2') of
subsection (a) of section 3 of the saidl act have been mlet:
NOWV, THEREFORE, I, Frpanklin D. Roosevelt, President of the
United States, pursuant to the authority vestedl in mec by title I of the
KNtionlal Industrial Recovery Act, approved June 16, 1933, and other-
wise, do ado~pt and approve the report. and2 recommendations and
findlings of thle Administrator and do order that the said code of fair
competition be, and it is hereby, approved.
FRANKLIN D. ROOSEVELT.
Approvanl recommended :
Huoua S. JoaNSON,
A dmtinistr~ator.
THE \FHITE HOUSE,
Decemrberl 01, 1933.
(287)


27646*-20~0-11---33













DECEMBnER 8, 1933.
The PRESIDENT,
The WThit-e House.
SmI: This is a report on the Code of Fair Competition for the
Grinding Wheel Industry in, the United Stat~es, the hearing having
been conducted in Wasrhington on October 26, 1933, in accordance
w~ith the provisions of the N~ational Industr~ial Recovery Act.
PRO\'ISIONS FOR HOURS AND WAGZES

TChe ma ximum of 40 hours a w7eek andl 8 hours a dlay is provided
for factory employees except during peak periods whlen they w~ill be
permitted 36 adlditional hours in any 3-month period, bunt. not more
than 48 hours in anyT one w~eek;. Time and a hanlf will be paid for
.hours jin excess of 40 per wFseeki and 8 per day to the above employees
including: emergency maintenance and repair workler~s who will not
be limited in hours, and to shnippingr crews who will hav\e a tolerance
of 10 percent over the nrormnal mlaximum hours~. K~iln tendlers will
be limited to 48 hours a week, andl watchimen to 50 hours. Offce
employees will be limited to an average of 40 hours in any one wveek;
over a 3-monthi period', andl 48 hours in any one w~eek. Those in a
manager~ial, executive, or sulperv.isory capacity will not. be limited in
hours.
The minimum wpage to factory workers will be 40 cents to male
and female employees engaged in the same w crkr. To female em-
ployees not engcaged in the samie work as men, the minimum poyf w~ill
be 35 cents. Learners will receive no less than 80 percent ofthe
above minimumn rates. Offce employees w~ill be paid $;15 per week,
except for office boys and girls and mnessen~er~s. whto will receive 80
prc'ent of this minimumu.
CHILD LABOR

The mninimumn age of employees in this industryv will be 16 years,
except in hazardous occupations, where th~e minimum ag~re wijllbe 18
years.
ECONOMIC EFFECT OF COD)E

Thle 40-hour mlaximum week( adopted by the President's Reem-
ploym'ent Agreement and provided by thle Codle, and t~he new~ business
since June 1933, hav~e increased emplloymelnt 30 percent. The maxi-
m1um hours dfuring the! early pa.rt o~f 1933 and in previous years were
as high as 60 per wCeek. The ave-rage workiing time in 19329 was 511.5
hours per wceek. Employment dropped fromt 4,254 persons in 19"9
to 2,160 in the early part of 193:3 or 409 percent. Since June, this
figure has increased to 2,674, or almost to the 1931 employment level.
(2ss4)






289


The minimum pay for employees in this industry in 1990 and since
June 1933, has been 30 cents, and less than this during the depression.
Thus the minimum of 40 and 35 cents provided by the Code should
raise the standard of wages appreciably.
Sales of this Industry have decreased from $20.980.000 in 1929 to
$7,647,000 in 1932 or over 74 percent. In 1929, sales were 62 percent
of the $48,000,000 production capacity of 41 concerns; and in 1932, 15
percent of the $50,000.000 capacity of the present 42 concerns.
FINDINGS
The Administrator finds that.:
(0) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
thereof ; and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises and will not operate
to discriminate against t.hem, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code is approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.















FOR THE

GRHINDINPG WH~EEL INDU)'hSTRY'

ARTICLE I -~FURPOSPES

T~o effectunte the policies of Title I of the National Indulstrial
Recovery Act, the following p provisions are submitted as a Code
of Fair Competition for the Grindcing Wheel Inidustry, and upon
approval by thie Presidlent shall be the standardc of fair competition
for this indluctry, and binding upon every members ther~eof.

ARTCLE11-EFINITIONS

The term Grinding Wheel Industry or Indlustry "' as used
hlereinl shall mean the mlanufalctur~e and the sale b~y the masnufne-
tur~ers of grinding wheels, br~ick2s, stones, segments, b~locksr; and solid
d'ises.i which are emplloy~ed in grinding, sharpe~ning~r, polishing, and for
the removal of stckcl of metal, stone, wood, andl other materials, but
is niot definedl to mean thze fashioning and selling of Inaturl s as7nds~tone
wThe~els, inludl~1-ingr natural satndstonle pulpstones.
The term "Associaltion "' meanns the G~rind9iingr Whe~el Mannufnetur-
ers' Association.
TIPhe term empllloyee "' as used herein, includes any and~ all persons
ellngagd in the Indusitr~y, however compellnsaed, exicept a member of
the Indlustry
The term employer as used herein, inc~luders anyone for wThose
benefit such an employee is so engaged.
The term learner "as used herein, means a p~erson havinga no p~re-
vious experience in the Industry and whose per1iodl of employm"ent in
the Industry as such. shall not exceed three m~onths.
The term '"memberlc of the IndustrS '" includles, but w~ithlout. limnita-
tioni, any mndividual, partnership, association, corporation, or other
form of enterprise engaaged in the Industry, either as an1 employer or
on his or its o~wn behalf.
T~he term memberi1 of the Code inlcludes; any~ m~embler of thle
I~ndusltry3 who shall exrsl,sly signify assent to thlis Code.
Thne Qterml "Act ") m-eans Title I of the N~atiolnal Industry Rec-ov-ery

TIhe term "i Admllinis~.tentor '" meians the A~dminist rantor for Indus-
trial T1Recovery1.
The t e rrm~I C "l i n i lnist aion "I m)eanrs the Nation al R ecoer A~ dmni n is-
traltion.
"C Efl' c~live date "' as uwd~ herein, meanns the third Monda~y after the
da~y this Code shall have been ap~proved by the President of the
UInited. States.


CODPE O1F FAIR COM'IPETITIONa






291


ARTICLE III--HOUTRS

S~CTION 1. No accouinting, elerient, office, service or sales employees
(excelpt outside salesmenn? or any other emyloyee shall, except as
hereinnfter provided, w~ork or be permiitted to w~ork more than a
maximum week of forty (410) hours averanged~ over a three-monthi
period; provided, however. that such employees shall niot, be emnployed
more t~hnn fortyv-eight. (48) hours in any w~eek; and provided further
that no employees t~o wshomn this Section 1 ap~pliesj shall wor~k more
than six (6) days in any calendar wseek.
SEC. I. NO fa80000/ Or DlcaicORmel worker or partisan sha~ll, except
as hereinafter provided, w~ork or be permitted to work in excess of
forty (40>) hours in any seven (7) day periodl, or eight (8) hours in
any twenty-four (24) hour periodl; provided, however, that, during
any period in which a conlcentrated demand upon anyv division of
the Industry shall place an unusual and temporary burden for pro-
duction uipon its facilities, an employee of suich division mlay be
permitted to work not more than thirty-six (36) adlditionall hours
in any three (3)) month period! but not more than forty-eight (48)
hours in any seven (7) day periodl; and providled further that. no
employee to whom this Section applies shall w~ork more thanl six
(6) days inl any calendar week.
SEC. 3. The maximumi hours fixedl in the foregoing parnagraphs
shall not apply to employees in a mnanagerial, executive, or super-
visor~y capacity (not including undlerfor~emien or bosses engagedl on
production w~ork)j receiving thir~ty-five (35) dlollars or more per
week, nor to employees enganged in taking annual inventory, or
on emergency, ma~intenance, and repair work invrolving break-downs
or protection of life and property.
SEC. 4. A~ll employees to w-homl Sections 2 and ;3of this A-rticle
TIII apply, except managerialnl executive, and supervisors employees
receiving thirty-five (35) dollars or more per week, w-ho work mnore
than forty (40) hours in any seven (7~) day period or more thinn
eight (8) hours in any t~wenty-four (24) houir period! shall be paid
not less than one and one half (1%) times their normllll rate of
pay for said excess.
SEC. 5. No watchlmen shanll be permiittedl to w~ork inl excess of
fifty-six (56) hours in any one w~eek.
SEC. 6. Kiln tenders shall be permitted to work a maxzimnum of
forty-eight (418) hours per week to meet the demand of emergency
peaks in production.
SEC. 7. Employees engaged onl shipping crews, including truck
drivers, shall be permitted a tolerance of ten (10) percent over the
maximium hours provided in Sections (1) and (2) of this Alrticle III.
ARTCLE IV TY TAGES

SECTION 1. No male employee, except as hiereinafter provided, shall
be paid at less than the rate of forty (410) cents an hour and no
female! employee shall be paid at less than the rate of thirty-fivle (35)
cents an hour; provided, however, that learners miay be paid not
less than 80%0 of such miinimum w~age. The number of employees
so paid as learners shall not. excd 5%: of thle total number of em-





292


ployeescr of any onre employer; but in anyl case such employer shall
be enltitledi to t\ive (2) such emnployees.
SEC. 2. ThliS AIrticle IV estabishes mn~inimlum rates of p~ay, re-
garidless of wlhether the employee is comnpensated on the basis of a
timei-ratle or a piewiv\\ork performances or otherw\Pise.
SEc. 3. Ail person whose ear~ningr capacrity is limited because of
age or physical or mental handcicap may be emnployedl on light work
at a weae below the minimum establishedl by this Code if the emn-
p~layetr obtains from the State authority designated by the United
States De~palrtment of L~abor a certificate aulthorizing his emplloy-
mnenlt at such wnees~ and for such~l hours as shall be stated in t~he
cer~tificante. Each fll, 3em loye shall file withl the Clode Authority a~ list
of all such, persons emnploy~ed by him.
SEc. 4. T~he minimum wage that shall be paid to employees to
whlom Section (1) of Article III applies, shall not be less than
fifteen (15) dollars per week; pr"ovidedt, however, that office boys
and girls and mess lgengers sh~all be paid at a rate not less than eighty
(80) percent of the minimum salary provided in this Section (4)
of ALrticle ]IV; and provided further that thle number of such office
boysi and gi~rlfs andl messe~i ngers so paiid -hall I:onlst.it.ute not more than
five (5) percent of the total numlber of emloyel!~ces of any one em-
p~lo~yer, and in any case, such emp~loyer shanll be entitled to two (2)
such employees.
S~c. 5. Female employees pjerformlinlg substantially the same wosk
as male employees shall rececivet the samne rate of pay as male
emlo~,yees.
ZSEc. 6. The wage rates for all operations anld duties shall be equit-
ably ad3justedl when this Code becomes effecctive, andi in making such
adjustments, in no case shall the hourly rate b~e decreased. Each
member of~ the industry shall re-por~t all sulch adjustments to the Code
ALuthnority within 30 days of the effective date.c
SEEc. 7, Nio employer shafll reclassify emplloyees; or duties of occul-
patiqns performed, or engage in any other subter~fuge for the purpose
of defeatinlg the purposes or provisions of thle A-ct or of this Code.
ARTICLE V--CIIIILD L.anonT

N~o piersoc n under sisteen (16i) years of age shall be e~mployed in
thet Industry. No person under eighteen (18)1 years of age shall be
employed at operations or occupations which ar~e hazardous in na-
ture or dangerous to health. The Codle Authority shall submit to
the administration before February 1, 1934, a list. of such operations
or occupationis. In~ any State an employers shall be dleemied to hav~e
complied wit~h this pir~ovisionl as to age if hle shall have on file a cer-
tificate or permit duly slignedl b the Auithority in sucrh State empowf-
er~ed to issue emp~loyment or age cer~tificates or permits showinga that
the employee is of the r~equiredl age.
ARTICLE VI-GEJNERAL LAnonJ PnovisioNs

S~ECTION 1. EmlployeeCs sha:ll hav~e th~e right to organize and bar-
gain collec-tively through r~epres~cnntatives of their own choosing, and
shall be free fr~om thle inlterferecnce, recstraint, or coercion of employ-





293


ers of labor, or their agents, in th~e dlesigination of such recpresenta-
tives or in self-organization or in other concertedl activities for the
purpose of collective bargaining or other mnutual aid or pr~otection.
SCEC. 2 NO emplnloye and no orne seeking emnploymenrlt shall be re-
quired as a conditions of emnploymient to join any companyl unior~n or
to reframn from ;nommg, or~ganizing, or assistingl a labor organization
o~f hisl on~T1 choosing
SEc. 3. EmlnPoyers shall comply w~ith the maximiumi hours of labor,
muinimumi rates of pay, and other conditions orf emnploymenit appr~oved
or prescribed b1y the President..
SEc. 4. Within each State, no provisions of this Code shall super-
sedep any lawsc of such State ;imposingr mor~e str'ingent requir~ements,,
regulating the age of employees, wages, hours of wvork(, or health, fire
or general working condlitions, thann undler this Code.
bEC. 5. Every emnployer shall make reasonable provisions for the
safety and health of his employees at, the place and during thle hours
of their employment.
SEc. 6. All employers shall post complete copies of the Inbor pr~ovi-
sions of thiis Code in conspicuous places accessible to emlployees.
AiRTI~CLE TI I--ADMIIN IS'ITILITION

SEcTION 1. (a) TO effectuate the policies Of Title I Of tile Na~tional
Industriail Recovery Alct a Code Auth~ority is hereby designated to
cooperante with thle Admiunist~rator as a Planniing andl Fair Practice
Agency for the Grinding Wheel Indlustry. The Code A~uthiority
shall consist of seven (7) members of the IndZus-try wrho are mnem-
bers of the Association a~nd one member of thle Indlustry whlo is not
a memiiber of the Assiociation, selected byl a fair method of selection,
provided any nonmiembers of the Association in the Industry desire
such representation.
(b) In addition to membership as above provided, there mnay be
fromt one to three members, without. vote, as representatives of the
Administrator, to be appointed by himn, to serve for terms of sis (6j)
month-s to one (1) year from the dlate of appointment..
(c) Thle Boardl of Directors of the G~rindlinga Wheel Mnufanlic-
tur~ers Association shall ap'point th~e members of the Codec Authority
to represent the said Association andl those mnay or maoy not be
members of the Board of Directors, and the nonmnembers of the
Association shall nominate and elect their member by a fair method
subject to the a~pproval of the AIdministrator.
(d) Each trade or industrial association directly or indlirectly par-
ticipating in the selection or activities of the Code Authlority shall
(1) Iimpose no mnequitable restriction on membership, and (2) submit
to the Adlministrator true copies of its articles of association, bylaws,
regulations, and any amnendmnents when made thereto, together w~ithi
such other information as to membership, organization, and activities
as thle Admninistrator may deem necessary to effectuate the purposes
of the Act.
(e) In order that the Code Authority shall at all times be truly
representative of the Indlustry and in other respects comply w~ith
the provisions of the Act, the Admninistrator mayv prescribe suchl
hearings as he may deem proper; and thereafter if he shall find





294


that th~e Codte Authority is not truly r~epr~esentative or does not in
other resp~ects comply~ with the p~rov-isions of the AcCt, mlay require
an appr,1op'riate~ mo-dif ntioni in th~e method of selection of the Codle
Authorrity.
(f) Mlemiber~s of the Industry~ shall be entitled to participate in
anl share the benefits of the activities of th~e Code Auth~ority and
to participated in the selection of thle mlembe~rs therleof by assenting
to and complying with thle requirements of this Code andi sustaininga
their reasonable share of the expenses of its administration. Such
reaonale har oftheexpnses of adinillstration shall be dleter-
minled b~y thec Code Authority, subject t~o review by t.he Admlinistra-
tor, on the basis of volume of business and or suchi other factors
as ma~y be dlelemed equ~~itable.c
SEC. 2. Th~e Code Aut~hority shall have the following~ further
]powrers. and duties, the exercise of whlichl shall be reportedly to the
Administrator and shall be subject. to his rightt, onl review, to approve
or disapprovec any action taken by th-e C'ode Aut~hor~ity:
(a) To collect from every member of the Industry such informia-
tion conlcerning wage rates and hours of workr as may be required
to enable the Code Authority to determine whether there has been
compliance with the provisions of thle National Industr~ial Recov~ery
Act and with the pro-isiions of this C~ode, andc such further informna-
tion as may be required to enable the Indlustry through said~ Code
ALuthority to report requir~ed informiationi to the Admninistrator.
In addition to information r~equiredl to be submitted to the Code
Authority~, there shall be fur~nished to grovernmllent agrenlciecs su!ch
statistical information as the Admlliinistrattor may deem necessary for
the purposes~ recited in. Sectioni 3 (a) of the hNational Ind~ustr~ial
Recovery Act.
(b) The Code Authority shall study! this Code and the operation
thereof and~ shall make any recommrlenarntions; fromi time to time to
the ~Admrinistrator which. it deems dlesiranble for modification or addi-
tionl thereCto which upon01 approvalR oIf the President of the United
States, after such herniing as hie may~ pr1escribe, ; hall become a7 part
of this Code and have full force and eftfect as provisionls her~eof.
ARTICLE VI111-THADE FERACTICES

It shall be an unfair method of competition andl a violat~ionl of this
Code for any member of the Indlustryl to engage in any3 of the follow-
1Hlg 30800CGScci:
(1) The false markBing or branding of the products of the Indus-
try, with the intent of misile~nding or deceiving pur~chasers with
respc't to the quiantity, quality, size, or subistanne of the goods
pJurch~ased.
(2) Ma~king~ or anusing or permlittinlg to be made or published any
false, untr~ue. or deceptive statement by wTay of advertisement or
otherwise conicerning the quality,? quantity, substance, character, na-
tur~e, origin, size, or p~rep~arationl of any product of the Industry,
having the tenldenlcy and capacity to miislead or deceive purchasers or
prorspective purcha:seris or to affect injuriously\ the business of comn-
petitors.
(3) The imitation of the trande miar~ks, trade names, slogans, or
other markts of identification of competitors, havinga the tendency and






295


capacity to mislead or deceive purchasers or pr~ospecctive purchnsors,
or to atfete injuriously the business of such competitors.
(4) TheP de~famation of competitors by falsely ;imputing to) them
dishonorable conduct, inability to performn contracts, o~r questionable
credit standing, or by other false representation, or the false dis-
paragement of the quality of their goods.
(5) Wilfully inducing or attempting to induce the breach of exist-
ing contracts between competitors and their culstome1Irs,; or inlterferingr
with or obstructingf the performance of any such contractual duties
or services, with the purpose and effect of humper~ing, injuring, or
embarrassing competitors in their business.
(6) Initiating negotiations with emnployees of com~petitors to enlticee
them away or induce them to violate their products.
(7) The making of promises of delivery that. are misleadingr or
that cannot reasonably be fulfilled.
(8) The secret payment or allowance to any culstomner of rebates,
refunds, or credits, whether in the form of money or otherwise.
(9) The paying or promising to pay the custom-ers or their emn-
ployees, or prospective customers, of a commission or consideration
of any character; or unwarranted entertainment or improper gratui-
ties for the purpose of inducing or comipensrating for a sale. This
provision shall not be construed to prohibit free and general dis-
tribution of articles commonly used for adlvertisementt except so far
as such articles are actu~ally tsed for conmmerchll br1ibery as hierein-
above defined.
(10) The sale or offering for sale of any products under a guar-
antee of -perforrmance becausP of the impossib~lity of dePfning* and
mnaintainnin the conditions under whiich suchi a guarantee can hon-
estly be ma~de. Guarantees of material a7nd workmanship are quite
proper.
(11) The shipping of products niot conforming in respect to
dimensional tolerances to thle standards of the Association to a user
of products for. trial or on regular orders, unless specified by the
uiser, thuis pultting his competitor at a disadvantage when thle con-
sumer compiles relative cost figures; provided, however, that if the
application of these standards should at any time work unjust hanrd-
ship up~on any member of thle Industry, such memnber may appIeal to
the Code Authority, which shall have the power' to grant suchi relief
as justice may reqlirre. If the Code Author~ity should deny relief or
should fail to take action upon any applications for relief within
twenty (20) days from the date of said appliention, such member
may appeal to the Administrator, who shall have power to grant
such relief.
(12) N~o member of the Industry shall sell or exchange any prod-
uets at a price belowv his own individual cost, except to meet thle cost
of a lower cost producer who is not. violating the provisions of this
Code, provided that nothing in this paragraphs (12) shall prohibit
the sale below cost of obsolete or discontinued lines, distress mler-
chandise, or any other article inferior to the standard product, where
such conditions of obsoleteness, damage, or inferiority is clearly
indiented.
(13) Eachi member of the Indurstry sharll within thirtyv (30) days
after the effective date of the Code file withl the Code Authority n




UNIVERSITY OF FLORIDA

I1ll1|||11l1 I III I11111lll IIIIIIIIIIIIII1111llill
29 3 1262 08486 8529

net price list or a price list, and discount sheet, as the case may be,
individually prlepar~ed~ by him, showing his current prices or prices
and discounts and terms~i of~payment, and if he so desires the name of
his customers to ho0m2 limit prices are quoted. This information
will be open to examination at the office of the Code Authority and
echct member of the Indlustry w~ill have a right to examination of
these records to the samie degree that he has furnished similar in-
formationl. No member of the Industry wTill deviate from his lists
thuls filed until revised lists have been Sled with the Code Authorityr
a~nd copies thereof shall be: available for examination by all members
of the ]Industry to t~he same degree as th~ey are supplying revised
in formalltion. NoT~ member of the Indu~t~ry shall sell his products at
prices or terms m~ore favorable than those provided in his current
net price list or price lists and discount sheets as submitted to the
Code Auithority, except ns otherw-ise provided herein.
(14) Wheelsi mayS be furnished for trial purposes under the fol-
lowringr sterns: Furll payment is to be made if wheels are satisfactory,
or if par~tially satisfactory andi usable, to be paid for on the basis of
value r~ecegivedl, or if unusable, t~o be returned for full credit. All trial
shipmlents shall b~e invoicedl at the mnember's established p~rices. Any
dev~intion from these teirms except where the amount involved is less
than two ($2.00j) dlollar~s shall be considered unfinr competition.
(15) The giving awayv of or offering fr~ee trial wheels or products
e~xcept where the aImounlt involved is less than tw~o ($t2.00) dollars
is hereby conside~redl as unfair competition.
(16) Price guarantees shall be given only on bona fide orders
covering definite quantities of dlefinlite specifications and the price
prevaniling on the date the order is placed may apply only to all
or~der~s calling, for shipment within eight (8) weeks of the date of
the order. On such shlipmlents as may be deferred beyond the eight
(8) wTeekis' period at the request of the customer, the price prevail-
ing at the time of shipment shall apply. Providled further, that
notw~ithst nd2i ng the provisions of Section ( 13) of t his Article VIII,
any written qurotation accepted by a customer writhinr ten days for
shipment within eight (8~) weeks mnay be filled at the prices shown
on suchi written quotation.
ARnTICLE Ia -110DIFICATION

STECTION 1. Thlis Code and all the provisions thereof are expressly
made subject to thle right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the N~uat~ional Industriatl
Recovery Act, from time to time to cancel or modify any order,
approval,? license, rule, or regulation issued under Title I of said
Act andt spec~ificallyv but w-ithout limitation, to the right of the
President to cancel or modify his approval of this Code or any con-
ditions imnposedl by himi upon his approval thereof.
Approv'ed C'ode No. 1's"0.
Registry No. 1001-03.