IFor salebythe Superintendent ofDocumentsWsingtonD -- -- -- -- Price cents
Approved Code No. 544 Registry No. 1405--11
NATIONAL RECOVERY ADMINISTRATION -
COD)E OF ]FAtIR COMIPIETCITIPON
AND REFINISHING TRADE
AS APPROVED ON JANUARY 24, 1935
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of D~ocuments, Governmlent
Printing Offi~ce, Washington, D. C., and by district offices of the Bureau of Foreign
and D~omestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N. Y.: Chamtber of Commerce Biuilding.
Charleston, S. C.: Chamb~er of Comzmerce Building.
Chicrago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mliell. 801 First Nationlal Bank Building.
Houston, Tex.: Chamber of Commerce Duildinlg.
Indianapolis, Ind.: Chamber of Commerce ]Buildling.
Jacksonville, F~la.: Chamber of Comrmerce Building.
Kansas City, Mo.: 1028d Baltimore Avenue.
Los Anugielo.< Calif.: 1163 South Broadwa~y.
Louisv~ille, Kyg: 408. Federal Bu~alidine.
Mlemphis, Tenn.: 229 Fedleral Building.
Mlinneapnli.<,i~ Minnl.: 213 Federal Buildling.
New Oillransl, L-a.: Rioom 225-A, Customhouse.
New Yiork, N. Y.: 734 Custombouse.
Norfolk, Va.: 406 East Pl~ume Street. .
Phliladle~lpial. Pa.: 4223 Commercial Tru~t Buildling.
Pittaburir-i Pa.: Chat~ullvlr of Commerce B~uilding.
Portland, Oreg.: 215 INew Plost Oflfice Iuildling.
St. Louis, Mo.: 506 Olive Street.
Baln Panlc~islco.l Calif.: 310 Customhouse.
Seattle, WSashz.: 809 F~ederal Office B3uildig.
Approved Code No. 544
CODE OF FAIR COMIPETITION(D
AUTO RtEBUILDIN11PH~G AND~PJ RLEF~llSINISINI G ~TRAD~E
As Approved on January 24, 1935
COD)E OF FAIR COIPIETITIONU FOR TH-E AUTo REBUILDING AND
Anr app~licationl having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition. for the Auto Rebuilding and Refinishingr Trade,
anld hearings having been duly held thereon, and the Ntational Indlus-
trial Recovery Board hlavingr rendered its report containing an anal-
ysis of the said Code of Fair C~ompetition, together with its recom-
mendations and findings with respect thereto, and the ~National In-
dustrial Recovery Board having found that the said Code of Fair
Competition complies in. all respects with the pecrtinlent, provisions
of Title I of said Aqct, and that the requirements of C1:llsesc (1) and
(2) of Sub-Section (a) of Section 3 of the said Act have been met:
NOW, THEEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June 16, 1933, anld
otherwise, do adopt and approve the report, recommendations, and
findings of the National Industrial Recovery B~oard, and do order
thnat the said Code of Fair Com-petition be and it is hereby approved;
provided, however, that. Sections 2 and 3 of Article VII and Rule 14
of Article VIII be and they are hereby stayed pending the further
order of the Niational Industrial Recovery Board.
FRANKINTU D). RiOOSEVELT.
Approval r~eonune~r n ~led :
NATIONAL INDl.;TlRIALI RECOVERY ItOARD),
By W. A. HaTnurnrr~ ,
Ad ministrative O ff'cer.
TI+E IraTIITE; HjOU;SE,
Jani uory 94, 1935.
1110 37*---1465-1 0T-35 1
LETTER OFi TRANSMIT~nTA L
The WChite Horctse.
Sm: T'his is a report on the Codte of Fair ComplIetition for thre
~Auto Rtebuilding and Refinishiing Trade as rev\ised after the hearing
conducted in Was';~hington on March 14, 1934- and in necordanlrce with
the provisions of the ~Nat~ional Indusltriarl REecovery A~ct.
'PROI.M'IOI(NS OF TH-E CODE AS TO rIIcUSr:, WAG~ES AN'D GENERAL; LABOR
This Codte ~provides for a maximum wIork wFeek of forty-four
hours -withn the following exceptions and excnmptiojns:
(a) Clerical or office employees, who mlay work t we additional
hours in any two twenty-four hour periods in. anly th~irty da~y period;
(b) Wa~tc~hmeln, who may wrpork not in exlces~ of fifty-.mi holr~s in
any seven day period but not over twelve~ hours in any twecnty-fourr
hour period nor over six days in any sev-en day per~iod;
(c) Empll~ loyeesI engagedrC~ woholly~ in outside~ slling~;
(d) Apprenticesle (subject to Exrecutive Order N~o. 67150--C);
(e) Persons engnearcl in a managerid or excus~ctiv~e capacity who
earn regularly thirty--five dollars per week or more.
OwnrrlTs, managerl~.lS or other executives shall, wFPhen engaged in
performing any work not of a malnagnerial or even~Jtive~ natlure, con~-
form? to thet maximum hours providled for employeesr pecrform!ing
This Codte establ-lishes a mlinimum~ rate of pay of .eisteecn dollars
per week ex.cept thati no productive employee~lc not onI call shall
be paid less than71 fifty (c'lntb per hour. Other~~ eceprtionsl apply to
prodnectiver employees "on call"?, apprrentlllices, and handillcalpped
No person''1 under eighlteenr years; of age' shall be employedc at op~era-
tions or occulpationl-. which are halzalr~dous in n~tulre or alnngerousa to
healtht aznd no pe.14crl onunder sixt~en years of age shall be emlployedd
in anry capacity.
Employees~ shall1 have the right to organlize and ba,;rga;in collec-
tively thlrough~l repre~~-enltatives of their owntI- choos(lingl and' no one
shall be regliior(l a~s a condlition of i'mlploynsent'l to join any conpanyS
uDIcGII oF I'chl'lll1 frOMn jOingalho raimtniofhson los
mg.i N~o employee shall be dlischar~rc sed. demotedl or otherwise (li -
denee writh respcl''t to an allegedI violation of thIis Codec.
Thte Auto( Rebu~lildlin~ andl Riefinii-hinei Tr:1;I` is untjll-7inumble ini
character, HIcX 11;1; (l*,Iilly inlI;l~ l Vi~ 18 IIclief.41 tllfullyllc l a Icrihl o PiO
year<' and1, at thell present time., consists of Ipprloxiatlylt~ ceig~t. thou-
sand, with a total annual volume of approximately three hundred
and ninety million dollars and employs app~roxrimately seventy
Highly ~ ~ ,..... skle catme npanig upholstering, wvoodworkingr,
metal working and blacksmithing are reqcuired~ in this T~rade, th~e m~a-
jority of whom must serve as appr~entic~es for an extensive period.
Therefore, it is necessary to employ app~rentices in. thnis Trade and
provisions are made in the Code to conform with Executivce Order
No. 6750--C, issued June 27, 1934.
The D~eputy Administra~to-r in his final1 report to us on said Code
having found as herein set forth and onl the basis of a~ll the pro-
ceedings in this ma;tter;
The Nlational Industrial Recovery Board finds tha~t:
(a) Said Code is well designed to promote the po(licies and pur-
poses of Title I: of the National Industrial 1Reco'~vcery Act, includ-
ing removal of o.bstructions to the free flow of inlterstate and foreign
commerce wPhich tend to dimlinish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among trade groups,
by inducing and maintaining united actions of labor and manage-
ment under adeqcualte governmental sanctions and supervision, by
eliminating unfair competitive practices, by prom~oting the fullest
possible utilization of th~e present productive capacity of industries,
by avoiding undue re~striction of production (except as may be tem-
porarily- required), by incrleasingr consumption of industrial anld
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise~ rehabilitating industry.
(b) T'he Code as approved complies inl all respects with the perti-
nent provisions of said title of said act, including without limitation
subsection (a) of section 3, subsection (a) of section 7, and suxb-
section (b) of section 10 thereof; and that thne applicant association
is a trade association truly replresentative of the aforesaid trade; and
that said association imposes no inequitable restrictions on admis-
sion to membership therein.
(c) TPhe Code is not designed to and will not permit monopolies or
(d) The Code is not designed to and will1 not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) Those engaaged in other steps of the economic process have
not been deprived of the right to be heard prior to the approval of
(f) T~he Auto Rebuilding and Refinlishing Trade normally em-
ploys approxrimatetly seventy thousands employees and is classifiedl
by us as a major Industry.
F(or these reasons. therefore, the Natiornal Industrial R~covery
Board recommends the approval`" of this Code.
1For the Nliational Industrial Recovery Board.
WV. A. HARRIMABN,
Ad ministrative O f)7cer.
Jwa-nrY 23, 19351.
CODE OF FAIR COMPETITI'ION ]FOIR THE AclUTO REBUILD-
ING AND REF~INCISHING TRADE
To effectuate the policies of Title I of the N)Iational Indlustr~ial
Recovery Aict, the following provisions are estab~lishedti as a Code of
Fair Competition for the Auto Rebuilding and Re~fin~ishing Tradte,
and shall be the standard.,l of fair competition for this Trade atnd
binding upon every member theretof.
Annou:LI II- DZr:nIScIIOus
SEenowO 1. T~he term "LAuto Rebuilding and Refinising Tr~ade "
or Tradle as used herecin, is defined to mea:n and3 include:
(a) The rebuilding, refinishling, renovating, reconditioning and/or
recpa'intin of any- motor vehicle body or part thereof (excepting
colnunercial vehicle bodies not manufactulredl by or sold to the ma~nu-
facturers or assmbersl~~ of mlotorr vehicle ch2assis), including general
blacksmith workr on3 a motor vehicle chassis incidenItal to such oper-
atioons, and including inspections to determine the necessity for anyT
such operal~tions,~ and also including the repasintin of any motor
vehicle chass~is or part thereo~ccf, by way of service to the geneal
public for a consideral1tio.n implied or expressed, and may .include
(but subject solely to the provisions of this Code anrd not to those
of the Code oif Fair Competition for the Mo~tor Vehicle Masintenatnce
Trade) anly operat~lion~ upon1 the hood, hood sill, fenders, running
board, shields frontn, side a~nd ren rl aprons), and the ra~dia~tor shell,
core and tankr; and/or
(b) The sale of body hlardwar;Ie bodly parts and arccssories, and
other parts, byT mlembe~rs of this tradecl inc~identall to tle' operations
set forth in paragiraph (az) of this Sectionr; anld/or
(c) The traln.sfe~ rrin of customers~l~' motor vehlilcls and/or parts
thlereof by) members of this Trade, as herein defined, to and from~ any
places which circumstanilces nrlly require as iic~idenital to any of the
above .menitionedl opertiiuions.
T~he term Trudet '" as used~t hlereinl includes such rclaltedr blranchelCs
and/or subdiv\isionsl whichi mnay from time to time be ilc~ludedc~ under
thze provisions of this Code after -wh''I notice and hear';ling as thie
National R~ecovery Admainistration ma~ prescribe.
SECTON 2. The terux "' motor v~ehicle as uwd~ hnerein is de~finedi to
menlc automnobiles inelcluingb: p..ne catrs. u s tai-ca:bs,
hear.-v~s,, ambulances, fire appar:atus, Icomnno-rdal~ vehli'les,) truc(ks, andt
truck;-t.~ nlcractor; for use~ on thle highwvayS.i but exclusive of mlotrcyIcle~ls.
Seenox(~ 3. The1( term '"nllemberc~l of Lthe trade11"i as ulsedl herin in-
cludles, but wRithout limitation? any indivillua~l. parltnrshI~;l i p, associa-
tion, corporations or other form of enterprise engaged in the Trade,
either as an employer or on his or its own behalf.
SECTION 4. Th1e term employee as used herein includes ainy and
all persons engaged in the trade, however compensated, except a
member of the trade.
SECTION 5. The term employer as used herein includes anyone
by whom any such employee is compensated or employed.
SECTION 6. (a) 'Ihe term salesianal" as used. herein is defined to
mean and include an employee engaged in thne selling and/or pro-
moting the sale of the products and/or services of this trade, and
thie functions of selling or promoting the sale are hereina~fter referred
to as "L selling."
(b) The activities of selling are div-ided into two classes: the first
including those activities requiring the presence of a salesman on or
in the! premises of the member of the trade; and the second requiring
the presence of the salesma~n away from. the premises of the mem-
ber of the tradec except for the dlemonstrationr of the product and/or
service to be sold or for the making, recording or execution of an
estimate, order or other document in connection. with any sale or
for the receiving of instructions. F'or the purposes of this Code
all time of a salesman occupied in the first class is referred to as
"L inside selling and all time in the second class as "' outside selling."
SECTION 7. The term productive employee as used herein is de-
fined to mean and -include any~ employee (including an apprentice)
engaged in any of the operations described in, paragraph. (a) of Sec-
tion 1 of this Article.
SECTION 8. The term apprentice as used herein, shall mean a
person of at least sixteen (16) years of age who has entered into at
written contract with an employer or an association of employers
and which contract provides for at least two thousand (2000) hours
of reasonably continuous employment for such person and his partic-
ipa~tion. in an approved program of training as provided for in
Article IVTI, Section 4 of this Code.
SIECTION 9. The3 term "Association as used herein. is defined to
mean the "LAuto Rebuilders Alssociation of the United States ", an
incorporated trade association.
SECTION 10. The terms President and "LAct as used herein,
mean respectively, thne President of the Ulnited States and Title I of
the National Inldustrial Recovery Act. The term National Re-
covery Administration as used herein means such person or per-
sons, board or agency, as may from time to time be designated by the
President, pursuant to Section 2 (b) of the ~Act, to administer the
provisions of this Code.
ARTICLE III -HounRs
SECTION 1. MG4677tiveu HToues.-N~Po employee shall be permitted to
work in excess of forty-four (44) Jiours in any seven (7) day period
or eight (8) hours in any twenty-four (24) hour period or six (6)
days in any seven ('7) dlay period, except as herein otherwise
SECTION 2. EwoeptiotwS to Section 1.--(a) AP person employed in
clerical or office w~ork may be permitted to work two (2) additional
hours in each of but not more than, two (2) twrenty-f our (24) hour
periods in any thirty (30) day period.
(b) A8 watchman m~ay be permitted to work not in excess of
fifty-six: (56) hours in any seven (7) day period nor in excess of
twelve (12) hours in any tw9enty-four (24) hour period, nor in excess
of sixz (6) days in any seven (7) day period.
SECTION. 3. T~he provisions of Section 1 of this Alrt~cle shall apply
to salesmen engagedpr in insidelp selling in whole or in part.
SECTION 4. ~Ewemptions to Secirfon! 1.--(a) The provisions of this
Article respecting hours of employment shall not apply to salesmen
engaged only in outside selling, nor to apprentices as herein othe~r-
wise provided by Section 4 of Article IV of this Code, nor to persons
engaged in a managerial or executive capacity who earn regularly
thirty-fivie dollars ($35.00) per week or more except as herein
otherwise provided by Section 6 of this Article.
SECTIO(N 5. (a) An employee shall be deemed to be continuously
in the employ of his employer during all periods of time his emplloyer
requires him to be "' on call or to be available waiting for the
performance of specific work~l.
(b) Employ~ment '"on. call or available "' waiting for the pe~r-
formance of specific wpork: is not to be construed as affecting thze
classification or occupation, of anl employee.
SIECTION 6. MeI~mbersu of the trade, themselv-es, shall not work,
nor permit their executives or managers to work, when engaged
in performing anly work not of a managerial or executive nature,
in excess of the maximulm hours herein. prescribed for other emplloy-
ees performning such work.
Sernoxl~ 7. No employer shall knowingly p~ermlit any employee to
work: for any time which, when added to time spent at wnorkL for
another emplloyer or employers, exceetds the maximnumn permitted
S~ErnowI 8. ~No empll~oyer shall permit any emlplo~yee, engagedl in
performing workr of m~core than one canss~~ilecntic ion or oc~cupationl, to
workz for anly time in excess of the least of the maxsimumn number
of hours p~rescriibed hnereiln for such clas..ifie~ntions. or occlpationsj.
,CEC-'rmS 9. For the! p`uros ~l))4Sof calculating the( t imel inl any twenty-
four (24) hour -peuriod for which, wages are due andl payanble andi for
enklatingi~ l thel ma~ximum hours, the timelf of employmelt nt shll:1 be
reckoned continuously fromt the star~ting time inz anyshtwn-
four (24) hour pecrio-d except for ai meal-time perio suht~nyof not more
than one (1) hour.
Azericts IV -WAGES
Sw: rmls 1. MirZind.inum) W~age ----No employees shall be paid less thanr
at the rate of Sixteen~l Dofllrs ($16.00) perr w~eek, exs(c'lt us helrein
otherwis\i e provided.
Seemrr s 2. Miinimum~ Wlage~ for P~~rrodctivec Emlo~yl eer s.----No pro-
dcilctive! employece (exccept:1 as hrtrn otherw\ise provided~ by Sectlons
3 and( 4 of this Alrt h-lre) shall be paid aIt less than thle ratte of fifty
cenits (80,..111) per hour.
Sce ne~,i 3. M~tinimum11 ,I-alle for time~l of (1mployees'~ "L on2 ca "1 or
'" !ralabhr~(.'"-N~lo ernipheyee shall be paid for le~ss than four (4) hours'
wor~k at his regurlarll rate of paty, for his c~lassifi~aicain or occupation,
for the first four (4) hours, or any part thereof, that he is' "on call "
or "L available waiting for the performance of specific wTorki in each
tw7pentyT-four (i24) hour period; nor less than one-half (1/2) his
hourly rate of pay, for his c~las ~ificat~ion1 or occupation, for all time
"L on. call or "( available waiting for thze performance of specific
work, in excess of four (4) hours in each twenty-four (24) ho~ur
period ; provided, however, that in no event shall such latter o
call or available rate be less than thirty-six cents ($0.36) per
SECTION 4. Wages for Alpprent ices.--Subject to such rules andt
regulations as may be issued or prescribedl pursuant to the Atct,
including but without limitation, Executive Order N~o. 6750-C, issued
June 27, 1934, and subject to the provisions of Section 1 of Article V,
each employer may employ apprentices; providled, however, that for
t~he first period of indenture no apprentice shall be paid at less than
thirty per cent (30%0) of the minimum rate for other productive
employees in thne trade or occupation in, which the app~rentice is
indentured, and in no event at less than the rate of twcsenty-five cents
($0.25) per hour; and provided, further, that at no time shall the
number of such apprentices employed by any one employer exceed
the ratio of one (1) apprentice to each five (5) other productive
employees employed by such. employer in the trade or oc~cupalltion for
which the apprentice is indentured. TPhe rates of wngesc t~o be paid
to apprentices during other periods of apprenticeship shall be in
accordance with th~e contract or indenture which in no event shall
provide for a rate, during the last period of indentunre, less than
eighty per cent (80%0) of the minimum rate of other productive
employees in. the trade or occupation in which. the apprentice is
indentured. Each employer shall, wi-thinl thirty (30) days after the
constitution and organization of the Code Authority, file a certified
copy of each apprenticeship indenture for each apprentice in his
employ and, thereafter, shall likew~~icse file similar documents w~it~hin
thirty (30) days after the employment of any other apprentice.
SEiCTION 5. Employees engaged in performing woork of more than
on~e classification or occupation shall be paid for all time duringatny
twenty-four (24) hour period at not less than the highetoth
minimum rates prescribed for such classifications or occupations in
which such employee is engaged.
SECTION 6. Female employees performing substantially th~e same
work as male employees shall receive the same rate of pay as male
SECTION 7. This Code: provides for rates of pay w-hich shall apply
irrespective of whether an employee is compensated on. a time rate,
piecewcork, commission or other basis.
SEnox:I 8. A person whose earning capacity is limited- beca:ue of
age, physical or mental handicap, or other infirmityv, may be em-
ployed on light workz at a wage below th~e minimum established by
this Code if the employer obt~ains from, the State authority dlesignated
by the U~nited States Department of Lab~or a certificate authorizing
his employment at such wrages and for such hours as shall be .stated
in the certificate. Each employer shanl file monthly with the Code
Authority a list of all such persons employed by him, showing the
w~ages paid to, and the maximum hours of work for, such employee.
SIECTI[ON 9. Each member of the tradle shall make payment for all
wages and/or other form of compensation due, in lawful currecy
or by neg~otinble~t checkr, payable on demand. WIages anld/or other
form of compensation shall be due and payable at the enlld of each
pay period, at least at semi-monthlyy inte~rvals.
SETC.TION 10. Upon the effective date hereof each employer shall
promptly adjust the schedule of w~ages of his employ-ees in suchl an
equiitable mninerci as will conformi to the provi ions hereinabove set
forth. and still preserve wage di~ffe~retials r~eanacllbly proportionate
to those in effect prior to the effective date of this Code. All em-
ployers shall file with. the Code Ai~uthority-, withlin ninetyt (90) days
after thne effective date of this Code, comp-lete rprts setting forth
wage and hour adjus~itownct s of all employees. Sch reports shall
be avai:ibleli to the National Recovery Ashnriinistration.
SECTION 11., Iln no event, ini effecting the adjustments m-Iade neces-
sary by this Cod~e, shall rates of pay be reduced, irresp~ective of
whether corlt.nipentionl is actually paid on an hourly, wee~kly or
other basis, nlor sha~ll any wages be at less than the minimum~ rates
provided in this C~ode.
ARTICLE V--GENERAL LALSBOR PROVISIO~NS
SECTION 1. No person under eighteen (18) years of age shal be
employed ini the trade at operations or occup~atio~nsi which are hazard-
ous in nature or dangrour~c ls to health. No perlso~n under sixiteen (16)
years of age shall be employed in the tradle in any ca pa city. In any
State any employer shall be deemed to have comp~llied wnit~h this
provision as to age if he shall have on file a certificate or permit
duly signed byi the Authority in such State emnpowe-redl to issue
employment or age certificates or permits showing that the employee
is of the required age. WTithin ninety (90) days after effective date
of this Code, the Code Aut~hority shall submit to the Natiornal Re-
covery Adlministration a list of such operclationls or occupations in
the trade which are hazardous in n3tulre or datnlgerous to health.
SECTcION 2. (a) Employees~c shall have the right to organize and
bargain collectively through~~ representatives of their own choosing,
and shall be free fr~om the interfe~ren~ce,, ret.-.t aint, or coetrcion of
employer, of labor, o~r their agent in. the des~ign~tion of such
represent:atives or in self-orga~,niz tintcl or in other concerted activi-
ties for thec purpose of collective bargu~;ining~ or other mutual aid or
(b) N~o employee and no one -IYsking employment~ii shall be reCquired
as a condition of employment to join any company union or to Irefrain
from joining~, organiiizing, or asis~iting a ~labor organllizatio on ofl his
own shrowing, andl
(c) Employers~ shall comply w\ithl the maxlsimuml hour11s of labor,
minimum rates of pay1, atnd other condicltions of employment ap~proved
or prscccr~ibedl by the resc~ ident.t
~PErevieS 3. NO em~rrploye'r shall rc~lassify emlployee~s or duties of
orccupltio~n perfuI~rined or e~ngagle in any otherr subterfu~e~ so as to
dtefe~at the purposesc~ or pr1ov-idesll of the Aict or, of t~his 0(oe.
,S;EC'I1I. 4. Evcry3 Iunplloyer1 .sha1 ~lll mak reasonabllle pr1ov-isions for
the safety an1d health, of h'is empllloyesc a~t the~ plla~ce andl duringr the
hours of their employment. Standards for safety and health shall
be submitted by the Code Authority to the National Recovery ALdmin-
istration for approval within three (3). months after the effective
date of this Code. The~ standards approved shall thnereafter be a
part of this Code and binding as such.
SECTION 5. No provision of this Code shall supersede aLny State
or FEederal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work or as to safety,
health, sanitary or general work~ingr conditions or insurance or fire
protection than are imposed byr this Code.
SECTION 6. All employers shall post and ke~ep posted copies of this
Code and/or any amendments thereto in consp~icuous places acces-
sible to aill employees. EveryT member of the trade shall comply with
allrues af~sr~,~eBnd regulations relative to the posting of provisions of
Code ofFai Copetition which Imay from time to time be pre-
scribed by the National Recovery Administration.
SECTION 7. No employee shall be discharged, demoted, or otherwise
discriminated against by reasons of making a complaint or giving
evidence with respect to an alleged violation of this Code.
AnlL VTI---ORGANIZATION, POWERS AND DUTIES OFi THIE CODE
SECTIONJ 1. A Code Authority is hereby established.
SECTION 2. The Code Authnority shall consist of nine (9) trade
members, to be selected in the followFCing manner :
(a) The members of the trade shall elect the trade members of the
Code Authority by a majority vote of the members of the trade
participating in the election.
(b) Each member of the trade shall have equal voting rights.
(c) As many as, but not exceeding, two (2) of the trade members
of the Code A-uthority shall be selected from members of the trade
wCho are not members of the Association, and who are eligible as pro-
vided by Section 1_2 (i) of this Article, if anyT, and who will serve.
The complement of the trade membercls of the Code Authority shall
be selected from members of the trade wCCho are members of the Asso-
ciation, who are likewise eligible as provided by Section 12 (i) of
this A~rticle and who will likewise serve.
(d) TIhe trade members of the Code Authority shall be elected to
serve for terms not to exceed one (1) year.
(e) In the event of any vacancy in the membership of the trade
members of the Code Authority, due notice shall be given and an
election held within thirty (30) days after such vacancy shall have
occurred to ~fill the incomplete term of such membership.
(f) Notice of the time and place of each election shall be sent to all
known and ascertainable members of the trade and to the National
Recovery Administration at least twenty (20) days in advance~ of
(g) Voting at any election may be in person, by proxy or by letter
SECTI[ON 3. At no time shall the Code Authority include more
than onze (1i) member affiliated or associated with or employed by
the same member of the trade and at no timne shall the C~ode Aut~hor-
ity include more than one (1) member selected from members of the
trade who have a finanlc.ial interest in or otherwise exercise control
over each other.
SECTION 4. The Association is hereby !Iesiglutted as ain acrency to
conduct the election of the first Codelr Authority within forty-ive (45)
days after the effective date of this Code.
SETION. 5.--(a) The Na ti~nall ReeTcovry\ ~Admninistration may make
such temporary appo.intmc. nlts of Trade Membelllrs to the Code Author-
ity as may be necessary; or in thte caset of, and for the period of, any
vacancy on the Code Authority.
(b) The National Re~lcoverly Admrinisitratio 1n may make such tem-
p~orary appoinltmelnts of Trade Memblners to act as a Tem~porary Code
Authority, with all the powers and duties as are herein p~rescribed
for the Code Authority and to serve until such time as thet first Code
Authority is duly constitutted and olrganized~, as provided by this
SECTION 6. In addition to the membership as hlereinb~efore pro-
vided, there may- be not more thtn. three~ (3) mlemnbers, without votet
and without expense to thne trade, to be known as Adlministrantion
Membllers, to be appointed by thne National~l Reccovery- ALdministration
to serve for such terms as it mlayr specify. The represe-ntati ves wh~o
may be appointed by the National Recovcery Ahit I nist rant ion, together
wtith the Natiolnal R~covr~\eryS Amnirisitratltion, shall be givecn notice
of and maytJ sit at all meeitings.- of the Code Authority.
SECTION 7. No member of the Code Authority- shall be pecrmlt~ted
to act as a member of the Code Auth~ority or anyp agency or committee.
under this Cod~e in any matter involving a violation or an alleged vio-
lation by, or a, coCll.inpnit against, a member of the trade bly which
he is emtployed~~ or with which he is associated or affiliated~.
SECTION. 8. Each tl~rade or industrial association directly or indi-
rc~ctly' participating in the selection or nativities of th-e Codle Auithority
shall1 (1) impose no inequritable~l restrictions on membErsip,~fp alnd (2)
submit to the National Recovtery! Ad~minis:tra:tion true cop~ies of its
articles of assoc~iation, by-laws, regulations, anld ainy amndme~lcr nts
wrhen made theire~to, fl;l~togethe wvith such other info~rmat~~ion as to mem-
bership, organization, andl activities as th~e ;National Rtecovery\ Ad-
ministration mlay deemrl Irl'ce.--ar1y to effetuate the purposes of the
ScECTIO 9. I~n order tha;t the Code A~uthority shall at all times be
truly representat~tive of the tradel andf ini o-therl respe~ts comply wvith
the provisions of thie A~ct, thre hNational Re~lcovery3.ic I Adi nitrIa tiovn ma y
p''cresribe such hiear~ingsrr us~ it may dteemn proper; and~ thema-~;fter, if it
shall find that the Code Authrority is not truly replre-entat~ltve or dtoes
not in. ojther~l repects -omplly w~ithl thle provisions of the Acl.t, maynJ rc-
quaIre an aEpprop"riate modification of thle Codeil Aurthorlity..
.ScI now 10 Not~hing contalirned in thiis Code shall conll-titute the
roomberl~crs of the! Code Aultho~rity,, or of any statet, reginnlll or dlistrict
agncy~n of the Codel~ Authlority, partners for any p~urpose. NorII shalll
any~ such member be liable in any rl~rn ann to anyoneIli for any15 not'f Of
any otheicr member,~i officer, agel-nt. or employel~e of thc C~ode Auithiority,
or of any such ageICne I''of theC CIIde AuI fJCthoi ty. Nor .-hall1 any1 memberIIC
of thle Cfode Aiut~ority., or of anly ,iuchl aency, exerd~'-ingl reas~c nabll e
.diligence in the conduct of his duties hereunder, be liable to anyone
for anly action or omission to act under this Code, except for his owcn
wvilfull malfeasance or nzonfeasance.
SECTION 11. If the National ~Recovery ~Administration shall at anly
timne determnine that anry action of the Code Authority or any agency
thereof may be unfair or unjust or contrary to the public interest, the
National Recovery Administration may require that such action be
suspended to afford an opportunity for investigation. of the merits of
such action and further consideration by such Code Authority or
agency pending final action which shall not be effective unless the
National Recovery Administration approves or unless it shall fail
to disapprove after thirty (30) days' notice to it of intention to pro-
ceed with such action. in its original or modified form.
B. POW ERAND DUTIES
SECTI~ON. 12. Subject to such rules and regulations as may be issued
by the National RecovPery Administration, the Code Authority shall
have the following powers and duties, in addition to those authorized
by other provisions of this Code:
(a) Tio insure thne execution of the provisions of this Code and to
provide for the compliance of the trade with the provisions of thne
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from. members of the trade such informaation anrd
reports as are required for the administration of the Code. In addi-
tion to information required to be submitted to the Code Authority,
members of the trade subject to this Code shall furnish such statisti-
cal information as the National Recovery Administration may deem
necessary for the purposes recited in Section 3 (a) of the Act to such
Federal and State agencies as it may designate; provided that noth-
mng in this Code shall relieve any member of the trade of any existing
obligations to furnishn reports to any Government agency. No indi-
v-idual report shall be disclosed to any other member of the trade or
any other party, except to such other Governmental agencies as may
be directed by the National Recovery Administration.
(d) To use any trade association or other agency as it deems
proper for the carrying out of any of its activities; provided, that
nothing herein shall relieve the Code Authority of its duties or
responsibilities under this Code and that. such. trade associations and
agencies shall at all times be subject to and comply with the pro-
(e) To make recommendations to the National Recovery- Admin-
istration for the coordination of the administration of this Code
with such other codes, if any, as mnay be related to or affect members
of the trade.
(f) To cooperate with the National Recovery _Administration in
regulating the use of any N. R. A. insignia.
(g) T~o recommend to the Na~tional jRecovery Administration any
action or measures deemed advisable, including further fair trade
practice provisions to govern members of the trade in their relations
with each other or with other trades, measures for industrial plan-
ning, and stabilization of employment, and including modifications
of this Code which shall become effective as part hereof upon ap-
proval by th~e National Recovery Administration after such notice
and hearing as it may specifyr.
(h) To appoint a T'rade Practice Committee which shall meet
-with the Tradelc Practice Committees appointed under such other
codes as may be related to the trade for the purpose of for~mulating
fair trade practices to govern the relationships betwn~een employers
under this Code and under other codecs to the end that such fair
trade practices may b~e proposed to the National Recoveryr Admin-
istration as amnl dments~~lt to this Codle and such other codes.
(i) 1. It being found necessary inl order to rupport the admlin-
istraztion of this Code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized:
(a) To incur such reasonable obligationls as are necessary and
proper for the foreg~oing purposes, and to meet such~ obligations out
of funds which may be ra;i~sed~ as hereinafter provided and which
shall be held in trust for the purposes of thie Code;
(b) To submit to the N~ationall Recovery Admninistration. for its
approval, subject to such, notice and opportunity to be heard as it
may deem necessar171y (1) an itemnized budget of its estimated exr-
penses for the foregroinga purposes, and (2) an equitable basis upon
which the funds necessary to support such budget shall be contrib-
uted by mlemblers of the trade;
(c) After such. budget and basis of contribution have~ been ap-
provedl by the National Recov-ery Aldministration, to dectermine
and obtain equitable contribution as above set forth bly all memb-
berss of the trade, and to that end, if necessary, to institute legal
p'roceedlingbs there~for in its own nam~e.
2. Each. member of the trade shall pay his or its equitable conr-
tribution to the exrpenses of the maintenance of the Code Authority,
dleterm~inedi as hereinabove provided, and subject to rules and regu-
lations pertaining thereto issued by the National Recover~y Admimis-
tration. Only members of the trade complying with the Codle and
contributing to th~e expenses of its admlnini.tl-ation as hcrcinab~ove
provided (unlless duly exemlpted- from making such~ contributionss,
shall be entitled to participate in thie selection of membe~rrs of the
Code Authority or to receive the benefits of any of its voluntaryTI
azctivrities or to mallll- u1se of any emblemn or insignia of the! National
3. The Codte Authority shall neither~i incur nor pay any oblign-
tion substantially in exscces of the amolrunt therecof as catimatecd in
its appr'ovacl budget, and shall in no event xceedc~ the total amount
contained@c in, the approved budge-ct, ecepcclt upon app~rov\al of thle
~National;l Recover~y Adlminist~tration and no subsequent budge~ct shall
contain any defic~icy~lr 3 fitem for expendlitures'. in exSice; of prior~
h~ulgrct es~tima~tc~tesiD ex lcptthoe which the National ~~Recovelry Admin-
istratioln shall1 have so appr1oved.l
(j) To I''pnrepalrea submit to the National~l Recov-,\ery Adminisi-
tra;tion, a plan or p~lansi for the estab~l~liihment of states,~ regio~nal or
other clijtricts for the further adml~inistratioo n of thiS ('Me11 in .suc~h
(k) To prepare and submit to thne National Recovery Adminis-
tration within ninety (90) days after the effective date of this
Code, a plan or plans for the appointment or selection of anyT State-,
Regional or other Commrittees and th-eir Chairm~en.
(1) To provide for the appointment or the selections of any other
regional, district or other committee for the further administra-
tion of this Codet.
(m) To employ such agn~ct, and emp~lloyees~ as it may deem nec-
essary for the administration of this Code.
(nl) To delegate, subject to the limlitations as provided herein by
paragraph (d) of this Section, such of its powers and duties to
such State, RT-Zegional or other Committees as it mzay deem appro-
priate for the further administration of this Code and to suspend
and/or cancel any such delegate~d powers or duties at any timae.
(o) To provide appropriate facilities for arbitration, and, sub-
ject to the approval of the National RecoveyA iisriot
prescribe rules of procedlure and rules to effc4dist ctompince wth
awards and determinations.
SECHON~ 13. A~ny interested party shall have the right to appeal
to thre National Recovery Administration from any decision, act or
omisison to act, of the Code Authority or any of its agencies.
ARnOLE 71T1 -COST FINDING AND AccoUNranwo
SECTIoN 1. The standards of fair competition for the trade wctith
reference to pricing practices are declared to be as follows:
SECTICON 1 (a). Tlihe Code Aiuthority shall cause to be formulated
methods of cost finding and accounting capable of use by all mem-
bers of the trade, and shall submit such methods to the National
Recovery Administration for review. If approved by the National
Recovery ACdmzinistration, full information concerning such methods
shall be made available to all members of the trade. Thereafter,
each member of the trade shall utilize such methods to the extent
found practicable. Nothing herein contained shall be construed to
permit the Clode A8uthority, or any agent thereof, or any member of
the trade, to suggest uniform additions, percentages or differentials
or other unliform items of cost which are designed~l to bring about
arbitrary uniformity of costs or prices.
COSTS AND PRIGE CUTTING
SECTION 2. Wilfully dfestr~ucti~ve price cutting is an unfair method
of competition and is forbidden. Any member of the trade or of
any other trade or the customers of either may at any time complain
to thle Code Authority that anyr offered price constitutes unfair com-
petition as destructivse price cutting, imperiling small enterprise or
tendinlg towaFrrd monopoly or the impairmeent of code wages and work-
ing conditions. The Code Authority shall within five (5) days afford
an opportunity to the mlemlber offering such. price to answer such
complaint and shall within fourteen (14) days make a ruling or ad-
justment thereon. ]If such ruling is not concurred in by either party
to the complaint, all papers shall be referred to teRsac n
1 Bee Daragraph 2 of order approving this Code.
Planning Division of N. RE. Ai., which shall render a report and ree-
ommendattion thereon to the National Recovery Adm~inistration.
(a) Wihen no declared emergency exists as to any given product,
there is to be no fixed mninimaum basis for prices. It is intended
thzat sound cost estimating methodls should be used and that consid-
eration should be given to costs in the determinat~io n of pricing
(b) Wh~~2en an emergency exists as to anly given product or service,
sale belowrc thre stated minimum price of such product or service, in
violation of Section 3 hnereof, is for~biddlen.
S~rrenow 3. If the National Recovery Administration, after investi-
gation, shall at any time find both (1) that an emergency- has arisen
within thes trade adversely affecting small enterpri.-es or wages or
labor conditions, or tending toward monopoly or other acute con-
ditions which tend to detfea~t the purposes of the Act; anrd (2) that
the determination of the stated minimum price for a, specified prod-
uct or service within the trade for a limited period is necessary
to mitigate the conditions constituting such emergencylc and to effec-
tuate the puirpo. es of the Act, th~e Code A~uthority may cause an
impartial agency to inve it igate costs and to recomnmend to thne
National RfcoverylS Admzinistraltion a determination of the stated
minimlumn price of the product or service affected by the emergency,
and thereupon the Na~tional Re'covery Administration may proceed to
determine such stately mcinimumn price.
(a) W~hen the National Recovery Administration shall havs7e dei-
terminedl such stated minimum price for a specified product or serv-
ice for a stated period, whlich. price shall be reasoc~nably canlculated
to mitigate the conditions of such eme~trgenc~y and to effectuate the
purposes of the Natiolnal Industrial Recovery Act, it shall publish
such price. Thereafter, during such stated pecr~iod, nco memcn ber of
the trade shall sell such specified products or services at a net real-
ized price belowv said s~ntated minimuma price and anyT such sale shall
be deemed destructive price cutting. From time to time, the C~ode
Authority may recommelndn~ review or recc.nsidera;ltion. or thet fNational
Re-ovieryS Aidministraltion may cause any dettcermninatio~ns hereund~er
to b~e reviewed or reconsidcrcld and appropriate aIc-tion taken.
tclreNo 4. No member of the trade shall center into an agreement'llf,
under tunerrlingr comnbinlation or conspiracy to fix or m~rainltain price
termIS, nor (:n e( or attempt to (n e~~ anyr memberI~'I of th~e trade to
changes his price termis by the use of intimnida;tio~n, c~oortdon. or any
other influence inconsistent with the ma~in-t~nanllce of a free andl open.
manrkect. F'or the: purposes of this Code? th~e term prire terms "' shalll,
but without limita~tion, be definedl to nwlran and 1nclude~ all prices.
<1i-cou~lnts, riebates~', allowances and all other terms~ or conditions of
ARnTICLE 7111T H 101\~ : PrIenCE: Reu1:s
RUL~E I. NO membel~r of the tradec shall pulblishl adv~ertising (wh-)ether
any~ way misrepresent any goods or services (including, but without
limitation, their use, trade-mark;, grade, quality, quantity, origin,
size, substance, character, nature, ~finish, material, content, or prepa-
ration thereof) or credit terms, value, policies, or the nature or
form of the business conducted.
RULE 2. No member of the trade shall knowingly post-date or pre-
date any contract, invoice, quotation. or receipt; knowingly withhold
from or insert in any contract, invoice, quotation or receipt any
statement which makes such contract, invoice, quotation or receipt
a misleading or inaccurate statement in any material particular; or
accept or offer to accept anyuccotctorheppseoan
wit th efectof njuingthebusiness of a competitor or of violat-
ing or ev-ading the provisions of this Code.
RUJLE 3. No member of the trade! shall publish or circulate unjusti-
fied or unwarranted threats of legal proceedings which tend to, or
have th~e effect of, haras~sing competitors or intimidating their
1Run 4. No member of the trade shall defame a competitor by
falsely imputing to himn dishonorable conduct, inability to perform
contracts, questionable credit standing, or by other False representa-
tions, or by falsel-y disparaging the grade or quality of his goods
RULE 5. No member of the trade shall give, permit to be given
or offer to gi~ve, money or any other thing ofy value o thet purpe
of influencing or rewarding the action o n mlye gno
representative of another in relation to the business of the employer
of such employee, the principal of such a~genlt or the represented
party, without the knowledge of such employer, principal or party.
This pro-vision sh-all not be construed to prohibit free and general
distribution of articles commonly used for advertising, except so far
as such articles are actually used for commercial bribery as herein-
RULE 6. No member of the trade shall attempt to induce the breech
of an existing contract between a competitor and his customer or
source of supply; nor interfere with. or obstruct the performance of
such contractual duties or services.
RULE ?. NO member of thle trade shall secretly offer or make any
payment or allowance of a rebate, refund, commission, credit, unl-
earned discount or excess allowance, whether in the form of mooney
or otherwise, nor shall a member of the trade offer or extend to anly
customer any special service or privilege not extended to all cus-
tomers of the same class, for thne purpose of influencing a sale.
RUL~E 8. No member of the trade shall offer or give prizes, pre-
miums or gifts of any nature, including the products or services of
this trade or any other trade or industry, in connection with the
sale of the products and/or services of this trade, or as an. induce-
ment thereto (unless such prizes, premiums or gifts are offered or
given to all buyers or potential bu-yers of the same class) ; or by any
scheme which involves lottery, misrepresentation or fraud.
RULE 9. NO member of the trade shall fail to include a complete,
accurate and itemized list of all materials, parts or services and the
selling prices thereof in either the contract, invoice, quotation or
receiptan cover~inay sale or offer of sale thereof. All new and/or
second-and ma Eril and/or parts shall be so designated.
RUTLE 10. No member of" the trade shall fail to render an invoice
or bill for each sale of the products or services of this trade.
RULE 11. No Imember of the trade shall comrbine, in quotations or
coi:ntraclts for the sale of the products or services of this trade, a
quotation or a contract for the sale of the products or services of anyT
other trade or industry, for the purpose or with the effect of conl-
cealing the true selling prices of the products or services of this
RULE 12. No member of the trade shall coerce or o~therwnise con-
t ra lin an employee to purchase or obligate himself, directly or in-
dlirectly, to purlllchase sock~s, bonds, securities or other forms of own-
ershlip, mortgagec, or indebltedness-. in its en~terpriset~ c or in any other
enterprise or to make any other purchail~-o or obli~gation.
RULE 13. No member of the tralell shall require that the pur~chase,
sale or lease of anly product or service of this trade or of any other
trade or industry, shall be a requisite or a prerequisite to the pur-
chase, sale or lease of the products or services of this trade.
RULE 14. TO Imember~1 of the trade~~ shall Ireall or revise or offer
to recall or revise any written quotation, proposal or bid submitted
to a buyer or potenltin buyer of anly products or services of this
trade, for the purpose of submitting more favorable price terms,
unless the l11nyer'1 has proposed a revision in the quallntity anld/or
quality of the products and/or services to be p~urcha-lsed?.
RUJLE 15. ~No member of the trade shall furnish anypoutr
service of this trade to anly person (except to charity), pou except for
such consideration, expressed or implied, as may be included by a
quotation, contract, guarantee, warranty or other agrleemnent, cover-
ing such product or service, except as herein otherwise provided by
RULE 16. No member of the trade? shall fail to keep a completed,
accurate and itl-mizl( I~recor~d of all wages, salaries, commissions,
drawmig ac~c.ounls or other aile lwn c-es or ~rcrd its paid to all
employees, including; sallesmnen. and agt.
SECTION 1. No provFisions of this Code shlall be so applied as to
permit monopolies or monopolistic praclt ices~, or to tel imli nteti, oppress,
or discriminate a en~li I- t 1mall t i et Ierprl'i -; s.
SECTONT 2. This ('ode and all thle providesll thererof are~ exsprslyc~
made subject to the right of thle Prto ident.l inl neordalnce with the
provisions of subl-(a-t~ianl (b) of Section 10 of thle Acet? from~ii time to
time to cancel or mnodify any o-rderI, approi'(val. liicen-cz. rule or regn"-
lationr iissue~d under Tit~le I of sai(' Aict and' specifically, burt w\ithoult
limitation, to the right of thhe President to c';lnic.l or modllify hiis
alpproval of this Code or anly condlcitionls impwedc~r by himn~ m1~n his
approvl'(\ thereoc f.
SrCInxT~ 3. Sucrh of the prox imi"ns of- this C~ode as are not resplir'c\
to be inlclus1,<~I there~cinl b the Alct many. w\ith thle approval':' of thel
President, be modified or eliminated as changes in circumstances or
experience may indicate. It is co~ntemnplated that from time to time
supplemnentaryT prov7isions of this Code, or additional codes, will be
submitted for approval of the President to prevent unfair com~peti-
tion a~nd other unfair destructive competitive practices and to effectu-
ate~ the other purposes and policies of Title I of the Act.
SECTION 4. This Code shall come effective on the second M/londay
after its approval by thne ]President.
Approved Code No. 544.
Registry No. 1405-11.
UNIVERSITY OF FL ORIDA
II11 I 11lll llillll l llilI I I
3 1262 08853 8078