Code of fair competition for the safety razor and safety razor blade manufacturing industry as approved on July 21, 1934

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Material Information

Title:
Code of fair competition for the safety razor and safety razor blade manufacturing industry as approved on July 21, 1934
Portion of title:
Safety razor and safety razor blade manufacturing industry
Physical Description:
p. 203-216 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1108-1-03."
General Note:
"Approved Code No. 489."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950793
oclc - 63655172
System ID:
AA00006664:00001

Full Text





NATIONAL RECO V ERY A1MIN ISTRATION~




CODE OF FAIR'.CO1VIPETITION
FOR TI@F

SAFETY RAMEi~

AND SAFETY RAZOR BLADE

MANUFACTURING INDUSTRY


AS APPROVED ON JULY 21, 1934


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Per sale by the SuPperltatdent of Documents. Washington, D.C. - Price 5 cense


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Approved Code No. 489


Registry No. 1108-1--03


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTIN OFFICE
WASHLINGTON: 1934



























This publication is for sale by the Superintendent of Documents, Government
Printing Offce, WVashington, D.C., and by district offc~es of the Bureau of
Foreign and Domestic Commluerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COM1MERCE

Atlanta, Ga.: 504 Post Office Building.
Birminghaml, Ala.: 257 Federal Building.
Boston, Manss. : 1801 Customhouse.
Buffalo, N.Y.: Chamber of Conunerce Building.
Charleston, S.C.: Obamber of Commerce Building.
Chicago. Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Comnmerce.
Dallas, Tex.: Chamber of Comineree Buildinig.
Detroit, M~ich.: 801 First National Bank Bul~dingr.
Houston, Tex.: Chamiber of Commerce Building.
Inliananpolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimiore Avinue.
Los Anjieles, Calif.: 1163 Southi Broadway.
L~ouisvlle, Ky~.: 408S Fedleral Building.
M~emp~his, Tenn.: "22 Federal Building.
M~innueaolis, Mlinn.: 213 Federal Building.
New\ Orleans, La.: Room 225-A, Customihouse.
New Yor~k, N.Y.: 7.34 Custombouse.
Nor~folk, V'a.: 4106 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Buildiing.
Port~and, Oreg.: 215 Newr Post Office Building.
Sit. Louis, M~o.: 5036 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W~ash.: 809 Federal Office Building.












Approved Code No. 489


CODE OF FAIR COMPETITION
FOR THE

SAFETY RAZOR AND SAFETY RAZOR BLADE
MANUFACTURING INDUSTRY

As Approved on July 21, 19341

ORDER
APPROVING CODE OF FAIR COMPETITION FOR THE SAFETY RAZOR AND
SAFETY .RAZOR BLADE 1fANUFACTURING INDUSTRY
An application having been duly made. pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Safety Razor and Safety Razor Blade
Manufacturing Industry, and hearing having been duly held thereon
and the annexed report on said Cod~e, containing findings with re-
spect thereto, having been made and directed to the Presidlent:
NOWt, THEREFORE, on behalf of t~he President of the United
States, I Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543--A, dlated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the police and purposes of said
Title of said Act.; and do hereby order that said Code of F;air Com-
petition be and it is hereby approved; provided that the continued
participation of the National Association of Safety Razor and B~lade
Manufacturers, Inc. in the Code Authority after thirty (30) days
from the effective date of thlis Clode: shall be contingent upon its
amending its Constitution and By-Laws to the satisfaction of the
Administrator; provided further, that t~he provisions of Section 5,
and Section 16 of Article VTIII, be and they are thereby stayed until
such time as the Admlinistrator may, by further order, otherwise
di rect.
HUGHr S. JoHNSON,
Administra~tor fol Irndustrial Recovery.
Approval recommended :
BAR~TON TV. 1\fURRAY,
Division Admrinisrtrator.
WASiHINGTON, D.C.,
July 1, 1934.
7535G*---829-121--34 (2()3)













REPORT TO THE PRESIDENT

The PRESIDENT,
Thet WThite House.
SIR: This is a report on the Code of Fair Competition for the
Safety Razor and Safety Razor Blade Manufacturing Industry, the
hearing having been conducted thereon in Washington, D. C April
2. 1934, in accordance with the provisions of the National Industrial
Recovery Act.
Rison& OF CODE AS TO WAGES AND HOURS

The Code provides that eight (8) hours shall constitute the nor-
mal number of working hours per day and forty (40) hours the
normal number of working hours per week, except that employees
may work not exceeding forty-eight (48) hours for six (6) weeks
in any twenty-six (26) weeks period. These provisions are appli-
cable to all employees except outside salesmen, watchmen who shall
be employed not more than fifty-six (56) hours per week, employees
engaged mn executive, managerial or supervisory capacity who receive
thirty-five dollars ($35.00) per weekI, or more, and employees on
emergency maintenance or emergency repair work involving break-
dlown or protection of life and property.
The rates of pay provided for production labor are forty (40)
cents per hour for males and thirty-five (35) cents per hour for
females. For a period of not more than sixty (60) days beginners
may be paid not less than eighty 80) per cent of the minimum
wage provided that the total number beginners shall not exceed
five (5) per cent of the total number of factory workers employed by
any such employer in any calendar month. Persons whose earning
capacity is limited because of age, physical or mental handicap or
other infirmities may be employed on light work at a wage below the
minimum, if the employer obtains from the State Authority desig-
nated by the United States Department of Labor a certificate author-
izing such employment at such wages and for such hours as shall be
statedi in the certificate. Each employer shall file monthly with the
Code Authority a list of all such persons employed by him showing
the wages paid to and the maximum hours of work for such em-
ployees. Time and one-half will be paid production labor for hours
worked in excess of eight (8) hours per day and forty (40) hours
per week.
Employees engaged in office or clerical work shall be paid not less
than fifteen dollars ($15.00) per week provided however, that office
boys and girls may be paid not less than eighty (80) per cent of the
said minimum wage, but the number of such office boys and girls
employed at any time shall not exceed five (5) per cent of the total
(204)







205


number of office~ and clerical employees, and provided further, that
any employer may employ at least one office boy or girl.
Suitable adjustments shall be mnade of all wage rates ab~ove saidl
mInilmurn.
Child labor is prohibited and2 no persons under eighteen (18) years
of age shall be employed in a haazardlous occupation.
GENERAL STATEMENT
The Safety Razo~r andr Sarfety Razor BladeP Alaunufarturingo Indus-
try is one of the few whichi have enjoyed an increase in unit sales
during the past four years, but because of drastic price revisions thiis
condition is not reflected in dollar volume.
The Industry is unique in that the safety razor or safety razor
blade holder is a by-product of the safety razor blade. The holder
is a non-profit item of the Industry and it is a general practice
*within the Industry to give these holders awasy as premliums or sell
them below cost in order to stimulate the use of safety razors and
safety razor blades.
The growth of this Indust~ry has been exceedingly great. From
an insignificant, beginnings in 1904 the I~ndustry has grown so that
in 1931 fifty-three (53) cents of every dollar spent for cutlery ~enlt
for the purchase of safety razors and safety razor blades, and of that
fifty-three (53) cents, forty-six (46) cents or eigrhty-six (86) per
cent went for the purchase of saft~ey razor blades alone.
The investment in the Industry is approxYimate~ly $62,500,000, and
the number of wage earners in normal times is about five thousand
(5,000), with an estimated annual pay roll of $5,150,000.
In 1929 the number of blades produced was approximately 690,-
226,115, and in 1933 approximately 889,07i4,075, an increase In unit
production of twfenty-three (23) per cent. In 1929 the dollar sales
volume was approximately $36,139,322 while in 1933 approximately
$19,856,020, or a decrease of forty six (46) per cent.
I believe that the Code is fair to the Industry, to labor an~d to the
public and is in accordance within the intent and purpose of th~e
National Industrial Recovery Act.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forthi and on the basis of all proceedings
in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the Na~tional Industrial Recovery Act, including
removal of obstructions to the free flow of interstate andl foreign
commerce which tend to diminishi tihe amount thereof andl will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action amiongr the trade groups,
by inducing and maintaining united action of labor andi manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promnoting the fullest
possible utilization of the present productive capacity of industries,






206


by avoiding undue restriction of production (except arsmay be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power, b
reducing and relieving unemployment, by improving standards o
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof ; and that the applicant group
is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code Is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of thle right to be heard prior to approval of said
- Code.
For these reasons, therefore, I have approved this Code.
Res pect fulIly,
HUGH S. JoHNson,
A dm~inistartor.
JULr 21, 1934.












CODE OF FAIR COMPETITION FOR THE SAFETY RAZOR
AND SAFETY RAZOR BLADE MANUFACTURING
INDUSTRY
A~ncLE I--PUrRPOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Safety Razor and Safety~ Razor Bla;de
Manufacturing IZndustry and shall be the standards of fair comi-
petition for such industry and shall be bindingr upon every member
thereof.
A~nncIE ~II-DEFINITIONS

SECTIION 1. The term safety razor and safety razor blade manu-
facturing industry ", hereinafter referred to as the industry ",
means the manufacture of safety razor blade holders and,*or safety
razor blades fo'r sale.
SECTION 2. The termi employee ", as used2 herein, includes any
and all persons engaged in the industry, howfever compensated. ex-
cept a member of the industry.
SECTION 3. The termi emnployer ", as used herein, includ-es anyone
by whom such employee is compensated or emploredl.
SECTION 4. The term "L member of the industry ". as usedl herein,
includes but without limitation any individual, partnership, associa-
tion, corporation or other form of enterprise engagedl in the industry
either as an employer or on his or its ow~n behalf.
SECTION 5. The terms "L President ", "Act "', and "Admiinistrator ",
as used herein, shall mean respectively the President of thle United
States, Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
SECTION 6. The term Code Commilttee ", as used herein, shall
mean the committee duly elected by the association to formulate
and present a Code of Fair Competition on behalf of th~e Industry.
SECTION 7. The termi Code Aut~hority ", as used herein, shall
mean the Adlministrative body of this code as set forth in A4rt~icle V~I.
SECTION 8. The term "LAssociation ", as used herein, is defined to
mean the National Association of Sa~fety Razor and lBlade Alanu-
facturers, Inc., or its successor.
ARTICLE III-Houns

SECTION 1. No employee shall be permit~ted- to wor~k in excess of
forty (40) hours in any one week or eight (8) hours in any twfenty-
four (24) hour period, nor more than six (6) dlays in any seven (7)
day period, except as herein otherwise expressly provided.
OECTION 2. The ninxinium hours fixed in Section 1 shall not apply
to emplnoy~ee engaged in an executive, mannagerial, or supervisory
capacity, who receive thirty-five ($35.00)j dollars per week or more,
and outside salesmen.
(2(Yl)






208

SECTIOxF 3. The maximum hours fixed in Section 1 shall not apply
to employees on emergency maintenance or emergency repair work
involving breakdowns or protection of life or property, but in any
such special case at least one and one-hlalf (19/2) times their regular
rate shall be paid for hours worked in excess of eight (8) hours in
an~y twenty-four (24) hour period or forty (40) hours in any one
week.
SECTION 4. The manxim~um hours fixed in Section 1 shall not apply
t~o employees for six (6) weeks in any twenty-six (26) weeks period~
during which time overtime shall not exceed eight (8) hours in any
one week; provided that at least one and one-h~alf (1y/2) times the
regular rate shall be paid for hours worked in excess of eight (8)
hours in any twenty-four (24) hour period or forty (40) hours in
any seven day period.
bjECTION 5. No emlployer shallpemtnympoetowrfr
any time which when totaled with that alray eploerfo orme foran
other employer, or employers, exceeds the maximum permitted herein.
SECTION 6. Watchmen shall be permitted to work not in excess of
fifty-six (56) hours per week, provided, that they shall be given one
day of rest in every fourteen (14) day period.
SjEC ION 7. Employers who personally perform mainual work or
who are engaged in mechanical operations in connection with the
manufacture of products of the Industry shall not exceed the pre-
scribed maximum hours.
ARTICLE IV-W~AGES

SECTION 1. No male employee shall be paid less than at the rate of
forty (40) cents per hour, and no female employee shall be paid less
than at the rate of thirty-five (35) cents per hour, except as herein
otherwise expressly provided.
SECTION 2. FOr a period of not more than sixty days after t~he
commencement of employment in the Industry,~~i beginners without
experience shall be paid not less than 80% fte iiumwgs
p~rovided that the total number of such beginners shall not exceed
5% of the total number of factory workers employed by any such
employer in any calendar month.
SECTION 3. No employee engaged in office or clerical work shall
be paid less than at the rate of fifteen '($15.00) dollars per wreek;
provided, however, that office boys and girls may be paid not less
than eighty (80%o) percent of such minimum wage, but the number
of such office boys and girls employed at any time shall not exceed
five (54L) percent of the total number of office and clerical em-
ployees; and provided, further, that any employer may employ at
least one (1) office boy or girl.
SECTION 4. A person whose earning capacity is limited because of
Ileage, physical or mentl h8~andip or other mnfirm ity, may be em-
ploedonlight work at a wage below the minimum established by
this Codle if the employer obtains from the State authority desig-
nlated by the United Stautes Departmnent of Labor a certificate author-
izing such person's employment at such wages and for such hours
as shall be stated in the: certificate. Such authority shall be guided
by instructions of the United States Department of Labor in issuing
certificates to such persons. Each employer shall file monthly with






209


the Code Authority a list of all such persons employed by himn, show9-
ing the wages paid to, and the maximum hours of work for such"
employee.
SECTION 5. Equitable adjustment of compensation of all employees
receiving more than the. minimum rates of pay shall be made by all
employers who have not heretofore made such ad1j ustmens, and l
employers shall within thirty dlays after approval fti oe e
port in full to the Code Authority concerning such adju~stmnents
whether made prior to or subsequent to such approval, provide~d,
however, that in no event shall hourly rates of pay be redJuced, irre-
spective of whether compensation is actually paid on an hourly,
weekly, or other basis, nor shall any wages be at less than the mini-
mnum rates herein provided.
SECTION 6. This srt~icle eStablishes a minimum rate of pay which~
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piece-workr, or other basis.
SECTION 7. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees, and where. they displace men they shall recel\ve the same
rate of earnings as the men they displace. The Code Authority shall
within ninety (90) days after the effective d~ate of this Code file
with the Admiinistrator a description of all occupations in the Indus-
try in which both men and women are employed
SECTION 8. TlliS article establishes rates of pay which shall be
exempt fromn any charge, fine and/or deduction by thes employer,
except such charges or deductions required by State Lawo.
SECTION 9. The employer shall mak-e payments of all wages due
in lawful currency or by eoibecekteeopybeo e
mand Thee wges hal be exem~pt from any paySments for pen-
sions, insurance or sick benefits other than those voluntarily paibd
by the wage earners, or required by State Laws. Wa~gres salb
pai'd at least by thle end of every twvo week period, and salaries shall
bepaid at least at the end of everly month. No emnployer shall
withhold wages. The employer or his agents shall necept no rebates
directly or indirectly on such wages, n~or give anyth~ing~ of value or
extend favors to any person for the purpose of inftluencing rates
of wages or the working conditions of his employees.
AnnLCEx V--GENERAL LABOR PRov'ISIoSs

SECTION 1. (a) Employees shall have the right to organize and
bargain collectivelyp through representatives of their own choosing,
and shall be free from t~he interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self organization or in other concerted activities for
the purpose of collective bargaining or other mnut ual aid or
protection.
(b) No employee! and no one seeking employment shall be. required
as a condition of employment to join any company union or to re-
framn from joirung, organizing, or assisting a l or orgammzation
(fhsonosnc)i OEmuployes shall comlply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the Pressident.






210
SECTION 2. No persons under sixteen ( ears of agten shallb
employed in the Indust~ry. No personsudeeihen(8yer
of age shall be employedi at operations or occupations which are
hazardous in nature or dangerous to health. The Code A~rithority
shall submit to the Administrator for approval before September 1,
1934, a list. of such operations or occupations. In any State an em-
player shall be deemed to have complied with this provision as to
age if he shall hav-e on file a valid certificate or permit duly signed
by the Authority in such State empowered to issue emp~loyment or
age certificates or permits, showingr that the employee is of the
required age.
SECTroN ;3. No provision in this Code shall supersede any State or
Federal' Law which imposes on employers more stringent require-
mients as to the age of employees, wages, hours of work, or as to the
safety, health, sanlitary or general workiing conditions or insurance
or fire protection, than are imposed by this Code.
SECTION 4. Employer~s shall not re-classify employees, or duties, of
occupations performmed, or engage in any other subterfuge so as to
defeat the purposes of the Act or of this Code.
SECTION 5. WVithin ten (10) days after the effective date of this
Code, each employer shall post, and keep posted, in conspicuous
places accessible to employees full copies of this Code and any amend-
mnents or modifications which miay later be approved in accordance
with1 ExcuI~\tiv Orders~ andCI/or. regulations thereof. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of Codes of Fair Competition which
may~ from time to timie be prescribed by the Administrator.
SECTION 6. Every employer shall make provision for the safety and
health of his employees at the place and during the hours of their
employment. Standards for safety and health shall be submitted by
the Code Authorit.y to the Administrator within three (3) months
after the effective date of the Code.
SECTION 7. No employee shall be dismissed by reason of making a
complaint or giving evidence with respect to an alleged violation of
this C~ode.
A~RE[CLE VI-ORGANIZATION AND ADMIINISTRATION Z
SEcTIrON 1. During t~he period not to exceedi sixity (60) days follow-
ing the effective date of this Code, the Code Committee of the Indus-
try shall constitute a temporary Code Authority until the Code
Authority is elected. There shall be constituted within the sixt~y-
dlay period a Ciode Authority consisting of nine members to be elected
by the mnember~s of the Industry, at a meeting called by the teml-
p~orary Code Authority, upon ten days' notice sent by registered
mail to all members of tlhe Industry whose names shall have been
obtained after a reasonable investigation, w~ho may vote either in
person or by proxy. The members of the Code Authority shall be
elected in the following manner:
(a) Seven members who shall be. members of the Association by
a majority vote of all members of the Industry who are members of
the Asrsociation present in person or by proxy, each member to have
One YOte.
s ee paragraph 2 of order approving this Code.






211


(b) Two members who are not members of the Association by
majority vote of all members of the Induustry who are non-mlembers
of the Association, present in person or by proxy, each member to
have one vote.
(c) I~n addition thereto, the Adminnistrator mlay appoint not miore
than three members without vote t~o serve on the Code Authority
and together with the Administrator shall receive notice of andl may
sit at all meetings of t~he Code Authority.
SECTION 2. If the mlember~s of thle Industr~y who are non-memnbers
of the Association fail to elect two members onl the Code Author~ity,
as provided, three such non-memlbers shall be selected by the Asso-
ciation and submitted to the Administrator, wh~o many appoint frmn1
them the two members to serve on the Code Authority.
SECTION 3. The members of the Code Authlority first elected shta'll
serve until the following annual meeting of the Associatiori and~
thereafter members of the Code Authority shall be elected at a mleet-
ing of the members of the Industry to be held at the time and place
of the annual meeting of thie Association to serve until the fJ[ollowing
annual meeting or until t~he election of their successors.
SECTION 4. A. vacancy in the membership of the Code Authority
may be filled by a maJority vote of the remaining muembers of the
Code Authority. If a vacancy occurs in the case of an association
member, the new member to be elected shall lik~ewise be anl associa-
tion member, and if a vacancy occurs in the case. of a non-memiber
of the association, such vacancy shall be Slled w~ithi a non-miembiler.
SECTION 5. Each trade association directly or indirectlyT ~partici-
pating in the selection or activities of the Codle Authiority shall (1)
impose no inequitable restrictions on membership, aind (2) submit
to the Administrator true copies of its Airticles of Association, By-
laws, Regulations and any amendments when made ther~eto, together
with such other information as to mnembership, organization, and
activities as the Adminis~trator may deeml necessary to effectuate the
purposes of the Act.
SECTION F). In order that the Code Authority shall, at all times,
be truly representative of the Inidustry and in other respects complty
with the provisions of the Act, the Admiiinistrator may prescribe
such Hearings as he may deeml proper; and thereafter, if he shall
find that the Code Authority is not truly representative or does not
in other respects comply with the provisions of the Act, may require
removal of any or all of the members thereof and miay make an
appropriate modification or modifications in the method of selection
of the Code Authority.
SECTION 7. (a) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established hereunder and to effectuate thle policy of
the Act, the Code Authority is authorized:
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes andl to meet such obligations
out of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code.
(2) TIo submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of its estimated expenses for the foregoing
purpose's, and (2) an equitable basis upon which the funds necessary






212'

to support such budget shall be contributed by members 'of the
indust ry.
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the industry, aind
to that end, if necessary, to institute legal proceedings therefore; in
its own name.
(b) Each member of the industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determiined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Failure on the part of the member of the Industry to
make such contribution shall be a violation o~f this Code. Only
members of the industry complying with the Code, and contributing
to the expenses of its administration as hereinabove provided, unless
duly exempted from making such contribution, shall be entitled to
participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery Adminis-
tration.
(c) The Code Authority shall neither incur nor pay any obliga-
tion in excess of the amount thereof as estimated in its approved
budget, except upon approval of the Administrator first obtained;
and no subsequent budget shall contain anly deficiency item for
expenditures in excess of prior budget estimate except those which
the Administrator shall have so approved.
SECTION 8. Nothing contained in this Code shall constitute the
members of the Code Authorit.y partners~ for any purpose. No mem-
ber of the Code Authorityv shall be liable in any manner to anyone
for any act of any other member, officer, agent, or employee of the
Code Authority, nor shall any member of the Code Aut~hority be
liable to anyone for any act or omission to act in connection with
the performance of thle duties of such member except for his own
wilful malfeasance or non-feasance.
SECTION 9. The Code Authority shall have the following further
powers and duties:
(a) Subject to such rules and regulations as may be prescribed
byv the Administ~rator to administer and insure the execution of the
provisions of this Code and provide for the compliance of the In-
dustryT with the provisions of the Act.
(b) To adopt such Bylaws, rules and regulations as are necessary
for its procedure and for the administration of this Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority members of the Industry subject to this Clode shall furnish
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3a of said Act to such Federal
and State agencies as he may designate; provided that nothing in this
Code shall relieve any person from any existing obligations to fur-
nish reports to any government agency. No individual reports shall
be disclosed t~o any other member of the Industry or any other party
except to such government agencies as may be directed by the
Administrator.






213


(d) To make recommendations to the A-dmninistrator for the co-
ordination of the admiinistr~ation of thisi Codec with such other codles,
if any, as may be related to or affect the members of the Industry.
(e) To appoint a trade practice commiiittee which shall meet with
the trade practice commnittees appointedl uinder such other codles as
may be related to the Industry for the purp~ose of formulatingr fair
trade practices to govern the relationship! s betwenci p~rodulction and
distribution employers under this Codle and under such others to the
end that such fair trade practices miay be proposed to the Administ-
tratorr as amendments to this Code andl such other codles.
SECTION 10. If the Aidministrator shall determiine that any action
of a Code Author~ity or any agency thereof ma~y be unfair or unjust
or contrary to the public interest, the Administrator may require that
such action be suspended to affordl an oppor~tunityr for inves~tigation
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 Administrator approves or unless he shall fail to disap-
prove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
ARTICLE VII-AICCOUNTING AND COSTING
SECTION 1. With respect to that portion of a member's product
which is within the Industry, the Code A~uthority shall cause to be
formulated an accounting system and methods of cost finding and,/or
estimating capable of use by all members of the Industry. After
such system and methods are formunlated and approvedl by the Ad-
minist~rator, full details concerning them shall be made available
to all members of the Indlustry, andl ther~eafter all members shall
determine and,/or estimate their costs in accordance with the prin-
ciples of such methods.
SECTION 2. If the Administrator, after investigation shall at any
time find both (1); that an emergency has arisen within the industry
adversely affecti;ng small entrprises~ or wagies or labor conditions, or
tending toward monopolyr or other acute conditions which tend to
defeat the purposes of the Act; and (2) that the determination of
the stated minimum price for a specified product within the industry
for a limited period is necessary to mitigate the conditions constitut-
ing such emergency and to effectuate the purposes of the Act, the
Code Authority may cause an impartial agency to investigate costs
and to recommend to the Administrator a determiination of the stated
minimum price of the product affected by the: emergency and there-
upon the Adm~inistrator may proceed to determiine such stated
minimum price.
When the Administrator shall have determined such stated mini-
mum price for a specified product for a stated period, which price
shall be reasonably calculated to mitigate the conditions of suchi
emergency andl to effectuate the purposes of t~he NIational Industrial
Recovery Act, he shall publish such price. Thereafter, duiringr suIch
stated period, no member of the industry shall sell such specified
products at a net realized price below said stated mninimumn price
and any such sale shall be deemed destructive price cutting. Fromt
time to time, the Code Authority may recommend review or recon-
sideration or the Administrator may cause any determinations here-
under to be reviewed or reconsidered and appropriate action taken.







214

ARTICLE VIII-UTNFAIR TRADE PRACTICES
The following described acts shall constitute unfair trade prac-
tices and any member of the Industry who shall..directly, indirectly
or through any officer, employee, agent, or representative use or em-
ploy any such unfair trade practices, shall be guilty of a violation of
this Code:
SECTION i. Ra NO member of the Industry shall offer to sell or
exchange or sell or exchange any product of the Industry~, except
safety razor blade holders, in whole or in part below the cost of
such product to such individual member. For this purpose, the cost
of such product is to be arrived at upon the principles of a standard
uniform accounting anid costing system as provided for under Article
V'II of this Code.
(b) Provided th~at. selling below cost t~o meet competition from a
member of the Inldust~ry who is not selling below his own costs, on
products of equivalent design, character, quality, or specificaions
shall not be deemed a violation of this Article.
(c) ProvidedZ further, that the selling below cost of distress mer-
chandise or inventories which must be converted into cash to meet
emergency needl shall not. be deemed a. violation of this Article. All
such sales or other dispositions of such products shall be reported by
the member to the Code Aut~hority within forty-eight (48) hours
after such sale.
(d) Provided further, that the foregoing provisions of this Article
VIII shall not, be deemed to apply to or affe-ct the sale of any product
for direct shipment in export trade by a1ny member of the I~ndustry.
SECTION 2. No members of t~he TIinut~ry shall knowingly withhold
froml or inser~t. in any statement or invoice, anly statement that makes
it inaccurate in a~ny material particular.
SECTION 3. No member of the IndustryI shall secretly offer or
make any payment or allowance of a rebate., refund, commission
credit, unearned discount or excess allowance whether in the form oj
mioney' or otherwise; nor shall any member of the Industry~ secretly
offer or extend t~o any customer any special service or privilege not
extended to all customers of the samie class under like conditions and
circumstances for theP purpose~ of influencing a, sale.
S~ECTION 4. No member of the Industry shall defame a competitor
byr falsely impulting to him dishonorable conduct, inabilit;y to per-
form. contracts, quesPtonnable crrdit. standing, or bother false rep-
resentations or by thle false disparagement of the grade or quality of
his goods.
SECTION 5. No member of the Industry shall imitate, or simulate the
trade name, or the trade mark, or the package, or t~he wrapper, or
the label, used or employed by another member of the Industry in
connection with t~he sale, marketing, or distribution of the products
of thle Industr.2
SECTION f>. No member of the Industry shall give, permit to be
gven or directly offer to give anything of value for the purpose
influencing or rewarding the action of any employee, agent, or
representative of another in relation to the business of the employer
of such employee, thle principal of such agent, or the represented
partly, without t~he knowledge of such employer, principal, or part~y.
B ee paragraph 2 of order approvingl this Code.






215


;This provision shall 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-
above defined.
SECTION 7. No member of the Indlustry shall brand or mark or
pack any goods in any manner which is intended to, or which has
a tendency to, or which does deceive or mislead pur chasers with
respect to the brand, grade, quality, quantity, origin, size, substance,
character, nature, finish, material, content or preparation of such
goods.
SECTION 8. NO mlember of the Industry shall publish advertising
(whether printed, radio, display or of any other nature) which
is misleading or inaccurate in any material particular, nor shall any
member in any way misrepresent any goods (including, but without
limitation, its use, trade mark, grade, quality, quantity, origin, size,
substance, character, ruiture, finish, material, content or preparation)
or credit terms, values, policies, services, or the nature or formn of the
business conducted.
SEaTson 9. No member of the Industry shall obtain or endeavor
to obtain from an employee of a competitor information relating to
patented or secret processes and, or methods.
SECTION 10. (a) No member of the Industry shall market blades
unless the blades or blade backs bear either (1) the name of the
member, or (2) the name of the brand, or (3) an adequate mnark
identifying the source of origin.
(b) Every member of the Industry shall imprint upon packages,
tucks, envelopes and blade wrappings either the name of the member
of the Industry or its subsidiary distributing company or the name
of the distributor and the nam~e of the brand if the blades are mar-
keted under a brand name. The provisions of this sub-section shall
not apply to wax or other like paper intended to protect andi not to
advertise the blade.
(c) Every member of the Industry shall pack razor blades for
sale in envelopes or other wrappings and enclosed in individual
tucks and packed by the member on the member's premises, except
when such blades are sold in combination with razor blade holders.
SECTION 11. No member of the Industry shall make any allowances
to a customer for alleged defective merchand-ise, or replace the same
unless such defective merchandise be first returned to the member,
nor shall a member of the Industry make allowances for shortage in
excess of the actual shortage.
SEcTION 12. No member of the Industry shall market or distribute
goods on consignment or guarantee t~o any distributor the sale of any
of the products of the Industry.
SECTION 13. NO member of the Industry shall guarantee any ac-
counts receivable of any of his distributors.
SECTION 14. NO member of the Industry shall offer or grant t~o a
customer terms in excess of sixty days from t~he date of shipment,
or allow a cash discount in excess of 2%~ 10 days, E.O.Ml.
SECTION 15. No member of the Industry shall purchase, barter, sell
or otherwise trade in safety razor blade holders and,/or blades man-
ufactured or produced by a competing member, except that nothing
in this paragraph shall prevent a member from contracting to pro-
cure the manufacture by another member or the purchase from





612R


another member, the whole or any part of his requireint for saN:s:
razor blade holders and/or blades for the purpos'e bf.dsposing of~
them in t~he ordinary course of business under his own ~i'ann-iie or'
under a brand name.
SECTION 16. The members of the Industry recognize that the ai d-
ards of the Industry and the distribution of the products of th$$s~i-~
dustry may be best. served and promoted by the sale and other dEistrei~i~
bution of the products of the Indlust~ry only by and through ree~l.
nized and customary wholesale and retail dealers a~nd traders ar
the products of the Indulstry and other allied and associated proditailgi
having an established place of business.2
SECTION 17. No mnembler of the IndustryF shall sell blades '' seconds "
or resharpened used blades unless they ar;e clearly marked as such on
the packagers, merchandise cards, and advertising materialin con-
nection with which they a~re to be sold.
ARTICLE IX-ATONOPOLIES

No prov-ision of this Code shall be so applied as to permit moncopo-
lies or monopohistie practices, or to eliminate, oppress, or disemmaii
na~te against small enterprises.
ARTICLE X--PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
w~ill be made mlore difficult of consummation i.f prices of goods; and
services increase as rapidly as wages, it is recognized that; price
increases except such as may be required to meet individual coshis
should be delayed, and when made, such increases should, so far ini
possible, be limited to actual additional- increases in the seller's costs.
AnRTCLE SI--310DIFICATIONS

SECTION 1. This Code and all provisions thereof are expressly
made subject to the right of the President, in accordance with pro-r
visions of subsection (b) of Section 10 of the Act, .from time .to
time to cancel or modify any' order, approval, license, rule or regu-
lation issued under Title I of said Act.
S,~ECTION 2. ThltS COde, except as to provisions required by the Ac;ts:
may be modified on the basis of experience or changes in circuin-l
stances, such mnodificat~ions to be based upon application by the CMi6
Authority to thle Administrator and such Notice and Hearing as hie
shall specify and to become effective and be a part of this G~ode on
approval" by thle President. :'I
ARTICLE X)II--EFFECTIVE DATE ;'i,
This C'ode shall become effective at 12:01 A.M. o'clockr on the ten~th ;:~
day after it is a.pp~roved by the President.
Approve~d Codle No. 489.
Registr~y No. 110S-1--03.
S ee paragraph 2 of order approving this Code.

O


UNIVERSITY OF FLORIDA

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