Code of fair competition for the saw and steel products manufacturing industry as approved on February 10, 1934

MISSING IMAGE

Material Information

Title:
Code of fair competition for the saw and steel products manufacturing industry as approved on February 10, 1934
Portion of title:
Saw and steel products manufacturing industry
Physical Description:
p. 381-391 : ; 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:
Saws -- United States   ( lcsh )
Carpentry -- Tools -- 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. 1108-1-02."
General Note:
"Approved Code No. 274."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950789
oclc - 63655168
System ID:
AA00006667:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION




SA'W AND STEEL PRODUCTS

MANUFACTURING

INDUSTRY


_ __~


U.S. DEPOdN.~


If 'I
For sale Iby the Superintendent of Documents, Washington, D.C. - Price 5 cents


4ed Code No. 274


Registry No. 1108--1-02


AS APPROVED ON FEBRUARY 10, 1934


WE Do OUR PAeRT


UNIV. OF FL LIB.
DOCUMENTS DEIPT.


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.O., and by district offices of the Bureau of
Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

At~lant~a, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.; 1801 Customhouse.
Buffalo, N.Y'.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.; Chamber of Commerce Building.
Det.roit, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commierce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas Cit.y, Mlo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadw~ay.
Louisville, K'y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Muinneapolis, M~inn.: 213 Federal Building.
New Orleans, La.: Room 225--A, Customhouse.
New Y'ork, N.YL.: 734 Customhouse.
Norfolk, V'a.: 406 East Plume Street.
Philadelphia, Pa..: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 Newr Post Office Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Cust.omhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 274


CODE OF FAIR COMPETITION
FOR THE

SAW AND STEEL PRODUCTS M[ANUFACTURINEG
INDUSTRY

As Approved on February 10, 1934'


ORDER

APPROVING CODE OF ~FAIR COMPETITION FOR THRE SAW AND) STEEL
PRODUCTS P('ANUFACTURING INDUSTRY
An application having been duly made pursuant to and int 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 Saw and Steel Produc ts Mlanufactu~ring Ind ustry,
and hearings have been duly held t~hereonr and the anexred report on
said Code, containing findings with respect thereto, having been mrade
and directed to t~he President:
NOW, THEREFORE, on behalf of the President of the U~nited
States, I, Hugh S. Johnson, Administ~rator for Indust~rial Recovery,
pursuant to authority vested in me by Execut~ive~ Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
w~ith t~he pertinent provisions and will promote the policy and purposes
of said Title of said Act; and do hereby order that said Code of Fiair
Competition be and it is hereby approved; provided, however, that
the provisions of Sections 1 and 3, Article VI, insofar as they prescribe
the filing of prices, lists, terms, a~nd conditions of sale with the Code
Authority be and they are hereby stayed pending my further Order
either within a period of sixty days from. the effective date of this
Code or after the completion of a study of open price associations now
being conducted by the National Recovery Admlinistration.
Iooon S. JoENsoT(,
Admitnistrator for Iid~ustr~ial Recovery.
Approval recommended:
W. A. HARRIMAN,
Division Administrator.
WASHINGTON, D.C.,
Februlary 10, 1984.
39355* 376--468--34 (381)













REPORT TO THFE PRESIDENT

The PRESIDENT,
The Wth~ite House.
SIR: This is the report of the Code of Fair Compet~ition for the
Saw and Steel Products Manufacturing Industry, as revised after
a Public Hearing held in Washingrton on the 7th dlay of December in
accordance w~it~h the provisions o~f the Nat~ional Industr~ial Recovery
Act.
PROVISIONS AS TO HOURS AND WAGES

Employment is limited to 8 hours per dlay and 40 hours per week
with the exception of those employees engag~ed in emergency ma-inte-
nance and/or repair work or on emergencies ocesasioned by the necessity
for services of specially skilled employees who cannot be replaced.
Overtime in excess of 8 hours in any 24-hour period or in excess of
40 hour in a~ny 7-day period shall be paid for at one and one half
times t~he normal rate.
Miinimum wages of 40 cents per hour for males and 35 cents per
hour for females on light work are established, but female employees
performing substantially the same work as male employees shall
receive the same rate of pay as male employees; and where they dis-
pleace men they shall receive the same rate of earnings as men.
Clerical employees shall not be patid less than $15.00 per week.

ECONOMIC EFFECT OF THEr CODE

In1 Apri 1932, thi Industry, which comprises approximately 75
firms, employed 1,933 persons. Since the adoption of the 40-hour
weeki as provided in this Code, employment hats increased to 2,717
persons in September 1933, or an increase of 53 percent.
The average weekly wage in April 1933, w~as $15.02, but operation
under the provisions of this Code raised this average to $19.91, a gain
of 32 percent. Labor costs comprise approximately 45 percent of the
dollar value of sales.
The invested capital of the Industry is about $20,000,000, and the
average annual value of its products over the past 5 years is 813,000,-
000. Any improvement in the lumber business, which is the market
for fully- 80 percent of its products, wrill cause immediate Imlpr~ovement
in this Industry.
FINDINGS

Ther DeputyS Administ.rat.or in his final report to me on said Code
having found as herein set forth and on the basis of all the proceedings
in this matter;
I find that:
(a) Said Code is well designed to promote the policies and purposes
of Title I of the National Industrial Recovery A9ct, incluldinga removal
(382)







383


of obstructions to the free flow of interstate and foreign commerce,
which tend to dimiinish the amount thereof and will provide for the
general welfare by promoting t.he organization of industry for the
purpose of cooperative action among the trade groups, by inducing and
maintaining united action of labor and mane ntndrdque
governmental sanctions and supervision, by anucnatm unfair scom-n
petitive practices, by promoting thle fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
t~ion of production (except as may be temporarily r~equired), by in-
creasing the. consumption of industrial and agricultural products
through incrreasingr puTr~~rlchin poer, byT reducing and relievingr unemi-
ployment., by improving st anda~rds of labor and by othlei\\ise rechabili-
tating indulst~ry.
(b) Said Industry normanflly employs not moqre than 50,000 em-
ployees; andl is not classified by me as a major industry.:
(c) The Code as approved complies in all respects with the per~ti-
nent provisions of sa id Ti tle of sa id Alct, includ ing wvith~outf.1 imitat-ion
Subsec tion (a) of Sectlion 3, Subsec tion (a) of Sec tion 7, and Subsect ion
(b) of Section 10 thereof; and that the applicant arssoiat~ion is an
industrial association truly representative of the aforesaid Industry;
and that said associate ion imposes no inequitable rest ric tion s onr admis-
sion to membership therein.
(d) The Code is not designed to and wil not permit, mlonopo~lies
or monopolistic practices.
(e) The Code is not designed to and wil not eliminate or oppr~ess
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 the right to be heard prior to approval of said Code.
For these reasons, this Code has been approved by me.
Respec tfully,
HU~TGH S. JoHNSON,
Adm in istl~raor.
FEBRUARY 10, 1934.













CODE OF FAIR COMlPETITION FiOR THE SAW AND STEEL
PRODUCTS M~ANUFACTURING INDUSTRY
ARTICLE I--FURPOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act, t.he following provisions a~re established as a Code of
Fair Competition for the Saw and Steel Products Manufacturing
Industry, and shall be the standard of fair competition for such
Indlustry and shall be binding upon every member thereof.

ARTICLE II--DEFINITIONS
SECTION 1. The term "Saw and Steel Products Mlanufacturing
Industry or Industry as used herein is defined to mean the manu-
Inet~ure for sale of saw~s of all kinds and descriptions, and accessories
thereto incident to the care, upkeep, a~nd maintenance of wood-cutting
saw~s, w-hichl accessories are not recognized as the constituents of major
basic industries. This Induistryv likewise includes under its jurisdiction
the manufacture of miscellaneous allied steel products, such as hedge
shears, t.rowels, and such products which, generally speaking, are made
of saw or tool steel and require the processes of hardening, tempering,
and/or grindinga and polishing. The manufacturing of back saw blades,
metal-cut~t~in band sawln blades, milling cutters, screw slotting cutters,
and meta~l-cutt.ting circular saws less than eight. inches in diameter is
exemipt from this code.
SEc. 2. The term "Apprent~ice as used herein is any. employee
bound by ai legal contract to learn a, trade.
SEc. 3. The term "Employ-ee" as used herein includes .anyone
engaged in the Industry in any capacity receiving compensation for
his services, irrespective of t~he nature or method of payment of such
compensation.
SEc. 4. The terma "Employer" as used herein includes anyone by
w~hom an-y such employee is compensated or employed.
SEC. 5. The termi Member of the Industry as used herein in-
cludes anyone engaged in the Industry as above defined, either as an
employer or on his own behalf.
SEc. 6. The terms '"President", "iAct", and "Adcministrator"' as
used herecin shall mean, respectively, the President of the United
States, the ~National Industriatl Recov-ery Act., and the Administrator
of said Act.
ARTICLE III1- ORKING HOURS
SECTION 3.. h18Ximumi 10UTs.--NO employee shall be permitted to
work in excess of forty (40) hours in any one (1) week or eight (8)
hours in any twsenty-foulr (24) hour period beginning at midnight,
except as herein otherwse provided.
SIEC. 2. 1Exceptions as to H~ours.
(384S







385


(a) Executives and Salesmlen.-TheprvsosfSetn abe
shall not apply to either executives and servisiors and Sthir imve-
diate assistants receiving thirty-five ($35.00) dollars weekly or miore,
or to traveling salesmen.
(b) Emergency Overtime.--The aximum hours fixed in thec fore-
going section shall not apply to any employees on emergency ma~in-
tenance or emergency repair wsork~ involving breakldowns orI protection
of life or property, or on emergencies ocensioned by thei necessity- for
services of specially skilled emrployees wh~icht emecrgencies cannot be
cared for by the employment of additional mencr. But in anly such
special case at least one and one half times thle normal rate shazll be
paid for hours worked in excess of the maxsimuml pr'oviddcc ini Sectioni
1 above.
(c) Ordnar Overtimie for Sensonal Periodls.-The ma xsimumll
hours fixed in Section I above shal not, apply for eight (8) weeks in
any twenty-six (26) weeks period, during which overtime shatll niot
exceed eight (8) hours in any one (1) week. In any such case at least
one and one half times the normal rate shall be paid for hours workedc
in excess of eight (8) hours in anyT twrenty-four (24) hour period, or in
excess of forty (410) hours in any seven (7) day period.
(d) Repor~ting Overtimne.--All wor~k in excess of the hours provided
in Section I above shall be reported to the Code Aurthority in such
detail as may be required.
SEc. 3. Sunday and H'oliday WPork.--N-uot less than one and one
half times the regular rate shall be paid for all work performed on
Sunday, on New Year's Day, on ~Washingrton's Birth~day, on M~emorial
Day, on the Fourth of July, on Labor Dayv, on Thanksgiving D~ay, or on
Christmlas Day---watchmnen excepted.
SEc. 4. Watchmen --Watchmuen shall be permitted to work not in
excess of fortyr-eight (48) hours per wFeek.
SEc. 5. Emnploymnent by Several ]Employers. N~To emlployecr shall
permit any employee to w~orki for any time which, when totaled with
that already performed for another employer or employers, exceeds
the maxuimlum permitted herein.
SEC. ej. 3[MSXfmu H~ours for W~orking Employe!rs.--Employer.s who
personally performl manual work or are engagedl in mechanical ope~ra-
tions shall not exceed the prescribed maximum numiber of hours.
AnRCict IV.-WAICIGES
SECTION 1. Minimum~ Wages. (a) N~ro male emprloy~ee, except as
hereinafter provided, shall be paid at less than the rate of fort~v (40)
cents an hour and no female employee shall be paid less thian at th~e
rate of thirty-five (35) cents an hour.
(b) Clerical employees shall be paid at at rate not less than fifteen
($15.00) dollars per week; provided, however, that office boys and
girls and messengers shall be paid at a rate not less than eight (80)
percent of the minimum salary herein provided, andprvddurer
that the number of such office boys and girls, anIrvdmedssengers uthrso
paid shall constitute not more than five (5) percent of the total number
of employees of any onre employer, but in any case, such, employer
shall be entitled to emply two (2) such employees.
SEC. 2. Piece Rates --This Article establishes a minimum comlpen-
sation, irrespective of whether an employee is actually paid on a time
rate, on a piece rate, or other basis.







886


SEC. 3. Fiema~les.-Flema~le employees performing substantially the
same workr as male employees shall receive the same rate of pay as
male employees; and where they displace men they shall receive the
same rate of earnings as t~he men they diisplace. The Code Authority
shall, within ninety (90) days after the effective date of this Code,
file with the Administrator a, description of all occupations in the
Industry in which both men and women are employed.
SlEc. 4. Apprentices.-Regularly indentured apprentices shall be
paid a starting rate not less than eighty (80) percent of the minimum
set forth in Sect.ion 1 above. The number of apprentices shall not
at ainy time exceed t~he ratio of one (1) apprentice to ten (10) skilled
workmen engaged in production. Copies of all such apprenticeship
contracts shall be fied by the employer with the Code Authority.
SEc. 5. Disabled Employees.-Ahn individual whose earning ca-
pacity is limited because of age or physical or mental handicap may
be em~ployed on light work at a w~age below the minimum established
by this Code if the employer obtains from the State Authority
designat~edbythe United States Department of Labor a certificate
authorizing employment at such wages and for such hours as
shall be stated in the certificate. Each employer shall file with the
Code Authority a list of all such persons employed by him.
SEc. 6. Adjusting Watge Sca~le.--Within t~hirtyv (30) days after the
effective date of this Code the wages paid all workers whose pay is
above the minlimulm shall be equitably adjusted, if this has not a~lre~ady
been done since May~T 1, 1933. In making such a readjustment there
shall be no decrease in wagae rates at this time. Within sixty (60)
days of effective date the Code Authority shall report to the Admin-
istrator t~he readjustments made.
ARTICLE VT-AiDDITIONAL LABOR PROVISIONS
SECTION I. Employees shall have the right to organize and bargain
~collectivelyI through represePntatives~ of their own clhoosing and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organnization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection; provided (a)
that no employee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from. Jo~Lmng organizing, or assistmng a labor organization of his own
choosing; and (b) t~hat employers shall comply with the moaximum
hours of lazbor, minimum rates of pay, and other conditions of em-
ployment approved or prescribed by the President.
SEc. 2. No person under 16 years of age shall be employed in the
Industry-, nor any one under 18 years of age shall be employed at
operations or occupations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator before
ninety (90) days a list of such occupations. In any State an employer
shall be deemed to have complied with this provision, if he shall have
on file at certificate: or permit, duly issued by the authority in such
State empowered to issue employment or age certificates or permits,
show~inga that the employee is of the required age.
SEc. 3. Within each State this Code shall not supersede iany laws
of such State imposing more stringent requirements on employers,







387


regulating the age of employees, w~ages, hours of work, health, fire, or
general workiing conditions, tha under this Code.
SEc. 4. Employers shall not reclassify employees or duties o~f
occupations performed by employees or engage in any other subterfuge
so as to defeat thle purposes of the A~ct or of tbs C~ode.
SEc. 5. Each employer shall post in conspicuous places necessible
to employees full copies of ths Code.
Sr~c. 6. Every employer shall make reasonable pZs~h"trovisions for t~he
safety and health of his employees at the place anduinthhor
of their employment.
ARTICLE -~PRICES
SECTION 1. (a) W~ithin ten (10) days after the effective date of
this Code each member of the Industry shal file with th Code
Authority at the office of the Secretary-Treasurer of the Sawn Manu-
facturers Association of th Unlited States, his prices, discount sheets
and all other conditions of sale.
(b) Prices filed with t~he Code Aruthority shall, cover:
W~loodeviting Sawsc-Mlill: Band Saws, wide and narrw; Circular
Saws, including groovers, dadoes, concave, cylinder, barrel; Straight
Saws, including crosscuts, drag, mulay, gang.
I'oodcutting 8aS-HardwLare: Rand Saws, including pruning,
keyhole, compalss; Buck Sawfs; Web Saws, Turning ad Felloe;
Coping, Ji~g, Jewelers' Saws.
C~ircullar Aleltal-Cutting Sawcs; Sawcs for cutting miscellaneous mte-
rials: Ice Saws, straight and circular; Butchers' Saws, hand and
band; Cane KJTnives, Trowels, Hedge Shears, suchz other classifications
as the Code Authority~ may direct.
(c) In1 no case sh'all~ a member selfl at a price other tha-n hi filed
price for the various classes of trade.
(d) A manufacturer may change his price as filed with~ the Code
Authority at any time. A price change shall become effective. on the
tenth day after it is mailed to the office of thze Secretary-Treasulrer of
the Saw M1anufacturers Association of the U.nited States. WIGhenl a
member revises a price, any other member may file a revised price to
meet the sfrt onle. The second price shall become effectivei ol th~e
same day as the first.
(e) Prices filed with the Code Authority shal be openl to the in-
spection of the trade factors as each may be concerned. At the re-
quest of a member the Code Authority shal mail him such informa-
tion aibourt filed prices as he requests.
SEC. 2. (a) Nio member of the Industry shall sell any product at a
price below his own individfual cost. A ny ember may, however,
meet the price competition of any other member whose costs under
this Code provision are low'~er.
(b) Costs shall be determined in accordance with the principles
enumerated in an adequate cost system formlaed by the Ceode
Authority with the aprvlof the Administrator. The Code
Authrit shll, iththeapproval of the Administrator, specify
those items of cost which shall be allowable. It is understood that a
member of the Industry may use any cost system approved by t~he
Code Authority and th Administra~tor.
SEc. 3. In the event that the Code Authority fids that any filed
price would cause instability in the market, the Code Authority ma







388


require the member of the Industry filinga such price to establish that
such price does not involve a net return to such member less than his
cost determined pursuant to Section 2 above of this Article. Until
such filed price under scrutiny is held violative of Section 2 above, it
mayS remain in effect. *
ARTICLE VII-U'LNFAIR PRACTICES
For the purpose of this Code the following shall constitute unfair
trade practices:
SECTION I. Unethical and False Statements.--No member of the
Industryr shall, either through the medium of his catalog, advertise-
mnent, or any other printed mlatt~er, or by his representatives, make
any false statements or inferences reflecting upon the methods of
business of his competitors, or make any false and misleading state-
ments regarding the products or prices of competitors, nor shall be
defamle or disparage comnpetit~ors directly or indirectly by words or
acts which untruthfully impugn their business integrity, their ability
to keep their contracts, their credit standing, or the quality of their
product.
SEC. 2. Commercial Bribery.--No Member of the Industry shall
give, permit to be given, or directly offer to give any thing of value
for the purpose of influencing or rewarding the action of any employee,
agent, or representativ-e of another in relation to the business of the
emrployer of such emnployee, the principal of such agent, or the rep-
resented party, without the knowledge of such employer, principal
or party. Commercial bribery provisions 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 com-
mercial bribery as above defined.
S EC. 3. Re bates.-W~i thholding from or inserting in any invoice
mantt~er which makes it a false record, wholly or in part of the trans-
action represented on the face thereof, and the payment or allowance
of secret, rebates, secret refunds, secret credits, unearned discounts,
whether in the form of money or otherwise, shall constitute unfair
practices.
SEC. 4. Trade-in Allowances.--No member of the Industry shall
take in trade or make allowance on any old or second-hand solid
or inserted tooth circular saws except upon such terms and'conditions
as mnay be determined by the Code Aut~hority, nor shall any member
of the. Industry permit his agent t.o make an over-allowance on any
such product in violation of this Section.
SEC. 5. Guarantee.
(a) No member of the Industry shall replace or make allowances
on any products because of complaints against their quality, except
after full examination of such products by the manufacturer producing
the, ad ten nlywhen the manufacturer finds that the complaint
isem baed ohn fair ad reasonable grounds. Claims entered for faulty
workmanship or material which are not reported until after the
product has been largely consumed should not be allowed, but if any
allowance is made, it shall be on the basis of the amount used.
(b) No manufacturer shall replace or make allowance on any band
sow 6" wirde or wider if the saw complained of has been worn down
See paragraph 2 of order approving this Code.







8389


more than M"', unless the saw shows actual defects in steel, such as
splits.
SEC. 6. Free Service.--No member of the Industry shall render
to any purchaser of anly products in or in connection wilth the sale of
such products any unusual service or packing unless fai compensation
for such service~ or packingr shal be pa id by such pu rch aser.
SEc. 7. Established Outlets.--No member of the Industry shall.
grant a selling commission, or a dealer's or wholesaler's discount to
any concern or individual other than an established salesmnan, dealer or
wholesaler as defined herewith. An established salesman is anyone
paid by salary or commission for selling, while a dealer or a wholesaler
Is anyone who buys and resells and who is rem~unerated by a profit
above his purchase prie for reselling to users or resellers of this
product. Such salesmen, dealers, or wholesalers shall not be con-
trolled or paid for their purchasing effrts by the users of the products
p u rcha sed .
SEC. 8. Pir&cy.-TO imitate the trade mark, trade name, pac'kage,
wrapper, or label of a competitor's product to sjuch a degree as to
deceive or have a tendency to deceive customers shall constitute an
unfair practice. Likewise shal be unfair practices the maarking,
branding, labeling of products, and mlakino- statements reganrding
products, the purpose or effect of which may ge muisleading or tend to
deceive purchasers as to the quantity, quality, gralde or substance of
the goods purchased.
SEC. 9. Returned Goods.--No credit shall be given for r~eturn of
obsolete stocks or discontinueed sizes, but nothing he1rein contained
shall prevent the return of sizes currently shown on current price lists
of a manufacturer, provided t~hat the credit t~her~efor shall not be more
than curret prices of such malnufacturer, less retun freight and all
other expenses incidental to such return, including re~pack~ing, if
any. The provisions of this .Sec~tion shall not apply to contranc~ts in
force onl or before the effective dat~e.
SEC. 10. Refunding on Stocis.-Uon a change in prices by a
memzbe~r of the Industry no adjustments, allowances, credits, or
refunds shiall be given for merchandise on t~he customers' pr~emises.
SEC. If. TOHS Of PaByment.--It shall be an unfair practice to
grant terms of payment more favorable than the followig:
The terms of payment shall be thirty (30) days net. A discount of
(2) percent for cash mlay be alllow~ed. In no case shall t~he cash dis-
count be allowed when settlement is not made, by the 10th proxuno,
except that in the case of mletal-cutting cicular saws thie discount
may be a~llowcd if settlement is made by the 20th pr~oxuimo. T'he
Code Authorit may est~ablish regufat~ions cove~ringr the post-dating
of invoices to apply exclursively in those products of the Indu~stry
whc h~SEc. 12. Caryin Cbharges.-Ilt shall be an unfair practice to
handle carrying charges upon a basis more favorable than the follow-
in g:
All items shall be sold f ohb factories or branch houseps, but, carrying
charges may be. equalized to competitors' factor~ies or bralnc'hes. The
Code Authority may establish regulations covperig transportation
allowances to apply to hedge shears, t~row els, crossteut saw~s, circular
cordwood saws, home workshop circular saws in diamieters up to and
including ten inches, buck~sawrs, saw~ tools, handsaw\i s, and mnisrcl-
laneous short-saw items.







390


SEc. 13. Standard Specifications.--It shall be an unfair practice
not t~o comply with any program for the simplification or standardiza-
tion of specifications as worked out by the Standardization Committee
of the Saw Manufatcturers Association of the United States and ap-
proved by the Code Authority.
ARTICLE VIII-ADM~INISTRATION
SECTION 1. The Code Authority shall consist of not less than seven
(7i~) and not more than eleven (11:) members. The seven (7) members of
the Executive Comm~ittee of the Saw Maunufact~urers Association of the
United Stat~es sha~ll be members of the Codee Authority. If any mlem-
bers of the Industry who pay their proportionate share of the expense
of the adtministration of t~he Code, but who ar~e nonmembers of the
Association, desire represent ta tion they may elect by some fair method,
subject to the approval of the Administrator, one (1) member. The
Admiunistrator miay Appoint not. more than three (3) members without
Y~Ot~e.
SEC. I2. Tn Order that, the Code Authority shall at all times be truly
representative of the Industry, and in other respects comply writh the
provisions of thle Act., the A~dminist~rator may provide such hearings
AS he may deem 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, mlay require an appropriate
modification in the method of selection of the Code Authority.
SEc. 3. Each member of the Industry shall furnish to the Code
Authority such information and statistics regarding hours of opera-
tion, wa.ges paid, and prices, as may be required by it with a view to
keeping the President of the United States and the Admlinistrator
informed as to whether the Code Authority is taking appropriate
st.eps to effectuate in all respects the declared policy of the National
Industrial Recovery Act.
SEc. 4. Except as otherwise provided in the National Industrial
Recovery Act, all statistical data filed in accordance with the pro-
visions of Section 3 of this Article, shall be confidential, and the data,
of one member of the Indust~ry shall not be revealed to any other
member of the Industry, except for the purpose of administering or
enforcing the provisions of this Code. The Code Authority, by their
duly authorized representatives, shall have access to any and all
statistical data that ma.y be furnished in accordance wcith the pro-
v-isions of thiis Code.
SEc. 5. Any complaints regarding an alleged infraction of this Code
shall first be forwarded to the Code Authority for investigation and
action.
SEc. 6. The members of the Industry shall be entitled to participate
in and share the benefits of the activities of the Code Authority.
The expense of administering this Code shall be borne by such mem-
bers participating in and sharing the benefits of the activities of the
Code Authority. Shares of these expenses shall be assessed in equit-
able and just proportionate amounts upon said members and shall be
dtertrmin ted the Code Authority, subject to review by the Adminis-
traor n te asis of volume of business and/or such ohrfcosa
may be just and equitable.







391


SEC. 7. In addition to the information required to be submitted
to thle Code Au thlority there shall be furnishled to Gover~nmnent Agencies
such statistical information as the Administ~rator mnay deem necessaryy
for the purposes recited in Section 3 (a) of the Act..
SEc. 8. If tihe Admninistrator shall determninee that any netionl of a
Code Aut~hority or any agency t.he~reof is unfair or unjust or contralry
to thle public interest, tihe Admninistrator may1\ requiree that such action
be suspended for a period of not to exceed thirtyr (30) do!ys to offTord
an opportunity for investigation of the mecrit.s of such nortlcon and fur-
ther consideration by such Code: Authority- or age~ncy3 pending final
action, which sha~ll be taken only upon approv-al by the Adminiist rator.
ARTICLE IX--GENERAL Paon'sioNs

SECTION 1. Pursuant to sub~section (a) of Section 10 of the Na-
tional Industrial Recovery Act, the President of the Uniited SFtates
may fr~om time to time cancel or mnodify- any order, approval, license,
rule or regulation issued under Title I: of said Act.
SEc. 2. Export Provisions.--The fair-practice provisions of this
Code, namely, Articles VI and VII, concern sales of products of thie
Industryv for use within Continental Ulnited States alone.
SEc. 3. The Saw Masnufactures Association of the United States
shall impose no inequitable restrictions on membership and shall
submit to the Administrator true copies of its articles of alssociation,
bylaws, regulations, and any amendment when made ther~eto,
together with such other information as to mlember~ship, organization
and activities as the Administrator may deem ~necessary to effectuate
the. purposes of the Act.
SEC. 4. NO provision of this Code shaall be so applied as to permit
monopolies or mnonop~olistic practices or to eliminate, oppress, or dis-
crimlinat.e against small enterprises.
SEC. 5. Effective Date. This Code shall become effective on the
10th day after its approval1 by thae President.
Approved Code! No. 274.
Registry No. 1108-1-02.




UNIVERSITY OF FLORIDA
11111111111111111111II11111111111 1111111111111111 111111111111111 I
3 1262 08855 5817