Code of fair competition for the newspaper printing press industry as approved on March 5, 1934

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Material Information

Title:
Code of fair competition for the newspaper printing press industry as approved on March 5, 1934
Portion of title:
Newspaper printing press industry
Physical Description:
p. 473-483 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Newsprint industry -- Law and legislation -- United States   ( lcsh )
Printing presses -- 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:
"Approved Code No. 319."
General Note:
"Registry No. 1325-05."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004946227
oclc - 656530197
System ID:
AA00006681:00001

Full Text








































UNIV. OF FL LIB.
DO~cUhidf NT DEPT.




U.S. DEPOS1TOAY


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


Approved Code No. 319


Registry No. 1325--05


NATIONAL RECOVERY ADMINISTRATION




C ODE OF FAIR C OMRPE TUITION



N EWSPAPE R

PRINTING PRESS INDUSTRY

AS APPROVED ON MARCH 5, 1934


WE DO OUR PART


I


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 19341


























This publication is for sale by the Superintendlent of Documents, Government
Printing Office, Wal~shineton, D).C., and by district offices of the Bureau of
Foreign. and D~omestic C~ommerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 P~ost Offil~e Buildling.
Birmingham, Ala. : 257 F~ed~eral B~uildling.
Boston, Mlass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Buildling.
Chanrleston, .S.C.: Chamber~c l of Commerce Buildlingr.
Chicago, Ill.: Suite 1706G, 201 North Wells Street.
Ctleveland~. Ohio: Chtamber of Commerce.
Dallas, Tex.: Chlamber of Commerce Duildling.
D<*Imc~it. .31h-hl.: St.1 Fir~st National B3ank B~uildlin'.
H3ouston, Texr.: Chamber of Commnerce D~uildingn.
Indianapolis, Ind.: Chalmberr of Cowmmrlce B3uilding.
Jackrsonville, Fila.: c:hamllber of Commerce B~uib~ling.
K~ansas City, Mo~.: 1028 Baltimore Avenue.
L~os Angeles, Calif.: 1163 Soluthl Broadwvay.
Louisville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Mlinnonplolis, Mlinn.: 21S F~tedrl BIuild~ingr.
New Orleans, La.: Room 22-.5-, Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolki, Va.: 406 Eanst Plume Street.
Philadelphin. Pa.: 422 Commercial Trust ~unibling..
Pittsburgh, Pa.: ChamberLP I of Commerce Buikiling..
Por~tlandl, Ol'egr.: 215 N\ewY Post Office Buiblling.
St. Louis, M~o.: 506 O.live Street.
San. Fralnc~isc~o, Calif.: 310 Customhouse.
Seattle, 11'a -h.: 809 Federal Office Building.













ApprovFed Code N(o. 319


CODE OF F"AI[R COMPETITION~
FOR THIE

NEWSPAPER PRININ NG ]PRESS INDUSTRY

As Approved on Mllarclh 5, 1934


ORDER

APPROV'INGI CODE OF FAIH COMPETITION FOR NEWCSPAPER ]PRINTma
PRESS INDUSrTRY
An a2pplicationl hl\iain bcen duly madrlce pursuant to and in full
compliance with the prorvisionls of Title I of the National Industrial
Recovleryl Act, appr'ovedl June 16;, 1933, for approval of a Code of
Fair Comnpetition for the Newspapnler Printing Press Industry~, and
hearings having been duly1 held th~ereon and t~he annexed report
on said Code, containing findings with respect thereto, having been
maLde an1d directed to t~he President:
NOW', THEREF;ORE, onl behalf of the 1President of the United
States, I, Hugrh SC1. Joh~nson, Administrator for Indust~rial Rtecovery,
pursuant to authority vestedl in me by Executive Orders of the
President, inc~luid~in Executive Ordter No. 0543-A, datedl December
30, 1933, and otherw~ise; do hereby incorporate by reference said
annexed report and dlo findl that. saidl Code complies inl all respects
with the pertinent proi~s~ions and will promote the policy and pur-
poses of saidl Tit~le of saidl Act; and do her~eby order that said Code
of Fair Competition be andi it is herebyr approved, on condition that
in the second sentence of Sect~ionl 3, Article III1, the words and figures,
" fort~y-eight (483) hours per week;," be eliminatedl and the words
and figures, for~ty-five (45) hours per week,"~ be inser~tedl.
HusixG; S. JOHNSON,
Admninistrfator for Inidustiali Recovery.,
Approval recommended :
W., A. HARRIMIAN,
Divi'sion A dmin ist~fraor.
1%ARCH 5, 1934.


44412*---425-31---34


(473)














RE]POIRT TO THE PRESIDENT'


T~he PRESIDENT,
The WFhite Hiouse.
Sm: T'his is a I~~~repot on the Code of Fair Comper~ltition for the
Newspaper P1riting~ Pr~es Industry, as revised after a Public Hearl-
ing~ held in W~ashingtonl on the 27ith day of Dc~emlbe~r, 1Y93, in
n<.me~lane with. the pro~vicionsl~ of the Natio-nn1 Induzstrial R~c:overy's
Act.
PR~OVISIINS~c AS TO Hlt-H~s ANPID W.\GES:

Emlploymlent is limritedr~ to 8 hours per day and 40 hours per' week'T\
with. the exception of those~~ employees elrgagedl in emergency malin-
tenance and/or repair work or on emerg~bencies. ocens-ionedt~ by thei
nlecessity for ser-vices of speccinly~ s~i~lled employees wFho e~nanot be
rrepincedcc-. To provide for seascnal dlemandsl over~timne is allowedt to
the extenlt of 8 hours per week for 6 weeks in anly 26-wek~l p~er~iod.
Overtimel~ in excess of 8 hlour~s in any (24-hourl period or inl excess
of 40 hrones~ in any 7-da~y per'liodl will be palid- for a:t one and olne-hnilf
timnes the noirmM: 1 rate.
M~ininsuinll wages of 40 cents per hour forl males anrl femleslc. i are

Clerical clmp-lot e e- 011 not be p~aict less than at the rate of $15.00j
per weekl.
Ei.'I.NOM IC' EFFECT OF THIE c'."UDE

In June, 1033, this IndullstryS, which comprisess fivie companies,
employed~ 1,185 persons. Since adoption of the 40-hour1 week as p~ro-
vid'edt in this Cotle, emnployment ha Ils increasede c to 1:.633 pers~ons, or
an increase~ of 355c.
The invested~l capital of the Indu~stryS is about $20,j000,000 andl the
avcerag~e a~nnule value of its products for the past five years waTES
a~pprox(imanttely $10,000,000.
FIN DINSC

TIhe Deputy A5dministrator in his final report to me on sa~id Code
having fo-undl~ as herein set forth and on th~e bas~i.- of all the pr~o-
ceedingslb~ in this maltter1:
I find that:
(a) Said Code is well d.esignetd to pronallite the policiies andr pur-
poses of Title I: of the NaJ~tio~nal Industrial Recovery Act, including
remoncval of obstenetionsorr to the free flowT of interstate and foreign
ccornuner1ice which tend to dlimlinish the amount thereoccf andl will pro-
vide for the gene~ral we-lfarle by pr1omo~ting the org~anizatio n of in-
dustry for the pulrpose of coopera~tive action amnIIgr the trade
groups,'' by inducing and mal~intalining~ united action of labor and
** (474)







475


management under adequate gaovernmental sanctions and supervi-
sion, by eliminating unfair competitive practices, by promnotingg the
fullest possible utilization of the present pr~oductivee capacity of in-
dustries, by avoiding unduxe restrictions of production (except as
may be temporarily requirede, by increasing the consumption of
industrial anid agricultural products through increasing pur~chasing
p~owier, by reducing andl relieving unemployment, by improving
standards of labor, and by otherwise rehab~ilitating industry.
(b) Said Indust~ry normally employs not more than 50,000 em-
ploylees; and is not. classified2 by me as a major industry.,
(c) T~e! Code as appr~oedl complies in all respects with the per~ti-
nent. provisions of s;aid Title of saidjC Act,_ includr-ing without limaita-
tion Subsjection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Sectionl 10 thereof; and that the applicant group
is an indlustr~ial association truly rcpr~esentatie. of the: aforesaid
Indust ry ; andl that suidl association imposes no inequitable r~estrictions
on admission to mnembership> therein.
(d) Thle Code is not. designed to and will not p~ermit monopolies
or mlonopolistice practices.
(e) The Code is not designedl ton a~nd will not eliminateP or oppress
small enterprises and w~ill not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been dep~rived of the right to be hear~d prior to approval of said
Code.
For these r~easons? therefore, this Code has been, approved by me,
onl condition that. in th~e second sentence of Section 3, Article III,
the words andl figures, forty-eigaht (48) hour per week?," be elimi-
nated andi the words andi figures, for~ty-five (45) h~our~s per week,"'
be inlsertedl.
Respectfully,
HUGHaI S. JOHINSON,
Administrator.
AIIARC'H 5, 1934.













CODE OF FiAIR COMPETIT~ION- FOR THE NEWSPAPER
PRINTING~ PRESS INDUSTRY"

A2RTIC'LE ]I--FURPOSES

To effectuate theF policies of Title. I of thle Natflional Industrial
Recovery Act, the following provisions are establish~ed as a Codle ofE
Fair Comlpetition for the Newspaper Pr~inting Pre~ss Industry, and
shall be the standard s of fairly comnpetitionl for suchl Ilduistry and
shall be binding upon every m~emlber thereof.
ARTI(.LE II-D-TEFINITIONS

The term Newspaper Printing P~ress Indu~lstry '" as used~ herein
includes the mannll fultur~le, andl sale by! the ma~nu~facturer,, of Roll-fed
Wreb-perfecting Pr~inting' Prewe.., printing~! fcrom either culrred S~lt"er-
eatype" plntes or flat frms'n~ genraltly;I? in use for the normally bla.ek
sejctions~ of Newspap~lers.
The term'l "L emlorl~yee as used herein includes anyone engagedt in
the Indust~ry in an enp~nrit~y rcc~iVingb Cconspe)tllnatio~n for his serv~-
ices, ilrrespclt~ive of the~ nature or melthodl)~ of: payment of such
co~lpllS:t'.iioflO.
Thle termc emlploSer as used!. herein inlcludets :Inyo(ne by: whlom
any sulch employee is comlpensatedl or emloyed.,''il
The term. memberr of the Induslltry\ includes anyone~~t engaged in
the Indusctry aIs abov-e defined, either as an employecr or on his ow\Tn
b~ehalf.
Thle termls, PICilre iet, "Ajict," andlr "Aidministr$tor ") as u1sed7
herein shall mean res~pc~ctivel ly the President of the Unlitedl States,
Title I: of the N~ational IIndustrial RecoveryS _Act, and the Admllinis-
trator for Indusrlllin Recovery.
The terrai "mletlropolitanr d'ist'iC't" as uasedl herein. shall mnenn an-y
locantionl inl, or wiithin a radius~ of fifty miles of, a city of 100,00( 0 po-
ulto rmr.The term nonI-meItropol~~litanI districtt,' Shall mlean
all territory other than. definedl~ as metropolitan.
Population. fo~r the purposes of this Codet shall be deter~minedl by
reference to the 1939 Feder~lal Ce~nsus.
The term "Association," as used~- herein, means the Newsipaper
Pr~intingr Press Builders' Association.

AUlTICLIE III-HOURS

1. No employee shall b~e p~ermitted~ to work in excess of forty (40)
hours in any one (1) w\ee or eight (8) hours in any~ t went.y-four
(24) hour11 period, excep~lt as hereinnffter provided.
2. The prlovisio~na limnitinlg hours~ of w~orkr shall not a pply to travel-
ing saltsmlen; or to technical flcienginer or persons employed in a
(476)







477


managerial or executive capacity who ear~n not less than thirty--five
($35.00) dollars per wreeki.
3. Watchmen mlay be permitted to w-ork; not in excess of fifty-sixrr
(56) hours per w~eek. Firemnen maR~y be p~ermittedl to work not in
excess of for't.y'-eigrht (418) hours per week.'
4. The maximum hours set in Section 1 of thiis Article shall not
apply to field service men who may be peeri~tteed to work whatever
hours many be considered necessary1 to avoid interruption in o~peration
of newcly-installedl or mlovel mlc~hinerly in nlewspnper plants. In all
such case~s, how~ever. at least one and one-half (1%~) times the regular
Irate shall be paidl for hours worlkedl in exc~es of eight (8) hourlls inJ
any twrenty-four (24) hour per~iodl or forty (40) hours in any sr\eve
(7) dlay period.
5. To facilitate the worklinlg of two (2) or mlor~e. regular crew
shifts in any plant, a tranlsfer of an emplloee fromr one regular
shift to anlot.her Ieregular shift, within the samte twenty-four (24)
houlr period may be made w~itho-ut incurring pa~ymrent of penalty
overtimne rates for hours w~orked~ in excess of eight (8) hours in, anty
tw~enty-four hour period, provided that any such tlransfer must be
for a per~iodl of not less thanl one (1) week;'s duration, and further
provided that, in all such cases the total regular time, hours w-orkedl
by such emnployvee for any onle (1) w~eek shall not exceedl forty (40)
hou rs.
6. Certain trades in the Newspatper Printing Press Industry have
a limited Ilnuber of avanilable qua~rlified w~orkmen. At times condit-
tionss arise dlue to lack of such~ labor or mlachline capacity, or due to
accidents, spoilage or unforese~jen delay, which make it necessary
.(in order to keep, emp~loyed, or to increase the number of, workers
in other departments) to have these specially qlualifiedt men work in
excess of the hours prescribedl in Section 1 of this Artic~le. In such
cases, when no suchi specially qualified person can be hired in the
available time, it shall be permlissible to work the additional time re~-
quir~ed to balance the production schedule and/or to avoid laying off
other wTor~kers. In anly such special case at least one and one-half
(1%~) times the normal rate shall be paidl for hours wTor~ked in. excess
of thle miaximumi houlrs providedl in Sjection 1 of thiis Article.
7. The mlaxinnunl hlour~s set, in Sec~tion 1 of this At~icle shall not
apply to a~ny emlployvee on emergency ma~intenance, or emrergenc~y
repainr work invonlvingv breakdowFns or protection of life or property,
but in any such special case, at least one and- one-half (11/2) times his
regular r~at~e shall be paid for hours worked on such work in excess
of the hours fixed in Section 1 of this Alrticle.
8. The maximum hours fixed in Section 1, of this .Article shall.
not apply during any six (6) weeks in any twrjenty-six (26) weeks'
period, during whiich time overtime sihall not. exceed eight (8) hours
in any one (1) week; provided that in any such special case at least
one and one-half (11%) times the regular rate shall be paid for hours
worked in excess of eight (8) hours in any twrenty~-four (24) hour
period or forty (40) hours in any seven (7) da~y period.
9. No employer shall know~ingly permit any employee to w~ork
for any time which, when totaled w'ith that already performed for
a ee paragraph 2 of order approving this C'ode.







478

another employer or employers, exceeds the maxsimumn permited
her~ein.
AnnrcLE IV-WATGES

1. (a) No employee, except as hereinafter providled, shall b~e paid
less than at the rate of fo~~rty (40) cents per hou!.,
(b) No clerical or o.ffic~e empl-loyree shall be paid less thlan at
the rate of fifteen ($15i.00) dollars per -week; provided, hlowever,
tha3t office! boys, office girls, and messengers may be paid not. less
than eighty (800/) percent of the fifteen ($15.00) dollartl rate herein
fixed~; but the totalI number;- l of suc~h office boys, office gir~ls and mes-
sengersl so paid shall nlot. exrceed five (5) petr~ent of thes total number
of otlice and c~lerica~l employees!t~ of anly one emrplo~yer, blt. in any3 case
such'l emplllloye shall be enltitled~ to employ ait least tw\o (2) such

2pl1.vThis Aticl establlilirhe mlinlimumlll rites of p'ay, regardless of
whether an cunpinyeet~c is compnl-al~tedt on a time-ra-te, piecet-work,, or
other baslis.
3. The~lre shall be an eqcuitab~lle adjulstmelnt of all wag~e raHtes above
ther mninimlum unlless thiis has1 alreadlty beenl done, but in no case shall
the wngres above Iluinlinuanl be decreasedl~~t as a result~ of this adjustment.
Thle lc~tionl taken by. each membercl shall be reporte'd to the Clode
Authority within thirty (30) <1nys after the effecctivec date and to
the Admllinistentorf(, on request.
4. A peran-) I whose learning capacity is limlitedl b~ecause of age or
phyg~ical or mnlltal hlandtic;p1 mly be emlployedl on appropriate wor~k
at a, w-age below the Iinininannl e-;tablish~ed by this Code if the. eml-
ployer obtains from the State Authlority desig~nate d by thle United
States Departmlent of Labor~l a cer~tificante authorizing his employment
at such'1 wages and for such hours1' as shall be started in3 the certificate.
Each emlloy-er shanll file with the Code Authlority a list of all such
persons employedT by him.
5. Nothing in this ASrticle IV shall apply to, or aIffec~t any employee
apprentticed to anly emllployer by an indentur~e mlade inl pursuance of
the laws of anly State of the Unit~ed States, or,1 by a written contract
undler anly appren'~tie systemll e~stblivhed and mainiitined by any
employer, but all existilgr and future apprentice conltractls shall be
filed wvith th~e Codec Anlthor~ity. The term apprentice menns an
employee usually a minor, who agrees to servet an emp~loyer for a
c~ertain tattedl period of time at prIedletermined wa~gei for11 the period
in o~~~rde to learn the trade.
6. The term11 appr,1entice 7" applies to those~ emplloyees who are
regularlyly indelnturle d inl the IndustryS for a sufficient period of time
to be systematically ad~vanrced-through the various operations in any
of the several trades or occupations. No emnployer shall employ
applrentices inl a nulmber to exceed' thfe ratio of one (1) ap~prent~ice to
every tenl (10) journymanan workers employedf by him in th~e p~articu-
lar trade or c-ccupartionl at the timie of the emnploymernt of such appren-
tices. In case of~ relucrtion in force a r~at~io of not more than one (1)
appren.'tic'e for every five (5) jour~neymne n worier~s employed by such
emp!oye`r mnay he~ ma1intainedl but no new ap~prent~ices shall be
employed~r until the r~at in of one (1) apprentice to every tenl (10)
journeyman workersct~ is r~eestablished.







479


ArrlTCLE VT-GENERAL LABO[3R PRO\'ISIOJNS

1. No person under 8siteen (16) _vears of age shall bet employedl in
the Industry. No person. under eigrhteen (18)~ years of a e shall be
employed in operations or occupations which are hazardous mn nature
or dalrngerous to health. Thes Code AButhorityT shall submit to the
Administratorl for approval within ninety (90) days after the
approval of this Code a list of suich operajtionis or occupations. In
anyl St~ate an employer shall be deremed to have complied w~ith this
provision as to agec if he shall have on file a certificate or permnit
duly signed by the Aulthority in such State emlpoweredl to issue
employment. or age certificates or permits shlow\ing that the -employeie
is of thle required age.
4. Pursuant. to Section 7 (a) of the Act, it is provided~ that:
Employees shall hav\e the bright to organize and balrgain collee-
tively through:~~ repr~esellntaives of their own choosing, and1! shall be
free from inter~fer~enc~e, r~esti~aint, or coer~cion of employers of Inb~or,
or their agents, in the designation of such re~presenitatives or in
self-orga~nization or,1 in other c~oncertedl activities folr ther p~urpos e of
collective bargaining or other mlutual aid or pr~ote~ction.
No emlploy~ee and no one seeking employment shall be ~requir~ed aa s
a condition of employment to jomn any com-rpany union or to r~efrain
from joining, orgamizmg, or assisting a labor or~ganjrzntion of lus olw~n

Emp~loyesei shanll c~omplly w~9ith the maximum ho~urs of labor, min~i~-
mnum rates of pay, and other condlitio~ns of employmenltt approvedc' or
prescribedl by the Pr~esident.
3. No emp'loer shall reclas~ify employees or duties of o~ccupations
per~for~med or engage -in any Aubter1fugg e for the p~ui-pose: of defe~atinlg
the I)'purpose or provisions of thre Act or of this Codec.
4l. W\it~hin each SCtate mnember~s of thle Indlustr~y shall comply wsFith
any lawTs of such State impo~sing more stringent requirements: regul-
lating the age of emp~loyees, wages and hours of work, safety or
health, fire, insuir~ance, or general worlijngr conditions than under
this Code.
5j. Within ten (10:) days after the effective date, each employer
shall p-ost, andl thereafter maintain, in conspicuous places accessible
to employees full c~op.ies of the wagres and hours p~rovisions~ of this
Code and any amendlments orl mnodifientions which may later be
approved .
6. Labor agreemlents now in force between mnembehrs of the In-
dustr! and their employees shall be affected only by such provisions
in this Code as may prescribe higher wnsges and~ shorter hours t.han
are provided for in such agreements.
ARFTICLE VTI -ADM\INI c STRATION

To further effectuate the policies of t~he Act, a Code Authoritry
is hierebyv constituted to cooperate wvit~h the A~dminist~ra~tor; in th
Administration of this Code.
1. Organization and constitution of the Clode Authlority.
(a) The Code Authority shall consist of five (5) indlividuals or
such additional number as may from? timne to time be desired by the






480


Association and approved- by the Adlministr~ator, to be selected by the
Members of the ~Association, but no M~ember of the Assoc~int.ion shall
select more thlan one (1) Mlember of the Code Authority. In addi-
tion to mnemiber~ship,, as provided above, the AdmlinIistra~ntor mlay' a p-
point not to exceed three (3) meml~bers without vot.e and witlhout veto
to represent h-im or such groups or interests as the Administrnt~or
may7 desigrnate.
(b) The Association shall: (1) imipose no inequiitable restrictions
on. mlemblershlip ; and (2) submit to the Admlinistrator tr~ue copies of
its articles of association, by-lawcs, and sany amendments when made
.thereto, together with such other. information as to mnembershlip, or-
ganization, and activities as maty be nec~essaryS to e~ffectuate thle
purpos~~ies of the ~Act.
(c) In order that the Code Authority, shall at all times be tr~uly
repr~esentative of the Inldustlry and in other re~spects comnply wvith
thle provisions of the Act, the Administrator may provide such hear-
ingrs as he may deem proper; and th~ereafter if he shalll tind that thle
Code Authority is not truly ~epr~esentativ~e or does nzot in. other re-
sp~ect.s comply with the provj~isions of t~he Act., may required an up-
propriate modification of thle .metho~d of selection of the Code
Authority.
2l. The Code Author~ity shall have th~e following duties and pow\ersi
miito the xtnt permited by the ACct, subject to the right of the A--~l
minstrtoronrevew o isaprl"ove~ any actionl taken by the Clode
Authority:
(a) To insure the excuc~tio nl of the provisions of this Cod~e anld
provide for the complianceo of the. Industry with the provisions of
the Act.
(b) To adopt by-laws and rules and re~gulatiolns for its pr~ocedlure
anld for the administration and enforcement. of the Code.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code andl
to provide for submission by members of suchl information andZ re-
ports as the Administrastor may deem necessary for the purposes re-
cited in Section. 3 (a) of the .Ac~t, which information andi reports
shall be submnit~ted by members to such adlministr~at~ive and.'or gov-
ernment agencies as the Adlministrator mnay designaI1te; provided that
nothing in this. Code shall relieve any mnember of the Indus~try of
any existing obligations to furnish reports to any government
agency. No individual reports shall be disclosed to any' other memb-
berr of the Industry or any other party except to such governmental
agenexes as mnay be directed by the Administrator.
3'. Melber~s of the Industry shall be entitled to participate in and
share the benefits of the activities of the Code Author~ity and to par-
ticipate in the selection of the members thereof by assenting to and
complying with the requirements of this Code andl sustaining their
reasonable share of th~e expenses of its administration.
4. If the Adiministrator shall determine that any action of a code
authority or any agency thereof mayr be unfair or unjust or contrary
to the pubic interest, the Administrator m~ay require that such ac-
tion be suspended to afford an opportunity for investigation of the
merits of such action and fur~ther consideration by such code author-
ity or agency pending final action which shall no't be effective unless







481


th~e Administrator approves or unless he shall fail to disapprove
after thirtyv (30) day~s' notice to himr of intention to proceed with
such action in its original or modified form.,
AnRTIcL;n VII --TRADE PRACTICES

1. Accountin'~g anld Coesitin.-W~\ithl respect to that portfion of his
pr~oduct. whichl is wFithlin the ]Indu~cstry, every employ~er shall use ant
accounting system which confobrms to the princ~ip~les of, and is ast
least as detailed and complete as, thle uniform merthod of accounting,
and thle uniformly method of c~ostinlg, to: be formlula7tedc or app~oroed biy
the Code Aut~horit~y and the Adm~linistra~tor w6ith su1ch variations
therefrom as mayT be rIequir~ed by- thle indlividuanl c~onit~ions a7ffecting
any emp~loy'er o~r group of enm~ploers, and: as may be approved by th
Codle Authlority and tihe- Administrattor.. The Codle Au~thiorit~y shall,
withl the approval of the Admuinistrat~or, specify those items of costs
which shall be includedd in a~llowable cosits.
The following. practices conlstituites unfai me-thod~s of c~omplettiion
for members of the Industr~y and. are p~rohibjite d::
2. Selling~ Be7ilo- Cost.--Selling or exschangini g any p~rodu~ct of the
Indlustr~y at a pr~ic~e, osr upon t~erms ndl' condiltionsi, which will result
in the, purchaser p~aymg fror the groods receivedil le.-i than the allow-
ab~le cost thereof to the se~ller, de~c~l~termie in nec~ordan~ce w~ith the
method of cost~ing dlescrib~ed in Sectionl 1 of thirs Aticle; provided; d,
h~owever'Y, that wher~le any1? member of the Indlustry3 desires to sell any
Presses, U]nits, or Foller~s. new7 or ulsed~, alr~eadyl on hand, bel~owu iost
h~e shall notify the Code Authocrity of such fact, tolgetherl withl the
reasons therefore, coincident wnith~ ma1king~ bluch ICpropoal; aind pro-
zlided, furthf7e, tha~t wlhen a m~embller of the Industry~l~ wtishes to sell
below h~is own allowablel cost to meet, thet c~ompe~titionl of a lower cost
p~r~odurcel r ore to eet competition fron products of equjivalenlt design,
c~haracter, or specifcienions manlufacturedl ouitside oft the United
States~, he! shall so~ report to, the Code Aulf~()~thoit andC shall cite the
comnpetitio n which caulles hliml to take~ th~is action.
3. Inc~ludini g Delivlery anid, or Ins~fta7llatn WrithFout$ Pi~roer
Ch~ar~c.--Incl u ding~ i n an Quo 11t at io n~s anrbd, in, any Sales Con t rac ts,
for either new or u-edl machinrry, par~tial or comlpletee delivery
thereof to, and,'or partial or comp~llete erection thereof in, pulrchas~er's
places: of business, withoout stating the priC~e basis of said new macllhinl-
ery f.o.b. its point of manufacture (or, in, thle case of used manchin-
ery, its price basis f.o.b. its point of location) and a .separately
stated full charge cov-erinig all cost of trannsporltation, haldl~ing,
and,/or erection that, are includled in said; Quotations and Sales
Contracts.
41. Tl~rae-ln, Allor-wa-nee.- An~ y tra~de-in alloca~nc~e for used mna-
chinery greater than its fair resale vanlue, as determined byT a: methods
to be formlulatedl by th~e C'ode! Athllorityr and7 applroved by' the Aid-
mninistr~ator, less all expenses of removal, recondition~ingr and' mr~-
kret in g.
5. U'nuualnl S'ervzice.--F urn~ishing t~o anly pul~rchaser of the: products
of the Industry or inl connec~tionl wTith the sa~le of suich products, any
unusual service or eqluipmnent unless fair compensation therefore is
paid by the purchanser.






482


6. Machines on TI-'rial-Placing machines and/or equipment on
trial or placingr or loanmng or renting machines and/'or equipment
underl optional surrender conditions tantamnount to tr~ial; provided
that it shall not be construed unfair trade practice to install newly-
developedl machines or equipment in a customer's plant for the pur-
pose of testing their operation under pr1actical working conditions.
7. Secret Paymentsi(.--Secret payments, collnuissions or allowances
to any p~urchaser or any of his employees, whether inr the form of
money or otherwise, or secretly exstendingr to any p~urchlaser or any
of his employees special privileges not extended to all purc~hasers
under like terms and conditions.
8. Sp~cialr Discounts.-Paymlen~ts of any kzindl in th~e form of com-
miss~ionls, d~iscounlts, rebates or allowances on the purchase price of
anly newi or used product of thne I~ndulstry to any newspaper-ownedl
purc~hasingr suplyln company, cornsltingr engineers, engmneer mgn comi-
pamies, ar~chitcc.ts, or Iinespaper group buying: associations, as an
inducemenit to indiuence their emp~loyer's, members of such associa-
tions, and/or principals to purchase or contrnet to purchase froml
the maker of such paymlen~t, or to refra;in from dealing or contracting
to deal with completitors..
9. Adelicrtfi.?ingl~ rith C~ustomers.-The taking of advertising space
in con~lsideraition for malchineryy sold, as such is a practice in th1e
nature of a r~ebalte.
10. Future iComm2itm ents.-Commitmenitllts in Sales Contr~acts for
flfutre~ Sales, or Buyer's options for future purchases, at fixed prices;
also gua rantee~ingl to any7 p~urIchase, or offering to any p~urchase r any
option to trade in, at any future time, any used malch~in~r~y at any
fixed a m~unt, of trande;-in allowa~nce.
11. Interfelren~cet tith Contl~ractual Relato~rion.-Ma~liciouslyJ indue-
ing or attempting to induce the breach of an existing oral or written
contractct between a c~ompetitor and his customer or source of supply,
or interfering with or obstructing the performance of any such
contranc~tual duties or services.
12. Threats of Litigatifonl.- The publishing or circular~izing of
thrents~ of suits for inlfr'in~emlent of patents or trade marlks or of anly
other legal pr~oceedings not in good faith, with the tendency or
effect of hnarrassinga competitors or intimidating their customers.
13. Espionage of Comipeltitors.Secu rmg conlfhlential information
concerning the business of a competitor by a false or misleading
statement or r1eprlesentation, by a false impersonationn of one in
aulthor~ityr by bribery, or by8 any other unfair method.
14. Defamnatioz.--The defama~tion of competitors by falsely im-
putinlg to theml dishonorable conduct., inability to perform contracts,
questionable crIedlit stranding, or by other false representations or by
the false disparagement of the grade or quality of their goods.
15. False Markini~g or Br~anin~~!g.-TPhe false marking or branding
of any product of the Industry whichl has t~he tendency to mislead
or deceive customers or prospective customers, whether as to the
grade, quality substance, character, nature, origin, size, finish or
preparation of) any product of the Industry, or otherwise.
16. M~i~sriieptresenationi or Falsef or M~iislea~i~ng Adverftising.--
M~akingr or causing or knowingly permitting to be made or published
any false, mlaterially inaccurate or deceptive statement by way of






483


advertisemuent or othe~rwise, whlethler conlc~erning~ the grade, quality,
qu~antity,? substances, c~harancter, nature, o~iginl, size, finish, or p~repara-
tion of anyl product of the Industry, or the credit terms, values,
policies, or services of any member of the Imrlus~try3, or otherwise,
having the tendency3 or capacity to mliSleadl or deceive lcuslltomers or
perspective customers.~
17. Otrherl Unzfair Prcti'ces.- N~othingl in this Code shall limit thle
effect of any adj~udicationl by the courts or holding by thne Fdc~terl~
Trade Commissio~n on compllllain~, finding, and order~l, that any prac-
tice or mneth~od is unfair, providing that such adljudlication. or holdl-
ing is no~t inco~nsistentl with any prov~l\ision of the Act or of this Code~t.
ARCTICL-E VIIII -~rEFcTIV E AqREA

The Trande Practice Provisions in Article VII of thnis Codelt con-
cern sales for use within the f:cllninentallf Unlitedi States alone.

ARTICLE T ---i\ ]( DIF I CA.T I ON

1. This Code and all the provisions ther~eof are expressly made
subject to the right of the PIciresidnt, in nccorda~ncc~ with the provi-
sions of subslbectionl (b) of Section. 1_0 of the Nationlal Industrial
Reiover1y Act;, from time to time to cancel or modify anyT ord~er,
a ppro\l, license, rule or regulation issued ulndler Title I of said
Acet and specifically, but without limitation, to the right of the Pres-
ident to cancel or mIodify his approval of this Code or any conditions
imlposed- by him ulponl his approval thereof.
2. This Code, excerpt as to provisions required by the~ Act, may be
modifiedt onl thle bais of exper~ien~ce or changes in circumstances.
Recommllendations as to such modifications may be made by the Code
Author~ity and shall become effective as part of this Clode upon
a~pproval thereof by the Administrnto r after such notice and hear
ing as he may specify.
ARTICLtE X-M-1JONOPOLIES

SNo prov-ision of this Code shall be so applied as to permit monop-
olies or monompolistic prancticecs, or to elimnllate, opprless, or discr~imi
'nate against small enlterplrises.

ARTICLE XI-EFFECTIVE DATE

This C'odet shall become effective on the tenth day a fter its approval
by the President.
Appjrovedl Code No. 310i.
Registry No. 13254)5.




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