Code of fair competition for the candle manufacturing industry and the beeswax bleachers and refiners industry as approv...

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Material Information

Title:
Code of fair competition for the candle manufacturing industry and the beeswax bleachers and refiners industry as approved on February 20, 1934
Portion of title:
Candle manufacturing industry and the beeswax bleachers and refiners industry
Physical Description:
p. 243-256 : ; 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:
Candle industry -- Law and legislation -- United States   ( lcsh )
Beeswax industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 625-01."
General Note:
"Approved Code No. 302."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004943066
oclc - 63654811
System ID:
AA00006697:00001

Full Text

































WE~ DO QUR PART
UNIV. OF FL US1.




U.S. 95P61ORTO


Approved Code No. 302


Registry No. 625--01


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1934

For sarle by the Superintendent of Documents, WaPshington, D.C. Price 5 cents


NATIONAL RECOV'ERYI ADMlINISTRATION


CODE OF FAIR COMPETITION



CANDLE MANUFACTURING

INDUSTRY



BEESWAX BLEACHERS AND

REFINERS INDUSTRY

AS APPROVED ON FEBRUARY 20, 1984

























This publication is for sale by the Superintendent of Dos_~unwniss Goverrunmnt
Printing Office, Washingrton, D).C., and by district oflices of the Bureau of Foreign
and D~omestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Alai.: 257 Fe~deral Building.
Boston, da~ss.: 1801 Customhouse.
Buffal, N.Y.: Chamber of Commerce Building.
Chlarleston. S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamzber of Commerce Buildling.
D~etroit, Mlich.: 801 Fir~st N~ational Bank B3uibtlingb.
Houston, Tex.: Chamber of Commlerce Building.
Indianapolis, Ind.: Chamber of Comzmerce Building.
JackIsonville, Fla.: Chamber of Comumerce Building.
K~ansas City, MYo.: 1028 B~altim~ore Avenue.
Los Alngeles, Calif.: 1163 South Broadway.
L~ouisville, Ky.: 4083 Federal Building.
Memphis, Trenn.: 220Federal Building.
Mlinneapolis, Mlinn.: 213 Federal Buildling.
New Orleants, La.: Room. 225-A, Onartohouse.
NewoP Y2ork, N.Y.: 734 Customhouse.
Norfolk, Va.: 400 East Plume Street.
Phlilurdelplhin. Pa.: 422 Comnmercial Trust Bulilding.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portlanld, Oreg~.: 215 New Post Offilee Building.
St. Louis, Mo.: 506 Olive Street.
San Franc~isco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Fedleral Office Buildinlg.














Approved Code No. 302


CODE OF FAI1R COMPETITI[ION
FOR THE

CANDLE M'~ANUFAICTURINGT INJDUST R Y AND)
TH~E BEESWAX BLEACH]ERS AN\D IR]EFINIERS
INDUSTRY

As Approved on February 20, 1934


ORDER

APPROV\INGJ COD)E OF FAIR COMPETITION FOR THE CANTDLE: NANUFAC-
TUrRINGC INDUSTRY AND THE BEESWAx: BLEACHERnS AND REFINERS
IN DrSTR Y
An application having been duly made pur~suant to an~d in full
compliance with thle provisions of Title I: of the Nation~al Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Candle Manufacturing Industry and the
Beesw~ax BleachersP andl RePfiners Indulst~Lry, and hen~aring havingr been
duly hleldl threonl and the anlnexedl report on said Code, contfaining
findings with~ respect th~ereto, haingl~ been made and directed to the
President:
NOW, TH-EIREFORE, on behalf of the 1President of the United
States, I, Hugh S. Johnson, Admlinis~tr~ator for Industrial REecovery,
pursuan"t to authority vested in me by Executive Orders of the Presi-
dent, including Executi-e. Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said ann~exed
report and do find that said Code complies in all respects wFCith the
pert~inenlt provisions and will promote the policy and purposes of
said Title of said Act; and do her~eby3 or~der that said Code of ]Fair
Competition be and it is thereby approved.
Huou S. JoHNwsN,
Admlinriisti~rator for Inidustfmrl R~ecovery.
Appr)'ova"l r~ecommended :
GEO. L. BERRY,
Division Administratlor.
11'ASHINGTON, D.C.,
Fiebruary k30, -1934.~
41700"- --376--115----34 (243)













REPORT: TO TP'H[E PRESIDENT


T'he PRESIDENT,
Tlhyie WVhite Hounse.
SmR: A Public H~earing on the Code of Fiiair Com~petit~ion for t~he
Candle Manufacturing Industry and the Beeswax~ Bleachers and
Refiner~s Industry, submitted by the Candle Ma~nufactureris' Asso-
ciation, and the Anlrican BeeswaxJ Bleachecrs and Refiners Associa-
tion, located at 19 West 44th. Street, New Y~ork, N.YI., was conducted
in Washington on the 22nd of N~ovem~ber, 103~3, in. accordance with
the provisions of the Nationaal In-dustrial Recovery Act. These
Associations claim, to represent 90 per cent of th~e Industries.
The~ maximum hours perm~itte~d under this Code are fort y (4l0)
hours per week; excepted, however, are watchmelcn who shall be per-
mitted to work an average of forty two (42) hocur~s per week. Ex-
cepted also from, this provisions are persons emlployecd in, a mnag~erial
or executive capacityT who receive not less than thfirty fiveC~ ($:35.00)
dollars per week, commrcial travetling salesmlen, employees engaged
in emergency maintenance or emergency repair wrorkr, but it is p~ro-
vided that all such, employees engfaged in emergency workr shall be
comnpenlsated at the rate of time and one third their normal rate of
pay for all hours worked in excess of fortyv (40) hours per week or
eight (8) hours in any twenty four (24) hour period.
The minimum wage is forty cents (4~04) per hour; ecl~eptedl, how-
ever, are employees engaged m light and non-hazzrrdouls occupations
of the wicking, finishing and packaging departmnents wBho shall not
be paid less than at the rate of thirty cents (300s) per hourll. I~t is also
provided that there shall be Ino dliscr~imination1 in rates of p~ay by
reason of sex.
Wage earner em~ploymelnt declined 8.7 per cent from 19;'9 to 1931.
The Inge~st decrline. occurred during t~he months of Januar an D
comlber. For example, wage earner employment dulringa th mnt
o-f Jan lua y was 13.0 per cent below the sa me month in 1929, while
De1~cember was 13.6 per cent lower. The decline wpas quite irregular
thlrougrhout the year, ranging from~ a decline, of 2.1 per cent in June
to 13.6 per cent in December under the respective months of 1929.
July w~as th~e month of miiinimum emp~loymlent durincy bothi 1929 and
19:31, while November and ~March were the mornths 07f maximuml eml-
ploySment for the respectivTe years.
On the bas~iis of a 40-hour week, 107f wage enlrnerls shoulld benefit
through51 ree~lI -lnlmplomnt., placing mrIor~e w\age earers onr the p~ayroclll
than were empllloyed during 1929.
Thle -value of ~colmmodliities pr~ouelr d byf these~i indlust~ris aggr~legated,
duringl 1929, app~lrox~imatly~el $6;,686,194. Drn 91 rdc au
declinacl 1t9.3 per cen ullder the 19219 total, or to approximatelyy

(2414)






245i


FINDINGZ`S

The Deputy Administrator in his final report to me on said Code
havinga found as herein set forth and on the basis; of all the prc~l-eedl-
ings in this mnatter;
I find that---
(a) Said Code is well designled to p'romnote the policies and pur-
poses of Title -I of the Nat~ionlal Industrial Recover~ly Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which. tend to dimin~ish~ the amount thereof and will pro-
vide for the general welfare by prompt ilgr the organization of in-
duls~try for the purprose of cooperative action among the trade gr'oups,'
by inducing and maintaining united nation of labor and ma!nage-
mlent under adequate gove~Irlnmentn] sanctions and supervision, by
eliminatinga unfair competitive practices, by promoting the fullest
possible utilization of the present productive capaceityr of industries,
by avoiding undue restriction of production (except as may be tem-
por~arily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, byJJ re-
ducing and relieving unemployment, by improvinga standards of
Inbor, and by otherwise rehabilitatilgr Industry.
(b) Said Industries normally emlplov? not more than 50,000 emu-
ployees; and are not classified by me as major industries.
(c) The Code as approved complies in all resipec~ts with the per-
tinent provisions of said Title of said Act, including w~ith~olt~ limita,-
tion Subsection (a) of Section 3, S-ubsection (a) of Sc~ction 7, and
Scubsect~ion (b) of Section 10 thereof; and that the applicant asso-
ciations are indlustrial associations truly recpr~esenl~tate of the afore-
said Industries; and that said Associaitlonls impose no inequitable re-
strictions on admiission to mem~bershiip therein.
(d) T'he Code is not designed to and will not permit monopolies
or m~ono~polist~ic practices.
(e) The Code is not designed to andl will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economicc process have not
been deprived of the right to be heard prior to app~r~oval1 of said Code.
These ]Industries have cooperanted2 in a most satisfactory manner
with the Aidministrator in the preparation of this Code. From evi-
dence adduced during this hearing and fr~oml recommendations and
reports of the various Advisory Boards it is believed that this Code
as now proposed and revised represents an effective, practical, equi-
table solution for these Industries and for these reasons this Code has
been approved.
Respect fulIly,
Huanc S. JoHNSON,
A dm1 Eeinitrator.
FEBRUA.-RY 20. 1984













CODE O1F FiAIR COMPETITION FOR THE CANDLE
MANUFACTURING INDUSTRY AND THE BEESWVAX
BLEACHERS AND REFICNE~RS INDUSTRY

AIIREmCL IA 1-FRPOSEGS

To effectuate the policies of Title I: of the NJat~ionaf I~ndustrial
Recovery Act, this Code is established as a Code~ of F'air Competi-
tion for the Candle M~lanufact~uring Industry and the Beeswax
Bleachers and Rtefiners Industry, and its provisions shall be the
standards of fair competition for such industries and shall be bind-
ing upon every member t~hereof.
ARTICLE II---DEFINITIONS

SECTION 1.~ The term Candle M~anufactur~ing Industry" as used
herein includes the ma-nufac~ture and sale by manufacturers ofl
en ndles.
SECTION 2. The term. Beeswax Bleachers and Refiners Industry "'
as used herein includes the bleaching, refininga anld marketing by
bleachers and refiners of beeswax in the Unmited States.
SECTION 3. The term. "member of the industries includes an
indivPidual, partnership, association, corporation, or other persn
engaged in the Candle Mlanufacturing Indulst~ry or the Beeswax
]Bleachers and Refiners Industry, either as an employer or on his or
its ownr behalf.
SECTION 4. Trhe term employee "' as used herein includes an and
all persons engaged in thfe industries, however comnpensated, erc~ept
a member of thne industries.
SECTION 5. The term "' employer as used hereinl includes any per-
son. by or for whom such employee is engag~ed.
SECTION 6j. Thre terms "Act and "AhdministLrator as used herein
shall mean respectively Title I of the National Industrial Recovery
ALct, and the Administrator for I~ndustrial Rccovery.
Annor III~-Hou~nis

SEcTION~ i. NJO person engaged in clerical or office work shaUl be
petrmitt~ed to work in excess of forty (40) hlours per week averaged
over a two (2) w~eek period.
SECTIoN 2. Nlio truck man, engineer or fireman shall be permitted to
work in exce~ss of eig~hty (80) hours in any two (2) week period.
S!:cTrow 3. Wtatchmen, when employed in pairs, shall not be per-
mitted to w~ork- in excess of thirt~y-six: (36) hlours per week~ and forty-
ei(*ht (-lS) houllrs per week in alternaute weeks, or whean emlployecd
singly*S, anl avcrag~e of forty-two (42) htour~s per w-eek.
(246t)







247


SECTION 4. NO outside emp~loy'ee ellngaged in bleachiinga beeswax
shall be permitted to workr in excess of forty (40) hours in any one
week averaged over a three (3) months' period.
SECTION 5. Nlio other employees excetpt, as helcreinfterl sp~ecified~
shall be~ permitted to work in excess of forty (40) hours in any one
week, or in excess of eight~1 (8) hours in any twenty-four (24) hour
period.
SEC ION 6. T'he provisions of this Article shall not apply to per-
sons employed in a malnagnerial or executive capacity who receive not
less t~hun ~tjhirty-five dollars ($35.00) per week, nor to c~ommenrda;l
t~raveling salesmen~, her' to employees engaged in emergen~elcy\ manin-
tenance or emergency repair work, providedl, however, that all such
employees enggred2 in emergency work shall be compe~llntae d at thze
rate of time and one-third their normal rate of pay for all hlour~s
w\Torked ini excess of forty (40) hours per week or eight (8) hours in
any twenty-four (24) hour period.
SECTION 7. NJo employee shall knowing~ly be permrlittedt to work: for
a total numnber of hours in excess of the number of hours prescribed
her~ein, wcphether he be employed by one or more employers.
ARrICLE IV- AGES

SECTION 1. No employee shall be paid less than at thle rate of forty
cents (40 ) per hour, exrcept emplooyees eng~agedl in. light andi non-
hazardous occupations of the wicking, finitshingg and packraing
departments who shall not be~ paid less than at the rate of thirty
cents (310 ) per hour.
SECTION 2. There shall be no discrimination in, rates of pay by
reason of sexr, and where in any case female employees perform sub-
stantiallyg the, same work as male employees they shall receive the
sam~e rate of compensation as male employees, and where they dis-
place men, they shall receive the same rate of compensation as wvas
paidl to the men they displace. The Code APluthnority shall w~i'thin
ninety (90) days after the effective date of this Code file with the
Administrator a description of all occupantions in the industries in
whnichi both men and women are employed.
SECTION 3. This Article? establi-hes a mlinimmnlll rate of pay which
shall apply, irrespective of w~hethler an emlplo-ee, is actually c~ompen-
sated on time rate, piece~-work performa1nnce,, or oth~er basis.
SECTION 4. It is the policy of the members of these industries to
refrain from reducing tlhe compensation for employ~l~men which com-
p'ensation was prior to June 16, 1933, in excess of thle minimum wag"be
herein set forth, notwrithstanding that the hours of work in such
employment may be reduced; and, unless since such date slc~h alj ust-
mlents hav\e been made, all members of these industries shall endeavor
to increase, the pay of all emuployees in excess of the! mlinimum wngre,
as hlerein set forth, by an equitable. adjustment of all pay schledules.
Within thirty (30) dlays after the effective date of this Code such
ad'justments madle since June 16i, 1933, shall be reported to the Code
~AuLthority.
SECTION 5. A p~er'SOn whose earning capacity is limlitedl because of
nge or phy!sion11 or mental hlanlic~ap may be emiployedl on light workl
at a wage below the mlinimuml establis'hed by this Code if the e~m-






248


ployer obtains fromn the State Authority designated by the United
States Department of Ltabor a certificate author zing his 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 himt.
ARTICLE, V- -ENERAPL L;Bnon IPnovraIons
SECTION 1. _No person under sixteen (16 yers of age shall be em-
ployed in the industries. No person unde eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ouls in nature or dangerous to health. TIhe C~ode Authority shall
submlit to the Adlministrat.or for approval within six (6) months
after the~t effective date of this Code a list of such operations or occu-
pations. In any State an employer shall be deemed to have com-
plied with this provision as to age if he shall have on file a certificate
or permit duly signed by the ALuthority in. suchL State empowered to
issue employment or age certificates or permits showing that the
employee is of the required age.
SCECtrow 2. Nlio manufacturer of the products of these industries
shall cause or permit any part of the work of the production. of: his
products to be performed at any place other thanl his or its factory
premises or those of another manufacturer.
SECTION 3. In comnplianlce withn Section 7 (a) of the ~ALct it is pro-
vPided:
(a) T~hat employees shall have thie right to organize and bargain
collectively, through representatives of their own choosing, 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 se~lf-organizatlon or in other concerted activPities f~or the purpose
of conll~c~tive bargaining or ot~her mutual aid or protection.
(b) That nlo employee, and no one seeking employment shall be
required as a condition of employment to join anly company union
or to recfrain from oining, orgamizmg, or assisting a labor orgamiza-
tion of his own chioosmng, and
(c) T1hat employers shall comply with the maxmu hours of
labor, minimum ratesF of psy, and other conditions of employment
proved or prescribed by thePresident
SEcTIO-N 4. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge for the
purpose of defeating the provisions or purposes of the Act or of this
Code.
SECTION 5. No provisions in this Code shall supersede any State
or Eederal lawFp wh'ich imposes on employers more~t stringent require-
menlts as to aget of employees, wages, hours of workr, or as to safety,
health, sanitar~y or general working conditions than are imposed by
this Code.
Sucrrow 6. I~f any emp~loye~r is also an emlployerl in another industry
the 1provisio~n s of this C~ode shall apply to and affet"~ only that part
of hIs~ business which is included m th indlustiris cov-ered by this
Cod~e.
SIcrwx~o 7. All emlployers shall post andir keep posted completed
cop~lies of theC ~age andlr houi anid general 1f(la provisions of this
Codeo in co~nspic llnos places accessible to all employees.






249


Aatroma VI-O-CB(eNosZaro, POWERS AND DUTIES OF" THEE CODE1
AurnTourrrT ORGANIZATION
SECTION 1. A Code Acuthority is hereby established to cooperate
with the Administra~tor in the administration of this Code, and
shall consist of nine (9) members to be chosen by the industries
as hereinafter provided through a fair method of selection approved
by the Administrator. The Administrator, in his. discrettion, m~ay
appoint not more than three additional members, without vote and
without compensation from the industry, to serve for suchn period of
time and to represent the Administrantor, or such group of groups,
as he mnay designate.
SECTION 2. The industry3 members of the Code Authority shall be
chosen as follows: Fiive members who shall be chosen by the Candle
MSanufacturers A~ssociation, three members wpho shall be chosen by
the Amnerican. Beeswax Bleachers and Refiners Association. Thlere
shall also be one additional member without vote, who shall be the
business manager of the Candle 1\fanufacturers A~ssociatioon and who
shall be the Secretary of the Code Authority. The members of
these~ respective industries so chosen shall be the sole Code Aulthorit~y
for the administration and enforcement of this Code as concerns their
respective industries.
S~EarlON 3. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall impose no equitable restrictions onl membership, and
shall submit to the Akdmmnistrator true copies of its articles of
association, by-laws, regulations, and any amnendmnents when made
thereto, together with such other information as to mnemibership, or-
ganization, and activities as the Admuinistr~ato m~ay deem necessary
to effectuate the~ purposes of the ACct.
SECTION 4. In order that the Code Authority shall at all times be
truly representative of the industries and in other respects comply
with the provisions of the ALct, the Admlninist~trato mnay prescribe
such hearings as he may deem proper; and if he shall find that the
Code Authority is nlot truly representative or does not i~n other re-
spects comply with the provisions of the Act, he masy take such
action as he may deem necessary under thse circumnstances.
SECTION 5. No inequlita8ble restrictions on admission to member-
ship in thle Candle M~anufacturers' Association or the American
Beeswax Bleachers and Refiners ~Association or any other trade
association or organized group, participating mn the activities of the
Code Authlority shall bez imposed, and any member of thre industries
shall be, eligible for membership in any such trade association or
organized group ulpon compliance with t~he provisions of the by-laws
relating to membership, provided that any person applying for such
memberships shall, in addition t~o the payment of such dues as are
implosed upon and paid by all other members, accept a reasonable
and equitable share of the cost of code admlinistr~ation. Such mem-
bers of the industries who do not choose to become mlemblers of any
trade association or orgaanized group may participate in the activities
of th~e Code Authlorit~y as herein provided by paying to the Code
Authority such proportionate part of the cost of code administration
as the Codce Authority, subject to the Adlministrnt~or's approval, shall
prescribe as fair and eqtuitable.






250


SECTION 6. NJothino-r contained in this Code shall constitute the
memb~ers of the Clode Auth~or~ity partners for any purpose. Nor
shall any members of the Code Authority be liable in any manner to
anyone or an~y act of anly other m~em~ber, officer, agent or employee
of the Code Author~ity exercising reasonable diligrence in the conduct
of his dutities hereunder, nor be liable to anyone for any action or
emission to act under the Code, except for h~is ow~n willful misfeasance
or nlonlfenncellC.
SECTION 7. The Colde A-uthority sh-all have the fulrthler powers and
duties to the extent permllittel by- ther Act.
(a) To admlinister the provisions of this Code, provide for the
compllianlce of the industries with the pr?1ovisions of the Act and to
propose anrd submit to thne Adlministrator its recommendations for
amendments and/or modlifi-ntionls of the Code, which~ shall become
effective as a part of this Code upon approval by;! the Admninistr~ator,
after sulchl notice and hearing as he may specify.
(b) To adopt by-laws and rules and regulations for its procedure
andc for thne admilnisttratin and enforcement of the Code.
(c) T'o obtain fromt members of the indtustr~ies through the Secre-
tary, such information and reports as are required for the adminis-
tration of the Code anrd to provide for submiissionl by members of such
information~ and reports as the Adminillstrator may dleem necessary
for the pu~rposes recited in Section 3 (a;) of the Act, which informa-
tion and reports shall be submitted by mlember~s to such administra-
tive and/or government agencies as the Adminlistrator may desig-
nate; pr'ov'ided, that nothing in this Code. shall relieve any member
of the industries of any existing obligations to furnish reports to any
government, agency. N~o individual reports shall be disclosed to any
member of the industries or any other party exceept to such govern-
mlentail agenel'es as may be direc~ted by the Adc~minis;trator.. All indi-
virullR reports made to the Code Authlority shall be sent to its Secre-
tary and shall be kept c~onthletntiaIl by him as to membrs of the
ind-ustr~ies and only glernerl summarie~is thelreof may be published.
(d.) T~o make recommendations to the Administr~ator for thle
enordl~tination of the administlratio-n of this Code wcith sulch other
Ccodes.~ if anyl, or maly be reclated~ to the indus~trie~s.
(e) T'o designalte the Candle Mllanulfa1 ~1cture' Alssc~ciation as anl
mney~lc~ of the C~od~e A~uthlority for nIdminlisterinilg. suiperv-ising and
promo'''ting~ the per~lformalnIc~e of the plrov.isions~i of thliS Code~ applying
to the Candllef IAllanulcflturin Industryllfl'. and to lje-~ignate thie Amneri-


perclfoIrmancl(e of~ the prov\i ionsr l of this (_code~ app11~ilyin to thle Be~eswfax
nIen;chler~s and ReZlfine~rs Indusrtry-, or to user any~ other .trol;e assoclia-
tion or agecncy as it, d'eems~ p'roper'. for thc c'nMryrying out of any1 of its
reclieve thie Colie Au1thIo rityr of its dulties or I~lrlrlonibiliti es~ uInder this

times,. he .-nhject to and (.ompllly w\ithl the prov\.ji(ions he'lref.

CookI. and lo'r partic~ipate in the na1tiv-ities of the Codc Au rtho~rity suichl







251


the Code Authority as mlay be de~ter~mined by the Code Authority
and approved by the Admninistrator.
(g) T'o cooperate with the Administ~rator in regulating the use of
any N.R.A. Insignia solely by those members of the industries who
have assented to, and are complying with, this Code.
SECTION 8. I~f the Atldministrator shall determine that any action
of a Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administr~ator may require
that such action be suspended to afford an opportunity for mvrestiga-
tion ofe the merits of such action and further consideration, by suchi
Code Authority or agency pending final action which shall not be
effltective unless the Administrator approves or unless he shall fail
to d isa pp rove after thirty (30) days' notice to him of intention to
proceed with such action, in its original or modified form.
Analozz VII--TRaDE PRACTICE RULES

F~or all purposes of the Code the acts described in this Article
Shall constitute unfair practices. Any member of the industries who
shall directly, or indir~ectly through an~y officer, employee, agent or
representative, knowingly use, employ, or permit to be employed, any
of such unfair practices shall be guilty of a violation of the Code.
SECTION 1. NO member of the ind-ustries shall use advertising
(whether printed, radio, display or of any other nature) or other
representation which is inaccurate inl any material particular or in
any way misrepresent any commodity, (including its use, trade-mark,
rde, quality., qluntityS, origin, size, substance, chalracter, nature,
finh, material, content or preparation) or credit te1rms, values,
policies, services, or the nature or form, o~f the business conducted.
SECTION 2. N1o member of the industries shall withhold from or
insert in anly quotations or invoice any statement that makes it,
inaccurate in. any material particular.
SECTION 3. No member of the industries shall brand or mark or
pakany product of the industries in any manner which tends to
deceive or mislead purchasers with respect to the brand, grade
quality, quanltity, origin, size, material, content or pre~paration o'
such commodity.
SECTON 4. No member of the industries shall publish advertising
or other r~epresentation which refers inaccurately in any material par-
titcular to a~ny competitors or their commodities, prices, values, credit
erms, pohlces or se~rvices.
SECTION 5. No member of the industries shall publish or cir-
cularize unjustified or unwarranted threats of legal proceedings
which tend to or have the effect of harassing competitors or intimi-
dating their customers.
SECTION 6. NO Ulember of the industries shall secretly offer or
make any~ payment or allowance of a rebate, refund, commssion,
credit, unearned discount or excess allowance, -whether in the form
of money or otherwise, for the purpose of influencing a sale, nor
shall a member secret~ly- extend to any cu~stomer anly special service
or privilege not extended to all customers of the same class.
SECTTION '7. No member of the industries shall ship or deliver any
product of these industries, on consignment, or by any transactioix






252

other than a sale,? except wiith the a~lpproval of the Code Authority,
or the Administrator.I
SECTIow 8. No miember of the industries shall give, permit to be
givcn. or diltrectly offer to give, anything of value for the purpose
of influencing or rewarding the action of any employee, agent or
represjelntative of another in relation to the business of the employer
of sulch employee, the prinlcipal of such agent or the represented
party, without the knowrledlge of such employer, principal or party.
CommllercinI bribery provisions shall not be construled to prohibit
free and general distribution of articles commonlly used for advertis-
ing except so far as such articles are actually used for commercial
bribery as her~einabove defined.
1SECTIoN 9. NJo member of the indlustries shall atempt to induce the
blreach of an existing contract; between a competitor andl his customer
or source of supply; nor shall any suchn member interfere with or
obstruct the per~forma~nce of such contractual relations.
SECTION 10. Nog member of the industries shall provide the services
of any sales person to any purchaser inl connection writh t~he sale of
an~y product, unless fair compensation for such service is charged.
SECTION 11. ITNO member of the industries shall cancel in whole or
in pa" rt, or permit the cancellation in whole or in part of any contract
for sale of any product of the industries except for fair c~onsidera-
tion, or byj mutual consent, or by treating a breach of such contract
as cancellation thereof ; nor allowFP toanpucseinonctn
with thne sale of any product a credit~n discount or conessionno
specified ini thle contract of sale.
SECTION 12. No member of t~he industries shall secure or attempt
to secure confidential information concerning thre business of a coma-
petitor by a false or misleading statement or representation, by a
false imlper~sonlaton of one in authority, or byT bribery or by any other
unlfalir method.
SECTION li. ~NO .membller of the industries shall aid or abet any
person, firmn, association or cor~poration in. any unfair trade practice
prohlibitedr by this Code.
SECTION 14. No member of the indutllctries shall make or give to
anly purchaser of any products of thes~ industriess a guarantee or pro-
tection in any form agarinit decclinle in the market price of such
products.
STECTION 15. N~Jo member of the indusitr~ies shall mialiciou~sly entice
atny empnloyee of a comlpetitor from his em ploymelln t with the purpose
or effcc.t of~ i n juri n or emba~l ~ rras i ng sulch competitor in his buisiness.
Nlothling herePin shall pr,'even`t any employees froml offering hlis serv~ices
to a comrlpetitor,l or prevencit any mlembehr fro~m emploving anl emplloyvee
of anlo~ther Iniember whellre the initiative in such changes of mplll~Oy-
Inient comes~ fr~om the emplloyere.
SECiTION 16. PNO nl10mber Of the inldustrie~s hall makle anV donat lon.
gift, advrlitising Iubrcriptioi n or gratu~ity mn connection wi;th the sale
ofany p'''rodct of these induitr~ies or as an inducemnent thereto.
NIoth11i ngcontained~ hecrein shall1 prohibit the free andl general dlistri-
buitio~n of articles used~ solely for advecrtising, no~r 51hall anyithiing in
this section be constjf'Lrue to alter' th~e prloviid~ns of Sectionl 8 of thisj
Article.







253


SECTION 17. NO member of thne Candle Mnu~n~ factu~~i r in Industrly
shall sell any product of that industry, except as specifically provided
in Section 18 of thisu Article, on terms of sale more favorable than
2%0, ten days E.O.M.
SIECTION 18. No member of the Candle: Mianulfacturingr Industry
shall sell votie. candles, votive lights or Sanc~tuarly enhaleslt, other
than candlemas order, on terms of sale more favorable, than 2%r cash
discount, ten days, ninety days net. Candllemnl~s terms shall be net
anid shall include full year's requirements.
SECTION 19. N~o member of these indlusjtrie shall perm'liit anly buyer
to return any merchandise which has b~een in the buy\er's hands for
more thann ten (10) days, when the agreement of sale is fully per-
formd byv such member.
SECTION f20. No member of the Candle Mannufactu~ring Industry in
the Church Candle Field shall give any cash or mnel~lrlchise reba~tes
in any form. The free distribution of Paschal Candles, Triples,
Votive Stands, Glasses, or other free mer~chandiise as premiumns or
otherwise, shall be dliscontinuled.
SECTION 21. NO mnemb~er of the Candle Manufactur~ingr Industry
shall malkel any advertising donations to any onle candle account in
excess of the value of five dollars ($5.00) per year. ~Authzority to
make such donations shall not be d~elegatedl to salesmen but shall be
retained by sales executives.
SECTION 22. NO Blember of the Candle Manulfact~uring Industry
shall sell any7 candles other than firsts." No "L seconds shall be
sold. "
SEC'TION 23. NO miembher of the Beeswax Bleachers and Re~finers
Industry shall sell or offer for sale any product of that indlustryI
other than 100%~ pure beeswax, bleached or refined, unless such prod-
-uct is labeled in a conspicuous manner as a composition wax.
SIECTION 24. N~o member of the Beeswax Bleachers anld Refiners
Industry shall sell any products of that industry on terms of sale
.more favorable that one per cent (1%/), ten days, E.O.MT.
SECTION 25. No member of these industries shall sell or offer for
sale any products of these industries at a price lower or on terms
more favorable than those which he has currently on file with the
Code Authority as provided for in Article IX of this Code.
~AnrIci VIII -PRODUCTT115 CAPACITYI

Based on conditions in these indu~stries and in this period of emer-
gency and to effectuate the operation and provisions alnd policy of
the NSat~ional Indlust~rial ]Recovery ALct;, the following regulations are
established :
SECTION 1. No person. engaged in these industries or for the pur-
pose of eng~agmng in these industries shall purchase, mnanufaacture,
lease or otherwise obtain or use? productive machinery nlot owned,
leased, or otherwise held by such person prior to the effective date of
this Code, except by applying to the Code Authority and obtaining
per~mi sion of the Adlministrtator upon his findings that the gr~anting
of such permlissionl is consistent with effectuating the policy of the
National Industrial Recovery Act; but nothing contained her~ein
shanll be constr~ued to prevent the replacement by a member of these






2541

indusltr~ies of productive mnachinery of equal productive capacity
exsistingr on the effective da~te of this Code or the transfer of produc-
tive ma~chfinerly from one mranufacturer to another person provided
sam~-e was in use prior to the effective date of this Code, and provided
further that such trans.ifer does not hlave the effect of creating addi-
tional prlodlucltive mach~inery within the .indust~ries.
SEcTION 2. BO Dimclber of the Candle Mlanufacturing Industry~
shall engagLe ini the mzanufacture in any of the three recognized field
of prodluctionl, namely, fancy candles, chIurch candles including votive
lights, or onuinoni and house-hlold candles if hie has not engaged in
that field at some timle during the period, of two years immediately
prior to thle effective date of this Code, except by applying to the
Code Authority and obtaining permission of t~he A9dmmlistrator upon
his finding that t~he granting of such permlission is consistent with
effecl.tuating~ the policy of the National Industrial Recovery Act.
SECTION. 3. TIhe pr~ovision s of this article shall ceasei to be effective
on the expi~ation. of one year from the effective dante of this Code,
.providedl, however, that prior to that time thne Code Authority may
submit to th~e Admninist rator its recommendation that said period be
exteldedl, basedl on sulchl information as may be required and if the
Admninistr~ator finds upon such information and facts that a further
extension of this period is consistent with and further effectuates the
policy of the NIational Indlustrial Recovery Act, he may declare the
provisions of this article to be o~perativ-e for such longer period and
under such con~ditiorns as he may fCind necessary to furt~her effectuate
the policy last herein mentioned.
ARTICLZE IX--OPEN PRICE SCHIEDUIC

SECTION. 1. ]Each mn~llembe of the industries shall, within ten (0
dlays after the! effective date of this Code, file wfith the. Code Authr
ity, his net. price lists, or price lists and discount sheets, as the case
mlay be, individually prepared by himll, showing his current prices,
or pr'ic~es and d'iscounits thenl in effect, or to be chlargedl for all grades
andc hiindsi of products of thle inldustries to be sold,. or offered for sale
to deralers~, agents and cronsumlners by such mlemnbe -togethler with all
tlernils and condition lols at which he proposes to sell, and such lists shall
becomell effectifve immediately upon thle date filed with the Code
Aiuthorityr (i.e. ne~tual7 receipt by the Clode Authority), or sixty (60))
days after the effec~tive clate of this Code. they shall become effective
a~fter such per~iodl of time as shall thereafter be established by the Code
Authlority w\ithi the apprioval of the Admiinistrator.
SECTIION 2l. Rievjised price! lists, or revised price lists andi discount
5heets, lany be filedl wIith the Codle Aulthorit~y at anyS time thereafter,
byv anyT member,~C1 to beco~nw effective inuinedliate~ly up~on thle daRtec filed
with the Codte Authiority (in.e. ntual Ireceipt by the Code Authority),
or sixty (6j0) days after1 the effective date of this Code, they shall
bccomle effrc~tive after such pe~riodl of time as shall thereafter be
establishedl by thle Codel l Aulthority withl the approval of the

SECTIoN 3,U. cl 17MI FOUl'ipt fromtl RD/ Illelliller' of ~th indust~ries of
aniy originall or recvi~cr ed pi(.e lists, d~iC', lfS count. trS or conditionS, the







255


Code Author~ity shall inmmedlitely make the same available to any
member of the industries and to any other inltereseted~ party upon
requst terefr. he original price lists failed by rqeachS membsero
the inldust~ries shall be numbered one, and all subqunlreie
price lists or' changes shall be numlberedl serially-.
SECTION 4. If, at any t ime, the Code Authority shall find that any
price lists submitted by an individual member of the industries
represent sales belowv cost as prohibited by Article X of this Code,
the Code Authlor~iy m~ay require such member to furnishl a detailed
analysis, shlowing howp such costs were determined, and if the Code
Authority feels, after the submission of such analysis that the price
lists represent figulres below cost, as defined in this Code, it may
present the same to the Administrator for appropriate action.
SIECTION 5. The requirements of this Article shall apply only to
pFroducts sold, or offered for sale to customers located in the Umted
States and its poss~~essions.
AuRICLE X-SALES BELOWV COST

SECTION 1 The Code Authority shall set up adeqluate cost systems
capable of uniform application within the industries, which, when
approved by the Administ~rator, shall. be used, by all members of the
industries as a basis for proving or determnining cost of products of
these industries. Thereafter, the Code Authority shall formulate
and present for the approval of the Admninistrantor a definition of
the term representative mlember of thne industriess" After approval
of this definition no member of the industries shall sell or offer to sell
any products below the lowest cost of any reprlesentative member
of these industries as dleter~minedc- by the Code ~Authority and
approved by the Adminiistrator.
ARTICLE XI-INCIDENTAL nlSANITFACTURI PROCESSES

Any work or pr~ocess incidental to and carried on by a member at
his plant as a part of the manufacture of his products shall be
regarded as a part of these industries and shall be governed by the
provisions of this Code.
ASRTICLE XI[I--Montricarrow

SECTION 1. This Code and all the provisions thereof are exp~ressly
mad-e subject to the right of the PresidentC, in accordance with the
provisions of subl-section (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or
Ieregulation issued under the. A~ct.
SEC'TION 2. This Code, except, as to provisions required by thie Act,
may be moitlledec or nmended on the brasis of experience or changes in
cir~cumstances,1; such mrodi~fications or amendments to be based upon
application to the Adm~niis nitl-r tr and suchn notice and h~earincr s as he
shall sp~ec:ify, and to become etlective on approval of the PrEesidenlt
unless otherwise provided.




UIlVERSITY OF FLORIDA


256 3 1262 08850 4948

A nnO(LE XIII--ATONOPOIJES, ETC.

N~o provision of this Code shall be so applied as to permit monop-
olies or mnonopolistic~ prac~tice~s, or to eliminate, oppress, or discrim-
inate against small enlterprise~s.

ARTICLE XICV--EFFEC'TIVE DATE,

This Code shall become effective on the second l~Ionday after its
approval by the President.
Approved Code N(o. 302.
Regiutry No. 625W)1.