NATIONAL RECOVERY ADMIINISTRATION
CODE OF FAIR COMPETITION
COLD STORAGE. DOOR
UNIV. OF FL UBI.
For sale by the Superintendent of Documents, W'ashington, D.C. I = e Price 5 cents
Approved Code No. 479
Registry No. 1328--12
AS APPROVED ON JULY II, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superin tendent of D8ocuments, Government
Printing Office, Washington, D.C., andl by dirstrict otfices of the Bureau of
h foreign and D~omestic Commerce.
GISTIR:CT OFFICES OF THE DEPARTMENT OF COMM~ERCE
Atlanta, Ga.: 504 Fost Office Building.
Firmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
E11Hilo, N.Y.: Chamber of Commerce Building,
Charleston, S.C.: Cla~mber of Commerce Buildling.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Datllats, Tex.: Chamber of Commerece Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Comnmeree Building.
Indiantapolis, Ind.: Chamnber of Commnerce Building.
Jacksonville, Fla.: Chamuber of Commoetrce Building.
Kansas City, Mo.: 1028 Balitimore Avenue.
Los Angeles, Callif.: 1163 South Broadway.
Louisville, Ky.: 408 F'ederal Building.
Memphis, Tenn.: 229 F~ederal Building.
Minneapolis, Mlinn.: 213 F'ederal Building.
N~ew Orleans, La.: Room 225i-A, Customhouse.
New York, N.Y.: 734 Customnhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Comnmercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
st. Louis, Mo.: 506 Oli~ve Street.
San Francisco, Cralif.: 310 Customhouse.
Seattle, Wash.: 809 F~ederal Office Building.
Approved Code No. 479
CODE OF FAIIR COMPETITION
COLD TOAG DOO1R M]ANt~UIFACTURING
As Approved on July 11, 1934
~APrrovrws CODE OF FAIR COMPETITION FOR THE COLD STORAGE DOOR
An application having been duly made pulrsuant to and in full
compliance with the provisions of T~itle I: of the National Industrial
R~ecov-ery) ~Act, approved June 16, 1933, for approval of the Code of
F~air Competition for the Cold Storage Door Mannufa8ctur~ingr Indus-
try, and hearings having been duly held thereon and the annexed
report on said Code, containing findings: with respect thereto, having
been made and ;directed to the President:
NOW~, THEREF'ORE, on behalf of the President of the United
States, I, Hugh S. Johnson, AIdministrator for Industrial Recovery,
pursuant to authority vested in me by Execut~ive Orders of the ]Presi-
dent, including Eec~utive Order No. 6543-A, date~d December 30,
1933, and otherw~ise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the per~tine~nt provisions and will promote the policy and purposes
of solid Title of said Act, and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
the pr~ovisions of Article ~VII, insofar as they prescribe a waiting
period between the filing with the Code Author~it3 and the effective
date of price lists, as origmally filed and/or revised price lists or
revised terms and conditions of sale be and they hereby are stayed
spending my further Order; and, further provided, that the Trade
A~ssocia~tion p-ro~posing the Code revises its Constitution and By-Laws
Prior. to the election o~f the Code Authority to conform to the require-
rnent~s of the Nf~ational Recove~ry Administration.
HuanR S. JoHNsoN,
Adi-7niiistr~ator for Inidustriatl Recovery.
A p-provanl recommended:
BI2ARTON W. RrTURRA\Y,
Jul~y 11, 1934.
73191 0-8-29--43---34 1
REPORT TO TH-E: PRESIDENT
The WIhite Hou~se.
Smn: This is a report on the Code of F'air Comnpet~ition for the
Cold Storage D3oor Mannufacturing Industry, as r~evisedl after a
public hear~ing conducted inl Washington, D.C., on Jainuary 3, 10;34,
in accordancee w\ith thne provisions of Title I of the National Indlus-
trial Recover~y Act.
Prov~isions~ Of The Code As To H-ours, WCages and General Labor
1. This Code provides that no employee hlall lie. permitted to
work in excrss of forty (40) hours in any seven (7) day per~iod,
or more than eight (8) hours mn any twenty-f~our (24) hour period,
except as follows:
(a) No person employed~c in clerical or office w-or~k shall be per-
mitted to work in excess of eighlt (8) hours in any twenty-four
(24) hour per~iod.
(b) 1Employee~s e~ngagrd as truck drivers mayS be permitted to
work not in excess of forty-four (44) hours in any seven (7) day
periodZ or mlor~e than. nine (9) hours In. any twe~nty-foulr (24) hour
period; provided~t~ that at least one atnd one-half (~1/) times the nor-
mall rate of pay shall be paid for time worked in excess of forty
(40) hours in any seven (7) day period or in excess of eight (8)
hours in any twenty-four (24) hour period.
(c) Emnployees engaged as watchmen in mlanufacturinga plants
in operation mayT be permlittedl to work not in excess of ninety-six
(96i) hours in anly fourteen (14) day period.
(d) To provide for seasonal peaks, employees (other than those
engaged in clerical and office work and those engaged as t.ruck
drivers and watchmen in manufacturing plants in operation) may be
permit~tedr ton woark notl in excpcss of fortyv-eight (48) hours in any
sevren (7) day period in not mnore than six (6i) consecutive seven (7)
day periods of any six (6) months' period; provided, however, that
this tolerance shall nlot be permitted if seasonal dlema~nds canl be mlet
by the employment of additional employees, and further provided,
that at least one and one-half (1%/) times the normal rate of pay
shall be paidl for all time worked in exrcess of thle maxima provided
by Section (1) of Atrticle III of the Code.
(e) This Code exempts from hourly limitation traveing salesmen,
and persons employed in a managerial or executive capacity whoe
earn not less than thirty-fi~ve dollars ($35.00) per week andc emnployees
engaged in emeirge~ncyy ma1inteniancc e or emergency repair work in-
volving breakdowns or the p~rotc~t~ion of life or prolper~ty; proviledl,
'however, that in cases of emlergency maintenance or emergency repair
work, at least onre andl one~-half (1%L) times thle normal rate of pay
shall be paidl for all time worked in. excess of the maximruml hours
provided -by Secctio~n 1 of Article III of thle Code.
2. This Code also provides that no employees shall be permitted to
work more than six (6) days in anly seven (7) day period.
3. This Code establishes a mjilnmumn rate of payT of forty cents
($0.40) per hour except thant:
(a) persons employed in clerical or office worrk shall be paid not
less than at the rate of fifteen dollars ($15.00) per week, and
(b) the wage rates for apprentices (limited to not more that~n five
per cent (5%0) of the total number of employees engagedl in the
classification of wor~k in which they are employed, by any employer
in any calendan r month) shall be dePter~minel by collec~tive.i, rbargining.a
(c) office boys and1~ office girls under eighteen (18) years of age
limit-ed~ to nIot more than one (1) for each. tw-enty (20) clerical anrd
oil~ice employees employed by any one mlember of the industry in any
calendar monthmpoS a es nexcept that each member of the industry may
emply a lest ne 1).Such onfce boy or office girl shall ber paid
not less than eighty perlce~nt (80'1~;) of ~thle minimum wage rate for
clerical and office employees provided by Section 2 of Article IV
of the Code.
4. The Code provides for a minimum rate of pay irresp~ec~tive of
whether thre etmployee is actually c~ompensated on a time rante, piece-
work or other basis.
5. This Code also provides for an equitable adjustments, of all
wage rates above the minimum. Provisions are incorporated relative
to the employment of handicapped persons, rates of pay for fe-male
employees, standards of safety and health, posting of the Code, and
payment of wages.
6. This Code provides that no em~ployee now employed at a rate
in excess of the r~minimumr shall be~ discharged anld reemnployed or
displaced by another employee at a lower rate of pay for purposes of
evading the provisions of this Code. ~No person under sixteen (16)
years of age shall be employed in the industry, and no person under
eighteen (18) years of age shall be employedt at operations or occu-
pations hazardous in nature or dangerous to health. No employer
shall rec~lassify employees or duties of occupations performed or
engage in any subter~fuge for the purpose of defeating the provisions
of this Code or of the Act.
ECONOMIlC EFFECT OF TH-IE CODE
The Coldl Stor~age Door Industry includ-es the manufacture for
sale of cold storage doors and wind~ows, refr~igerantor fronts and ice-
passing chuites, except such p rcdulcts as are integral parts of a com-
mlereinI refrigerator. This industry to a Ilar~ge extent d~epend~s for
consumption of its products upon the alteration, repair and co~nstruce-
tion of packing houses, ice manufacturing anld distributing plants,
hotels, breweries, butch~eries and other institutions requiring cold
Th~e Report of the ReserHIch and Planning Division indlientes thant
the volumle: of annual sales of the ind-ustry's products declined from
about $570),000 inl 1929 to about $370,000 for thre year 1932- and to an
estimated value of about $299,000 for the year 1933S.: Inveted capital
has declined approximately nine per cent (9%0) :since 1~930.
This is not, a Ilarge industryT and the report of the Researc'h- and
Planning Division indicates that in 1929 the maximnum number of
employees was about ninetyp-nine (99) and in. June, 1933, about fifty-
nine (59). As of October 15, 1933, the number of empqloyrees has
increased to about ninety-one ( 91). The provisions of this Code, as
dmalnd for the products of this industry :increases, should restore
employment and purchasing power to the 1929 level.
T'he ~Assistant Deputy Administrator in his final report to m~ie on
said Code having found as hereinr set forth and on the basis of all
the proceedings mn thnis matter;
I find that:
(a) Said Code is well designed to promolcte the pollicies and par-
poses of Title I of the National Industrial Recover~y Act, including
removall of obstructions to the free flowoc of interstate nand for~eigan
commerce which tend to diminish the amount thereof and will pr~o-
vide for the general welfare by promlloting~ the organization of
industry for the puirpose of cooperative actiorin amonc the trade
groups, by inducinlg and maintaining unitedl action of labor and
management, under nIdequalte governmental sanctions and supervision,
by elim~inating unfair compettitive practices, by promoting the fullest
possible ultilizatio~n of the present productive capacity of industries,
by57 av~oidingr ulndue restriction of production exceptt as may" be
temporarily required), by increasing the consumnption of indlustrial
anld agricultural products through increasing purchansing power, b
r~edulcing and relieving unemlploym-ent, by improving~ standards o
labor, and byr otherwise rehabilitating indulstryJ.
(b) Said Industry norm~allyr employs not more than 50,000 em-
ployees; and is not classified by me as at major industry.
(c) The Code as approved complies in all respects wit the
pertinent provisions of said Title of said Act, inctludinrr without
limitation Subsection (a) of Section 3, Subsection (a) of sectionn 7,
and Subsec~tion (b) of Section 10 thereof ; and that the applicant
association is an industrial association truy representative of the
aforesaid industry; and that said association imposes no inequitable
restrictions on admission to mnembership therein.
(d) T'he Code is not designed to and will not p~ermlit monopolies
or monopolistic pract ices.
(e) The Oo~de is not designed to and will not elimlinate or oppress
small enterprises and will not operate to discrimlinate against them.
(f) Those engaged in other steps of the economic process have not
been deprived o~f th~e right to be heard prior to approval of said Code.
F~or these reasons, therefore, I: have approved this Code.
HI3ou 8. JoKNson,
JUar 11, 1934.
CODE OF FAIR COM~PETITIONI FOR THE COLtD STOIR-
AtGSE DOORI; MANU~JIJFACTU'IRINIG INDUSTRY
To effect the policies of Title I of the Nationlal Industrial Re-
covery Act, this Code is established as a Code of Fair Compe~tition
for the Cold Storage Door Manufacturing Industry, and its pro-
visions shall be the standard of fair competition for such ind~ustry
and shall be binding upon every member thereof.
ARTICLE II- D,EFIN`ITIONS
rSEC'TION 1_. The termn Cold Storage Door Industry or In-
dustry as herein used is defined to mean and include thre rmanu-
facture for sale of products of this industry.
SIECTION 2. The products of this industry are defined to mean
and include cold storage doors, cold storage windows, refrigerator
fronts, and ice-passing chutes, except that such products as are
included as integral parts of a commercial refrigerator are
sp'ecificallyT not included.
SECTION 3. The term '"Council," as used herein, shall mean the
" Cold Storage Door M~anufatcturers' Council."
SECTIow 4. The term employee," as used herein, includes anry
and all persons engaged in the industry, however compensated,
except a member of the industry.
SECTION 5. The term "L employer as used herein includes anyone
by whom such employee is compyensated or employed.
SECTION 6. The term mnemb~er of the industry,'" includes, but
without limitation, any individual, partnership, association, cor-
poration, or other form of enterprise engaged in the industry, either
as an emnployer or on his or its own behalf.
SSECTIO)N 7. The term apprentice as used herein is defined to
mean and include any empIloyee apprenticed to his emplloyer by an
indenture made in pursuonce to law or by a written contract between~
such an employee and his employer undler allnappr~enticeship: sys"tem
establishedl and maintained by his employer.
SECTIO~N 8. The term trade as used herein is defined to mean
and include all chiannels of distribution for the products of this
SECTrIOu 9. Th'le terms "L Presidenlt," "Act "' and "Administrator "
as used herein sha~sll meatn resp~ectively the President of the United
States, Title I of the National Industrial Recovetryr Act and the
Administrator for Industr~ial Recoverya.
ARTICLE III --MAXIIMUM\ OURS
SE;carow 1. No employee shall be permit~ted to work in excess of
forty (40) hours in any one seven (7) day period or more than
eight (8) hours in anly twenty-four (24) hour period, except as
herein. otherwcpise provided.
SECTIONE 2. HOtbr8 for 077cricall and: Ofjice Emnployeesa.--No person
employed in clerical or o~ffic~e work shall be permi;tted to work in
excess of forty (40) hours in any seven (7) day per~iodi or more
than eight (8) hours in anly twenty-four (24) hour period.
SECTION 3. EwL~eepionsl J as to Hours.--Employeec s engaged as trucks
drivers may be permitted to work not in exscess of forty-four (44)
hIouls: in anly sevecn (7) day period, or morle than nine (9) hours in
any tw~enty-four (24) hour period or more than six (6) days in any
seven (7) day period; pro~vided that at least olne and one-half (11.*2)
times the normal rate of pay shall be paid for time wmorkred inl excess
of forty (40) hours inl any seven (7) day p~el~rio or inr exess of
eighlt (8) hours in. any twenty-four (24) hour p~eriod.
S~lcnTowu 4. Emp1~IJloyees e~ngagd as watc~hmeln in malnufacturingr
plants in opera~tioni may be permitted to wiiork n-ot in exce--s of ninety-
six (96) hours in any fourteen (14) day pe~iriod.
SeenowI(,ru 5. To provide for sea-sonni peak~s, employee~. esi exet those
de~scr~ibed in SCections 2, 3 anrd 4 of this Article, may be, permiltted to
work~ not in exscess of nine (9) hours in. any t wenty-four (24) hour
period, or more than forty-eight (48) hours mn any seven (7j) day
period in not more than six (6) consecutive seven~l (7) clay per~iodls of
any six (6) months' period; provided, however, that this tolerance
shall not be perm i ttef :if senso~nal demands can be? met hv the emlploy-
ment of additional emplloyees; and, furlthecr provided, that at. least
onea andJ one-half (11%) :timles the normal rate of payr shall be ~pa id
for all timne worked in excess of the maximum~11 p~r~rrovied herein inr
Section 1. of this Article.
SrCnEToN 6. Esem~ptionrs as to Ht~o-ur.-The provisiions of this
Article in respect to maximum hours shall not apply to traveling
.salesmnen, or to persons employed in a managerial or executive
capacity who earnl not less than thirty-five dollars ($35i.00) per week.
S~ECTION 7. The provisions of this Article in respect to maximum
hours shall not apply to employees enqagedl in emlergency~ main-
tenance or emergency repair workz invol ving breakdowns or the pro-
tect.io~n of life or property, provided, however, that in any such
emergency work at least one and one-half (1%) times the normal
rate of payr shall be paid for all time worked in excess of the
maxima herein provided by this~ AIrticle, and further provided that
all cases of overtime emergency work shall be reported to th Code
SECTION 8. Sfa/GN/70r WCeek.--No employee shall be permitted to
work more than six (6) days in any seven (7`) day period.
Secn~oN 9. Emp~orloynwt by several empoye~rR.--No employer
shall kn~owingly permit any employee to work for any tiime which
when totaled with that already performed with another employer,
or employers, exceeds the maxlunum permitted herein.
A n'C.LE II7- AGESl
SECTION 1. Mlinirr lmum wacges.-No employee shall1 be ~paid, in any
pay period, less than at the rate of forty cents (40p) per hour,
xcept as herein otherwise provided.
SECTION 2. Nio person emp~loyed in clerical or o-ffice work shall be
paid in a~ny pay period less than at the rate of fifteen dollars
(~$15.00) per week, except as herein otherwise provided.
SECTION 3. The wage rates for apprentices shall be determined
by collective bargaining, but in no case shall any apprentice be paid
in anly pay period at less than the minimum rate provided under
Sectionr 1. of this Article. TIhe total number of appr~lentices emp-
ployedd by any member of the industry shall not exc~eed in any cal-
enldar months five per cent (5%4~) of the total number of employees
engaged in the classification of work in which they are employed,
but at least one (1) apprentice shall be permlittedl for each classifi-
SECTION 4. Office boys and office girls under eighteen (18) years
of age shall be paid no less than eighty per cent (80%0) of the mini-
mum. w\cage rates for clerical andc office employees provided herein
under Section f2. Such office boys or office girls shall be limited in
any calendar month to one (1) for each tw~enty (20) clerical and
office employees em~ploy~ed byT any one (1) member of the industry,
except that each member of the industry may empyloy at least one
(1) such office boy or office girl.
SECTION 5. Piece-toork: compnsa,)~(tion.-This Article establishes a
minimum rate of pay which shall apply irrespective of whether an
employee is actually compensated on a time-rate, piece-work, or
SECTION 6. Wagere above the Minimzum.--On or before thie eAfective
date every employer shall make an equitable adjustment of all watge
rates abov-e the minimum. In no case shall wage rates be reduced,
notwithstanding that the number of hours wPorkred in such employ-
ment may be hereby decreased. No change shall be made in piece-
wTork rates which will reduce the hourly or daily earnings of piece
worker~s. The action taken by each member of the industry in ac-
cordapce with this provision shall be reported to the Code Author-
ity within thirty (30) days after the effective date of this Code and
to the ALdministrator on his request and shall be subject to th~e A-)dmin-
istrat.or's review and disapproval.
SECTION ?. Fewhale elH p70 ye68.--Femalne employees performing
substantially the same work as male employees shall receive the same
rate of payV as male employees and where they displace men, and
perform substantially the same work as the men they displace, they
shall receive the same rate of pay as the men they dtisplace. The
Code A~uthority shall, wcithnin Imnety (90) days after the effective
date of this Code, ~file wih. the Administrator a description of all
occupations in the industry in which both men and women were
employed at the effecti-ve date of the Code.
rSECTION 8. HqandiLcappedI perSOnfs.--A person whose earning ca-
p~acity' is limited because of age or physical or mental handicap may
be employed on light work at a wage below the minimum established.
by this Code if the emplloyer obtains from the State Aiuthority
designated by the Unlitedl States Department of L~abor, a certificate
authorizing his employment, at such wages and for such ]hours as
shall be stated in the certificate. Such authority- shall be guided
by the instructions of the U~nited States Department of L~abor in
7 310 1*-8--29--43---34-~2
issuing certificates to such persons. Each employer shall fle
monthly with the Code Atuthorit~y a list of all such persons employed
SECTION 9. Evatsion, throuj~lh Re-emrrployment.-No employee now
employed at a rate in exesis of the mlinimlum shall be discharged and
reemployed or replalced by another at a lower rate for the purposes
of evading the provisions of this Code.
ARTICLE P GENERAL LABOR PROV'ISIONS
S~ECTIowN 1. Chkild Labor Pr~o is-i~ons.-No~i person under sixteen
(1~6) years of age shall be emnplo~yed in. thre industry. No person
under eighteen (18) years of age shall be~ employed at operations
or occupations which are hazardcous inl nature or danngerous to
health. The 'Code ~Authority shall submlit to the Admlinistrator
within sixty days (r60) ~ay's after the effective date of this Code a
list of such operations or occupantions. I~n any State an employer
shall be deemed to have complied with this provision as to age if he
shall have on file a cer~tifiedet or permit duly issuled by t~he Agency
in such State empowered to issue employ'ment or age certificates or
permlits showing that the employees is of the required age.
SECTION 2. PTOvi'840H8 from tlZO Aidc.--III compliance with Section
7 (a) of the Act, it is provided:
(a) That employees shall have the right to organize and bargain
collectively thr~couh replresenttatie s of their own choosing, and shall
be free from the interferene, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-orga niza tionl or in. other conrcertedl activities for the purpose
of collec~tiv-e. burga'inling or other mutual aid or protection.
(b) That no employee and no one seekiing employment shall be
r~equiried as a condition of employment to jomn any company umion or
tor rPeframiT frolm inolmng, organizing, or assistingr a labor orgaruza-
tion of his ownm cho(:osing; and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
appiroved or precribed by the President.
SIECTION 3. Re'Clatssiiffratfion of Emp~170loitecs.-No employer shall re-
classify emploll-yees or duties of oc~cupationss performed or engage mn
anyT subter~fuge for thne p~urpose of defeating the provisions of the
ALlct or of this Codce.
SECTION 4. Standadtrd for safetUf andi health.--Every employer shall
provide for the safety and(. helth1'l of his emiployee~sf at the place and
during the, hours of their empc,)loyment. Standar~~lds for safetyv and
health shall be submnittell by the Code Authority to the Adminlnst~ra-
tor w~ithin three (3) mnllth~s after the el'flectl~ ive dte of this Code.
SCErnoxO 5. State L~awus.-NXo prov,\isions in thlis Codle shall super-
iete any State or Edclral' la w which imnposes mior~e sti~ringent. requir-e-
mnlcrts on emnployer~r s as to ngie of employ~ees, w~agcs, hours or wocrk,
or ats to safe~ty, halthlll, sanitarly or ge-rneral w~orking~ conlit~ions or
jln-uranlllce, or Arie pro'-te(tio'n, thlan are imposed byct li thlis Codelt.
SI-:cno 6. Posinct.-E ch e-b o~f thle ;industryS shall comnply
with~ the ]rulels andll reg~la~t ion~s of thle 1( AdminisflLtraor aS to p)ost ing this
Cod~e or portionls thereiof.
SECTION 7. PCy?7rwHAl Of -Ctages.--Each member of the industry
shall agree to make payment of all wages due in lawful currencyp or
by negotiable, chneck therefore payable on demliand~. Wages shall be
due and payable at the end of each regular pay period but wh ich
shall not exceed semni-mont~hly intervals. The provisions of th~is
Section shall not apply to persons emp~loyed in a managerial or exec-
utive capacity who earn not less than thirty-five dollars ($35.00) per
ARTICLE VrjI-O na~NIzarroN, POWER~S, AND DUTIES OF THIE CODEI
SECTION 1. Orga~nization and Constitution: A cCode Authority is
hereby constituted to cooperate wcr~ith thne Administrator in thie
administration of this Code.
SECTION 2. The Code A~uthority shall consist. of three individuals,
constituting the industry- representatives, elected byr a majority vote
of~ the .members of the industry, participating in the election and
eligible to vote under Sectio~n ~11 of this A~rtcle, which majority must
include members of the industry producing seventy-five per cent
(75/6) of the dollar sales value of the pr~odulcts of thle industry sold
during the preceding year. 1Each member of the industry shall be
entitled to one vote. No members of the industry shall be entitledl to
more thanl one representative on the Code Author~ity.
SacTIoN 3. Election of Code A3uthTor~ity.-The Counlcil is hereby
designated as the agency to conduct an election of the members o
the Code Authority within. twenty (20) days after the effective
date of this Code, and any other election of memell.irs of the Code
Authority which may hereafter be held. Members of thie Code
Authority shall be elected to serve for a termn of one ()year, or
until their successors are elected at the nexrt atnnu~al mctmng of the
industry. In the event of any vacancy in the membership of the
CodelP Aut~hority_ asnpecial meeting of thle members of the industry
for an election to fill the incomplete terml of such member shall be
called and held within thlirty (30) days after such vacancy occurs.
Until the vacancy has be~en filled by election of the members of the
industry, the Code Authorityr may appoint a member of the .industry
to fill t~he vacancy in the interim. Notice of such election shall be
sent by regaisteredt mail to all mlember~s of the indlustrly and the Ad-
ministrator at least ten (10) days in advance of such election, andi
voting at such election may be by person by proxy, or by let ter ballot.
SEC:TION 4. In addition to membership, as abo:vee provided, there~
may be three (3) mnembtera, without vote, to be appointed by the
Admninisitrlator for such terms as he m~ay prescribe.
ISECT;ION 5. The represenltatives4 who muay be appo~inted by the Ad-
ministrator, together with the Administrator, shall be giv~en n~t~ice
of and may sit at all, meetings of the Code Authority and any agency
SECTION 6. Each trade or industrial association directly or indi-
rectly par~tic~ipating in the selection or activities of the Code~ Author-
ity shall: (1) impose no inequitable restrictions on membership, a~nd
(2) submit to the Admninistrator true copies of its articles of Asso-
ciation, By-laws, regulations, and any amendments when made
thereto, together with such other information as to membership, or-
ganization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Alct.
SECTION 7. In order that the Code Authority shall at all times be
truly representative of the industry and in. other respects comply
with the provisions of the Act, the Admrinistrator may prescribe such
hearnlgs 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 comp~ly with the provisions of the Act, may require an appro-
priate m~odifticati~on of the Code Aiuthority3.
SECTION 8. Nothing contained in this Code shall constitute the
members of the Code A~uthority~ partners for anly purpose. Nor
shall anyr members of the! Code Authority be liable inl any manner
to any one for any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, exercising r~ealso~nale diligence in thne conduct of his duties here-
under, be liable to any other for any action or omission to act under
this Code, except for his own willful manlfeasance or nonfeasance.
SECTI~ON 9. If~ the Administrator shall at any time determine. that
any action of a Code AIuthority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action. which shall
not be effective unless the ASdministrator approves or unless he shall
fail to disalpprove after thzirt~y (30) days' notice to him of intention
to proceed with such action in its original or modified form.
SECTION 10. Powers and Dutiecs of Gode Autho;rityr.-Subject to
suchi rules and regulations as may be issued by the Administrator,
the Code Authority shall have the following powFers and duties, in
addition to those authorized byT other provisions of this Code.
(a) T~o insure the execut~ionl of the provisions of this Code and
to provide for the compliance of the industry with the provisions
of the Act.
(b) To adopt by-laws and rules and regu~lations for its procedure.
(c) To obtain from members of the industry such information
and reports as are required for the adlministration of the Code. In
addition to information required to be submitttedl to the Codes Author-
ityT, mecmbers of thle industry' subject to thlis Codeo shall furnish
such information as the A~dmlinistraltor many deemnl necessary for
the purp~oses recitedl in. Section 3 (a) of the Aci~t to such Federal
and S~ftat agencies as he mayV designate; pIrovidecd that nothing in
this Code shall relieve any member of thle industry of any existing
obligationls to furnish replor~ts to anly Government.lt ngency., No in-
dlivibdun Ireport shall be disclosed to any other mecmber of the in-
dulstry or any othcr panrty except to such other Governmental
agenewsr as may be directed by the Administrtcratr
(d) To" use such. trade associations and other agencies as it deems
proper for the carrying out of of anry of its activities provided
for herein, p~rovideld that nothiing herein shall relieve the Code
Authotri1(tyullz of its duities or responiisibilities unde~lr this Codle andl thaut
suh rae ssc~iatio~ns anid agencies hshll at all times be sutbject to
andl comply with~ the provisions hereof.
(e) T'o make recommendations to the Ad~ministratoro for the co-
ordlination of the administration of this Code with such other codes,
if any, as may be related to or affect members of the. industry.
(f) To coopran,te with the Ad~minist~rator in regullat~ing the use of
any NJ.R.A. insignia solely by those members of the industry w~ho
are complying wvith this Code.
(5) To recommend to the Admlinistrato~r any action or measures
deemed advisable, including further fair trade practice~ provisions
to govern members of the industry in their relations with each other
or with otherl industries; measures for industrial planning, and
stabilization of emnployment;lt and including modifications of this
Code which shall become effective as part hereof upon approval by
the Administrator after such notice and hearing as he mnay specify.
(h) To appoint a Trade Prac-tic~e CommllitteeH which shall meet
with t~he Trade Prnetice Comm~ittees appointedl under such other
codes as may be r~elatedl~ to the industry for the pu!rpl'ose of formu'lalldt-
ing fair trade practices to goverln the reclationlshil"lps btween em1-
ployers under this code and under such other codes to the end th-at
such fair trade practices may be p~ro.posedt to the~ Aldministrator as
amen.ldowntsl to this code and such other codes.
(i) To provide appropriate facilities for arbitration, and subject
to the approval of the ALldministrator, to prsclr~ibe rulles of procedure
andl rules to effect compliance w9ith awards and determ~~inaldt ions.
SE(TION 11. 1. It being found necessary in order to support the
administration of this Code and to maintain thre standards of fair
comnpettiion established hereunder and to effectuate the policy of the
Act, the Code ~Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations out
of funds which may be raised as hereinlafterl provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to thre Administrator for his appr~oval, subject to
suchl notice and opportunity to be heard as he may deem necessary
(1) an itemlizedl budget of lits estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by- members of the
(c) After such budget and basis of contribution have been rap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members of thie industry, and to
that end, if necessary, to institute legal proceedings therefore in itis
own na mle.
2. Each member of the industry shall pay- his or its equitable
contribution to the expenses of the maintenance of the Code Au-
tholrity, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Admiinistrator.
]iiailure on the part of a membr of the industry to makre such con-
tribution shall be a viola~tion of this Code,. Only members of t-he
industry complying with.the Code anid contributing to, the expenses
of its administration as hereiria'bove. provided, unless dulyr exempted
from. making such contributions, shall ber entitled to participate in
the selection of members of the C'ode Authority or to rpeceive the
benefits of any of its voluntary activities or to make use of any
emblem or insignia, of th~e National Recovery Admninistration.
3. The Code Authority shall neither incur nor pay a.ny obligation
in excess of the amount thereof as estimated in its approved budget,
except upon approval of the! Admtlinistr~ator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
of prior budget estimates except those which the Administrator shall
have so approved.
ARTICLE VII --PunBTicITY or PRICES, TERMSY, AND) CONrDITIONS OF
Se~Tc~ro 11. Withinl twenty (20) days after the effective dazte of
this Code each member of the industry shall file w~ith the Code
Authority, or with. such agency as the Code Authority mnay desig-
nate a complete schedule of prices, and maximum discount~s appli-
cable thereto, for all its products offered for sale. Such schedule
of prices shall stipulate that such prices and dlisclounts shall be
effective on the tenth (10) day after the datec of filing with freight
allowed to destination, shall include all terms and conditions of
sale to each of the members' classes of trade, and shall be supplied
in sufficient number for distribution to all interestedl parties.
SECTIONu 2. Except as provided herein in Sect~io-n 3 of this Article
in the event of any revision by any member of the Industry of any
prices, discounts, terms, or conditions of sale, such member shall file
with t~he Code Authority, or with such agency as the Code Authority
may designate, full and complete copies of every such revision in
sufficient nlumlber for distribution to all interested parties and shall
stipulate that such revision shall be effective onl thne tenth (10th) day
after the flirlng of suchn revision.
SECTION 3. Fil~i7g Rezl/80dc~ Prices Terms, Etc.--In the event that
any member of the industry shall hle a revision in any prices, dis-
counts, terms or conditions of sale, then any other member of the
industry mlay file a similar revisionl in any prices, discounts, terms,
or conditions of sale for the same or equivalentt product under the
same or equivalent termlls or conditions of sale (to become effective
on thie same date as the first filed revision); provided, that no such
revisedl prices, dtiscoulnts, terms or conditions of sale are more favora-
ble to the purllchaser than the first filed revisions; and further pro-
vided, that anly such revised pr~icesi, dliscounts, terms or conditions
of sale shall have been filed not less than five (5) day~s prior to the
effective date of thle first filedl revisions.
SCEems~., 4. Avilablility of F7itle Price~, Etc.--All information
filed in nccirdanle w~ithl this Article shall be~ openr for inspection at
all reasonablel times b~y any interestedl pers.on.
SECTIIox 5. Adh7erence~; to PrliCes and~~ Terms1. -No mtember of the
in dust ry shall direc~ctly or indirectly pay a. rebalte or aIllow\ a deduction,
sell or offer to se~ll or o~therwnise dispose. of any of the prrodlucts of this
industry, escwept in necordalin ce with its p~riceS, dliscounl~ts, termls and
cow~litiorns of .male filed- at surch~ timei andc in such manner as is dle-
scr.ribedl~ hereinl inl thlis Article.
1See paragraph 2 of orsh*r appr..ving this Us.rtr.
SECTION 6. DefinitionS for the classifications of buyers for this
industry shall be determined by the Code Authority, subject to the
approval of the Administrator.
ARLPTICILE Y111I[--TPRADE PRACTICE RULES
General Defiaitionl.-F1or all purposes of the Code the acts de-
scribed in this Article shall constitute unfair practices. Any member
of the industry who shall directly, or indirectly through any o~ffcer,
emnployee, agent, or representative, knowingly use, employ, or permit
to be employed, any of such unfair practices shall be guilty of a viola-
tion of the Code.
RULE 1. Shelling beloso cost.--No member of the industry shall sell
below his individual cost, except to meet the price competition of
another member whose cost is lower.
The Code Authority shall cause to be formulated an accounting
system a~nd me~t~hod of rcost, findingr ~ndJ/or esitimatingr capable of
use by all members of the industry. After such system and methods
have been formullatedl, and approved by the Administrator, full de-
tails concerning them shall be made available to all members.
Thereafter all members shall determine and/or estimate costs in
accor~dance withn the principles of such methods.
When the Code Authorit~y determines that anr emecrgrency exists
in this industry and that the cause thereof is destructive price-cut-
ting such as to render ineffective or seriously endanger the mlainte-
nance of the provisions of this Code, the Code ~Authzority may cause
to be determined the lowest reasonable cost of the products of this
industry, such determination to be subject to suchn notice and hear-
ing as the A~dministrator mayr requir~e. The Administrator may ap-
p~rove, disapprove, or modify the determination. Thereafter, during
the period of the emergency, it shall be an unfair trade practice for
any member of the industry to sell or offer to sell any products of
the industry for which the lowest reasonable cost has been deter-
mined at such prices or upon such terms or conditions of sale that
the buyer will pay less therefore than the lowest reasonable cost of
such products. W;hen it appears that conditions have changed, the
Code Authority, upon its own initiative or upon the request of any
interested party, shall cause the determination to be reviewed.
Pending thie adoption and use of an approved cost accounting
system or method as provided herein, each member of the industry
shall determine his Individual cost of a product of the industry
in accordance with such cost accounting system or method cuxsto-
marily used by such member, provided that interest on indebtedness,
interest on investment, depreciation on idle facilities, and selling
administrative cost shall not be included in the mandatory~ cost
below which no member of the industry may sell.
RULaE 2. Secret rebates.--No member of the industry shall directly
or indirectly oifer or make any secret or discriminatory payment olr
allowance of a rebate, refund, commission, credit, unearned discount,
or allowance, whether in the form .of money or other wise, nor shall
any member extend to any customer any special, secret or 'discrimina-
tory service or privilege not extended to all customers of the same
class for the purpose of influencing a sale or with thle intent or with
t~he effect of injuring a competitor or violating anly of the provisions
of this Code.
RULE 3. Palse Billinzg.No, member of the industry shall post-
date or pre-date any contract, invoice, quotation, or receipt., withhold
from or insert in. anyr contract, invoice, quotation or receipt, any
statement which makes such contract, invoice, quotation, or receipt
inaccurate in any material particular or accept or offer to accept
any such contract, with the effect of injuring the business of a com-
petitor or violating thre provisions of this Code.
]RULE 4. INGaCC~urrte d cGileer/&ing.--No member of ~the i industry
shall use~ or publishn advertising (whether p1rited, radlio, display,
or ofl any other nature) or other representation. w\hic~h is inaccurate
inl any material particular or in. anyr way7 misrepresent anly coml-
mlodity (including its use, trade mark, grade, quality, quantity,
origin, size, s-ubst~ance, character, nature, finish, ma~ter~ial content,
or preparation), lor c~rellit terms, values, policies, services, or t.he
nature or form of the business conducted.
RUJLE 5. I'taccu'lralte: labeli~ng.-No member of the :industry shall
brand or mark or pack any goods in any manner which is intended
to or does deceive or Imislead purchasers with respect to the brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material content, or preparation of such gooods.
RULE F). Inacczcrtei rt8/878%088 to competitor, Etc.-No member of
the industry shall use adve~rtising or other repre.sent.ation which
refers inaccurately in any material partcular to any competitors or
their commnodities, prices, values, credit te3lrms, policies, or services.
RULE 7. ThTCG88 Of GU) 80/f8.-NO member of the indcustry shall
publish or circularize unjustified or unwalrrlnted threats of legal
proceedings which tend to or have? the effect of harassing competi-
tors or intimidating their customers.
RULE 8. Bribing Employees.--N-o member of the :industry shall
give, permit to be given, or directly offer to give, anythirwf of value
for the purpose of influencing or rewarding the action o anyv emn-
ployee, agent, or r~epresellntatie of another in relatiojn to thte business
of the employer of such. employee, the principal of such agent, or
t~he repnrese~tntel party,tr with~out the knowledgeve of suIch) employer,
pricialor party. Th~lis provision. shall not be construedc to pro-
htiibit free and general distribution of articles commonly used for
adver~tisingr ecsep~t so far as such articles are actually used for
ccnlcmmc~i al bribery as here~inabovc defined'.
RULE 9. H117rankefC'8.-RNO members Of -the industry shall guarantee
for a perliod longerC1 than one (1) year from date of ins~tallation to
fuirnish~ or repin~ce, free of charge,, a product of this industry or any
pa'rt theroff foundi~ to be derfective in malterial or w-orkmanlship.
RUL.E 10. Termlls of po7~linenf.--No memlber of the indulstry shall
necepclt or offer to necept. any contract or orde~lr pr~ovid~ingmoe
voralenc termsi- of payment thann to prov-ide: (1) ne~t cash thiirty (30)
days f~rom (7nlc~ of invoice, or (2) three percent (:3') dliscounlt. on net
amount of inivoiie (frecight chargers not included~) for cash1 paymecnt
w~ith~in ten (10) days from daute of inlvoice; pr~ovided~, however, that
members of the industry may provide for three percent (3%r) dis-
count from the net amount ofe the invoice freightt charges not inr-
cluded) for cashi payment on current mnonthz's bills paid before the
tenth of the month following by continuous purchasers, or (3) that
eight-five percent (85 %) of the value of any material, labor or serv-
ice urished, delivered or installedl during the prece~dingb calendar
monthly shall be due and payable on the fifteenth day of each month
follow~ing such;) furnishings, delivepring or instatllingr and that the bal-
ance shall be due and payable within thirty (30) days after the com~-
pletion of th~e contract or order.
RrrLE 11. 8W45ised Quotatione.-NIo memllber of thle industry shall
recall or revise or offer to recall or revise any quotation (whether
oral or written, submitted in compe~ttition to a buyerC1) for the purpose
or with the intent of 3lubm~itting~ a, mre~ favorable price discount,
term or condlitio~n of sale, unless there has been a bona fide revisionl
in the plans, specif7:.tications or other estimlating or p~ur~cha ing dtau~
forming the basis of the original qluotation. On written request
of any interested member of the industry, any other member of the
industry shall be required to file with the Code Authority or such
other agency as the Code Authority mray design-ate full andu complete
copies of each revised quotation submnittted as the result of a bona
fide revision in the plans, specifcnicatios or other estimating or pur-
ch~asing data-of the buyer. All rev-ised quotations filed purlsunnt to
this section. shall be kept confidential by the Code Ahuthority or its
agency, except as may be necessary for the administration or en-
forcemrent of the provisions of this Code.
ARTICra IX-STREGISTATO O]F MEMBERS OF THE INDUSTRY
Every member of the industry shall comply with the rules and
regulations of the Administrator as to registration with the Code
Authority, or such other agency as the Administrator mnay direct
and including, but without limitation, the number of shops, estab-
lishments or separate units thereof and their location, as well as each
additional shop, establishment or separate unit opened after regis-
ARTICLE X MODIFICATION
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify -any order, ap-
proval, license, rule or regulation, issued under Title I of said Act
specifically, but without limitation, to the right of the President to
cancel or mnodify his approval of this Code or any conditions imposed
by him upon his approval thereof.
2. This Code, except as to provisions required by the Act may be
modified on the basis of experience or changes in, circumstances, such
modification to be based upon application to the Administrator and
such notice and hearing as he shall specify, and to be~comle effective on
approval of the A~dministrator.
No provision of this Code shall be so applied as to permit monopo-
lies or mnonopo~listic practices, or to eliminate~, oppress, or discrimi-
nate against small enterprises.
Annan~r XII-PRICE: INcREAS~ES
Wheras te poicyof the Act to increase real purchasing power
will ea made more iffic~ult of cons~ununn~tion if prices of goods and
services incr~ease as rapidly as wages, it is recogmized that price mn-
cr~leas esec~ep~t such as m~ay be requ i red to mueet. individual cost should
be delay~ed. But when made-l, such increasel~s should, so far as possible,
be limited to actual ncaditionall increases in the seller's cost.
AnncLE XIII- EFFECTIVE IDATEr
This code shall become effective on, the second M~ondany after its
approval by the Pres~idecnt.
Approved Code No. 479.
Registry No. 1328-12.
UNIVERSITY OF FLORIDA
lII I lillill t illi llllll ill II ll11111
3 1262 08853 8466