Code of fair competition for the household ice refrigerator industry as approved on December 30, 1933 by President Roosevelt

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Material Information

Title:
Code of fair competition for the household ice refrigerator industry as approved on December 30, 1933 by President Roosevelt
Portion of title:
Household ice refrigerator industry
Physical Description:
p. 473-483 : ; 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:
Refrigerators -- Equipment and supplies -- United States   ( lcsh )
Ice   ( 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. 1328-1-01."
General Note:
"Approved Code No. 183."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942844
oclc - 655255188
System ID:
AA00006722:00001

Full Text



Approved Code No. 183 Registry No. 1328--1--0


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE


HOUSEHOLD ICE

REFRIGERATOR INDUSTRY

AS APPROVED ON DECEMBER 30, 1933
BY
PRESIDENT ROOSEVELT









u.L.


UNIV. OF FL- UB. WE Do UR PART


U.S.~ DEO~TRYI


1. Executive Order
2. Letter of Transmittal
3. Code




UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1934


Pbr sale by the Superintendent of Docluments, Washington, D.C. - Priece 5 cente
























This publication is for sale by the Superintendent of Documents, Government
Printing O~ttice, Washc;ingtonl. D.C., and by district offices of the B~ureau of Foreign
and Domnestie Commlerce.

DISTRICT OFF'ICIES OF T[E: DEPARTMENT OF COMM ERCE

Atlanta, Ga.: 5j04 Post Oti~e ]Building.
Binulinghn ul,11 Ala.: 257 F'ederal Building.
Boston, Mass.r: 1801 Custombhouse.
Buffalo, N.Y.: Chamber of Commerce Buildling.
Chales'I~ton1, S.C.: Chamber of Commercec~ Building.
Chicago, Ill.: Suite 10.Joj, 201 No0rth Wells Street.
Clevellandl. Ohio: Chamber of Commeree.
Dallasl. TIex.: Chatmber of Commerce Buiblinlg.
Detroit, Alic~h: 2213 F~irst National Bank R~uildling.
TTlr-InuIto. Tex.: thanib~ller of Commerce Bu~ilhing.
ITlllianplr l 1,is. Ind.: Chamber of Commerce B~uiblingl.
Jack~sonville, Fla.: chamber of Commerce Buiblingb.
Ka nlsus City, Mo~.: lotS Baltimore Avenue.
L~o .< Augles,l- Calif.: 1168 South Btroadwray.
Inouisville, K". : -j1is Fe'deral Huildling.
Memt~uphis, Tenn.: 229 Federal B~uilding.

N~ew Orleans, Lal.: Rtoom 2.15-A, Oustomboluse.
New York, N.Y.: T"4 Custombouse.
Nor-folkl, Va.: -Il00 `East Plum~e str~et.
P7hiblelph~Din. Pa.: 0833 Commnercial Tl~rust Buildling.
Pittsb~urgh Pa.: Chtamnber of Commaerce Buildling~.
PortInudl, Oreg.: 215 Ncew Post Office Building.
St. Louis, Mo.: andl Olive Street.
Sanl Fralnell~s('r Calif.: 310 Customhouse.
Seattle, Wa'shl.: 800 Federal B~uildling.












Approved Code No. 183


COD~dE OF FAIR COMPETITION
FOR THE

~O~USIEH-IOLD ICE REFRIGE~RATORI INDUSTRY

As Approved on D~ecemnber 30, 1933
BY
PIRESIDENL~T ROOSE~VELT






Executive Order

ALn application having been. duly made, pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of F'air Competition for the H~ousehold Ice Refrigerator Industry,
a~nd hearings having been held thereon and the Administrator hav-
ing rendered his report containing an analysis of the said Code of
FEair Competition together with his recommendations and findings
w~it'h respect thereto, and the Administrator having found that the
said Code of Fiair Competition complies in all respects with the
pertinent provisions of Title I of said Act and that the requirements
of Clauses (1) and (2) of Subsection. (a) of Section 3 of the said
Act have been met :
NOW, THEREFORE, I, Frankilin D. Roosevelt, Presidenlt of the
United States, pursuant to the authority vested in me by Title I
of the National I~ndustrial 1Recovery Act, approved June 16, 1933
and ot~herwTise, do approve the report and recommendations and
adopt t~he findings of the ACSdministrator anld do order that the said
Code of Fair Competition be anld it is hereby approved.
FRANSK;IN D. ROOSE'VELT.
Approval recommended :
HowH S. JoINwson,
Administrator.
THE THITE HOUSE,
D~ece~mber 30, 193J3.
20545"-296--208----34 (473)













The uesmrrDI-.CEMBDER 21, 1933.
The Whte1;1 H~ouse.
Sm: This is a report on the Code of Fair Compe~,tition for the
Household Ice Refrigierator Industry in the Uniitedl States ais revised
after a hearing conducted in Washington, D).C. Nf\ovemllber 14, 1933,
in necordance with the provisions of the National) Indlustrial Recovery
Act.
PROVIrSIONS OF TH~E CODE AS TO FTOURS AN'D ~AGES

All employees, except those in an executive, supervisory, or pro-
fessional capacity who receive mor~e than thirty-five (35) dollars
per week, shall be paid a minimum of thirty-fAve (35) cents per
hour, except in the States of Ke~tntucky3 andl Tennessee, where the
minimum wage shalll be not less than thnirty-one and one-half (311/)
cents per hour.
No emp~loyece shall w~ork; over for~ty (40) hourlls in anyI one week or
more than1 eighlt. (8) hours in any tw-enlty-four (24) hiour period.
Tolerance in hours is 9ranted to watchm~len. whoe will be perm itted'
eighnty-four (84) hours mn any two wFeeks or for~ty-eigrht (48Y) hours
in any one week, as well as to employees onl c~~emegency m Iaintenance
or emergrency3 repair work.
All employees shall be paid at thle rate of tim~e and1I one half for:
hours in excSls' of the norma11;1 l dily or weekcrlly nuiximum.
The mlinimumlll age~C of office emllploy~ees 51hall not be less than
fifteen (15) dollars petr' wee~.
No person undercl the age of sixteen (16) will be emlployedc by th
Industry, andc~ no p~crs~onl under eighteen~l (18) shall b~e emlployed in
ha3zarIdous occupa,;tionIs.
Arp oe minimum ratie of ayi esta~blishedl regardless of whether an.
empoye isona tmewrkor p~ieccworkf or other basis, and it is
also provided thlat no employees shalll be rcclalssified or suffer any
reduction in hourly wPages.
Eiclousic EFFECTS OF 7CTHE CODE

The Ho~usehold Ice Refrigerator Ind~ustry hlas, since 1994, when
they shnipprll oveCr on1e miillion (1,000,(000) cabincts, dcclinecd to two
hundredcll and. forty--three thousands (243.011n0) cab!lincets in 1933. This
condl~ition was c:usedc~ iln part by the compl~ettiton of r Ihe new\\ electrical
and meltchl:ric eal refriger'ators, and it has onrly been~r d~ue to the very
low\ cost of the ice I~~iirefrigator s that they~\ haver beecrlnable to maintaini
their marketsiL' C.
It is thle oplinio~n of thne Indlrustry thlat: due to th~e genellrally imlpro\.
ing conllition*, fllir normal; mai~rkirshnl a1II1~ pproalchl three hund~redl
thousand (30<10011)~ ) cabine~ts annually.





475


Under this code the thousand and eighty (1,080) men now em-
ployed will actually receive more than forty-seven (47) percent
more than they did in 1933. Should there be a production of the
above number of cabinets there will be an additional increase of
employees in the Industry of some forty (40) percent.
~FIN DING;S
The Admninistrator finds that--
(a2) The C'ode as recommended complies in all Iesp~ects with. the
pertinent provisions of Tit~le I of the Act, including, without limita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
thereof : and that
(b) The applicant group im~poses no inequitable restrictions on
admission to~ mnembership therein and is trully representative of the
Household Ice Refrigerator Industry; and that
(c) The Code as recommended is not designed to promote monopo-
lies or to eliminated or op~press small enterprises and will not operate
to discriminate against them and will tend to effectuate the policy of
Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully,
HUanH S. JoIINson
Adcminristr~ator.












COD)E OF FAIRE COMPETITION


FOR THE

]HOUCSIEH-OLD) ICE REIFRIGERATORC INDUSTRY


An~RICLE I--FURPOSES

To effectuate the policy of T'itle I of the, Nat~ional Industrial Re-
covrery Act, the follo-wing prov~isionrs are established as a Code of
F'air Competition ifor th~e H~ousehold Ice Refrigerator Industry, and
upon approval by the Presiden~t shall be the standard of fair com-
petition for such Industry, and shall be binding upon every member
thereof.
ARTCLE II- -IEFIN ITIONS

The term~n Industry as used herein includes the manufac-
turing, for sale, of ice refrigerator cabinlet~s for household use, as
conitrastdc with commll ereCinl use.
2. The term "L Employee '" as used herein, includes anySone engaged
in the industry in anly capai~cit :receivlingr complensation for his serv-
ices, irr~eipc~ctive of th~e nature or merthocd of paym'"ent of such
3. TChe! termn Employer as used herein inc~lllues anyone by whom
anyS such'r emnployee is comnpennsted or emplloyed.l
4. The termn "i Member~c of the Industry inlcludles anyone engaged
in. th~e i ndusltry3 as above' detfinedl, either as an emlployere or on his own
behalf.
5. Thle ter1m "Asi~sociationl '", as used herein, is defined to mean
National Refr~igerator Mannufacturers Association.
6. The term Code Authority ", as used therein, means the body
constituted under Article. VI hereof to cooperante with the Adminis-
trator in the ALdministration of this Code.
7. TIhe ternils "' President "', "'Act "", and ""Administrator "" as used
hecrein shall meann, respectively, thle President of thte United States,
the Nplational Industrial Recovery Act, and thle Admliiinistrator of
Title I: of sa~id Ac't.
ARTICLE II[- ZOURS

1. N-o employeel~c shall b~e permnittedl to workl in excess of forty (40)
hours in any one weekcl, or eight (8) hours in. any twenty-four (P4)

(a) Exscepted shall be emlployees engaged in professionally, exec~u-
tivc, ad~ministrativc or supcrnsory wor~k who receive more thian
$3;.00 per weeki, andl outside~ salesmecn.
(474)






477


(b) Excepted also shall be watchmen, who shall nrot be permitted
to workr in excess of eight~y-four (84) hours mn any two weeks' period,
or forty-eight (48) hours in any one week.
2. The maximum hours fixed in the foregaoing section shall not
apply tor employees on eme~rgenlcy maintenance or emnergency repair
work involving break-downs or proteFction of life or property. At
least one and one half times the normal rate shall be paid for hours
w-or~ked in excess of the maximumln hours provided in Section I of
this Article.
ARTICLE IV 'TYCAGES
1. Thfe minimum wage which shall be paid by any employer to any
employees engaged in the prc~cessingr of products of the industry or
anyr labor incidlental thereto, sh~all be thirty-five (35) cents per hour,
except in the States of Kentucky and Tennessee where the minimum
wcage shall be nzot less than thirty-one and one half cents (311/2)
cents per hour.
The m~irnium wage of office employes shall not be less than
fifteen ($15.00) oarfofultmwek
2. This article establishes a minimum rate of pay, regardless of
whr~ether an employee is compensated on a time work or piece work,
or other basis.
3. There. shall be an. equitable adjustment of all warges above mini-
mum, and to that end, within fifteen (15) days from the approval
of this Code, t~he Code ALuthority shall submit for the approval of
the Administrator a proposal for adljustmnln t in wPages above the
minimum. Upon appr~oval by the Ad:minlistra7tor, after such hear-
ing as he mary prescribe, such proposal shall become binding as a
part of this Code, provided, howTevetr, that in no event shall hourly
rates of pay' be redulced.
Within thirty (30) days after the effective. date, each employer
shall report to the Admlinistrator through the Codle Aiuthority, all
such readljustments made by him since June 18, 1!13;3. Provided,
however, that these rates shall be subject to disapproval by the
Administrator if the adjustmepnts madelc by the employer do not
obtain uniformity of wage rantes amnonga the members of this industry.
4. An employer shall make payment of all wages due only in
lawful currency or by negotiable, check, payable on dem~iandl. Wages
shall be paid at least once every two wee~ks. These wages shall be
exempt from any payments for pensions, insurance, or sick benefits
other than those voluntarlily paid by thie waige earners.
5. The employer or his agents shall accept no rec'bates, directly or
indirectly, on such wages, nor give anything of value or extend
favors to any person for the purpose of influencing rates of w~ages
or the working conditions of his employees.
6. No increases in the amount of p~rodu~ct~ion work shall be~ required
of employees for the purpose of avoiding the benefits to employees
prescribed by this Code in respect to wages and hours of employ-
ment. All new requirements for production work shall be reported
to t~he Code Authority.




4'78


A~R1TICLE VC-G-CENERA L LABOCR PRoviLsions

1. No person undler sixteen (16) years of age shall be employed in
the Industry, nor ~nyole~ under eighteen (18) years of age at oper-
ations or occupa~tionsj Enzarldous in niatuire or detr~imental to health.
The Code Authorityr shall ubmit to the Admlinistratorr before Miarch
1, 1034, a list of such operations or occupantions. In any S~tate an
empl~loyer3 shall be dleemed~ to have comnpliedl w\ith this provision if he
shl~~l have on file a certificate, or permit duly i~ssued by1! the authority
in such State empoweredcl to issue. employment. or age certificates or
permits shlowinlg that the employee is of the~ requ~iredc~ age.
2. Emp~loyTees shall have thie right to organize and bargain col-
lectively through repr~esentativesj of their ow~n choosing, andl shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the deesignation of such representatives or
in self-or~ganizationl or in other concerted activities for the purpose
of collective bargaining or other mutual aid~ or protection.
3. No employee and no one seeking emlploymnent shall be required
as a, condition of employment to join any company union or to
reframn from jommig, organizing, or assisting a labor organization
of his own choosing, and
4. Employers shall comply with the maximum hours of labor,
min imuml rates of pay, and other conditions of employment
approved or pretscribed bythe President.
5. WIithin each State thsCode shall not sulpersedle any laws of
such State imposing more stringent reqjuiremenlts on employers regiu-
lInting thne age of employees, wages, hours of workr, or health, fire,
or general working conditions than under this Codle.
6i. Employers shall not reclassify employees~ or duties of occup~a-
tions plerfo.lli~rnw by clllployeecs so as to defeact thle purposes of the Act.
7. Ea:chl emplloyer sharll post in conspiculouls places full copiets of
this Codec.
8. No p~rovisions in this Code shall supersede provisions as to
hoursl, wages, and c~ondTitions of employment wvhichn are established
by Inh~or agreement s now~7 inl force where the wagEes are higher or the
hlolr~s of labor are shtorter, or both, than~ are those set fort.h in this
Co(de rnless the employees require the termination of. such contracts.
9. An emlployer shall so adlminister wlork in, his cha-rge: as to pro-
vide a maximum practicable continuity of employment for his
personnel. The Code Author~ity shall submlit a plan for the approval
of the Admninistrat or on thre regularization of emnploymient and
stabilization of em~lployees in the industry. Thiis plan shall be sub-
mnitted b~efor~e Fieb~ruar'y 1, 1934.
10. N~o employer shall know~ingly employ an employee for any
time which, whlen to~talledl with that of another employer in this
industry, exceeds the maximum hours herein prscribed.
11. Every employer shall provide for the safety and health of his
emplloye s at the pine7e and during the hourls of their employment.
Standurdls for safetyg and health shall be suibmitted byr the C~ode
Authorrity to the Ashniiinistr~ator within six (6) months after the
effect ive da3te of this Codle.




479


AwrIC.Icu `VI -ADMKINISITRBTION

To fur~ther eff~ctante the policies of the Act, a Code*A~uthorit~y is
hereby conlstituted to cooperated with the Admlninistrator in th
administration of this Code.
1. Organizationl and ~ons~titu~tionl of Code A~uthlority:
(a:) The C'ode Authority shall clonsist of five individuals, or such
other numlber as mayc~ be approved from time to time by the Adminis-
trator', to. be selected as her~i In fterl set for~th. The Admll~inlist rator, in
his discretion, mry app~oinlt not more than three additional mIembler~s
(without vote) to re~r~esent the Administrator or such groups or
interests as may be agreed upon without expense to thte Indurstry.
These appointments to be made so that the terms w~ill explire sixr (6j)
months apart, and suchr a:pp~ointees shall be given notice of and may
sit at all meetings of the Code Aulthorit~y.
(b) The fiv~e individuals to be chosen by the Industry shall be
elected at a meeting of the entlire industry, such meeting to be called
by the Nlational ]Refrigerator Mannufacturers Association ~within. five
days after the aypprovnl of t~his Code. Notice of such meeting shall
be sent to all known members of the industry. All members of this
industry shall be entitled to one vote, said vote to be cast in person or
by! Proxy. Memlbe rs so elected shall serve for one year, at the enrd of
which time there shall be another election conducted in the mannerl as
above set forth. If, however, in any case, by reasons of conditions
peculiar .to the Industry, selection byJ thfe Industry is impossible, it
mnay be pr,1ovidedc that appo"intmelnt shall be by the Precsident. Vacanl I-
cies occurring during the year shall be filled by unanimous vote of thne
SUPVIVInrr IunemOOFS.
2. Me~mber~s of the Industry shall be entitled to participate in an~d
share the benefits of the activities of the Code Authority and to
participate inl the selection of the membelhrs thereof byT assenting to
an~d comply~3ing w7Cith. the requirements of this Code and sust~aining
their reasonable share of the expenses of its administration. TIhe
recnsonabjle share of the exspenses of admlinistration shall be deter-
mined byr the Code ASuthnority, subject to review b.y th2e Adminilit ra-
tor, on the basis of volume of business and/or such other factors
as may be deemed equitable to be taken into consideration.
3. The Code A~uthority shall be chlargedc withl the supervision,
administration, and enforcement, of this Code and may adopt such
rules and take such action and conduct such investigations as mlay
be necessary to effectuate this Code, and to that end may establish
commit.teesr and p~rescr~ibe such duties, rules, and regulations as are
de~neme ne~cessary to carry out the purpo~ses of this Code.
4. No member of the Code Authority shall act in any matter in-
volving a mlember o-f the Industryr by whom he is employed or -with
whom he is associated or affiliated.
5. In order that the President may be informed of the extent
of observance of the provisions of t~his Cod~e and of the extent to
which the declared policy of the Act is being effectuated in thne In-
dustry, the Clode Author~ity shall make slc~h reports as the ~Admin-
istrator mnay require, and each !lmtembe shall mlake such reports to
the C7ode Authority periodically, or as often as it may dlirec~t, on
wages, hours of labor, conditions of employment, number of em-





4810


ployees, production, shipments, sales stocks, prices, and other mat-
ters pertinent to purposes of this Code as the Code Authority
may require.
6. Subject to the approval of the Administrator, any informa-
tion submitted by a member to the Code Authority shall be subject
to verification by an examination of the books and accounts and
records of such member by any person (not connected with the
Industry) designated by thle Code Authlority, and shall be so verified
5i the Code Auth~ority shall require it.
7. TIhe Code Authority shall appoint a Sec~retaryr and any and
all information reqluested by the Code Authorityr shall be filed with
the Secretary and deemed confidential and shall not be divulged
to any mlember of thTe I[ndustryT except inr summary,, but shall be
avanilable? to the Administrator upon request.
8. In addition to the information required to be sulbmit~ted to the
Code Authority as se~t forth. in this Article, there shall be furnished
to government agencies such statistical infor~mation as the Adminis-
trator m~ay deeml necessary for thre p~urposesc recited in Section 3 (a)
of the National I~ndustrial Recovery Act.
9. The Association shall (a) impose no inlequitable restrictions on
membership, alnd (b) submit to the Admninistrator true copies of its
articles of association, bylaws, regulations, and any amendments
when mIlade thereto, together with such other information as to
membership, organization, and activities as the Admninistrator may
deem~ necessary to effectuate the purposes of the Act.
10. In order that the Code Authority shall at all times be truly
representative of the Indlustry and in other respects comply with the
provisions of the Act, the A~dministrator may provide such hearings
as he may deem proper; and thereafter if he shall find that the; Code
Authority is not truly representative or does not, inl other respects
comply with the provisions of the Act, may require an appropriate
mnodification in the method of selection of the Code Authlorty.
11. Anry actions of the Code? Authority shall be subject to review
anld disapproval byg the Administrator.
12. It shall be the duty of fthe Code Aiurth2ority to adopt and pre-
scribe through the channels of the Association m~inimumii standards
of performance for each of several grades of ice :refrigerators. In
the development of such~ standcardr;. the said Associntion shall cooper-
ate wTithl the Sectional Commnittee of the Amler~ical Srtandards Associa-
tion, on Standards and Sp~ecifications for Re~frige~rators.
.ARTICLE TV1l1- TRAUDE PRACTICES

T~he following practices constitute unfair methods of competition
f~or members of the Industry and are prohibited:
1. False Mark~ingc or Bralndrinl.-Thee falser marking or branding
of any product of the industr-y which has the tendency to mislead
or deceive customers or prospective customers, whether as to the
gfrade, quality, quantty substance, character, naturre, origin, size,
finish~, or preparation ofany products of th industry or otherwise.
C. Mierr'cpre~sen tation or Fallse' or M1islcl'leading. Advert~ising..- The
manking~ or causing or permitting to be made or published~c any mate-
Fially Tfltse, inaccurate, or deceptive statement by way of advertise-





481


ment, or otherwise, whether concerning the grade, quality, quaniti~y2
substance, character, nature, origin, size, finish, or preparation of
any prod-uct of the inrdustr~y, or the credit terms, values, policies, or
othlerwise, having the tend~ency or capacity to mislead or deceive
customers or pIrospecctivec customers.
3. Comiinwrc')Cia2 BribCery.-No memibe-r of the industry shall give,
permit to be given, or dlirectly offer to grive, anything of value to-r
the purpose o~f influencing or rewarding the action of any employees
agent, or representatives of another in relation to the business of the
employer of such employee, the principal of such agenlt, or the rep.
resented party, without the kn~owledgep of such employer, principal
or party. Clommlercial bribery provisions shall not be conlstrued~ to
prohibit free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for
commercial bribery as hereinabove defined.
4. Interference with Contractu~al RelationeL.--Maliciously inducing
or attempting to induce the breach of an existing oral or w7pritten con-
tract between a competitor and his customer or source of supply, or
interfering w~ith or ob~strulcting the performance of any such con-
tractual duties or services.
5. Secret R~ebat~es.--The secret payment or allowance of rebates,
refunds, commissions, credits, or unearned discounts, whether in
the form of money or otherwise, or the secret extension to certain
purchasers of the same class special services or privileges not ex-
tenrded to all purchasers on like terms and conditions.
6. Giving o~f PrizeRs, Pi4;remum, or G~ifts.-The offering or giving
of prizes, p'remiums, or gifts in connection withl the sale of products
or as an inducement thler~eo, either directly or indirectly, or by any
scheme which involves lottery-, misrepresentation, or fraud.
7. Defamation.--The defamation of competitors by falsely im-
pultingr to the~m dishonorlable conduct, inability- to perform contracts,
qulestionable credit stand'iing, or by other false rep~resentations or by
th-e :false dlisparagemnent of the grade or quality of their goods.
8. Thr'eafS of Litigation.~- Th~ke publishing or circularizing of
threats or suits for infringement of patents or trade marks or oP
any other legal proceedings not in good faith with the tendency or
effect of harassing competitors or intimidating their customers.
9. Es~pionarge of Competitors.--Securig confidential information
concerning thle business of a competitor by a false or misleading
statement or representation, by a false impersonation of one in
authority, by bribery or by any other unfair method.
10. Pilracy of Trade~c Mark~Xs and Trade Names. -The imlita~tion of
a trade mark, trade name, slogan, or th other marks of identifica-
tion of a competitor, ha~vi~ng the tendency and on pa city to mislead
or deceive.
11. Other Untfair Pra~ctices.-Nothing in this Code shall limit the
effect of any adjudication by the Courts or holding by th~e FEiederal.
Trade Clommission on complaint, finding, and order, that any prac-
tice or method is unfair, providing that such adjudication or holding
is not inconsistent with any' provision of the Act or of this Code.
18. Selling below cost, except as provided in Article VIII,
Section 2.





482


Cost sha~ll boe the sum of direct material, plus direct labor, plus
manufacturing burden.
Manufacturmg burden shall include:
(a) ea~t, ligh1it, power.
()Repairs on machinery and equipment, buildings and fixtures,
power plants, trucks, furniture,- and fixtures.
(c) SalaLries of foremen, superintendents, receiving clerks, janitors,
elevator operators, night watchlmen, and other non produ ctive
workers.
(d) Supplies and sundries.
(e) Casualty insurance or compensation, to injured wvorkmen. It
shall not include depreciation, taxes, insurance other than casualty,
interest on investments, interest or charges on funded or other debts,
reserves of any nature unless the Code Authority, writh the approval
of the Adminlnstrato, ~finds it necessary to include these or any other
items in order to determine thne full cost.
13. Selling their product on a basis other than F.O.B. their
factory except as specified in Section 14 of this ~Article.
14. Selling from warehouse stocks at prices less than those incor-
poratedl in Article VIII of this Code plus full transportation costs
from factory to such warehouse.
15. Selling on other than standard te~rms~-Standard terms shall
require payment in cash within thirty (30) days from date of in-
voice. If desired, a discount of twPo (Sg.~) percent for cash within
ten (10) days from date of invoice may be extended. In all ship-
ments between December 1 and April 1 Inv-olces mnay be dated April
-b and such, invoices maY be subject to the cash discount if paid
by Api 0adt nicipaio dicunt of one half of one percent
(1/2 of 170) per month if paid before that time, or for payment for
an entire preceding month's invoices on or before the 10th of th
following month.
16. Guaranltee prices against future advance or decline.
17. Consign goods except under such, formal contract forms as
mayT be ap~proved by the Code Authority.
18. Each manufacturer shall tag or brand each ice box showing
usable storage space (stated inl cubic feet), and the ice capacity
stated in. pounds.
19. There shall bec no discrimination in prices bet.w~een buyers of
the same class, for products of the same grade, quantity, and quality.

ARTICLE VII[I[-FILIN;G OF PRICE LISTs, DISCoUUST SHEETS, ETrO.

1. Each member of the industry shall be required to publish on
the effectivec date of this Code, and to file: w~ith the Code Authority
within fifteen days of the effective date of this Code, hris price lists,
discount sheects, price sheets or Fprice qluotations, and each member
of the industry shall adhere to his own published prices so filed, and
no products of this industry shall be sold at a price less or at a dis-
count gr~eater than pr~ovided by the price lists, discount sheets, price
sheets, or quiotations on file with the Code. Authority as herein pro-
vided; unless~ and until such price lists. discount. sheets, price sheets,
or price qu~otations have been amlendel andc filed with the Ciode Au-
thority ten dayrs prior to thie date, upon which such amended price





483


lists, discount sheets, ~r~icer sheets, or price quo-tations~ shall become
effective.
e. Obsole~te and surlpluls stocks, dec-signate~d as "' closeouts '" or ob-
solete m~odels ", which mlusit be conveterte into cash, malry be sold at
such prices and at such times~ as are necessary to move su1ch1 mer-
chandlise. pr~ovided all such stocks are first rep~orted to the office of
the C'ode Aurthocrity and dispo ed~ of, subject to the approval of said
Cole Authiority'.
ARTIC.LE IX-3foovIC.-\Trox

1. This Code and all the provisions thereof are expressly mnad-e
subject, to the right of tlhe Pre~sident, inl ac~cordatnce with the provi-
sions of subsectionl (b) of Section 10 of Title I: of the National
Industrial Recovery? Act, from~ time to time to cancel or modify
anyT order, approval, license, rule, or regulation issued under Title
I of said Aict and specifically, but without limitation, to the right of
the Pretsident to cancel or modify his approva\l 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
rmodlifie~d on the basis of experience or chanlgres im circumstances, such
modification1 to be basedl upon application to the Administrator for
app~roval andl such notice and hearing as he shall specify.
A RTIC.LE X----ATNO~PO.IES, ETc.

No pr~ovrision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to elimninate, oppress, or discrimi-
nrate against small en~terprises.
ARTICLE XI EFFECTIVE DATE

This Code shall become etlec~tive on the tenth day after its ap-
proval by the President.
Approvoed Code No. 183.
Registry No. 1328-1-01.




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