NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION~
CLAY MACHINERY INDUSTRY
Pbr sale by the Superintendent of Documlents, Washington, D.C. - Price 5 cents
Approved Code No. 343
Registry No. 1399-45
AS APPROVED ON M ARCH 17, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign andDobmestic Commrerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office B~uilding.
Birmlingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North We~lls Street.
Cleveland, Ohio: Chamber of Comnmerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 801 First N~ational Bank Building.
H-ouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, F'la.: Chamber of Commerce Building.
K(ansas City, Mo.: 1028 Baltimore Avenue.
Los A~ngieles, Calif.: 1163 South `BI~~roadway.
:Loui\ville, Kiy.: 406 Federal Building.
Memphis, Tenn.: 229 Federal Buildling.
Minneapolis, Mlinn.: 213 Federalc Building.
Ncen Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Comnmercial Trust Building.
Pittsburgh, Pa.: Chiamber of Comnmerce Building.
Portland, Oreg.: 215 New Post Office B~uildling.
St. Louis, Mlo.: 506 Olive Street.
San Francisco, Calif.: 310 Customnhouse.
Seattle, Wash.: 809 Fedral~:l Onice Buildinlg.
Approved Code No. 343
CODE OFi FiAIR COMPETITION
CLAY MACHIINJERYT IN~IDUISTREY
Ats Approvled on M/arch 17, 1934
APPROVINGc CODE OF sAIR COMPETITION FOR THE CLAY ATACH~INERY
An application having been duly madte pulrslonnt to anld in full
compliance with the provisions of Title I of the National Indcustr~ial
Recoveryr Act, app~rov-ed June 16i, 1933, for approval of a, Code of
Fair Competition for the Clay Manchineryy Industry, andlr hearings
havinIg beenr duly held ther~eonl and the alnn~exed report on said Codte,
containing~ findings with respect there~cto, havingi been made andl
dir~cecte to the President:
NOW, THEIREFORE, on behalf of the Presidenlt, of the United.
States, I, Hugh S. Johnson, Administrtrato for Industrial Reclovery,
pursuant to authority retsted in m~e byr Executive Orders of the
President, including Executive Order No. 65i43-AtS, dated D~ecember
30, 1933, andl otherwise; do hereby .incorporate by r~eferenlce said
annexed repor~t, and do find that saidl Code complies in all respects
with the pertinent provisions and will promote the policy and
purposes of said Title of said Act; and do hereby order that said
Codfe of Fai'ir Comnpettitonl be and it is hereby approved.
Hoonclt S. Jor-nwson,
Adi l n -istl'raor fo lI industrial Recove~ry.
Approval recommended :
A. R. GLANCY,
REPORT TO THE PRESIDENTT
Thie White Houjl~l.v
rSIn: This is a report on the C~ode of Fiair Comllpetition for the
Clay Marichlinery~ IndusltryS as revised after a Public Hecnring hleld in
Wash~lingto n~ on the 8thl day1 of Jalnuaryr, 1934, in accordlance with
thne provisions of thre ~JNatiolnal TIndutrial 1Recovery3 Act.
PROVISIONS AS TO HOUR~;lS AND WF~AGIES
Emlo~,1:yment is limnitedl to 8 hours per day and 40 hours per week;
withn the exception of employees engagedl in emere ncyc~i 3 Ilunmtenance
alnd/07r rep~air work or on emergencies ocensionedc~ by peat~k p~roduction
All over~timelc in ex<~ ess of 8 hours per day or 40 hours per wetek
-will be paid for at one andl one-hanlf times the~ nor~mal rat.
Mnr~llimu wages of 40 cents per hour are establishedd, except for
cler!ical emplloyet who sha~ll receive not less than $13.00) per. week.
Femlelll employees~ performing sub~stant~ially the samne worki as male
employees wvill r~eceive the same rate of. pay as mafle emloyees and
where they dlisplace men they will receive thne sam~e rate of p~ay as
ECO'(NOIMIC ETFE(.TS OF THEF CODlE
Unde.lr thle prov-~cicions of this Code, estiirnartes for 10:34, basedl o
operat"ionls for thre first two mlcnths, sh;1 ow an increased; in emlploymnent
of applroxulnately 30%, aInd an S~rincrase, in the averagec weekly wagerf
Then Indls~try,' complrl.'ising( approx'(~ imatlely 20 firmsl~ habs an inv-estedl
capital of nhanlt. $4~,000,r.00rl, and1 anr average annual .scles vo.llllume of
Thel D~eputyr Administratollr in. his finall reporllt to) IInC onl s.maid Code
having found as herecinl. set forth and on1 the~ bas~i.- of all the~ In-a--
I. find~ that :
po~c.-;e of Title I of the Nationl:li Indusltrial Re~'(\Covery Ct, inc'lluding
reoalo 0.1mtiosto the :fr~ee fowV of inl~l.;~terstate and fol'ireig
ccolnllercve which tend to dliminish the Ill~llf ninw itl(L) thereo an ill
prov'\ide for the general':1 we"Clfar'e by prmnatlline-l theoraiztono
18(str U ~f OF n I 0 p~i-l'fsm OP (*rfl fllll.lf. ;I(' Ilall :1IIlloi the trade
groIIp. Ji ]inl(i r~ 110 11 1 H I ll i rl:irld ilP I @ 111111 :14iriill Of 1:111 IIST ill
III;1 Il;I(~ isI ll1I11 Ullil of :I1.110 1. li l(** ,\.ll-fllll *~ll 'd!1 .-;1lt'llulls 11III **-lif)0F*
vision, by elimiinating unfair competitive practice, by promoting the
fullest possible utilizationl of the pIresecnt produlctive capacity of
industries, by avoiding -undtue restriction of production (except. as
may be temporarily reqiuir~ed), by increasing the consumption of
industrial and agricultural pr~oductss thrlough~ increasing purcha~inlg
power, by reducing and relieving ulne~mployment, by mrvn
standards of labor, andt byT oth~erwise reh~abilitating~ in dustry.
(b) Said Industryr normally employs not more than 50,0i00 em-
ployees; anid is not c~lassified~ by me as a major industry.
(c) The Code as alpp~,\rove co~mp-lies in all respects with the per-
t~inenlt p~rovisio-ns of said 'Title of said Act, in?lu~inlg without limlital-
tion Subs~ctionll (at) of Section 3, Subsection (a) of Section 7, and
Sjubsection (b) of ~Sec~tionl 10 thereof ; and that the applicant grIoupl
is an industrial association truly rl-epresetati~ ive of the afolresidl
Industry; and tha~t said associationll imlposes no inequitable restric-
t~ionls on admission to mlemb_~ers.hip~ thlerinl.
(d) The Codle is not dlesignled' to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to andl will not eliminate or oppret-`;ss
small enterprises and will not oper~ate. to discriminate against
(f) Those: engaged in other types of th~e economic process have
not been depr~ived of the right to be heard prior to approval of
Fior these reasons, this Code has been approved by mie.
Huan S. JoHNSON,
M\annH 17, 1934.
COD)E OF FAIR COMPETITION FOR, THE C~LAY
ARTCLE I -FERPOSES
To effectuate the policies of Title I of th National Industrial
Recovery A-ct, the following1 pro-visions are established as a C~ode of
Fair Competition for th-e Clady Ma~chineryS Industr~y, anrd shlall be th~e
standardslc of fair competition for such indulstry1 and .sha~ll be binding
upon evcry memiiber thelreof.
SEC.TION 1. The termn Clay hAcltiineryy Industry "", o' L" InduIIstry ~",
as usdc~ helre~inl, mleansl and inchidesr- the manulfacturel~ and. 'or sale by
the mafnufacturer1 of power drivent~r or hand operated marchinesi used
for the prepare:''" t ion or processi ngf of any clay body or -for thle forming
of samel into brichi, tile, sewer pipe, tablewsarez, or other ceramic
SCEenTox 2. The termii Emplloyee ", as used hlerein. inlcludles anyone
ellgagedl in the industry in any capackily receiving rlncmpensatin for
his s~ervices~, irrespectiveiv of the rnatur~e or melthlod of p~aymlent of such
SECTI"ON 3. The terml Employer ", as usedc wherein, inc~ludefs anyone
by whomu any -iuchl employee is comrpe~n.4acted or emnployedl.
SECTION 4. Thle terisI rlelllber of the lIndusitr'y ", as used~ herein,
includes~ anyone engagedc in the indusltry3 n abovri\e cefinedt, either a~s
an empllloyer~r or' on his owsn bechalf.
SECTION 5. The termt Member~l of th2e Cod,:e "', as used~I hcre~in, in-
clinde anly MlemberI of t~he Indlustry wvho shl~n1 tll ep.c~ly signify
a~ssnt to this Code.
~SI:.i-:enox G. The termz '" assoe-cintiot n "', as 1uI-1 Il erein, meansI1 theit Clayr
SECTION 7. 1Ihe 1terms1C ( Pro ~ient ", "A~Ct ), anCI 'L.\llin~fInistrato )1)
as 1III herel'inl, mean re poe~lltively tln- P~rc'.-clet of the Unitedl States
ofi Amer'lil':. Title I: of thle Nationalll Industrial Rtecovery! \c~t, and1I thec
AldmninistraLtor for ]Indu~strial Recovery.1'3 underfZ Salid A~Ct.
Sl:< nlOx 1. No empla ce3!~1 shall lo- plermitted to wvork in- excsls of
cighlt (8) ]oril.< mn any oneI( day, or in xcesCis of farty (40i) hour.,I' in
in any oner wro~(k. eceptcl' as hlerein oltherw\2ise pins' ided~:
D~ulring! any p''riod' in whiich a ('ili..ll.ntrate <~11einan.1 upon,1 any1!
( lY Oilli of til 0 1107114 IT 1;I'('m fi11 111111-1111 i11( ft'lllynni ff lift 011'
for lfif~lltis irlms I1I(nIi f~ Bl.li G Ifilow. :InqY tIlIII lyO!.I Of .wi1 ld I 4 J>I(GII
Jlulty be perniitteel to n11-urk not: 1II, (nre th n ferllt\--ci ghtL (48) Its tr.-, per
w~eeke in not more thian sixr (6) weeks in any six (6) Incnths' period,
provided, however, that, time and one-half the Illnorml ra;te! shall be
paid for all hours worked in excess of eight (8) hours in any one
day or forty (40) hours in. anly one wrelek.
There shall be a toleralnle of ten per cent (10%c) for stocks and
shippIing; clerkrs, a7nd delivery employees, provided, however, that
one and one-half (~1%) timles the Illnorml ra~te shall be paid for all
hours wnorkeid in excess of eight (8) per day or forty (40) per w~eekr.
T~he provisions of this _Art icle shall not apply to traveling sales-
men, or to persons employedr- mna Ilnuingerial or executive capacity
who earn not less than thirty-fi~ve ($35.00) dollars per weekr.
The maximum hours :fixedl in Section 1 shall not apply to any
employees on lemegrgencyv maintenance or emergency repair work in-
vol~ving breakrdow;ns or protection of life or property, but in any
such special case, at least one and one-half (11/2) times his ormloll~
:rate shall be paid for hours worked in excess of eight (8) per day
or forty (40) per week.
SECTION 2. Nio employer shall work anyv accounting, clerical, serv-
ice or sales employee more than forty (40) hours per week nor more
than eight (8) hours in any one day.
SECTION 3. WIatchmen shall be permitted to work not more than
forty-eight (48) hours pei- weekr and not more than. six (6) days in
an.v sevc~en (7) day p'er~iod.
OECTION 4. No employee shall work or knowingly be perm~ittedl to
workB for a total number of hours in excess of the number of hours
prescribed for each week and day, whether employed by one or more
Sempoyers. N ml3"" a ei
SECEN 5 No mplyeeshall be permitted to wor'k: more than six
(6) days in~ any se~ven()dypeid
ARTICLE ITJ- BAGES
SECT'ION 1. The minimum wage that shall be paid to any employee,
unless otherwise provided, shall be forty cents (40$) per hour. This
minimum wnagee shall apply to common labor or totally unskilled
labor. Other classes of labor, including piece workers, shall be
compensated at rates above this minimum.
SECTIO 2. All emlploy'ees mentioned in Section 2 of Article III
shall be paidl not less than fifteen dollars ($15.00) per week, except
as hereinrafter provided.
SECTION 3.. Offce boys and girls or messengers, not exceeding five
per ce-nt (5%0) in number of the office employees of any employ-er,
provided that any employer having less than twenty office employees
shall have the right to employ one office boy, office girl or messenger,
and provided further that the mrJinimuin wage that shall be paid
to office boys and girls or messengers s~hall be not, less t~han eigrhty
per cent (80%~') of t~he minimum wage: stipulated in Section 2 of
this Article IV.
SECTIONr 4. No employee of the classes mentioned in Section 2
of Article III nows receiving compensation at a rate in excess of
thce mrinimum provided in. Section 2 of this Article IV7 shall have
his compensation reduced on account of any reduction in the weekly
hlours of emnploymentt madc~ to confojrml with the requirements of
Sc~ctolon 2 of Artjicle III.,
SECTION 5. Where emlployees'Y weteklyl earnings on piece work
dividled~ by t~he moubller of hours w\~orked, prodce a resullt less than
the minimirum wvage ~tipulated in Sectionl 1 of this Article IV, such
earnings .shllnl be so adcjus~ted as to conform with~ the aforesaid
SECTION 6. The rautes of coniplerisation on whatever basis comi-
pu~lted~ of all employee Treceivingr more thanl the minmu herein
presc~cribedl, shall beMi equlitbly ~re-adjusted byr all emlployvers wlho have
not hereitofore nuade FIuchl re-ad~justmlent; provided, however, that
in~ no case shall hourly or piece rates be reduced Reports concern-
ing the? notion taken wvhethetr prlior to or after the date of approval of
this Code, shall be reported to the C~ode Authority and to the Ad-
mlinisjl~trato not. later than thirtyv (80) days after the effective date.
SECTION 7. This Article c-stablishes a guaranteed rate of pay per
hour of emnploymelnt r~egardless of whether the- emnployree s comlpen-
sationl is based! on1 a time rate, a p~ic~e orkcrl perfo~rmance or otherwise.
AzerCL, T7- GENERAL LABORI PROV\ISIONS
SECTDON f- NO p~ersoc n u~nd~er sixteenl (16i) years of age shall be
emlployed~ in the industry, nor any)onec under eighlteen (18) years of
ag~e at operations or o~cculpations hazardaous in nature or dletriment~al
to healt~h. The Codle Author~ity .shall submit to the Admninistrator
within ,~~Sixty (60O) days8 after thle effective date o~f this Clode a list
of uchopeatins r ocuptios.In. any State: an empnlloyer shall
bec dleclrled to ha-ve, complie~d w~ithl this p~rovision if he shall have on
file a certificate or permit du~ly issued bJy thze authority in such
State empowered~.l~~l to issue emnployme~lnt. or agre Cer'tificate~ or permits,
show\\ing th~t, th-e emlo~l~yee is of the required age.
SeFCTctra 2. Azis requjlired' by rScitionl 7 (a) of the AIc~t, it is hlereby
(a) Thant. Olmpllloyees .
be free froml th~e intelPrfelrec, Irestraint, or coercion of emlployers
of labor, or their aIgenlts, in thle dlesignation of surch representatives
or in self- organ"i zat~rio or in other~i cncrcc~tted activities for thle purpose
of ecolle~ctiv-e bargairinng or other mlrtunal aidl or protection.
(b) No employee andi no one .seeklinrr unemployment l shall be Irquiredl
as a condiicltioni of ~nliploymenlct to join any com iilany\ uInion or to
of hiis own choo.,csing.
(c) EIpleopS.c' .shalll <-orislply wC~ith thle max9iniunt ouI~r~iS of labor,
orI pres'.ilcribe by thet Prce-blelt..
I(TON 011dl Pil@V0M Wfolitngwil).tanialythe same
Wo.rl.] RSt: Il le cllijiinyte- LI;1 Ulli revole fIle-11 110 0lr\ I 0l (If IpHJ RS 18810
hall wPithlin nlinel~y (!L0) (1lay- :oftcer thc effective dlate of thiis ('ode,
Industry in \\ichih bothI1 nu-n11 mul~ wate(nCI are: emloyed.!. i(1
SECnIoPU 4. A~n employ~r shall mak~e paymllent of all wages due in
law~ful currency or by negotia~ble check therre~for, payable on demand.
Thlese wages shall be exempt from11 an~y payments: for p'ensions~, insur-
ance, or sick benefits other than th~ose voluntarily paid by the wage
earners, or required by3 the lawn. Wages shall be paid at least at the
end of every twFlo weekls p~eriod, and. slarIies at lea~st. at the end of
every month. No emlploryer shall withhold wages. The emplloyler
or hlis agents shall accept. no r~ebates directly or indir~ect~ly on such
wanges nor gi~ve anything of value or extend favors to any person
for the purplose of influencing~ rates of waiges or the wollil~rkn condi-
tions of hris empnlloyees~.
SEC.TION 5. No~ prlov'isionI in this Article shall mnodify established
p"ractices- or privileges as to vacation pe~r'iod's, leaves of absence or
temporary absiences froml wCorkI her~etofor~e granted to office. employees.
SEC'TION 6. EveryS emIployPer shall make r~easonable provision for
thle safety and health ofE his emloyeeis'c at the place anrd during the
hourIs of their employ ment. Stalndards for safety and~ health shall be
submitted by thle Clode Authority to the Adminlnstrattor for approval
within six months after~ the ef~ective- date of trhis Code.
SEcTION "I. No employers shall r'eClassify employees or duties of
occupations performled or engage in any other s;ubterfuge for the
purpose olf defea~ting~r the purposes or p~rovisionsl of th~e Act or of
SECTION 8. Within each State~ this Code shall not sup>ersede any
laws of s~uch1 S~tte imposing more stringent requirements on eml-
ployer's regulating th~e ages of employees, wages, hlour~s of workr,
or heallthl, fire or general worktingr conditions tha~n a~re imp~osed under
SECTIO N 9. Each. emnployee r shall~ post, anld thlerea~fter malintain, in
c~onspicuou~s places acce~ssible to employees full copies of this Code
and any nmndmirrents or mlodificationis which may later be applroved.
ARTICLE VI -A R nanws'IR.INo
'fo furthler efftec~taite the policies of the Act a Code Aurtho~it~y
is hereby constitutedl to coopetrate writh the Aimninistraat or in the
administrations~ of thiis Code.
Snrrow 1~. OrgO~aniztion and Coi~stitut~oio of Code A~uthorityi~.--
(a) The Code ALuthor~ity shall consist of threeo (3) mIiembers of the
Association elected by thle members of the Association and two (2)
representative~ of mIlemlbers of the? Indus~tryS wmho are nlot members
of thle As oe-intiojn, prooviding they desire suchl r~epr~ese~ntationl, and
signify their willingness to pay their pro-rata share of the cot> of
admuinistering this Code. Thie representatives of the non-mnembers
shall be elected by the no~n-memlbers in any fair manner approved by
the Admin ist rato~r. The Administrator, in his discretion, may ap-
p'oint nlot mlore~ than three (3) addtitional memllber~s (without vote) to
represen" t the Admninistrator, l or such groups or interests as he may
SEenIox 2. Ench trade or industrial association dlirectly or in-
direc~tly pa~t~icipati ngr in. the selection or activities of the Code ~Au-
thlority shall: (1) Imapose no inequitable rcstr~ictions~ on mnember-
ship, and (i2) submit to the Admninistra~tor true copies of its articles
of Assoc~iatio-n, by-laws, regulations, aInd anyv amendments when
made there~to, toPet~her withn such other~l infori~iation as to mnember-
ship, organizatiojn, andl activities as the Administratorl mayr deemn
necessary to e~ffectua~te the purposes of the Act.
SECTIONu 3. In border! that thre Code Atut~horit~y shall at. all times
be truly represe~c ntative1 of th~e industry and in other respects comply
wCith the provisions of th Act, thre .Administ rtat.or mlay p~rovide
such hleringsllv as he maiy deemii pr'opeI; and th~ereafter if he shall
-findl that the Code Authority is not truly re~preseItnttiv'e or does not,
in other rIespecits comply with. the prov,\isions of the AXct, mnay re-
quire an appropriated~ mlodific~ation in. thre method of selection of the
SccTrow 4. The Code Authority shall have the following duties
and power1s to the exte~nt. permiitted; by the Act;
(a) To collect from membersl~ of teIndustry all dlat.a, reports,
aInd staztistic~s when arnd as required by the Presidlent. andl,or the
Admlinistrator and/or their agent, or agents; also to collect such
d~ata, reports, andt statistics, subject to thre ap~prova~l of the Admllinis-
trator, as may be required ftrom time to time by the Code Authority.
All such informaltio~n shall be confidential. Such data. as may be
requlestedl by the Adminirrstrator shall be mad~e available to himn.
Reports submitted by the Codle Aut~hor~ity to the President or th~e
Administratorl shall be in. the form prescribed or prov'ided by him.
Nothing in this sub-division shall be consideredl as limiting thre
powers conferr1edl on? the President or the Administrator by T~itle I:
of the Act.
(b) To require from the memb~ers of the Industry reorts re-
gardling prices, or prices and discounts on closed transactions, or
such other~l pertinent data on closedc trannsactions as in its opinion
may be necessary to effectuatte th~e purposes of thre Act, and mnay
publlish the same should such. procedure be dree~med advisable.
(c) To replresent, the Inrdustry in colnfer~ring with the President
or his agents withn respect to the aldministr~ation of this Cod~e and
in r~specct of th~e Act and~c anyT regullations .issuedl thnereunder.
(d) To hear and invesjtiate~ complaints and~ attempt. to adljust the
somei in accordance with such~ rules andl regulations as miay be p~ro-
mulga"tted from time to time by the Administrator.
(e) To co-ordinate the Aldministrationl of this Code w~ith such
cod~es, if alny, as mnay be adopted by any7 sub-dlivision of this Indlius-
try or any related incustr~y, w~it~h a view to providing joint and hlar-
mnonious action on all matters of ommllon interest, all w\ithl approval
of thre Admrlinistrator.
(f) Tlo mnake rules and regulations necessaryy for thie admninistra-
tion of this Codle, subject to thre righlt of any affectedl person1 to
appeal to the Admninijtrator.
(g) To secure from members of the Induistry an equitable and
propor"'tional payment, of thle reasonable expenses of maintaining the
Code A~uthlority andi its aIctivities.
Su~crrmN ;5. An1y noti~fce. (Iemandll or request~~ requlired~ or permitted
to be~ given~( to or to be1 nude11~ upon,1 any nIenther)C1 of thie Industry shall
be a~tticicently gciven if munledl~c. pos~tnere prepal'id. addrllessed t'o suchl
,Icnwber r of the Indus~try, at his? nmidress~ on file w-ith the Secretary of
thie C'ode Auithority.
SECTION 6j. PMembrs -of thie Indu~str~y shall be entitled to part~ic~i-
pat~e in and share the benefits of the activities of the Code Authority~
and2 to participate~ in the selection of thre members thereof by assenlt-
in to and comply~ing+ writh the r~equiremecnts of this Code and sus-
taining their reasonable sha~e~ of the expenses of admlinistration.
Tahe reasonable shar -of thne ex~pensets of its adm~inistrationl shall be
determined by thle Code Author~ity, s-ubject to review by thle Ad-
mlinistrator, on the basis of volumell of business andi/or suchn other
fa~ctor~s as mayV be derlemed equitab~le to be taken. in~to consideration.
SECTION 7. ~In alddition to the in forlmato ion required to be submitted
to thle Code Authlorityr, there shanll be furnishedl to gov\er~nment
agencies suich st~atistical information as theo Adminillstrto r may deem
nece~ssar for thle purposes recited in Sectionl 3 (a) of th~1e Act, p~ro-
vrided that nothing helrein contained shall relieve anly person of any
existingr obl~ligationls to fulrnishl reports to governmentil agencies.
rSE6CTION 8j. Nofthingr contained in this Code shall constitute the
mlember~s of the Code~ Authority parltner~s for any purpose. Nor
shall anyl memlbe r of the Code A~uthor~ity be liable in any mainner to
anyone for a~ny~ act of ainy other nuembler, officer, agent, or emnployee3
of the Code Autho~rity. Nor shall an$ mem-lber of the C~ode Autho-r-
ity,: exercising re~asona3bl diligrenlce i the conduct of hiis duties
hereunder, be liable to anyone for anyr action or omrission to .ac-t
u~ndler this Code, except for his owln wilful misfeatsance or
SECTIO~N 9. The Code Auzthorityr shb~all studiy the effect. of the varli-
ous provisions of this Code onl the I~ndustry andl consider proposals
for am~endmllent s or mlodlifications andl make) re~ollnune nd~at.ions from
time -to tim~e therlleonl to the Administrator, which ame~ndmuent s or
modlifications will become effective a~s pa rt. of the ~Code, uponl approval
by the Administrator after such nlotice and hearing- as he may specify.
SECTION 10. If the Administraratr shAll determine thant any action
of the Code Authorityr or anly agecncy\ thereof may be unlfair or
u~njust or contrary to the public interest, the. AJdministrator mnay re-
quir~e that such action be sus~pnende to offor~d an opportunity for
investigation of the, merits of suchl a~t~ionl and further consideration~
by such Code Authority or agency spending finial action, which shall
not be effective~ unless the Adlministentt~ r alpprove s or unless hie shllnl
fail to dispprovre aft~r thirty (30) dayns' notice to him of inten:tion
to p1'Ieroce with such a7ctionl in its original or mlodlified2 forms.
~RTIC'LE TTII TRADE PRACTICESd
S1ECTION. Open'i Pice F;i~ling.-Wi thin fi fteen I (15) dayl!s a f ter the
effect~ive date of this rCodc. achc~ mnembrcl of thle Indcustry shall ifile
with the lode~ Aunthorit~y a c~ompElete list of its c~r~rent pr~ices on
comnpe~titie malrchines FOB Farctory where manufactured, terms and
tradle discounts. Such price lists, termsn andr dliscounlts nu1:y be re-
vised ns conditions require by ling sam with the Code! Autho~it~y.
It ~shaill. be anl unfair m-ethlodl f comnpetiti on for any p~erson to give
any concessions dilrc~tly or indirectly, by any mleans, fromI1 its list
of pr~ic~es, terms and d~iscou~lnts, so~ long ats the same remain in forsce,
anEd no cha~ngfe shllnlbecom~e effective in advanlcei of failing thae Csamle
with the Code Ault~hor~ity) which shall make sulch information available
to all intcrtterese persons.1~
SEICnToN 2. The Code Aul~thiority shall 1nuse to be formulated anl
ac~coun~tinr system and mlethocds of cost findCing and or estimlatingb
capable of use by all membersl~ of the Industryg After such system
and methods hanve beetn formu~lated~ and approved~ b;y thle Adminis-
trator full details conllcrninglr th~em shall be made ava~ilabJle to all
mlemlbplr. Thlereafter all members shallI determine and/or estimate
c~osts in neccord~t an~ce with the principles of such~ me~thodls.
SECTIONu 3. IExcept to meet the selling price of a bonn-fide low cost
producer or impor~ter of p~rrodc~ts of equivalentt design, charter,
equality and/or spedfications, or for the purpose of disposing of
discoc-ntinuled lines or seconds, no member shall sell his products at a
pr,1icet belowp his own cost thereof, costs in all causes to bet determinled
in nco(rdanllce with the system of accounting provided for in Section
2 of this Article.
SECT'IOIN 4. Trad8-in811 A claiicances-Withi thirty (30) d~ays from
the effe~ctiv-e, date of this Code each member of the industy shall file
with the Code Authority a schnedlule of his trade-in allowances on
machines of his own manufacture and those manufacturedl by comn-
pet ibors. Such sc~hedul~es may be :revisedl from time to time by filing
samie with the Code Authority, and shall b~ecomle effective on filing.
It shall be an unfair tl~rae practice for any member of t~he industry
to mlake~ any trade-in allowance in excess~t of those rtipullated in his
schedule on file with the Code Authority.
ARTICLE VIII-UrNFB Im TRADEI~ PRACTICES
Thle following practies shall constitute unfair methods of compe-
tition,~ for members of the Industry and are prohibitedf:
SECTION 1. C;ornmrcllival Brvibery.--No mlembler of the Indlustry shall
give, permit to be
ployee, agen~lt or[ representative of anothler in relations to the business
of the emlployer~l of such employee, the principal of such~ agent or the.
represe~ntedl party without the knowledge of such emlployer, principal
or par~ty. Commercial bribery provisions shall not be! conlstrued to
prohibit free and general distribution of articles commionly used for
adlve~t~ising except so far as such articles are actually usedr for o~m-
me~rcial bribery as hereilnaboe d~efnedl.
SECTEON 2. Defamation1.--The defama~tion of comnpetitor~s by falsly
imuputing to them dishrlornoabl conduct, inability to perform con-
tracts. quiestionab~le credit standlingi, or by other mrisrepresennt tarios
within the tendecncy andi capacity to mislead and deceive purchasers
or ~prfh'~t~o ptive u'rchasrs Ehall be co~nsidered a v-iolation of this
REC'r(:ox 3. SeClret Rebates.--No tIemclber of the ITndustry shall se-
er~etly offrcl or` maIke any paymnS"ct or allowances! of a rebate, recfund,
'omnlli sionl, Credlit. uinearnietl discountll or xCeSCCS allowances, whether
inl theC form of mlcne~y or o~ltherw\ise~, for thle purplose of influe~ncing
special service! or privileges~ not extendedc~~ to all cu~stomelrsi of thle samne
1. This Code and all the prov,\isionls thereof are ex~pressly made
subject, to the right of the President, in. accordance with~the provi-
sionls of s~ubsecc.tionl (b) of Section 10 of the Act, from time to time
to cancel or modiify any order~i, approval, license, rule or regulation
issuedc under Title I of said Act and specifically but without limita-
tion, tio the right of the Presidentl to cancel or modify his approval
of this Code or any conditions imposed by him upon his approval
2. This Code, except as to provisions 1clreqired byJ the Act, may
be modified on the basis of experience or changes in c~ircums~ltances~i,
such modifications to be? based upon application to the Administrator
andc: such notice and hearing as he shall specify, and to become effec-
tive on approval of the President.
If any employer in this Indust~ry is also an employer in any other
industry, the provisions of this Code shall apply to and affect only
that part of the business of such employer which is a part of the
In'duls~try cover~el by this Code.
NJo provision of this Code shall be so applied as to permit monop-
01ies or monopolistic practices, or to eliminatte, oppress or discrim-
inate against small enterprises.
ARTICLE XII -P~RICE INC'REASES
Wher~eals the policy of the Act- to increase real purchasing power:
wvill be made impossible of consummation if prices of goods and
services increase as ranpid~ly as wages, it is recognized that price
incl~reases should be delayed and that, when made, the same should,
so ~far as pocssible, be limited to actual increases in the seller's costs.
Anou XIIIEFFECUTE~ DATE
This Code shall b~el:omen effective on the third Monday after its
approval by the Pr~es~idcnt.
Approvedl Code No. 343.
Registry No. 1399-4L5.
UNIVERSITY OF FLORIDA
AAIIIIIIIII illl li ll 1111111111111111
3 1262 08853 8177