Code of fair competition for the electric hoist and monorail manufacturing industry as approved on July 13, 1934

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Material Information

Title:
Code of fair competition for the electric hoist and monorail manufacturing industry as approved on July 13, 1934
Portion of title:
Electric hoist and monorail manufacturing industry
Physical Description:
p. 115-129 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Hoisting machinery -- Law and legislation -- United States   ( lcsh )
Electric railroads -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry no. 1306-03."
General Note:
"Approved Code No. 483."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942770
oclc - 654845551
System ID:
AA00006734:00001

Full Text




NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



ELECTRIC HOIST AND

MONO RAI L MIANU FACTU RIN G

INDUSTRY


UNIV. OF FL UB~.
DOCtbHTS EPT



i.S. DEPOSSTORY


For sale by the Superintendent of Documents, W~ashington, D.C. - Price 5 cent


Registry No. 1306--03


Approved Code No. 483


AS APPROVED ON JULY 13, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 19341


MEMBR A























This publication is for sal~e b~y thie Superintendent of Documents, Government
Printing Office, Washington, D.C., an3d by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE: DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Ma;ss.: 1801 Custombouse.
Buffalo, N.Yk.: Chamber of Conmmer'ce Buildling.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohiio: Chamnber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Illich.: 801 First National Bank Building.
Houstoni, Tex.: Chamber of Coimmuerce Building.
Indianapolis, Ind.: Chamber of Comlmerce Buildling.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City', Mro.: 1028 Baltimore Avenue.
Los A~ngeles, Calif.: 116i3 South Broaldway.
Louisville, Ky.: 408 Federal Building.
111emphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 F'ederal Building.
New Orleans, La.: Room 225-A, Customhouse.
Newv York, N.Y.: 734 Custombhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Co~mmercial Trust Building.
Pittsburgh, Pa,: Chamber of Comlmerce Building.
Portlalnd, Oreg.: 215 New Post Offic~e Building.
St. Louis, MIo.: 506 Olive Street.
San Franelsco, Calif.: 810 Custo~mbouse.
Souttle, Wash.: 809 Federal Offic~e Building.












ApprovPed Code No. 483


CODE O1F FAIR COMSPETCIT'ION
FOR TH]E
ELE CTRIUC OI[STI AND MIONORAI[L MANUFACTU1CR-
INtG INDUSTRYY

As Approved on July 13, 1934


ORDER

APRe\Novw CODE OF FAIR CO6PETITON FOR THn ]E]LECRC HOIST AND
M/oNouar, 1MANITFACTUSRING INDUSTRY
Ani application having been duly made pursuant to and in full
compliance with the provisions of Title I of th~e National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code ofE
F~air Competition for the Electric Hoist and ~Monorail Mafnufac-
turing Industry and hearings hzavPing been duly held thereon anld the
annexed report on said Code, containing Ifindings with respect
thereto, having been made and directed to the President:
NOW, TC'HEREF'ORE, on behalf of th President of the Uinited
States, I, H3ugh S. Johnson, Administrator for I~ndustrial Recov\ery,
pursuant to authority rested in me by- Executive Orders of the
President, including Executive Order No. 6543-A, dated Decembter
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pulr-
poses of said T1itle of said Act; and do hereby order thant saidl Code~
of F~air Com~petition be and it is hereby approved; provided, how-
ever, that the continued participation of the Monorail Ma~nufac-
turers Association in the, Code ACuthority after thirty (30) days from
the effective date of this Code shall be contingent upon its amending
its Constitutio~n and By-Laws to tjhe satisfact ion of the Admni nist rator.
Huan~13 S. JOHNSON,
Administrator for: Indzlstrial Recovery.
Approval recommended:
BBaRoN W. MUIRRAY,
Division Adminiszktrator.
WABSHINGr'TON, .CG.,
Jul~y 13, 1934.
7386300---829-63---34 (115)












REPORT TO THE PRESIDENT


T'he PRESENT,
The W~hite Hiouse.
SmR: This is a report on the Code of Fair Competition for the
Electrice Hoist and M~onorail M~anu facturing Industry. Public Hear-
ing having been conluc~tedl thereon in Wrashington, D.C., April 2,
19341, in nc~ordalnce with. thre provisions of T'itle I of the National
Indu~str~in RecoveryS Act.

GENEI-\L STATEMENT
Thle Electric H3oist and M~onornil Mannufacturinga Industry is a
capital goo-ds industry engaged in the. manufacture for sale of elec-
tric hoists dlesigned for use in connection with any service built into
double ra~il trolleys, and appurtenances thereof; the manufacture
for sale of industral overhead materials :handling equipment wit~h
the exception of such equipment, designed for use in the agricultural
and dairyi industries and excepting flat rail track of the type used
hifyin the meast~ cnrts pakn inustry. Materials handling equipment
in he ndutryconist ofoverhlead monorail track with its accom~-
panyingi switches, carriers, transfer bridges, cranes and other acces-
sories necessary for a complete installation; and/'or parts thereof.

ECONOM1IO EFFECT

This I[ndustry suffered noticeably from the D~epression.
Emp~loyment in 1929 wats 988 persons which number showed a
loss of 62.1 per cent by June, 1933. Office employment showed a
decline of 57 per cent in the samne perlliod. Est~imated factory payrolls
dlecreased from $1,056,000) in 19"9 to $27i0,000 in 1933, or a decline of
76.7 per cent.
Cap'it~al investment almoulnted to $4q~0,008,00 in 19320 and $2,962,000
ini 1933, a d~crea~se of 30 per cent.
Value of produl.tionr (based on sales) wans $6,85S1,0003 in. 1929 and
in l933 it wmas e~t imlatedl at $~1,000,000I, a decline of 8~4.f! per cent. The
dollar value of prodiuctionz is approcximately equal for the Electric
H~loist and M\onoranil D;\isions of this Indulrstr~y.
A~ comparison of rept~reser.ntative payrcll weeks in June, 1929 and
J~une, 193:3 shlowedc a decline in 193:3 in total mran hours for factory
workeicrs of 81.8 petr' cenzt; average hoc-ur~s per mnan per week were
50.6 in June, 1990D, and 29.7 hocur~s in June, 1933, a decrease of 41.3
per cecnt. Thle averagne rante pecr h~our for factollry worlkers was 63
ce~nts in June, 1990S and~ 54.5f cenlts in~ Julne 1933, a deccrelace of 13.5 per
cent; average week ~~lyl eaniiings dcc.linedl fromn $31.S9 in Junef, 1929
to $16i.20 in. June. l,~, 19 ,or 409.16 pr cent..
Th'le P~rerside~nt's Reemplloymentc Agreemelnt. effected increases in
emplloy mentn and payrolls. It is co~ncludled thant thle maximum hours
(110)






117


p~rovision wJPill not increase employment and that the m~inimuzm rates
proposed will not effect any increase in1 factory payrolls.
FINDINGS

The Assistant Deputy Administrator in his final report to me onl
said Code havingr foulnd as herein set forth, and on the basis of all
the proceedings in this matter:
I: find that:
(a) Said Code is well decsignedl to promote the policies and pur-
poses of Title I: of the National Industrial 1Recov~ery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
v~ide for the general wcpelfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade gro-ups,
by inducing and maintainling united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacityT of industries, by avoid-
inga undue restriction of production (except as may be temnporarily
requiredd, by increasing the consumption of industrial and agfricul-
tural products through inl~cnicrin pulrc'hasingr power, by reducing
and relieving unemplloy~ment, by improving standards of labor, and
by othferwise rehabilitatinga industry.
(b) Said Industry normally employes not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in. all respects with the perti-
ne~nt provisions of said Title of said Acet, including wPithout limita-
tion. Subsection (a) of Section, 3, Subsection (a) of Section 7 and
Subsection (b) of Section 10 thereof; anld that the applicant Asso-
ciations are industrial associatio-ns r~epresentative of the aforesalid
Industry; and t~hat said Associations impose no inequ~itable restric-
tions on admission to membership therein.
(d) The Code is not desigrned to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against then.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
F'or these reasons, therefore, I have approved this Code.
Respectfully,
HIT[GII~ S. JOHNSON,
Admnilitratln or.
JUL Y 13, 1934.












CODE: OFE F'AIR COMPETITION FOR THE ELECTRIC
H3OIST1 ~AND MONORAIL MANUFEACTURINGC INDUSTRY

Anacran I--PITRPOSES

To effectuate the policy of T'itle I of the Niational Industrial Re-
covery Act, the following provisions are established as a Code of
F'air Compet~it~ion for the Electric H-oist and M~onorail Mianufa~ctur-
ing Industry, and shall be the sta~ndards of fair competition for this
Indulst~ryr and~ shall be blindling upon eac :member thereof.

AR~TICLE I[I[-DFSI~NTIONS

Thle term El~ectric H~oist and Mionorazil Mianufacturing Industry "
or the Indlustry as used herein, is defined to mean the manufacture
and sale of Electric H~oists with plain, geared, or motor driven trol-
leyvs; lug or hook suspension Electric Hoists; C~rage Conrolled Mono-
rail Electric H-oists, and ElectricHituisfraysriesc
as built into double rail trolleys, and/or appurtenances there, pro-
vided the same unit is used as with single I-beam or other monorail
trolleys; and the manufacturere and sale of overhead materials han-
dling equipment as used in industry, with the exception of the Agri-
cultural and Dairy Industries, anad with the further exception of that
type of overhead track commonly known as flat-rail track ", and
mainlyl used in the meat packmng industry. IMaterials handling
equipment in the Industry consists of overhead Mionorail Track with
its accompanying switches, carriers, transfer bridges, cranes and
othe~lr accesso-ries necessary Ifor the completed installation of an over-
headl materials handling system; and/or parts especially designed
therefore. TIhe term shall also mean such related branches or subdi-
visionls as may, from time to time, be included under the provisions
of this code.
"( Person means a natural person, a partnership, a corporation, an
association, a trlust, a trustee, a trustee in bankruptcy and/or a
receiver, or other form of enterprise.
"L Member of the Indlustry as used herein includes, but without
limnitation, any individual, partnership, a~ssociation, corporation or
other form of enterprise engagedl in the Indlustry, either as an
empllloy~eror on his or its ownrm behalf.
-' Employe\r means an~y person activecly enrngaged in the Industry
eith~r on h'is own behalf or as an employer of labor.
"L Emnploycee "" means any person engag~ed in the Indlustry, however
comenstedt. except an employer.
"(Ap-prentice means an employee w~ithout. prenous; experience
underI any employer who is reglrllny engagedc mn learning a trade
under a course of training designedl to advance him systematically
in the various11 o)pernlionls of suchn trade to bel.ome a completently
skilled mecchanic.
(118S)





119


"L The Act ":means Title I of t.he N1;at~ional Industrial Rtecov8ery Act.
The President mleans thle Presid~ent of the United States.
Publishr means to make available to all interested parties.
"'Adminisjtr~ator means the Ad-ministratorl for Industrial Re-
.covery.
"Applica7nt is Electr~ic Hoist M~anufactturers ~Association and
MRonorail ~a n fact u rers A1?ssociation.

AnICian: III-H-Jouns

SEiCTIN 1. &##477060 FOzrT.-No employ-ee shall be permitted to
wBork inL excess of forty (40) hours in any one week or eight (8)
hours ini any twenty-four (24) hour period or six (6) days in any
seven ('7) day period, except as otherwise expressly provided in. thils
Article III.
SECTION 2. Eweceptions ats to HI~ou~rs.--(a) The provisions of this
Article III shall not apply to executives, those employed in a super-
visory or administrative capacity or their immediate assistants, antd
.salaried technical men and field service engineers, being paid at the
rate of Thirty-Five Dollars ($35.00) or more per week, and traveling
salesmen.
(b) Watch~men.--Wa t chmen shall be permitted to work; not in
excess of fifty-six (56) hours in any one weekr.
(c) Powcer Plant Engineers and2 Firemen.--PowFer plant engineers
and firemen shall be permitted to work not in excess of forty-five
(45) hours or six (6) days in any seven ('7) day period.
SECTIONU 3. Overtime Prouisions.--(a) ~Emergency Overtime.--The
maximutm hours fixed in Section 1 hereof shall. not apply to any
employee on emergency mIaintenance or emergency repair work in-
v~olving break-downs or protection of life or property, or to any
specially skilled employee in emergencies occasioned by the neces-
sity for thne serv~ices of such employee which cannot be cared for
by the employment of adcditional men. When specially skilled em-
ploy'ees are employed over~time- as permi~itted in. this article, thle
employer shall file wT~ith the Code Authority a statement of the
number of hours of overtime workBed and a statement of the facts
wrhichl will substantiate the lack: of other skilled employees capable
of performing this particular type of wrorkl. In any such case at
least one and one-half times the regular rate shall be paid to emn-
ployees for time workred- in excess of the maximum provided in
Section 1 hereof.
(b) Ord~inaryr O certlime.-The maximum hours fired in Section 1
her~eof shall not apply for six (6) weeks in any twenty-six (26)
weeks' period, during which overtime shall not exceed eight (8)
hours1' in anyT one week. In any such case at least one and one-
half (11/2) times the~ regular rate shall be paid to each employee
for time worked in excess of eight (8) hours in anry twenty-fo-ur
(2) our period or in excess of forty (40) hours in anyg seven ('7)
day period.
(c) Suznday a~nd Lega~l Holiday Wo-rki.--At least one and one-
half (1%) times the regular rate shall be paid for all work per-
formed on Sunday~s or legal holidays, except by watchmen, power
plant engineers, and firemlen.





120


(d) Reporti:ng Overti~nw.--All overtime allowances shall be re-
ported to thet Code Authority anld malde available t~o the Adminis-
trator in such detail as rday be required.
SECTION 4. Empl~oyment by Sev~cralZ Emnployer~s.--No employer
shall1 knowingly permit any employee to workr for any time which,
when totlald with that already performed for another employer or
employers, exceeds the m~axicmum permittedl herein.
ARrICLE IV- )AGEs

SECTION 1. (a) Exucept as h~ereinafter~ provided, no employee en-
gagedc in plant operations shall be paid in any pay period less than
at the! following hourly rates, niz:
Where employed in cities of more than 50,000 population and imn-
med~iate v~icinity, forty cents (404) per hour.
Ellere employed in cities of more than 10,000 but not more than
50,000 population and imnmediate vicinity, which cities are not in
thL~e imm~edliate v~icinity of a, city- of more than 50,000 population,
thirty-eight cents (38&) pert hour.
Where employed in cities of 10,000 population or less and im-
med'iate vicinity, which cities are not in the immediate vFicinity of a
city of more than 10,000 population, thirty-six cents (36 hour.
Population figures shall be taken as reported by- the Government
census of 1930.
(b) Femlale employees engaged at any plant in substantially the
samle workr as male employees at such plant shall receive t~he same
rate of pay as such male employees, and where they displace such
male employees they shall :receive the same rate of pay;S as the male
employees they replace.
SECTION 2. &The minimum Wage that shall be paid in any pay
period by anly employer to any employee other than those engaged
in plant operations and traveling salesmen shall be not less than
at the rate. of $1_5.00 per wreek, except as hereinr provided.
(b) Office boys and girls may be paid not. less than at the rate
of eighty (80) per cent of such m~inimum wage, but th tota number
of such offce boys and girls emlployed by any one employer at such
reduced rate shall not exceed five (5) per cent of the total number
of office employees of such employer covereed by thne provisions of
this Section 2, providled, however, that each employer may have
at least one such, office boy or girl.
SECT'ION 3. Apprentices shall be paid a starting rate of not less than
thirty (30) per cen of thet rate3 paid t~o a competently skilled me-
chanic. in the trade in- waPhich the apprentice is being trained and
prevaniline in the shop where th~ef apprentice is employed; provided,
how~ever, that t~he starting rat paid to any apprenltice shall not be
less thaln twenty-four cents (24#t) per hour.
Wagesrt paid to apprentices shall be adr'vanced at intervals in meas-
ured' amoulntl so that the rate for thle last per~iodl of apprenticeship
.shalll noct be less thann eightyv (80) per cenlt of the rate paid to a
compctently skilled mechanic mn the particular trade in the shop
where cthe apprentice is emnplo~yed.
Ait no time shall a newr upprentice be admitted to apprenticeships
by any employer when suc1h action will bring the total number of





121


such apprentices so emp~loyed to a ratio of more than one appren-
tice to five competently skilled mechanics employed by such emplloyer
in the particular trade inl question.
All apprentice indentures or written contr~nets shall be filed with
the Code Authorit~y and shall be made available to the Ad'ministrator.
SECTION 4. ThiS Article IVT esta~blishes minimiumi rate~s of pay
whichl are ap~plicable regardless of whr~ether an employee is com-
pensated on a time rate, piece work~, or other basis.
SECTION 5. A person whose learning enpacity is limited because of
age, physical or mental handicap, or other Infirmity, may be em-
playedl on light work at a wage below the minimum established by
a Code, if th~e employer obtains from the state auithor~ity, designated
by the United States Departmlent of Labor, a certificate authorizing
such~ person's employment. at such wages and for such hours as shall
be stated in the certificate. 1Each employer shall file mtonthnly with
the Code Authorit~y a list of all such persons employed by him,
showing t~he wages paid to, and the maximum hours of work for
such employees.
SECTION 6j. WF7ith a view that there shall be equitable adjustment
of rates above the minimum, not later than thirty (30) days after
the effective dlate, each employer in the I~ndustry shall report to the
Administrator through the Code AuthorityI, the! action taken by
such employer since June ~16, 193 adjusting the wage rates o
all hourly employees covered by Section 1 and of the employees
covered by Section 2 hereof receiving more than the minimum rate as
therein provided but less than at tihe rate of Thirty-five ($~35.00)
D-olla rs per week.
In no event shall hourly rates of pay be reduced, irrespective of
whether compensation is actually paid on an hourly, weekly or
other basis, nor shall any wages be at less thanl the minimum rates
herein provided.
~AnnRTmL V-G-CENTERAL LABOR PROVISIONS

(a) Employees shall have the right to organize and bargain col-
lectively through representatives of their o-wn choosing, and shall
be free fromn the interference, restraint, or coercion of emlployers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection; 2, no
employee and no one seeking employment. shall be required as a
condlition of employment to join any company union or to refrain
from jommig, organizing, or assisting a labor organization of his
own1 choosing; 3, employers shall comply with thre maximum hours
of labor, mninimnum rates of pay1, and other. conditions of emlploy-
mient, appr~lovedc or prescribed Pby the President.
(b)3 No person under sixteen (16) years of age shall be employed
in the Industry. No person under eight~een (18) years of age shall
be employed at other than office work. In. any State any employer
shall be deemed to have complied with the provision as to age if he
shall have on file a cert~ifcate or permit, duly signed by the Authority
in such State empow~ered to issue employment or age certificates or
permits showing that the employee is of the required age.
73630*"-8- 29-63---34---2





122


(c) No provision in this Code shall supersede any State or Fed-
eral law which imlposes more stringent requirements on employers
as to age of employees, wages, hours of work, or as to safety, ehealpoth,
sanitary or general working conditions, or insrance, orfrepo
tection than are imposed by this code.
(d) All_ employers shall post and keep p~osted copies of this Code
in co~nsple~uous places accessible to allemployees. Every member of
the Industry shall comply with all rules and regulations relative to
the posting of provisions of Codes of Fair Comlpetition which may
from time to time be prescribed by the Admlninis;~toratr
(e) No emnployer shall reclassify emlployeces or duties of employees,
o~r engage mn any other subterfuge for the purpose of defeating the
~purposes or provisions of the Arct or o-f this Code.
(f) 1. Every employer shall provide for the safety and health
of employees durlling the hours and at the places of their employment.
2. S~tandarlds for safety and health shall be submitted by the Code
Authority to the Admninistrator withlin six mnonth~s after the effective
date of the Code.
(g) No employee shall be dismi~ssed b~y reason of making a com-
plaint or giving evidence with respect to a violation of this Code.
IARTICIA VI--AnnuINisynanow 1

rSEC.TIO~N 1. A Code Authority is hereby constitulted to administer
and super-vise and to facilitate compliance -with this Code.
(a) During the period not to exceed~ sixty days followingi the ef-
fective~ date of this code, the Code Committee of the 'Electr~ie Hist
;Manufrl.turers- Assc~cciation and the Mronora~il Minulfacturer~s Associa-
tion shall constitute a tempo~~rary Code Auth~or~ity3 rconsisting of sixr
members, and one to three additional members, without vote, to be
appointed by the AdministeIntor, if he. should so des~ire. Such temr-
porary Clode ~Authnority shall, within sixty days of thle effective date,
set up a pellnlrm nen Code Authority to suILcceed such tem~po~rary) Codle
Authority in (ff~c~t ualt i ng the policies of the Act and to coope~a te wfith
the Admli nist r~ator in the aditminist ration of the CaHle.
The p~elrmnentr l Code Authlorityl~ shall consist of sixr members orf th
Industry (three of whom shall be prinlcipally- engagred in the manu-
factur:e of El~c~tr~ic Hoists, and three o f w~homn shall be$p~rincipa"lly
erngra ge in the manufacture of IMonorail Equipmelnt)toe elected
as follows:
TIhe Code Authority shall be elected at a meeting of employers
cnlled~ by Electric Hf-oist Mn~unfacturetr s Association andc the M~ono-
rail Mnlulfac~tur~ers Association any time within~ sitydays ftr the
app~roval of this Code. Noticeo uhmetn hllb etb
teleg(r!aph and~/or :regi teredl mail to all ascer~tainable emplloyers mn
the Industry1'3 and it shall specifically state that votingL alt t~he meeting
may be in pecr~son, by letter ballot, or by pro~xy, anld each emplloyerl
shall be e~nttledt to one vote. To permiit. representation of employers
wvho are Irot mlembxr~s of t~he Electr~ic Ho~ist Maunufaeturer~s or Mono-
rail Mlalllnufurturers Associations, one individual memiber of the Clode
Aurthor~ity shall be elected in anyS fair manner, wrih thle approval of
a Seec parragraph 2 of order approvilng this Code.





.123


the Administ~rator,by the: members of the IndLustry, if anly, who
are not members of either of these Alssociations.
SECTION 2. In addition to mlember~ship as above provided, thre
may be from on to three members, without vote, to be known as ad-
ministration mnembe~rs, to be appo-intedl by the Admlinistrat.or to
serve for such terms as he may specify.
SECTION 3. Each trade or industrial association directly or indi-
rectly participating in the selection of activities of the Code A1Su-
thorityZ shllt (1) impose no inequitable restrictions on membership,
and 2) ubnu totheAdministrator true copies of its articles o~f
association, b-laws, regulations, and any amendments when mad'e
thereto, together with such other information as to memblersyhip, or-
ganization, and activities as the Admninistratorr may deemo necessary
to effec~tualte the purposes of the Act.
SECTION 4. In order that the Code Auth~ority shall at all times be
truly r~epresentative~ of thre Industry and in other respects comply
with the provisions of the Act, the Administmtrao may pr~escribe
such hearings as he may deem proper; and thereafter if he shall
find that the Code Authority is not trully repre~sentative or does not
in other respects comply with the provisions of the Act, may require
anl appropriate modification of the Code Authority.
SECTION 5. NJothing~ contained in this Code shall constitute the
members of the Code Authority partners for any purpose. N~or
shall anyr member of the Code AuthorityT be liablet in any mannner to
anyon~le for any act of anly other mlember, oficer, agent or employee
of'the Code Authority. Nor shall any mem~lber of thet Code Auxthor-
ity, exercising r~easonable dlilignc~e in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful .malfensance or non-feansance.
SEC'TION 6j. If the Adlministrator shall at anly time determine that
any action of a Code Authorityr or a ny agency thereof mlay be unfair
or unjust or contr~aryl to the? public interest, the Adinlisltrator may
requir~e that such action be suspended to afford an opporturnity for
investigation of the ler~its of such action and further cons~ideration
by such Code Aluthor~ity or agency- pending final action, which shall
not be effective unless the Adminlnstrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to himn of intention
to IPriceed with such action inl its originally or modified form.
SoECIN ?. PO'LD87 G~ 748468e.-Subject to such rules and regu-
lations as may be issued by the Admlrinistrator, the Code Authority
shall have the following powers and duties, in addition to those
authorized by other provisions of this Code.
(a! To insure the excution of the provisions of this Code and to
provide for the compliatnce of the Indlustry with the provisions of
the Act.
(b) To adopt by-latws and rules and regulations for its procedure.
(c) To obtain from members of the TIndustry such information
and reports as ar~e required for the administration of the Code. In
addition to information required to be s~ubmitted to the Clode Au-
thorit~y, members of the Indtustry subject, to this Codle shall furnish
such statistical information as tlhe Adlministrator may deem neces-
sary for the purposes recited in Sec~tion 3 (a) of the Act to such
Federal and State agencies as he may designate; provided that





124


nothing in this Code shall relieve any member of the Industry of any
existina obligations to furnish reports to any Grovernment agency.
No individual report shall be dlisclosedl to any other member of the
Industry or any other party except t.o suchl other Governmental
agencies as mnay be directed byr thre Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying ourt of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsiblilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make rcommllendati o~n s t~o t~he Admlinistrator for the co-
ordination of the administration of this Codle wTith such other codes,
if any, as may be related to or a feet members of the Indust~ry.
(f) 1. It being found necessary in order to support the admin-
istrat~ion of this code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the Act,
the Code Auzthority is authorized:
(a) To incur ;such reasonable obligations as are necessary
and proper for the foregoingr purposes, and to meet such obligra-
tions out of funds which maby be aised as hereinafter provided
and which shall be held in trust for the purposes of the C~ode;
(b) TCo submit to the Administrator for his approval, subject
to such notice and oppor'tunity' to be heard as he may deem
necessary (1) an itemilzed~ budget of its estimnatedl expenses for
the foregoing purposes, and (2) an equitable basis upon which
the funds :nec~essary to support such budget shall be contributed
by members of the industry;
(c) A15fter such budget and basis of contribution have been
approved by thes Administrator, to determine and obtain equi-
table contribution as above set forth by all members of the
industryT, and to that end, if necessary, to institute legal pro-
ced~ingrs there for in. its owcn name.
2. Each member of the industry shall pay his or its eqyuit~able
contribution to thes expenses of the maintenancee of the Code Author-
ity, determlinedl as hereinabove provided, and subject to rules and
regulations pertaining th~ereto issued byp the Admiinistr~ator. Only
mlemlbers of the indulst r complying with the code and cont~ributimr
to the expenss of its admini-;tration as he1reinabove provided, shall
be! entitledl to participate in the selection of members of the Code
Aultho-rityr or to receive thne benefits of any of its voluntary activities
or to makre use of any emb~lern or insi gnia of the Niational Recovery
Admninist ration.
3. Thle Code Authority shall neither incur nor pay any obligation
in excess of the amlounlt. thereorf as estimated in its approv-ed budget,
except. upon approva~l of thet Administrator; and no subsequent
burdget shall contain any deficiency item fo-r expendliture~s in excess
of prior budget est~imaltes except those wichil the Administrator
shanll hav\e so appro~ved~.
(g) T~o recommenlcr d to the Adlministrator any action or measures
deemnedl adv\isble, inc~ludingr further fair trade practice provisions
to goverilln members of thec Ind~ustry in their relations with each other
or with other industries; mieasures for industrial planning, and sta-






125


bilization of emplnoymnt;r anl incluiding modifications of this Code
which shall become effective as part hereof ulpon approval by t~he
Administrator after such notice and hear-ing as he mayS specify.
(h) To appoint a Trade Practice Committee whichb shall meet;
with t.he Trade Pr~actice Committees appointed under such other
codes as may be related to the Industry for the purpose of formiulat-
ing fair trade practices to govern the relationships between. employ-
ers under this Code and under such other codes to the end that such
fair trade practices may be proposed, to the Admiinistrattor as amend-
ments to this code and2 such other codes.
(i) To appoint a conunittee to formulate as procedure for handling
problems which may~ arise betwPeen employers and employees, which
shall be submitted to the Adm~inistrator.
SECTION S. If formal complaint is made to Code Aut~hority that
provisions of this Code have been violated by~ any employer, Code
Author~ity may cause such investigation or audlit to be made by an
impartial agent. or agency agreed upon byr the Code Aluthor~ity and
the member of the industryT in question or, failing such agreement,
by the Administrator, to the extent permitted by the Act, as may
be deemed necessary. No detailed information so obtained, shall be
disclosed to anly emlployer.
ACRTICLE TTII--COST ETINDING AN2iD AccousNTIo

The Code Authrorityr shall cause to be formulated metods of cost
finding and accounting capable of use by all members of the in-
dustry, and shall submit such methods to the Administ~rator for re-
v~iewer. If approved by the Admlinist~rator, full information concern-
ing such methods shall be made available to all members of the in-
dulstry. Thereafter, each member o~f the industry shall utilize such
methods to the extent found p~ract~icable. Nothing herein contained
shall be construed to permit the Code Authority, any agent th~ereof,
or anly member of the industry~ to suggefst uniform additions, per-
centag~es or dliffer~entials or other uniform items of cost which are
designed to bring about arbitrary uniformity of costs or prices.
~Annus VTIII--Cosms an PRICE GIUTTIING;
SECTION 1. The standards of fair competition for the industry
with reference to pricing practices are dleclar~ed to be as follows:
(a) W~lfullyT desrultijvel plrice culttijng is an unfair method of
competition and is forbidden. Any member of the industry or of
anyr other industry or the customers of either may at any time c~om-
plain to the Code Auth~ority that any filed price constitutes unfa-ir
competition as destructive price cutting, unlperiling enterprises or
tending toward monopoly or the imnpairmecnt of code w\7ages and
working conditions. The Code Authority shall within five days
afford an opportunityT t~o the member filing thle price to answer such
complaint and shall within fourteen days make a ruling or adjust-
ment thereon. If such ruling is not concurred in byg either party
to the complaint, all papers shall be referred to the Research
and Planning Division of the National Recovery Administration
which shall render a report and recormmendationr thereon to the
Administrator.






126


(b) When no declared emergency exists as to any given product
there is to be nro fixed minimum basis for pie.I sitne
that sound cost estimating methods should bieused a~ indtha cn-
sidera~tion should be given to costs in th~e determination of pricing
pohecies.
(c) W~hen anr emergency exists as to any given product., sale belowr
the stately minimum price of such~ product, in violation of Section 2
hereof, is forbidden.
SECTION 2. Emergenillcy Provision8;.-(a) If the Adcministrator,
after investigation shall at azny t~ime find both (1) that an emergency
has arisen within the Indlustry adv~erselyr affecting enterprises or
wages or labor conditions, or tending toward monopoly or other
acute. conditions which ~tend to defeat the purposes of the Act; and
()th~t~ thze determination of the stated minimum price for a. spteci-
fidproduct within the industry for a limited period is necessary to
mitigate the conditions constituting such E'lemergeny' and to effectuate
the purposes of the Act, the Code Authority mary cause an impartial
agency to investigate costs and to recommend to the Administrator
a determination of the stated minimum price of the product affected
by the emergency and thereupon the Administrator may proceed
to determine such stated minimumn price.
(b) Wihen the Adlministrator shall have deter~minedl such stated
minimum. price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions ofE such
emergency and to effectuate the purposes of the ~National Industrial
Recovery Act, he shall publish such pr~ice. Thereafter, during such
stated period, no mlember of the Industry shall sell such specified
products at a, net realized price below said stated mninimumi price
and any such sale shall be dleremed des~tructivee price cutting. From
time to time, the! Code Authority may recommien d~ review or recon-
sideration or the Administrator may cause anly deter~minations hlere-
undler to be reviiewI9ed or reconsidered and appr~opriate action taken.
ARrIci IX-OPEN PRICE
The following pr~oisions apply only to Mannufacturerrs of Electr~ic
Hoists :
S~ECTlION 1. Each. member of the Indulstry shall file w~ith~ a confi-
dential and disintere~stedt agent of the Code Authtority o~r, if none,
then with such an agTent designated by the Admninistrator, identified
lists of all of h~is prices, discounts, reba~tes, allowances, and~ all other
terms or conditions of sale, her~einafter in this article preferred to as
" pr"ice te~lrms ", whlich lists shall completely and a~ccuratelycono
to andl represents the individual pricing~ p~rac~tices of said member.
Such lists shall contain the? prices terms for all sucrh standard prod-
ulcts of the industry as are sold- or offeredl for sale by said member
a~nd for such nonI-stan~ ndar products of said memcnber as shall be
dlesignatedl by thie Codel Auth~ority. Said pr'ice terms shall in the
fir~t ilstance. be filled within twenlty (2)) daysa after the dlate of
app~rovanl of thiis p~rovisionl. Price te~rmis annd revised price terms
shall b'comeII effctive immedintely upon reci~t. thereof by, said
agent. Illmmdiately upon recceipt the~reof, saidl agent, shall by tele-
graph`1 or mother equally prompt means notify said mnember of the
time of such :receipt. Such lists and revisions, together w~ith the






127

effective time thereof, shall upon receipt be immediately and simul-
taneously distributed to all members of the industry andl to all of
their customers who have applied therefore and have offered to
defray the cost. actually incurred by the? Code Authority in the
preparation and distribution thereof and be availablIe for inspection
by any of their customers at the office of such agent. Said lists or
revisions or any part thereof shall nlot be made available to any
person until released to all members of the Indlustry and their cus-
tomers, as aforesaid; provided, that prices filed in the first i~nstances
shall not be released until the expirat~ion of the aforesaid twenty
(20) dlay period after the approval of this code. The Code Au-
thority shall maintain a permanent file of all price terms filed as
herein provided, and shall not destroy any part of such records ex-
cept upon written consent of th~e A~dministrator. Ulpon request the
Code Authority shall furnish to the Administrator or any duly
designated agent of the Admlinistrator copies of anyg such lists or
revisions of price terms.
SECTION. 2. nhen an member of the Indust~ry has filed any re-
vision, such member shall not file a, higher price within forty-
eight (48) hours.
SECTION 3. No member of thfe Industry shall sell or offer to sell
any products of the industry, for which price terms have been filed
pursuant to the provisions of this article, except in accordance with
such price terms.
SECTION 4. No memberr of the InIduIstry shall enter ino any agiree-
ment, understanding, combination or conspiracy to fix or maintain
price te~rms, nor cause or atttemnpt to cause any .member of the inL-
dustry to change his prices terms by the use of intimidation, co-
ercion, or anly other infuene inonsiste~nt with, the maintenance of
the ~free and open market which it is the purpose of this Article to
create.
ARTICLE 1I--UNFAI TRADE PRACTICES
Each of th~e following acts and practices is deemed to be inim~ical
to the best interests of the IndSustry and of the public, and each is,
therefore, declared to be and to constitute an unfair method of

SEctF~i~on (A) No member of the Indus~try shall secretly offer or
mak~e any payment or allowance of a, rebate, refund, commision
credit, unearned discount or excess allowance, whether in the form
of money or otherwise, nor shall a membr of th-e Industry secretly
offer or extend to any customer any special service or privilege not
ext~endled to all customers of thet same class, for the purpose of in-
fhfencing a sale.
SECTION (B). NO member of the Industry shall give, permit to be
given, or offer to give, anything of value for th~e purpose of in-
fluencing or regarding the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. This
provision shall not be construed to prohibit free and general dis-
tribution of articles commonly used for advertising except so far
as such articles are actually used for commercial brey as herein-
above defined.






128


SECTION (C). No member of the Industry shall brand or mark or
pack any goods in any manner which is intended to or does deceive
or mislead purchasers with respect to the brand, grade, quality,
quantity, origin, size, subst dance, character, nature, finish, material
content or pr~ep~aration of such goods.
SECTION 7D). NO 1l~emb1er of the Ind~i~ustry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing comlpe~titors or intimidating their
customers.
SECTION !E). No member of the Industry shall -wilfully induce or
attempt to induce the breach of existing contracts between competi-
tors and their customers b~y any false? or deceptive means, or inter-
fere with or obstruct the perlformann ce of any such contractual duties
or services by any such means, with the purpose and effect of
hampermng, injuring or em~barrlassing competitors in their business.
SECTION. (]F). No0 member of the Indlustry shall defame a competi-
tor by falsely imputinrg to him dishonorable conduct, inability to
per~form11 contracts, questionable credit standing, or by" other false
representation, or by falsely d~isparagingr the grradle or qualiGty of his
goods.
SECTION (0). No employer shall necept trade-ins of usedl equip-
mzent, material, property or supplies, to apply onm the purchase of new
equipment.
SECTION (H). No employer shall sell products of t~he Industry by
a contract calling for extended terms of payment not covered by tlhe
employers' filed price lists, unless the contract calls for interet at
the rate of six (6%) per cent per annum to b~egin thirty (30) days
after shipment, unless a lower rate is spec~ifiedl by the state lawv gov-
er~nin g the: contract.
SEC.TION (I ThtefolTlowing trande practi~ce alpplies sole~ly to maonu-
facturers of monorai'l equipment:
NTo employer shall sulbmit a proposal including erection whr~ich
does not include a quoc-tation r\cveiring a bill of mante~rials on eqyuip-
mnent, and a separate qulotation covering erection andl anly super-
structure, if samle is to be furnished. In quloting on erection and
superstructure, prime considecration shall be giv-en to the cost of such
item~s plus freigh~t and/or car~tage charges plus the cost of handling.
Proposnls submittedl byany emnployer shall not be I~reised, except
when a change in the bil of materials or specifications is to be made,
in which case the revisedl proposal must equal only the change in
bill of materials or spiecificatio~ns, and except to meet the comipeti-
tion of low-er bids, prov-ided however, thnat after lowering a quota-
tion to meet competition, an employer shall file with the Co~de
~Auithorit3' a compllete statement of tht transact ion. setting forth the
competitionn which existed and his original and final bids, and except
uponl the general reopelning of bid's. Proposals including the serv-
ices of a superintendent of reaction shall consist of a quotation cov-
ering a bill of materials onl equipment, and a separate quot~ation
coveringr fth cost of fuirnishing a sulperintenndent of erection on a
per diem basis. NTo jo~b shanll b~e quloted short of the necessary equip-
mnent neededl to compiilelte the installation, bult a three per ~cnt varia-
tion of quioted price to allow for engineering discrepancies is per-
mnissible.






129


ARTICLE X;I-E~XroaR TRDE

N~o prov-ision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to explort trade or sales or shlip-
ments for exp~or~t tradce. '" Exp~ort Tradie ") shall be as defined in the
Export Trade Act adopted April 10, 1918.
AnRTcuE XII -Mon~IInCerTIZo

SECTION 1. This Code andl all the provisions thereof are expressly
made subject to the. right, of the President, in neco~rdance with the
provisions of Subsection (b) of Section 10 of the Act, from time to
time to cancel or modc'ify any orderlr, ap~prova~l, license, rule, or regu-
lation issued und~r Ttle I o~f said Act.
SECTION 2. Such of the pr~ovisions of this Code as are not required
to be included herein by the A~ct mnay, withn the approval of the
Admlinistrantor, be modified or eliminatedc in such mannler as may be
indicatedc b~y the needs of the public, byv chan ges mn cirIc~umsta nces or
by experience. All the p~rovisions of this Code unless so m~odifed
or eliminatedl, shall remain in effect until June 16, 1935.

ARTICLE XIII-1\flONOPO~lLES ETc.

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.

ARTICLE XYIV--EFFE~CTIVE 1)ATE

This Code shall become effective onl the eleventh dlay after its
approval.
Approved Code No. 483.
Registry No. 1306-03.




UNIVIERSITY OF FLORIDA
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