Code of fair competition for the fluted cup, pan liner and lace paper industry as approved on February 17, 1934

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Material Information

Title:
Code of fair competition for the fluted cup, pan liner and lace paper industry as approved on February 17, 1934
Portion of title:
Fluted cup, pan liner and lace paper industry
Physical Description:
p. 175-186 : ; 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:
Paper products industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 407-07."
General Note:
"Approved Code No. 296."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942721
oclc - 63654658
System ID:
AA00006748:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



FLUTED CUP, PAN LINER

AND LACE PAPER

INDUSTRY


or sale by the Superintendent of Documents, Washington, D.O. Price 5 cents


Approved Code No. 298


Registry No. 407--07


AS APPROVED ON FEBRUARY 17, 1934


UNITED STATES"
GOVERNMENT PRINTING OpFFICEl:
WASHINGTON: 1934
























This publication is for sale by the Superintende~nt of Documents, Government
Printing Office, Washington, D~.C., and by district oftice of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF` THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Offic~e Building.
Birminghamn, Ala.: 257 Federal Building.
Boston, Mlass.: 1801 Customhnouse.
Buffalo, N.Y.: Chamber of Commerce Buildina.
Charleston, S.C.: Chamber of Commerce Bulildinlg.
Chicago, Ill.: Suite 1706, 201 North. Wells St reet.
Cleveland, Ohio: Chamnber of Commerce.
Dallas, Tex.: Chamber of Commerce Buaildin~g.
Detroit, Mlich.: 801 F'irst Nationa~l Banlk Build-ing~.
Houston, Tex.: Chamber of Comnmerce Bu~liding..
TIndianapol-,is, Ind.: Chamber of Commerce Building.
Jancklsonvile, F'la.: Chamber of Commerc~e Buildinlg.
K~ansas City, Mo.: 1028 Baltimnore Avenue.
Los Angeles, Calif.: 1163 South Broadw~ay.
Louisville, Ky.: 408 Fedlerall Building.
M/emphis, Tenn.: 229 Federall BulildingF.
Mlinneapolis, Mlinn.: 213 Federa~l Buildling.
N~ew Orleans, La.: Room 225-A, Customhouse.
NSew Yorkr, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelp~hia, P~a.: 422 Commercial Trust Buildinlg.
Pit tsburgh,11 Pa.: Chamb~er of Commerce Building.
Portllndl, Oreg.: 215 New Post Office ]Buildinlg.
St. Loulis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhousez.
Seattle, Wash.: 809 Federal O~i-ice Buildinlg.











Approved Code No. 296


CODE OF FAIR COMPETITION
FOR THE

FLUTED CUP, PAN LINER ANID LACE PAPER
]CINDUSTRY

As Approved on February 17, 1934


ORDER
APrnoviNsa CODE OF` FAIR COMPETITION FOR THIE FLUTED CUP,
PAN LINER AND LACE PAPER INDUSTRY
An 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 approval of a Code of
Fair Competition for the F~luted Cup, Pan Liner and Lace Paper
Industry, and hearings having been duly held thereon and the annexred
report on said Code, containing findings with respect thereto, having
been made and directed to the President:
NOWCi, THERE.FORE, on behalf of the PEresident of the United
States, I, H-ugh S. Johnson, Administrator for Industrial Recoverly,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A4, dated December
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 wvill promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of F'air Competition be and it is hereby approved; provided, however,
that the provisions of Article VI, Sections 2 to 9 inclusive, insofar
as they prescribe a waiting period between the filing with the Code
Authority (i.e. actual receipt bly the Code Authority) and the effective
date of revised price lists or revised terms and conditions of sale bee
and they are hereby stayed pending mny further order; provided
further, that within ninety days I may direct that there be a further
hearing on such of the provisions of said Code as I m-ay designate,
and that anyg order which I may make after such hearing shall have
the effect of a, condition on the approval of~said Code.
HUanI S. JoHNson,
Administrator for Industrial Recovery.
Approval recommended.
GEO. L. BERRY,
Division Administrator.
WASHINGTON, D. C.,
February 17, 1984.
41086*--376--111--34, (175)













REPORT TO TH-IE PRESIDENT


THE: PRESIDENT,
The W~hite House.
SmR: This is a report of the hearing on the Code of Fiair Competi-
tion for the Filuted Cuip, P~an Liner and Lace Paper Industry con-th
ducted in Washington on N~ovember 2, 1933, in accordance wit h
provisions of Tiitle I: of the Naltional Indlst rial Rec~overy- Act.
HOURS AND WAGES
This Code provides a standard 40 hour w~eeki for factory workers
with a weeklyl tolerance of eight hours to be paid for as overtime.
The usu al exceptions are made in regard to non-produrcti ve employees.
OffiPce employees~c are limitedl to an average of 40 hours per w~eek over
an eight week period.
The mririnimum wrage rate for hourly paid~ employees is 35~ per hour
for males aInd 30~ petr hour for females. Office employees w-ill receive
a minimum wag~re of $15.00 per week.

OPEN PRICE PLAN

An open price plan of selling is provided, and selling below cost,
except to meet competition, is prohibited.
OTHER PROVSISIONS

Provision is made for furnishiing thne Administrator with such
statistical data as he may require~.

ECONOMIC EFFECT OF THE CODE

The Indulstry emlployed in 1929 approximately 550 persons and in
the second quarter of 1933 atpproxrimat~ely 737 persons. Factory em-
ployees w~orkecd an alveragre of about 48 hlours per weeke in both June,
1929, and June, 1933. Thle effect of the! Cocde wuzill h~e to emnploy about
140 aRdditional1 persons.
The total inlcrease in payrolls, duec to the propsdwgras
and additional employees~ required as a resullt of th~ke Code, wil b
abou t 28%~'.


having fouratl as~ hecrcinl set fourth, and. on thlc baHsis of all ther~ prce~cdings
mn tlus mnatte~r,
I find thiat:
(a) Said Codte is wey~ll decsigned to p~romotelf thie poclicies and purpoICses
of Tith- 1 of th~e Nationaiicl Indul~Strial Re(l\cvery Act, inicludring removal
of obsti~ructicins to thel free flowM of irtlnterstt and foreign1 counerceer c
(176)l






177

which tend to diminish the amount thereof and wrill provide for the
general wJelfare by promoting the organiation. of industry for the
purpose of cooperative action among the trade groups, by inducing and
maintaining united action. of labor and management under adequate!
governmental sanctions and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production exceptt as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving
unemployment, by improvmng standards of labor, and by otherwise
rehabilitating industry.
(b) Said Industry normally employs 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 thae perti-
nent provisions of said Title of said Act, including without limitation.
Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection
(b) of Section 10 thereof; and that the applicant association is an
industrial association truly representative of the aforesaid industry;
anid that said, association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed 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 them.
(f) Those engaged in. other steps of thet~ economic process have not
been depri-ved of the right to be heard prior to approval of said Code.
F'or these reasons this Code has been approved.
Respectfully,
HUGHB S. JoHNSON,
~Administrator.
FEBRUARY 17, 1934.













CODE: OF FAIR COMPETITION F`OR THE FLUTED CUP,
PAN LINlrER AND LACE PAPEER IND)US~ZTRY
T'o effectuate the policies of Title I: of thze N~ational Industrial Rte-
covtery Act, the following is hereby established as a Code of Fai Com-
petition for the above named Industry and shall be binding on every
member thereof.
ARTICLE I DEFINITIONS
The following words are ulsed in this Code with the meaning herein
set forth:
Industry "-The manuzfactuzre of:
(a) Fluted paper products, such as, baking cups, eclair cases, finger
bowl liners, sundae dish liners, manicure bowl liners, barber cups, bis-
cuit cups, butter chips and pan liners.
(b) Fluted canzdy cups from pa per and other materials.
(c) Flat paper pan liners.
(d) Lace, linen, die-cut, perforated or embossed paper products,
such as, doilies, box strips, candy box m~ats, shelf paper.
(e) Paper chzop holders and paper skewers.
"Memnber"-A natural person, partnership, corp~ornt.ion, associa-
tion, trust, trustee, trustee in bankruptcy, receiver, or other form of
enterprise, engaged in such Industry.
"Act"--Title I of the National Industrial Recovery Act.
"'Administrator "'-The Administra t or for Indu~st rial Recove~ry
under Title I in, the Act.

AuRICLE II--ORGANIZATION AND rADMINISTRATION
1. T'he Chai~manr of each Divcision Execut~ive Comnmit~tee and one
other selected member from echll Dlivisioln of the National Association
of Fluted Cup, P~an Liner and L~ace! Patper M~anufafcturers, together
with one member of the Industry not a member of the said A~ssociation
dlesignatecd unanimously by th~e fourr above named and3 approved by
thze Admninistrantor, are herecby constiturted thle Code Authority of the
IndustryT. In addition, the Aidministra;tor mlay appoint one or more
pe~rsons to the Code Art hority whlo shatll haveT no0 vrote and shall serve
without compe~nsn t on from the Industry.
2. T~he said Association shall impose no inequritatble restrictions on
m~embership annd shall file with the Admlinistr~ator certified copies of
any amlendmentslt of its By-Laws, rel at ing: to eligibili ty or ad mission to
membership in saidl Assoc~iationi, or relatinirg to the method of selection
of Lthe membel~rs of suichl Executiv-e Conurnittee which saidl Association
may hcrenifter adopt.
3. Thie Admlriilniturar may at any timle precrcribe a different, method
for selec~tingr the Industry membersci~ of the Code Authior~ity and therec-
after, such members shall bes chlorse in t~he mnrlner so prescribed.
4. The Codc e Authiority is chargedl generarll wit~h the durty of ad-
ministering this Code. If the AdmlinIistrator01 shalll d etermi ne t.halt any
(178)






179

action of the Code Authority, or any agency thereof, may be unfair
or unjust or contrary to the public interest, the Admninistrator may
require that such action be suspended to afford an. opportunity for
investigation of the merits of such action, and further consideration by
the Code Authority or agency pending final action which shall not be
effective unless the Administrator approves or unless he shall fail to
disapprove after thirty days notice to him of intention to proceed
with. such. action in its original or modified form.
5. The expenses of administering this Code shall be borne pro
rata, in accordance with a formula to be adopted by the Code Author-
ity, byT all members of the Industry who accept the benefit of the
services of thre Code Authority or otherwise assent to this Code.
6. T'he Code Authority shall hatve power to investigate alleged
violations of this Code and acts or courses of conduct by any member
which are or appear to be contrary to the policy of the Act or whlich
tend or may tend to render ineffective this Code and to report the
samae with recommendations to the Administrator.
7. The Code Authority is hereby constituted the agency to en-
deavor to effect, by arbitral proceedings or otherwise, adjustments
of contracts entered into by members of the Industry, where the
cost of executing such contracts is increased through the application
of the provisions of the Act or of this Code.

ARTICLE III-Houns or LABOR
1. Employees in the Industry shall not be required or permitted
to work hours in excess of the limits prescribed in the following
schedules :
SCHEDULE OF WORKING HOURS

(a) Watchmen: Fifty-six (56) hours in any onle week, but not more
than six (6) days in any seven (7) day period; or fifty-six (56) hours in
any onle wveek but not Jmore than eight (8) hours in any one day.
(b) Chauffeurs, truckdrivers, and their helpers: One hundred
eighty (180) hours in any period of four (4) consecutive weeks, pro-
vided, however, that time worked in excess of nine (9) hours in any
one day or forty-five (45) hours in any one week shall be paid for as
not less than. time and one-third.
(c) Engineers, firemen, electricians, filter plant employees, electric
and hydro-electric operators: One hundred sixty-eight (168) hours in
a~ny period of four (4) consecutive weeks, provided, however, that
time worked in excess of nine (9) hours in any one day or forty-five
(45) hours in any one weekr shall be paid for as not less than time
and one-third.
(d) All ot her laborers, mechanical workers or artisans employed in
any plant, mill or factory or on work connected with the operation. of
such plant, mill or factory: Eight (8) hours in any day and forty (40)
hours in any one week, provided, however, that these maximum limits
may be exceeded for any reason at any time provided that all time
worked in excess of the mzaximum prescribed shall be paid for as not
less than time and one-third, and provided, further, that no employee
shall be required or permitted to work, in excess of forty-eight (48)
hours in anty onre week.
(e) Employees regularly engaged in a managerial or executive
capacity and their personal secretaries, foremen and supervisors,






180


receiv-ing thirty-five ($35.00) dollars or more per week, and outside
salesmlen: No limlitation.
(f) All ot her employees: 1Forty-eight (48) hour in any on~e week
but not to exceed three hundred twenty (320) hour in any period of
eight (8) conlsecuti\e ve eeks.
f2. No l im1i t aIt ionI con t ain ed in said sched ule shall apply~ to employ ees
of any class when engaged in emergency repairs or emergency m~ain
tenance~ work; ocenlsioned by breakdowns or involvn protection o~f
life or property, provided, however, that all time worked in excess
of thie limitationls prescribed in said schedule shall be paid for as not
less than timne and one-third.
3. NoV emplloyrlV sha, ll~~ kongypmiayeplolyee to work for
any time which, when totaled with that already peromdwihaoh
er emp~loyrer or emlploy-ers in this InldustryS, exceeds the maximum
permit tted he~Ii~rei.
4. No female emlployee as included under paragraph (d) of Section
1 of this Alrticle shall be required or permitted to work betw-een th
hours of 7 p. m. and 7 a. m.
5. No emloylluee as included under paragraph (d) of Section 1 of
this Article shall be required or permitted to work more than sixrz (6)
days in any seven (7) consecutive day~s.
ARTICLE IV--WAGES
1. The minimum rate of wage of any laborer, mechanical worker
or art ison em lployed ini any plant, mill or factory or on w~ork connected
w~ith the operation of any such plant, mill or factory shall be as
follows: ~Male labor, 35 cents per hour, Femalle labor, 30 cents per
hour.
2. The m~inimluml rates of wages for all other employees shal be as
follows :
(a) FEiifteen ($15.00) dollars per weekk.
(b) Part-time~t employees covered by the provisions of thlis Section
shall be paid at ths rate of not less than 37j% cents per hour.
3. This Article establishles a minimum rate of pay w~hichl shall apply
ilrrespecti\-e of whether an emlployvee is actually comlpensatted on tiev-
rate, piec.e-w-ork or other basis.
4. Female employees performing substantially the samae work a
male empllloyees,, shall receive th~e samle rate of pay as male employees.
The Code Aiuthlority3 shall within ninety (90) day-s after thle effective
date of this Cod~e file with the .Administrator a description of al
we alpa t ions in the Indlustry in. which both men and women are
emiployed .
5. Tihe wage rates of all emlployees receivingr more than th mini-
mnum rantes hc~rein prescribecd shall be reviewdcc a~nd such adjustmflents,
if any~r, made atherin asit are equitatble in thle light of all thle circuml-
stanes, nd wthinsixt (60 das after the effectiv-e date hecreof, the
Codec Authority shall report to th~e Administrator the action taken by
all members~l! of thc Industlry unider this~ Sectioni.
6. Office boys aInd girls under eighteeni (18) years of age, to t~he
exstnt~l of no mnore tha;n 5%o of the total numbeF~tr of emnployeesi de-
s~crlibed i Sectionl 2 hiereof, mauy be emrployed at a wvage of not. less
tha~n 80%gl of the mlinimluml prsc~icribed~ by? sa~id Section, provided thlat
at least onle such offce hov o~r gir maY. be? emplPoyed byV each mmbrllll.






181


7. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage of not less than 80o/o of the minimum prescribed by this Code,
provc~ided the State Authority or other agency designated by the
Unrited States D~epartment of Labor shall have issued a certificate
authorizing his employment on such h~asis. Each member shall file
with the Code Authority~ a list of all such persons employed byT himn.
The provision of this Sectionl requiring a certificate of authority shall
not become effective until sixrty (60) days after the effective dzle of
this Code.
AnRICLE: V---GENERAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed in
thre Industry. No person under eightfeen (18) years of age shall be
employed at operations or occupations which are hanza~rdous in nature
or dangerous to health. The Code .Aulthority shall submit to the
Administrator within sixty (60) days after the effective date of this
Code a list, of such. operations or occupations. In any State an
employer shall be deemed to have complied with this provision as to
age if he shall have on. file a certificate or permit, duly signed by the
authority in such State empow-ered. to issue employment or alge cer-
tificates or permits, showing that the employee is of the required age.
2. Employees shall have the right to organize and bargain collec-
tive~ly through representatives of their own choosing, and shall be
free -from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection. No employee
and no one seeking employment shall be required as a condition of
employment to jomn any company umion or to refrain from joining,
organizing, or assisting a labor organization of h~is own choosing.
Employers shall comply with the maximum hours of labor, minimum
rates of pay, anid ot her conditions of employment, approved or pre-
scribed by the President.
3. No pro-vision of this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health, sanzitary
or general workiing conditions or insurance or fire protection, than are
imposed by this Code.
4.. No employer shall reclassify employees or duties of occupations
performed or engage in any other subterfuge for the purpose of defeat-
mg the purposes or provisions of the Act or of this Code.
5. All1 employers shall post copies of Articles III, IVT and V of this
Code in conspicuous places accessible to employees.
6. Every employTer shall make reasonable provisions for the safety
and health; of his employees at the place and during the hours of their
employment. Standards for safety and health shall be submitted
by the Code Authority- to thae Administ~rator within six (6) months
after the effective date of this Code.
7. The Code Authority shall make a study of conditions in the
Industry to det~ermline the feasibility~ of the adoption of a shorter
working week: and shall, within thrree (3) months after the effective
date of this Code, make a report of its findings to the Administ~rator.
The Code Authzori~y~ shall also submit to the Administrator within






182


six (6) months after the effective date -of this Code, a, plan ftor the
stabilization and regulation of employment.
8. The manufacture or partial manufacture of any product of the
Industry in homes shall be prohibited.
ARTICLE: VI--AccounTIGalw-SLLING
1. The Code Authority shall, as soon as practicable, formlulate a
standard method of accounting and costing: for the Industry and
submit the same to the Adminlistrator. Wdhe~n it shall have been
approved by the Admiistrator, every member shall. use an accounting
and costing system whchL conlforms to the principles of, and is at
least as detailed and complete as, such standard method.
2. T~he Code Authority- may froma time to time determie that an
open price plan of sellig such product or products of the Industry
as it shall specify shall. be put into effect on such date as it sall fix.
Notice of such determination shall be announced to all known members
of the Industry who manufacture such products not less than thirty
(30) days prior to the date so fixed.
3. At least ten (10) days prior to such date, every such member
shall, file with the Code AuthorityT a schedule of prices and terms of
sale for all such products or, in the alternative, shall be deemed to
have filed a schedule conforming in respect to price and terms of sale
with the schedule at any time on file which states the low-est price
and the most favorable term.
4. Atll such schedules shall be in such formr as the Code Authority
shall prescribe anld shall contain all information necessary to permit
any3 interested person to determined the exact not price per unit after
all discounts or other deductions have been made, whether pertaining
to a single order, a commitment for future delivery, or a contract. All
such original schedules shall. become effective on the date fixed by the
Code Authority as provided in Section 2 hereof.
5. A revised schedule or schedules, or a new schedule or schedules,
or a nlotice! of withdrawal of a schedule previously filed, mnay be filed
by a member with the? Code Authority at a ny time, provided, how-
ever, that any member who withdraws a schedule without substituting
a newv schedule therefore shall be deemed to hav~e filed a schedule con-
forming in respect to price and terms of sale with the schedule at any
timne thereafter on file which states the lowest price and the most
favorable terms. Any schedule or notice filed hereunder shall become
effective ten (10) days after the date of filing, provided, how-ever, that
an increased price may become effective at such earlier date as t~he
member filig thze same shall fix.
6. T1Lhe Code Aulth~orityS shall promptly supply all memlrbers of the
Industry who mannufa-cturer any particular product w-ith copies of all
schedules, revisred schedules, andr notices of withdrawal, which pertain
to such. product. Immnediately upon r~cceipt of information relative
to the withdrawal of a price for any produlc t, any mlemlber mnay file
notice of w-ithdrawlal of his owfn price for the samel products effective
as of the samec date as the, notice of w-ithIdrawal of sulch other mlember.
Inunlediately on receip~t of information thant a; schedule then on fie
has been rIevised, or that a new scheduled has beenri filed, any mlemberr
m~y~ file. a revised scheduled conform~ing as to price. anld termls to t~he
schedule of such other ~emuber, and effective on thre samne date, or he






183


moay notify the Code Authrority that he adopts as his owPn the schedule
of such other member. In the latter event, he shall be deemeld to
have fied a revised schedule conforming to the revised schedule of
such other member.
7. No such. schedule of prices and terms of sale filed by any membler,
or in effect at any time, shall be such as to permit thae sale of any
product at less that the cost thereof to such :member determlined in
the manner provided in. Section 11 hereof, provided, how-ever, that
any member may by notice to the Code Author~ity adopt as his own a
lower price filed by anothr designated member. Such adoption shall
become automatically void upon the with'fdrawa.l or revision upwrtard
of the price adopted.
8. No~ member wiho shall have filed a price, or adopted as his own
a price ~filed by another member for any product of the Industry, shall
sell such product for less than such price or upon terms or conditions
more? favrorable than stated in such price schedule. No member who
shal have failed to fie a price for any product for which the open
price. plan is ini effect, shall sell such product, at a lower price or on
terms more favorable th2an. the lowest price and most favorable termls
stated. in any price schedule for such product then on file.
9. Te Cde Athoityshall furnfih at cost to any non-member re-
questing them, copies of n rc ceue hc aebe ie
wPith it. Such price schedules shall, be made available to non-m~embers
at thie same time that they are sent to mlem~bers.l
10. No member shall sell any product of the Industry for which no
open price plan, is in effect at less than the cost thereof to slch member,
determined as provided in Section 11 hereof, except to meet the price
of a competitor whose price does not violate such Section.
11. Cost., for the purposes of this Article, shall be determined
pursuant to the mlethod2 of accounting and costing prescribed as pro-
vi~ded in Section I hlereof as soon as such method is adopted, and ap-
proved, and theretofore pursuant to thae method employed by such
member subject to such preliminary rulles as the Code Authority shall
from time to time prescribe with. the approvoal of the Admninist~rator.
12. For the purpose of determlining whether Sections 7 and 10
hereof have been complied with, evermebrhlluoterqes
of the Code Authority furnish a designed sagency of the Coeuej
Authority in respect to closed transactions only, with complete infor-
mation in regard to any quotation, order, contract, or sale of any
prodfict of the Industr$, including information as to specifications,
quantities, price, conditions of storage, transportation or delivery,
terms of billing, cash. or trade discounts allowed and other pertinent
facts relating to such quotation, contract or sale.
13. Nothing herein contained shall be constructed to prevent the
disposition of distress merchandise required to be sold to liquidate a
defunct or insolvent business or of discontinued lines, damaged goods
or seconds, in such manner, at such price and on such terms and
conditions as the Code Authority and the Admin istra tor mlay approve.
14. Nothing herein contained shall be construed to prevent the
fulfillent of a bona ~fide con tract existing on the effective date of this
Code.
1 see paragraph 2 of order approving this Code.






184


ARTICLE VII--REPORETS nND STATIamICS
1. Each member shall prepare and file with an. impartial agent
designated by hthe Code Authority at such times and in such manner
as it may prescribe, such. statistics, data and information relating to
plant capacity, volume of production, volume of sales in units and
dollars, orders received, unfilled orders, stocks on head, inventory
both rawv and finished, number of employees, wage rates, employee
earnings, hours of work and other mnat~ters, as thle Code Aut.hority or
tlhe Administra~tor may from time to time require. BAn or all inifor-
mation so furnished by- anly member shall be subject to checkig for
the purpose of verification by an examination of the books, accounts
and records of such member bly any3 disinterested accountant or
accountants or other qualified person or persons designated by thie
Code Authority.
2. Exrcept as otherwise provided in the Act, or in this Code, all~
statistics, data and information filed or required in accordance wfith
the provisions of this Code shall be confidential and the statistics,
data and information of one member shall not be revealed to another
member. ~No such data or information shall be published except in
combination with other similar data and ini such a m~anne~r as to avoid
the disclosure of confidential information. The Code Authority shall
arrange in such manner as it may determine for t~he current p public ation
of industry statistics to members.
3. The Code Authority shall make such reports to the Admiis-
trator as he may from. time to time require.
4. In addition to information required to be submitted to the Code
Authority there shall be furnished to Governm~ent Agencies such
statistical information as the Aldministrator may deemz necessary for
the purposes recited in Section. 3 (a) of the Act. Nliothing contained
ini this Code shall relieve any member of any existing obligations to
furnish reports to any Government Agency.
ARTICLE VIII--MONOPOLIES
1. ~No provision of this Code shall be so applied as to permit~ monopo-
lies or monopolistic practices, or to eliinate, oppress or discriminate
against small enterprises.
ARTICLE IX-RECOMMXI EN~DATIONS
1. The Code Authorit~y may, from time to time, present to thle
Administrator recommendations based on conditions in the Industrly
which wrill tend to effectuate the operation of this Code and the pol-
icy of the Act, and in particular along the following lines:~
(a) For thie establishment of additional rules of Fair Trade Prae-
tices for the ITndustry and for the modification of its Trade Customs,
and the enforcement thereof.
(b) For the establishment of plans to eqlualize production w~ith de-
mlandl, so that the interesls of the Industry~ and the public may be
properly servedt.
(c) F~or dealing wtith any other ine~qualityv thatt mlay arise to erndan-
ger the stability of the Indurstry and of production and employment.






185


(d) For an increase or decrease in the number of Ild ust ry members
of the Code Authority and/or for a change in the method of choosing
such members.
2. For the purpose of assisting the Code Author~ities of the Paper
Manufacturing and/or Converting Industries in the adjustmenllt of all
labor disputes and labor complaints easing within. such Industries,
the Code Authorityv shall consider the adv~isability of creating a Joint
Industrial Relations Board for such Industries and shall r~epo~rt its
recommendations to the Administrator.
3. Recommendations made pursuanlt to Sectionsl 1 and 2 hereof
when appro-ved by the Admninistrator shall have t~he same force and
effect as other provisions of this Code.
ARTICLE X--TRADE PRACTICES

1. T'he folilow-ing are hereby constituted Trade Practices for the
Industry and failure to comply with the provoision thereof shall be a
violation of thiis Code:
(a) Miemnbers of the Industry shall not practice deception in regard
to that which is sold or its selling price by false or mli-.E-leaing~ descrip-
tion1, statement, record, or undisclosed consideration.
(b) Members shall refrain from dumping, defelrredl delivery~, exten-
sion of stated credit and se~cret~ rebates.
(c) Members shall not willfully injure by falsely defolrninlg a competi-
tor's goods, credit, or ability to perform his contracts.
(d) Members shall not wilfully induce or attempt to induce, the
breach of a comzpetitor's contract.
(e) N~o member shall give, permit to be given, or directly offer to
give, anything of value for the purpose of influencing or rewarding the
action of any employee, agent or representative of another in relationl
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. Tlhe foregoing provisions shall not be
construed to prohibit free and general distribution of articles commonl-
ly used for advertising except so far as such articles are actually
used for commercial bribery as herein. defied.
(f) No member of the Industry- shall ship goods on consignment,
except under circumstances to be defined by the Code Authority
where peculiar circumstances of the Industry require the practice.

ARTICLE XI[--GENERAL PROVISTIONS
1. If any- member is also a member of another indlust~ry, the pro-
v~isions of this Code shall apply to and affect only that part of his
business which is included in this Industry.
2. Any work or process incidental to anid carr~ied on by a mlember at
his plant as a part of the manufacture of any- product of the Industry,
shall be regarirded as a part of this Industry.
3. Such of the provisions of this Code as a~re not required to be
included therein by the Act, may, with the approval of the Admninis-
trator, be modified and eliminated as changes in circ~ums~ta;ncec or
experience may indicate.
4. This Code and all the provisions thereof are expr~essly made sub-
ject to the right of the President., in accordance with the provisions of






186

Section 10 (b) of the Act, from time to time to cancel or modify an
order, approval, license, rule or regulation, issued under Title I of
said Act, and specifically, but without limitation, to the right of the
President to cancel or mzodify his approval of this Code or any condi-
tions imposed by him upon his approval thereof.
5. This Code shall become effective on the second 1\fonday after the
date upon which it shall be approved by the Preside~nt of the United
States.
Approved Code No. 296.
Registry No. 407-07.
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UNIVERSITY OF FLORIDA
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