Code of fair competition for the trailer manufacturing industry as approved on June 26, 1934

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Title:
Code of fair competition for the trailer manufacturing industry as approved on June 26, 1934
Portion of title:
Trailer manufacturing industry
Physical Description:
p. 131-144 : ; 23 cm.
Language:
English
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United States -- National Recovery Administration
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Government Printing Office
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Washington, D.C
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Subjects / Keywords:
Trailers -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 471."
General Note:
"Registry No. 1420-01."

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Source Institution:
University of Florida
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All applicable rights reserved by the source institution and holding location.
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aleph - 004940643
oclc - 654807898
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Full Text

U.S. DEPO -


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mar rsal by tes Baperlatendt of Documents, Washngton, D.C. . Price 5 cents


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Approved Code No. 471


Registry No. 1420--01


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


TRAILER

MANUFACTURING INDUSTRY


AS APPROVED ON JUNE 26, 1934


WI Do OUR PART


UNIV. OF FL LIA.
UMEhils DEPT.


UNITED STATES
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
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Approved Code No. 471


CODE OF FAIR COMPETITION
FOR THE

TRAILER MANUFACTURING INDUSTRYe'J

As Approved on June 26, 1934


ORDER

CODE OF FAIR COMIPETITION FOR THE TRAILER 14ANUFiACTURINGC
INDUSTRY
An application having been dully made pursuant to and in full
compliance with the provisions of Title I of the N~at~ional Industrial
Recovery Act., approved June 16, 1933, for approval of a Code of
Fair Competition for the Trailer Alanufacturing Indust~ry, Eand
hearing having been duly held thereon and the annexed report on.
saidj Codre_ containingr findings with respect theret~o, having been.
made andl directed to th~e President:
NOWY, THEREFORE, on behalf of the President of the United
States, I', Hugh S. Johnson, Adm~inistrator for Industrial R~ecovery,
pursuannt to authority vested in me by~ Executive Orders of the Presi-
dent, including Execeutive Order lio. 6543-A, dated December 30,
1933, and otherwise; do hereby~ incorporate by reference said annexed
report andi do find that said Code complies inl all respects with th~e
pertinent provisions and will promote the policy and purposes of
said Title of said Act and do hereby order that said Code of Fair
Competition be and it is hereby approved;
Provided, however, that the provisions of A~rticle 1TI, Section 5,
insofar as they prescribe a waitin g period between the filing with,
the Code Authority a~nd the effective date of revised price lists or
revised terms and conditions of sale be and they are hereby stayed
pending my further order; and
Provr~ided, further, that the provisions of Article VII, Section 6,
insofar as it provides that prices in no event shall be less thanJ the
individual member's cost, be and they are hereby stayed for a period
of sixty (60) days and thereafter, unless, during such period good
cause is shown why such stay should not be made permanent, and
I by my further order otherwise direct; and
Prov~ided, further, that the continued participation of t~he Trailer
Manufacturers' Association in the Code Authority after thirty days


70244"---657-155----84


(131)






132

from the effective date of this Code shall be contingent upon its
amending its constitution and by-laws to the satisfaction of the
Administrator.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended :
C. E. ADAMIS,
Division Admi~nistrator.
TVASHINGTON, D.C1.,
Julne ,"6, 19.35.












REPORT TO THE PRESIDENT


The PRESIDENT,
The Wthite Ho~use.
SIn: The proposed Code of Fair Competition for One Trailer
Manufacturing Industry w~as submitted to the Administ~rator on.
August 30, 1933, by the Trailer Mlanufacturers' Association, repre-
senting at least 80%~ of the volume of production and 7096 of the
number of manufacturers in the Industry.
The hearings was conducted in Wash~ington on January 11, 1934,
and th~e Code was revised during thle recess of this hearing and
submitted in its present form for approval. Every person who
requested an appearance was properly heard in compliance wit
statutory and regulatory requirements.
The Industry irs nation-wide in scope of opeain ihamre
which includes large interests and the individguealonsumer. Figures
submitted showv a gr~oth from 5 establishments in 1928, to 45 in
1933, withi an increase in employees fromt 1805 in 1928 to 2650 in
Aurrust, 1933. Annual sales, on the other hand, have not kept pace
witfi the increase in employment, only a slight increase having oc-
curred from a figure of $7,5;00,000.00 in 1928 to $8,500,000.00 in 1932,
the last year for which annual sales reports are ava.11able..
ARTICLE T. Purpose.--States the purpose of the Code.
A RTICLE II. 98/Eqbilon.8.--Accu rately defines the specific terms ap-
plicable to the Trailer Manufacturing Industry, as used in this
Code.
ARTICE 111. aours.-M~aximum hours aire limited to 40 hours in
any 7 day period, except that during any 6 weeks in any 26 week
pe riod, overtime not exceeding 8 hours in any 7 da period is per-
mitted.. Watchmen shall not be permitted to wor more than 56
hours per w~eek. Travelling salesmen, and executives, supervisors,
and managers wrho earn not less than $35.00 per wteek, are not subject
to any hourly limitation. The maximum hours shall not apply in
cases of emnergency maintenance or repair workr involving breakdowFn
or protection of life or property.
ARTICE IVT. T (Z88.--The minlmum WngeS for employees, whether
actually complensated on a time rate, piecew-ork or other basis, is at
the rate of 400 per hlour, withl a minimuml rate in t~he Souith andl
in communities of less thann 50,000 population of 35~ per hour, except
as otherwise prov~idedl. N\o office or clerical employee shall be paid
less than $15.00 per week, except that, in the South and in commuiini-
ties of less than 50,000 population, the rat~e shall be not less than
$14.00 per week. Office boys or girls magy be employed at a rate not
less than 80%o of the minimum rate paid office employees. Equita~ble
adjustment of all pay schedules above the minimum shall be re-
ported by each employer. Provision is also made for the employing
of handicapped persons.
(133)






134


AnTIcLE V. General L ab or Provisio ns.--Provi des th at no person
under 16 years of age shall be employed, and that no persons under
18 years of age shall be employed at operations or occupations which
are haozardous in nature or dangerous to health. The mandatory
provisions respecting the rights of employees to organize and bargain
collectively are included. Reclassifications of employees for pur-
posesa of subhterfu"' """"-ge is prohibited. Employers shall provide for the
safety and health of employees, observe State and Federal Laws and
shall post copies of pertinent parts of this Code so as to be accessible
to employees.
ARricLE VI. Organization, Powers antd Duties of the Code Auc-
th oriy.-E~stablishes a Code Authority consisting of 5 persons, 4
of whom are to be selected by the Trailer Mlanufacturers' Association,
anrd 1 to be selected by non-members of the Association, under a plan
to be approved by the Administrator. In addition, the powers and
duties of the Code Authority are set forth.
ARTICLE VII. Trade Practi~ces.--Sets forth fair trade practices for
the Industry, and furthermore provides for the filing of open prices,
effective not less than 10 days after filing.
ARrlCLE VIII. Export T'rade.-Sdets forth that no provision of this
CodelP rel~t~ingr to niprice or terms of selling, shipping or marketing
shalll apply to export trade or sales or shipments for export trade.
ARrICLE IXE. 11fodification~.-Sets forth that this Code and all pro-
vrisions thereof are expressly made subject to the right of the Presi-
dent in accordance withl Sub-section (b) of Section 10 of the Act,
from time to time to cancel or modify any order, approval, license,
rule or regulation issued under said Act. Provision is made that
amendments may be submitted by the Code Authority or in behalf
of the Industry or subdivisions thereof, for approval by the
Administrator.
ARTICE Xi. 11/onopolies.--Sets forth that no .provision of this
Code shall be so construed or applied as to permit monopolies or
monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
ARrICLE X;I. EfTecti~ve Date.--Sets forth the effective date of this
Code as the fifteenth day after its approval by the President.
FINDI NGs

The D~eputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I: find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will
provide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and ma~intamilng united .action of labor and
management under adequate governmental sanctions and supervi-
sion, by eliminating unfair competitive practices, by promoting the
full est possible utilization of the present productive capacity of






135


industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasingly the consumption of
industrial and agricultural products through increasing purchas-
ing power, by reducino- andi relieving unemployment, byr imiprovingr
stan ards of labor, an% by otherwise rehanbilitating industry.
(b) Caid Ind~ufstr 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 the perti-
zient provisions of said Title of said Act, including without limita-
tion Sub-section (a) of Section 3, Sub-section ('a) of Section 7, and
Sub-section (b) of Section 10 thereof, and that the applicant associa-
tion is an industrial association trulS representative of the afore-
said industry, and that said association imposes no inequitable re-
strictions on admission to membership therein.
(d) The Code is not designed to and will not permit mronopolie~s
or monopolistic practices.
(e) The Code is not designed to and will not elimninat~e or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior t~o approval of said. Code.
For these reasons, therefore, this Code has been app~-oved.
Respectfully,
HUGH S. JOHNSON,
Addraiirstrator.
JUNE 26, 1931.









CODE OF FAIR COMbPETITI~ON FOR THAE TRtAILER
MACNUFACTUR~ING INDUSTRY

ARUICLE I--FURPOSES
To effect the policies of Title I of the National Industrial Recovery
~Act the following provisions are established as a Code of ]Fair Comn-
'petit~ion for the Trailer Manufacturing Industry, and shall be the
standards of fair competition for such Industry and shall be binding
upon every member thereof.
ARTICLE II--DEFINITIONS
1. The term Trailers as used herein is defined to mean any
commercial vehicle attached to or towed behind any motor vehicle,
including, but without limitation, passenger automobiles, trucks and
truck tractors, but excluding motorcycles, for carrying passengers
or freight of any description.
2. The terms trailer manufacturing industry ", trailer indus-
try or Indust~ry as used herein are defined to mean the manu-
facturingo or assemnblinga and sale by the manufacturer or assembler
of Trailers and bodies therefore, and of component and repair parts
and accessories by manufacturers or assemblers of trailers, and such
related Branches or Subdivisions as may from time to time be in-
cluded under the provisions of this Code by the President or the
Administrator after such notice and hearing as he may prescribe.
3. The term "' Association as used heremn, means Trailer Manu-
facturers' Association, a trade association at present having its offce
at 7 East 44th Street, New Y'ork City.
4. The term "' employee as used herein, includes any and all per-
sons engaged in t~he industry, however compensated, except a member
of the industry.
5. The term "L employer as used herein, means anyone for whose
benefit such employee is so engaged.
6. The term member of the industry includes but without limi-
tation, any individual, partnership, association, corporation or other
form of enterprise engaged in the industry, either as an employer
or on his or its own behalf.
7. The terms "' President ", a Act and "L Administrator as used
herein, mean respectively the President of the ULnited States, Title
I of the National Industrial Recovery Act and the Administrator
for Industrial Recovery. Population for the purposes of this Code
shall be determined by reference to the 1930 Federal Census, and
Trade Areas shall be defined according to the maps of the U.S.
Department of Commerce.
AnTIctrn III-Hou7Rs

1. No employee shall be permitted to work in excess of eight (8)
hours in any twenty-four (24) hour period or forty (40) hours in
any seven (7) day period, except as herein below otherwise provided.
(180)






137

2. The provisions of the above Section 1 shall not apply to:
A. Traveling salesmen.
B. Persons engaged in a supervisor, managerial or exiecuitive can
pacity, who earn not less than Thirty-five ($35.00) Dollars per week.
C. Watchmen, who shall not be permitted to vor~k in excess of
fifty-six (56) hours in any one wTeek.
3. E~mployvees may be permitted to work in excess of the mlaximum
hours provided in Section 1 of this Article dulrinea any six: (6) weeks
in any twenty-six (26) weeks' period, provides, that during such
six (6) weeks, such overtime shall not exceed eight (8) hour in
any seven (7) day period; and provided further, that compensation
at a rate of at least one and one-half (14.5) times the regular rate
shall be paid for hours worked in excess of eight (8) hours in any
twenty-four (24) hour period, or forty (420) hours in any seven (7Y)
day period.
4. The maximum hours provided in Section 1 of this Article shall
not apply to any employees engaged in emergency maintenance or
emergency repair work involving breakdowns or protection of life
or property, but compensation at. a rate of at least one and one.-
half (11/c2) times the regular rate shall be paidl t~o such employees for
all hours worked in excess of eight (8) hours in any twenty-four
(24) hour period, or forty (40) hours in any seven (7) day period.
5. No employee shall be permitted to work more than six; (6)
days in any seven (7) day period.
6. No employer shall perform the functions of any employee,
except in compliance with the provisions of this Article.
7. No employer shiall knowing~ly permit any employee to work for
any time which when totalled with that already performed with
another employer or employers, exceeds "the maximum hours per-
mitted herein.
AtRTICLE IV- AG~ES

1. No employee, except as herein otherwise provided, shall be paid
less than at the rate of forty (400) cents per hour.
(a) In communities of less than 50,000 population and in thie states
of North Carolina, South Carolina, Georgia, Alabama, Florida,
Tennessee, M~ississippi, and Louisiana, no employee shall be paid less
than at the rate of thirty-five (35e) cents per hour.
2. No office or clerical employee, except as herein oth-erwise pro-
vided shall be paid less than at the rate of fifteen ($15.00) Dollars
per week.
(a) In communities of less than 50,000 population and in the states
of North Carolina, South Carolina, Georgia, Alabama, Florida,
Tennessee, M~ississippi and Louisiana, no such office or clerical em-
ployee shall be paid less than at the rate of fourteen ($14.00) Dollars
per week.
3. Office boys or girls may be employed at not less than eighty (80)
per; cent of th~e minimum rate set forth in Section 2 of this Article
Provided, that the number of such office boys or grsi h
employ of any member of the industry shall not exceed five (5) per
cent of the total number of office employees of such member, but at






138

least one such office boy or girl may 'be employed by any member of
the industry.
4. This Article establishes minimum rates of pay which shall
apply irrespective of whether an employee is actually compensated
on a time rate, piecework, or other basis.
5. Each employers shall make an equitable adjustment of all pay
schedules above the minimum and not later than thirty (30) days
after the effective date of this Code, each employer in the industry
she11 report to the Administrator, through the Code Authority here-
inafter provided for, the action taken by such employer since June
16, 1933 in adjusting the hourly wage rates for all employees receiv-
ing more than the minimum rates. -Such adjustment shall not reduce
the hourly wage rate of any such employee.
6. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
7i. A person whose earning capacity is limited because of age or
physical or mental handicap may be employed on light work at a
wage below the minimum established by this Code if the employer
obtains from the State Authority designated by the U.S. Department
of Labor a certificate authorizing his employment at such wages and
for such hours as shall be stated in the certificate. Such Authority
shall be guided by the instructions of the. U.S. Department of Labot*
in issuing certificates to such persons. Each employer shall file with
the Code Authority a list of all such persons employed by him.
ARrlCLE V--GENERAL LABOR PnovzsloNs
1. No person under sixteen (16) years of age shall be employed
in the Trailer Industry. *No persons under eighteen (18) years of
age shall be employed at operations or occupations which are
hazardous in nature or dangerous to health. The Code Authority
shall submit to the Administrator for approval within ninety (90)
days from the effective date a list of such 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 valid certificate or permit duly
signed by the Authority in such State empowered to issue employ-
ment or age certificates or permits showing that the employee Is
of the required age.
2. Employees shall have the right to organize and bargain col-
lectively 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 andi no one seeking employment shall be required
as a condition of employment to join any company union or to
reframn from joinmng, organizing, or assistmg a labor organization
of his own choosing. Employers shall comply with the maximum
hours of labor, minimum rates of pay, and other conditions of
employment approved or prescribed by the President.
3. No member of the industry shall reclassify employees or duties
or occupations performed or engage in any other subterfuge for
the purpose of defeating the purposes or provisions of the Act or
of this Code.






139


4. Every employer shall make reasonable provisions for t~he safety
and health of his employees at the place and during thie hours o
their employment. Standards for safety and health shall be sub-
mlitted by the Code Authority to the Administrator for approval
within six months after the effective date of this Co~de.
5. No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requiiremenits as
to age of employees, wages, hours of work, or as to safety,~ health,
sanitary, or general working conditions, or insurance, or fre pro-
tection than are imposed by this C~ode.
6. All employers shall post in conspicuous places accessible to
employees full copies of Alrticles III, IVT and V, and any sotherar
labor provisions of this Code, in accordance with suchruean
regulations as may be established by the Adlministrator.
ALRTIcuE VI--ORGANIZATIONT, POWERS AND DU7TIES OF THE CODEP
AUTHORITY.x
1. Thre is: hereby cons.tituted a Conde Auithorrity consist~ing of five
(5) persons, four (4) mnemlbers thereof to be selected byr the Trailer
Manufacturers' Association by a majority vote of the members pres-
ent at the annual meeting held on Jnnuary 10, 1934, as adjourned, and
at each annual meeting of said Association thereafter, so long as this
Code shall be in effect, and the other member of said Code Authority
to be selected by a fair method of selection, approved by the Adminis-
trator by nonmembers of the Association who have assented to and
are complying with this Code.
2. In addition to mnemblership, as hereinabove provided, there may
be not more than three (3) additional members, without vote, to be
appointed by the Administrator, to serve for such terms as miay be
specified by the Administrator.
3. Each trade or industrial association directly or indirectly pr-,T
ticipating in the selection or activities of the Code Authorityshl
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of it~s articles of Association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of thle Act.
4. In order that the Clode Authority shall at all times be truly rep-
resentative of the industry and in other respects comply with the
Provisions of the Act, the Administrator may prescribe such hear-
Ings as he may deem proper; and thereafter if he shall find thant the
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, he may require an
appropriate modification in the method of selection of the Code
Authority.
5. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall this Code
be construed to render any member of the Code Authority liable in
any manner to anyone for any act of any other member, officer, agent,
or employee of the Code Authority. Nor shall this Code be construed
a See paragraph 5 of order approving this Code.






140

to render any member of the Code Authority, exercising reasonable
diligence in the conduct of his duties hereunder, liable to anyone
for any action or omission to act under this Code, except for his own
willful malfeasance or non-feasance.
6.- M~embers of the industry shall be entitled to vote for the Code
Authority as above provided and participate in and share the bene-
fits of the activities of the Code Authority by assenting to and com-
plying with the requirements of this Code, anti sustaining their pro
rata share of the expenses of its administration as determined by
the Code Authority, subject to approval by the Administrator, on
the basis of volume of business, or such other factors as may be
deemed equitable.
7. If the Administrator shall at any time determine that any
action of t~he Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of thle merits of such action and further consideration
by such Code Authority or agency pending final action, which shall
not be effective unless the Admimistrator approves or unless he shall
fail to disapprove after thirty (80) datys' notice to him of intention
to proceed with such action in Its origmal or modified form.
8. Subject to such rules and regulations as may be issued by the
Administrator, 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 execution of the provisions of this Code and
provide for the compliance of the members of the Industry with the
provision of the Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the Industry such information and
reports as are required for the administration of the Code and to
provide for submission byV members of such information and reports
as the Administrator mayv deem necessary for the purposes recited
in Section 3 (a) of the Act, which information and reports shall be
submitted by members to such administrative and,/or government
agencies as the Administrator may designate; provided that nothing
in this Code shall relieve any member of the Industry of any exist-
ing obligations to furnish reports to any government agency. No
individual reports shall be disclosed to any other member of the
Industry or any other party\, except t~o such governmental agencies
as may be designated by thle Administrator.
(d) To use such trad~e associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
hlerein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Ciode and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the Industry.
(f) To secure fromt members of the Industry an equitable and
proportionate payment of the reasonable expenses of maintaining-






141


the Code Aut~hority and its activities, in conformlity with Section 6
of this Article VI.
(g) To recommend to the Administrator further fair trade prao-
tice provisions to govern members of the Industry in their relations
with each other or with other Industries and to recommend to the
Admilnistrator measures for indsrtriail planning, including stabiliza-
tion of employment.

AgrICLE VII--TRADE PRACTICES

The following practices are hereby declared unfair methods of
competition and no member of the Industry shall engage in such
practices.
1. To make contracts, blanket. orders, or other commitments guar-
anteeing prices, except upon firm orders for definite quantities and
definite times of delivery.
2. To demonstrate Trailers to any customers or prospective cus-
tomers for more than one period of seventyv-twfo (72) hours; or to loan
or rent Trailers to any customer or prospective customer, except in
accordance with the following requirements; (a) Such Trailers shall
not be loaned or rented for more than one. period of thirty (30) days;
and, (b) There shall be an ndequate rental charge based upon the
value of the Trailer loaned or rented.
3. To sell Trailers or permit them to be sold wccith a, represented
capacity more than the rated capacity of t~he axles of said trailers,
having regardd to the distribution of t~he load on the axles. N~o
member of the industry shall represent the gross load which can be
carried by the trailer axle or axles to be greater than the manufac-
turer's rated capacity. These rated capacities shall be stated in
specifications, and a complete list of axle sizes and rated capacities
shall be Bled with the Code AuthorityV, which shall make, thle same
available to all members of the ind-ustry as wcell as to customers
or prospective customers.
4. To sell products of the industry to any customer at net realized
prices lower than are offered to all other customers of th~e same
classification for the same quantity, grade, quality, or style, provided,
however, that due allowance may be made for differences in trans-
portation costs. The Code Authority shall recommend to the At~d-
ministrator a fair and equitable classification of customers basedl
upon services rendered. Upon approval of the Administrator, after
such hearing as he may prescribe, such classification shall be adhered
to by all members of the industry. If any application of thie fore-
going classifications should w~ork unjust hardship upon any member
of the industry or any customer, such member of the industry or
customer may appeal to the Code Aut~hority, which shall have power
to make or require, subject to approval by the Administrator, such
reclassification as justice demands.
5. To fail to file with the: Code Authority a net price. list or a
price list and discount sheet, as the case may be, individually pre-
pared by the member of the industry showing his current prices, or
prices and discounts, and terms of payment on products of the
industry other than special trailers to the respective classes of cus-
tomers established pursuant to Section 4 of this Article VII. The






142


Code Authority shall immediately send copies thereof to all other
members of the industry. The Code Authority shall likewise makeR
such filed prices available for inspection by customers or prospective
customers of the classification or classifications affected. Revised
price lists, with or without discount sheets, may be filed from time
to time thereafter with the Code Authority by any member of the
industry, to become effective upon a date specalled by such member,
which date shall be not less than ten (10) days after the filing o~f
such revised prices with the Code Authority and~copies thereof with
notice of the effective date specified shall be immediately sent to all
other members of the industry who thereupon may file, if they. so
desire, revisions of their price lists and/or discount sheets, which,
if filed previous to such effective date, shall take effect upon said
date. The Code Authority shall likewise make such revised fied
prices available for inspection by customers or prospective customers
of the classification or classifications affected.
No member of the industry shall sell or offer to sell any product
at prices, discounts or terms of payment other than as provided in
the schedule of such member on file with the Code Authority, as
above provided?'
6. To fail to calculate prices for special trailers on the same basis
as those for which prices are filed, which prices in no event shall be.
less than the individual member's cost. There shall be no require-
ment for the publishing or filing of list prices for special trailers..
7. To sell or offer for sale any product of the Industry by any
false means or device which has the tendency and capacity to mislead
or deceive customers or prospective customers in any material par-
ticular as to such product (including but without limitation capac-
ityT, quality, grade, substance, or size of such product).
8. To imitate the trade marks, trade names, slogans, or other marks
of identification of competitors, having the tendency or capacity to
mislead or deceive purchasers or prospective purchasers.
9. To makie verbal or written warranties or guarantees which
contain statements and representations respecting the product (in-
cluding, but without limitation, capacity, weight, method of construc-
tion, and character of material used) having the tendency or capacity
to mislead or deceive purchasers or prospective purchasers in some
material particular.
10. To induce or attempt to induce the breach of an existing con-
tract between a competitor and his or its customer or source of sup-
ply; or to interfere withl or obstruct the performance of any such
contractual duties or services, with the purpose or effect of unduly
hampering, injulring or embarrassing competitors in their business.
11. To publish or circulate unjustified or unwarranted threat of
legal proceedings which tend to or have the effect of harassing com-
petitors or intimidating their customers.
12. Secretly to offer or make any payment or allowance of a rebate,
refunds, commission, credit, unearned discount, or excess allowance,
whether in the form of money or otherwise, or secretly to offer or
extend to any customer any special service or privilege not extended
a See paragraph 3 of order approving thie Code.
a Bee paragraph 4 of order approving this Code.






143


to all customers of the same class, for the purpose of influencing a
sale.
13. To give, permit to be given,.or directly otfer to give anythiing
of value for the purpose of influencing or rewarding the action
of any employee, agent, or representative of another in relation to
the business of the employer ofe such employee, t~he principal of such
agent, or the represented party, without the knowledge of such em-
ployer, principal, or party. This Section shiall not be construed to
prohibit free and general distribution of articles commonly used for
advertising;, except so far as such articles are actually used for comn-
mercial bribery as herein above defined.
14. To make any installment or time sales of new or used Trailer~s,
except on t~he following basis:
a. Minimum payment at time of delivery of twenty-five (25%~c)
per cent. In the computation of such minimum down payment, the
value of used equipment accepted in trade, may be included.
b. Terms shall not be granted beyond eighteen (18) months from
date of delivery, including period of rental, if any.
c. Interest shall be required on the deferred balance of the pur-
chase price at the rate of not less than six per cent (6%0) per annum.
d. If the member of the industry shall have paid any insurance
premium in behalf of the purchaser, such sums so paid shall be
repaid to the member in addition to payments made on account of
the purchase price and interest thereon.
15. To makie allowance for trade-in of any product of the in-
dustry in excess of the then actual resale value thereof as may be
determined on the basis of rules and regulations to be formulated
by the Code Authorityv and approved by the Administrator.
16. After sixty (60) days from the date of approval of this Code
to sell or ship products of the Industry on consignment except to
wholly owned subsidiaries of the selling or shipping member of the
Industry. If the application of this Section should worki unjust
hardship upon any member of the Industry or any customer, such
member or customer may appeal to the Administrator who shall
have power to grlant such relief as justice may require.
ARTICLE VIII-EXYPORT TRADE

1. No provision of this Code relating to prices or terms of selling,
shipping, or marketing shall apply to export trade or sales or ship-
ments for export trade.
2. With the approval of the Code Authority and the Adminis-
trator, an exception similar to that provided mn Section 1 of this
Article shall apply to any sale or shipment of materials actually used
in manufacture for Export Trade.
ARTICLE IX-ATODIFICA~TION

1. This Code and all provisions thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of sub-section (b) of Se~ction..1 of the Act, from time to time to
cancel or modify any order, approval, license, rule, or regulation
issued under said Act.




UINIVERStIY OF FLORIDA

11111115151111111111111111111IIIIII
3 1262 08852 5646

9. Such provisions of this Code as are not required to be~
therein by the National Industrial 1Recovery Act, may, upon a~~;;~; '
cation duly made on behalf of the Ind~ustry and with the a
of the Administrator, be modified or eliminated. It is conte .
that from time to time supplementary provisions to this C e:~F'~ dr
additional Codes may be submitted in behalf of the Industry or varc 'id
ous subdivisions thereof for approval. The Code Authority may
recommend any amendment of this Code and upon approval~ t ereof
by the Admimistrator after such notice rand hearxng -es he may
prescribe, such amendment shall be binding as a part of this Code.
Annou:; X--MONOPOMIES

1. No provision of this Code shall be so construed or applied as
to permit monopolies or monopolistic practices, or to elmirinate,
oppress, or discriminate against small enterprises.
Annon:E XI--EFFECH]VE Dd'Erai~:

This Code shall become effective on the fiftee~nth day after .ite
approval by the; President, and shall continue in effect until June
16, 1935, or until such time prior thereto when the President shall,
by proclamation, or the Congress shall by joint resolution, declare
that the emergency recognized by Section 1 of the Act has ended.
Approved Code No. 471.
Registry No. 142(M)1.
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