Code of fair competition for the wire, rod and tube die industry as approved on February 1, 1934

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Material Information

Title:
Code of fair competition for the wire, rod and tube die industry as approved on February 1, 1934
Portion of title:
Wire, rod and tube die industry
Physical Description:
p. 65-74 : ; 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:
Dies (Metal-working) -- United States   ( lcsh )
Drawing (Metal-work) -- Equipment and supplies   ( 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. 1399-37."
General Note:
"Approved Code No. 250."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004940005
oclc - 652742945
System ID:
AA00006794:00001

Full Text

For sale by the Sulperintendent of Documents. W'ashington, D.C. - Price 5 cents


Approved Code No. 250


Registry Noa. 1399--37


NATIONAL RECOVERY ADMINISTRATION




C ODE OF FAI R C OMPE TIT I ONP




WIRE, ROD, AND TUBE

DIE INDUSTRY


AS APPROVED ON FEBRUARY i, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1984

























This publication is for sale by the Superintendent of Documents, Government
Printing OfCfice, Washington, D.C'., and by district offices of the Bureau of
Foreign and Dnomestlc c.ommierce.
DISTRICT OFFICES OF THE DEPARTMENrrT OF COMM~ERCB

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Approved Code No. 250


CODE OF FAIR COMPETICITI[ON
FOR THE

WIRE, ROD, ANDP TUBE DIIE INDUSTRY
As Aypproved on Febr~uar~y 1, 1934


ORDER

ArPPROVING ('ODE OF FAIR COMPETITION FOR THE VIRE, ItOD, AND TUBE
DIE INDUSTRY
An applicitionl hlavingr been dulyT madee puII'1rsuat to and in full
compliance with the pr~ovisions of TIitle I of the National Industrial
Recovery Act. approved June 16, 1933, for approval of a Code of
Fair Comnpetition for the W~ire, Rod, and Tube Die Industry, and
hearings having been d~uly held thereon and the annexed report on
said Codle, containing findlings with respect thlereto, having been
made and dlirected to the lPresident:
NOW\, THEREFORE, on behalf of the ]Presidlelt, of the Unitedl
States, I, Hugh S. Joh~nson, Admlinist rator for Indlust rial Riecovery,
pursuant to authority restedl in me by Execlutive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 19;33, and otherwise; do hereby incorporate by reference said
annexued report, and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and dto hereby order that said Code
of Fair Competition be and it is hereby approved; provided, howr-
ever, that thle pr~ovisions of Article VII, Sections 1 and 2, insofar
as thley prescribed a w~aitinga perioc'1 between the filing with the Code
Authlority andi the effective date of revrised price lists or revised terms
andi conditions of sale be and they are hereby stayed pending my
further Order either within a period of sixty days from the effee-
tive date of this Code or after the completion of a study o~f open
price associations now being conducted by the Nationial Recovery
Adminisstraltion.
Honc S. JOH-NSON,
Admllinistrat~orl for Indiustrial~ R~ecovery.
Apprloval recollnuended :
W\. A. HARRIMATN,
Divcisionl Admzin istl~rator.
H'ASHINGTON. D.C.,

37485 '---313-176---34 (635)









R'EPORTr TO THE PRESIDENT


The PRESIDENT,
The! Wh~zit House.
SmR: This is a report on the Code of Fair Comipetition for the
WVire, Riod, and Tube Die IndustryS in thle Unlited States, the hearing
having been condutlctedl in WTashingrton on December 28, 1933, in
accordance with the provisions of the Nationa~l Industria-l Recovery

PRO\'ISIONS FOR HIOZRS ANID WAGCES

The mraxrimnum of 40) houlrsi, and~ I' dlays a week, alnd 8 hours a day,
is provided by this Codle, for all factory? employees, except those on
emergency mainte~nance and r~epair w-ork;. who w~ill receive time and
a half overtimne pay for hours worked in ecsccs of the above maxsi-
mum. The hour limiitation w~ill niot aIPply to~ trav\elingr salesmen
nno to rpe~rons engaged in a mainageriall or executives capacity who
earn more than 35i d-ollars a week.
The mlinimu mn wnge to fuitory em~lrploy~ee s w'ill be 4l0 cents per
hour11. The minimnuml to all clerical e~mployrees will be 16 dollars per
wFeek.


Thie mlinimumun age of emplloyees w~ill b~e 16 years, except in lunzardl-
ous occupa7tions where the mirinimm w~ill be la years.

ECONOMIC' EF~FET~ OF C'ODE

The 40-hour week provided by t~he Codle andi adloptedl under thle
President's Re-emlploymnenlt Agreemenut, in addictioln to impr~oved busi-
ness, hans increased emlployment in this Industry about 30 percent
since June, 19833; or as highi as the 1929 level, despite a drop in sales
v-olumec since 1989) of 22 p~ercent. Inl June, working timue avergedl
50 hours per week and the maxsimlum w-as 52 hours per wreek.
Thle miinimum wrage of 40 cents per' hour andi 16 dollars~ per w-eek
for a 5-day wreek for all factory employees,, writhouit exceptiol, should
rIesult in an appr~eciably higher av-erage pay for all w~orke~rs, aind
will restore p~uc~hasing power to thle 190n lev~el.
The malinufactur~e of thle drawing~ dies, whlic~h are used for the
elongation and dleformnation of wir~e, rods, and tubes, is highly
specializedl, requiring workers wh~o are especially trained. Dies are
usually madc~e of dliamonds or tungisten carbidle. Thle business of thle
21cn cen in.,,..,.. the industry in: 19353 amouinte d to about $2/100l,O000

FIN DINGS

Thle Depulty Adm In isrtra tor inl his final r~epor~t to mne on sa id Code
having found us hrerein set fourth andr onl the basis of all thie pro-
ceed-ingrs m thiis matter':
I findl th~at:
(a) Said Codce is; well designed to p~romoltee thc policies andl pur-
p'oses of Title I o-f the Natiornal Indurstrial Recovery Act, including








remloval of obstructions to the free flow of interstate and foreign
commerce which tend ~to dimninish the amloulnt thereof and will pro-
vide for the general welfare by promoting t~he organization of in-
dustry for the purpose of cooperative. action amocng the trade groups,
by induicing aIndl maiintai;ning unit ed action of labor and manage mentn
under adequate gaover~nmental sanctions and supervision, byr eliminat-
ing unfair competitive p~ractices, by pr~omloting t~the fullest possible
utilization of the pr~esenlt productive capacity of indu~str~ies, by avoid-
ing undue restriction of produ!ctioni exceptt as may be temipo~rarily
requiredd, by incr~easing the consumption of indulstr~ial and a~gricul-
tulral produllcts throughal inrcrasing prchasi power by reducing and
relievrilgr unemnploym"ent, by imlproving standard of labor, and by
otherwise r~ehabilitating industry.
(b) Said Indlustry nlormally employs not more than 50,000 em-
ployees; and is nlot classified by me as a mlajo~r indlustry.
(c) Thle C~od~e as aIpp~oved comp~lies in. all respects with the per-
tinent provisions~i of said Title~ of said Act, including without limli-
tationi Subsjection (a) of SCectioni 3, Subsection (a) of Section. 7, and
Subsection (b) of Sect~ion 10 thereof; and thant the applicant group is
an industrial assoc~iation truly repr~esentative of the aforesid~i In-
dulstry;l and that said associationl imposes no inequ~itablel restrictions
on admissioo n to mlemnbership> therein.
(d)\ The nCode is not, designrred to and will not permit monopolies
or monopolistic pranctices.
(e) The Code is not designed to and will not eliminate or oppress
bmnall enterprises and will not operate to discriminate against them.
(f) Those. engaged2 in other types of the economic process have
nlot beenl deprived of thle right to be heard prior to approval of said
Code.
F'or these; reasons, this Code hnas been apprlovedc by mae.
Resp~ec~tfully,
HUon S. JoHNSON,
Acdmzinistrtator.
FEBRrARY 1, 193i.











CODE OF FAIR COMIPETIITION FOR THE WIRE, ROD, AND
TUBI:E D)IE INDUSTRY'

AnnTc.LE I--PURFOSESi

To effect the policies of Title I of the National Industrial Recovery
Act, the following provisions are established as a Code of Fair Com-
petition for thle W`Eire, Rod, and Tube Die Industry, and shall be the
standard~t of fair competitions~ for siclh Indlustry, And~ shall b~e binding
onl every mlembher ther~eof.

L~RTICLE II--DEFINITIONS

Th~le termii '' wire, r~od, and tub~e die industry "' as uIsed her~ein, in-
clud~es thle importation, mlanufacturee for sale and sale by the mnanu-
facturier or impor~lter o(f linijhed anid semnifnished drawing dies, which
ar~e tools used for the elongaiition or deformantionl of wire, rod, or
tuibing, w~hichi changes thle dinmeter and, or shanpe of the article drawn
and~ aret mal~nufac:turled froml dliamlonds, wrear-retsisting alloys, chilled
iron 'andl steel, and simlilarl other har~d and wear-resisting materialss,
also .such~ related bran2iches of iiubdivisions thereof as mayV hereafter
be includled ulnder thc prov-isions of th~is C'ode by! thle Administr~ator,
after such hear~inga as he mayn prescribe.
Thle termn '- miemiber of thle inidustry "~ includles but withtlout limni-
tuitioni any1 indlividual, por~tner~ship,. associationl, ccllorpoati on, or other
person" engaged' inl the Inldustry! either as an emptloyer or on his or
its own'l behalf.
Thle termn cemptloyer '" a~ used~c herein mneani any empiloyer engaged
in the Indurstry.
Thie teirm emnploy\ee "1 a usel hl~eirei includest a113:ny a all persons
engaged inl the Indcustry. hlow-ever comnpensated, except n1 member
of the~ Indulrstry~.
Trhe ter~m '; President? "', "ct ", an "AdminXlll i I tr~la torI as used
her~eini meanlll respec'tiv'ely, The President of thle Unitedl States, The
Nationali Indlustrial Recovrry Ac~t, andi the Adm~ninistrantor, of Title
I of -aidl Act.
The1 term'l assoc~(,riatfion aS userd herein is dllefined to mnean the
As~sociat ioni of W~irep, Rodl,7 and Tub~e Die Alanunifuet r~ers. Inc., or

Th~e te~rmi code authlor'ity'' I means the bodyl constitutedl undler
Ar~tic~le V'I hereof.
A~RTIC'LE III-Hounsr~

SEC'TIO~ i. NO cnmployee sliall be permitted to w~ork inl excess of
40 hours inl anyi one week; or S hours in any eJ4-hour period, or 5
days in any~ sevetn-day period. except as herein otherwise provided.
SBc. 2. The maxnimumn l hours andi days in the foregoing section
Ihall no~t aplyP! to any~ emplloye~e on an emer~gency maintenance or
emlergency rep!air w\orkc involving breakdow~n or protection of life








or property, but in a~ny such special case at least. 11/3 times his
normal rate shall be paid for hours worked in excess of the maximum
hours per day or per week herein provided.
SEc. 3. The, provisions of this Article shllnl not apply to traveling
salesmenl or to persons emuployed in a mlanaguerial or executive ca-
pacity whlo regularly earn mo~e than $35.00 a week.
SEC. 4. No emnployrer shall knowingly p~ermlit any employee to work
forr any t~ime whlichl, when totaled~ w-ith that already performned with
another employer or employers in this Industry, exceeds the maxsi-
mnum p'ermittedl her~eini.
AuRICLE I[V-WVAGES
SECTION 1. No emp~loy~ee shall be paid less than at the r~ate of 40
cents per hlour. No per~sonl employedc inl e.lerical or office work shall
be paid less thanl at the~rate of $16.00 per week.
SEC. 2. The above Iininimunl Irate of pany shall apply, irre~spective of
whether an employ~ee is actually comlpellnsate on a time-rate, p~iece-
w~ork;, or other basis.
SEC'. 3. NO employees nlow employed at a rate in esc~es iof the
mninimum shall be dischal~rged and reemplloyed at a low-er rate for the
purpose of evadcing~ the provisions of this Code.
SEC. 4. To the extent praccticable, the -wage rantes of emnployeces re-
ceiving mlore than the mIinimumll wage r~ate shall be eqluitably ad-
justed, and in no casei shall they be decr~eased: as a result of this
ad'julstmlent of hours, so that the existing d~iffer~entials shall be main-
tained and, to the extent practienble, recognlition shall be given to
the dfesirabilit~y of ma~zintaining ear~ningas, provided such adjustment
hzas not beenz made since June 16, 1933.3 Each mem~lber of the Indus-
try shall report all such r~eadjulstmlents to the Code Aulthor~ity within
30 dlays of t~lhe effective date of this Code.
SE/. 5. Female employees p~e.forrmning Rubs~tanltilly th~e csme w~ork
as male emlploy:ees shalnl receive the samell rate of pay~ as manle em-
ploye~es.
ART~iCLE VT--GENn~dL LABOR PROVIsIONs
MINISIITI AGE
SECTIONr 1. NO per--a11 ll tder' 16 years of age shall be emp~lloyed in
the Ind-ustryr, norl anyone undrlccl 18 year's of age at orperations or occu-
pations hlazardtous in nature or detrlimental7 to health. In any' State
an emnployerl shall be dleemledl to hav\e comlpliedl with this provision ~if
he shall hasve on file a certificate or p~ermit dluly issuedl by the author-
ityr in such Stat~e empowered to issue employment or age certificates
or permlits, showing that the employee is; of the 1req~ilred age. Each
memlber of the Indus~try shall submnit to the Code AuthoritytS on or
before Febr~uary 15, 1934, a list of all1 such occupa~tions.
S~EC. 2. TR cOmplilt800 With Section 7 -(a) of the Act it is pro-
videdi as follows:
(a2) Employees shanll hlave thre right to organnize and1( bargain col-
leictively through repre~tsentati\ive of their ow~in chlcooing, andlt shall
ber free fr~om thle interferrence, repstraint, or coce~c~io~n of emrlployerss of
labor, or their agents, in th-e decsiglnation of such1 r~~,lepresntatves- or
in seilf-organization or in, other conlcerted nrtivities~ for the purpose
of collective bargainingi or other mutual aid or pro'terctiorn.








(b) No emnploy~ee and no one seeking employment shall be required
as a, condition of emplomnentt to join any company union or to re-
fram, from Joining.., organizingb or assisting a labor organization of
his own choosing.
(c) EmpDloyeris shall comply with the maximum hours of labor,
minimnumi rates of pay, andi other conditions of emiploylment approved
or prescribed by the President.
SEc. 3. No p~rovisions in this Code shall supersede any Stats3,qi
Federal law which imposes more stringent requirements on employ-
ers as to age of employees, wages, hours of work, or as to safety,
health, sanitary, or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
SEC. 4. No employer shall reclassify employees or duties of occu-
pations performed, or engaged in any other subterfuge, for the pur-
pose of deofeating the provisions of the Act or of this Clode.
SEC. 5. All emloyP03ers shall post complete copies of Article III,
IV, and Vr of th-is Code in a. conspicuous place accessible to
employees.
S~Ec. 6. Every~ employer shall provide for the safety andi health of
hiis employees at the place and during the hours of their employ-
Inent. Standlardsl for safety andC health shall be suibmitted by the
Code Autholrrity to thme Adiniiistr~ator within six (6) months after
tl effrective dante of this C'ode.

ARTICLE V~I ADMINISTRATION

ORGANIZATION

SECTION 1. There shall forthwrith he constituited~ a Codle Authority
conisisting of not mior~e than 5 members of the Advisory Comitteete
of thme Association, two r~epr~esentatives~p of the members of the In1-
dustry who ar~e not. membilers of thme Association (Pr~oviding the non-
memb~r~s desire suchm repres;enta~tion anld sigrnify~ their willingness to
pay their pr'o rauta share of the cost of admninister~ing the C'ode), and
one. to threee nonvoting~ appointees of the Admlinistrator if he so
desires. The r~eprlesenltative s of the nonmnemberrs shall b~e elected
by the nonmnemlber~s in any? fair mannner appr~oved byr the Admin-
ist ra tor.
SEc. 2. Each tra~de or industrial association dlirectly or indirectly
participating in t~he selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on mIemnbership, and (2)
submit, to the AdministraRtor true copies of its articles of association,
by~lawsi; regulations, andr any amnendmentslt~ when made thereto, to-
Frether with such other informnationi as to miemnber~ship, organization,
an I activities as t~he Admlinistrator mayS deemi necessary to effectuate
the purposes of the Act.
SEC. 3. In order~l that the Code Authority shall at all times be
truly repre~senltative of the Indulstry and in other respects comnply
with t~he plrovisions of the A~ct, the Admllinistrator may prescribe such
hearings as he may dleemn proper; and thereafter if he shall find that
the Code Authority is not truly representative or does not in other
respects comnply, with the provisions of the Act, maly require an ap-
propriate modification in the merthiod of selection of the Code
Authority.








SEc. 4. Members of the Ind~usttry shall be entitled to participatei in
and share the benefits of the activities of the Code Authority and to
participate i n the .selection of t hIe l mebe rst the Ireof by: assenti ng to
and complyinga with the requirements of this Colle shd1; sustaining
their reasonable share of the expenses of its admllinistrantion. Such
reasonable share of the expenses of administration shall be de-
termined by the Code ALuhority, subject to r~eview~ by the Adminis-
Wrattir, on the basis of volume of) business and/or such other factors
as mlay b~e deemed equitable to be~ take~n into contsideration.
SEC. 5. Nothing contained in this Code shall constitute thre memr-
bers of the Code Au~thority partners for anly purpose. Nor shall
any members of the Code Authority be liable in any mannerl to any-
one for any act or any other member,, offi~lee, agent, or employee of the
Code A~uthority. Nor shtill any mn~llembe of the Codle A~uthority ex~erl-
cising reasonable diiligence in thle .liable to anyone for any action or omlission to act under this Code,
except for his own wiilful misfeasanlce or nonfeasance.
:POWERS AZND DUTIES
SEc. 6. Th~e Code Auth~ority shall have the following further
powers and duties, the exercise of which shall be reported to the Ad-
ministatorRtn a~nd~ shll be subjclt. to hisc r~igh~t on review to approve or
disappr~iove any' action taken by the Code Authority.
(a) To insure the execution~ of the prov,~i ionn s of this Code and
provide for the compnlianee of the TrIndustryJ with the provisions of
the Ac2lt.
(b) To adopt bSylaws~ and rules and regu~la~tionsj for its proce~dure
and for thre administration o~f thne Code.
(c) To ob~tain froml mlemnberls of thne Industry1'3 such inlforma1tion
and r~epor~ts as are I~requiredc for the amncljlistratif onl of the Code find
to provide for ubm?17i8SionI by- memberscl of such information and re-
por~ts as the Admnin itlstrator mlay deem neccessarly for the purposes
recited in Section 3 (a) of the Acet, which information and reports
shall be submitted byr members to such administrativee and/or gov-
erlnme~nt agencies as thbe Acdmiinistrator-,1 may designated; provided that
nothingrr in thlis Code shall r~eliever any nriember of the TIndustr~y of
any' exsltinlg obligations to furnish reports to any g~ove~rlnment
agency. No individual reports shall b~e disclosed to any other mem-
ber of the Industry~ or any otherl party xclep~t to such goverlnmnent
lgrenelies as mray be dlirtc~ted byT the A~dm inist~a torl.
(d) To use such trade ass~ociatio~ns and olther1 agejncies as it dleems
properr for the arsrying oult of any of its activities provided for
hercinl, p~rovided that nothing hlereini shall' relieve the Code Authlor-
ityr of its dlut~ies or responsibili ties~b under this Code and that such
trade associations and agencies shall at all times he subject, to and
compl~ly with the pr~ovisions hecreof.
(e) To makre recommlnendatir~ion to thle A~dm~inistr trator for thle co-
ordiination of the admninistration~ of this Code writhi Iuch other Codes,
if any~, as mayx3 be related to the Industry.
(f) To secu~e~ from mlemnbels of the IndustryT an equitable and
pr~op'ortionate pay~ment of the reasonable expenses of malintaining
the Cod~e Authority andr its activities.
(g") To cooperate w~ith the Admninist ~ator in regu~la,ting :t:he u~se
of any National Recovery Administration in~signia, sletly by ~those








members of the Industry who have assented to and are complying
with this Code.
(h) To recommend to the Admiinistrator further fair trade prac-
tice. provisions to governl members of the Industry in their relations
with each other or with other Industries and to recommend to the
Admninistr~ator measures for industrial planning, including stabiliza-
tion of employment.
ARTICLE \III-FRIC'E LISTs

SECTION 1. If and when the Code Authorit~y determines, subject to
the disapproval of thme Admlinistrator, that in any branch or sub-
division of the I~ndustr~y it. has been the generally recognized practice
to sell a specified product on the basis of printed net. price lists, or
price lists w~ithi discount sheets, anid fixedl terms of sale, each manu-
factur~er of such products shall, within ten (10) dayvs after notice of'
such dletermlilnation, file with the Code Auth~or~ity a niet price list, or a
price list alnd discount sh~eet, as the case mnay be, individually prepared
by him shiowingr his current prices, or prices and discounts, and terms
of sale, andl the Code Authlority shall immiediately send copies thereof
to all knowFn mnu~rfacturer~s of such specified products. Revised
price lists w~ithl or without discount sheets may be filed from time to
time thereafter with the Code Authority by any manufacturer of
such product, to become effective up~on a date specified (to be a dat.e
not later than seven (7) days after the filing of such revised price
lists), and copies thereof with notice of the effective date specified
sh~a~ll be immelldiately y senlt to all known manufacturer s of such prod-
net, any of who may .file, if he so desires, revisions of his price lists
and/or discount sheets, which shall become effective uponl the date
when the revised price list or discount sheet first. fledl shall go into
e ffect.
SEC. 2. I~f and when the Code Authorityr shall dletermnine, subject
to the disappr~oval of the Adm~rini~strator, that inl any branch or sub-
div~ision of the Industry not now selling~ its prodluc't on th~e basis of
price lists, with or withlout d7isoulnt sheets, with fixedl term~s of sale,
the distribution or marketing conditions in saidl branch o-r subdivision
ar~e the same as or similar to the dlistributioc n o~r marketingr condi-
tions in a bra~nch~ or subdivisionl of the Indlustry~ where thle use of
price lists, with or wTithoult discount sheets, is well recognized,? and
that a system of selling on net ~r~ice lists or' price lists andi discount
sheets w~ith~ fixed termlls of sale should be put into effect. in such
branch or subdivision, then each mlanufacturer of the product or
products of such branch or subdivision shall, within twenty (20)
d1ays after notice of suchi determination, file with the C'ode Aluthority
neit price lists or price lists and discount. sheets containing fixed
terms of sale, showing his p-rices and discounts and terms of sale,
and such price lists and/'or dliscount sheets mayr be tlher~eafter revised
in thez manner hereabove provided. Provided, that the Code Author-
ity shall make no dletermination to place any product of the Industry
(not on a pr~ice-list basis on the effectiv-e date of this Code) on a
price-list basis, as provided in thiis paragraph of this Article, unless
two thirds of the mlemlbers of the indlustryS who are at. that time en-
gagedc in mlanufacturing such product shall affirmatively consent
that such determination be mnade.








SEC. 3. NO member of the Industry sh-all se~lldir~ectlyv or indirectly,
by any means w~hatsoever, any product of the industry covered by
provisions of this Art~icle at a price other than or at discounts other
than or on terms of payment other than those provided in his "own
current net price lists or' price lists and discount. sheets, provided
that nothing herein shall prevent. the sale without restrictionn as to
price of any such product to anot'her member of the I~ndustry.
SEc. 4. The. Code Authority shall investigate the operations of this
Article and shall within sixty (60) days after thne effective date of
the Code file with the A~dministrator recommendations for the adop-
tion of appropriate regullations for the carrying out of the purpose
of this Art~icle VII.*8

ARTICLEE VIII-UNPAIR rTRADiE PRACTICES

The followsing described aicts constitute unfair pra"ctices and are
forbidden :
A. Giving, permitting to be given, or d~irctfly offein~ig to give
anything of value for the purpose of influencing or rewarding the
action of asnyT employee, agent, or riepresentativec of anothler in rela-
tion to the bu~sinessi of thec employer of sulch emnployeec the principals
of such agent or thre represented party, without the know-ledge of such
employer, principal, or party; p~rovided, how~Pever, thant nothing in
this Section A shall b1 e construed to prohibit free an~d general dlistri-
bution of at~ic~lesi collnuonly used for advertising, ececcpt. so far as
such articles are actually ulsed for commelllrcial briber~y, as hleretinabove
def ned.
B. Pr~ocur~ing,a otherwnise than wlith thme consent of any member of
t~he Inlndutry, any inform~t~ion conrcerninr the business of such mem-
ber which is pr~operlyr regarlded by it ats a trade secret, or confidential
withmn its orgaonization.
C. Imitating or simulatin any exclusive marlk or brand usied by
any :othBer members of the Inst1ry.
D.Disseminating, pub~lishingr, or circulating any false or mislead-
ing information relative to any product or price for any produce
of any~ member of thle Industry, or the credit standing or ability of
any m~embler thele ref to, plerfolrml any workr or m~anu fracture or produce
any product, or to the conditions of emnploymecnt among the em-
ployees of any memberl thereof.
E.Inducinrg or atltemptin br to induce by any mecans any party to
a cont ract with~ a memlber1 of the Industry to violate such contract;.
F. Aiding or abetting any person, firm, assoiation, or corpora-
tion in any unfair practice dlescribed- in this Article.
G. Making or giving to any purchaser of any product of the
IndustryD\ anyr guarnanty or proteieton in any form against advances
or declines in the market prices of such products.
H. W~ithholdling fromll or inserting in any quotation or invoice any
statement that makes it inaccurate in say mater~ial particular.
I. Granting secret r~ebates in the forml of, speelal serv\ices, dis-
counts, advertising allowances, or free samples.
J. Fraudulent and deceptive practices, including false and mis-
leading adveprtising, mis;labeling anld mlisbjrandng.l

See paragraph 2 of order approv-ing this Code.




UNIVERSITY OF FLORIDA

74 111111111111HI1111111111115111111UIII
3 1262 088518021

K. Enticing an employee: of a competitor from his employment
with the purpose of Injuring or embarrassing such competitor in
his business. Nothing herein shall prevent any employee from of-
fering his services to a competitor, nor prevent any member from
employing an employee of another member where the initiative in
such change of employment comes from the employee.
L. Selling or offering to sell second-hand merchandise, unless
expressly designated anid represented as such to the purchaser or
prospective purchaser.
ARTICLE IX GENERAL

SECTION 1. This C~ode and all provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of t~he Act~, from time to time to cancel
or modify anly 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 modify his approval of this
Code or any conditions imposed by hiim upon hlis approval thereof.
SEC. I. SUCh1 of the provisions of this Code as are not required
by the Act mnay, wFith thle approval of the Administrator, be modified
or eliminated as changes in the circumstances or experience may
Indicate. It is contemplated that from time to time supplementary
provisions to this Code or additional Codes will be submitted for
t~he approval of the Administrator to prevent unfair competition in
price andl other unifair and destructive competitive practices and to
effectuante thle other purposes anid policies of Title I of the Act con-
sistent within t~he provisions thereof.
SEC. ;3. NO prOVISIOnS In thlS COde shall be interpreted or applied
in such manner as to (1) promote monopolies or monopolistic prac-
tices, (2) Permit or encourage unfair competition; (3) elimiinate
or oppress small enterprises; or (41 discrimiinate against small
eniterpri ses.
SEC. 4. If anH} employer in this IndustryJ is also anl employer in
any otherr Industry, the provisions of this Code shall apply to and
affect only that par~t of the business of such employer which is a
par't of the Indu~stry covered byr this Code.
ARTICLE XY-PRICE INCREASES
WMhereas the, policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases should be delayed and that, when made, the same should,
so far as possible, be limited to actual increases in the seller's costs.
AuRicLE XI~-EFFECTIVE DATE

This Code shall become effective on the 10th day after its ap-
proval by thle President and shall be binding upon every person
engaged in the Industry either as an employer or on his own behalf.
Approved Code No. 250.
Registry No. 1390-37.