Code of fair competition for the upholstery spring and accessories manufacturing industry

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Material Information

Title:
Code of fair competition for the upholstery spring and accessories manufacturing industry as approved on March 10, 1934
Portion of title:
Upholstery spring and accessories manufacturing industry
Physical Description:
p. 605-621 : ; 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:
Upholstery trade -- Equipment and supplies -- United States   ( lcsh )
Furniture finishing -- 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. 1154-01."
General Note:
"Approved Code No. 329."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939995
oclc - 63655379
System ID:
AA00006795:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



UPHOLSTERY SPRING AND

ACCESSORIES

MANUFACTURING INDUSTRY


I' '
For sale by the Superintendent of Documents. Wasshington, D.C. - Price 5 cents


Approved Code No. 329


Registry No. 1154 01


AS APPROVED ON MARCH 10, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICBC
WASHIINGTON :1934

























This publication is for sale by the Superintendent of Documents, Government
Priting Office, Washiington. D.C., and by' district o~ffices? of the Bureau of
Foreign anld Domestic Commierce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

AGtlanta, Ga.: 504 Pos~t Otlirce Buildingp.
1Birminghaml, Ala,.: 257i Federanl Buildling.
Boston, Mass. : 1801~ Custombouse.
Buffalo, N.Y.: Chlamber o~f Commlerc~e Building.
Charleston, S.Cl.: Chamber of Comm~ierice Buildling.
Chicago, Ill.: Suite 17i06, 20j1 Nnlrth 11'ell Streecr.
Cleveland, Ohiio: Chambiler of C'ommnerc~e.
Dallas, Tex.: Chamb1:er of Commeerc e BuihrlinS.
Detroit, Mvic~h.: 801Z First ~ntilrnal l Bnol Buildinlg.
Houston, lTex.: C~hambller of C'ommerce Buibtling.
Indianapolis, Indl.: Chambler of Commeu~rce Buiblling.
Jacksonville. F1la.: C'hambe~r of Comme~rre Buib~ling.
KEanlsas City, Ms.~.- 102 Bal~ timiore Av~enue.
Los Angelet;. Calif.: 1163~ So.uth Broiadwar.
Louisville, K'.: JirS Fe~deral Buildling.
Memphis, Tenun.: 229 Fedelranl Buildling.
Minnealpolis. Mlinn. : 213 Fedleral Buibrling.

N~ew York, N.Y.: 73-1 Custrombouse.
Norfolk, Va7.: 400l Eas~t Plumel Street.
Philadelphia. Pa.: 4122 (:cmlmerc-ial Tr'ust Buiblling.
Pittsburgh. Pai.: Chamnuber of (commnerc~e Buildling~.
Portliond. Oeg.: 215 New Poet Othe~c Bulilding'.
St. Louis, 310?.: 500,r Olive Stree~t.
San Fra~ncesco, Calif.: 310) C'ulftombouse.
Seattle, Wash~.: bu0' Fed~ern:i Oftke. luildling.












Approved code Nol. 329


CODE OF FAIR COMPIETIITION~
FOR THE:

UPHIOIBTERY SPRING AND ACCEliSSOIRtIES
MIANUFAI~CTURIN.lG INDUST`RY

As Approved on March 10, 19~34


ORDER
ArenovxrNo CODE OF" AIR\I COMPETITON FOR TH UP]HOLSTEY SPRING
AND AIICCESSORIESJ MANUFACTURING 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
F~air Competition for the Up~holstery ~Spring and Accessories M~anu-
facturing Industry, and hearings having been duly held thereon and
the an~nexedl report on said Code, containing findings with respect
thereto, havriner been made and directed to the ]President:
NOW THEREF"ORE, on behalf of the President of the United
States, i, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Execut~ive Orders of the Presi-
denrt, including Execut~ive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by: preference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purp~osets 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 ALrt~icle X, Sections 1, 2 and 3, insofar as they pre-
scribe a waiting period between the filing with the Code Authority
(i. e. actual receipt by the Code Authorit~y) and the effective date of
revised price lists or revised terms and conditions of sale be and thley
are hereby stayed pending tg m further order.
Huana S. JOHNSON,
Admini~stra~tor for Industr~ial Recoveryl.
Approval recommended :
K, 1M. StraPsolu,
Diniision Adml.iisfndsror.
W A-sm scr~oN, D).C.,
Maiirch 10, 1934.


45804"-4-- 25-G2-34


(605)











REPORT TO T'H[E: PRESIDENT


The PuESmerrT
The Wh~Trite Hou~se.
SmR: This is a report on, thie Code of Fair Comlpetition for the
UCphlolster~y Spring and Accessories 1\fanufac~turingn Industry in the
United State~s as revised after the hearing conducted in W~ashing-
ton on December 18, 1933, in. accordance wcith~ the provisions of the
Not~icnnal I[ndustrial 1Recovery Act.
LABOR PRO\ISIONS

Under this Code no employee shall work in excess of 40 hours
in one week except during peak periods when a 48 h~our w~eek is
permitted. H-owever, such excess hours during p~eakr periods mlay
not exceedl 32 hours in any 6 months period and maynS not be ut~ilizedi
in more than 6 of the 26 weeks in that period. There are certain
exceptions to these provi-io~ns. First, anly employee m~ay be per-
mitted to wRork 8 additional hours per week: above those! spe~cified2
provided such additional hours shall be paid for at the rate: of
time and onle-half and provided that no employee shall be per-
mlittedl to workr more than 48 hours in one week. Secondlly, execu-
ti~ve and rupe~rvisor employees who receive $3.5.00(. or ailor~e per
week and outside sales employees are exemnpt from the. aboe: pro-
visions. Thirdly, outside delivery- men are permnitte~d to wrork 48
hours and jan7iitors, and wcPatchmen are permitted to workl 56 hours
in one weekZ. Finailly, employees who act as factory clerks and who
rereive $25.00 or more per week are permitted a itolerance of 10%~
upon the hours above specified. But the nu.mber of such factory
clerks is limitedl to 5%L~ of all employees.
TIlhe minimum wage is 35 cents per hour in the Nior~th andt 32 cents
per hour in the South for employees engaged in t~he processing of
prodluc~ts. Len~ner~s may ree~iev-e 80O% of these minimums.. HowFevezr,
learners may at no timel exceed 5%0 of all employees~ andi no employee
may serve as a lear~ner more than once in this indlustry. Clerical
employees are to be p aid not less than $15.00 per wetek except that
offce boys and girls may receive SONwc of the mlinimlum. The total
number of such emlployee~s is not to exce~edt GO. Equitable adljust-
ments of wages above the minimum is provided' for in thle Codle.

ECONOMIC EFFECT O1F THE CODUE

Members of the Industry manufacture semli-finished producers
goods, sold to other manufacturers for use in making mattresses,
upholstered furniture~t of various types, and spr~inga cushions in
gene~~ral.i1 According to the Report of the Division of Planning and
Reearch estimated factory employment is approximlat.ely 5490 under
that of 1929. TIhe ave-rage hours worklledl per week in 1929) were 54
but employment has beenI extremely irregular in 1932 and 1933
(t606)j






607


resulting in lower average hours of work. However, the limnitaltion
upon hours contained in the Code should, on thec basis of available
statistics, increase employment within the Industry by at least 23Co.
In addition to the re-employmlent which should, in this Industry,
follow approval of the Codle, th~e actual increase in purchasing power
of the workers should be substantial. According to the ReLsearch
and Planlning Di~vision, the average w-eekly wnge in 1932 was $8.05.
On the basis of wmage provisions in the Code th~e average minimum
wage for both the North and South for a 40 hour week will be
apr'oximnat~ely $313.80. The 1929 average weeklyr wage for the longer
week w~as $14.57. Members of the Industry have been dlesir~ous of
improving labor conditions within the Indus~itry and are now con-
v-inced that, thlroughl the labor and the fair practice provisionls of
the Code, they will accomplish their aim.
The Deputyr Adlministrastor in his final report to me on said Code
havig found as herein set forth and on the basis of all the proceed-
mings in this .matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructionsj to the free flow. of interstate and foreign com-
merce which tend to diminish the amount thereof and wrill provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintainmg united action of labor and management
under adequate governmental sanctions and supervision, by eliminazt-
i~ng unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
reqluired), by increasing the consumption of industrial and agricul-
tural products through increasing purchIasing power, by reducing
and relieving unemployment, by im~pro~vmg standards of labor, an$
byT otherwise rehabilitating industry.
(b) Said Industr~y normally employs not more than 50,000 em-
ploy~ees; and is not classified by me as a major Industry.
(c) The Code as ap~provedl complies in all respects wpith the per-
tinent provisions of saidl Title of said ~Act, including without lim~ita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof ; and that the applicant associa-
tion is an industrial association truly representative, of the aforesaid
Indlust ry; and that said associa tion imposes no inequitable re~t rict ions
on admission to membership th~eremn.
(d) The Code is not designed to and will not permit mnonoporlies or
monopolistic practices.
(e) The Codle is not designed to and will not eliminate or oppr~ess
small enterprises and will not operate to discriminate a against them.
(f) Those engaged in other steps of the economic procectss have not
been depr~ivedl of the right to be heard prior to app~rovanl of said Code.
I hiave, therefore, approved this Code.
Retsp~ectfully,
HoonL(~ S. JoHNSON,
Adml~linistr~ator.
MARCHE Ill, 1034.













CODE OF FAIR COMPETIT I ON FOR THE U PHOCL -
STERYTi SPRING: AND ACCESSORIES MANUFACTURING
INIDUSTPRY
AnTroCLE I-PTRPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is -established as a Code of Fair Competi-
tion for the UPHOLSTERY SPRING; AND ACCESSORIES
MAt~NUFACICT URINGN INDUSTR1Y, and its provisions shall be the
standards of fair competition for such Indtustry, and shall be
binlding~r upon~ every member thereof.
ARTICLE I11- E)IFINIT'IONS

SECTION 1. The term "' Upholstery Springr and Acc~essories 1\lanu-
falcturlingr Industry ", hereinafter refe~rredl to as the Indulstry ",
means the manufacture for sale of:
(a) Upho~lste~ry springs of all kinds, inc~ludling, but not limited to,
true upholstery springs, pillow springs, single cone springs, double
cone spring<', car-seat springs, ball bottom springs, t.op extension
springs, high-low springs, and all other springs of similar constr~ue-
tion. and use;
(b) Assem~nbled spring constructions of all kinds, including pecifi-
cally, but not limnitedl to, studio couch springs ndt framne constructions,
bed-dowl~nport spring and frame construcl~ti. ns;, all-wir~e spring myt-
tress inner'l units, all-wire spring cushion units, fabric-wrire cushion
anld mattress innerlls;
(c) Studio couch and bed-dav\enpor~t metal fixtures and parts;
(d) Upholstery necesscjies, including back traps, sure-stay strap~s,
seant arse andc sag c seat consit ructionll; Thle malnulfacture of spr~ingr wire
in coils and m~echanical springs is not inrcludled in t.he abov-e dlefinitionl.
SwnTo N 2. The termn "' Products "' as used~ herlein means such procd-
unets as are defined and set forth in Article II, Secction 1 here~of.
Anna.I I 3. The term "L Memrber of Indusltry\ or. M~embler means
without limitation any individually pairtner~ship, cor~por~t~ion, or any
other~r form of enterprise e~bngaged mn the manufacturer for sale of th~e
Products of thle Indus~t ry.
SE< 'Il~no 4. The term "CAcssciation m~eans thle UphIolstery SElpring
and Acce.~.-.-olries Mlanufacturers' Association,. Inc., an Illinois co~r-
poration not for profit, having its principals ofilkes at 77 W~est Wash-
mgnfton Street, Chicago, Illinois.
rC:.'iSceo 5. The termn Board or -I Boned of M~anagers "? meanls
the Board of Mounger~cls of thne Association.~
St~..~Ono 6i. The term Employee incltludes Any one engagedl in
the Industry in. any capac~lity receiving~ compe), llnsatin for his servlicesi,
irrespel~c~tive of theLC naituire or methodl o-f paymenl~lt of suchI compensal~~-
tion, except a Mebr~llc of the Indcuitry.






609


SECTION 7. The term "L Emlployer includes any one by whom any
such employee is comnpensated or employed.
SECTION S. Thle termn "' Pr~esident ", "Act ", and "Ad~iministrato~t r "
mean respectively the Presid'enlt of the United States, Title I of the
Na tional IndlustrIial Recovery Act, and the Admninistr~ator for
nantional Industrial Recovery.

ARTICLE III- VACYGES

SC~CTCeno 1. Thle mlinlimumlr wage that shall be panid to any enploy~ee
engargedl in the mnun~facturing of products of the Indu-tryS, and any
labor incident thereto, shall be as follows:
(a) No emp~loyee sal~nl receive a lesser time or piece ra~te than is
r~equiredi to provide thle sam-e earnings for 40 h~ours~ of labor per' week:
as wasu received for thant class of work for a 48 hour w~eek immnediately
prior to~ 1\lay 1, 1933, provided, however, that no employee shall
receive less thaln a minimum. of thir~ty-twro cents per hour in the
Southern Wa'ge D~istrict, and thirty-five cents per hour in the
Northern Wagne District.
(b) lThe Southern Wag~re D~istrict is defined as comprising North
Car~olina, Sjouth Car~olinas, Florida, G~eorgia, Alabama, Tennlessee,
M~iss~issippi, Arkansas, Louisinna, Oklahomna, Texas, M/aryland, and
Virginia, andt th~e Northern Wage District is defined~ to include all
other States in the UTnited States proper, including the District of
Columbia and Alaska.
SECTION 2. Thlis Artficl~ E'stablish~es a minimum rate of pay regard-
less of whether anl emp~loyee is compensated on a timne-rante, piece
work or other basis.
SECTION 3. Femalfle employees performing substantially the sam~e
wrork as mlale emnployees shall reccive the same rate of pay as male
emplloyees..
SECTION 4l. Leane~trs w-ithout previous experience may be emnployed
at a minimum wnge of 80(% of the above requirements for a period
of not mnore thann n~inlety days; provided, however, that th~e number
of such learners emp~loyled by a member of the industry shall not
exceed 5% of the total number of all his employees at any one time;
and provided fulrther, that no employee may be permitted to serve
in the industry more than once as a "L~ear~ner within. the aboveo
provisions.
SECnoxN 5. A person w-hose earning capacity is limited because of
age or physical or mental handicap may be employed on light wor~k
at a wage belowv the mirinimumi established bythis Code if the emn-
player obtlains from the State Authority desigrnated by the Unitedl
States Department of Labor a certificate authonrizing i mly
ment at such wages and for such hours as shall be stated ntecrii
cate. `Each employer shall ~file with the Code Authority a list of all
such persons employed by him.
SEcTIONv 6. On. and after the effective date, the mlinimnuml wages
which shall be p~aid~ by any empllloyer to all other emaployrees shall
be not less than at the rate of $15.00 per week. Ofice boys and gi~irls
of isiteen to and including eighteen years of agre, may be p~aid at
a rate: of not less than 80%b of the above minimum w~ages; but the
total number of such employees shall not exceed 5%0 of the total






610

number of office employees, provided that t.he employment of at
least twC7o such employees by any emlployer shall be permnissible.
SLECTION 7. Thet houlrly rates and salaries for all duties and occu-
pations now paid at more than the minimum herein prescribed, but
not including salar1ies of more than $35.00) per w~eek, shall be equi-
tably adjusted by all Alembers of the industry ho have not already
done so, and in no case shall these rates decreased. Reports
concerning the ~Action taken, whether prior to or after thle approval
of this Cod~e shall be re orted to the Code Author~ity~ not later than
sixty (60) cayas after teeffective date hereof, and by it reported ,
to the Administrator. -
ARIrrCLE IV-HOURS

SECTION 1. No employee shall be permitted t.o worke in excess of
40 hours or sixr (6) days in any one weeki except as herein provided.
SCEcnow 2. Clerical employees shall not be permitted to w~orkr
more than an. average of 40 hours pIer weekr in any five week period
S~ECTION 3. During any peak: period in which a concentrated de-
mand upon any division of any Mrember of the Industryl shall place
an unusual and tempilorary burden upon its facilities, factory em-
ployees of such division shall be allow~Ted to w-ork not more than 48
hours per week, all hours over 40 hours per week to be known as
"' exCess hours hereunder.
SECTIOlN 4. The ?1umb7jer of excess hours worked by fac~tory emn-
ployees in any six (6) months period may not ex~ceedl a total of 32
hours to be taken in any six (6) w~eeks during such six (6) months
period and overtime need not be paid for such excess hour~s.
;EcnIoS 5. Any factory employee may\ be p~ermnittedt to wor~k 8
addlitionn1l hours in any one week beyond t.hose spec~ifiedl in the two
precedingir~ paragraphs, provided such additional hours shall be paid
for at the rate of time anld onze-half andi provrided that no factory
employee shall be permitted to work mor~e than 48 hours in any one
wF\eek(.
Se(.~CuoN 6. No employee shall knowingrly be permitted to w~ork in
the aggr~cale ae in excess of the above pr1escr~ibed number of hlour~s, ir-
resp.ec~tive of whether such employee be on t~he payroll of mlore than
one empl~?nv!er.
SETIONM 7. Not~hing in t~he foregoingr employment provisions shall
apply to exsecutive and supervisory) emp~lloyees:~ who receive $35.00
or more per week, nor to watchlunen, janitors or outside sales or out-
side delivery'3 men. Outside delivery mecn shall not be permnittedl to
workI1 more than 48 hours in any one week; andl watchmlen and jani-
tors shlall not be pcrmnitted to wfork' more thian 56 hours in any one
week.
SCI:.'IIno 8. A tolerancet of ten per~cent. upon th~e hlours sp~ecified
above is permittedc for employees w~ho act as factory clerks receir-
ing not less than $25.00 per week. The number of such factory
clerks shall be limited to five ~perce~nt. of the total number of em-
ployees of any one employer, with a minimum of one in plants
having t wenlt y or less employees.







611


ARTIcLE V- GENERAL L.AI3o PRovisISows

SECTIONT 1. No p~er'son under 16 y-ears of ~ag shall be emnplo~yedl in
the industry nor anyone under 18 years of age at ope~rations~, or
occupations hazardouls in nature or dletrimentrnal to health. The
Code Authority shall submit to the Adm~ninis~trantor a list of such
occupations w~ithlin 30 day's after the effective date hereof. In any
State an emnployer shall be dleemed~ to h~ave comp~lied within thiis pro-
vision if he shall have on file a certifie~nte or permli~it duly issued by
the Authorityy in such Sjtate emnpow-eredi to issue employment. or
age cer~tifientes or p~erm~its, shlowing that the? employee is of the
required age.
SECTION 2. (a) Employeecs shall have the right to org~anize and
bargain collectively through representnativess of their own choosingr
and shall be free froml thle interference, restraint, or coercion of
employers of labor, or their a ents, in the dlesi nation of such
representatives or in self-or~ganization or in other concerted~ activi-
ties for the purpose of collective bargaining or other muiitual aidl or
protection.
(b) N'o emnployee andl no one seekringr employment shall be re-
quired, as a condition~ of employment, to join any company umion
or to r~efai~nn from joining, organizing or assisting a labor orgran-
;iation of hIs; ow~n choosi~ng
(c) Emnployers shl~ll comply with the ma ximumi hours of labor,
mini mum rates of ~a~y, and other conditions of employmllent,
approved or prescribed by thie President.
SECTION 3. ~\lthiln each State this Code shall not super~sede any
laws of such State imposing more stringent requirements on em-n
plovers as to nge of empljloyees, wages, hours of works, or as to safety,
health, sanitar~y or general w~orklingr conditions, or insurance, or fire
protection, than are imlposel by this C'od-e.
SECTIO~N 4. Emllployers shall nlot reclassify emloll:yees or duties of
occupations p~erformned by employees or engage in any sub~ter~fuge
to defeat thle purpose of th~e A~ct or of this Code.
SECTION 5,. Every; emnployer shall1 make reasolnablee provision for
the safety andc health of his employees at the place and during the
hours of their emplloyment.it Sitandardss for safety andr health shall
be submitted by thle Code Authority to the Administrator for
appriovanl within six mionthis after th~e effctiv. e date of this Codle.
SECTION 6. All em~ployers shalll post andlc keep postedl copies of this
Code in consp~icuious places acc~essible to employees.
ArTIClLE Y'I-PLrECON.IDER1TION OF IrTi7AGES

SEC'TION i. It iIS rCOgnlZedI that thlisi inldustry is in. compe~rttiton
with other industries oper~atingi uinder other Codes andl that; there
mnust be anI inlter-reclationshi~p of w-ag)e mllinimums amongr these inldus--
tries in or~der to prepserve an equi~tale bansis of comnpetiion. There-
for~e, any Icevisionl inl mini C11nunI~ wageratS which m-ay take place in.
thle C'odes of comnpetit ive indcustr~ies rlhll bie considcredl ntlequate cause
for r~econsideratinti of the w~age rates of this Codle. Any revision wnhichl
may be made shall be sub~jec~t to the approval of thle Admlinistrator.or







612


ARTICLE VTII-OHGANITZA9TON

ADMIN~ISTRaTION AND PARTICIPATION

SEC'TION 1. ToI further efec~tuatee the policies of the Act, a C~ode
Authority is h~ereby constituted to cooperaite with the Administrator
in the ad~minlis;tration~ of this Code.
SECTION 2. The C'ode Authority shall consist, of the Board of
Mannage r~s of the Association, togrethler w~ith~ one repriesentative of
members of thle indulstryv who are not mnembiers of the Assorciation,
whoic assent to this C~ode andc pay~ their piro-rut n share o~f the cost of
preparation a ndl admrin istrat ion thereof; a nd in addit ion th~ereto ;
the Administrator nlny, inl his dliscretion, appoint not miore than
threce adlditio-lnal memberst. Thie appointees of thle Admiinistrator
shall have nol vot. andl each appointee shall serve without expenae
to the Indust ry. Thie rep~resentativ\e of the non-members of the Asso-
ciationl shall be elected by the non-members in any fair manner desigi-
notedl by the Boardc of Manag~jersj andl approvl\edl by the Admlinistr~ator..
SECTION 3. In1 O~~~rdP (liat tile C'Otle A~lltoi'ity. shall at all1 times 3
be truly ry~~epitresentt iv of the ind~ustry!, and in other respects comn-
ply with the plrov.isionls of thle Act, thle Adr~ministr'ator1 ma\ p:rlescribje
such heal-rings~ as h~e may\ d.eemn p~rope, andl thereafter. if h~e sha~ll i
find that thre Codel Authlority is not tiruly represerntative or dloes
not in other r'espectS comply~I with thle provisions~ of thie Act, he
may require anl ap~pl~riop iaote oification in thie miethiod of selection
of the Code Au~lthority'. Within 30 dlays after the effective date
of this Code. andc not later tha~n April 1, 1934, the Boardl of M~ani-
agers shall cause a7 special meeting~ of the Mlember~s of the Assoc~i- T
ation to be held~~ for thle purp'lose of elecrtingf a Board of M~anagers
of the Asisociationl w\ho-.e tern'iis shall1 extendl until the next annualH
meeting of the miembersl of the Assjociatiol.
SCEcTIO(N q. nleinberS of the indlustry? shall lbe entitled to partic-
ipate in and .sharec the bene~fit~ of thle activ-ities o~f thle Cocde Aulthor-
ity7 and to par~tircipate in t~he se~lection of members thiereof by assent-
ing to and c~omlylling withl the reureet of this Code a
susainngtheir' resonabnn~lleare of thee exp~enses of thie prieparation
and administration th~~iereof. to. be determiiinel by the Codle Authority),
subject to rev\iew by? thle AdmiiTtnisrao r onl thle ba-is of volumne o~f
hu-iness~~ andi or,1 such' other'l factorIs as may7~ be drlletme to b~e equritab~le.
The TreasuLI~rer of thec Association shanll bill eachl assentivvng member
w-ith his propor~tilnate halre of thle expense of thle p~reparation and
admninistrat~ionr of thiis C'ode. Within fifteen delays uh il
the membiiler shall payS the amount of such billing~ to the 'IlTreaure r of
the Associatio~n for thet bjilenet of the Cod~ce Authlority'.
St:7ono :5. NohTingiio contatined inl this5 Code shiall constitute thle
Inonshilers of ther C'od~e Auithor~ity par~tn~r~s for anly punrpo~se.. Nor
shall any AIfl~tl'se Of ~the Clode Althlority' be liable in ai ny mnner to
any person for1I anyI! not o~f anyi othert memberl~~l, olffiCer', agent, or' eml-
p~layee of the( Codl~e Authrityi-ii~ Nor shall any Membe~Ltr of the Cocde
Au~lthlor'it, exeC~l'ising~L Iores unable dlili~cence in thle conduct of hiis
cdufr in he~reunderl I6 liabl-, to nnverne fo anyi Rc-t ~r omiission to act
under this Code~l, exsceplt fo hiis own n illfull rarisfra1ma~c~ e or noni- g
feasane.







613


SECTION 6. The Codle Authority shall have the followings powersi
and duties, the exercise of which shall be r~eported- to thle Admiinis-
trator and shall be subject to his right, onl revijew, to approve or
disapprove any: action taken by th~e ('de A~uthcrity::
(a) To insure the execuitioni of the provisiionsoff thiis Code and
provide for the comnplianic e of the Ind1-ustry with the provlisions of
the Act undler such rules andc regulaltionrs as m~ay be c tablished~ by
the Adlministrator.
Irb) To adlopt by-law-s and rules andt~ regulations for its pro~ccedure~
and for the administration anld enforcement of the Cod~e.
(c) To receive andl inverstiga~te compilaints andi to aIttemiipt to nd7-
just the samle in necordanlce~ with law lnwler such rules and(. regulu-
tions as m~ay be prescr~ibIed by the Adinc l Iist rafltor .
(d) To r~epr~esent the Indus~ltry in conferring wJrith the Presidenlt,
or hris agents, w-ith respect to th~e Adminlistrationrl of this Codle and1(
in respect to thle Act and anyT regulations iissued therleunller.
(e) To obtainl froml Memrlbers of thie Indlustryr uchl information
and reports as ar~e required for thze admlrinistrantion of thie Code
andl to prIov'ide forl submission by mlemabers of such informantionl and
reports as th~e Admllinistralto~r mlay dleem1 necessary for the p~urpocse
recitedi inl SCec~tion 3 (a) of th~e Act, which information and r~por-1ts
shall be submitted~ by mrem~bers to slc~h namlinistr~ative and/or gov-
ernmient agencies as the Admllinistrator may designated; providledl
that nothinga in this Codle shall relieve anyl Member1~PI of thie Indnetry1'3
of any existing obligations to furnish r~epor~ts to any- gover~nmnt~l
agency. No indlividuarll reports shall be dlisclo.sed to any o~ther
M~emlber of thle Indulrstry or any other party except to such govern1-
mental agencies as ma'y be directed by the Administratori. All
such reports shall be Itreeived on behalf of the Code Authority
by thle Executive Secretar~y of the Association, and at the r~equ-e t.
of any member his r~epor~ts shall be kiept c~onfide~ntial except as above
prov ided.
(f) To ulse sulch trade associations and other agrencies as it deem4
pr~oper for thle carryingrl~ out of any of its activities p~rov\idedl that
n~othinge hlereinl shall relieve the Code Authority of its duties or
respon~sibilities under this Codle, and that such. trade associaltions
andt agfencile~s shapll at all times be subjecit t-o anrd comply with the

(gr) Each~ tradle or indcustr~ial assioc-iation, direcctlyv or indirectly
panrticipating in th~e selection or activities of the Cocde Aut~hority
shall (1) imlposer no inequlitable restril-tions on nlreberl~hip, andl (")
submiit to thle Adminiiistrator tr'ue copies of its articles of a7ssocia-
tion or incorpora;tion, by-laws, regulations, and any amic lcl~endments
whlen mnade theretto, together wLCith such other infolrmatinton as to
Iiuembiershlip, organization, and activities as the Admini ~trntor nlny
dleeml neces~sary~ to effectuate thle purpose~ of thne Ac~t.
(h) To miake recommnendainsi~ l to the Admllinistrator()I for the
coordtinaition of thie Admiinistratioon of this Codle w\ithi such other
Codes, if any, as mnay be relatedl to the Inidustry.
(i) To securre fr~om memtlbers of th Ind~ustry4 an equitable and
pr'oportioinate paymie nt of thle r~easonab~le expen e:-C of mIntin~ling
the C'ode Au~.thor~ity andl its activities.







614


(j) To cooplera:te' w\ithl thle Admlnnis;tra.tonr in regulalt.ingr the use
of any N.R.A~. inlsigrnia solely by those Mlembers of the Industry
who ha~ve assentedl to, andl are complying with this Ciode.
(k) To recolnunend to the Administrator further fair trade prac-
;ice prlov.i.io~ns to goverln Members of the Industryr in their rela-
tionrs with~ ech~ other or with other industries, and to recommend
to the Adincl~is;ltentor' measures for-1 industrial planning, including
stablilizationl of emp-loymrent.
SCec.rinN 7. If theC Admllinistrantor shall determine that any action
of th~e Codce Autho~r~ity or any~ agency thereof may be unfair or un-
just or (contraryl'! to. thle public interest, the Achninistrator may
require that ;1uch1 not'ionl bet suspended to afford~ an opportunity for
investigatlioni of, thle merits of such action anld further considera~-
tion by such C'ode Authlority or agency pending final action which
shall not be e~ffective unless the Admninistrator approves or unless
he shall fail to dlisap-prove after thirty days' notice to himl of inten-
tion to proceeds withl suchl action in its original or modified form.
An:Tli.CL \III- ~T.\ ND.\RDS AND 31ARKETING

S~ECTIoN 1. TheC Cod~e Auth~ority shall from timne to time specify
and d~efiie, subject~ to then aprova~~l r.1of the Administ'trator the Prod-
ucts which ar~e tol be considlered thle standards pr1odulcts of thle

SCecTroxs 2. Thle C'ode Auth~ority shiall, as soon as practicable, pre-
pare minimum standardsl of qualityr for thle standard products so
specifiedl, and acfter approval~" by thle Administrator andl thie publien-
tion of such standards~l by! the Code Aulthority, nlo 1\fember shall
ma7nd7l~c urctu or sell n Product below suci standards. The Codte
Authority shall have the right to change such standir~dJ fromt timne
to time subject. to the alpprova~l olf the Administr~ator.
SE<: mI:1 3. Any1! Prod~uct. which is a standards product of more thian.
one Membnler, shall bhe subject to a definite codlification by the Code
Aulthor~ity., which1 codification shall appear on all tags, packanges andl
invoices relating~ thercto~ and other appropriate places. This mayS
be accompaniedl by3 th~e mlemlber' owni trade Iname and d-escr~iption
in addition therieto.
SE~CTION~ 4. On1 any uchl'~ stanldardC product, mat~erial sp~eific~tionls
shall be determinled~ by, th~e C'ode Authflor~ity, anl any~ var~iation fr~om
such specifications mnuct be noted on tags, packagej, and invoices,
retla1t i niL th re ~tto:.
Shr-._xll 5. Theli Co~de Auhrityiii! shall1 prscr~libe ruiles andl reguiln-
tions laroviding fori the sale of surplus invecntories, discontinued
lines and Produrc~ts whiic~ ar~e not uP to specificati olns of sale or do
not comp'l'y with' the miinimnum sta~cnardls as herieini set forth, where
such goods are nost soldl onl contract. Suchi rules and regulations
shall be effective upl~onl appr~oval by! th~e Admlinistrantor. No 1\Iemberl
of the Indu try s? hall sell any~ goods inl any of thle classes hereinabov~e
deiscribed for thie purpose o~f violatingS th~e provisions of this Code
or of de~feting t~ly purpos10es Of thle Act or. except in full compliance
with such rule- and1~ regu'~latniol s.






615


ARTICLE T11--TERMIS

SECTION i. Aftlmuilm termS fOl thle Industr~y shall be two percent
cash discount on all invoices dated between the first and fifteenth
of the month if paid on the twenty-fifth of the samne month and~ on
invoices dated between thle sixuteenthl and thirty-first, if paid on the
tenth of the following monthly. All invoices shall be dated as of the
date of shipmnent.
SECTION 2. Cash discounts shall not be allowed if not ear~nedl.
Cash discounts may only be earned by payment in cash or equiva-
lent, but not in trade acceptances, notes or other evidences of indebt-
edness. Due to possible mistakes in mailing of payments or othe~r-
wise~, three (3) days grace may be extendedl to customers for thne
earning of cash discounts, in which event date of paymennt. mullst
be considered date of postmark.
SECTION 3. A call.rloa buyer entitled to a carload dlis-count shall
be construed as one who places at one time an order for a minimnum
of twenty thousand pounds of the products of this ind~ustr~y. Such
carload quantity, defined as abovPe, maay be divided into severd1
shipments, but the entire carload quantity shall be entirely hpe
within fifteen days of the date of the first shlipmernt. fpata
shlipmlents of a single carload order are maCLde. they shall be identified
and marked on, each invoice: L" Partial shipment on carload order".
The earloud discount shall be allowable only aft-er the comipletion
of shipment of the entire order within the timue herein limited, and
as a credit. against the invoice for t~he last shipment. No buyeir who
is not a carload buyer, as herein de~fined, shall be entitled to any dis-
count other than cash discounts.
SECrITOCN 4. NOtes are tO bear legal interest payable at place of
maker in all cases.
SECTION 5. If thre original terms of sale shall so provide, tr~ad'e
acceptance which are due withlin sixty (60) daysa of date of invoice
without inlter~est mlay be accepted as payment, provided no cash dis-
count is allowed; all trade ne~ceptances shall be dated the date of
shipment. Aill notes given in renewal of trade acceptances, shall
bear interest at the legal rate payabtle at the place of businless of
the maRker.
SECTION, 6. Every Mfember shall charge and make a reasonable
effort, to collect interest. at a rate of not less than G:' per annulm or
t~he legal rate on all purchases not paid for by the. customer within
slixiety~ (GL) day following date of invoice, but ten (10) day gac
theraftr ma bealloed efor~e interest, shall be charged.
SECTION i. All customers whose accounts are ulnpaid wFithin sixty
(60) days after the date of invoice, shall be reported on the 10th day
of each month to the Cod3e AuthlorityT for compnilatiojn.int o proctec-
tive credit reports to be furnished to all Mfembers; who hiave assented
to this Clode, and havre contributed to the exp~ense of admninistration
t.hereof, as her~ein provided. In the event that an ncolunt: is in dtis-
pute, th~e report shall so indicate. An nrlcouni~t evidence byV any tradelr
acceptance, note or paymnen~t other than byT cash or check, shall be
considered unpaid, bult shall nor~t be consid'eredl delinquent p~rior to
maturity of such instruments.






616


AnnOICLE 'IrPrCLICATIONr OF PRICES

SEC'TION 1. Each M~ember shall, within five days after thne effective
date of this Codle, file with the Code Authority a published list show-
ing sales prices and carload discounts for all of its products, as
definedl by this Code, and from and after the expiration of such five
days, such members shall at all times maintain on file, with the Code
Authority, such a list and shall not make any change in such list
except as may be hereinafter provided. All published prices shall be
f.o.b. plant of seller. Eachr suceh published hist shall become effective
ten days after the date of filing with the Code Authority, provided,
how~eer, that the first list filed by any manufacturer as to any such
products, as above provided, shall take effect on the date of filing
th~ereof. All price lists shall be forwanrded from the main office of
each mlembler, by- registered mail, and the date of mailing shall be
considered the date of filing. Whlenever any price list shall be filedi
with the Code Authority, the same shanll be mnade available to all
persons interested therein upon request.
SECTION 2. No published list filed by any member as herein pro-
vided, shall be changed except byv the filingbr by suIch member of a
new published list;, which shall become effective ten days after the
date on wcchich such new;\ list shall have been so Hiled.
SIEC'TION 3. Whenever a member shall file a newF list w~ithl the Code
Authority, such member shall not sell such products on the basis of
such new list until it shall have been on file for ten days wit~h the
Code Al~uthority, except as herein ot~herw\~ise provided.'
SCEc.rcno 4. Wh~lenevcer any members shall file with the Code Au-
thority a new published list for any Product, it shall be the duty of
the Code Aluthority to immediately mail to each other member of the
Industry, who has assented to the Code and has paid its pr~opor~tion-
ate share of the expense of the preparation and administration of
this Code, a copy of such, portions of such newv list which apply to
any Product manufactured by sulch other M~ember, and thereupon
any other M~emnber may, if it shall so desire, file a revision of its list
of the same or similar completing Product to meet the initial change,
which, at the option of such Member mnay become effective upon the
date when the new list first filed with thle Code Authority shall go
into effect, and like notice shall be given by the Code Authority of
any further new lists so filed by any others Member.
SECTION 5. The Code Authority shall cause to be formulated an
accountingr sysqten and me~thods~ of cost findings and/or estimiatinlg
capable of use by all Members of the Industry. After such system
and methods have been formulated and approved by the Adcminis-
trator, full details concerning them shall be made available to all
Mlember~ls. Thereafter. all Members shall dentermilne and//or estimate
costs in accordance with the principles of such methods. The pricing
and/or selling by arny MS/ember of the Industry of any Product below
cost as determined in accordance with thle principles of such methods
is an unfair mneth~od of competition and az violation of thlis Code,
xcepclt as providecd in Section. 7 of thlis Article XY.
SECTION 6j. Tllhe Code A15uthorityS may) require any member of the In-
dustry to submit dalta as to the cost of production of any of the prod-
1 See paragraph 2 of order approving this Code.






617


ucts for which prices have been filed, as such costs shall have been
determined pursuant to Sect~ion 5 of this Article, and mayR~, for pur-
poses of verification of the accuracy thereof, examine so much of the
pertinent books and records of suchl 1Mem~ber as may be required to
veri fy such statements. Notification shall be! given to all other mem-
bers of the Industry in the event such data is required. If the Code
Authority determines that a filed price violates th~e provisions of
Section 5 of this Article, such price shall thereupon become noneffee-
tive and the Code Aut~hority shall immediately notify such Memiber
of its conclusions and such ~Member shall immediately file a. ne-w
price list which complies with said provisions of Section 5 of this
Article. All decisions of the Code AuthorityS under this Section, to-
gether with t~he reasons therefore, shall, be filed with the Admninistratorr
and shall be subject to suspension or cancellation.
SECTION 7. Selling below cost to meet anyT existing lawful compe-
tition on Products of equivalent design, character, quality or speci-
ficat~ions, shall not be deemed a violation of this Code, and shll3T at all
times be permitted. It shall be lawful to meet any published net
price for any Product filed by any ~Member with respect to which the
Code Authority shall not. theretofore hav~e begun an investigation, as
provided in Section 6 of this Article. Whenever any new list shall
be filed by any MCember as to luly Productt pulrsunt to Section 6 of
this Article, it shall be the duty of the Code Auth'ority to notify each
Member assenting to and complying with thle Code, of the filing of
such new list, and it shall be the further duty of the Cod'e AQuthority
tor notify ecIh MembrlnP so assenting to and complying w7Cith this Code,
as soon as practicalble and not later than ten days after the filing ofE
such new list, wrhethler or not it has been accepted as complying with
Section 6 by the Codle Authorit~y, or is subject to investigation; and
whenever any Mlember shall file or desire to file a new list, for any
Product to meet a pre'ViouISLy filed list, it shall be the specific duty ofE
the Code Auth~orityr to at once notify the Memilber wI'hethr or nIot an
investigation hlas been begim as to the propr~i-t~y of such first filed
list. And if at anly timle after thre filing of completingr lists, an inves-
tigantion shall b~e begcun byr the Code Authority~ as to the p~ropieicty of
the. list fir~s t iled, like notice shall be g~iven. to all M~embers who have
met the competitio- n affocrdled by such list within respect to which sulchl
i nvest ig t~ion sh a l~l ve been begun. Whenever any list shall be with-
drawn by any Miember after cojmplainlt by the Code At-uthority, or
the operantion of suich list. shall in- any manmner be restrainled, thecn all
publishled lists theretofore filed to meet such imnproer list, shall,
upon notice from the Cod:e Autho~itiy, likewisie be ~withdra~wn. In
order that each Mfemb~er shall' be allowedl to meet all lawful competi-
tion, it shall not be necessary thant -the list filed by each Mlemnber shall
shlow tha~t the sam~e shall prevail inl all area.zn es andC 1TC terr'IiftoieS,
but each list filed by any M~ember, or any revision thierecof or am~end-
mlent. thereto, may make sp~ecific provisioni to meet a ny la w\ful comple-
titio~n o~fferedl to the M/emnber in any namled' areat, zone, or terrlitorly.
But nothing herein contained shall be co~nctrued~i to prevent any Mfem-
ber fromll selling any Product at a price nlot below sruchl Mlember's
cost, determined as set forthl in Sfectio~n 5 hereof.
Szcenos 8. Items bear~ingr extru~s shall be (old1 at pr~ices which
include flr such extras, ad-dition~s to publll~lise prices at not less






G18


than the M/lember's individual cost for such extras. "L Extras "
ameas better quality, mnt~erials, or featulress additional to those
specified for the Product for which the price list was filed.
SECTION 9. T~'l~enevcr it shall be necessary for the Code Author-
ity to act under any provision of this Code, the votes of the members
of the Code AuthorityT upon any issule may be received by the Code
Authority by -telephone, telegraph, orally or in writing, or in any
other manner set forth in thie By-Laws t~o be adopted by the Code
Aulthority. Administration Mfembers of the Code Authority shall
be advised forthwrith ofe anyv such action.
ARTICLE XNFI-TNR TRADE PRACTICES

SECTION 1. No Miember shall sell or exchange directly or indirectly
by any- means wshatsoevejr anly Product of the Industry at a price
lowe ora dscont renter or on more favorable terms of payment
thantha of h is publ ished list in effect the date the order for such
sale or exchange was accepted, nor shall be invite or consider offers,
tendrsor rdes a a rice below his list effective at the time of
suh ffrtnders or order a b provided, however, that any Miember
shall at all times be allowe~ud to makre ano llowance for equalization
of freight as against the most favorably situated competitor.
SECTION 2. Where two or more Products of the Industry are
sold in combination, each 1Product must be separately priced and
sold. NMo allowance shall be made upon the price of any one Prod-
uct by reason of the pur~chalse of any other Product in combination
with the first.
SECTIONc 3. No Ml/ember shall sell a Product of the Industry in
comlbination wFith merchandise which is not a Product of the In-
dustry, except where such mer~chandise shall be separately sold and
separately priced.
SECTION 4. Nl~o JMember shall condition the sale of one class of
Product to a customer upon the agreement of such purchaser to pur-
chase other Pr~oducts or other merchandise ma~de or sold by the
same Member.
S~ECTroN 5. After the effective date of the Code, no M~ember shall
taker anry order for the delivery of mnerchandlise at any period
beyond ninety days from the making of a contract for the sale
thereof, anid every contract for the detlivery of merchandise beyond
thirty days from the date of making such contract. shall be in writ-
ing signed- by the purchaser, and shall be for a specific quantity of
mner~chandnise.
SECrzoN 6. All sales shall be invloiced at the timie of shiipment,
and records pertaining to such sales shall e~learly and accurately
Lstate all the essential elements of thle sale.
Srenoxc~ 7. The followirw practices constitute Unfair Mfethlods of
Compel'ttitioni for the M~embers of the Industry, and a violation of
this Code:
A5. IB1nraningr or marking or packing any goods in any manner
wThich is intendedl to or does de~eiv-e or mislead~ purchasers with re-
sp~ect to the brandl~, grade, quality. quanntity, origin, size, substance,
chalracter, nature, finish, material c~ontenlt or preparation of such






619


B. (1) Falsifying, by omission or oth~erwise, books of necount,
orders, acknowledgment of orders, mnvoices, statements of account
w~ith regard to quantity, quality, weights, proper descriptions or
pri ces.
(2) Falsifyring cost records or omission therefromz of essential inc-
tors of cost as required by Article X, Section 5.
C. Inducing or attempting to induce, breach of existing contract;
betwFeen competitors and their customers by any :false or deceptive
means whatsoever, or obstruct~inga the performance of any such con-
tracts by any such means, with the purpose and etffect of hlampe~ring,
inj'uringf, or embarrassing competitors.
~D. Ob~taininig confidential information conierningb the business of
a competitor by7 a false or misleading statement or :reprIesentation, or
by a false impersonation of onle in authlority.
E. Guaranteeing any purchaser against a decline of price. Guar-
ant~eeingr any purchaser or prospective purchaser against, an advance
in price; provided, however, that naothring in this Section contained
shall exclude the marking of a bona fide contract for future delivery!
where such contract is mutually bindiinga upon the seller and pulr-
chaser, and is for a specific quantity of mierchandise,~ as hereinbefore
proviidedl.
F. Making wlfually false statements as to a competitor's char-
acter or products or ability to perform, or financial status.
Gt. (1) Paying or allowing, in the f~orm of money, products, or
otherwise, unearned rebates, refunds, credits or d~isoun~ts.
(2) Extending services or privieges to any purchasers not ex-
tended to all purchasers under like terms and conditions.
Hl. Accepting thne return of merchandise for credit, exch~ange, or
otherwise except where claims has been madl-e to the dealer within
six~ty days after shipment by the dealer, and/or except where per-
mittedl by~ clauses under G~uarantee to the extent there permnitt(d-.
I. Granting extra discount or additional interest for anltic~ipa~tion
ofJ proper payment dat~e.
J. rantinga a discount based on exunulati~ve quantities ordered
over a given period.
K'. Post-dating or pre-dating quotations, orders, inv~oice~s, state-
ments or other sales documents.
L. Consigning of merchandise, or any method of shelling or
exchanngin the same wichich. has the effect of selling~r on cocnsig~nmentn
or miemorandum..
SECTION 8. NE;o MVemnber of the Industry shall give, permlit, to be
given, or direcctl~y offer to give, anything of value for the Ilpurpo--e
of influencing or :rewanrdingS the nation of any emlploy~ee, agent or
representative of another in, relationl to the busine~s of the emloyerlvc
of such employee, the principal of such agent, or the replr~esenited
party', without the knowledge~ of such employer, prinexpilal or par"ty.
This provision shall not be construedl to prlohi~it; free and generlll.1
distribution of articles comimonly used for adv-ertising~ except insofar
as such articles are actually used for conunller~cial brl!iberyl as here-
inabove defined.
SECTION 9. Any lev-iation fr~om or v-iolation of the proi '\jionl of
this Code by any Member of the Industry. either direc~tly or
indirectly through a distributorl' shall be cnlrideredc~l an unfair






620


mnethod of competition and a violation of this Code by such Member.
By distributor as used in this Section, it is intended to include
dealers, salesm~en, sales agents and any other person authorized to sell
or to negotiate sales of Products of the Industry on behalf pf any
Mem~lber.
SECTION 10. Nothing in this Code shall limit the effect of any
adjudlication by a Court of competent jurisdiction or a holding by the
Federal Trade Commission on complaint, finding or order that any
Ipracltice or method is unfair.
ARTICLE 111II-R1ONOPOLIES

No provision in this Code shall be so applied as to permit monop-
olies or monopolistic practices; or to eliminate, oppress, or discrimi-
nate against small enterprises.
ARTICLE XLIII--AnrlENDblENTS ABND RlODIFICATIONS

SECTION 1. Thlis Code and all the provisions thereof are expressly
made subject to the right of th~e President, in accordance with the
provisions of Sub-section (b) of Section 10 of t~he National Recovery
Act, from timec to time to cancel or modify any order, abpprovald,
license, rule, or regulation issued under Title I of said At n
specifically, but wiithnout limitation, to the right of the President to
cancel or modify his approval of this Code or any condition imposed
by him upon his approval thereof.
SECTION 2. This Co~de, except as to the provisions required by
the Act, mlay be modified on the basis of experience or changes in
circumstances, such modification to be based upon application to
the Administrator and suchr notice and hearing as he shall specify,
and to become effective on approval of the President.
SECTION 3. If th~e Code APuthority shEall desire to propose an amend-
ment to the Code, it shall first approve any such amendment, and shall
submit the proposed amendment to the Members of the Industry,
who shall thereupon vote~ upon said proposed amendment at a special
meeting to be. rlncalled r that purpose,_ at, whichl meeting voting may
be by proxyr. I~n voting upon any am~endmdent so submnittedl by the
Codet A-?uthority- there shall be two separate andl distinct ballots
thereon as follows:
(a) Each Member voting shall be entitled to cast one vote upon
the said amendment, which vote shall be known as the M~ember
Vote '"
(b) In addition to the Member Vote each M~ember voting
shall be entitled to cast one separate and distinct. vot.e or v-otes for
eachl dollar of gross sales of such Member for the proceeding semni-
annual, period of January to June inclusive, or July to December
inclusive. This vote shall be known as the Yolumle Vote".
In order to receive approval anyT such. proposed nmnendment. shall
receive the affrmative vote of (a) at least tw~o-thirds of the 1\Iem-
ber Votes cast, and in addition thereto (b) at least two-thirds of
the Volume Votes cast, both separntely consideredl. If such pro-
posed amendment shall be approved in the manner above set forthl,
the Code Authority shall submiit such proposed amendment to th~e
Administrator.






6211

SEcTION 4. Whenever the Code Authlority shall be of opiniojn that
the application of any provision of this Code in any par~ticular case
or instance works an undue hardship, thle Code Autho~it~y may apply
to the Admiinistr~ator for an exemiptioni or exsceptionn as to suchI par-
ticular case or inlstance and upon the allowance of such exempltion
or exception thle Code Authority may take, allow or permit such atc-
tion as is not. inconsistent w~ith the exemption or exc~eptwun allowed by
th~e Adrnin~ist.rntor; but thiis paraglraph shln~l not apply to any pro-
vision of thiis Code required by the Act.

Aatr XTCJ 3IVT-- PRICES INL H:EA. E
W~he~r eas ther pocli cyv of the A c~t to inclre~no e"~ rea l pr chasing n power
will be m~ade inslpo sible of consununationcr if prices of g~oodls and
services incr~ease als rpidly- as wagers, it is recognized that price in-
creases be dlelayed and that, when made~l, th~e samer shoulld, so far as
reasona~bly po-sible, be limsitedT to n<-tual increases in the seller's
cost~s.
iART~ICLE XV--EFFEC.TIVE DATE

This C'ole Ihall becomerlt effective on the fifth calendar day after
its appro''val by! thle President.
Apprl,'veal r'totlr- N ,329.
Registry' No!. 113N0(.1.




UNIVERSITY OF FLORIDA
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