Code of fair competition for the floor machinery industry as approved on October 17, 1934

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Material Information

Title:
Code of fair competition for the floor machinery industry as approved on October 17, 1934
Portion of title:
Floor machinery industry
Physical Description:
p. 29-42 : ; 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:
Floor cleaning machines -- United States   ( lcsh )
Floors -- Maintenance and repair -- 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. 1399-66."
General Note:
"Approved Code No. 526."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939822
oclc - 652483755
System ID:
AA00006824:00001

Full Text

NATIONAL RECOVERY ADMlINISTRATION




CODE OF FAIR COMPETITION
FOR THE

FLOOR MACHINERY

INDUSTRY


AS APPROVED ON OCTOBER 17, 1934







NHMSAR





WE Do OUR PART







UNIV. OF FL LIB.
DOCI,1MEYTS OgPT.




U.S. DEPOS'TOR!

GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


----------- I


- -- -Price 5 cents


Approved Code No. 526


Registry No. 1399--66


Forsale by the Superintendent of Documents, W~ashington, D. C. -


























This publication is for sale by thle Superinitendenct of Documents, Government
Printing Office, Washingt2on, D.C6., and by district uflicses of thre Bureau;lL of For'eign
andl Domestic Commerce.

DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE

Ath~ntn, Ga.: 504 Post Ofcec B~uildingo.
Birmiugingham Ala.: 257 Federanl Duildling.
Boston, Mass.: 1801 Custonslhouse.
Buffallo, N. IY.: Chamber of C'ommlerc~ BU~iblinlg.
Charleston.. S. C.: Chnmber Of Cllmmeur-e IBuilding.
Chieago, Ill.: Suite 1706, 201 N'orth W'ells Street.
Cleveland, Ohio: Chamber elf Commeree.i~c
Dallas, Tex.: C'liamul~er of Col~nc. uarce Duilding.
Detroit, Mic~h.: 801 First: Nitiona~l noouk Buliildin,.
Houston, Tex.: Chnamber of Comnmerce Buildilng.
Indianaolisi~ Ind.: Chamber of Corummere Building.
Jalcks~onville, F~la.: Chamlber of Commelrce Bluilding,.
Ktansas City, Mo.: 1028 Baltimrucle Ave~nue.
Los Angeles, Calif.: 1163 SPouth~ I~cnlnnrov..
Louisville, K~y.: 408 Federal Building~.
Mnemp~his, Tenn.: 229 F'ederal Buildling.
311iuneapo'li;, Minn.: 213 Fedleral Buildling.
New\\ Orlean~, La.: Room 2257-A, (Cult(.mhous.1e.
New York, N. Y.: 734 Custom~house.
Norfolki, Va.: -100; Est P'lume Streert.
Phiislaelpiia, Pa.: 422 Comme~rcint Trust E:uildjing,.
Pitt-burl'h.. Pa.: Chambller o~f Commeirce ~uibling.
Portland, O~reg.: 215 New\\ Post Office B~uildinlg.
St. Louis, MoI.: 506 Olive Str'eet.
San Francisco, Calif.: 310 CusltOmbouI~Se?.
Seattle, Wiash.: 500~ Federal Oflce Buildling.













.Approved Code No. 526


CODE OF FAIR COMPETITION
FOR THE

FLZOOR MAhCHINERY INDUSTRY

A~s Approvedl on October 17, 1934


ORDER,

APPROVING CODE OF` FALSIR COMPETITION FOR THE EILOOR I11ACHINERY
IN DUSTRY

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933,~ for approval of a Code of
Fair Competition for the Floor Mlachinery Industry, and hearings
having beendul held thereon and the annexed report on said Code3
contazmig findings with respect thereto, having been made and
directed to the President:
NOWF, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
Eity euvested in itiv re by$ Executive Orders of the Presiden t, including
Exectiv Orer o. 6859 and otherwise~, does hereby incorporate
by reference said annexed report and does find that said Code com-
plies in all respects with the pertinent provisions and will promote
the policy and purposes of said Title of said Act; and does hereby
order that said Code of Fair Competition be and it is hereby
app ro ved.
NBTroNAL INDUISTRIAL RECOVERY BOARD,
B~y G. A. LuKci, Admninistrative Of)Ener.
Approval recommended :
KIISOURNE JrOHNSTON,
Acting Di~v~s-ion Adm~inistr~ator.
WASHINGTON, I). C.,
October 17, 1934.


exast*-1244-64---84


(gg)













REPORT TO THE PRESIDENT


The PRESIDENT,
Th~e Wlhite Emezse.
SmI: This is a report on. thne Codec of Fanir Comp~etition for the
Floor 1\fachlinery Industr~y, public hearings on which wans held in
Washingtlon, D. C., on July 12, 1934~, in accordalnce writh the provi-
sions of the National Indulstrial RcioveryI3 Act:
PROVISIONS OF THE CODE AS TO WAXGES AN;D HOURS

This Codie provides for a mraxinulunl working period of forty (40)
hours per weeki, eight (8) hours in any! twenlty-foul r (i24) hour period,
and six (6) days per week. The followings ar~e excepted:
(a) Executives and manalgerial employees rece~iving thir~ty-five doll-
larss ($35.00) or more per week, traveling salesmenr anld collectors~.
(b) Employees, on emier~gency maninte~nance or repair work who
are to be paid at least one and one-half (11.) times t~he normal rate
for time w~orked~c in excess of eight (I8) hours1' per' day, or fortyS (40)
hours per week.
(c) Employees meeting the requirements o~f peak demand for anly
six (6j) weeks in any six (6i) months' periodl who are t~o bie paid not
less than one and one-half (1%~) times th~e normal rate for~ timne
worked in excess of eighlt (8) hours in any one day o~r for~ty (40)
hours in any one week.
(d) Wa~tchmenr are permitted to work fifty~-sixr ho:u~rs per w5eek.
(e) Stock and shipping clerks and dlelivery employees may wo~rk
not to exceed for,1ty-four (44) hours per week;, with time and one-
half (1%/) paid for houurs worked in excess of eighlt (8) hours pier
day or forty (40) hours per week.
This Code provides for minimzumn rates o~f pa~y of forty cents (404~)
per ho-ur. It provides for minimum rates of pay for offiTce employees
of fifteen dollars ($151.00) per' week, except in c~it~ies of less thaRn
250,000, when the minilmum rate is fourteen (14) dollars per weekl.
Child labor is prohibited, and no pers~ion und~~er eighteen (18) y~earsy
of agre may be employed at occupations or opera~tions which; are
Enzarrdous in nature or da;ngrerous to healfth.
]Provisions are ma~de for p~osting of complete copies of the Code
and any ame~c~cndmntslt or modifications which mayr later be a~-pprovedl.
ECONOMIC EFFECTS OF THE CODEG

This is a comparatively small industry~, the products of which are
used in thne condlcitioninlg and maintenance of floor surfaces.
There are some thlirty-four known members of the industry of
which fourteen represent between 90%7 and 95%r of the production
volume.
(30)








The industry generally has operated for the past year under the
President's Reemploym~ent Agreement, under wcihich wcage~s were
raised in 1933 about 25%.
Thie estimated production volume of the industrry in 1929 was
$3,200,000, and it employed a total of 671. In 1933 the production
volume had shrunk t~o $1,800,000, and there w~ere only 383 employees.
While there has been an increase of about 10%r in, the number of
employees in 19341, a substantial mecrease is possible only through. a,
general resumption of business activity.
It is expected t~hat the adoption by th~e indus-try of the Trade
Practice Rules providedl in this Code will materially assist in restor-
ing this industry to a healthy basis of operation.
FINDINGS

The Deputy Admninistrator in his final report to us onl said Code
having found as hereinl set forth and on the basis of all the proceed-
ings in this matter:
It is found that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of thle National Industrial Recovery ALct, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend t~o diminish the amount thereof and ~will pro-
vidle for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required7), by increasing the consumption of industrial and
agricultural p~rodlucts through increasing purchasing power, b
reducing and relieving unemployment, bly improving standards o
labor, and by othlerwise rehabilitating :industry.
(b) Said industry normally employs not more than 50,000
employees; and is not classified by m~e as a major industry.
(c~) T~he Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Sub~section (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
Industryy: and that said association imposes no inequitable restric-
tions on admission to nemibership therein.
(d) The rCode is not desig;ned to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against theml.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, we have approved this Code.
For the Nat~ional Industrial Recovery Board:
G. A. LY~orr,
Admrinis~trativee Oficer.
OctoBEa 17, 1934.













COD)E OF FAI_`lR, COMIPETITION FOR THE FLOOR
MACIHIN+ERY INDUSTRY

AnR~TCra I--PURPOSES

To effedtuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Floor Manchlinery~ Ind~ustry, andc upon np-
proval' shall be the standards of fair c(:mpIetitioni for sulch industry
and shall be binding upon every memnber thereof.
ArTL-ICLE II- DEFINITIONS

SCECnos~l 1. The term Floor M~achinervl Indcustry or the In-
dlustry mneans the mlanlufacture for sale of floorl w-axinga, scr~ubbing,,
polishiing, sanding, refiGnishingJ, or sur'fl~lfci ng mchinery..
SECHION 2. Th~e termn '"Emp~loy)ee ", as uised hierein, includes any
and all persons engaged in the indlustry, howevc\er comlpensate~d, ex-
cept a member of the industry.T
SECTIO~N 3. The termu Employer "', as used h~erecin, includes anyone
by whlom any such employee is comp!Iensatedt or emlol~yedl.
SECTION 4. Tlhe term '" Membert~ of ther Indlustry ") as used herein,
includes, but without limitation, anyr indlividua~l, pasrtnershlip, asso-
ciation, corporation, or cothetr form of enltelrpr~ise engaged in the In-
dtustry either as an empllo yer, or on his orr itS ownI behalf.
SECTION 5. The term '~A~ssociation ", as us~ed herein, means t~he
Floor Mlachin lery dla nufwfurIer~s Associatio~n.
SECTION 6. The terms Preside~nt ", "A;ct "'. andl- Administrator ",
as used herreinl, mean repc~lctivel~y thle Presjlidet. of the United States
of America, Title I. of the N;atio~nal Induistr~ial RIecovery Act, and
the Admninistrator for Industrial Recovery3 undler said Act.,

AnnerE ITII-Hu.rnRs

rSECTION 1. NO employee shall bie p~ermitted~ to wo~rk in excess of
eight (8) hours in anyT twcnty-four (24~) ho~ur period, or in excess of
forty (40) hours in any one week or more~ tha~n .six (r6) da~s in any
seven (7) dlay period, except, as o:thlerwi- e ex~r~elssl proid~ed in thiis
Article III.
SECTION 2. (a) The pr~ovisionls of this A~rticle III shall not apply
to persons employed in ma7nagerial or exe~cutivec cap~acities who are
paid thnirty-five (35) dollars or mnore per wT~eek ( or to traveling sales-
men, or to collectors whoc are paid on a co~lnunission basis).
(bn) W'atrhmenc shall not be perm"itted to~ w\orkI in excess of fift~y-
six (503) hollrs per week.
SCEt Tax., 3. (al) The maxim~um hou~r~s lxed al inSection 1 Ileretof
shall not apply for six (6) weekr il any! twcnty-six rBG) w5eeks
period, during which overtime shalll no(t ecee~tid weight. (8) h~ours in
(32)








any one week. In any such case at least one and one-half (114)
times the regular rate shall be paid to each such employee for hours
worked in excess of eight (8) hours in any twenty-four (241) hour
period, or in excess of forty (40) hours in any seven (7) day period.
(b) The maximum hours fixed in Section 1. hereof shall not apply
to any employee on emergency maintenance or repair work involv-
ing break-downs or protection of life or property, but in any such
special case at least one and one-half (11/2) times) his regular rate
shall be paid to each such employee for hours worked in excess of
eight (8) hours in any twenty-four hour period or in. excess of
forty (40) hours in any seven (Ti) day period.
(c) Stock and shipping clerkls andl delivery~ employees shall be
permitted to work not in excess of forty-four (44) hours per week,
provided that at least one and one-half (11/2) times the regular
rate shall be paid each such empiloyee for hours worked in excess of
eight (8) hours in any twenty-four (24) hour period or in excess of
forty (40) hours in any seven (7) dlay period.
SECTION 4. No employer shall knowmgnly permit any employee to
work for any time which when totaled with that performed for
another em~ployer or emnployers exceeds the maximum per~mittedl
herein.
SECTI'ON 5. No employer shall workI any accounting or clerical em-
ploee oretha foty 40hours in any one week nlor more than
sixi (6) days in any seven )dypeodrmretaeih(8
hours in any twenty-fouxr (24 hour period.
ARTICE 17- AGE

SECT'ION 1. NJo employee shall be paid less than at the rate of forty
(40) cents per hour, except as hereinafter provided.
SECTION 2. No clerical or office employee, shall be paid less than
at the rate of fifteen (15) dollars per week, except in cities of less
than 250,000 the minimum rate shall be fourteen (14) dollars per
week.
SECTION 3. (a.) Offce boys and girls or messengers ma~y be paid
not less than at the rate of eighty (80) percent of the minimum rate
for clerical and office employees established in Section 2 of this
Article, but the total number of such office boyvs and girls and mnessen-
gers em ployedl by any one employer shall not exceed fiv~e (5) percent
of t~he total number of office employees of such empyloyer, provided,
however, that each employer shall have the right to employ one such
boy or girl or messenger. The wage provisions of this article shall
not apply t< outside salesmen -who are compensated wholly on a
commlSSIOn DDSIS.
(b) A person whose earning capacity is limited because of age or
physical or mental handicap or other mnfirmity may be employed at
light work at a wagre below the mlinimu~m established by this Code if
the employer obttains from the State~ Authority desiglnated by the
United States Departmnent of Labor a certificate authorizing his eml-
ploy'ment at such wrages and for such hours as shall be stated in the
certificate. Such authority shall be guided by the instructions of the
Department of Labor in issuing certificates to such persons. Each
employer shall file with the Cod~e Authority a list of all such persons








emnployed by him, showing the wages paid to, and maximum hours of
work of, each such employee.
SECTION 4. (a) This Article establishes a minimum rate of pay
regardless of whether an employee is compensated on a time rate or
piece-work: or other basis.
(b) The rules of compensation of all employees receiving more
than the milnimumn herein established shall be equitably adjusted by
all employers wsPho have not already done so since June 16, 1933;
provided that in no case shall hourly or piecework rates be reduced
nor shall any office employee have his weekly compensation reduced
on necrount of a reduction in the hours of employment in conformity
with the provisions of Art~icle III. WVithin thirty (30) days after
the effective date, each employer in the Industry shall report to the
Administrator, through thle Code Aut~hority the action taken byv him
since June 16, 1933, in adjustinga t~he rate of all hourly and pieceworkr
employee s and of all1 office employees receiving less than t~hirtyv-fve
(31I) dorllarLs per wceek of regular work period.
ARTICLE V GENERAL LBBon PROVISION8

SEcTION 1. No person under sixteen (16) years of age shall be em-
play!ed in thte industry, no anyone under eighteen (18) years of age
at operations or occupations hRzar~dous in nature or detrimental to
health. The Code Authority shall submit to the Admninistrator
within sixty (60) days after the. effective date of this Code a list of
such operations or occupations. In any State an employer shall be
deemetd to have comnplied with this provision if he shaRll have on file
a certificate or permit duly signed by the author~ity in such State em-
p'owT"ered to issue employm~rent or age cer~tifjcates or permits showing
that the employee is of the required age.
SEC'TION f2. ALs required by Section 7 (a) of the Act, it is hereby
provided :
(a) That. employees shall1 have the right to organize and bargain
collecit~ively through~~ represt.~entatives o~f their ow\Tn choosing, and shatl
be free from the interference, restraint, or coercion of employers of
13bor1, or` their agents, in the designation of such r~epresentatives or
in self-orgarnizatioln or in other concerted activities for the purpose
of collect ive b~argaining or other mutual aid or protection.
(b) No emplloyee andl no one seeking employment shall be required
as a condition of' emp~loymntn to join any company ~union or to refrain
fromt joining, organlizing, or assisting a labor organization of his owyn
choosing.
(c) Emiployers shall comply wit~h the maximum hours of labor
minimnum rates of pay. andl other conditions of employment approved
or prescr~ibed by the President.
SiECTION 3. Fe0mtle employeeS performing substantially the same
work as male employees shall receive the somue rate of pa~y as male
employeeJCs; and where they dlisp-lace men, they shanll receive the same
rate of earmlngn s as the men the~y displatce. T'ire Code Aut~horityv shall
within nincty (90) day~s after the effective dlate of this Code, file
with the Administrator a description of all occupations in the Indus-
try in which both me~n andi w-omlen are e~mployed.
SEC`TION 4. A ll emljOy'er'811 Sha Zl ke payment of all wages due in
la wful currency or by negotiable chleck therefor,, payable on demand.








These wages shall be exempt from any payments for pensions, insur-
ance, or sick benefits other than those voluntarily paid by the wage
earners, or required by t~he law. Wages shall be paid at least at the
end of every two weeks' period anid salaries at least at the end of
every mont~h. No employer shall withhold wages except for legal
cause. The employer or his agents shall accept. no rebates directly or
indirectly on such wages nor give anything of va~lue or extendl favors
to any person for the purpose of influencing rates ofe wages or the
working conditions of his employees.
SECTION 5. No provision in this Article shall modify estabished
practices or privileges as to vacation periods, leaves of absence or
temporary absences fromt work heretofore granted to office emnployees.
SECTION 6. Every employer shnall provide for thne safety and health
of employees during the hours and at theplcsothremomn.
Standards for safety and health shall be sbmte by there Cpodlent
Authority to the Administrator within three roont~hs after the effee-
tive date of this Code.
SECTION i. NO employer shall reclassify emplloyees or duties of
occupations performed or engage in any other subterfuge for the
purixose of defeating t~he p~urposes or provisions of the Ac~t or of
this Code.
SECTION 8. No provision in this Code shall supersede an~y State or
Federal law which imposes on employers mrore stringrent require-
ments as to age of employees, wages, hours of wIork, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than as imposed by t.hnis Code.
SECTION 9. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-
ber of the Indust~ry shall comply withn all rules and regulations rela-
tive to the posting of provisions of Codles of Fair Comnpetition which
may from timie to timne be prlescribedl by the Admninistrantor.
SECTION 10. No employer subject to this Code shall dismiss or
demote any employee for making a comla~lint or giving evidence
withl respect to an alleged violation of the provisions of this Code.

AuRICLE VI--OOdNoZzrrToN, POWlERS AND DUTIES OF THE CODZE
AerIourrTY

SECTION 1. A Code Authority is herebyv established to administer
and facilitate thle enforcement of this Cod~je.
SECTION 2. (a) During the period not to exceed thirty (30) days
following thne approval of the Codle, the Board of Dir~ectors of the,
Association shall constitute a temporary Code Authority and the
Administrator may, at his discretion, a~ppoinlt froml one(1 to three
(3) additional members, without vote.
(b) WTithin said thirty (30) dany period the per~manent Code
Authority shall be elected and organized at a meeting called by Tem-
porary Code Authority, of which all known mlemberss of thle Industry
shall be advised by notices mailed at least fifteen (15) days in
advance of said meeting.
The permanent Code Authority shall consist of three (3) mem-
bers of the Associat~ion, who shall be elected by the mem~er~s thnereofl
one (1) member of the Industry, who shall be elected by t.hne non-
association members of the Industry, provided such representation is








desired. T~he Administrator may, at his discretion, appoint from
one (1)to three (3) additional membersr, without vote.
(c action at any Indust~ry meeting for the election of Code
Aeuthority- shall be by majority vote of the m~embe~rs of t~he Industry
entitled to vote as hereinafter prov-ided, who are present in person
or by proxy duly execu~ted and filed w~ith Code Authorityr, each such
member to have one v~ote. Action for I1 a tl~l or pulrnposes includilng
the adoption of Code revision, amendments or supplements, shall be
by majorityI vote of eligible members of the Industryr either in per-
son, by mail or by proxy.
SECTION 3. I~n order that the Codle Authority shall at all times
be truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administra~tor mypo ve suc
hearings as he may deem proper; and thereafter ifa he. shall findpr\iesc
that the Code Authority is not truly representative or does not in
other respects comply with the provilsions of the Act, mayI require
an appropriate modification in the method of selection of the Code
Authority.
SECTION 4. If the Administrator shall dlet~ermine that, any' action
of the Code Authority or any agency thereof may be unfair or un-
just or conttrary to the public interest, the Administ1ato~r mlay re-
quire that such action be suspended to afford an opportunity for in-
vestigation of the merits of such action and further consideration by
such Code Authority or agency pending final action which shall
not be effecctive unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) day~s' notice to him of intention
to proceed with such action in its original or modified form.
SECTION 5. 1. It being found nece~ssary in order to support the
administratioon of this Code and to maintain the standards of fair
competition established hereunder andi to effectuate thle policy of the
Act, the Code Authority is authorized :
(a) To incur such reasonable obligantions as are nece~ssry and
proper for the foregoing purposes, andn to meet such obligations out
of funds which may be raised as :hereinnfter provided anld which
shall be held in trust for thne purposes of the Code:
(b) To submit to the Ardmninistrator for his approval, subject to
such notice and opportunity to be heard as he mnay deem necessary
(1) an itemized budget of its estimated expenses f~or t~he foregoing
purposes, and (2) an equitable basis upon wFhich the funds necessary
to support such budget shall be c~ontributedl by members of the
Industry ;
(c) Ac~fter such budget and basis o~f contribution have been ap-
proved by the Admninistrator, to determine and obtain equitable
contribution as above set forth by all mnember~s of the Industryl and
to that end, if necessary, to institute legal proceedlings therefore mn its
own name.
2. Each member of the Industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, and subject to rules and regula-
tions pert ni ni ngr thereto issued by the Ad min ist ra~tor. Only members
of the ICndustry complying with the Codle and contributing to the
Expenses of its administration as her~eina7bove provided, unless duly
exempted from making such, contributions, shall be entitled to par-







ticipate in the selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to make use
of any emblem or insigrnia- of the National Recovery Administration.
3. The Code Authority shall neither incur nor pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget, and shall in no event exceed thle total amount
contained in the approved budget except upon approval of the Ad-
ministrator; and no subsequent budget shall contain any deficiency
item for expenditures in excess of prior budget estimates except thous
which the Administrator shall have so appr~oved.
SCECTION 6., In addition to information required to be submitted to
the Code Aiuthority1, members of the Industry subject to this Code
shall furnish such statistical information as the Administrator may
deem necessary for th~e purposes recited in Section 3 (a) of the Act
to such Fedleral and State agencies as he may designate; provided
that nothing in this Code shall relieve any member of the Industry
of any exristmng obligations to furnish reports to any Governmnent
agency.
ARTICLE V~II--OPEN PRICE
SECTION 1. Each member of the Industry shall file with a confi-
dential and disinterested agent of the Code Aluthority or, if nore
then withl such an agent designated by the Adlministrator, identify
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this article referred to as
price terms ", wFhich lists shall completely andl accurately conform
to and represent the individual pricing practices of said member.
Such lists slyall contain the price terms for all such standard prod-
ucts of the mdtustry as are sold or o~ffer~ed for sale by said member
and for such non-standasrd products of said mlember as shall be
designated by thle Code Aluthority. Said price terms shall in the
first instance be Siled within thirty day1!s after the date of approval
of this provision. Price termns and revised price. terms shall he-
come effective immediately upon Irceipt thereof by said agent. Imn-
mediately upon receipt thereof, said agent shall by telegraph or
other eqlunlly prompt meanns niotify. said member of the timne of such
receipt. Such lists and revisions, tog~ethler writh the effective time
thereof, shall upon receipt b-e immnedliately andt simultaneously dis-
tribut~ed to all members of the indlustryS and to all their customers
who have applied thelrefor and have orfflered to defray the cost
actually incurred~ by the Cod~e Authority in the preparation and
distribution thereof' and b~e av-ailable for inspection by any of their
customers at the otlices of such agent. Said lists or revisions or any
part thereof shall not be mande available to alny person until released
to all members of the Indlustry andl their customers as aforesaid
provided, that prices filedl in the first instance shall not be released
until the expiration of the aforesaid thirty dlay period after the
approval of this Codle. The Codle Authority shall maintain a per-
mianent file of all price terms filed as her~ein provided, and shall not
destroy anly part of such records except upon w-ritten, consent of the
Administrator. Upo~n reqluest the C~ode Authoritry shall furnish
to the Adlministrator or any dluly dlesigna~ted age~nt of the Adm~inis-
trator copies of any such lists or revisiions of price term~s.








SECTION 2. When any member of the Industry has filed any revi-
sion, such member shall not ~file a higher price within forty-eight
(48) hours.
SECTION 3. No member of the Industry shall sell or offer to sell
any products of the Industry, for which price termls have been filed
pursuant to the prov'isions of this Article, except in accordance with
such price terms.
SECTION 4. NO member of Industry shall enter into any agreement,
understandingg, combination or conspiracy to fix or maintain price
terms, nor cause or attempt to cause any member of the Industry to
change his price terms by the use of intimidation, coercionoan
other influence inconsistent with. the maintenance of thefree ando n
open market which it is the purpose of this Ar~ticle to create.
AqRTICLE ITII[--RADE PRACTICES

It shall be an unfair method of competition and a violation of
t~his Code for any- me~mber of theA Indult~ry to engange in any of the
following practices:
SECTION 1. TO all0W Ilore than one (1%) percent off for cash in
ten (10) days from date of shipment; nor more than 30 days net;
provided that machines for resale or rental purposes listing for not
to exceed $7;5.00, may be discounted for eash 10th proximo. It is
further provided, that terms not exceeding four (4) months net may
be made to charitable and nlonttaxpaying institutions, schools, hos-
pitals, and religious institutions.
SECTION 2. T0 manufacture any machine without putting on a
serial number, and an idlentification mark;, or mlarkis, sufficient t~o
properly identify the date and origin of manufacture.
SECTION 3. To obtliterate, remiove, damage, destroy, or tamper with
or alter in any manner any identification marks in any manner
whatsoever on any of the products of t.hle Industry, including manu-
SctureriCoN 4.Tclassisowrify or sell at reduced price any machinery
and/or equipment as demonstrating machinery and /or dlemonstrat-
ing equipment unless that member of thle indutl!try notifies thle Code
Authority on the date he placed such machinery and/lor equipment
in demonstrating service with all the identification mnarks appearing
on such machinery and/or equipment, andl keeps same in demonst~rat-
ing service for one hundred eighty (180) dlays before he. sells such
machinery and/or equipment.
SECTION 5. To allow on deferred payment for machinery and/'or
equipment listing not to exceed seventy-five ($75.00) dollars, terms
of less than 10%o down payment; and machinery and equipment list-
ing for more than seventy-five ($75.00) dlolla rs, terms of less than
twenty-five percent (25%r) down payment and a period of pa.ym~ent
longer thanl twelve (12) mnronths on the balance or to allow said
balance to be paid on ls favorable terms to purchaser than on
equal monthly Installments plus not more than legal rate of interest
and carry~ingr charge added to such partial paym"ent~s.
SECTIN. 6. Trhat any member of the Indust~ry shall require the
purchase or lease of any goods as a prerequisite to the purchase or
lease of anly other goods.








SECTION 7. To engage in fictitious or blind bidding for thle pur-
pose. of d~ceiving competitors or purchasers, or attempt through
connivance to have all bids rejected, to the end that a more advann-
tageous position may2S be secured br siuch member in new bidding.
SECTION 8. TO U1SUlrp deSign, styles, or patterns originated by a
competitor and appropriate t~heml for onie's ow8pn use within five (5)
years after such origination. This section does not affect a member's
rights under the patent and trade-mark laws.
SECEON g. TO imitate the trade marks, trade names, or other
marks of identification of competitorss, having the ~tenldency or
capacity to mislead o~r deceive purchasers or ~r~os~ective purchasers.
Thlis section d~oes not affect a fnmber's rights Ilmder the patent and
trade-mark laws.
SECTION 10. To issule false invoices or other documents covering
sales in which the prices, terms, discounts, allowances, or other facts
r~elatinga to the transaction are in any manner falsely stated.
SECTIO)N 11. TO discriminate, in prices between pur~chasers of t~he
samne class under similar conditions except for di~fferences3 in the
gradq"Nc-e, quatlity or quaontit~y purchased.
SECION12.To agree to conditions or terms of sale, or making
promises of any nature which manifestly cannot, be fulflled.
SrEnowO 13. To qulote a total price on any schedule of supplies and
machinery which does not show unit prices and making any addi-
tion or deduct~ion on any other basis than the unit price shown.
rSECTIO)N 14. tCom/rser~cial Bribery.--No member of the Industry
shall give, permit to be given or directly or indirectly, offer t.o give
any~thingr of value for the purpose of influencing or rewarding the
action of anny employee~, agent, or replresenntatie of another in rela-
tion to thle business of the employer of such employee, the principal
of such agent or the represented party w~ithoult thbe knowledgae of
such employer, principal or party. Commercial bribery p~rovisions
shall not. beo construed to pr1ohibit free and general dli tribut~ion of
particles c~onunonly used for advertising except so far as such articles
ar~e actually used for commercial bribery as hereinabove definedl.
SECTION 15. To detfamne c~mpet~itor~s by falsely imp~ut.ing to them
dlishonor~able conduct, inability to perform contracts, questionable
credit ~starllndin, or by other misrepr~esentations with the tenderncy or
cap~acity to mislead andlr deceive purchasers or prospective purchasers.
SCEen~o, 16. To offer or mak) e any paymnt'nn or allowance of a r~ebate,
refund-, co~mmissin,, credcit, umearned~ discount or excess allowance,
w~hether in the form of molcneya or otherwise, for the purp~lose of in~flu-
encing a sale, nor shall any member extend to any customer any
special service or privilege not extended to all customers of thle samce
class.
SECTION 17. Trade-in, A377owances.-W~thitin thirty (30) days from.
th~e effective date of this Code. each member of the InduIstryr shall1 file
withl thle C'ode Auth~ority a schedule of his trade.-in allowances on
machines of his own manufacture which shall establish~ the maximum
tr~ade-in allowasnces of such machines. Such schedules may be re-
vlisedl from timne to timle by filing same with the Code .Aut~horityS.
The Code Auth~ority shall ad vise all members of the Industry of these
prices, which prices shall become effective immediately upon filingo.








It shall be unfair trade practice for any member of the Industry to
mrakec any trade-in allowance in excess of these prices.
AnticLE IXI~--CosTs aNn PRICE CUTTINGO

SECTION 1. 1118 Standards of fair competition for the industry with
reference to pricing practices are decla red to be as follows:
(a) WCilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industry or of
any other Indust~ry or the customers of either may at any time
complain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the imlpairmnent of code wages and
wrporking conditions. TChe C~ode Aut.hority shall within five (5) days
afford an opportunity to the member ~filinga thle price to answer such
complaint and shall within fourteen (14) days make a ruling or
alj ustmient thereon. If suchr ruling is not concurred in by either
party to the complaint, all papers shal be referred to the Research
and Planning Division of NRA which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emlergencS exists as to any given product,
there is to be no fixed minimum basis for prices. It is intendedi that
sound cost estimating methods should be used and that consideration
should be given to costs in1 the determination of pricing policies.
(c) W~hen an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of Sect~ion 2
hereof, is forbidden.
SEC~TION. 2. Emzergency Pr70Wision8.-(a) If the Administrator,
after investigation shall at any time find bot.h (1) that an emergency
has arisen wPithin the Industry adversely affecting small enterprises
or wages or labor conditions, or tendingr toward monopoly or other
acute conditions which. tend to defeat the purposes of the Act; and
(2) that the determiination of the stated minimum price for a speci-
fled product wPithin the Industry for a limited period is necessary
to mitigate the conditions constituting such emergency and to effec-
tuate the purposes of the Act, the Code Authlority mnay cause an
impartial agency to investigate costs and to recommend to the Ad-
ministrator a determination of the stated minimum price of the
product affected byV the emergency and thereupon the Admlinistrator
may proceed to determine such. stated minimumn price.
~(b) When the Administrator shall have determined such stated
mlnlmumn price for a specified product for a stated period, which
price shall be reasonable _calculatedl to mitigate the conditions of
such emergency and to effectuate the purposes of thle National Indus-
trial R~ecovery Act, he shall pulblish such price. Thereafter, during
such stated period, no memnber of the Indlust ry shall sell such specified
products at a net realized price below said stated minimum price
and anyr such sale shall be deemed destructive price cutting. From
time to time, the Code AuthorityS may recommend review or recon-
sideration or the Administrator may cause any determinations here-
under to be reviewed or reconsidered and appropriate action taken.
SECTION 3. C7086 F~inding.--The Code Authority shall cause to be
formulated me~Cthods of cost finding and accounting capable of use by





all membherss of the Industry, and shall submit such methods to the
Administrator for review. If approved by the Administrator, full
information concerning such methods shall be made available to all
members of the Industry. Thereafter, each member of t~he Indus-
try' shall utilize such methods to the extent found practicable. Noth-
ing herein contained shall be construedl to, permit the Code Authority,
any agent thereof, or any- member of the Industry to suggest uniform
additions, percentages or difterentials o~r other uniform items of
cost which are designed t~o bring about. arbitrary uniformity of costs
or prices.
ARTICLE X EXPORT TILIDE

No provisions of this Codle relating to prices or terms of selling,
shipping or marketing, shanll apply to export trande.
ARTICLE SI -310DIFICATIOiN

SECTION- 1. This Code and all th~e provisions thereof are expressly
made subject to the right of the President, in necocrdance with the
provisions of subsection (b) of Section 10) of th~e ALct, from time to
time to cancel or modifyv any order, approval, license, rule, or regu-
lation issued under Title I of saidc- Act andt specifically but without
limitation, to the right of th~e Presidlent to cancel or modify his
approval of this Code or any conditions imposed by himi upon his
approval thereof.
SECTION 2. This Code, except as to provisions required by the: Act,
may be modified on the basis of exp-erieince or changes in circuim-
stances, such modtifications toi be balsed: up~on application to the Ad-
ministrator andc such notice andl hearing as h1e shall specify, and to
become effective on approval1 of the Pr~esident.

ARTICLE XTII-OTH~ER INDUS9TRIES

If any emnployver in this Industry is also an employer in any other
Indlustry, the pr'ov~isions~ of this Co~de shall apply to andl allect only
that part of the business of such employer which is a part of the
Industry covered by~ this Code.

ARTICLE11 '1-AONOPOLIES

No provision of this Code shall be so applied as to permit mnonopo-
lies or monopolistic practices, or to eliminate, oppress or discr~iminate
against small enterpr~ises.
ARTICLE SIV--FRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wrages, 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.




UldIVERSITY OF FLORIDA


42 3 1262 08850 5101

ARTICLE X V--EFFEcTI\r DATE

Thiis Code shall become effective ten (10) days after its approval
by the President. ;
Approved C'ode No. .526. i
Registry No. 1394-ti6.
O