NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
For esle by the Superintendent of Documents. WVashington, D.C. Price 5 cents
Approved Code No. 290
Registry No. 407--09
WE DO OUR PART
UNI V. OpFL-L1I.~
DoU.S. DEPO'T Y
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
AS APPROVED ON FEBRUARY 17, 1934
This publication is for sale by. the Superintendent of D~ocuments, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commeree.
D)ISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
B3irmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custonslhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
('hicons'I. Ill.: Suite 17i06, 201 North WeVtlls Stre~et.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First cNationall Bank Buildi~ng.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce B3uilding.
Jacksonville, Fla.: Chamber of Comme~c~e Building.
KEiansas City, Mo.: 1028 Baltimore ABvenue.
Los Angeles, Calif.: 1163 South Broadway.
L~ouisville, K~y.: 408 F~ederal Building.
Memphis, Tenn1.: 229 Federal Building.
Mlinneapolis, Minn.: 213 Federal Building.
Ne~w Orleans, La.: Room 225-A, Customhouse.
Newe7 York, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 E~ast Plumae Street.
Phliladelphl~iu. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 N(ew P~ost Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Sieattle, Wash.: Sto! Federllc~ Office BSuildinlg.
Approved Code No. 297
CODE OF FAIR COM[PIET'ITIION
]PHEOTOGRAPH~IC MO(UNTL INDUSTRY
As Aplprovred on Februxary 17, 1934
APrenonsa; C CODE OF IiAIR COMPrETITIOlN FOR THE PHOTIOGRAPHIIC nrOUNT
ALn app~lie~ntio~n hnaving~ beenr duly mratle pu~lrsentt to and inr full
comlpliance wifth th~e provisiolls of T~itle I of the National Industrial
Recovery Act, approv,\ed June 16, 1933, for approval of a Cod-e of
Fair Competition for the Photographic Mocunlt Indcustry3, and he~ar-
ings having been duly heldl ther1eon and the alnnexed. report on said
Co(de, c~ol~ntiningfi nd~ing s wVithl respect thereto, having been made
and dlirec~ted to thle President:
NOWI, THEREFORE, on behalf of the President of the Unitedl
States, I, HE~ugh S. Johnson~)1, A~dmlini.s~tr'ator for Industrflial Recovery,
pur'sunnt to authority vested in me by Executive Ordersl of the
1Presidlent, including Exsecutive Order No. 6543-A_ daltedl December
30.1 1933, andi othlerw-ise; do hereby incorporate by referenclie said
annexedl report and do find that said Code comliplies in all r~e-ypcts
with the pertinent pr1ovisio-ns and will promnot- e the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fairu~ Competition be and it is hereby approved; provided, howr-
ever, thlat th~e provisions of Article VCI[, Sections 2 to 9 inclusive,
.insofar as they p~rescribe a awaiting period between the filing with
the Codle Au~lthfority (i.e. actual r~ec~eipt by the Code Authority) and
th~e efftc~t ive late of revised price lists or revised termls and condi-
tios o sae e ad teyare hereby stayed pending mly further
order; provide ad futher Itha within. ninety days I may dir~ect that
t her~e be a further hearing on such of the provisions of said Code
ns I mayn~ designlate. and that any order which I may make afterl
sucrh hearing shall have the ~ffecct of a condition on the approval of
sa id- Codle.
HoonH S. J~ou xsa x,
Adm~inistratfor for Indiustrial Recovery.
GEO. L. BERRY,
Febl~ruary 17, 1934.
41088*-8-76-102---34 ( gy)
R3EPOIRT TO THE PRESIDENT
The White House.
SmR: This is a r~epor~t of the hearing on thet Code of Fair Com-
petitionl for the Photographic Moc.unt IndustryT, conducted in Wa'sh-
ington on Octobe~r 24, 1933, in accordanie with the p~ovisions of
Title I of the National Industr~ial RecoveryJ Ac~.
HUElRS AND WAGES
This Code provides a 40 hour weerk for facrtory workers w-ith a
weekly tolerlan-ce of eight hours t~o be paid for as overtime~. Thle
usual receptions are ~adle. in regard to nonproductive emplloyees.
Off~ice employees are limited to an average of 40 hours per wrFeek over
anl eighlt wGeek( period.
The mlinimlumn wage rante for houll~~Ir~ly id employees is 400 per
hour for males and 35C per hour for femleslll. Otti:e emlployees will
receive a minimum wagej of $15.00 per wTeek.
OPEN PRICE PLAN
An open price plan of selling is provided, and selling belowv cost.,
except to meet competition, is pro-hibited.
Provisionll is made for furlnish~ing th~e Acdministrator w-ithl such
statistical dataf as he may require.
ECONOMIC EFFECT OF THEF iCllE
The Industry employed in 1929 appr~oximatly.l1,000 persons, and
in 19133~, 65.3 persons. From March 193~3 to September 198,-:3 th~e num-
ber of woc-rkllr1s incrleased 100 This reflects in part, the effects of the
President's Reenlplaymnt~l P~rogelnm and in part a rise in produe-
tion. To dec~rease the Ihed~ule of working hours uffic~iently to
attain the 1929 total of employ3ees, w~ouldl incrlencie the cost of piro-
duction to such atn extent as to enafnnger the existence of the I~ndus-
try by driving its products from thie market. Ilt would, in addition,
hav~e a disrupting effect upon labor in the localities where the plants
of this Indn t ry3 are located.
The~ total inl1crase in payrolls as a, retsullt of thfe Code will be 11
or 12 ..
The Deplutly Adinis ~~tratr in his final re~polt. to mne on saidl Code
having foundll as hereinl set forth, and on the basis of all the
p'''tceedi ngs~ in this matter;
I find that:
(a) Saidl Codle is well dlesigined- to promote the policies and pur-
poses of Title I of the N;ational IndusItrid~l Re~cov\ery Act, including
removanl of olbstructions to the free flow of :inter~state and foreign
commnlerce wrhic~h tend to diminish~ the nin~ounlt thereof and will pro-
vide for the general welfare by promot~l~ing~ the orlganlizationl of in-
dustry? for the p~urplose of cooperative action. among the trad(:e gr~oup~s,
by indlucingr and mallintaliningc united action of labor and malnagne-
me~nt unde1nltcr l aqute gov,\ernmenntnl sanclt ionls and ,uperis\~ion~, by
elimninating unfanir compe:c~tit~:11ntieprctices by promoting the fullest
possible utilizationi of the pr~esent productive capal~city of ind~u tries,
by n void ing undue res~t rict ion of production exceptt as may be
temlporarlily required),~ by increasingly the consumption of industrial
alllnd agicult rllal products thl~:rough in1realsing~ purchasingillb power, b
reducing~ and relieving unemployment, by imnprov\ing~ standards o
lab~or, andt by otherwise rehabilitating industry.
(b) Said ~Indus1try3 normally employs not more thian. 50,000 emn-
playees; and is not c~lassifiedl by me as a major industry.
(c) The Code as approved romp~lies. c in. all I'.jresets with the perti-
nent pr1ovi ions~ of sa~id' Title of said Act, includlingr~ without limita-
tionl Subt~sectio~n (a) of Section 3, Subsiection (a) of Section 7, anld
Subselction (b) of Secctio-n 10 thleretof ; and thant the applicant asso-
cintio~n is an industrial assoelcintion truly repr~esetaltrtive of the afore-
said industry; arid that said associations, imposes no inequitablle
r'estrictionlS onl admiission to uiemiberhip~~i theremn.
(d ) The Code is Inot designed to and will not permit monopolies
or monopolistic pranctices.
(e) The Code is not de-ignedl to and will not eliminate or oppress
small enterpr~ises and will not operate to dliscrliminate8 against theml.
(f) Those engaged in other steps of the economic process have
not beenl deprived of the right to be heard prior to approval of said
For these reasons this Code has been approv\edl.
HUGon S. JOHNSON1
FEBRRARY 717 }1084,
CODE OF FAIR COMZPETI~TION FOR. THE PHIOTO-
G;RAPHIC MI1OUNTII INDUTSTRY
To effectuate the policies of Tit~le I of thle N~ational Industrial
Recovery Act, the following is h~ereby established as a Code of Fair
C'om~ettiton for the abrove :named Indnutry andl shall be binding
onl every :member thereof.
ARTICLE I[- -EFINITIONS
The followings words azre~ ued in. this Code wit thze meannin
hec~rei set forth:
"; Industry ""-The manufacture of, or processing of, mounts for
photogttraphs maode from paper, c~ardboar~d, or others mater~ials? or
comlbinations of thiem.
"' Membelt r "-A-i natural person,, partnership. corporation, associa-
tion, tr-ust, trustee, trustee in bank~rup~tcy, receiver, or other form of
enterprise, engaged in such IndustryJ.
"Act~t "-Title I. of the Nationa l Industrioal Recov~eryS Ancit.
"A;dministrator" "The. Admlinistrator for Industrial Recoveryr
undrcl Title I in the A~ct.
AlarcueZ~I~ IIOnwszxIox -an AnaSIsuRnowO
1. The membeiilrs of th Execultive C'onunlittee of the National
Pho~tographcic- Mlounlt, Manufacturers Asscciation, togethter with
suceh other person or persons, not to t~rlexcee three in number, as the
Admini-t 1tratr may designlate. ar ]E'elJ herebyoStitut~ed the Codce Au-
thlority of the Indu~stry. The rlcmemers~ olf the Codle A~uthlority desig-
nated by the Admlninistrator shall have no vote and shall serve
without rr~!lcm pensat in from thne Industry.
2. The said Association shall impose no inequitabl~e rest~ric~tionls on
membership atnd shall file with the A~dministrator certified copies of
any ametndments of its ByV-Lawrs, renting to eligibility or admlissionl
to membership mn said Association, or rerlatine to the methlod of
selection of the mlemubers of such ]Executive Conunllittee which said
Association may thereafter adopt.
3. The Ath ini tr ali~~;tor may at any time prescribe a dli ffer~ent met~hod~
for silich-ting the Industry member I~ls of the Code Authority, andi t here-
after, suceh mem~lbers shall be chosen in the manner so prescribed.l
4. The Code11 Authority is chargedt~~ generally with thle duty~ of adr-
ministeringr this Code. If the AdmllinIsjtratorI shall determine thalt.
any action of the Code Authority, or any ngenlcy thereof, many be
unfair or unjust or contrary to th~e public interest, the Ad~minist lrator
nuty1! require that such action be suspended to afford an oppor~tunity
for inve tirration of the merits of such action. and further considern~-1
tion byr the~ Code Author~ity or ago~ney pending final nation which
shall no0t be effective unless the Adtministrator apprlov'es or unless
he shall fail to disapprove after thirty (80)O) days notice to hlim of
intention to proceed with such action in its orgnIo odfe om
5. The: expenses of admninisterinlgr this Cd hlnl be bornei~ pro
rata, m accordanlce with a formula to be adopted by the Code Au-
thority, by all members of such IndcustryS who accept the benlefit, of
the services of the Code Author~ity or othlernise assent to this Code.
6. The Code Authority sha~ll have- powerj to inv\estigante alleged
violations of this Code and acts or courses of condfuct by any
members which are or appear to be contrary to the policy of the
Act or which. tend or may tend to render~l inecffecctive this Gode and
to report the samne with rec~onunllendat~tions to the _Admlinistrator.
r. The Code Authority is hereby conltitultedt the a~gencly to en-
dleavor to effect, by arbitral proceedings or otherwise, adljus~tmentsl
of contr~acts enteredc~ into by members of the Industry, where the
costs of executing such contra~c~ts are incre~aed through- the a~ppli-
ention of Ithe provisions of the Ailct or of this Code.
8. The Code Autlhority shall establish a Credit Bureau for the
purpose of exchange ngin credit, informatinntc among the memberspl of
the Indu~stry. _All members of thne Industry shall, within thirty
(30) days after the effective date of this Code and froml time to
time thereafter at such intervalls as the Code Authority shall pr'e-
scr~ibe, fur~nish to the Code Authority a descr~ip~tion of each credit
account wh~ic~h ha~s been delinquent for a period of not less than sixty
days, and shall continue to furnish to the Code Authnority suc(h
information related to such account or accounts as the Code Author-
ityl may prescribe.
9. Nothing contained in this Code shall constitute the members of
the Clode Authoritry pal~rter~s for any purpose. Nor shall any mlem-
ber of the Code Authzorit~y be liable in any manner to anyone for
any act of any other member, o~ffic~er, agent or employee of the Code
Authority. Nor shall any memberti l of the Code Authority, exrercising
reasonable diligence in the conduct of his duties hereunderbe liabl
to any3onle for any action or omission to act under this Code,b liexcep~t
for his owTn willful mis-feasance or non-feasanle.
ARTICLE III -Houns or LABOR
1., Em~ployees in the Industry shall not be Itrequir~ed or perm"ittedl
to work hours in excess~ of the limits prescribed in the following
SCHEDULE OF WORKING H-OURS
(a) Watchmnen: F~ifty-six (56) hours in any one week, but not
more th~an six (6) days in any seven (7) day period; or fifty-six (56)
hlour~s in any onre week, but not more than eight (8) hours in any
(b) CaThau ffeu rs, truckdrivers, and their helpers: One hundred
eightyv (180) hours in any period of four (4) consecutive wereksj,
provided, howeer, that timte wor~ked- in excess of nine (9) hours in
anzy one day' or forty-five (45) hours in anly olne wneek shall be paid
for as not less than time and one-third.
(c) En gi neers, firemlen, electricians: One hundred and sixty-eight
(168) hours in anyr pe>riodl of four (4) consecutive weeks, provided~,
however, that time worked in excess of nine (9) hours in1 any one
day or forty-five (45) hours in any one week shall be paid for as
niot less than time and one-third.
(d) All other laborers, mechanical workers or artisans employed
in any plant, mill, or factory or on work~ connected with the operation
of such phant, miill, or factory: Egt(8) hours in any one day and
forty (40) hours in. any onle weprovided, however, that these
maximum limits may be exceeded for any reason at any time pro-
vided that all time worked in excess of thne maximum prescribed
shall be paid for as not less than timne and one-third, and provided
furtler, that no employee shall be required or p~ermnitted to workl in
excess of ten (10) hours in, anyj one day or forty-eight (48) hours in
anly one week~.
(e) Empllloyees regularly engaagred in a managezrial or exrecutivle
capa'city and their personal secreta-ries, foremnen and supervisors,
receiving thirty-five dollars ($:35.00)i or more per week, and outside
salesmen : No limitation.
(f ) All other emp~loyees: Forty-eight (48) hours in any one week
but not to ex.eedt three hundrtlled twen!ty (:320) hours inl anyT period of
.Nolimitation co~ntaine~d in. said schedule shall apply to em-
p'loy~ees of any class when engaged in emlergrencyr~ repairs or emuer-
gency maintenance w-ork occas~ioned byT breakdowrns or involvinga
prIotection of life or property, provided, however, that all time
workl~led in exscessi of the limitation prescribed in said schedule shall
be palid for as not less than. time and one-thiird.
3. N'o employer shall knowingly perm-it any emplloy~e to work for
anyT time which, when totaled with. thnat already performed with an-
other employer or emrployers in this Industry, ecreed~s the mnxnimumn
1. The mlinimumlll rate of wage of any laborer, mechanical worker
or rtl'isan~ll employed in anyr plant, mill or factorly or on work conl-
nected writhl the operation of any suchl plalnt, mill or factory shall be
Ma~l1, labor, 40 cents per hour.
Fiemnale labor, 35i cents per hour.
2. T~he minimumlll ratefs of wages for all other employees shall be
(a) $15.00 per week~l.
(b) ]Part-timle employees covered b~y the provisions of this Section
shall be panit at the rate of not less than 371/2$ per hOUr.
3. This Article es~tablishes a minimum rate of pay7 which shall
apply ilrrespec''tive of whether an employee is actually comnpensatedl
on time-rate, piece-work, or other basls.
4:. Female empnloyeess 1.peforlu'linc sub~sttlfially th~e samne w~ork as
male employees, shall' receive thhe sam~e rate of pay as male employees.
The Code ~Authority shall within ninety (90) days after the effec-
tive diate of this Codle file with the Admi-nisl~tr~ator a description of
all occupationrs in the Industr~fly in which both me~n and women are
5. The wage rates of all temlployees receiving mlore than1 the minim-
mum rates herein prescr~ibed shall be reviewed and such adjustments,
if any, made therein as are equitable in the ighlt of all the cir~cumu-
stances, and within sixty (60) days after the etfective date hereof,
the Code Authtority shnUl report to the A1Idm~inist~rator the action
taken liy all members of the Indujt~ry under this Section.
6. Office boys and girls under 18 years of agbre, to the extent of no
more than 5% of the total number of employees described in Sec-
tron 2 her~eof, may be employed t waeof not less than 80%
of te mnimm prscrbedby said Section, p~rovidedl that at least
one such office boy or girl may be emiployedlc by each memlber.
7. A person whose earning c~apacity is limitedi because of ageC or
physical or mental ha~ndicap may be employed~ on light work at a
w\age of not less than 80%0 of the minimum prescribe~c d by this Codte,
provided the State Autthorit Laor mother agen designed by cetcthe
United Stat~es Department ofLbrsalhv sudaceriit
authorizing his employment on such basis. Ec ebrsalfl
with the Code Authority a list of all such pe-rsons employed by him.
The~prov'ision of this Section requiring a certificate of author~ity shall
not become effective until sixty days after the effective date of this
ARTICLE V- E;ENERAL LABOR ]PnovisiTons
1. No pers-on under sis-teen (16) years of age shall be employed
in the Industry. No person under eighteen (18) years of age shall
be employd at operations or occupations which are hazar~douas in
nature or dangerous to h~ealth. The Code Authority shall submit to
the Administratfor within sixty (60) days after the effective date of
this Cod~e a list of: such operations or occupations. In any State an
employer shall be dleemedl to havre complied with this provision as to
age if he shall have on file a c~ertificate or permit dluly signed by th
authority in such State empowerred to issue employment or age
certificAtes or permits, showing that the emplo~rye~e is of the Icreqired
2. Employees shall have the right to organnize and bargain collec-
tivrely through representatives of their owsc7n choosing, and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such1 representatives or
in self-orga n in t ion or in other concert ed- activities for the purpose
of collective bargaining or other mutual aid or protection. No emn-
ploy~ee and~ no one seeking employment shall be required~ as a con-
d~ition of employment to join any company umaon or to refrain from
joining, organnizing, or assisting a labor organization of h~is owBn
choosing. Emnploycrs~ shall comply with the maximum hours of
labor, mninimulm rate~s of pay, and other c~ndlitions of employment,
a-pp''roed~ or prescribed by the Pr~esid~ent.
3. No prorvlisionr in this Code shall supersed~ie any S~tate or Fed:-
eral law which imposes on employers more stringent requliremepnts as
to age of employees, wages, ho~urs orf workr, or as to sa~fety, health,
.sanitary or general wolrkingr co~nditions or inisurance or fire) protec-
tion, than are imposed by this Codte.
4. No employer shall reclassify employees or duties of occupa~tions
performed or engage in any other subterfuge for the purpose of de-
feating the purposes or provisions of the Act or of this Code.
5. All employers shall post copies of Article III, IV, and V of this
Code in conspicuoius; places accessible to employees.
6?. Ever1y emnployer shall mlake reasonable provisions for thle safety
and health of his employees at thne place and during thie hours of
their emp~loymient. Standards for safety and health shall be sub-
mittedl by th~e Code Authorit~y to the Admlinistratorr within six (6)
molrnthsi after the effective dlate of this Code.
7. The Code Aulthocrity shall make a study of conditions in the
Industry to determined? the fealsibility of the adoption of a sh~orter
working week, and shall, within three (3) months after thle effective.
date of this Code, make a report of its findings to thle AidminisJtrator.
Tle: Code Authority shall also submnit tio the Administr~ato r ithin
sixr (6) mon~lths after the effective date of this Code, a plan for the
stabilizaitioni and regu~~lar~znizatio of employmentt.
8. The marnulfacture or partial mnanulflc~ture~ of anly product of the
Industry in. homes shall be prohlibitedl.
ARTICLE VI-A c'oI nS??X ;-SELLING
1. Th~e Codl ~A~uthnorityT shall, as soonl as pr1ne~tienble, formlulate a,
standard method of aIc~cou nt i n and c~ost i n for the I~ndust ry\ and sub-
mit the same to the Administrator. When it shall hafve been ap-
prLoved' by thle Administrator, every member shall use an necountingr
and costingr sysStemr which con~lforls to the principles of, andl is at
least as deb~iled and c~omlel~tte as, such standard mlet~odl.
2. The Code Authority may froml time~ to tim~e dletermnine that anl
open price plan of selling such product or products of t.he Indlustr~y
as it shall specify shall be put into effect. on such date as it, shalll fix.
Notice of such determination shall be announced to all knlown memu-
bers of the Industry ~who manufacture such products not less than
thirty (30) days prior to thie date so fixed.
3. A~t least, tenl days prior to sulch date, every such mlembe~tr sh1all
file with the Code Ahuthnorit~y a schedule of pr1ic~esi and terms of sale
for all such produc~t s or, in the alternative, shall be detnemed t~o hlave
filed a ~chellclle conforming in respect, to price and terms of sale
with the schedule at any time on file which, states the low\es~t price
and the most favoc-rab~le terms.
4. _All such schedules shall be~ in sulch form as the Code Authlority
shall prescribe and shall contain all information necessary to permit
any interested person to determine the exact net price per unit after
all dliPSCountf or other deductions have been made. All suchl original
bc.hedulles shall b~ecomeI11 effective on the date fixed by the Code
Authority as provided in Section 2 thereof.
5. A revised schedule or schedules, or a new schedule or schedules,
or a notice of withdrawal of a schedule previously filed, may be 61edZ
by a member w~t~ ith the Code Authority at any time, providled however,
'that, anyy mlem~ber who withdraw~s a, schedule wCithout subst8itutinga a
new schedule therefore shall be d7eemled to have ~filed a schedule con-
formingp in. respect to price a~nd terms of sale~ with the schedule at
any time thereafter on file which states the lowest price a~nd thle most.
favorable terms. Anly schedule or notice: filed hlereundcer shall be-
c.omel effective: seven (7) days after the date of filing, provid-ed, howf-
ever, that an inllensedl price mnay become effective at such~ earlier
ate~t as the1 member filling the same shall fix.
6. Th~e Codt'e Authority uponl written request shall promlptly sup-
ply all nlmember of the Industry wcho manulrfacture any particular
pfroudu wfith copies of all schedules, Ireised schedulles, and notices ofe
w-ithdrawal, which pertain to suc~h product. ImmlediatelyT~ upon
receipt of information relative to the w~ith~drawral of a price for any
product, any member m~ay fi notice of wfithdlrawal of his own price
for the same prodluc effective as of the same da~te as~ the notice of
writhdrawal~ of such other member. 'Immlediately on receipt of infor-
maltion that a scheduled then on file has been rev-ised, or that a new
schedule hlas been filed, any membe may ~file a reviljed schedule, con-
forming as to price and ter~ms to the scheduled of s~uchl otherl member,
and effe~ctive on the same date, or he ma. nlotify thle Code Au~thority
thant hie adop~t.s as his own the schedule of such other mlembe~r. I1n
thte latter event, he shall be deemledl to have filed a revised schedule
conIfo~rming to the revised schedule of such otheril mlembler.
T. N'o such schedule -of p~rices and terms of sale filedl by any nemn-
ber. or in effect. at any time, shall be such as to- permit the sa le of any
product. to a phot~ographler or consumr at less than the~ co-t thereolf
to such memb'ler determined -in the manner provid~ed~ in Secrtion it
hereof, provided, however, that any member m~ay byp notice to the
Code Aulthority, adopt as his owTn a lo-wer price filed by ano-th~er
desig~nated member. Surch adol~ption shall Icc-ntwom automanticaYlly roid
upon the winthdraw-al or revision upward of the p>~rie adoprte'.
8. N~o member who shall have filed a price, or adop~ted- as hisi own
a price filed by another member for any product of the Ind~ustry1 1Hall
sell such product for lecTss than such price or upon terms or eondtit ions
more favorab~le than stated in suc~(h price schiedlle. No mlemberc l who
shall hav-e failed to file a price for any product for whichl the open
price p~lan is in effect, shall sell such product at a lower price or on
terms more favorable than the lowest price andl most favrcla blr terms
stated in any price sched-ule forT such product thren on file.
9. The Code Authority shall1 furnish at cust to anly no~n-membel), r of
the IndustryS requlesting them, copies of any pr1ic~e schedu.~rles which.
have been filedl with it. Sulch price scherdulers shall1 be madlr e ava-il-
abrle to non-member~s of thle Inlduitry at thle same time that thety are
sent tor membet~rsl
10!. N~o members shall sell any product of the1 Industry for wh~ich~
no opetn pr'ie~ plan is in etf~ect to a p~hotogrrapIher1 or consumers. at less
than1 th~e cost th~ereocf to such mlemlber, determined as prov'idedc- in See-
tionl 11 hlereorf? excpt to meet t~he price of a rcompe~ttitor whos~ce ~rilce
does nlot v-iolatet suchn Section.
11. Cost, for th~e purp~oses~ of this Artic~le, shall be detrmcr ined
pursua~nt to the mecthod of nc~countingp and costing~ prescribe d as
p~rovided' in Section- 1 heretof as soon as -suc~h mecthiod7 s adopted, and
appr'1oedl, and theretofor~e pursunRnt to th melthocd empilo3t~~y dbysch
mnemlber subject to such preliminary rules as the Code Authority shall
flcrom time to time plrscribe wi~th the approval of the Adm inilit en~t~r.
12. For the p~urpose of dletermlliningr whl~lethe Section 7 andi 10
hereof have been comnplied~ wit~h, every Ilmember shalnl upon thle
request. of the Codle Author.rit~y furnish a dlesignatedl agency\ of the
C'ode AuthorityS in respect to closed transactions only, with com-
p'lete information in regard to any qjuota~tiojn, border, cIol!nctrat or
sale of any product of the Industry:I iclundingr informaltion as to
specifications, quantities, prices, conditwnsl of storalge, transportation
aEt DSeeragraph 2 of order approv~ing thiis Code.
or delivery, terms of billing, cash or trade, discounts allowed and
other pertinent facts relating to such quotation, contract or sale.
13. Nothing her~ein contained shall be construed to prevent the
disposition of distr~ess merchandise~c required to be sold to liquidate
a d-efunlct. or insolvent busine~ss or of discontinued lines, damaged
goods or sec~onds~i, in such~ manner, at sulch price and on suchl ter~ms
and conlditions as the Code Author~ity and the Adminlistrator mnay
14. Nothing herein continued shall be constr~ued to prevent the
fulfillment of a bona fide contrnelt. existing on the effecti-e. date of
ARTICLE VI[I--REPORTS A~ND ST.TATISTC`
1. Each member shall prepare and file withl an impartial agent
des-iglnated by the Code Aulthorit~y at such. times and in such mlannler
as it may prescribe, such statistics, danta and information retlating~ to
plant capacity, volume of production, vrolumne of sales in units and
do~,lnlar, orders received, unfilled orders, stocks on hand, inventory
both raw and finished, number of employees, wa~ge rates, employee
earnings,; hours of work and other ma~tters, as the Code Authority or
the Administrator ma y from time to time require. Any or all infor-
mation so furnished by any mlember~ shall be subject to checking :for
the purpose of ver1ificationl by an examination of the books, accounts
and records of such member by any disinterested accountant ~r
accountants or other qualified person or persons dlesigrnated by thle
2. Except as otherw~ise proavidted in the Act, or in this Code, all
Ftatistic~s, data and information ~filed or required in accordance with
th~e provisions of this Code shall be confidential and the statistics,
d~ata and information of one member shall not be revealed to another
mem~lber. No such data or information shall be published except in
comnbination with other similar data. and in such a manner as to
avoid the disclosure of confidential information. TLhe Code Author-
it~y shall arrange in such manner as it may determiine for thne current
publication of Industry statistics to members.
3. The Code Authority shall make such reports to the Administran-
tor as he may from timne to time require.
4. In addition to information required to be submitted to the Code
Authority there shall be furnished to Goverment Argencies such
statistical information as the Administrator may deem ntcessanry for
the purposes recited in. Section 3 (a) of the AIlct. Nothing co-ntained
in this Code shall relieve any member of any existing obligaltions
to furnish re~or~ts to any Government Agency.
1. No provision of this Code shall be so applied as to permit
mormpolies or monopolistic practices, or to eliminate, opp~e~ssor
discriminate against small enterprises.
ARTICLE 1 RECOM1MENDATIONSs
1. The Code Authority, may from time to time, present to the
Ad.:ailiratratojr recommendations based on conditions in the Industry
which will tend to effectuate the operation of this Code and the
policy of the Act, and in particular along the following lines:
(a) For the establishment of additional :rules of Farr TIradie Prac-
tices for the Indulstryr and for the modification of its Trade Customs,
and the enforcement thereof.
(b) For the establishment of plans to eqoulize production with
demnndl, so that the interests of the Industry and the public may
be properly served.
(c) For dealing w~ith any other inequality that may ar~ije to en-
danlgrer the Stabihtyf3 of the Indulstry and of production and emp~loy-
(d) For an. increase or decrease in the nulmberI of Industry mem-
bers of the Code Authority and/or for a change in thle method of
choosing sulch ntmembers.
2. For the purpose of assisting the Code Authoritices of the Paper
Maonufacturiing and/or Conv\eltr ltin Industries in the- adljustm~ent of
all labor disputes and labor complaints arising within suchl Indus-
tries, the Code Authocrity shall consideFr the navl\isah~ility of creating
a Joint Industrial Relationls Board for su~ch' Industries~ and shall
report. its recommendal~tionls to the Administrator.
3. Recommendations madte p~ursuan t to Sections 1. and 2 herleof
when approvedc~ by the Administrator shall have the same force and
effect as other1 provisions of this Code.
ARTICLE X TRADE, PRACTICES
1. The following are hereby constituted Trade Practices for the
Industry and failure to compnlylS with the provisions thIereof shall
be a violation of this Code.
(a) Memt~lber~s of th~e Industry shall not practice deception in
regard to that which is sold or its selling price by false or mis-
leading description, statement, record, or undiisclosedc consideration.
(b) Miemnbers shall refrain from dumping, detferred~l delivery, e~x-
tenscionl of stated credit and sle.1cret. reb alt**.
(c) Members shall not wilfully injure by falsely dlefamling a
competitor's goods, credit, or' ability to perform his contracts.
(d) M~emblers shall not wilfully induce or attempt to induce the
breech of a Ccompletitor's conrclf';'t.
(e) No member shall give, permit to be giiven, or dlircc.tly offer
to give, anything of value for the purpose of influenlcinglb or reward-
ing the nation of any employee, agent.f or' representative of another
in r~elationl to the business of the emp~loyer of such employee, the
principal of such agent~ or the represented party, without the knowl-
edge of such employer, principal or party. Teorgi provi-
sions shall not be construed to prohibit free and gnrlcitiu
tion of articles comnmonly n ed~ for advertising except so far as
such particles are actually usedl for commercial bribery as herein
(f) No member of the Industry shall ship goodsll on cocns;igrnment,
except under circumstances to be defined by the Code Authority,
where peculiar circums~tanl(csj of the Industry l~require the practice.
(!g) No memibe~r shall deliberately reproduce or copy without the
writtenr consent of the Code Authority an original photographic
mohnt of fancy design of any other member.
~ARHILE 1Z- GENERAL PROVISIONS
1. If anly member is also a member of another industry, the provi-
sions of this Code shall apply to and affect only that part of his
business which is ilc~ludled in this Industry.
2. Anly work or process incidenltal to and enrried onl by a member
of his plant as a part of' the manufacturers~ of any pr'oduc~t. of' the In-
dutlry~J, shall be 1'~regnede as a part of this Industry.
3. Sulch of the provisions of this Code as are not I~reuir~ed to~ be
inc~luded~ therein by the Act, may, with thie appre-wa\l o~f the Adlmin-
istra~torl, be mlodified-' andl elimlina~ted .as cha~nges~ in ei'crmumsllltacs or
experience may'S indicate.
4. TC~his Code and all thze provisions thereo~cf are exp-r~essily mlade
subject to the right of the President, in accordaonce. with th~e pr~ovi-
sions of Section 10 (b) of the Act, fromx time to time to cancel or
modify any order, approval, license, rule or r~egulation. issuedl under
Title I: of said Ahct, and spccifku;lly, but without limitation, to the
rigrrht of theYPresid~ent to cancel or mnodif~y his approval of this Codle
or any conditions imposet~ d by him uponz his appr'oval thereof.
5. This Code shall become effective on thle ~.econd~r~ Monday3 after
thie date upon w-hich it shall be approved by the Presiden~lt of the
Approvac~t~ l (rcode N~o. 290.
Registry N\o. 407i-00.
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