UNIV. OF FL Ub1.
For sale by the Superintendent of Documents, Walshington, D.C. - Price 3 cents
Registry No. 1637--13
Approved Code No. 359
NATIONAL RECOVERY ADM[INISTR~ATION~i
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 23, 1984
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GOVERNMENT PRINTPING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.O., and by district oflees of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 1504 Post Office Building.
Birminghiam, ABla.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
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Charleston1, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
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Detroit, Mich.: 801 First National Bank Building.
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Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
Mlinnleapolis, Minn.: 218 Federal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N.Y.: 734 Custombouse.
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SSeattle, Web~.: 80J9 Federal Offlee Building.
Approved Code No. 359
CODE OF ]FAIR COMPETITION
PREltFORM/ED PLASTIC ]PRODUCTS INDUSTRY
A~s Approved on 1Marchi 23, 1934
Arrnovrrwac CODE OF FAIR COMPETITION FOR THE PREFORMED PLASTIC
An application having been duly made pursuant to and in full
compliance with the provisions of Title~ I, of the National Indus-
trial Recovery~ A~ct, approved June 16, 1933, for approval of a Code
of Fair Competition for the Preformed Plastic Products Industry,
and hearings having been duly held thereon and the anlnexed report
of said Code, containing ~findings with respect thereto, having been
made anld directed to the Ptresident:
NOW, THEREIFORE, onl behalf of the 1President of the United
States, I[, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to the authority vested in me by Execuxtive Orders of thne
President, including Executiv~e Order No. 6543-A, dated D~ecember
30, 1933, rand otherwise; do hereby incorporate by reference said
annexed report and do ~find that said Code complies in all respects
with the pertinent provisions and wpill promote the policyr and pur-
poses of said TIitle of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved; provided, how-
ever, that the provisions of Article VII, Section 1, insofar as they
prescribe a waiting period betwIPeen thte fiin~g with the Code Author-
ity anld the effective date of revised price lists, terms anld conditions
of sale be, and they are hereby stayed pending my further Order
either within a, period of sixty (60) days from the effective date of
ths Code or after the completion of a studyr of open price associra-
tions now being conducted by the National Recovery Atdministration.
HIUan3 S. JoENusox,
Admin~istrantor for Industrial Recovery.
Approv"l recommended :
A. R. GLB;war,
Divis~lion Admlin~is r~ator.
Marcch 3, 1935.
IREPOIRT TO TH~E PRESIDENT
T~he W6~hite Hliouse.
Sma: This is a report on the Code of Fair Competition for the
Preformed Plastic Products Industry, a hearing on which was con-
ducted in Washington on the thirteenth of February, 1934, in accord-
ance with2 the prov~isions of the National Industrial Recove~ry Act.
PROVISIONS OF THE CODE AS TO WAGES AND HOURS
T~he Code limits the work week to forty (40) hours and to six()
days, and the day to eight (8) hours. Exceptions are allowed fr
executives and their secretaries receiving thirty-five ($35.00) dol-
lars or more per w~eek, sal~esmn and watchlmen. The last are
limited to fifty-six (56i) hours. 1Furter exceptions are provided for
emergency crews wFho r~eceiv~e time and one-third for overtime, a~nd
for seasonal peaks of production the limit is lifted to an average of
forty (40) hours for sixr (6) weeks, with time and one-half for time
in excess of forty (40) hours per week.
The, Code provides a minimum rate of paS'y of forty (404) cents
per hour for common labor, fourteen ($14.00) dollars t~o fifteen
($15.00) dollars per week: for office employees dependinga on the
size of the community~) and for equit.able adjustmnlnts of wages
abl~ove the minimum.
The Code prohibits employment of persons below sixteen (16)
years of age, or below eighteen (18) years in mainufacturin g Feh~opera-
tions. Provisions are to be made for the safety and healthote
employees and a report submitted thereon.
ECONOMICS EFET OF THE CODE
This is a small industry, employing in 1933. 219 workers as com-
pared with 395, in 1929. Their principal p~rocduct, asphalt expan-
sion joints for concrete- roads, depenidsi for its sale on the volume of
.With increase-d purrcha~ingr power rele~s~edl through the general
-adoption of other codr-es and various cons-tr~uction programs in prog-
re~ss stimlulatio~n in the activrity7 of industries furnishing the: demand
for products of this industry will automatiedlly act to increase em-
ployment here. The forty (40) hour provision is in line with pro-
visions in other enpital good codes and represents a thirtyv (30%0)
percent~ red~uctio~n from the average hours of 1930.
Approxsimately sixty-five (659) percent of the factory workers
will be benefitted by the forty (40q4) cent minimum wage rate.
The Indutlrtly has b:een stabilized~ by agre~ments between the pat~-
en~t holder and his licensees. In anticipation o~f thle expiration of
these agreements the larger comrpanisc are commencing a price war
to the great damage of their smaller competitors, and it is hoped
that the prompt approval of this Code will serve to arrest this de-
structiv~e competition and preserve their industry.
FIN DI NGS
T1Che A1Issistant Deputy Administrator in his final report to me on
said Code having found as herein set forth anld orn the b~asis of all
the proceedings in this matter;
I find that:
(a) Said Code is well designed to promoted? the polic~ies and pur-
poses of TCitle I of the National I~ndustrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce whiich tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, b~y
elimlinating unfair competitive practices, by promoting the fullest
possible utilization of the Present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily requiredd, by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me a~s a majorinuty
(c) The Code as approved complies in all rspets with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section "7, and
Subsection (b) of Section 10 thereof ; and that the applicant Asso-
ciation. is an industrial association, truly representative of the afore-
said Industry-; and that said Association imposes no equitable re-
strictions on admission to membership therein.
(d) The Code is not designed 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 them.
(f) Those engaged in other steps of thre economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons, therefore, I have approved this Code, provided
that certain provisions relating to price publication are stayed as
stated in the order.
Hunc S. Jonw~son~,
M~ance 23, 1934.
CODE OF` FAeLIR COMPETITION F'OR THE PREFORMIED
PLASTIC PRODUCTS INDUSTRY:
To effectuate the policies of Title I of the National Industrial Re-
coveryg Act, the following provisions are established as a Code of
Fair Compettiton for the Preformed Plastic. Products Industry, and
the plrovisions of this Code shall be the Standard of Fair Competi-
tion for such ]Industry and shall be binding upon every member
SEC'TION 1. The term "Products means preformned expansion
jo-ints, btit~uminous expansion joints, rubber expansion joints, fibrous
expansion joints, either satulrated or unsaturated, cork expansion
joints, as used- in concrete and masonryr construction, asphalt plank
one-half inch or more in thickness, asphalt rail filler, asphalt rail
cushion, asphalt cable trunking, rubber manhole cushions, asphalt
or rubber sewer pipe belts, asphalt ratggle blocks, asphalt cant. strips,
mliscellaneou saspha~lt premoulded and;/o prefor~med specialties use
in construction projects.
SECTION. 2. Thie term "' Industry", as used herein, includes the busi-
ness of manufacturing, and selling by manu~fa~cturers and or selling
through agrencies controlled by said mIanlfac~turers,, the Procducts,
a~nd such branches of subdiviisions thereof as mayn fr~om time to time
bre included under the provisions of this Codc, Kexcep that, in the
case of cork. and rubber expansion joints, those portions of the mlan-
ufactur~ingr operations which come ln~ler the Cork or~ Rubber Codes
SEC.TION 3. Thle terma "' Membll:er of the Industry "` incllde~s anyone
engagedl in the Indusitry as above defined~. either as an emlployer or
on his own behalf.
SECTION 4. Th~e term "Aflfiliate means a corporation of which a
majority of the o~utstandingr votingv capital stc-nk is owned by a mlem-
ber of the Industry.
SCECTION 5. The term Employee ", 'as use~d wherein, includes any-
one e~ngagerd in the Indulstry inl any~ capacity r~ecetiving compensat-
tionn for ]his services, irrespcctivec of the nalture olr ethlod of pay-
mzent of sulch~ compensation. except a, member of th~e Ind~ustrIy.inr
SIECTON 0). Thle term Emloy~ler ", as ulced~ hecreinl, include ay
one by whom any such employee is compensalted or emnployved.
SECTIION 7. The terms "' Preid-enlt "", "'Act ", and "Adlministraztor ",
as used~ herein. shall mean, repectively, the Pr~esident of the United
States, Title I of the National Im~lustr~inI R~c~ov~ry Act., and the
AQdministrator for Ind~ustr~ial Recovery.
SECTION 8. Popl~untionr, f0 tile purploe ses of this Coode, shall be
dletel~rmined by recftlerence to the latest Federal Census.
SECTION i. NO employee shall be permitted to work in excess of
forty (40) hours in any seven (7) day period, or eight (8) hours
in any twenty-four (24) hour period, nor more than six (6) days
mn any seven (7) day period, except th~t. such hourly and daily
limitations shall not apply to:
(a) Employees regularly employed in. an, executive or supervisory
capacity, or chnemists e~ngaged i testing~r and research, or personal
secretaries of executives receiving in. no week in which they are em-
ployed less than Thirty-five Dollars ($35.00) per wveek. (This exr-
ception, however, shall not apply to foremen regularly engaged in
(b ) Outside salesmen.
(c) Employees on emergency maintenance or emergency repair
work involving breakdowns or the protection of life or property,
but in any such special case at least one and one-third (11/3) times
the norml~l rate shall be paid for hours worked in excess of the
maxlimlum number of houlrs h~lerein provided.
(d) Periods of seasonal requirements during which employees
mnay be permitted to work in. exceess of forty (40) hours in any seven
(7) day period or eight (8) hours in any twenty-four (2~4) hour
period provided that during any six (6) weeks' period the number
of hours of employment shall avelarae not more than forty (40)
hours for any seven (7) day period, nor more than six (6) days in
any seven. (7) day period; and provided, further, that in any such
cases employees shall be paid not less than one and one-half (11/2)
times the normal rate for all hours worked in excess of forty (40)
hours for any seven (7) day period, or eight (8) hours per day-.
(e) Employees enrgagped as watchmnen ~who may be permitted to
workb nlot in. excess of fifty-six (56) hours in any seven" (7) day
SECTION 2. No emlollyer shall knowingly permit any employee to
work any time which, when totaled withn that already performed wFith
another employer or employers, exceedls the maximum, specified in
this ~Article II[I.
APRTICLE IV- AGTBES
SECTION 1. No employee shall be paid at less than the rate of
forty cents (404) per hour.
Th~is minimum wage shall apply to common labor or other totally
unskilled labor. Other classes of labor, including all piece-workers,
shall be complensated at a rate above this minimumxr. The above
minimum rate shall be exempt from any charge and/or deduction by
SECTION 2. Accounting, clerical, office, or sales employees (exclud-
ing outside .salesimen) In any office, department, or establishment
shall nlot be paid less than at the rate of Fifteen Dollars ($15.00)
per week in any city of 500,000 population or over, or in the immled-i-
ate trade area of such city; and not less than at the rate of Fourteen
Dollars and Fifty Cents ($14.50) per week in any city of' between
250,000 and 500,000 population, or in the immediate trade area of
such city; and not less than at the rate. of Four~teen Dollars ($14.00)
per week in anyr other place.
SEC.TIO)N 3. lThis Art~icle establishes a minimum rate of pay re-
gardless of wRhether an employee is compensated oln a timle-rate,
piece-work, or other basis.
SEC.TION 4. Female employees perfolrming substantially the sam~e
wBork as male11 emlployeesi shall r~ec~eive the samle rates of pay as male
SECTION 5. Employers shall make payments of all wages dlue in
lawful currency or by negotiable check therefore payrable on demand
at least twice a month.
SEcTION 6. Employers shall not reduce the rates of wages for
employees whose rates are now in excess of thle mninimuml rate of
wnages herein providled (notwithstandliingr that the number of hours
worked in.suchl empllloymlent may be hereby decreased) andl where
mn any case an employer has not incr~eased the rates of wage~s for
such employees prior to the effective date of this Code by an equitable
readjustment of all such w~age rates such employers shlall readjust all
such wage rates. This provision shall be intelrpretedl in the samle
manner that paragraph 7 of the President's Reemlployment Agree-
ment has been inlterpr~eted by the Admninistrator in In~terpretations
Nos. 1. and 20.
ACIRTICLE VT7-G-CENERA~L LABOR PROVISIONS
SEC'TION i. NO persons under 16 years of age shall be employed
in th Industry nlor anyone unlder 18 years of age in manufacturing
In any State an employer shall be deemled to havre complied with
tis provision if he shall have on file a certificate or permit duly
tisisu~~ed~ by the Authority in such State emnpowered t.o issuet emnploymnent
or age c~r~tifie~nte s or perm~its showing tha~t, the emp~rlyee is of the
Ie reui red age.
SEC.TION 2. EmployeeJtj S shall have the r~ight. to organized and- bargain
collectively throcughl representatives of their owrn chloosing. and shall
be free ffrom tlhe interfclernce, restraint. or colercio~n of employers of
labor, or their ngent. inl the designations of such repr~esentatives or
in self-organnization, or in other concerlte d activities for the pu'rpose"
of collective barga1inIi ng or other mlut ual aid or protection".
SECTION 3. No employee and no one seekingr empllloyment nt shll bhe
requirdc- aIs a co~nditicfm of empIloy1~,!ment to join any! company~ union
or to refra~in from. joining.r Organlizing, or assistmng a labor orgaruiza-
t lon of his own choosing.
SECTION 4. Employers shall comp1-ly- withn the ma ximnum hours of
labor, mIlninuelll rates of pay, and other conditions of emiploymient
apprIoved or p~recr~ibed byY the Pres~idetnt.
SEC.TION 5. Within each. Statel thnis Code shall1 not suplersede, any
State or Fedetlranl laws impllosing more! stringenlt requ~iremelnts onl
emplloyersI~ regulalting the age of empllloyeesi, wages, houllrs of work,
or heanlth,. fire, or general working (condtitio~ns thnnlr u~ndcr this Code.
SEc'now, 6j. Empl~loyerrc; slln~ not rec~la~ssif emp~loyrtees or duties of
occupations performed..., by. emlyeso egg in anY other subter-
fuge so as to dlefeat the purposes" of the Act.
SECTION 7. Each employer shall post i-n conspicuous places in each
department full copies of this Code.
SECTION 8. Adj person whose earning capacity is limnitedl because
of age or physical or mental handicap may be emlployed on lightz
work at a wage below the minimum established by this Code if the
employer obtains from the State Authority designated by the UCnited
States Department of L~abor a certificate authorizing his emnploy-
ment at such wages and for such hours as shall be stated in the
certificate. Each~ employer sh~all file withn the Code _Authority a, list
of all such persons employed by him; th~e number of such employees
shall not exceed five per cent (50/0) of the total number of employees.
SECTION 9. Every employer shall make reasonable provision for
the safety and health of his emnployees at the place and during the
hours of their employment. Standards for safety and health~ shall
be submitted by the Code Authority to the Administrator for
approval within six months after the effective date of this Code.
ARTICLE VI A ADMINISTRATION
To further effectuate the policies of thle Act, a Clode Authority
is hereby established to administer the Code.
SECTION 1. Organijzation and Constitution of Code Authority:
(a) The Code Authority shall consist of three individuals or such
number as may from: time to time be approved by the Administrator,
who shall be representat~ives of the Prefor~med Plastic Products Inr-
dustryg, to be elected as hereilnafter provided. The Administrator,
in his discretionl, mnay appoint from one to three additional members
who shall not, howFev~er, be vested with voting rights and shall serve
without expense to thne members of the In dulf lSt r.
(b) All vroting~ memlbe~rs of the Code Authority shall be elected
fr~omn Members of the Industry and shall be elected by a vote of two-
thirds of all mnemlbers of the Industryr who are! qualified to vote at a
me~eting~ of the Mem~nbers of the Industry to be held within ten days
after the effective. date of this Code.
(c) In order that the Code Auth~or~ity shall at all times be truly
rep resentastive, of the Industry and in other r~espects ~omlply with
thre provisions of the Acet, thne Adni nist rantorl may prov,\ide such hear-
ings as he may deem proper; and thllerefter,, if he shall find that
the Code Author~ity is not truly repr~esentative or does not in other
respects comply with. the provi-ions of the Act, may require an
appropriate mlod'ifie~ntionl in the method of election of the Code
.uhri(d) Ther Code Authority shall adopt its own rules of procedure
and may delegates its authority or such part thereof to such agenexes
as it shall select, proviided nothing herein shall relieve the Code Au-
thority from its duties or responsibilities under this Code and such
agencies shall at all times be subject to and comply with thne provl\isions
(e) MRembers of the Industry shall be entitled to participate in
and share the benefits of the activities of thne Code Authority and
to participate in. the selection of the memb~ers therleof by assenting to
and by agreeing in writing to comply with the requirements of this
Code and bea ring their proportionate share of the reasonable expense
of its a min i tra t ion. The reasonable share of the expenses of ad-
ministrantion shall be determined by the Code Authority. Such
expenses shall be determlinedl on the basis of volume of business
and/or such other factors as may be deemed equitable to bez taken
into co~n-;ideral~tic n.
SIEC'rlON 2. The Code ~Authority shall have the following additional
duties and powercls to the extent p~ermitted by the Act:
(a) With a view to keeping the President and the M~embers of the
Industry informed as to the observance or nonobservance of the Code,
and as to whether Members of the -Industry are taking appropriate
steps to effectuate the declared policy of the Act, the Code Authlority
Riepor"t to the Admninistrattor at such times and concerning such
conditioils in the Indlustry as the Administrator may from time to
time require, and every Member of the Industry shall file in the office
of the Code Authority at such time, in such form, and for such
periods as required by the Code Authority, duly certified reports
with respect to wages, hours of labpr, conditions of employment,
number of employees, production, and other matters pertinent to the
proper supervision of the Industry as determined by the Code
(b) In order to assist in making effective the reports from the
Industry and in eliminating unfair competition, the Code Authority
shall make studies and investigations for thec establishment of classi-
fications and standards of quality for products of the Industry, in
cooperation with some Federal Government agency or agencies.
(c) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this Code and under such others to
thne end that such fair trade practices may be proposed to the Admin-
istrator as amlrnrlendets to this Code and such. other Codes.
(d) All confidential information of any nature requested by the
Code Authority shall be collected by the Code Authority or other
agency not a member of the Industry sellc~tedl by the Code Author-
ity, and such information shall be kept confidential except whlen
required by the Code Authority for the proper enforcement of the
Code, and with the further exception that all such information shall
be fully available to the Administrator. Only such information
may be so requested by the Code Authority which is appropriate
to the proper supervision of the Industry or to the enforcement of
(e) TPhe Code Authority shall lesig'nate a n gent or agents, not
memberc~ls of the Industry, to investigate complaints of violations of
the Code, under such rules and regulations as may be prescribed
by the AdmIni nistrIator.
(f) The members of the Industry shall facilitate all such investi-
gation by opening their corre~lspo~ndence, books, and accounts relat-
ing to alleged violation for examination byT such authorized agent
and by furnishing relevanlt information.I, upon investigation any
complaint of a violation of the Code shall be substantiated in any
material respect, the member of the Industry guilty of such violation
shall pay the cost of the investigation; otherwise the cost of the
investigation shall be borne by the complainant member of the
The provisions of this Sub-section (f) of Section 2, Article VI,
shall aI>ply only to those members of the Industry who agree th~ereto
mn writing which agreement shall be separate and apart from the let-
ter of assent referred to and required of the members of the I~ndus-
try by the provision of Sub-section (e) of Section 1 of Article VI.
(ga) All such information shall be kept confidential by the agent,
except that mn the evFent of any such violation being substa-nt~iated
by the investigation agency thne Code Authority shall be informed
and shall present evidence thereof to the proper depar~ultment-, agency,
or judicial branch of the Governmnent.
SECTION 3. (a) Any int~er~estedl party shall have the right of com-
plaint t~o t~he Code Author~ity, and a prompt hearing and decision
shall be malde thereoln under such rules and regulations as it may
prescribe, in respect to any act of any agetil or ag-ency des~ignatedc
by the Codle Authority to act in its behalf.
(b) Anyl interested party shall have the right of appeal to the
Administrator, under such rules and regulations as he shall pre-
scribe. writh respect. to any dlecision, rule, reglaltion, border or finding
made by thle Code Authority.
SEC ON 41. In addition to information required to be submitted.
to the C'ode Authority, there shall be furnishedler' to such Fiederal
and State G~overnment ageZnc~ies such statistical information a~s the
Admlinistrator may deem ncessary~ for the purposes recited in
Section .3 (a ) of the National Industrianl Rcojvery3 Act, provPided that
not~hinga in th~e Code shall relieve any memb~ler of the IndlustryS of any
existing obligaation to fur~nishl reports to g~oveilnrnment agencies.
SEcTION 5i. The Code Authority may recommend to the Adm~linis-
trator Amlendments aind mnodifications to this Code which shall
become parts of this Code upon appro-val of the Allmlinlistrator after
suchl notice and hlear~ing as he shall prescribe.
SECTION 6. IF the Admlinistratorr shall determine thatt any ac-
tion of t~he Code Authority or agency thereof is ulnfair or unjust
or contrary to public interest, the Admrinistratorr may req~cuire that
such action b-e susp~enle~d for a period of not to exceed thirty days
t~o affordl an opportunity for investigation of th~e merrits of such
act ion andIC further cornsidertio In b cly the Cole Authority or agcl I:-y
pndn-ing final action which shall not be effective unless th~e Admimis-
t~rator approves or unless he shall fail to disapprove after thirty
days notice to him of inltention to proceed with such action in its
original or modfifiedl formn.
SECTION 7i. Each trade or Industrial Assor-ia~tion directly or in-
directly participating in the selection or ac~tivijties of the Code
Authority shall (1) ulnpose no inequitable restrictions onl member-
ship, and (2!) submit to the Adlministra~tor true copies~ of Articles
of Association, By-Laws, Regulaftions, and an;y amendments wc9hen
made thereto, together with such other informatioon as to its
membership: organization and activities as the Adm~inistraitor may
deem necenssarly to effectuate the purlposes of the Code.
ARTIcLE VII-PauLCrry or PRICES
SECTION 1. Within ten (10) days after the effective date hereof
each. member of the Indutlstry shall publish to the trade concerned,
anld ~file with the Codle Authority his current prices, discounts,
and other conditions of sale, which shall be uniform throughout t~he
UTnited States, and the Code Authority shall cause copies thereof
to be sent immllediately to all members of the3 Industry. Revised
prices, discounts, and other conditions of sale shall be filed from
time to time thereafter with thre Code Authority by any member
of the Inldustryv to become effective upon the dlate specified t.herein,
which shall nout be later than ten (10) days after filing, and any
reduced pr~ices, or mnore favorable discounts or other conditions o
sale shall be filed with the Code Authority ten (10) days in adlvance
of the effective. date of the lower prices and/or more favorable
discounts or other conditions of sale unless the Code Auth~ority
shall authorize a shorter period subject to the approval of the
Administrator. Copies of revised price lists and more favorable
discounts and other conditions of sale: with notice of the effective
date specified shall immnediate~ly be! sent by the Code Authority to all
members of the Industry, who thereupon may file, if they so desire,
revisions of their price lists and/or dliscounlts and other conditions
of sale, which sht-all be~omne effective upon the date when the revised
price lists and/or discounts and other conditions of sale first filed
shall go into effect, provided the price lists and/or discounts and
other conditions of sale are not lower or more favorable than the
revised price lists and/or discounts and other conditions of sale
All changes in prices, terms and conditions of sale shall be pub-
lished to the trade concerned on. or before the effetiv-e date of such
chlanlg pursuant to such rules and regulations as may be established
byT the Code Authorityg.l
SECTION 2. All price lists or changes in price lists filed with the
Code Authority and all prices lists or changes in price lists forwarded
by- the Code ALuthority to members of the Industry shall be for warded
by regrister~ed mail with a return receipt requested. All prices, terms
and conditions of sale filed with the Code~ Authority shall be avail-
able to all interested persons.
AnarTCra VII[I--PnOrECTON OF CUSTOMERS
Seemxil 1. Any member of the Industry who wishes to protect
his customers onl closed contracts anrd quotationls actually outstanding
against an increase in his published prices shall conformn to the
rules establishedl by the Code Authority with the approval of the
Administrator for granting such protection.
SECTION 2. Every member of the Industry shall file with the Code
Authority, within tw~enty (20) days following a price increase, a
complete record of all items involving the protection of customers.
1 See paragraph 2 of order approving this Code.
ARTICLE IXI;--AFF ILIATES AND PATENT RIGHTB
SECTION 1. nfemnbers of the Industry shall be responsible for t~he
observance by their affiliates of all the provisions of Artfjicles III, IV,
V, VII, VIII, and X of this Code with repspect to the production
and/or sale of the products included in Siec~tion 1 of Article II, pro-
vided that in the event. of provisions of Articles 'VII and X bein
observed by any such affiliated corporation, then the MRember of the
Industry of wFhicrh such corporation is an affliate need not comply
with the publicity requirementsnt of Article VII with respect to prices,
terms, a~nd conditions of sale made to such affiliate corporation.
SEC:TION 2. Nothingr in. Articles VI, VII, VIII, IXL, ~X, XI and
XII of this Code shall be construed as prohlib~iting any member of
the Indlustry from exercising all its and/or their lawful patent rights
or requiring any member of the Industry to do any act in convict
with the terms of any valid patent licensing agreement.
AnnormE X--PUBLICITY OF TRADE CLASSIFICATIONS
SECTION 1. WVithin ten (10) days after the effective date~ of this
Code: each Mlember of the Industr~y shall publish, to his trade and
file with the Cole. Authority7 all classifications which have been estab-
lished by him to determine the prices, terms or conditions of sale
made applicable by him to the different classes of his trade, for
prodrct~s covered by this Code. H~e shall publishn to the trade and
file promptly wcith the Code Authority any changes made by him.
in suchi classifications and any additional c~las~si~lh~tions.~
Each member shall file at such times, in such manner, and at such
places as may be designated by the Code Authority the names and
locations of his distributors, grouped accord~c~ ing to his own started
classifications then in effect. The names and locations so filed shall
be available to the trade and to the! members of the Industry
pr~ovided, that the name of the manufacturer submitting any suc~h
names and locations shall not be disclosed without consent except to
the extent necessary to preenlt. violation of this A1Srticle.
.AnnOCLE XI--TfRAD)E PRACTICES
The following practices constitute unfair methods of competition
for members of the Industry and are prohibited.
SECTION 1. FO 8e Mark~ing or Bra~nding.--The false marking or
br~andling of any product of the Industry which has the tendency to
mlisleadl or deceive c~ustomners or prospective c-ustomners, whether as
to the $r~ade, quality, quantity, substance, character, nature, origin,
size, fimsh, or preparation of any product of the Industry, or other-
SECTION 2. M~iisr.y]ep8'.resentaion or False or Mlislead~ing Advertis-
ing.-T~he making or caus~ing or knowingly permitting to be made
or published any false, materially inaccurate, or deceptive statement
by way of advertisemlent., or otherwise, whether concerning the grade,
quality, quantity, substance, character, nature, origin, size, ~finish, or
preparationI of any product of the Industry, or the credit terms,
values, policies, or services of any member of the I~ndustry, or other-
wise havingr the tendency or eanpaity to mislead or deceive customers
or prospect i ve customers.
SECTION 3. Commercial Bribery.-No mzember of the Industry
shall give, permit, to be given, or directly offer to give, anyt.hing of
value for the purpose of influencing or r~ewa~rding the action of any
employee, agent or representative of another in relation to thle busi-
ness of the employer of such employee, the principal of sulch agent
or the represented party, without the knowledge of such employer,
principal or party. Commercial bribery provisions shall not be
cosnt ruecd to prohibit free and general distribution of articles com-
monly used for adv\ertisingl except so far as such articles are actually
usied- Ifor comnmer~cial bribery as hereinabove defined.
SECTION 4. IlCP/678reCe w~ith C~Onrfac ual RelatiOn8.-Malileously
indulc~in g or attempl-ting to induce the breach of an. existing oral or
written contract between a competitor and his customer or source of
supply, or interfering wFith or obstructinga the performance of any
such contractual duties or services.
.CECTIONS 5. Giringl of Prizes, Premiumlls, or Gifts.-Tlhe offering
or giving of prizes, premiums, or gifts in, connection with the sale of
products, or as an inducement thereto, by any scheme. which in-
volves lottery, misr~eprlesentaioon, or fraud.
SECTION. 6. Defamation.--The defamation, of competitors by falsely
impaltinga to them dishonorable conduct, inability to perform con-
trancts, questionable credit standing, or by other false representa-
tions, or by the false disparagement of the grade or quality olf their
SECTIONu ". Th768#8 of Litigatioz.--The publishing or circulariz-
ing of threats or suits for infringement of patents or trade mnr~ks,
or of any other legal proceedings not in good faith, with the tend-
ency or effect of harassing competitors or intimidating their cus-
SECTION 8. Espionage of Comnlc peitors.--Securing con fi den t a 1 i n-
formation concerning the business of a competitor by a false or
m~isleadingf statement or representation, by a false impersonation of
one in authority, by bribery, or by any other unfair method.
SECTION 9. Scellin~g at L;ess than PuDzblished Prices.--The selling of
any Product to any purchaser thereof at less than the published
price applicable to such class of purchaser; or to effect a lower price
by any means whatso\evr, either directly or indirectly, or by any
sublterfulge, or to use or effect a lower price than that published for
all customers of the same class except as provided in Article VIII.
RSECTIrON 10. Secret Rebates.--Thne secret payment or allowance of
reb~ates, refunds, comnmissionts, credits, or unearned discounts, whether
in thne form of money or othelrwise, or the secret extension to certain
purch-asers of special services or privileges not extended to all pur-
chasers~ on like terms and conditions.
CEC'TIO)N 11. Se7lling Bel~ow Cost.-Th']e selling of the Product, be-
low the manufacturer's individual cost except to meet any price p~ub-
lished by another mnnufafc-t ur~er in ncorda~: nce with ~Article V'II; in
mieetingc these p~ric~es the malnulfactrlcture shall compyly with all t~he
provisions of Article VII[.
SIECTION ~12. Free Goods, or F~ialse Billing.-In~r arny way deliveringr
free goods to any c~us~tomner or prospective customerr; or invoicing
goods to any other person than the person by whom payment is to be
made; or making any fictitious mnvoice for any shipment; paying a
price mn excess of the prelvailingr-.--. open-miarket price for any product
of this Industry;I paying for materialsr of his ownr manulfacture more~
than the original net dlelivered price thereof.
SECTION 13. Other Unfair Practices.-Nhothing in this Code shall
limit the effect of any adjudlication~ by the Courts or holding by the
Federal Trade Commission on cocmplaint, finding, and order, that
any practice or method is unfair, providing that such adjudication
or holding is not inconsistent with any prov,\isionl of the APct or of
ARTICLE XII-S-r ELLING BELOW RE.\i.SONBLE COST
SECTION 1. The C'ode Auth~ority shall1 cause to be form~lulatte an
accounting system and methods of coslt. find-ing and/or estimating
capable of use by all members~ of the Indulstr~y. After such system
and methods have been formulated, full detailii concerning them
shall be made available to all mlembersc. Th'ler~eafter all members
shall determine and or estimate costs in accordance with the prin-
ciples of such met~hods.
SECTION e. Tllen thle Code Authority determines~that an emer-
gency exists in this Inldustry and that the cause thereof is destrue-
tire price cutting suclrh as ton rendrl1 inejffc~tive. or se~riouslyv e~ndaRngrP
the maintenance of tihe provisions of this Code, the Code Authority
may cause to be determined the lowest reasonable cost of the prod-
ucts of this Industry, such determination to be subject to Such notice
and hearing as t~he Administr~ator maay require. The Administrator
may: approve, disapprove, or modify the determlina~tion. Thereafter,
during the period of this emergency, it shall be an unfair trade prac-
tice for any members of the Indlustryl to sell or offer to sell any prod-
uct of the Industry~ for which the low~est r~easonlable cost ]has been
determined at su~ch' prices or upon such terms or conditions of sale
that the buyer will pay less thecrefor than the lowest reasonable cost
of such products.
When it appears that clonditions hav\e changed, the Code Author-
ity, upon its owfn initiative, or upon the request of any interested
party, shall cause the determination to be reviewed.
SECTION i. NOthing contained in. this Code shall constitute the
members of tdhe C'ode Author~ity partners for any purpose. Nor
shall any members of the Code Authorityr be liable in any manner to
anyone fr any net of any other member, officer, agent~ or employee
of the Code Authority. Nor shall any member of the Code Author-
ity be liable to anyolle for any action or omission to act under th~e
Code, except. for his own willful misfen~sancet or non-feanance.
SECTION '2. This Codle and all thne provisions thereof are expr~lessly
made subject to the right of thne President, in secordcance wriithl the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel o1 r modify any order, appyrovnl, license, rule or regula-
tion issued under said Act.
UINIVERjITY OF FLORIDA
422 3 1262 08850 5218
SECTIO~N 3. This Code, except a~s to provisions required by the Act,
may be modlified on the basis of experience or changes mn circum-
stances, such modification to be based upon application to the Ad-
ministrator by the Code Auth~ority-, and such notice and hearing as
he! shall specify, and to become effective on applrova~l of the President.
The provisions of this Code shall remain in effect until and unless
modified or eliminated in accrda~n~ ncec with the foregoring provisions of
Section 2 hereof and of this Section 3, or until t~he expiration of the
Act, namely, June 16, 1935, or sooner, if the President shall, by proc-
lamation, or Conressrr~~~i shall, by joint resolution, declare the emerg-
gencyy recognized by Section 1, Title I, of the Act, has ended.
AnRTCra XIIV M1\ONOPOLIES, ETc.
No provisions of this Code shall be so applied as to permiit monopo-
lies or monopolistic practices or to eliminate, oppress or discriminate
against small enterprises.
Members of the Industry engaged in installation of the products
or commodities of this Industry shall be governed by the hours, wa.ges
and other labor provisions of such approved Code for the Construc-
tion IndustryT as may be designated by the Administrator after such
notice and hearing as he may prescribe.
ARTICLE XVI--EF~ECTIVE DATE
TIhis Code shall become effective on thne second M~onday after its
approval pursuant to the provisions of the Act.
Approved Code No. 359.
Registry No. 1637-13.