Code of fair competition for the flexible insulation industry as approved on April 30, 1934

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Material Information

Title:
Code of fair competition for the flexible insulation industry as approved on April 30, 1934
Portion of title:
Flexible insulation industry
Physical Description:
p. 507-518 : ; 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:
Building materials -- Law and legislation -- United States   ( lcsh )
Insulation (Heat)   ( 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. 1630-06."
General Note:
"Approved Code No. 409."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939303
oclc - 650540610
System ID:
AA00006842:00001

Full Text


I


UNIrV. Qi-FL LY.





U.S. DEPO~tTORY


Ma r em by the Superintendent of Documents, Washington, D.C. Price 5 center


Registry No. 1630--06


Approved Code No. 409


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


FLEXIBLE INSULATION

INDUSTRY


AS APPROVED ON APRIL 30, 1934


WE Do OUR PART


I


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934























This pubicattion is for sale by the Superintendent of Documents, Govern~ment
Printing Office, Washington, D).C., and by district offices of the B~ureallu o
Foreign and D~omestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingrham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
1Buffalo, N.-Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mic~h.: 801 First National Bank Buildin~g.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Indl.: Chamber of Commerce B3uilding.
Jackisonville, Fila.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimnore Avenue.
Los Angeles, Calif.: 1163 South Bro:llnadwa.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn;.: 229 Federal Building.
M~inneapolis, Minn.: 213 Federal Building.
Newv Orleans, La.: Room 225-A, Customhouse.
New Yorkr, N.YI.: 734 Custombuouse.
Norfolk, Va.: 406 East Plume Street.
Philaldelphia,: Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, C'alif.: 310 Custombouse.
Seattle, WFash.: 809 Federal Office Building.












Approved Code No. 409


CODE OF` FAIR COIMPIETITIONLI
FOR TIEI
FLEXIBI;E INJSUIATIIOININDUSTRY

As Approved on April 30, 1934


ORDER

A9rrnorma~c CODE OF EIAIR COMIPETITION FOR THE ]FLrEXIBL E SINSULTION
INDUSTRY
An application having be~en: duly mlade pursuant to and in full
compliance with the provisions of Title I of the National Indulstrial
RecoeryAct, approved June 16, 1933, for approval of the Code of
Far Competitionl for the Flexriblle Insulation Indlustry, and hiear-
ings having been duly held thereon and the annnsexed report on said
Codle, containing findmg~s with r~esplect thereto ,having been made and
dir~ected~ to the President:
NOW, TIHERIEFOIRE, on behalf of the Presidfent of the United
States, I, HIugh. S. Johlnson, Administrator for Industrflid Recov'ery',
pursuant to authority vested in me byExecutive Ordter~s of the
President t, inIclurd ing; Eecutive Ordler N.6543-A, dated Decemiber
30, 19:33, andr otherwise; do her~eby incorporate by reference said
annexed recpo-rt and do findI thnt, said Code comnplies in all resp~ec~ts
withn thie pertinent. provisions and will promote the policy and pur-
poses of .mid Title of said ~Act; and do hereb~y order that said Code
of Fair Competition be and it is hereby appr~ovedl; provided, how-
ever, that the provisions of Article VIII, Section 2 insofar as they
prescribe a waiting period between the filing with the Code Au~thor-
ityr and the effective date of price lists, as originally filedl andl/ox'
revised price lists or revised terms andl conditions ofsale, be and
thley her~eby are stay~edl pcnd'ing my further order.
HJUGH- S. JoHnSON
Admilnilisi(tratr for Ind~ustra Recovery.
Approval recommneneded:
A. R. GuxACY,
Divis;Oio AIdm~~inZistrator.
WIAcHINGTON, D.C.,
April 30), 1934.
j3814"---482-180---34 (507)










REPORT TO THE: PIRESIDENT1L


Thne PaREa)Nwr,
The Wh~ite Htouse.
SmR: This is a re~porIt on the Code of Fair Competition for the
Flexible Insulation Industry, as revised after a public hearing con-
da~ctedl in Washcling~rton, D.C., on April 11, 1934, in neccordalnce with
thle provisions of Title I of the Nationlal Indtustr~ial R~covry\~lS Act.
PVI' ION,\~I, S AS TO HOURS AND WAG;ES

Emp~l`loyees are not permitted to work more than forty hours per
weekr or eight hours per day, except as otherwise provided. Emn-
p~loyeecs are nlot permitted to work more than six days out of anly
seven.
Hourly and daily limitations do not apply to outsidec salesjmen or
outsid-e sales service men; or to managers, executives or suplervisorss
whoe receive thirty-five dollars or more per week; or to employees
engaged in emergency work involving ~r~eakdownrs or the protec-
tion of life or property, provided one and one-half times the normal
rate is paid for hours worked inl exrcess of forty per week or eight
per day. Employers shall not permit accounting, clerical, office or
sales employees.2 exceptt outside salesmen) to work in excess of forty
hours per week.
T'o meet demands of peak production periods, plant and factory
employees are permitted to work forty-ei ht hours per wI\eek during
any twelve weeks in each calendar year, provided one and one-half
times the normal rate is paid for hours -worke~d in. excess of forty
per week or eight per day.
Chauffeurs, truckmen, repair and maintenance crews, e~ngrineers,
firemen, electricians and departmental foreman, not exceeding t~en
per cent of an emnploy~er's total number of ~plant employees, are p~er-
mnitted a tolerance of ten per cent over their normal hours but in no
event in excess of forty-eight hours per week, provided time and
one-half is paid for all hours wc~orked in excess of forty per week
or eight per day. Watchnmen are not permitted to workr more than
fifty-six hours per wFPeek. Tour machine workers engaged in con-
tinuous o~pera~tionl s may be permitted to work extra hours in order
to avoid a shnut-down caused by the temporary absence of a relief
worke~tr.
The minimum hourly rate of pay for male employees, exceept office
and sales employees, shall be thirty-eight cents per hour. TIhe
minimum hourly rate for female employees shall be thirty-three
cents per hour. Female employees p~erformingn~ substantially the
same work~l as male employees shall receive the samelt pay as male
employees.
Office, almou~lnting, clerical or sales employees shall receive a mini-
mumn rate of fifteen dolluels per week except that office boys and girls,
(508)





509


not exceeding five percent of anr employers' total number of office
employees, may be paid not less than eighty per cent of thle minimum.
A minimum rate of pay is established, r~egardiless of whetther an
emlployee is compensatedl on a timne rate, piece waorkl or other basis.
Compensation of employees receiving more tlhan thle minimumr n shall
be equitable adljustedl and reportedly to the Cod'e Authorjlity but in no
evecnt sh~all rates of pay be redtucedl. No person under sixteen years
of age shlall be employed in the Indus~itryS nor any p~erson under
eight~een yearns of age in machine opera~ttions.i
ECONOMIC EFFECTS OF THE CODE

This is a comparatively new Industry. It suffers direct competi-
tion from waste and byproducts of various industries. Its products
are in dlemandlr for building insulation and for indlustrial1 uses. Elec-
tric~ refrigera'tors, refrigerator and- ~~iprassngr ra~lroad~ cars normanllyc
account for the .Ilargest volumne of flexible :insulation used industrially.
The very nature of its product tends to classify this Industry~ as
a. marginal one, which classiflention can be improved only by scien-
tific research and an enlightenedl public demalndl.
Thle main sources of demand result ini periodic factory employment.
Fortunately, p~eaks occur so as to give employment to per~sons who
wrouldl be otherwise idle, at a comnpensation greater than they could
obtain in other lines of workr for which they are fitted. TChe hourly
provisions in this Code are sufficiently flexib~le. to meet the demands
of peakc production perio~ds.
Asa result of the Pr~esident's Reemlploym~nent Agrreemenlt and
this Code, minimulm wages will be increased approximately twenty-
five per cent above thre 1933 avel~rage and will be in excess of minimra
paid by t~he I~ndustry in 1920. Employment in February, 1934,
showed an increase of fifteen per cent attributable to the President's
Reemlplo-yment Agreement.
Fh INDINS

The Assistant Deputy Administrator in h~is final report to mae onl
said Codle, having found as hnerein set forth and onl thne basis of
all the pr~oceedlings in this matter;
I findl that:
(a.) Scaid: Code is well dlesigned to promote the policies and purr-
poses of Title I of th National Industrial Recovecry AL1ct, including
remloval of ob:strucrtions to the free flow of inter~state, and foreign
commler~ce which tend to dliminrish the amount thlereof and will
provide for the general welfare by promoting the organization orf
indlustry for the purpose of cooperative action among thne trade
groups, by inducing and maintaining united action. of labor and
malnagfement under adequate governmmental sanctions and sup~er~vi-
sion_ by eliminatingr unfair comnptitive p~rctices, by7 pronmotingr th
fullest possible utilization of the present prodluctiv~e capacity of
industries, by avoiding undue restriction of production exceptt as
may be temporarily required), by increasing the consumnption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.




510


(b) Said Industry normally employs not more than 5i0,000 em~-
playees; and is not classified by me as a major indlustr~y.
(c) The Code? as approved complies in all retsp~ects with the
pertinent provisions of said Title of said Act, including without
limitation S~ubsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforesaid Industry; anld that said association im~pose~s no ineqjuitab~le
restrictions on admission to membership therein.
(d) The Code is not designed to and3 will not permit monopolies
or monopol'listic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enfe~rprises and will not operate to discriminate~t against then.
(f) T'hose 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, the Code has been approved.
]Respectfully,
HIUGH S. JOHNSON,
Administrator.
~APRm, 30, 1934.












CODE OF FAIRR COMPETITION FOR THE F'LEXIBLE
INSUITION INDUSTRYJi

ARTICLE 1-URPO)SES
To effectuate thre policies of Title I of the N~ational Indrustrial
Recovery Act, this Code is established as the Code of Fair Competi-
tion for the Flexible Insulation Industry, andl shall be the standard
of fainr competi;tion for this Indusltry s,R- andshall be btindling upon
evrery metmber thereof.
~AiRrICI II-D-IEFINrITIONS
The term. Flexib~le Insulation Industry or "L the InldustryV a
usedr herein includes all individuals, firms, corporantionls, or other
forms of enterpr~ise~s, mal~nufacturinga and selling inldustry products,
as herein fter defined, those selling as a manufacturer the entire
output of a manufacturer of anyr such products anld those mannu-
facturers selling, and billing therefore, indlustr~y products manufac-
tur~ed for them by another, but not including wiholesaler~s anid/or
dealers and/or contractors.
The term. Industry Products as used herein includes flexible,
nonstructural heat and sound insulation products made of fab-
ricated vegretable fibre. Electrical insulation products are definitelyg
excludled.
The term "L M~ember of the Industry or "'Indulstr 1Member in-
cludes -anyone engaged in the Indu~stryS as above defined, either as an
employer or on his own, behalf.
The. term '"Employee as used herein, includes any person en-
gaged in the Industry, in any capacity, receiving compensation for
his services, irrespective of the nature or method of paymlent of such
comp~ensation, except a member of the Industry.
The termi Emlployer as ulsedl herein includes any person by
whom any such employePe is compensated or emplloyed.
The terms President ", "LAct an~d "Administrator as used
hlerein mean respectively the 1Pr~esident of the Untedtel States, Title I
of thle National Indu~strial1 Recovery ~Act, and the Administrator for
Inldustr~ial Recov~ery.
ARTICLE I1- OU~s or Laeon
SECTION 1. No emnploye shall be permitted to wor~k in excess of
forty (40) hlour~s in any wTeek or eight (8) hours in any day except
as otherwise providedc inl this Alrticle.i~
rSECTION 2. In1 order to provide for peaks production periods, plant
and factory employees may, during any twelve (12) weeks in each
calendar year, be permitted to work up to but. not in excess of forty-
eight (418) hours in any week, provided, however, thant such time
(511)





512,


worked in excess of forty (40) hours in a~ny suc-h week and3/or eight
(8) hours in any day byr such employ~ees, shall be paid for at not
less than one and one-half (11/2) times the normal rate of pay.
SECTION 3. The maximum hours of labor for chauffeurs, truck-
muen, repair anld maintenance crews, engineers, firemen, electricians,
and departmental forem~en shall be ten (10) per cent ov'er t~he hours
fixed in the foregoing Section. 1, provided, however, that the total
number of such employees woho may be worked the maximum hours
herein establisjhed shall not exceed ~ten (10) per cenrt of the total
Irumbe~tr of plant and factory em~ployees mn any plant, and provided,
that such employees may be permitted to work up to but not in
excess of forty-eight (48) hours per week during the pe~akc period
provided in Section. 2 hereof and shall receive overtime of at least
one and one-half (11/,) times the normal rate for all hours in excerss
of forty (40) per week and/or eight (8) per day.
SECTION. 4. Tou~lr m~c~hine, workers enga:ged- in continuous pr1ocess
operations, may be permitted to work additional hours above thle
number provided in Section 1 of this Article, to avoid a shutdowrrn
due to the temnporary1 absence of a scheduled relief wPorker.
SECTION 5. The maximum hours for watchmnen shall be fifty-six
(56) hours in any one week.
SECTION 6. No accounting, clerical, office, or sales employee' exceptt
outside salesmen) shall be permitted to work in excess of forty (40)
hours per week or nine (9) hours per day. A normal day shall not
exceed eight (8) hours.
SECTION 7. No employee shall be permitted to work in excess of six
days in any sevren-day period.
SECTION 8. No employer shall knowingly permit any employee to
work for anry time which, when totaled with that already performed
for another employer or employers or under another code or codes,
exceeds the maximum permitted herein.
SECTION 9. Thle foregoing limitations on hours and days in this
~Article shall nlot apply to outside salesmen or outside sales service
men; to employees engaged in executive, managerial or supervisory
capacity who regularly receive thirty-five (35) dollars per week or
more; or to employees engaged in emergency work involving break-
downs or the protection. of life or property but employees engaged
in such emergency work shall be compensated by at least one and
one-half (11/2) times the normal rate of pay for hours w~orked in
excess of forty (40) per week and/or eight (8) per dayr.
Animae I[V--WG;ES
SECTION 1. No male employee shall be paid less than at the rate of
thirty-eight (38) cents per hour and no female employee shall be
paid less than at the rate of thirty-three (33) cents per hour, except
as hlerein otherwise provided.
SEC'TION 2. This Articlie establishes a minimum, rate of pay, regard!i-
less of whether an employee is compensated on a time rante, piece
work or other basis.
SeasoI(N 3. An equita7ble adjustment rfor employees shall also be
made as to rates of complerlnsatin in excess of minimum Irates estab-
lished in this A~rticle, by all members of the Industry who have not






513


heretofore made such an equitable adjustment and inl no case shall
rates be decreased, and withinsit(0)dyafrth fete
dateherof achMembr o th Inustry shall report to the Code
Authority, for submissionr to the Administrtrator the action taken by
such members I in pulrsuance of this prov-ision.
SECTIOIN 4. Female employees p~erformingr sublstantially the same
wVork as :male emlployees shall receive the samle rate of pay as male
emnploy'ees.
SECTON Te Coe Athoityshall within ninety (90) daysR
after the effective date of this Cdfl ihteAmnsrtr
list and description of all occupations inl the IndustryT in. which b.othl
menr and women are emlployedl and also in which women are exclu-
sively employed.
SECTIONV 6. The minimiuma rate, of wag~~E:CS for all1 employees en:gagedc'
in o~ffice, necounting, sales or clerical wo-rk; shall not be less than. fif-
teen (15) dollars per wTeekr, except as provided in Sections 7 and 8
of this Ar~ticle.
SECTION 7. Office boys and office girls under eighteen years of age
may' be emp~lloyed at a wage of not less than eighty (80) percent of
the mninimu~m prescribed in Section 6 hereof, pro~videdl that not more
thian fiv-e (5) percent of all office emnployeces may be paid as oilfice
boys and girls, except that each employer mrayr employ at least one
such office boy or office girl.
SECTION 8. A person whose earning capacity is limited because of
age or phy3sical or mental handicap m~ay be employed on light work
at a wage not less than eighty (80) percent, of the minimumn estab-
lished by this Code, but such, employees shall not exceed five per-
cent of anyT employer's total number of employees, provided the emn-
ployer obtains from the state authority dlesigrnated by the U~nited
States Depar~tment of Labor a certificate authorizing employment at
such w7ages an[d for such hours as shall be st.atel in. the certificate.
Sucrh state authority shall be guidepd by the instructions of the United
States Depar~tment, of Ltabor in issuing such certificate. Eanch em-
p~layer shall file with the Code Authority a list of all such, persons
emnployved by4 h1i m.
SECTION 9. Evetry employer shall agree to make pamntlc l of all
wnges due in lawful currency or by negrotiab~le check thierefor. ~ay'-
able on dlemandn Wages shall b;e paid at least twice a month. These
wagfes shall be exemplt from any payment for pensions, insurance,, or
sick benefits other than those voluntarily paid by employees or re-
quired by law. Employers or their agents shall not accept, directly
or indirectly, rebates on suc-h wrages or give anything of valule nor
extend any favors to any person for the purpose of inlfluencing' rates
of w~ages or working conditions of their empl~loy~ees.
Employers shall agrrlee that the wagnes for persons emp~loy~ed in
clerical or office wor~k or in a mannagerial or excurlt~ivcap a nscityo who
earn not less than thirty-five (35) dollars per week shall be paid
at the end of pay periods fiot exceeding one month.
ARTICLE V--GENERAL LAnonR PnRo\?ions
SECTION 1. No person under sixteen (16) years of age shall be
employed in any capacity in the Industry. No person under eighteen
(18) years of age shall be emplloyed in machine operations.





514


SECTON 2. (a) Em~ployees shall have the right to organize and
bnarga collectivelyy through representatives of their own choosing,
and~ shall be free from the interference, restraint, or coercion of
employers of labor, or their agents, in, the d~esig~nation of suchn repre-
sentatives or in self-organlization1 or in other concerted activities for
the purpose of collective bargaining or other mutual aid or protection.
(b) `No employee and no one seekinga employment shall be reqtuiredl
as a. condition of employment to join any company union or to re-
framn from jommig, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed bly the President.
SECTIO0N 3. No employer shall reclassify employees or dlut~ies of
occupations performed or engage in any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of this
Code.
SECTION 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code Au-
thority to the _Administrator within six monmths after th-e effective
date of this Code.
SECTION 5. No provision in this Code shall superlede any State or
Federal law which imposes on employers more stringent r~equire-
mlents as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
SECTION. 6. ~All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem~-
ber of the Industry shall comply with all rules and regulations r~ela-
tive to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the Administrator.
SECTION T. No employee shall be dischnarg~ed because of making a
complaint or givingf evidence wit~h respect to an alleged violation of
this Code.
SECTION 8. No employee now employed at a rate above th3e mini-
muml shall be dlischargedt and re-employed at a lower rate for the
pulrpose of evad~ringr the Iprovisions of this Code.

ARTICLE V7I-An)INInwrurrIO N

SECTION 1. TO further effectuate the policies of the Act, a Code
ACuthority is hereby established to cooperate with the Administlrator
in the administration of this Code. The Codte Authority shall c~on-
sist of one representative from each member of thne Ind;ustryI whbol
shall subscribe to th~e Code and pa;y his pro rata share of the ex-
penses of nam llin i;t ~ratio n of this C~~ode. In addition there me y be
not more than three members, without vote and without cost to; the
Industry, to be knowvn as A1dministration Member or Mlember1s, to
be appoinlted byr the Adml~inistra~tor to serve for such terms as he
ma~y specify.
SECTION 2. Each trade or industrial association directly or in-
dir~ectly participating in the selection or activities of the Code Au-





515


thority, shall (1) impose no inequitable restrictions on membership
and (2) submit to the Administrator true copies of its articles of
association, byvlawns, regulations, and any amendments w7hen madeo
ther~eto, together with such other information as to mecmbership,>
organization, and activities as the Administrator may deeml neces-
sarly to eff'ectuate the purposes o~f th-e Act.
SCECTION 3. In ordler thnat the Code Authority shall at all times be
trully representatives~ of the Industry and in other re~spects comply
wvith the provisions of the Aict, the Administr~ator ma~y prescribe
sucht hearings as he may deem pr1oper; and thereafter if he shall
findl that the Code Authlority is not truly representative or does not
inl other respects comply~ with the provisions of thre Atlct, maiy re-
quire an appropriate, modlificationl of the Code Authority.
SECTION 4. Subject to such rules and( regyulaltions as maybe issued
by the Administrator, the Code Authority shall havet ull power
and authorityr from time to time to require such reports from mem-
~bers of the Indlustry with rIespect to capacity, production, orders
and shipments, persons employed, wage rates, earnings and hours of
labor, prices, costs and other items as may be reqluiredl to adlequately
admniser ndenfor~ce the provisions of this Code; to p~reparle and
prom'lgat~e for the Industry, from time to time, merchandising
plans or changes in or additions to any such plans which may be
adopted under this Code containing such provisions as m~ay be neces-
sary or proper to insure fair selling methods by the Industry and
to prevent unfair competitive practices, subject to th~e alpproval of
the Aldministrator after such notice and hearing as he m~ay specify;
and to recommlrend the standardizattion of products by thke members
of the Industry.
SECTION 5. The Code Authority shall also have the power, sub-
lect to such rules and regulations as may be issued by the Admin-
Istrator;
(a) to insure the execultion of the provisions of this Code and
to provide for the comlpliance of the Industry with the provisions
of this Code and the Act;
(b) to adopt byla ws andi rules and :regulations for its procedure;
(c) to study the effect of the provisions of this Code upon the I~n-
dustry and consider proposals for modifications of this Code an
make recommendations thereon from time to time to the Administra-
tor which modifications shall become effective as part, of the Code
upon approval by the Admninistrator after such notice and hearing
as he miay specify.
SECTION 6. In addition to information required to be submiitted
to the Code Authorityv, all or any' of the persons subject to this Code
shall furnish such statistical information as the Admninistr~ator miay
deem necessary for the purposes recited in Section 3 (a) of thes Act
to such Federal and State Agiencies as the Administrator may desig-
nate; and nothing in this Code shall relieve any person of any exist-
ing obligation to furnish reports to Government Agencies.
OECTION 7. In order to assure confidential treatment of indiviualll
figures, all reports, data and information which the Code Authority
is empowered to receive shall be received by an agency ap'pointed
by the Code Authority, not. a member of or connected with a memi-
ber of the Industry. The agncypr so receiving* any such re~or~ts, data





516


and information shall keep the same confidential except whrl-en re-
quired by the Code Authority or by the Administrator for the proper
enforcement of this Code. All suchn reports, data and infor~mation
shall be avalilablel at all times to the Administrator.
SECTION 8. Collusion between any Industry member and any such
confidential agency for the purpose of examining any r~epor~t or data
or obtaining any information collected or received by such confiden-
tial agency shall be a violation of this Code.
SECTION 9. The Code Aut~hority may delegate any of its powers
or functions to commit~tees of its mnembrc1s or to such agencies as it
nmay des~ignatCe but the Code Authority shall be responsible for the
authorized acts of any such a~~nnittees or agencies.
SECTIOCN 10. Each member of the Code Aulthority representing an
Industry member shall be entitled to cast one vote on all matters
corning before the Code Authority for consideration, but no manu-
facturing member and the selling agent or selling agents of such
mallnufnet rli ng~ member's products shall in the aggregate hnave more
than one vote. Reasonable notice of all meetings shall be giv-en to
eachn niemberl)C. ALt anmy duly called meeting of th-e Code _Authorit~y, a
two thirds affirmative vote of the voting rsenbiembs prIesetjll at the
meeting~ either in person or by the member's alternate, or b~y proxy,
shall be required to make effective any action taken or for the adop-
tion of any resolution except as herein otherwise specifically provided.
Any mlembl e r of the Code Authority in his absence may be repr~lesentedt
by an alternate appointed by him who shall be a person actively con-
nectedl with the same company with which the member making the
appointment is connected; or by his written proxy.
SECTION 11. Ai~nly interested party shall have the right of complaint
to the Code Authority and a prompt hearing and decision thereon
unrll such rules and regulations as it shall prescribe in, such cases.
Any inlterestedt~ party shall have the right to appeal to the Adminis-
trator, under such rules and regulations as he shall prescribe with
respe~c~t to any decision, rule, regulation, or~er, or finding m1ade by
the Code Authority.
SECTION 12. All expenses involved in administering~ the Code shall
be detterminede by the Code Authority, subject to review by the Ad-
ministrator, and prorated equitably among the members of the In-
dustry who assent to this Code. The pro-ration by the Code Author-
ity of all such expenses shall be determined on the basis of the
net dollar sales of each member, made in the Uni;tedl Stastpes dulring
the previous calendar year.
SECTION 13. Nothing contained in this Code shall constitute the
members of the Code ALIuthority partners for anly purpose. Nor shall
any member o~f the Code Authority be liable in any malnnner to any
one for an~y act of any other member, offcer, agent, or employee of
the Code Authority. Nor shall anly m~emlber of the Code Authority
ercsccising reasonable diligence in the conduct of his duties here-
under, be liable to any one for anly act or omission to act under this
Code, except for his owvn wilful misfeasance or nonfeasance..
SEenowO 14. If the Aldministrator shall at any time determine that
any aIction of the Code Authority, or any agcy~~r thereof, may be
unfair or unjust or contrary to the public ilterest, the Admlnist~rator
may require that such action be suspended to afford an opportunity





617


for investigation of the merits of such action andl furer considera-
tion by such Code Aluthor~it~y or agency, pendingb final action, which
shall not be effective unless the Adcministrator alpprovesc or -unless he
shall fail to disapprove after thirty (30) days' notice to him of inten-
tion to pl~roced with such. action in1 its originally or modified form.
ARTICLE TiI--OST ACCo~UsnINo FORMULAA

SECTION 1. The Code Au~thlority may prescribe a 1-costinlg formlall
and methods of estimating, covering cost of indutlry~! products sold,
capble of -use by all memllbe rs of the Inldustry.. After surchl foulallll
and etho.ds have been formulated and apprlovedl by the Admrinis-
trator, full details concerning them shall be maderlr available to all
.m ember~ s. Thereafter all membel~trs shall determine and/or es~timal~te
costs in necolirdance wriith the principles of such methods.
SECTION 2. No mlemberP1 of the Industry after the adoption by the
Code ~Authnority and approval by the _Administrator of a uniform
costing formula shall price or sell any industry product below~c such
mlember's cost as determined by such formula except to meet the
competition of a lower cost p1roducer of industry products, pro-
vided~c, the competitor's price does niot violate this Code.
~Anawra VIII--PI; ucaCTINo or PRICE:

rSECTION 1. The Code APuthority may require the practice of filing
with the Code Authority or such other agency as it may designate,
subject to the approval of the Administrator, each member's own
prices, terms, and conditions of sale of all standard industry prod-
LtdS not mInae tO custOmer's specification, offered for sale by such
members, excrept products sold to another member of the Industry.
W~henl t.he Code Authority requires such filing of prices, each mem-
ber of t~he IndullstryS shall comply~ with the requirement..
SEenow7 2. Every member may be required by the Code Authority
to file? notice of any price changes five days prior to the effective
date.'
~ECTI1ON 37. Such information shall be available to all members
and- to anly interested party.
SECTIO~N -1. Subject to Sect~ions 1, 2, and 3, no member of the In-
dustry\ shall sell or offer for sale any industry products at a price
or prlic~es, or upon terms and conditions, other than stated ini the
pu'blishledl price list and tlhe terms and conditions of sale and changes
thereonl or rev\isions thereof published and filed by such member,
except to, another miember of the Industry.
ARTCLE IX--GENERA-L

SECTIO)N 1. ArtfiCles VII anld VTIII hlereof, and any Trade Practice
Code or 1\lerchan di;sinrr Plani herea after adopted by thle Industry,
with the Adi~ni ist raitorlj~ nl approval, shaill apply to sales for consumnp-
tion in thle Unitedl States, its p~ossessions and ter~ritorieis, only.
SECTION 2. Thle Code Aulthor~ity may investigate and inform the
President or the Admlinistrator, on, behalf of the Indu~str~y, as to
5 see paragraph 2 of orde~r approving this Codle.





518


importations of competitive materials into the U~nit~ed States ini sub-
stantiall quantities or increasing ratios to domestic production, on
such terms or under such conditions as to render ineffective or seri-
ously endanger the maintenance of this Code, and such Code Au-
thority shall make complaint to the Presidenlt or Administrator, on
behalf of the Industry, under thne provisions of Section 3 (e) of the
Act with respect thnereto.
A~RTICL;E X--MODIFICATIONS

SECTION 1. This Code and all the provisions thereof are expr~essly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the ~Act, from timle to
time to cancel or modify any order, approval, license, rule, or Iregula-
tion issued under TCitle I of said Act.
SECTION 2. Such of the provisions of this Code as are not required
to be included herein by the Act may, with the approval of t.he
A~dininistrator, be modified or eliminated in such. manner as may be
indicated by the needs of the public, by changes in circumstances,
or by experien~c~e. AQll the provisions of this Code, unless so modi-
fied or eliminated, shall remain in effect until June 16i, 1935.
SECION3. ioltio byany member of this Industry of a~ny of
Ethe proviionsof thisn bCode or any rules or regulations issued here-
under, or of any approved amendment hereof, is a violation. of this
Code.
~ARTICLE X~I MONOPOLIES

No provision of this Code shall be so applied as to permit mlonop-
olies or monopolistic practices, or to eliminate,- oppress, or discrimli-
nate against smatll enterprises.

ARTICLE XII--PRICE INTCREA~SES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goodls and
services increase as rapidly as wages, it is recognized that price
increases e c~e pt such as may be required to meet individual cost
should Ibe delayed, and when made such increases should, so far as
possible, be limited to actual additional increases in the seller'~s
costs.
ARTICLE XIII EFFECTIVE DA-TE

This Code shall become effective on the second M~cndany after its
approval byr the President.
AppnwedI~~~ Code No. 4003.
Registry No. 1630-06i.














































































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UNIVERSITY OF FLORIDjA
I1I1I 1Ill l l1 111lil II~lli~llllilll l ilill 11lll
3 1262 08850 2652