Code of fair competition for the reclaimed rubber manufacturing industry as approved on April 2, 1934

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Material Information

Title:
Code of fair competition for the reclaimed rubber manufacturing industry as approved on April 2, 1934
Portion of title:
Reclaimed rubber manufacturing industry
Physical Description:
p. 41-54 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Rubber, Reclaimed -- United States   ( lcsh )
Rubber industry and trade -- United States   ( 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:
"Approved Code no. 377."
General Note:
"Registry No. 1632-24."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004921299
oclc - 637153788
System ID:
AA00006845:00001

Full Text






NATIONAL RECOVERY ADMIINISTRATION




CODE OF FAIR COMPETITION




RECLAIMED RUBBER

MANUFACTURING INDUSTRY


UNIlV. OF FL LIB.




U.S. DEPO~tTORYV


I I
For sale by the Superintendent of Documents, Washington, D.O. Price 5 cent


~Approved Code No. 377


Registry No. 1632--24


AS APPROVED ON APRIL 2, 1934


WE DO OUR PARTI


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934
























This publication is for sale b~y the Superintendent of Documents, Government
Printing Office, W'ashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OP THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Oflke Building.
Birmingham, Ala. : 2571 Federal Building.
Boston, Maess.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charle~ston, S.C.: Chamber of Commerce Building.
Chiengo, Ill.: Suite 1700G, 201 North W7ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detrorit, Miich.: 801 First National Bank Building.
Houston, Tex.: Chamlber of Commerce Building.
Indianapolis, Ind.: Chamiber of Commerce Building.
Jack~sonville. Fln.: Chamber of Commerce Building,
Kansas City, Mol.: 1028 Baltimore Avenue.
Los Anlgeles, Calif.: 1163 Bouth Broadway.
Louisville, Ky\.: 408 Federal Building.
M\emphis, Tenn.: 229 Federal Building.
M~iun~neolis, MZinn.: 213 Federal Building.
New Orleansa, La.: Room 225-A. CuLstomhouse.
New\ Yor~k, N.Y.: 734 Custombouse.
Norfo~lk, Va.: 4106 East Plume Street.
Philadelphia. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oregr.: 215 New Post Office Building.
St. Louis, M~o.: 50I0 Olive Street.
San Franelsco, Calif.: 310 Custombouse.
Settle, Waosh.: 809 Federal Office Building.












Approved Code No. 377


CODE OF FAIR COMlPETITION
FOR THE

RE CLAI ME D RUBBER MANUFACTURING
INDUSTRY

As Approved on April 2, 1L934


ORDER

ClODE OF IFaIR COMPETITION FO)R THE REC'LAIM\ED RUBBER MANUFAO-
ToURNo INDUSTRY
An application having been dulyr made pursuant to and in full
comnplianc~e with the provisions of Title I of the N~ational I~ndustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Reclaimned Rubber bMnufacturing Indus-
try, and hearings having been duly held thereon. ancd the annexed
report on said Code, containing findings with~ respect thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of t~he President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority rest.ed in mle by Executive. Orders of the 1Presi-
dent, including Executive Order No. 65-13-A, dated December 30,
1933, andi otherwise; do hereby incorporante by reference said annexed
report and do find t~hat said Code complies in all respects with the
pe~t~inent provisions and w~ill promote the policy and purposes o~f
said Title of saidl Act; andl do hereby order that sanid Code of Fair
Competition be andl it is herebyv approvedl; provided, however, that
the provisions of Article VI, Section 3, insofar as they prescribe a
waiting period between the filing with the designatedd agency and
the effe;ctive date of revised price lists or revised terms and condi-
tions of sale be and they are hereby stayed pendlinga my further~
order either within a period of 60 days from the effective date of
this Code or a ftezr the completion of a, study of open price associations
now beings conducted by the National Recovery Admninistration.
HUou S. JoHNSON,
Addministrator for lIncwstrial R~ecovery.
Approval recommended :
K. MI. SIaresoN,
Dizvision Administrator.
TVASHINGTON, D.C.,


50577"-----482-7~-34


(41)












REPORT TO THE PRESIDENT


The PRESIDENT,
The Whi~Tte House.
SmR: The public hearing on the Code of Fair Competition for the
Reclaimed Rubber M\~anufactur~ringr Industry, submitted by the Rub-
ber Reclaimers Association, 500 Fifth Avenue, New Yorkr, N.Y'., was
conducted in Washington, D.C., on February 8th, 1934, in accord
with the provisions of the National Recovery Act. The Association
claims to represent 90 percent of the Industry.
HOURS OF W~ORK

Under the C~ode no employee (with the exceptions below) shall
work more thian forty (40) hours per week averaged over each six
months' period of any calendar year, and not in excess of fortyV-eight
(48) hours in any one week. For all hours worked in excess of
fortyv (40) hours inl any one wecek or eight (8) hours in any one day,
overtime shall be paid at the rate of time and one-third.
M~aintencilce men, engineers, firemen, electricians, shipping crews,
watchmen, andl elevator operators shall not work more than forty-
eight (418) hours~ in any one week, except in cases of emergency
when overtime shall be paid at the rate of time and one-third.
Accounrting, clerical, office, service and sales employees (except
outside salesmen) are limited- to forty (40) hours per week averaged
over a period of one month but in no ease shall they work more
than forty-eight (48) hours in any one week.
Employees enlgagedi in a supervisory capacity who receive t.hirty-
five ($;35.00) dollars per week or less on a salaried basis, are limited.
to forty (40) hours per week averaged over each six (6) months'
priod, but in no case shall they work more than forty-eight (48
hurs inl any on~e week. Emnployees engaged in any managerial,
executive, supervisory or technical capacity receiving more than
thirty-five ($35.00) dollars weekly and outside salesmen are not
restricted to any maximum hours.
WAGES

This Code provides for a minimum wage of $0.371/2 per hour.
Apprenllltics mayit be: pidl $0.321/2 per hour during a sixty (60) day
apprenticeship. Such~ apprentices"" are;- liiedt five (5%b) percent
of factory employees in any one establishment.
M~inimumls for salaried employees range from $12.00? per week in
towns of less than 2500 population to $15.00 per week in cities over
500,0070. Office boys and girls may be paid not less than 800% of
these minimums but many not constitute more than five percent of the








total office employees in any one establishment. Provision is made
for equitable adjustments of pay schiedules of employees above the
mulmuim.
EC'ONZOMIC E~FFECCTS OF THIE CODE
Reclaimied rubber is a raw material usedl in the manufacture of
rubber products. Its demiandl is based- on the volumne of production
of such products and upon the price of crude rulbber.. 1111en the price
of the latter declines to less than $0.10 per pound dlemand for re-
claimed rubber is severely curtailedl. Consumption of reclaimed
rubber declined fromt 217,000)( long tons in 19293, to 80),800 longs tons in
1933, or 62.'i3%Y. During the same period th~e average wage rate pre-
vailing in the Industryr declined 14.G69. Approximantely twenty-
three hundred (2300) wage earners were emnployedl by the Industry
in 1929, but in 1932 employment had declined 309~ belowT this level.
The maximum hours prescribed in the code should effect the employ-
ment of appr~oximately as many wage e earners as wFere engaged in
1929.
FINDINGS

The Deputy Aldministrator in his final rep-ort to me on said Code,
having found as herein set forth andl on the basis of all proceedingsl
in this matter;
I find that:
(a) Said Code is wFell designed t~o promote the po,~licies and
purposes of Title I of the National Recovery Act, including removal
of obstructions to the free flow of interstate and foreign conunerce
which tend to diminish the amount thereof and wrill provide for
the general w-elfare by promoting the organization of industry
for the purpose of cooperative action amlongr the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present pr'oductive capacity of industries, by avoid-
ing undue restriction of production exceptt as may be temlporarilyI
required), by increasing the consumption of industrial and agrs-
cultural products through increasing pur~chasing power, by reducing~
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normnally emnploys not more than 50,000 emp-
ployees;; and- is not classilled by me as a major industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Se~ction 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is on industrial association truly representative of the
aforesaid Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.






44

()The Code is not designed to and will not eliminate or oppress
salenterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
HUGH S. JOHNSON,
Ad minzie t ator.
PAran 2, 1934.













CODE OF FAIR CO1\IPETITION FOR TH]E RECLAIMED
RUBBER MANUFACTURING INDUSTRY

To effect the policies of Title I of the National Industrial Recov~-
ery Act, the following provisions are hereby established as a Code
of Fair Competition for the Reclaimed Rubber Mranufacturing
Industry, and shall be thle standards of fair competition for this
Indusictry andr bindingr I!-on every memiber thereof.

ARlTICLE 1.
A. DEFINIlTIONS
SECTIOm N 1. The~ termn Reclaimed RubberPI 1\lanulfueltur~ing Inldus-
try or "L Industry as used hlerein, includes the mnanufacture for
sale of reclaimed rubber together with such related branches or sub-
divisions as miay from time to time be included under the provisions
of this Code by the President or the Administrator, after such
notice and hearing as he may prescribe.
SECTION 2. The termn "member of thle Industry includes, but
without I~mitation, any indindual, partnershiip, association, corpora-
tion, or other form of enterprise or any subsidiary or atffiliaite of
thle same engaged in the IndustryS, either as an employer or on his
or its ow~n behalf.
SECTION 3. Th~e term member of the Code inclluds any member
of the Indlustrg who shall expresslq signify assent to this Code.
SECTION 4l. The termn employee as used herein includes anly and
all persons engaged in the Industry, however comnpensated, except a
member of thle Industry.
SECTION 5. Thle term "Association as used her~ein :means the Rub-
ber Reclaimers Association, Incorp~oratedl, a nonprofit-sharing cor-
poration organized under the laws of the State of New York.
SECTION 6. The ter~m President ", "Act", and L"Admlinistrator "'
as used h~er~ein mnean, respectively, the )Preside~nt of the United States,
Title I of the National Industrial Recovery Acet, and the Admin-
istrator for Industrial Recovery.
SECTION T. Population for the purposes of this Code shall be deter-
mined by reference to the latest Federal Censuls.

ARTICLE II:
A. ADMINISTRATION
SECTION 1. There is hereby constituted a Code Authorit~y, consist-
ing of three persons, who shall be selected by a majority vote of the
members of the Code in numbers and in volume of sales, exc~ludinea
any sales made to subsidiary or affiliated companies. The Admin-
istrator, in his discretion, may appoint not more than three addi-








tional members (without vote) to represent the Administrator with-
out expense to the ]Industry.
(a) One alternate shall be selected for each member of the Code
Authority, withl full power to vote in the absence of his principal.
Such alternates shall be selected in the same manner as their prin-
cipals.
(b) N~o two members of th~e Code Authority nor their alternates
shall be affliated with any single member of the Industry.
(c) In orders that the Code Authority shall at all times be truly
representative of the Industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he mlay deeml proper; andt thereafter ifY he shall find that the
Code Authlority is not truly representative or does not in other
respects comiply wlith the provisions of the Act, may require an
appropriate m~odification in the method of selection of the Code
Authiority.
(d) Should anyr matter come before the Code Authority which
specifically involves acts, conduct, or the interest of a member of the
Industry with whichi any member of the Codle Authorityv is asso-
ciated, or employed, such member of the Code Authority shall be
disqualified to act in such matter. The designated alternate shall act
in place of the disqualified member of the JCode Authority.
SECTION 2. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall (a) impose no inequitable restrictions on membership
and (b) submiit to the Aldministrator true copies of its articles of
association, by-law~s, regulations, and any amendments when made
thereto, together' with such other information as to membership,
organization, anid activities as the Administrator may deem neces-
sary to effectulate the purposes of the Act.
SECTION 3. The Code A~ut~hor~it shall have thle duties and power
prescribed in this Code, including the following:
(a) To insure thle execution of the provisions of this Ciode and
provide for thle compliance of the Industry with the provisions of
the Act.
(b) To adopt by-la ws, rules and regullations for its procedure and
for the administration and enforcement of theCoe Any such
by-lawfs, rules and regulations shall be reported to the Administrator
immediately upon adoption thereof.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code, and
to provide for submission by members of such information and re-
ports as thle Administrator may deem necessary for the purposes
recitedt in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such administrative and/or gov-
ernment. agencies as the Administrator may designate; provided,
that nothing in this Code shall relieve any member of th~e Industry
of any existing obligations to furnish reports to any government
agency. No individual reports shall be disclosed to any other mem-
ber of the Indlustry or to any other party except to such govern,-
mental agencies as may be directed by the Administrator.








(d) To use such trade associations andr other ,7agncies as it deems
proper for the carryingr out. of any! of its activities provided for
herein, provided that nothing heremn shall relieve thle C'ode Authority
of its duties or responsibilities und-er this C~ode andi that such trade
associations and agencies shall at all times be subject. to and comply
with the provisions hereof.
(e) To makte recommlnendrations to thie Adlministrantor for thle coordli-
nation of this Codle wTith su1ch other codles as- mayl be relatedl to thie
Industry.
(f) To secure from members of the Code an equritable andl propor-
tionate payment~ of thie reasonable expe~n~es of miaintainin g the ('ode
Authority and its activities.
(g) To cooperate w~ith the Adlminisiltrato in regullating th~e use
of any N.R.A. insignia solely by those mnelberss of the Industry who
have assented to and ar~e complying with this Cod~e.
(h) To recommend to the Admninistrantor fur~ther fair trade prac-
tice provisions to govern mlembers~ of the Industry~ in their relations
with each other or w~ith other trades or indlustries.
(i) If the Adlministrator shall dletermnine that any action of the
Code Authority or any agency thereof may be unfair or unjust or
contrary to the public interest, the Adm~linisrtrator miay require thatt
such action be suspended to accord an oppor~tunity for invesbi~tigaio
of the merits of such action and further consideration by the Code
Authority or agency pending final auction which shall nlot be effective
unless the Administrator approves same or unless he shall fail to
disapprove same after thirty days notice to himn of the intention to
proceed writh such action in its original or modlifiedl form.
SECTION 4-. The Association is hereby desiginated as the agency
for the collection of statistics, data, reports, and information under
the. Code.
(a) Every member of the Industry shall prepare and file w~ith
the Association, at such times and in such manner andl form as the
Code Authority may designate such information andl reports perti-
nent to the operation of this Code as the Administrantor may from
time to time require. Such -reports and :or record-s may be either
sw~orn or unsw-or~n as required.
(b) Any~ refusal or persistent or deiberate neglect by any memi-
ber of the Indusctr~y to file or furnish information reqluir~ed under this
Article shall constitute an unfair trade practice andi a violation of
this Code.
SECTION 5. Each member of the Code shall be entitledl to parti-
cipate in the activities of the Code Authority in connection with the
administration of t~he Code. Any other memnber of t.he Indcustry miay
become entitled to participate by becoming a mrember of the Codle.
Each1 member of the Code shall bear an equitable share of the cost
of maintenance of the Code Authlority, either by becomingr a member
of t~he Association, or by paying to the Association a sumn equal to
his reasonable proportionate share of t~he expenses incurred in the
administration of this Code, as dletermlinedl by the C'ode Au'l ority,
subject to approval of the Administrator. The Association, as a.;
disbursing agency, shall defray the expenses of the administration
of this Code incurred by the Cobde Authority.








ARTICLE 111.
A. IN'DUSTRIAL RELATIONS POLICIES

SECTION 1. Employees shall have t~he right to organize and bargain
collectively 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 designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collect~ive bargaining or other mutual aid or protection.
SECTION 2. No employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to reframn fro~m oininng, orrgan~izng, or assisting a labor orgamiza-
tion of his own choosing.
SECTION 3. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SECTION 4. No person1 under 10 years of age shall be employed in
the industry. Noa person under 18 years of agae shall be employed
on any manunfacrturingr operations involving mills of any types,
strainers, or debeaders.
SCECTION 5. Every employer shaUl make reasonable provision for
the safety and health of his employees at. the place and during the
hours of their employment.
SECTION cj. No employer shall re-classify any employee or the
duties of occupations performed or engage in any other subterfuge
for the purpose of defeating the purposes or provisions of the Act
or of this C~ode.
SECTION T. No provision in this Code shall supersede any State or
Fedleral law which imposes more stringent requirements on employers
as to age of employees, wages, hours of work or as to safety, health,
sanitary or general working conditions, or insurance or fire protec-
tion, than are imposed by this Code.
SECTION 8. Every member of thle Industry shall post in conspicuous
places in all departments of his establishment or establishments
copies of Articles III and IV of this Code.
ARTICLE IV
A. HOURS

SECTION 1. Except as herein otherwise provided, no employee shall
be permitted to worked in excess of 40 hours per week, averaged over
each six months' period of any calendar year, provided that no such
employee shall be permitted to work more than 48 hours in any one
week. For all hours worked in excess of 40 hours in any one week, or
eight hours in any one day, overtime shall be paid at the rate of
time and one third. It is the intent that the hours worked by em-
ployees in any one day under this Section shall be consecutive, except
that reasonable. provision may be made for eating period.
SECTION 2. Rfaintenance mien, engineers, firemlen, electricians, ship-
ping crews, watchmen, and elevator operators shall not be permitted
to wiorki more than 418 hours in any one weekr. Provided, however,
that this limitation of hours shall not apply in cases of emergency,








involving breakdown and dangers to life and property, but in such
cases all hours worked in excess of 48 hours in any one week, shall
be paid for at the rate of time -andi one-third.
SECTION 3. Except as herein otherwiepr ovided accou~l rlnting, eleri-
cal, office, service and sales emnployees shall not. be permitted to work
in excess of 40 hours per week averagredl over a period of a month,
nor more than 48 hours in any one week.
SECTION 4. EmIplo~ees engaged in a supervisory enpacity in factory
operations who receive $35.00 per week or less onl a salaried basis,
shall not be permitted to work in excess of 40O hours per week,
averaged over each sixr months' period of any calendar year, provided
that no such emlployee shall be permnittedl to work more than 48 hours
in any one week.
SECTION 5. The maximum hours fixed- in Sections~ 1, 2, 3 and 4 shall
not apply to employees in any managerial, executive, supervisory,
or technical enpacity and to employees on their immediate staffs,
provided they, regularly receive more than $3;5.00! per week; nor to
any outside salesmen.
SECTION 6. No emnploy~er shanll knowingly permit any employee to
work for any time which, when totaled withl that, already performed
with another employer or employers in th~is industry," exceeds the
maximum permitted herein.
B. WAGES

SEcTION 1. Except as hereinbeloiv otherwise prov-idedt no employee
shall be paidl in any pay' period less than at the rate of thirty-seven
and one-half cenltS (03 per hour. Apprlentices, dlurinlg an
apprenticeship of not more than sixty dlays, mnay be paid not less
than at. the rate of t~hirty-two and one-half cents ($0.321e) per hour.
Such apprentices shall be undlerstood as persons having less th~an
sixtyt day-s previous experience or employment in the Industry and
shall not constitute more than 5%r of the factory employees in the
employ of any member of thle Industry. Providedl, h~owe\er! thant if
any member of the Ind-ustry finds suchI restriction to 5% too stin-
gent such member may appeal to the Administrator w\ho mnay grant
an exception.
SECTION 2. NO Salariedl employees shall be p~aidl less than at the
rate of:
$15.00 per week-In cities over 500,000 popullation or in the
immediate trade ar~ea of such a city.l
$141.50 per week-In cities between 250,000 andl 50.000 popu-
lation or in t~he immnediate trade area of such n city.
$141.00 per week--In cities between 2,500 andl under 250,000
population or in the immedliate trade area of such a city.
$12.00 per week-In plinces not covered by the preceding pro-
visions of this Seiction 2.
(a) Office girls eand boys may be paid at a rate of not less than
80%~ of the above minimlum; providled that the total number of such
office girls and- boys in the employ of any mem~ber of the Industry
shall not exceed 5%rc of the total number of employees covered by
this Section 2 in the employ of such member. Each member of the
Industry, however, may have at least one such employee.








SECTION 3. A person whose earning capacity is limited because
of age, physical or mental handicap may be employed on light work
at a wage below the minimum established by this Code if a member
of the IndustryS obtains from the State Aluthority designated by
the United States Department of Labor a certificate authorizing such
person's employment at such wages and for such hours as shall be
stated in the certificate. Such authority shall be guided by the
instructions of the U. S. Department of Labor in issuing certificates
to such persons. Each member of the Industry shall file monthly
with the Code Authority a list. of all such persons employed by him,
showing the wages paid to, and the maximum hours of work for
such employees.
SECTION 4. Female employees performing substantially the same
work as male employees shall receive the same rates of pay as male
employees.
SECTION 5. Article IV-B establishes minimum rates of pay which
shall apply whether an employee is actually compensated on a time
rate, piece work, or other basis.
SECTION G. Equitable adjustments in all pay schedules of em-
ployees above the minimum shall be made within thirty (30) days
after the approval of this Code, byr any members of the Industry
who have not heretofore made such adjustments and the first monthly
reports of wages required to be filed under this Code, shall contain
all wage adjustments made since 1\lay 1, 1933.
ARTICLE V
A. COMPLAINTS AN`D APPEAL

SECTION 1. Any interested party shall have the right of complaint
to t~he Codte Aut~hority and prompt hearing and decision thereon,
under such fair procedure as it shall prescribe, in respect to any rule,
regulation, order, or finding made by the Code Authority.
SECTION 2. Any interested party shall have the right of appeal
to the Administrator under such procedure as he shall prescribe in
respect to any decision, rule., regulation, order, finding, or omission
to act by the Codle Authority.

ARTICLE VI
A. COSTS AND PRICES

SECTION 1. The Code Authority shall cause to be formulated an
accuntngsystem and methods of cost finding and/'or estimating
acapable of1n use by all members of the Industry. A after such system
and methods have been formulated and approved by the Adminis-
trator, full details concerning them shall be made available to all
members. Thereafter all members of the Industry shall determine
and,'or estimate costs in accordance with the principles of such
methods.
SECTION 2. No member of the Industry shall sell or exchange any
products of his manufacture at a price lower than his own cost
determined in accordance with the above accounting system and








methods of cost finding, except as herein provided, or to meet th1e
competition of a lower cost competitor.
(a) Obsolete and discontinued products may be disposed of by;
any member of t~he Industryv in such manner andl on suchl terms and
conditions as said member may desire if saidl member files with the
Code Authority notice of his intention t~o sell sulch products together
with the terms and conditions of the proposed sale, Inot less than two
weeks prior to said sale, and if th~e C'ode Author~ity does not within
such two week period disapprove such proposedl ~sle.
(b) In the event that the price of crude rubb~er on t~he Nuew -York
market should drop to such a point that. mlemlbers o~f the Industry
become unable to sell reclaimed rubber except at a pr1ice below their
own individual costs, the Adminilstrator, upon application of the
Code Authority with the approval of 7i5%; of the members of the
Code, shall temporarily stay the operation of Secrtion 2 of thiis
A article.
SECTION 3. Wit~hinn thirty days after the apprioval olf this Codle
every member of the Indul~stry shall file withi the A~ssociation colm-
plete schedules of his prices, terms, discounts, andl conditions of
sale for any products of the Industry. Thereafter, no member of
the Industry shall sell any product at. prices lowecr or on termis more
favorable than the prices and terms filed as aforesaid, unless he shall
first file revised schedules of his prices, terms. discounts and condi-
tions of sale, which changes shall become effec~tive ten~ days after
their filing.
(a) The Association shall, promptly after receipt of such revised
schedules and terms, notify all members of the Indlusitry~ affected.
Such members may thereupon file with the Association revisions of
their schedules and terms~i which, if filed prlior to thle date w~hei thze
revised lists and terms first filed shall go inlto- effect! may become
effective on said date.
(b) All schedules failed with the ASssoc~iation shall be open to in-
spection at all reasonable times by any miem~ber of the Industry, or
by any customer or prospec~tive customer.'
ARTICLE VII
A. TRADE PRACTICES

SECTION 1. No member of t~he Indlust~ry shall sell or offer for sale
any reclaimed rubber, except under a firm sales contract which shall
specify a definite quantity to be delivered over a specified period of
tim~e. Nor shall any member guarantee any customer against price
declines.
SECTIO)N 2. After th~irt~y days from the date of approval of this
Code, no member of the Industry shall sell or ship any products of
the Industry on consignment, except under circumstances to ~be
defined by the Code Authority.
SECTION 3. A~ll shipments shall be made f.o.b. mecmber's factory
or warehouse. Freight may be allowed to customrer-'s receiving point
but such freight shall not be prepaid.
IBee paragraph 2 of order approving this Code.








SECTION 4. The Code Aut~hority shall make studies for the estab-
lishment of classifications and adequate descriptions of the products
of the Industry in order to minimize any unfair practices which
may exist as to the specifications and values oilered or sold in the
various grades. The Code Authority may appoint a Technical Com-
mittee to assist in the formulation of such classifications and descrip-
tions, which shall be submitted to the members of the Code for their
approval. After approval by members of the Code and the Code
Authority and upon approval by the Administrator, after such no-
tice and hearings as he may deem necessary, such classifications and
descriptions shall become the standards for the Induistry. There-
after, no member of the Industry shall sell reclaimed rubber of
higher quality than any defined in the established classifications
except a~t a proportionately higher price than his price currently on
file for said established classifications annd descriptions, which pro-
portionately higher price shall truly reflect the increased cost of
such higher quality product.
SECTION 5. No member of the Industry in purchasingnycm
modity from a customer shall pay a price in excess o h rc
currently being charged by said customer to purchasers of the same
class as that member, to influence thle sale of reclaimnedl rubbe~r.
SECTION 6. No member of the Industry shall use advertising
(whether printed, radio, display, or of any other nature) or other
representation which is inaccurate in anly material particular or
which refers inaccurately to competitors or their commodities, prices,
values, credit terms, policies, or services. No member shall, in any
way, misrepresent, any commodity (including its use, trade mlark,
grade, quality, quantity, origin, size, specifications) or credit terms,
values, policies, services, or the nature or form of the business
condu cted.
SECTION T. No member of the Industry shall use advertising or
selling methods or credit terms writhi the purpose or effect of deceiv-
ing or misleading a customer or prospective customer, in any miate-
rial particular.
SECTION 8. No member of the Industry shall publish or circulate
ulnjustified or uinwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
customers.
SECTION 9. NTo member of the Industry shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount or excess allowance, whether in the form of money
or otherwise; nor shall a member secretly offer or extend to any
customer any special service or privilege not extended to all such
member's customers of the same class.
SECTION 10. No member of t~he Industry shall give, permit to be
given, or directly or indirectly offer to give anything of value for the
pu rposec of influ~nci ng or rewa rdi ng the auction of any employee, agent
or representative of another, in relation to the business of the em-
ployer of such employee, or the principal of such agent or the
represented party, without the knowledge of such employer, principal
or party.
SECTION 11. No member of the Industry shall, directly or indi-
rectly, give or permit to be given, or offer to give, money or any-









thing of value to any customer or prospective customer, or to any-
one else, upon the instigation and for the benefit of any customer
or prospective customer, to induce such customer or prospective cus-
tomer to purchase any products of the Industry from such members.
The provisions of Sections 10 anid 11 of this Ar~ticle Ihall not be con-
strued to prohibit free and general dlistr~ibution of articles coiinuonly
used for advertising except so far as such articlesa are actuallyg used
for commercial bribery as hereinabove defined.
SECTION 12. NO member of the Industryr shall secure confidential
information concerning thie business of a competitor by a false or
misleading statement or reprlesenta7tionll, by a false imnpersonatio n
of one in auth~ority, by bribery, or by any other unfair method.
SECTIONV li, NO Inemnber of the: Indlustry~ shall induce or attempt
to induce the breach of an existing contract between a competitor
and his customer or source of supply~; nor shall any suchl member
interfere with or obstruct the performance of suchi contranctual duties
or services.
SECTION 14. No member of the Industry~ shall branlld o' mar~k or
pack any commnodity in any masnner with t~he purpose or effect of
deceiving or misleadling purchasers in any mnaterial particular withi
respect to the brand, gra~de, qualityv, quantity, origin, size, or spec-
ification of such commodity\.
SECTION lI. NO member of the Industryr~ shall wTithhold from or
insert into any invoice any statement wrhich would make the in-
voice a false record, wholly or in part, of the transaction to whlich
it refers, or make any3 arrangement which~ contemiplates pamnentt
or settlement contrary to the face of th~e invoice.
SEOTION 16. No member of the Industry shall imitate the trade
mark of a competing mlember.

ASRTICLE \VIII
A. MONOPOLIES

SECTION 1. No provision of this Code shall be so construed or
appliedl as to permit monopolies or monopolistic practices or to
eliminate, oppress, or discriminate against small enlterprises.

ARTICLE IX

A. EXPORTS

SECTION 1. The provisions of this Code now or hereafter adopted.
with regard to prices, discounts, deductions, allowannces, extras, com-
missions,, or methods andl.'or terms of sale shall niot apply to d~irect!
export sales, or sale to domestic agents for export only.
ARTICLE 1
A. RE1TSIONS AN D MODIFICATIONS

SECTION 1. This Code andi all the provisions thereof are expressly
made subject to the right of the President, in accor~dance w~ith the
provisions of Subsection (b) of Section 10 of the Act, from time to




UNIVERSITY OF FLORIDA

54 3 1262 08728 5762

time to cancel or modify any order, approval, license, rutle,.or regu-
lation issued under said Act' and specifically, but without limitation,
to the right of the President to cancel or modify his approval of
this Code or any conditions imposed by him upon his approval
thereof, as changes in circumstances or experience may indicate.
SECTION 2. Such of the provisions of this C~ode as are not required
by the Act to be included herein may, with the .approval of the
President or Administrator, be modlified or eliminated as changed
circumstances or experiences mnay indicate. It is intended that add~i-
tions to this Code applicable to all members of the Industry may be
submitted to the Administrator for approval, as provided in Ar'ticle
XI of the Code.
SECTION 3. If any member of the Industryi ieieeggdi
part in any other industry or trade, this Code shllkws applye onlyt
such of the activities of said member as are comprehended within
the Reclaimned Rubber Mannufacturing Industry.

ARTICLE 11

A. ADDITIONS, ALTE~RATIONS, AND AMENDMENTS
SECTION 1. The Code Authiorityv, with the approval of the majority
of th~e members of the C~ode in number and in volume of sales (ex-
cluding any sales made to any subsidiary or affiliated companies) i
miay recommend to the Aldministrator any addition, alteration or
mlodification of this Code. Upon approval by the Administrator,
a after such notice and hearings as he may prescribe, thie same shall be
bindin as a p ~art. of this Co~de.

ARTICLE $1l[
A. EFFECTIVE DAT`E AND TE;RMINATION
SECTrION i. ThilS Code shall become effective on the second Monday
after it shall have been approved bsy the President of the United
States. It shall continue in effect until June 16, 1935, or until such
time prior thereto when the President shall, by proclamation or the
Clongaress shall by joint resolution, declare that the emergency recog-
nized by Section 1 of the Act has ended.
Approve~d Code No. 377.
Registry No. 1632-24.