UNIV. OF FL LII
CUMS ENTS';~' DED RPR
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For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
GOVERNMENT PRINTING OFFICE
NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR C OM PETITI ON
AS SUBMITTED ON AUGUST 26, 1933
REGISTRY No. 712 1 01
The Code for the Candle M~anufacturing Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
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CODE OF FAIIR COMPETITION SUBMITD BY THE
CAND)LE MANUFACTURERS' ASSOCIATION
Anncon 1 -PURPOSES~
This Code is adopted pursuant to the provisions of Title 1 of
the National Industrial Recovery Act, to effectuate the policy of
Congress as announced in said Act, and in particular to elimiate
unfair competitive practices, to reduce and relieve unemployment,
and to improve the standards of labor in the industry.
The term Association "' as used herein means "The Candle Mblanu-
The term "L Industry "' as used herein means the manufacture and
marketing by the manufacturer of candles of all descriptions in
the United States.
The term "' Manufacturer as used herein means any person, ~firm,
corporation, or association operating a plant or plants for the pro-
duction of candles of any description in the United States.
ARTICLE III--PARTICIPA ON
This Code is accepted by the Imembers of the Association, or-
ganized under a Constitution and By-L~aws adopted June 29, 1933.
Thbe association includes over 90%c of the total production of candles
in the United States.
A. Thzis code shall be administered by the Executive Committee
of the association, whr~ich shall have all the powers conferred by thiis
code and generally all such other powers and duties as shall be
.necessary to enable it fully to administer this code and effectuate
B. I~n particular the Executive Commttee shall have power:
1. TCo adopt. ues and regulation for the enforcement of this
2. To entertain and hear complaints against any manufacturer
arising out of any violation of this code or of the National Indus-
trial Recovery Act in connection therewith.
3. To initiate and conduct proceedings before the proper tribunals
or governmental agencies for the prevention or punishment of any
and all violations of this code or of the National Industrial RecovFery
Act in connection therewith.
4. To supervise the operations of all manufacturers in respect to
this code, and to that end to require all manufacturers to furnish to
the Business Manager periodically, or from timei to time as it shall
direct, and in such form as it shall prescribe, such information con-
cerning capacity, production, cost, shiipments, sales, unfilled orders,
hous o laorrats o waescredit information, andl such other
information as the Executive Cmitesalde eesr o
the proper admlinistrat~ion of this code. All such information re-
ceived byT the Business Ma~nager shall be kzept confidential except
where such information discloses a violation. of this code or of the
National Industrial 1Recovery Act in connection therewith.,
5. TIo make such surveys and compile and publish such reports in
summary formn as it shall deem proper and for the best interests of
.6. To consider proposals for amendment of this code, and to submit
the same to the association for adoption at regular or special meetings
of the association, in accordance with the Constitution and By-Laws
7. TCo appoint from time to time such subcommittees as it shall
deem nececssaryr and proper in order to effectuate thre purposes of
this code, and to delegate to any such subcommittee generally or in
prticular instanceslsuch of the powers and duties of thle Execut~ive
Commttee under this code as mnay be necessary to accomplish the
purpose of such subcommnittee.
8. To retain counsel, to employ such accountants, experts, and
agents as may be required for the proper administration of this code,
and to fix their compensation.
C. Tlhe S~ecretary of the association shall act as Secretaryr of the
Executive Committee. H-e shall keep all thre records of the 'Executive
Committee in connection with the administration of this code.
D. The Treasurer of the association shall act as 'lTreasurer of the
Executive Committee. Under the direction of the Executiv8e Coma-
mittee he shall have charge of all funds collected in the~ administra-
tion of this code. H~e shall keep proper books of account showing
the receipt and disposition, thereof.
E. Thne Business ~Manager, under the direction of thle Executive
Committee, shall obtain from all manufnetul~rer and shall collect
such reports, data, statistics, or other info~rmantio nl as mlay be re-
quired by the Executive Commiittee, anld shall mnainitain a survey
of the op~eratio~ns of all the :imanlufactul~rer under thiis code. In.
connection therewith, thle Business M~anager shall havPe access to
the books, am~ounts, and records of all manufacturers, and may
catuse an. audit thereof to be made whe~neverr the Executivre Com-
mittee shall dlirect., after due hleal~rin upo~n r~equest. is accorded to
the ma~nufactur~re or manufacturers c~onc.erned.~ The Business Mian-
ager shall report to the Prsc~identll of the Unitedl State~s and to the
Executive Conunlifttee' all wvillful violations of this codle. Failurie
of any manufacturer to furnish~ prompytly to t-he Business Manauger
the :informal~tionl requllir'ed by7 the E5xecutive Conunllittee, and in the
formi prescrijbed, shall I.conktitulte a vio~latior n of thiis code.
F. Thie expense of administatratio of this codle shall be bornle by
thle memiber~s of th~e association. TChe Exsecutive Committ~ee miay
from time to timert levy ?ruchI assessmlenlts onl ac~ounlt of such~ expenses
on the members of the association ars it shlall deemn proper, and
such assessments shall be p~ayable as the~ Execut~ive Committee shall
specifyr. Such assessments shall be levied on the members of the
associaton in t eprportion ascertained as provided in Section5
the association to pay the amount of any assessment properly levied
against such member as aforesaid, for a period of ninety days after
the date onl which such assessment shall become due, shall constitute
a violation of this code.
ARTICLE V--LABOR PnovisIows
A. In conformity with Section 7 (a) of Title 1 of the National
Industr~ial Recovery Act, the following provisions are incorporated
in this code:
1. The employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restr~aint, or coercion of emnployers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
2. That no employee and no one seeking employment shall be re-
quired as a condition of employment to jomn any company umion
or to restrain fromn joining, organizing, or assisting a labor organ-
izationl of his own choosing; and
3. That employers shall comply with the mnaximnum hours of
labor, minimum rates of pay, and ot her conditions of employment,
approved or prescribed byp the President.
B. It is clearly understood that the foregoing does not impair
in any particular the constitutional rights of the employee and
employer to bargain individually or collectively as may be mutually
satisfactory to thema; nor does it impair the jomnt right of em~ployer
and employee to operate an open shop.
C. Nothmng in this code is to prevent the selection, retention, and
advancement of employees on the basis of their individual merit,
without regard to their affiliation or nonaffiliation with any labor
D. The right of individual or collective bargaining guaranteed to
labor hereunder shall not include the right to bargain or demand
as to methods, machines, and processes used or to be used in any
plant or plants of the industry. o eiiat aorepoydi
E. No manufacturer shaldipceoelmntlbrepoedn
the industry, by the importation of competitive articles into the
United States, and, if the importation of competitive articles in sub-
stantial quantities or increasing ratio to domestic products takes place
on such terms or under such conditions as to offset the benefit, render
ineffective, or endanger the purpose and maintenance of this code, the
Executive Committee shall act as an agency for making complaint
to the President on behalf of the industry, under the provisions of
the National Industrial Recovery Act with respect thereto.
F`. On and after the effective date of this code, no manufacturer
shall employ abny minor under the age of sixteen years.
G.$ On and after the effective date of this code, the minimum
wage for male labor in all plants of the industry shall be forty cents
an hour, regardless of whr~ether the employee is compensated on the
basis of a time rate or on a piece-work performance.
H.~ On and after the effective date of this code, the minimum
wage for female labor in all plants of the industryV shall be thirty
cents an hour, regardless of. whether the employee is compensated.
on the basis of a time rate or on a piece-work performance.
I. On and after the effective date of this code, except as provided
in section J hereof, manufacturers shall not cause or permit any
employee in any plant or plants under their operation or control to
work more than forty hours a week, nor more than, eight hours in
anly one day.
J. The provisions of Sections I hiereof shall not apply to foremen,
engineers, firemen, w~atchmen, emergency repair crews, or persons
receiv-ing over $35.00 a week;.
]K. The proviisions of Sections G, HI, I, and J hereof shall be posted
by each manufacturer in every plant under hlis or its operation or
control, in easily legible form and in such conspicuous position that
it canl be readily seen by the employees.
ARTICLE VI. TRAD~E PRACTICES
A. For all purposes of this code, the~ following shall constitute
ulnfair trade practices:
1. ]False marking or branding of, or failure to mark or brand,
products of the ind:ustry, or sale thereof.
2.Main, pain,! or p>'romisinlg to anly p~urchas~er or prospective
purchaser of any product, or to any officer, employee, agent or rep-
resentative of any purchaser or prosp~ective pur'haser., anyI rebate,
refund, or commllission; anly -unreasonable discount or termls of sale;
any unreasonable do~natio~n, gift, or grlatuity, whether in the form
of money or othlerwise; or extendling to c~elrtain purchlaser~s special
terms, services, or privileges, not exten~ded to all purchasers under
3. Rendler~ing to anly pu1rchaser of any product in or in connection
with the sale of such plrodnel~t any servicel. unlessi fair compensation
for such service sha~ll hre panir by sulch pur~chaser.
4. Cancelling in. whlole or in p~art, or permiittingr the cancellation
inl whole or inl part, of anly contract of sale of any prIodulct. except
for a fair considleratio~n; or allowing to any13 purdhaser inl connection
wpith the sale off any p~~~rodct anly cr~edit, dliscount, o.r cloncessionl not
specifiedl in the co~ntrntc~ of salle.
5. The aibu e of buy~ing power to force unerc~nolnmic or unjust terms
of sale upon sellerIs, and the abuse~ of selling power to force uneco-
6. Procuring, ot~herw~ise. than with the consent of any manufacturer,
any inlformrationr concerning the business of such manufacturers which
is properly regarded by it as a trade secret or confidential within
its organization, other than information relating to a, violation of
any provision. of this code.
7.Dissemninating, publishing, or circulating any false or mislead-
ing information relative to any product or price for anly pr1odluct of
any manufacturer, or to the credit standing or ability of anly
manufacturer to perform any workr or manufacture or produce any
product., or to the conditions of employment among the employees
of anyJ manufacturer.
8. Inducing or attempting to induce by anyr mneans any party to
a contract with a manufacturer to violate such contract.
9. Aiding or abetting any person, firm, association, or corporation.
in any unfair practice.
10. Making or griving to a~ny purchase~r of atny: product any guar-
anty or protection in any form against decline in the market price
of suchl pr~oduct.
11. Stating in the invoice of any product as the date thereof a
date later than the date of the shipment of such product, or includ-
ing in any invoice any product shipped on a date ear~lier than the
date of such invToice.
12. Any violation of any other provision of this code whether or
not therein expressed to be! such, or using or employing any practice
not herein described, which the Executive Commrrittee by majority
vote shall declare to be a practice that would tend to defeat the pur-
pose of Title I of the National Industrial Rtecovery ALct, and, thecre-
fore, an unfair trade practice, if and when the same shall be ap-
proved by the President of the United States.
B. Every manufacturer shall use an adequate cost accounting s~ys-
tem and one which may be prescribed by the association. It is also
agreed that no manufacturer shall sell below a reasonable cost; that
is to say, a cost which includes all the factors of cost, arrived at by
a systems of formulas established by the association.
C. No manufacturer shall ship or deliver to any person, firm, or
corporation any goods on memorandum or consignment, or by any
transaction other than a sale.
D. No merchandise purchased and shipped in good faith alnd in
accordance with the buyer's specifications may be returned for
credit by any purchaser, or if returned, such merchandise shall not
be accepted for credit if same shall have been retained by the pur-
chaser for more than 10 days.
E. No manufacturer shall cause or permit any part of the wcork
of the production of candles to be performed at any p~lace other
than his or its fac~tory3 premises, or those of another li: runnfn~~~leture
F.` No person, firm, association, or corporation not engaged in
the industry on. the effective date hereof shall th~ereafter enter the
industry, except with the approval of the executive committee.
G. On and after the effective date of this code, no malnlufacturer
shall commence or resume production. of anyT character, design, or
type of candle not actually manufactured byT it during the period of
eighteen months preceding July 27, 1933. The foregoing shall not
prohlibit the introduction of newi designs in existing lines.
H. On and after the effective date of this code, no manufacturer
shall increase the productive capacity in pounds of candles of any
plant, including that of unused machinery owned by the manufac-
t~urer, beyond such capacity as recorded on July- 27, 1933, except with
the approval of the Executive Committee.
I. No manufacturer shall adopt or follow any trade practice
which shall be inimnical to public welfare, to small enterprise, to
labor, or to employer.
AnacLE VII[- r-ENERAL,
A. No provision in this code shall be interpreted or applied in
such manner as to promote monopoly; promote or enco-urage unfair
competition; eliminate or oppress small enterprise, or discriminate
against small enterprise.
B. The Pr~esident of the U~niteid States may fromn time to time
cancel or modify anyT order, approval, license, rule, or regulation
issued under T'itle I of the National Industrial Recoveryr A~ct or
under this code or any amendments thereof.
C. Amnendmnents to this code may be proposed by any member of
the association, and such amendments when adopted by a majority
vote of the association shall become effective if, and when, approved
thereafter by the President of the United States.
D. Violations byr any manufacturer of any privilege of this code,
or of any rule or regulation promulgated by the Executive Commlit-
teeundr te owers conferred by this code shall constitute a viola-
and subject to the penalties provided by the National Industrial
]E. In the event that any provision of this code mayS be held in-
valid or mnay be disapproved, such action shall not in any way
affect any of the other provisions hereof.
]F. This code shall become effective immediately after it is ap-
proved by the President of the United States.
THEJ CANDLa MANU~FAPCTUR AssocIATIONs,
Aulgust 8thi, 1~988.
In accordance with Article 4, Section A, subdivision 1 of the code, the
Executive Commrittee hereby promnulgates the following regulations in regard
to trade practices which will apply to the church-candle division of the industry.
Annlaunr VI, A
Sao. 2. No cash or merchandise rebates of any formz whatsoever are allowed.
This is interpreted to mean that the free distribution of Paschals, Triples, or
other merchandise as premiums or otherwise shall be discontinued.
No Votive Stands or Glasses shall be distributed as premiums.
No advertising or donation in excess of $10 per year to any account in the
formn of tickets, money, or merchandise shall be allowed. The authority to
make donations of this kind should not be given to salesmen, but should be
retained by sales executives and used only in exceptional cases.
Ternes.-Candlemas terms include full year's requirements. On orders for
Votive Candles, Votive Lights, and Sanctuary Candles other than the Candlemas
order, terms will be 2%1 eash discount 10 days, 90 days net.
APPLICATION\ TO` THRE: PRIESIDEiNT OF T`HE UNITED STATES FOR
APPROVAL OF A CODE OF FAEIR COMPETITION FOR THE CANDLE
MaANUFAlCTURtING INDUSTRY U]NDEIR TITLE I, SECTION 3, OF" THElG
NATIONAL INDUSTRIAL RECOVERY ACT
The attached code and supplementary data are submitted on behalf of The
Candle Manufacturers Associatioon, which is composed of manufacturers pro-
ducing approximately 90%L~ of the candles made in the United States.
This A8ssociation. imposes no inequitable restrictions on admission to aema-
bership therein, and is truly representative of the national candle industry.,
The Code is not designed to promote monopolies or to eliminate or opprss
small enterprises, will not operate to discriminate against them, and will
tend to effectuate thze policy of Title I of the National Industrial Recovery Act,
Duly authorized representatives of the members of the Atssociation at a
meeting in New York City on July 27th, 1933, authorized the executive com-
mittee of the Association. to act in all matters pertaining to the form and
substance of the code, and to present the code to the President for approval.
The code provides for a 15%0 shortening of weekIly hours from the average
prevailing over the past five years. On the basis of 1928 figures this will
mean an increase of 20%~ in, employment. The minimum, wages provided are
in accord wiith those of the President's Agreement, and represent an increase
of 22% over the average minimum rate prevailing on July 15th, 1929.
The code has been framed to support the President's ReemplIoymaent Pro-
gram. WGe respectfully urge that it be approved.
Pending final approval of the code, we request that the labor provisions
therein set forth be tentatively approved; that they be made binding at once
on all manufacturers in the industry in lieu of the President's individual
agreement; and that on such tentative approval all manufacturers in the
industry complying therewith be deemed members of N'.R.A. and entitled to,
THE CANDLE 1MANUFACTURERS assocIAION
HAnoLJ, H. WIL, Cai~irman,.
NEW POE, Aztgu81 Off, 1999.
UNIVERSITY OF FLORIDA
AII II IIIRI 11 I II I 11IIAI
3 1262 08852 5893