Code of fair competition for the industry engaged in the smelting and refining of secondary metals into brass and bronze...

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Material Information

Title:
Code of fair competition for the industry engaged in the smelting and refining of secondary metals into brass and bronze alloys in ingot form as approved on December 21, 1933 by President Roosevelt
Portion of title:
Industry engaged in the smelting and refining of secondary metals into brass and bronze alloys in ingot form
Physical Description:
1 p., 325-334 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Smelting -- 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. 173.
General Note:
Registry no. 1218-1-05.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004940595
oclc - 31967422
System ID:
AA00006886:00001

Full Text






















































For sale by the Superintendent of Documonts, Washington, D.C. Price 5 cenN!


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



INDUSTRY ENGAGED IN THE

SMELTING AND REFINING OF
SECONDARY 1METLALS INTO BR.ASS

AND BRONZE ALLOYS IN INGOT FORM


_ ~_~_ __~___


Approved Code No. 173


Registry No. 1218--1-05


AS APPROVED ON DECEMBER 21, 1933
BY
PRESIDENT ROOSEVELT


UNIV. OF FL LIr. i;
UMNSDEPT. IE DO OUR PART



U.4 QEPOSITO V 1. Edecutive Order
2. Letter of Transmittal
3. Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Wanshington, D.C., and by district offices of the Burean of Foreign
and Domestie Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMB~IERCE

Atlanta, Ga.: 504 Post Onfce Building.
Blirmingham, A~la.: 257 Federal Building.
Boston, M~ass.: 1801 Customhouse.
Bufalo, N.Y.: Chamber of Commerce Building.
Char~lestoni, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1700, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
D~allas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 2213 First Niational Bank Building.
H~ouston, Tex.: Chamber of Commerce Building.
Indianapolis. Ind.: Chamber of Commier'ce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, M~io.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, KyJ.: 40S Federal Building.
MIemphis. Tenn.: 220 Federal Building.
Mlinuenpolis, M~inn.: 213 Federal Building.
Newr Orleans, La.: Room 225-A, Customhouse.
New York, N.TY.: 734 Customhouse.
Norfolk, Va.: 400 East Plume Street.
Philadelphiia, Pa.: 933 Commercial Trust Building.
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Portland, Oreg.: 215 New Post Offce Building.
St. Louis, MIo.: 506 Olive street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wmash.: 809 Federal .Building.













Approved Code No. 173


CODE OF ]FAIR COIMPETITIION
FPOR. THE

INDUSTRY ENG AG ED IN THZE SMEILLTNG ~APNID
REFINING OF SECON]DAR'Y- MIETALS INTO BRASS
AND BRONZE ALLOYJ~S IZN INGOT~ FORME~A

As Approved onr Decemrber 21, 1933
BY

PIRESID)ElNT~ ROOS]EV1ELT




Ex ecu t ivc Orrder.

An upp~licentiol hla~ving been duly made, purlrunntt to and in full
compliance~ with thne provisiions of T'itle I of thre National Indr~ustrial
Recoveryr Act, approved June 16j, 193-~3, for my applroval of a Code
of Fa~ir ~Comlpettiton for the IndustryS Engaged in the rSmeltingk and
Refiningr of Seconl~dary~ Metalls into lBrass and Bronze Alloy~s in Ingot
Folrm~, and bear7ings hlavinlg been held thlereonl andl the Administrator
having Irender~ed his Ireport containing an analysis of the said Codle
of Fa:ir Comlpetition together with his r~ec~onulnendatio ns; and findcinlgs
with r~esp>ect thereto, and the Admlinistrattor having found that the
saiid Codle of Fiair Complletition comnplie~s in all r~esp~ects w\ith~ thre per-
tinlent pr"ov-isions of Title I of sai~ A4ct and that the requirem~enlts of
clnuses (1) and (2) of surbsection7 (a) of Section 3 of the said Act
have been me~tt:
NOW, THEREFTiORE, I, Firanklinl D. Roosevelt, Pr~esilenlt of the
United States, p~ursuiint to the aulthority vestedl in me by Title I of
thle National Indu~str~ial Rec-ovetry Act, appr~oved June 16j, 19,3:3, and .
OthIeris\~ie, dlo approved~ the report a nd recoinunendantlonls and adopt
the findlings of the Administrator, and do order that the said Codle of
F~air C'ompetition. be and it is hereby approvedl.
FRAj~NKILIN D). ROOSEVTELT.
Approval reconunllended :
HEGH S. JOHIN.SO),
Admt1, ;i isf rator.
THIE \YHITE HOUSE,
Deccem bel .el, I1DJJ.


282,1 "-- 29G- 43-- n3


(325)












DECEMB3ER li, 1933.
The PRESIDENT,
The fh ite House.
SmR: Th~is is a rep)ort on the Code of Fair Clompetition proposed
for the: Industry Engagred In The Smelting and Refining Of Second-
ary Mletals Into Brass: And Bronze Alloys In Ingfot Form, and on
the hlearinlg conducted thereon in Washington, D.C-., on October 13,
1933, in accordlance wlith the provisions of thle National Industrial
Recovery Act.

niscaRTI OF CODE AS TO WYAGES AND HOURS

T'he Codfe provides n srtandcard work week of 40 hours, except
dur~ingr peak periods, which are limited~ to 6 weeks in any 6 months.
No employee shiall w~ork more thani 6 days or more than 48 hours in
any one w-eek, or mor~e than 10) hours in any one day.
These provisions are applicable except in cases of emergency, and
to employees engaged in executiv-e, supervisor, or technical capaci-
ties receiving $35.00 or mor~e per week, and to outside salesmen.
W~atchmien may~ be employed not to exceedl 56 hours, and not more
than 6 day~s in anyv one wT-eek.
Employees w-orkingr in excess of 40 hours per week shlnl be paid
not less than one anid one half times their normal rate.
While the uncertainties of production processes in the Indcustry
make it dlif~icult always to assure an 8-h~our dlay, the Industry recog-
nizes thle principle of the 8-hiour dlay, and the Code contains a
statement to that effect.
A miinimum wag~e of 350' per hoir is provided, wpith a rate of $15.00
per weeke for office employees, except that a limited number of
office boys andt girls mayS be paid at. the rate of $12.00 per w-eekr.
Learners, who ma~y b~e so classitledl for a per~iodl of 3 months, many be
paid not. less than 80r1, of the minimum wange.
Child labori is prohibited, andc no person under 183 years of age
shanll be emlploye d in any hazar~douis occupation.

GENSERALI STAT'EMENUT

Thec smeilting andt refining of secondalry metals into brass and
b~ronize alloys inl ingot formln is a distinct industry, wFith most, of its
plants locaited in the diistr'ict enst of the MIississippi Rier and north
of tihe Ohiio Riveri. A number of concerns smnelt, refinle, manufacture
or o~thriis\ e pro~cess other nlonferrous metals and alloysd, u1sing sec-
ondlary mnetals princip~ally as raw materials. All of thle product of
the Indurstryv is cast inrto ingots or. pigs w~eighingr from 20 to 35
poundsl etnch, which~ are ulsed for recasting into finished castings by
the general fou,~ndry tradl~e.
Du ingte pas't tw\enty years t~he Indtustry) haLs enjoyed a remark-
able devetlopmenttt along scientific lines. Th~e result of a sulrvey made






327


by the Nonl-Ferrous Ingot lifetal Institute in 10929 to determiiine the
nature andt number of the specifications which had beenl requrisjitioned
from its members during the p~receding~ year, ind~icatedl that overli 600
separate specifications had been served by the Iltenembers of thre TInsti-
tuite dluring that yrear. In thle last three years~ the Non-Ferrous
Ingot M1etal Institute, ml cooperantionl with the Amler'iennl Society for
Tesltingr 10ater1ials, has; scl('pceedd in reducingr its -;talntlardc .speed~ican-
tions for brass andt bronze alloyrs in, ingaot form to approximlately 30.
The furllnnees usedl in th~e Indlustr~y vary in pr1oduction capacity
from 500) to 100,00)0 p~oundls. M~ost of thle typles used by thre larger
units ar'e operated conltinulously andl w~ere formiierly operated~ on. a
2-shi;ft p~lrograml ov'er campllaignsl of 2 to 6 \ee~ks, Irequi rinlg long hours
of wor~k. A change to thle 3J-shift pro"gram resulted in an incrlea~se
of about 40%~ inl the num~ber of mlen used.
During 1929 there wer~e about 1,180 emplloy~ees in the I~ndustry.
In 1932 the number of employees dlecr~eased to a low of 360, but
under the Presidlent's Re-Emnploymntel Agreement, this number rose
again to over 900. Prior to t he President's Re-Emnploym nent AIgree-
ment. the hours for Inbor av~l~jerge from 54 to 60 per week, and it is
estimatedl that undrer. ther C'ode the niumiber of emplloyees will be
greater thani the figure ishow~n for 1929.
The Indlustryv states tha~t its mnlimlumn wage had dropped to 244~
per hourl and estimantes that the increased minimum, the r~eadjust-
mnent of wag~es abovet the mlinlimumll, anld the increase in employment
undler the Code will greatly~ increase the buying powerl of emploeel s
in thie Industry.3~
Thle malrkletin~ provisions.- of the proposed Codle have for their
purpose thle elimlilnationl of unfair trade provisions, anld it is berli\eved
that their adoption wiill aid in the ordelr3ly marketing of the products
of the Indusltry.'
I believe that the Code as prlopo"sedl is fair to Industry and to
Labor and in. accordance with. the intent andl purpose of the National!
Industry Rccovery~ ~Act.
The D~eputy Admininistrantor finds~ that:
(a) The Cotde as recommended complies in all recspec~ts with the
nperineInt provisions of Title I of the Act, inclrrludng, without ]limit-
tion, subsectionl (n:) of Section. 7 anll sub~sec~tion (b) of Section 10
thereof; :nd~ that
(b) The ap~plicant group impilosesi no inequitable restr~ictionsi on
adlmissionl to melmbership> therein1 and is truly representative of the
Indurstry Er1ngaged in the Smleltinga and Refining of Seco-ndalry nliftals
into Br~ass and Bronze Alloysc in Ingo't F~orm; and that
(c) The Code as recommended is not designed to pr~omote monop~o-~
lies or to elimninate or oppress small enterprises, ndlc will nlot operate
to discriminate against then, and will tend to effectuate the policy of
Title I of the National Indlustrial Recovery Act.
Accordlinily, I hereby recommend the approval of this proposed
Code of Fair C'ompetition for the Industr~y Engaged in thle Smneltinlg
an Rfnigof Secondalry M~etals into 1Brass andl Br~onze Alloys in
Inigot. Formi.
Respect fully,
HUGH;~ S. JOHNSON,
Admin itratorf .O F













CODE OF FAIR COMPETITION


FOR THE

INDUSTRY ENGAGED IN THE SMELTING AND REFINING
OF SECONDARY METALS INTO BRASS AND BRONZE
ALLOYS INV INGOT FORM

ARTICLE I-PUTRPOSES

To effectuate the policies of Title I of the National Industrial
Recovery- Act, this Code is established as a, Code of Fair Competi-
tion for the Industry Enigaged in the Smelting and Refining of
Secondlary Metalsi inito Brass andl Bronze Alloys in Ingot FIorm,
andc upon aplprovaol by the President its provisions shall be the stand-
ardss of fair competition for such industry and shall be binding
upon every mnember th~ereof.
ARTICLE II--DEFINITIONS

Thel term "l' indiust~y' ns used~ hlerein includes all producers engaged
in thle smelting and~ refiningr of secondary metals into brass and
br1onze alloys in ingot form.
Thle term- member of the industryS inicludles but without limita-
tioni any indlividullal, p>artnership, association, corporation, or other
formi of enlte~prisee engagedl in the industry, either as an employer or
onl his ow~n beha~lf.
The te~rmi employee as us-ed her~eini includes any and all per-
sionis engagedl in thle indlustr~y, however compensated, excepting a
m)emb1ler Of thle indulstry.
Thle termsiii Presid~ent.", 'Act ", andl 'Administrator as used
her~ci i n mean. respectively, the President of the United States, Title
I o~f ther Nationa~l Indusitrial~ Recovery Act, and the Administrator
for~i Inuriaiil Reco~\ver.

ARTICLE III--1YORKING HOURS

SEC'TIO, N i. 'lhle stanllr W~Orkw-eek of the industry shall not exceed
410 hiours per week, except duriiing peake periods, which are limited
to 6 w\eeks~ inl any~ ( months. Provided, however, that no employee
shall1 be empl'loyedl mor~e tha~n 6 days or more than 48 hours in any
o~icn-e wee. or more than 10 hours in any one dev.
SiEc. 2. Th~e above hours shall not apply to any employees in the
Casei of emlergFencies where the safety of mien or the protection or
preserlvatio nl of prlop~erty necessitates loniger hours; nior shall they
aply~I~ to, empll'oyee ini excutive, supervisory, or technical capacities
recei vi ng $35.00i o m,ioire pelnr eek, or outside salesmen; nor to watch-
(328)






329


men who may be employed not to exceed 56i hours in any one week
and not mlore than 6 days mn any one week.
SEc. 3. Employees W\orking in excess of 40 hours per week shall be
paid not less than onle and one half times their normal rate.
SEC. 4. 1118 1HlUStry re00gmszes the desirability and accepts the
principle of the S-houlr working day for labor and, insofar as it rea-
sonably can, the industry will endeavor to employ its laborl on that

SEC. 5. If any emlployer of labor in this industry is also an em-
plo~ver of labor in any other industry, the provisions of this Code
shall apply to and affect. only that part of his business which is in-
e~ludedl in the business of smelting and refining of secondary mectals
into brass andi bronze alloygs in ingot form.
SEC. 6.' NO empIloyer shall knowvingl permit any~ employee to work
for any time which, when to-talel with that already performed with
another employerl or e-mployers in this industry, exceeds the maximum
permitted her~ein.
ARTCLE: IV-WAVVGES

SECTION 1. On and after the effective date, offce employees Fhall
be paid not less than at the rate of $15.00. per week, except that offices
boys: and girls may be paid at the rate of $12.00 per week. The
number of such office boys and girls shall not exceed 5% of the total
number of office employees, except that each office may have one
such office boy or girl.
SEc. 2. The minimum wage per hour wPhich shall be paid to other
emnployees in the industry shall be at the rate of 354 per hour, xc-ep~t
as herein other wise provided.
SEC. 3. This article establish~es a minimum. rate of pay for any
pay period which shall apply, irrespective of whether an employee
is -actually comnpensated on a time rate, piecew\ork, ~or other basis.
SEc. 4. Learners shall be paid not less than 80% of the minimum
wage, and the total number of such learners shall not exceed 5%'
of the number of employes~c of such employer. The learning period
shall niot, exceed 3 months.
SEC. 5. Equitable adjurtmecnts shall be made of the wages of
employees now receiving more than the minimum wage as herein
prov-ided. Such equitable adjustments shall mean that differentials
existing prior to the formation of this Code shall be maintained
for a1 ll emloyees. Within 30 daysa each mnember shall report. to
the Administrtcrto through the Code Au~thor~ity all such readjust-
m~ents.
S~c. 6. Female mpn~loyees~c perlforming;n sub~stantially the samen w5or~k+
as male em ployees sh all receive the sam Ira te of pay as mlale, employ-ees.
AlRTICLE V--G)ENERAL LABOR PIrOV'ISIONS8
SECTIO N 1. C2lelE Labor.--No pelrsn u~ndler 16 years of age shall
be employed in the industry. No person under 18 y-enes~ of age shall
be employedl at operations or occupationss which are hlazardious in
nature or dangerous to health. The Code Authorit~y shall subhmit~ to
the Aldministrator before May 1, 1934, a list of such operantio-ns or
occupations. In any State an emnploy~er shall be, d-eemeid to have com-
plied wit~h this provision as to age if he shall have on file a cer~tificate





330

or permit duly signed by the Authority in such State empowered. to
issue employment or age certificates or permits showing that the
employee is of the required age.
~SEC. 2. P1Oz.i8On8 frOnt. tIC GCt.--In compliance with Section 7 (a)
of the Act it is provided:
(a) That employees shall have the right to organize and bargain~t
collectively through representatives of their own choosing, andshl
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in thle designation of such representatives or
in self-organization or in other concerted activities f~or the purpose
of collective bargaining or other mutual aid or protection. s
(b) That no employee and no one seeking employment shall be
required as a condition of employment to Jomn any company umion
or to refrain from joining, organizing, or assisting a labor orgamiza-
tion of his ow~n choosing.
(c) That employers shall comply with t~he maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SEc. 3. ReclaSS'iffat~ionl of ern ployees.--No employer shall reclassify
employees or duties of occupations performed or engage in any other
subterfuge for the purpose of defeating thle purlposes or provisions
of the Act or of this Code.
SEc. 4. ,Standardl'Cs for ,Safety and Health.--Every employer sharj
mlakee reasonable provlision for the safety and health of his emplo ees
at the place and during the hours of their employment.
SEc. 5. Standards for safety and health shall be submitted by the
Code Authority to the Admiinistrator within six (6) mlonthss after the
effective date of this Code.
SEc. 6. State Lawrs.--No provisions inl this Code shall supersqede
any State or Federal law which imposes on employers more stringent
requirements as to age of employees, wages, hours of work, or as toi
safety, health, sanitaery or gene~ral working conditions, or insurance,
or fire protection, than are imposed by thiis C'odle
SEc. 7. Posting,.-All employers shall post complete copies of the
labor provisions of this Code in conspicuous places necessible to all
em ployees.
ARTIcLE 'I-ORGANPUIZATION, POWERS? AND DUTIES OF CODE '
AUTHORITY
SECTION 1. There shall forthwith be constituted a Code Authority
consisting of 5 persons, 4 of whom shall be selected by the Non-
Ferrousc Ingot M~etal Institute and one of whom shall be selected by
thle Associate mlemberss of said Institute.
SCEC. 9. In addition to the membership as above provided, there
may be not to exceedl three members, without vote and without ex-
pense to the industry, to be appointed by the Admlinistrator.
SEC. 3. Each Trade or Industrial A4ssociation directly or in-
directly participating in the selection or activities of the Code
Authority shiall (1) impose nio inequitable restrictions on memiber-
ship and (2) submit to the Administrator true copies of its Articles
of Association, By-Laws, regullations, and any amendments when
m~ade thereto, togrether withi such other information as to memiber-
ship, organization, andl activities as the Administrator may deem
necessary to effectuate the purposes of the A4ct.






331


SEC. 4. In order that th2e Code Authocrity1 shall at all times be
truly representative of the indlustry and in other r~espects comnply
with the provisions of the Act, the Admnisiitrator may pr~escribe such
hearings as hle mlay deeml proper~; andc theren fterl if he! shanll find that
the Code Authorityr is not, truly representative or does not in other
respects comply writh the provisions of th~e Act, may requ~ir~e aIn
appropriate mlodification in the mnethod of selection of the Code
Authority.
SEC. M~emnber~s of thle indlustrya shall be entitled to participate
in and share the benefits of the actl\vitie~s of the Cod-e Authority anrd
to participate in the selection of the memb~ers~ thererof by nece~pting
their reasonable share of the cost of its preparation and administra-
tion. Such r~easonable share of thle expenses of p-repara`ttion and
adm-inistrantion shanll be determlined byT the Code Author~ity bjc
to review byI~ the Admlinistlnorator on the ba~i'j of volumlle ofbies
and: or such other facts as mnay be deemed requitable.
SEC. 6. Nothing continued in this Code shall constitute the mlem~-
ber~s of the Code Aluthlority parltner~s for any purpo-e. Nor . any mlemlbr of the Code A~uthority! be liable in any manner to any-
one for. any~ act of any other mem~nber, officer, agent, or employee of
theCod Auhorty.Nor shall any mlcnfembe of the Code Authority,
exercisingreasonable~ diligenicet in the conduct of his duties here-
unler, be liable to anyone for any action or tamiisionl to act under
this Clode, except for his own willful mIlisfeasanlce or nocnfensance..
SEC. 7. The Code Aiuthor~ity shall have the following further
powers and duties, the exercise of which shall be, reported to the,
Admninistrator and shall be subject to his Iiriht. on1 review to
disnpprove: anyT action taken by the Code Au~tho~ityr.
'(a) To insure the execution of the provisions of this Code and
provide for' the comp~-liance of the industry with the provisions of
the Act.
(b) To adopt. By -Laws andC rules and 1eregulationls for its proccedlure
and for the admilnistrntion anld enifor~cemient of the Code.
S(c) To approve\' recommellndationsn for the except ions to the
market ing provisions of this Code.
(dl) TCo obtain fr~oml mlemler~s of thie industry such inlformllation
and' reports as are required for the administranti on of the Code and
to provide for submission by mem~lbers of such in~formalltio nl and re-
por~ts as the Adm~llinistrantor m~ay~ deeml necessry~l for thre purpose~ts re-
cited in Section 3 (a) of the Act, which informantionl and reports
shall be submitted 'by mlemb~ler~s to such Administrative and/or gov-
ernment agencies as the Admlinistranto r miay decsignate; p~rovidecd,
that, nothiing in this Code shall relieve any m1embercl of th~e indlustryz
of any existing obligations to furnish r~ep~orts- to any government
agency. No individual reports shall be dlisclos~ed to any other
mlember of the industry or to any other par~ty except to such~ grov-
crnmetntal agencies as may be directed by the Admlninistrator.r
(e) To use such trade, associations andi other agencies as it decems
proper for the carrying oult of any of its activities provided~ for
hereinl, prov-ided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this ('coe and that such trade
associations and agencies shall at all times be subject to anid comply
with the provisions hereof.






332


(f) To make recommendations to the Administrator for the co-
ordlination of the administration of this Code with such other codes,
if any, as may be related to the industry.
()To secure from members of the industry participating in and
sharing the benefits of th~e Ciode Aiuthority ain equitable and propor-
tionate payment of the r~easoniable expenses of maintaining the Code
Authority and its activities.
(h) To recommrendl to~ the Adlministrantor further fair trade prac-
tice provisions to govern members of the industry in their relations
with each others or with other industries and to recommend to the
Admrinistirator meansuresc for indusrtrial planning, including stabiliza-
tioni o~f employment.
(i) To employl suich agents anid assistants as mnay be necessary to
perform thle duties h~erein prescribedl.
ARTICLE VIII--ATARKETING AND TRADE PRACTICE RULES

(a) Each member of the indurstry shall file w~ith the Code Author-
ity t~he prices at whichl hie is offering his products for sale; which
prices shall not be less thani his current cost as determined by n
uniformi1 syvstemn of cost. accolntingr as provided for in Section (k) of
th~is Artic~le; and- p~rovided, that any member of the industry may
file prices below his currienit cost so dletermnined in order to meet, the
competition of any orthier member of the industry who has filed prices
in accordance w~ithl this Section.
(b) In dletermnining cur~renlt cost, the cost of rawv materials used in
thle mannufnetured p~rodlc~t. sha~ll b~e comiputedl on the basis of the! re-
p~lniement cost thereof pr~evaRiling as of the dlate of sale.
(c) Ainy member of the industry\ dlesiring to change the price op
prices of h~isc pro'ducts; shall niotify the Code Authority of all chcn ss
to be miadle suffiicintlyr in ndl\ance therecof so that the Cod~e Authority
n ill receive such notice nt least onie dlay pr~evious to such chang~e.
(d) Puiblishedl prices shasll include termnls of payment, length of
bootinlgs or contlrnets. andl F.O).B. point and~ suich other provisions as
may be necessary! to fully informI1 the tr~ade of all conditions of sale.
(e') Termsn of sale shanll be full\ started andl strictly adhered to
anid invoc-ice shall show samle.
(f) Ther~e shall be nio dirscrimnination~ between customers. Differ-
encre inl price bas7ied upon" quantity shall nlot constitute dliscrimnination.
(g) Prices andt discounts shall be op~enlyv and publicly announced.
(h) A~ uniforml sales contract. shall be established and uised2 by
the indlustry, suibjeict to the applroval of the Administrator.
(i) All1 contracts shall be equally bindlingc upon both parties andi
ar1e not subject to repudriatio~n.
(j) The follow~ing ar~e unfair trade practices, and a violation of
anly onie or more of them constitutes a v~iolation of this Code:
1. Selling below- openly andl publicly announced prices and terms
as provided for in Sectionis (a) andl (c) of this Article.
2. Secret. allowarnces or secret r~elates of any1 kind.
.3. False duttingof contracts or billings.
4. Allowanncesi by any namne or of anly nature which ar~e not justifiedl
by the fNets andl arle madte inl col l~oluso w\ith the buyer for the pur-
pose ni or ffect of de~feating thle p~rovisions of this Code.






333


5. Storage of products of the industry in consumner~s' warehouses
or sales on consignment to consumers, except ulnderr ciremustatnces to
be defined by thle C`ode Auithority~, where peculiar circumstances of the
industry make the practice advilsable.
6. Special services or privileges to certain p~ur~chasers when not
extendedl to all p~urchaser s under like terms and conditioning.
7. Miakingtr false or misleadingr statenenits about competitors' prod-
uct~s, or regar~dinp the character, mannagemelnt, or financial stranding
of a competitors.
8. False or miisleadling advl~ertisingr, mislab~eling, or misbl~randn g..
9. Thle adloptionl of brafnds either in design or nramye) which so
closely appr~oximnte thle brands or trad~e-marlks of a competitors~ as
to deceive or con~fuse a buyer byr siminlarity of appearance or brand.
10. Indluciigr or attempting to induce a breach or a enneela~tion
of a contract betwreeni a competitor and his customers.
11. 1Unliciously enticing away th~e employees of a, competitor withl
the purpIose and intent of undully hamnper~ing, injuring, andr embar-
rassingr a compet~itorl in his bitsiness. N-othing hlereinl shall prev~\ent
any emnployee fr~om offering his services to a competitor or prevent
any memlber from. emp~loying an employee of ariother mlembelrl where
the initiative in. such change of employment comles solely from the
employee.
1~2. G~iinlg or permitting to be given, or directly offering to give,
anyvthingT of va~lue for the purpose of influencing or rewarding the
actions of any employee, agent, or repr~esentaltivec of another in. rela-
tion to the bus~inessu of the employer of such employee, the principal
of such agenlt or the represc~iented party, without the knowledge of
such emplloyer, pr1inciipn1, or party. Commercial bribery provisions
shall not. be construiedl to prohibit free and general distribution of
articles conmmonlyly use for advertising except so far as~ such articles
are actually used for c~ommler~cial bribery as hereinabove dei~ned.
13. G~uaralnty against decline in price.
14. Pamntlcl ofu b~lroakerg in excess of the usual and cus~tomar Iy
commission wFCith the p~urplose or effect of defea~tinig the prolvisionls of
this Codle.
(kl) E've~ry memberUPI of thre 1industry shall useF at coc-t account lin~ --ys-
tem~ which. confrormsl to the pr1ilc~iples of and is at least as detailed
and comp~lylete as thle uniform methnod of c-osting~ to be prescribil e d by
the Code~ Author~ity and appr~ove d by the Admliinist1 ratr.
ARTILE V~IZII-Excrour: Tncin e,1

No provisionl of this Code relaitinig to prices or terms11 of selling,
shipp~ing orI markn~etinig, shall apply to export trade or sales or lihip-
ments for expocrt tradc'e of ~nfabricated- produc~ts of this indul~stry.
Ar~TICLE~r I~X-MlonwFic.1~Twx

(n) This Code and all thne pr~ovisions therecof are expressly ma~de
subject to the right of the Presidenlt, in accord~cnnee wvith the pr1ovi-
sions of subsectionl (b) of Sectionl 10 of the Afct, fr~omi timne to time to
cancel o~r modify any border, apprlovanl, license, rule, or regurlatio n
issuied undler saidl Act.




UNlIVERSITY OjF FLORIDA


334 3 1262 08852 5422

(b) This Codle, except as to provisions required by the Act, may
be modified on t~he basis of experience or changes in circumstances,
such modifications to be based upon application to the Administrator
and such notice and hearing as he shall specify, and to become
effective on approval of the President~.

ARTICLE X 1WONOPOLIES

No provision of this Codle shall be so applied as to permit monop-
olies, or monopolistic practices, or to eliminate, oppress, or discrim-
inste against small enterprises.

ARTICLE XI-TEFFECTIV'E DATE

Thiis Code shall become effective 10 days after its approval by the
President.
Approved Codle No. 17i3.
Registry No. 1218-1-05.