Code of fair competition for the commercial fixture industry as approved on May 3, 1934

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Material Information

Title:
Code of fair competition for the commercial fixture industry as approved on May 3, 1934
Portion of title:
Commercial fixture industry
Physical Description:
p. 591-605 : ; 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:
Jigs and fixtures   ( 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. 316-01."
General Note:
"Approved Code No. 415."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952784
oclc - 63654550
System ID:
AA00006953:00001

Full Text

I '-_ 'I
For sale by the Superintendent of Drocuments, Washington, D.O. Price 5 cents


Approved Code No. 415


Registry No. 316--01


NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION




COMMERCIAL FIXTURE


IND~USTPRY


AS APPROVED ON MABY 3, 1934


WE DO OUR PART


I -


\:


_~~~


U.~
---- .


UNITED STATES
GOVERNMENT PRINTING OFFICE
W'ASHINGTON: 1931

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of For~eign
and Domestic Commler~ce.

DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE

Atlanta, On.: 5041 Post Office Building.
BirmingTham, Ala.: 257 Federal Building.
Boston, Mlass. : 1801 Custombouse.
Buffalo, N.Y.: C'hamber of Commerce Building.
Chlarleston, S.C.: Chamber of Commerce Building.
Chiicago, Ill.: Suite 1706. 201 North W'ells Street.
Clevelandl, Ohio: C3hamber of Comumere.
Dallas, Tex.: C'hamber of Commerce Building.
Detroit, M~ieb.: 801 First National Bank Building.
Houston, Tex.: C'hamber of Commuerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commecrce Building.
K~~anss City, M~o.: 1028 Baltimore Avenue.
Los Ang~eles. Calif.: 1163 South Brooadwany.
Louisville, KyS.: 408 Federal Building.
Memphis, Tenn.: 229 Fedleral Building.
Mlinneapolis, M~inn.: 213 Federal Building.
New Orleans. La.: Room 225~-A, C~ustrlmhouse.
New York, N.Y.: 731 C'ustomhouse..
Nor'folk, V'a.: 4100 East Plume Street.
PhiladelDhia, Pa.: 4''2 Commercial Trust Building.
Pittsburgh, Pa.: Chanmber of Commerce Buildlings.
Portland, Oreg.: 215 New Post Office Buildinig.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle, Warsh.: 809 Federal Office Building.












Approved Code No. 415


COD)E O]F FAIIR COMPETITION
FOR THE

COMMI[ERCI~AL FIXTURES INDUSTRY

As Approved on MVay 3, 1934


ORDER

AlPPROVING CODE OF FAIR CO1MPITON. FOR THEn COMMI~ERCITAL FIXTRIP
I[ouTsaTR

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of the Code of
Fair Competition for the Commercial Fixtur~e Industry, and hear-
ings having been duly held ther~eon and the annexed report of said
Code continingnc findings with respel~ct thereto, havingr been made and
directed to the President :
NOW', THEREFORE, on, behalf of the Pr~esidenlt of the United
States, I, Huxgh S. Johnson, Administr~atorl for Indusltr~ial Recovery,
pursuant to authority vesjted~ in me by Executive Orders of the Presl-
dent, including Execult~ive Order No. 65413-A, dated December 30,
1.93'3, and otherw1ise; do hlereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes
of said. Title of said At5ct; and do hereby order that said Code of Fair
Competition be and it is hereby approv-ed; provided, however, that
the detfinit~ion of the industry as set forth in Article IV of thne Bylawcs
of NaTnional Commnercial Fixzture Manulfacturers' Associationr be
alter~edl to conformn to the definition of the industry as set forth in
said Code of Fair Competition before the election of the Code Au-
thority as I~requiredl by said Code.
HUGH S. JOHN;SON,
Admjn~inistrawtor for Ilndsrariaxl Recovery.
Approvl~c, reconunmended:
A. RL. GLANCY,
D-ivisijonzal Adm17/1 inistratlor.
WTASH-INGTcO N.i D.C.,
Ma2y 3, 1934.
5668P ---544-18--4 (501)












REPORT TO THE PRESIDENT


The PRESIDENT,
The Wh~ite H~ousre.
Sm~: This is a report, on the Code of Fair Competition for the
Commercial F~ixture Industry in the United States, as revised after
the hearing conducted in Washington on December 7, 1933, in
accordaance with the provisions of the National Industrial Recovery
Act.

PRO\'ISIONS OF THIE CODE AS TO HOURS? W'AGES, AND GENERAL LABOR
PROYTISIONS

This Code provides for a maximum work week of forty (40)
hours wsith the followving exceptions and exemptions:
(a) Emlployees engagedl as truck dlrivers who shall not be per-
mitted to wvork in excess of fo~t~y-four (44) hours in any one week.
(b) Emply~ees engaged as watchmen and firemen in manufactur-
ing: operatitonls who shall not be permiitted to work in excess of an
average of for~ty-eight (48) hours per wFeek in each two weeks period.
(c.) Employees engaged in executive or managerial work who
receive: thirity-6ve dollars ($35.00) or more per week and traveling
salesmlenn.
(d) Emplloyee~s engaged on emergency maintenance or emergency
r~ep ir work.
This Code establishes a minimum rate of pay of forty cents (404)
per hour except for take-off boy~s (machine tailers) who shall be
paidl not less than eighty percent of this rate.
No person undler sixteen yeat~rs of a~ge shall be employed in this
industryv and no- person under eighiteeni years shall be employed at
operation or occupa~tions w~hichi are hazardous in nature or dangoer-
ous to h~ealth. The Code further provides that no member of the
industry shall reclassify employees or duties of occupations per-
formedi or engage in any other subterfuge for the purpose of defeat-
ing~ thel. ll'prose.s or provisions of thle Act or of this Code.
TIhe Code further provides that e~ach member of the industry
shanll comply with the regulations of thle Admtinist~ratorr as to posting
this Codle or port.ions of it, and requires~ the payment of all wages
du1e in law~ful curlr~ency! or by negotiable check therefore, payable on
demand. The Codle further provides that. no employee shall be
dismissed by reasoni of making a comlplaint or giving evidence with
respect to a violation of thiis Code.
ECONOMIC EFFECTS OF TH-E CODE

According to the statistical analysis of the Division o~f Research
andi Plannilgr, the total sales of the products of seventy-three (713)
(592).






593


reporting concerns of this Indurstry have dlecrensed from $27,968,-
365.00 in 1999 to $6,610,913.00 in 1932, or a shrinkage of 74.6%~ in
four years. Factory wag~s hta~ve likewise declined from approsi-
mantely $9,434,229.00 ini 1929 to $1,390,271i2.00 ini 1933. The Industry
is to a large extent influenced by- the depression in the business of
retail si~tores, thep largest users of the products of this Industry.
From the data furnished to the D~ivisioln of Research and Plan-
ning, it would appear that approximately 218 wage learners should
be re-emlploy-ed under the forty (40) hour week provided by the
Code. Further re-em~ployment will be dependent on and in direct
proportion to the trend of construction. of new and the alteration
and rehabilitation of existing retail stores and similar establish-
ments. TIhe minimum wage rate established in this Code should
increase the! wages of approximately 26%0 of thie factory wage earn-
ers in this Industry, and further equitable! re-adjustmen~t of wages
is pro-vided for all employees receiving more thlan. the mninimnum
wage~ rate.
FINDINGS

TILhe Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedlings in this matter;
I ~find that:
(a) Said Code is well designed to promote the policies anld pur-
poses of Title I of the Niational Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for th~e purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and supervi-
sion, by eliminating unfair competitive practices, by promoting the
fullest possible utilization. for the present productive capacity of
ind'ustriesx, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchas-
ing power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry- normally employs not more than 50.000 emr-
ployeecs; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Tlitle I of said Act, including without limi-
tation -Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Sec~tion 10 thereof; and that the applicant group is
an indlustrial group truly representative of the aforesaid Industry;
and that said group imposes no inequitable rest~ic~tions~ on admission
to membership ther~ein.
(d) The Code is not designed to and will not permit monopolies
or mlonopolisctic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against theml.
(f) Those engaged in other steps of the economic process have






594

niot been deir~ivecd of the right to be heard prior to approval of said
Code.
(g) Thle evlidence sulbmitted in support of the southern differen-
tial is not convincing and~ provision has been made for an investi-
gation of saidl differential with a view towards its elimination, if
possible.
F~or these reasons, the~refor~e, I have approved this Code.
Resp~ectfully,
Huavn S. JOHINEON,
Admd~in istrIatior.
MAYli 3, 19341.












CODE O]F' FArIR COMSIPETI[TION ]FORt THEE CO1\fMERCIAL-
F]IXTPURE INDUSTRYTr

A ARTICLE I-PUPOSES

To effect thle policies of Title I of the National Industrial Re~covery
Aict, this Code is establishled as a Code of ]Fair Comnpetition for the
Conlunerciau l F'ixture ILndustryr and its provisions shall be the stand-
ard of fair c~ompet~it~ion for such industry and shall be binding upon
every member thereof.
ARTICLE II--DEFINITIONS

SECTION 1. Tlhe term Commercial F~ixture Industry ", or in-
dlustry ", as used herein, is defined to mean and include the fabricat-
mng and assemlblinga of products of this industry and/or installing
of such products.
SECTION 2. TIlhe t~erml products of the industry or products ",
as use~d ]hereinr, is defined to mean and include cases, shelving, cabi-
nets, tables anzd bankr fixtures for the purpose of displaying, mer-
chnandising, and/"or storing and including such other interior treat-
ment in conlnect~ion therewith for anyT specific project to complete
thre service, merchandising, storing or the decorative plan. This
definition specifically excludes (1) products predominantly made
of metal, (2) commercial r~efr~iger~ators, (3) refrigerated display
counters or cases, and (4) the cooling or refrigerating agencies
therefor.
SECTION 3. The term member of the industry "includes, but
withlout limitation, any individual, partnership, association, corpo-
ration, or other form of enterprise engaged in the industry, either as
an employer or on his or its own behalf.
SECTIONV 4. The term "' employee "' as used herein, includes any and
all persons engag~red in the industry, however compensated, except a
member of thte industry.
SECTION 5. The term "L employer as used herein, includes anyone
by whom such employee is compensated or employed.
SECTION 6. The term C"Association as used herein, is defined to
mean thle National Commercial Fixtur~e. Manufacturers' Association.
SCECTION 7. T'he terms "Act," anld "Administrator as used herein,
mean, respectiv-ely-, Title I of the National Industrial Recovery ~Act,
and the Adiministr~ator for Industrial Re~covery.
SEcTION 8. TPhe! term. southern section as used her~ein, is de1finedl
to mean the following states: South Carolina, Georgia, F'lorida,
Arkansas, Alabama, Miississippi, Louisiana, Arizona, Oklahoma,
Texas and New M~exico.

AlRTIC.LE 111-11URS

SECTION I, tn? dlx;llll cOUT8.--No emnployee shall be permitted to
work in excess of forty (40) hours in ay one week, or eight (8) h~our!s






596


in any twenty-four (24) hour period, or five (5) days in any one
w~eek, except as herein otherwise provided.
SECTION 2. ETrceffNONS as f aOtbr8.-Excepted shall be employees
engaged in drafting and designing work, who shall not be permitted
to worllk in. ecc~ss of fortyv (40) hours per week.
\ SeenI~os 3. Ex~cepl~ted also shall be clerical and offce employees,
wh1o shaull no~t workll or be permitted to w~ork in excess of forty (40)
hour>. per week~l or five and one-half (51//2) days in any one week.
SECTIION 4. E~xceptedl also shall be truck ~drivers, who shall not
work or bel permittedl to work in excess of forty-four (44) hours in
anV 000 W~eek.
,iECen~os 5. ExcCfepte also shall be watchlmen andl firemen engaged
inl Illanul~f cul~ lrin operationss, who shall not be permitted to work in
ecesi~s of an avcr~age of forty-eight (48) hours per weeke in each two
w~eekls' per~iodl.
Sem 6c..(`Sf. EXrei pt1 IonjelS as to H our)s.--Excep ted also sh all be emn-
ployeces etngagedl in execut~ive or managerial workr who receive thirty-
thve ($35Z.00)O dollars or more per week, and traveling salesmen.
SECTION 7. The maxmnium hours fixed in the foregoing provisions
shall not apply to emnployees on emergency maintenance or emer-
gency repair w\orke involving breakdowns or protection of life or
prope~rty, but in anly such special case at least one and one-half
(11/,) times th~e normal rate shall be paid for hours worked in excess
of the maximium hours herein prov'ided.
SETONJ 8. Em~nploymecnt by Sjever~al Emnplo~yers.-No member of
ther ;indurt~ry shal know~ingly permit any employee to work for any
timre which. when totaled with that already performed with another
membr~~ or members of the industry~, exceedls thle maximum permitted
hlerein.
ARTICLE I\T- r~AGES

SECTION 1. N;T.2mtll~ll It ge8.--No employee shall be paid in any
pay" period less than at the rate of forty (40) cents per hour, with
the exception of take-off boys (machine tailers) who shall be paid
not less thanr eiguhty (80,) percent of this rate, provided however
that such take-off boys shall be limited in any calendar month to
one for each twenty emlployees emnployedl by any one employer (ac-
counting andl clerical employees excepted) but in any event each
establishment may employ one such t.ake-off boy; provided further
that such, take-off boys shatll not be employed for more than six (6)
months at a rat less than the forty (40) cents per hour minimum
establishled above.
r$iECTIO:N .Pic-okC'om pensat~ion-MIinitlmulm WIag~es---This
Article establishes a minimumii rate of pay which shall apply, irre-
sp~ective of whether an employee is actually compensated on a
time rate, piece-work or other basis.
SCECTION 3. Fotrwle 1Employees --Female emnvploee nprformingt
substantially thie sam~e ~or~k as miale employees shall receive the
samle rate. of- pay. as male employees.
SECTION 4. EvasIJion through/ Re-ai-m. ortment.-No.- employee now
emiployedl at a rate in excess o~f th~e mninimumi shall be discharged and
re-employedI, or replaced by another,. at a lower rate for the purpose
of evading the provisions of this Code.






597


SECTION 5. T~ra~.ges above Mrinimuinlll.-On1 Or before thne effective
date every emlployer .shlal make an equlitablle ndijustmen~lt of all wage
rates abovet thle minimum. In no e~nse sharll wage~ rates be rIedlc~edl,
notwithstandcing that thie numbller of hours wiorkerd in such cemploy-
mlentf. may3! be h1erebyr d'ecreased. No change shall be made~ in. p~iece-
wror~k rate~s which will redurce th~e houl(l'ly or daily earininig s of piece
w~orker~s. The nation tak~en by each empilloyer in necorrdance with this
prov'ision shall be eP~or~ted to the Codle Aulthority within thirty (30)
dlays after. the effective date of this Co-de and to thet Adiniitlstcrtr
on hlis request andlt sihall be sublljec~t to th~e Admllinist ra:tor's; review anld
dlisapproval.
SEC'ITOI N (. r7/airndicoppe Emp loyees~. A person whose ear1ningr ca-
pacit!v is limlitedl becenustle f age, phyic~ (n1 or ientnI handiic~ap, or
o~ther in~firmity. mla\- be 'lll,\emploe onI lighlt work. at a wager below the
mi-inimum establishedi by\ rl (clde. if thec' empl~loy!er obtains frocm theb
state aulthlority. dl-esinatedl by the UTnited States D)l:1t~epatmet of
Labor. a certificante aulthor~izing su~ch p~erson" employment at sucrh
wag~es andi for such~l hlours as~ sall be statedl in. the certificate. Such
aulthority hall be guided by~ thle instructions of the U~nited States
Department of Lab~or in issuinle cer1theatesc to such persons. 1Each
em~ploye'r shall file mIonth~ly. ith the Codle Authority: a list of all
sulch persons e~mployed2 bhimi. show~ing the wag3~es paid to, and the
maimuin~ m hours o-f workl for sch empnlloyee.
SCECTION T. Soulthen(, ) Differi;;liail.-T he mintinuinln wnge of emploly-
ees inl thr southern ec~rctionr 1hall be ten (10) percent less thanl the
mnim~ir um~ wages provrider in paragraphi~l (1) of this Article IVT. Thnis
differential shall be the c-ubj~c~t orf inves~tigation. and research byr th~e
Code Authority\ withl a view to- its elimninatio- n at the earliest t~ime
practicable to the indusctry!.
AlRTIC'LE, \T- ENERA\L IJABOR PROTVIS~IONS

SECTION 1. ('hild Laborl P-r~olisions~r.- No p~erson,1 undert~ sixteen (16)
years o~f ag~e shlln be emlployed- in the industry. No l)ierson unlderL
eighteen (18) years~ of age shall b~e employecd at operations or occupa-
tions wThich! are hanzardolus ini nature or tang~ero~us to health. Thie
Codle Authorit y Isha ll subit to ther Administratore w~ ~ithinl sixty~ (60)
days. after thle elflecc.tivet dalte orf thlic Codet a list of such operations or
occup1at ions. Inl an Sitat~e a1 mlembler o~f the inldustry shall be dleemedi
to hiave compliedl writh thiis p~rovision as to agfe if he sliall have on file
a cer~tifie~nte orI perm'llit (1uly~ issued~ by~\ the agenev in such State em-
pow~eredl to, issuc emp~loyment~l or agie certificates or permlita showing
that the employee is of the~ r~equriredl age.
SEC.TION e. Piilll/870#8, fr~Ol /the Aict.-In compliance withl Section
7 (n) of the Ac~t it is p~rovidedl:
(a) Thiat empnlloyees shall hav~e th~e right to organizer and bargain
collectivi\ely thiroiugh representatives of their ownl choosing, andi shall
be free fromn the interference, restraint, or coer~cion of emnployerss of
lab~or, or their agents. inl t.h~e de~sigrnation of suich r~epresellntatie s or in
self-orgaFnization or in other con~cerlted~ activities for the purpDose of
collective bargaining orr other muitual aid or pr~otection;l
(b) Thlat no em~ploy'ee and~t no onle scking~ emnploymennt shi~all be
required as a condition of emiploymnent to join any company union or
5668T'-- 544--18--34---2~






1598


toJ refra;inl fromI~ joining, oirganizing, or aIssistingi a labor organiza-

(() Thalt empl~loyers shall C'omply withjf thle max3iminn1 hours of
jlaborI. mlinillnuml ra;tes oIf payI\. and1 other conditions of employment,
apIn-oved~' or prsccr~ib~el by thle Presidjent.
S~nax .Pamet fIJ'I'ayes.-All Il~nllembes of the inlduStry
shall may1! paymentcll of nIll wnge~ dlue in law~ful curerency or by negoti-
abl chcktheefo. ayah* n emad.EmpI,~~loyer shall agree
thiat wage~Sr .-hull bet pa;id at thle end~ of eachi w\eekly p~er~iod. These
wagest~ shanll be~ exempllt flirro aIny paymel~nt for p~ens-ions, insurance

r~equiriedl by! !nw. M~emlbler o~f thle imilus~try! or their agents shall not
neceptl. dlirlc.tly or indi~itrectly. rebates onl~1I s ~uchwes or give~ anythingS
oft \.itli' Il00 PSftelulc uny favrclss to any person for the punrp-ose of


the endc of each1I week'lyj! per'iodl rhall niot, aplyll to p~ersons emiployed

ther ($3:.1.0 )j clllar. per'l w'teek. nori to pcriions em~ployedl in elerical

employed.~'~ in) ,lecalj~l oI cifficc w\or~k .shall be~ paidic at thet endt of pay

SF(..(Scn 4.hlIra Hltol oad-hr ay be estab-
lished~ forl thle imluslltry- a1 Ntional Pllnnl~jli ngndl Adjustnent Bjoard

employees '~ to wh'iich~ shall b~e refelrretl andi whlichl shall dleal withi all
miattclir '( relating to thle promollction n of better relations between em-

other ~ ~ ~ ~ ~ r~~C matter-~ aftei uta itrst heBnr a select an
imprtls:. ial charman~llll. ublljiect to. the\ approval\'n of the Admin~llisl.~~toratr

and1C all ncetions. find~iing- ruLling~ amlll (iCllletrinationl s of theP BjOard
sha111ll e .subljec~t to thle righlt of rev~iew~ by~ thle AdmlllinistrIator. Thle
evetin ad uncioingoftheBord~, inc'llluing theC selection of
represen''tatf i ves of' empllloyee~~ ,1~1 1hal be1 ;in colrdanceUl L withl Section1
7 oif thle \c~t. The Natiolnal Planningr andt Adi-justmient Boad mna~y
e~stabllishi~1(I uch nk-ii~l''ng aenci co~nstituedl inl lik~e m~anner as it
tllcls 110('0--88FV.
Si~cenox~i j. 'RI c.Jla~vs~fip'caion of Empr~lloy,? cs.-No member~cl of thle in-
dustry! .shal Iccl rein.ify employees: or duties of coccup~ationis perfo~rmedc
o,cir engae in anny. o~theri stel~rfuge for thle purposes, of derfeating th~e
purp'LosCs orI p1rovi ions o~f th~e Act or of this Codec.
S1:nuls Ij. ,\tate Lau-.v.-Ngo p~rovisio1 of this C(Ode shlall ;sup~er-
setle any Staite orn Federa~l Law w\hichi imp~oses on membiners of thle
industry mrore .stringent r~equiremelnt s as to age of emplloyees, wrages,
hours of wor,1k. or1 as to safety, health, sanitar~y, or general wTorkiing
cond~itionL, orI )InsIUrn(Ce, orI fire p~rotection, tharin ae implosed by this
C'ode(.
S~ECTION 'i. PObtinlg.- Each'~ member of the industry shalll comply
w~ith thle rulesr andi regrulationls of the Aldminiistrator as to p~osting
thijs Codel~ or' por'tions s thereof.
SrEnosO 8. St~lalndad for' safety arndl Haclthr.--Everyg employer
shanll maklle reasonable provision for the safety and health of his em-






599


ployees at. the pinele and1( dur~ing -the hou~rrls of their empllloyment.
Standardscl~ for safety andl hlealthl shall hie submllitted( hv)~ the CodeII AuI-
thlority to thc Adml~inistr Iatori within six (6) moicnth~ a~ft:-r the
effective date of thiis Code.
:SIIrrow) 9. _D~missal.P7.-S o employee shall: be d~ismisedt~ by reason
of makling~ a compllaint or gi ingelence w ithespecct to a
v.iolaltionl of thlisc CodC.

AuiRTCu-: Vr ~II;-n.\ Sz.vrmlS, ]Pown.~ls .anI DUI`TIES OF THIXE C1ODE1


cEC.TIONS 1. A~5 C`od Aulthlorityl~ is hlerebyT c~onstlitulted to cooperatellc
writhl thle Admlini.trato~r in the ;IrlminlistratfionI of thlis Cod)~e.
SEc.TIOS 2. The Codec Aluthor~ity shall consist of five (53) mnembert~s
to be electedl froml~ membe~rl of the industry w*ho are eligib~let under
Sectionr 8 of this Afrticle at the time of election.
Thle memlbers of the indcustry shall e~l~c.t, industry members~ of the
C'od~e A~uthority by a ma~joritty vocte of mlemberstl' of thel industryfll\ par-
ticipa~zti r inl the election. Memberscl of thle Code Au~lthor~ity\ shal; l b~e
elected. fromll dir~ectorrls, officers, or execu~tives.- of members Zof thle in-
dustry Asman as but nort ex(ceeding~ two (2) of such industry
membrs f th Coe Aulthlority) shall b~e eljcte~ fl~rom those mm
ber~s of the indus~try which are not members of the A~soc~iatio~n.
The co~mplementi of thle indus~try\ !inembersL of the Codle Auithiority
shall be selctedl flcroml memerll!s of the indu~str~y which are membersl
of the AI~o.ointion.l
SECTIONS 3. Thle Ascsoc~iation is her~leby conduct, thle election of the m~emblerss of thle ~code~ Authlorityl within
fifteen (15) days afterl the ec~t'~.tive clate of this Code, and;ll anly ltherr
electfionls of mlemlbers of the Code Auth~l or~ity whiich may;~ theren~lfter be
hleldl. Mi\emlbers of the Codec~ Anlth~rit~y shall be elc~tedl to serve lfor
a term1 ojf onel (1) yea or until their -uc~cess~ors are e~lc.ted- at ther
lext annual metetino- of the mlililember of the indu--try?. In the event
of aInyl vacanlcyS in the mic~l~embership of thne Codle Autlhority, a meeccting~
o-f thle members~C'.- of thle jcindustry shall be ralledl and an elec~tio.n shall
bc hleldl withinl thir~ty (30') (hlyS' after such var~lcacy shall have oe-
cuirred~ to fill thec incmleCII~Cte~ terms1 of such mlember h~l ip). Notices
of the timie andt pineec of eachr election shlall be> sent to all mlc-lembess
of the indlustry: and~ to thle Administratorr at least ~ten (10) dlays inr
advance of suc~h elections. Votingi at eachl electioni may be by person,
by proxy or by letter. ballot. Eachl member of the ind~ustry\ sha~ll
have one (1) vote.
The Admnini~tr~at orr maynl make such temlpol~rar appoint mentslf- to the
Code Authority as he may~ deemi necetssary in the ens~e of and for
the pe''riod of any vacancy..
N'o member of the C'ode Authojrity sh~all act in any mantter inlvolv--
ing a mlembler of thre industry by whom he is eml~loyecd or w\ithl
wvhomi he is associatedl or allilintedi.
M~ember~s of the industry violating~ any! of the provisions of this
Code shall not be entitledi to repr~esentation on or participation in
See paragraph 2 of ors~ler ni~llrroving this C~lle.







600


the selection of the members of the Code Auithority for such period
as thme Admrinis;tra;tor may p~rescr~ibe.
Sicnros 4. Inl arthlition to miembership as providedl above, there
mayo be niot mior~e than three (3) members, without vote, to be ap-
pointed by- the Admlijni si~torat to serve for terms of fromn six (6)
months to one (1) y'ear so a~rrangecd thiat tihe t~ermis do not expire
at t.he sa me time.
.SECnowIO 5. Tlhe repre'sentfati ves. C wh.~o mlay be appointed by the
Adminiiistr~ator togetherl withi the Admliniiist rator shall be given notice
of and may sit at a11I1Cfll meins of thle CIode Aluthority.
SECTION 6. EaCh1 trade or industrial association dlire~ctly or indi-
rectly par~ticipatingg in thle selection or act~ivities of the C'od~e Author-
ity shall (1) imipoise nio inequitable restrictions oIn miemibership. and
(2) submnit to thle Adlministrator true copies of its articles of asso-
ciatio~n, by-lawvs, re~gulations, and any ame~lndments s when miade th~ere-
to. tog~ether with such other informiiatio n us to miemnber~ship, organ-
izatioin, and activities as the Admiinistrtrator may dleemi necess~ary to
eff'ectuate the purp'loses of the Act.
SEenowO 7. In ord~er thant the Code Author~ity shall at. all times be
truly repreen~~tativ\ e of the industry~ and~ in otheri r~especcts comply
w-ith thme p~rov\isions o~f the A~ct, the Adminillstatrato mayl~ prlesrible such
heariingrs as hie mlay deceml pr~opter; andi there efter if he shall findr that
thle Codle Authority is not truly r~~~epesetntativ or does noat in other
r~~lespect compllly with thle provisions of the Act, miay recquirie anl appro-
prIate modifi~cation in the miethiod of selection of the Code Authority,
or any sulb-Code .Author~ity.
SECTIO)N 8. Afentlllers Of thle inlductry shall b~e entitled to partici-
pate in andi share the benefits of thle activ-ities of the Code Authority
arnd to participate in the selectionl of thle members thereof by as~sent-
iing to andit compillyin gr with thle requilrlemets s of this C'ode andr sus-
tanrringr their r~easonable share of the expeneisr of itsi administration.
Suchi reasonable~ slhare of the expenses o~f admlinlistra~tion~ shall be
dletermllined by the Code Authority, subject to r~eviewv by? the Adm~in-
istratori, on the basis of vorlumie of business andl lor suich others factors
as miay be dleemiedl equitable.
SECTION 93. Nlothiing coitained in this C'odet shall constituted the
members o~f the Code Authlor~ity pa~t~ner~s for any purpose. Nor shall
any mlembelrl of thle Codle Anithority be likable in any manneri to an~y-
one for any act oif any other mnemberl; officers, agfent, or employee of
thle Codec Authority. Nor shall any membel~r of the Code A~uthor~ity
exercisingl reasonablel diligence ini the conduct of hiis dluties here-
under, be liable to anyone for any action or omission to act undler
the Codle, except for his ow\n wjlful miisfeasanlce or non-feasance.
SEcTION 10l. Thle Codle Author~ity shall hav\e the followingl powers
andc durties to the extent permitted ~by the Act; provided. that, if the
Ad~ministra;to r shall determine that any action of the C'oder Authlor-
ity or any agency thereof is unfair or unjust or contrary to thle
public interest, thle Athnlinistrator may require that suchl action be
suspended to affordl ani opportunity for investigation of thle merits
of suchl action and fur~ther consideration by the Code Authority or
agency pend~ingf final action, which shall not. be effective unless the
Admninistratorr approves or unless he shall fail to disapprove after
thirty (30) days' notice to him of intention to proceed with such
action in its original or modified form:






60-1


(a) T'o execute the provisions of this Code and pr~ovide for the
compliance of the industry with the provisions of the ALct.
an(b) To adopIt by-laws and rules and regulations for its procedulre
an or the administration and enlforcemllent of this Code.
(c) To obtain from members of the indu~t~ry such information
andl reports as are required for the adlministration of thae Codle, andl
to provide for submission by mnembersi of such information andr
reports as thle Administr~ator may deemll necessarily for the purposes
recited in Section 3 (a) of the Act, which information andl reports
sha711ll e sublmifted byr members to sulch admninist~rativ. and/or gov-
ernment agencies as th~e Administrflato r may designate; provided thiat
nothing in this Clode shall r~elieve any mlemlber of the industry of
any exilsting obligations to furnish~ reports to any govenmentII~Plt ageTncy
No indlividlual report shall be: disclosed to any other member of the
industry or any other party- except to such governmental agencies
as may be directed by the Adlministrat~or.
(d) T~o use such trade associa~tio~ns and other agencies as it deems
proper for thle carrying out of anly of its netivities provided for
herein, p~rovidedl that nothinr herein shall relieve the Code Author-
ity: of it~s duties or retsponsibilit.ies underl this Code anld that such
t~radle associations and agencies shall at all times be subject to and
comp ly with the provisions hereof.
()To make recommendations to the Adiinistlrator for the coor-
dination of the administration of this Code~ with. Such other codes,
if any, as mlay be related to the industry.
(f) To secure from members of the industry an equitable and pro-
por~tionate payment of the reasonable expenses of maintaining the
Clode Aulthority- and its activities.
(g) To cooperate with the Adlminist~r~t~or in regulating the use of
any N.R.A~. insignia solelyT by those members of thie Industr~y who
have assented to and are complying with the Codte.
(h) To recommend to the Admlinis~trator further fair trande prac-
tice provisions to govern members of thne industry in their relations
with. each other and mleasur~es for industrial planning including
stabilization of employment.
(i) To recommend to the Ad~ministr~ator procedure with respect. to
credits, collections, and marketing, andl such rules and regulations as
may be necessary with respect to (1) collection and interchange of
credit information; (2) cooperative adlministratio~n of insolvent
debtors' affairs; (3) te~rms of sale; (4) relationships with wholesale
dealers and other distributors, and/or- (5) other aspects of credits,
collections and marketing.
(j) To appoint a tradee practice committee which shall meet with
the trade practice~ comlmittee~s appointed under such other c~odes as
may b~e r~elatedl to the industry for the purposes of formnulating fair
trade practices to governi the relationships between production andc
distribution em ployers under this code andl under such~ others to the
end that such fair trade practices may be proposed to thte
Administrator as amlenldmentls to this code and such other cod~es.

ARTICLE VII-TRADE PRACTICEE RULES
For all purposes of the Code the acts desc~ribed~ in this A~rticle shall
constitute unfair practices. Any member of the industry who shall






602


dliretctly), or indirectly through anly officer, employee, agent, or repre-
sentativ-e, knowijngly use, employ, or permit to be employed, any of
such unfair pra~ctices shall be guilty of a violation of the Code.
]RursL 1. No member of the Industry shall use or publish advertis-
ing (whether printed, radio. dispel ay or of anly other nature), which
is miislead7ting or inaccurate in, any material particular, nor shall any
memiiber in any wany misrepresent any goods (including but without
limitation its use, trade-markk $Irade, quality, quantity, origin, size,
substance, character, nature, finish, material, content or preparation)
or credlit terms, values, policies, services, or thle nature or form of thle
business condluctedl.
RULE 2. NO miemiber of the industry shall make false or disparaging
statements withl respect to a competitor's business, methods, practices
or products.
RuraIL 3. Nlio member of thle indfustry sjhall sell or fulrnish any
material, industry product, labor or service, below his allowable cost,
except to mleet the competition of a member of the industry whose
allowa~ble costs are low~er.
The Code Authority shall cause to be formiulatedl an accounting
systemll and methods of cost finding and/or estimating capable of
use by all memb'lers of th~e industry. After such systems and methods
hcaves beenrn omlthed, andl approved by the Administrator, full
detals oncrnig tem hal bemade available to all members.
There after all members shall determine, and/or estinvat~e costs in ac-
cor~dance with thze principles of such methods. Obsolete fixtures,
repo'ssessed products, or surplus stocks and inventories which must
be converted into cash to meet immnediatee needs may be sold at such
prices as ar1e necessary to effect a sale, provided that all such sales
ar~e repol~rte to the Code Authiority wlthlin ten (10) days after the
sale is ma~de or contract to sell entered into. No member of the in-
tus~tryr who, hnavingr once classified any design, pattern or specifica-
tioln of a product of this industry as obsolete shall continue to mlanul-
facture such pattern, design or specification for the purpose of de-
feating the provisions of t;his rule.
RULE ~4. NE~O member of the industry shall publish or circulate un-
justifiedl or unwa~rrantedd threats of legal proceedings which tend to
or have the e~ffe~ct of harassing competitors or intimidating their
customers. Failure to pr1oseculte inl due course shall be evidence that
any such threat is ulnworranted or unjustified.
RITLE 5. No member of the industry~ shanll offer or make any secret
or disc~riminatory payment or allowance or a rebate, refund com-
mission, credit, umenr~ned discount or excess allowance, whether in
the form: of money or otherwise, nor shall a, member of the industry
offer or extend to any customer any secrect discriminatory service
or pr~ivilege for the purpose of influencing a sale.
ROILE fj. hNO member of the industry aball give, permit to be given,
or directly offer to give, anything of value for the purpose of in-
ff lencingi or rewa7rdling the action of a ny employee, agent or represent-
ative of another in relation to the business of the member of the
industry of suchl employee, the principal of such agent or the repre-
sented party, without. the knowledge of such member of the industry,
principal prty. This provision shall not be construed to pro-
hibt fee nd enealdistribution of articles commonly used for






603


advertising except so far as such ar~ticles are actually used for com-
m~ercial bribery as hnereina~bove definedl.
RULE 'I NO member of the industry shall attempt to induce the
breach of an. testing contract between a competitor or customer or
source of supply; nor shall an sulch members int~erfer~e with or ob-
st~ruct the performance of such co~ntmenctual duties or services.
lRULE 8. No member of the industry shall combine quotations
or contracts for an y product of this indlustl ry ith any quotation or
contract for any other material, labor or service, for the purpose and
with the intent of concealing the true selling price of the product
of this industry.
RUSLE 9. NO member of the industry shall post-date or pre-date
any contract, invoice, quiotatio~n or receipt, w~ithhold~ from or insert
in any contractt, invoice, qluotation or receipt any statement wcvhich
makes such contract, invoice, quotation or r~eceipt a mlislea~ding or
inaccurate statement either in wPhole or in part, or accept or offer
to accept any such contract with the effect of injuring the business
of a competitor or violating the provisions of this Code.
RULE 10. No member of the inldustryT shall offer or give prizes,
premiums, or gifts, in connection with the sale of products, or as
an inducement thereto, by any scheme which involves lottery, mis-
representation, or fraud.
RULE 11. No member o~f thet industry shall secure or attempt to
secure confidential informationn concerning the business of a com-
ptitor by a false or misleading statement or representations or by
fa~lse impersonation of one in authority by bribery or any other
unfair method.
RULE LL. NO member of the industry shall intentionally~ imitate or
misalppro'priate the trade marks, trade designs or trade brands of
a competitor for the purpose or with the intent of deceiving any
purchaser or prospective purchaser. NIo member of thre industry
shall copy designs~, p.lanls, or specificationls prepared by a com-
petitor for a specific project, or bid on~ designs, plans or speci~fica-
tions submitted to a prospective customer by a comapetitor for a
specific project, under conditions creating a ~fiduciary relationship
between such competitor and his prospects ve customer, without the
knowledge and consent of such competitor.
RULE 13. NO member of the industry shall ship commodities on
consriganment, except under circumstances to be defined by the Code
Authority, subject to review and disapproval byg the Administrator.
RULE 1-1. NO member of the industryS shall cancel in wF7hole or in
parlt, or' pe'~rmit t.he cancellation in whole or in part, of anly contract
of sale except for an equitable consideration.
RULE 15. No member of the industry shall brand, mark, or repre-
sent. any goodsl inl any) mannlller wh~lichI is inte~nd~ed to or does dleceive or
mislead purchasers with respect to thle brand, gragde, quaity, quan-
tity,? origin, size, substance, character, nature, finish, material content
or preparation of such goods.
RULE 16j. No mlemlber' of the industry sjhall mnake plans, drawinrgs,
or spec~ificationls for use! by the customer for the purpose of obtain-
ing competitive bids, without a bona fide agreement with th-e cus-
tomer to pay the members of the Inlustry providing suchl plans,






604


d r rwi ngst or specifications an amount not less than thle actual cost of
such sernlce.
RULE 17. No member of the industry shall recall or revise or offer
to recall or revise any quotation whether oral or written (sub-
mnitted in competition to a buyer) for the purpose or with the intent
of submitting a more favorable price, discount, term or condition
of sale, unlless there had been a bonla fide revision in the plans, speer-
fications or other estimating or purchasinga data, forming the basis of
the original quotation, or a new request for bids.
RULE 18. NO member of the industry shall make a fak~e or ficti-
tionls bid for the purpose of deceiving competitors and securing an
undue advantnage.
RULE 19. NO member of the industry shall induce or attempt to
induce an architect, contractor, or builder to reveal any information,
or othierwTise surreptitiously obtain information relative to competi-
ttors' bids~i, which would give an advantage in thle preparation of a bid.
RU:LE 20. No member of the ind-ustry shall make a sale of industry
products contingent upon the sale of the prooducts of any other in-
dustry; and each member of the industry shall quote separately on
industry products and non-indust~ry~~~ti products. pqur
1RUL 31. NCo member of theinuryhalcmneterqr-
mecnts for the products of this industry for two or more distinct and
separate projects in one quotation to the same purchaser for the pur-
pose and with the intent of concealing the true selling price for th~e
products of each or all of sucLh projects. Under this section a project
shall be considered distinct and separate from another project unless
constructed on the same site andl the awarding authority, including
the owner, and his agents (includilng the alrchitect andr the engineer.)
are the, same entities.
Ruzz 1291. No member of thle industry shall depart from plans and
specifications when quoting on contract requirements for the pur-
pose or with the effect of misleading the buyer as to the grade, qual-
Ity or qu ant ityof products offered or sold, or substitute any material
without cleary identifying the nature of such substitute material.
RULE 23. NO hing in this Code shall limit the effect of any adju-
dication bJI th~e Cour~ts or holding by the Federal Trade Commission
on comnplaint, finding, and order that any practice or method is un-
fair, provided that such adjudication or holding is not inconsistent
with an provision of thle Act.
AnnIcLE VTIII--Exeon TRA~DE

1. N\io provision of this Codle relating to prices or terms of selling,
shipping, or marketing shall apply to export trade or sales or ship-
mecnts for export trade.
2. Subject to the approval of the Code Authority, thle exceptions
established by this Article shall apply also to sales or shipments of
materials actually used in mlanufactulre for export trade.
AnnRTILI IX-MIODIFICATION

1. Thiis Code and all thle provisions therecof are expressly made sub-
jec~t to the right of the President, in accordance with thle provisions






605


of subsection () of Section 10 of the Act, from time to time to
cancel or modlif anyT order, approval, license, rule or regulation.
issued under said Act.
2. This Code, except. as to provisions r~equirecd by the Act, may be
modified on the basisi of exp~erience or channc~es m circ~umslta nce~s, such
modlifications to be ba7sed upon application. through the Code Au-
thority~ to the Ad~cministra~tor and such notice and hearing as hie shall
specify, and to become ~ffec~tive on approval of the President.
ARTICLE X--M1ONOPOLIES, ETC.

No provisions of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enlterprises.
~ARTICLE XI--APPEALS

1. An interested partly shall have the right of complaint to the
Code Authority and of a prompt hearing and decision under such
rules of procedure and proper charges to cover cost of investigation
and hearing as it may prescribe, in respect to any decision, rule,
regulation, order or fmindg made by the Code Authority.
2. AnT inter~esited party shall have the right of appeal to the Ad-
ministrator, under such rules and regulations as he may prescribe,
in respect to any decision, rule, regulation, order or finding madle by
the Code Authority.

ARTICLE XII- REG;ISTRATION OF RrEMlBERS OF THE INDUSTRY

SECTION 1. 1Every person subject to this Code of 'a~ir Com lpet it ion
shall comply with the rules and regulations of the Administrator as
to registration with the Code Authority-, or such other agency as the
Adlministr~ator may direct and including, but without limnita~tion, the
number of shops, establishments or separate units thereof and their
locations, as well as each additional shop, establishment or separate
unit opened after registration.
A ARTICLE XIII--EFFIECT'IVE ATE

This Code shall become effective on the second Monday after its
approval by the President.
Approved Code N~o. 415.
Registry N~o. 316--01





UN11111111 1111IV R ITYIHI I OF 1111 FLORIDA 111