Code of fair competition for the collapsible tube industry as approved on March 17, 1934

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Material Information

Title:
Code of fair competition for the collapsible tube industry as approved on March 17, 1934
Portion of title:
Collapsible tube industry
Physical Description:
p. 209-219 : ; 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:
Tubes -- United States   ( lcsh )
Shells (Engineering)   ( 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. 1140-01."
General Note:
"Approved Code No. 345."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952753
oclc - 63655334
System ID:
AA00006965:00001

Full Text







NATIONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

FOR THE


COLLAPSIBLE TUBE INDUSTRY


l' '
For sale by the Yuperintendent of Doraments, Washington, D.C. - Price 5 rents


Approved Code No. 345


Registry No. 1140--01


AS APPROVED ON MARCH 17, 1934


WE Do OUR PART


r;
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L-l_.
1.
-----


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1934
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THFE DEPARTMENT OF COMMIVERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingrhamn, Ala.: 257 F~ederal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce BEuilding.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commnerce.
Dallas. Tex.: Chamber of Commerce Building.
Detroit. Mich.: 801 FLiirst National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indliana~polis, Ind.: Chamber of Commerce Building.
Jackrsonville, Fla.: Chamber of Comomerce Building.
Ka~nsas City, Mo.: 102-8 Baltimore Avenue.
Los A MII. k-,Calif.: 1163 South Broaa~way.
Louisville, K~y.: 408 FEederal Building.
Memphis, T'enn.: 2293 Federal Building.
Minneapolis, Minn.: 213 F'ederal Building.
New Orleans, La.: Room 225-A, Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolk. Va.: 406 East Plume Street.
Philadlslllhisl Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. L~ouis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 F~ederal Offi~ce Bluilding.













Approved Code No. 345


COD)E OF FAIR COM1PETITIONS
FOR THEI

COLLtAPSI'BILE TUBITE IND)USlTRY

As Approved on MVarch 1.7, 19341


ORDER

APPROVING CIODE; OF FAIR COMPLETION FOR THEE COLLAPSIBLE TUB
IKonstax
An appl'1 ica t ion having been duly made pursuant to and in full com-
p'lianlc~e with the p~oviuions of Title I of the National Industrial
Rcc-ov-eryS Act, alpproved~ June 16, 1933, for approval of a Code of
Fair Compe~ttitonn for the Colalapsible Tube Industry, and hearings
hav~ing~ been1 duly held thereon and the annexed report on said Code,
co(llntiningl finlding~s with respect there~to, having been made and
dlirec~ted to the Pr~esident:
NOW. TH-EREF~ORE, onl behalf of the President of the United
S~afte I. Hughii S. Johnson.,, Admllini trtorL for Industriall Recovery,
pursun"nt to auth-ority vested~ in mie byT Executive Or~ders of the P~resi-
tlenlt. i~c~lud~ing Executive Order~l No. 65~3-A~, datedl December 30,
11933. and o~thlerw\ist; do herIeby incorporate by reference said an-
nl~exed repIort- and' do find~ that said Codle comlplies in all :respects
w;ith thle pertinecnt pirovisions and will pr~omiote thle policy andl pur1-
posesr of saidT Title of Saidl Act; and do hereby order that said Code
o~f F~air Comlpettitin be and it is hereby approved; provided, how-
everl, that the continuedl participation of the Collapsible Tube M~lanu-
factulrers Association in the Code A1~ut~hority7 after 30 days from the
effec~ti-e tdate of this Codec shall be contingent upon its amending its
constitution and- by-'Inws to the satisfaction of the Admiinistrator.
Hnoo S. JOHNSON,
Adm7ninistrator for Ilndustrial Recovery.
A ipproval rc~onnuen~ldedd.:
W'. A. HARRIMrAN,
Divlisionl Administrator.
W.~1(sn)ISaMN D.C.
M2archT _17, 193S
47T015*L'-n---4so a (200)













REPORT TO THE PRESIDENT


The PRESIDENT,
Thc WVhite House.
SIR: This is a report on the Code of Fair Compe~ctitio~n for the
Collapsible T'ube Indlustry, the hearing having beenrl conducted
thereon. in Washington, D.C., on February 1, 1934, in nrco(rdancec
with the provisions of the National Recovery Act.

REtsSUME OF CODE AS 'PO WAGES AND HOURS

This Code provides~ that the working hours shall not exceed eight
(8) hours per dayr and forty (40) hours per week, except that em-
ployees mnay wForkr thirty-twpo (32) hours in excess of a forty (40)
hour week in any 6 months' period, to take care of peak demands
caused by Radlio B~roadcasting. The normal working week~~l for
power plant employees is forty-four (44) hours and for watchlmen
fifty-sixr (56) hours. Mla nagerial, executive and supervisory em-
ployees receiving not less than $35 per week and outside salesmen
are exempted fromt thae provisions as to working hours.
- The minimum rates of pay provided for production labor are 410$
per hour for muen and 350 per hour for wvom-en. With the exception
of watchmen and power plant employees time and one-half will be
paid all employees who work: in excess of eight (8) hours per day
or forty (40) hours per week. All other employees such as office
employees will be paid not less than $15 per week.
Equitable adljustmentlls are to be mlalle of all wage rates above said
mmnima.
Child Labor is prohibited and no person under 1_8 years of age shall
be~ employed in a hazardous occupation.

GENERAL STATEMIENT

The Collapsible T~ube Industry as defined in the Code includes the
manufacture, production and sale of collapsl;ib~le tubes. ALs collaps-
ible tubes are used as containers for such articles as tooth paste, shoe
cream, cement and vaseline, the customers of this IndustryT are almost
entirely confined to the manufacturers of these articles.
While figures as to the total inv\estmentl in the Industry were not
obtainable, the number of wcsage earners in normal times is about
1,400 em pllloy~ees with an estimated payroll of $1,750,000.
In 19293 which may be considered a normal year'' the operations were
at a rate of approximately 86%0 of capacity and their value of pro-
dlc~tion,1 was $8,913,000. It is to be noted that the value of labor in
thre products wavss $700,000 less than during th~e year 1927 due to the
development of other types of conta~in-ers and the increase in popu-
larity of tooth powder over tooth paste?.
(210)






2111


Oper~ationis in. 1931 were ab~out 8:,158 of cnlapaity; in 192: about; T07
of capacity; inl 1933 about 800; of enpnecity.
I believe that the Codle is fair to IndlustryS, to Labor and to the
Public, and is in accordance with the intenlt and purpose of the
National Indu~str~ial Riecovery Act.
FINDINGS

Thle Assistant Deputy Admninistrator in his final report to mre on
saidl Code hlavinrr found as her~ein set forth. and on, thle basis of all
the proceedings in. this matter:
I find that:
(a) Said Codle is well designed to promote the policies and puir-
posets of Title I of the ~National Industr~ial Rtecovery 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 the purpose of cooperative action amngCnr the trade groups,
by inducingr andt maintaining united action of labor and manragement
und~er adequate grovernmlental sanctions and supervision. by elimi-
nat i ng unfa ir competitive practices, by promot ing the fullest possFible
utilization of thEe present pIrodluctive capacity of industries, by
avoidingr undue restriction of production (except as may be temnpo-
r~arily requir~ed), by incr~easing thfe consumption of industrial and
agricult urlal products through increasing purchasing powerl, by
reducing and relieving unempllloymnent, by impllO\ilrovn stanldardsl of
labor, andi byg otherwise rehabilita;ting industry.
(b) Said ITndustry normnallys employs not mloret thani .000?
emlploy-ees; and is not classified b"y mle as a majlor in dust ry..
(c) Thle Code. as appr~oved~ complies in all r~espects withl thle perti-
nenlt provisions o~f said Title of said Acet, including without Ilmitaltion
Subectionl (a) of Sect ion 3, Subsection (a) of Scct ion "7, andtl Subsee-
tion (b,) of Section 10 therleof; andt th~at the apple ica nt group is a t endes
association truly representative of thre aforesaid I[ndustryI; and that
said association imposes no inequitable r~estricitions on admlli~ssion to
mlemlber'Ship therein.
(d) The C'ode is not designed to andli wFill not penuit- monopolies
or mnonop~olistic practices.
(e)1 Thle Code 1s not designedl to and- wIill not e~illiminate or oppr)e6 s
sml nter~prises anld will not operate to disciriminate against, them).
(f) Those engagedl in other steps of the economic prc~ess have not
been dlepr~ived of the right to be heard pr~ior to, apr~oval of said Codel.
For theset reasons, therefore, I1 have approved this C~odet; proviledl,
howev-er, that the continued participation of the Collap~sible Tube
Indusitry in the Code Author~ity after 30 days from the effective dalte
of this Code shall be contingeniit u1pon its amnending its conistitutioni
and by-laws to the satisfaction ofi the Admiiinistrator..
Respectfully,
I~va S. JOHNHON,
Adminis;rlt9r~ato-r.
ISlnce ;17, 1934.












CODE O~F FAIR COMilPET~ITION FOR THE COLLAPSIBLE
TUBE: INDU7STR~tY

Anou I -PURPOSEs

To effect the policies of Title I of the National In~dustrial Recovecry
Act, the following provisions are established as a Code of Fair Comn-
petition for the Collapsible Tube Industry and shall be the standard
of fair competition for such Inzdustry and shall be binding on every
member thereof.
Annous II-DEFINITIONS

SECTION 1. The term Collapsible Tube Industry means the
manufacture, production and sale of collapsible tubes.
SECTION 2. Member of the Industry means any individual, part-
nership, association, corporation or other enterprise engaged in the
manufacture and sale of collapsible tubes.
SECTION 3. The term "Association means the Collapsible Tube
Manufacturers' Association, Inc.
SECTION 4. The term President ", "Act and "Administrator ",
as used hlerein, shall mean respectively the President of the U~nited
States, Title I of the National Industrial Recovery Act, and the
Admninistrator for Industrial Rtecovery."
SECTIION 5. T~he term employer as used herein shall include
every- individual, partnership, associations, corporation, or properly
appointed receiver or trustee, or other person engaged in the manu-
f~c~turle or sale of collapsible tubes.
SECTION 6. The te~rm ": employee as used herein includes any per-
son engaged in any phase of the Industry~ in any capacity receiving
compensation for his services, irrespective of the method of payment
of such compensation.
SECTION 7. The term Code Authority means the administrative
body provided for in Article VI of this Code.
ARTICLE III-H-IounS

SECTION 1. No employee shall be permitted to work in excess of
40 hours in anyI one weekr or 8 hours in azny one diay, except as herein
othfrw\ise provided, nor more than 6 days in any one week.
SECTION 2. These limitations shall not apply to branches of this
Industry in which peak demollralsl place an unusual and temporary
burden upon such branches provided~( that not to t~lexceed 32 hours
exceess many be worked in any six months' period, and that in. no case
shall the hours worked ini anyJ one wceekr exceed 48.
SECTION 3. All employees shall be paid at the rate of time and onle-
half for all hours worked in excess of 40 hours per week or 8 hou-rp
per day except as hereafter provided.
(212)






f213


SECTIONV 4. ]Providedl further, that pow~er plant. fir~zlemen and engsC~-
nleers and watc~hmnl because of the nautur~e of their occupationn. be
excepted from the limitation of the mlaximum hours and overtime
seat forth in the precedingr par~agraphs, but in no case shall powecr
plat freen ndenginleersi work in excess of" 44 hours in any onle
weeck, nor shall watchmenl worke in excess of 56 hours in any one wecek.
SEC.TION 5. The mlaximuml~ hours fixedl in this section shall not apply
to any employee on emergenlcy? ma1inltenance or emnergaency repair
w\ork, including breakdownis or protection of life or property, but
inl any suchl special case, at least onle and one! half times hnis normal
rate shall be paid for hours wor~ked in excess of the maximum here-
inabove pr~ovided for said emiploye.
SEcTION 6. NO epvnloyee sha~:ll knowningaly be p'ermitted~ to work in
thbe saggregate in. excess of the above prescribed numllber of hours
irrespective of whlethler sue'rch eployee be on. the payl roll of moret
than one employer, and
SECTION 7. Pirovadele, further, that nothing in the foregoing em-
ploymnent provisions shall apply to employees engaged in executive,
mnarlgrerial and supervisory capacities, who receive $35.00 or more
per week and outside salesmen, except that whenever executives or
ow-ner~s of tlhe plant eng~age inl the proessing of the products of the
plant such executives or owners shall; be subject to the maxsimumi
hours app-licable to the particullar -work in which they may be
ellngaedl .
ARTICLE IV77- AGES

SEcTION 1. On and after the effective date, t~he minimum wageo
which shall be paidl by any employer to any employees engagedl in
the processing of produc"ts in the Ind~ustry and any labor incident
thereto, shall be 40S p>er hour for males and 35QS per hour for
femlales. Provided~ fulrther that learners maly be paid nlot less thanlr
80%c of the above mninimnuml wage for a, period no~t to exc~eedl 30
days in thle indul lst ry, i rrespect ive of whether or not they are or have
beenl employ-ed by one or mlore emnployers and the total ntnubler. of
.suchr learners shall not exceed 5"',c of the total llnumber employecd
by anly su~ch emnploy!er in any calendar month.
SilEc'Trox 2. Equitable adcjustmencr t of compnl-clation1 of employees
receivTing mnore thanl the miinim~um rates of pay herein prescribedt
shanll be mndle by all employers wpho have not heretofore mad~te
such adjustmrents, and all employers shall w-ithil thirty (30) duy1!s
after appr~oval of this Cod~e, report in full to the Code~ AIuthor'ity
conlcerningg such adjustmienits whether mnade pr'ior to or subsequent
to such app~roval, povidedl. however, that, in no evenlt shall hourlly
rates of pany be reduced~.
HECTION 3. This article establishles a mninimluml rate of pay which
shall ap~plyT, irrespective of whlether the employee is actually com-
pens~ated on a t-ime rate, pieice-wporkr or other basis.
Sur~roso 4. Fem~lale employees perlformling sulbstantially the am
work as mlale emlployees shall receive the sam~e rate of pa:y as m~ale
empllloyees"; aldl where they displace men. they shall re~eive. the;
somie rate of earnings as the mnen they displacer. The Codle A~uthorr-
ity shall within ninety days after the~ effective dlate o-f this Cod~e
file with th Administrator a dlescrIiption of all occ~upations in the





214


Industry, indicating the nlum~berr and sex of the employees in each
occupation.
SECTION 5. On and after th~e effective date, the minimum wage
that shall be paid by anly employer to all other employees not
covered by Section 1, and commilssion sales people, shall be not less
than at the rate of $15.00 per week.
SECTION 6. Office boys and girls, not to exceed more than 5%0 of
all office employees of the employer and in any case not less than
one shall be exempt from the provisions of this Article provided
theyT are paid at a rate of not less than 80%/ of the above minimum
wages.
SECTIONlr 7. A person whose earning capacity is limited because
of age or physical or mental handicap may be emnployed on light
workz at a wage not less than 80%l of the minimum established by
this Code, if the employer obtains from the State authority design-
natedd by the UTnited States Department of Labor a certificate
authorizing his employment at such wciages and for such. hours as
shall be stated in the certificate. Such authority shall be gfuidied by
the instructions of the U~nited States Deparlltment of Labor in
issuing certificates to such, persons. Each emlploy~er shall file with
the Code Authnority a list of all such persons employed by him.
Provided, however, that the total number of such employees shall
not exceed 2%r of the total number of employees in an individual
plant.
ARTICLE V--GENERAL LBBon IPnovision's

SECTION 1. Child Labor IProv-isions.--No person under sixteen
(16) years of age shall be employed in the Indtustry. No person
under eighteen (18) years of age shall be employed at operations or
occupations which are hazardous in nature or dangerous to health.
The Code Authority shall submit to thne A~dministrator 60 days after
the effective date of the Code, a list of such opler t ions or occupations.
In any State an employer shall be deemend to have complied with this
provision as to age if he shall have on file a certificate or permit duly
issued by the Authority in such State empowered to issue employment
or agre certificates or permits showing that the employee is of the
required age.
SECTION 2. Pl'rod~iosji( from the Act.--In compliance~ with Secltion
? (a) of the Act, it is provided:
(a) That employees shall have the right to organize and bargain
conllecti;vely, through represent`ta't ives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation. of such reptresentatives or
in self-organization or in other concerted activities for thle pulrpocse of
collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall be re-
quired as a condition of employment to jomn any compan;lry umion or
to re rain. rom joinimg, orgamizing, or assistmng as lor orgamiza lon
of his own choosing, and
(c) That employers shall comply with the maxsimluml hours of
labor, minimmum rates of pay, and other conditions of emrployment
approved or prescribed by the President.






1215


SEcTIONr 3. RoysjCG8ficaton of Employe~es.- Nol~ emplloyer shall re-
classify employees or duties of occupations performedl or engag;~e inl
any other subterfuge for the purpose of defeating the p~rovisions1 of
the Act or of this Code.
S1ecrzoxu 4. Standard~s for Safet~y and HealtL.--Eve~rry employer
shall provide for the safety andc~ health of his emp~loyeers at the place
and during th~e hours of thieir emiployment. Standards for safety
and hera~lth shall be submitted by the Codec Aulthor~ity to th~e Ai~dmin-
istra~tor wIitlinl siX (6) months after the effective date of this Code.
SECTION 5. rStatet La ws ----No procvision in this Code shall sulpe~rsede
any State or F~ederanl law which imnposes mlolre stringent. requirements
on employers as to age of emlployees, wages, hours of work, or as to
safety, health,. sanitary or general wor~king condrtiolns, or insulrance
or fir~e protection, than are. imposed by this Code.
SEC:TION 6. PO~tig.Wihinl 20 days a fter th effective da te, ea7ch
employer shall pos~t, aind therecafter miaintain, in conspiculouls places
acce~ssble to emlploy~ees full copies of this Code and any amend-
ments or mlodifications which mnay later be approved.

ARTICLE VI-O(Ah.IxzIrIOxj, POWERS AND DUTTIES OF CODE,
AUTHORITY

SECTION 1. A codle authority of ~five members representative of the
Indu~stry shall be elected by the Indus~try and shall serve for the
period of one year. In addritioin, the Administr~ator mlay appol~int no-t
to exceed three non-voting representatives. All members enpagedl in
the Industry shall be entitled to participate: in the election of such
Industry members of the Code Ailuthorityg.
(a)6 Such election shall be had at general meetings of the Industry
a ndamajority v-ote shall be necessary for election. At least sixty
percent of the members of the Indu~stry shall constitute a quorulm
fr such election. Reasonable notice o~f such meeting shall be given
to all members of the Industry.
(b) Each trade or industrial association directly or indirectly pa7r-
ticipating~ in the selection or activities of the Code Authority ,;hall
(1) impose nlo inequitable restrictionss on membership, and (2) submit
to thne Adminristrator true copies of its articles of association, by
law~s, regullations, and any atmendm~ents w~hen made thlereto, to-
gether with such other information as to membership, organization,
and activities as th~e Administrator may deeml necessaryl to etrectuazte
th purpJoses of the Act.
(c) In order that the Clode Aulthtority shall at all times be trruly
r~ep rec:en t a tiv \of the ind~ustr~y andl inl other respects comply wvith thle
provisio~ns of the Act, th dinsrto a rescribet such1 harnl-
.ingrs as he mnay decemn pr~oper; and thereasfter ifhshlfn tate
Code Authocrity is not truly representative or does not in other
rIespecrts comply withl the provisio-ns of thre Act, ma~yr require an
appopr'lniate mlod~ifictio~i( n inl thle methiod of sele~ctionl of the Code
(d) Met'c;;~Jmbers orf thle Indulstr shall be entitledl toprticipt in
and share the benefitsj of the activities of the Code Athorit and
a SIe paragraph 2 of orde appirovinlg thi Coe.






216


to participate in the selection of the members thereof by assenting
to and complyinga with the requirements of this Code and[ sustaining~
their reasonable share of the expenses of its administration. Such
reasonable share of the expense of administration shall be determined
by the Code A~uthority, subject to review by the Administrator, on
the basis of volume of business and/or such other factors as may be
deemed equitable.
SECTION 2. The Code Authority shall have the following further
powers and duties, the exercise of which shall be reported to the
Administrator.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the IndusitryS with the provisions of
the Act.
(b) To collect from the members of the Industry through an
impartial agent with full protection to each member as to the: confi-
dential nature of the material all data and statistics required by the
Administrator or pertinent to the effectuation of the Act and said
agent shall compile the data and statistics and furnish the same to
the N~ational Recovery Administration and to the members of the
Industry all in such form and manner as thle Code Authority shall
prescribe subject to the approval of the Administrator.
(c) To make studies and investigations for the: establishment of
classifications, dimensional standards, and quality specifications for
products of the Industry.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
assinccitions and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the coor-:
dination of the administration of this Code with such other codes,
if any, as may be related to the Industry.
(f ) To cooperate with the Administrator in regulating the use of
anly N.R.AI. insignia solely by those members of the Industry who
have assented to, and are complying with, this Code.
(g) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other Codes as
mary be related to the Industry for the purpose of formulating fair
trade practices to govern the relationship between production and
distribution employers under this Code and such others, to the end
that such fair trade practices may be proposed to the Administrator
as amendments to this Code and such other Codes.
(h) TChe Code Authority may adopt a method of selling by pub-
lication of price schedules by all members of the Industry, if and
when a majority of the members of the Industry so determine at a
general meeting of the Industry, and upon the approval of the
Administrator.
(i) If the Aldministrator shall determine that any action of a
Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator m~ay require






2j17


that sulch action be Iuspendeld to afford an opportunflllit' .for inves-
tigantion of the merits of su~ch nation and fulrthecr considerilation by
such Cod~e Authorityy or agenlcy pending final action, whiich shall not
be effec~tiv-e unless the Admlnjis~tratorl appr'Loves or unless he shall
fail to disappr)Iove after thirty days' notice to him of intention to
pr~ocreed with such action in its original or mlodified' formc.
(j) In addition to information required to be submitted to any
code nuthority, all or any of thae persons subject to this code shall
furnish such statistical information as the Administrator may
deeml necessary for thle pu~rrposes recited in Section 3 (a) of said
Act to sulch Federal and State agencies as thie Aidmi nistrator may
designate; nor shall anything in 'this code relieve any- person o
any existing obligations to furnish reports to G~overnment agencies.
No individual reports shall be d~iscclosed to any other member of
the Ind ust ry or any other1 par'ty excep-'~lt to suc~h govrnmenl'l lltall agencies
as may be dlesignatedl by the AXdministr~ator.
ArlTI(LE TjrI -FROVISION? S XEGA.RDING. TRADE PHAsC'IersI.

Fior all purp-oses~ of the Codte the nets dlescribed~- in this Article
shall c~onstitutez unfair practices.. Ainy mlember~~ of th~e Indus~try
who shall dlirectly, or indirectly through any officer, employee, agent
or reprel~sen~tattive use, employ, or permit to be emplolryed, any of
such~ unfair p~ractices shall be guilty- of a violationl of the Code.
Srer-nocr 1. Secret allow-ances of anyv kind.
SECT'IONI 2. No meLmber of the Industry shall withhold from or
insert in ainy qulctationl or invoicec anything that mlaktes it inaccu-
rate inl any malter~ial patrticular.
SECTioN 3. ~O R110WHHlllCt tO be made for the return of containers
or boxes or anyr par~ts thereof. ~Nor shall any consideration direct
or indlirect h~e giv~en for conltainers,, boxes or any parts thereof in
which~ collapsible tubes have previously been packied
SECTIONS 4. Making of mlater~ially inaccurate or clerogrtoryr state-
mens about competitors prrodutsllt or regral~lrdin the character, man-
agemient. or financial standing of a comipetitor.
SECT'ION 5. MIateriallyr false or mlisle~ading adv-ertising, mislabelingr
andl misbrandling.
SEenuICs G. The production or rcproduictio n of brand1~s or trade
marks wh~lich to the k~now\\ledget of the melmber of the Indlustry1)
inv-olv\ed, so nearly resemblle brandis or trade marks on the marke
as to confuse or decceive the public.
~SECTTION. NO mlembler of the Induxstry shall attempt to :induce
the breacht orf an ex-istingr contract between. a colpcetitor and custo-
me or sourlce of supply; nor shall any such member interfere with
or obstruct the p~erformannce of such contractual duties or services.
SEemslh 8. Enlteringr knowingly into quaontity conitrnets w~ith buiy-
ers w~ithou~it obligationl on ftheir p~at to take de~li\'ery of thre qulantities
spe'cifiedJ in the c~ontrlc~t or on thec qluotationl for thec puurpolse of
giving~I special unwvarrantedc price~s.
SCECTTON 0. No member of the Indust~iry shall sell any commodity
at a price belowv his ow~n allowalblet cost, as determined by the cost






218


accounting system provided for in Article I~X, Section 2; provided,
how-eer, any member may meet the price competition of any one
whose allowable costs under this Code provision are lower.
ARTICLE VIII-M/omrFICaTroN

SECTION 1. This Code and all the provisions thereof are exrpressly
made subject to the right of the President of the United States, in
accordance with the provisions of subsection (b) of Section 10 of
the National Industrial Reco~very Act, from time to time to cancel
or modify any order, approval, license, rule or regulation issuedl
under Title I of said Act and specifically, but without limitation,
to the righr~t of the President to cancel or modify his approval of
this Code or any conditions imposed by him upon his apprvlcl
thereof.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification. to be based upon application to the Ad-
ministrator and such. notice and hearings as he shall specify, and
to become effective on approval of the President.
ARTICLE IX--CosTwo

S~ECTION i. In the even~lt anly member or members shall file a coml-
plaint with the Code Authority, accusing another member or mem-
bers of violating the provisions of Article VII, Section 9 it shall
then be incumbent upon the Code Authority to investigate such com-
plaint, emnployingr such. accountants as may be dleemedcc necessary by
the Code! Authority.
SECTION 2. The Code A~iuthority shall cause to be formulated an
accounting system and methods of cost finding and/or estimating
capable of use by all members of the Industry, which shall be filed
with the Administrator and shall be effective, subject to thle approval
of the Athnniist rato.r, after such notice and hearing as he may
requre.After such system and methods have been formulated, full
details concerning them shall be madle available to all members.
Thereafter all members shall determine and/or estimate costs in
accordance with the principle of such methods.
SECCTION 3. Thle Code Authority may onl tlhe complaint of any
affected party, investigate whether any given product or products
has or have been sold below cost and report the results of such in-
vestigration to the proper authority or authorities ~for appropriate
action. The Code Authority subject to appeal to the Administrator
may, as between parties who have expressly assented to this provi-
sion, assess the costs of such investigation a~gainlt the complainant
or the defendant, or both.

ARTICLE X;-EXPORTS

No p~rovisionls of this Code relating to prices or terms of selling:
shipping or marketing, shall apply to export trade or sales or shnip-
ments for export trade.






219

ARTICE 1l~ 1-110NoPOLI.r E

No ~pr~ovisions of this Codelt .shall be so applied as to permit. monop-
olies or mlonopoclis;tic prncetices,! or to eliminate, oppress, or di e~rian-
inate againl-t small enlterp~rises.

ARTICLE XTII--EF'ECTIVE\. DATE:

This rcod~e shanll become effc~ctive the third Mionday after it is
approvedt by the Presiden~lt.
Approved~r Codel Nuo. 345.
r liegist ry No. 114-11-01.




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