MRr ele by tlhe egtemient of Doemments. WhbasZ~agt, D.C. . Price 5 cents
~pparoed Coale No. 502
Registry, No. 1139--04
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMIPE TITI ON
WE DO OUR PARY
GOVERNMENT PRINTING OFMIC$
AS APPROVED ON AUGUST II, 1934
T'his publication is for sale by the Superintendent of Documents, Government
Printing Office, Wlashington, D.C., and by district offies of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Offce Building.
Birmzinghamn, Ala. : 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.; Chamber of Commerce Building.
Detroit, M~ich.: 801 First National Bank Building.
Hlouston, Tex.: Chalmber of Commerce Building.
Ind~ianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, F'la.: Chamber of Commerce Building.
Kiansas City, M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, K~y.: 408 Federal: Building.
Memphis, Tenn.: 229: Federal Building.
Minlneapolis, Mlinn.: 213 Federal Building.
New Orleans, La.: Room 225-A4, Customhouse.
New ~Yorkr, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plum~e Street.
Philadelphia, Pa.: 422 Commer'cial Trust B~uilding.
Pittsburgh, Pa.: c`ha7mbecr of Commerce, Buildinig.
Portland, Oreg.: 215 New Post Office Building.. :
St. Louis, Mo.: 500 Olive Strteet.
San Fraincis~o. Calif.: 310 Custombouse.
seattle, Wash.: 809 Federal Office Building.
Approved Code No. 502
CODE OF ]FALIR COMPETITION
UPWARD-ACTING~ DOO~R INDUSTRY~i
As Approved on August 11, 1934
APPROVING CODE OF FAIR COMPETITION FOR THE UPWARD-AcIma
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 Upward-Acting Door Industry, and
hearings having been duly held thereon and the annxed report on
said Code, containing findings with resp~ect thereto, having been
made and directed to the President:
NOW THEREFORE, on behalf of the President of the United
States, i, Hugh S. Johnson, Administrator for Industrial RecoveIry,
pursuant to authority vested in me by Executive Orders of the Presl-
dent, including Ex-ecutive Order No. 654~3-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code compiles in all repects with
the perti nen t provisions and will promote the policy adpurp"oses
of said Tit~le of said Act; and do hereby ordethtsiCoeo
Fair Competition be and it is hereby approved on condition t~hat
the Association of M\Ianufacturers of Uqward-Acting Doors shall
amend its Constitution to the satisfaction of the Administrator
within sixty days from the date hereof.
Hoona 8. JonxsonS
Administrator for: Industrial RecovLery.
BenroN W. Mrrunny
Division A m~.inistrator.
August 11, 1934.
7i0040*-1044--5 34--1 (71)
REPORT TO TH~E PRESIDENT
The TY ite Hi~louse.
SIR: This is a report on the Code of Fair Competition. ~for the
Upwa''rd-Actingi Door Industry, as revised after a public hearing
conductedl~ in W~ashington, D.C.:, on August 1, 1934, in accordance
with the provisions of Title I of the National Industrial Recovery
PROVISIONS AS TO HOURS AND WAGES
Employees are not permitted to work more than thirty-six hours
per week or eight hours per day, except as otherwise provided. Em-
ployees are not permitted to work more than five days out of any
seven, except as otherwise provided.
H-ourly limitations do not applyr to traveling salesmen; or to man-
agers, executives or su-pervisors wYho receive thirty-five dollars or
more per week. H-ourly limitations clo not apply to employees en-
gaged in emergency work involving breakdowns or the protection
of life or property, provided one and one-half times the normal rate
is paid for hours worked in excess of thirty-six per week or eight
To meet peak production periods, plant and factory employees are
permitted to work forty-eight hours per week during twelve weeks
in each calendar year, provided one aind one-half times the normal
rate is paid for hours worked in excess of forty per week or eight
per day. Watchmen are not permitted to work more than fifty-six
hours per weekr.
The minimum hourly rate of pay for male employees, except office
and sales employees, shall be forty cents per hour. Female em-
ployees performing substantially the same work aks male enip~loyees
shall receive the same pay as male em~pl~oyees. Office, service or ~sales
employees shall receive a minimum rate of 'fifteen dollars per nteek.
A rminimum rate of pay is established, regardless of wnhether a~n
employee is compensated on a time rate, piece work, or other basis.
Compensation of employees receiving more than the minimum shall
be equitably adjusted and reported to the Code Autho'rity b~ut in
no event shall rates of pay be reduced. No person under sixteen
years of age shall be employed in the Industry nor any persoryn under
eighteen years of age in hazardous occupations or those dctranmentall
ECONOMIC EFFECTS OF THE~ CODE
This is a new Industry. In 1928 there were only three firms in
this field; there are now twenty concerns. Employlen~t has dropped
frorn the high point of 1929 and 1930, when there were 3,000 em-
p~loyees, to 2,000 in 1933. Decreased volume of construction for the
past four years has been felt byr this Industry, even ~though~ sales
reached a high point in 1933. Sales per company showed a very
Pracrtically all the members of this Industry and its sev-era'l divi-
sionsu nccptedl thle Presid'ent's Reemp Iloymnllt Aremet Thiis
Aglt~lrlmnt actually alffeccte~ olnlyamllicaeinmlomt
beenusle of decleazsed volume of businss.l Wag~lnes gn erlnly in th
Indu~stry wer~e above those p~rescr~ibedl by the Pres~ident'ls Reemplo1Cy-
Under the Code some small increase in employment is experctedl
as a result of th~e thirty-six hiour week. Thiis increase will be mlarkedl
as thle vcolume of consitructionl increases.
It is expected that Price and TIrale~ ]Pr~c~tice 1Provisions of the
Code will go far to correct many of the disturb~ing elements of the
Industry andl will react faivorably to stabilization of emlploymlent.
Tlhe Assistant Deputy Administrator in. his final report to mne on
said Code, having found as hlerein set forth and on the basis of all
the proceedings in this matter;
I fid that:
(a) Said Code is well designed to promote the policies and puxr-
poses of Title I of t~he National Industrial RIecovery Act, including
removal of obstructions to the free flowP of interstate and foreign
commerce whichl tend to diminish the amount thereof anld wJill pro-
vide for the general welfare by promoting the organization of indus-
try for th(e purpose of cooperative action among the trade groups, byg
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promotingteuletpsbe
utilization of the present productive capacity of inutri~fles, by avid-e
ing undue restriction of production (except as may be~ temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs nlot more than. 50,000 em
ployees; and is not classified by e as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of saidl Act, including without Ilimita-
tion of Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and w~ill not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and' will not eliminate or oppress
s--- ---L-~I~U"" ~'""- "'y"~~mall enterprises andl wi-ll not. onprate ton liscrriminate against them.
(f) Thiose engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons, therefore, the Code has been approved.
.I:TUGII S. dO~HNSON,
AccosT 11, 1934.
CODE OF FAIR COMPETITION FOR THEIE UPWARD-
ACTINJG DOOR INDUSTRY
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Upward-Acting Door Industry, and its provisions shall be the
standards of fair competition for such industry and shall be binding
upon every memberlt~l thereof.
AtlRTCLE II -DEFINITIONS
SECTION 1. The term "' Upward-Acting Door Industry or "( In-
dustry as used herein is defined to mean and include the (1) fabri-
cation and/or assembly (for sale) and/or (2) distribution and/or
(3) erection or installation and/or (4) repair of industry products
by the manufacturer or distributor.
SECTION 2. The term "C Products of this Industry or "L Products "
as used herein, is defined to mean and include doors of whatever ma-
teri~al constructed, (including operating mechanisms and/or equip-
ment) which are fabricated and/or assembled and/or installed in
conjunction with such operating mechhanism and/or equipment con-
trolling the operation and/or function of the completed installation,
and which are more specifically defined hereinafter, and such other
related branches, sub-division and/or functions as may from time to
time be included unde-r the- provisions of this code by_ the Adminis-
trator after such notice and hearing as he may prescribe:
(a) Single section doors moving radially unpara to a horizontal
position above the opening;
(b) Mulltip~le section doors with all sections hinged together,
lower section or sections folding upwardly to a position where all
sections are disposedc horizontally above the opening;
(c) Multiple section doors with all sections hinged together acting
upwardly -and rear-wardly- to a horizontal position above the
(d) Devices, appliances, operating mechanism and equipment used
in connection with above mentioned products; and/or
(e) Operating hardware made for and used in connection with
the above mentioned products;
S~ECTION 3. Thne term member of the industry includes but
without limitation any individual, partnership, associattion, ~corpo-
ration, or other form of enterprise engaged in the industry, either
as an employer or on his or its own. behalf.
SECTIONJ 4. Trhe term "dcivision of the industry or "Ldivision"~ as
used herein shall mean one of the follow\Ting branches of thle infdustr;
(1) Fabrication and/or assembly (for sale), (2) distribution, (3)
erection or installation, (4) repair of industry products; and such`
other dlivisionIs as ma1y hereafter be established.
1SECTTrON 5. Thle Tel~rm "Associatio-n as used~ hlerein shall mean
"Alssociatio n of Mannufactlturers of UC~pw~ard-Acting~ Doorsl~.'"
SECTION 6. Tile tC1r1ll Ilenlb)0P Of the rliviloll R' S IIsPOl herein ill*
cludets any member of thle industry engag~ed~ in one of thne divisions
which are hlerebS or miay hereafter be estab~lishedl.
SECTION 1. Thle termn Employee as usedc herein includes any
and al 1rpersonns enaged in the industry, hlow\ever comnpenjate~d, except
a, memlber of the inrdustry.
SECTION 8. The term "' Employer as usedl herein includes any-
one in the I~ndustry by wnhomn such employee is compensated or
OECTION 9. The terms -" Presid~ent n,", "Act "' and "Admli n ist rato r "'
as used herein shall .mean respectively the President of the U~nited
States, Title I of the NTational Industrial Recovery Atct, and the
Administrator for Industrial Recovery.
Arrios TIII-REOULATION or Houns or WORKE
SECTIrON i. MOasi~mitT ElO?&7.--No employee shall be permlittedl to
work in excess of thirty-six (36) hours in any seven-day period or
eight (8) hours in any day, nor more than five (5) days in an~y
seven-day period, except that for six (0) weeks in. a six (6) months
period employees may be permitted to work not in excess of eight
(8) hours per day or forty-eight (48) hours in anyr one (1) seven
At least time and one-half shall be paid for hours worked in excess
of eight (8) hours in any day or thirty-six (36) hours in any seven
(7) day period.
SECTION 2. E~xceptions.--(a) N'o person employed ini clerical or
office work shall be permitted to work in excess o~f forty (40) hours
in any week sevenn (7~) day period), or ninel 1(9) hours in any day
(twenty-four (24) hour period), or five and one-half (51/) days
in any seven (7) day period. A normal w-ork day shall consist of
eight (8) hours.
(b) Employees engaged as watchimen shall not be permitted to
work in excess of fifty-six (56) hours or six (6) days in, onie (1) seven
(7~) day period.
SECTION 3. ExEm1Ptions.-(a)8 The provisions of this Article in
respect to the limitations of hours shlall not apply to employees en-
gaged in an executive or managerial capacity wJho receive not less
than thlirty-five dollars ($35.00) per w-eek, or to traveling; salesmnen.
(b) The provisions of this Art~icle in respect to the limiitation of
hours shall not apply to employees engaged in emergency mnainte-
nance or -emergency repair wlorkc involving break-downls or pro-
tection of life or property, providled, however, tha at least one and
one-half (11/2) times the normal rate shall be paid for hours work~edl
in excess of thle maximnum hours herein provided by this Article.
SECTION 4. Ern~ployment by sevleral EmlnFoyers.-No member of
the Industry shall kn~owingly permit any employee to w~ork- for any
a See paragraph 2 of order approving: this Code.
time which, when totaled with that already performed with another
emplloyer, excee~ds the maximum permitted herein.
Prenox~, 1. Minimum Wage.-N~o employee shall be paid in any
pay period less than at the rate of forty cents ($0.40) per hour, ex-
cept as herein. otherwise provided.
SECTIION 2. dliniflbW1 7agye fOT C/Prical1 and Of)Ece ~Employees.--
NSo person employed in clerical or office work shall be paid in any
pay period less than at the rate of fifteen dollars ($15.00) per week.
SECTION 3. This ALrticlle establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually comn-
pDensated on a time rate, pieceworkr, or other basis.
SECTION 4. No employee now employed at a rate in excess of the
minimum shall be discharged and reemployed or replaced by an-
othecr at a lower rate for the purpose of evading the provisions of
SECTION 5. H~andicapDped Employees.--A. person whose earning
capacity is limited because of age, physical or mental handicap, may
be employed on light work at a wage below the minimum established
by this Code, if the employer obtains from the state authority, desig-
nated by the U~nited States Department of Labor, a certificate au-
thorizing such person's employment; at such wages and for such hours
as shall be stated in the certificate. Such authority shall be guided
by the instructions of the United States Department of Labor in
issuing certificates to such persons. Each employer shall file
monthly with the Code Authority a list of all such persons employed
by~ him, showing the wPages paid to, and the maximum hours of wro~rk
for such employee.
SECTION 6. Female ~Employees.--Female employees performing
substantially the same work: as male employees shall receive the same
rate of pay as male employees.
SECTION 7. Wages Above the ~i~nimun.--Every employere? shall
make an equitable adjustment of all wage rates above the minimum.
In no case shall hourly wage rates be reduced. N~o change shall be
made in piece-work rates which will reduce the hourly earnings of
piece workers. The action taken by each member of the Industry in
accordance with this provision, shall be reported to the Code Au-
thority within thirty (30) days after the effective date of this Code
and to the A~dministrator on his request.
AnTersI V--GENERAL[ LABOR PROVrISIONS
SECTION 1. No person under sixteen (16) years of age shall be em-
ployed in the Industryr. No person under eighteen (18) years of age
shall be employed at operations or occupations w7Chichi are-hazardious
in nature or dangerous to health. The Code Authorit~y shall submit
to the Administrator for approval within sixty (60}: days after
the effective'date of the Code, a list of suchn operations or occup~a-
tions. In any State an employer shall be deemled to hasdr complied2
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 age certificates or ~er~mits shlow\ing that the
employee is of the required age.
SECTION 2. (a) Empll~oyes shall havre the right to orga~Lnizee and
bargain collectively, through~ representative s of thleir own choosinI,,
and shall be free fromt the interference. restranint, or merc~ian of el--
ployers of labor,. or their agents, in the designlation of such11 represent-
atives or in self-organizationi or in others co~ncertedl activities for
the purpose of collective barguaininlg or o-ther multual aidl or protec-
(b) No emnployee andl no onie seeking emnploymllent shall be requiredl
as a condlition of employment to join any company union or to re-
framn fromt joining, organizing, or assisting a labor organization of
his own ch~oosingo; and
(c) Employers shall comply with the maxsimulm hourrs of labor,
miiinimum rates of pay, and others conditions of employment ap-
proved or prescribed by the President.
SEcTION 3. No- employer shall reclassifyl employees or the duties
of occupations performed or engage in any subIterfuge forr the pur-
pose or with the intent or effect of defeating the provisions of' thle
Act. or of this Code.
SECTION 4. Every employerhll m~~1Iake r~easonable provision for
the safety and health of his employees at. the place and dluringE the
hours of their employment. Standards for safety and healthu shall
be submlitted by the Code Authority to thle Admlinisitra~tor: 'within
three (3) months after the effective date of this Code.
SECTI~ON 5,. No provisions in this Code shall supersede any State
or Federal law which imposes on employers mnore stringent require-
mnents as to age of employees, wages, hours of worrk, o~r as to safety,
health, sanitary or general working conditions, or insura~nce or fire
protection, than are imposed by this Code.
SECTION 6. Postin~g.-All1 emlployvers shall pocst and keep posted
copies of this Code in conspicuous places accessible to all employees.
Every member of the Induistry shall comiply with all Irules and regu-
lations relative to the p~osting~ of provisions of Codes of Fair Coml-
petition which may from time to time be p~rescribed by the
SECTION 7. Paypt1~eeri of H'alges.- All members of the Industry
shall make payment of all wages due in law-ful currency or by nego-
tiable checks thierefor. payable on demnand. Wages shall be paid at
least as often as semi-monthly. These wages shalll be exuempt fr~om
any payment for pensions, insurance or sick benefits other than those
voluntarily paid by employees or required by Inw. Members of the
Industry or their agents slhall not accept, directly or indirectly,
rebates on suchl wages or give anything of valuze nor exitend any
favors to any p~er~son for the purpose of influencing rates of wages
or working conditions of their employees.
The provisions of this section regarding payment of wages shall
not apply to persons employed in a managerial or executive capacity
who earn not less than th~irtyv-five ($f35.00) dollars per week, nor to
persons employed in clerical or office work. Employers shall agree
that the wages for persons employed in clerical or office work shall
be paid at the end of pay periods n~ot to exceed semi-monthly periods.
SECTIO)N 8 Iil. 18 f8tial7 Re7lati). aon m. B r-A Joint Indlustrial RI~e-
lations Board m~ay be cornstitutedc~ and ~established; to which shall be
referred and which shall deal with all ma~tt~r~s reclatingr.ia to bor
comlplaints, in necord~ance wtith such rules and !'~reulationHSs s mnay
from time to time be prescribed by the Ad~min~ist rator.
S~ECTION 9. D3imissl~j.'.- No employee shall be dismissed, demnoted
or otherwise d~iscr:imrinatedr against by reason o-f making a comlalliint
or giv'ingr evidence with r~espect. to an allegedly vio-lation of this
AI:TIC'LE VI---RGANIZATION, POWlERS ANiD DUTIES OF CODE AUTH-ORITY
SESCTION 1. Ogan~izat~ion and Consitut~ionl.-A Code Authority is
hetreby c~onstit utedc' to cooperate w3Sith the Adminillte Intorl in the ad-
ministration of this Codet.
SECTION 2. The Code Authority shall con~sist of five (5) memlbers
who are member,~ ls of th~e fbic~iating annd as-semrbly d'ivision of the
Industry to be selected as fo:llow\s-: Member\~1!s of teIndustry shall
elect the Industry members of the Cod~e Authrc~ity byr a majority vote
of the members participating in any ('ltllinnl conducted as hcr~ein
provided. Three noinatl~!Ci.ions shall be made for the elcrttioln of each
Code Authority member.
(a) One member of the Code Auth'ori~ty shall be elt-~ect fr~om those
rnmbilers. i of thne Indus1ct cy' who are nrot members of the A-ssociatiojn
b;y a majority vote of the m1-embelrs of the fabr~icat:ingr and assemnbly
divi\ion of the Industry who are not membelllr-; of the Ass~oc~iation, and
(bt) One member of the Code Authority shall be elected byr the
from those members of the Industry wvho are members of the Asso-
ciation bly a majorl~ty vote of the members of th~e cliSti'lLfr:ibui and
weecctic n dlin\miani partic~ipatung~ therein, and
(c) Threce members of the Code AuthorIIit~y shall be elccted ~by mem-
bers of the Industry who are mrc~lembes of thes Assoiarition by a ma-
jority vote of the members of ther A~sso~c~iationl, and
(d) U~pon. failure by IrnembersI to elect ind~ustryS lcmember's of the
Codle _Authorit~y as provided in Section 2 (a) and S~citio~n 2 (b) of
~this ~Article, thenl such members1 of the Code Author101ity' shall be
nominated~ and e~lec~ted by a1 majorityotofhem brsoth
Association participation( ther~ein, and\ct i h mmeso h
(e) The mlemnbe~s: of tohe industry particip~ati ng andf votingr at the
elc~ctionl and the mnembersl~ of the Cod~e Auth~ority~ nomnirnated fr~om
members~l~s of the Industry shall be eligible arnd qualified as providled
by Section 10 1 (2) of this ALrt iele, and
(f) At no time shall thle Cod~e AuthnorityT consist of more than
one (1) in~ember afiliated or associat~ed with or employedytesm
mnemb~er of the Industry and at no timne shall the Code Aluthoritylb hesnn
consist~ of more thanl one (1) member selected frocm mmnber~s of t~he
indlustry which have a financial interest in or otherwise exercise
control over each other.
STECTION 3. Thlle Asjociation is hereby desigrnaeted as the Agrency to
conduct an election of ~thbe miember~s of the Code Authority5 within
ten (10) days after the effective dalte of this Code, and the succeed-
ing annual elections of members of th-te Code Aut~hor~ity, 1\lembers
of the Co~de Authorit~y shall be elected to serve for 0, terml of one
(1) year or until their successors aire elected at the next annual mieet-
ing of the members of the industry. In t~he evecnt. of any vaeanny in
the membership of the Code Authorit~y, a sp'ecial meeting of thie
members of the division of thle industry, eligible. to vo~te uis providedd
in this Article VI, for an election to fill the incomlplete terms of
such members shall be called by the Association. Notice of the
time and place of each election shall be sent to each miemiber of
theiliviision of the industry, eligible to v~ote at hisi nddlress on file
withi the Codeo Aut~hority in accordance with~ Airticle IX, Rule 13,
at least fifteen (115) days in advance of such electio-n andl votingj at
such election many be by person, b~y proxy, or' by letter ballot. Each
member of thle Division of the industry eligiible to vote shall have
one (1) vote at each election.
SECTION 4. In addition to membership a7s aiove pr~ovidled, there
may be not more than three (3) miember~s, without vote, to be ap-
pointed by the A~dmiinistrator to serve for such terms as he miay
specify andc who ar~e known as ad~ministrationi muembers.
SECTIO? N 5I. Thle repr~esentativess who may b~e appointed by' thne Adl-
ministrator, together with the Adiministrantor, shall b~e given notice
of and may sit at all meetings of the Codle A~uth~orit andl its dluly
SECTION C1. Each~ tr~ade or indlustrial association dlirectly o~r indi-
rectly part~icipant; in in the. selection or activitiesi of thle C~ode Au~ithor-
ity shall (1) implose no inequritable restrictions on mnemlbership,, andI
(2) submit to the Administrato~r true copies of its articles o~f ass~io-
ciation, by-lawFs? regulations andl any amend~me nts wihen mande
thereto, together with sulch other info~rmationl as to. membilership,
organization, and activities as the Admninistrato r may dleem nlecess.ary
to effectuate the purposes of the Act.
SECTION 7. In order that t~he: Code Aurthoriity shall at all times
be truly representative of the industry and inl other respects comply
with the provisions of the Act, the Adtministrator may prescribe
such hearings as hne may dleem proper; arnd thereafter, if he shiall find
that the C~ode Authority is not truly rep~rese~ntativ'e or dloes no~t in
other respects comply withl provisions of thle A~ct, miay requlire~ an
appropriate modlification in t~he method of se~lection of thne Codle
SECTION 8. Nothing containedl in this Codle shall constitute the
sa a members of the CodeAuhrt partners for any purpose.No
shal an memer f th Coe Athority be liable in anyS manner
to anyone for any act of any other mcmbet:, onfcer, agent. o~r emn-
ployee of the Code Authgrity. Nor shall any member of thle Code
Authority exercising reasonable diligence in the conduct of his
duties hereunder, he liable to anyone for any nation or. omission to
act under the Code, except for hlis own wFilful malfeasance or non-
SECTION O. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
or unjust or contrary~ to the public interest., the Admninistrator mnay
require that such action be suspended to affordl an opportunity for
investigation o~f the merits of su~ch action and' further consideration
by such Code Authority or agency pending final action which shall
not be efercctive unless the Admrinistra~tor approves or unless he shall
fail to disapprove after thirty (30) dayrs' notice to himl of intention
to proceed with such action. in its original or modlcifiedl form.
OECTION 10. Powers and Dutes- Su-- "bject, to suc~h rules and regu-
lations as mlay be pre~tscribecd by the Admllinistrator the Code ALuthor-
ity shall have the followvingi further powers and duties, in, addition
to those auth~orized by o~lter provisions of this Code:
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of
(b) To adopt by-laws and rules and regulations for its procedure
and for administrating and falcilitatingr the enforcement of the Code.
(c) To obtain from memllbers of the Industry such information and
reports as are required for the administration of the Code and to
provide for submission by members of such information and reports
as the Administrator may deeml necessary for the purposes recited
in Section 3 (a) of the Act to such Federal and State agenexes as
he may designate; provided that nothing in this Code shall relievet
anly member of the Industry o~f any existing obligations to furnish
reports to any government agency. No indifvidlual reports 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
(d) To appoint such agencies or committees as it deems proper for
the Administration of the Code in. each. regional dlivisionl or sub-
division as designated subsequently, and to delegate to said agencies
all necessary power and authority for the administration of this
Code within the regional divisions or suib-divisions, but shall reserve
and retain the power to administer the provisions of this Code, and~
shaHl be responsible for all actions taken by its appointed conunittees.
(e) It may, on the basis of experience, with the appr~oval of the
Administrator, change the regional divisions to better effecturate the
administration of this Code.
(f) To make~ recommendations to the Administr~ator for the co-
ord~inatio. n of the administration of this Code with~ such other code~s
if any, as m~ay be retlatted to the industry.
(g) To appoint a trade practice committee which shall meet wit~h
t~he trade p~ractic~e committees appointed under such other codes as
may be related to this industry for the purpose of formulating fair
trade prlc~tices- c to govern the relationships between production and
disriutonemloyers1'" under this Code, any Division, or under any
other1 code to the end that such fair trade practices may be proposed
to the Ardmninistrator as amendments to this Code, any Division, or
anly other !Codes~.
(h) To pr'ovide for the study of further tradt~e practice pr~ovisions
and measures for industrial control and stabilization of employment
and to I~rcommellnd to the Adl~ministrator any changes and. or modi-
fications of the Codet or any D~ivision thereof which shall become
effective as part hnereof upon approval byv the Admlinistrator after
such notice andl hlearIing as he mary prescribe.
(i) To p'rovide for the study of mlinimlum standards, grades, quali-
ties, woullirkmanship,, speediecntio~ns andl for the study of the distribution
and ins~tallation of products of this In~dustry.
(j) 'Dhe Code Authority shall cause to be f~ormiulated~ meth~os of
cost finding and_ accountingc capable of use b~y all memberscl oft thle
industry, anld shall submiit a suimmary of such methods to the Admin-
ist rator for review., If approved by the Aldminiistrator, full infor-
mlation concerning such methodls shall be madle available to all
members of th~e industry. Thereafter, each mem~~ber of the indrustr~y
shall utilize such mnethods to the extent fouind prancticable, Ncth ing
herein contained shall be construed to permiit the Code AXuthority,
any agent ther~eof, or anyl memlber of the indusltryS to SUggLes8 t un~iforml
additions, percentages or differentials or others uniform items of cost
w-hichl are des~ignedlP to br~ingr about a~rbitrary- unriformity olf costs or
(ki) To cooperate with th Joint Inrdustrial Relatio~ns Borardl (pro-
vided under A~rticle VU of this Code), the Admninistratoro andi suchn
other agencies as hre mnay dlesignate in respect to the amnr l IiSt rat ion
of this C'ode.
(1) 1. It being found necessary in order to sulpport the admlinis-
tration of this code and to maintain the stanldards of fair comlpeti-
tion established hereunder and to effectuate the policy of the Act, th~e
Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes antd to meet such obligations out
of funds which maay be raised as hereinafter providled and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he mlay deem necessary
(1) an itemized budget of its estimated expenses for the foregroing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) After such budget and basis of contribution have been ap-
proved by the Admiinistrator, to determine andl obtain equitable con-
tribution as abov-e set forth by all members of the ]Industry; and to
that end, if necessary, to institute legal proceedings therefore inr its
(2) Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority, determined as hereinabove provided, andl subject to rules and
rreglaltions pertaningnr thereto issued by thle Administrator.. Only
members of the Industry complying with the Code and contributing
to the expenses of its administration as hereinabove provided, unless
duly~ exempted from making such contribution, shall be entitled to
participate in thie selection of members of the Code Authority or to
receive the benefits of any of its voluntary activities or to miake use
of any emblem or insignia of the National Recovery A~dministration.
(3) The Code Authority shall neither incur n~or pay any obliga-
tion substantially in excess of the amount thereof as estimated in
its approved budget; and shlla in no event exceed thle total amount
contained in the approved budget except upon approval of the Ad-
ministrator and no subsequent budget shall contain any deficienicy
item for expenditures in excess of prior budget estimates except
those which the Admlinistrator shall have so approved.
ARTICLE VII---OPEN PRICE
SECTION 1. Eachi member of the Industry shall file with a confiden-
tial andl disinterestedi agelt of thhe Code Authorityr or, if none, thenl
with such an agbent desigrnated by the Administrator, identified lists
of all of his prices, discounts, rebates, allowances, an~d all other
terms or conditions of sale, hereinafter in this article referred to
as "' price terms ", which. lists shall completely and acc~uratelyy con-
forml to and rep?creet; the individual pricing practices of said memb-
ber. Such lists shall contain the price terms of all such sta~ndar~d
products of the Industry as are sold or orffel~red for sale by said
mlember and for such non-standard products of said member as shall
be d1Esignatel~- d by the nCode Authority. Said price terms shall in the
first instance be filed within thirtyT (30) days after the date of ap-
preval;1 of this provision. Price terms and revised price terms shall
heroinlle effective immediately upon receipt thereof by said agent.
Immediately upon receipt thereof, said agent shall by telegraph or
other equally prompt means notify said member of the time of such
receipt. Such lists and revisions, together with the effective time
thereof, shall upon receipt be immediately and simultaneously dis-
tributed to all members of the Industry and to all of their cus-
tomers who have applied therefore and have offered to defray the
cost actually incurred by the Code Authority in the preparation
and distribution thereof and be available for inspection by any of
their customers at the office of such agen~t. Said lists or revisions
or any part thereof shall not be made available to any person until-
released to all members of the Industry a~nd their customers, as
aforesaid; provided, that prices filed in the first instance shall not
be released until the expiration of the aforesaid thirt (30) day;
period after the approval of this Code. The Code Atority shall
maintain a permanent file of all price terms filed as herein prov~idedl,
and shall not destroy any part of such records except upon written
consent of the A~dministrator. Upon request the C'odes Authority
shall furnish to the Administrator or atny duly designated agent
of the Administrator copies of any such. lists or revisions of plricefl
SECTION 2. When any members of the Industry has filed any re-
vision., such member shall not file a higher price within fortly-elght
SECTION 3. No member of the Industry shall sell or offer to sezll
any products/services of the Industry, for which price terms have
been filed pursuant to the provisions of this article, except in necordl
ance with such price terms. t3B
SECTION 4. No member of the Industry shall enter into any agree.
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor clause. or attempt to cause kt; ny: member of the Indus-
trly to change his price terms by the use of intimidation, coercion, or
any other inlfluetnce in~conlsistent with the maintenance ~of the f1ree and
open mark~ret, which it is the -purpose of this Article to create. r
,.c~ ARTCIAII1---COST A.ND PRICE COTTPTNG
SECTIO20 1. ')he standards of fair competitionl for~th~e Indlustry
with reference to pricing practices are dedulrred to be as follows:--
(a) WTilfully destructive price cutting is an unfair method of com-
petition and is forbidden. Any member of the industry or of any
other industry or the customers of' either may at any timne complain
to the Code Authority that any filed price constitutes unfair compe-
tition as destruI1.;ctive; p ric ctting, imperiling small enterprise or:
tending toward monopoly or the impairmnt of code wFFages and
working conditions. TChe Codee Authority shall withinl five () days
afford an, opportunity to the memer filing t~he price to answer such
complaint and shall wFit~hin fourteen (14) dayps make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to th)e complaint, all papers shall be referredl to the Research
and Planning Division of NJ.R.A. who shall render a report and
recommendation thereon to the Administrator.
(b) W1~hen no declared emelrgncy exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) Whe an emergency exists as to any given product., sale below
the stated mninimuim price of such product, in violation of section 9
hereof, is forbidden.
SECTION 2. E~TL~'nwrgncy Provi~siona.-(a) I~f the Administrator,
after investigation shall at any time find both (1) that an emergency
has arisen within the Industry adversely affecting small enterprises
or wages or labor conditions, or tending t~owrd clmonopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of t~he stated minimumur price fo~r a speci-
fied product within the Indlustry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectu-
ate the purposes of the Ac~t, the Cuode A~uthority may cause an 1im-
partial agency to investigate costs and to recommend to the Admin-
istrator a determination of the stated minimum price of the product
affected by the emer~gency and thereupon the Admministrator may pro-
ceed to determine such stated minimum price.
~:(b) WI~hen the Administrat~or: sia~ll have determined such stated
minimumn price for a specified product for -a stated period, which
price shall be reasonably calculated to mitigate the conditions of such
emergency and to effectuatte the purposes of the National Industrial
Recovery AQct, he shall publish such price. Thereafter, during such
stated period, no member of the Industry shall sell such spcified
products at a net realized price below said stated mninimiumprice and
any such sale shall be deemed destructive price cutting. From time
to time, the Code Authority may recommend review or reconsider-
ation or the Administrator may cause any determinations hereunder
t~o be reviewed or reconsidered and appropriate action taken.
At~IrrICLE IX--TRADE PRACrlCE Rm.ES
General Defin.ition.--For all purposes of the Code the acts de-
scribed in this Article shall constitute unfair practices. Any member
of the Industry who shall directly or indirectly, through any officer,
employee, agent, or representative, knowingly use, employ, or permit
to be employed, any of such unfair practices shall be guilty of viola-
tion of the Code.
RUTLE: 1. Mi8 Fa-in~g Ar kert~ 2~;i ig.--No mnemrber of thet Indust ry
shall use or publish adver1tising~ (whether pr~intedl, radio, dlispnlay, or
of any other nature) which is mislend~ing or inneeur~ate in any mate-
rial particular, nlor shall any member inr any way misr~epr1esent any
goods (including, but without limitatio-n, its use, trade mnarkr, grade,
qualtyquantity, origin, size, substance, character, nature, finish,
materglial, content, or preparation) or credit ter~ms, values, policies,
services, or the nature or form of thne business condurcted.
RULE 2. Di3spar Irlense~nt of Compei, ''tors.--No member of the In-
dustry shall make false or disparagbing statements with, respect to a
competitor's business, methods, practices, or products.
R erIn 3. T reatfs of Legal Pr~ocee dings.-No member of the In-
dustry shall publish or circulate unjustified or unwarranted thrleats
of legal proceedings which tend to or have the effect of hara'ssingr
competitors or intimidating their customeers. Failure to prosecute
in due course shall be evidence that any such threat is unwarranted
RITLE 4. Secret Reba~tes.-No member of the Industry shall secretly
offer or make anyr payment or allowance or a rebate, refund, comnmis-
sion, credit, unearned discount, or excess allowance, whether in thne
form of money or otherwise, nor shall a member of the Industtry
secretly offer or extend to any customer any special service or priv-i-
lege not extended to all customers of the same class for the purpose
of influencing a sale.
]Run 5. C~omm~ercial Bribery.-No member of the Industry shall
give, permit to be given, or directly offer to give anything of value
for the purpose of influencing or rewarding the action o~f any em-
ployee, agent, or representative of another in. relation to the business
of the employer of such employee, the principal of such agent, or~
the represented party, without the knowledge of such employer, prin-j
cipal or party-. Th]is provision shall not be construed to prohibit"
free and general distribution of articles commonly used for advertis-
ing except so far as such articles are actually used for commercial
bribery as hereinabove defined.
Rmzz 6. Inducing Breach of. Contract.--No member of Ith~e Indus-
try shall attempt to induce the breach of an existing contract bet weeri-
a competitor and his customeltr, or source of supply; 'nor shall a~nyV
such member interfere with or obstruct the performance of such c~on-
tractual duties or servlFes.
RULE 7. Sil1bi/f11/107- ~Of Part;F.- NO Iembe~r of the Industry shall,
directly or indirectly, substitute his own or different parts in the
repair or alteration of a competitor's product or parts thereof with-
out the express authority of the owner. ?
RULE 8. Trader, .MaT/ 8976000 .--RO mecmber of the Indust ry shallyl
directly or indirectly~, r~emlove or destroy aniy traide marki or- other
identification of any product or part; of a product of the Indrustry
supplied "by a competitor' Fith the intent or, effe bt of deceiv.ingap-
cha~ser or a prospective purcfiaser. ''~--r-_
nRULE $9. COiibin~afiort iu.OriOrts.-N O Blember of thek Tndlustry'
shall.c~ominu e quortations or contracts for any proucl~ct of this Indus-
tr with any quotation or contract for any ot~her materikl, aoo
service, for the purpose and wiith the intent of concealing the true
selling price of the product of this IndlustrSy.
RULE 10. Oral qulota~ione.--No member of the Indulstry shall
make oral quotations wiithout confirminga them in writing.
RULE -tl. 1874 Of S .--NO member of the Industry shall allowj9
more favorable terms of paym'ent for products sold f.o.b. Inmlembe's
factory or dleliveredl to destination than "'Net Cash thirty ( 30) day
from d-ate of shipmencrt ". The terms of payment of prodnelts sl
erected shall no~t be more favorable than to provc,~ide that eighty-five
(85) per cent of the pr~oportionate value of the w-ork done shall he
due monthly. The final payment shall be due andl paya~ble thirty
(30) days after completion of the contract Nothing herein con-
tained shall prevent the selling of products of the In~dustry on an
installmecnt plan, providina that interest on, deferred payments is
charged at tihe rate of six (6) pe~r cent per annum, or the leg~al r~ate
of interest, whichever is lower.
Eves 12. Replacement of M~Eatera.--No memberr of the Industry
s~hall replace material wi;thoult. kngn=; a charge therefore, said charges
to conform with filed prices, except in the~case of material found to
be defective within a period of one (1) year after installation.
]RULE 13. 18 Frib)Mtor and Xrlc L88 t Af Eac~h member of thle In1-
dustryT shall file with the Codle Aurthority a list of his distributors
and/or sales r~epresentatives, ~which list shall be avanilable to the other
members. Such list shall at all times be kept up to date by notifyingr
the secretary of any changes, within tenl (~10) days after bewina made.
RmTE 14. Charnged Cotraj'lct Dates.-No member of the 11dustry
shall post-date or pre-date any contract, invoice, quot.ation or receipt.
RU7LE 15. Contml~gentl quoftationd.-No member of the I~ndustr
shall make the acceptance of any separately-p~riced non-industry
material in a quotation for industry products or make another quo-
tation for a non-indlustry- material contingent upon the acceptance
of a quotation for industry produ'ctsx where~ the purpose or effect
thereof is to secure to a buyer a special price.
,SECTION i. Alny interested partly shall hav~e the right to appeal to
tile Admninistrator, under such rules and regilations as he may pre-
scribe, in respect to any decision, rule, regulation, order, or finding
made by the Code Authority.
Sr~cnow 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of suib-section (b) of Section 10 of thle National In-
dustrial Recovery Act, from time to time to cancel or modify any
border, approval, license, rule or re guilantion issued under Title 1: of
said~ Act and specifically, but without limitation, to the right of the
President to cancel or mod~ify his approvall of this Code or any con-
ditions imiposed by him up~on his approval thereof.
SECTIION fl. Thlis Code, extcept as to provisions required by the Act,
may be modified on the basis of experiences or changes: mn ircum-
stances, such modification to be basedl upon application to the Admin-
istrat~or and such notice and hearing as he shall specify, and to be-
come effective on approval of the President.
SEenoxC) 1. No provision of this Code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, oppr~ess,
or discriminate against small enterprises.
SECTION 1. IAfemblers of the Indust~ry shall conform to the appli-
cable provisions of such appropriate code or codes of the construc-
tion. industry respecting the installation. and/or repair of the prod-
ucts of this Industr~y.
ARTICLE XIV -EFFECTIV~ D~ATE:
This Code shall become effective on the second Monday after its
approval b;y the Presid~ent.
Approved Gode No. 512.
Registry No. 1139-04.
UNIVERSITY OF FLORIDA
RII IIII II 1 II~lllllInIIi
3 1262 08856 0668