Code of fair competition for the umbrella frame and umbrella hardware manufacturing industry as approved on April 6, 1934

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Material Information

Title:
Code of fair competition for the umbrella frame and umbrella hardware manufacturing industry as approved on April 6, 1934
Portion of title:
Umbrella frame and umbrella hardware manufacturing industry
Physical Description:
p. 179-192 : ; 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:
Umbrella industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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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. 1114-30."
General Note:
"Approved Code No. 386."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952737
oclc - 63655202
System ID:
AA00006973:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



UMBRELLA FRAME AND

UMBRELLA HARDWARE

MANUFACTURING INDUSTRY


I I
For sale by the Sulperintendent of Doculmenab. Washlaston, D.C. - Price 5 cents


Approved Code No. 386


Registry No. 11141-30


AS APPROVED ON APRIL 6, 1934


WE DO OUR PART


*-' .. .111


UNITED STATES
GOVERNMENT PRINTING OFFICEI
WASHINGTON: 1984























This publication is for sale by the Superintendent of Documents, Government;
Printing Office, WaV~shington, D.CT., alnd by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE: DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birminghtam, Ala.: 257 F'ederal Building.
Boston, Mass. : 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wvells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Bluildlinp..
Inldianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, F~la.: Chamber of Commerce Juilkling.
Kansas City, Mo.: 1028 B~altimnore Avenue.
Los Angeles, Calif.: 1163 South Broadw-ay.
L~ouisville, Ky.: 408 FEederal Building.
M~emphis, Trenn.: 229 F'ederal Ruilding.
M~inneapolis, Minn.: 213 F'ederal Building.
New Orleans, La.: Room 225-A, Customlhouse.
New Yorkr, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 E:ast Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Buildlin~g.
St. Louis, Mo.: 506 Olive Street.
San Firancisco, Cal'f.: 310 Custombouse.
Seattle, Wash.: 809 Federal Office Building.











Approved Code No. 386
CODE OF FAIR COMPETITION
FPOR THE
UMBRELLA FRAM AND U~MBR;ELL HIARDWAR
MNANUFACTURINGJ INDUSTRY

Asa Approved onr April 6, 1934


ORDER
ArPOrnoMaI CODE OF FAIR COM\PETITION FOR TH `IM~BRELLA EIRABIE
LNo UMBRELLA 'IARDW'ARE JIANUFAC.TURING INDUSTRIAL
An application having been duly made pulrsuant. to and in full
compliance with the provisions of Title I of the National Industrial
RIiecovery Act, approved June 16, 1933, for approval of a Code of
Fair Comlpetition for the UmTlbrella Frame and Umbrella H-ardware
Manufacturing Industry~, and hea ri ngs having been duly held thereon
and the annexedc r~epo~t on said Cod,!e, containing findings wJith respect
t~herepto havcing been mlade andr directed to the President:
NOW, THEREF"ORE, on behalf of the President of the U~nitedl
States, IHugh S. Johinson, Adminiisit mentor fo' ~InduIst rial Ricov\ryS
p'ursuant to authority vested inr me by Executive Orders of t~he
President, including Ex~ecutive Order No. 65413-A, dlatedl Decembeilrr
30. 1933, and otherwfise do hereby incorporate by reference said
annexed report and do f nd that said Code complies in all resp~ec~ts
wit te ertnet provisions andl will promote thle policy andi
purposes of said Titleo adAt n ohrb re htsi
Code of Fair Competition be and it is hereby approved; provided,
however, that the provisions of Article VTII, (Section 1) insofar as
they prescribe a waiting period between. the filing w~ith Code Author-
ity and the effectiv-e date of revised price lists or revised terms andl
conditions of sale be and they are hereby gs ayed phendng my frdther
order either within a period of sixty dy rmteefciedt
of this Codle or after the c~ompletrion of a study of open price
associations now~ beingr conducted by the N-ational Riecovery Admnin-
istration; provided, further, that Section 7, Article IV, be deletedl
from the Code, providedl, further, that Section 7, Article V, be and
is hereby stayed pending my further order eitherr withlin a period of
sixty days fromt the effective date of this Cod~e or after a compleItion
o~f study of homleworkl provisions niow being condluctedl by t~he
National Recovery Adm~inistr~ation; provided, further that Section
10, Article VI, be~ and is hereby stayed pending mly furtherr order,
and/or until a study of insignia provisions, now being conducted by
01564" ,82-3----34 (179)






180


the N~ational Recovery Admi ~ nistr~atio~n, is completed; provided, fur-
ther, that Section 1, Article VI be deleted and the following substi-
tuted therefore:
SECTION 1. There shall fortlhwith be established a Code Autlhority
consisting of six (6) members.
Three (3) to be elected by members of the Association; two (2)
to be elected by membe~tr~s of the Industry who are not members of
the Association. In the event that either group fails to elect their
members to the Code Authority, the A1Sdministrator shall, not later
than ten. (10) days fromr the approval of the Code, make such
appointments, to fill the vacancies; the sixth (6th) member is to be
unanimously elected by thne five (5) aforementioned members. In
the event the five (5) members so elcctcedl or appointed shall fail to
agree on the sixth (6th) member as set forth, the Adminicttrator
shall not later than thirty (30) days after the ap~prova~cl of the Code
make such appointment to complete the Code Authority. In addition.
to the membership as above providedl, there mayr be not to exrtced
three (3) members to be appointed by th~e Adtministraltor, without
vote, to serve a period of six (6) to twelve (12) months; provided,
further, that the continued participation of the National Assoniation
of Umbrella. Frame and Umbrella HIardwvare Manulrfacturers in the
Code Authority after thirty (30) days from the effective dante- of
this Code, shall be contingent upon its amending its Constitution
and By-Laws to the satisfaction of the A~dmIinist rator."
HUGH S. JoHNson,!
Administrator for lInd ud rialn, Recovery.
Atppro~val reconunended:
A. R. GLANCYI,
Division Administra~tor.
-WASH3INGTON, .,C.,












REPORT TO TH~E PRESIDENT


The PRESIDENT.
T'he T7'11ite Hiouse.
SmR: ThIis is a report on thle Code of Fair Competitionl for the
Umbrella Frarme and U~mbrella H-ar~dw-are Mznulfacturina ]Industry,
the hearing having been conducted therleon in W~ashingt~on, D.C., on
January: 30, 19:34, m accordance with the ptrovisions of the N~ational
Industrial Rco~cvery Act.

mi~sclrN OF CODE AS TO HOrRS AZND W\\AGES
This Code provides that eight (8) hlourls shlln c~onst i tute the normal
number of working hours per day, forty (40) hours thne nIormlal
number of w-orking hours per' week, except that employees may work
up to forty-eighit (48) hours per weeki for a per~iodi not exceeding
six (6) wreek~s during a peak p~eriodl of Septemiber 1, to Decemlber 31.
These provisions aret applicable to all employees except traveling
salesmen; waotchmen, who sha~ll be npermittedr- to worlk not exceedinglc
thir~ty-.six (36g) hourls ,er week~c and forty-eight (48) hours per w-eek
in alternate weeksE, nor more thann an aver~1age of forlty.-two (42) hours
p~er wreek in any' twio weeks p.er~iod; and personslc emlployed~ in a mana-
gerial or executive capacity receiving not less than $35.00 per weekr.
Thle above meintionedl hour limitiation shall niot apply to any fin-
ployee ni epmei~trgency maintfenancc ~ or cnem~ergencv r~epair work mvo-cln-ng
br~akdlowns or pr~otect ion of life a ndl property.
The rates of p~ay pr~ovided for prouct"'ion. labor are 404 per hou~ir
for both mlen andl womlen. L~earners mnay be paidl 80 8'; of the wag:les
her~ein providled to b~e paid, but the number of learnier~s duringii anyS
calendcar mlonth Shall not exc~eed Set; of the total Iinumber of factoryv
employeesc. Per~sons w~hose earning enpa>c~ity is limnitedl because o~f
age, p'hy"ical or' mlental handicap, or otheri infirmnity, may be emn-
ployedl on light w-or~k at a wage b~elow\ the mninimium,, if thle emplloyecr
obtains fr~om the state authority, designated by thle Unitedl States
Department of Labor, a certificae~ aufthorizingcrUh piersons~ emplll\y-
mient at such waoges and for suichl hours as shall be sctated in thle
certifiente. TIimei andl one-hoalf will be paid pr~oduictioni emlplovees
for hours worked in exc-ess o~f thle number of hours specifPie her~ein-
above. All others emlployee~s will be paidl at not less thasn $16.00 p~er
week, except that ofli~e boys mlay be paid not le~ss than $1:3.00. perI
week, provrided th~at thle numbler of suchI office b~oys shlall constitute
not more than 5T9 of the total numbnler of office 'employees of any
one emnployer. but in any? case ecnch emlployler shall be entitledl to
an office boy.
Equitable adjustments are to b~e made of all wage rates above
8810 Dmlnma.
Child Labor is prohibited and no person under 18 years of age
shall be employed in a hazardous occupIation.
(181)





182


GENERAL VTAETEMN

The Umbrella Frame and U~mbrella HIrardware Industry as defined
in the Code includes the manufacture and sale of Umbrella ]Frames
and Umbrellat Hardware, and its customers are confined to the
various umbrella manufacturers of the country.
TIlhe investment in thne Industry is approximately $3,500,000 and
the number of wage earners in normal times is about 600 people,
with an estfimatedrl annual payroll of $500,000.
In 1929, wclhich is considered a normal year, operations were at a
rate of approximlatelyv 60% of capacity, with a value of production
of about $1,324,000. TPhe sales of the Industry declined 46%0 from
1929 to 1933.
I believe that the Code is fair to Industry, to Labor and to thre
Public, and is in accordalnce with the intent and purpose of the
National Industrial Recovery Act.
FINID~INGS

The Assistant Deputy Administrator in Ihis final report to m~e on
said Code having found as herein set forth and on the basis of all
the p~~~~roceeings in this matter:
I find that:
(a) Scnid Code is well designed to promote the policies and pur-
poses of Title I of the Naltio-nall Industrial Recovery Act, including
removal of ltllchtorsteein to the free flow of interstate and foreign
conunor~lct ~c which tend. to diminish the amount thereo'l'f and wR~ill pro-
vide for the general we-clfar~e by promoting the organization of indulrs-
try for thle purpose of coopera1tive action among the trade groups,
by inducing and miaintainiiner united action of labor and ma~nneenientt
under adiequate gover~nmentali sanctions and supervision, by e~limilnat-
ing unfair competitive -practices, by promoting; th-e fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required),C~ by incresing~~ thle consumlptionm of industrial and agricul-
tural products thl~lrough increasing purchasingr power, by reducing
and relieving unemployment, by improving standards of labor,an
by otherwise rehabilitating industry.
(b) Said IndustryV normally employs not more than 50,000
employees ; and is not classified by mre as a major industry.
(c) YThe Code as approved complies in all Ir;:repc~ts with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Suhweet io~n (a) of Section 7, and
S~ubsel.tion (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry;
and that said group imposes no inequitable restrictions on admission
to niembr i~~lp therein.
(d) The Code is not designed to and will not p~ermit, monopolies
or monopolistic pranctices.
(e) T'he Code is not designed to and will not eliminate or oppress
small enterprises and will not o~perate to lisc~r~iminate against them.
(f) Those engaged in other steps of the economic proccess have not
been deprived of the right to be heard prior to approval of soid
Code.





183


For these r~easonis, th~erefore, I hav\e appno\roved this Code; pro-
vided, hiow~eve, that thle pr~ovisionls of ~Ar~tic~le VII, (Section 1)
insofar as they prescribe a w~aitingr periodl between~l thle filing w~ith
Code Authority and the etfective date of r~evised pr1ice lists or revised
terms and conditions of sale be and the are hlereby stayed pending
anly further ordcer' either within a period of sixty day~s from th~e
effective date of this Code or after thet comlpletio n olf a study of op~en
price associations now being conducted b the National1 Recov-ery
A~dminiistrationi; prov~\ided, further, that Section 7, Article IV, be
deleted fr~om thle C'ode; prov,\idedt, flr~theril, that Section 7, Article V1,
be and is hereby,~ stayed pend~iim my fur~ther order either w~ithin a
period of sixty days from thle e ective date of thii, C'ode orl after. a
compi~letion of study of homework~lc ~rov\isions~ Inow beting! conducted
by the Natjional Re~overy$ Admlinist ration; providled, further, that
Section 10, Ar~ticle V'I, be and is thereby stayed pending~ my furtheri
ordler, and. ar until a studyv of insignia provisions, now1 being~ con-
duicted by the hNational R~eco ve ry Admiinistraction, is compnlletedl;
provided, further, that Section 1. Article VI be deleted and the
following substituted therefor:
SECTION 1. There shall forthwith be estalblish~edl a Codle Author)lity
consisting of sixs (6) mnemibers.
Threet (3) to be elected by members~1' of th~e Als ac.iation; two (2)f
to be elec~ted~ by members of the Industry whlo are not mnembercis of
thle Association. In the event. thant either groupI fails to elect their
members to the Code Authority, the Administrator shall, not Inter
than ten (10) days fromr the approval of thle Code, makie suchl ap-
p'ointments, to fill thle vacancies; the sixthh (6th) member is to b
unanimously elected by the five (5) aforemeltnt ioniedl memler~s In
the ev-ent the~ five (5) members so elected or appoinitedl shall fail
to agree on the sixth (6th) miember as set. forth, the Admlinistrato~r
shall not later than thirty (;30) dlays after the approval of the Code
makhe such appointentsnt to complete the Code Auth~ority.. In addi-
tion to the membership as above provided, there many bet no~t to
exceed three (3) members to be appointed by the Admiinistrator,
without vote, to serve a period of six (6) to tw~elve (12) months;
provided, further, that the continued participation of the National
Association of Umbrella Framne and U~mbrella Hardware Masnufac-
turers in the C'ode Authority after thirty (30) days fromt the effee-
tive date of this Code, shall be contingent upon its amending its
Constitution and By-Law~s to thle satis~faction of the Administ~rato~r."
Respectfully,
Hroon 8. Jonr~sox,
Admin3~istr~alor
APRIL 6, 1934.












CODE OFi FAIR COMPETITION IFOR THE UMBRELLA
FRAME AND UMBRELLA HARDWARE MANUF`ACTJUR-
ING INDUSTRY~


To effectuate the policies of Title I of the National I~ndustrial
Recovery A8ct, the followYing provisions are e-tabllishedd as a Code
of F~air Competition for the Ulmbrella Frame and Umbrella Hard-
wcare Manufacturing Industry, and shall be the standard of fair
competition for this Industry, and shall be binding upon every
member thereof.
ARfTICLE II- -ZEFINITIONS

SECTION 1. The term The Industry means and includes the
hus~iness~i of mannufacture andX sale by the manufacturer of umbrella
frames and umbrella hardware and excludes the business of mere
assemblingr and~/or jobbing. A "L M~ember of the Industry "' within
thre meanl~ring of this Code includes, but without limlitat-ion, a~ny per-
son, irmn, or corporation or other form of en~lllliterr: mlanuifacturing~i
umbrella franellcl and umbrella hardware.
5:(Tei.no 2. The sterns President ", "Act ") a~nd "'Administrator ",
as used herein meaLn respectively, the P~resident of the Unitedt States,
Title I of the National Industrial Recovery ~Act, and the Adminis-
trator for Industrial Recovery.
S~EC'no;) 3. The terml "Association meacns~ the National Associa-
t~ion of Umbrella Firame and Umbrella H-ardware Man !u fartulr~ers.
SECTION 4. The term Employee as used herein, includes any
person engaged in any phase of the industry in any capacity, irre-
sp'ective of the mlcthod~ of th~e payment of such perlonl's w-ages.
SECTION 5. The termn Employer "', as used herein includes anyone
by whom any such emrplo~yee is compensated or em~plo~yed.
SECTICON 6. The term C~ode Authority ", as used herein nica ns
the group or its suc-cess~ors as provided for by Article VI.
SECTION 7. The term "L Effective Date of the Code ", whenever
urd;- herein, means the first Mionday after the date on. which this
Codie shall have been approved by the Administrator.

ARTICL;E III-Houns

SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours in any one week, or eight (8) hours in any twenty-
four (24) hour period, except as herein otherwise providedt.
(a) During the period of Septelmber 1 to December~l~~ 31, a memnc-
ber of the Industry may extend the hourly schedule of work'] for
employees up to forty-eigh~t (48) hours per week; for a period not
excee~ding six (6) weeks provided that all such emllployeese be paid not
less than one anld one-half (~11/2) times their normal rate of wrages
(180)






'185


for hours worked in excess of foty (40) hor per week or eight
(8) hours per day. All suchl special cases o~f overtime work shall
first be reported to the Codle Authority.
SECTroN ". No person employed in clerical or office w~ork shall be
permitted to wosrk: in excess of forty (40) hIours in anyl oner week,
or eight (8) hlolr~s in ann twenty-fou~r (24) hour period.
SECTIONv :. 'The provisions of th is Article shlall not aplyll to per-
sons emnployed~; in a malnageSrial or ex~cu~tive~ capneity~ wrho earn not
less thian tiriity-li\e ($351.00) dlollars per wreek, or to travecling
salesmen.
(a) Thle maxsimnumr hours tixed. in Serctio~ns 1 anld 2 shall niot apply
to any emplloyeec on emergecncy maintelnanceo or emlergercncy r~epair
work l~'~invlvai~llng brekowns or protection of life or prolperty, but. in
anly such spenalrl enose, at, least one and one-half (11/s) times his or
her nro-rmal rate shasll be palid for hours w~or~ed` in excess of the
maximium herein providedl.
SECTION 4. Tihe provisions of this A~rt.icle shall not apply to watch-
mnen who shall bet employedl alternately, and ~who shall not work or
be permitted to work; in excess of thirt-six: (36) hours per wseek;,
and for~ty-eigh (48) hours per week in alternate week~s. nor more
than an ave~rag~e of,fortyr-two (42l) hours per week in any two weeks
pe ri od.
SECTION 5. NTo employer shall knowingrly permit any employee
to work for any timle, which totalecd within that already performed
withl another emplloyecr or empltoyers in this Industry, exceeds the
miaximumi permitted~ herein.
Anywori'L IV-WAGES

SIEemsC 1. No emnployee Fhlfl be paid less than at the rate of forty
(40) cents per hour, except as herein otherwise provided~.
(a) Noc clerical or office employee shall be paid less than at t~he rate
of sixtee~n ($16.00O) dollars per week, provided, howFever, that office
boys shall be paid not less zthn thirteen ($13.00) dollars per week;,
and p~rovidedl, fu~rt~er.. that the number of such office boys shall con-
stitute not more than five (5%0) per ce~nt of the total number of office
employees of any one employer, but in any case each employer shall
be entitled to one office boy.
SECTION 2. T~ils Alrticle establishes a minimum rate of pay irre-
spectivec of whelthe~r an employees is actually compensated on a times
rate, piece work, or other basis.
SECTION 3. Equitable adjustment of compensation of employees
receiving mor~e tha~n thle minimum rates of pay herein prescribed shall
be made by all emp~loyrers who have not heretofore made suchl~ adjust-
ments, and all employers shall within thirty (30) days after approval
of this Code report in fuill to the Code AuthorityT concerning suchi
adjustments, w\hethe made. prior to or subsequent to suich approval,
provided, however, that in no event shall hourly or weekly rates of
pay be reduced.
SECTIOn J. I ellnlal mployeesI' performingr substantially th1e same
work as male employees shall receive the same rate of pay as male
employees; and where they displace men, they shal receive the same
rate of earnings as the mecn they displarce. The Code Authorityp





186


shall within ninety (90) days after the effective date of this Code
file wTith the Admlinistrator a description of all occupations in the
Industry, indicating the number and sex of the employees in each
occupati on.
SECTION 5. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be emi
ploye on light work at a wage below the minimum established by
thsCode, if the employer obtains from the State Authority, desig-
natedl by the U~nited States Department of Labor, a certificate author-
izing; 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 Departmnent of L~abor in
issuing ce rti fen t es to such persons. Each employer shall file maonth~ly
with the Code Authority a list of all such persons employed by him,
showing the wages paid to, and thle maximum hours of wIYork for such)
employee.
SECTION 6. No provision in this Article ihall modify establishedc
practices or privileges as to vacation periods, leaves of absence or
temporary absences Cfrom work heretofore granted to office employees.
Seems,,, 7. Learners, wccho are hereby defined to be persons having
less than six (6) weeks of experience in the Industry, may be pa id
eighty (80%j) percent of the -wages herein. pr~ovided to be paid,
provided, however, that the number of learners during any calendatr
month shall not exr~ced five (5%0) perl'icent of the total number of
factory employees.l
ARTICLE V--GENERAL ]LABOR PROVISIONS

.CFrenox- 1. In compliance with Section 7 (a) of the Act it is
provided :
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, anrd shall
be free from the interference, restraint, or coe1rion of employers
of labor, or their agents, in the designation of such rep~resenntaties
or in self organization, or in other conlrcertedl activities, for the pur-
pose of collective bargaining or other mutual aid or protection;
(b) That no employee andlc no one seeking employment shall be
required as a condition of employment to join any company uniozi
or r~eframn from jolmng,~ orgamizmg~, or assisting a Inlbo 'organniza-
tion of his owrin choosing;
(c) That employers shall comply with- the maxim~um~ hours of
labor, minimumn rates of pay, and other conditions of employment
approved or prescribed by the President.
SE(.TIO)N 2. No person under eighteen (18) years of age shall be
employed in this Industry except office employees who0 shall be not
less than sixteen (16i) years of age. In any State an employer shall
be deemed to have complied with this provision as to age if he shall
hav~e on file a valid cert ificat~ e or permit duly signed by the Authrority
in such State emlpoweredl to issue employment or age certificates or
p'ermits showing that the emnploy~ee is of the required age.
SECTTONS 3. No employer shall reclnssify employees or duties or
occupations performed or engage in any other subterfuge for the
a Deleted. See paragraph 2 of order approving thle Code.





318


o~se of defeating the purposes or provisions of the Act or of this
SEC.TION 4t. Every emlployer shall procvide for thze safety andl healthn
of emplloye~es during thle ho~urs~ andl at the places of thir emlploymlent.
Standairds of safety and heanlthl shall b~e submitted by the Cod-e
Authority to the Ad~cministrator within six (6) months after the
effect~ive~ date of th Code.
SECTION 5. No prov'isions in this Code Fihall supe~rsede any State
or Federal law which imposes upyon employ~ers more! st~ringetnt reqluire-
menlt- asi to age of employeesu, wages, hours of wvork, or as to safety,
health, sanitary or general w-orkilg conditions, or insurance, or fire
protection, than are imposedl by this Code.
Sen oN 6. All employers shall post complete copies of this Code
'in conspicuous places accessible to all emlploy~ees.
SECTIONu 7. NO homew~orkr shall be allowed.
AnnC'Ex VCI-ADBIh ~STRsrunow

SECTION 1. There shall for~thw~it~h be established a Code Authority,
consisting of seven (7) mll~embes; four (4) to be elected by members
of the Association, twso (2) to be elected by mlembers of the Inldustry
who ar~e not members of thle Assoc~iation, and th~e seventh (7th) to be
elected by the six (6) aforementioned members, providedi, th~at thle
methlod of election sha~ll be subject to the ap~proval of thie Adiminis-
traltor. I~n the event the sixr (6) so elected members shall fail to
agree on the seventh m~emlber as set forthl, t~he Administ~rator shall,
not latcr tha thirtyr (30)~ day3s after the approval of thle Code make
such ap~pointm~ent to complete the membership of the Code A~uthor-
ity. In addition to membe)rlhip' as above providedl, there. may be
not to exceedl three (3) mnlllembers of the N~ational Recov~ry~ Adlminis-
trat~ion. without v\ote, to be atppointedl by the Admllinist~rator, to serve
a period of six (6) to tweclve (12) mlonthIs?2
SECTION 2. The Association participating in the selection or ac-
tivitijes of the Code AulthorityV shawll (1) impose no inequitable re-
strict~ions on membership, andl (2) submlit to the Administrator true
copies of its articles o~f a sociation, by-l~aws, regulations, and any
amendments when madle thereto, together with suich other informa-
tion as to member~sh'p,, orga~nization, and activities as the Adminis-
trator may deeml nec~essary to effe~ctuate the piurposes of th Act.
SECTION 8. inl Orderl that the Code Authority shall at all times
be truly representative of the Industry and in, other respects comply
with the provisions of the Act, the Administrator may provde
such hearings as he may deeml proper; and thereafter, if he shall
find that the Code Aulthority is not truly representative or does
not in other respects complly withl the provisions of the Act, may
require an appropriate miodifienation in the method of selection of
the Oxile Authority.
SECTION.s 4. AnIbelrb ls o~f thle TIncliistry shall b~e entitled to partici-
pate in and share the be~nefits of theu activiies of the Code Authority
and to participate in tile selection of the: memlberss thereof by assent-
myg to and complyingr with the requirements of this Ciode and sus-
taining their reasonable share of thle expenses of its administration.
se paragraph 2 of order aprproving this Codie.





188


Such reasonable share of the expenses of administration shall be
determined by the Code ~Authority, subject to review by the Admin-
istrator, on the basis of volume of business and/or such other
factors as may be deemed equitable.
SECTION 5. IIn order to assist in making effective the reports fromt
the Industry and in eliminating unfair competition, the Code Au-
thorityT maly makre studies for the establishment of classifications and
standards of ~quality for products of the Industry, to be submitted
to the Acdmninistrator, and after approval by him, such classifientions
and standards of quality, shall be observed by all members of the
Industry.
S~EenowC 6. The Code Authority shall have the following further
power.CIS anld duties:
(a) To collect from the members of the Industry through an im-
partial agent with full protection to each. member as to thne con-
fidential nature of the material all data and statistics required by the
Administrator or pertinent to the eff~ectuation of Title I of the Na-
tional Industrial -Recovery Atct and said agent shall compile the
data and statistics and furnish the Code Authority summaries
thereof, which shall be furnished to the Adm~inistrator and to the
members of thle Industry, all in. such form and manner as the Code
Authority shall reasonably prescribe subject to the approval of the
Administrator.
(b) In addition to information required to be submitted. to the
Code Authorityr, all. or any of thne persons subject to this Code, shall
furnish such statistical information. as the AL~dministrator may deem
necessary for the purposes recited in Section 3 (a) of said Act to
such Fedel~ral anld State age~ncies as the AQdministrator m-ay designate;
nor shall anything in. this Code relieve any person of an~y existing
obligation to furnish reports to Governm~ent agencies.
(c) To represent the Indutryit3 in conference with the Administra-
tor with respect to the application of this Code and of said Act, and
any regulations issued thereunder. The Administrator ma~y desig-
nate repro nc~ltaltives~ to participate in such conferences, who shall
have access to all data and statistics collected by said agent as abo-ve
provided. The Coode Authority or its authorized committee or
agency shall hold itself in rendiness to assist and keep the Adm~~inis-
trator fully advised, and to meet with the Administrator's recpre-
sentative from time to time as required to consider and srtudy2 anly
Suggestion or proposals presented upon behalf of the Adminillstrator
or any member of the Industry regarding th~e operation, observ\ance,,
and administration, or othlerwise, of this Code.
(d) To receive complaints of violations of this Code, m~ake investi-
gation thereof, provide hearings th~erleonl and adjust such. compllaintts,
and bring to the attention. of the Administrator for prosecution,
recommendations, and information. relative to unnadjusteed violations.
(e) To initiate, consider and make recommendations for the modi-
fien t on or amendment of this Code.
SCECTIO)N 7. T~he Code Authorityr shall use sulch agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing: herein shall relieve thle Code Authorityr
of its duties or responsibilities under this Code and that such






189


agencies shall at all timires be subject to and comply w~ith thne pro-
visions hereof.8
SECTION 8.- TO SeCul't re l 1001 embers of the Inlustr~y an. equitab~le
and propor~tionate pamntrncl of the reasonable expense of maintaining
the Code Aulthority andt its activities.
SECTION 9. NOthing co~ntained 18 this Cl000 bitlnl conStitute the
members of thle Cod~e Authorityy partners~ for any purpose~. Nor
shall anyr member of the Code Anithority be liable in anyS mainner to
anyone for any act of any? other miemb~er, off(ie, agent or emnployee
of thle Coode1 Authority. Nor .shall anly member of the Code ALu-
thority, exercisiing r~easoinable cliligenc~e in the coduciiliit of his duties
hereulnder be liable to avlone for anty action~ orl omission to act undecr
thiis Cod-e. srexet for hlis on willfuL lmisfeasanll'l Or no~n-feasanne.
SECTION 10. A;1 ll prduts' manufacturers d and coh~1 l object to the
provisions of this Cod!e shall bea~r the NJ.R.A. in-i. to purchaser~s of said products th~e conditions~- undel~r which theyV were
ma~nul3facltured Thle Codle Auiithorityl shall have the~ exclu~ive right
inr this Indu~~str to issue andl furlnish said inl.irnia to mlclllember
thereof. The cod'e Aulthoirity, subject to the aprvlof the
Administratolr, shall estalblishl such1 rules and reguII1lation s and- such
ap~propriate malchin ery~ as arec necessary for the ismanlc~e of ruch
insignia and shalll also prov\idt e in these rule~ anrd retgul~ltions for the
i nspect ion. exsam17i naIt Ion1,and supervision of the practices of employecrs
using such~ insic ni atob-rvneothpro~visions of this Clode
for thle purp!lose of asc~ertaining~ the rightofsi moeroth
continued use of said~ insigniin, of protecting pu'rchasers~ in relyingr
on said insignia andl of insuriing to each. indciv~idell emnployer that
the symlboli m of saidl insignrlin willl be? maintained by virtule of comn-
pliance writhl the practices~ herei~n continued anrd by all employers
In the Indusltry\. The right to the conitinrued use of said insignia
shall not be wvithlll\.law by the Coder Auth~or~ity escepit upon approval
by the Adminirist ra;tor. Thle i~ssannce, withidr rawal and charge mad~e
for sucrh incigciina hy! thle Code Auithonrity shall aIt all times be sub~ject
to supervision andc o~rdecr of thc Administrator, and the charge madle
therefor sha~ll be1 no~t nor~e thain an amount nee~ssr~y to cover the
actual reasonablel co~st thecreof, including actual p~rinting, distribution,
and administration andl suipervision of the use thereof as herrein above
set forth, andl in no evlent to be! int excepss of one (1$) cecnt each."
SECTION 11. If the hllmmnistrato-r Shall determiine that any action
of a Code Aullthority' or.nnyr agenev thereof is unfair or unjust or
contrary to thle public interest. the AdministratAor may require that
such action b~e sulspend~ed to afford an opportunity for investigation
of the me~rits~ of suchl action andt further consideration by such Clode
Authority or agerncy spending final action, which shall not be eff~ee-
tive unless the Adtministr~ator approves or unless he shall fail to dis-
approve after thiirty (30) days' notice to him of intention to proceed
with such action in its originall or modifiedl formi.
AlltIC(LE V1- FR PIC'ES .\ND TER.1IS OrF PA\YMEINT
SECTIOIN 1. Each member of: the Inidustr~y shall within ten (10)
days after thle effec~tive da~te oif thiis Code file with the Code Authority
a See paragraph 2 of orde~r approvifng thils Code.
Bee paragraph 2 of order approvial this code.






190


a price schedule which shall be open to all buyers and clearly show
prices for each commodity, produced by him or it including dis-
coun~rts, allowances, -and all terms and conditions of sale. Thereafter
each member of the Industry shall at all times maintain. ol ~file with
the Code Authority current price schedules for each commodity, pro-
vided, how\ever, revised price schedules may be filed from time to
time thereafter by any member of the Industr~y to become effective
ten (10) days thereafter. Members of the Industry shall not sell
commodities at prices other than those shown on the latest price
schedule so filed."
SECTION 2. The Code A-uthority shall cause to be formulated an
accountingf system and maethnods of cost finding and/or estimating
capable of use by all mlemlbers of the Industry, subject to the ap-
proval of the Administrator. After such system and methods have
been formulated, full details concermrng them shall be made avail-
able: to all memb-~lers. Thereafter all members shall determine alnd/or
e.-timante costs in accordance with the principles of such methods.
Sa?rlmx 3. When, the Code A~uthority determines that an. emner-
gency exists in this Industry and that thne cause thereof is destructive
price cutting such as to render ineffective or seriously endanger the
mn in~te!nan e of the provisions of this Code, the Code Authority mna
cause to be determined the lowest reasonable cost of the product o~f
this Industry, such determination to be subject to such notice and
hecn ring as the Administrator may require. The Administrator muay
approve'\', dlisapprove," or modify the dlete~rmination. Ther~eafter dur-
ing the period of the emergency, it shall be unfair trade practice for
any member of the Industry to sell or offer to sell any product of
the Industry for which thne lowest reasonable cost has been deter-
mrined, at such prices or upon such terms or condlitionsi of sale that
th~e buyer will pay less thnerefor than, the lowest reasonable cost of
such product.
When it appears that conditions have changed, the Clode! Aulthority,
upon its own initiative or upon the request of any interested party,
shall en aw~t the determination to be reviewed.

ARTICLE VIII-UTNFAIR METHODS OF COM P-ETITIO~N

SECTION 1~. For all purposes of this Code the acts described in
this Art icde shall constitute unfair trade practices. ;Any member
of thle Industry who shall, directly, indirectly, or through an~y
offcer, employee, agent or representative, knowingly use, employ,
or permit to be employed any of such unfair practices shall be
guilty of a violationl of the Code.
(a) No member of the Industry shall give, permit to be given, or
directly offer to give anything of value for the purpose of influene-
ing or rewarding the action of any employee, agent, or representa-
tive of another in relation to the business of the employer of such
employee, the principal of such agent, or the represented party with-
out the knowledge of such, employer, principal, or partly. The
foregoing provisions shall not be construed to prohibit free and gen-
eral distribution of articles commonly used for advert~isina excep~t.
a See paragraph 2 of order approving this Code.






191


so far as such articles are actually used for commercial bribery
as herein defined.
(b) Nro member of the Industry shall attempt to induce the breach
of an existing contract between a competitor and his employee or
customer or source of supply; nor shall any such member initerfer~e
with or obstruct the performance of such contractual duties or serv-
ices. Nothing in this Rule shall qualify Section 7 (a) of the A~ct,
or obstruct the free exercise of the rights of collective bargaining
therein guaranteed.
(c) No member of the Industry shall secretly offer or make any
payment or allowance or a rebate, refund, commission, credit, uin-
earned discount or excess allowance, whether in the form of money
or otherwise, for the purpose of influen~ingr a sale, nor shall a miem-
ber secretly extend to any customer any special service or privilege
not extended to all customers of the same class.
(d) N'o member of the Industry shall defame his competitors by
falsely imnputing to them dishoniorazb le conduct, inability to performs
contracts, questionable credlit standing, or by any other false repre-
sentation. or the false dlisparagrement of the grade or quality of their
goods.
(e) No members of th~e indcustry shall manke false reports to cus-
tomers concerning the enpacity, production, inventories, sales, orders
or shipments of others. A~lrl~ems of the Industry.
(f) No mlember of thle Indiustry shall make or giv'e to any pur-
chaser of anly product any guiaranity of protection in ainy formn
against the deccline in the market price of such product.
(g) Nuo members of thle Indus~try shall ship goods on conisign-
ment, or employ any mleans directly or indlirectly by suibterfuige
or othlerwise to dlefeat theinento hsprgah
(h) No membiier of the Indruftry .shall markl, brandll or palck'l ary
product in any ma nnnier w~hichi has the tendency to mislead or
deceive customers or prospective customers as to the brand, girade,
quality, size, quantity, origin, materials content, or preparation of
any product o~f thle Indusltry sEold or offlered for sale.
(i) No memblerr of thle Indusltr~ y shall state inl thle invoice of anly
product us thle da~te thereof a dlate other tha~n the actu~al date of thle
shipmen"t of sulch product or of the~ o~iginall conltr~ct of sale.
(j) No memiberr of the Indulstry shall aid or ubet any' per~son, firmll
association, or corporation to use any unfair trande practice.
ARTICLE IX-MIoorIerr.\ION

SEenIoS 1. This Codle aInd all the provisions thereof are exp~ressly
made subject to thle right of the Presidecnt. in necordance w~ithi the
provisions olf subsection (b) of Section 10~ of the Nuational Indus~trial
Recov.er~y 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 right of the Presi-
dent to cancel or mnodify hiis approval of this ('odle or any condlitions
imposed by him upon his approval thereof.
SECTION 2. In order to enable the Indlustry to conduct its opera-
tions, subject to the provisions of this Code; to establish fair trade
practices within the Industry, and with those dealing with thle




UNIVERSITY OF FLORIDA

I1#ll1 II llllll 11II I I11111 I lllllllillllll
192 3 1262 08856 0833

Industry and otherwise to effectuate the purposes of Title I of the
National Industrial Recovery Act, supplementary provisions of this
Code or additional Codes may be submitted from time to time for
the approval of the President.
ARTICLE XL-M~onoroL

SECTION 1. No provision of this Code shall be so applied as t.o
permit monopolies or monopolistic practices or to eliminate, oppress,
or discriminate against small enterprises.
ARTICLE XZI-PRICE INCREASES

SECTION i. W18TreS the policy of the National Industrial Recov-
ery Act to increase real purchasing power will be made mor~e difti-
cult of consummation if prices of goods and services .increase as
rapidly as wages, it is recognized that price increases except. such
as may be required to meet individual cost should be dlelayed, but
when made, such increases should, so far as possible, be limited to
actual additional inrIcratse in thne seller's costs.

ARTICLE XII-EFFIECTIVE DATE

SECTION 1. This Code shall be effective on the ~first Monday1 after
the date on which it shall hav~e been approved by the President.
Approved Code No. 386.
Registry No. 1114-30.