Code of fair competition for the foundry equipment industry as approved on February 6, 1934

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Material Information

Title:
Code of fair competition for the foundry equipment industry as approved on February 6, 1934
Portion of title:
Foundry equipment industry
Physical Description:
p. 255-265 : ; 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:
Foundries -- Equipment and supplies -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1112-02."
General Note:
"Approved Code No. 264."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952676
oclc - 63655190
System ID:
AA00006981:00001

Full Text

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For sale by the Suiperintendent of Documents. Wasrhington, D.C. - Price 5 cents


Approved Code No. 284


Registry No. 1112--02


NATIONAL RECOVERY ADMIINISTRATION




CODE OF FAIR COMPETITION

FOR THE


FOUNDRY EQUIPMENT

INDUSTRY


AS APPROVED ON FEBRUARY 6, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHIINGTON : 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 THIE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Offce Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mlass.; 1801 Cus~tomhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston. S.C.; Chamber of Commerce Building.
Chicago, Ill.: Siute 1 06, 201 North WVells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
D~etroit, Mlich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
M\emphis, Tenn.: 229 Federal Building.
Minneapolis, M~inn.: 213 Fedleral Building.
NewF Orleans, La.: Roomn 225-A, Custombouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, 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 Franelsco, Calif.: 310 Custombouse.
Seattle, Wash.: 800 Federal Offc~e Building.












Approved Code No. 264


CODE O1F FAIRR COMPETITION
F'OR THIE

FOUNDRYZ EQUIPMENT INDUSTRY

As Approved on. February 6, 1934


ORDER

APPROVINGa CODEr OF EIAIR COMPETITION FOR THE FOUNDRY EQUIPMENT

An application having been duly made p-ursuant to and in full
compliance with the provisions of Title I of te National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Foundry Equipment Industr~y, and ]hear-
ings 'having~ been duly held thereon and the annexed report on said
Code, cont~aining, findings with respect thereto, having been made and
directed to the President:
NOWl, THEREFORE, on behalf of the President of the United
States, I, Hugjh S. Johnson, Administrator for Intdustrial Recoverlg,
pursuant to authority vested in me byEeuieOdroftePe-
den, icluingExeutie OderNo.6543-A, datedi December 30,
1933, and otherwise; do hereby incorporatez by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Atlct; and do hereby order that said Code of Fair
Competition be anrd it is hereby approved, on condition that the
words and without expense to the Industry in paragraph (a)
Section I of Article. VI: be eliminated, and that the words "( and
memers of their respective staffs "', in the first and third paragraphs
of Section I, of Article III[, be eliminated.
Husn~rr S. JoHNson,
Adtministrator for Inldustr~ial Recovuery.
Approval Reconunendedl:
W~. A~. HARRIMAN,
Divlision. A dmin istrator.
~TASHI~NGTON, D.C.,
February 6, 1934.


385068"-376--26-8-4


(255)













REPORT TO THE PRESIDENT


The PRESIDENT,
The TY hite House.
SIR: This is a report, on the Code of Fair Competition for the
Foundryv Equipment Industry in the United States, the hearing
having been conducted in W~ashington on November 10, 1933, in
accordance with the provisions of the N~ational Industrial Recovery
Act.
PROV'ISION FOR HOURS AND WAGES

Normal working time provided in this Code is 8 hours per day and
40 hours per week, work being limiited to 6 days in any 7-day period.
HAowever, to meet sharp peak demands difficult to handle by increas-
ing the regular force, employees engaged in production are permitted
to w~ork 418 hours per week, this overtime being limited to 36 hours in
any 3 months. Exception also is made in the case of employees on
emergency work due to breakdowns or in protection of life or prop-
erty. In the above cases time and a half is paid for time over 8 hours
per day and 40 hours per week. Watchmen and heating-plant fire-
men are limited to 8 hours per day and 56 hours per week. The
hour lim~itation does nlot apply to clerical, executive, and technical
employees earning not less than $35.00 per week, nor to outside sales
andl service mnen while their expenses are paid by the employer.
The minimum wage for factory employees Is 40 cents per hour,
woen being paid the same as men on substantially the same work.
Clerical and office employees have a minimum of $15.00 per week
except for a limited nmnbe~r of office boyvs and girls who shall be
paid, not less than 80 percent of the $15.00 minimum.
CHILD LABOR

The minimum a~ge set by this Code is 16 years; except in hazardous
occupations on which the minimum age is set at 18 years.
ECONOMIC EFFECT OF THE CODE

This industry develops and builds the equipment used in foundries
on the production of metal castings. It is one of the capital goods
industries which has suffered severely from thle effects of the depres-
sionm. W~ith foundries throughout the country operating at extremely
lows levels during four years, the fallling off in the demand for foun-
dry equipment has been such that employment in this industry fell
from 1,437i in 1920 to a low of 480 in 1933. wlith a decrease in average
hours per wreek from 49 in '192!9 to 3.3 in 1933, production being only
12 percent of capacity ini November 19333.
(256)






257


WVhile under present conditions no additional employment is cre-
ated by the 40-hour w~eek, th~e indlustr~y anticipates that through in-
creased foundry activity under the Na~tional Recovery ~Act there is a
distinct possibility that under the Code the mnaximaum employment
in this industry eventually will be increased by at least e.3 percent.
This industry employs a high proportion odf skilled workers and
wages mn most cases already are considerably above the 40-cent milni-
mum set byr the Code, there having been very little increase in average
hourly rates since 1929.
FINDINGS

The Deputy Adlministr~ator in his final report to mne on said Code
having found as herein set forth and on th~e bais~ of all the proceed-
ingrs in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial RCeco~very Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and Iwill pro-
vide for the general welfare by promnoting rthe orgaanization of indjus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanctions and superv~ision1, by elimli-
nating unfair competitive practices, by promoting the fullest possible
ultilization of the present produrctive capacity of industries, by avcoid-
:ng 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 not more than 50,000 em-
ployees, andt is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said TPitle of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that th~e 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 will. not permit monopolies
or monopolistic practices.
(e) TChe Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
()Those engaged in other steps of the economic process have
said Code.
For these reasons thlis Code has been approved by me, onl condition
that thet words '"and without expense to the industry in paragraph
(a) Section 1 of Article VTI be eliminated.
Respectfully,
IT~van S. JoHNson,
Ad in is trat or.
F1EBRUARY 6, 1934,












CODE OF FAIR COMPETITION FOR THE FOUNDRY
EQUIPMC~ENT INDUSTRY
ARTICLE I-PUTRPOSES

To effectuate. the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fa.ir Competition for the Foundry Equipment Industry, and upon
approval by the President shall be the standards of fair competition
for suich industry and shall be binding upon every member thereof.

ARTICLE II-DEFLINRIONS

1. The term "L Foundry Equipment Industry as used herein
includes t~he designing, manufacturing for sale, and/or selling and
installing by the manufacturer of all types of foundry equipment
applicable to the production of metal castings in any form, and
such branches or subdlivisions thereof as may from time to time
be includ~ed under the provisions of this Code.
2. The termi employee as used herein includes anyone enga ed
in the industry in any capacity receiving compensation for his
services, irrespective of nature or method of payment of such com-
pensation.
3. The term "L employer "' as used herein includes anyone by whom
any such employee is comnpensated and employed.
4. The termn member of the industry includes anyone engaged
in the industry as above defined, either as an employer or on h~is
own behalf.
5. The term member of the code includes any member of the
industry whio shiall expressly signify assent t~o this code.
6. The terms "' President "', "Act "', and "'Admlinistrator as used
herein shall mean respectively the President of the United States,
Title I of thle National Industrial Recovery Act, and the Adminis-
trator of saidl Title I of said Act.

ARTICLE ~III-HonsR

1. No employee excepting clerical or office employees and those
employed in executive, managerial, or supervisory capacities, tech-
nicalf employees and members of their respective staffs, who earn
in no week less than $35.00, and outside salesmen and outside service
men whlile their expenses are paid by the employer, shall be per-
mittedl to worrk in excess of 8 hours in any 24-hour period or 40
hours in any week. This provision shall not apply to watchmen
and firemen, maintaining fires for heating, who may be permitted
to work; not in excess of 83 hours per day, or 56 hours per week.
(258)






259


Provided further, that in cases of peak demand which cannot be
met by increasing the regular force of employees, anyg employee
engaged in production of the products of the industry whose hours
of work are herein otherwise limited may be permitted to work not
to exceed 48 hours per week, w~ith time over 40 hours per weeki limited
to not more t.hzan 36 hlour~s in anyT 3 months' period, provided that
such employee be paid one and one-`half (11-/2) times his regular
hourly rate of pay for all hours worked in excess of 8 hours per
day or 40 hours per week.
No clerical or offce employees, exceptingr those em~ployped in man-
agerial, executive, or supervisory capacities, technical employees and
members of their respective staffs, who earn in. no week- less th~an
$35.00, shall be permitted to work in excess of 8 hours in any 24-hour
period or 40 hours in. any one week~.l
2. The maximuml hours fixedl in thre foregoing section shall not
apply to an y employee, on emergency maintenance or emaergency
repair work involvinga breakdowns or protection of life or property,
but in any such special case one and one-half (11/2) times his normal
]hourly rate shall be paid for hours w~orkred in excess of the normal
hours herein provided.
3. Nf;o employee except. as h~erein above provided shall be permitted
to work more than six (6) days in any seven (7) day period.
4. No employee shall work or be permitted to work for a total
number of hours in excess of the numbller of hours herein limited
for each 24-hour or 7I-day period or week, wJhether employed by one
or more employers.
ARrICLE IVCT-WAGES

1. No employee, except clerical or offce employees, shall be paid
ait less than the rate of for~ty cenlts (404) per hour;
Provided, howeer, that a person whose earning capacity is limited
because of age or physical or mental handicap may be employed on
flight work at a wage below the minimum established by this Code
if t~he employer obtains from the State authority designated by the
United States Departmlent of Labor a certificate authorizing his emn-
ploymnent at such wages and for such hours as shall be stated in. the
certificate. Each employer shall file with the Code Authority a
list of all such. persons employed by him.
2. No clerical or office employee shall be paid at less than the. rate
of fifteen ($15.00) dollars per week, excepting office boys~ and girls,
who may be paid at a rate not less than 80%~ of the minimum wage
above provided; provided that no employer shall employ a number
of such office boys and girls in any office in excess of 5%0 of thle total
number of his office employees, provided further, however, that any
employer shall be permitted to employ 2 such office boys and girls
in each office.
3. Nothing in this Article IV shall apply to or a effect any1 bona fide
apprentice duly indentured under a system or course training
which, when completed, will makie the apprentice a skilled mechanic.
A copy of each indent~ur~e shall be filed with. the Code Aicuthority.
1 See paragraph 2 of order approving this Code.






260


4. At no time shall new apprentices be admitted to apprenticeship
in the employ of any one employer when such action will bring the
total number of apprentices in the employ of such employer to more
than 10 percent of the total number of skilled mechanics employed b
such employer, any employer being entitled to employ 2 suc
apprentices.
5i. Wage rates for employees now being paid at more than the mini-
mum rate, hereinabove provided, shall be equitably adjusted in ac-
cordance with such minimum rate; provided, however, that no such
rate in excess of such minimum rate shall be reduced. Within sixty
days after the effective date each employer shall report to the Ad-
ministrator through the Code Authority all such readjustments made
by him since June 16, 1933.
6. This Article establishes a minimum rate of pay regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
7. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
ARTICLE V-GENERAL LABOR PROVrISIONS

1. No person under sixteen years of age shall be employed in the
industry nor anyone under eighteen years of age at occupations or
operations hazardous in nature or detrimental to health. In any
State an employer shall be deemed to have complied with this pro-
vision if he shall have on file a certificate or permit duly issued by
thie authority in such State empowered to issue, employment or age
certificates or permits, showing that the employee is of the required
a ge.
2. Emuployees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
fr~ee froml the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to refrain
from jamning, organizing, or assisting a labor organization of his own
choosing, and
4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
5. WTithin each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers reg-
ulating the, age of employees, wages, hours of work, or health, fire,
or general working conditions under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act.
7. Each employer shall post in conspicuous places full copies of
this Code.






261


ARTICLE VI: ADMINISTRATION

To effectuate further the policies of the Act, a, Code AuthorityV is
hereby constituted to cooperazt~e with the Admlinistrator in th ad-
ministration of this Code. The Administrat~or shall have: the power
to disapprove any act of the Code Authority that, in his judgment
violates or tends to violate the National Industrial Recovery Act,
its intent and purposes.
1. Organization and Conzstitutfion of Code Authol~riy.--(a) T1he
Code Aut~hority shall consist of not more than ten and not less than
nine voting members. Nine of such1 members shall be appointed by
the Board of Directors of the FoundryS Equipmnent Ma~nufacturers
Association, Inc., and one may be chosen by members of the industry,
if any, who are not members of the Foundry Equipmlent 1Manufac-
turers Association, provided such repr~esentationi is desired byI such
members of thle industry. The Admninistrator in his discretion may
appoint not t~o exceed three additional members without vote and
without expense to the industry, to represent such interests as he
may designate.2
(b) The Foundry Equipmnent Mianufacturers .Associations, Inc.
agrees to (1) impose no inequitable restrictions on memnlberIship anti
(2) submnit to the Administrator true copies of its articles of asso-
ciation, bylaws, regulations, and any amendments when made
thereto, together with such other information as to mnemrbership,
organization, and activities as the Administr~ator may deem neces-
sary to effectulate the purposes of the Act.
(c) `In order that the Code Authority shall at all times be truly
representatives of the industry and in other respec~ts comply with the
provisions of the Act, the Admninistrator may provide such hearings
as he may deem proper; and thereafter, if hre shall find that the Code
Authority is not truly representative or does not in other respects
comply with the provisions of the Act, may :re~quir~e an app-ropr~iate
modification in the method of selection of the Code .Author~ity.
2. Pow~e~s and Dulties of Code Authorfitiy.-TPhe Code Authority
shall have the following duties and powetrs to thne exrtent permitted
by the Act:
(a) Joinlt Iindu~s~tral Relations B~oard.--To create as an agency3 of
the Code Author~ity, a Joinit Industrial Relations Bioard, consisting
of an equal number of representatives of emiployers and emnployeres,
andl an impartial chairman elected by the miember~s of the Boar~d,
to investigate all matters in the Code relating to hours, wages, and
general labor provisions andl to report their findings and recom-
mendations to the Clode Aut~hority. The designated employees' rep-
resentatives shall be truly representative of the employees of the
industry and shall be selected by such employees.
(b) EmEpenzse.--The expenses of administering the Code shal be
borne by members of the industry. The Code Authori ty ay fromt
time to time makie such assessments onl account of such expe nses
against the members of the industry as it shall deem profIperadsc
assessments shall be payable as the Code Authority salseiy
= Bee paragraph 2 of order approving this Code.






262


The assessments above referred to shall be~ apportioned among the
members of the industry prorated to dollar volume of sales.
(c) Specifec Powers.--The Code Authority, in addition to the gen-
eral powers provided herein, shall have the power to require from
members of the industry such reports as are necessary to effectuate
the purposes of the Code; may upon its own initiative or upon com-
plaint of any member of the industry make investigations as to the
function and observance of any provision of the Code; may hear all
matters developing from such investigations and attempt to deter-
mine the same; and may from time to time present to the Adminis-
trator recommendations including interpretations based on condi-
t'ions in the industry which will tend to effectuate the operation of
the provisions of the Act.
The Code Authority shall have the power, in addition to the spe-
cific powers herein granted, to hear all matters pertaining to the pro-
visions of the Code which may be submitted to it by any member of
the industry and to report such matters to the Administrator and to
exercise any other general and lawful powers which may be necessary
to secure performance thereunder.
(d) Genearal Improvemenzt Recommendations.--It shall be the
duty of the Code Authority to submit to the Administrator from
time to time such recommendations as in its judgment will have
the effect of improving the Code, or of improving the results se-
cured thereunder, any of which recommendations when approved by
the Administrator, shall have the same force and effect as other
provisions of this Code. Every recommendation shall be made only
after a proper canvass of the opinion of the industry. In submitting
any recommendation to the Admainistrator, the aggregate number
of members of the industry as well as the aggregate productive
capacity favoring or opposing the recommendation shall be indi-
cated. Such recommendations shall, among others, be of the fol-
lowing character:
Recommendations for changes in such provisions of the Code as
relate to hours of work, plant hours, minimum wages, and working
conditions, as may seem desirable in the light of experience under
the Code.
(e) Procedlure.--Any complaint made by a member of the indus-
try' concerning an alleged violation of the Code by another member
of the industry shall be submitted to the Code Authority in writing
and by registered mail. The complaint shall contain a complete
statement of the facts, and shall refer specifically to that part of the
Code which is alleged to have been violated. The Code Authority
shall obtain such information as, in its opinion, shall be necessary
to establish the facts. If it shall appear to a majority of the Code
Authority that there has been a violation of the Code, a statement
of the charges shall be sent by registered mail to the member of the
industry alleged to have committed the violation. The statement of
charges shall fix the time and place for a hearing and at this hearing
the member of the industry charged with the violation shall be
given an opportunity of presenting his defense. If it is the decision
of a majority of the Code Authority that a violation of the Code
has been committed, it shall tak~e such steps as may be necessary to
e~fectuate the provisions of the Act






263


(f) Gen9eral Adm~inistrative Provisi'on..--In addition to the in-
formation required to be submitted to the Code Au~thorityT as set
forth in (c) of this Section and Article, there shall be furmished to
the government agencies such statistical information as thie Admin-
istrator shall deem necessary for the purposes recited in Section
8 (a) of the National Indust~rial Recovery Act.
An appeal -from any action byr the C'ode Autho~it~y affect~ing t~he
rights of any employer or employee in. the industry may be taken
to the. Administrator.
(g) Personal Exzempntion of Code Auth ority.--Noth ing cont gained
in this Code shall constitute the members of this Cod~e or of the Cod~e
Authority partners for any purpose. N~or shall ainy member of the
Code Authority, exercising reasonable diligence in thle conduct of his
duties hereunder, be liable to anyone for any action. or omission to
act under this Code, except for his own willful mis~feasance or
nonfeasance.
AnvICia VII-TRADE PRACTICE

1. Costr Accoulcnting.-Every employer shall use a cost accou~ntinlg
system which conforms to thle principles of and is at least as detailed
andl complete as the ulniformn and standards methodl of cosnt, accounnting
to be prescribed by the Code Authority andl appr~oved by the
Administrator.
2. Supplemen~tary Godes.--The Code Authority shall surv\ey the
trade practice conditions of thre industry and various allied subdivi-
s~ions thereof, that tend to defeat the purposes and effectiveness of
the Act, and may present to the Administrator supplemnentary Codes
of fair trade practices, which, upon approval by the Administrator,
shall have the same force and e~ffct as provisions of this Code.
3. Unfair Tra~de Plractices.--The following practices constitute
unfair competition and are prohibited:
(a) M~isrlepresentat~ion or Falis~e or 2Misl~eadinrg Adv"le~rtf' isig.-- The
mala'ng or causing or knowingly permnitt~ing to be made or published
and false, materially inaccurate or deceptive statement, byg wayo
advertisement or otherwise, whether concerning th~e grade, quality,o
quantity, substance, character, nature, origin, size, finish, or prepara-
tion of any product of the industry, or the credit terms, values,
policies, or services of any member of the industry, or otherwise,
having the tendency or capacity to mislead or deceivre customers or
prospective customers.
(b) Commesrcianl Brzibery.-Iirectly or indirectly to give or per-
mit to be given, or offer to give, money or anything of value to'
agents, employees, or representatives of customers or prospective
customers, or to agents, employees, or representativ-es of competi-
tors' customers or prospective customers, with or without the k~nowl-
edge of their employers or principals, as an indluc~ement to influence
their employers or principals to purchase or contract to purchase
from the makers of such gift or offer, or to influence such employers
or principals to refrain from dealingr or contracrting to deal withn co-
petitors; provided, however, that nothing in this paragraph shall
be construed to prohibit free and general distribution of articles
commonly used for advertising except so far as such articles are
actually used for commercial bribery as herein above defined.






264


(c) Interference wpith Contractual Relatione.-M:aliciously induc-
ing or attempting to induce the breach of an existing oral or written
contract between a competitor and his customer or source of supply,
or interfering with or obstructing the performance of any such con-
tractual duties or services.
(d) Secret Rebates.--The secret payment or allowance of rebates,
refunds, commission, credits, or unearned discounts, whether in the
forml of money or otherwise, or the secret extension to certain pur-
chasers of special services or privileges not extended to all purchasers
on like terms and conditions.
(e). Givingr of Prizes, Premiumns, or Gifts.--The offering or giving
of prizes, premiums, or gifts in connection with the sale of products,
or as an inducement thereto, by any scheme which involves lottery,
misrepresentation, or fraud.
(f) Defnnamaition- The defamation of competitors by falsely im-
puting to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or any other false representations or
bsy false dispar~agemlent of the grade or quality of their goods.
(g:) Threats of Litigation.--The publishing or circularizing of
threats for infringement of patents or trade marks or of any other
legal proceedings not in good faith, with the tendency or effect
of hanrsing;r competi;tors or int~imidat~in their customers.
(h ) Espion)age of Comnpet itor~s.--Secu ring confidential i nforma-
tion concerning the ~business of a competitor by a false or misleading
statement or representation, by a false impersonation of one mn
authority, by bribery, or by any other unfair method.
(i) FirmL Bidd~ing.--Thet altering of original bids on the same
equipment unless a change in specifications or requirements of the
buyer has been made.
(j) Helling Be7ozo Crost.-Selling or offering to sell products or
service of the industry at a price below the seller's cost. Cost shall
be dleter~mined in atccor~dance with Section 1. of this Article VII.
(k)Iin ngi nee ring and Serv~ice Charges.-F~urnishing patterns, en-
grineering, or erectingr service without making proper charges for
samne, as defined in Section 1 of Article VII.
(1) Deta~il Sh~op D~rawings.-To furnish detail drawings of stand-
ard units whether manufactured by a mlember or purchased by him
for resale.
(m) Othe4r Unfalir Prarctic~es.-Nothing in this Code shall limit
the effect of anty adj udication by the Courts or holding byr the Federal
Trade Commission on complaint, finding, and order, that any prac-
tice or method is unfair, provid;ing that such adjudication or holdings
is not inconsistent with anly p~rov'sion of the Act or of this Code.
ARTICLE TT111-RIGHTS OF PRESIDENT

This Code and all the provision thereof are expressly made sub-
ject to the right of the President, in accordance with the provisions
of subsection (b) of Section 10 o~f the National Industrial Recovery
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 limitattion, to the right of the President to






265


cancel or modify his approval of this Code or any condlitionls im~-
posed by him upon his ap~pro~val thereof.
ARTI(..E IX-MOD(rlIFICATION

This Code, except as to provisions Irequir~edl by the Act, may be
modified on the basis of experience or changes in circumstances,
such m-odlificationls to be based up~on app~lica~tio n to the Admiinistrator
and such notice and hearing as he shall specify, to become effective
on approval of the Administrator.
AuRICLE Xi-ZON'OPOLIES, ETC.

N~o provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to elimlinate, oppress, or discriminate
against small enterprises.
ARTICLE XIU[--PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be maade impossible of consummnation if prices; of goods anid
services incre-ase: as rapidly as wa~ges, it is recognized that price in-
creases shmouldl be delayed and that, w7hen, made, the same should,
so far1 as reasonablyT possible, be limited to actual increases in the
seller's cost.
ARTICLES XII-ExPRoT TRAD)E

1t. N~o provision of thlis Code relating to prices or terms of selling,
shipping or marketing, shall apply- to export t.rude, or sales or ship-
ment, for export trade.
2. The exceptions established by this section shall apply also to
sales or shipments of mnaterials actually used in mlanufactu~re for
export trade.
ARTICLE X3III EFFECTIVE DAhTE

This Code shall become effective on the elevTenth day after its
approval by the President.
Approvedl ftode No. 264.
Registry N\o. 111202.




UNII VRI T OFliililiilii FL ORilliliiiiIDA III