Code of fair competition for the wooden insulator pin and bracket manufacturing industry as approved on March 16, 1934

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Material Information

Title:
Code of fair competition for the wooden insulator pin and bracket manufacturing industry as approved on March 16, 1934
Portion of title:
Wooden insulator pin and bracket manufacturing industry
Physical Description:
p. 115-126 : ; 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:
Brackets   ( lcsh )
Fasteners -- 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. 330-1-01."
General Note:
"Approved Code No. 338."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952632
oclc - 63654590
System ID:
AA00006992:00001

Full Text





NATIONAL RECOVERY' ADMINISTRATION




CODE OF FAIR COMPETITION



WOODEN INSULATOR PIN AND

BRACKET MANUFACTURING

INDUSTRY


I I
For emie hr the Superlatendent of Documents,. Washington, D.C. Price 5 conta


Approved Code No. 338


Registry N'o. 3301-1-011


AS APPROVED ON MARCH 16, 1934


WE DO OUR


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934























Thzis publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district onfices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston1, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Sulte 1706, 201 North Wlells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, MCich.: 801 First National Bank Building.
HE-ouston, Tex.: Chamber of Comnmerce 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, K~y.: 408 F'ederal Building.
Memphis, Tenn. :229 FLiederal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Roomn 225-A, Customhouse.
New York, N.Y.: 734 Custombouse.
Norfolkr, Va.: 406 EIast Plume Street.
Philatdelphia, Pa.: 422 Commer~cial T1rust Building.
Pittaburgh, Pa.: Chamber of Commuerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Cu~stomhouse.
Seattle, Wash.: 809 Federal Office Building.











Approved Code No. 338


CODE O]F ]FAIIR COMPETITION
FOR THE

WOODEN~~ INSULAOR PIN AND) ]BRACKET:
MANUFACTURING INDUSTRY

As Approved on March 16, 1934


ORiDERE

ArEnovisa CODE OF FAIER COMPETITION FOR THE WOODEN INSULATOR:
PIN ABND BRACKET IIA[NUFACTURING INDUSTRY
An applicat~ion having been duly made pursurant to and in. full
compliance wvit~h th~e provisions of' Title I of thne National Industrial
Recovery ~Act, approved June 16, 1933 for approval of a Code
of Fair Competita on for the W~ooden insltor Pin and Bracket
Manufacturing Industry, and hearings haRvingr been duly held there
on and the annexed report on, saidl Code. containingi findings with
respect thereto, having been made and direted to the President:
N'OW, THEREFORE, on behalf of the President of the U~nited
States, I, Hugh 8. Johnson, Administrator for Industrial Recovery,
pursuant to authority rested in me byT Executive Orders of the
President, including Executive Order NTuo. 65413-A, dated D~ecem-
ber 80, 1933, and otherwise* do hereby incorporate by reference said
annexed report and do fincf that said Code compiles in all respects
with the pertinent provisions and wasillprmtte olcan
purposes of said Title of said Act; ando hereby odrta
said Code of Fair Competition be and it is hereby approved.
HUGHn S. JonzsoN,
Administrator for Industrial Recovery.
Approval recommended:
A. R. GrANCY.
ASBHINGTON, D..C,
March 16, 1934.


468271" 425-89 84


(115)











REPORT TO THE PRESIDENT~


The PRESIDENT,
The Whitel House.
SmR: This is a report on the Code of Fair Competition for the
Wooden Insulator Pin and Bracket M5/anufacturing Industry the
hearing being conducted in W~ashington, D.C., on January 30, 1934,
in accordance with the provisions of the National Industrial Recov-
ery Act.
PROVISIONS ON HOURS AND WAGES

The maximtun hours provided in this Code for employees are
forty (40) hours per week and eight (8) hours per day. The work
wee~k is hmirnted to five and one-half (51/2) days. In~asmuch as the
product of this Industry is standardized, it can be manufactured for
stock and therefore no tolerance above the normal week is allowed
for peak periods.
Employees engaged in emergency maintenance and emergency re-
pair work are exc~eptedl from hourly limitation, under prescribed
conditions and are to receive one anld one-third overtime rate of pay.
Shipping clerks, firemen, and engineers whose normal duties in the
factory require a longer period each day than required of other
operatives are granted a tolerance of one hour per day and five hours
per week. Watchmen may wc~ork eighty-four hours in a two weeks'
period but not more than forty-eight hours in any one week. Ex-
emption from hourly limitations is granted to managerial and
executive employees regularly receiving $35.00 or more per weekr.
The minimum wage provided in this Code for factory emplloyeces
is forty cents per hour with no exceptions other than for employees
of limritedl capacity, who mnay be paid less than the minimum rate
under prescribed conditions. It is provided that clerical employees
shall not receive less than fifteen (15) dollars per week. Under
this Code no pre fent wage rates shall be reduced and equitable
adjustment of wages in excess of the minimum shall be made.
CH-ILD LABOR

TIlhe minimlum age provided in this Code is 16 years but in hazard-
ous occupations this age limit is increased to 18 years.
ECUNrOMIC ~FF-ECT OF TH-E CODE

Th~e sales of this Industry have deccreasedc~ nearly ninety per cent
since 1929 but there are signs of recovery. Sales were twice as large
during the s~c~ondl half of 10r33 as they w~eret during the first half.
The product of this I~ndlutry3 is I e~d entirely for electrical utility
construction and will be resplon.cive to any expansion in that field.
Only one-fourth of the estimated 250 employees engaged in this
(116)






17


Induistry in 1990 are at present, eloyed.cl. Thec maimuinim hours
providled in thiis Code will Inlcrease emlploymen1Clt approxSimately eleven
(11) pe r cent if thne samlle man. hours are I~:inninnined.l Thle number
of empllloycs waS ill.n~crse about tifty(0prcethn m o
thfe members of the IndtustryS si gned the Presidectnt' Reemlc oymentf
Agreement. Should the demaindic for this product again equal that
of 192?9, employment in the Indlustry will be increasedl by nearly
forty-fi\e (45) per cenit over that of 1'9'9 as the average work week
in that year was fifty-eigdht (58) hours as compared with the maxi-
mumn of forty (40) hours prescribedl by the Code.
The minimum wrage of forty (40) cents per hour established by
this Code is considerable higher than hans been paid by~ this Industry
inl thle past. Apprroximateely ninety (90)) per cent of the employees
must have their wage rates increased lin order to receive the nuiniunum
provided in the Code. This will mean an increase of nearly forty
(40) per cet over the real w3ages of October, 1933, and ninety (90)
per cent over those of June, 1933, for the employees now engaged in
this ITndustry. TIhis increase seems relatively large because a num-
ber of the! employees have beenl receiving as lowF as twelve andt one-
half (123i/2) cents per hour. MSany of thecc empoees aff~ected perform
a skrilele operation evcen though r~eceivingr ths ery low wage rate.
Some of th-e members of this ]Industry who have been pyaylno the
lower wFages and who have not cooperated by signing the Presigent's
Reempnloyment Agreement haveP plrofteste t~he prroapose wage as too
high. The assenting group juldgedl to be truly representative by the,
Legal Division has signified thant thle prescribed wage is satisfactor-y
and desirable in order to accomplish the increased purchasing power
purposely by the Act. The necessary increase in the? sale! price of
this product incident to this increased wFage rate will be easily ab-
sorbed inasmucrh as the labor cost in the production of wnoodlen insu-
lator pins and brackets represents an infinitesimnal portion of the cost
of the construction wor~k inl which thlis product is used and there is,
in the opinion of the Indlustry, no practicable substitute.
FINVDINGCS

TIhe Assistant D~eputy Adminis;t~lraor in his final repor~t to mne on
said Code having foulnd as herein set forth and on the basis of all
the proceedings i this matter:
I find that:
(a) Said Code is well dlesignedl to p~omote? thle! poliCie'S and pur-
poses of Tritle I, of the N~ational Indu~strial Recovery Act, including
removal of obstructionls to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and w~ill pro-
vide for the general welfare by~ promiotingr thle organization of in-
dustry for the purpose of cooperativ-e action among the trade groups,
byinducing and maintaingnn~ urInited1 acion of Inbor a ~innd management
under adequate governmental sanctions and supecrvision, by elimiinut-
ing unfair comipetitive p~ractices, by p~romiotingj thle fullest possible
utilization of the present prodluctive enpacity of industries, by avoidl-
ing undue restriction of production (xceptlt as mnay be temlporarilyr
required), by increasing the consumrption of industrial andc agrricul-
tural products through irllncesnlgr purrchasing powecr, by redu~cingo





118


and relieving Ilnemplloymentnt by improving standards of labor, and
by otherwise rehabili~tating; industry.
(b) Said industry normally employs not more thanr 50,000 em-
ployees; and is not classified by me as a major industry .
() The Code as appr~o\-d complies in all respects with the per-
tinent provisions of said Title of said Act, including without limlita-
tion Subsection (a) of Section 3, Subsection (a) ogf Section 7, and
Subsection (b) of Section 10 thereof ; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not -permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process havte
not: been deprived of the right to be heard prior to approval of said
Code.
F'or these reasons, therefore, this Code has been approved.
Respectfully,
IHvan S. JoHNson,
Administrator.


Mancan 16, 1984.












CODE OF ]FA~~IR COMIPE~TITON FOR TH-E WOODEN
I N SULATO~R PIN ANDBRACK~ET MANUFT~ACITURIN
INhDUSTRtY
AnnOILE 1- PURPOSES

To effect thle policies of Title I of the National Indulstria l Rcovery9
Act, the followi;ng provisions are establishedl as az C(,re of F~iair
Competition for the W~ooden Insulator Pin and Bracket Manlufactur-
ingr Indusitry and shall be binding upon every member thereof.

-ARTICL.E II-DEFIN ITIONS~

1. Thle termn "L Indust~rye as used herein includes the manufacture
and/or sale by, manufacturers of wooden insulator pins andl brackets
used on overhead transmission lines alnd such related branchtes or
subdivisions as mlay) fr~om time to time be included under the pro-
visions of this Code, after such notice and hearing as may be
prescribed.
2, The termn Employee "' as used herein includes anly and all
persons engaged inl the? In~usit~ry, however complensatedl, except a
member of the Indlustry.
3. The terml Miember of the Industry includes, but without
lImutation, any individual, partnership, associate on, or corporation
or other form of enterprise eng~agedl int the Indlustry either as an
employer or on his or its owCn be~half.
4. The term "'Association as used hlereiln mans the Niational
Wood Insulator Pin andl Bracket Mlanufacturers Asrsociation.
5i. The sterns '"Act and "Admlinistrator as ulsed hlerein shall
mneanl respectively, Title I of the N~ational Industrial 1Recovery Act,
and the Administratolr for Indu~strial ~RecovPery.

ARTICLE III-110URs

1. No emnployee shall be permnittedI to w~ork in exc~ess of forty (0
hours in any~ one wPeek or eIght (8) hours in any~ twenty-four (2
hour periodl, except as hereinafter provided.
(a) ShiPping elerk permitted to work in, excess of nine (9) hours in any tenlty-fourr
(24) houlr period or forty-five (45) hours in. anly one w~eek.
(b atchtmen, who shall not be permiittedl to w~ork in ercess of
eigty-four (84) hiours in. any two week perriod~ or for~ty-eighlt (-IS)
hours in any one week.
(c) EmlploYees in a mianagrcrial or excus~tive Cap~rity who1 regn1-
lar~ly receive more than $:35.00 per weeck.
2. No employee shall be per~mittedl to wForkl in exc~e4s of fiver and
on half (54%) days in any one w~eek.
(119)






120


3. No office, accounting, or cler1ic~al employee shall be permitted to
wor~k in excess of forty (40) hours in any n eko ih 8
hours in, any twenty-four (24) hour peritn od. wer regh 8
4. The maximum hours fixed in the foregoing section shall not
apply to anyr employee on emergency maintenance or emergency re-
pair work involving protection of life or property who shall be paid
at least one and one third (11/3) times his normal rate for all hours
wo~rked~ in, excess of eight (8) hours in any one day or fortyV (40)
hours in any one week.
5. No employer shall knowingly engage aLny employee for any
tim~e which when totaled with that already performed with another
employeer or employers exceeds the maximum, hereinrabove provided.
6. Members of the Industry who personally engage in productive
operations in their plants shall not work at such operations in excess
of the maximumn number of hours prescribed for employees in, this
Article.
ARTICLE IV-WVSAGES
1. N~o empnlloyee shall be paid at less than the rate of forty (40)
cents pr hour except as hereinafter otherwise provided.
2. Anemployer shall make payment of all wages due in lawful
currency or by negtiable check therefore payable on demand. All
wage agreements shal provide for thne payment of wages at the end
of each work week. All wages shall be exempt from any payments
for pensions, insurance, and other charges and/or deductions byT the
employer not required by- law, which are not requested by the em-
poyee. No employer shall directly or indirectly~ accept or permit to
accepted any rebates on wages nor give anything of value or
extend favors to any person for thne purpose of influencing rates of
wages or the working conditions of employees.
3. Accounting, clerical, or office employees shall not be paid less
than the rate of $15.00 per wPeek.
4. This Article establishes minimum rates of pay, regardless of
whether an employee is compens~ated on a time-rate, piecewFork, or
other basis.
5. Female employees performing substantially the same work as
male: employees shall receive the same rates of pay as male employees.
6. Employers shall not reduce the rates of wages for employees
whose grants are nowp in excess of the minimum rate of wages herein
provided (notwithstanding that the number of hours worked in such
employment mlay be hereby decreased) and where in any such case
an employer has not inclcreased~ the rates of wages for such employees
prior to the effective date of this Code by an equitable readjustment
of all wagef rates such employer shall readjust all such watge rates.
This provision shall be interpreted in the same manner that Para-
glraphl 7 of the President's Reemploymient Agreement has been inter-
preted by the Administrator in Interpretations Nos. 1 and 20. All
adjustltments shall be reported to the Code ALuthority and the ~A~din-
.istrator)l within thirty (30) days after the effective date of the Code.
7. A person whose earning capacity is limited because of age,
physical or mental handicap, or other infirmity, may be employed
on light w-orkl at a wage below the minimum established by this Codle,
if the employer obtains from the state authority-, designated by the





121


United States ]Department of Labor, a certificatelc aurthcr~izing~ such.
person's emlploymnllt at such wages am~ll for sulchl hou~rls a shall be
stated in the cer~tificate. Suchl authourityJ :Ihall be guidetd by te ini-
structions of thef United States Depal-rtmen of uLabo in issumng
certificates to such personls. Each emlploy~er shall file monthly wiith
the Code Authority a list of all such prs~ons emnployedl by him, howr-
ilng the wages paid to, and the maximium hours of work for, suchl
8. Emiploe~es other than maintenancep or supetrvisory men, or
others necessary to~ protect the pr~op~r~ty, shall not be required, as a
condition of employment, to live in quarters rented fromt the
em plover.
9. No employee shall b~e Irequired, as a condition of employmentt,
to trade at the store of the employer.

ARTICLE V-CENERAL LABOR PROVISIONS

1. No person under si~t~een (16i) years of ag hl eepoe
in the Industry, nor anyone under eighteen (18l year epof ae a
operations or occupations hazardous in nature or detrimental to
health. WFithin sixty (60) days of the effective date of this Code
the Code Authorit~y shall submit to the Admlinistrator a list of
such occupations. Inany Stat an employer shall be deemed to
have complied with this provision if he shall have on file a certificate
or permit duly issued by the authority in such Stat empowereled to
issue employment or age certificates or pe~rmitsl showing that the
employee is of the r-equiredl age.
2. In compliance w~ith Section 7 (a) of the Act it is hereby
provided that:
(a) Employees shl~all havPe the right to organize andc bargnin
collectively through :representatives of their owsn choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such repr~esentatives or
in self-organization or in any other concerted alctiv'itiesi for the
purpose of collective bargaining or other mlutu~al raid or protection.
(b) No employee andi no one seeking employment shall be
required as a condition of employment to join any~ company union
or to refrairl from joinling, organizing. or assist~i~li a labor~1 or~gan-
ization of his owfn choosing.
(c) Employers shall comply writh the mlaxi~mum hours of labor,
minimum rates of pay, and other conditions of emiploymient,
approved or prescribed by the President.
3. No provision of this Codle shall suiperse'de any State or Federal
lawfs imposing more strng-ent requirements on, employers regulating
the age of employees, wvages, hours of w~ork, or health, fire, or
general working conditions than under this Codle.
4. No member of the Industry sharll reclassify employees or
duties of occupations performled by employees or engage in any other
subterfuge so as to defeat the purposes of the Act or of this Code.
5. No employees shall be dismissed by reason of. making a co~m-
plaint or giving evidence with resp~ect to a violation of this Code.
6. Each member of the Industry shall post and thereafter maintain





122


full copies of this C~ode in conspicuous places accessible to his
employees.
7. Each1 employer shall make reasonable provision for the health
and safety of his employees at the place and during the hours of
their employment. Standards for safety anld health shall be sub-
mitted by the Code Authorityg to the Administrator within six
months after the effective date of this Code.

ARTICLE VI--ADM INIISTRATION

To effectuate further the policies of the Act a Code Authority is
hereby constituted to cooperate with the Ahdministration in the
administration of this Code.
1. Organization and constitution of Code At~uthority.
(a) The Code Authority shall consist of four (4) individuals or
such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth. The ~Admin-
istrator, in hnis discretion, may appoint from one to three additional
members without vote to represent the administration or such groups
or interests as he may designate. Members appointed by the Admin-
istrator, if more than one Is appointed, shall serve for terms of from
six months to one year provided, however, that the terms of such
member or members shall not expire at the same time. Such m~em-
bers shall be given. notice of and may attend all meetings of the
Code Authority.
(b) Within. ten days after the approval of this Code by the Atld-
ministrator, the members of the Association shall select three of their
own. number to serve as members of the Code Authority-. Each
member of the Association shall be entitled to one vote in person,
by letter, or by proxy. The secretary of the A~ssociation, not later
than ten days after the approval of this Code, shall notify thre mem-
bers of the Industry wrPho are nonmembers of the Association, if any
such there be, that on a specific date not later than twenty days after
such notice shall have been given the Ilmemberss of the Industry who
are nonmembers of the Association will select one of their number
to serve as a member of the Code Authority. Notice of such election
shall specify that such nonmember may be elected by the nonmem-
bers of the Association either toeetarpresent, r y royo by ltter
ballot. Should such method faltelc rpesntieoth
noInembe I r'll~lS of the ALlssociation to the Code Authority, the three
memberscl~ of the Association. of the Code Authority already elected
shall appoint a nonmemb~er to the Code Authority subject to the
Approval of the Administrator. Should a va~canc~y occur in th~e
Code Authority the remaining members shall elect a member of the
Industry from the same group as was represented by the one whose
vacancy is thus filled.
(c) The Association or any other trade or industrial association
directly or indirectly participating in the selection or activities of
the Code Authnority shall: (1) Impose no inequitable restrictions on
membellrlship, and (2) submit to the Administrator true copies of its
articles of association, by-laws, regulations, and anly amendments
when made thereto, together with such other information as to






123


membership, organization, and activities as the Admlinriistrator mnay
deem necessary to effect the purposes of the Act.
(d) In order that thle Codje Auth~ority shall at all times be truly
representative of thle Industryandl in, other respects comtplwth
the provisions of? the Act, h Administrator may provided such
hearmg~s as he may deem proper; and thereafter ifl he shall find thiat
the Code Authority is not truly, representative or does not in other
respects comply with thie provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
(e) All members of the Industry shall be entitled to participate in
and share the benefits of the activities of the Code Authiority anl to
participate i the selection of the members ther~eof. M~emlbers who
so participate in or share the benefits of the activities of the Codle
Authority shall sustain their reasonable share of such expenses.
Assessments for the expenses of the Code Authorityg shall be deter-
mined subject on review- to disapproval by the Admmiiistrator on the
basis of volume of sales and,/or such other factors as may be deemedt
equit able.
2. The Code Authority shall have the following duties and powers
to the extent permitted byb the. A4ct, subject to t~he right of the
Administrator on review disapprove any action taken by the
Code Authority.,
(a) To employ a competent Secret~aryT or other agent who shall
not beemployed by or directly or indirectly affiliated with any
member of the Industry to whom each member of the Indulstry shall
furnish certified reports in the form required by the Code Authority
on wages, hours, conditions of employment, and such other matters
as may be pertinent to the Adm~inistration of this Code.
(b) With the view to informing the President and the Administrat-
tionn as to the observance of this Code, and as to whether the Industry
is taking appropriate stps to effect the declared policy of thle Act,
the Code Authority shall make such reports to the Administrator as
he may direct. No individual reports shall be disclosed to any other
member of the Industry or any other party, except to such gov-ern-
mental agencies as may be designated by the Administr~ator and to
such impartial agencies as may be required to facilitate~ the admin-
istration of this Code.
(c) The Code Authority _may from time to time present to the
Administrator recommendations for modifications of or additions to
this Code based on conditions in the Industry as they may develop,
which will tend to effect the operation of the provisios rof thi Coe.
Such recommendations upon approval by hAd niraoafr
such notice and hearing as he may prescribe shiall constitute a part
of and have the same force and effect, as tthe provisions of this Code.
(d) The Code Authority is also set up to cooperate with the
Administrator in making investigations as to the functioning and
observance of any provisions of this Code, at its own instance or on
request of the Administrator, or on complaint of any person affected,
and to report the same to the Administrator.
(e)l The Code Authority shall make studies and investigations
looking toward the establishment of classifications, dimensional






124


standards, and quality specifications for products of the Industry,
in cooperation with some Federal Government Agency, preferably
the Bureau of Standards of the UT.S. Department ofCommerce~.
Upon approval by the Administrator, after such notice and hearing
as he mlay prescribe such recommendations shall become effective
as integral parts of t is Code.
(f) The Code ,Authority shall coordinate the At~dministration of
this Code with such codes, if any, as may affect this Industry or any
related industry, with a view to promoting joint and harmonlious
action upon matters of common. interest.
(g) The Code Authority shall cooperate with the Admlinistrator
in regulating the use of the N.R.A. Insignia solely by those members
of the Industry who have assented to and are complying with this
Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern the members of the Industry in. their re-
lations with each other or with other Industries, and to recommend
to the Administrator measures for industrial planning, including a
plan for regularization and stabilization. of employment.
3. In addition to information required to be submitted as here-
inbefore set forth, members of the Industry shall furnish such sta-
tistical information as the Administrator may deem. necessary for
the purposes recited in Section 3 (a) of the? Act, to such Federal
and State agencies as the Administration m~ay designate. No pro-
vision. of this Code shall relieve any person of any existing obliga-
tion to furnish reports to G~overnment agencies.
4. If thne Administrator shall determine that any action of a Code
Authority or any agency thereof may be unfair, or unjust, or con-
trary to the public interest, the Administrator mnay require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authorityr or agency pending final action which shall not be effec-
tive unless the Admmnistrator approves, or unless he shall fail to
disapprove, after thirty (30) days' notice to him of intention to
proceed with such action in its original or modified form.
5. Nothing contained in. this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone
for any act of any other member, officer, agent or employee itSof the
Code Authority. Nor shall any member of the Code Atoiy
exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own willful misfeasance or non-feasance.
ARTICLE VII-TRADE PRACTICES
1. T~he Code Authority shall formulate or cause to be formulated
uniform principles of cost accounting or methods of cost finding
which shall be adaptable to the business of the! industry, which shall
include in allowable cost the cost of raw materials at market or
inventory value, whichever shall be the lower; the cost of direct
labor, and a reasonable charge for plant burden and administrative
and distribution expenses. Upon approval by the Administrator






125


of such a system of cost accounlt~in" or mec~r~tho of ('ost finidingl fo thre
Industry complete advice conrcrningi( it Ihall be distribu~itc d by theB
Code Aurthority to all membeIr~s of thec- Indus~try. Therea;fter no
members of the Indulstr shall:1 se1 fll' the prodlts of the Industry at
such prices or upon1 su1ch termsn and condl~ition.l of sale as will resullt
in the purchaser's payXingr forl .uch producll.t le~~ thanll th~e aIllow\ble
cost thereof to the seller, dletermninedl in neccl~~rdance withl thle Ifolre-
said method of cost neeouinting, except to meet1 the COmpet)tii onl of
another membe~ri of the I~ndustry.T
2. The Code A~uthority shllZ manke a study within ninerty (90)
days after the effective date of this Code of the advisibilityv of selling
the product of this Inldustry on an openl price basis. If such hasis
seems desirable it shall formulllate an open price plan whic~h shall be
submitted to members of the IndustryS. If a majority of the mnem-
ber o th Idusrybynumber andc~ by dollar v~olum~e of sales
approves said planl. it hlbeub ttdtteAmiirtoan
uponi approval by him, Ihall constitute a part of and hav\e the bsame
force and effect as, pIr~ovisions of this C'ode.
3. Th~e following~ practice cocnstituite uinfniir miethiods of comnpeti-
tion and are prohibited:
(a) The giv\ing, permitting to be givecn. or directly othr~ingp to
give, anything of valueP for the pulncrpos of influe~ncingr or rewar~dingb
thle action of any emnployee, agent, or r~epresentative of anothecrl in
relation to the business of the elmployer of sulch employee. the prin-
cipal of such agent or the! represented parllty rithoult th~e knowrel~ed
of such employer, principal, or party. This provisionl shall not be
construed to pr~ohibit free and general disitribution of articles comn-
mionly used for advertising, except so far as slc~h articles are actually
used focr commercial bribery as hereini de~fined.
(b) TPhe secret payment or allowa~ncie of rebates, r~efundls, com-
mlissions, or unearnedl discoulnts, whether in the form of money or
othlerwise, or secretly extenlin~g to c.er~tain purchasers special services
or privileges not exte~nded to all purcha~~esrs uindr lcike terms and
conditions.
ARTICLE VIII--EXPURlT TRADE

Pr~ovisiolns of this Coder other thou thle labor provisions thereof
sh~all not applyT to or affect thie .cale by any) memllber' of any' prodcLI t
of the industry for direct shipmel~nt in export trande nor1 tro the te~rri-
tor~ies andI possessio-ns of thle United~ SCtates, nor to sales mladle to ex-
portfers in thie Unitel ,Sftates specifically pailckd, mnarkedc andl desig-
natedl for expo~rt.
AnncEs IIX-Mlo mrFic.ina~v

TIhis Codle andc all thec pr~ovisio ns~ thiereof are expressly made sub-
ject to the right of the President. in accordance with the provisions
of subsection (b) of Section 10 oif the National Industr~ial REecovery
A4ct, fromt timie to time to cancel or modify any order, approval, li-
cense, rule, or regulation issued under Title I of said Ac~t and spe-
cifically, but without limitation, to, thel right of the PEresident to
cancel or modify hris approval of this Codle or any conditions imposed
by him upon his appro\al thereof.






126

AiRrICL] X-MONjOPOITFS

No provisions of this Code shall be so construed or applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discriminate against small enterprises.

ARTICLE XI--EFFECTIVE VATE

This Code shall become effective ten days after its approval by the
President.
Approved Code No. 338.
Registry No. 330-1-01.
O







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