Code of fair competition for the fibre can and tube industry as approved on February 24, 1934

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Material Information

Title:
Code of fair competition for the fibre can and tube industry as approved on February 24, 1934
Portion of title:
Fibre can and tube industry
Physical Description:
p. 285-296 : ; 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:
Fiberwork -- United States   ( lcsh )
Containers   ( lcsh )
Tubes   ( 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. 311-03."
General Note:
"Approved Code No. 305."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952619
oclc - 63654490
System ID:
AA00007001:00001

Full Text



1


I 'I
For sale by the Superlatendent of Documents, WashintLon, D.C. --Price 5 cents


Approved Code No. 305


Registry No. 311--03


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


FIBRE CAN AND TUBE


WE DO OUR PALRT


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


INDUSTRY

AS APPROVED ON FEBRUARY 24, 1934
























This publication is for sale by the Superintendent of Documents, Government
Printing Offce, W'ashington, D.C., and by district ofiees of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Buildling.
De~troit, Mic~h.; 801 First National Bank- Building.
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Jackisonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
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Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Franelsco, Calif.: 310 Custombouse.
Seattle, WTash.: SO9 Federal Office Building.










Approved Code No. 305


CODE. OF FAIR COMPETITION
FOR THEIF

FIRE CAN AN~1D TUBE INDUSTRY

As Approved on February 24, 1934


ORDER

APPROVING CODE OF FIAIR COMPETITION FOR THFE FIBREn CAN AN-D
TUBE INDUJSTRYP
An applicationi hatving been duly made pursuant to and in full
compliance with the provisions of Title I of the Nationlal Industrial
Recovery Act, approved June 16, 1933, for approval of a, Code of
Fair Comppetition for the Fiibre Can and Tube Industry, and hear-
ings having been duly held thereon and the annexedl report on said
Code containing findings with respect thereto, having been made
and directed to the President:
NOW, THEREFORE, on behalf of the President of thle UInitedl
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in mae by Executive Orders of the
President, including Executive Order No. 6543--A, dated Decemb~er
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do fnd that said Code complies i~n all respects
with. the pertinent; provisions and will promote the policy and pur-
poses of said Title of said Acct; and do hereby order that said Code
of Fair Competition be and it is hereby approved; provided, how-
ever, that the provisions of Article VI, Sections 2 to 9 inclusive,
insofar as they prescribe a, waiting period between th~e filing with;
the Code Authorityr (i.e. actual receipt by the Code Authority) and
the effective date of revised price lists or revised terms and condi-
tions of sale be and they are thereby stayed pending my further
order; provided further, that within ninety days I may direct that
there be a further hlearmog on such of the provisions of said Code
as I may designate, and that any order which I may makre after such
hearing shall have the effect of a condition on the approval of said
Code .
HUanZ S. JOHNSON,
Admzini~stratfor for Industrial Recove~cry.
Approval recommended :
GEO. L. BERRY,
Division, Adm in~istfrato r.
WTASHINGTON, D.C.,
February ,R5, 1934


42207*-374-129---34


(285)













REPORT TO THE PRESIDENT


The PRESIDENTK,
The T~iite House.
~SIR: This is a report of t.he hearing on the Code of Fair Competi-
tion for the Fibre Can and TIube Indust.ry, conducted in Washington
on D~ecemiber 2, 1933, in accordance with the provisions of Title I
of the N~ational Indusitr~ial Recovery Act.
HOURS AN;D WAGBES

Th)e Code provides a standard 40 hour w~eek for factory workers.
Miemlbers of t~he Industry may adopt a standard work day for factory
employees of either eight or ten hours; overtime to be paid for all
hours wrorkedl in excess of forty hours per week. The usual excep-
tionsi are made in regard to non-prod~uctive employees. Offce em-
ployees are limited to an average of 40 hours per week over an eight
week p~eriod.
TIhe miinimnumi age rate in the Nrorth for hourly paid employees
is 3210 per hour. In the South the minimum wage rate for hourly
paidl employees is 30gS per hour. Office employees will receive a
miiinimum wage of $15.00 per week in t~he North and $14.00 per week
in3 thle South.
OPEN PRICE PLAN

An open price plan of selling is provided and selling below cost,
except to meet competition! is prohibited.
OTHER PRU\'ISIONS

Provision is made for furnishing the Admlinistrator with such
statistical data as he may require.
ECONOMIC EFFECT OF THIE CODE

The Indlustr~y employed in 1929 approximately 3,200 persons and
2.90011 persons in 19.33. The effect of the Code will be to employ be-
tween 550I and 600 additional workers.
The increase in the total payrolls of the Industry as a result of
the Code will be about. 15%0.
FNhDINGS

The Depuity Administrator in his final report to me on said Code
having foundir asr hriein set fourth, and on the basis of all the proceed-
ings in this matter
I find that:
(a) Said `rcde is well d~esignedl to promote the policies and pur-
poses of Title I of the~ National Inldustrial Rec~overy Act, including






28S7


removal of obstructionls to th~e free flowr of interstate anld for~eign~
commerce which tendl to diminish the amount thereof and w~ill pro-
vide for th~e general w-elfarle by promoting the organization of indus-
t~ry for the purpose of cooperative action amlona the tradle groups, by
inducing andi maintainiing united aelion of lular and managemrient
under adequate gov-ernmental fanction anld supervision, by eliminut-
ing ulnfair comlpetitive practices, b~vy pomlotinfi the fullest possible
utilization of thle p1esenrt p~roductive capacity of indusytries, by avoid-
ing ulndue restrictions of prodneltionl (ex~ep~t as may be temporarily
requiredd, by increasing the consumption of industr~ial and~ agricull-
tural pr~odu~cts through increasingt purc~hasinlg power, by r~edu~c~inc
anl :relievingr unemployment, by improving standards of labor, ani
by otherwise rehabilitating industry.
(b) Said ]Industry .normallly employs not mor~e than .30,000ll em-
ployees and is not classified by me as a major industry.
(c) The Codle as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including wTith~out limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant Association
is an industrial Association truly representative of-~ the aforesaid In-
dustry; andl 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 Co~de is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminated against them.
(f) Those engaged in other steps. of thie economic process have not
been deprived of the right to be heard prior to approval of said Code.
For these reasons this Code has been approved.
Respectfully,
HUsa S. JOHNSON,
A d'mliniS'tra~tor.
F~iEBRUARY 24, 1934.













CODE OF FAIR COMPETITION FOR THE FIBRE CAN
AND TUBE INDUSTRY

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following is hereby established as a Code of Fair
Competition for the above named Industry and shall be binding on
everyv member thereof.
ARTICLE I--DEFINITIONS
The following words ar~e usedl in this Code with the meaning
herein set. forth:
Industry "--The business of manufacturing cans of various
shapes fromt paper, fibre and/or similar materials; cans consisting of
a combination of metal, fibr~e, paper and/or similar materials and
tubes, cores, spools and reels for a multiplicity of purposes made of
these same materials, whether such cans, tubes, cores, spools and reels
are for use and consumption by maker, or are for sale, or are used in
connection with and incidental to the major and prime business of
maker.
Member "-Al natural person, partnership, corporation, associa-
tion, trust., trustee, trustee in bankruptcy, receiver, or other form of
enterprise, en~ogaged in such Industry.
"' Act "--Title I of the National Industrial Recovery Act.
"' Administrator "-Thie Admiinistrator for Industrial Recovery
under Title I in the Act.

ARTICLE II--ORGANIZATION AN.D ADMINISTRATION
SECTION 1. There shall forthwith be constituted at Code Authority
of the Fibre Can and Tube Industry which shall comprise six (6)
members of the Industry. Five (5) of such members shall be elected
by the Board of Directors of the National Fjibre Can and Tube Asso-
ciation. The five (5) members so elected shall elect a sixth mem-
ber from among thle members of the Industry. At least two of the
six members so elected ta the Code Authority shall be engaged in
the manufacture of t.ubes and cones for winding textile yarns. In
addition to the sis (6) members so elected the Administrator may
designate from one to three persons to serve on the Code Authority
without vote andl without compensation from the Industryv.
SECTION 2. The Association shall impose no inequitable rest~ric-
tions on membership and shall file with the Administrator certified
copies of any amendments of its By-Laws relating to eligibility or
admission to membership in the Association, or relating to the
method of selection of the members of the Board of Directors which
the Association may hereafter adopt.
SECTIO~ ;3. In order that the Code Authority shall at all times
he truly representative of the Industry, the Administrator may
(288)






289


prescribe such hearings as he mlae deem~ proper, and thiereafter if
he shall find thle Code Authority Is not truly represenltativeo of the
Industry, he nmay requiire an appropriate modification of the method
of selection of the Code Auithority.
SECTION -1. Thme Code Author~ity is chlargedl generally with the! du~ty
of adlministe~ing this Code. Itshall have power to investigatetei
alleged violations of thlis Code and act or courlses of conduct by anly
member which are or appear to be contrary to the policy of th~e ASct,
or which tenld or mnay tend to render ineffective this Code. If the
Adlmi nist ra tor shall determine that any action of the Code A-utho.r~it.y,
or any agency thereof, may- be unfair or unljust or contrary to thle
public interest, the A~dminis~tr~aor may require that such action be
suspended to afford an opportunity for investigation of the merits
of such action and further consideration by the Code A~uthtority or
agency pendcingr final action which. shall nmot be effective unless thel
Administrator approves or unless he shall fail to disapprove after
thirty (30) days~ notice to him of intention to proceed with .such
act lon in its original or modifiied form.
SECTIOn N 5. T~he? epernse of admlinisteringr this Codle shall be borne
pro rata, in accordance writhl a formula to be adoptedl byr the Code
Authority, byT all membllers of t~he Industry who accept the benefit of
the services of the Code Authority or otherwise assent to this Code.
SEC'TION 6. The Code Aut~hority is hereby constitulted the agrenc~y
to endeavor to effect, by arbitral p roceedings or otherwise, ad~just-
ments of contracts entered into by members of the In dust ry, where
the costs of executing such contracts are increased through the ap~pli-
cation of the provisions of the Act or of this Code.
SECTION ?. NOthinga contained in this Code shall constitute the
members of the Code Authority partners for any purpose, nor shall
anyr member of the Code Authority be liable in any way to any one
for any act of anly other member, officer or agent or employee of the
Code Authority; nor shall any mlemlber of the Code Aut~hority be
liable to anyone for any action or omission to act under the Code,
except for his ownm wilful misfeasance or non-feasance.
AnTer.E III-HounS or LJnon

SECTION 1. Employees in the Industry shall not be required or
permlitted to work hours in excess of the limits prescribed in the
following schedule except as hereinafter provided:
SCHEDULE O1F WORKING HOU17RS

(a) WVatchmnen: F~ifty-six (56) hours in anly one weekr.
(b) Chauffeurs, truckdrivers and their helpers: Nine (9) hours
in any one day, or fort~y-five (45) hours in any onec wFeek.
(c) Engaineers, firemen, electricians, filter plant employees, electric
and hydro-electric operators: N~ine (9) hours inl any one dlay, or
forty-tw~o (42) hours in any one week.
(d) All other laborers, muechanical w-orker~s or artisanls employed
in any plant, mill or factor';y or on work connected with the opera-
tion of such plant, mill or factoryc: -Eight (8) hours in any one day
and forty (40) hours in any5 one w~eek. Anyr member may elect to
adopt a standard wFork of t.en (10) hours by filing notice of such






290


election with the Code Authority on or before thirty (30) days after
the effective date of this Code, and miay not thereafter revert to a
standard eight (8) hour dlay for a period of at least one year from
such dlate. Hnen any miember has elected to adopt the ten (10)
hour day, all time worked by such of his employees, as are included
within the meaning of this paragr~aph: in excess of forty (40) hours
in any one week, or on the fifth or follo-in~g day in any enlendar
week shall be paid for as overtime in accordance with t~he provisions
of Sectioni 2 of this Ar~ticle.
(e) Emiploy-ees engaged in a managerial or executive capacitY,
foremnen and supervisors, receiving $35.00 or more per week, their
personal secretaries, and outside salesmen: No limitation.
(f ) All others employees: Fort~y-eight (48) hours in any one week
but not to exceed~ three hundred twenty (320) hours in any period of
eight (8) consecutive weeks.
SECTION 2. The limitations provided in the above schedule may be
exceedled for any reason at any time provided that all time worked
in excess of thle mlaximlums shall be paid for at the rate of time and
one-third for all hours abov\e the mnaximum s up to and including
fortyv-eight (48) hours per week, and at the rate o~f time and one-hal'f
for all hours above forty-eight (48) hours per week.
SECTI~ON 3. No employer shall knowingly permit any employee to
work for any time, which, when totalled with that already per-
formedd with another employer or employers in this Industry, exceeds
the miaximium number of hours permitted in the schedule set forth in
this Article.
ARTICLE IV-W~AGES

iECTION 1. The minimum rate of wage of any employee, other than
office or' clerical employees, employed in any plant, mill or factory,
or on work connected with or incidental to the operation of such
plant, mlill or factory shall be as follows:
(a) In the Northern zone, which shall consist of all of the territory
of the United States except the States named in subdivision (b)
hereof : 324.iC per hour.
(b) In the Southern zone, which shall consist of the States of
Virginia, Tennessee, North Carolina, South Carolina, Georgia,
Florida, Alabama, Miississippi, Louisiana, Arkansas and Texas: 30d
per hour.
SECTION 2. The minimum rate of wage of any office or clerical
employee shall be as follows:
(a) In the: Northern zone, as defined in Section 1 hereof, $15.00
p'er weekr.
(b) In the Southern zone, as defined in the said Section, $14.00
per week.
(c) Part-time employees covered by the provisions of this Section
shall be paid at the rate of not less than 37%4~ per hour in the
Northern zone, and 354 per hour in the Southern zone.
SECTION 3. This Article establishes a minimum rate of pay which
shall apply irrespective of whether an employee is actually compen-
satedl on time-rate, piece-work or other basis.
SECTION 4. Female employees, performing substantially the same
work as male employees, shall receive the same rate of pay as male






291


employees. The Code Aulthority shall w~ithinl ninety (90) days after
the effective date of this Code Eile w\ith~ t.he A~dminist~rator a. descrip-
tion of all occupations in the IndustryS in which bothl men anld
women are employed.
SECTION 5. The wage rates o~f all employees receiving mlor~e than
the minimum rates herein pr~e-cr~ibed shl~nl be reviewed andl such
adjustments, if any, made thlerein as are equitable in~ the light of all
the circumstances, and within sixrty (60) da~y after the effective
date hereof, t~he Code Aulthority shall report to thne Admlinistrator
the action taken by all members of the Industry under this Section.
SECTION 6. A person whose learning capacity is limited because of
age or physical or mental handicap may be employed on light work
at a wage of not less than 801Sle of the minimluml prescribed byT ths
Code, provided the St~ate Authority; or other agency designated by
the. United States Department of Labor shall have issued a certifi-
cat~e authorizing his employment, on such basis. Each~ member shall
file with the Code Authlority. a list of all such persons employed by
him. The provision of this Section r~equirijng a certificate of author-
ity shall not become effective until sixty any! after the effective date
of this Code.
ARTICLE TC---GENERAL LABOR PRO\.ISIONS

SECTION 1. No person underl sixteen (16) yenrs of age shall be
employed in the Indlustr~y. No person undler eighteen (18) years of
age shall be emlployedd at opierat ions or occupations which are hazard-
ous in nature or dangerous to health. The Code A~uthnority shall
submit to the Admninistr~ator within sity (60) days after the effective
date of this Code a list of such operations or occupations. In any
State an emnployer shall be deemend to have comlplied~ with this provi-
sion as to aie if he shall hiave on file a certificates or permit duly
signed byv the author~lity in su~ch State emlpoweredl to issue emnploy-
ment or age cer~tificat~es or permits, showingr that thle emplloyee is of
t~he required age.
SECTION 2. Employees shall have the right to organize anld bar-
ga in collec~tively through h representatives of their owrn c~hoosing and
shall be free from~ the interference, restraint., or coercion of emlploy-
ers of labor, or their agents, in the designation of such represent~a-
tives or in self-organiization or in other concerted activities for the
purpose of collective bargaining or other mutual aid or protection.
No em~ploy.ee and no onle seeking employment shall be r~equired as a
condition of employment to join any company union or to refrain
from joining, organizing, or assistingr a labor organization of his own
choosing. Emnploylers shanll comply with the miaximumn hours of la-
bor, minimum rates of pay andt other conditions of employment, ap-
proved or prescribed by the President.
SECTION 3. N1o provision in this Code shall supersetle any State or
Federal Inw which imposes on employers more stringen~t require-
ments as to age of employ~ees, wages, hours of work, or as to safety,
health, sanitary or general working conditions or insurance or fire
protection than are imposed by this Code.
SECTION 4. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge for the






292


pulrpose of de~feti~ng* the purposes or provisions of the Act or of this
Code.
SECTION 5. All employers shall post copies of Articles III, IV and
V of this Code in conspicuous places accessible to employees.
SECTION 6. Every employer shall make reasonable provisions for
the safety and health of his employees at the pace and during the
hours of their employment. Standards for safety and health shall
be submitted by the Code Authority to the Administrator within six
(6) months after the effective date of this Code.
SECTION 7. The Code Authority shall make a study of conditions
in the Industry to determiine the feasibility of the adoption of a
shorter working week and shall, within three (3) months after
the effective dlate of this Code, make a report of its findings to the
Administrator. The Code Authiority shall also submit to the Ad-
ministrator, within six (6) months after the effective late of this
Code, a plan for the stabilization and regularization of employmienit.
SECTION 8. The manufacture or partial manufacture of any product
of the Industry in homes shall be prohibited.
ARTICLE YT~--CCOU NTISo-SELING S

SECTION 1. The Code Aulthority shall cause to be formulated an
accounting system and methodsl of rrcst findings and/or estimating
capable of use by all members of the Industry. After such systern
and methods have been formulated, full details concerning them
shall be made available to all members. Thereafter all members
shall determine anld/'or estimate costs in accordance with the princi-
ples of such methods.
SECTION 2. The Code Authority may fromt time to timle determine
thiat an open price plan of selling such product or products of the
Industry as it shall specify shall be put into effect on such date as it
shall fix. Notice of such determination shall be announced to all
known members of the Industry who manufacture such products
not less than thirty (30) days prior to the date so fixed.
SECTION 3. At least ten days prior to such date, every such
member shall file with the Code Author~ity a schedule of prices and
terms of sale for all such products or, in the alternative, shall be
deemed to have filed a schedule conforming in respect to price and
terms of sale wvith the schedule at any time on file which states the
lowest prices and the most favorable terms.
SECTION 4. All such schedules shall be in such forms as the Code
Authority shall prescribe and shall contain all information neces-
sary to permit any interested person to determine the exact net
price per unit after all discounts or other deductions have been
made, whether pertaining to a single order, a commitment for
future delivery, or a contract. All such original schedules shall
become effective on the date fixed by the Code Authority as provided
in Section 2 hereof.
SECTION 5. A revised schedule or schedules, or a new schedule or
schedules or a notice of withdrawal of a schedule previously filed,
mlay be filed by a member with the Code Authority at any time,
provided, however, that any member who withdraws a schedule with-
out substituting a new schedule therefore shall be deemed to have






293


filed a schedule conforming in respect to price and terms of sale
with the schedule at any ime thereafter on file whlich states the
lowest price and the most favorabile terms. AnyS schedule or notice
filed hereunder shall become effective five days a~fter the da~te of
filing provided, however, that an increased price mnay become
effective at. such earlier date as thelt member filing the some shall fix.
SECTION 6. The Code Author~ity shiall promptly supply all miem-
bers of the Industry who manufacture anly particular product, with.
copies of all schedules, revised schedules, and notices of withdrawals,
which pertain to such product.. TImmediately upon receipt of infor-
mation relative to the withdrawal of a price for any product, anly
member may file notice of withdrawal of his own price for the sam~e
product. effective as of the same date as the notice of withdrawal
of suich other member. Immediately on receipt of informationn that a
schedule then on file has been revised, or that, a new schedule hans
been filed, any member may file a revised schedule conforming as
to price and terms to the schedule of such other member, and
effective on t~he same date, or he may nlotify the Code Authority that
he adopts as his own the schedule of such other memlber. In the
latter event, he shall be deemed to have filed a revised schedule con-
forming to the revised schedule of such other member.
SECTION 7. No such schedule- of prices and terms of sale filed by
any member, or in effect, at any time, shall be such as to permit, the
sale of any product at less than the cost thereof to such mnemberl
determined in the manner provided in Section 11 hiereof, provided,
however. that, any member mayv by notice. to the Code Auithority
adopt, as his ow~n a lower price "filed by another dlesigrnated member.
Such adoption sha~ll become automatically void upon the withdrawal
or revision upward of the price adopted.
SECTION 8. No member who shall ]have filed a pr'ice, or adop~ted as
his own a price filed by another member for any product of the
Industry shall sell such product for less than such price or upon
terms or conditions mnor~e fav\orable. than stated in such~ price sched-
ule. No member, who shall have failed to file a price for any prod-
uct for which the open price plan is in effect, shall sell such product
at a lower price or on t~ermns more favorable than the lowest price
and most favorable terms stated in any price sr~chedule for suchl
product then on file.
SECTION 9. The Ciode Authority shall fulrnish at cost to any non-
member reques~ting them, copies of any price schedules wRhich have
been filed with it. Such price sche~dules shall be mlade available
to non-mnembers at the samne time that they are sent to members?~
SECTION 10. No member shall cell any produi~ct of the Inldulstry~ for
w-hich~ no openi price plan is in effect at, less than the cost. thereof to
suchi member, determined as provided in Section 11 hereof, except
to meet the price of a competitor whosce price does not violate suchl
Sect ion.
SECTION 11. Cost, for the purpoeS of this Airticle, shllT be deter-
mined pursuant to the method of cost determination prescribed, as
provided in Section 1 hereof, as sooln as such method is adopted and
approved, and theretofore pursuant to th~e method employed by
such mlembler subject to suchi preliminary rules: as th~e Code Authority
'See paragraph 2 of order approving this Code.






294


shall froml time to time prescribe with the approval of the Admlinis-
trator. In computing cost either by the prescribedl method herein
provided for, or prior to thle time whlen such method is put into
operation, every member shall use the market price of prime mnate-
r~ials as furnished by the leading mills making these materials. If a
member manufactures any of the raw or semi-finished materials used
in making the products of this Industry, he shall use the market
price as described in this Section in computing th~e cost of materials
and not his manufacturing cost.
SECTION 12. For the purpose of determining whether Sections 7
and 10 hereof have been complied with, every member shall upon
the request of the Code Authority furnish a designated agency of
the Code Aulthority in respect to closed transactions only, with
complete information in regard to any quotation, order, contract,
or sale of any product of the Industry, including information as to
specificationls, quantities, prices, conditions of storage, transportation
or delivery, terms of billing, cash or trade discounts allowed and
other pertinent facts r~elat~ing to such quotation, contract or sale.
SECTION 13. Nothingr herein contained shall be construed to pre-
vent the disposition of distress merchandise required to be sold to
liquidate a defunct or insolvent business or of discontinued lines,
damaged goods or seconds, in such manner, at such price and on
such terms and conditions as the Code Authority may approve.
SECTION 14. Except in fulfillment of bona fide contracts existing
on the effective date of this Code, no member shall sell or offer for
sale any product of the: Industry at a price less than a price arrived
at in accordance with the provisions set forth in this Article.
ARTICLE VI[I--REPORTS AND STATISTICS
SECTION 1. Each member shall prepare and file with an impar-
tial agent or agents, designated by the Clode Authority at such times
and in such manner as it may prescribe, such statistics, data andl
information relating to plant capacity, volume of production, vol-
ume of sales in units and dollars, orders received, unfilled orders,
stock on hand, inventory both raw and finished, number of employ-
ees, wage rates, employee earnings, hours of workr and other matters,
as the C`ode Aut~hority or the Administrator may from time to time
require. Any or all information so furnished by any member shall
be subject to checking for the purpose of verification by an exami-
nation of the books, accounts and records of such member by any
disinterested accountant or accountants or other qualified person or
persons designated by the Code Authority.
SECTION 2. Except as otherwise provided in the Act, or in this
Code, all statistics, data a~nd information filed or required in ac-
cordance with the provisions of this Code shall be confidential and
the statistics, data and information~ of one member shall not be re-
vealed to another member. No such data or information shall be
published except in combination with other similar data and in
such manner as to avoid the disclosure of confidential information.
The Code Authority shall arrange in such manner as it may deter-
mline for the current publication of Inldustry statistics to members.
SECTION 3. The Code Authority shall make such reports to the
Administrator as he may from tim~e to time reauire.






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SEC'LON 4. In addition to information required to be submitted tot
the Code Authority there shall be furnished to Government Agees
such statistical information as the Administrator may deem neces.
sary for the purposes recited in Section 3 (a) of thle Act. Nothing
contained in this Code shall relievre any member of anry existing
obligations to furnish reports to an Governmnent Agency.
ARrxcuE VII~IT-`1fONOPOLIE S

SECTION 1. No provision of this Code shall be applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress or
discriminate against small enterprises.
ARTICLE IX--R ECOMMrnrEN'DATIONS

SECTON 1. The Code Authority may, from time to time, present to
the Administrator recommendations based on conditions ini the In1-
d~ustry which will tend to effectuate the operation of this Code and
the policy of the Act, and in particular along the following lines:
(a) For the establishment of additional rules of F'air Trade Prac-
tices for the Industry and for the modification of its Trade Customns,
and the enforcement thereof.
(b) For the establishment of plans to equalize prodluctio~n with
demand, so that. the interests of the Industry and th-e public mlay be
properly served.
(c) For dealing with any other inequality that mayT arise to en-
danger the stability of t~he.Industry~ and of production and
employment.
(dt) For an increase or decrease inz thie number of Ind-ustry muem-
bers of the Clode Authority andl/or for a change in the method of
choosing such members.
,SECIOrr N 2. For t~he pulrpoe of ass~istingr the Code ALuthor~ities of
the Paper Mlanufacturinga and.*'or Conve~rting Industries in the ad-
justment of all labor disputes and labor comlphnints arising within
such Industr~ies, thie Code Authority shall consider the advisability
of creating a Joint Industrial Relations Board for such Industr~ies
and shall report its recommendations to thle Ad-ministrator..
SECTION 3. Recommendations made purSUantf to SeCitionis 1 and
2 hereof, when approved by thle Adlministztoratr shall ha~ve the same
force and effect as other provisions of this Code.
ARTICLE XC-GCENERAL TRADLE 'fRACTIC'ES

SECTION 1. The following are hereby conrstitutedl Trade Piracties
for the Indust~ry and failure to comply writh the provisions thereof
shall be a violation of this Clode:
(a) M~embers of thle Industry shall not practices~ deception in r~e-
gard to that which is sold or its selling price by false or m~iS1P'(ledng
description, statement, records or undliscl-osedl consierartion.
(b) Memberrs shiall refrain froml dumplling. deferred delivery, ex-
tension of stated credit and secret rebates.
(c) Members shall not wilfully injure by falsely' defamning a, com-
petit~or's goods, credit or ability to perform his contract.






296


(d) M~ember~s shall not w-ilfully induce or attempt to induce the
breach of a competitor's contract.
(e) Noo member shall give, permit to be given, or directly offer to
give, anythlingr of value for the purpose of influencing or rewarding
thle action of anyr employee, agent or representative of another in re-
Intion to the business of the employer of such employee, the principal
of such agent or thle represented party, without the knowledge of such
employer, principal or party. The foregoing provisions shall not be
construedl to prohibit free and general distribution of articles com-
monly used for advertising except so far as such articles are actually
used f~or commercial bribery as herein defined.
(f ) No member of the Indrustry shall ship goods on consignment,
except under circumstances to be defined by the Code Authority
where peculiar circumstances of the Industry require the practice.
(g) To make payment or refunds at any time, directly or indi-
rectly, or to allow privileges not extended to all purchasers under like
terms and conditions excepting, however, such differentials or differ-
ences between purchasers as are permitted by the terms of Section 2
of the Clayton Act, shall be considered Unfair Trade Practices.
(h) No member of the Industry shall withhold from or insert in
his billing, statements resulting in the invoice being a false record,
wholly or In part of thle transaction represented on the face thereof.
ARTICLE XI--GENERAL PROVISIONS

SECTION 1. If any Dianber is also a member of another industry,
the provisions of this Code shall apply to and affect only that part
of his business which is included in this Industry.
SECTION 2. Any work or process incidental to and carried on by
a member at his plant as a part of the manufacture of any product
of the Industry, shall be regarded as a part of this Industry.
SECTION 3. Such of the provisions of this Code as are not required
to be included therein by the Act, may, with the approval of the
Administrator, be mlodifi~ed and eliminated as changes in circumn-
stances or experience may indicate.
SECTION 4. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of the Act, from time to time to cancel
or modify any order, approval, license, rule or regulation issued
under Title I of said Act, and specifically, but without limitation, to
the right of the President to cancel or modify: his approval of this
Code or any conditions imposed by him upon his approval thereof.
SECTION 5. This Code shall become effective on the second Monday
after the date upon which it shall be approved by the President of
the United States.
Approved Code No. 305.
Registry No. 311-43.







UNIVERsITY OF FLORIDA
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