NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CYLINDRICAL LIQUID TIGHT
PAPER CONTAINER INDUSTRY
For sale by the Superintendentl of Doculments, Washington, D.C. - Price 3 cents
Approved Code No. 252
Registry No. 408--10
AS APPROVED ON FEBRUARY I, 1934
WE DO OUR PARt
~F~!~~ ~~; 7T.
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, W~ashington, D.C., and by district offices 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, Ma~ss.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Clevelalnd, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chlamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commerce Building.
Kansas City, MUo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville. Ky,: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
M~inneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A. Customhouse.
New York, N.Y.: 734 Custombouse. .
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. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, WVash.: 809 F'ederall Office Building.
Approved Code No. 252
COD)E O;F FAIR COMPETITION
CYLINDRICAL LIQUPID TIGHT PAPER CONTAINER
As Approved on February 1, 1934
APRrovINo CODE OF FAIR COMPETITION FOR THE CYLINDRICAL LloomE
TIGHT PAPER CONTAINER INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recoveryr Act, approved J-une 16, 1933, for approval of a Code of FEair
Compectition for the Cylindrical Liquid Tlight ]Paper Colntainer
Indlustryr, and hearings having been duly held thereonl and the an-
nexed report on said Code, containing findings with respect thereto,
having been mlade and directed to the 1President:
NOWS, TH3EIREFORE), on behalf of the President of the United
States, I, H-3ugh. 8. Johnlson, Aldminristrator for Industrial Recovery,
pursuant to authority vested in me by Execut~ive Orders of th~e
President, including Executive OrderI No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all recspects
with the pertinent provisions and will promote the policy andc pur-
poses of said Title of said Act; and do hereby order that said Code of
Fiair Competition be and it is herebty approved; provided, however,
that the pr~ovisions of Alrticle VI[, S~ections 2 to 9, inclusive, insofar
as they prescribe a wa iting period between the filing with the Codfe
Authority ( i. e., actual receipt byT the Code Authority) and the e~ffec-
tive date of revised price lists or revised term~s and conditions of sale
be and they are hereby stayed pending my further order1; provided
further, that within ninety days I may direct that there be a further
hearing on such of the provisions of said Code as I may designate,
and that any order wcphic~h I may make after suc~h hea ring shall have
the effect of a condition on. the approv-al of said Code.
HUart[ S. JoHNson,
A dm17ini stratIfor for Inzdustrial Recovery.
Approval recommrended :
LEo L(. BERRY,
~Divijsionr Adm in ~istrantor.
.Ferrualry 1, 1934.
REPORT TO THE PRESIDENT
The White Hourse.
Sm1: TIns is a eport, of the hearing on the Code of Fair Competi-
tion for the Cylindrical Liquid Tigh~t Paper Container Industry,
conducted' inl Washlington on November 27, 1933, in accordance with
the Pr~ovisionls of Title I of the Nuational Industrial Recovery Act.
HOURS AND WAcE.S
This C'ode provides a 410-hour week for factory workers with a
weekly tolerance of eight hours to be paid for as overtime. The usual
exceptions are made in regard to nonproductive employees. Offce
em~ployees ar~e limited to an average of 40 hours per week over an
The riinimum wage rate in the North for hourly paid employees is
40#t per hour for males and 35e per hour for females. In the South
the minimum wage rate for hourly paid employees is 35e per hour
for males and 304 per hour for females. Office employees will' receive
a minimum wage of $16.00 per week in the North and $;14.00 per
week inl the South.
OPEN PRICE PIAN
An open price plan of selling is provided, and selling below cost,
except to meet competition, is prohibited.
Provision is made for furnishing the Administrator with such
statistical data as he may require.
ECrONOMIC .EFFECT OF THE CODE
T~he Industry employed in 1929 about 700 persons and in 1933
approximately 800 persons. The number of plants in the Industry
increased from 7 in 1928 to 11 in 1933. The October 1933 figure
represent the dull season. The Industr has shnearp seaonal peaks
an th~e Spr~ing and Summer months whicargeelyfoowdb
abrupt declines. The products are in direct competition with other
forms of packaging at all times. Therefore, in order to maintain
employment and share available work during dull seasons the In-
dustry must have sufficient flexibility of hours to permit its obtaining
its share of business during peak seasons.
I~n, March 1933 about 75% of the male laborers and about 90%
of the female laborers received less than the proposed minimum wage
rates. The total increase in payrolls as a result of the Code will be
The Deputy Administrator in his final report to me on said Code
having found as herein set, forth and on the basis of all the proceedl-
ings in this mantter;
I find that:
(a) Said Code is w1ell designed to promote! the policies and pur-
poses of T~itle I of the National Indlustrial Recove~ry Act, including
removal of obstructions to the free flow of interstate andl foreign
commerce which tend to diminish thre amount thereof andl will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of coope~a t ive action a7monlg the tradle grrloupls,
by inducing and manilntiningr united aIction of labor and manage-
ment under adequate governmental sanctions and supervision, by
elimlinating unfair competitive practices, by promnot~ing the! fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be temn-
p)orarilIy required), by increasing the consumption of industrial and
agricultural products through increasing purchasing powFer, by re-
ducing and relieving unemployment, by imnproving standards of
labor, and by otherwise rehabilitating industryr.
(b) Said Industry normally emlploy~s not more than 50,000 em-
p~loyees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with th~e per-
tinent provisions of said Title of said Act, including with~out. limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 the~reof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said A~ssociation imposes no inequitable re-
st~rictions on admission to membership therein.
(d) The Code is not designed to and will not~ petrm~it mlonop~olies
or monopolistic practices.
(e) The Code is not designed to and wsPill nlot elimuinate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heardl prior to approval of said Code.
]For these reasons this Code has been approved'.
HuncI S. Jo~NSON,
FEBRUARY 1, 1984.
CODE OF ~ALIR COMPETITION FOR THE CYLINDRICAL
LIQUID TIGHT PAPER CONTAINER INDUSTRY
TCo effectuate the policies of Title I of the National Industrial
Re~overy Act, the following is hereby established as a Code of Fair
Competition for the above-named Industry and shall be binding
on every mlember thereof.
The follow-ing words are used in this Code with thle meaning
herein set forth:
"' Inldustry "-Thie manufacture of Cylindrical Liquid Tight Con-
tainers madre completely of paper or with paper bodies and metal
tops or bottoms, or both, up to and including liquidi capacity of one
Member ""--A natural person, partnership, corporation, associa-
tion, trust, trutee, trustee ini bankruptcy, or receiver, engaged in
"'Act "--Title I: of the National Industrial Recovery Act.
"'Administrator "~-The Administrator for Industrial Recovery
unider Title I in the Act.
ARTICLE II--ORGANIZATION AND A.DMINISTRATION
1., The members of the Executiv'e Committee of the National As-
socia~tion of Liquid Tight 1Paeper Container Manufacturers, together
with such person or persons as may be designated by Pthe,~a~e Adminis-ry
trator, are hereby constituted the Code Authority of h nuty
The members of the Code Authority designated by the Administra-
tor shall act in an advisory capacly, shall have no vote, and shall
serve w~ithoult expense to the Industry.
2. The said Association shall impose no inequitable restrictions
on miembershiip and shall file wFithi the Administrator certified copies
of any amendments of its Bly-Laws relating to eligibility or admis-
sion.t~o membership in said Association, or relating to the method
of selection of the members of such Executive Ciommittee which
said Association may hereafter adopt.
3. The Administrator may at any time prescribe a different method
for selecting the Industry members of the Code Authority, and
thereafter such members shall be chosen in the manner so pre-
4. The Code Authority is charged generally with the duty of ad-
mlinistering this Code. If the ~Administrator shall determine that
any action of the Code Authorityr or any agncy thereof myb
unfair or unjust or contrary to the public interest, the Adminis-
trator mnay require that such action be suspended to afford an oppor-
tunity for investigation of the merits of such action and further
consideration by the Code Authority or agency pending final action
which shall not be effective unless the Admninistrator approves or
unless he shall fail to disapprove~ after thirty days' notice to hnim of
intention to proceed with such action in its or~iginal or modified form.
5. The expenses of administering this Code shall be borne pro
rata, in accordance with a formula to be adop~tedl by the Code Au-
thority, by all members of the Industry who accept the benefit of
the services of the Code Authority~ or otherwPise assent to this Code.
6. The Code Authority shall have power to investigate allege
vpioltoso hsCd n at rcusso odc by any meme
which are or appear to be contrary to the policy of the Act or which
tend or may tend to render ineffective this Code and to report the
same with recom~menrdations to thbe ALdm~inistrator.
7. The Code Authority is hereby constituted the agency to en-
deav~or to effect, by arbitral proceedings or otherwise, adjustments
of contracts entered into by members of the Industry, where the
costs of executing such contracts are increased through~ the applica-
tion of the provisions of the Act or of this Code.
AnTrar;E III--HOsRS Or LABOR
1. Employees in the Industry shall not be required or permitted
to work hours in excess of the limits prescribed in the following
SCHEDULE OF W'ORKING HOURS
(a) W;atchmen: FIiifty-six (56) hours in any one w-eek, but not
more than six (6) days in ancy sev~en. (7) day period; or fifty-six (56)
hours in any onle week, but not to exceed eight (8) hours in any one
(b) Chauffeurs, truck. drivers, and their helpers: One hunirdred
eighty- (180) hours in any period of four (4) consecult~ive weeks, pro-
vided, however, that time worked in. excess of nine (9) hours in any
one day or fortyS-five (45) hours in any one week shall be paid for
as not less than t~ime and one third.
(c) Engineers, firemen, electricians, filter plant employees, elec-
tric andl hydroelectric operators: One hundred sixty-eight (168)
hours mn any period of four (4) consecutive wFeeks, provided, howr-
ever, that trme worked in excess of nine (9) hours in any one day
or forty-five (45) -hours in any one week; shall be paid for as not
less thiani time andJ one third.
(di) All other laborers, mnec~hanical workers, or artisans emnployed
in any plant., mlill, or factory, or on work connectedl with the! opera-
tion of such plant, mill,or factory: E~igoht (8) hours in any one day
and forty (40) hours in any one week, provided, however, that
these maximum limits may be exceeded for any reason at any time
provided that all time worked in excess of the maximumlns pre-
scribed shall be paid for as not less than time and 'one third, and
provided further, that no employee shall be required or permitted to
work in excess of ten (10) hours inl any one day or forty-eight (48)
hours ini any one wleek.
(e) EmlployTees r~egularly engaagedl in a managerial or executive
capacity~ and their personal secrectaries, foremnen, and supervisors
receiving thir~ty-five dollars ($35.00) or mo~re per week, outside sales-
mlen and outsit'le servicemen: No limitation.
(f) .All mother emiployees: Forty-eighlt (48) hours in any one weekr
and niot to exceed three hundred twenty (320) hours mn any period
of eight (8) consecutive weeks.
8. N'o limitation contained in saidl schedule shall apply to em-
play)ees of any class when engaged in emergency repairs or emergency
mai~ntenalncc work occasioned by break-dowrns or involving protection
of life or pr1optr~ty, provided, however, t.h~at all time worked in excess
of thle limitations prescribed ini said schedule shall be paid for as not
less thlan timle alnd one third.
3. No empuloye shall kotl wingl pemt an mployee to work for
any timne which hentotanledwthta alrmeady performed with
another emiployer or employers in this industry, exceeds the maxi-
num11 per~mitted~ herein.
1. Thle minimum rate olf wage of any laborer, mechanical worker,
or artisan emp~loyed in any plant, mill, or factory, or on worki con-
nected w-ith the operation of any such plant, mill, or factory, shall
be as follows:
(a) In the Niorth-ern zone! which shall consist of all the territory
of the United States except the States named in subdivision (b)
her~eof : Male labor, 40 cents per hour; Female labor, 35 cents per
(b) In the Southern zone, which shall consist of the States of
Virg~inia, Tennessee, North Ca rolina, South Carolina, Georgia,
Flor~ida, Alabama, Miississippi, Louisiana, Arkansas, and Texas:
Male labor, 35 cents per hour; Femnale labor, 80 cents per hour.
2. Thle minimulm rates of wages for all other employees shall be
(a) In th Northern zone, as defined in Section 1 hereof, $16.00
(b>) In the Southern zone, as defined in said Section, $14.00 per
(c) Part-timle employees covered by the provisions of this section
shall be paid at the rate of not less than 400 per hour in the North
and 354 per hour in the South.
3. This article establishes a minimum rate of pay which shall
apply irrespective of whether an employee is actually compensated
on time, rate, piecework, or other basis.
4. Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
The Codle Aulthority shall, within 90 days a'ft~er the effective date of
this Code, file with the Administ~rator a description of all occua
tions in the Industry in which both men and women are employed.
5i. The wage rates of all emlployees receiving more than the mini-
mum rates herein prescribed~ shall be reviewedl and such a.d'justmen~ts,
if any, made thlerein as are equ~itable in the light of all the circum-
stancess, andi within sixty (60) days after the effective dante hereof
the Ciode Aulthority shall report to th~e Admiiinistra~tor the actionn
taken by all members of the Indlustry under this section.
6. Office boyvs andl girls undter 18 yearls of age, to the extent of no
mor~e than 559; of t~he total number of emlployeecs dcrE~ib~ed in Secltion
2 hereof, may be empyloy~ed at a wage of not less than 8051~ of the
mlinimumr prescr~ibedl by saidl Sect ionl, provided that at least one such
offce boy or gir~l may be employed by each member.
7. A "person` whose. learning capacity is limited be~cause of age or
physical or mental handicap may be emlploy~ed on light work at a
wa.ge of not lesis than 80'j. of thle mirilnmuml pre~cribedl b~y this Code,
provided the State AuthorityJ or other agency) designated by the
United States Depar~tment of Labor shall have issued a certificate
author~izinga his employmlient on such basis. Each memnber shall file
with the Code Authorilty a list of all siuch~ persons~ employed b~y him.
The pr-ovision of this Section requiring a certificate of authority
shall not become effective until sixty danys after the effective date
of this Code.
ARTICLE V---GENERAL LBson PROVISIONS
1. N~o person under sixteen (16) years of age shall be employed
in t~he Indust~ry. No person under eighteen (18) years of age shall
be emp~loyed at oper~ations or occupations w~vhich~ are hazardous in
nature or dangerous to health. The Code Authorityr shall submit to
the Administrator within sixty (60) days after the effective date
of hisCod a istof uchoprations or occupationis. In any State
an employer shall be dleemnedohaecmldwihtspoiin
as to age if he shall have on ~file a certificate or permit duly signed
by the authority in such State emlpowered to issue employment or age
certificates or permits, showing that the employee is of the rIequir~ed
2. Employees shall have the right to organize and bargain col-
lectively through repreent~atives of their own choosing, and shall
be free from the interference, restraint, or coercion of emnployers 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. No em-
ployee and no one seeking employment shall be required, as a conldi-
ton of employment, to join a~ny company union or to refrain from
jommig, organlzing, or assisting a, la or organization of his own
choosing. Employers shall comply withi the maximlum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
3. No provision in this Clode shnall supersietfe ay State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sanitary, or general working conditions, or insurance or fire protec-
tion, than are imposed by this Code.
4. No employer shall reclassify employees or duties of occupa-
tions performed or, engange mn any other subterfuge for the purpose
of defeating the purposes or pronsions of the Act or of this C~ode.
5. All employers shall post copies of Article III, IV, and V of
this~ Code in conspicuous places necessible to employees.
6. Ever~y empl-loyer shall make reasonable provisions for the safety
and health of, his employees at the place and during the hours of
their employmnt.nt Standards for safety and health shall be sub-
mitted byV the Code Authority to the Administrator within six (6)
.months after the effective date of this Code.
7. N'o provision in this Code shall supersede provisions as to hours,
wag~es, and conditions of employment which are established for
specific projects by completent governmental aulthorityv acting in ac-
cordatnce with law, or to terms of employment wFhich are established
by labor agrleemnent s now in force, where either the wages are higher
or the hours of labor are shorter, or both, than are those set fgorteh
in this Code.
8. The Clode Authority shall mak~e a study of conditions in the
industry to determine th-e feasibility of the adoption of a, shorter
w~o~rking w~eek, and shall, within three (3) months after the effective
date of this Code, mnake~ a report of its findings to the Administrator.
Th~e Code Authority shall also submit to the Administrator within
six (6) months after the effective date of this Code a plan for the
stabilization and regularization of employment.
9. The manufacturers or partial manufacture of any product of
the Industry in homes shall be prohibited.
ARTICLE ~VI---AccouK Nw-SELLMNG
1. The Clode Authority shall, as soon as practicable, formulate a
standard miethod of accounting and costing for the industry and
submlit the. same to the ALdmlinistrato~r. Whl~en it shall have been
approved by th~e Admninistrator every member shall use an accounting
and costing system which conforms to the principles of and is at
least ats detailedl and complete as such standard mlethodl.
2. The Code Authority may from time to timle determine thlat
an open-price plan of selling~ suchI product or products of the In-
dusty a itshal secify shall be, put into effect on such date as it
shall fix. Noticeofucdtemntoshlbenonedoal
known members of the Industry whio manufacture such products
not less th~an 30 dlays prior to the date so fixed.
3. At least ten day~s priior to such date every such member shall
file w~ith the Code Aut~hority a schedule of prices and terms of sale
for all such ~products or, in the alternative, shall be deemed to have
filed a schledule conforming in respc opiean em fsl
w~ith~ the schedule at anry t ime on file' wh pich tates them lowest rie
anid the most favorable sterns.
4. All such schedules shall be in such form as the Code Authority
shall prescribe and shall contains all information necessary to permit
any inte~rested person to deetermine thle exact net price per unit after
all disccounits or other deductions have been made, whether pertainingr
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.
5. A revised schedule or schedules, or a new schedulTe or schedules
or a notice of withdrawal of a schedule previously filedl may be filed
by a member with the. Code ,Authority at any time, prov7Yided, however,
that any member who withdlraws a schedule wTithoult substituting a
new schedule therefore shall be deemed to have filed a sc~hedlule con-
forming in respect to price anld terms of sale with the sch~edlule at
any time thereafter on ~file which states the lowest price and the most
favorable terms. Any schedule or notice filed hereunder shall be-
come effective five, days after the date of filing; providedl, howriever,
that an increased price may become effective at such earlier date as
the member filings the same shall fix.
6. The Code Authority shall promptly supply all members of the
industry who manulfacturle any particular product wvithn copies of
all schedules, revised schedules, and notices of w~ithdr~lnawal which
pertain to such product. Immediately upon receipt of information
relative to the withdrawal of a price for any product, any member
may file notice of wpithdral~wal of his own price for the samencz product
effective as of the same date as the notice of withdrawal of such
other member. I~mmediately on receipt of information that a. sched-
ule then on file has been revised, or that a new schedule hias been
filed, any member may ~file a revised schedule conformling as to price
and terms to the! schedule of such other member, and effective on.
the same date, or he mray notify~ the Code Authority that he adopts
as his own the schedule of such other member. I~n the latter event
he shall be deemed to have filed a revised schedule conforming to
the revised schedule of such other member.
7. No such schedule of prices and terms of sale fdled by any mem-
ber, or~ in effect at anyT time, shall be such as to permit the sale of any
Product at less than the cost thereof to such mlember dleterminedl in
the mariner provided in Section 11 hereof, provided, however, that
any member may by notice to the Code Authority, adop~t as his own
a lower price Sled by another designated member. Such adoptijon
shall become automatically void after the withdrawal or revision
upward of the price adopted.
8. No member who shall have. filed a price, or adopted 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 more favorable than stated in such price schedule. Nfo
member, who shall have failed to file a price for any product, for
which the open price~ plan is in effect, shall sell such product at a
lower price or on terms more favorazble than the lowest price and
most favorable terms stated in any price schedule for such product
then on file.
9. The Code Authorityr shall furnish. at cost to any nonmember
requesting them, copies of any price schedules which have been filed
with it. Such price schedules shall be made available to nonmemu-
bers at the same time that they are sent to members.
10. No member shall sell any product of the Industry for which
no open price Dlan is in effect at less than the cost thereof to such
member, determined as provided inr Section 11, hereof, except to meet
the price of a competitor whose price does not violate such~ Section.
11. Cost, for the purposes of this Article, shall be determined
pursuant to the method of accounting and costing prescribed as
provided in Section 1 hereof as soon as such method is adopted and
approved, andl theretofore pursuant to the method employed by
such member subject to such preliminary rules as the Code Authority
sihall from time to time, prescribe withl the approval of the Admllin-
12. For the purpose of determining whlether Sections 7 and 10
hiereof have been complied with, every member shall, upon thle
request of the Code Authiority, furnish a designated agency of the
Code Authority in respect to closed transactions only within complete
information in regard to any quotation, order, contract, or sale of
any product of the Indlustry, including information as to specifica-
tions, quantities, price, conditions of storage, transportation or deliv-
cery, terms of billing, cash or trade discounts allowed, and other per-
tinent facts relating to such quotation, contract, or sale.
13. NPiothinr herein contained shall be construed to prevent the
disposition oP distress merchandise required to be sold to liquidate
a defunct or insolvent business or of discontinued lines, damaged
goods, or seconds, in such manner, as such price and such terms and
conditions as the Code Authority and the Admninistrator may
14. Nothing herein contained shall be construed to prevent the
fulfillment. of a bona fide contract existinea on the effective date of
ARTICLE VII--REPORTS ANrD ~TTSTICsw
1. Each. member shall prepare and file with an impartial agent
desiignated by the Code Authority at such times and in such mnannier
as it mnay pErescribe, such statistics, data, and information relating
to plant capacity, volume of production, volume of sales in units
andl dollars, orders received, unfilled order, stocks on hand, inven-
tory', both raw and finished, number of employees, wage rates, em-
ployee earnings, hours of work, and other matters, as the Code
Aulthoritys or the Admiinistrator may from time to time require.
Any or a~ll information so furnished by any member shall be subject
to checkingr for the purpose of verification by an examination of the
btooks, accounts, and records of such member by any disint~erestedl
accountant or accountants or other qualifiedl person or persons desigr-
nated by the Codle Authority.
2. Except as otherwise provided in the Act, or in this Code, all
statistics, data, and information filed or required in accordance with
the provisions of this Code shall be confidential and the statistics,
data, and information of one member shall not be revealed to another
mebr. No such dlata or information shall be published except
in combination with other similar data, and in such a manner as to
avoid the disclosure of confidential information. The Code Author-
ity shall arrange ini such manner as it may determine for the current
publication of industry statistics to members.
3. The Code Authority shall make such reports to the Adminis-
trator as he miay from time to time require.
4. In addition to information required to be submitted to the
Code Authority there shall be furnished to Government Agenci~es
*See paragraph 2 Of order approving this C(,de.
such statistical Information as the Administrator mrayv deem neces-
sary for the purposes recited in Sect~ion 8 (a) of the Act.
ARTICLE V1[1[ -110NOPOLIES
1. N~o provision of this Code shall be so applied as to permit
monopolies or mnonopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
ARTICLE 11-RECOill MENDATIONS
1. The Code Authority mnay, from tim to time, present to thle
Administrator reconunendations based on. condiitions in. the I~ndus-
try which will tend to effectuate t~he operation of this Code and the
police y of the act, and in particular alongb the following lines:
(a)r For the establishment of additional rules of f air trade prac-
tice for the I~ndustry and for the modification of its tradle c~ustoms
and the enforcement thereof.
(b) For the establishment of plans to equalize production with
demand so that the interests of the Industry and thze public may
be properly served.
(c) For dealingwtan other iniequaliythtmy rieo
endanger the stabi~l ityn ofth Industry andta ofy proucion nd
(d) For an increase or decrease in thet .Inumber of I~ndustry mem-
bers of the Code Authority andl/or for a change in thle mlet~hod of
choosing such members.
2. For the purpose of assisting the Code Authorities of the Paper
Manufacturing and/or Converting Industries in the adjustment of
all labor disputes and labor complaints arising within such indus-
tries, the Code Authority shall consider the advilsability of creating a
Joint Indulrstrial Relations 1Board for such Industries and shall re-
port its recommlendations to the Administrator.
3. Recommnendations made pursuant to Sections; 1 and 2 hereof
when approved by the Administrator shall have the same force and
effect as other provisions of this Code.
ARTICLE X---TRAE PRACTICES
1. The following are hereby~ constituted Tlrade Practices for the
Industry and failure to comply wtit thle provisions thier~eof shall be
a violation of thiis Code.
(a) Mlembers of the Industry shall not practice deception in re-
gard to that which is sold or its selling ]price boy false or misleal.ding
description, statement, record, or undisclosed consideration.
(b) Members shall refrain fromt dumping, deferred delivery, ex-
tension of stated credit, and secret rebates.
(c) Members shall not wilfully injure by falsely defaming a com-
petitor's goods, credit, or ability to perform his contracts.
(d) Members shall not wilfully induce or attempt to induce the
breach of a competitors contract.
(e) No member shall give, permit to be given, or directive offer to
give, anything of value for the purpose of Inlfluencing or rewlparding
the action of any employee, agent, or representative of another in
relation to the business of the employer of such employee, the prin-
expal of such agent or the represented party, without the knowledge
of such employer, principal, or party. The foregoing provisions
shall not be construed to prohibit free and general distribution of
articles commonly usedl for advertising except so far as such articles
are actually used for commercial brbery as herein defined.
(f) NEio member of the Industry shall ship goods on consignment
except, under circumstances to be defined by the Code Aulthority,
wrphejre peculiar~ circumstances of the industry require the practice.
2.leeb Dscrimination.-By the use of wholesalers as sales agents,
wherby sch slectd wolesalers are sold at special prices below
those give~n other wholesatlers for a like qluantityr in one shipment; or
thle giving of such wholesalers' discounts, commilssions, terms, andl/or
conditions of sale different from those extended other wholesalers in
the same competitive territory for a like quantity; is discrimination,
unfair trade practice, and a violation of the provisions of this Code.
Th~e term wPholesaler is defined as being a corporation, partner-
ship, or person engaaged in the buyingr of merchandise for resale to the
various classifications o~f th~e t.rade such as jobbers, manufacturers,
dairies, retailers, consumers, etc.e
3. In1 thre event of a demandl upon any mlember for a container not
previously or regularly manufactulred and not included in members'
previously filed schedules and definitions, the member mlay set up
tpemporarypric bearing a relationship in a normal ratio to the ca-
pacit, diensions, weight of stocks, etc., of nearest comparable size
or sizes included in the filed schedules and such price shall simul-
tan~eously be filed by the muember with the Clode Authority.
(a) M1Sembers are responsible for the Acts of their sales repre-
sentatives or sales agents in respect to all provisions of this Code
pertaining to sales and specifically as provided in Sections 2, 3, and 4
Article VI. Violations of the provisions of this Code as pertain-
ing to sales by Ml~embers' sales representatives or Sales Agents con-
stitute a vIiolation on the _part of the M~ember.
(b) The giving by M~embers or their represenltativecs or sales
agents of secret commissions, secret or open rebates, refuind~s or
credits in the form of money, presents, free goods, advertising allow-
ances or otherwise for the purpose of induucing sales or contracts, is
a direct violations of the provisions of this Code.
(c) Members' sales representatives or sales agents are persons,
partnerships or corporations employed by a Miember or Mlembers on
whlole or part-time basis; and compensated on the basis of salary,
commission, bothi salary and commission or ot.hlerwfise.
5. Members desiring to employ as sales representatives persons,
partnerships, corporations, brokers, or commission merchants on a
pcart-timne basis must first apply to the Code AuthorityT for approval
of such employment. The principle of this section being to prevent
Members from employing as sales representatives concerns who buy
merchandise for their own secount, for their associates, employers,
partners, or subscribers, thereby securing a commission or other
compensation from a Miember or Miembers covering purchases for
their own account or for the benefit of their connections.
ARTICLE XI G\EN'ERAL PROVISIONS
1. If any member is also a member of another indu~stry3, the pro-
visionls of this Codet shall applyl to and affect only that par-t of his
business which is inicludredl in this induistriy.
2. Any work or process incidental to, and carr~iedl on by a memb-
berr at his p~lant. as n part of the manufacture of any product of
the industry, shall be r~egar~ded as a part of this industry.
3. Such of the provisions of this Code as are not required to be
included therein by the Act, may with the approvu\al of the Adminis-
trator, be mIodifiedl andl elimini~atedl as changes in circumstances or
experience mny indicate.
4. This Codle and all the~ provisions thereof are expressly made
subject to thle right of thle Presidtent, in accordance with the provi-
sions of Section 10 (b) of the Act, from time to time to cancel or
mlodify any order, approval, license, rule, or regulation, issued under
Title I of said Alct, andl sp~ecifkrally but without limitation, to thte
right of the Pres~fident to, cancel or modify- his approval of such code
or any condiitions imnposedl by him upon his approval thereof.
5. This Code shall become effective on the second M~ondlay after
the date upon which it shall be appr~oved by the President of thes
Ap~proved C'ode No. 252.
Regit tryv No. 4306--10.
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