NATIONAL RECOVERY ADMINISTRATION
CODE OF FA IR C OM PETIT ION
SECONDARY STEEL PRODUCTS
ar sale by the Superintendent of Denlenmets, Washington, D.C. Price 5 cents
Approved Code No. 478
Registry No. Ill8--17
AS APPROVED ON JULY 10, 1934
WS DO OUR PARTL
GOVERNMENT PRINTING OFFICE
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Wash-ington, D.C,, and. by district offices of the Bureau of Foreign
and Domestie Commerce.
DISTRICT OFFICES OF THE DEPARTMlENT OF COMMERCE
Atituta, Ga.: 504 Post Office Buildinig.
Birmingham,, Ala.: 257 Federal Building.
Boston, Manss. : 1801 Customhouse.
Buffalo, N.Y'.: Chamberle l of Commerj~ce Building.
Chanrleston, S.C.: Chamber of C'oummrce Building.
Cleveiland. Ohio: Chamb~l er of Commierce.
Dallas, Tex.: Chambl~er of Commlerce Building.
Det~roit, M~ich.: 801 First. National Bank Building.
Hlouston, Tex.: Chamuber of Colmmerce Building.
Indianapolis, Ind.: Chamber of Commerce Buildling.
Jacks.ionville, Fla.: Chamb~er of Co~mmerce Building.
Kanusas City', RIlo.: 10%S Baltimore Avenue.
Los Anigeles. Caslif.: 1163 South Broadway.
Louisville, Ky.: 405 Federal Building.
M~emphlis, Te-ni. : 2'29, Fedlerl Building.
Allounenpjolis, MIin~n.: 213 Federal Building.
New Orienus;. La7.: Room 225-A, Cnstom~house.
New Yo'rk, N.Y. : 734 Customuhouse.
Norfo~lk, Yna.: 400 East Plume Street.
Philadlelphin, Pa.: 422; Commercial Trust Building.
Pittsburgh, Pa.: Chaimberr of C~ommllerce Building.
Portlalnd, Oregr.: 215 Newn Post Office Building.
St. Louis. M~o.: 508 Olive ~Stre~et.
San Franciso, Calif.: 310 Custombouse.
Seattle, Waishl.: 800jc Feder~al Offce Building.
Approved Code N~o. 4c78
CODE O1F FAIR COMPETITION
SECO)NDARY STEEL IPRIODUCTILS WAREHOUSING
As Approved on July 110, 1934
CODE OF FAIR C'OMZPETITrlON FOR T'HE SECONDARY' STEEL PRODUCTS
An application having been duly made pursuant to and in full
comiipliance writh the provisions of Title I of the National Induistrial
Recolery~ A4ct, approved June 16, 193.3, for approval of a Code of Fair
Com~~peti;tion for the Secondrynr Steepl 'Produ~ctsn Warehousingr Trade,
andi hear~ings havinga been dluly- held th~ereon anid the annexedl report
on said Code, containing findings with respect thereto, having been
made andi dir~ectedl to thie President:
NOW', THEREFOREF, on b~ehalf of the President of the Unlited
States, I. Hugh S. Johlnson, Adlministrator for Indlustrial Recovery,
pursuant to authority vested in me b~y Exrecutive Orders of the~ Presi-
dent, including Executive Order No. 6543S-A, dated Decemlber 30,
1933, and otherwise; do ler~eb~y incorporate by reference said annexred
r~eport. andi do find tha~t saidl Code complies in all respects with the
pertinent pr~ovisions and will promoncte the policyy and p~urposes of
saidl Title of said Act ; andi do here~by ordler that said Code of F'air
C'omp~ettition be and it is thereby p~pr~oved; provided, however, that
the prov~isio~ns of Ar~ticles IV', V and VI be and they are hereby stayed
for a period of tw-enty-five (25) days; then to b-ecomne effective unless
I by further Orderl otherwise direct, wTithin which time ca use may be
shown, if any there be, why the above provisions should not become
effective; and provided flirther that during the above mentioned
period of tw\enty-fie (25) dlays all members of the Secondlary Steel
Products Warehousing Trade shall comply with all the terms and
provisions of Articles IV, V aznd VI of the arpprloved Code of Fair
Competition for the W~holesaling or Distributing Trade.
HUGHI S. JOH NSON,
Adm~inis~tratlor for Industr~ial Rejcov~ery.
Approval recommended :
ROBERT L. Ho)USTON,
Jubly 10, 193f.
73077' -- 820J-36- 34
REPORT TO THE PRESIDENT
The W~hite House.
SmH: This is a report of the hearing on the Code of Fair Comlpeti--
tion for the Secondar~y Steel Products Wvarehousing rdcn
ducted in the Green Roomn of the Raleigh Hotel on April 28, 1934.Trdcn
The Code which is attachedl wa~s presented by duly qualified and
authorized r~epres;entatives of the Trade, complyingi withi the st~atu-
tory requirements, saidl to represent 930 per cent inl number and about
90 p~er cent in volume of sales of the Trade whvlich coulld be included
in this Crode.
According to statistics furniished by memlbers of the Secondary
Steel Products W~iarehousing Trade and checkedl byI the Division of
Economic Research and Planlning, there are at thle present tim~e
approximately sixty-five (65) conce~nss engaged inl the Trade, with
aggregate annual sales of $:35,i00,000. The Tradte employs about
HOURS AND WAGCES
The houir and wage prov~isionsu of this Code establishi a maximum
40 hour work w~eek andc a mninimumu $15.00 weekly wage.
OTHR~i PROViISIONS OF THE CODE
Th~e provisions contalininlg definitions are inclusive and accurate.
The administrative plov-isions of the Code establish a Divisional
Code Authority wrhichl is fairly andi adequatelyl repres~entativce of all
the different elements in the Tjirade.
The trade practices proposed ar~e not co~nsidered inl any wayS objee-
tionable. Theyv are. with thle exception of one provision relating to
ensh discounts, th!e same trade practice provisions as are included
in the approved Code of Fair Competition for the Wholesaling or
The Deputy Admliinistrator in his final report to mle on said Code
havingr found as hlerein set forth anid on the basis of all the proceed-
ingSs in~ this matter:
I find that
(a) Said Code is well designedl to promote the policies and p ur-
p~oses of Title I of the Nationial Indtustrial Recovery Aict, including
removazl of obstructions to the free flow of interstate aind forecign
commerce which tend to diminish the amount thereof, and will pro-
vide! for the gcner~al welfaree by pr;omotingr the organization at ini-
dust~ry for the purpo-se of cooperative action amZongr trudle groups, by
induicing andl maintaiining united nectio~n of Inbor and mainiagementt
under adeqluaite governmiiien tal .-nartio~n and superv\ision, by elimninat-
inig unfair compe:cttitve practices, by~ pr~omotingi the fullest possible
use of the pre -ent prod,~uctive enpneity of industries, by avoiding
undlue recstrictionr o~f produlct~ionn (except as miay be templora~rilyy re-
qu~ired), by inlcreasing thle co:nsump~tion of indlustr~ial and agjricul-
tural pr~od~ucts thriough increasing~ purchasing power, by :reducn
and relieving uinemp~rloymllent, by implrovi~-- -~ilng tandads of labor, anda
by oth~erwise rehbIl~tIitalting, indu~StryV.
(b) Saidl Trad~e nlorma~;lly emplloy\ s nlot more than 50,000 employees
and it. is not c~lassified by mle as a major industry.
('c) The (code aIs applroved comlplies in all respects with the perti-
nent provisions oif raidl Title of said Act, including without limita-
tion Surbsec~tion (a) of Sec~rtion 3, Subsection (a) of Section 7, and
Subsectioin (b) o-f Sec~tion 10 thereof; andi that the applicant associa-
tioni is a tradle a~ssciationl tulyll relr'esientative. of the aforesaid
Tr~ade; and thst said afiSOcIation imlpoSes no inequitablje restrictions
on admission to meme rs~crhip thiereini.
(d) The Codle is not dlesignedl to and woPill not permit monopolies
or mo~nopolistic piractices.
(e) T'he C'ode is not dlesignled to andi will. not eliminat-e or op-
press smalnll entcrprises and w~ill not operate, to d~iscrimninate against
(f) Those engagSed in other steps of the economic, process have not
been dep~riv'ed of th~e r~ight. to be heard prior to the approval of this
For these reasons, the Code has been approved.
Huanc S. JoHNson,
JULY 10, 1934.
CODE OF` AI~R COMPETITION FOR THE SECONDARY
STEEL PRODUCTS WAREHOUSING TRADE
ARTICLE3 I -P1nRPoSES
To effectuate the policies of Title I of the National Industrial
Recovery~ Act, the following provisions are established as a Code of
Fair Competition for the SecondaryT Seel Products WCarehousing
Trade, and shall be the standard of fair competition for such Trade,
and be binding upon every member thereof.
SECTION 1. The terml "' the Trade "', as used herein, shall mean the
business of buying and of distributing and,'or carrying wTarehouse
stocks of secondaryv products of rolled, drawn, cold-Snished, and/or
hammered steel products (such secondary products being known
as seconds ", rejects ", andl excess or wasters "). This termi
shall not include a business which is principally that of distributing
"( prime materials.
SECTION 2. Tile termi "' member of the Trad~e "? as ulsed herein shall
include any individual, partnership, association, corporation or other
form of enterprise engaged in the Trade, either as an employer or
on h~is or its owrn behalf.
SECTrION 3. Thle terml ''ASsociation as used herein shall mean the
National A-ssocliation of Distr~ibutors~ of Seconidary Steel Products.
SECTION 4. The term "L Executive C~ommiittee as used herein shall
mean the Executive Commnitiee of thle Association.
SECTION 5. Th~e term chapter as usedd hecreinl, shall mean a local
or recgional ch~apter of the Association.
S~ECTION 6. Tile (Pii-; 011plo3ee' aS uset her~eini shtil mean anS-
one engagedl in thle Trade in any capacity I~reeiving compensation
for his services irrespective o~f t~he Inatur~e or method of payment
of such compIensation, exrcpt. a mnemnber of the Trade.
SECTIONr T. The termn '" employerl "' as ulsedl herecin shall mnean any-
one by whomi such emplloyee is compensatedl or emplloyed.
SECTflON 8. The termsi Preside~nt? ", Act?' ". dministrator ",
as used herein shall mnean respectively the President of the United
States, Title I of the National Indurstr~ial Rec~overy Act and the
Admninistrator for Indlustriail Recovery.
*SECTION i. FOU' fie purpose of administering thiis Code the Trade
shall be divided into fihe (5) districts, wFhichi districts shall be
known as thle Chicago, Detr'oit, Cileveland, Youngst~own and New
The: Chicago District shall consist of the states of WVisconsin, Illi-
nois, Indiana, Louisinna and all states west of the Miissisippi River.
The Detroit District shall consist of the state of M~ichigan.
The Cleveland District. shall consist of iithe state of Ohio, (except
the cities of WCarrenl, Niles and Youngston)rn and all states east of
the Mississipp~i River and south of Illinois. Intfian,21 Ohio, P~ennsyl-
vania, Mary?landl andl Delaw~are.
The Yroun~Sto wn~I District shall consist of the cities of Warren,
Niles andi Youlngstow\n, Ohio, andt Pit~tsburgEh. Pennsylvania.
The New Yorkc Dist~rict. shall consist of the states of New York,
N~ew Jersey,. Delawarle. MI~aryland, Rh~ode IEslatnd, Connecticut,Maine,
Newv Hampshire. M~assachusete tts Vermoniit andl the state of Pennsyl-
vania excep~ting th~e city of Pittsbur~gh.
SECTIION 9. (a) A C'ode Aulthority of eight (8) members to co-
oper~ate with the Administrator in the admiinistratioon of the provi-
sions of this Clode is hiereby established. said members of the Code
Aulthority1 to be~ elected as.L hlereinafter pr~ovidled under the supervi-
sion of the Exuecutive Clommlittee. Thle Adminisi~trator may appoint
not more thai~n three (:3) mlember~s without -vote to serve for such
timie as thle A~dmnisteflnto r mayv dsignate.
(b) Ther~e sImil1 bet one (1) member of the Codle Auth~orit~y for
each of thle five (5) districts established in Section 1 of this Airticle
III, two (2) memii~bers electedl at large, and one (1) member to be
appoin~tedr by~ theP Admlnnistl:`tentr rePrese~cntingr members~fi' of the Tlrade
not mem~bers of the AIssociatio-n.
(c) The Executive C'ommiittee shall nominate two (2) candidates
fromt each of t~he five (5) districts establis'hed in Sc~t.won 1 of this
Article and four (4)1 candlidates at large.
(d) The Executivle Conuinittee shall manil ballots containiing the
inames of these candidates to? all members of the Trade discoveranble
by diligent ~eaRch. Thece ballots shall contain blankl spaces in which
voters may~ wTrite their cho~ices.
(e) Eac~h voter shall ceast. his ballot for one (1) candidate from his
district and~ for two (2) candlidates at. large.
(f) Fifteen (15) days after these ballots have been sent out the
Executive~ Conunittee shlall publicly count the votes in its possession.
The candlidate ini each district andt the tw~o candidates at laigrg receir-
ing the largest number of votes, shall be declared elected.
(g) The Execu~ltive Commnllittee shall certify to the AdministrAtor
the mnethodl of conducting this election aind the r~esults thereof.
SECYTION :3. Subject to such rules and regulations as may be issued
by the Admiinistrator, the, Codte Authority shall have the following
powfers and duties:
(a) To organize, elect officers, hire necessary employees, appoint
agents, andi pel~rfrm such ot.her acts as mnay be necessary for the
proper administration of this Ciode.
(b) To appoint a Tradle Practice Commnittee, which shall meet
with the Trade Practice Commrittees appointed under such, other
Codes as mlay be related to th)e Tr~ade, for the purpose of formulat-
ing Fair Tradle Practices to govern t~he relationships between produe-
ti-on and distribution emnployers under this Code and under such
others, to the end that. such Fair Trade Practices may be proposed
to t~he Administ~rator as amlendmnents to t~his Code and such other
(c) To adopt by-laws and rules and regulations for its procedure.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out. of any of its activities provided for
herein; provided however that nothing herein shall relieve the Code
Authority of its duties or r~esponsibilities under this Code and~ that
such trade associations and agencies shall at all times be subject to
and comply with the provisions hereof.
(e) To recommends to the Adm~inistrator any action or measures
deemed advrisable, including further fair trade practice provisions
to govern members of the Trade in their relations withl each other
or with other trades, measures for industrial planning, and statbili-
zation of employment.; and including m~odifications of this Code
which shall become e~ffect~ive as part hereof upon approval by the
Administrator after su~lch notice and hearing as he may sp~ecify.
(f) To obtain from mlember~s of the Trade such information and
reports as are required for the administration of the Code. In addi-
tion to information required to be! submitted to the Clode Authority,
members of t.hie Trade subject to this Code shall furnish such statis-
tical information as the Adminisitrator may deem necessary for the
purposes r~ecitedl in SCection :3 (a) of the Act to such federal andl
state agencies as hie may! desigrnate: provided that nothing in this
Code shall relieve aSny member of the Trade of any existing oblign-
tions to furnishl reportsr to~ any governmental agency. No individual
report shall ~e dlisclosedl to any other member of the Tradle or any
other parlty except to~ sm:h- other rovernmuental agencies as may be
dlircted- by the Admliinistrat~or.
SECTION' 4. Not.hing contained in this Code shall constitute the
nwmbit~i rs of the Codc Aluthorit~y pFrt~ners for any~ purpose, nor shall
any miembler or members of the C'ode Authority be liable in any
manner to any one for anyv act of any~ other membller, officer, agent,
or employee of the Codle Aluthority. Nor shall any member of the
Code Authority, exer~cising reasonable diligence in the conduct of his
duties hereunder, be liable, to anyone for any action or omission to
not under this Codle, except for his own wiliftd mzisfeasance or
SjE(TION 5. If the Administrator shall determine thant any action
of t~he C~ode ASuthor~it4 or anyr agenev thereof, mlay be unfair or
uinjust. or contrary to the public interest, the Achniuistrator may
require that s~c~h action be suspendedl to afford anr opportunity for
investigation of the merits of such action and~ for further considera-
tion by su~ch~ Code Authority or agency, pending final action, which
shall not be effective unless thle Administrator approves or unless
he sha~ll fail to dlisapprove after thirty days' notice to him of in-
1.ention to proceed with such action in its original or modlified form.
SECTIONU 6. InL order to assist in mlakingv effective the reports from
the Trade and in elimnint~ingr unfair competition, the Code Authror-
ity shall, within tw~o weeks after the effective date of the Codle, ap-
point a committee (so constituted as to give. producer, osmr
and governmental representation satisfactory to the ~Admini~llstra-
tor) to mak~e a study withi a view to the esta~bishmnent of classifica-
tions and standards of definitions of each class of staple products
of the Trade wherever such standards are deemed feasible. The
findings and recommendations of this committee shall, within three
(3) months, be. submitted to the Admlinstrator, and after such hear-
ings and investigations as he may designate, and upon approval by
him, shall be made a part of this Code and be binding upon every
member of the Tradle.
SEcoTIN 7. (a) It being found necessary in order to support the
administration of this Code and to maintain the standards of fair
competition established ,hereu~nder and to effectuate the policy of
the Act, the Code Authority is authorized:
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which miay be raised as hereinafter provided and
which shall b~e held in trust for thne p~urposes of the Co~dei;
(2) To submiit to the Administrator for his approval, subject to
such notice andf opportunity to be heard as he may deem necessary
(1) an itemized budget- of its estimated expenses fior the foregaoing
purposes, and (2) an equitable basis upon which thle funds necessary
to support such budget shall be contributed by members of the
(3) Aifter such budget and basis of contribution have been ap-
pr~oved by the Administr ator to determine and obtain equiitable
contribution as above set forth by all members of the Trade, and
to that e~nd, if necessary, to institute legal pr~oceedlingr s thlerefor in
its owFn namec.
(b) Each mnember of the Tradeclc shall pay his or its equllitable
contribution to the expenses of the miaintenancet of the Codle A~uthor-
it, determined as hereilnabove provided, and Isubjec~t to rules and
regulations pertiainingr thiereto issued by the Administrator. Onzly
members of' the 'Trade complying~r with thne Code and contributing to
the expenses of its administraztio n as her~einabove provided, unless
duly exempted fr~ont mlaking such contribution, shall be entitled to
participate in the selection o.f mlember~s of the Co~e. Authority~ or to
receive thle benefits of any of its volunt~aryr activsitie-s or to make use
of any emblem or insignia of t~he Nationai Recovelry administration.
(c) Thle C'ode Alt~hority shall neither incur nor pay any obiliga-
tion in ex-ess of the amount. thereof as estimanted in its app~rove d
budget, except upon appr~oval of the Admllinis;tentor; anid no subs~e-
quent. b~udget isharll contain any~ deficiency itemn for expenditures in
excess of prior budget estimates except those which. the Admlin7iStra1-
tor shall have! so apgproved.
SECTION tj. (a) The1000 18 Ier~eby Created a11 Ind'u~strial ReZlat7Ion
Committee to be comlposedl of three (3) persons whl-o shall be selected
(1) A re~presentative of thec employers to be appointed b~y the C'ode
(2) Ai representatives of t~he emp~tloy~ees to be nominated by a truly
representative emnployee organization. If no truly representative
labor organization exists t~he emnploree memberr of such Commnittee
mayv be nominatedl by the Labor A~dvisoryS Board of t~he National
Recovery Administra'tion and appointed by the Admuinistrator.
(3) An impartial chairman to be selected by the two ('3) I~m~embe
already appointed or, in case they disagree, by the Admuinistrator.
(b) Thle mlembers of this Comnmitteef .shall hold: office for six (6)
months froml the date of their appointments, and re-u ppointmnents
shall be made and vancancies shall be filled in th~e same mnneiiir as
provided in paragraph (a) of this Section S.
(c) This Industrial Relations Conunmittee shlall have th duty of
dealing withi complainits and d~isp~utes relatinlg to labor in accordance
with~ rules and r~egulat~ionls issued by the Admlinistrator.
SECTION 9. Each trade association directly or indirectly partici-
patinlg in the selection or activities of t~he Code Authority shall:
(1) impose no inequitable restrictions on membership, and (2) sub-
mitt to the Admninistrator true copies of its articles of association,
b~y-laws, regulations, anld any amendments when made thereto, to-
gether with such information as to membership, organization, and
activities as thle Admiinistrator may dleemi necessary to effectuate
thie purpose of the Act.
SECTION 10. In1 order that the Code Authority shall at, all times
be tulyY r~epresentative of the Trade andi in other respects comply
with the pr~ovisions of the A~ct, thle Administrator maiy provide sc
hetarilgss as he miay deemi proper; andl, thereafter, if he shall find
that the C'ode Authorlity is niot truly representative or does not in
any other respect comply with the provisions of the Act! mnay request
an appr'opriate modification in the method of selection of anly such
ARTICLE IV- Horras
SECTIO)N 1. r GUINirr ll? ROw~i~ andr/ Excrinpti~ons.-(s) No member
of the Tradice shall eniu~e or permiiit any~ employee except an empllloyee
in anl executive, superv\isoryg, technical or professional capacity, who
receives a sallay or~i a guaranteed mninimnum of thirty-five ($35.00)
dollars p~er week or mor~e, to w~ork more thani eight (8) hours in any
one day~, or more~ than for~ty (40) hours in any sevecn (7i) da~y period,
or mor~e thian six (6) days in any seven cT) day period, except as
(b) No wa~tchmlla n shall wor~k mior~e than nine (9) hours in any
one day or m1ore thanl fifty-foulr (54) hours in any seven (7) day
period or more than six (6) days in any seven (7) day period.
(c) No ouitsidle dleliv'ery mian, ma~intenan~ce mian, outside repair
service man or inistallation mian shall work mor~e thatn forty-eight
(48) hours in any seven ('i) day period or more than six (6) days
in any~ seven (7) day period.
(d) An emiployver may w~ork an emnployee in excess of the hours
specified in p~arngraphs (a), (b), and (c) of this Sjection, if timne
and one-thiirdl is paidl for all such additional hours; provided, h~ow-
ever, that in nio case shall any employee work more than eight (8)
hours per week in excess of his regular hours as specified in para-
gr3phls (a), (b), and (c); and provided further that such eight (8)
hours per w~eek overtime be limited to any twelve (12) weeks in any
twelve (12) months' period.
(e) The hours worked by any one, employee in any one day shall
be consecutive with the exception of a period of not more than one
(1) hour out for lunch.
SECTION 2. NO emlploger Shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers in this or any other Trade,
exceeds the maximum permitted herein.
ARTICLE V-WAGAES a
SECTION 1. (a) No employee shall be paid less than at the rate of
fifteen ($15.00) dollars per week of forty (40) hours.
1See paragraph 2 of order approving this Code.
(b) A part time employee orr one paid on an hourly basis shall be
paid not less than forty cents (40 $) per hour.
(c) This Article establishes a, miiinimu m rate olf compensation
which~ shall apply irrespective of wh'fether an employee is actually
compensated on a time rate, piece worki, commission or other basis.
(d)~ ePma~le employeesi nprfor~ming substantially the same wor~k as
male employees shall have the same rst~e. of pay as such1 male
(e) WFages shall be paid wFe~ekly or semnimnlrthly in Tlawful money
or by negotiable checks.
SECTION 2. No hourlly, daily or full-timle week~ly comlpensation
for emp~loye~es wrho ar~e paidl less than fifty dollars' ($50.00) peir week
shall be less thanl sulch complenisation exristlng as of June 16i, 1933, anmd
no employee shall be paid a wage rate which w~ill yield a less wage
for the shorter fuill-timne week herein establisledt thian he could have
earned for the samne class of worIIk for the longer full-timei week
existing us of June 16, 1933. W~age! incrons~es estazblishled under the
President's Reemp~loymI~ent Agreemrent shall at leasti be ma~inta-ined.
ARTIC.LE VI-GCENLERAL LeonR PBovrazows a
SECTION 1. MIinilzln! dge Repu Venientri s.--No pers~on unders eig~ht-
een years of age shall be employed in the Tradle except in clerical
or office wor~k or as a messenger.
No person under s~ixteen years of age shall be employed in thle
Trade in any~ capacity.
In any State any empl-loyer shall be d'eemned to have compyliedf with
this provision as to ag~e if he. shall have on file a certificate or permit
duly signed by- thle a~th~ority in such State empowrel~d to issue emz-
ploymrent, or age c~ertificates or permits showing that the employee
is of t~he requirc d agec.
.SECTION 8. N:o employer1 shall reclassify emlploy~ees or duties of
occupations per~formiedl or en~gaged in anyv other subterfuge so as to
defeat the purlposes or prov\ision1 of the Act or of this Code.
SECTION 3. Eac~h employer dhall post in conslpicuous places, acces-
sible to em~ployees full copies of the labt~or provisions of this Code.
SEC.TION 4f. Ni~o emplo~eyees shall be d-ismissedl or demoted by reason
of matkingr a corn~!?plainlt or giv-ing ev-idenc~e wiith respect to an alleged
violation of' this Code.
SECTION 5j. EveCry emloyer)~~I sh~all ma~e reasonable pr~ovisions for
the safety andt health of his employees at the place and during the
hours of their emnploymlent. Standar~ds of safety and health shal~l be
submitted by the Clole. Aut.hor~ity to thlre Administrator withi thee
months after the detective date of Ithis Code.
SECTION 6. (a) Emlployees shall have the right to organize and
bargain collectively t~hrough~ repr1esentat~i ves of their own choosing,
a~nd shall be free froml t~he interference, restraint, or corc~ion of
employers of labor, or their agents, ini thle designation of such rep-
resentatives or in self-organizntion or in other concerted activities
for t~he pu~rpose of collecrtive bnaraining ofIr oh~er mu~tual aid or
1 See paragraph 9 of order approving this Code.
(b) No employee and no one seeking employment shall be required
as a condition of em~ploymnent to join any company union or to.
r~efrain from joining, orgranizinlg, or assisting a labor organization of
hiis own choosing1, andt
(c) Emplloylers shall comply with the maximum hours of labor,
minimum rates of payr, and other conditions of employment, ap-
provedl or prescribed by the Pr~esident.
SECTION Ti. No provision in this Code shall supersede any State or
Federal law which imposes on emnployers morle strlingSent require-
mients as to age of employees,, wages, hours of work, safety, health,
sanitary or general worktingr conditions, and 'or mnsuran~ce or fire
protection, than are imposed by this Code.
ARTICLE VII-THADE PRACTICES
SECTION 1. Regular terms shall be thirty (30) dlays net less one
half of 1%o cash discount, if paid within ten (10) dayrs or twice per
month. Any deviation from these recognized terms including the
permnitting~ of customers to take unearned discounts for ensh or dis-
counts for ensh in excesjs of the foreg~oingr shall be deemed an unfair
trade practice, arnd is prohibited.
SCECTION 2. /Inaccura~te Advert~'i.Sing.-N o mlember of thle Trade shall
publish ad~vertisingi (whether printed, radio, display, or of any other
nature), which is mnisleading or inaccurate in any mlateriall particular,
nor shall anyr member in any~ way misrepresent any goods (including,a
but without limitation, its use, trade-marlk. grade, qlualityv, quantity,
origin, size, substance, character, nature, finish, material, content or
prepa rat ion) or credit terms, values, policies, service, or the nature
or form of the business conducted.
SECTIO]T .3. False Billing.--No member of the Trade shall kniow-
ingly withholdl from or insert in any quotation or invoice any state-
ment that mankes it. inaccurate in any material particular.
SECTION 4. IMaCCuratIXe Labelin~g.--No member of t.he Tradle shall
brand or mark or packr any goods in any' manner which is intended
to or does deceive or mislead purchasers with respect to the brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material content, or preparation of such go0ods.
SECTION .5. Inlac'Curatl e Refe~e~nces to C'ompnetitors, etc.--No mem-
ber of the Trade shall publish advertising which refers inaccurately
in any material particular to any competitors or their goods, prices,
values, credit terms, policies, or services.
SECTION 6. Threat8 of Law Swlits.--No member of t.he Trade shall
publish or circulate unjustified or unwarranted threats of legal pro-
ceedingrs which t~endl to or haveP the! effect of harassingr competitors
or intimidating their customers. Failure to prosecute in due course
shall be evidence that any such threat is unwarranted or unjustified.
SECTION 7i. Secret Rebates. No member of the Trade shall
secretly and directly offer or make any payment or allowance of a
rebate, refund, commission, credit, unearned discount, or excess
allowance, whether in the form of money or otherwise, nor shall a
member of the Trade. secretly offer or extend to any customer any
special service or privilege not extended t.o all customers of the same
class, for the purpose of influencing a sale.
SECTION 8. Br'ibinzg ~Emplloy!ees~.-No member of thie Trade shall
give, permit to be. given, or directly offer to give, anything of value
for t~he purpose of -iflluencing or r~ewarding the action of any em-
ployee, agent or representative of another in relation to the business
of t.he emnployerr of such employee, the principal of such agent or
the Icrepresn tedl partyr wit~hout. the knowlvl~led of such employer,
p~rincipal, or part~y.
Commer~cial bribery priovisjions shall not be construed to prohibit
free andi general distribution of articles commonly used for adv\er-
tisingr except as far as such articles: are actually used for commner~cial
bribery as herecinabove defined.
SECTION G. I/Pri ?if(;'iC~f'h 204 AlRotLeT'& C-!l ,oltreet.- NTo member
of thle Tra~de shall1 attempllt to induce the breach of an existingr con-
tract betw~een a competitor and his c~ustomer1 or source of supply;
nor shall any such who:lesaler~ interfere with or obstruct the per-
formlance of suchl contractual duties or services.
SEcrtion 10. Coercion.--No mlemiber of the Tkrade shall req~cuire
thant the purchase or lease of any goods be a prerequisite to the pur-
chanse or lease of any other goods.
AntI:?' e VIII---POWCER OF PRESIDENTS' TO MODIIFY
Thlis C'ode andl all the provisions thereof are eprss~lye~ 3 made sub-
jec~t to the Iiright of thne President in accordance withn the provil;ionls
of Subsection (b) of Section 10 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.
No p'rov-ision inl th~is C.odle shlnnl be so applied as to permit monopo-
lies or mlonop~ohs;ti 1,~tic rctree or to eliminate, oppress or discriminate
against small enlterpirises.
ACTI'C.LE XIL-EFFECTIVE DATE:
This C'ode shall bc~omne effective on th~e second Monday after its
Registry No. 1118--17.
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