Code of fair competition for the food dish and pulp and paper plate industry as approved on February 1, 1934

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Material Information

Title:
Code of fair competition for the food dish and pulp and paper plate industry as approved on February 1, 1934
Portion of title:
Food dish and pulp and paper plate industry
Physical Description:
p. 29-40 : ; 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:
Paper products industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 407-1-04."
General Note:
"Approved Code No. 247."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004951100
oclc - 63654669
System ID:
AA00007048:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION



FOOD DISH AND PULP AND

PAPER PLATE INDUSTRY


For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 247


Registry No. 407--1--04


AS APPROVED ON FEBRUARY 1, 1934


WEI DO OUR PART


UNIV. OF FL LI
nars summaI DEPt


I .I
Su.s. serOrrear


UNITED STATES
COVERNMIENT PRINTING OFFICE
WASHINGTON :1933
























This publication is for sale by the Sup~erintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 5041 Post OfBee Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mlass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W\ells Street.
Cle\eland, Ohio: Chanmber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
De~troit, M~ich.; 801 First RNational Bnluk Building.
Bouston, Tex.: Chamber of Commerce Building.
Indialnapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla7.: Chamber of Commerce Building.
Kansasj City. Alo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadw~ay.
Louisville, Ky.: 4108 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
M~inneapolis, Mlinn.: 213 Federal Buildlingr.
NewCU Orleans, La.: RoJom 225-A, Customhouse.
New York, N.Y.: 734 Custombouse.
Norfolk, V'a.: 406 East Plume Street.
Philadlelphin, Pa.:422 Commllercial Tr'ust Building.
Pittsburgh, Pn.: Chamiber of Commerce Building.
Portland, Oreg.: 215 N~ew Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Soulttle, 'ash.: 8C09 Fedelral Offic~e Building.











Approved Code No. 247


CODE OF FAIR COMyPE.TITION
FOR THE
~FOOD DI[SH AND PUJLP ANDJI PAPERH PLATE
IND)USTR~Y

As Approved on F~ebruary 1, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE FOOD DISH AND PULr
AND PAPER PLATE TNDUJTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, appr~oved June 16, 1933, for approval of a Code of
Fair Competitrion for the Food Dish and Pulp and Paper Plate In-
dustry, and hearings having been duly held thereon and thre annexed
report onr said Code, containing findlings with respect thereto, having
been made and directed to the President:
NOW, TIHEREFORE, on behalf of the President of the United
States, I[, H~rugh S. Johnson, ~Administrator for Industrial Reco~very,
pursuant to authority vested in me by Executive Orders of the Presi-
dent,, including Executive Order No. 6f543-A, dated Decemnber 30,
19:33, and otherwise; do htereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects with
the pertinent provisions and will promote the policy and purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, howev-er, that
the provisions of Article VI, Sections 2 to 9 inclusive, insofar as they
prescribe a warit~ing period betweenl the filing with the Code Au-
thority (i.e., actual receipt by the Code Authority) and the effective
date of revijedl price lists or revised terms and conditions of sale,
be and they are hereby~ stayed pending my fu~t'her order; providled'
furtherr, that within ninety days I may direct that there be a further
htearing on such of the pr~ovislcons of said Code as I may dlesignate,
and that any order w~hicrh I may mnake after such hearing shall have
the effect of a condition on the approval of said Code.
HUGnH S. JoH son,
Adminiistri~a~tor for Irndust,rial Recovery.
Approval PReconulnended::
G;EO. L. BERRY,
Division Admlinistrator.

TY ASHINGCTON, DO.C, Febr~uary 1, 1934.


37483' 313-173---34


(29)












REPORT TO THE PRESIDENT
The PRESIDENT,
Th~e I~'kite House.
SIR: This is n report of the hearing on the Code of Fair Competi-
tion for the Foodl Dish and Pulp Paper Plate Industry conducted
in Wa'shingit on onl Decemiber 28, 1933, in accordance with the pro-
visions of Title I of the National Industrial Recovery Act.

HOURS AND WAGES

This Codle providers a st~andardl 40-hour weekr for factory workEers
with a weekly tolerance of eight hours to be paid for as overtime.
The usual exceptions are mad-e in regard to nonproductive em-
ployees. Office employees are limited to an average of 40 hours per
week over an eight-week period~.
Thle minimum wage rate in the North for hourly paid emnplayees
is 404 per hour for males and 850 per hour for females. In the
South the minimum wage rate for hourly paid employees is 35$
per hour for ma~les and 30g per hour for females. Office employees
will receive a m~iilnimu wage of $16.00 per wFeek in the Northi and
$;14.00, per week in t~he South.
OPEN PRICE PLAN

An open price plan of selling is provided, and selling below cost,
except to meet competition, is prohibited.
OTHER PROVISTONS

Provision is made for furnishing the Administrattor with such
statistical data as he may require..

ECONUMICll EFFECT OF THE CODE

The Indrustry in 1929 employed approximately 1,60i0 persons and
in July 1933 about 1,800 persons. The number of the plants in the
Industlgy increased from 12 in 1929 to 30 in 1933. Figures submitted
by 17 plants engaged in thle Industry show a total number, in July
1933, of 1,491 factory employees ofwhom over 76%~ worked an
average of at least 45 hours per week. The immediate effect of thie
Code wrill be to employ about 108 additional persons which number
will probably increase to about 270 persons by the Summner of 1934.
In July 1933, 56%r of male factory employees in the. North and
91%Y of the female factory employees received les sthan the proposed
m~inimumn rates of 409 andt 35C. T'he total increase in pay rolls as a
resurlt o~f the Coderl will be aboutr 15%.
(30)







FINDTINCS

The Deputy Admlinistratorl in his final report to me on said Code
having found as herein set forth and~ on the basis of all the -proceed-
ings in this matter;
I find thatt:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the liNational Indus~tr~ial Recovery Act, including
r~emoval of obstructions to the free flow of interstate and foreign
co~nmmrce which, tend to diminish the amount thereof and will pro-
vide for the general w~elf~are by promoting the or~ganization of in-
dustry for the purpose of coop~erative actions of labor and mlanage-
ment under adeFquate governmental sanctions and supe~rv\ision, by
eliminatingf unlfair competitive practices, by promoting thne fulllest
possible utilization of the present productivPe cap~acity of indu~str~ies,
by avoiding undue restriction. of production exceptt as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power by
reducing and relieving unemployment, by improving standlar~ds o
labor, and by othlerwise rehabl~itating industry.
(b) Said Industry normally employs not more than 50,000 emn-
ploy-ees; and is not classified by me as a maljor industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tioin Subsection (a) of Sectio~n 3, Subsection (a) of Section 7, and
Subsection (b) of Section. 10 thereof ; and that the applicant asso-
ciations are industrial associations truly re~presentative of the afore-
said Industry; and that said associations impose no inequitable re-
str~uctions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
of monopolistic pIractices.
(e) The Code is not designed to and will not eliminate or oppr~less
smtall enterprises and will not operate to discriminate against them.
(f) Thlose engaged in other steps of the ecc-lonomic 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,
HUGH S. JOHfNSON,
Administractor.
]FEBRUARY 1, 1934.













CODE OF FAIR COMPETITION FOR THE FOOD DISH
AND PULP AND PAPER PLATE INDUSTRY

To effectuate the policies of Title I of the National Industrial Re-
coveryr Act, the followi;ng is hereby established a~s a Code of Fair
Competition for the above-named Industry and shall be binding on
every member thereof.
ARTICLE I DEFINITIONS

The following words are used in this Code with the meaning herein
set forth:
"~ Industry "-The manufacture of pulp or paper dishes; wooden
veneer dishes; pulp or paper plates.
"' Member "--A natural person, partnership, corporation, associa-
tion, trust, trustee, trustee in bankruptcy, or receiver, engaged in
such Indusity.
"iAct "--Title I of the National Inldustrial Recovery Act.
"ldm,,i nist rator "--The A dminist rator for Industrial Recovery
under Title I in the Act.

ARTICLE II--ORGA~NIZATION AND ADMINISTRATION

1. There shall forthwith be constituted a Code Authority of the
Food Dish andl Puilp and Paper Plate Industry which shall comn-
pr~ise six (6) members of the industry. Three (3) of such members
shall be selected by t-he Boardl of Directors of the Food Dish Asso-
ciates of Amnerica, andl three (3) of such members shall be selected by
the Board of Directors of the Pulp and Paper Plate Associates of
Amierica. In addition to the members so selected the Administrator
miay appoint one or more persons to serve on the Code Authority.
The persons appointed by the Adminisrtrator shall serve in an advi-
sory capacity, shall have no vote, and shall serve without expense to
the Indlustry.
2. Each of the said Associates shall impose no inequitable restric-
tions on membership and shall file with the Admiinistrator certified
c Ipies of any amendments of its By-Lawfs, relating to eligibility or
admniission to memibershiip in said Associates, or relating to the
method of selection of the members of such Board of Directors which
said Associates mnay hereafter adopt.
3. The Admiinistrator mayg at any time prescribe a different method
for selecting thle Industry members of the Code Authority, and
thereafter, such members shall be chosen in the manner so prescribed.
4. The Codle Authority is charged generally with the duty of
administering this Code. If the Administrator shall determine that
anly action of the Code Authority or any agency thereof is unfair
or unjust or contrary to thle public interest, thle Administrator mray
(32)







require that such action be suspended for a period of not to exceed
t~hirty days~ ton afforrdl an opportunityr for inves~tigation of the merits
of such action and furthler consideration by such code authorityy or
agency pending final action, which shl~all be taken only upon approval
bsy the APdminmistrator.
5. Thle expenses of admllinistering this Code shall be borne pro
rata, in accordance with a formula to be a-dopted by th~e Code _Au-
thlority, by all members of the Industry who accept the benefits of
the services of the Code Authority or otherwise assent to this Code.
6. The Code Authority shall havre p~owrer to .investigate alleged
violations of this Code and acts or courses of conduct by anly member
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 recommendations to the Administrator.
7. The Code Authority is hereby ~constituted the agency to en-
deavor to effect, by arbitral proceedings or otherwise, adjustments
of contracts entered into by members of th~e Industry, where the
costs of executing~ such contracts are increased through the appli-
cation of the provisions of the Act or of this Code.
ArlCLE: III -Houns or LABOR

1. Employees in the Industry shall not be rIequired~ or perml~itted
to work hours in, excess of the limits prescribed in. the following
schedule :
SCHEDULED OF~ WORKING H-OURS

(a) -lT~atchm7.cni.-FIiifty-six (56) hours in any one week, but not
more than six (6) days in any seven (7) day period; or fifty-sixr
(56) hours in any one wreek, but not more than eight (8) hours inl

(nb) eCha~kufear truck dl~rivers, and their helpers.--One hundred
eighty (180)} hours in any p~eriodl of four (4) consecutive w~eek~s,
provided, however, that time 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 than timue anld one third.
(c) Engyinleers, framenC1, elec~tric~lias, flterl-palant employees, elec-
tr2io alnd hy/droelectrio operatlo~rs.--One hundred sixty-eight (168)
hours in anly period of four (4) consecutive weeks, provided, how-
ever, that time worked in excess of nine (9) hours in an~y one; dnay
or forty-five (45) hours in any onze week shall be paid fra o
less than timie and one third.
(d) All other laborers, Iwhaicactli~t l workers or artisans employed
~i. anyl plantl, mzill or fatorUl or on work c~onncted! w1ith the opero-r
tion of such plant, mzill or factory.---Eight (8) hours in any one day
and forty (40) hours in any one week, provided, however, that these
mn ximlum limits may be exceeded for any reason at any time p~ro-
vided that all time worked in excess of the maxsinnluns prescribed
shall be paid for as not less than timle and one third, andt provided,
further, that nlo employee shall be required or permittedc to wor01k in
excess of tetn (10) hours in any one day or forty-eighlt (48) hlourls in
any one week.








(e) Emlplo~yees regularly engaged in ar mclnogeia~l or enzecetive
capancitl arnd their personalcl kecr)etar)ie~s, forewin. alnd supervisors,
receivi~ng thirtU~-fire d~ollarsF ($3~5.00) or moreI pe~ r weekX, and outside
saltsmenP n --No limit action.
(f)All other,, mp~llo~ees.-Foltrty-eight (48) hours in any one
week andl not. to exceedl three hundred twenty (3f20) hours in any
period of eight (8) consecutive weeks.
2. No limitation contained in said schedule shall apply to em-
ployees of anyl class when engyagedl in emergency r~epairs or emer-
gency manintenance wor~lk occasioned by breakdlowns or involving pro-
tection of life or property, provided, however, that all timie worked
in excess of the limitations prescribedl in said schedule shallI be paid
for as not less than time and one third.
3. No emp~lloyer shl~Al knowingly permit any employee to work
for any time which, wheni totaled with that alreadvy per~formned with
another emnployer or employers in this IndlustryS exceeds the maxi-
mnum permitted herein.
ARTICLE IV-TVlAGES

1. The mlinimumln rate of wage of any Inborer, mechanical worker
or ar~tisan emlployed in any pulp or paper dish, or pulp or paper
plate plant, miill or factory or on work connectedl with the operation
of any such plant, mnill, or factory shall be as follows:
(a1) In th~e Nor~thern zone, which shall consist of all of the terri-
tory of the United States except the States nlamled in subdivision
(b) hereof
M~ale labor, 40 cents per hour.
Female labor, 35 cents per hour.
(b) In the Southern zone, which shiall consist of thle States of Vir-
ginia, Tennessee, North Car~olina, South Carolina, Georgia, Flor~ida,
Alabamia, Mlississippi, Louisiana, Arkansas, and Texa7s
M~ale labor, 35 cents per hour.
Female labor, 30 cents per hour.
2. The minimum rate of wage of any Inborer, mechanical worker,
or artisanl emrployed in any wooden veneer dish plant., mill or factory,
or on work connected with or incidental to the operation of such
plant, miill or factory, shall be:
M~ale labor, 35 cents per hour.
Female la.bor, 35 cents per houir.
3. The minimum rates of wages for all other employees shall be
as follows:
(a) In the North~ern zone, as defined in Section 1 h~ereof, $16.00
per week.
(b) In the Southern zone, as defined in saidl Section, $14.00 per
week.
(c) Part-time employees covered by the provisions of this section
shall be paid at the rate of not less than 40C per hour in the Nort~h
and :35$ per hour in the South.
4. This Article establishes a miinimum rate of pay which shall
apply irrespec~tive of whether an employee is actually compensated
on time-rate, piecework, or other basis.








5. Female employees per~formiingr Substantialy thle same work as
male employees, shall receive the same rate of pay as male emplloyee.
The Code Authority shall1 within 90 days after the e~ffectivec date
of this Code file with the Admrlinistrator a dcr~cliptionl of all occupa-
tions in the Ilndustry in which both men anld women are emlployed..
6. TLhe wage rates of all employees :retcei\ing more than the mini-
mum rates herein prescr~ibed sha~ll b~e rev~\iewed~t and suchl adjustments,
if anly, mnade therein as are equitable in the light of all the circum-
stanlces, and wTithinl sixrty (60) days after the effective date hereof,
the Code Authority shall report to the Administrator the action
taken, by all members of the Industry under this Section.
7. Office bo;ys and girls under 18 years of age, to the extent of no
more than 5%~p of the total number of ermployees descr~ibedl in Section.
3 hereof, may be emnployedl at a wa~ge of not less than 80%0 of the
minimum prescribed~ by said Section, provided that at least one such
office boy or girl may be employed by eac~h memlber.
8. A person whose learning canpacit~y is limlited beenuser~t of age or
physion1 or mental handicap may be employed on light work at a
wage of not less than 80%0 of the minimum prescr~ibedr byv this Code,
provided the State Authorit~y or other agency dlesignartedt b~y the
United States Department of Labor shall hadve issued a cer~tificate
authorizing his employment on such basis. Each member shall file
with the Code Authority a list of all such persons emlploiyed by him.
ARrIC'LE V--CrENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be emnploy~ed
in the indust ry. Nio person under eighteen (18) years of age shall
be emnployed at operations or occ~upat~io ns which are ha:zarldous in
nature or dangerous to health. The Code .Author~ity shall Sulbmlit
to the Ad:ministr~ator within sixty (60) days after the effective date
of this Code a list of such operations or occurpations. In any State
an emnployer shall be deemed to have comllplieid with this provision
as to age if he shall have on file a certificate or permit duly signed
by the authority in such State empowered to issue employment or
age certificates or permits, showing that the employee is of the
requ"i red age.
2. Emnployees shall, have th~e right to organized and bargain col-
lectively through relpresentatives of their own choosing, and shall
be free fr~om thle interference, restraint, or c~oercionl of employ-ers of
labor, or their agents, in the designation of such representatives or
in ef-organization or in other concerted activities for the purpose
of collective bargaining or other mutunl aid or protection. No em-
ployee and no one seekilng employment shall be requilred as a condiL-
t~ion of employment to join any comnpanly unlion or to refrain from
joining, organizing~, or ass;isiting a labor organization of his own
choosing. Emnploylers shall comply wc~ith the maximumn hours of
labor, minimum~ rates of pay, and other conditions of emnployment,
ap'proved or prescribed byT the President.
3. No provision in this Code shall supersede any State or Fiederal
law which imposes on employers more stringent Frequirements as to
age of emp~loyees, wages, hout ~s of work, or as to safety, health, sani-







tar~y or general working conditions or insurance or fire protection,
th~nn are imnposedl by this Code.
4. N~o emnployer shall reclassify employees or duties of occupations
per~formled, or engage in any other subterfuge for the purpose of
defeat~ingr the purposes or provisions of the Act or of this Code.
5. All1 employers shall. post copies of Articles III, IV, and V of
this Code in, conspicuous places accessible to employees.
6. Ev~ery employer shall make reasonable pr1ovisions for the safety
and heanthi of his employees at thle place and during the hours of
their emp~loymlent. Standardls for safety and health shall be sub-
mlittedl by th~e Code Authlority to the Admninistrator within six (6)
months after tlhe effective dante of this Code.
7. No p~ov-ision in this Code shllRI supersede provisions as to hours,
wages, and conditions of emnploymnentt which ar~e established for
specific projects by competent governmlental authority acting in ac-
cordance with law, or to terms of emiploymecnt which are established
by labor agr~eements nowT in force, w~her~e either t~he wages are higher
or the hours of Inb~or are shorter, or both, thlan are those set forth
in this Code.
8. The Code Authority shall1 make a study of conditions in the
Industry to determine the feasibility of the adop~tion of a shorter
working week and shall, within three (3) months after thle effective
date of this Code, make! a report of its findings to the Administrator.
The Code Authority shall alIso submit to t~he Adm7i n istr~at.or within
six (6) months after the effective date of this Codle, a plan for the
stabilization and regaularization of employment.
9. The manufacturer or partial mnanufacture of any product of the
Indcusitr~y in homes shall be prohibited.
~ARTICLE, V~I-Aiccou rNGIN---SELLI NG

1. The Code Auirthority shall, as soon as practicable, formulate a
standard method of accounting and costing for the industry andl
sEubmiit the same to the Adc-ministrlator. W\hen it shall have been
appr~oved by the Adm~lninistrator, every member shall use an account-
ing and costing system which conformis to the principles of, andi is
at least as detailed and compnllete us, sulch standard method.
2. The Code Aluthority may, fr~om time to time, determine that an
open-pricer pla~n of sellingr such product or products of the industry
as it shall specify shall be put into effect on such date as it shall fix.
INotice of such deter~mination shl~nl be announced to all kllnown mem-
bers of the industry who mannufacturee such products not less than 30
day~s prior to the dlate so fixedl.
3. ALt leASt ten. days prior to such date, every such member shall
file with, the C~ode Author~ity a schedule of prices and terms of sale
for all s~uch~ products or, in the alternative, shall be deemed to havle
filed a schedule conforming in respect to price and terms of sale
with the schedule at any time on file which states the lowest price
and the most favorable terms.
4. All such schedules shall be in such formn as t~he Code Authority
shall prescribe andl shall contain all information necessary-to permit
any interested, person to determine the exact net price per unit after








all discounts or other dleductions have! been mande, wh-ether pertaining
to a single order, a commitment for future delivery, or a cotl'Ract.
All such, original schedules shall become effective on the date fixed by
the Code Authorityr as p~rovidedl in Section 2 hereof.-
5. A revised schedule or schedules, or a new~ schedule or schedules,
or a notice of writhd~rawanl of a scheduled previously filed, may be filed
by a mlember with thle Code Authority at any time. provided, how-
ever, that any mnemlber wh'o w~it~hdaws a schedule withlout sub-
stituting a new schedule therefore shall be dleiemed to have~ filed~ a
scheduloe conlforlming in respect to price and terms of sale with the
schedule at any time thereafter on ~file which states thle lowest price!
and the most favorable. terms. Any schedule or notice filed here-
under, shall become effective ten (10i) days after the date of filing,
prov-ided, however, that an increased price shall become effective
im med-iately.
6. The Code Authority shall promptly supply all members of thne
Industry who manufacture any particular product with copies of all
schedules, revisedt schedules, and notices of withdrawal, which, per-
tain to such product. Immediately upon receipt of information
relative to the withdrawal of a price for any~ product, any member
may' file notice of with~dr~awal of his own price for the same product
effective as of the same date as the notice of withldranwal of such
other mlember. Immediately on receipt of in formaltio, n that a
schedule then on ~file has been revised or that a new schedulelc has
been filed, any member may file a revisedl schedule conforming as to
price and terms to the schedule of such other member, and effective on
t~he same date, or he may notify the Code Authority that he adoptsf
as his owFn, the schedule of such other member. In the latter event,
hie shall be deemled to have filed a revised schedule conforming to the
revised schedule of such. other mlember.
7. No such schedule of prices and terms of sale filed by any mnem-
ber, or in effect, at any timne, shall be such as to permit the sale of
any product ait less than the cost thereof to such member de~terminedi
in the manner provided in Section 11 hereof, provided, how~\evr,
that any lembe~r ma-y, by notice to the Code Aulthority, adopt as
his owpn, a lower price filed by another designated member. Such
adoption shall become automatically void upon the withdrawal or
revision upwardl of the price adopte~d.
8. No memlber who shall have ~filed a, price, or adop~ted~ as his
own, a price filed byr another member for any product of the In-
dustry,, shall sell such product for less than such price or upon
terms or conditions more favorable than stated in such price schned-
ule. N'o members 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 terms more favorazble? than ther lowest price
and most favorable terms stated in any price schedule for such
product. then on file.
9. The Code Authority shall furnish at cost to any nonmember
reiue~sting them, copies of any price schedules wFhichl have been ~filed
with it. SuIch price schedulesp shall be made available to nonmlem-
bers at the same timne that they are sent to me~mbers.







10. No member shall sell any product of the industry for which
no open-pric~e pjlan is in effect at. less than the cost thereof to such
member, determninedl as providled in Section 11 hereof, except to meet
the price of a competitor w;1hose price does not violated such Section.
11. Cost, for the purposes of this Ar'ticle, shall be determined pur-
suant to the mnethiod of accounting aind costing prescribed as pro-
vided in Section 1 hereof as soon as such method is adopted and ap-
pr'oved and theretofore pursuant, to the method emlployedl by such
member subtjec~t to such prelimlinaryv rules as t~he Code Authtority
shall from time to time prescribe with the approval of the Adminis-
trator.
12. F~or the purpose of determining whether Sections 7 andl 10
hereof have been complied with, every member shall upon the request
of the Code Aulthority furnish a decsignated agencyv of the Code
Authority in respect to closed transactions only, w~ith complete in-
formation inl regard to alny qluotation, order, contract, or sale of
any~ product of the inrdustry, includingp information as to sp~ecifica-
tions, quaintities, price, conditions of stborsage, transportation or de-
livery, terms of billing, cash or trade d~iscouints allowed, and other
pertinent facts relating to such qluotatio~n, contr~net, or sale.
13. Nothing her~ein contained shall be construed to prevent t~he dis-
p;osition of distress merchandise re~quir~ed to be sold~ to liquidate a
defunlc~t or insolvent business in such manner, at, suchl ~r~ice, and such
termiis and conditions as the Code Aulthority and thle Adlministrator
may approve.
14. Nothingi herein contained shall be construed to p~revent the
fulfillment of a bona fide contract existingr on thle effective dlate of
this Code.L

A~RTICL~E TJII[-REPOIRTS AND STXTnsnes

1. Each melmber shall p~repar~e andl file with an impartial agent
designated by the Code Authority at such times and in such mnan-
nor as it mra~y prescr~ibe, such statistics! data, and information relat-
ing5r to plant capacity, ~volume of production, volume of sales in units
an1d dollarsj, orderrs received, unfilled orders, stocks on hand, inve~ntory
both raw~ and finishtedl, numllber of employees, wage rates, employee
earnings, hours of workr, and~ other matters as the Cod~e Aluthorit~y
or the A~dministrator mayb from time to time require. Any or all
inlform~at ion so fuirnish~ed by any memnber shall be subject to checks
ilgr for the purpose of verification by an examination of the books,
nccouints,; and records of such member by any disinterested accountant
or necounltants or other qualified person or persons designated by the
Codle Authority.
2. Exstcept as otherwise provided in the Act, or in this Code, all
staisic, ata, and information filed or required in accordance with
the provisions of this Code shall be confidential and the statistics,
data, and informantion of one member shall not be revealed to an-
other member. No such data or information shall be published ex-
cept in combination with other similar data and in such a manner
as to avoid the disclosure of confidential information. The Code
1Bee p~aragRraph 2 of order approvingp this Code.








Authority shall arrange in such manner as it may determine for the
current publication of industry statistics to members.
3. The Code Author~ity shall make such reports to the Admin-
istrator as he ma~~y from time to time require.
4. In addition to information r~equir~ed to be sulbmittedc to the
Code Auth~ority there shall be furnishled to Gover~nmntr l Agenocies
scuch statistical information as the Admlinistr~ator may deem1 necessary
for t~he purposes recitedl in Section 3 (a) of the _Act.
AerlOCLtE ~VIII-MONOPOLIES

1. No provision of this Code shall be so applied as to permit
monopolies or mlonopolistic~ practices, or to eliminate, op~press, or
discrimlinate aganmst small enterprises.
ARTICrLE I]X--RECOMII ENDATIONS

1. The Code: Authtor~ity may, from time to time, present to thle
AdZministrator recommendations based on conditions in the Indlustry
which will tend to effectuate the operation of this Code and the
policy of the Act,_ ndr in pa~rtiiculaRr alongc the followPing lines:
(a) For the establishment of additional rules of fair trad~te prac-
tice for the Industry and for the codification of its trcenecustomns,
and the enforcement thereof.
(b) F'or the establishment of plans to equalize production with
demand, so that the interests of the Industry and the putblic may
(c) FroK~rl serdealing with any oter inequality that may arise to
endanger the stability oth Inury ndof production and
em ployment.
(d) For an incr~ease or decrease in the numnber of TIndustry' 3 mleml-
bers of the Code Aiuthority and/or for a change in th~e method ofE
choosing such members.
2. For the purpose of assisting the Code Au~thor~ities of the Paper
Mannufacturingg 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 advisa~bility of creating ra
Joint Industr~ial Relations Boar~d for such Industr~ies and shall report
its recommendations to the Administrator.
3. Recom menId ati on s made u rs u 3nt to Sections 1 a nd~ 2 hie reo.,f
when approved by the A~dministrator shall have the same for~e and
effect as other provisions of this Code.
ARTICLE S--TRADE PRACTICES

1. The following are hereby constituted Trade Practices for the
Industry and failure to comply with the pr~ovisio~ns thereof shall be
a violation of this code.
(a) No member of the Industry shall practice deception in regard
to that wFhich is soldl or its selling price by false or mlisleadling
description, statement, record, or undisclosed considerationi.
(b) MIembers shall refra~in from dulmp~ing, deferred dlelivery,
extension of stated credit, and secret rebates;.







(c) ~No member shall w~ilfully injure by falsely defaming a comn-
~petitor's goods. credit, or ability. to perform hiis contracts.
(d) No mnember shall w-ilfully induce or attempt to indluce the
br~eachl of a com:llpetitor's contrnect .
(e) No member .shalll give, permit to be given, or directly offer
to give, anything of value for the p~urpose of influencing or rewa~rd-
2ng the action obf any employee, agent, or repr~esentative of another
in relation to the business of the emnployer of such emnployee, the
pr"inc~ipal of such agent or th~e repr~eselnted par~ty, without, the ktnowl-
edge of such emlplojyer, principal, or part~y. The foregoing
provisions shall not be conistruedl to prohibit free and general dis-
tribution of articles commnonly used for advertising except so for as
such, articles are netullyll usedl for comnmereinl bribery as herein
defined'.
(f) No mnemlber of the industry shall ship goods on consignment
except ulnderl cii~rcmstances to be defined by the Code Authority,
where peculiar circumstances of the Industryr r~equire th~e practice.
(ga) Terms of sale in t.he Industry shall be not mlore favor~able
than two (9%o) perlcent for cash if p~aid within thirty (30) days or
net thirty-one (31) days fr~om dlate- of shipment.
(h) No member shall guaranntee either dlealers or wholesaler~s floor
stocks against decline.
ARTICLE XI--GENERAL PRov'ISIONs

1. If any member is also a member of another indlustry, thle pro-
visions of this Code shall apply to and affect only that part of his
business which is includedt in this Industry.
2. Any work or process incidental to, andl carried on by a member
at his plant as a part of' the manufacturer of any product of thle In-
dustr~y, shallI be regarded as a par1t of this Indlustry.
3. Such of the Prov~\isionls of this Code as ar~e not requiired to be
includedt therein by the Act, mlay writh thie appr~oval of the Adlminis-
tr~ator, be modified and elimnanted as changes in circumstances or
exp'erielcr e may indicate.
4. Thlis Code and all the pr1ov~isions thereof are expressly mnade
subject to the right of the President, in accordance w~it~h the pro-
visions; of Section 10(b) of thie Act! from time to time to exncel or
modify any order, approval, license, rule or regulation, issued under
Title I of said Act, and specifically, but without limiitation, to the
right of the Presidlent to cancel or modify his approval of such Clode
or any conditions imnpo-sedl by himn upon his approval thereof.
5i. This Code shall become effective on the second M~ondaiy after
the date upon which. it shall be alpprov-ed by the President of the
United~ States.
Approved C'olec No. 2-17.
Registry No. -107-1-0-1.








UNIVERSITY OF FLORIDA


3 1262 08855.7805