Registry No. 313--04
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
RETAIL LUMBER, LUMBER PReODUCTS
BUILDING MATERIALS AND BUILDING
Blu salel by the superl~atedent of Documents. Washington, D.C. I Price 5 cenle
AS APPROVED ON OCTOBER 3, 1933
WE Do OUR PART
1. Executive Order
Letter of Transmittal
GOVERNMENT PRINTING OF1PICE ,
This publication is for sale by the Superintendent of Documrents, Government
Printing Office, Wa~shingto~n, D.C., and by district oflces of the Bureau of
Foreign anld Domestic C- mmerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Offlee Building.
Birmlinghlam, Ala.: 25T Federal Building.
Ikc.ston, Manss.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Cbhrleston, S.C.: Chamber of Commeree Building.
Chiego, Ill.: Suite 1700O, 201 North Weclls Street.
CC~tlevland, Ohio: Chamber of Commerce.
Dallas, Texs.: Chamber of Commerce Building.
Detroit, Illichl.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce. Building.
Indialnapolis, Ind.: Chamber of Commerce Build~ing.
Jacksonville, Flia.: Chamber of Commerce Building.
Kansas City, MIo.: 1028 Baltimore Avenue.
Los Ang~eles, Calif.: 1163 South Broadway.
Louisville, Kyg.: Room 405, 421 West M~arket Street.
Mlemphis, Tennt: 266 South W~ater Str~eet.
M\inneapolis, Illnn.: 213 Federal Building.
N'ew Orleans, La.: Room 225-A, Custombouse.
N'ewf York, N.Y'.: 7341 Customhouse.
Nor~folk, V'a.: 406 East Plume Street.
Philadelphia, Pa.: Room 812, 20 South Fifteenth Street.
Pittsbur~gh, Pa.: Chamber of Commnerce9 Buildling.
P'ortland, Oreg.: 215 N~ew Post Office Building.
St. Louis, MIo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle, Wash.: 1406 Vance Building.
CODE OF FAIR COMPETITION FOR THE RETAIL LUMBCER, LURnIEn Pnon-
UCas, BUILDING hIATERIALS) AND I3UILDING SP)ECIALTIES TRADE
An application having been dulyr madle, pursuant, to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16. 1033, for myS approval of a Code of
Fair Comipetiition for the Retail Lumber, Lumber Products, Building
Materials, and Building Specialties Trade, andl hearings having beeni
held th~ereon andl the Administrator having rendered his report con-
taining an analysis of the said Ciode of Fair Comipetition, together
w~ith his recommendations and findings w-ith respect thereto, and the
Administrator having found that the said~ Code of Fair Competition
complies in all respects w~ithi the pertinent provisions of Title I of
said Act and that. the requirements of Clauses (1) and (2) of sub-
section (a) of Section 3 of the said Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President. of thie
United States, pursuant to the authority vested in me by Title I of
the National Industrial Recovery Act, approved June: 16, 1933, and
otherwise, do approve the report andi recommendations and adopt
the findingrs of the Administrator and do order that the said Code of
Fair Competition be andl it is herebyr approved.
FRANKLIN D. ROOSEVELT.
THE ~THITE HOUSeE?
Oc~toberl 3, 1933.
Approval recommended :
HUGH S. JoHNSON,
SEPTEMBER 28, 1933.
The Wthite House.
MrY DEAR lAiR. PRESID)ENT. I have the honor to submit and recom-
mend for your approval the Code of Fair Competition for the Re-
tail Lumber, Lumb;er Products, Building MZaterials, and Building
The followTing exhibits are included or attached:
(1) Final Code Submitted.
(2) Notice of Hearing.
(3) Statement of Procedure.
(4) Transcript of the Records.
(5) Statistical Analysis of the Division of Economic Research
(6) Report of Deputy.
An an:Ilysis of the provisions of the Code has been made by the
Administration. I find that the Code complies with the" require-
ments of Clauses 1 and 2, Subsection (a) of Section 3 of the National
Industrial Recovery Act.
I am, my dear Mr~. President,
Very sincerely yours,
Hnan S. JoHNSON,
CODE OF FATR COMPETITION FOR RETAIL LUMBER,
LUMBER PRODUCTS. BUILDING MATERIAL S, AND
BUILDING SPECIALTIES TRADE
STATEMENT IN TRANSM\ITTAL
The National Retail Lumb~er Dealers Association, representing
the Retail Lumber, Lumiber Products, B~uildlingr Materiails, and2
Building Specialties Tradle throughout the Unitedl States, pursuant
to the authority of the National Recovery Act, and for thle purposes
thereof, hereby submits for the approval of the Pr~esident., the fol-
lowing Code of Fair Competition.
By resolution of the Board of Directors June 17, 1933, concurred
in by the following Associations:
1. Alabama Lumber &~ Building M~aterial Association
2. California Retail Lumubermens Association-Northern Di-
3. Carolina Retail Lumber & Building Manterial Dealers Asso-
4. Florida Lumber &~ Millwork Association
5. Georgia Retail Lumber & Building Supply: Association
6. Illinois Lumber & MCaterial Dealers Association
7. The Retail Lumber Dealers Association of Indiana
8. Kentucky Retail Lumiber Dealers Association
9. Louisiana Retail Lumber & Building M~aterial Dealers Asso-
10. Michigian Retail Lumber Dealers Association
11. Middle Atlantic Lumbermens Association
12. M~ississippi Retail Lumber Dealers Association
13. Mountain States Lumber Dealers Association
14. Nebraskai Lumber Merchants Associat~ion
15. New Jersey Lumbermnens Association
16. New Y~ork; Lumber Trade Association
17. Northeastern Retail Lumbermiens Association
18. Northwestern Lumbermnens Association
19. The Ohio Association of Retail Lumnber Dealers
20. Retail Lum~ber Dealers Association of WVestern Pennsylvania
21. Southwestern Lumbermens Associat~ion
22. Tennessee Lumber, M~illwFork~ & Supply Dealers Association
23. Lumbermens Association of Texas
24. Utah Lumber Dealers Associat.ion
25. Virginia Lumber & Building Supply Dealers Association
26. WVestern Retail Lumbermens Association
27. West Virginia Lumber & Builders Supply Dealers Asso-
28. Wisconsin Retail Lumbermens Association
29. Chicago Retail ]Lumber Dealers Association
30. Wood Products Institute of Greater St. Louis
31. Lumbermens Club of Arizona
32. California Retail Lumbe rme ns Association Southern Di-
AnrTICLE I PURPOSES
To effectuate the polices of Title I of the National Industrial Re-
covery Act, the following provisions are submitted as a Code of Fair
Comnpettiton for the LUMBER, LUMBER PRODUCTS, EUILDING MaTERIALS,
and BUILDINa SPECIALTIES TRADE1 and upon approval by the Presi-
dent, shall be the standard of fair competition for this trade.
1. Lunmber, Lumber Products, Building Mlaterials, and Building
iSpe~cialties.--The term "L lumber, lumber products, building materials,
and building specialties "' as used in this Code is broadly defined to
include all those products used in building and construction work
with thle following exceptions, which are known to the public and
trade as builders' supplies and are included in the Code of Fair
Competition for Dealers in Builders Supplies.
Brick, Mlortars, Ciasement and Steel Sash, Cement and Cement
Products, Cement Pipe, Ceramic Tile, Clay Roof Tile, Common
Brick, Cut Stone, Dampers and Fireplace Accessories, Drain
Tile, Face Brick, Fire Brick and Clay, Glazed Structural Tile,
Gy3psum" Products (except Gypsum Wallboard), Hollow Tile,
Limne and Lime Products, Mesh Reenforcement, Mietal Lath and
kindred products, Mineral Aggr~egates, Mortar and Cement Col-
ors, Molding Plasters, Roof and Flooring Slates, Sewer Pipe,
Flue Lining and other Clay Prodiuct~s, Structural Terra Cotta,
and Waterproofing Compounds.
2. Decalel.--For the purpose of administering this Code, a dealer
is defined, but without limitation, as a person who maintains an
adequate and permanent plant or plants which are properly equipped
for service to the public, with oilice, with storage yard or warehouse,
kept open during business hours, with such handlingp facilities and
sales service as aire commensurate with the nature ofthe business,
and who carries a sufficient, stock of lumber and building materials
(for the purpose of selling at retail in small or large quantities and
not for his own consumption) to supply the general requirements
3. Phersomui3n.- e8n:f'c~rson as used herein includes, without limitation,
any individual, firm, partnership corporation association, trust,
trustee, or receiver subject to the jurisdiction this Code.
4. Emlzployee.--The term "L employee as used herein includes any
person employed by any enterprise engaged in selling at retail lum-
ber or lumber products, building materials, or building specialties as
herein defined in any capacity in the nature of employee irrespective
of the method of payment of his compensation.
5. Emzployer.--The term employer as used herein includes any-
one for whose benefit such an employee is so engaged.
ARTICLE II JURISDICTION
All persons engagedl in the business of selling to contractors or
consumers lumber, lumber produ~cts, building materials, andt buildling
specialties shall be subject to the provisions of this Code andd of the
approved rules andi reguilantions issued thereunder and shall be com-
pelled to adhere thiereto under such penalties as mayS be prescribed
by the law.
ARTIcu: IV HOURS OF LABOR
The maximum hours of labor of employees of persons subject. to
the jurisdiction of this Codee shall not. exceed forty (40) p~er week
in any of thle forty-eighit (48) States or the District of C'olumbia,
with the five exceptions noted below:
A. Executives emnployed in a mlanagerial capacity who are paid
thirty-five ($35.00) D~ollars or more per week; outsiile salesmen and
night and Sunday watchmen, and bra nchl-ra rd- managers, eachl
branch yar~d to be restricted to one branch-yard manager.
B. The maximum hours of labor of employees of dealers emnploy-
ing not more than two (2) persons in towns7 of less than 2,5i@ popula-
tion, which townsn are not pa~rt. of a larger trading area as dlefin~ed in
Article Vr, shall be fort~y-eight (48) per week; provided at. least
sixty-six and two thirds (66") percent of thle sales volume of said
dealers is t~o persons engaged in agriculture; and providled further
that such employees may w~orki more t.han fort.y-eighlt (48) hours per
week if paid time and a half (based on minimum hourly: wage for
the forty hour w~eek as provided in Article V) for all hours in excess
of fortyv-eight (418).
C. Within each State persons subject to the jurisdiction of this
Code shall comply with any laws of such State imposing more strin-
gent requirements regrulaiting the age of employees, w~ages, hours of
work, health, fire, or general working conditions than are imposed
by this Code.
D. Yard foremen shall be permitted to work up to forty-four (44)
hours in any one week-. Hours of labor beyond thiis maximum are to
be paid for on basis of time and one half for every hour worked.
E. The hours for truck drivers and their helpers shall not exceed~
forty-four (44) in any one wFeek except where contracts now in effect
arrived at through collective bargaining are based on longer hours.
In such latter cases the hours shall not exceed forty-eigrht (-iS) in
any one week and the employers shall increase thle hourly rate to the
same proportion that the contract hours bears to forty-eight hours.
Employers shall not reclassify employees so as t~o def eat t.he pur-
poses of the Act.
The maximum number of hours shall be reviewed by the. Code
Authority three months from t~he effective date, and if business con-
ditions warrant it the weekly number of hours which employees shall
work will be shortened so that employment may be spr~ead further.
ARTICLE V--M~INIMIUMI TYAGEs
The weekly wages of all employees receiving more than the mini-
mum wages specified in this Article shall not be reduced, notwfith-
eta~ndingr any preduction in the nulmber of workingr hours of such
Except to might and Sunday watchmen and subject to the excep-
tions noted below, employers shall pay in cities of 500,000 population
or more not less than the minimum rate of wage per bour specified
opposite the division in which such cities are located, nor less than 5
cents per hour less than the minimum rate of wage per hour herein-
below specified apposite each such division in cities of less than
500,000 population or more than 75,000 population, nor less than 10
cents per hiour less than the minimum rate of wage per hour specified
opposite each such div-ision in cities of less than 75,000 population,
unless such cities are in a trade area as hereinafter defined. For the
purposes of this paragraph, population shall be determined by refer-
ence to th~e 1930 Federal Census. The minimum rate per hour herein
provided for shall be applicable to the immediate trade areas of
cities as defined by the Chamber of Commnerce of such cities.
Division 1. Alabamna-35~ cents per hour.
"i 2. Calif~ornia-Northern Division, 45 cents per hour.
"i 3. North and South Carolina--35 cents per hour.
"r 4. Florida--35 cents per hour.
"r 5. Georgia-35 cents per hour.
"e 6. Illinois--15 cents per hour.
"e 7. Indians---45 cents per hour.
"r 8. Kientuck~y--35 cents per hour.
"r 9. Louisiana--35 cents per hour.
10. Lower Peninsula of Michigan-4~5 cents per hour.
11. Eastern Portion of Pennsylvania, Seven Southern
Counties of New Jersey, Delaware, Maryland,
and the District of Columbia--45 cents per hour
except for Delaware, Maryland, and District of
Columbia, which shall be 40 cents per hour.
"' 12. Mlississippi--45 cents per hour.
"' 1;3. Colorado, Wyoming--40O cents per hour.
New MexicG35 cents per hour.
"141. Nebraska-4~5 cents per hour.
"' 15. Fourteen Northern Counties of New Jersey--
45 cents per hour.
"L 16. The City of New York-50i cents per hour.
"L 17. New YTork (Except the City of New Y'ork), Ver-
mont, New Hampshire, Maine, Massachusetts,
Connecticut, Rhode Island, and MlcKean County,
Pennsylvamna---5 cents per hour.
"' 18. Minnesota, North Dakota, South Dakota, Iowa--
45 cents per hour.
"' 19. Ohio---45 cents per hour.
"L 20. WYestern Portion of Pennsylvania----5 cents per
21. Arkansas, Kansas, Mlissouri, Okrlahoma:
Arkansas d5 cents prhour.
Missouri (Except t Louis and St. Louis
County)---45 cents per hour.
Kansas-45 cents per hour.
Oklahomsc4 cents per hour.
Division 22. Tenne~ssee-35 cents per hour.
"L 23. Texas-355 cents per hour.
"' 24. Utah-40O cents per hour.
"L 25j. Virginia-355 cents per hour.
"L 28. 1\ontana, Idaho, Wa~shingt~on, Oregon, Nevada-40l
cents per hour.
27. WTest Virginin--35 cents per hour.
28. Wisconsin and Upper Peninsula of Rlichigan--45
cents per hour.
"L 29. Cook County, Illinois-45 cents per hour.
"' 30). St. Louis and St. Louis County, 1\Iissouri-4-5 cents
"L 31. Arizona-35~ cents per hour.
"L 32. California--Southern Division--40 cents per hour.
Rates of wagres for labor usedl inl the handling and delivery of
lumber and buildings material above the minimum provided in thlis
Article within each metropolitan or urban a rea shall, as to all dealers
in each respective area, be not. less than such rates as shiall be agreed
upon by fthe ma~jority~ of all dlealer~s subject to this C~ode in each
trading area, after th~e approval thereof by the Code Authority and
by the Administrator.
Cleriical andc- office emp2lo~yees.--The weeklyr wagre for C'lerical a7nd
Office Emnployees whose maximuml hours are forty (40)j shall not be
less than that provided by the hourly rates inl Article \'.
The weekly wage for C~lerical and Office Employees pr~ov-ided for
by Paragrap~h B of Article IV~ shall be thle samne as employees whose
maximum hours are for~ty (40)! per weLek and pr~ovidedl that this
and one half shall be paidl for hours in exscess of fortyr-eight (418)
and provided that no such employee shall receive lessj than $12.00U
for such -48 hour week;.
All of the above ratles subject to following exceptions:
1. Office w~orklers under nineteenl (19) years of age and w~ith less
than six months' experience and persons partially dlisabledl shall be
paid not less than 75%~- of thle minimum wvage herein specified, pro-
vided that the total number of persons so dlefinedl shall not exceed
ten (10) percent of the total number of yard, office, andl service
2. Persons emlployed a~s providled for by Paragrraph (B),? Article
IV, shall be paid not less than the minimum hourly rates for forty
(40) hours and time a7nd one half for all hours in1 excess of forty-
eight (418), provided that no such em~ployee shiall receive less than
$12.00 for such forty-eight (48) hour week.
3. It is agreed that. t~he rates hereinabove set forth establish a
guar~anteedd minimum rate of pay regardless of whether the em-
ployee is compensated on the basis of a time rate or on a piecewvork
rate. Each employer shall report to the Admninistrator adjustments
mnade in his piece rate schedule.
ARTICLE VI. CHILD LBBon
It is expressly provided that no employee under sixteen years of
age shall be employed.
No emplloyee under eighteen years of age shall be employed in
handling lumber and building materials, nor employed as an opera-
tor of or as an off bear~er from any woodworking machinery.
To flr~ther effectuate the policies of the Act, a Code! Authority
(which is referred to as the Code Authority) is hereby set up to
coop~erate with the Ad~ministrator in the administration of this
1. Organization andn Colstiftution. of the Code AutfhOrI'ty.--For the
purposes of the administration of this Code, the National Retail
Lumber Dealer~s Association shall establish and empower a suitable
agency herein referred to as the Code Authority to assist the Na-
tional Recovery Administration in administering the provisions of
this Code. The Code Authority shall consist of one member from
each of the constituent Divisions of the Association to be elected by
fair and reasonable methods by the respective Divisions; it shall
be emlpower~ed to elect. two additional memlber~s at large to the afore-
said Code Authority. The Administrator may appoint not more
than three (3) nonvoting members of said Code Authority to serve
as hiis repres~entatives thereon or as representatives of such other
groups as he may see fit to designate.
The C~ode~ Aut~hority shall establish Divisions of the lumber and
buildings material trade and shall appoint appropriate agencies (as
statedl in Article VII, Section 3) for the administration of this Code
in each Division or Subdivision; the Code Authority shaHl delegate
to said agencies all necessary power and authority for the adminis-
tration of thiis Cod-e within the Divisions and Subdivisions, including
thle adloptioni of Divisional and Subdivisional rules and regulations
no~t inconsistent with this Code and subject to the approval of the Ad-
minlistrat~or, but shall reserve and retain the power to administer the
provisions of this Code.
Thle aforesaid Code Authority shall be empowered to a~ct in re-
spect of all matters before the C'ode Authority and within its juris-
diction. Th~e Code Authority shall have the powers and duties as
provided herein, provided, however, that the aforesaid Code Au-
th~ority shall reserve the power to make final recommendation as to
any matters relating to the administration of this Code; and in addi-
tion thereto it shall-
A. M~ake rules and regulations and interpretations, including Rules
of Fair C'ompetition necessary for the administration of this Code,
which rules, regulations, and interpretations shall be subject to the
approval of thle Administrator, and designate such agents and dele-
gante such author~ityv to them as may .be necessary to effectuate the
purposes and to administer the provisions of this Code.
B3. From time to timne require such reports from Divisions as in its
judgmiient or in the judgment of the Administrator shall be neces-
suryg to adlvis~e it adequately of the Administration and operation of
the p~rovisions of this Code.
C. UTpon compllaint of interested Divisions, or upon request of the
Admlnin ist rator, or uipon its own initiative make such inquiry and
investigation as to thle operation of thle Code as may be necessary.
D. The Code Authority shall be. cha~rged with the administration
of t~he provisions of this Code, and with the duties through agents or
otherwise of hearings and adljusting complaints, co-nsidleringr pro-
posals for amendment of this Cod~e, makling recomnmendations~ thereon,
and otherwise adnuniristeringa its priovisions..
E. The Code Authority shall be iiiempoered to- consider and makes
a recommendation with respect to aybec fti oeo n
dispute arising as a result of same. Thisnh ftli Code Auhoit may i i
sees fit, cite anyl dealer operating w~ithinl its jurisdliction to the
Administrator, for such action as the law may provide. The Codel
Authority shall emipower and authorize eachl D~ivision to~ maintain an
Arbitration C'ommiittee of such numnber as it mayn detcide; such comn-
mittee may include one person who is not an Association member.
Anyr breach of this Code or any! dispute arisiing as thie result of this
Code within the junrisdiction of' a Division mnay be referred to the
Di visional Commiittee for considlerat ion a nd recommnendat ion. This
Divisional Committee after full hear~ingr and upon finldinrg any dealer
operating within thle jurlisdictionl of said Division guilty' of breachl
as reported mayr cite such dealer to the adlministrator for such nation
as the law mayFEf"tk p provide.
F. Te Cde authority may delegate any of its authority to the
Executive Committee her~einafter providled for.
G. The provisions of Schedule A shall, so far as they dlitler fr~om
provisions of tthis Code, be controlling in Division 29.
2. Joinlt DeaTclers in Lumbeztr~ andl Buildersa Supplies.--For the?
administration of this Codle in th~e case of dealers inl lumber, lumber
pm~irouts,~ buldjinga materials, andl buildlingr sp~ecialties, whether inl
whole or in part, who ar~e mnemibers of the National Federation of
Builders Supplyl~ Associatio~ns and who are not also members o-f the
National Retail Lumb)er Dealers Association, the Code Authority
shall appoint as its agrent andl repr~esentativ~e the samei agent or r~epre-
sentative as shall have been appointed by the Code Authority of thle
Builders Suplplies Trande.
3. Divitsi~ons~.-For~l the purpose of the administration of this C'ole,
the Code Authority shall dlividle the country into 39 Divisions as set
1. ALABAMA-A~labama Lumb~er & Building M~aterial Associatioin.
2. CArronxxx~- (Northernl Division) Californian Retail Lumber--
3. NORTH AND SorUTI CAROLINA--CR rOlinaR Retail Lum~ber & BuildZ-
ing Mfaterial Dealers Association.
4. FLORIDA--FlOrida Lumber & MCillwork Association.
5. GEORGLA--Georgia Retail Lumiber anid Building~ Supply Asso-
6. ILLINOls--(Except Cook County) Illinlois Lumllber and Mlaterial
7. INDIANA-Thhe Retail Lumber Dealers Association of Indiania.
8. KLENiTUCKY- Kentucky Retail Lumb~er Dealer~s Association.
9. LomsIbNa--Louisian a Rtail Lumiber & Building Mlaterial
10. LOWER PENINSULA OF BIlCHIGAN-M\ichiganI Retail Lumb~er
11. E~ASTEIRN PO)RTIO~N OF PENNBYLV'ANIA, SEVEN SOUTHERN COUN-
TIES OF PLEW rER~SEY, DELAWVARE, hltARYLAND, AND THE DISTRICr OF
C'owavrmra- Middlel Atlantic L~umbermens Association.
12. MIISssIIrrr-- AlissisSippi Retail Lumber Dealers Association.
13. C'oLoa~nul. W~ro~: isa, NEW 1AfEXICO- ~Ounltain States Lumber
141. h'NEBK.1-N\- ebras ka Lumber Mrcha nts Association.
15. N'Ew JERSEY (F OURTEE N PNORTH-ERN COUN'TIES)--NOW JerSef
16i. TH~E CITY OF NEW YORK--New Y'ork Lulmber Trade Associa-
17. NEW EIORK (EXCEFP THIE CITYY OF NEW EIORKZ), VERMIONT, NEW
HAMrPSHIRE, I\IAINE, 111ASSACHUSE'PFS, CONNECTICUT, RHODE ISLAND,
A ND MlcKEA~N COUT~NTY~, PEN N5PYLVNIA-Nortfheastern Retail Lumn-
18. MIlNNESOTA~, NORTH DAKOTA. Sorrra DAKOTA, Io0WA--NOrth-
w-estern Lu~mbermens Association.
19. OI-rI- The Ohiio Association of Retail Lumber Dealers.
20. WIESTERN PORTION OF PENNSYLVANTA--Retail Lumber Dealers
Alssocintion of W\ester~n Pennsylvania.
21. Mi~ssoval EXCEPTT ST. LOUIS AND ST. Louis CounTY), ARKAN-
s~xs, OKLAHOMj~A, KdN s.\s-Southwestern Lumbermens Association.
2~2.'E TENNESEE-- TPHOOSes ee Lumber, M~illwrorkr & Supply Dealers
23. TEXAS.---Lumb~ermens Association of Texas.
24. UITAH- Utsh Lumber Dealers Association.
25. VIRGINI A--flfglin ia Lumnber &~ B~uild ing Supply Dealers Asso-
20;. MOlVTANB, IDAHO, TVASHINGTON, OREGON, nTEVADA- YO~Stern Re-
tail Lulmbrmenss Association.
27. W~EST VIRGINIa- YOeSt Virginia Lumlber &~ Builders Supply
28. TVISCONSIN AND UPPER PENINSULA OF MTCHIGAN- "'SCOH~ns
Retail Lumnbermnens Association.
'29. COOK CIOUNTY? ILLINOIs-Chicago Retail Lumber Dealers Asso-
30. ST. LOUIS AND ST. Lours CoUNwY, MfIssounz-Wood Products
Institute of Greater St. Louis.
31. Am-RzoxA--LumIbermens Club of Arizona.
32. CAuFRonwrA (Southern Division) California Retail Lumber-
The Code Authority may establish other Divisions and define the
territories to be covered by them. Such Divisions shall be afforded
representation on thle Code Authority.
4. Failure to Perlfourn.--If any established Divisions shall fail to
perform its obligations as outlined herein, the Ciode Authority may
upon complaint act as a Division Committee for the purpose of secur-
ing the adoption of standards and performance conforming to the
provisions of the Code. Due advance notice shall be given to the
Division or Divisions of such proposals and a rpyrequested. Divi-
sions affected shall be notified of the action tknin the premises
and~ shall thereafter promptly comply with such determination.
Proposals regarding matters affectingi more than one Divisioni mal~y
be initiated byv any Div-ision, and shall be submittedl for consideration
to the Clode Authority, and its determination shall be bindi~in:: u-Pon
such D~ivision or Divisions.
5. Executive Commllittee.--The Code Authority shall apploinlt. fromi
its own membership, an Execut~ive Commiiittee o.f five (5T) mnemnbe~..
Thle Executive Commrittcee shall exercise suich nuthority as mov' have\
been delegated to it by the Code Auth~orityr except that thic Excautiv-e
Committee shall not. make recommrelrnations for the amendm~lIienrt
this Code unless recomnmenda~tions for such amiendments hav~e beecn
approved in writing by twFo thirds (%5) of the mlembers~ of thet C'ode
The Executive Committee shall serve as the executive agcncy' of th~e
Communications and conferences of the retail lumbnler and build-
ing material trade with the President or with hiis agents concerning
the amiendmnent of' thiis Codle or any of its provisions or anyr matters
relating thereto miay be through the Executive Committee.
6. Joinit Intferpltretationi Commlnittees.-- The Code Auth-ority shall
empower and auithorize each division to create, in cooperationl withl
the appropriate division under the Co-de of Fair Competition for
Dealers in Builders Supplies~, a Joint. Interpretation Commiittee w~ith~
equal r~epr~esentation of su~ch number as the resp~eCtive Divisions shall
determine; this committee shall be empowered to interpret the pr~o-
visions of the tradle-pr1actice Irules of thle C'ode of Fair C'ompetition
for Dealers inl Buicldersc Sulpplies and of this Codelt insofar as such
rules aff~ect. dealers in lumber and building maiiter~ial.ThsCm
mittee shall coordinate t~rade-practice regulations of dliv-iions andi
subdivisions under th~e Codes of Fair Coimpetition aforesaid wheln-
ever necessa ry. The inlterpretation and decisions of this Joint Com-
mittee shall b~e subject to appeal as hereinafter pr~ovidedl.
The Code Authorit~y shall create a N~ational Joint. TIterp~retation
Committees with equal representation in cooperation w~ith t~he ap-
prorite ursditinalauhortyunder thle Code of Fair Compe-
tition for Dealers in Builders Sple ossigo uhnme
as the Codle Auth~ority of this Code and the jurisdictional author~ity
under the Code of Fair Comnpetition for Dealers in Buiildlers Sup-
plies shall jointly determine. This C~ommiittee shall review appeals
made from determiination of the joint interpretation committees
created by the agencies of the respective Divisions as aforesaid. The
decision of such Joint Inter~pretation Committee shall be subject to
review, as prescribed by the Administrator, in accordance with law.
7. Reports and Expelses.--In order that t~he Pr~esident may be
informed of the observance of the provisions of this Code andl of
the extent to which the declared policy of the National Industr~ial
Recovery Act is made effective in the lumber andt buiilding material
trade, the Code Authority shall make such reports as thle Admiinis-
trator may require periodically or as often as hie may dlirect. P~er-
sons subject to the jurisdiction of this Codle shall, at its request,
make to the Code Authority or to the respectivec Divisionls suich
sworn or unsworn reports as the Code Aulthority dleemls necessary~
on volume of sales, value of inventor cost of doling busiiiness, num-11
ber of empTloyees, wage rates, hours worked, and other data, pertinent
to thle purp~oses of thiis Code.
Any andi all information furnished to the Code Authority shall
be dee~medl confidential and shall not be divulged to any member
of the indutr~~!y except in summary, but shall be available to the
Admlinistrator upon request or to the Code Authority or to any
D~ivisional or Subdivisional agency where necessary to administer
thec provisions of thiis Crode.
In addition to information required to be submitted to the Code
Authority, there shall be furnished to government agencies such
statistical information as the Administrator may deem necessary for
the purp'lose recited in Section 3 (a) of the National Industrial Re-
The Code AuthorityV shall admit or cause to be admitted to par-
ticipation in this Coae any person on terms of equality with all
other per~sonns prtricipt~ing therein; and each person subject to the
jurisdiction of this Code and accepting the benefits of the activities
of the Code Authority shall pay his proportionate share of the
amounts necessary to furnish such benefits.
T'he reasonable share of the expense of the initiation, approval,
and administration of this Code to be borne by persons subject
thereto shall be determined by the Code Authority, subject to review
by the Administrator, upon t~he basis of volume of~ business and such
other factors as it, may deem equitable to take into consideration.
WVhen the administration of this Code is delegates by the Code
Authority of this Code to the agent appointed by thle appropriate
authority of the Code of Fair Competition for Dealers in Builders'
Supplies t-he pro rata cost of admimnstration shall be the same as for
all other dealers in lumber, lumber products, building materials, and
buiilding specialties, but shall be paid to the appropriate authority
of the C'ode of Fair Competition for Dealers in Builders' Supplies
to be used by them in the administration of this Code and the Code
of Fair Competition for Dealers in Builders' Supplies.
8. Certificarte of Comlpliance.--Each person subject to this Cod~e
shall submit~ to the Code Authorit~yor to it~s authorized administering
agency within each Division upon demand, but not more frequently
than mnonthily, an affidavit properly executed before a Notary Public,
certifying that, he has complied with the provisions of this Code as
to rates of wages, hours of labor and all other rules of this Code
as set forth in this Code. These atidav~its shall be filed with the Code
Authority or with the authorized administering agency of the re-
spective Divisions and shall be available at all times to the inspection
of the Presidlent of the United States or his authorized representative.
9. AilcIounfting.-Each dealer subject to the jurisdiction of this
Code shall maintain such simplified, unified system of accounting as
thle Code Authority may deem adequate to provide the necessary
facts for the development of cost data and for the determination of
the cost of doing business and as the Administrator may approve.
The factors t~o be included in any determination of cost under this
Code shall be approved by the A~dministrator.
ARTICLE VIII UNFAIR R'IETHlODS OF COMlPETITION
1. Terms of Sale.--The appropriate agencies estab~lishedi byv the
various Divisions shall have the auithority to f-ormnulate uniforml l rulles
and regulations governiing terms of sale and~ colleCtionI of a~ccolnts
within their respective jurisdiction subject to thle aipprovall of the
Code Authority and the Admiinistrator. Thle failure to adhetre to
such terms of sales and enforce collections thlereunlder is hereby
declared to be an unfair method of competition.
2. Conditions of Sale--Estimantes anid Qulotatio~n~s.-A;. All prices,
terms, and conditions of sale as developed under th~e uniforms cost
accounting system or established by appropriate rule or regulation
within any trade area shall be published by each dealer wTithini eachi
trade area and shall be filed wvith the Code A-uthorit.y~ or its dlelegrated
agent. Any deviationi from such published prices, terms, aind condi-
tions of sale until new prices, terms, and conditions of sale shall have
been published and filed shall be construed as unfair methods of
B. A dealer, upon request of the Clode Authority, shall furnish to
the said Code Authorityr or its duly constituted agent a list of items
included in estimates or quotations showing the exact quantity, grade,
species, quality, or brand of each item of merchandise and the exact
sales price of each unit listed and proof of the quantity dleliverecd.
3. Breach of Contract.--The wilful interference by any dlealer by
any means whatsoever w~ith any existingf sale between any dealer and
his customer which has the effect of attracting~ business away from
t~he dealer interfered w-ith is hereby declared to be an unfair method
4. Commercial Bribery.--The granting of grantuit~ies, special dis-
counts, secret rebates, advertising allowances, free samples of com-
mercial size, special services, the issuance of false invoices or
quotations, or the granting of undue allowances or other special
inducements is hereby declared to be an unfair method of competi-
5. Guaranteed Prodlu~cts.--Any statement which shall be made,
either oral, written, or printed, for the purpose of having the effect
of misleading or deceiving purchasers with respect to the quantity,
quality, grade, brand, or substance of the goods purchased is hereby
declared to be an unfair method of competition.
6. Susbstitutionz.--A. The practice of selling or offering for sale
nonstandard grades, sizes, dimensions, or classifications of lumber
and building materials as standard or of substituting inferior grades,
sizes, dimensions? or classifications of lumber and building materials
belowv specifications for the purpose of evading; the provisions of
this paragraph, is hereby declared to be an unfair method of
B. The failure to include in retail bids and estimates the true
grades and species of materials to be supplied and the failure to sup-
ply the true grades and species estimated or bid upon is hereby de-
clared to be an unfair method of competition.
7. Grade Marking.--(a) Wi~hen thle provitions for the marrkinji or
branding of lumber and timber products, as required by Article XVI
(b) and (c) of the code of Fa~ir Compl-etition of thec Lumber and
Timber Products Industries, approved by the President August 19
1933, shall be put into effect, as provided therein, the purchase o~
lumber or timber products not marked or branded in accordance
with said provisions is hereby declared to be an unfair method of
com pet it1ion.
(b_) N'o person engargedl in the distribution of lumber and timber
p products ait retail shall change, obliterate, remove, make substitu-
tion for, or othePrwise disturb the marks or brands placed on lum-
ber and timiber products in accordance with said provisions, ex-
cepting: only as such marks or brands are removed in the normal
pro'cesses of planingr and fabr~icating. The violation of this rule
is hereby declaredl to be an unfair method of competition.
8. C'ost.--No person shall sell lumber, luimber prilroduts, building
materials or building specialties as herein defined, below cost. For
the purpose of this paragraph, cost is defined to include the actual
cost of mer~chandise to the seller plus actual overhead. Overhead
shall include actual disbursed expense involved in selling and de-
livering merchandise as determined by accounting methods approved
by the Code Authority and the Admninistrator, in accordance with
Article VII, paragraph 9 of this Code, and shall be computed by
the statistical mode method. If at any time t~he Code Authority
desires to change this method of computing costs, application shall
be made to the Administrator for a revision of the factors to be
included in the deetermination of costs, or for a revision of the
methods by whichl such factors are determiined, or both, or if at any
time the Aldministrator, upon his own initiative, desires to change
this method of computing costs, he may mak-e such appropriate re-
visions thereof as he may deem necessary.
9. Defamactionz of Cons~petitors.-Dle famIat.ion of competitors, d is-
paragmia statements, directly or indirectly by wFords or acts which
untruthfu~lly reflect on a competitor, his service, credit standing,
quality of merchandise, or conditions of employment, is hereby
declared to be an unfair method of competition.
10. Intrclfer~en ec wLith Employees.--I nducing a competitor's sales-
man or creditman to leave his employment fbor the purpose of in-
juring a competitor's business, is hereby declared to be an unfair
method of competition.
11. Ta~nsit Stock.--The purchase or acceptance of lumber, lumber
products, buildings materials, or building specialties, shipped on con-
signment or placed in transit via rail or water thirty days after the
approval of this Codle without a previous order or contract therefore
by a, purchaser subject to the provisions of this Code shall constitute
an unfair method of competition.
1. Collectiv~e Bargaining.--All employees shall have the right to
collective bargaining on the basis set up in Section 7I (a) of the
National Industrial Recovery Act, and employment shall be on the
basis prescribed as follows:
A. That employees shall have the right to organize and bargain
collectively, through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in t.he designation of such representatives or in
self-organization or in other concerted activities for th~e purp~lose of
collective bargaining or other murtual aid or protection;
B. That no employee and no one seeking employment shall be
required as a condition of emnploylment to join any company union or
to reframn from jolming, organizing, or assisting a labor organization
of his own choosing; and
C. That employers shall comply with the mnaximumn hours of Inbor,
minimum rates ojf pay, and other conditions of employment apIproved
or prescribed by the Presidlent.
2. Special agree~rmen ts~.-Volunta ry agreements, or proposed vol un -
tary agreements, between dealers engag~ed in the distribution of lum-
ber and building materials or between and among organizations or
groups in the lumber and building material trade or in which suich
dealers, organizations, or groups propose to participate as provided
in Title I, Section 4 (a) of the National Industrial Recovery. Act,
shall be not in conflict with the provisions of this Code or with any
approved rule issued thereunder.
Such agreements or proposed agreements shall be submitted to the
Code Authority and if not disapproved by it within thirty days as
being in conflict with the provisions of this Code. they may t~hereafter
be submitted to the President for approval, buot no dealer engagerd in
the distribution of lumber and building-materials shall participate
in anyr such agreement which has been determined by the Code
Authority to be in confict with the provisions of this Code.
3. MWonopolies.-T'his Code shall not be construed, interpreted, or
administered so as to permit monopolies or monopolistic practices
and shall not be availed of for that. purpose.
Thie provisions of this Code shall not b~e so construed, interpreted,
or administered as to eliminate or oppress small enterprises or to
discriminate against them.
4i. Memb~ership.-No inequitable restrictions on admission to mem-
bership, shanll be imposed by the National Retail Lumnber Dealers
Association or any of its constituent Divisionis hereina after preferred to.
5. Arlbit~iration.,- The use of arbitration in the settlement of comn-
mnercial disputes between employers or between buyers and sellers
under the arbitration rules of the Amlerican Arb~itration Association
is recognized as an economical and effective method of adjuisting
business controversies. Any complaint, dif-ference, controversy, or
question of fair competition which may arise between a membe~tr o.f
this t~rnde and- a member of any other indlustry or trade under or
out of this Code, of a code of 'Fair Clompetition adopted by such
other industry, or any question involving a conflict between provisions
of this Code and of any other Code affecting this industry, may be
submitted to arbitration under the rules of the American Arbitration
6. Amendment, Oancellation, and M2odifecation.--A. Amendments
to this Code may be proposed to the Code Authority by any Division
and when approved by the said Code Authority shall be effective,
upon the approval of the President.
B. This Code or any of its provisions shall be cancelled or modified
and any approved rule issued thereunder shall be ineffective to thle
extent necessary to conform to any action by the President under
Section 10 (b~) of the N'ational Industrial Recovery Act in cancella-
tion or mnodlifintion of any border, approval, license, rule or regulation
C1. Any decision, rule, reguilation, orrder, or findings made, or course
of action followedl. pursuant to the provisions of this Code mray be
cancelled or modlifiedi by the Administrator upon complaint of any
interestedl party through~ the Code Authority, or upon his own in-
itiative, whecnever he shall determine such cancellation or modifica-
t~ion necessary to eilectuate the provisions of the National Recovery
7. S upplt7lementall Code P~o visio~ns.--Su pplemental Code provisions
affecting or pertaining to Divisions and Subdivisions may be filed
with the Code Authority and if not inconsistent with the provisions
of this Code may be recommended by it to the Administrator. When
approved by the Administrator such supplements shall have the
same .force and effct as any other provisions of this Code.
8. Appeal.--Any interested party shall have the right of complaint
to any subdivision agency and of prompt hearing and decision
thereonl in respect of any decision, rule, regulation, order, finding, or
course of action of said agency. Such complaint and hearing shall be
in accordance with such rules and regulations as said agency may
prescribe. The decision of said agency may be appealed by any
interested party to the division agencyT.
Any interested party shall have the right of complaint to any
division agency and of prompt hearing and decision thereon under
such rules and regulations as said agency may prescribe in respect
of any decision, rule, regulation, order, findinga, or course of action of
said agency. The decision of said agency may be appealed by any
interested party to the Code Authority.
Any interested party shall have the right of complaint to t~he Code
Authority and of prompt hearing and decision thereon, under such
rules and regulations as it shall prescribe in respect of any decision,
rulee, regulation, order, finding, or course of action of the said Code
'Authority. The decision of said Code Authority may be appealed
by any: interested party to the Administrator.
Any party desiring to appeal from action by the Code Authority
shall within ten (10) days after said judgment or decision serve
written notice upon the Code Authority of his intention to appeal and
file a copy of said notice with the Executive Committee for tratns-
mittal to the Administrator of the National Industrial Recovery Act,
'requesting a date and place for hearing said appeal.
9. Violations.-Violation by any person subject thereto of any
provision of this Code or of any approved rule issued thereunder,
or of any agreement entered into by him under this Code, oran
false statement or report made to the President or to the ~Code
Authority, or to any Division or Subdivision agency established under
this Code, shall after determination thereon by the Administrator,
constitute an unfair method of competition and the off ender shall
be subject to the penalties provided by the National Industrial
ARTICLE X--EFFECTIV'E DATE
This Code and the amendmnents ther~eto shall become eiffctive on
the tenth day after its approval by the President.
Respectfully submitted for acceptance by the Presidenlt of thie
United States, by,
NATIONAL RETAIL LUMBER DE~LERs ASSOCIATION,
By SPENCER D. BASLDWIN, Pre~s.CBidt.
FRANK CARNAHA~N, Secretary.
SUPPLEMZENTAL CODE--PaovisloNs APrLucaBLE To DIvIslow 29 (C~oox Couxrr
WAGES ANPD HOURs OF LABOB
1. When the aggregate volume of business of the lumber retailers at that
time in business in Cook County, Illinois, who were in business as lumber
retailers in Cook; County, Illinois, in the calendar year 192~6, shall reach 50%~'
of the volume of business done by such dealers in said year 1926, all the retail
lumber dealers in Cook County, Illinois, shall reorganize their offce and yard
forces not then connected with any Union, so as to increase wages and salaries
and give employment to more persons. For the present, as to employees who
are members of Labor U~nions, agreements regarding wages and hours of
employ'ment shall be continued so long as they remain mutually satisfactory.
Pending the increase in vollume of business to the 50%0 hereinbefore referred to,
the Emergency Control Committee, hereinafter referred to, shall undertake to
formulate plans in respect to, thle limitation of hours of labor, minimum wage,
and other working conditions, so that as price realization and volume of busi-
ness increase .salar~ies and w~agies can be concurrently increased, and, where
necessary, labor conditions improved. The standards established by the Emer-
gency Control Committee as hereinafter described and approved by the Admin-
istrator shiall be binding on all retail lumber dealers in Cook County, Illinois,
including standards as to maximum hours of labor, minimum rates of pay and
workings conditions. The provisions of this section are in addition and not in
substitution for thle provisions of Articles IV and V of this Code.
MIEMBERSHIP IN THE CHICAGO RETAIL LUMIBER DEALE~RS A880CIATION
2. Any employer regularly engaged in the retail lumber business in Cook
County, Illinois, may become a member of the Chicago Retail Lumber Dealers
Association. Each member shall be entitled to one vote only. All applications
for membership shall be made in writing to the Secretary; the Emergency
Control Committee shall act on such applications speedily and no applicant
shall be refused election who is an employer in Cook County, Illinois, as-the
term employer is defined in this Code.
In the case of members, other- than individuals, such firms or corporations
shall, from time to time, notify the Secretary as to what individual or indi-
viduals w~ill represent them at meetings. The word frm shall include
common-law trusts. Such individuals shall be eligible to membership on the
Emergency Control Committee.
EJMERGENYCY CONTROL COMMIITrl!E
3. The administration and promotion of this Code in Division 20 is vested in
a Coordinlatinlg Comlmittee of Seven, the title of which is Emergency Control
Committee, and which is to be selected geographically, so far as possible, from
among the members of the Association. When a member of the Committee:
ceases to represent the firm or corporation which he represented when he was
elected to the Committee his membership in the Committee shall cease. Within
ten days after this Code becomes effective a meeting of the members of the
Association shall be called by J. WV. Embree, Jr., who is hereby named the
Convener for that purpose, at which the members of said Emergency Control
Committee shall be elected by fair and reasonable methods by the members of
the Association present. To which committee there shall be elected one of the
three National Recovery Administrator members of the Code Authority provided
for in Section I, Art. VII.
A majority of the members of the Association shall be necessary to constitute
a quorum. At sulch meeting the members of the Association present may adopt
rules and regulations for the conducting of the business of the Chicago R~etaiil
Lumber Dealers Association during the emergency, wrhichl rules and regulations,,
however, shall be in furthierance of and not in conflict with thle p~ro~isions o~f
this Code, and shall be subject to the approval of the Admninis;tra1tor. The
Emergency Control Commiittee shall also act as a fact-finding committee, thle
purpose of which shall be to develop such information as the President of thle
United States, the National Recovery Administration, or the Federal Tradle
Commission may require in order to carry out thle proivisions of the Act.
Thle officers of the Emergency Control Committee shall be n P~resident, a Viae
President, a Secretary, a Treasurer, and such other offiers, agents, and emn-
ployees as the Emergency Control Commiittee shall thlerenfter find to be neces-
sary. Such Secretary and Treasurer shall, by suchl election, become and be,
respectively, the Secretary and Trealsurer of the Chic~agol Retail Lumbler Dealers
Association. The President, Vice Presid~ent, and Treasurer shall be retail Inm-
ber dealers and members of the Emergency Co.ntrojl Comnmittee. Thle Secretary
need not be either a member of the Committee or a retail lumber dealer.
At any time after this Code shall have been in effect for six months a
special meeting of the Association may be called by a petition in writing filed
with the Secretary and signed by not less thani 25%~ of thle members of thle
Association, at which meeting any member or members of thle Emergencyg Con-
trol Committee may, by a majority vote of those present, be dleprived of his
offce as a member of such committee, and his suc~cessor may~ be elected. Such
petition shall name the da~te and place of the meeting alnd the Secretary sh~all
issue the call by mailing a copy thereof to each member w'ith~in 48 hours after
such petition is filed in his office. Unless a member of the Emergecncy, Contrlcl
Committee is so superseded he shall continue to serve as such member until
June 16, 1935. unless prior to that time he ceases to be or' to represent an em-
ployer in Cook County, Illinois.
Vacancies in the Emergency Control Committee caused by death, resignation,
ceasing to be an employer dealer in Cook Coiunty, Illinois, or eensing to represent
the employer which he represented at the time of his~ election, shall be filled
by the majority of the members of the Emergeury Control COimmittee then
remaining in office and persons elected to fill vancancies shall, except as other-
wise herein provided, serve until June 16, 19.35.
4. Consumrner Pr'otectiol.--The Emlergency Control Committee shall plrovide
means for polic~ing sales so that the consumer1~l .ihall receiv-e thc k~indl. thle
species, the grade. and the feetage of lumber rcoveredl by his puirchase contract.
Sales shall also be policed through the employment in Enid Colunty of a
lumber institute, free and independent of the control of any employer or group,
or association of such employers in the Chicngor area or elsewhere, which
institute on the app~lie~ntion olf any prospective co:nsu~mer or c~u4tomer for lumber
shall, without exp~ense to such customer or consumer, advl\ise hlim as to thle
proper lumber to be purchased by him to mee~t the stately nee~ds and requircemets
of said prospective customer.
5. Reports.--Each employer in Coo~k County, Illinisci, shiall mnke such reports
to the Emergency Control Committee as it may require for the administration
and promotion of the provislous and purposes of this Code in Cook County.
6. Erpe~nse.-Emuployers subject to the jurisdiction of Schedule A of this
Code w~ho are complying with the requirements of this Code and of this Sched-
ule A and whbo agree in writing, either individually or through the Chicago
Retail Lumber Dealers Association of which they are members, to abide by
the requirements of this Code and of this Schedlule A, and to pay their renson-
able share of the expenses incident to the initiation, approval, and administra-
tion thereof, shall be entitled to the benefits of the activities of the Code Au-
thority and of the Emergency Control Committee thereunder and to make use
of the National Recovery Administration Code insignia.
The reasonable share of the expenses of initiation, approval, and administra-
tion of this Code and this Schedule to be borne by emnployers subject thereto
shall be determined by the Code Aruthlority and the Emergency Control Com-
mlttee, subject to review of the Administrator, upon the basis of volume of
business, and such other factors as may be deemed equitable to be taken into
7. The follow-ing are specifically stated as unfair methods of competition:
(a) Thle consignment of unordered lumber to a possible buyer; the forward-
ing of lumber whlich has not actually been sold.
(b) The effrecting of adjustment of claims w~ith purchasers of lumber in such
manner as to grannt secret aIllowafnce~s, secret rebates, or secret concessions.
(c) In the event of change in published prices of lumber, the giving in any
form of adjustments, allowannces, discoulnts, credits, or refunds to purchasers
or sellers of lumber, for the purpose of, or with the effect, of altering retro-
actively the priice quoted, in such a manner as to create price discrimination.
(d) The pre-dat~ing or the post-dating of any involicee or contract for the
purclasee or sale of lumber.
(e) Terms of Saile shall be open andl strictly adlhered to. The payment or
allowannce in connection with any sale of secret rebates, refunds, cr-edits, or
unearnedl discounts, whether in the form of money or otherwise, or extending
to certain purchansers such services or privileges not extended to all purchasers
under like terms andl conditions.
(f) Attemp~ts to purchase business, or obtain information concerning a
competitor's b-usiness. by gifts or bribes.
(g) The intentional misrepresentation of quality suitable for purchases, or
making or' causPingr, or permitting to be made, or publishing, or any false,
untrue, muisleading, or deceptive statement, by w~ay of advertisement, invoice,
or otherwise, concerning the size, quantity', character, nature, preparation,
or origin of any lumiber bought or sold.
(h) The making of, causing or permitting to be made. of any false or
deceptive statement, either written or oral, of or concerning the business policy
of a competitor, his product, selling price, financial, business, or personal
(i) The unauthorized use, either in written or oral forms, of trade marks,
trade names, slogans, or advertising matter already adopted by a competitor.
(j) Inducing or attempting to induce, by any means or device whatsoever,
the breach of contract between a competitor and his customer during the
term of such contract.
PROVISION TO PREvENT MIONOPOLIES AND MONOPOLISTIC PRACTICES
8. No methods except those of ordinary competition shall be resorted to
to prevent shipments of lumber into Cook County, Illinois, from other dis-
tributing po~ints. This provision is in addition to the provisions contained in
this Code under the article entitled Ethics."
UNIVERSITY OF FLORIDA
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