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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
SAW SERVICE INDUSTRY
AS SUBMITTED ON AUG UST 26, 1933
REGISTRY' No. 1149-10
The Code for the Saw Service Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
GOVERNMENT PRINTING OFFICE
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TENTATIVE CODE O1F` FAIR COMPETITION ]FOIR
SAW SERVICE I~NDU'STR1Y
ARTICLE 1 PU~RPOSE
This Code is set up pursuannt to the requir~ements of the N~atio~nal
Industrial Recoveryr Act, for the purpose of increasing emplloymlent
establishingr fair and adequate wages, improving standards of labor,
.granting the! right of collective bu raining to employees and appli-
cants for emplloyment, eliminating~ unfair trande practices, and suchr
other purposes as may be requir~edl by the duly const~ituteed admninis-
'trative director of the Act, to the end of rehab~ilitatingr the :Saw
-Service Industry and enabling it to do its part toward establishing;
that balance of industries which is necessary to the restoration andi
maintenance, of the highest degree of public welfare.
It is the declared purpose of the Saw Service Indu~stry, and 'ad-
herent to this Code, to bring, insofar as may be practical, the rates of
wages within the I~ndustr~y to such levels as are necessary for the cre-
:ation and maintenance of the highest practical standards of living;
to restore the income of enterprise wiPithin th~e Industry to levels
which wCill make possible the payrument of such wages and avoid the
further depletion and dtestructlon of capital assets; and to makse
provision for the! periodical revision of wages mn such mnnamer as will
reflect the equitable adjustment to variations in the cost of living.
AEnyr individual, firm, partnership>, or cor~por~ation, whose principal
business is servicingr, exchanging, lending, or leasing -meat-saw
frames, blades, meat-chopper plates, or meat-chopper knives herein-
after called equipment shall, for the purpose of this Code, be dleemedl
a member of this Industry.
The Committee on. Trade Pra~ctic~es for the Saw Service Industry
shall consist of five members elected by the U~nited Saw Servrice Ais-
sociation. Said Commnit~tee shall act in behalf of the Indlustr~y for
the purpose of administering the provisions of the Code; to secure
adherence thereto; to hear and adjust complaints; to consider pro-
posals for amendments thereof andl exceptions th~ereto; to formluliate
plans for suib-adlmi nistrat ive organIIiza tions, and ot herw~ise to ca rry
out for the Industryv thie purpose of the National Industr~ial `Recovery
-Act as set forth in this C~ode.
SECTIONu T. Tlhe Committee on Trade Practices for the Saw Service
Industry shall be the general planning and coordinating agents for
the Industry. Its members shall be empowered to act conclusively
mn respect to all matters before it and within its jurisdiction. The
Committee shall have powers and duties as provided herein, and in
addition thiereto, it shall:
A. From timie to time require such reports from the respective
members as may be necessary to advise it adequately of the adminis-
tration and enforcement of this Codle.
B. Upon complaint of interested parties, or upon its owrn initiative,
makte such inqu~iryv and investigation into tdhe operation of the Code
as may be necessary, and
C. Make rules and regulations necessary for the administration
and enforcement of this Code.
D. The cost of the supervision needed to secure proper observance
of thiis Code and any additions thereto, compilation of statistical
data, and such other 'activities as mnay be necessary, shall be appor-
tioned pro rata so far as practicable to all members of the United
Saw Service Association.
SEO. II. The Committee may delegate any of its authority to com-
mittees or such agents as it. may determine.
ARTICLE 5.--LABOR CODE (nTANDATORY)
SECTION I. Employees in the Saw Service Industry shall have the
right to organize and bargain collectively through representatives of
their own choosing and shall be free fromt the interference, restraint,
or coercion of employers of labor, or their agents, in the designation
of such representatives or in self-organization or in other lawful
concerted activities for the purpose of collective bargaining or other
mutual aid or protection.
SEO. II. No employee in the Sa w Service Industry, and no one
seeking employment therein, shall be required as a, condition of em-
ployment to join any company union or to refrain from joining a
labor organization of his own choosing.
SEC. III. Employers of labor in the Saw Service Industry agree
to comply with the maximum~ hours of labor, minimum rates of pay,
and other working conditions approved or prescribed by the
SEC. IV. No person under 16 years of age shall be employed in
any department of the industry at any time.
SEc. V. Forty hours shall constitute the maximum number of
hours per week for factory and office help, (outside salesmen and/or
field representatives excepted) and the maximum hours per day shall
be eight hours. In special cases and emergencies where production
wouldE be otherwise unavoidably restricted this maximum will not
apply, but in such special case time and one third shall be paid for
hourrs worked in excess of the maximum. In no case shall any em-
playee work over fifty hours in any, one week and only for a period
of two weeks in any three-month period.
It is agreed that: night. watchmen, over the age of 55 years whose
duties consist of watching th~e plant and ringingg time clock one per
hour. shall be allowed to work twelve hours in nany one day, a
mlaxiamum of eighty-four hours per week, at a minimum rate of' 3.2
SEC. VI. 1. 11finimlum w8age for male factory or office emlployrees
over 21 years of age shall be at the r~ate of forty cents per hour.~
2. Minimum wage for male factory or office emlploy~ees, ages 16
to 21, shall be at thne rate of 30# per houir.
;3. Minimum wFage for female employees shall not be less thatn
thirty cents per hour.
4. No female help will be used to replace any male help in any
factory department of the sawc-service industry where, male help
was employed on or before June 1, 1933.
5. Mlinimuml rate for pieceworkers shall be such that th~ey can
earn the m~inimlum ra~te of wage by a reasonable day's work, and the
minimum wage schedule. shall be set to meet such State anld local
conditions as may exist, but in no case shall the minimum wrage
be less than hlereinbefore specified.
ARTICI.E 6.---TRAD PRACTICE RULES FORt S~tw SIERIC~E INDUSTRY
SCECTION I. IRul 6 .--*1% is un unfair trade p~ract~ice for one coma-
pany knowingly and wPilfully to induce or attempt to induce pur-
chaser~s or lessees of saw service and mleat-chopper service from
competitors to breach their contracts with such competitors, or to
interfere with or obstruct the performance of any contractual duty
or service, with the purpose anld effect of unduly hamp~ering, injuring,a
or embarrassing competitors inl their business.
Rule II.--It is an unfair trade practice? to maake false, umtr~ue, and
deceptive statements regaarding the, bus~iness standing,a cr~edit~, and
integrity of competitors, and regardc~ingr the qualityduaitys andti
workmlanship of eqluipmllent sold or leased b opttr o h
pulrpose of receiving purchasers and inducing, or attempting to
induce users of saw service and mleat-chlopper service to breach their
contracts wFithl such competitors, or of prevrentingr or attempting to
prevent the sale or lease of equipment ma~nufacturedl, soldl, or leased
Rule III.--It is on unfair tr~ade practice to make secret payments
or allowances of rebates, commissions, refunds, credits, or unearned
discounts, whether in the form of money or otherwise, or secretly
extend to certain purchasers or lessees special services or privileges
not extended to all purchasers or lessees under like terims or condi-
tions, with the intent. and effect of injuring the competitor.
Rule I'.--It is an unfair trade practice to give a grinding ser\-
ice on meat-chopper plates and knives on th condition that the
purchaser or lessee use exclusively the saw~p service of said company
with the intent and effect of injuring t~he competitor.
Rule V.--It is an unfair trade practice to induce, or attempt to in-
duce, Ipersons who have been selling or leasing agents of equipment
manufactured by competitors to enter into agreements, arrange-
rments, or understandings whereby such persons should become the
selling agents for the inducing company, and at the same time to
retain thle selling agency of the competitors of the said company,
but wijthout intendinlg, in good faith, to sell or lease equipment
manufactured by such competitors.
Rule V7r.-MaIliciouslyl enticing away th~e employees of competitors
with the purpose andl effect of undluly hamper~ing, injuring, or em-
barrassinig competitors in their businesses is an unfair trade practice.
Rulec flL.-It is anl unfair trade practice to discriminate in price,
either directly or indrirectly, between different purchasers or lessees
of saw f~rames, blades, mlent-chopper plates and knives, where the
effect that such dliscr~imination mlay be to substantially lessen comn-
petitionl or tend~ to create a monopoly, provided that nothing herein
contained shall prevent persons engaged in selling or leasing the
prod~ucts of this Industry in commerce from selecting their own
customers in blona-fitle trannsactions and nlot in restraint of trade.
Rul7e VIII.-It is an unfair trade practice to sell or lease goods
below dlue allowance for replacement- purchase cost, plus cost of
doing business, plus a reasonable return on the capital invested.
Tha~t all d~iscr~imiination between customers shall be abolished. To
that end, all service shall be soh~l only upon open prices and terms
made known to all parties interested therein.
R~ule IX.-I is an1 unfair trade practice to give, or permit to be
given, or offer to give money or anything of value, either directly or
indirectly, to agents, employees, or representatives of customers or
pr~ospectilve customers, or to agents or representatives of competitors'
customers or prospective customers without the knowledge of their
emnploy~ers or principals, as an inducement to influence their em-
ployers or principals to purchase or lease or contract to purchase or
lense equipment from thne maker of such gift or offer, or to influence
such employers or principals to refrain froml dealing or contracting
to d~eal with comp~etitor~s.
Rule X~.--The practice of persons or corporations of sending their
agents to the customers of competitors, and disguising andl feigning
their identity as representatives of competitors, representingf to the
customer that thl~e knives, saws or blades, or other articles under lease
to the curtomlers are obsolete andl not. used, and then substituting one
or some orf his own, approprintinlg to his ow~n use any monies due his
competitor, carrying away hnis competitor's knives, saws, or blades,
andi failing to disclose any part of said fraud is an unfair trade
Rule XI.-Leavin equipment on trial for a period longer than
30 days is an unfair trade practice.
nrule XI.--It is an unfair trade practice to withhold from or
insert inr a receipt left with customers statements which make a
receipt a false record, wholly or in part, of the transaction which
said receipt covers. The Industry recognizes that if a company
omnits from thie receipt thie proper date the agent called upon the
curstomler. the amount collected, and the period the collection actually
coveredl, it is done in fraud of competitors and is condemned by the
Industry. Likewise, the Industry recognizes that where a free trial
is given and the receipt fails to state the proper date and duration
of said tr~ial it is done in fraud of competitors andl is condemned by
Rule XYIII.--It is an unfair trade practice to give fr~ee deals or
free. service or pr~emiums whichl affect injuriously all branches of
the Indrustry andi the public.
Rurle XIV'.--In the competition attendant upon the exchang~ing,
lending, selling, and leasing of saw framies, blades, meat-chopper
plates, and knives, the saidl articles are frequentlyy lost and come into
the. handls of a compet~itor or competitors of the owner who fails to
disclose the fact of his find but actually conv~erts t~he said saw frames,
blades, ment-chopper plates, and- knives to his own use. This is an
unifair trade practice.
Rutle XV ---For the purpose of effecting the practical application
of this Code andl assisting inl realizing t.he intent of the Inldustrial
Recovery Act. it shall be required of every individual, firm, partner-
ship, or corporation who is a member of this Industr~y to kreep a
recordl of )9his business t~rannsationn t~hmrouh sucrh a~n neroulnting systemm
as he may deem suitable for his business and which will permit him
to have a record of the chief essentials of his business, nam~ely, pur-
chase totals, sales totals, wag~es, arnd all operating expense t~otals.
Failure to keep suich a record shall be an unfair trade practice.
Rul~e XVI~.-W~hile it is not the spirit of this Code! to attempt to
tix prices, it is considered an unfair trade practice for any company
to have more than one price for any identical service under the same
SEC. II. (R) Ang Crmlail~nt concerP1ning an alleged violation of the
Code shall be submnittel t~o the Code Commnittee in writing and by
registered mail. The complaint shall contain a complete statement
of the facts and shall prefer specifically to that part of the Code which
is alleged to have been violated. The Code Commnittee shall obtain
such informant~io n as shalnl be necessalry to establish thne facts. If it
shall appear to the Code Committee that there has been a violation
of the C'ode, a statement. of the charges: shall be se~nt, by rgcister~ed-
mail to the person wh~Io is alleged- to have committed the violation.
The statement of chargess shall tix the, time and place for a hearing
and at this hearing the person whoIC is cha rrged with the violation shall
be? griven an opportunity of p-resentingr his defense. If it is the de-
cision of the Code Committee that a violation of the Code has been
committed, it shall report the violation to the Administrator of the
National Indlustr'ial Recovery Act or take such action as the Admin-
istrator may approve to enforce thne provisions of the Ac~t.
(b) If the Code Committee, upon full examination of the alleged
facts of violation of the Code, dloesr not render a decision thant the
Code has been violated it shall notify the complainant in, writing and
by' registered mail to this effect. In cases w~her~e the c~omplainant
believes that his case has not been properly heard, he is accorded thne
privilege of repeating his complaint direct to the Administrator of
the National Recovery Act, at the same time so notify~ing the Code
Committee. Nothing in this section shall be construed, however, as
giving a complainlant the right to appeal to the Administrator before
he h~as fir~st. madle complaint to the Code Committee.
UNIVERSITY OF FLORIDA
6 3 1262 08856 1047
ARncuE V II
No provision in this Code shall be interpreted or applied in such
measure as to:
A. Promote monopolies.
B3. Permit or encourage unfair competition.
C. Eliminate or oppress small enterprises.
D. Discriminate against small enterprises.
This Code or any of its provisions may be cancelled or modified
and any approved rule issued thlereunder shall be ineffective to the
extent necessary to conform to any action by the President under
Section 9 (b) of the National Recovery Act.
This code shall be in effect beginning ten days after its approval by
Code as approved at meeting of United Saw Service Association on
August 22, 1933.
G. A. ANDERSON, 380781821).