NATIONAL RECOVERY ADMIINISTRATION
PROPOSED CODE OF FAIR COMPYETITIONJ
CITY DIRECTORY INDITSTRY;
UNIV. OF FL LIS.
The Code for the City Directory 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
GOVERLNMENT PRINTING OFFICE
* dir sale by thet Baperintenldent of Doculments, Washinton, D.C. I PRice 5 cents
Registry No. 501--05
AS SUBMITTED ON SEPTEMBER 6, 1933
we no onll mar
ASSOCIATION of NORTHl'l AMERICAN D)IRECTIORCY PIUBLT.ISHERR
NATIONAL RECOVERY ADMINISTRATION COD`E: OF FAIR
COMPETITION FOR THE CITY DIRECTORY INDUSTRY
SECTION 1. To effectuate the policy of Title 1 of the E;National In-
dustrial R~ecovery Act, during the ~period of the emlergncy, the. f-ol-
lowing provisions are estab~lished as a code of fair competition for
the City Directory Indlustry.
SEC. L2. InI the formn lf Wilh it is finally- appr~oved by thre Preisi-
dlent of the U~nitedl States this code of fair competition will become
mnandatory~ uplon the Cityl Dir~ectory I~ndustry throughout th~e United
SEC. 3. The Assoelation of Nort-h Amnerican Dir~ectory\ Publish~ers
is a volunta ry association, orgvanizedl m ei ghteen hundtreg and ninety-
eight for thle purpose of impr~oving~ City Dir~etory~ Serv\ice by thle
interchange of ideas. The membership in thie Association reprlesents
over seventy-fiye ~percent of the city Dir~ectories publishedl throug~hout
the United States. The Association iss governed through its officers
by a Boardl of Trustees, consisting of eleven mlemb~ers, anrd an. Execui-
tive C'oinunittee, consisting of three members. M~emlbership in this
Association is open to all Cit DirIectory'3 Pul'IisherIs within the
U7nitel ,Sitates and Canada. N inequitable restrictions ar~e placed
upon mlembership in this Association.
SEC. 4. The City Directoryr Ind-ustry includes suich pers~ons as are
engaged in isrsuing one or more city directories, t.he infor~mation for
each edition of which is secured t~hr~oug~h personal contact by a can-
vass made at each residence and place of business, andc wvho compile
said information in convenient form for reference andr priint- or cause
to be printed said information in book form for dlistibui~tio~n.
SEC. 5. As used herein the termi City Direc~tory "" shall miean a
book containing a complete alphabetical list of the, namnes of the
residents and business concerns of a, city, which information is
secured at its source by personal solicitation, also a cla~ssifiedl list of
the business concerns and such other information as mlay b~e irc-ludedl
therein according to custom and practice.
The term "' Employers shall mean all persons who employ labor
in th~e conduct of any branch of thie City Directory Industry.
The termrl Employees shall mean all per~sonis empitloyed in the
conduct of any branch of the Cityr Directory Indlustry.
The term Person shall mean any individual, partne~rship, as
sociation, or corporation.
Thie term "' Enumnerator "' shall mean such emlployees as are en-
gaged in securing t~he names and addresses of presidents andi business
concerns through personal contact by a canvass mnade at each resi-
deence and place of business.
Enumerators, by reason of the character of their work, labor with-
out direct supervision as to the number of hours devoted to their
duty. The result of their effort can be measured only in a general
way and without regard to the time employed.
SEc. 6. La non PROVISIONs.- (1) As required by Section 7 (a) of
'Title 1 of t~he National Industrial Recovery Act, the following pro-
visions are conditions of this code:
"L That employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-orgammzation or in other concerted activities for the purpose
of collective bargaining or others mutual aid or protection;
"L That no employee and no one seeking employment shall be re-
quired as a condition of emlployment to jomn any company union or to
refra~n froim inolmng, orrgamzing, or assisting a labor organization of
his own choosing: and
That emiploer~s shall compyly with the miaximumi hours of labor,
miinimuim rates of pay, andi other conditions of empployment ap-
p~rovedl or prescribed by the President."
(2) It is clearlyl undlerstoodl that the foregoing paragraphs do
not impair inl any particular thle constitutional rights of the em-
ployee and2 employer to bargain individually or collectively as may
be muotually satisfactory to them, nor does it impair the joint right
of the employer anld employee to operate an open shop.
The selectionl. retention, and advancement of employees sh~-all be
on the basis of individual merit, without regard to their affiliation
or nor afFiliation with anyl labor or other organization.
SEC. ri. THE nI~AXIMUXI NUMBJr ER OF ITOU7Rs.-The 11BRilllluml work
week shall be as follows:
On and after the effec~tive date of this code, employers in the City
Directory Industry shaill adopt a mnaximum work week for produc-
tion and office workers which shall not be in excess of an average
of forty\ hurs~r a week for any twelve months' periodic, and the maxi-
mumn hours of wor~k for any one wReek shall be forty-eight hours.
From this rule shall be excepted executives, supervisors, enumer~ators,
outside salesmenl, andt collectors.
SEC. 8. bIflNDIU 7AG;Es.-- The minimum hourly wage to be paid
employees shaill be at the rate of 300 per hour, except for learners
Lacrlners and~ A-pprentices.--It is further provided that learners
and apprentices shall be paid not less than eighty percent of the
herein prescribed minimum wage, but the period of learners and
apprentices inl any instance shall not be more than thirty working
SEC. $. 31lISIIT3 M XGE OF E3IPLOTEES.--No per1son under sixteen
years of age shall be employed in this industry.
SEc. 10. UNFAIR COMPETITION.--The C~ity Directory Industry is of
necessity noncompetitive as in the generally accepted sense, in tha~t
no city or community will support two rival directories. TIhe pro-
duction of two directories must result in a division of the possible
revenue, which is limited, without a resulting decrease in the cost of
securing, compilingr and printing the necessary data.
In establishing a code of unfair competition for the City Directory
Industry the rights of anly person to issue a city directory for any
particular city or community must necessarily be established by the
fact that previous editions have been issued by that person.
Unfabir Competition.--It shall be unfair competition for any per-
son to do any of the following:
1. To undertake to issue a City Directory for any city or com-
munityr in which any other person operating under this code has
established a prior right without first securinga the right by agree-
2. For any person to endeavor to secure information by means of
a canvass or otherwise under the fraudulent representation that such
information is to be used in the issuance of a Clity Directory.
3. To endeavor to secure business in any city or community by
representing either by act or inference that the business is being
secured for the regular City Directory when such is not thle case.
SEc. 11. APPOINTMENT OF AGENCY TO ADMINISSTER CODE.-Unnder
Section 2A of Title 1 of the National Industrial Recover~y Act, the
Association of N'orth American Directory Publishers is hereby ap-
pointed the "LAgency to admliinister the purposes of thle act insofar
as they applyl to thle City Direc~toryr Industry in accordance with the
1. Pre4pn/artion of Code Darta forl Sta ist~icn.v-Collect from th1e
members of t~he City Directory Industry all da~ta and statistics~ re-
quired by this code or by thle Presidlent, compyile same, and submiit
to the National Recovery Admninistration, and to furnish copies of
such data to its members as may be desired.
2. Collect Prio Rata the Cost of Aidmini.?rstra~. tion.Tror.--Ea.ch sub-
scriber t~o this code shall periodically be assessed an amount sufficient
to cover the cost of the administration of this code; such assessment
to be prorated on the basis which the total annual sales of such
subscriber bears to the total annual sales of all subscribers.
3. Or:ganization. of rodle Conun~ritf~te.-The Executive C'ommit~tee
of the Association of North American Directory Publishers is hereby
constituted and empowered to act as the code committee of the City
Directory Industry for such purposes and with such powers as are
necessary to direct and regulate the work of the "Agency ") and to
effectuat'e this code and the policy of the National Industrial
4t. Ew-Of)2cio Aelember.- Thh e President of the Assoc~iation of North
American Directory Publishers shall act as an ex-officio member of
the code comlmit.tee. Thle Secretary of the Association of North
American Directory Publishers shall perform the duties of the
secretary of the code committee.
5. Meetings of the Code Conomibttee shall be held upon call of it~s
chairman or the President of the Association of North American
Directory Publishers, and such meetings mnay be called in such man-
ner as are determined advisable by the Chainnan or President.
SEC. 12. DUTIES AND PonEas or CODE COMMzITTEE 808 RS follows:
1. To can-)ly out the ''Agency~'s' ;r~elcutive Duczties and FunctionsA as
set forth in this Code.
2. To Hold M~eetings upon call of its chairman or the President of
the Association of North American Directory Publishers.
3. To Giv22e Sipc(Ial CoanSid~eration, t Cond7(itionZs and factors which
are found to be having a generally injurious effect on the employing
subscribers, their employees, or their customers; and to do whatever
is necessary to correct the situation.
4. To WCtork Ouzt th~ie Regulation2s fo~ r Maing Co~mplaint~s against
those believed guilty of violating this Code or approved supple-
5. To Take PromnPt Action o~n Com~pltaints Received.--If a com-
plaint is properly made out and signed by one or more complainants,
it must contain a provision whereby the comlplainantsj furnish a guar-
antee satisfactory to the code committee to pay the cost of the inves-
tigation if the accused is found not guilty. The Code Committee
shall then pass up~on the evidence furnished to determine whether it is
of suflcient weight to justify further action.
8. To Preparle the Regu7llationls Golernrrin~g the Compllaintf Inves-
tigartion..--These regulations shall pr~ovide that any investigation
into the books andir other retcordl s of the accused shall be made by a
public accountant appr~oved by the Code Comlmittee, who shall go
into thle bookls andl rec~ordcs of thle accused~ onlyl to the extent neces-
sary to prove or disp~rove the accusations. lThe accountant shall
report hiis findings to the Code Committee or to its auth~orized
If the accused re~fuses to allow the authorized accountant to examn-
ine his books or records, this shall be prima fadie evidence of the
guilt of the accused.
If the accused is found not guilty !` no further action shall be
taken on the complaint.
If the accused is found Guilty on one or more points in the
complaint, this mnay be reported by the Codle Crommnittee to the
7. To Aict Uponl the Findings of the~ Invezstigations.-Wh'Ien the
accused has been found guilty but has w~illingly aided thle Code
Committee in its investigantion, and otherwise convinces thle Code
Commiittee that. the offense was more through ignorance or inad-
vertence than willful intent. the Code Committee h~as the pow~er to
drop the matter if the offense is not repeated.
If the offense is repeated or was willfully done in the first place,
the Code Commnittee may then present. the matter and the ev-idence
to the proper Governmenltal Authorities.
8. To Hfav~e the Data. anld Statistics required by thle National Re-
covery Admiinistrator gathered, compiled, andi the required reports
su bm fitted.
9. Appointment of Age~n~ts.--The Code Committee is authorized to
appoint an agent to mak~e such investigation as may be necessary,
who shall furnish to the Code Commiittee such information as may
be required. The Comlmittee as a. whole shall pass upon the evi~-
dence submitted by its agent.
10. To Em~ploy the NeTcessary Help to properly administer the pro-
visions of this Code and to Execute thne rules and regulations as
promulgated by the National Recovery Administration.
SCEc. 13. AM~ENDMBENTS AND SUPPLEMIENTARY CODES.--Sectionl 6, Di-
vision 1 of this Code cannot be alteredl or eliminated, since its inclu-
sion in this Code is required b~y the N'.T.R.A. Amendmentss of any
other part of this code shall be made in the following manner: The
Code Committee may prepa re amendments and present same by mail
ballot to the last known address of each registered employing con-
cern in thle City Directory Industry, together with its recommlenda-
tion. If a majority of the mail ballots cast sustain the recomn-
mendation of the Code Committee, then such amendment shall be
presented to the National Recovery Administration and if approved
become effective ten days after such Executive approval. Su~pple-
mentary Codes, which are distinct and separate from this basic code,
shall bev handled in the same manner.
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I~favESIY OF FLORIDA
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