Proposed code of fair competition for the exterminating, fumigating, and disinfecting service industry as submitted on A...


Material Information

Proposed code of fair competition for the exterminating, fumigating, and disinfecting service industry as submitted on August 29, 1933
Portion of title:
Exterminating, fumigating, and disinfecting service industry
Physical Description:
iii, 7 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Pests -- Control -- United States   ( lcsh )
Disinfectants industry -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1720-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004950945
oclc - 656802995
System ID:

Full Text

Registry No. 1720--01








U.S. DEPC~:':1~:'OR

The Code for the Exterminating,
Fumigating, and Disinfecting 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 RecoverU Administration
as applying to this industry


oar sale by the Superintenden of Doculments. Washington, D.C. - Price 5 cents


Suneurru~I BY



Adllinistrfiator, Nlational I~drstr~ial7 Recoveryl'! Ar,(f
T~radlringtonl, D.C.
Si: P~rsuanlt to the ]Pro~visions of Title I o~f the National I~ndus-
trial Recov~ery AcLt, Th~e Disinfecting and Exterminating Corpora-
tion, Tlhe Sansieth Exte~rrminlati ngr Comlpany, Inc., hereby present a
Code of fair competition for the Exterminalin ng, ]Furinigating and
Disinlfectinlg Serv\ice Industry.
TIhe realsonls that this Code is filed b~y these c~oncernls -are the
following :
1. They do approximately 60~0/ of the entire business.
2. TheyT are the largest employers of labor.
3. Theret is no natio~nal or r~p re senrlt at i e association in the
in d ustry.
It is subimntted~ thlat this Code should be approved for the follow-
ing reasons:
1. It substantially increases the number of employees.
2. It improves the general working conditions of the employees.
3. It materially shnortens hours of labor.
4. It tends to minimize unfair competition.
5. It will improve the industry in. general.
6t. It provides for fair competition among both the large and small
employers of labor and persons in the industry.,
Respectfully submitted that this Code should be approved.




To effectuate the policy or policies of Title I of the National
ITndustrial Recovery Act during the period of the emergency, to
induce and maintain the united action of all elements of the Extermi-
natinga, Fumigating, and Disinfecting Service Industr under ade-
quate. governmental or private sanctions and supervislons to elimni-
rmate unfair competitive practices and to ~advance the public interest,
to reduce and relieve unemployment, to improve standards of labor
and living, and otherwise to rehabilitate the `Exrterminating, F2umi-
gating, and Disinfecting Service InldustryF.
The follo-wing provisions are established as a Code of Fair Compqe-
tit~ion for the Extermlinatinga, Fumigrating, and Disinfecting Service
Ind ustry :
1. D~efnitions.-- the term Exterminating, Fumigat-
ing, and Disinfecting ~Service Industry as used herein Is defined to
mean the servce of using Insecticides and Fumigants for the purpose
'of extermlinating or controlling of rodents, vermin, and such. other
insects not generally classified as vermin, as wFsell as the use of fumi-
gants for the destruction of germns and other similar services required
for the public's welfare.
the term Exterminatinga, Fumigating, and Disinfecting
Service I~ndustry "" is further defined to include all persons wlho per'-
form such functions, including without limitations those persons
commonly known and, sometimes defined by Law as Extermiinators,
Exterlminators' Helpers or Apprentices, Fumigrator~s, Fumigators'
1Helpers or Apprentices, Disinfectors, Disiinfbectors' Helpers or
the term "L Personl "" as used herein is to mnean a natural
person, partnership, corporation, company, association, or agency.
thie term~ Employ~ers shall mean all persons who
employ labor in the conduct of any branch of the Exsterminating,
Fu~rmigating,a and Disinfecting Service Indust ry as defined above.
the term "' Employees "' shall mean. all persons employed
in the conduct of any branch of the Exterminating, Fumigating, and
Disinfectinlg Service Industry as defined above.
the ter Insecticides as used herein shall mean any
preparation, liquid, powder, paste, or otherwise commnonly known as
insecticides for the purpose of exterminating or controllingr of'
vermin, rodents, and such other insects not generally classified as
the term Fumigant as used herein shall mean any
preparation, liquid, powder, paste, or otherwise which when used
either as an individual preparation or in combination with other
eass-as3 (1)

products, will emit or liberate a gas fume or vapor either toxic or
poisonous and used for the purpose of exterminating rodents, vermin,
and such other insects not generally: classified as vermin, as well
as the destruction of germs. Insecticides and F'umiganlts shall mean
for use in connection. with service only in the conduct of any branch
of the 3Exterminating, Fiumigating, and Disinfecting Service In-
dustry as defined above.
2. Plc, or;iion hworp~iorate 4l from2 Na~tionaxl Iredustr~~iilal RecovLery
A ct.-(a) Employees shall have thre right to organize andbagi
collectively through representatives of their ow7Pn ch~oosing and shal
be free from the interference, restraint, or coercion of employers
of labor, or their agerFntsi in t~he de~igrnation of such representatives
or in self-organization. or in, other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protectiono.
(b) No employee and no one seeking employment shall be required
as a, condition of employment to join, any company union or to re-
frain from joinmng, organizing, or aIssisting a labor o~ganlizat~ion
of his own choosing.
(c) Employers shall comply with the maximum hours of labor,.
mlinlimumll rates of pay, and other conditions of employ~menlt ap-
proved or prescribed bythe ]Presiden~t.
(d) This Codle and all provisions thereof are exrpressly made sub-
ject to the right of the Presidetnt in accordance with the provisions
of Section 10 (b) of the National Industrial Recovery~ Act ^from time
to time to cancel or modify any order, approval, license, rule, or
regulation issued with respect herleto under Title I of said AL1ct.
3. Miniimum w!?rag.5-.Emsploy~ers in the Exterminating, Fumligatt-
ing, and Disinfecting Service Industry shall pay wages:
(a) Not less than the minimum rate of wages for skilled Inbor,
hereby and as such established, which shall not be less than--
Twenty-four ($24.00) per week~ for an Extermnilntor
Ei fhteen ($18.00) per week for anl Exterminator's H~elper or
Thirty ($30.00) per week for a Fumigator or 1Disinfector
Twenty-four ($24.00) per week for a Fumigators' HTelper or.
Disinfector or Apprentice.
in any area within a radius of fifty (50) miles of any City of over
500,000 population.
Twenty-two ($22.00) per week for an Exterminator
Seventeen ($17.00) per week for an Exterminators' HI~elper -or
Twenty-eight ($9~.00)O per, week for a Fumig~ator or Disin-
Twenty-twvo ($22.00) per week for a Fiumigaators' orDisien-
fectors' Helper or Apprentice
in anly city of between 250,000 and 500,000 population or in the
immediate area of such a city:
Twenty ($20.00) per week for an Exterminator
Sixteenl ($16.00) per week for an Extermninators'' H-elper or
Twenty-six ($26.00) per week for a Fumiga~to r or Disinfector
Twcenty ($90l.00)O per week for a Fumigators' or D~isinfectors'
Helper or A~pprentice
in any city of between 2,500 and 250,000 population, or inl th~e im~mel-
diate trade area of such city.

Eigrhteen ($18.00) per~l w~eekl for an1 Extermllinatorl
Fifteenl ($15.00) perr wee'k for an Ex~:trmnt or'sil;t~l' Helper or
Twenty-four ($24.00) per weetk for a Fu~migator or Disin fector
Twernty ($9~0.00) per week for a Fumigabrtor~s' or ]Di.-infector~ls'
in? towns of less than~l 2),000 population. Po~pulationl shall be deter-
mnined by the 1930 Fedleratl Census.
(b) In detfinling the teirms~ of Extermninatl'or, Fumlligatfor, andC' D~i -in-
fector, it ha~ll be dlistilc~tly understood that a fumigar~tn l or dis-
infector may1~ perform exterm~nninatngservice but no rexte.111Iirmintor maty
per~forml fuml~igating~ or` diinilfeC'ting~ hCerviCe and tha~t. by virtue1~ of
ther fact thalt the us~e o~f furnliganlts is C(I''cneded to be I diitinctlly~
hazardous undertakf~llin~, a, fllmli geto ordiskswifcto sh aslle whe n-
p'enlsatedc inl proportion, to thle inhrn ikswihh asmswe
p~er~formingn b this branchL'I of servie, whether (,t"upiedC as a fumligator'
or disinfectorl onle dayJ or thirere hundred~~ and sixty-five da~ys in the
yea r, and no split talary will be p~ermittedc .
(c) Not less than he mlinlimumll rate of wagesc for ac.coulnting,
cler~iedn, or office emloy~~.!ees h~ereby1 estalblishedc, as follows:
$15~.00 per week in any city of overll 500,000 population, or in
the immediate trade area of such, city-
'$14.50 per week in any city of between 250,000 and 500,000
popla"ltionl, or in ther inun~lediatte trade area ofl such city
$14.00 per week in anly citFy of betweerr n 2,500 and 250,000 popu-
Intionl, or in thte: imm~l~ediate trad le area of such. city
$12.00 per week in towns of less than 2,500 population. Pop~u-
Jution shall be determlined~ by the 1930! Fieder~nI crinsus~.
(d) Not less thazn the mlininum~li rate of Twenlty-five ($25.00) dol-
la~rs per w~eek, exclusive of expenses for any sales~manr or solicitor.
(e) Nothing herein containedl shall be consltruede c to apply~ to eml-
pluyees whose rates of wPages are e.-tabllish~ed for specific p~lroje-cts byv
competent govrnmentann lla authority in accor~dance with Inw or with
rates of wa;ges esctablishedl byr contracts now in force.
(f) TPemplor~ary Emnployetes in any clns~sificationl us c~over~ed in Sec-
tion Three (3), Paragaraph (a), shall receive a iminmumn wage
equi~valent. to onel ?nd- onep half t~imes the prevanilingr scale; per day.
(g) EmnergencyI) Service opera~tions shall be compensante d for in the
amount of one! a~nd on thirdJ timen t~he? pre~vilingr scale as c~ove~ltred
in Section Three (3), Paragraph (a).
(h) No' "Person as defined in "De~tfinitionls shall be under the
age of Twenty-orne (21). Employees covered~c in Section Th~~ree (3),
Par~agraph (b), shall not, be und~er the agre of sixteen (16).
4. Alla~rimnvn. ho-urs---(il) Emplo,~yers in the Exterml~ainating Fumi-
gaating, anld D~isinfectingr Service I~ndustr~y shanll not empl~loy any
service employee in excess o-f for~ty (40) hoursl pier week~l includringr
traveling timne from job to job or place of employment to job or
fr~om emlployyee's home to job.
(b) Nor shall any onet engaged in the exterminating, -fumiga~yting,
andi disinfectinga service industryc\ render service in. a, sim~ilarl capancityr
as employee in excess of forty (40) hours per week inlclud~ing tr.Avel-
ing time from job to job, or place of establishment to job.
(c) Services required after the hours of 5 'P.M~. which AreP a pa1t~
of contractural relations, taking care of specific services which can-

not be performed between the hours of 8 A.M~. a nd 5 P.MI. shall not
be construed as an emergneny or overtime service andl the time re-
quired fo this service shall be included in thle maxinn~un of forty
(40) hours per week.
(d) Emerg~ency service which may arise and which is not part of
a regular, defined schedule of operation or cont~ractural relations of
any branch of the exrterm~inating, fumigatilng, and dlisin fectinIg service
indurstry3, shall be permitted; the resultant total of such emergency
service time must not exceed one hundred and four (104i) hours in
any one year.
(e) Executi~ve, Administrative or Supervisory employees of service
earning in xc~esis of Thirty-five ($;35.00) perl week, shall be exemptt
from the provision of maxilmum hours.i and those inl eStablishmll ent. S
employing not more than two persons, inl townms of less than 2,500
population, which, towns are not part of a larger trade~t arlea. Popul-
lation shall be determined by the 1_930 Fedaeral census.
(f) Employers shall not employ accounting, clerical, office em-
ployees, salesmenI in any! office or in any place or manner for mor~e
than fort~y (40) hours in any week, exc~ludingr employees in mnan-
agerial, executive, or sales ea-npnities earnings in excess of Thirty-five
($35.00) Dollars per week, and those in establishments employing
not more than two persons in towns~ of less than 2,500 population.
which towns are not part of a large trade area. P'opulationl shall be
determined by the 1930 Fiedleral c~ensus.
(g) ~Nothmng herein contanined~ shall be construed to apply to em-
ploye~es whose hours of labor are ecstablished for specific projects
by competent governmental authority acting in accor~da~nce withl law
or with, hours of work established by contracts now in force.
(h) On and after the effective date, no employer shall reduce the
compensation for employment nowa in excess of the minimumn wages
stated in this Code (notwithstanding that the hours worked in such
employment mnay be hereby reduced), and each employer shall make
an equitable readjustment of all pay schedules.
(i) No employer shall use any subterfuge to frustrate the spirit
and intent of this Code which is, among other things, to cooperate
with the P'resident in increasing emloyment bly a uxniversal c~ove-
nant, re~mo~ving obstructions to commnerce~, shnortening hours,; and
raismng wagesx.
(j) Nco employer shall deduct from the wages of employees, car-
fares, insurance premiums, or any other expenses incidental to his
5. Area Agreemenzt for Hlours a~nd -t~ages.--Minimum rates of
wages and maximum hours of labor may be established nationally
or for a region or locality by multual agreements reached through
bona fide collective bargaining between truly r~epresentative national,
regional, or local groups of employers and employees.
In no event shall such minimum rates of wages be less tha~n those
established in Section 3 hereof, nor in any event sh~al~l sulch maximum
hours of labor be more than those established in Section 41 hereof,
exceptinlg such minimum rates of wages and such manximnum hours
of labor as are established for specific projects by competent govern-
men~tall ault~hority acrting inl accordance with the law.

6. Trade Prarctices.-On and after the effective date of this Code,
Extermiinators, Fumnigators, and Disinfectors shall abide by the fol-
lowing standards of prracircs in seing extermnnainaig,, fumigating,
and dssin fecting services.
Fre~e or Prc~imzinarry, Service.-(a) No Exter~minator, ~um~igator,
or Disinfector shall offer or give free service. The term Free Serv-
ice as ulsedl in this paragraph :means the r~endlering of any extermli-
nating, fumigating, or disinfecting service for anyone, either as an
inducement to obtain a contract or to pre-date: a contract for service
to be performed, nor shall free service be rendered as an accommoda-
NVo Sales Belowo Cost.(b No Exterminator, Fumigator, or Dis-
infec~tor shall sell or offer or sale, any servicee below the reason-
able cost of rendering suchL service of a mnimumnln standard.
(c) The reasonable cost as used hnerein is defined to include the cur-
rent mna~rket cost of rnw materials anrd supplies, fair wages for ema-
playees as provided in this Codle, and a reasonable standard of allow-
ance for each branch of the industry for the following: power, light,
heat, water, and other misce~llaneousl nperati;ng expenses; repairss and
maintenance of buildings and equipment; executive, supervisory,
engineering, experimental and development, sales and~ office salaries
and~ epacncnses advertising land promotional expense; distribution
andl delivery expense; rent; professional and collection expenses;
bad debt losses, adeqluate depre~ciation andl obsolecence of all build-
ings and equipment at prevailing standards; and incidental to thne
cost of rendering exterminating, fumigating, and disinfecting service.
Eth~ics.--(d) NJo Exterminator, F~umigator, or D~isinfector shall
butter false or disparaging statements about his competitor or his
business or shall unfairly interfere with his business either by es-
pionage upon him or the unfair enticing of his employees.
(e) No Exterminator, Fumigator, or Disinfector shall be a party
to inducing a breachl of contract if such contract has been complied
with and all provisions lived up to.
(lf) N~o Exterminator, F~unugator, or D~isinfect~or shall gaive any
gifteir gratuity to any buyer or his agent, representative or employee,
nlor shall he give any allowance or discount for advertising mn any
newspaperr or publication on behalf of any buyer to be used in th
promotion of t~he sale of service to the consumer. Nothing herein
contained shall prevent the employer from advertising his own serv-
ice in legitimate publications or by means of cuts, windows cards,
circulars, or other similar articles.
(g) No Exterminator, Fumigator, or Di~sinfector shall make or
use anly false or misleading advertisement of anyT kind or through
any medium deceive the public.
(h) No Exrterminator, F"umigatory or Disinfector shall perform
any exterminating, fumigatingo, or disinfecting service in any City,
Village,, or Town governed by any lawvs, ordinances, or rules and
regulations of a Board of Health or Sanitar~y Board requiring li-
censes for exterminator, fumigator, or disinfector unless such ex-
terminat~or, fumigator, or disinfector is duly licensed.
r. Starrcndrd Prices.--(a) Each Exterminator, ]Fumigator, and-
Disinfector shall sell his service on the basis of a "L minimum price "'
(1) which shall be uniform to all buyers of the same serv~icei
located in the same competitive market (2) and which shall be
strictly adhered to, while such prices are effective.

(b) The term "1\finimum Prices as used in this article, means
a price list (1) which is publishled or available for the equal infor-
m~ation1 of all trade buyers alike located in the same~ competitive mar-
ket and (2) wBChich states all the sellers prevailing terms of sale.
(c) This minimum price prohibits any price c~onc~ession through
a rebate or allowanlce or commission or refund or paymlent or deal
or by any oth~e ineanls whatsoever.
(e) Nlio Exterminatoor FliumigSator, or Disinfect~or shall quote a.
a quantity price. ,
(e) NJo Exterminator, Fumigator, or Disinlfector shall quote? a
false price which is intendedct to mislead or deceive the purchaser
and through it unfairly injure a competitor.
(f) No Exttermninator, Fumigaator, or Disinfector shall issue any
bill or invoice which shall not contain the true a~nd exaict terms
of sale and service involved.
(g) No Extermilnator, F'umigator, or Disinfeetor shall be a party
to the unfair practice commonly known throughout the indu~stry
as Bid Peddling."
8. Price List.--(a) TChere shall be submitted as a r~ider to this
Code, a minimum price list to govern some branches of the extermli-
nating, fumigating, and disinfecting service inasmuchl as the practice
of selling service below the actual cost of production, has b~een
the major cause of lowT wagSes and general loss to the entire~ disin-
fePct~ing,~ extermiinatingl andl fumnigating service indurstry3.
(b) The price of service in th~e price list is based upon the reason-
able cost as defined in Section 6, P~aragraph C, plus an added profit
of not less thanl 15%. Other p~ic~es not covered in the list shall be
bas~ed upon the same formula.
9. Aldministraction.---(a) Inasmuch as there is no A~sc~iaition of'
National charac~terl trulyr r~epresentativet of the be t in~te1rests in the
Exterminating, Fumnigating~, and Disinfectingr indlustrly and ex;press~-
ingf a national oplinion regarding pr~actices of this industry, the
'Administrator shall appoint a Code! Conun ritt ee of sixr members
drafted from the r~epresentativv e "petrso~ns "" within thle industry and
three nonvoting members not within the industry.
(b) This committee~ shall have authority to estalblishl sulch sub,-
comrmittees and state, regional, or local committees,, su;bc~ommitte~s~
or agencies with such delegated powers, as it may deemn nec~essry
and this committee may at anyT time and from time to time r~equi~e o
any employer, trade association, or professional b~ody in the Exutermi-
nating, F'umig~ating, and Disinfecting Service Industry3 alny infor-
mation relating to wages of employees, hours of Inbor, or other
conditions of or in the Extermin~a~ting, Fumnigat~ing. & Disinfect~ing
Service Industry pertaining to ther provisions or the oplerantion of
this Code, and may, and at the request, of the Ad~Cminist 'lrator shall,
from time to time present to him such information or reports as he
may require; and this committee may, nda rcmedthen reus to ofth
Administrator shall, present to him uh eomedton stocn
editions in the Exterminating, Fumigat~ing, and Disinfecting~ Service
Industry as they may develop, as he may specify, together with such
other recommendations as in th~e o~pinion of the committee m~ay te~nd
to effectuate the operation of the provisions of this Code or any
supplemental codle proposed or made a par~t of this Code or th~e
policy of the National Indul~str~in Rec~overy Act.

10. Adminstrtive expcrimes~.-All emlployers and persons as de-
fined in this Code shall bear their eqtutable share of thet expense
incident to the administration of this Code of Fair Compe~ctition
ulnder such rules and regrulations as may be approved by cthe Pre~sident
under Sect~ion 10 (a) of Title 1 of the Nationall Industrial
RecoveryS Act.
11. Gen~er~al P~ocl.~;vcion ---(a)a No pr1ov~i.sions~ of this Code shall be
interpreted, applied, or prancticed in such manner as to promote or
permit monopoly or monop~lolistice practices, or to elimiinate or op-
press small enlterplr~ises, or to d~iscrimina~lte aga~in~t thnem.
(b) Th~e violation of any of the prov,\isionsa of this Code1 or of anyJ
rule or reg~tulation. is-ued~ approved\'~'- by the Prec.cident of
the United ~State.- shall be deemedi~t to be unfair method\ of competition.
(c) Nonre of the provisions olf this Code shall be~comle effect i\v or
p~racticedl by anyone in the Industry until the Code is approved'~ byT
the3 President of the Ulnited' States.
(d) I~f any13 provisions of th~e Code be declared invalid or unen-
for~ceable, the remaining prov-,\is;ions~; shall n1\evertheless continue~ in
full force andli effect, th~e same as if theyl) had been separately pre-
sentedl for approval and approvPed by the Presidenrt of the United
(e) This Code shall be in effect beginning ten (10) day-s after its
approval by the President of thne United States alnd shall remain
in effect unless and until modified or revoked, and until the exspira-
tion of the National Indust~rial Rtecovery ALct.
12. AmIlendmen)tils---(a) This Code and all the provisions thleretof
are expressly made subject to the power of the President, inl accord-i
ance. with the provision of Clause~ 10 (b) of the ~National I~ndustrial
Recovery Act, from time to time to cancel or modify any order,,
approval, license, rule, or regulation. issued under Title 1. of said
ALct and specifically to the powccer of the ~Presidlent to cancel or
modify his approval of this Code or any conditions imposed by him
upon his approval hereof.
(b) Such of the provisions of this Code as are nlot required to be
included therein by the National Inldustrial Recovery Act may, with
the. approval of the President, be modified or eliminated,. as changes
in circumstances or experiences mnayidctb mehstoe
prescr ibed by the Code Committee ofteEtrinating. Fumigaodst-~
ing &r Disinfec~tina 'Industry. It is contemlplatedl that from time to
time supplementary provisions to this Code or additional Codes
willbe submitted for the approval of the `President, to prevent unfair
competition in price and other unfair and' destructive competitive
practices and to effectuate thle other purposes and policies of Title 1
of the National Indlustrial Re~covery Act consistent with the pro-
visioDS hereOT.
Respect~ifully submitted.


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