Amendment to code of fair competition for the funeral supply industry as approved on April 13, 1935


Material Information

Amendment to code of fair competition for the funeral supply industry as approved on April 13, 1935
Physical Description:
7 p. : ; 23 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Publication Date:


Subjects / Keywords:
Funeral supplies industry -- Law and legislation -- 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. 307-1-01."
General Note:
"Approved Code No. 90--Amendment No. 3."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930313
oclc - 643339019
System ID:

Full Text






I *9
Forsalebythe SuperintendenrtofDocuments WashingtonD).C. - Pricej centsJ

Approved Code No. 90-Aanendment No. 3

Registry No. 307--1-01




This publicsntion is for sale bry thle Superintendent of Documents. Government
Printing Office, Washlington. D. C'., nod by the following N. R. A. offices:
Atlanta, Ga.: 625' Ci'tizens & Southern National Bank Building.
Baltimore, ~d. : 1.3r C'ustomhooue.
Birm~inghnm, Ala.: 201 Libejrty National1 Life Building.
Boston, Miass.: Rooml 1200,. 80 Ftlederal Street.
Buffalo, N?. YI.: 219 Whlite Building.
Chicaigo, Ill.: Roomz 2041, 4100 North lific~higan Avenue.
Cleveland, Ohio: 520: Bulkley Buildling.
Dallas, Tex.: 1212 Replub~lir Banik Buildling.
Detroit, Mich.: 4115 New\ Fed~eral Buildling.
Houston, Tex.: 403 lullam Building.
Jackrsonville, Fla.: 4J25 United States Courth~ouse and Post Oflee
Los Angeles, Calif.: 751 Figueron Street, South.
Louisville, Ky.: 408S Federal Building.
Mliunenpolls. Mlinn.: 900 Roanoke Building.
Na~shville, Tenn.: 415~ Cotton States Buildling.
N~ewark, N. J.: 434 Industriall Office Building, 1060 Broad Street.
New Orleans, La.: 214 Custombouse.
New Yorkr, N. T.: 45 BroadwayS.
Oklahoma City, Okrla : 07 Commercle Exchange Building.
Phiiladelphin, Pa.: 9~33 Commercial Trust Building.
Pittsburgh, Pa.: 4101 Law and Finance Building.
Portland, Oreg.: 4107 Park Build~ing.
Providence, Rt. I.: National Exchangre Bank Building, 17 Exchange
St. Louis, Mo.: Suite 12201, 500 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, T~S5 Manrket Street.
Seattle, W~ash.: 1730 Exchang~e Building.

Approved Code No. 90--Amendment No. 3



As Approved on April 13, 1935


An application having been duly made pursuant to and in full com~i-
pliance with the provisions of Tjitle I of the National Industrial
Recovery~ Act, approved June 1i, 1933, for approval of Amnendments
to thle Code of F'air Comnpetition for the Funeral Supply Industry,
andl a Public Hernling having been duly given thereon and the an-
nexedl report on said Amendments, containing findings with respect
thlereto, having been made and directed to t~he P~resident:
NOWV, THEIREFORE, on behal-f of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity rested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and otherwise,
does hereby incorporate by reference said annexed report and does
find that said Amendments and the code as constituted after being
amended complly in all respects with the pertinent provisions and will
promote the policy and purposes of said Title of said Act, and does
hereby orders that said Amendment be and they are hereby approved,
and that the previous approval of said Code is hereby amended to
include an appr~oval of said Code in its entirety as amended.
By W. A. HARRIMAN, Adm)inis;,trative' Offfoer.
Approval recommended :
JoHN W. Ure,
Acting Divisi'on Aldml.Ei istl~raor.

12801)5"---17i49-40----35 (1)


The White House.
SmR: This is a report on Amendments to the Code of Fair Clonpe-
tition for thne lFuneral Supply Industr-y, to incorporate provisions
requiring com~lplete trade reports from members of the Industr~y; to
include certain State~s in, the territorial div~isions; to authorize: mem-
bers of the Industry to enter an agreement for voluntarys payment
of damages for labor and trade practice v\iolations; and- to properly
m~sarki the products with the quality anrd essential specifications of the
mnaterialsi. These Amendmnlents wcere proposed -in necordance writh
Article XL of the Code as approved on Novemnber 4l, 1933 and a Public
Hearing was given on December 7, 1934.

The Assistant D~eputy Administrator in his final report to the Na-
tional Indulstrial Recovery Board on said Amnendmlents to said Code
having found as herein se~t forth and on. the basis of all the proceed-
ings in this ma~tter:
~The Amendment of Section 1A of Article V'I further defines and
makes more specific the Commodity Divisions established by the
Code, and establishes three newcp Divisions.
Finding.-his Amendment recognizes the need for further classi-
fication of thre Commnodity groups, in that through experience it has
been found that a more equitable representation was needed to pro-
mote the organnization of the In1dustry. The interests of the light-
gauge manufacturers, converters of textiles, and manufacturers of
set-up or knlocked-down shells and metal rough boxes, are through
this Amendmenit, given a greater representation, and the Code Au-
thority is better able to contact the members of the Industry and
enforce the provisions of the Code.
The Amenlldmelntt of Section IB of Article V'I considers t-he Geo-
graphical Divisions of the Industr~y.
FTiinding.--The Code, as approved, omitted certain States, and set
up some Divisionls that were found to be impractical. The State of
U.tah can be! be~t~ter adrministercred byT be~in contained in the North
Pacific D~ivision.
T~he Amendment of Article VII[, Section 2, by adding a newr Sub-
sectioni (c), provides for the keeping of necurate secounts and in-
sp~ection of records.
Fi~nding.-The Code, as approved, authorizes the Code Authlority
to make specific recommendations with reference to keeping of uni-
form, accounts, mnethodls and conditions of trading. To properly
effectuate the purposes of Title I of the National Industrial Recovery
Act, this Amendment will enable the Code Aut~hority to properly

determine whether or not a member of the Ilndustr~y is violating the
p'roisions of the Code. It will aid in elimninatinlg unfair trade p~rac-
tices, especially as to sales provisions and terms of sale. I~t will pro-
tect the small legitimate manufacturer wForkiing on a small margin,
from trade abuses which are~ threatening and tend to favor the larger~
manufacturer. The proper administration of the Code is further
strengthened ~by thiis Amiendment.
Thle Amlendment to Article VIII, by adding thle new Section 5,
provides for the proper labeling of thle products of thne Industry.
Finding.--The great vTariety of grades and qualities of the prod-
ucts of this Industry: allow\c the unscrupulous to mislabel or misrepre-
sent th1e products. A majority of ensket shells are covered by cloth,
which makes it impossible for the buyer to determine the material
used in manufacture of th-Je cas~ket. By proper labeling, both the
customer and the Code Authority are protected. The responsibility
of the goods can be placed and the Code Authoriycnatetct
all prices, an d is materially assisted in definitely furtering the pro-auhniat
visions of the Code.
The AImendm~ent to be identified as ALrticle XI[V provides for the
payment of liquidated damages.
Winding.-Members of any Commodity or Geograp'hical Division
who so desire, mnay enter into an agreement among themselves for
payment of liquidated damages
This voluntary agreement diffe~rs from present established prac-
tices, but this Amendment will tend to promote the gIeneral w7Pelfare
of the Industry and wCill improve the standlardls of labor through
increased employment and protection of wage and hour provisions.

(a) Thle Amlendments will not change th~e fundamental economic
conditions of the Industry, will not obstruct~ any sound economic
practice in th~e Industry and will further the economic progress of
any manufacturer or robber or memlber~s of the Fiuneral Supply
I nd~ust ry.
(b) The Code, as amended, complies in all respects with the per-
tinent provisions of said Title of said Act, including without hmni-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The C~ode empowers the Code Authority to present thne afore-
said Amendments on behalf of the Industry as a whole.
(d) The Code and the Code as amended are not designed to and
will not permit monopolies or monopolistic practices, and will not
eliminate or oppress small enterprises or discriminate against them.
Findinlg.--The Industry has approximately 1,000 members, and
directlyy affects approximately 25,000 members of the Funeral Serv-
ice Industry. Through the establishment of Comm~odity Divisions
and Geographical Divisions, the small enterprise is represented and
by establishing methods of cost finding and the filing of prices and
fair trade practice regulations, the tend;ency towards any monopoly
arismin iis not anticipated. The members of the I~ndustry vary in1
size from the large manufacturers of caskets with national distribu-
tion, to the individual local manufacturers of one product. The
Code offers to all members a voice in the administration of the In-

dustry. A Notice of Public Hearing was published, and the Amend-
mlents presented for discussion and review.
(e) ,TThose engaged in other steps of the economic process have
not eendeprived of the right to be heard prior to the approval
of said Amendments.
Find~i~ng.-lifembers of other industries effected by one of the pro-
posed Amendments, by letter and telegramn, filed protest, and after
review, this Amendlnent w;cas deletedt.
For these reasons, therefore, these Ameendments have been ap-
FEor the N\ational Industrial Recovery Board:
Admi~niz~ str'ative Ofi'cer.
APR L 13, 1935.




Subsection (1) to read:
(1) Metal Casket Division, consisting of manufacturers of metal
caskets, and/or of knocked down or assembled shells or major parts
thereof especially designed or machined for shells for metal caskets.
Subsection (2) to read :
(2) Cask~et H~iardware Division, consisting of manufacturers of
casket hardware, trinmimigs and ornaments, and/or of stampings or
castings for casket or vault hardware.
Sulbsection (3) to read:
(3) Me~tal Burial V~ault Division, consisting of manu77rfnctur~ers of
burial vaults and/or of major stamlpingas and major parts, especially
designed or mlachined therefore, exclusive of har~dware.
Following t~he present Subsections (4) and (5) insert additional
Subsections ~(6), (7) and (8), to read:
(6) Converters of textiles for funeral supplies and/or jobtbers
who specialize in the sale of textiles for funeral supplies.
(7) Mranufacturers of set up or knocked down shells, and/or major
parts especially designed or machined for shells, for wroodl caskets.
(8) Manufacturers of metal rough boxes, metal shipping con-
tainers, and/or other metal containers for caskets not classifiedl as
metal burial vaults, and manufacturers of major stampilings and
major parts especially designed or machined the~efor, exclusive of

Insert in Paragraph (4) prior to the wordls EasternI Pennsyl-
vania the wordl Delaware."~
Change the wording of Paragraphi (11) to read "'(11) Miountain
Division, consisting* of Arizona, Colorado, Mlontana, Nrew Miexico
and W'~yoming."'
Change thle wording of Paragraph (12) to read "(12) North Ptaci-
fic Division, consisting of Idaho, Oregon, Utah and W':ashington."~
Delete the period at the end of Paragraph (13) andi add and

Under Section 2, insert a new Subsection (c) to read:
(c) KLee~pingl of accounts andt inspection of ~records.--1. If th~e
Code Authorityv, or the Secretary of the Code Authority, or the agent
of the National Industrial Recover~y Board shall determine thatt sub-

stantial doubt exists as to the accur~acy of any report., so muchl of the
pertinent books, records and pa~per~s of such mlember as mnay be re-
quired for the ve~rification of such report may be examined by an
impartial agency agreed upon between the SecretaryS of the C~ode
Authority and such member or, in the absence of agreement, ap-
poinrted by the~ National Industr~ial Recove~ry Board. In no case
shall the facts disclosed by such examination be made available in
identifiable form to any competitor, whether on the Code Authorityv
or othrerw~ise, or be given any~ other publication except such as may
be required for the proper administration or enforcement. of the pro-
visionls of this Code.
2. The cost of each such examination shall be treated as an expense
of administeringr the Code.
3. Each~ meminer of the Industry shall k~eep written and accurate
time and payrroll records showing the actual number of w~orkting hours
of each and e-very employee receiving less than a regular weekly
wage, of $35, and the actual net amrounmt of money paidi t~o such em-
ployee(s), including as employees all members of the family or rela-
tives of the owner (s) atnd all stockholders or partners who are
employed in this Industry and employed by, or actively engaged in
work on behalf of, such member. No member shall fail or refuse to
keep such records or falsify such records.
4. No membr shall make any sale or delivery of funeral supplies
without making and keeping a "written invoice of each and every
transaction awnd each invoice shall be can accurate and true record of
the products furnished, prices, discounts or terms of the sale, and
shall include therein sufficient description as will, upon audit or in-
spesctiont enable anyone to readily and accurately determine the
t~ransactilon involved and the merchandise .furnished, and such de-
scription shall be in, such formn as will enable anyone having reason-
able knowledge of the products and terminology of this Ind~ustry to
readily determine whether the prices, discounts and terms of sale
ar~e in accordance with the prices, discounts and terms filed by such
member wcpit~h the. Codec Aulthority as being applicable, at the clate of
sale, to the products actually furnished in thle particular transaction.
5. No member shall withhold from any invoice st.atemenlts whichl
properly should be included therein so that., in the absence of such
statements, the invoice does not truly reflect t~he transaction involved.

Following the present Section 4, add a new Section 5 to read:
.(5) Larbet ing.--(a) M~etal Caskrets.--Every metal casket shall be
plainly labeled, on the outside, with a label stating the name of the
maker or seller and the krind and- gauge of t~he metal used in the con-
struction of the shell. WThen the shells are made fromt ferrous sheets,
the gauge shall be expressed in terms of U. S. Standard gaure, or
inr terms of dlecimalls of an inch. When the caskets are made~ of
copper or bronze sheets, the gauge shall be expressed in terms of
BErown & Sharpe Standard gauge for copper and bronze sheets.
(b) All other Caskelts and Hacrdroood Boses.--All other caskets
and hardwood boxes shall be labeled with labels stating the name
of th manufacturer or of thre firm or individuals selling them to

the trade, and also an accurate enunciation of the material used in
the construction thereof.
(c) Vauclts avnd other 2Metal Conta~inzers for Caskiets.--All metal
burial vaults or other metal containers for caskets shall be plainly
labeled, on the outside, with the name of the manufacturer or Seller,
and the gauge, in tetrms of 17.. S. Standard gauge, and kind, in trade
name, of thre metal used. The use! of trade names to indicate the kind
of metal used is approved but thne member using a trade name shall
file with the office of the Code ALuthority a statemenIt showing in gen-
eral terms, such as copper bearing steel, the compossition of such
(d) Any manufacturer of metal caskets and/or metal vaults
and/or other metal containers for caskets may only omit his own
label(s) when he sells such products) for distribution by refab-
ricators or wholesale distributors under their own labels provided he
first registers with the Secretary of the Code Authority a distinctive
identification symbol, such as a letter or mark or number, or combina-
tionl thereof, which will be used to identify the onoe manufacturer's
product only-, and applies such symbol at a definitely specified point
on the outside or on the outside of the bottom of each such metal cas-
ket and/or metal vault and/or other metal container for caskets, and
it shall be an act of unfair competition for th~e manufacturer to
fail to affix such symbol or for the refabricator or wholesale distrib-
utor to remove any symbol or label. The symbol is to enable the Code
Authority agents to identifyS the maker of a product and the regis-
tetred symbols may not be published to the members of the indus-
try except with the consent of the manufacturer registering such
(e) All labels or symbols shall be large enough to be easily read-
(f) The labels shall be irremovable in the sense that rem~oving
them will deface the finish or show a defaced spot in the finish. In
finished cases this can be done by lacquering or varnishinga over the
label. In textile covered cases, it can be done by cutting out of the
covering material a piece the size of the label anid fitting the label
in the void thus created.
Insert the following ars Alrticle XIV after Article IIII. Chrange
the present title of Ar~ticle XIV to "Arlticle XYT."'
Liquidated darLa~ge~s.--Any member of the IndusEtryS many enter into
an agreement with any other member or members of the. Industry
providing for the payment of liquidated damages byI any party
thereto upon violation by himi of any provision of the Codle, provided,
however, that such agreement shall become effective and b~indingr on
the parties thereto only after the execution thereof shall have re-
ceived the consent of the. National Recovery Adminiistration.
Approved Code No. 90-Amendment No. 3.
Regristry No. 307i-1-01.

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