Code of fair competition for the artificial limb manufacturing industry as approved on August 28, 1934

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Material Information

Title:
Code of fair competition for the artificial limb manufacturing industry as approved on August 28, 1934
Portion of title:
Artificial limb manufacturing industry
Physical Description:
p. 85-98 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Artificial limbs -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1602-02."
General Note:
"Approved Code No. 514."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930215
oclc - 643315424
System ID:
AA00007728:00001

Full Text





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SNATI RECOVERY ADMINISTRATION




,CODE OF FAIR CO PITION

FOR THE /

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S FACTURI INDUSTRY


.... : AS APPROVED ON AUGUST 2 f93
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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
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Approved Code No. 514

CODE OF FAIR COMPETITION
FOR THE

ARTIFICIAL LIMB MANUFACTURING INDUSTRY

As Approved on August 28, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE ARTIFICIAL LIMB
MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Artificial Limb Manufacturing Industry,
and hearing having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved; provided, how-
ever, that within ninety days I may direct that there be a further
hearing on such of the provisions of said Code as I may designate,
and that any order which I may make after such hearing shall have
the effect of a condition on the approval of said Code; provided,
further, that the following changes be, and the same hereby are,
made:
(1) That Section 1 of Article III be, and the same hereby is
amended to read as follows:
No employee shall be permitted to work in excess of forty (40)
hours in any one week, or six (6) days in any seven day period, or
eight (8) hours in any one day."
(2) That Section 2 of Article III be, and the same hereby is
amended to read as follows:
The provisions of this Article shall not apply to-
(a) Employees engaged in emergency work involving break downs
or the protection of life or property, provided that such employees
829370-1044-125---34 (85)







shall be paid time and one-half the normal rate of pay for all hours
worked in excess of forty (40) hours per week and eight (8) hours
per day.
(b) Executives who receive thirty-five (35) dollars or more per
week, and outside salesmen."
(3) That Section 3 of Article IV be, and the same hereby is
amended to read as follows:
"Apprentices may be employed at a wage not less than eighty (80)
per cent of the minimum herein set, forth, provided, however, that
the number of handicapped apprentices shall not at any time exceed
fifteen (15) per cent of the total number of employees in each estab-
lishment, and the number of non-handicapped apprentices shall not
at any time exceed five (5) per cent of the total number of em-
ployees in each establishment. In cases where twenty (20) per cent
is less than one, each member of the Industry shall be allowed one
apprentice."
(4) That Section 2 of Article VIII be, and the same hereby is
amended to read as follows:
"When any member of the Industry has filed any revisions, such
member shall not file a higher price within forty-eight (48) hours."
HUGH S. JOHNSON,
Administrator or or Industrial Recovery.
Approval recommended:
GEO. L. BERRY,
Division A administrator.
WASHINGTON, D.C.,
August 28, 1934.












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair 'Competition for the
Artificial Limb Manufacturing Industry, the hearing having been
conducted in Washington on the 27th day of March, 1933, in ac-
cordance with the provisions of Title I of the National Industrial
Recovery Act.
GENERAL STATEMENT

The Artificial Limb Manufacturing Industry in 1933, embraced
approximately 252 establishments engaged in the manufacturing,
sale and servicing of artificial limbs and limb supplies, with an
aggregate invested capital of approximately three and one-half mil-
lion dollars. The aggregate annual sales have declined from ap-
proximately $3,500,000.00 in 1929 to $2,750,000.00 in 1933. The
Industry's output fell from 88% in 1929 of its possible maximum
production to 68% in 1933.
HOURS AND WAGES

The Code provides a standard work week of forty-five (45) hours
and a standard work day of nine (9) hours. Exception is made for
employees engaged in emergency work involving breakdowns or the
protection of life and property, provided they are paid time and
one-half for all overtime in excess of the standard work day and
standard work week. Executives who receive thirty-five ($35.00)
or more per week and outside salesmen are also exempted.
The Code provides for a standard wage of 400 per hour with
exceptions for accountants, clerical and office employees who are
to be paid not less than $15.00 per week. Exception to the standard
wage provision is also made for the apprentices who may be em-
ployed for a period not to exceed six (6) months at eighty (80)
percent of the minimum wage as established by the Code. It is
also provided that female employees performing substantially the
same work as male employees shall receive the same rate of pay as
male employees.
ECONOMIC EFFECT OF THE CODE

There will probably be very little increase in employment in this
industry, as a result of the Code, because the number of skilled
employees has remained almost constant over a period of years. The
only variation in total number of employees has been that for the
unskilled workers. A reduction of hours has caused a transfer of
some of the less skilled work, formerly performed by the skilled
Workers, to the unskilled workers thus producing a slight increase
(87)







in number of this class of employees. This industry has always paid
their employees a high average wage, with the minimum wage only
being paid to about. twenty-five (25) percent of the employees in
the industry.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the pro-
ceedings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elim-
inating unfair competitive practices, by promoting the fullest pos-
sible ultilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (c) of Section 10 thereof; and that the applicant asso-
ciation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
Members of this Industry have co-operated in a most satisfactory
manner with the Administrator in the preparation of this Code.
From evidence adduced during this hearing and from recommen-
dations and reports of the various Advisory Boards it is believed
that this Code as now proposed and revised represents an effective,
practical, equitable solution for this Industry and for these reasons
this Code has been approved.
Respectfully,
HUOH S. JOHNSON,
Administrator.
AU(UST 28, 1934.











CODE OF FAIR COMPETITION FOR THE ARTIFICIAL
LIMB MANUFACTURING INDUSTRY

ARTICLE I--PRPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Code of Fair Competi-
tion for the Artificial Limb Manufacturing Industry, and its pro-
visions shall be the standards of fair competition for such industry
and shall be binding upon every member thereof.
ARTICLE II-DEFI-TIONs

SECoN 1. The term "The Artificial Limb Manufacturing In-
dustry as used herein means and includes the business of producing
and/or selling by the manufacturer of artificial limbs and/or limb
supplies.
SECTION 2. The term "member of the Industry" includes any
individual, except those charitable institutions who have pledged
themselves to the Sheltered Workshop Agreement, partnership, as-
sociation, corporation or other form of enterprise engaged in the
industry, either as an employer or on his or its own behalf.
SECTION 3. The terms "President", "Act and "Administrator"
as used herein shall mean respectively the President of the United
States, Title I of the National Industrial Recovery Act, and the Ad-
ministrator for Industrial Recovery.
SEcTION 4. The term employee as used herein includes any and
all persons engaged in the industry, however compensated, except a
member of the Industry.
SECTION 5. The term employer as used herein includes anyone
by whom any such employee is compensated or employed.
SECTION 6. Population for the purpose of this Code shall be de-
termined by reference to the latest Federal Census.

ARTICLE IIII-Hours
SECTION 1. No employee shall be permitted to work in excess of
forty-five (45) hours in any one week nor more than nine (9) hours
in any twenty-four (24) hour period beginning at midnight; pro-
vided that the forty-five (45) hours shall begin Monday morning
and terminate not later than one o'clock Saturday afternoon.,
SEoTION 2. The provisions of this Article shall not apply to:
(a) Employees -engaged in emergency work involving break-
downs or the protection of life or property, provided that such em-
ployees shall be paid one and one-half times the normal rate of pay
for all hours worked in excess of forty-five (45) hours per week and
nine (9) hours per day.
SAmended-See paragraph 2 (1) of order approving thigh Code.
(89)








(b) Executives who receive thirty-five ($35.00) dollars or more
per week, and outside salesmen.'
SECTION 3. No employer shall permit any employee to work a total
number of hours which when complied with that already worked for
another employer or employers exceeds the maximum permitted
herein.
ARTICLE IV-WAGES

SECTION 1. No employee shall be paid in any pay period less
than at the rate of forty (400) cents per hour, except as hereinafter
provided.
SECTION 2. No employer shall pay any accounting, clerical, office
employee (except outside salesmen) less than at the rate of fifteen
($15.00) dollars per week.
SECTION 3. Apprentices may be employed at a wage not less than
eighty (80%) per cent of the minimum herein set forth, for a period
not to exceed six (6) months, provided, however, that the number
of such apprentices shall not at any time exceed twenty (20%) per
cent of the total number of employees in each establishment. In
cases where twenty (20%) per cent is less than one, each member
of the industry shall be allowed one apprentice.3
SECTION 4. This article establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piece-work, or other basis.
SECTION 5. No employee, except an employee engaged in a super-
visory, managerial, executive or selling capacity who is paid fifty
($50.00) dollars per week or more, shall be paid a wage rate, whether
a time rate or piece rate or whether paid on a bonus, commission or
other basis which will yield a less wage for the shorter full time week
herein established than he could have earned for the same class of
work for the longer full time week as of June 16, 1933. Wage in-
creases established under the President's reemployment agreement
shall at least be maintained. All employers who have not already
made an equitable adjustment of wages, shall, within thirty (30)
days after the effective date of this Code, make such equitable adjust-
ments. Every employer shall, within sixty (60) days after the
effective date of this Code, report to the Code Authority for trans-
mission to the Administrator, the action which he has taken in
accordance with this Section. In no case shall rates of pay be
reduced.
SECTION 6. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees, and when they are engaged to replace male employees,
they shall receive at least the same rate of.wages as the males whom
they displace.
SECTION 7. All employers shall make payment of all wages due
in lawful currency or by negotiable check therefore, payable on
demand. Wages shall be paid at the end of each weekly period.
These wages shall be exempt from any payment of pensions, insur-
ance or sick benefits other than those voluntarily paid by employees
or prescribed by law. Employers or their agents shall not accept
SAmended-See paragraph 2 (2) of order approving this Code.
Ameuded-See paragraph 2 (3) of order approving this Code.








directly or indirectly rebates on such wages or give anything of
value or extend any favors to any person for the purpose of influ-
encing rates of wages or working conditions of their employees.
SECTIoN 8. The provisions of the Article regarding payment of
wages at the end of each weekly period shall not apply to persons
employed in a managerial or executive capacity who earn not less
than thirty-five ($35.00) dollars per week, nor to persons employed
in clerical or office work. The wages for persons employed in cleri-
cal or office work shall be paid at the end of pay periods not to exceed
semi-monthly periods.
ArmICLu V-GENERAL LABOR PROVISIONS
SFcrToN 1. No person under sixteen (16) years of age shall be
employed in the industry, nor anyone under eighteen (18) years of
age at operations or occupations hazardous in nature or detrimental
to health. The Code Authority shall submit to the Administrator
for approval a list of occupations or operations deemed hazardous
in nature or detrimental to health within three (3) months from
the effective date of this Code. In any State, an employer shall be
deemed to have complied with this provision as to age, if he shall
have on file a valid certificate or permit duly signed by the author-
ity in such State empowered to issue employment or age certificates
or permits showing that the employee is of the required age.
SECTION 2. It is hereby provided that:
(a) 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 em-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted activities for
the purpose of collective bargaining or other mutual aid or pro-
tection.
(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 joining, organizing, or assisting a labor organization of
his own choosing, and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment ap-
proved or prescribed by the President.
SECTION 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
SECTION 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employment.
Standards for safety and health shall be submitted by the Code Au-
thority to the Administrator for approval within six (6) months
after the effective date of the Code.
SECTION 5. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
ments as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, than are imposed by this Code.
SECTIoN 6. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every mem-.








ber of the Industry shall comply with all rules and regulations
relative to the posting of provisions of Codes of Fair Competition
which may from time to time be prescribed by the Administrator.
SECTION 7. For the purpose of this Code, physicians, surgeons, and
other persons attending, treating or caring for the sick, injured or
deformed, as their patients or clients, in recommending or ordering
the purchase by their clients of artificial limbs and/or supplies em-
ployed in the treatment of deformities, shall not be considered bona
ide employees.
SECTION 8. No employee now engaged at a rate above the minimum
shall be discharged and reemployed or replaced by another at a
lower rate for the purpose of evading the provisions of this Code
or the purposes of the Act:
SECTION 9. No employee shall be discharged, demoted or otherwise
discriminated against by reason of making a complaint or giving
evidence with respect to an alleged violation of this Code.
ARTICLE VI-ADMINISTRATION
SECTION 1. There shall forthwith be established a Code Authority
consisting of five (5) persons to be selected by a fair method of
selection approved by the Administrator from the Artificial Limb
Manufacturing Industry.
SECTION 2. In addition to membership as above provided there
may be three (3) members without vote and without compensation
from the industry to be appointed by the Administrator to serve
for such times as he may specify.
SECTION 3. The Artificial Limb Manufacturing Industry Code
Authority may incorporate under the laws of any State of the
United States or of the District of Columbia, or may assume or
adopt such existing corporate form under any of such laws as it
may deem appropriate for the proper performance, as and from the
effective date, of its activities, powers and duties hereunder, such
corporation or corporate form to be not for profit and to be known
as Artificial Limb Manufacturing Industry Code Authority, In-
corporated; provided that the powers, duties, objects and purposes
of the said corporation shall, to the satisfaction of the Admin-
istrator, be limited to the powers, duties, objects and purposes of
the Artificial Limb Manufacturing Industry Code Authority as pro-
vided in this Code; provided, further, that the existence of the said
corporation shall be during the term of the Code; and provided,
further, that the Code Authority shall submit to the Administrator,
for his approval, its proposed Certificate of Incorporation and pro-
posed by-laws, and no amendment of either shall be made without
the like prior approval of the Administrator; and provided fur-
ther, that the Code Authority shall submit, with its proposed Cer-
tificate of Incorporation and By-Laws, the written opinion of an
attorney-at-law qualified in and conversant with the laws of the
jurisdiction in which the Code Authority seeks to be incorporated,
as to the nature and extent of the jurisdiction, powers and authori-
ties exercisable by the State in question and its agencies over the
activities of the Code Authority as a corporation, supporting such
opinion by citation of relevant authorities, and supplementing the







same with a table, certified to be complete, of all laws, statutes and
other regulatory provisions governing corporations created pur-
suant to the laws under which the Code Authority seeks to be in-
corporated. If at any time, the Administrator shall determine that
the corporate status assumed by the Code Authority is interfering
with the proper exercise of its powers and duties under this Code,
or with the effectuation of the policies or purposes of the Act, he
may, after such notice and hearing as he may deem necessary, re-
quire an appropriate modification of the structure of the Corpora-
tion (if consistent with the law of the State of Incorporation), the
substitution of a corporation created under the laws of another
State in the same manner as the existing Code Authority, the sub-
stitution of a non-corporate Code Authority truly representative
of the industry or such other actions as he may deem expedient.
SECTION 4. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator for his approval true copies
of its articles of association, by-laws, regulations, and any amend-
ments when made thereto, together with such other information as
to membership, organization, and activities as the Administrator
may deem necessary to effectuate the purposes of the Act.
SECTION 5. In order that the Code Authority shall at all times
be truly representative of the industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper; and thereafter if he shall
find that the Code Authority is not truly representative or does not
in other respects comply with the provisions of the Act, may re-
quire an appropriate modification of the Code Authority.
SECTION 6. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor
shall any member of the Code Authority be liable in any manner to
anyone fo: any act of any other member, officer, agent or employee
of the Code Authority. Nor shall any member of the Code Author-
ity, exercising reasonable diligence in the conduct of his duties here-
under, be liable to anyone for any action or omission to act under
this Code, except for his own wilful malfeasance or non-feasance.
SECTION 7. If the Administrator shall at any time determine that
any action of a Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Code Authority or agency pending final action which shall
not be effective unless the Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
SECTION 8. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provi-
sions of this Code.
(a) To insure the execution of the provisions of this Code and
to provide for the compliance of the industry with the provisions of
the Act.








(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code
Authority, members of the Industry subject to this Code shall fur-
nish such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of the Act to
such Federal and State agencies as he may designate; provided that
nothing in this Code shall relieve any member of the Industry of
any existing obligations to furnish reports to any Government
agency. No individual report shall be disclosed to any other member
of the Industry or any other party except to such other Govern-
mental agencies as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code and that such
trade associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code and such other codes,
if any, as may be related to or affect members of the Industry.
(f) 1. It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair com-
petition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itmeized budget of its estimated expenses for the fore-
going purposes, and (2) an equitable basis upon which the funds
necessary to support such budget shall be contributed by members
of the Industry;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable
contribution as above set forth by all members of the Industry, and
to that end, if necessary, to institute legal proceedings therefore in
its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Au-
thority. determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Administrator. Only
members of the Industry complying with the Code and contrib-
uting to tlie expenses of its administration as hereinabove provided,
shall be entitled to participate in the selection of members of the
Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any emblem or insignia of the National
Recovery Administration.
3. The Code Authority shall neither incur nor pay any obligation
in excess of the amount thereof as estimated in its approved budget,







except upon approval of the Administrator; and no subsequent
budget shall contain any deficiency item for expenditures in excess
pf prior budget estimates except those which the Administrator
shall have so approved.
(g) To recommend to the Administrator any action or measures
deemed advisable, including further fair trade practice provisions
to govern members of the Industry in their relations with each
other or with other industries; measures for industrial planning,
and stabilization of employment; and including modifications of
this Code which shall become effective as part hereof upon approval
by the Administrator after such notice and hearing as he may
specify.
(h) To appoint, a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to the industry for the purpose of formu-
lating fair trade practices to govern the relationships between em-
ployers under this Code and under such other codes to the end that
such fair trade practices may be proposed to the Administrator
as amendments to this Code and such other codes.
(i) To provide appropriate facilities for arbitration, and subject
to the approval of the Administrator, to prescribe rules or pro-
cedure and rules to effect compliance with awards and determina-
tions.
ARTICLE VII-COST AND PRICE CUTTING

SECTION 1. The standards of fair competition for the industry
with reference to pricing practices are declared to be as follows:
(a) Wilfully destructive price cutting is an unfair method of
competition and is forbidden. Any member of the Industry or of
any other industry or the customers of either may at any time com-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enter-
prises or tending toward monopoly or the impairment of code wages
and working conditions. The Code Authority shall within five (5)
days afford an opportunity to the member filing the price to answer
such complaint and shall within fourteen (14) days make a ruling
or adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of N.R.A. which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that considera-
tion should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale be-
low the stated minimum price of such product, in violation of
Section 2 hereof, is forbidden.
SECTION 2. Emergency Provisions:
(a) If the Administrator, after investigation shall at any time
find both (1) that an emergency has arisen within the industry ad-
versely affecting small enterprises or wages or labor conditions, or
tending toward monopoly or other acute conditions which tend to
defeat the purposes of the Act; and (2) that the determination of








the stated minimum price for a specified product within the industry
for a' limited period is necessary to mitigate the conditions con-
stituting such emergency and to effectuate the purposes of the Act,
the Code Authority may cause an impartial agency to investigate
costs and to recommend to the Administrator a determination of
the stated minimum price of the product affected by the emergency
and thereupon the Administrator may proceed to determine such
stated minimum price.
(b) When the administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National In-
dustrial Recovery Act, he shall publish such price. Thereafter.
during such stated period, no member of the Industry shall sell such
specified products at a net realized price below said stated minimum
price and any such sale shall be deemed destructive price cutting.
From time to time, the Code Authority may recommend review or
reconsideration or the Administrator may cause any determinations
hereunder to be reviewed or reconsidered and appropriate action
taken.
ARTICLE VIII-OPEN PRICE

SECTION 1. Each member of the Industry shall file with a con-
fidential and disinterested agent of the Code Authority, or, if none,
then with such an agent designated by the Administrator, identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this Article referred to
as price terms ", which lists shall completely and accurately con-
form to and represent the individual pricing practices of said mem-
ber. Such lists shall contain the price terms for all such standard
products of the industry as are sold or offered for sale by said
member and for such non-standard products of said member as
shall be designated by the Code Authority. Said price terms shall
in the first instance be filed within thirty (30) days after the date
of approval of this provision. Price terms and revised price terms
shall become effective immediately upon receipt thereof by said
agent. Immediately upon receipt thereof, said agent shall by tele-
graph or other equally prompt means notify said member of the
time of such receipt. Such lists and revisions, together with the
effective time thereof, shall upon demand immediately be made
available to any member of the Industry and to all of their cus-
tomers who have applied therefore and have offered to defray the
cost actually incurred by the Code Authority in the preparation
and distribution thereof and be available for inspection by any of
their customers at the office of such agent. The Code Authority
shall maintain a permanent file of all price terms filed as herein
provided, and shall not destroy any part of such records except
upon written consent of the Administrator. Upon request the Code
Authority shall furnish to the Administrator or any duly desig-
nated agent of the Administrator copies of any such lists or
revisions of price terms.








SECTIoN 2. When any member of the Industry has filed any
revisions, such member shall not file a higher price within sixty
(60) days.'
SECTION 3. No member of the Industry shall sell or offer to sell
any products of the industry, for which price terms have been filed
pursuant to the provisions of this Article, except in accordance
with such price terms.
SECTION 4. No member of the Industry shall enter into any agree-
meAt, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the
Industry to change his price terms by the use of intimidation,
coercion, or any other influence inconsistent with the maintenance
of the free and open market which it is the purpose of this Article
to create.
ARTICLE IX-TRADE PRACTICES

The following practices constitute unfair methods of competition
and are prohibited:
SECTION 1. No member of the Industry shall offer or make any
payment or allowance of a rebate, refund, commission, credit, un-
earned discount or excess allowance other than of a legitimate nature
as given in published price lists and;/or discount sheets, whether in
the form of money or otherwise nor shall a member of the Industry
secretly offer or extend to any customer any special service or privi-
lege not extended to all customers of the same class, for the purpose
of influencing a sale.
SECTION 2. To accept an order for an artificial limb by agreeing
to credit the payment. of a deposit already made to another manu-
facturer; or to deduct the amount. of the deposit paid to another
manufacturer from the price of a limb, or to cause a person who
has already placed a bona fide order for an artificial limb with an-
other manufacturer to cancel such order, is prohibited.
SECTION 3. No member of the Industry or his agent shall publish
any advertising or utter any statement which refers inaccurately
in any material particular to his products or to any competitors or
their goods, prices, values, credits, terms, policies or services. Nor
shall any member of the Industry exhibit or cause to be exhibited
samples or alleged samples of a competitor's products.
SECTION 4. The Code Authority shall within thirty (30) days
after the effective date of this Code establish an order form and
warranty which shall be capable of uniform application through-
out the industry which shall be submitted to the Administrator and
upon his approval thereof shall be used by every member of the
Industry.
ARTICLE X-MODIFICATION

SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under Title I of said Act.
SAmended-See paragraph 2 (4) of order approving this Code.
a




UNIVERSITY OF FLORIDA
II l iallllmIllnmIIIll1111111 1111 l l
98 3 1262 08585 3074

SEzcoN 2. This Code, except as to provisions required by the
Act, may be modified on the basis of experience or changes in car
cumstances, such modifications to be based upon application to th-...
Administrator and such notice and hearing as he shall specify,
and to become effective on approval of the President.
ARTICLE XI-MONOPOLIES

No provision of this Code shall be so applied as to permit monop- P
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.
ARTICLE XII-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation i prices of goods
and services increase as rapidly as wages, it is recognized that price
increase except such as may be required to meet individual cost
should be delayed but when made such increases should, so far as
possible, be limited to actual additional increases in the sellers'
cost.
ARTICLE XIII-EFFECIVE DATE

This Code will become effective on the third Monday after its
approval by the President.
Approved Code No. 514.
Registry No. 1602-02.
O






.J.












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