Code of fair competition for the bobbin and spool industry as approved on May 3, 1934

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Material Information

Title:
Code of fair competition for the bobbin and spool industry as approved on May 3, 1934
Portion of title:
Bobbin and spool industry
Physical Description:
p. 579-590 : ; 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:
Bobbins (Textile machinery) -- Law and legislation -- United States   ( lcsh )
Textile machinery industry -- 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. 1333-1-06."
General Note:
"Approved Code No. 414."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004922064
oclc - 639949940
System ID:
AA00007743:00001

Full Text

I 'I
Her salb the Superntendent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 414


Registry No. 1333--1---08


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE


BOBBIN AND SPOOL

INDUSTRY

AS APPROVED ON MAY 8, 1984


WE DO OUR PART


I


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


























This publication Is for sale by the Superintendent of Documents, G~overnment
Printing Office, WVashington, D.O., and by district ofices of the Bureau of Boreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERgCE

Atlanta, Ga.: 504 Post Office Building.
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Chicago, Ill.: Suite 1706, 201 North Wells street.
Cleveland, Ohio: Chamber of Commerce.
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Detroit, M\ich.: 801 First National Bank Building.
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Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
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New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Custombouse.
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Philadelphia. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Loui~s, Mlo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 414


CODE OF FAIR COMPETITION
FOR THE

BOBBIN AND SPOOL INDUSTRY

As Approved on MVay 3, 19341


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE BOBBIN AND SPOOL
INDUJSTRY

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 Bobbin and Spool Industry, and hearings
ha ving been duly held thereon and the annexed report on saidCode
contanng findngs with respect thereto, having been made n
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 rested in me by Executive Orders of the
President, including Executive Order No. 6543--A, dated Decem.~
ber 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, on condition that
in the first sentence of Section 5, Article III, the words andi fiures,
"L forty-eight (48) hours per week ", be elimiinated and the word~s and
figures, forty-five (45) hours per week ", be inserted; and, pro-
vided, also that the provisions of Article VII, Section 2, insofar as
they prescribe a waiting period between the filing of price lists and
the effective date of revised price lists or revised terms and conditions
of sale be and they are hereby stayed for a period of sixty (60) days
from the effective date of this Code, or until my further Order.
HUOo S. JoHNSON,
Admnzistrator for Indu~strial Recovery.
Approval recommended :
A. R. GLBwar,
Division Adm~inistr~ator.
WBBsmwCONo, D.C.,
Mary 3, 1934.


68685 "--544--17---as


(579)













REPORT TO THE PRESIDENT


The PRESIDENT,
The W~hite House.
SIR: This is a report on the Code of Fair Competition for the
Bobbin and Spool Industry of the United States, as revised after a,
Public Hearing held in Washington, D.C., on the 18th day of De-
cember, 1933, mn accordance with the provisions of the National
Industrial Recovery Act.
PROVISIONS AS TO HOURS AND WAGES

Employment is limited to 8 hours per day and 40 hours per week
with the exception of those employees engaged in emergency mainte-
nance, or emergency repair work, but to provide for seasonable de-
mlands a tolerance is permrzitted for 6 weeks in any 26 weeks' period.
Maintenance crews, engineers, firemen, truckmen, shipping clierkcs
and delivery employees are allowed a tolerance of 8 hours per week.
Watchmen are not permitted to work in excess of 56 hours per week.
Time and one-half is paid for any work in excess of 8 hours per
day or 40 hours per week, except watchmen.
M~inimnum wages are established at not less than 35 cents and
clerical and office employees at not less than $14.00 per week.

ECONOMIC EFFECT OF THE CODE

~The Industry is an old estnblished Industry and is dependent on
the production of the Textile Industry.
Since: 1929 when t.he Industry employed approximately 2200 em-
ployees, employment has declined almost fifty percent in 1932. Due
to the President's Reemployment Agreement, an increase in em-
ployment of approximately 17 percent has been obtained.
It. is estimated that under the Code, and with the improvement
expected in the Text~ile Industry, the Industry will increase employ-
ment to the 1929 level.
Wage rates as established by the Code should increase the earnings
of the employees of the Industry proportionate to the 1929 level.
FINDINGS

The Deputy Administrator in his final repott eo adCd
having found as herein set forth and one;pr the bsi of sall hde po
ceeding~s 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 Recoveryr Act, including
removal of obstructions to the free flow of interstate and foreign
(580)






581


commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision by
eliminating unfair competitive practices, by promotingcr ----- the ful lest
possible utilization 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 rehaboilitating industry.
(b) Said Ilndustry normally employes not more than 50,000 em-
pyees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, incl ud'"gmg~ct without limita-an
tion Subsection (a) of Section 3, Subsection (a)ofScin7ad
Subsection (b) of Section 10 thereof and that the applicant asso-
ciation is an industrial association trujly representative of the afore-
said Industry; and that said association imposes no inequitable re-
strictions 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 discrimlinate 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.
For these reasons, this Code has been approved by me.
Respectfully,
Huan S. JoHNSON
Administrator,
MAlY 8, 1934.













CODE OF FAIR COMPETITION FOR THE BOBBIN AND
SPOOL INDUSTRY

ARTICLE I --PrrOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code
of Fair Competition for the Bobbin and Spool Industry, and shall
be the standards of Fair Competition for this Industry, and shall
be binding upon every member thereof.
ARTICLE TII-DEFNINTIONS
The term The Industry ", as used herein, means and includes
all corporations and their subsidiaries, firms or individuals, engaged
in the manufacture and sale of Bobbins and/lor Spools with applied
heads, and~/or repair parts therefore, and/or repairing thereof for
the textile manufactur~ing industry.
The term "' Employee ", as used herein, means any person engaged
In the Industry in any capacity in the nature of an empoerce-
ing compensation for his services, irrespective of th~e nature orloe eev
methd o pament of his compensation.
mTh o ahe term "YEnmployer ", as used herein, means anyone by whom
any such employee is compensated or employed.
TIhe term lemlber of Indust~ry ", as used herein, means any
employer engaged in the Industry as above defined, either as an
employer, or on his own behalf.
The term Aissciation ", as used herein, means the Bobbin
1\Ianufacturers Association.
The terms Presidcent ", "LAct ", and "Administrator ", as used
herein, shall mean respectively, the' President of the United States
of America, Title I of the National Industrial Recovery Act, and
the Administ~rator for Industrial Recovery.
ARTICLE III-HOURS
SEcTIrON 3.. NO 0Dployee shall be permitted to workr in excess of
forty (40) hours in any one week or eight (8) hours in any twenty-:
four (24) hour period, nor more than six (6) days per week
except as herein otherwise provided.
SECTION 2. The maximum hours fixed in Section 1 shall not apply
to employees engaged in an executive, managerial or supervisory
capacity, who receive more than thirty-five ($35.00) dollars per
wfeek, and outside salesmen.
SECTION 3. ?`he IllRsimUm hours fixed in Section 1 shall not apply
to any employee on emergency maintenance or emergency repair
w-ork involving breakdowns or protection of life or property, but
in any such special case at least one and one-half (11/2) times the
((182)






583


regular rate shall be paid for hours worked in excess of eight (8)
hours per day and forty (40) hours per week.
SECTIox 4. Watchmen may be employed not more than fifty-six
(56) hours in any one (1) week.
SECTION 5. 3famntenance crews, engineers, firemen, truckmen, ship-
ping clerks and delivery employees may be permitted to work not
in excess of forty-eight (48) hours in any one (1) weekr, provided
that not less than one and one-half (1%/) times the normal rate of
pay shall be paid for hours worked in excess of eight (8) hours per
day and forty (40) hours per weer.'
OECTION 6. Th~e maximum hours fixed in Section 1 shall not apply
for six (6) weeks in any twenty-six (26) weeks' period, during which
time overtime shall not exceed eight (8) hours in any one week;
provided, however, that in any such special case at least one and one-
half (11%) times the regular rate shall be paid for hours worked in
excess of eight (8) hours per day and forty (40) hours per wveek.
SECTION,. 7., No accuning,~ clerical or ofijce employee shall be emn-
ployed in excess of forty (40) hours in any one (1) week or nine (9)
hours in any one (1) day. Eight (8) hours shall constitute a normal
working day.
SECTION 8. No employer shall knowingily permt zlrancy employmeet
work for any time which, when totaled withta led efre
for another employer or employers, exceeds the maximum permitted
herein.
SECTION 9. Employers performing manual work or who are en-
gaged in mechanical operations shall not exceed the prescribed
maximum number of hours.

ARTICLEIV T7- AES

SECTION 1. No employee shall be paid less than thirty-five cents
(35d) per hour, except:
Clerical and office employees shall be paid at the rate of not less
than fourteen dollars ($14.00)_ per week.
SECTION 2. This Article establishes a minimum rate of pay regard-
less of whether an employee is compensated on a time-rate, piece-
work or other basis.
SECTION 3. Fem.le. employees performingr substantially the samne
quantity or class of work, or performing the same duties, as male
employees shall receive the same rates of pay as male employees.
SECTION 4. There shall be an equitable adjustment of all wages
above the minimum and to that end within sixty (60) days from
the approval of this Code, all such adjustments so made shall be
reported to the Code Authority and to the Administrator. In no
case shall wage rates be reduced.
SECTION 5. An employer shall make payment of all wages due in
lawful currency or by a negotiable check payable on demand.
SECTION 6. No employer, whether acting through agents or other-
wise, shall accept rebates or give anything of value or extend favors
to any person for the purpose of influencing rates of pay or the
working conditions of his employees.
1 See paragraph 2 of order approving this Code.







584


SECTION 7. A person whose earning capacity is limited because of
age, physical or mental handicap, or other infirmity, may be em-
ployed on light work at a wage below the minimum established by
this Clode, if the employer obtains from the State authority, desig-
nated by the United States Department of Labor, a certificate au-
thorizing such person's employment at, such wages and for such hours
as shall be stated in the c~ertificate. Such nut~hority shall be guided
by the instructions of the United States Department of Labor in
issumng certificates to such persons. Each employer shall file monthly
with the Code Authority~ a list of all such persons employed by him,
showing the wages paid to, and the maximum hours for such
employee.
ARTICLE V-GENERAL LABOR Provisions

SCECTION 1. (a) No person under sixteen (16) years of age shall
be employed in this Industry and no one under eighteen (18) years
of age shall be employed in operations or occupations hazardous in
nature or detrimental to health.
(b;) The Code Authority shall submit to the Administrator before
June 1, 1934. a list of such operations or occupations. In any State
an emnployer shall be deemedl to have complied with this provision
if he shall have on file a certificate or permit., duly issued by the
Authority in such St~ate empowered to issue employment or age cer-
tificates olr pecrmits, show~ing that the employee is of the required age.
SEC'TION 2. In1 compliance with Section 7 (a) of the Act, it is
p~rovidedl :
(n) Emiployees shall have the right to organize and bargain col-
lectively through representatives of their own choosing and shall
be free fromn the interference, restraint or coercion of employers of
labor or their agents in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
(b) No em~ploy'ee and no one seeking employment shall be required
as a condition olf employment to join any company union or to re-
fromn from jomning, organizing, or assisting a labor organization of

(c) Employers shall comply with the maximum hours of labor
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
SEcTION 3. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments; a~s to age of employees, wages, hours of wor~k, or as to safety,
healthh. sanitary or general working conditions, or insurance, or fire
protection! than are imposed by this Code.
SECTION 4. No em yp3er shall reclassify employees or duties of oc-
cupations performed by employees or engage in any other subterfuge
for the purpose of defeating the purpose or provisions of the Act or
of this Code.
SECTION 5. Each employer shall keep conspicuously posted at all
times in each shop, establishment or separate unit, or enterprise, com-
plete copies of Articles III. IV, and Y of this Code to the extent nec-
essazry to maRke them freely accessible to all employees, and comply






585


with any other posting regulation from time to time issued by the
Administrator.
Snorron 6. Each employer shall provide for the safety and health
of his employees at the place and during the hours of their employ-
ment. The standards for safety and health shall be submitted by
the Code Authority to the Administrator within six (6) months
after the effective date of this Code.
ARIrrCLE VI A DMlINISTRATION
SECOTION 1. To further effectuate the policies of the Act, a Code
Authority is hereby constituted to co-operate with the Admlinistrator
in the administration of this Code.
SECT~ION 2. The Code Authority shall consist. of seven (7) indi-
viduals, elected by the members of the Industry who shall be truly
representative of the Industry, or such other number as may be
approved by the Administrator, who shall serve for one (1) year or
until their successors shall have been elected and qualified. In ad-
dition thereto, the Administrator, in his discretion, mays designate
not more than three (3) persons to serve .on the Code Authority,
without vote, to represent the Administration.
SECTIon 3. Upon the approval of this Code, the Association shall
call a meeting of all of the known members of the Industry, giving
reasonable notice thereof, but not less than five (5) days, and starting
therein the time, place, and purpose of the same. At such meeting
the seven (7) members of the Code Authority shall be elected by the
members of the Industry; provided t~hat, if there be one, or if there
be more than one, who may not be a member, or members, of the
Association and such member, or members, should so request, then,
if one Non-Association member so requests, the members of the In-
dustry shall elect one Non-Association member to the Code Au-
thority or, if two or more Non-Association members so request, t~he
members of the Industry shall elect two Non-Association members
to the Code Aut~hority. Members of the Code Auth~ority shall be
eligible for re-election to succeed themselves. Any vacancy occur-
ring in the Code Authority shall be filled by the remaining members
thereof for the unexpired portion of the particular term.
SIECTION 4. Meetings of the members of the Industry, after the
initial meeting mentioned in the above Section 3, mnay be called by
the Chairman of the Code Authority, and, upon the written request
of not less than five (5) members of the Indu~stry, the Chairman
shall call such a meeting, after giving such reasonable notice thereof.
SECTION 5. Each member of the Indus~try, in person or by a duly
authorized representative, shall be entitled to one (1) vote in any
Industry meeting. The presence of a majority_ in numbers of all the
members of the Industry shall be necessary for the holding of an
Industry meeting, but less than a majo rityV may adjourn a meeting
from time to time. Provided, that a majority vote in numbers o
the members and, also, in the number of employees, as determined by
the number of employees averaged for the last preceding five (5)
calendar years, of those members who are in attendance at any such
meeting, shall be necessary for the determination of any question.
The Chairman of any Industry meeting shall be elected by a
majority in number of those in attendance at any such meeting.






586


SECTION 6. The Secretary of the Association shall call a meeting
of the Code Authority, as soon as possible after their election, when
the members thereof shall elect a Chairman thereof. Subsequent
meetings of the Code Authority may be called by the Chairman
thereof, and he shall be required to do so upon the written request
of at least two (2) members of the Code Authority. Reasonable
advance notice of all meetings of the Code Authority shall be given.
SECTION T. A majority of the members of the Code Auth~ority
shall be necessary to constitute a quorum for the transaction of any
business and a majority vote of the Code Authority shall be neces-
saryr for the determination of any question.
SECTIONu 8. In order that the Code Authority shall at all times
be truly representative of the Industry and in other respects comply
wpith the prov-isions of the Act, the Administrator may provide 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 wvit~h the provisions of the Act, he ma re-
quire an appropriate modification in the method of selection ofthe
members of the Code Authority.
SECTION 9. Members of t.he Industry shall be entitled to partici-
pate in and share the benefits of the activities of the Code Author-
ityS. The expenses of administering the Code shall be borne by the
members of the Industry. Such reasonable share of the expenses
of administration shall be determined by the Code Authority, sub-
ject to review by the Administrator, on the basis of volume and/or
such other factors as may be deemed equitable.
SECTIO0N 10. The Association shall: (a) impose no inequitable re-
strictions on membership therein, and (b) submit to the Adminis-
t~rator true copies of its Constitution and By-Laws, and any amend-
ments thereto, togaethler with such other information as to member-
ship, organization and activities as the Administrator may deem
necessary to effectuate the purposes of the Act.
SECTION 11. The Code Au~thority shall also have the following
p~owers and duties to the extent permitted by the Act:
(a) To adopt By-Laws, rules and regulations for its procedure
and for thie administration of the Code.
(b) To make such reports as the Administrator may require, and
require the members of the Industry t~o furnish reports on wages,
hours of labor, conditions of employment, number of employees,
volume of production, sales and shipments billed of the products of
the Industry, and other matters pertinent to the purposes of this Code
or of the Act. Such reports shall be so furnished at such time or
times, and in such form and manner, as may be specified by the Code
Authority and certified under oath if requested by the Code
Authori ty.
In addition to information required to be submitted by the Code
Authority there shall be furnished to government agencies such sta-
tistical information as the Administrator may deem necessary for
the~purposes recited in Section 3 (a) of the Act, but nothing herein
contained shall relieve anyone of any existing obligation to furnish
reports to government agencies.
(c) TPo investigate, subject to such rules and regulations as the
Administrator may prescribe, alleged violations of the provisions of






587


this CodZe and require any member of the Industry to furnish reports
pertinent to any complaint against such member and to cause an im-
partial agent or agency to investigate such books, papers, and docu-
ments to the extent necessary to verify such report.
(d) To recommend to the Administrator further trade practice
provisions to govern members of the Industry in their relations with
each other or with other industries, and to recommend to the Ad-
ministrator measures for industrial planning, including sta~biliza-
tion of employment.
(e)" To study the effect of the provisions of this Code upon the
Industryand consider proposals for amendments or modifications
and recommendations thereon from time to time to the Ad-
ministrator, which amendments or modifications shall become e~fec-
tive as part of the Code upon approval by the Administrat~or, after
such notice and hearing as he may specify.
(f) To appoint a trade practice committee which shall meet with
the trade practice commi ttees appointed under such other codes as
may be related to the Industry fr the purpose of formulating fair
trade practices to govern tie relationslups between production and
distribution employers under this Code and under such others to
the end that such fair trade practices may be proposed to the
Administrator as amendments to this Code and such other Codes.
(g) To appoint a competent person or agency, not affiliated with
the business of any member of the Industry, and any and all informa-
tion requested by the Code Authority, except as may be otherwise
provided by the Code, shall be filed with such competent person or
agency, and the same shall be deemed confidential. The reports of
individual members shall not be divulged to any member of the
Industry except in compiled summaries, but shaUl be available to
the Administrator upon request.
(h) To delegate any of its powers and duties to such agent or
agency as it may deem proper, provided the Code Authorityshall
not thereby be relieved of its responsibilities under this Cdand
such agent or agency shall be subject to the provisions thereof.
To appoint committees to carry out its duties if deemed necessary,
such as the following: Administration, Compliance, Finance, Trade
Relations, Subdivisional rand such other committees as may be

SECTION 12. 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 man-
ner to anyone for any act of any other member, officer, agent or em-
ployee of the Code Authority. Nor shall any member of the Code
Authority, exercising reasonable diligence in the conduct of his
duties hereunder, be liable to anyone for any action or omission to
act under this Code, except for his own willful misfeasance or
non-feasance.
SEcrzoN 13. If the Administrator shall at any time determine that
any action of the Code Authority or any agency thereof may be un-
fair or unjust or contrary to the public interest, the Admlinistrator
may require that such action be suspended to afford an opportunity
for investigation of the merits of such action and further consider-
ation by such Code Authority or agency pending final action, which






588


shall not be effective unless the Administrator approves, or unless
he shall fail to disapprove after thirty .(80) days' notice to him of
intention to proceed with such action in Its original or modified
form.
ARTICLE V~I -ATARK~ETING

SECTION 1. Within five (5) days after the effective date of this
Code each member of the Industry shall file with the Code Author-
ity, or such agency as the Code Authority may designate, copies of
his price lists, schedules and discount sheets covering all such prod-
ucts of the Industry as each member may manufacture and sell,
including therein all prices, terms, discounts, allowances, commis-
sions and conditions relating to, or in anywise affecting, any sale
of such goods.
SECTION 2. Any member of the Industry may so file revisions of
his price lists, schedules and discount sheets covering such products
to become effective five (5) days after the date of the receipt of the
sam bysuch agaency unless a shorter period be designated by the
Code AteuthorityB. raThereatr any other member of the Industry
may so file revisions of his price lists, schedules or discount sheets
to meet, and become effective concurrently with, any previously
revised and filed price lists, schedules and discount sheets, otherwise
said five (5) da'y period, or other designated period, shall govern as
to the effective date thereof.'
SECTION 3. O~ member of the Industry shall, directly or indirectly,
through an agent, for whose acts the member of the Industry as-
sumes responsibility, or by any means whatsoever, sell any product
of the Industry at a price different from or on different terms of
pa'yment than those provided in such member's filed and current
price lists, schedules and discount sheets. The Code Authority shall
have the power to determine if any discount, commission, bonus or
compensation paid or allowed by any such member of the Industry
to or for his said agent has been used, directly or indirectly, asa
meas o efectn~ra departure from the filed and current prices bya
ma o fsuch members cino"f the Industry involved, and if so determined, the
Code Aluthority may require such member to modify or discontinue
the payment of anp such discount, commission or other compensation.
SECTION 4. Copies of all such price lists, schedules and/or discount
sheets and all revisions thereof shall be distributed promptly by
such person or agency with whom they are filed, to all members o~f
the Industry w~ho have so filed such price lists, schedules and/or
discount sheets covering similar products, provided that all price
lists shall be available, at cost, to any interested parties.
AnnCer VTIII-UNFAIR TRAkDB PaBerlCES

The following acts shall constitute Unfair Trade practices and
none shall be used by any member of the Industry:
1. Interference whith Elfristing C~ontra~cts.-Knowinglyt nefr
with an existing contract for te sale and purchase of products ofe
thlis Industry, or induce, attempt to induce or assist a party to break
O see paragraph 2 of order approving this Coda






589


such a contract, after the contract therefore has been placed with
another selling member of this Industry, or ofEer lower prices or
better terms to induce or attempt to induce a revision of any such
existing contract.
2. Commercial Bribe~ry.--No member of the Industry shall give,
permit to be given, or directly offer to give, anything of value for
the purpose of influencing or rewarding the action of any employee,
agent, or representative of another in relation to the: business of the
employer of such employee, the principal of such agent or the repre-
sented party. This provision shall not be construed to prohibit free
and genera distribution of articles commonly used for advertising,
except so far as such articles are actually used for commercial bribery
as hereinabove defined.
3. Defarmation of Com~petsitors.--Ma ke, cause or permi t to be made,
or pubhlshed, any 'false statement or false representation of, or con-
cerning the business, policies, methods, or products of a competitor.
.4. Piracy of Trade Marks.--ImitateR trade marks, trade names,
slogans or other marks of identification, in which another has ac-
quired goodwill, for the purpose and with the effect of misleadlinga
purchasers.
5. False Advzer~tising.-Mlake, cause or permit to be madle, or pub-
lished any false, untrue or deceptive statement by way of advertising
or otherwise, concerning any grade, quality, substance, character,
origin or preparation of any product of this Industry.
6. M~isbranldin~g.--Falsely mark or brand packages or products of
this Industry, for the purpose, or with the effect, of misleading or
deceiving purchasers or others with respect to quality, quantity,
character, grade or substance thereof.
7. False In~vo~icing.-Witthhold from! or insert in, invoice facts
which would make the invoice a false record wholly or in part of the
transaction in question, or make any arrangement which would con-
template payment or settlement contrary to the face of the invoice,
except as might be indicated on the invoice.
8. Post-datin~g or Pre-dating C'ontracts orl Invoi'ces.--To post-date
or pre-date contracts or invoices covering products of this Industry,
except in the case of advance shipments on orders or contracts for
future deliveries.
9. Secret Rebates.-No member of the Industry shall secretly di-
rectly offer, refund, commission, credit, unearned discount or excess
allowance, whether in the form of money or otherwise, nor shall a
member of the Industry secretly offer to extend to any customer
any special service or privilege not extended to all customers of the
same class, for the purpose of influencing a sale.
10. Guaranty against Price Decline.--Guaranty against price de-
cline except as the same may be limited to the decline of the par-
ticular member of the Industry, and such guaranty shall apply only
to goods which are not delivered.
11. Consignments.-Ma~ke or enter into any agreement or con-
tract, the effect of which will amount to the sale and/or delivery,
on onsgnmntof ny products of this Industry, except under
circumstances to bedenebyteCdAuhrywreeclr
circumstances might require the practices.






590

AnncLnE 1 -MODIFCATIONS

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 said Act.
SECTION 2. This Codee, except as to provisions required by the Act,
may be modified on t.he basis of experience or changes in circum-
stances, such modifications to be based upon apphecation to the
Administrator and such notice and hearing as he shall specify, and
to become effect.ive on approval.

ARTICLE S--ATONOPOLIES

No provision of this Code, or amendments thereto, shall be
applied so as to promote monopolies, or monopolistic practices, or
to eliminate, oppress, or discriminate against small enterprises.

A~RTCLE XI--EFFEC TVE DATE

This Code shall become effective ten (10) days after its approval.
Approved Code No. 414.
Registry No. 1333-1-06.







UNIERIT OF FlLOIDAllll
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