Code of fair competition for the metal etching industry as approved on June 4, 1934

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Title:
Code of fair competition for the metal etching industry as approved on June 4, 1934
Portion of title:
Metal etching industry
Physical Description:
p. 163-176 : ; 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:
Metals -- Etching -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

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Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1620-01."
General Note:
"Approved Code No. 455."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004916200
oclc - 632248440
System ID:
AA00007763:00001

Full Text



Approved Code No. 455


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


FOR THE


METAL ETCHING INDUSTRY


AS APPROVED ON JUNE 4, 1934


WE DO OUR PARr


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


Registry No. 1620-01
























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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Seattle, Wash.: 9SO9 Federal Office Building.













Approved Code No. 455


CODE OF FAIR COMPETITION
FOR THE

METAL ETCHING INDUSTRY

As Approved on June 4, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE METAL ETCHING
INDUSTRY
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Metal Etching Industry, and hearings
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, f, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Pres-
ident, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed 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 the provisions of Article VII, Section 2, in so far as they
prescribe a waiting period between the filing with the Code Author-
ity (or such agency as may be designated in the Code) and the
effective date of price lists, as originally filed and/or revised price
lists or revised terms and conditions of sale, be and they hereby are
stayed pending my further Order.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
BARTON W. MURRAY.
Acting Diviion, Administrator.
WASHINGTON, D.C.,
June 4, 1934.


65339--657-26-34


(163)













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Metal Etching Industry as revised after the Public Hearing con-
ducted thereon in Washington D.C., on January 25, 1934, in accord-
ance with the provisions of the National Industrial Recovery Act.

RESUME OF THE CODE

Article I states the purpose of the Code.
Article II defines specific terms used in the Code.
Article III provides for hours of labor and rates of pay. This
Article provides for normal working day which shall not exceed
eight (8) hours and a normal working week which shall not exceed
forty (40) hours, nor shall any employee work more than six (6)
days in any one (1) week, except as provided in the following
exemptions:
Those engaged in executive, supervisory, or professional capacities,
provided all receive not less than thirty-five ($35.00) dollars per
week; outside salesmen, and watchmen, provided the last group shall
not be permitted to work more than fifty-six (56) hours in any
one (1) week, and not more than six (6) days in any one (1) week.
Exemptions are made which allow for conditions of unusual or
peak demand, provided that no employee may work more than forty-
eight (48) hours per week for twelve (12) weeks in any one (1) year.
Exemptions are also made for employees engaged in emergency
maintenance or emergency repair work involving breakdowns or
protection of life.
At least one and one-third (11/) times the normal rate shall be
paid for hours worked in excess of eight (8) per day, or forty (40)
per week.
The total time that an employee may be engaged by more than one
employer must not exceed the maximum number of hours permitted
by the Code.
The minimum wage for employees shall be forty (40W) cents per
hour unless the rate per hour of the same class of labor on July 15,
1929 was less than forty (40N) cents per hour, but in any case the
rate per hour shall not be less than thirty-four (340) cents per hour.
Female employees performing substantially the same work as male
employees shall receive the same rate of pay as male employees. Ac-
counting, clerical, office or sales employees shall be paid no less than
fifteen ($15.00) dollars per week.
The Code establishes a guaranteed minimum hourly wage for
labor regardless of whether the employee is compensated on a time
rate, piece work, or other basis.
(164)






165


It is stipulated that the wage rates in effect on June 16, 1933,
which were in excess of the minimum provided in the Code, shall not
be reduced and that there shall be an upward adjustment of such
wages if such adjustment has not already been made.
Article IV sets out the general labor provisions. It is provided
that no person under sixteen (16) years of age shall be employed,
and no person under eighteen (18) years of age at a hazardous occu-
pation. The procedure to be followed in complying with this pro-
vision in regard to minors is stated.
The mandatory provisions from Section 7 (a) of the Act are
included.
It is stated that no member of the Industry shall reclassify em-
ployees with the purpose of defeating the purposes of the Act.
It is stated that where more stringent provisions in state laws re-
garding labor are enforced, they shall be complied with. The man-
ner in which wages are to be paid is set forth.
Regulations concerning standards for safety and health and the
posting of the labor provisions of the Code are included.
It is also provided that no employee shall be dismissed for giving
evidence concerning an alleged violation of this Code.
Article V deals with administration. This specifies how the Code
Authority shall be established and how the Code shall be admin-
istered.
Article VI provides for a uniform system of cost accounting, and
an emergency clause concerning lowest reasonable cost.
Article VII describes the selling schedules.
Article VIII contains the unfair trade practices.
Article IX states that no employer shall use any subterfuge
to frustrate the spirit and intent of this Code.
Article X provides against monopolies or monopolistic practices.
Article XI contains the mandatory provisions of Subsection B of
Section 10 of the Act, relating to modifications.
Article XII states the effective date.

GENERAL STATEMENT

The principal products of this industry are etched metal name-
plates, such as are commonly used on refrigerators, desks and other
articles of furniture, and also the nameplates and escutcheons that
are placed on the radiators of automobiles. Other products include
the dials used in the instrument panels on automobiles, and many
of the articles undergo other operations such as enameling and paint-
ing in addition to the etching process. Many of the articles manu-
factured by the industry are purely decorative and could be classed
as luxuries. For this reason, the industry has suffered severely from
the effects of the depression, as shown by the fact that the value of
their sales declined eighty (80%) per cent in the period from 1929
to 1933.
Inasmuch as the average hours worked per employee in 1933 were
thirty eight (38) per week, it is not anticipated that the Code's pro-
visions for labor will increase employment at the production level
of the industry for 1933; however, with the prospects of increased
production in the automobile industry, one of the principal markets,
it seems probable that substantial gains in employment will be made.






166


Relatively, employment has been well sustained in this industry as
the number of workers in December, 1933, was about twenty-one
(21%) per cent less than in 1929. The number of workers employed
in the last six (6) months of 1933 was one thousand seven hundred
(1,700).
FINDINGS

The Assistant Deputy Administrator in his final report to me on
said Code having found as ]Ihrein set forth and on the basis of all
the proceedings 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 inter-state 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 manage-
ment under adequate governmental sanction and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industry,
by avoiding undue restrictions of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricult ral products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than fifty thou-
sand (50,000) employees; and is not classified by me as a major
industry.
(c) The Code as approved complies in all respects with the
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10, thereof; and that the applicant
group 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.
For these reasons, therefore, I have approved this Code.
Respectfully,
IHUGH S. JonBsoN,
Administrator.
JUNE 4, 1934.











CODE OF FAIR COMPETITION FOR THE METAL
ETCHING INDUSTRY

ARTICLE I-PURPOSE
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following is hereby established as a Code of Fair
Competition for the above named Industry, and shall be binding
upon every member thereof.

ARTICLE II-DEFINITIONS
The following terms and words are used in this Code to mean
and include:
1. Industry.--Means and includes the business of manufacture and
sale by the manufacturer of completely fabricated metal products
when etched, embossed, printed, lithographed, enameled (air dried,
baked or fired) by processing necessary to the completion of the
products of this Industry, such as name plates, dials, escutcheons,
automobile plates--excluding embossed metal vehicle tax and auto-
mobile license plates.
2. Employee.-Any person engaged in any phase of the Industry
in any capacity, receiving compensation for his services, irrespective
of the method of payment of his compensation.
3. Employer.-Anyone by whom any such employee is compen-
sated, or employed.
4. Member of the Industry.-Any natural person, partnership,
corporation, trust, association, trustee, trustee in bankruptcy,
receiver or other form of enterprise engaged in said Industry, either
as an employer or on his or its own account.
5. Association.-The Metal Etchers Association, a voluntary,
unincorporated association.
6. President, Act, and Admrinistrator.-M-ean respectively the
President of the United States, Title I of the National Industrial
Recovery Act, and the Administrator for Industrial Recovery.

ARTICLE III--HoUns OF LABOR AND RATES OF PAY
SECTION 1. Hours of Labor.-
(a) No employee shall be permitted to work more than forty
(40) hours in any one week; Provided that, when necessary
to meet unusual or peak demand, any employee may be permitted
to work not in excess of forty-eight (48) hours in any one week for
twelve (12) weeks in any one (1) year. The provisions of this
section shall not apply to the following employees:
(1) Executives, professional employees or supervisors who receive
not less than thirty-five dollars ($35.00) per week; and outside
salesmen;
(2) Watchmen, who may be permitted to work fifty-six (56)
hours in any one (1) week, but not more than six (6) days in any
one (1) week;
(167)






168


(b) Provided that, any employee other than those specified in
paragraphs (1) and (2) above working beyond eight (8) hours in
any one (1) day or forty (40) hours in any one (1) week shall be
paid not less than at the rate of one and one-third (11/3) times the
normal rate. A normal day shall not be in excess of eight (8) hours.
(c) The maximum hours fixed in the foregoing sub-paragraphs
of this Section 1 shall not apply to any employee on emergency main-
tenance or emergency repair work involving breakdowns or protec-
tion of life and property, but in any such special case, at least one
and one-third (11/3) the normal rate shall be paid for all hours
worked in excess of eight (8) hours in any one (1) day or forty (40)
hours in any one (1) week.
(d) No employer shall knowingly permit any employee to work
for any time, which, when totaled with that already performed for
another employer, or employers, in this Industry, exceeds the maxi-
mum number of working hours permitted in this Code.
(e) No employee shall be permitted to work more than six (6)
days in any seven (7) day period; provided that this provision
shall not apply to those employees specified in paragraph (1) of
sub-section (a) of this Section 1, and those employees engaged in
emergency repair or maintenance work as referred to in sub-section
(c) of this Section 1.
SECTION 2. Minimrn & Wages.-
(a) The minimum rate which shall be paid by employers in the
Industry to any of the employees shall be at the rate of forty (40)
cents per hour, unless the rate per hour of the same class of labor on
July 15, 1929, was less than forty (40) cents per hour, in which case
the rate per hour shall not be less than thirty-four (34) cents per
hour.
(b) Provided, no accounting clerical, office or sales employees shall
be paid less than at the rate of fifteen dollars ($15.00) per week.
(c) This' Article establishes a guaranteed minimum hourly rate
of pay, which shall apply, irrespective of whether an employee is
actually compensated on a time rate, piece-work or other basis.
(d) Members of this Industry shall not reduce hourly or weekly
rates of compensation for employment, according to the basis of
compensation, which compensation was, prior to June 16, 1933, in
excess of the minimum wage herein set forth, notwithstanding that
the hours of work in such employment may be reduced; and all
members of this Industry shall increase the pay of all employees in
excess of the minimum wage, by an equitable adjustment of all pay
schedules, if such adjustments have not been made prior to the
effective date of this Code. All such adjustments made after June
16, 1933 shall be reported to the Code Authority and to the
Administrator.
(e) Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
ARTICLE IV--GE~Er LABOR PRovISIONS
SECTION 1. Minors.-
No person under sixteen (16) years of age shall be employed in
the Industry. No person under eighteen (18) years of age shall be
employed at operations or occupations which are hazardous in nature






169


or dangerous to health. 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 issued by the Authority in
such State empowered to issue employment or age certificates, or
permits, showing that the employee is of tlhe required age.
SECTION 2. Statutory Protv-ions..-
In compliance with Section 7 (a) of the Act, it is provided:
(a) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection;
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organi-
zation of his own choosing, and
(c) That 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. Reclassification of Employees.-
No employer shall reclassify employees or duties of occupations
performed, or engage in any subterfuge, for the purpose of defeat-
ing the purposes of the Act or the provisions of this Code.
SECTION 4. Application of State Laws.-
No provision in this Code shall supersede any State or Federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health, sani-
tary or general working conditions, or insurance, or fire protection,
than are imposed by this Code.
SECTION 5. No employee shall be dismissed by reason of making
a complaint or giving evidence with respect to an alleged violation
of this Code.
SECTION 6. Method of lWae Payment.-
(a) Each employer shall make payment of all wages due in law-
ful currency or by negotiable check therefore, payable on demand.
These wages shall be exempt from any payments for pensions, insur-
ance, or sick benefits other than those voluntarily paid by the wage
earners or required by State laws. Wages shall be paid by em-
ployers to employees at the end of every two (2) weeks' period, or
oftener if required by State or Federal law, and salaries shall be
paid by employers to those so compensated at the end of every month,
or oftener if required by State or Federal law. No employer shall
withhold payment of wages or salaries lawfully due to employees
unless the payment of such wages or salaries be subject to any restric-
tion imposed by State or Federal laws.
(b) The employer or his agents shall accept no rebates, directly
or indirectly, on such wages, nor give anything of value, or extend
favors to any person for the purpose of influencing rates of wages
or the working conditions of his employees.
SECTION 7. Standards for Safety and Health.-
(a) Every employer shall make reasonable provision for the
safety and health of his employees at the place and during the hours
of their employment.






170


(b) Standards for safety and health shall be submitted by the
Code Autlhority to the Adiniistrator for approval within six (6)
months after the effective date of this Code.
Sr.cnTIx 8. Posting.-Each employer shall post, and maintain, in
conspicuous places accessible to all employees, the provisions of the
Code relating to hours, wages, and conditions of employment, and
such other rint ices and bulletins as the Adminii-trator may from time
to tim,, require.
ARTICLE V-ADMINISTRATION

SEC~'Io 1. A Code Authority is hereby established to administer
this Code, and shall consist of not less than five (5) members elected
by the members of the Industry. The Administrator, in his discre-
tion, may appoint not more than three (3) additional members
thereof to serve without vote and without compensation from the
Industry. Members of the Code Authority elected by the members
of the Industry shall be elected to serve for one (1) year and until
their successors shall have been elected and qualified. No two mem-
bers of the Code Authority shall be affiliated with any single member
of the Industry. Vacancies occurring in the Code Authority shall be
filled in the same manner as that provided for their election. Each
elected member of the Code Authority shall be entitled to one vote.
SECTION 2.
(a) A meeting of the members of the Industry shall be called as
soon as possible after the effective date of this Code by the Executive
Manag er of the Association, who shall give reasonable notice thereof
by registered mail, but not less than ten (10) days in advance, to all
ascertainable members of the Industry, stating therein the time,
place, and purpose of the meeting. Such meeting shall be for the
purpose of electing members of the Code Authority who shall repre-
sent the Industry, and for the transaction of such other business
pertaining to the provisions of this Code as may be specifically
referred to in such notice.
(b) Immediately after said meeting, the elected members of the
Code Authority shall hold a meeting and elect a Chairman thereof.
(c) The Chairman of the Code Authority, upon his own initia-
tive, may call meetings of the Code Authority, and shall be required
to do so upon the request of two (2) members of the Code Authority.
The Code Authority, upon its own initiative, may call a meeting
of all of the members of the Industry, and the Chairman of the
Code Authority, upon the request of five (5) members of the In-
dustry, shall call a meeting of all of the nmemi ers of the Industry.
(d) Each member of the Industry shall be entitled to one (1)
vote at any ind(mutry meeting, at which the member may be repre-
sented in person or by proxy, except that at elections any member
of the Industry not present in person or by prozy may cast his
vote by letter ballot and shall be deemed to be represented thereby;
and a majority vote in numbers of members and also in dollar
value of sales of the products of the Industry for the last preceding
calendar year of those meimbcirs who are so represented at any
such meeting shall be necessary for the determination of any
question.







171


(e) Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its constitution,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
SECTION 3. The Code Authority may adopt its own rules of pro-
cedure and may appoint such agents or agencies as it may deem
necessary properly to supervise and administer the provisions of
this Code. Provided, that nothing herein shall relieve the Code
Authority of its responsibilities under this Code and that such
agents or agencies shall at all times be subject to, and comply with,
the provisions hereof.
SECTION 4. In order that the Code Authority shall at all times
be truly representative of the Industry, and in other respects com-
ply with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper, and thereafter if he shall find
the Code Authority is not truly representative of the Industry, or
does not in other respects comply with the provisions of the Act,
he may require an appropriate modification of the method of selec-
tion of the Code Authority.
SECTION 5. The Code Authority may make recommendations to
the Administrator for the co-ordination of the administration of
this Code with such other Codes, if any, as may be related to this
Industry.
SECTION 6. The Code Authority may make recommendations to the
Administrator pertaining to the provisions of this Code and addi-
tional fair trade practice provisions to govern members of the In-
dustry in their relations with each other, and, also, measures for
industrial planning, including stabilization of employment.
SECTION 7. The Code Authority shall require each member of the
Industry to furnish to such impartial agency as the Code Authority
may designate, reports, statistical data and information relating to
wages, hours of labor, conditions of employment, volume of produc-
tion, volume of sales, in units and/or dollars, and other matters,
useful to the members of the Industry and pertinent to the super-
vision and administration of this Code. Such reports, data and
information shall be compiled and made available to the members
of the Industry and the Administrator for such periods, in such
form, and at such time, or times, as determined by the Code Authority
or as the Administrator may require. In addition thereto, members
of the Industry shall furnish to such Federal and State agencies as
the Administrator may designate, such information as the Admin-
istrator may deem necessary for the purposes recited in Section
3 (a) of the Act, and nothing contained in this Code shall relieve
any member of the Industry from any existing obligations to furnish
reports to any Government agency.
SeacToN 8. All reports, data and information required by this
Code to be furnished by the members of the Industry to the Code
Authority shall be sworn to by the members, if requested by the Code
Authority, and each member's report shall be confidential and not






172


disclosed to any other member of the Industry except in summary;
Provided, that where summary information in effect designates
the identity of any member's reports, it shall not be revealed to any
member of the Industry, but shall be made available to the Admin-
istrator upon his reqlutbst, and may be used to facilitate the adminis-
tration of this Code.
SECTION 9. Upon complaint that a member of the Industry has
violated a provision of this Code, the Code Authority may require,
and such member shall furnish forthwith, a complete and accurate
report of the facts and figures concerning such alleged violation. If
the Code Authority shall determine that substantial doubt exists as
to the accuracy of such report, or of any other report filed pursuant
to the provisions of this Code, so much of the pertinent books, rec-
ords and papers of such member as may be required for the determi-
nation of the accuracy of such report may be examined by an impar-
,tial agency, agreed upon between the Code Authority and such
member, or failing agreement, appointed by the Administrator.
Such examination shall be made pursuant to rules and regulations
pertaining thereto which shall be adopted by the Code Authority and
which shall be subject to the disapproval of the Administrator. Such
impartial agency shall report the result of all such examinations
forthwith upon the completion thereof to the Administrator or to
such agency as he may designate. The provisions of this section
are required for the proper and efficient administration of this Code
and the effectuation of the purposes of the Act.
SECTION 10.
(A) It being found necessary, in order to support the adminis-
tration of this Code and to maintain the standards of fair competi-
tion established by this Code and to effectuate the policy of the Act,
the Code Authority is authorized, subject to the approval of the
Administrator:
(1) 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;
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(a) an itemized budget of its estimated expenses for the foregoing
purposes, and (b) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of the
industry;
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of the industry, and
to that end, if necessary, to institute legal proceedings therefore in its
own name.
(B) Only members of the industry complying with the Code and
contributing to the expenses of its administration as provided in
Section (A) hereof shall be entitled to participate in the selection of
the members of the Code Authority or to receive the benefit of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administration.






173


SECTION 11. 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
for any act of any other member, officer, agent or employee 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 wilful malfeasance or non-feasance.
SECTION 12. If the Administrator shall determine that any action
of the Code Authority, or any agency thereof, may be unfair, 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 thereof, 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.
ALIICLEa VI-ACCOUNTING AND COSTING

SETrION 1. The Code Authority shall cause to be formulated
methods of accounting and cost finding and/or estimating capable
of use by all members of the Industry and shall submit such methods
to the Administrator for review and possible disapproval. Full
details and instructions concerning such methods shall be made
available to all members of the Industry and to the Administrator
and thereafter all members shall utilize the principles of such
methods.
SECTION 2. When the Code Authority determines that an emer-
gency exists in this Industry and that the cause thereof is destruc-
tive price-cutting such as to render ineffective or seriously en-
danger the maintenance of the provisions of this Code, the Code
Authority may cause to be determined the lowest reasonable cost
of the products of this Industry, such determination to be subject
to such notice and hearing as the Administrator may require. The
Administrator may approve, disapprove, or modify the determina-
tion. Thereafter, during the period of the emergency, it shall be
an unfair trade practice for any member of the Industry to sell,
or offer to sell, any products of the Industry for which the lowest
reasonable cost has been determined at such prices or upon such
terms or conditions of sale that the buyer will pay less therefore
than the lowest reasonable cost.
When it appears that conditions have changed, the Code Au-
thority, upon its own initiative, or upon the request of any inter-
ested party, shall cause the determination to be reviewed.
ArrICLE VII-SELLING SCHEDULES

SECTION 1. As soon as possible after the effective date of this
Code, the Code Authority shall determine a date on or before which
each member of the Industry shall file with such agent or agency,
not affiliated with any member of the Industry, as designated by
the Code Authority, and in accordance therewith all members shall






174


file with such agency, price schedules price lists, and/or discount
sheets covering all products of the Industry manufactured and sold
by them respectively, including therein prices, terms, discounts, and
all conditions relating to, or in anywise affecting, any sale of the
same.
SECTION 2. Each ni-eii'ber of the Indiistry shall file revised sched-
ules, lists, and/or discount sheets, or changes therein, when and
if made, with the same agency mentioned in the next preceding
Section 1, three (3) business days, exclusive of the date of the re-
ceipt of the same by said agency, in advance of the effective date
of such revisions or changes, except that when filed to meet a com-
petitor's previously filed revisions or changes, the same may become
effective concurrently with the effective date of such competitor's
filed revisions thereof or changes therein.1
SECTION 3. The nge'nt, or agency, decign;ited by the Code Author-
ity to receive such price schedules, price lists and/or discount sheets,
and revisions thereof, shall promptly publish and distribute copies
of the same to all members of the Industry making similar products
and make such lists available to all other interested parties.
SECTION 4. No member of the Industry shall sell any of the prod-
ucts of the Industry at a price, or prices, or upon terms and/or other
conditions of sale at variance from those stated in his price schedules,
price lists, and/or discount sheets, or revisions thereof, as published
and filed as hereinabove provided.

ARTICLE VIII-UNFAIR TRADE PRACTICES

The following acts shall constitute Unfair Trade Practices and
none shall be used by any member of the Industry.
1. Interference with Existing Contracts.-Knowingly to interfere
with an existing contract for the sale and purchase of products of
this Industry; or to induce, attempt to induce, or assist a party to
break an existing contract for the sale of any products of this Indus-
try, or to solicit or accept an order for any such goods, after the con-
tract therefore has been placed with another selling member of this
Industry, or to offer lower prices or better terms to induce or attempt
to induce a revision of any such existing contract.
2. Commercial Bribery.-To give, permit to be given, or directly
or indirectly offer to give anything of value for the purpose of in-
fluencing or rewarding the action of an employee, agent or repre-
sentative or another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal or party. This
provision shall not be construed to prohibit free and general distri-
bution of articles commonly used for advertising, except so far as
such articles are actually used for commercial bribery as hereinabove
defined.
3. Defiait;won of Competitors.-To make, cause, or permit to be
made, or published, any false statements or misrepresentations of,
or concerning, the business, policies, methods, values, credit terms,
services or products of a competitor.
1 See paragraph 2 of order approving this Code.







175


4. Enticing Employees.-To employ or entice employees of a com-
petitor with the purpose and effect of unduly hampering, injuring
or embarrassing said competitor. This paragraph is not intended
to apply to a case where an employee of his own initiative may seek
another position or different employment.
5. False Advertising.-To make, cause, or permit to be made, or
published, any false, untrue or deceptive statement by way of adver-
tising or otherwise, concerning any grade, quality, substance, charac-
ter, origin or preparation of any product of this Industry.
6. slisbranding.-To 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, char-
acter, grade or substance thereof.
7. False Invoicing.-To withhold 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
contemplate payment or settlement contrary to the face of the
invoice.
8. Post-dating or Pre-dating Contract or Invoice.-To post-date
or pre-date contracts or invoices covering products of this Industry.
9. Guaranteeing Against Price Declne.-To guarantee against
price decline, except as the same may be limited to the price decline
of products of the particular member of the Industry concerned, in
which latter event such guarantee shall apply only to goods which
are not delivered.
10. Secret Rebates.-To secretly directly or indirectly offer or make
any payment or allowance of a rebate, refund, commission, credit,
unearned discount or excess allowance, whether in the form of money
or otherwise, or for the purpose of influencing a sale, secretly offer
or extend to any customer any special service or privilege not
extended to all customers of the same class.
11. Termn.-To grant or allow terms, or to fail to charge interest
on overdue accounts in connection with the sale of any products of
this Industry, other than as follows:
Net Cash 30 days, or one per cent (1%) discount for Cash for
payment as follows:
(a) Bills dated the first (1st) to the fifteenth (15th) of the month
inclusive, if paid on or before the twenty-fifth (25th) of the month;
(b) Bills dated the sixteenth (16th) to and including the last day
of the month, if paid on or before the tenth (10th) of the following
month.
The date of payment of an invoice is the date on which the check
is mailed as indicated by post mark, unless the check carries a later
date, in which case the date on the check is the date of payment.
On accounts not paid within thirty (30) days from the end of the
month, on which bills are rendered, interest shall be charged at not
less than the rate of six per cent (6%) per annum or the legal maxi-
mum, whichever is lower, beginning on the first (1st) day of the
month following the date on which payment was due, but no interest
amounting to less than one dollar ($1.00) need be charged. Bills for
such interest shall be rendered at least monthly.




UNIVERSITY OF FLORIDA
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3 1262 08728 5689
ARTICLE IX

No employer shall use any subterfuge to frustrate the spirit and
intent of this Code.
ARTICLE X-MONOPOLIES
No provision of this Code and/or its amendments shall be applied
so as to promote monopolies, or monopolistic practices, or to elimi-
nate, oppress, or discriminate against small enterprises.
ARTICLE XI-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
regulation issued under said Act.
SECTION 2. This Code, except as to provisions required by the
Act, may be modified on the basis of experience or changes in circum-
stances, such modifications to be based upon application to the
Administrator and such notice and hearing as he shall specify, and
to become effective on approval of the Administrator.
ARTICLE XII-EFFECTIVE DATE

The effective date of this Code shall be the second Monday after
this Code shall have been approved by the President.
Approved Code No. 455.
Registry No. 1620-01.