Code of fair competition for the automotive chemical specialties manufacturing industry as approved on Sept. 27, 1934

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Title:
Code of fair competition for the automotive chemical specialties manufacturing industry as approved on Sept. 27, 1934
Physical Description:
14 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

General Note:
"Approved Code No.522 ; Registry No.699-22"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004854661
oclc - 63654847
System ID:
AA00007790:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE

AUTOMOTIVE CHEMICAL SPECIALTIES

MANUFACTURING INDUSTRY


AS APPROVED ON SEPTEMBER 27, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cen!s


Approved Code No. 522


Registry No. 699-22






















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.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
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Philadelphia, Pa.: 422 Commercial Tru;t Building.
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Portland, Oreg.: 215 New Post Office Building.
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San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 522


CODE OF FAIR COMPETITION
FOR THE

AUTOMOTIVE CHEMICAL SPECIALTIES
MANUFACTURING INDUSTRY

As Approved on September 27, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE AUTOMOTIVE CHEMICAL
SPECIALTIES MANU FACTURING 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 Automotive Chemical Specialties Manu-
factilring 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 Presi-
dent, 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 purposes of
said Title of said Act; and do hereby order that said Code of Fair
Competition be and it is hereby approved; provided, however, that
innediately upon the establishment of the Code Authority, that
body shall appoint a committee for the purpose of coordinating this
Code with codes covering kindred products; within 60 days after
approval hereof this committee shall make a detailed report to the
Administrator.
HUGH S. JOHNSON,
Admin ;.'trator for Industrial Recovery.
Approval recommended:
JOSEPH F. BATTLE,
Acting Division Administrator.
WASHINGTON, D. C.,
September 27, 1934.
88217---1181-117-34 (1)












REPORT TO THE PRESIDENT


The PRESIDENT:
The Wh;fi!t House.
SIR: A Public Hearing on the Code of Fair Competition for the
Automotive Chemical Specialties Manufacturing Industry, sub-
mitted by the Automiotive Chemical Specialties Manufacturers As-
sociation was conducted in Washington on the 4th of June, 1934, in
accordance with the provi-ions of the National Industrial Recovery
Act. This A,,cination claims to IrepresLnt eighty-six (86%) per
cent of the dollar sales volume of the Industry.

THE INDUSTRY

The products of the Industry are chemical materials that are
usually distributed -through automobile service channels, such as
automobihlt polishes and cleaners, top dressings, brake fluids and so
forth. Mo-st of the establiihments are relatively small independent
ones or divisions of large concerns engaged in related industries.
Their number decreased from eighty in 1928 to 61 in 1933 and their
inve-sted capital from about $7.50J0,'.l) in 1928 to $6,500,000 in 1933.
Production capacity was estimated at more than double 1933 sales.
The demand for the Indlstry's products varies with automobile
production and also with general business conditions.
PROVISIONS OF THE CODE AS TO WAGES AND HOURS

The Code establishes a work week of forty hours per week with
an eight hour day with a three month averaging period, but in no
case in exc('es of forty-eight hours in any one week.
There are excepted from the above, technical or professional em-
ployees, but not including .killed operating per'o)nnel, and trusted
caretakers, who receive more than thirty-five dollars per week. Em-
ployees. in a managerial, supervisory or executive capacity who re-
ceive thirty-five dollars or more per week; batch operators in con-
tinuous proces-es where restriction of hours would unavoidably re-
duce production and who receive thirty-five dollars or more per week
are also excepted.
Employees engaged in emergency maintenance, or emergency
repair work are excepted from the basic work week, provided
that in such special cases time and one-third shall be paid for all
hours worked in excess of forty per week and eight hours in any
one day. Watchmen are not permitted to work in excess of fifty-
six hours per week and have one day of rest in every seven day
period.
The Code establishes a minimlnum wage of forty cents per hour,
except employees engaged in light packaging, filling and wrapping
(2)







operations who shall be paid at a rate of thirty-five cents per hour.
Office and Clerical employees shall be paid at a rate of fifteen dollars
per week. Commission salespeople are excepted from these provi-
sions.
Female employees, where they displace male employees, shall receive
the same rate of pay as those they displace. ''he Code Authority
will submit within ninety days after the effective date of this Code
a list of occupations in which both men and women are employed.
There is also provision that no nlem)ber of the Industry or his
representative shall accept any rebates, or free services or other
gratuities from employees, which shall have the effect of a reduction
in wages.
ECONUM IC EFFECT OF CODE

A considerable part of the labor is employed in light packaging,
filling and wrapping operations. Despite the decrease in dollar
volume of business the number of employees increased from 1928 to
1933 and was further increased by compliance with the President's
Reemployment Agreement and improved business. Working hours
have been reduced about 23 per cent since 1928. Minimum hourly
rates decreased about. 20 per cent between 1928 and 1933. Following
the President's Reemployment Agreement the 1929 minimum rates
were generally restored. Payrolls were increa -ed about 30 per cent
during late 1933.
The Code's maximum hour provisions should lead to even further
increases in employment with any further improvement in business.
The minimum hourly wage rates provided in the Code are at
least as high as those generally paid in 1929. Minimum weekly
earnings are probably less than those of 1929 because of the shortened
working hours but should be equivalent to those of 1929 in purchas-
ing power.
Some further small increase in payrolls may result from complete
comnplinnce with the Code's minimum w age provisions and equitable
adjustments of wage rates above the minimum by employers who
have not previously made such adjustments.
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 of 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
industry 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 eliminating unfair competitive practices, by promoting the fullest
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 othenrwie. rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not clas.-ified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provi.ilr:- of said Title of saidl Act, including without. limita-
tion Subse.-ltion (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) if Section 10 thelrotf; and that the applicant asso-
ciation is an industrial na.- -,eiation 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 eiterpricts 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, this Code of Fair Competition for the Auto-
motive Chemical Specialties nManufacturing Industry has been
approved.
Respectfully,
HUGH S. JOHNSON,
AdmtiniT ftrator.
SEPTEMBEri 27, 1934.












CODE OF FAIR COMPETITION FOR THE AUTOMOTIVE
CHEMICAL SPECIALTIES MANUFACTURING IN-
DUSTRY
ARTICLE I-PuRPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Automotive Chemical Specialties Manu-
facturing Industry, and shall be the standard of fair competition
for this Industry, and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

SECTION 1. The term "Industry" as used herein is defined to
mean the manufacture and sale by the manufacturer of automotive
chemical specialties usually sold through wholesalers and other
channels of distribution; including, but without limitation, such
products as auto polishes (both liquid and wax), auto body cleaners,
touch-up enamels, top dressings, radiator cleaners, radiator stop-
leak compounds (both liquid and powdered), carbon removers, rust
preventatives for cooling systems, automobile upholstery cleaning
compounds, windshield cleaning compounds, valve grinding com-
pounds, auto top cements, gasket cements, shock absorber fluids,
hydraulic brake fluids, and other kindred automotive chemical spe-
cialties.
SECTION 2. The term member of the Industry" as used herein
includes, but without limitation, any individual, partnership, asso-
ciation, corporation, or other form of enterprise engaged in the
industry, either as an employer or on his or its own behalf.
SECTION 3. The term employee" as used herein includes any and
all persons engaged in the Industry, however compensated, except a
member of the Industry.
SECTION 4. The term "employer" as used herein includes anyone
by whom such employee is compensated or employed.
SECTION 5. The term "ACSMA" as used herein means Automo-
tive Chemical Specialties Manu fact u rers Association.
SECTION 6. The terms President ", "Act ", "Administrator" as
used herein mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
SECTION 7. The word wholesaler as used herein shall mean a
person, partnership, corporation or other form of enterprise, actually
engaged in the buying of merchandise and in the reselling of such
merchandise to retailers, who maintains a regularly established
place of business, who carries a merchandise inventory enabling him
or it to supply the reasonable demands of the clientele served, and







who generally performs the recognized functions of a wholesaler in
a inirnner acceptable to his or its suppliers on the one hand, and to
his or its culstlomjrs on the other.
SECTION 8. The word retailer as used herein shall be construed
to include any and all per,'ons, partnerlips, corporationi or other
form of enterprise regularly engaged in the sale of merchandise
and/or service to the consuming public.

ARTICLE III-HOURS

SECTION 1. Ma.';inii THours.-No-employee shall be permitted to
work in excess of eight (8) hours in any one day, or fortly (40) hours
1in any ('on week. In order to meet peak period demand, employees
may be permitted to work not more than nine (9) hours in any one
day, or forty-eight, (48) hours in any one? week, provided that. such
periods will not exceedC twelve (12) weeks in any one year.
SECTION 2. Exceptions as to Hours.-The limitation as to hours of
labor as specified in Section 1 of this Article shall not apply to the
following:
(a) Employees in a managerial, supervisory, executive, techlnicll
or professionaJl canipacity, ann ttrusterd caretalkers who receive thirty-
five dollars ($35) or more per week, but not including skilled
operating personnel; and outside salesmen.
(b) Batch operators, in cases of emergencies and in continuous
processes where restriction of hours would work hardships on other
employees and would unavoidably reduce production, shall receive
time and one-third for hours worked in excess of forty (4n) hours
per week, eight (8) hours per day.
(c) Employees engaged in emergency maintenance, or emergency
repair work involving 1breaikdown or protection of life or property:
provided, that in such special cases not less than one and one-third
(11/3) times the normal wage rate for any employee so employed
shall be pairl for all hour worked in excess of forty (40) hours in
any week, or eight (8) hours in any day.
SECTION 3. If any emplolyeo, with the exception of those employees
inchliled in Section 2 (a) who receive thirty-five ($35) dollars or
more per week and outside salesmen, and those ena -gel in a man-
agerial, supervisory y or ext, utive capacity who receive thirty-five
($3:) dollars or more per week, works in excess of eight (8) hours
in any twenty-fou- r (24) hour period, or in excess of forty (40) hours
in any calendar week, the wage Jaid for such excess .hours shall not
be less than one andl one-third (1%/) times the regular wage rate.
SFrI:TiS 4. Watcihmen shall not be permitted to work in excess of
fifty-six (,,) hmors per week anid .hall have one (1) 1day of rest in
each seven ;(7) day period.
SECTION 5. No employee shall be ,permitted to work more than six
(6) days in any seven (7) day ,period.
AImICLE IV-WAGGES

SECTION 1. M;mhio/nii Wli''y..-No employee shall be paid less than
at the rate of forty cents (40') per hour except:







(a) Employees engaged in light packaging, filling and wrapping
operations who shall be paid at a rate not less than thirty-five cents
(350) per hour.
(b) Office and clerical employees who shall be paiid at a rate not
less than fifteen dollars ($15) per week.
SECTION 2. Female Emploce/s.-Female employees performig sub-
stantially the same work as male cmploy!l s shall receive the same
rate of pay as male employees; and where they displace men. they
shall receive the same rate of earnings as the men they displace. The
Code Authority shall within ninety (90) days after the elective date
of this Code file with the Administrator a d(escription of all occupa-
tions in the Industry in which both men and women are employed.
SECTION 3. Piecework Comp, \;.at';on.-Mi, ii WVages.-This
article establishes a minimum compensation for each cl~is of em-
ployee which shall apply, irrespective of whether an employee is
actually compensated on a time rate, piece work, or other basi-.
SECTION 4. Way'.es a/boc M'inimum.-Equitable adjustments in all
pay schedules of employees shall be made within thirty (3U) days
after the effective date of this Code by any employer who has not
heretofore made such adjustments under the National Industrial
Recovery Act. In no case shall rates be reduced. Within sixty (60)
days after the effective date of this Code, all such adjustments made
under the Act shall be reported to the Code Authority and to the
Administrator.
SECTION 5. Pay;iii nt of Wage.-.-An 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 pay-
ments for pensions, insurance, or sick benefits other than those
voluntarily paid by wage earners, or required by state laws. Wages
shall be paid at least at the end of every two (2) week period,
and salaries at least at the end of every month. No employer shall
withhold wages or salaries.
SECTION- 6. Haidicappcd Persons.-A person whose earning capac-
ity is limited because of age or physical or mental handicap or other
infirmity may be employed on light work at a wage below the mini-
mum established by this Code if the employer obtains from the State
authority designated by the United States Department of Labor a
certificate authorizing his employment at such wages and for such
hours as shall be stated in the certificate. Such authority shall be
guided by the instructions of the United States Department of Labor
in issuing certificates to such persons. Each employer shall file
monthly with the Code Authority a list of all such persons em-
ployed by him. showing the wages paid to, and the maximum hours
of such work for such employee.
ARTICLE V-GENERAL LABOR AND OTHER PROVISIONS

SECTION 1. Child Labor.-No person under sixteen (16) years of
age shall be employed in the Industry in any capacity. No person
under eighteen (18) years of age shall be employed at operations or
occupations which are hazardous in nature or dangerous to health.
The Code Authority shall submit to the Administrator within sixty







(60) days after the approval of this Code a list of such operations or
occupations. In any state any employer shall be deemed to have
complied with this provision as to age if he shall have on file a
certificate or permit, duly signed by the Authority in such State
empowered to issue employment or age certificates or permits show-
ing that the employee is of the required age.
SECTION 2. Provisions from. the Act.-(a) Employees shall have
the right to organize and bargain collectively through representatives
of their own choosing, and shall be free from 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 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 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 approved
or prescribed by the President.
SECTION 3. 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, sanitary or general working conditions, or insurance,
or fire protection, than are imposed by this Code.
SECTION 4. Evasion Through Subterfuge.-No employer shall re-
classify employees or duties of occupations performed or engage in
any other subterfuge so as to defeat the purpose or provisions of the
Act or of this Code.
SECTION 5. Posting.-All employers shall post and keep posted
copies of the labor provisions of this Code in conspicuous places ac-
cessible to all employees. Every member of the Industry shall com-
ply with all rules and regulations relative to the posting or provi-
sions of Codes of Fair Competition which may from time to time
be prescribed by the Administrator.
SECTION 6. Sti(idardsl for Safety and Health.-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 lsubmitted by the Code Authority to the Administra-
tor within three months after the effective date of the Code.
SECTION 7. Employment by Several Employers.-No employer shall
knowingly permit any employee to work for any time which, when
added to the time spent at work for another employer or employers
in this Industry or any other Indu-try or trade, exceeds the maxi-
mum permitted herein.
SECTION 8. No lmemiber of the Industry or his representative shall
accept any rebates, or free services or other gratuities from em-
ployees, which shall lhave the effect of a reduction in wages.
SECTION 9. D;i.i al for Complain .-No employee shall be dis-
missed or demoted by reason of making a complaint or giving evi-
dence with respect to an alleged violation of this Code.








ARTICLE VI-ORGANIZATION, POWERS, AND DUTIES OF THE CODE
AUTHORITY

SECTION 1. Organ iation and Constifufion.--To further effectuate
the policies of the Act a Code Authority is hereby set up to cooperate
with the Administrator in the administration of this Code.
SECTION 2. The Code Authority shall consist of seven (7) mem-
bers, five (5) of whom shall be melmers of the Executive Committee
of the Automotive Chemical Specialties Manu facturers As.ioc'iation,
and two (2) of whom shall be representatives of the members of the
Industry who are non-members of the association and shall be elected
by a fair method of election approved by the Administrator, and
if said non-member representatives are not elected within a reason-
able time, then the Administrator shall designate much two repre-
sentatives.
SECTION $. In addition to membership as above provided, not more
than three (3) members, without. vote and without, compensation
from the Industry, to be known as A-dministration Members, may be
appointed by the Administrator to serve for such terms as he may
specify.
SECTION 4. Each trade or industrial association directly or indi-
rectly 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 true copies of its articles of as-
sociation, by-laws, regulations and any amendments when nlade
thereto, together with such other information as membership, organ-
ization, 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 Admiinistrator may prescribe
such hearings as he may dleemi proper; anld 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 require
an apppropriate modification of the Code Authority.
SECTION 6. Nothing contained in this Cole 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 any-
one for any act of any other member, (lfier, agent or employee of
the Code Authority. Nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties here-
under, he liable to anyone for any ac.ticin i r omission to act under
this Code, except for his own wilful mnalca-ance or non-feasance.
SECTION 7. If the Admiinistrator -shlill 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 iiitere:.t, the Administrator may
require that such action be su.spendedl 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. Powers and Duties.-Subject to such rules and regula-
tions as may be issued by the Administrator, the Code Authority
shall have the following powers and duties, in addition to those
authorized by other provisions 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 Governmental
agency. No individual reports shall be disclosed to any other mem-
ber of the Industry or other party except, to such other Governmental
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 Au-
thority 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 with 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 compe-
tition 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 obliga-
tions 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 itemized budget and its estimated expenses
for the foregoing 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
approved 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 pro-
ceedings 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 con-







tributing to the expenses of its administration as hereinabove pro-
vided (unless duly exempted from making such contribution) 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 obli-ation
substantially in excess of the amount thereof as estimated in its ap-
proved budget and shall in no event exceed the total amount con-
tained in the approved budget except upon approval of the Admin-
istrator; and no subsequent budget shall contain any deficiency item
for expenditures in excess of prior budget estimates except those
which the Admini;stnrtor 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 sta-
bilization 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.
ARTICLE VII-COST ACCOUNTING AND FILING

SECTION 1. The Code Authority shall cause to be formulated
met.h-od of cost finding and accounting capable of use by all mem-
bers of the industry, and shall submit such methods to the Admin-
istrator for review. If approved by the Administrator, full infor-
mation concerning such methods shall be made available to all mem-
bers of the industry. Thereafter, each member of the industry shall
utilize such methods to the extent found practicable. Nothing
herein contained shall be construed to permit the Code Authority,
any agent thereof, or any member of the industry to suggeAt uniform
additions, percentages or differentials or other uniform items of
cost which are designed to bring about arbitrary uniformity of
costs and prices.
SECTION 2. (a) Within thirty (30) days after the effective date
of this Code each member of the Industry shall file with a confi-
dential and disinterested agent of the Code Authority his or its cur-
rent price schedules for his or its standard brand products together
with freight allowances, if any, and all other terms and conditions
of sale, which schedules shall completely and accurately conform to
and represent the individual pricing practices of said member. Re-
vised price lists, discounts, freight allowances, etc., may be filed from
time to time thereafter by any member of the Industry, and shall
become effective immediately upon receipt thereof by said agent.
Immediately upon receipt thereof said agent shall, by telegraph or








by tther equally prompt means, notify said member of the time of
such receipt. Such lists and revisions, together with the effective
time thereof, shall upon receipt be immediately and simultaneously
distributed to all members of the Industry and to all of their custom-
ers who have applied therefore and have offered to defray the cost
actually incurred by the said agent in the preparation and distribu-
tion thereof, and be available for inspection by any of their custom-
ers at the officee of such agent. Said lists or revisions. or any part
thereof, shall not be made available to any person until released to
all members of the Industry and the customers as aforesaid, provided
that prices filed in the first instance shall not be released until the
expiration of the aforesaid thirty (30) day period after the approval
of this Code. The said agent shall maintain a permanent file of
all price terms filed as herein provided, and shall not destroy any
part of such records except on written consent of the Administrator.
Upon request said agent shall furnish to the Administrator, or any
duly designated agent of the Administrator, copies of any lists or
revisions of price terms.
(b) When any member of the Industry has filed any revision,
such member shall not file a higher price within forty-eight (48)
hours.
(c) No member of the Industry shall sell or offer to sell any prod-
ucts of the Industry for which price terms have been filed pursuant
to the provisions of this Article except. in accordance with such
price terms.
(d) No member of the Industry shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
terms, or cause or attempt to cauie 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 VIII-TRADE PRACTICE RULES

The following practices constitute unfair methods of competition
for members of the Industry and are prohibited:
SECTION 1. To give, permit to be given, or 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 represented party, without the knowledge of such em-
ployer, principal or party. This provision shall not be construed
to prohibit free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for
comnme racial I lri bery, as hereinabove defined.
SECTION 2. To offer or give prizes, premiums, or gifts in connec-
tion with the sale of prolucts, or as an inducement thereto, by any
scheme which involves lottery, mii.-representation or fraud, in any
manner which involves commercial bribery or to any customers
when not offered to all customers of the same class in the trade area.
SECTION 3. To brand or mark or pack any goods in any manner
which is intended to or does deceive or mislead purchasers with








respect to the brand, grade, quality, quantity, origin, size, substance,
character, nature, finish, iaiterlial content, or preparation of such
goods.
SECTION 4. TO induce or to attempt. to induce the breach of exi.tiIng
contracts between coimp(titors and their cu.tu,'in6rs by any false or
deceptive means, or to interfere with or obsltricet the performance of
any such contratii al duties or services by any such means with the
purpose and effect of h:i1mpering, injuring, or embarrassing competi-
tors in their business.
SECTION 5. To ldefaie a competitor by falsely imputing to him dis-
honorable conduct. inability to perform contrart-. qluesticn:able credit
standing, or by other false repre-entation, or by falsely disparaging
the grade or quality of his goods.
SECTION 6. To iliitale t trade I. be.-. trade names, slogans,
and/or packages of other manulifaturers so as to dc-'eive or have the
tendency to deceive customers or prospective cI.,ti.tlionirs.
SECrTIoN 7. To publish advertising (whether printedl, radio, dis-
play, or of any other nature) which is miiileading or inaccurate in
any material particular; to misrepresent in any way any goods,
(including but without limitation its use, trade mark, grade, quan-
tity, origin, size, substance, ch a ractur, nature, finish, material, con-
tent, or preparation), or credit term' policies, values, services or the
nature or form of the business conducted.
SECTION 8. To secure confidential information concerning the busi-
ness of a competitor by false or inisleading statement, or representa-
tion by a false impersonation of one in authority, by bribery or by
any other unfair method.
SECTION 9. To guarantee the resale of merchandise for a whole-
sale or retail customer.
SECTION 10. To purchase or take in exchange from a wholesaler or
retailer the goods of a competitor for one's own merchandise, or allow
or facilitate such an exchange or purcha.ii to be made by one's
salesmen, agents, jobbers, or other relpresentat i\s.
SECTION 11. To encourage or in any imaneir promote the use of a
competitor's advertising, trade name, or slogan in an effort to bring
about the sale or use of one's own products as a substitute for the
merchandise of such competitor.
SECTION 12. To sell or ship merchandise on co(nsiL:unient.
SrETION 13. Knowingly to withhold from or inert in any quota-
tion .-- invoice any statement that. makes it inaccurate in any material
part~ ular.
ARTICLE IX-MO DIFICATION

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, lic'ence, rule or regula-
tion issued under Title I of said Act.
SECTION 3. Such provisions of this Code as are not required to be
included therein by the Act, may, with the approval of the Adminis-
trator, be modified or eliminated in such manner as may be indicated
by needs of the public, by changes in circumstances cs, or by experience.








ARTICLE X-EXPORT TRADE

SECTION 1. No provision of this Code relating to prices or terms
of selling, shipping, or marketing, shall apply to export trade or
sales or shipments for export trade. "Export Trade" shall be as
defined in the Export Trade Act adopted April 10, 1918.

ARTICLE XI--MONOPOLIES, ETC.

SECTION 1. No provision of this Code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discriminate against small enterprises.

ARTICLE XII-EFFECTIVE DATE

SECTION 1. This Code shall become effective on the tenth (10th)
day after its approval by the Administrator.
Approved Code No. 522.
Registry No. 699-22.

O


UNIVERSITY OF FLORIDA

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