Code of fair competition for the funeral supply industry

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Title:
Code of fair competition for the funeral supply industry as approved on November 4, 1933 by President Roosevelt
Physical Description:
v, 10 p. : ; 23 cm.
Language:
English
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United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

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Subjects / Keywords:
Funeral supplies industry -- United States   ( lcsh )
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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. 307-1-01.

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Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930310
oclc - 31959824
System ID:
AA00007818:00001

Full Text



Registry No. 307-1-01



S NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


FUNERAL SUPPLY INDUSTRY

AS APPROVED ON NOVEMBER 4, 1933
BY


PRESIDENT ROOSEVELT


WI DO OUR PART


1. Executive Order
2. Letter of Transmittal
3. Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commercial Trust Building. :
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse. -
Seattle, Wash.: 809 Federal Building.
















EXECUTIVE ORDER


CODE OF FAIR COMPETITION

FUNERAL SUPPLY 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 my approval of a Code
of Fair Competition for the Funeral Supply Industry, and hearings
having been held thereon and the Administrator having rendered his
report containing an analysis of the said code of fair competition to-
gether with his recommendations and findings with respect thereto,
and the Administrator having found that the said code of fair com-
etition complies in all respects with the pertinent provisions of title
Sof said act and that the requirements of clauses (1) and (2) of
subsection (a) of section 3 of the said act have been met.
NOW, THEREFORE, I, Franklin D. Roosevelt, President of the
United States, pursuant to the authority vested in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt and approve the report, recommendations and
findings of the Administrator and do order that the said code of fair
competition be and is hereby approved.
FRANKLIN D. ROOSEVELT,
President.
THE WHITE HOUSE,
November 4, 1933.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
(m)











OCTOaER 31, 1933.
The PRESIDENT,
The White House.
SIR: A Public Hearing on the Code of Fair Competition for the
Funeral Supply Industry, submitted by the Embalming Chemical
Manufacturers Association, Metal Burial Vault Manufacturers Asso-
ciation, Casket Hardware Manufacturers Service Bureau, and the
Casket Manufacturers Association of America, was conducted in
Washington on the 19th of September 1933, in accordance with the
provisions of the National Industrial Recovery Act. These Associa-
tions claim to represent seventy percent (70%) of the Industry.
The maximum hours permitted under this Code are forty (40) per
week, except that a tolerance of two hours per week shall be allowed
to twenty percent (20%) of the employees in any factory, provided
that the weekly average for any two-week period does not exceed
forty (40) hours per week. In case of abnormal mortality, pro-
vision is made for the Administrator to grant a further extension
of hours.
The minimum wage is forty cents (400) per hour for male nm-
ployees in the North and thirty cents (300) per hour for males in
the South, which is designated as Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Tennessee, Louisiana, Missis-
sippi, Arkansas, Texas, and Oklahoma. Female employees are to
be paid at the rate of thirty cents (300) per hour, except that where
they perform the same work as males they shall receive the same pay.
Aged employees, to the extent of two percent (2%) per employer, are
provided for at the rate of $10.00 per week. Learners who shall not
exceed five percent (5%) of the total number employed, are provided
to be paid not less than eighty percent (80%) of the minimum wage
for a six weeks learning period.
The bulk of this industry is already very commendably operating
under the President's Reemployment Agreement. To date about ten
percent (10%) or one thousand (1,000) workers have been added
to the pay rolls. Under the Code it is the plan of the industry to
exceed the peak of employment enjoyed in 1929 by February 1934.
The forty-hour week, with two-hour tolerance, represents prob-
ably the maximum burden possible at this time without danger of
disturbance of the orderly recovery of the industry.
The wage differential between North and South represents a re-
duction of about thirty-three percent (33%) over the differential
which prevailed prior to June 1933. Any greater reduction in differ-
ential at this time would endanger the stability of this industry in
the South.
The increase of ten percent (10%) in the pay roll has already
been achieved, and there will be no further material increase at this
time. It is believed that any further burden on the industry at the
present time would demoralize the weaker element in this industry
and result in further unemployment. This situation is due to the
(IV)







fact that this industry cannot increase its business, which is repre-
sented by the human dead, and can only enlarge business operations
'through higher prices. This effort would be confronted with dif-
ficulties owing to lagging buying power.
FINDINGS
The Administrator finds that-
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
.tion, subsection (a) of Section 7, and subsection (b) of Section 10
thereof; and that
(b) The Embalming Chemical Manufacturers Association, Metal
Burial Vault Manufacturers Association, Casket Hardware Manu-
facturers Service Bureau, and the Casket Manufacturers Associa-
tion of America, the applicant groups herein, impose no inequitable
restrictions on admission to membership and are truly representa-
tive of the Funeral Supply Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises, and will not operate
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
This Industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From evi-
dence adduced during this hearing and from recommendations and
reports of the various Advisory Boards it is believed that this Code
as now proposed and revised represents an effective, practical, equi-
table solution for this Industry, and its approval as herein sub-
mitted is recommended.
Respectfully,
HUGH S. JOHNSON,
Administrator.


















1.


I--I












CODE OF FAIR COMPETITION FOR THE FUNERAL SUPPLY
INDUSTRY

ARTICLE I-PURPOsEs
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 Funeral Supply Industry, and upon ap-
proval by the President shall be the standard of fair competition
for such industry and shall be binding upon every member thereof.

ARTICLE II-DEFINTrroNs
(a) The term Funeral Supplies as used herein includes wood
burial caskets, metal burial caskets, metal burial vaults, wood and
metal burial boxes, casket hardware, embalming chemicals, embalm-
ing instruments and equipment, burial garments and funeral dry
goods, morgue tables, casket trucks, lowering devices, artificial
grave grass, and miscellaneous products, exclusive of concrete burial
vaults, sold, used, or consumed by the funeral director in the prepara-
tion of human dead for burial or other final disposition.
(b) The term "Manufacturers" means manufacturers and/or
wholesale distributers of funeral supplies engaged either wholly or
partly in manufacturing, refabricating, or jobbing funeral supplies.
(c) The term Refabricators means manufacturers and/or job-
bers who buy partly manufactured funeral supplies, perform assem-
bling and/or finishing operations, and otherwise prepare and sell or
offer to sell such supplies at wholesale.
(d) The term "Jobbers means wholesale distributors of funeral
supplies to funeral directors and other retail outlets, such wholesale
distributors carrying stocks of the goods which they wholesale,
shipping out of their stocks at least half of the goods they sell, and
systematically calling on the trade either themselves or through
salesmen.
(e) The term "Member of the Industry includes anyone engaged
in the industry as above defined, either as an employer or on his own
behalf.
(f) The term "Association means any representative trade asso-
ciation of the industry.
(g) The term Employee ", as used herein, includes anyone em-
ployed in the industry in any capacity receiving compensation for
his services, irrespective of the nature or method of payment of such
compensation.
(h) The term "Employer", as used herein, includes anyone by
whom any such employee is compensated or employed.
(i) The term Division means either a commodity division of
the Funeral Supply Industry or a geographical division of the
Casket Industry.
19509--188-153--33 ()








(j) The terms President ", "Act ", and "Administrator ", as used
herein, shall mean, respectively, the President of the United States
the National Industrial Recovery Act, and the Administrator o
said Act.
ARTInCL III-Houns
1. No employee shall be permitted to work in excess of forty (40)
hours in any one week; provided, however, that any employer shall
have the right of a tolerance in working hours in any one week, not
to exceed two hours or five percent (5%) of said maximum number
of hours of work per week, but in no event shall the total number
of hours worked over a period of any two weeks average more than
forty (40) hours per week, nor shall said tolerance apply to more
than twenty percent (20%) of all employees in any one plant
(a) The Administrator may, in case of local or extensive catas-
trophes causing abnormal mortality, and at the request of the Code
Authority, exempt any one or more factories from the maximum
working-hour provisions of this Code, for such period as he may
designate.
(b) The provision for maximum hours shall not apply to em-
ployees in executive or supervisory capacities receiving over thirty-
fve dollars ($35.00) per week, nor to outside salesmen.
(c) With the approval of the Administrator, the Code Authority
may make such regulations concerning emergency service at nights
and on Sundays and holidays as may serve public convenience with-
out exceeding the maximum work week as herein provided.
(d) Watchmen shall be permitted to work forty-two (42) hours
a week, averaged over any two successive weeks.
(e) Engineers and firemen, outside deliverymen, and emergency
repair crews shall be permitted to work forty-six (46) hours per
week, but shall be paid one and one half times the regular wage rates
for all hours in excess of forty (40) in any one week or eight (8)
hours in any one day.
2. No employer shall operate more than two shifts.
3. No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours herein prescribed,
whether he be employed by one or more employers.

ARTICLE IV-WAGES
1. Minimum wages shall be-
(a) For female employees thirty cents (300) per hour.
(b) For male employees, forty cents (400) per hour, except in the
States of Virginia, North Carolina, South Carolina, Georgia, Florida.
Alabama, Tennessee, Louisiana, Mississippi, Arkansas, Texas, and
Oklahoma, such States being hereby designated as the South, the
minimum rate per hour shall be thirty cents (300).
(c) The provisions of this Article establish a minimum rate of
pay, regardless of whether an employee is compensated on a time
rate, piecework performance, or other basis.
2. Deductions shall not be made for pensions, group insurance,
stock-selling plans, or other projects involving employee participa-
tions, except with the express and voluntary consent of the employees.








8. Learners, who shall have had no previous employment or ex-
perience in this industry, shall be paid not less than eighty percent
(80%) of the minimum wages above specified and shall be limited
to not more than a six (6) weeks' learning period.
(a) During any calendar month the number of learners shall not
exceed five percent (5%) of the total number of employees.
4. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
5. Where because of infirmities due to age or other causes, it is
not possible for any employee to earn the wages herein provided, the
Code Authority may, with the approval of the Administrator, per-
mit such employees to continue in employment at a minimum rate
of not less than ten dollars ($10.00) per week.
(a) Such employees shall not in any case exceed more than two
percent (2%) of the total number of employees regularly employed.
(b) The provisions of this Section shall apply only to persons
who were in the employ of the member of the industry on or before
June 16, 1933, and continuously thereafter up to date of petition;
any employer having such infirm employees in his employ shall
petition the Code Authority for permission to continue said employees
in his employ at the minimum wage provided in this section and he
shall set forth in his petition the following:
(1) Length of time which said person has been in his employ.
2) The amount of wages earned by said person per week during
the preceding six (6) months.
3 The age of the person.
4The sex.
5The kind of work performed.
6 The hours worked.
(7 The nature of the infirmity which prevents earning the mini-
mum wage.
6. It is the policy of the members of this industry to refrain from
reducing the compensation for employment, 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 endeavor to
increase the pay of all employees in excess of the minimum wage, as
herein set forth, by an equitable adjustment of all pay schedules.
7. Employers shall make payment of all wages due in lawful
currency or by negotiable check payable on demand.

ARTICLE V--GENERAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed
in the industry, nor anyone under eighteen (18) years of age as an
operator of woodworking or metal-working machines.
2. Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of 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.








8. 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 or assisting a labor organization of his own
choosing, and
4. Employers shall comply with the maximum hours of labor
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers regu-
lating the age of employees, wages, hours of work, or health, fire, or
general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of
the Act.
7. Each employer shall post in conspicuous places full copies of
the wage and hour provisions of this Code.
ARTICLE VI-DivisioNs
1. For the purpose of the administration and enforcement of this
code, the following divisions are hereby established:
(A) Commodity Divisions:
(1) Metal Casket Division of the Casket Manufacturers Associa-
tion of America, consisting of manufacturers of metal caskets and
metal casket shells.
(2) Casket Hardware Division, consisting of manufacturers of
casket hardware, trimmings and ornaments.
(3) Metal Burial Vault Division, consisting of manufacturers of
metal grave vaults.
(4) Embalming Chemical Division, consisting of manufacturers
of embalming chemicals and kindred products.
(5) Garment and Dry Goods Division consisting of manufac-
turers and jobbers of burial garments and funeral dry goods.
(B) Geographical Divisions:
(1) New England Division, including the states of Maine, New
Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut.
(2) New York City and New Jersey Division, consisting of Metro-
politan New York, Albany, and New Jersey.
(3) New York State Division, consisting of New York State ex-
cept New York City and Albany.
(4) Pennsylvania Division, consisting of Eastern Pennsylvania,
Maryland, and the District of Columbia.
(5) Southeastern Division, consisting of Virginia, North Carolina,
South Carolina, Georgia, Florida, Alabama, Tennessee, and Mis-
sissippi.
(6) Lower Mississippi Division, consisting of Louisiana, Texas,
Oklahoma, and Arkansas.
(7) Pittsburgh Division, consisting of Western Pennsylvania,
Eastern Ohio, including Cleveland, Columbus, and Zanesville, and
West Virginia.
(8) Cincinnati-Louisville-Indianapolis Division, consisting of In-
diana, Western and Southern Ohio, and Kentucky.
(9) Michigan Division, consisting of Michigan and tributary ter-
ritory located in Northwestern Ohio.






5'

(10) West Central Division, consisting of Illinois, Wisconsin,
Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri,
and Kansas.
(11) Mountain Division, consisting of Colorado, Utah, and New
Mexico.
(12) North Pacific Division, consisting of Oregon and Washing-
ton.
(13) California Division, consisting of California.
(C) Other divisions of manufacturers and, or jobbers of funeral
supplies may be established by any group homogeneous as to com-
modity or geographical interest, and upon application to the Code
Authority, such divisions when approved by the Administrator,
shall have representation on the Code Authority.
ARTICLE VII-ADMINISTRATION
To further effectuate the policies of the Act, a Code Authority is
hereby constituted to cooperate with the Administrator in the ad-
ministration of this Code.
1. Organization and constitution of Code Authority.
(a) The Code Authority shall consist of at least one representa-
tive from each commodity division and from each geographical
division, to be nominated by a fair method of selection, and ap-
pointed by the Administrator and, in addition thereto, such other
representatives as shall be nominated by a fair method of selection,
from among other manufacturers and/or jobbers of allied lines who
may desire to come under the provisions of this code, including not
more than three members without vote to be appointed at the dis-
cretion of the Administrator.
(b) Proposals in respect to matters affecting more than one asso-
ciation or division may be initiated by any affected association or
division, and shall be submitted to the Code Authority hereby
established; such action as may be taken thereon, provided the same
is approved by the Administrator, shall be binding upon said. asso-
ciation and all other associations thereby affected. Nothing in this
provision, however, shall be constried to affect the right of review of
the decision by the Administrator upon application therefore by any
member of the association.
(1) Each association or division as herein classified may, from
time to time, prepare and submit through the Code Authority for
the approval of the Administrator such amendments or additions to
this code-regulating standards of quality, or trade practices, or both,
as experience under this code may indicate to be necessary for the
elimination of unfair competitive practices.
(c) Vacancies in the Code Authority caused by death, resignation,
or otherwise shall be filled in the same manner as herein provided for
the establishment of the original Code Authority.
(1) The Code Authority shall select a contact committee of not
more than five members, in addition to such members as may be
appointed at the discretion of the Administrator, empowered to
represent the Code Authority in its relations with the Administrator.
(2) The Code Authority, with the approval of the Administrator,
may delegate any of its functions and powers under this code to
such committee, officers, agents, or employees as it may designate or
appoint.








2. The Code Authority or its duly authorized committees, officers,
or agents shall cooperate with the Administrator as a planning,
coordinating, administrative, and fair practice agency for the Fun-
eral Supply Industry, and shall keep the Administrator informed
as to the functioning and observance or nonobservance of any of the
provisions of this Code, and shall have the following duties and
powers to the extent permitted by the National Industrial Recovery
Act, subject to the right of the Administrator on review to disap-
prove or modify any action taken by such Code Authority or its
duly authorized representatives.
(a) To administer and enforce the provisions of this Code or
any order, rule, or regulation issued by the Administrator purusant
to the provisions of the National Industrial Recovery Act and/or
of this Code.
(b) Such agency may from time to time present to the Adminis-
trator for his approval recommendations based on conditions in the
industry as they may develop which tend to effectuate the policy of
the National Industrial Recovery Act and it shall be the duty of the
Code Authority or its duly authorized representatives, when experi-
ence under the code may require, to make such specific recommenda-
tions with reference to statistical reports, keeping of uniform
accounts, methods and conditions of trading, disposal of distress
merchandise, auditing, where deemed necessary, of statistical reports,
costs, prices, and terms to assure accuracy, rules and regulations
regarding standardization, uniform cost accounting, reduction of
styles and sizes and labeling of products, prevention of accidents and
occupational diseases and such other recommendations as may from
time to time appear necessary or expedient to effectuate the purposes
of Title I of the National Industrial Recovery Act.
3. Any member of the Industry is privileged to take part in any
and all activities of the Association having to do with the Code for
the Industry, and to receive such reports concerning Code activities
as may, from time to time, be sent to members of the Association, and
in every other way to directly and indirectly participate in the Code
work of the Association, either by becoming a member of the Associa-
tion and paying to the Association the duties provided to be paid by a
member of like standing, or by becoming a Code Associate and pay-
ing to the Association a pro rata share of the costs of carrying on
the code work of the Association. All firms, partnerships, and indi-
viduals hereafter entering the business of manufacturing and/or
jobbing funeral supplies for profit shall be admitted to fill partici-
pation in the associations or divisions on equal terms with the exist-
ing members thereof, and there shall be no inequitable restriction as
to admission to membership.
4. With a view to keeping the President informed as to the ob-
servance and/or nonobservance of this Code of Fair Competition
and as to whether the Funeral Supply Industry is taking appro-
priate steps to effectuate the declared policy of the National Indus-
trial Recovery Act, each member engaged in the Funeral Supply
Industry will furnish duly certified reports to the Code Authority
or its duly authorized representative as follows and in such form as
may hereafter be provided:








(a) Wages and hours of labor; returns for every four (4) weeks
showing, for each of the four (4) weeks immediately preceding the
following:
(1) Number of factory employees, including outside workmen and
delivery men.
(2) Total hours worked by all such workmen.
(3) Maximum hours worked by any employees other than those
specifically excepted in this code.
(4) Minimum rate per hour paid to any employee.
(5) Hours, wages, and number of learners and of infirm em-
ployees.
(6) Such other reports as may, with the approval of the Adminis-
trator, be required by the Code Authority from time to time.
5. In addition to the information required to be submitted to the
Code Authority, there shall be furnished by members of the Industry
and the Code Authority upon request to the Administrator such sta-
tistical information as the Administrator may deem necessary for the
purposes recited in Section 3 (a) of the Act.
ARTICLE VIII-SALES PROVISIONS AND TERMS OF SALE
1. Sales Provisions.-(a) No manufacturer and/or wholesale dis-
tributor engaged in this industry shall sell funeral supplies to funeral
directors; cemeteries, cemetery associations, or other organizations,
establishments, and institutions, not regularly engaged in the busi-
ness or occupation of funeral directing or to any other retail outlet,
which has not conformed to license requirements and the rules and
regulations of State Boards of Health, and other governmental regu-
latory bodies, governing the care and distribution of the human dead:
Provided, however, That purchases of the products of this industry
by government units, including the War Department, the Navy De-
partment, Soldiers' Homes and the Veterans' Bureau shal'l not, by
virtue ol this provision, be prohibited.
2. Sales below cost.-(a) Members of the Industry shall not sell
any products or accessories below cost as determined by an adequate
cost-accounting system. The Code Authority may, from time to
time, require employers to furnish complete information relating to
their costs, which when requested by the Code Authority shall be
verified by a certified public accountant.
(b) The Code Authority shall, with the approval of the Admin-
istrator,'provide an adequate system of Cost Accounting, capable
of uniform application in the Industry.
(c) Nothing in this Code shall be construed as limiting or inter-
fering with the right of the funeral director to purchase separately
burial caskets, casket hardware, interior linings and upholstering
materials and to assemble them, or to alter caskets to meet the re-
quirements of sale and use.
8. Terms and Discounts.-(a) The terms and discounts of this
industry, unless hereafter otherwise provided in accordance with
the provisions of this Code, shall be no more favorable than the
following:
(1) All merchandise shall be sold f.o.b. factory or f.o.b. sales
establishment with freight allowed.








(2) Net 60 days; allowance of 2% cash discount for payment in
80 days after date of invoice or for payment of an entire preceding
month's invoice received on or before the 15th of the following
month.
(b) All terms of each member of this industry shall be filed in
the office of the association to which such member belongs within
fifteen (15) days of the effective date of this code and such terms
when filed shall remain in effect until they are changed, modified
or amended by the member originally filing the same. Notices of
such changes, modifications or amendments shall be filed at least ten
days in advance of such changes taking effect and they shall take
effect to all customers at the same time.
4. Filing of Price Lists, Discount Sheets, etc.-(a) All members
of the industry shall be required to post on the effective date of this
Code, and to file with the Code Authority within fifteen days of
the effective date of this Code, their price list, discount sheets, price
sheets or price quotations, and each member of the industry shall
adhere to his own published prices so filed, and no products of this
industry shall be sold at a price less or at a discount greater than
provided by the price lists, discount sheets, price sheets or price quo-
tations on file with the Code Authority as herein provided; unless
and until such schedules have been amended and filed with the Code
Authority ten days prior to the date upon which such amended price
lists, discount sheets, price sheets or price quotations shall become
effective.
ARTICLE IX-TRADE PRACTICE
1. The following practices constitute unfair methods of competi-
tion and are prohibited.
(a) To sell or offer for sale at prices below cost.
(b) To discriminate in prices among buyers of the same grade,
quality, and quantity.
(c) To offer or give secret discounts or rebates, or permit buyers
to take unearned discounts.
(d) To resort to any form of contract selling which permits the
buyer to cancel or which provides for a reduced price in the event
of a market decline, but does not permit the seller to cancel, or does
not provide for an enhanced price in the event of a market advance.
(e) To resort to any form of contract or option selling which is
a price-cutting device m fact or spirit.
(f) To resort to or indulge in practices which tend to induce cus-
tomers to break contracts or to cancel orders placed, with competitors.
(g) Selling the products of this industry or offering the same for
sale in a market or trade area other than that in which the seller is
usually and normally engaged, at prices lower than the price at
which such products are customarily sold or offered for sale in the
seller's normal market.
(h) To extend the jobber's discount to any person, firm, or corpo-
ration not performing, or not set up to perform, the function of
jobbing and/or wholesale distribution.
(i) To extend to any customer, either retail or jobber, discounts
and terms differing in any way from the manufacturer's published
discounts and terms.
(j) To depart in any way from terms of sale and payment.









(k) To offer either volume or quantity discounts, except as speci-
fied by geographical atilUor commodity divisions and approved by
the Code Authority.
(1) For a jobber to offer or give volume or quantity discounts on
any commodity except after giving notice of the same to the Code
Authority and Administrator.
(m) To sell any of the products of this industry on consignment
except under a bona fide contract or order, the form of which has
been approved by the Code Authority.
(n) To guarantee against price advances or protect against price
declines, except on contracts which are intended to be carried out in
good faith.
(o) To commit commercial bribery by offering or giving commis-
sions, prizes, or gifts to anyone in connection with the sale, purchase,
or use of an article.
(p) To indulge in lavish entertainment of customers, or to give
excessive personal gifts to purchasers or their families, or to donate
funds, or provide banquets or other entertainment for associations,
or to make allowance for advertising, returned goods, or other pur-
poses to some customers which are not offered to all other customers
under the same terms, or to indulge in any other form of substantive
price cutting or rebates.
(q) To solicit, pool, or accept orders of several buyers in a manner
to give the buyer the advantage of more favorable prices or terms
than those to which the buyers would be entitled individually.
(r) To resort to or indulge in practices which are prejudicial to
the public interest, such as:
Misbranding.
Misrepresentation in branding, labeling, selling, and adver-
tising.
Deviation by any manufacturer from his published standards.
Deception in selling.
Design piracy and imitation of competitors' designs.
Limitation of competitors' trade marks.
(s) To resort to or indulge in practices which put competitors to
unfair'disadvantage, such as:
Defamation of competitors.
Enticing employees away from funeral directors and setting
them up in business with the intent of securing sales outlets.
(t) To violate rules and regulations promulgated by the Code
Authority with the approval of the Administrator, with respect to
the plain labeling of merchandise.
(u) To violate any other rules and/or regulations promulgated by
the Code Authority, with the approval of the Administrator, for
the conduct of the Funeral Supply Industry.
(v) Nothing in this Code shall be construed as limiting or inter-
fering with the right of the funeral director to purchase separately
burial caskets, casket hardware, and interior linings and upholstering
materials and to assemble them, or to alter caskets to meet the
requirements of sale and use.
(w) Nothing in this Code shall limit the effect of any adjudication
by the Courts or holding by the Federal Trade Commission on com-




UNIVERSITY OF FLORIDA
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plaint, finding, and order, that any practice or method is unfsii
providing, that such adjudication or holding is not inconsistent I
any provision of the Act or of this Code.
ARTICLE X---MODIFICATION
This Code and all the provisions thereof are expressly made E ::l
ject to the right of the President, in accordance with the provisi0ons':i
of subsection (b) of Section 10, Title I, of the National Industtri"al -
Recovery Act, from time to time to cancel or modify any order, ap4 :i
proval, license, rule or regulation issued under Title I of saiB:Act"
and specifically, but without limitation, to the right.of the Preside*i
to cancel or modify his approval of this Code or any conditions 4,ii p
posed by him upon his approval thereof. "
Such of the provisions of this Code as are not required to be: i
cluded therein by the National Industrial Recovery Act, may wit
the approval of the President, be modified or eliminated as changes ::
in circumstances or experience may indicate. It is contemplated-tha
from time to time supplementary provisions to this Code or'4tdd~ i :
tional codes will be submitted for the approval of the Preside~.t t' |o'
prevent unfair competition in price and other unfair and destructi're
competitive practices and to effectuate the other purposes and policies
of Title I of the National Industrial Recovery Act consistent witih ,
the provisions thereof. .
ARTICLE XI-MoNNOPO Es, ETC. .. I
No provision of this Code shall be so applied as to permi)n.
monopolies or monopolistic practices, or to eliminate, oppress, iiE::
discriminate against small enterprises.
ARTICLE XII-PRICE INCREASES
: ..:; .
Whereas the policy of the Act to increase real purchasing; power.
will be made impossible of consummation if prices of gedds and
services increase as rapidly as wages, it is recognized that pice in- ,
creases should be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increasesimn th
seller's costs.
ARTICLE XIII-ADJUSTMENT OF CONTRACTS
Where the costs of executing contracts entered into in ttielFuneral
Supply Industry prior to the approval of the President of thTUnited
States of this Code are increased by the application of the provision :'j
of the National Industrial Recovery Act to the Industry, it is
equitable and promotive of the purposes of the National Industri ::
Recovery Act that appropriate adjustments of such contracts t:::.
reflect such increased costs be arrived at by arbitral proceeding ,or::-i
otherwise, and the Code Authority is constituted an agency to ass
in effecting such adjustments.
ARTICLE XIV-EFFECTIVE DATE .
This Code shall become effective on the tenth day after its.qg otal I
by the President.



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