Code of fair competition for the retail rubber tire and battery trade as approved on May 1, 1934 by President Roosevelt

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Material Information

Title:
Code of fair competition for the retail rubber tire and battery trade as approved on May 1, 1934 by President Roosevelt
Portion of title:
Retail rubber tire and battery trade
Physical Description:
p. 507-525 : ; 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:
Tire industry -- Law and legislation -- United States   ( lcsh )
Battery industry -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

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. 807-19."
General Note:
"Approved Code No. 410."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942767
oclc - 63654886
System ID:
AA00008038:00001

Full Text



Apprved odeNo. 10 egisry o. 87-1


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


RETAIL RUBBER TIRE

AND BATTERY TRADE


AS APPROVED ON MAY 1, 1934
BY

PRESIDENT ROOSEVELT


WE DO OUR PART


U.S. wPOOtTORY

UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


S
For sale by Ihe Superinlendent of Documents, Washington, D.C. - Price 5 cents


Approved Code No. 410


Registry No. 807-18



























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.
Bo,.st. n. Mass.: 1SU1 Customhouse.
Buffaln, 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.: 801 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.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber 'if Commerce Building.
Portland, ()reg.: 215 New Pist Office Building.
St. Louis, Mo. 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: S09 Federal Office Building.




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Approved Code No. 410


CODE OF FAIR COMPETITION
FOR THE
RETAIL RUBBER TIRE AND BATTERY TRADE

As Approved on May 1, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

CODE OF FAIR COMPETITION FOR THE RETAIL RUBBER TIRE AND BATTERY
TRADE
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 Compettition for the Retail Rubber Tire and Battery Trade,
and hearings having been held thereon and the Administrator hav-
ing rendered his report containing an analysis of the said Code of
Fair Competition together with his recommendations and findings
with respect thereto, and the Administrator having found that the
said Code of Fair Competition complies in all respects with the
pertinent provisions of Title I of said Act and that the requirements
of clauses (1) and (2) of sub-section (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 effective May 14,
1934, unless just cause to the contrary should theretofore be shown,
the said Code of Fair Competition be and it is hereby approved;
provided, that if prior to said effective date the Administrator on
his own initiative determines that an emergency due to destructive
price-cutting, as stated in Article VI, Section 4 of said Code, exists
in the trade, the Administrator may thereupon cause to be deter-
mined the lowest reasonable cost as set forth in said Section 4 of
Article VI and such determination may thereupon be announced
to the members of the trade in such manner as the Administrator
shall direct but shall not become binding upon such members until
the effective date of the Code; and provided further, that in connec-
tion with the existence of an emergency due to destructive price-
cutting and the determination of lowest reasonable cost thereunder
55984"-544-2-34 (507)







508

as stated in Article VI, Section 4 of the Code, in order to eliminate
unfair competition the Administrator may establish for the period
of such emergency a uniform guarantee and warranty applicable
to the sale or offering for sale of any products of the trade; and pro-
vided further, that the provisions of Article VI, Section 2 insofar
as they prescribe a waiting period between the filing with the Code
Authority or its duly constituted agency and the effective date of
revised price-lists, be and they are hereby stayed pending my further
orders or the' orders of the Administrator; and provided further,
that within ninety (90) days of the approval of the Code, the Code
Authority shall submit recommendations to the Administrator for
the purpose of rendering the hour and wage provisions of this Code
as consistent as possible with such provisions in codes of related
trades.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
A administrator.
THE WHrrE HOUSE,
May 1, 1934.










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LETTER OF TRANSMITTAL


The PRESIDENT,
The White House.
SIR: The proposed (ode of Fair Competition for the Retail Rub-
ber Tire and Battery Trade was submitted to the Administrator on
August 23, 1933. Further consideration of the Code was postponed
pending approval of the Code for the Rubber Tire Manufacturing
Industry. A Hearing was conducted in Washington on December
15, 1933. The Code was revised during the recess of this Hearing
and is submitted in its present form for approval. Every person
who requested an appearance was properly heard in accordance with
statutory and regulatory requirements.

HOURS AND WAGES

Under this Code, employees are limited to 48 hours per week with
a restriction of 10 hours per day and 52 hours in any one week. Over
time in excess of 48 hours per week shall be paid at the rate of time
and one third. Watchmen are limited to 54 hours per week and not
more than 6 days per week. These maximum hours refer to the
availability of the employee in the employer's establishment.
The Code provides for a minimum wage of $0.40 per hour for part
time employees or employees paid on an hourly basis in Northern
States and $0.35 per hour in Southern States. Minimums for
salaried employees range from $12.00 per week in towns of less than
2,500 population to $15.00 per week in cities of 500,000.

OTHER PROVISIONS OF THE CODE

The Code provides for the posting of prices in a conspicuous
manner in any dealer's establishment or the guidance of consumers.
It also provides that whenever the Code Authority may determine
that destructive price cutting exists in any trade area to the extent
that it endangers the provisions of the Code, upon certification, the
Administrator may declare an emergency and cause the lowest rea-
sonable cost to be determined for such trade area-such lowest rea-
sonable cost being the lowest price at which any dealer may sell
products of the Trade in that area during the emergency.
The Trade has adopted thirty-four (3'4) trade practice provisions
in this Code, designed to eliminate various forms of unfair competi-
tion. Many of these were originally incorporated in the Codes for
the Rubber Tire and Electric Storage Battery Industries. Every
effort has been made to coordinate the Codes for this Trade with the
respective Industries supplying its products. The Code further
provides however that the Code Authority shall make recommenda-
tions to the Administrator in regard to the coordination of this Code
(509)







510


with that of the Code Authority of the Rubber Tire Manufacturing
Industry and the Electric Storage Battery and Wet Primary Battery
Industry, for administrative purposes.
Supplemental Codes for the Wholesale Tire and Battery Trade
and the Tire Rebuilding and Retreading Industry or Trade may be
submitted as part of this Code at a later date.

ECONOMIC EFFECT OF CODE

Sales in the Rubber Tire Manufacturing Industry declined from
$675,000,000 to $300,000,000 or 55% from 1929 .to 1933. Sales in the
Electric Storage Battery Industry declined from $109,000,000 in
1929 to about $65,000,000 or 40%, in the same period.
In 1929, there were 154,000 establishments engaged in the re-
tailing of tires and batteries, according to the Census of Distribu-
tion for that year. Sales of tires composed 85% of the total sales
of the products of the Trade covered by this Code. No exact data
are available as to the number of establishments selling tires and
batteries or the number of employees involved. It is believed that
some 175,000 establishments will be affected by this Code, insofar as
the trade practices. Tires and batteries are sold in many types of
establishments, including filling stations, motor vehicle retailers,
garages, tire and battery stores, automotive accessories stores, de-
partment stores. The Division of Research and Planning estimates
there are about 100,000 employees engaged in the Trade. The Trade
itself estimates 150,000 employees. In the absence of any data,
no estimate can be made as to re-employment. Prior to last Au-
gust, the Trade has stated that employees averaged from sixty to
seventy hours per week.
The Retail Rubber Tire and Battery Trade urgently needs a
Code of fair competition. As you know, it was necessary for this
Administration to intervene on March 30th to end a wave of destruc-
tive price cutting which had spread thruout the country. In trans-
mitting the Code for the Rubber Tire Manufacturing Industry for
your approval, I stated that the reclamation of this Industry and
Trade from the destructive competition which has existed, must be
a continuing task over a long period of time. This Code is designed
to supplement the Manufacturers' Code, and to further assist the
Industry and Trade in eliminating the type of unfair competition
which has prevailed.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and
purposes of Title I of the National Industrial Recovery Act, includ-
ing removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will
provide 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



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511


management under adequate governmental sanctions and supervi-
sion, 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 temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is a trade association truly representative of the aforesaid Trade;
and that said association imposes no inequitable restrictions on
admission to membership therein.
(c) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(d) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(e) 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.
It is recommended, therefore, that this Code be approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
MAY 1, 1934.













CODE OF FAIR COMPETITION FOR THE RETAIL
RUBBER TIRE AND BATTERY TRADE

To effect the policies of Title I of the National Industrial Re-
covery Act, the following provisions are hereby established as a
Code of Fair Competition for the Retail Rubber Tire and Battery
Trade, and shall be the standards of fair competition for this Trade,
and shall be binding upon every member thereof.

ARTICLE I
A. DEFINITIONS
SECTION 1. The term Retail Rubber Tire and Battery Trade"
or Trade ", as used herein, shall mean the sale or offering for sale
to the ultimate consumer and not for resale purposes, of:
(a) Solid or pneumatic rubber tires and pneumatic rubber tubes;
(b) Automotive storage batteries for starting, lighting, and/or
ignition service and radio receiving storage batteries;
(c) Tire or battery parts and accessories;
(d) Automobile rims and wheels in connection with change-over
from one type of tire equipment to another;
(e) The servicing of products of the Trade.
SECTION 2. The term Member of the Trade or Member ", as
used herein, includes but without limitation, any individual, partner-
ship, association, corporation, or other form of enterprise, and any
subsidiary or affiliate of the same, engaged in the Trade, either as
employer or on his or its own behalf.
SECTION 3. The term '~ Member of the Code", as used herein,
includes any Member of the Trade who shall expressly signify
assent to this Code.
SECTION 4. The term service or "servicing as used herein,
shall include, in addition to the direct servicing or repairing
of products of the Trade, the rendering of any service to a customer
as part of a transaction of sale or offer of sale of any product of the
Trade to such customer, and the rebuilding of such products by the
Members of the Trade.
SECTION 5. The term "Association ", as used herein, means the
National Tire Dealers Associaton, Inc., a corporation organized
and existing under the laws of the State of New York, and at present
having its principal office at Chicago, Illinois, or such successor
corporation thereto as may hereafter be duly constituted.
SECTION 6. The term "employee ", as used herein, includes any
and all persons engaged in the Trade, however compensated, except
a Member of the Trade.
SECTION 7. The term employer as used herein includes anyone
by whom such employee is compensated or employed.
(512)

I.
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513


SECTION 8. The terms the President ", "Act", and "Admin-
istrator", as used herein, mean, respectively, the President of the
United States, Title I of the National Industrial Recovery Act,
and the Administrator for Industrial Recovery.
SECTION 9. The term Southern States ", as used in Articles IV
and V herein, shall mean Alabama, Arkansas, District, of Columbia,
Florida, Georgia, Kentucky, Louisiana. Maryland, Mississippi,
New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee,
Texas, Virginia, and West. Virinia.
SECTION 10. The term Northern States ", as used in Articles IV
and V herein, shall mean the rest of the United States, but not
Alaska, Hawaii or Puerto Rico.
SECTION 11. Population for the prpl)oses of this Code shall be
determined by reference to the latest. Federal Census.

ARTICLE II

A. ADMINISTRATION

SECTION 1. A Code Authority is hereby establi.-ied, consisting
of nine voting members representative of the trade, to be appointed
by the Administrator, consisting of the following:
* Six members representative of Members of the Code who are
independent tire and battery dealers. One such Member shall be
elected from each of the six geographical Regions as defined in
Section 3 of this Article:
One member shall be representative of Members of the Code who
are distributors of petroleum products, distributing special brand
tires, tubes, and batteries:
One member shall be representative of Members of the Code dis-
tributing special brand tires, tubes and batteries through mail order,
chain or department stores.
One member shall be representative of Members of the Code owned
or controlled by rubber tire manufacturers and known as company
retail stores.
(a) The General Manager of the Association shall be an ex-
officio member of the Code Authority and shall act as its Chairman
with no voting power.
(b) One alternate shall also be appointed by the Administrator
for each member of the Code Authority, representative of the same
class of Members of the Code as his principal with full power to act
in the absence of his principal.
(c) The nine persons appointed to constitute the Code Authority
and their alternate shall serve for such terms as may be designated
by the Administrator, provided, however, that any person appointed
may be removed by the Administrator at any time.
SECTION 2. In addition to membership as above provided, there
may be from one to three persons to be known as Administration
Members, without vote and without expense to the Trade, to be ap-
pointed by the Administrator, to serve for such terms as he may
specify.
55984"---5 -4-2--34---2






514


SECTION 3. The geographical Regions for the purpose of selection
of the independent dealer members of the Code Authority shall be
constituted as follows:
Atlantic, Central, Eastern, Southern, Western, Pacific, with such
boundaries thereto as the Administrator may prescribe.
SECTION 4. Each trade association directly or indirectly partici-
pating in the selection or activities of the Code Authority shall:
(a) Impose no inequitable restrictions on membership, and
(b) Submit to the Administrator true copies of its articles of asso-
ciation, by-laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization and activities as the Administrator may deem necessary
to -ffectuate the purposes of the Act.
SECTION 5. In order that the Code Authority shall at all times
b)e truly representative of the Trade and in other respects comply
with the provisions of the Act, the Administrator may prescribe
such hearings as he may deem proper; and thereafter if he shall
find that the Code Authority is not truly representative or does not
in other respects comply with the provisions of the Act, may require
an appropriate modification of the Code Authority.
SECTION G. Nothing contained in this Code shall constitute the
enembers of the Code Authority partners for any purpose. Nor shall
this Code be construed to render any member of the Code Authority
liable in any manner to anyone for any act of any other member,
officer, agent, or employee of the Code Authority. Nor shall this
Code be construed to render any member of the Code Authority, ex-
ercising reasonable diligence in the conduct of his duties hereunder,
liable to anyone for any action or omission to act under this Code,
except for his own wilfull malfeasance or non-feasance.
SECTION 7. Subject to such rules and regulations as may be issued
by the Administrator, the Code Authority shall have the following
powers and duties, in addition to those authorized by other provisions
of this Code.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the Trade with the provisions of the
Act.
(b) To adopt by-laws and rules and regulations for its procedure
and for the administration of the Code.
(c) To obtain from Members of the Trade such information and
reports as are required for the administration of the Code. In
addition to information required to be submitted to the Code Au-
thority. MoilHdrs of the Trade subject to this Code shall furnish
such sttiti-tical 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 lie may designate; provided that nothing in
this Code shall relieve any Member of the Trade of any existing
obligations to furnish reports to any government agency. No indi-
vidual report shall be ,disclosed to any other Member of the Trade
or any other party except to sich other governmental agencies as
may be directed by the Alminiistrator.
(l) To use isuch trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that notliung herein shall relieve the Code Authority






515


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
as may be related to or affect. Members of the Trade.
(f) 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 Trade for the purpose of formdulting fair
trade practices to govern relationships between employers under
this Code and under such other codes to the end that such fair trade
practices may be proposed to the Administrator as amenildment to
this Code and such other codes.
(g) To cooperate with the Administrator in regllating the use
of any N.R.A. insignia solely by those Members of the Trade who
have assented to and are complying with this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern Members of the Trade in their relations
with each other or with other trades.
(i) To define regional, district, and other trade areas and desig-
nate the boundaries thereof.
(j) To establish, with the approval of the Administrator, a Con-
trol Board or Boards for any region, district or other trade area
through such individuals or groups as the Code Authority shall des-
ignate, and to discharge through such Board or Boards such of the
powers and duties reposed in the Code Authority as may be necessary
for the effective administration of this Code, in their respective re-
gions, districts. or other trade areas, provided, however, that noth-
ing herein shall relieve the Code Authority of its duties or respon-
sibilities under this Code.
(k) To revoke any authority granted by it pursuant to paragraph
(j) of this Section 7 whenever it shall determine that it is not being
fully or properly exercised.
(1) To coordinate and harmonize the activities of the various
Control Boards.
(m) It being found necessary to support the administration of
this Code, in order to effectuate the policy of the Act and to main-
tain the standards of fair competition established hereunder, the
Code Authority is authorized:
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which shall be held in trust for the purposes of the Code
and raised as hereinafter provided:
(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 fore-
going purposes, and
(b) An equitable basis upon which the funds necessary to
support such budget shall be contributed by all Members of the
Trade entitled to the benefits accruing from the maintenance of
such standards, and the administration thereof;
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and collect equitable con-







516


tributions as above set forth, and to that end, if necessary, to institute
legal proceedings therefore in its own name.
(4) Each Member of the Trade shall be liable for his or its equi-
table contribution to the expenses of the maintenance of the Code
Authority as hereinabove provided. Only Members of the Trade
complying with the Code and making such contribution shall be
entitled to participate in the selection of the members of the Code
Authority or to receive the benefits of its voluntary activities or to
make use of any N.R.A. insignia.
SECTION 8. If the Administrator shall determine that any action
of the Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investi-
gation 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 the same, or unless he
shall fail to disapprove the same after thirty (30) days notice to
him of intention to proceed with such action in its original or
modified form.
SECTION 9. The Code Authority shall designate an impartial
agency for the collection of statistics, data, reports, and information
under the Code. Every Member of the Trade shall prepare and file
with such impartial agency at such times and in such manner and
form as the Code Authority may designate such information and
reports pertinent to the operation of this Code as the Administrator
may from time to time require. Such reports and/or records may be
either sworn or unsworn as required.
(a) Any refusal or persistent or deliberate neglect by any Member
of the Trade to file or furnish information required under this Article
shall constitute an unfair trade practice and a violation of this Code.

ARTICLE III

A. INDUSTRIAL RELATIONS POLICIES

SECTION 1. Employees shall have the right to organize and bar-
gain 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 purpose of collective bargaining or other mutual aid or
protection.
SECTION 2. 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 organiza-
tion of his own choosing.
SECTION 3. 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 4. No person under sixteen (16) years of age shall be
employed in the Trade. No person under eighteen (18) years of
age shall be employed at operations or occupations which are danger-
ous to health. In any State an employer shall be deemed to have







517


complied with this provision as to age if he shall have on file a valid
certificate or permit duly signed by the Authority in such State
empowered to issue employment or age certificates or permits showing
that the employee is of the required age.
SECTION 5. No provision in this Code shall supersede any State or
Federal Law which imposes more stringent requirements on em-
ployers as to age of employees, wages, hours of work, or as to safety,
health, sanitary or general working conditions, or insurance, or fire
protection, then are imposed by this Code.
SECTION 6. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge for the pur-
pose of defeating the purposes or provisions of the Act or of this
Code.
SECTION 7. All employers shall post and keep posted copies of this
Code in conspicuous places accessible to all employees. Every Mem-
ber of the Trade shall comply with all rules and regulations relative
to the posting of provisions of ('odes of Fair Competition which may
from time to time be prescribed by the Administrator.
SECTION 8. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during the'
hours of their employment.

ARTICLE IV

A. HOURS

SECTION 1. No employee shall be permitted to work more than
forty-eight (48) hours in any one week, nor more than ten (10) hours
in any one day, except that in cases of necessity such employees may
work in excess of forty-eight (48) hours in any one week, and ten
(10) hours in any one day, provided that time and one third shall be
paid for all hours of employment in excess of forty-eight (48) hours
in any one week or ten (10) hours in any one day, but in no case shall
an employee be permitted to work more than fifty-two (52) hours
in any one week.
SECTION 2. Watchmen shall not be permitted to work more than
Fifty-four (54) hours in any one week, nor more than six (6) days
in any one week.
SECTION 3. Employees engaged in a managerial, executive or super-
visory capacity in cities of 100,000 population or more or in the im-
mediate trade areas of such cities, who regularly receive not less
than Thirty-five Dollars ($35.00) per week in Northern States and
not less than Thirty Dollars ($30.00) per week in Southern States,
and such employees in places of less than 100,000 population or in
the immediate trade areas of such places who regularly receive not
less than Thirty Dollars ($30.00) per week in Northern States and
not less than Twenty-five Dollars ($25.00) per week in Southern
States, and outside salesmen, shall be exempt from any provisions
as to maximum hours.
SECTION 4. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers in this Trade exceeds the max-
imum permitted herein.







518


SECTION 5. The maximum hours hereinabove prescribed refer to
the availability of the employee in the establishment or on the prem-
ises of the employer at the latter's request, whether or not the
employee is actively engaged in specific tasks throughout these hours.
SECTION 6. The Code Authority shall proceed immediately to a
study of the problem of consecutive hours of employment with re-
gard to the necessities of the Trade in the maintenance of service to
the public, and make recommendations within ninety (90) days,
which upon approval by the Administrator after such notice and
hearing ua he Imay prescribe shall be effective as a part of this Code.
ARTICLE V

A. WAGES

SECTION 1. No employee shall be paid per week of forty-eight
'(48) hours less than at the rate of:
$15.00 per week-In any city of 500,000 population or over or
in the immediate trade area of such city, in the Northern
States;
$14.00 per week-In any city of 5(0,000 population or over or
in the immediate trade area of such city, in the Southern
States;
$14.50 per week-In any city between 250,000 population and
under 500,000 population or in the immediate trade area of
such city, in the Northern States;
$13.50 per week-In any city between 250,000 and under
500,000 population or in the immediate trade area of such city,
in the Southern States;
$14.00 per week-In any place between 2,500 and under 250,000
population or in the immediate trade area of such place in
the Northern States;
$13.0,) per week-In any place between 2,500 and under 250,000
population or in the immediate trade area of such place, in
the Southern States;
$12.00 per week-In places elsewhere.
SE(-rIoN 2. A part time employee or one paid on an hourly basis
shall be paid not less than forty cents (40) per hour in the Northern
States nor less than thirty-five cents (35d) per hour in the Southern
States. A part time employee is one whose working hours entitle
him to less than the applicable minimum weekly amount specified
in Section 1 of this Article. Any employer may establish a regular
full time week of less than the hours specified in Section 1 of this
Article for all or part. of his employees provided, however, that the
minimum weekly wages established in said Section shall not be
thereby reduced.
SECTION 3. No imployce. whose normal full time weekly hours are
reduced puiirullnt to this Code by 20%1 or less, shall have his or her
full time weekly earnings reduced. No employee, whose normal
full time weekly hours are reduced by more than 20% pursuant to
this Code, shall have his or her full time weekly earnings reduced
by more than 10(-, and in no event less than the minimum weekly
wages established in Section 1 of this Article.







519


SECTION 4. A person whose earning capacity is limited because of
age, physical or mental handicap may be employed on light work at
a wage below the minimum established by this Code if the Member
of the Trade obtains from the State Authority designated by the
United States Department of Labor a certificate authorizing such
person's employment at such wages and for such hours as shall be
stated in the certificate. Every Member of the Trade shall file
monthly with the Code Authority a list of all such persons employed
by him, showing the wages paid to, and the maximum hours of
work for such employees.
SECTION 5. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees.
SECTION 6. This Article establishes minimum rates of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piece-work, or other basis.

ARTICLE VI

A. OPEN PRICES AND DESTRUCTIVE PRICE-CUTTING

SECTION 1. Every Member shall file with the Code Authority or
its duly constituted agency, in such manner and form as the Code
Authority or its agency may determine, a schedule of such Mem-
ber's retail and commercial prices, discounts, terms and conditions
of sale (including trade-in allowances, if any) for any product or
service of the Trade or any combination thereof.
SECTION 2. Thereafter no Member shall sell or offer for sale any
product or service of the Trade or any combination thereof below
the price stated in such filed schedules, provided however that such
schedules may be changed on not less than three (3) days notice to
the Code Authority or its agency, in such fair manner as the Code
Authority or its agency shall determine. No advance notice of
change need be given in t.he event that any Member advances prices
over his last filed schedule but this shall not be construed to include
a waiver of the requirements of Section 1 of this Article.
SECTION 3. Every Member shall post and keep posted conspicuously
in his establishment or establishments, in a manner easily accessible
to customers, a copy of his prevailing schedule of filed retail prices,
at which any product or service of the Trade or any combination
thereof will be sold or offered for sale by him. The Code Authority
or its agency may determine the manner and form of such schedule
and posting thereof.
SECTION 4. Destructive price-cutting as set forth herein is declared
an unfair method of competition and is forbidden. Whenever the
Code Authority determines that an emergency exists throughout the
Trade or within the Trade in any area, and that the cause thereof is
destructive price-cutting such as to render ineffective or to seriously
endanger the maintenance of the provisions of this Code or of the
Act, and the Code Authority certifies its conclusions based on such
determinations to the Administrator, or the Administrator deter-
mines on his own initiative, that an emergency exists as herein set
I See paragraph 2 of order approving this Code.







520


forth, the Administrator may thereupon declare such an emergency
to exist, subject to the provisions of Article XI of this Code.
(a) Thereupon the Administrator may cause to be determined in
accordance with such rules ant regulations as he may prescribe, the
lowest reasonable cost of any product or service of the Trade, in
any area concerning which such emergency shall have been declared
to exist. Such lowest reasonable cost when determined as aforesaid,
shall be announced to Members of the Trade in such manner as the
Administrator shall direct.
(b) Thereafter until the Administrator shall have declared that
said emergency has ceased to exist, no Member of the Trade shall
sell, or offer to sell, or otherwise dispose of any product or service
of the Trade for which the lowest reasonable cost has been deter-
mined, as hereinabove set forth, at a net realized price less than
the lowest reasonable cost so established.
(c) During the period of the emergency, the determination of
lowest reasonable cost may be revised from time to time at reason-
able intervals or as changes in circumstances or experience may
indicate.
(d) The Administrator may at any time declare, in such fair man-
ner as he shall determine, that the period of emergency has ended.

ARTICLE VII
A. TRADE PRACTICES
SECTION 1. No member shall use advertising (whether printed,
radio, display, or of any other nature) or other representation which
is misleading or inaccurate in any material particular or which re-
fers inaccurately to competitors or their commodities, prices, values,
credit terms, policies, or services. No Member shall, in any way,
misrepresent any commodity (including but without limitation, its
use, trade mark, grade, quality, quantity, origin, size, substance,
character, nature, finish, material content, preparation or specifica-
tions) or credit terms, values, policies, services, or the nature or form
of the business conducted.
SECTION 2. No Member shall use advertising which inaccurately
lays claim to a policy or continuing practice of underselling
competitors.
SECTION 3. No Member shall advertise, sell or offer for sale any
products of the Trade or service thereof in combination offers as
" free ", or any unit of such combination offer at less than the posted
price for such unit.
SuC(TION 4. No Member shall make any unauthorized use of trade
names, trademarks, or slogans identical with, or in imitation of, those
already in use by any other Member of the Trade or any Member of
the Rubber Tire Manufacturing Industry or the Electric Storage
and Wet Primary Battery Industry with the purpose or effect of
misleading or deceiving customers in any material particular.
SErCIoN 5. No Member shall falsely advertise or make any other
representation referring to, containing, or embodying a trade name
or trade-mark of any manufacturer or distributor, or any such terms
as "All Standard Makes", in connection with the offering and/or






521


sale of any tires, tubes, or batteries, bearing a trade-mark or trade
name.
SECTION 6. No Member shall represent itself as a franchised
dealer", by display or otherwise, for a particular product, when
in fact such Member is not so franchised
SECTION 7. No Member shall advertise in any form or by any
means the selling of "change-over" tires, or the offering of any
trade-in allowance on used products of the Trade, provided that
nothing herein shall limit in any way the operation of Section 3
of Article VI.
SECTION 8. No Member shall fill at old prices any orders received
or showing postmark after 12:01 A.M. of the day upon which a
Member's new prices become effective. No Member lshall solicit
orders at old prices after new prices have become effective. No
Member shall give any information to any class of consumers regard-
ing price changes prior to their effective date.
SECTION 9. No Member shall solicit or accept written or verbal
orders, agreements, or contracts for the sale of any products of the
Trade to any class of customers, the effect of which is to guarantee
prices on future deliveries. No Member shall renew or extend exist-
ing orders or contracts as a subterfuge in violation of this Section.
For purposes of interpretation of this Section, orders delivered
within thirty days (30) after date of order may be construed as
"immediate delivery"; deliveries after such thirty (30) day pe-
riod shall be construed as future delivery and billed at prices in
effect on delivery date. Should this provision work a hardship on
any Member, such Member may apply to the Code Authority which
shall have power to grant such exception as justice may require.
SECTION 10. No Member shall allow a cash discount in excess of
two (2%) per cent. No Member shall sell or offer for sale products
of the Trade on a deferred, installment or time basis, unless the total
selling price for such products includes an amount for legal interest
and other usual carrying charges.
SECTION 11. No Member shall solicit or accept at other than cur-
rent prices the reinstatement of any order previously canceled.
SECTION 12. No Member shall withhold from or insert into any
quotation or invoice any statement that makes it inaccurate in any
material particular. No Member shall post-date or pre-date, or
acquiesce in the post-dating or pre-dating of orders, invoices, or
contracts.
SECTION 13. No Member shall secretly make any payment or al-
lowance of a rebate, refund, commission, credit, unearned discount,
or excess allowance, whether in form of money or otherwise, for
the purpose of influencing a sale, nor shall any Member secretly
offer or extend to any customer any special service or privilege
not extended to all customers of the same class.
SECTION 14. No Member shall give, or knowingly permit to be
given, or offer to give, anything of value for the purpose of in-
fluencing or rewarding the action of an employee, agent, or repr-
sentative of another in relation to the business the employer of
such employee, the principal of such aPent, or the represented party.
This section shall not be construed ti pr-,hibit the free and general






522


distribution of articles used for advertising except when such articles
are actually used for commercial bribery as aforesaid.
SECTION 15. No Member shall make, or publish any statement con-
cerning the name, reputation, services, goods, products, policies,
practices, or financial standing of any Member, its agents, repre-
sentatives, or employees which is false or misleading in any material
particular.
SECTION 16. NO Member shall willfully induce or attempt to in-
duce the breach of existing contracts between competitors and their
customers by any false or deceptive means, or interfere with or ob-
struct the performance of any such contractual duties or services by
any such means, with the purpose and effect of hampering, injuring
or embarrassing competitors in their business.
SECTION 17. No Member shall brand or mark or pack any goods
in any manner which is intended to or does deceive or mislead
purchasers in any material particular with respect to the brand,
grade, quality, quantity, origin, size, substance, character, nature,
finish, material content or preparation of such goods.
SECTION 18. After four months from the effective date of this Code
nio Member shall sell, or offer for sale, blemished or second "
tires and tubes except to a Member's own employees for personal use
and not for purposes of resale.
SE'TION 19. No Member shall under any circumstances sell or
offer for sale new products of the Trade (or firsts ") as seconds ",
"used ", or changeovers."
SECTION 20. No Member shall sell or offer for sale any products
of the Trade of obsolete or discontinued design in a number in
excess of ten units in any one establishment during any thirty (30)
day period at special prices unless
(a) Such Member shall notify the Code Authority or its duly
constituted agency ten (10) days in advance of the intended offering
for sale of such products, and
(b) Such products are marketed in accordance with regulations
of the Code Authority thereto appertaining, and
(c) Such Member states the number, type and size of such products
and the discount below the regularly established price at which such
products are to be offered or sold, and
(d) Such Member indicates clearly to customers that such prod-
ucts are of obsolete or discontinued design.
(e) Advertising in any form or by any means clearly specifies that
such products are of obsolete or discontinued design.
For the purpose of this Section, obsolete or discontinued designs
shall be defined as all products of the Trade which have actually
been discontinued from production.
SECTION 21. No Member shall offer or give any product of the
Trade or sell below his posted price any such product for test pur-
poses without prior approval of the Code Authority.
SECTION 22. The Code Authority shall, in cooperation with the
Code Authority for the Rubber Tire Manufacturing Industry, make
a complete study of the practice of leasing tires to taxicab and bus
companies and submit recommendations to the Administrator within
ninety (90) days from the approval of this Code for the elimination
of any unfair practices which may exist in this field.







523


SECTION 23. No Member shall directly or indirectly make any al-
lowance whatever on used solid or pneumatic truck and bus tires or
used tubes. Nor shall any member be instrumental in disposing, in
any manner, of used solid or pneumatic truck and bus tires or tubes
for the credit of the customer.
SECTION 24. No Member shall indicate, or permit any employee to
indicate, either directly or indirectly, or by inference in advertising
or selling, that breaker strips are plies. Plies extending from the
heel of one bead to the heel of the other bead, if of substantially the
same construction as other plies in tire, shall not be considered as
breaker strips.
SECTION 25. No Member shall sell, or offer for sale, any recapped
or retreaded tires unless the words "Recapped or "Retreaded "
are conspicuously and permanently marked, stenciled, or branded in
letters of not less than three-eighths inch in height on passenger car
sizes, and one-half inch in height on truck and bus sizes, on the side
wall and wrapper thereof.
SECTION 26. No Member shall advertise or use or permit to be ad-
vertised or used, such terms as "unconditional guarantee" when
conditions are in fact imposed on the replacement or exchange of
tires and tubes.
SECTION 27. No Member shall advertise, make, offer, or extend any
guarantee, warranty, or adjustment policy on second, discontinued
lines, rebuilt, repaired, or used storage batteries for a period longer
than ninety (90) days.
SECTION 28. No Member shall sell, or offer for sale, any storage
battery which is not marked or branded with respect to capacity and
quality, such marking or branding actually to designate capacity or
quality, or to refer by type or number or other designation to pub-
lished specifications with respect to capacity and quality.
SECTION 29. No Member shall sell, or offer for sale, any battery as
a rebuilt battery when in fact all positive and negative plates and
separators have not been replaced with new ones, or in which the
plates are of a brand other than that shown on the branded parts
used.
SECTION 30. No Member shall sell, or offer for sale, any rebuilt
or repaired battery which is not marked and/or branded plainly and
permanently rebuilt" or repaired as the case may be.
SECTION 31. No Member shall make or extend any warranty, guar-
antee, and or adjustment policy as to time, mileage, or performance
of any battery, and/or make any adjustment or allowance beyond the
terms of the warranty, guarantee, and/or adjustment policy offered
by the manufacturer or brand owner of said battery, and in no case
shall make or extend any warranty, guarantee, adjustment or allow-
ance on batteries beyond the terms of the standard guarantee and
adjustment policy of the Electric Storage and Wet Primary Battery
Industry, as provided in the Code of Fair Competition for said
Industry (approved October 3, 1933); nor shall any Member adver-
tise or use or permit to be advertised or used, such terms as uncon-
ditional guarantee when conditions are in fact imposed on the
replacement or exchange of any battery; nor shall any Member adver-
tise, describe, or refer to an adjustment policy as a warranty or
guarantee on batteries.







524


SECTION 32. No Member of the Trade shall offer or render rental
battery service or battery recharging without reasonable com-
pensation.
SECTION 33. No Member shall render service of any character, away
from such Member's premises other than in connection with the
delivery of new products of the Trade, without reasonable
compensation.
ARTICLE VIII
A. COMPLAINTS AND APPEAL
SECTION 1. Any interested party shall have the right of com-
plaint to the Code Authority or its duly constituted agencies and
prompt hearing and decision thereon in respect to any matter aris-
ing under this Code. Such complaint must be communicated, and
promptly confirmed by telegraph or in writing, to the Code Author-
ity, or its duly constituted agencies within a reasonable period of
time after the complaint arises.
SECTION 2. Any interested party shall have the right of appeal to
the Administrator under such fair procedure as the Administrator
shall prescribe in respect to any decision, rule, regulation, order,
finding, or omission to act, of the Code Authority.

ARTICLE IX
A. 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 sub-section (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regula-
tion issued under said Act.
SECTION 2. This Code, except as to provisions required by the
Act, may be amended or modified on the basis of experience or
changes in circumstances. The Code Authority may recommend any
amendment or modification to the Administrator and upon approval
thereof by the Administrator, after such notice and hearing as he
may prescribe, the same shall become binding as a part of this Code.

ARTICLE X
A. MONOPOLIES
SECTION 1. No provision of this Code shall be so construed or
applied to permit monopolies or monopolistic practices or to elim-
inate, oppress, or discriminate against small enterprises.

ARTICLE XI
A. EFFECTIVE DATE AND TERMINATION
SECTION 1. This Code shall become effective on May 14, 1934,
except. as may be otherwise stated in the Executive Order approving
the same, provided, however, that if prior to said date the Adminis-
trator on his own initiative determines that an emergency due to






525


destructive price-cutt.ing, as stated in Article VI, Se(ction 4, of this
Code, exists in the Trade, the Administrator may thereupon cause
to be determined the lowest reasonable cost as set forth in said
Section 4 of Article VI and such determination may thereupon be
announced to the Members of the Trade in such manner as the
Administrator shall direct but shall not become binding upon such
Members until the aforesaid effective date. This Code shall con-
tinue in effect until June 16, 1935, or until such time prior thereto
when the President. shall, by proclamation, or the Congress shall,
by joint resolution declare that the emergency rece-gnized by Section
1 of the Act has ended. Provided, however, that Section 4 of
Article VI of this Code shall cease to have effect on October 1, 1934
unless prior to said date the Code Authority shall have recomnu(ended
continuance thereof and the Administrator shall have approved such
recommendation. In connection with any such recommendation, the
Code Authority shall submit data to support the same.
ARTICLE XII

A. SUPPLEMENTS

SECTION 1. Codes for the Wholesale Rubber Tire and Battery
Trade, the Tire Rebuilding and Retreading Industry or Trade, and
such other groups, industries or trades associated with this Trade,
may be filed with the consent of the Code Authority and the Admin-
istrator, as supplements to this Code, and upon due approval thereof,
shall be operative as a part hereof, under such conditions as the
Administrator may prescribe.

ARTICLE XIII

A. COORDINATION

SECTION 1. The Code Authority shall, in cooperation with the
Code Authorities of the Rubber Tire Manufacturing Industry and
the Electric Storage and Wet Primary Battery Industry, submit
recommendations to the Administrator for the establishment of joint
committees for the coordination of the Code for this Trade with that
of the Rubber Tire Manufacturing Industry and the Electric Storage
and Wet Primary Battery Industry, with a view to joint consider-
ation and proper determination of any common problems which
relate to the distribution of products of the Trade.
Approved Code No. 410.
Registry No. 807-18.




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