Code of fair competition for the printing ink manufacturing industry as approved on March 16, 1934

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Material Information

Title:
Code of fair competition for the printing ink manufacturing industry as approved on March 16, 1934
Portion of title:
Printing ink manufacturing industry
Physical Description:
p. 127-139 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Ink 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. 614-1-01."
General Note:
"Approved Code No. 339."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938370
oclc - 63654778
System ID:
AA00008047:00001

Full Text
'S


Approved Code No. 339


Registry No. 614-1-01


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


PRINTING INK

MANUFACTURING INDUSTRY


AS APPROVED ON MARCH 16, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


if Maet.by the Superintendent of Documents, Washington, D.C. Price 5 cents




























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 O'.ive Building.
Birmingham, Ala.: 257 Federal Building.
Btasti'n, Mass.: 1801 Custoinhiuse.
Bulo't',li, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Clhicago. Ill.: Suite 1704j, 201 North W'ells Street.
Cleveland, Ohio.: Chamber of Commerce.
Dallas. Tex.: Chambner of Commerce Buildin2.
Detroit. Mich. : s501 First National Bank Building.
H-'uston. Tex.: I'lhamber of Commerce Buildin-.
Indianaplilis, Ind.: Chamber of Commerce Building.
Jackionville, 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.: 4006 Eat Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh. Pa.: Chamber of Commerce Building.
Portland. Oreg.: 215 New Post Office Building.
St. .Louis. Mo.: 50u Olive Street.
San Franriscn, Calif.: 310 Customhoue.
Seattle, Wash.: 809 Federal Office Building.














Approved Code No. 339


CODE OF FAIR COMPETITION
FOR THE

PRINTING INK MANUFACTURING INDUSTRY

As Approved on March 16, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE PRINTING INK
MA. N UFACTURING INDUSTRY
Al application havirig 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 Printing Ink Manufacturing Industry, and
hearings having been duly held thereon and the annexed report on
said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW. THEREFORE, on behalf of the President of the United
States, I, Hugh S. John.son, 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.
HUGH S. JOHNSON,
Adm inistrator for Industrial Recovery.
Approval reconlnended:
GEo. L. BERRY.
Division Adm inistrator.
WASHINGTON, D.C.,
March 16, 1934.
46828-425-90----34 (127)











REPORT TO THE PRESIDENT


The PRESIDENT,
The White Houwe.
SIR: This is a report of the hearing on the Code of Fair Competi-
tion for the Printing Ink Manufacturing Industry, conducted in
Washington on January 15, 1934, in accordance with the provisions
of Title I of the National Industrial Recovery Act.

LABOR PROVISIONS

The Code provides that no employee shall be permitted t.o work in
excess of forty hours per week over any thirteen weeks' period nor
more than forty-eight hours in any one week and further that any
factory employee who works in excess of forty hours per week or
ten hours per day shall be paid time and one-third for such overtime.
From the above provisions there are excepted employees engaged
in a managerial, supervisory, executive, or technical service capacity,
color matchers, accounting staff and those engaged on maintenance
repair work who are paid not less than thirty-five dollars per week.
Also excepted are employees in automotive or horse-drawn delivery
service who are not permitted to work in excess of an average of
forty-eight hours per week in any four weeks' period, providing over-
time at the rate of time and one-third is paid for hours in excess of
forty-eight hours per week or ten hours per day; and watchmen who
may be employed not more than fifty-six hours per week and shall
have one full day off in each two weeks.
The Code provides minimum wages of forty cents per hour, except
for clerical employees, not including outside salesmen, who shall be
paid not less than fifteen dollars per week. From the above mini-
mum wage provisions there are excepted errand boys, office boys and
office girls and janitors in the Southern part of the United States
who shall be paid not less than twelve dollars per week.
Applying to wages above the minimum, the code provides as
follows in Section 4 of Article IV:
"No member of the Industry shall reduce the compensation for
employment which on July 1, 1933 was in excess of the minimum
wages provided herein, notwithstanding that the hours worked in
such employment may be reduced by the provision of Article III
hereof, and the members of the Industry shall increase the pay for
such employment by an equitable readjustment of all pay schedules.
The term "compensation for employment" as used herein refers
to complen-ation per week where weekly rates were in effect on
July 1, 1933, and average normal aggregate compensation per week
where hourly rates were in effect on July 1, 1933."

INDUSTRIAL LA BuII BOARD

Provision is made for the establishment of an Industrial Labor
Board, to receive and handle all matters relating to wage rates, hours
(128)







129


of employment and such other matters as have to do with the rela-
tionship as between employers and employees of this Industry.

OTHER PROVISIONS

No specific trade practice provisions have been included in the
Code at this time. It is provided, however, that as soon as prac-
tical after the approval of the Code and in no event later than ninety
days after the organization meeting, the Administrative Committee
shall recommend to the Administrator for approval, after consid-
eration by the Industry, a plan or plans for national credit control
for the Industry and fair trade practice provisions to govern the
members of the Industry for the purpose of eliminating price cut-
ting practices and measures for industrial planning.

ECONOMIC EFFECT OF THE CODE

In this Industry there are 163 companies which have a total in-
vested capital of approximately $30,000,000. Twenty companies do
85% of the total volume of business which was approximately
$28,000,000 in 1932 as compared with $40,000,000 in 1929.
Eighty-four companies are members of the Association which
presented the Code for public hearing and 138 companies assented
to the Code as submitted.
The large proportion of widely distributed small establishments
and the existence of productive capacity which is about double the
annual sales, indicates the general and active competition for avail-
able business. As indicated in the report of the Division of Eco-
nomic Research and Planning, the business is highly organized on a
_ service basis, both as regards the necessity of giving immediate at-
tention to rush orders and technical assistance in solving printing
production problems. Competition on the basis of service, it is fur-
ther stated, may seem to have been carried to an unnecessarily high
degree, but in this connection the Printing Ink Industry faces po-
tential and actual competition from the private ink plants of large
Conslimiers.
The Census of Manufacturers indicates that in 1929, out of a total
of 3597 persons employed in the Industry, 2448 were wage earners.
The number of wage earners decreased in 1931 to 2247.
Questionnaire returns from 74 identical establishments showed a
decrease of 190 in the number of factory wage earners from 1929
through the first half of 1933. It is estimated that compliance with
the President's Reemployment Agreement caused an increase of
about 10% in employment during the late months of 1933. This
report states that the code provisions for an average working week
of forty hours should, on the basis of hours worked prior to the
President's Reemployment Agreement, increase factory employment
about one-sixth above that in mid-1933 or to practically the 1929
figures.
The proportion of unskilled labor is small in this Industry. The
Code provision of forty cents per hour affects about 15% of the
wage earners. In accordance with the provision in Article IV, Sec-
tion 4, employees receiving wages above the minimum will receive no







130

cut in earnings although the working hours may be decreased. Inas-
much as weekly earnings were generally not decreased more than
15% between 1929 and July 1933, and since earnings above the mini-
mum may not be decreased, both average weekly earnings and pay-
rolls should be increased through the operation of the code
provisions. It is estimated in the report of the Division of Eco-
nomic Research and Planning that the increase in payrolls will be
about 15%.
FINDINGS
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 interstate and foreign
coimmlerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50.000 em-
ployees; and is not classified by me as a major industry.
(c) The code as approved complies in all respects with the perti-
nent provisions of said Title I of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associ-
ation is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The code is not designed to and will not permit monopolies or
monopolistic practices.
(e) The code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said code.
For these reasons this code has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
MARCH 16, 1934.














CODE OF FAIR COMPETITION FOR THE PRINTING INK
MANUFACTURING INDUSTRY

ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial Recovery
Act, this Code is established as a Code of Fair Competition for thle
Printing Ink Manufacturing Industry, and upon approval by the
President its provisions shall be the standards of fair competition for
such industry and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS
SECTION 1. The term the industry as used herein includes the
business of manufacturing and/or processing, for sale, any and all
kinds of printing inks and such similar products for use in printing
as defined in Section 2 hereof.
SECTION 2. The term printing ink means and includes any com-
bination of dyes and or pigments with a vehicle or vehicles and/or
with or without any other ingredient or ingredients, manufactured
and or processed, for sale, for the purpose of typographic printing,
intaglio printing, or lithographic printing, and any other products,
such as comnpound.-, vehicles, etc., manufactured and/or processed,
for a like purpose.
SECTION 3. The term the National Association means the Na-
tional Association of Printing Ink Makers, Incorporated, a corpora-
tion incorporated under the laws of the State of New York.
SECTION 4. The term 'Administrative Committee" means the body
constituted to administer the provisions of the Code pursuant to
Article VI of the Code.
SEXTION 5. The term member of the Industry" includes, but
without limitation, any individual, partnership, association, corpo-
ration or other form of enterprise engaged in the Industry, either as
an employer or on his or its own behalf.
SECTION 6. The term employee as used herein includes any and
all persons engaged in the Industry, however compensated.
SECTION. 7. The terms "the President ", "Act", and "Adminis-
trator 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. 8. The term "the United States" means and includes
all of the territory of the United States of America to which the
National Industrial Recovery Act is applicable. The term "the
Southern part of the United States" means and includes the States
of Virginia, Tennessee, Arkansas, Oklahoma, New Mexico, and
Arizona, and all States which in their entirety lie south of said
States, and the territories and possessions of the United States; and
(131)







132

the term the Northern part of the United States means and in-
cludes all of the remaining territory of continental United States.
ARTICLE III-HouRS

MAXIMUM HOURS

SECTION 1. Except as herein otherwise provided, no employee
shall be permitted to work in excess of 40 hours per week averaged
over any 13 weeks' period nor more than 48 hours in any one week
beginning with the effective date of the Code. Any factory employee
#who works in excess of 40 hours per week or 10 hours per day shall
be paid at the rate of time and one-third for such overtime. A
normal work day shall be 8 hours but overtime rate shall be paid
after 10 hours of employment in any one (lay.
SECTION 2. Exemption as to Hours. From the provisions of Sec-
tion 1 the following classes shall be exempted:
(a) Employees engaged in a managerial, supervisory, executive or
technical service capacity, chemists or color matches and account-
ing staff, provided the compensation of said employees is not less
than $35 per week and outside salesmen.
(b) Employees engaged on maintenance and repair work who are
employed on a weekly basis and who receive not less than $35 per
week.
(c) Employees on automotive or horse-drawn, passenger, express,
delivery or freight service shall not be permitted to work in excess
of an average of forty-eight (48) hours in any four (4) week's pe-
riod, provided, that overtime shall be paid at the rate of time and
one-third for all hours above forty-eight (48) per week or ten (10)
per day.
(d) Watchmen who may be employed not more than 56 hours
per week and they shall have one full day off in each two weeks.
SECTION 3. Employment by Several Employers. 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 Industry, exceeds the maximum permitted herein.

ARTICLE IV-WAGES

SECTION 1. Minlluilul m Wages.-No employee shall be paid in any
pay period less than at the rate of forty cents per hour, except as
hereinafter provided:
(a) Clerical employees, not including outside salesmen, shall be
paid not less than $15 per week;
(b) Errand boys, office boys and office girls, and janitors in the
Southern part of the United States, shall not be paid less than $12
per week.
SECTION 2. Handicapped Person.s.-A person whose earning capac-
ity is limited because of age or physical or mental handicap may be
employed on light work at a wage below the minimum established
by this Code if the employer obtains from the State authority desig-
nated by the United States Department of Labor a certificate au-
thorizing his employment at such wages and for such hours as shall







133


be stated in the certificate. Each employer shall file with the Admin-
istrative Committee a list of all such persons employed by him.
SECTION 3. Piecework Compen.sation.-This article establishes a
minimum rate of pay which shall apply, irrespective of whether an
employee is actually compensated on a time rate, piece-work, or other
basis.
SECTION 4. WLages Above the Min;m.um..-No member of the In-
dustry shall reduce the compensation for employment which on
July 1, 1933, was in excess of the minimum wages provided herein,
notwithstanding that the hours worked in such employment may
be reduced by the provision of Article III hereof, and the members
of the Industry shall increase the pay for such employment by an
equitable readjustment of all pay schedules. The term "compensa-
tion for employment" as used herein refers to compensation per
week where weekly rates were in effect on July 1, 1933, and average
normal aggregate compensation per week where hourly rates were
in effect on July 1, 1933.

ARTICLE V-GENERAL LABOR PROVISIONS

SECTION 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are haz-
ardous in nature or dangerous to health. The Administrative Com-
mittee shall submit to the Administrator within two months after
the effective date of the Code a list of such operations or o:cupa-
tions. In any State an employer shall be deemed to have c(,mplied
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 showing that the
employee is of the required age.
SECTION 2. In compliance with Section 7 (a) of the Act, it is
provided:
(a) That, employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a Inbor organi-
zation of his own choosing, and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SECTION 3. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge, for the
purpose of defeating the purposes or provisions of the Act or of
this Code.
SECTION 4. Every employer shall make reasonable provision for
the safety and health of his employees at the place and during the
hours of their employment.







134


SECION 5. No provision in this Code shall supersede any State or
Federal law which imposes on employers more stringent require-
ments 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 6. All employers shall post complete copies of this Code
in conspicuous places accessible to employees.

ARTICLE VI-INDUSTRIAL LABOR BOARD

There shall be established within 30 days following approval of
this Code, an Industrial Labor Board, to be known as the Industrial
Labor Board for the Printing Ink Manufacturing Industry. This
Board shall be made up of 3 members of the Industry to be selected
by the Administrative Committee of the Industry, and 3 members
representing Labor and selected by the Labor Advisory Board of
the National Recovery Administration, to be approved by the Ad-
ministrator, and one disinterested person to be selected by these six
members, and approved by the Administrator who shall act as
Chairman of said Board. To this Board shall be submitted all
matters with relation to wage rates, hours of employment and such
other matters as have to do with the relationship as between em-
ployers and employees of this Industry.

ARTICLE VII-ADMINISTRATION AND POWERS OF THE ADMINISTRATIVE
COMMITTEE

SECTION 1. The administration of the Code shall be under the
direction of the Administrative Committee. Said Administrative
Committee shall be composed as follows:
(a) The President of the National Association.
b) Each member of the Industry whose dollar sales aggregate
three million dollars or over for the calendar year next, preceding
the date of election shall be entitled to appoint one member on the
Administrative Committee.
(c) From among and by those members of the Industry whose
dollar sales aggregate one-half million dollars or more and less than
three million dollars for the calendar year next preceding the date
of election, two members of the Admiinistrative Committee shall be
elected as hereinafter provided.
(d) From among and by those members of the Industry, not
included in subdivisions (b) and (c) set forth above, whose prin-
cipal places of business are located in the regions hereinbelow de-
scribed, there shall be elected a. hereinafter provided, one member
of said Administrative Committee for each of said regions.
(e) In addition to membership as above provided, there may be
one member, without vote and without expense to the Industry,
to be appointed by the Administrator.
Each member of the Administrative Committee shall represent
on the Administrative Committee the interest or group or region
by which he was elected or appointed.
For the purposes hereof, the regions referred to in subdivision (d)
above are as follows:







135


(1) Ch:icago Regqon..-Includes all of the States of Wisconsin,
Minnesota, North Dakota, South Dakota, Nebraska, Iowa, and Wyo-
ming; that portion of the State of Montana which lies east of the
Rocky Mountains and that part of the State of Illinois which is
north of the Cities of Springfield and Decatur, including such cities;
(2) Cincin.nati Region..-Includes that part of the State of Ohio
south of and including the City of Newark; that part of the State
of Indiana south of the City of Terre Haute, but not including said
city; all of the States of Kentucky, West Virginia, Tennessee, Mis-
sissippi, Alabama, Georgia, and Florida;
(3) Detroit Region.-Includes all of the State of Michigan; that
part of the State of Indiana north of and including the City of Terre
Haute; that part of the State of Ohio north of but not including the
City of Newark; that part of the State of Pennsylvania west of and
including the Cities of Oil City and Duquesne; that part of the State
of New York west of the Cities of Olean and Rochester, but not
including those cities;
(4) New York Region.-Includes all of the New England States
and that part of the State of New York east of and including the
Cities of Olean and Rochester, and that part of the State of New
Jersey north of and including the City of Trenton;
(5) Padcic Coast Regioon.-Includes all of the States of Washing-
ton, Oregon, Idaho, California, Nevada, Utah, and Arizona; and
that portion of the State of Montana. which lies to the west of the
Rocky Mountains;
(6) Philadelphia Reglon.-Includes that part of the State of
Pennsylvania east of the Cities of Oil City and Duquesne, but not
including those cities; that part of the State of New Jersey south of
the City of Trenton, but not including said city; and all of the
States of Delaware, Maryland, Virginia, North Carolina, and South
Carolina;
(7) St. Louis Region..-Includes that part of the State of Illinois
south of the Cities of Springfield and Decatur, but not including
those cities; and all of the States of Colorado, Kansas, Missouri,
Oklahoma, Arkansas, Texas, Louisiana, and New Mexico.
SECTION 2 (a) Upon election, as hereinafter provided, to member-
ship on the Administrative Committee, each member of the Admin-
istrative Committee shall within ten (10) days designate and place
on file with the Secretary of the Administrative Committee the
name of a particular person from his group or region as alternate,
who shall act for said member on said Committee in his absence.
(b) No member of the Industry shall have more than one member
on said Administrative Committee or more than one vote for each
member of the Administrative Committee for which such member of
the industry is entitled to vote.
(c) The tenure of office of members of the Administrative Com-
mittee shall be one year from the date of election or until their sue-
cessors have duly qualified in accordance with the provisions of this
article; provided, however, that the first elected Administrative
Committee shall serve until May, 1935. Elections, after the first
election, shall be held annually on the first Tuesday of May of each
year commencing in 1935.







136


(d) The Administrative Committee shall act only at a meeting
thereof, and the attenidlnce of eight members in person or by alter-
nate and not by other proxy shall be required to constitute a quorum.
Except as may otherwise be provided, no action of the Committee
shall be effective unless authorized by the vote of at least two-thirds
of the entire authorized membership of the Committee. At any
duly constituted meeting any member of the Administrative Com-
mittee may vote or act by proxy given in writing to another member
of the Administrative Committee. The vote or act of such proxy
shall be as effective as the vote or act of the member appointing such
proxy. Subject to the express provisions of the Code, the Adminis-
trative Committee shall have the power to adopt its own rules of
procedure and to prescribe the duties of its officers and others elected
or appointed by the Committee.
(e) Any vacancy or vacancies in the membership of the Admin-
istrative Committee shall be filled in the same manner and by the
same interest, group, or region as is herein provided for the original
filling of such membership.
(f) The Administrative Committee may from time to time elect
from its own membership a Chairmiran and Vice Chairman and may
appoint one or more individuals, who need not be members of the
Administrative Committee, to act as Secretary and or Treasurer
of the Administrative Committee. All such officers named herein
or from time to time elected or appointed by the Administrative
Committee as herein provided shall serve during the pleasure of the
Administrative Committee.
(g) The Chairman, Vice Chairman. Treasurer, and the members
of the Administrative Committee shall serve without compensation,
but each of such officers and each member of the Administrative
Committee shall be entitled from time to time to be reimbursed from
funds collected in accordance with Section 8 of this Article VII for
all reasonable expenses incurred by him in fulfilling his duties as an
officer or member of the Administrative Committee. The Admin-
istrative Committee shall have the power to fix the compensation
of the Secretary of the Committee.
SECTION 3. Nominations, elections, and appointments for members
of the Adminisi-trative Committee described in Section 1 above shall
be effected, subject to the approval of the Administrator, as follows:
(a) Appointments shall be made in writing by registered mail ad-
dressed to the Secretary of the Administrative Committee and
mailed not later than midnight of the election date.
(b) Immediately upon the approval of the Code by the President
the Secretary of the National Association shall notify every member
of the Industry known to him that the Code is in effect, and shall
call region and group meetings for the purpose of making nomina-
tions for membership on the Administrative Committee and desig-
nate a person in each such group or region to act as Secretary of such
meeting. Immediately after the holding of said meeting the Sec-
retary of each meeting shall notify the Secretary of the National
Association of the person or persons so nominated, and as soon as all
such nominations have been received by the Secretary of the National
Association he shall fix a date for the first election of members of
the Administrative Committee (which shall not be less than 10 nor







137


more than 40 days thereafter), and shall notify every member of
the Industry known to him thereof, and shall also notify every mem-
ber of the Industry known to him to be entitled to vote thereon, as
provided in this Article, of such nominations. The first election for
membership on the Administrative Committee shall then be con-
ducted in the same manner as is hereinafter provided for subse-
quent elections. For the purpose of this first election only, each
member of the Industry shall certify in writing to the Secretary
of the National Association, on his request, the election group and/or
region to which such member belongs.
(c) For the purpose of all subsequent elections, at least twenty days
prior to the election date the Administrative Committee shall duly
make nominations of candidates to be elected by the respective groups
described in subdivisions (c) and (d) of Section 1 hereof, and in
the latter case by regions, which nominations the Secretary of the
Administrative Committee shall send to every member of the Indus-
try entitled to vote thereon. In the event that the Administrative
Committee fails to make such nominations, the Secretary of the
Ad ministrative Committee shall notify every member of the Industry
to that effect at least fifteen days before the election date. Nomina-
tions shall not be restricted to those made by the Administrative
Committee, and any member of the Industry entitled to vote may
nominate and vote for any candidate of his own choosing, within
his proper group or region, provided said nomination shall be filed
with the Secretary of the Administrative Committee at least ten days
prior to the date of election with the written endorsement of at least
twenty percent of the members of the Industry, included in the group
and 'or region for which such nomination is made.
(d) For the purpose of all elections, voting shall be by registered
mail, addressed to the Secretary of the Administrative Committee
(or in the case of the first election, to the Secretary of the National
Association), on a form bf ballot prepared by either the Administra-
tive Committee or the voter. All ballots to be counted must be mailed
not later than midnight of the election date to the office of the Secre-
tary. Every candidate receiving a plurality of all votes recorded
from his group and/or region shall be deemed to have been elected.
Within ten days after the election date the Secretary of the Adminis-
trative Committee (or in the case of the first election the Secretary
of the National Association) shall, by mail, inform every member of
the Industry of the names of the persons appointed and elected to
membership on the Administrative Committee, and the Administra-
tive Committee shall meet for organization purposes upon the call
of said Secretary within two weeks thereafter.
SECTIox 4. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Administra-
tive Committee shall (1) impose no inequitable restrictions on
membership, and (2) submit to the Administrator true copies of its
articles of association, 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 effectuate the purposes of the Act.
SECTION 5. In order that the Administrative Committee shall at
all times be truly representative of the Industry and in other respects







138


comply with the provisions of the Code, the Administrator may pre-
scribe such hearings as he may deem proper; and thereafter if he
shall find that the Administrative Committee is not truly representa-
tive, or does not in its By-Laws, Rules and Regulations or in other
respects comply with the provisions of the Act and of this Code,
may require an appropriate modification in the method of selection
and composition of the Administrative Committee, or in its By-Laws,
Rules or Regulations.
SECTION 6. Members of the Industry shall be entitled to partici-
pate in and share the benefits of the activities of the Administrative
Committee and to participate in the selection of the members thereof
by assenting to and complying with the requirements of this Code.

POWERS AND DUTIES

The Administrative Committee shall have the power to promul-
gate for the Industry such rules and regulations as may be proper
to effectuate the purposes of the Act and the provisions of the Code
including the following:
SECTION 7. From time to time to appoint and remove all agents
and fix their compensation as the Administrative Committee s-hall
deem necessary or proper for the purpose of administering tle Code.
SECTION 8. To levy and collect from each member of the Industry
an equitable and proportionate payment of the reasonable expenses
of maintaining the Administrative Committee and its activities and
to defray all reasonable expenses arising out of the preparation and
administration of the Code. Such reasonable share of the expenses of
administration shall be determined by the Administrative Commit-
tee, subject to review by the Administrator, on the basis of volume
of business and/or such other factors as may be deemed equitable.
SECTION 9. To obtain from members of the Industry such informa-
tion and reports as are required for the administration of the Code
and to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submitted by members to such Federal and State agencies
as the Administrator may designate; nor shall anything in the Code
relieve any person of any existing obligations to furnish reports to
Government agencies. No information of a confidential nature shall
be disseminated by any Federal or State agencies individually to the
Industry or to the public unless in combination with other like
data so as not to disclose individual company data.
SECTION 10. To make recommendations to the Administrator for
the coordination of the administration of this Code with such other
codes, if any, as niay be related to the industry or affect members
of this Industry.
SECTION 11. To recommend to the Administrator, after consid-
eration by the Industry, as soon as practicable after the approval of
the Code and in no event later than 90 days after the organization
meeting, a plan or plans for national'credit control for the industry
and fair trade practice provisions to govern the members of the
Industry for the purpose of eliminating destructive price cutting
practices and measures for industrial planning, provided that no







139


such recommendations will be submitted to the Admini'strator for
his approval if objected to by the numerical majority of each of
any two of the groups b, c, and d, described in Section 1 of this
Article.
SECTION 12. If the Administrator shall determine that any action
of the Administrative Committee or any agency thereof may be
unfair or unjust or contrary to the public interest, the Adminis-
trator may require that such action be suspended to afford an oppor-
tunity for investigation of the merits of such action and further
consideration by such Administrative Conunittee or agency pending
final action which shall not be effective unless the Administrator
approves or unless he shall fail to disapprove after thirty days'
notice to him of intention to proceed with such action in its original
or modified form.

ARTICLE VIII-AMENDMENTS

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 Title I of the National
Industrial Recovery Act, from time to time to cancel or modify any
order, approval, license, rule, or regulation issued under said Act.
SECTION 2. This Code. except as to provisions required by the
National Indu.trial Recovery Act, may be amended on the basis of
experience or changes in circumstances, such amendments to be based
upon application to the Administrator and such notice and hearing
as he shall specify, and to become effective on approval of the Presi-
dent, but no proposed amendments shall be submitted by the Admin-
istrative Committee to the Administrator for his approval if ob-
jected. to in writing by a numerical majority of each of any two
of the groups b. c, and d, described in Section 1 of Article VII hereof,
after submission to the Industry.
ARTICLE IX-EFFECTIVE DATE

This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 339.
Registry No. 611--1)1.




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