Code of fair competition for the picture moulding and picture frame industry as approved on January 16, 1934

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Material Information

Title:
Code of fair competition for the picture moulding and picture frame industry as approved on January 16, 1934
Portion of title:
Picture moulding and picture frame industry
Physical Description:
p. 175-190 : ; 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:
Picture frame industry -- United States   ( lcsh )
Genre:
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. 1122-09."
General Note:
"Approved Code No. 208."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938194
oclc - 63655241
System ID:
AA00008077:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION


;* FOR THE
' ,':'. i: .: "

:PICTURE MOULDING AND

PICTURE FRAME INDUSTRY


AS APPROVED ON JANUARY 16, 1934


WE 00 OUR PART


I'I


UNITED STATES.
GOVERNMENT PRINTING OFFICl'
WASHINGTON: 1934


id : ln by the Superintendent of Documents. Washington, D.C. - Price 5 cent
p.6;, .


_






S .. ... .. .
















This publication is for sale by the Superintendent of Documents, Governlment
Printing Office, Washington, D.C., and by district offces 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.: 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 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 Office Building.
(I)










I\






*h. :. .










Approved Code No. 208


CODE OF FAIR COMPETITION
FOR THE

PICTURE MOULDING AND PICTURE FRAME
INDUSTRY

As Approved on January 16, 1934





ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE

PICTURE MOULDING AND PICTURE FRAME
INDUSTRY

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Picture Moulding and Picture Frame In-
dustry, 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. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, 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 pur-
poses 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,
Administrator for Industrial Recovery.
Approval recommended:
MALCOLM MUm,
Division Administrator.
WASHINGTON, D.C.,
January 16, 1934.
30481--313-9--34 (175)













The PRESIDENT,
The White House.
Sm: This is a report on the Code of Fair Competition for the
Picture Moulding and Picture Frame Industry in the United States,
as revised after a hearing conducted in Washington on November 24,
1933, in accordance with the provisions of the National Industrial
Recovery Act.
PROVISIONS FOR HOURS AND WAGES

The maximum hours of labor provided in this Code are 40 hours
per week with the following exceptions: Executive and Supervisors
receiving $35 or more per week do not have any limitation of hours.
Watchmen are not permitted to work more than 56 hours, nor more
than 6 days, in any one week. Cleaners, mechanics, engineers, fire-
men, outside crews and outside delivery men, not to exceed ten per-
cent of the employees of any one plant, are allowed a tolerance of 8
hours per week and are to be compensated at one and one third their
normal rate of pay for hours worked in excess of 40 hours in any
week. Emergency repair and maintenance work is unrestricted but
also shall be compensated at one and one third the normal rate of
pay for hours worked in excess of 40 hours in any one week or in
excess of 8 hours in any one day. As the industry is largely a manu-
facture-on-order industry, an 8-hour tolerance per week is allowed on
hours, providing the weekly average in each 4-week period does not
exceed 40 hours. Hours in addition to the 40-hour average (but not
exceeding 48 hours in any one week) are allowed during the peak
season, if employees are compensated at the rate of one and one third
times their normal rate of such additional hours worked. Office and
clerical employees are not permitted to work more than 40 hours per
week averaged over any 4-week period nor in excess of 48 hours in
any one week.
The minimum wage rate provided for employees is 321/2 cents per
hour in the North and 10 percent less in the South. Learners, riot
to exceed 5 percent of the employees of any plant and for a period of
one month, and messengers and office girls between 16 and 18 years
of age, also not to exceed 5 percent of the employees, may be com-
pensated at 80 percent of the minimum wage provided. 'Female
workers shall receive the same rate of pay as male workers for sub-
stantially the same work. Handicapped persons may be employed at
suitable work upon certification of the State Authority designated by
the United States Department of Labor. One year from the effective
date of this Code the minimum wage is to be increased to 371/2 cents
per hour unless adq~ua*e reasons for not doing so are presented to
the Administration at a public hearing requested by the Code
Authority for this purpose.
(176)





177


CHILD LABOR

The minimum age limit is 16 years, except in hazardous positions
where the minimum age limit shall be 18 years.
ECONOMIC EFFECT OF THE CODE

From the data available, the representative of the Planning and
Research Division has estimated maximum hour provisions of this
Code would increase employment in this industry approximately
25 percent over that of June 1933; and that the wage provisions
though comparatively low are a substantial increase over those prior
to the President's Reemployment Agreement. An increase in the
minimum wage from 32 cents per hour to 371/2 cents per hour
is provided after this Code has been in effect one year, in the belief
that the industry will then be better able to provide this more
adequate wage for its employees.
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 pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elimi-
nating 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 of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant group
is an industrial group truly representative of the aforesaid Industry;
and that said group 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.






178

(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, this Code has been aoDroved.


Respectfully,


HUGH S. JOHNSON,
Administrator.


WASHINGTON, D.C.,
January 16, 1934.












CODE OF FAIR COMPETITION


FOR THE

PICTURE MOULDING AND PICTURE FRAME INDUSTRY


ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial Recov-
ery Act this Code is submitted as a Code of Fair Competition for the
Picture Moulding and Picture Frame Industry, and upon approval
by the President its provisions shall be the standards of fair compe-
tition for such industry and shall be binding upon every member
thereof.
ARTICLE II-DEFINITONS

SECTION 1. Picture Moulding and Picture Frame Industry.-The
Picture Moulding and Picture Frame Industry, hereinafter termed
" the industry ", means the manufacture and/or sale by the manu-
facturers of picture-frame mouldings, including plain, ornamented,
embossed, carved, or composition, whitened, veneer covered, metal,
finished and unfinished, and all picture frames, including mirror
frames, photo frames, painting frames, advertising frames, metal
frames, picture placques, leather and leatherette frames, both empty
and fitted and irrespective of the materials used in the production
thereof, and wooden trays and art novelties made in picture-frame
factories of similar materials and by similar processes to those used
in the manufacture of picture frames; but excluding custom picture-
framing from finished mouldings made to order for specific pictures
delivered by retail customers for framing to the picture and frame
departments of stores operating under the Code of Fair Competition
for the Retail Trade."
SEC. 2. Division.-The term "Division" of the industry as used
herein shall mean the several branches of the industry which have
been or may hereafter be established by the Code Authority. The
divisions immediately hereby established are as follows:
1. Raw Moulding.
2. Finished Moulding.
3. Empty Picture Frame.
4. Fitted Picture Frame.
5. Metal Moulding and Metal Frame.
SEC. 3. Divisional Agency.-The term Divisional Agency" shall
mean the executive agency of any Division of the industry selected
by members of the Division by methods of selection prescribed by
the Code Authority.
(179)






180


SEC. 4. Members of the Industry.-The term Member of the In-
'dustry includes, but without limitation, any individual or enter-
prise engaged in the industry, either as an employer or on his or
its own behalf.
SEC. 5. Member of Division.-The term Member of the Division"
shall mean any member of the industry as classified in any division
of the industry now or hereafter established.
SEC. 6. Employee.-The term Employee as used herein includes
any and all persons engaged in the industry, except a "member of
the industry ", however compensated.
SEC. 7. Act and Administrator.-The terms "Act" and "Admin-
istrator as used herein shall mean, respectively, Title I of the Na-
tional Industrial Recovery Act, and the Administrator of said Act.
SEC. 8. Population.-Population for the purposes of this Code
shall be determined by reference to the latest Federal Census.
SEC. 9. Association.-The term Association as used herein
means The Picture Moulding and Frame Manufacturers Association,
Incorporated, under the laws of the State of Illinois, not for profit.
ARTICLE III-HOURS

SECTION 1. Mamximum Hours.-No employee shall be permitted to
work in excess of forty (40) hours in any one week or eight (8)
hours in any twenty-four (24) hour period, except as hereinafter
otherwise provided.
EXCEPTIONS

SEC. 2. Executive, Supervisory, or Administrative Employees.-
The maximum hours prescribed in Section 1 of this Article shall not
apply to executive, supervisory, or administrative employees receiv-
ing thirty-five (35) dollars or more in any one week, nor to outside
salesmen, provided, however, that the exemption contained in this
section shall not apply to foremen engaged in machine operations.
SEC. 3. Watchmen.-The maximum hours prescribed in Section
1 of this Article shall not apply to watchmen, provided, however,
that watchmen shall not be permitted to work in excess of fifty-six
(56) hours in any one week nor more than six (6) days in any one
week.
SEC. 4. Outside Deliverymen, Firemen, Mechanics, Engineers,
Cleaners, and Outside Crews.-The maximum hours prescribed in
Section 1 of this Article shall not apply to outside deliverymen, fire-
men, mechanics, engineers, cleaners, and outside crews, provided,
however, that the total number of such employees engaged by any
member of the industry shall not exceed ten percent of the total
number of employees engaged by such member of the industry at
any one time, and provided, further, that such employees shall be
paid not less than one and one third times their normal rate of pay
for all hours worked in excess of forty (40) hours in any one week,
nor shall such employees be permitted to work more than forty-
eight (48) hours in any one week.
SEC. 5. Emergencies.-The maximum hours prescribed in Section 1
of this Article shall not apply to emergency maintenance or emer-
gency repair work, provided, however, that any employees engaged






181

in any such emergency maintenance or emergency repair work, shall
be paid at not less than one and one third times their normal rate of
pay for all hours worked in excess of forty (40) hours in any one
week, or in excess of eight (8) hours in any one day.
SEC. 6. Peak Seasons.-The maximum hours prescribed in Section
1 of this Article shall not apply in case of seasonal or peak opera-
tions, provided, however, that no employee engaged in such opera-
tions shall be permitted to work in excess of forty-eight (48) hours
in any one week or in excess of forty (40) hours per week averaged
over a four (4) consecutive week period except as hereinafter pro-
vided. Employees may be permitted to work in excess of the forty
(40) hour average over a four (4) week period (but not in excess
of forty-eight (48) hours in any one week) provided that employees
shall be paid at least one and one third times their normal wage rate
for all hours worked in any one week in excess of the forty (40)
hour average period provided herein or for hours worked in excess
of eight (8) in any one day.
SEC. 7. Office Employees.'-Clerical and office employees other than
administrative, supervisory, or executive employees exempted pur-
suant to the provisions of Section 2 of this Article, shall not be
permitted to work in excess of forty (40) hours per week averaged
over any four (4) consecutive weeks nor in excess of forty-eight (48)
hours in any one week.
SEC. 8. Dual Employment.-No employer shall knowingly engage
any employee for any time which, when totaled with that already
performed with another employer or employers in this industry,
exceeds the maximum hours prescribed in this Article.
SEC. 9. One Owner in Partnership Exempted.-Where a member
of this industry is a partnership, association, or trust, which con-
sists of more than one person, not more than one individual of such
partnership, association, or trust shall work as an operator in ex-
cess of the maximum hours of labor as hereinbefore provided.

ARTICLE IV-WAGES
SECTION 1. Minimum TWages.-No employee shall be paid in any
pay period less than at the rate of thirty-two and one half (321')
cents per hour, except as herein otherwise provided.
SEC. 2. Increase of Minimum Wage after One Year.-One year
from the effective date of this Code the minimum wage hereunder
shall be increased to thirty-seven and one half (371,) cents, subject
however, to the right of the Code Authority at its election and prior
to said date of effective increased minimum wage to request a hear-
ing before the Administrator to show cause why said increase or any
part thereof should not become effective.
SEc. 3. Wage Differential in South.-The minimum wage in the
States of South Carolina, Georgia, Florida, Alabama, Mississippi,
Louisiana, and Texas, shall be ninety (90) percent of the minimum
wages set forth in Sections 1 and 2 of this Article.
.SEC. 4. Piece Work and Minimum Wage.-This Article establishes
a minimum rate of pay which shall apply irrespective of whether an
employee is actually compensated on a time rate, piecework, or
other basis.
30481--313-9-34--2






182


SEc. 5. Learners.-Persons learning an occupation shall be paid
not less than eighty (80) percent of the minimum wages prescribed
in Section 1 of this Article providing that the number of such
learners shall not exceed five percent of the total number of em-
ployees of any one employer at any time and that the learners shall
not be compensated at less than the minimum rate for a total period
in excess of one month whether employed by one or more employers.
SEC. 6. Office Boys and Messengers.-The minimum rates pre-
scribed in Section 1 of this Article shall not apply to messengers,
office boys, or office girls under the age of eighteen (18) years, pro-
vided, however, that such employees shall be paid not less than
eighty (80) percent of the minimum wage prescribed herein. The
number of such employees shall not exceed five (5) percent of the
total number of employees of any one employer at any one time.
SEC. 7. Adjustment of Wages.-No employee receiving in excess
of the minimum wage rate in June 1933 shall have his rate of wages
decreased below his rate on that date. Wages in excess of the mini-
mum shall be adjusted on a fair and equitable basis, said adjustments
to be reported to the Code Authority and the Administrator for
approval.
SEC. 8. Female Employees.-Female employees performing sub-
stantially the same work as male employees shall receive the same
rates of pay as male employees.
SEC. 9. Handicapped Persons.-A person whose earning capacity
is limited because of age or physical or mental handicap may be em-
ployed 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
authorizing his employment at such wages and for such hours as
shall be stated in the certificate. Each employer shall file with the
Code Authority a list of all such persons employed by him.
SEC. 10. Accounting, Clerical, or Office Employees.-Accounting,
clerical, or office employees shall not be paid less than 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, and not less than $14.50 per week
in any city between 100,000 and 500,000 population or in the immedi-
ate trade area of such city, and not less than $14.00 per week in any
city between 10,000 and 100,000 or in the immediate trade area of
such city, and not less than $12.00 per week in any city under
10,000 population. Population for the purposes of this Code shall
be determined by the 1930 Federal Census.

ARTICLE V-GENERAL LABOR PROVISIONS

SECTION 1. Child Labor Prohibited.-No person under sixteen
(16) years of age shall be employed in the industry. No person
under eighteen (18) years of age shall be employed at operations or
occupations which are hazardous in nature or dangerous to health.
The Code Authority shall submit to the Administrator before Janu-
ary 31, 1934, a list of such operations or occupations. In any State
an employer shall be deemed to have complied with this provision






183


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.
Sc. 2. Employees' Right to Organize.-In compliance with Sec-
tion 7 (a) of the Act, it is provided that:
(a) Employees shall have the right to organize and bargain collec-
tively, 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) No employee and no one seeking employment shall be re-
quired 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; and
(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment approved
or prescribed by the President.
SSEc. 3. State Laws Prevail Wlheree r Stringent Than Code.-
No. provision in this Code shall supersede any State or Federal law
which imposes on employers more stringent requirements as to age of
employees, wages, hours of work, or as to safety, health, sanitary or
general working conditions, or insurance, or fire protection than are
imposed by this Code.
SEC. 4. Posting Code.-All employers shall post complete copies
of this Code in conspicuous places accessible to employees.
.SEc. 5. Reclassifying Employees.-No employer shall reclassify
employees or duties of occupations performed for the purpose of
defeating the purpose or provisions of the Act or of this Code.
SEc. 6. Safety and Health.-Every employer shall make reason-
able provision for the safety and health of his employees at the
place and during the hours of their employment. Standards for
safety and health shall be submitted by the Code Authority to the
Administrator for approval within six months after the effective
date of this Code.
,SE. 7. Contracted Work.-No employer shall avoid or evade the
labor provisions of this Code by contracting his work to any person
subject to labor regulations less stringent than those provided in this
Code.
SEC. 8. Prohibited Home Work.-No member of the industry shall
permit any work in the industry to be performed in the home of any
worker.
SEC. 9. Payment of Wages.-An employer shall make payment of
all wages due in lawful currency, or by negotiable check therefore pay-
ment on demand. These wages shall be exempt from any payments
for premiums, insurance, or sick benefits other than those voluntarily
paid by the wage earners, or required by State laws. All employ-
ment agreements shall require that wages be paid at least at the end
of every two weeks' period, salaries at least at the end of every month,
and that no employer shall withhold wages due any employee.





184

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

SECTION 1. Code Authority.-A Code Authority is hereby consti-
tuted to cooperate with the Administrator in the administration of
this Code.
SEC. 2. How Com.posed.-The Code Authority shall consist of not
less than ten (10) members of the industry complying with the pro-
visions of Section 8 of this Article, to be selected as follows: Ten (10)
members of the Code Authority may be selected by the members of
the Association, not more than two (2) being selected by each of the
five (5) Divisions by the members thereof. Not less than one (1)
member of the Code Authority shall be a nonmember of the Asso-
ciation, if there be any such members of the industry and shall be
selected by such nonmembers, complying with the provisions of
Section 8 of this Article, by personal vote or by proxy at an election
conducted by the Association.
SEC. 3. Provisions for Altermnes.-Each Division may select an
alternate for each of its members of the Code Authority. Should
any matter come before the Authority which specifically involves
acts, conduct, or the interests of a company with which any member
of the Code Authority is associated or employed, such member shall
be disqualified to act in such matter and a designated alternate may
act in such disqualified member's place.
SEC. 4. Trade Association Shall Conduct Election.-The Asso-
ciation is hereby designated as the agency to conduct an election of
the members of the Code Authority within twenty (20) days after
the effective date of this Code, and any other elections of members
of the Code Authority which may thereafter be held. Members of
the Code Authority shall be elected to serve for a term of one (1)
year or until their successors are elected at the next annual meeting
of the industry. In the event of any vacancy in the membership of
the Code Authority, a special meeting of the members of the indus-
try for an election to fill the incomplete terms of such members shall
be called. Notice of each election shall be sent to all members of the
industry at least ten (10) days in advance of such election, and vot-
ing at such election may be by person, by proxy, or by letter ballot.
SEC. 5. Members Appointed by the Administrator.-In addition to
membership as above provided, there may be three (3) members,
without vote, to be appointed by the Administrator, to serve for
terms of from six (6) to twelve (12) months from the date of ap-
pointment as the Administrator may designate. Such members shall
be given notice of and may sit at all meetings of the Code Authority.
SEC. 6. Trade Association Regulations.-Each trade or industrial
association or Division directly or indirectly participating in the se-
lection or activities of the Code Authority shall (1) impose no. ip-
equitable restrictions on membership, and (2) submit to the Adminis-
trator true copies of its articles of association, bylaws, 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 effect the purposes of the Act.
SEC. 7. Code Authority Must be Representative.-In order that the
Code Authority shall at all times be truly representative of the in-






185


dustry anrd 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
in the method of selection of the Code Authority.
SEC. 8. Expenses of Code Authority.-Members of the industry
shall be entitled to participate in and share the benefits of the
activities of the Code Authority and to participate in the selection
of the members thereof by assenting to and complying with the
requirements of this Code and sustaining their reasonable share of
the expenses of its administration. Those who participate in or
accept the benefits of the activities of the Code Authority or their
respective Divisional Agency shall pay their reasonable share of
the cost of the Administration of this Code. Such reasonable share
of the expenses of administration shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and/or such other factors as may be deemed
equitable.
SEc. 9. Members of Code Authority not Partners.-Nothing con-
tained in this Code shall constitute the members of the Code
Authority partners for any purpose. Nor shall any member of
the Code Authority be liable in any manner to any one for any act
of any other member, officer, agent, or employee of the Code
Authority. Nor shall any member of the Code Authority, exercis-
ing reasonable diligence in the conduct of his duties hereunder, be
liable to any one for any action or omission to act under this Code,
except for his own willful misfeasance or nonfeasance.
Smc. 10. Powers and Duties of Code Authority.-The Code Au-
thority shall have the following further powers and duties, the
exercise of which shall be reported to the Administrator and shall
be subject to his right, on review, to disapprove any action taken
by the Code Authority.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of
the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information
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 Title I of the Act, which information and
reports shall be submitted by members to such administrative and/or
government agencies as the Administrator may designate; provided
that nothing in this Code shall relieve any member of the industry of
any existing obligations to furnish reports to any government agency.
No individual reports shall be disclosed to any other member of
the industry or any other party except to such governmental agencies
as may be directed by the Administrator and except to such impartial
agency as may be necessary to facilitate the administration of this
Code.





186


id) To use such teade associations and.-ther agencies as it deenr
proper, for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(f) To secure from members of the industry an equitable and pro-
portionate payment of the reasonable expenses of maintaining the
Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use
of any N.R.A. insignia solely by those members of the industry 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 industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including.stabili-
zation of employment.
(i) The Code Authority may appoint such committees or agents
as it may deem necessary and may delegate to them or to any Divi-
sional Agency or Divisional Code Authority such of its powers or
duties as it may deem proper for the administration of this Code;
provided, however, that it shall reserve final responsibility as to any
powers or duties so delegated.
(j) Divisional agencies or Divisional Code Authorities provided
for herein may make such rules and regulations as may be necessary
to administer this Code in their respective Divisions. Any rules and
regulations made pursuant to the provisions of this section shall be
immediately submitted in duplicate to the Authority, which shall
promptly transmit one copy thereof to the Administrator for his
review or disapproval.
(k) In order to assist in eliminating unfair competition, the Code
Authority may establish classifications and quality standards for the
products manufactured and sold by each Division subject to the ap-
proval of the Division concerned. No member of the industry shall
falsely represent his product as complying with any standards or
classifications so established. Such classifications and quality stand-
ards shall be subject on review to disapproval by the Administrator.
(1) To employ a Secretary-Accountant who shall be the Execu-
tive Officer of the Code Authority and who shall not be in any way
affiliated with any member of the industry.
SEC. 10. Industrial Relations Board.-To recommend to the Ad-
ministrator the establishment of an Industrial Relations Board for
this industry.
SEC. 11. Metal Moulding and Metal Frame Division.-Division 5,
Metal Moulding and Metal Frame, may adopt, subject to the ap-
proval of the Administrator, a Supplementary Code for such Divi-
sion, provided that such Supplementary Code shall not be incon-
sistent with or contrary to the provisions of this Code of the In-
dustry. Such Supplementary Code, when approved by the Presi-




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Sdent, shall have the saime&force and effect in ille Metal Moulding and
Metal'Frame Division as this Code." Such Supplementary Code
'miay provide for a Divisional Code Authority, which shall have
direct access and appeal at all times to the Administrator.
ARTICLE VII-PUBLICITY OF PRICES, TERMS AND CONDITIONS OF SALE
SECTION 1. Cost Accovunting System for Each Division..-Pur-
suant to the provisions of Article VI, each Division of the industry
shall formulate or cause to be formulated standard methods or sys-
tems of cost accounting for use in such Division of the Industry,
which methods or systems shall be adaptable to the cost-accounting
procedure of and to the business of such Division of the Industry,
and shall be subject to the approval of the Code Authority. Such
methods or systems shall specify the factors that shall determine
the cost for each member of such Division of the Industry pursuant
to the provisions of this section. Upon approval of such methods
or systems by the Administrator, the Code Authority shall furnish
to each member of such Division of the Industry complete details
of such methods or systems. Thereafter, in determining its costs,
each member of the industry shall use the principles of such
cost-accounting system recommended by such divisions and approved
'by the Code Authority and the Administrator.
SEc. 2. Selling Below Cost.-No member of the industry shall
publish prices or sell any article, including surplus stocks, below his
cost of production except (a) to meet the competition of a lower-
cost producer and (b) as may be specifically authorized by the Code
Authority regarding dropped lines and close outs.
SEC. 3. Filing Individual Overhead Costs.-Each member of the
industry shall within ten (10) days of the effective date of this
Code, file with the Secretary-Accountant a statement of the per-
centage to be added to his direct raw material and direct labor costs,
the total of which is commonly called Bench Cost, to cover his
entire individual overhead. This overhead percentage may be dif-
ferent for different classifications of products of the members, pro-
vided that not more than four classifications be used, unless
otherwise authorized by the Code Authority. The percentages filed
shall be based on the actual costs of the individual member, and,
after the adoption of the cost system which may be prescribed by
the respective Divisions as set forth in Section 1 of this Article,
shall be in accord with such cost system.
SEc. 4. Price Lists to be Filed with Code Authority.-Within ten
(10) days after the effective date of this Code each member of the
industry shall file with the Secretary-Accountant of the Code Au-
thority his list prices and maximum discounts applying thereto and
the terms and conditions of sale on all his products. Such lists so
filed and any revisions thereof subsequently filed shall be available
to each class of purchasing trade, namely, manufacturers who are
customers of another manufacturer, wholesalers, and retailers to
which such list prices, maximum discounts, terms, and conditions
:: S. 5. List Prices May be Changed.-In the event of any change
by any member of the industry in any list price and maximum


"187






188


discounts, terms, or"ronditions of sale -applying thereto, he shall
file full and complete copies of every such change with the Secretary-
Accountant of the Code Authority within such periods as may have
been designated by the Code Authority but not exceeding ten (10)
days in advance of the effective date of any such change.
SEC. 6. Unlisted Discounts Not Allowed.-No member of the in-
dustry shall sell, pay a rebate, or allow a deduction at any time to
anyone except in accordance with his list prices and maximum dis-
counts applying thereto, terms, and conditions of sale then in effect
and published in the manner described herein. Each member of
the industry shall have the right, individually, to publish new list
prices and maximum discounts applying thereto, terms, and condi-
tions of sale from time to time as herein provided.
ARTICLE VIII-TRADE PRACTICE RULES

GENERAL DEFINITIONS

For all purposes of the Code the acts described in this Article
shall constitute unfair practices. Any member of the industry, who
shall directly or indirectly through any officer, employee, agent, or
representative, knowingly use, employ, or permit to be employed, any
of such unfair practices shall be guilty of a violation of the Code.
RULE 1. Inaccurate Advertising.-No member of the Industry
shall publish advertising (whether printed, radio, display, or of any
other nature) which is misleading or inaccurate in any material par-
ticular or in any way misrepresents any commodity (including its
use, trade mark, grade, quality, quantity, origin, size, material con-
tent, or preparation), or credit terms, value, policies, services, or the
nature or form of the business conducted.
RULE 2. "Bait" Advertising.-No member of the Industry shall
knowingly publish advertising or use selling methods or credit terms
which tend to deceive or mislead the customer or prospective customer.
RULE 3. False Billing.-No member of the Industry shall know-
ingly withhold from or insert in, any quotation, contract, or invoice
any statement that makes it inaccurate in any material particular.
RULE 4. Inaccurate Labeling.-No member of the Industry shall
brand or mark or pack any commodity in any manner which tends
to deceive or mislead purchasers with respect to the brand, grade,
quality, quantity, origin, size, material content, or preparation of
such commodity.
RULE 5. Inaccurate Reference to Competitors, Etc.-No member of
the Industry shall publish advertising which intentionally refers
inaccurately in any material particular to any competitors or their
commodities, prices, values, credit terms, policies, or services.
RULE 6. Threats of Lawsuits.-No member of the Industry shall
publish or circularize unjustified or unwarranted threats of legal
proceedings which tend to or have the effect of harassing competitors
or intimidating their customers, and failure to prosecute diligently
shall be evidence of such harassment or intimidation.
RULE 7. Secret and Discriminatory Rebates.-No member of the
Industry shall offer or make any secret or discriminatory payment
or allowances of a rebate, refund, commission, credit, unearned dis-





; : :.. .
189

tount, or excess allowance, whether in the formnof money or other-
wise, for the purpose of influencing a sale, nor shall a member extend
to any-customer any secret or discrimintory special service or priv-
ilege not extended to all customers of the same class.
R ULE 8. Giving Gratuities or Reward& to Employees.-No member
of the Industry shall give, permit to be given, or offer to give any-
thing of value for the purpose of influencing or rewarding the action
of any employee or agent of another in relation to the business of
the employer of such employee or the principal of such agent with
or without knowledge of such employer or principal, provided that
nothing herein shall prohibit the free and general distribution of
articles used solely for advertising.
RULE 9. Interference with Another's Contracts.-No member of the
Industry shall induce or attempt to induce the breach of an existing
contract between a competitor and his employee or customer or source
of supply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
RULE 10. Shipment of Commodities on Consignment.-No member
of the Industry shall ship commodities on consignment, except under
circumstances and conditions approved by the Code Authority.

ARTICLE IX-COMPLAI rs AND APPEAL

SECtON 1. Right of Appeal to Divisions.-Any interested party
shall have the right of complaint to any Divisional Agency and
prompt hearing and decision therein with respect to any action by
it under this Code under such rules and regulations as it may
prescribe.
SEC. 2. Method of Appeal to Authority.-Any interested party
shall have the right to appeal to the Code Authority from any de-
cision of a Divisional Agency under such procedure as the Code
Authority shall prescribe.
SEc. 3. Right of Complaint to Authority.-Any interested party
shall have the right of complaint to the Code Authority and prompt
hearing and decision thereon under such procedure as it shall pre-
scribe in respect to any rule, regulation, order, or finding made, or
course of action pursued by the Code Authority.
SEc. 4. Right of Appeal to Administrator.-Any interested party
shall have the right of appeal to the Administrator under such pro-
cedure as he shall prescribe in respect to any decision, rule, regula-
tion, order, or finding made, or course of action pursued by any
agency pursuant to this Code.

ARTICLE X-MONOPOLIES

No provisions of this Code shall be interpreted or applied in such
manner as to promote or permit monopolies or monopolistic prac-
tices or to eliminate, oppress, or discriminate against small enter-
prises.
ARTICLE XI-MODIFICATION S

SECTION 1. President May Modify Code.-This Code and all the
provisions thereof are expressly made subject to the right of the






190


President, in accordance with the provisions of subsection (b) of
Section 10 of the National Industrial Recovery Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under Title I of said Act and specifically, but without
limitations to the right of the President to cancel or modify his
approval of this Code or any conditions imposed by him upon his
approval thereof.
SEC. 2. Amendment of Code.-This Code, except as to provisions
required by the Act, may be modified on the basis of experience or
changes in circumstances, such modification to be based upon ap-
plication to the Administrator and after such notice and hearing as
he shall specify, shall become effective on approval of the President.

ARTICLE XII-EFFECTnm DATE AND TERMINATION

This Code shall become effective on the second Monday after it
shall have been approved by the President. It shall continue in
effect until June 16, 1935, or until such time prior thereto as the
President, by proclamation, or the Congress shall by joint resolu-
tion, declare that the emergency recognized by Section 1 of the
National Recovery Act has ended.
Approved Code No. 208.
Registry No. 1122-09.











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