Code of fair competition for the motor vehicle storage and parking trade

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Material Information

Title:
Code of fair competition for the motor vehicle storage and parking trade as approved on December 7, 1933 by President Roosevelt
Portion of title:
Motor vehicle storage and parking trade
Physical Description:
1 p., 577-590 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Parking garages -- United States   ( lcsh )
Motor vehicles -- Storage -- 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:
Approved Code no. 147.
General Note:
Registry no. 1724-10.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004938246
oclc - 31965533
System ID:
AA00008123:00001

Full Text





Code No. 147


Registry No. 1724-10


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION

FOR THE


MOTOR VEHICLE STORAGE


AND PARKING TRADE


AS APPROVED ON DECEMBER 7, 1933


PRESIDENT ROOSEVELT


* I;
* 'I


Ii I I


OAFxecuttpe Order
2. Letter of Transmittal
8. Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON 1933


oi .4 Lb the Supedsatendent of Documents Washington, D.C. -- Price 5 cents

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

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Cleveland, Ohio: Chamber of Commerce.
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Philadelphia. Pa.: 933 Commercial Trust Building.
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San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.













Approved Code No. 147

CODE OF FAIR COMPETITION
FOR THE

MOTOR VEHICLE STORAGE AND PARKING TRADE

AS APPROVED ON DECEMBER 7, 1933
BY
PRESIDENT ROOSEVELT




Executive Order

An application having been duly made, pursuant to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16, 1933, for my approval of a Code
of Fair Competition for the Motor Vehicle Storage and Parking
Trade, and hearings having been held thereon and the Administrator
having rendered his report containing an analysis of the said code
of fair competition together with his recommendation 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 subsection (a) of section 3 of the said
Act have been met:
NOW, THEREFORE, I, Franklin D. Roosevelt, President of
the United States, pursuant to the authority vested in me by title
I of the National Industrial Recovery Act, approved June 16, 1933,
and otherwise, do adopt and approve the report, recommendations,
and findings of the Administrator and do order that the said code
of fair competition be and it is hereby approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
Administrator.
THE WHITE HOUSE,
December 7, 1933.


25686"-244-147-88


(577)














DECEMBER 2nd, 1933.
The PRESIDENT,
The White House.
SIR: The proposed Code of Fair Competition for the Motor Vehicle
Storage and Parking Trade was submitted to the Administrator on
September 27, 1933,by the International Garage Association, repre-
senting approximately 80% of the Trade. A hearing was conducted
in Washington on Friday, October 27, 1933, and the Code was revised
during the recess of the hearing and is submitted in its present form
for approval. All persons who requested appearances were properly
heard in accordance with statutory and regulatory requirements.
The Association presenting the Code represents that its invested
capital at the present time is in excess of two billion dollars and that
its certified membership represents in excess of one hundred ten
million square foot area of parking or garage space. The number of
employees is in excess of one hundred thousand men employed by
members presenting the Code and it is estimated that the number of
employees presently employed or to be employed under the hours
provided in the Code will increase approximately twenty-five percent.
Article I.-Purposes.
Article II.-Definitions.
Article III.-Provides a maximum of 44 hours in any one week,
limitation of not to exceed, in peak or emergency periods, 48 hours
in any one week or more than 10 hours in any one day; that the
average hours of weekly employment within a four-week period will
not exceed 44 hours. Outside salesmen are exempt from the provi-
sion of hours and watchmen not rendering service to the public are
exempt from hours but limited to a six-day week. In addition, the
usual safety clauses for both employer and employee are included.
Article IT.-Provides a minimum wage from $13.00 to $14.00 per
week in the southern area and from $14.00 to $15.00 per week in
northern areas, and further provides that the hourly rate shall not
be less than 50 per hour. Female employees engaged in similar
kinds of work shall receive the same rate of pay.
Article V.-No person under 16 years of age may be employed.
Article 'I.-Provides a Code Authority of 17 members with the
right of the Administrator to appoint three additional nonvoting
members; provides for four of the members to be elected at large and
geographical districts are set forth in detail.
Article VII.-Contains mandatory provisions as provided in the
National Recovery Act and includes the right of modification.
Article VIII.-Provision against additional capacity.
Article IX.-Defines cost recovery.
Article X.-Provides unfair trade practice and includes a section
covering violence, intimidation and coercion.
Article XI.-Monopolies.
(578)







579

The Administrator finds:
(A) This Code contains in all respects the pertinent phrases of
Title I of the Act, including without limitation Sub-Section A of
Section 7 and Sub-Section B of Section 10 thereof.
(B) The International Garage Association is truly representative
of the Motor Vehicle Storage and Parking Trade, and the bylaws
of this Association contain no inequitable restriction on membership.
(C) The Code is not designed to promote monopolies or to elimi-
nate or oppress small enterprises and will not operate to discriminate
against them but will tend to effectuate the policies of Title I of
the National Recovery Act. It is recommended, therefore, that this
Code be approved.
Respectfully,
HUGH S. JOHNSON,
A administrator.














CODE OF FAIR COMPETITION FOR THE MOTOR VEHICLE
STORAGE AND PARKING TRADE

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Competition for the Motor Vehicle Storage and Parking Trade,
and upon approval by the President shall be the standard of fair
competition for this trade, and shall be binding upon every member
thereof.
ARTICLE II-DEFINITIONS

Wherever in this Code, or in any proceeding under or in connec-
tion with this Code, the following words or terms are used, they
shall be deemed and taken to have the meaning ascribed to them as
follows:
SECTION 1. The term the Trade" means and includes parking,
the rendering of parking service, and/or keeping for a considera-
tion, expressed or implied, motor vehicles placed on parking lots or
stations or within public garage buildings or on or within any other
place where motor vehicles are kept or parked for a consideration,
expressed or implied, and includes supplementary services and main-
tenance only insofar as stych are incidental to the principal business
of storage and parking as aforesaid.
SEC. 2. The term supplementary services" shall mean the wash-
ing and other cleaning, lubrication, repairing, towing and mainte-
nance of every description of motor vehicles, the driving of cus-
tomers' cars, and the sale of automotive accessories, such as are
customarily performed in a garage, parking lot or parking station.
SEC. 3. The term "e employee includes any person engaged in any
phase of the trade in any capacity in the nature of employee ir-
respective of the method of payment of his compensation.
SEC. 4. The term "employer includes anyone for whose benefit
such an employee is so engaged.
SEC. 5. The term member of the Trade means, but without limi-
tation, any person, partnership, association, corporation or other
legal entity engaged in the Trade.
SEC. 6. The term member of the Code includes any member of
the trade who shall signify assent to this Code.
SEC. 7. The term district '' shall mean any territorial sub-division
set up under the Code Authority subject to the approval of the Ad-
ministrator.
SEC. 8. The term "Act means Title I of the National Industrial
Recovery Act.
SEC. 9. The term President means the President of the United
States of America.
(580)






581


SEC. 10. The term "Administrator" means the Administrator for
Industrial Recovery.
SEC. 11. Effective date" means the first Monday after this Code
shall have been approved by the President.
SEC. 12. Population for the purposes of this Code shall be deter-
mined by reference to the 1930 Federal Census.
SEC. 13. The Northern Area" shall consist of the following
states: Arizona, California, Colorado, Connecticut, Delaware, Idaho,
Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire,
New Jersey, New Mexico, New York, North Dakota. Ohio, Oregon,
Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Wash-
ington, Wisconsin, Wyoming, and the District of Columbia.
SEC. 14. The Southern Area shall consist of the following
states: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, Missouri, North Carolina, Oklahoma, South Carolina,
Tennessee, Texas, Virginia, and West Virginia.

ARTICLE III-HouTs

SECTnO 1. No office employee (other than employees in a mana-
erial, executive, or supervisory capacity who receive not less than
$35 per week in the Northern Area of the United States, and not less
than $25 per week in the Southern Area of the United States) shall
work or be permitted to work in excess of 44 hours in any one week,
or in excess of 9 hours in any one day; provided, however, that in
emergencies or peak periods, such employees may work not more
than 48 hours in any one week, or not more than 10 hours in any one
day, but the average hours of weekly employment during a four-
week period shall not exceed 44.
SEC. 2. Outside salesmen shall be exempt from any provision of
maximum hours of employment. Watchmen, not rendering any
service whatsoever to the public, are exempt from the maximum
hours provided, but shall not work more than six days in any one
week.
SEC. 3. Cashiers (those employees spending at least two thirds of
their time performing cashier's duties) may be employed for not
more than 48 hours in any one week.
SEC. 4. Employees engaged for one third or more of their hours
of labor at filling station work shall not be employed for more than
48 hours in any one week.
SEC. 5. Mechanical workers (those engaged in mechanical work
for one third or more of their working hours) shall not work or be
permitted to work more than 44 hours in any one week.
SEC. 6. No other employees shall work or be permitted to work
more than 54 hours in any one week.
SEC. 7. The maximum workday for employees other than those
defined in Section 1, Article III, shall not exceed ten holirs.
SEC. 8. No employee shall work or be permitted to work for a
total number of hours in excess of the number of hours prescribed
for each week and day, whether employed by one or more employers.
SEC. 9. The maximum hours herein above described refer to the
availability of the employee in the establishment or on the premises







582


of the employer at the latter's request, whether or not the employee
is actively engaged in specific tasks throughout these hours.
SEC. 10. Every employer and every partner in any partnership
engaged in the Trade shall be subject to the provisions as to hours
of labor prescribed for employees in this Code insofar as they per-
form the functions of such employees.

ARTICLE IV-WAGES

SECTION 1. The minimum rates of pay per week in the Trade
except for mechanical workers or artisans, shall be as follows:

Population of city or town, including trade area thereof I Northern Southern

Per week Per week
Over 500.000 ..... ... -...-... .. ...----- ...------------ -------------------..... $15.00 $14.00
Between 250,000 and 500,000-...-. ----.. --. -----------.--.----.----.----.. 14.50 13.50
Less than 250,000 ..........-......---- ---------- ------- --...-.....--- .....-- .. ... 14.00 13.00

SEC. 2. No mechanical worker or artisan employed in this Trade
shall be paid less than at the rate of 500 per hour of actual work
on some specific task unless the hourly rate for the same class of
work on July 15, 1929, was less than 500 per hour, in which latter case
such mechanical worker or artisan shall be paid not less than the
hourly rate of July 15, 1929, and in no event less than at the rate of
400 per hour. Provided, however, that no such mechanical worker
or artisan who is available for normal full time to his employer in
the establishment or on the premises of the employer, at the latter's
request, shall be paid at less than the rates set forth in Section 1 of
this Article IV for the respective areas therein described, without
regard to actual work by such mechanical worker or artisan upon
any specific tasks.
SEC. 3. No employee whose normal full-time weekly hours for the
four weeks ending July 1, 1933, are reduced by less than 20 percent
shall have his or her full-time weekly earnings reduced. No em-
ployee whose full-time weekly hours are reduced by 20 percent
or more shall have his or her said earnings reduced by more than
10 percent.
SEC. 4. Female employees performing substantially the same work
as male employees shall receive the same rate of pay as male
employees.
SEC. 5. A person whose earning capacity 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 designated by the United States
Department of Labor a certificate authorizing his employment at
such wages and for such hours as shall be stated in the certificate.
Each employer shall file with the Code Authority a list of all such
persons employed by him.
SEC. 6. In determining his classification under this Code, each
employee shall be entitled to claim the benefit of the classification
of occupations existing on June 16, 1933.
25686---83-2







583


SEC. 7. This article establishes a minimum rate of pay which
shall apply, irrespective of whether an employee is actually com-
pensated on a time rate, piecework, or other basis.
ARTICLE V

No person under 16 years of age shall be employed in the Trade.

ARTICLE VI-ADMINISTRATION

To further effectuate the policies of the Act, a Code Authority is
hereby set up to cooperate with the Administration in the adminis-
tration of this Code as a planning and fair practice agency for
the Trade. Said Code Authority shall have the powers and duties
prescribed in this Code, the exercise of which shall be subject to the
right of the administrator, upon review, to disapprove or modify any
action taken by the Code Authority.

DIVISION A-ORGANIZATION AND CONSTITUTION OF THE CODE AUTHORITY

SECTION 1. The Code Authority shall consist of 17 members rep-
resentative of the Trade. Not more than three additional nonvoting
members may at any time be appointed by the Administrator.
SEC. 2. The members of the Code Authority shall be elected by
vote of the members of the Code. One member shall be elected from
each of the 13 geographical regions, as defined in Section 10; four
members shall be elected at large.
SEc. 3. To serve from the effective date until the election of the
Permanent Code Authority, a temporary Code Authority of 7 mem-
bers shall be appointed by the President.
SEc. 4. In a fair manner prescribed by the Code Authority, with
the approval of the Administrator, and not later than February 10th
of each year, the members of the Code in each state may nominate
by ballot a candidate for the Code Authority from their election
region. Said nominating ballots shall be returned to a disinterested
and impartial agency appointed by the Code Authority, and ap-
proved by the Administrator.
SEC. 5. Candidates for election at large may be placed in nomina-
tion by the filing with the said impartial agency before noon of
February 10th of petitions signed by not less than 200 members of
the Code, either individually or in groups. No member of the Code
shall endorse by petition more than one such candidate. The said
disinterested agency shall certify the eligibility of the signers of
the petitions and shall for this purpose have access to the pertinent
records of the Code Authority.
SEC. 6. After February 10th the said disinterested agency shall
publish without delay and in form and manner directed by the Code
Authority, and subject to review by the Administrator, the list of
candidates nominated by the states and nominated by petition.
SEC. 7. Immediately upon the publication of the names of said
candidates, said disinterested and impartial agency shall prepare
and mail to each member of the Code of record as of noon of Febru-
ary 10th of the same year, two letter ballots and a self-addressed
postcard, together with notice that such ballots to be counted must







584


be in th, hands of said disinterested and impartial agency not later
than five weeks from the date of publication of the names of said
candidates, which return date shall be specified. One letter ballot
shall list the candidates reported by the state or states in said
member's region; the other shall list the candidates at large. There
shall be indicated by said disinterested and impartial agency on the
letter ballot listing the regional candidates the number of votes to
which said member is entitled, said number of votes to be determined
by the Code Authority in proportion to the assessments levied upon
and paid by said member of the Code during the previous twelve
months or any part thereof, pursuant to Section 2 of Division C of
this Article VI; provided, that each member of the Code shall have
not less than one vote. Each member of the Code, irrespective of
floor space or land area, shall be entitled to cast one vote for four of
the nominated candidates at large.
SEC. 8. These ballots shall be properly marked and returned to the
aforesaid disinterested and impartial agency. With said ballots,
each member of the Code shall return the postcard with a simple
signed statement to the effect that said member of the Code has
voted on the ballot for regional candidates, or on the ballot for
candidates at. large, or both, as the case may be. Immediately upon
receipt of such ballots and postcard, the disinterested and impartial
agency shall record the fact that such member has voted, but not
how he has voted, and destroy said postcard. All ballots in the
hands of said agency at noon of the specified return date shall be
counted and the results reported by said agency directly to the
Administrator.
SEC. 9. The candidate approved by the Administrator, receiving
the highest number of votes from his region, shall forthwith be de-
clared elected to membership on the Code Authority and shall serve
for a period of one year or until his successor shall have been elected.
The four candidates at large approved by the Administrator, receiv-
ing the highest total number of votes of all the members of the Code
shall likewise be declared elected and shall serve concurrently with
candidates elected by the regions.
SEC. 10. If any date set forth in this Article VI falls upon a Sun-
day or upon a legal holiday, then the next following business day
shall be substituted therefore.
SEC. 11. The geographical regions for the purpose of election of
the Code Authority shall be constituted as follows:
Election region #1: Election region #4:
Washington N. Dakota
Oregon S. Dakota
Idaho Nebraska
Montana Minnesota
Election region #2: Iowa
California Election region #5:
Nevada Kansas
Election region #3: Missouri
Wyoming Oklahoma
Utah Texas
Colorado Election region #G:
Arizona Arkansas
New Mexico Louisiana







585


Election region #6-Continued
Tennessee
Mississippi
Alabama
Election region #7:
N. Carolina
S. Carolina
Georgia
Florida
Election region #8:
Wisconsin
Illinois
Election region #9:
Michigan
Indiana
Kentucky
Election region #10:
Ohio


Election region #10-Continued
West Virginia
Election region #11:
Pennsylvania
Maryland
Delaware
District of Columbia
Virginia
Election region #12:
New York
New Jersey
Election region #13:
Maine
New Hampshire
Vermont
Massachusetts
Rhode Island
Connecticut


SEC. 12. In the selection of nominees for the Code Authority the
District of Columbia and Maryland shall be considered as one state.
SEC. 13. In order that the Code Authority shall at all times be
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 in the method of selection of the Code
Authority.

DIVISION B.-DUTIES AND POWERS OF THE CODE AUTHORITY

SECTION 1. For the purpose of supplying the President and the Ad-
ministrator with requisite data as to the observance and effective-
ness of the Code, in order that the President may be kept informed
with respect to observance of the Code, each member of the Trade
shall submit through the Code Authority, reports concerning such
relevant matters, and in such form, and at such times as the Code
Authority may prescribe. No publication thereof to anyone or in
any manner shall be made other than in combination with similar
information furnished by other members of the Code, in which case
the publication shall be made only in such manner as will avoid the
disclosing separately of such confidential information.
SEC. 2. In addition to information required to be submitted to the
Code Authority, there shall be furnished to government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
SEC. 3. In the event that the Code Authority should have reason
to believe that the reports submitted by any member of the Trade
are inaccurate, such reports shall be subject to verification by an
examination of pertinent books and accounts and records of such
member by a disinterested and impartial agency designated by the
Code Authority.







586

SEc. 4. The Code Authority shall study the trade-practice pro-
visions set forth in Article X and the operation thereof and shall
make any recommendations from time to time to the Administrator
which it deems desirable for modification or addition thereto, which
upon the approval of the President, after such hearing as may
be prescribed, shall become a part of this Code and have full force
and effect on provisions hereof.
SEC. 5. The Code Authority shall establish regional divisions and
subdivisions and shall delegate to proper Trade Associations or other
local agencies in such divisions or subdivisions as it deems proper
the duties of 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.
SEC. 6. It shall be the function of the Code Authority to act as
the general planning and coordinating body for the Motor Vehicle
Storage and Parking Trade. To the end of effecting a balanced
national economy, the Code Authority may cooperate with the Inter-
national Garage Association in the collection, compilation, and
publication of pertinent data.
SEC. 7. The Code Authority shall adopt bylaws and rules and regu-
lations for its procedure and for the administration and enforcement
of this Code.
SEC. 8. The Code Authority shall make recommendations to the Ad-
ministrator for the coordination of the administration of this Code
with such other codes, if any, as may be related to the Trade.
SEC. 9. The Code Authority shall cooperate with the Administra-
tor in regulating the use of any N.R.A. insignia solely by those mem-
bers of the Trade who have assented to, and are complying with this
Code.
DIVISION C-GENERAL
SECTION 1. Any member of the Trade is eligible to membership in
the International Garage Association and/or in any participating
trade association representing his local trade area and there shall be
no inequitable restriction on such membership. Each participating
association shall submit to the Code Authority, for transmission to the
Administrator, true copies of its articles of association, bylaws, regu-
lations, and any amendments when made thereto, with such other
information as to membership, organization, and activities as the
Administrator may deem necessary to effectuate the purposes of the
Act.
SEC. 2. AMembers of the Trade shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by assenting to this
Code either individually or in conjunction with other members of a
trade association, and by complying with the requirements of this
Code and sustaining their reasonable share of the expenses of its
administration. Such reasonable share of the expenses of adminis-
tration may be determined by the Code Authority subject to review
by the Administrator on the basis of gross area of floor space and/or
land area available for and utilized for the parking of motor
vehicles.







S587

SEC. 3. Said declaration of assent shall be delivered or mailed to
S the Code Authority, shall be in writing, and shall certify as to the
full name, legal address, location of each establishment operated by,
and bear the signature of each member making or joining in said
assent.
SEC. 4. Nothing contained in this Code shall constitute the mem-
bers 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,
exercising reasonable diligence in the conduct of his duties here-
under, liable to anyone for any action or omission to act under this
Code, except for his own willful misfeasance or nonfeasance.

ARTICLE VII-GENERAL

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 employ-
ers of labor, or their agents, in the designation of such representa-
tives or in self-organization or in other concerted activities for the
purpose of collective bargaining or other mutual aid or protection.
SEC. 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; and
SEC. 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.
SEC. 4. All employers shall post copies of Article III and Article
IV of this Code in conspicuous places accessible to employees.
SEC. 5. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provision of Subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or
regulation issued under Title I of said Act and specifically, but
without limitation, 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. 6. Such of the provisions of this Code as are not required to
be included therein by the Act may, with- the approval of the
President, be modified or eliminated as changes in circumstances or
experience may indicate. It is contemplated that from time to time
supplementary provisions of this Code, or additional Codes, will be
submitted for approval of the President to prevent unfair compe-
tition and other unfair destructive competitive practices and to
effectuate the other purposes and policies of Title I of the Act.
SEc. 7. Within each State, the provisions of this Code shall not
supersede any laws of such State imposing more stringent require-
ments, regulating the age of employees, wages, hours of work, or
health, fire, or general working conditions, than under this Code.







588


ARTICLE VIII-NEW CAPACITY

Any group of members of the Trade may agree that they shall
not participate in the providing of additional storage or parking
facilities for public L.se through the construction of new buildings,
the conversion of' buildings not now used as public storage or parking
garages, or the opening up of vacant land of any description to be
used as parking lots and/or stations, except where needed. The
terms of any Lur:h agreement shall be subject to the approval of
the AdminiistriUto r. Each such agreement shall provide, among other
things, that any dispute between the parties to such agreement as
to whether expansion is justified by need for new facilities shall be
submitted to the Administrator, whose determination shall be final.
It is, of course, understood that any such agreement shall be bind-
ing only on the parties thereto.
ARTICLE IX-COST RECOVERY

SECTION 1. Members of the Code under the direction of, and sub-
ject to the approval of the Code Authority, may by vote of said
members elect District Committees. Each District Committee shall
operate with reference to a district, the boundaries of which shall
be determined on the basis of competitive areas. The determination
of a district and the method of voting shall be subject to the approval
of the Administrator.
SEC. 2. The Code Authority shall establish a uniform system of
accounting, with the approval of the Administrator. Upon ap-
proval by the Administrator each member of the Trade shall adopt
such uniform system of accounting for the purpose of determining
his own individual costs; provided that there may be such variations
therefrom and exceptions thereto as may be required by the individ-
ual conditions affecting each member of the Trade and as may be
approved by the Code Authority. Each member of the Trade within
each district determined as aforesaid, shall report his own individual
costs determined on the basis of such system of accounting, to a
disinterested and impartial agency designated by the Code Author-
ity. Such agency shall keep secret such information so submitted.
SEC. 3. This agency shall from such reports ascertain the costs of
that representative member of the Trade in such district whose cost
is lowest and shall publish such costs to the members in such district.
No member of the Trade shall sell his services below the costs so de-
termined for his district.
SEC. 4. Within each such district there shall be a reasonable peri-
odic revision of costs by the designated impartial authority herein
before provided. The Code Authority shall prescribe with the ap-
proval of the Administrator the period during which such published
costs shall remain in force.

AnTICLE X-TRADE PRACTICE RULES
The following described acts shall constitute unfair methods of
competition and shall constitute violations of this Code:
Rule 1-Inaccurate Advertising.-Publishing advertising (whether
printed, radio, display, or of any other nature) which is misleading







589


or inaccurate in any material particular, or misrepresenting any
goods (including but without limitation its use, trade mark, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material, content or preparation) or credit terms, values, policies,
services, or the nature or form of the business conducted.
Rule 2-Inaccurate References to Competitors, Etc.-Publishing
advertising which refers inaccurately in any material particular to
any competitors or their goods, prices, values, credit terms, policies,
or services.
Rule 3-False Billing.-Knowingly withholding from or insert-
ing in any quotation or invoice any statement that makes it inac-
curate in any material particular.
Rzle 4-Espionage of Competitors.-Securing confidential infor-
mation concerning the business of a competitor by a false or mis-
leading statement or representation, by a false impersonation of one
in authority, by bribery, or by any other unfair method.
Rule 5-Interference with Contracts of Customers or Prospective
Customers.-Attempting to induce the breach of an existing contract
between a competitor and his employee or customer or source of
supply; or interference with or obstruction of the performance of
such contractual duties or services.
Rule 6-Cancelation of Contracts.-Canceling in whole or in part,
or permitting the cancelation in whole or in part, of any contract of
sale of any service including storage or parking, except for a fair
consideration.
Rule 7-Payment of Rebates.-Paying or allowing to any pur-
chaser in connection with the sale of any service including storage
and parking, any rebate, commission, credit, discount, adjustment, or
similar concession other than as is specified by him in his own estab-
lished and/or published and/or posted prices or in any contract of
sale, provided that the existence and terms of such contracts shall be
disclosed to the Code Authority.
Rule 8-Circulating False Informnation.-Disseminating, publish-
ing, or circulating any false or misleading information whatsoever
concerning any member of the Trade.
Rule 9-Incomplete Description.-Making any sale or contract of
sale of any service or automotive product under any description
which does not fully and fairly describe such service or product.
Rule 10-Rendering Service Below Cost.-Rendering to any pur-
chaser in connection with the sale of any service or product any
other service or product, either voluntarily or by agreement of the
parties, unless fair compensation for each service or product shall
be paid by such purchaser.
Rule 11-Securing Competitors' Employees.-Inducing or at-
tempting to induce employees to leave the service of a competitor
for the purpose of securing the trade or customers of such com-
petitor.
Rule 12-Failure to Publish Prices.-The failure to publish in
form available for inspection on the premises by any member of the
Trade the schedule of prices charged by the member to the public for
each service or combination of services performed, or rendered, at
each place of business operated by such member.




UNIVERSITY OF FLORIDA

3 1262 08584 7688
590

Rule 13-Rendering Free Service.-The offering or giving of any
free service or free goods in connection with the sale of servilcekdi -
dered. But nothing herein shall prevent the giving to customerliof
articles having merely an advertising value.
Rule 14-Failure to Secure License.-Engaging in the Trade with-
out having complied with all city, county, state, or national laws
with reference to permits, business licenses, and/or privilege licenses.
Rule 15-Failure to Pay lages.-Failure to pay all wages in
cash or by check without deductions, except in the case of bonafide
claims by the employer either for money advanced or damage done
by the employee and for which such employee is legally liable.
Rule 16-Selling Below Posted Prices.-Selling below one's own
established and. or published and,/or posted prices.
Rule 17-Other Unfair Practices.-Nothing in this Code shall
limit the effect of any adjudication by the Courts or holding by the
Federal Trade Commission on complaint, finding, and order, that
any practice or method is unfair, providing that such adjudication
or holding is not inconsistent with any provision of the Act or of
this Code.
Rule 18-Violence, Intimidation, or Unlawful Coeroion.-(a)
Any use of violence to person or property, intimidation, or unlawful
coercion by a member of the Trade against a member of the Trade.
(b) Any threat by a member of the Trade to use such violence
intimidation, or unlawful coercion.
(c) Any conspiracy among members of the Trade, or among mem-
bers of the Trade and others, to use or to threaten to use such violence,
intimidation, or unlawful coercion.
(d) Any combining or cooperating by a member of the Trade
with anyone who is using or threatening to use such violence, intimi-
dation, or coercion.
Rule 19-Violation of Code Provisions.-The violation of any
other provisions of this Code.

ARTICLE XI--MNOPOLIES, ETC.

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
Approved Code No. 147.
Registry No. 1724-10.