NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
IBLIC SEATING INDUSTRY
AS APPROVED ON JULY 10, 1934
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Approved Code No. 477
CODE OF FAIR COMPETITION
PUBLIC SEATING INDUSTRY
As Approved on July 10, 1934
APPROVING CODE OF FAIR COMPETITION FOR THE PUBLIC SEATING
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 the Code
of Fair Competition for the Public Seating 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. Johnson, 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 an-
nexed 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 for a period of ninety
(90) days; provided, however, that the provisions of Article VII,
Section 2 insofar as they prescribe a waiting period between the
filing with.the Code Authority and the effective date of revised price
lists or revised terms and conditions of sale, be and they hereby are
stayed pending my further Order.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
BARTON W. MURRAY,
Division. A dmin istrator.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the Code of Fair Competition for the
Public Seating Industry, as revised after a public hearing conducted
in Washington, D.C., on January 19, 1934 in accordance with the
provisions of Title I of the National Industrial Recovery Act.
PROVISIONS OF THE CODE AS TO HOURS, WAGES AND GENERAL LABOR
1. This Code provides that no employee shall be permitted to work
in excess of thirty-six (36) hours in any week or in excess of eight
(8) hours in any day or more than five (5) days in any week, except
(a) Employees engaged in clerical or office work shall not be
permitted to work in excess of forty (40) hours in any week or nine
(9) hours in any day or five and one-half (51/,) days in any week.
(b) Employees engaged as watchmen and night firemen shall not
be permitted to work in excess of eighty-four (84) hours in any
two (2) weeks' period or forty-eight (48) hours in any week.
(c) To provide for seasonal peaks, employees (other than those
engaged in clerical or office work and those engaged as watchmen
and night firemen), may be permitted to work not in excess of
forty-eight (48) hours in any one (1) week in not more than six
(6) weeks of any six (6) months' period; provided, however, that
this tolerance shall not be permitted if seasonal demands can be met
by the employment of additional employees; and further provided,
that at least one and one-half (11,2) times the normal rate of pay
shall be paid for all hours worked in excess of the maxima provided
in Section 1 of Article III of the Code.
2. This Code exempts from hourly limitations persons employed
in a managerial or executive capacity who earn not less than thirty-
five dollars ($35.00) per week and employees engaged in -emergency
maintenance or emergency repair work provided, however, that in
cases of emergency maintenance or emergency repair work, at least
one and one-half (1/,) times the normal rate of pay shall be paid
for hours worked in excess of the maximum hours provided in
Section 1 of Article III.
3. This Code establishes a minimum rate of pay of forty cents
($0.40) per hour and a minimum rate of pay irrespective of whether
the employee is actually compensated on a time rate, pieoe work or
other basis. Handicapped persons may be employed at less than the
minimum wage under the usual prescribed conditions.
4. This Code also provides that no employer shall reduce the exist-
ing minimum wage rates of pay where these are now in excess of the
minimum rates established by the Code and further provides for an
equitable adjustment of all wages above the minimum. Provisions
are incorporated relative to the employment of handicapped persons
and rates of pay for female employees and covering complaints by
employees of alleged violations, standards for safety and health,
posting of the Code, and payment of wages.
5. Further, this Code provides that no employee now employed
at a rate in excess of the minimum shall be discharged and reem-
ployed or displaced by another employee at a lower rate for purposes
of evading the provisions of this Code. Further, no person under
sixteen (16) years of age shall be employed in the industry, and no
person under eighteen (18) years of age shall be employed at opera-
tions or occupations hazardous in nature or dangerous to health.
Further, no employer shall reclassify employees or duties of occupa-
tions performed or engage in.any other subterfuge for the purpose
of defeating the provisions of the Act or of this Code.
ECONOMIC EFFECTS OF THE CODE
1. The report of the Research and Planning Division indicates
that the sales volume of the industry in 1929 was approximately
$25,000,000 and that about 2,550 were employed in the industry in
that year. This report further indicates the absence of available
statistics reflecting the trends in this Industry, but nevertheless indi-
cates that the annual sales declined from about $28,000,000 in the
year 1927 to about $4,800,000 for the year 1933, or about eighty-two
percent (82%), and that the severest decline occurred during the last
three (3) years as witnessed by a decline from $20.100,000 in 1930 to
$4,800,000 in 1933. The trend of factory employment has likewise
been steadily downward. Since the high point in 1928, employment
has dropped about fifty percent (50%) to about 1,041 factory em-
ployees in the first half of 1933.
2. The demand for the products of this Industry is to a large
degree dependent on the construction, alteration and repair of pub-
lic structures including schools, theatres and churches.
3. It has been deemed impractical to reduce the work week suf-
ficiently to reabsorb those unemployed since 1929 (which would
necessitate a fifteen (15) to twenty (20) hour week) and at the
same time to restore the purchasing power of 1929. However, the
thirty-six (36) hour week and the minimum hourly rate of forty
cents ($0.40) as established by the Code should provide a material
increase in purchasing power.
The Assistant Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings 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 in-
dustry 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 supervi-
sion, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) 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 per-
tinent provisions of said Title 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 group
is an industrial group truly representative of the aforesaid Indus-
try; 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.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
For these reasons, therefore, I have approved this Code for a
period of ninety (90) days in order to provide for the further
study and establishment of a more inclusive code or codes compre-
hending those businesses competitive or potentially competitive in
nature and producing products from the same or similar classifica-
tions of labor, and by the same or similar machines.
HUGH S. JOHNSON,
JULY 10, 1934.
CODE OF FAIR COMPETITION FOR THE PUBLIC
To effect the policies of Title I of the National Industrial Recov-
ery Act, this Code is established as a Code of Fair Competition for
the Public Seating Industry, and its provisions shall be the standard
of fair competition for such industry and shall be binding upon
every member thereof.
SECTION 1. The term Public Seating Industry or industry",
as used herein is defined to mean and include the fabricating and/or
assembling (for sale) and installing (by those who fabricate and/or
assemble) of the products of this industry, and such related branches
and sub-divisions as may be from time to time included under the
provisions of the Code by the Administrator after such notice and
hearing as he may prescribe.
SECTION 2. The term products of the industry or products "
as used herein is defined to mean and include public seating (up-
holstered or non-upholstered), fabricated and/or assembled of wood,
plywood, iron, steel, non-ferrous metals, or any combinations of these
materials, and consisting of the following:
(a) Fixed or connected seating for such public places as theatres,
auditoriums, lodges, assembly halls, shoe stores, rinks, ball parks,
race tracks, stadia, and other similar buildings, and structures;
(b) Pewing, chancel, choir stalls, and related furniture and acces-
sories for ecclesiastical purposes (of which an itemized list is at-
tached hereto as Appendix A); furniture for such places as lodge
rooms and Sunday schools (of which an itemized list is attached
hereto as Appendix B); seats and benches for court houses, hospitals,
public waiting rooms and for other similar public purposes, pro-
vided, however, all such products are fabricated and/or assembled
predominantly of wood or plywood, for a specified project;
(c) Pupil's desks, pupil's tables, pupil's chairs, and school furni-
ture for all educational purposes;
(d) Portable chairs with folding seats in both single and mul-
(e) Portable folding seating in single units for other than house-
(f) Fixed seating for public passenger transportation not includ-
ing vertical transportation:
Provided, further, that the following are specifically not included:
(g) Bleacher type seats and benches, fabricated and/or assembled
exclusively of wood and iron;
(h) Products as defined by Schedule D, the Supplementary Code
for the Laboratory Furniture Manufacturers' Section of the Code of
Fair Competition for the Scientific Apparatus Industry as approved
by the President on November 14, 1933;
(i) Tablet arm chairs and school chairs fabricated and/or assem-
bled exclusively of wood.
SECTION 3. The term member of the industry includes anyone
engaged in the industry as above defined, either as an employer or
on his or its own behalf.
SECTION 4. The term employee as used herein includes any and
all persons engaged in the industry, however compensated, except a
member of the industry.
SECnION 5. The term employer" as used herein includes anyone
by whom any such employee is compensated or employed.
SECTION 6. The term "trade as used herein is defined to mean
and include all functional classifications of enterprise in the dis-
SECTION 7. The "Trade Practice Committee" as used herein is
defined to mean the Committee established by virtue of the approval
of the Federal Trade Commission as of February 12, 1930, and which
functions as the trade association proposing this Code.
SECTION 8. The terms President "Act", and "Administrator"
as used herein shall mean respectively the President of the United
States, Title I of the National Industrial Recovery Act, and the Ad-
ministrator for Industrial Recovery.
SECTION 1. Maxzimumn Hours.-No employee shall be permitted to
work in excess of thirty-six (36) hours in any week (seven (7) day
period), or eight (8) hours in any one day (twenty-four (24) hour
period), or more than five (5) days in any one seven (7) day period.
SECTION 2. Exceptions as to Hour8.-No person employed in cleri-
cal or office work shall be permitted to work in excess of forty (40)
hours in any week (seven (7) day period), or nine (9) hours in any
day (twenty-four (24) hour period), or five and one-half (5/2) days
in any seven (7) day period.
SECTION 3. No person employed as watchman or night fireman
shall be permitted to work in excess of eighty-four (84) hours in any
two (2) weeks' period or forty-eight (48) hours in any one week.
SECTION 4. To provide for seasonal peaks, employees covered by
Section 1 may be permitted to work not in excess of nine (9) hours
in any twenty-four (24) hour period, nor more than forty-eight (48)
hours in any one week (seven (7) day period) in not more than six
(6) weeks of any six (6) months' period; provided, however, that
this tolerance shall not. be permitted if seasonal demands can be met
by the employment of additional employees; and further provided,
that at least one and one-half (11,) times the normal rate of pay
shall be paid for all hours worked in excess of the maximum provided
herein in Section 1.
SECTION 5. Exemptions as to Hlors.-The maximum hours pro-
vided by this Article shall not apply to traveling salesmen, or to
persons employed in a managerial or executive capacity who earn
tided, however, that in cases of emergency maintenance or emerg-
: ency repair work at least one and one-half (11/2) times the normal
S rate of pay shall be paid for hours worked in excess of the maximum
hours provided herein.
*: SECTIOi 6. Employment by Several Employers.-No employer
sha*ll knowingly permit any employee to work for any time which
.-when totaled with that already performed for another employer or
'employers exceeds the maximum permitted herein.
SEoTION 1. Minimum Wage.-No employee shall be paid less than
at the rate of forty cents ($0.40) per hour, except as herein otherwise
SSECTIO 2. Wage Reductions.-No employer shall reduce existing
minimum wage rates of pay where these are now in excess of the
minimum rates established by this Article.
SECION 3. Handicapped Persons.-A person whose earning capac-
ity is limited because of age, physical or mental handicap, or other
infirmity, may be employed on light work at a wage below the mini-
mium established by this Code if the employer obtains from the state
authority designated by the United States Department of Labor a
certificate authorizing such person's employment at such wages and
for such hours as shall be stated in the certificate. Such authority
shall be guided by the instructions of the United States Department
of Labor in issuing certificates to such persons. Each employer shall
-file monthly with the Code Authority a list of all such persons em-
ployed by him, showing the wages paid to and the maximum hours of
work for such employees.
SECTION 4. Piece-work Compensation--Minimumn Wages.-A guar-
anteed minimum rate of pay is established by this Article regardless
of whether the employee is compensated on the basis of the time rate
or on a piece-work performance or other basis.
SECTION 5. Evasion through Reemployment.-No employee now
employed at a rate in excess of the minimum shall be discharged and
reemployed or replaced by another at a lower rate for the purpose of
evading the provisions of this Code.
SEcTION 6. Female Employees.-Female employees performing
substantially the same work as male employees shall receive the same
rates of pay as male employees.
SECTION 7. Wages above the Minimum.-On or before the effective
date every employer shall make an equitable adjustment of all wage
rates above the minimum. In no case shall wage rates be reduced,
notwithstanding that the number of hours worked in such employ-
ment may be hereby decreased. No change shall be made in piece.
work rates which will reduce the hourly or daily earnings of piece
workers. The action taken by each member of the industry in ac-
cordance with this provision shall be reported to the Code Authority
within thirty (30) days after the effective date of this Code and to
the Administrator on his request and shall be subject to the Admin-
istrator's review and disapproval.
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ArncLE V-GENERAL LAaO PROVzwsoe f r.r
SECTION 1. Ch7id Labor Provision.-No person under sixteen" (U6)
years of age shall be employed in the industry. No person under
eighteen (18) years of age shall be employed at operations or occu-
pations which are hazardous in nature or dangerous to.health. The
Code Authority shall submit to the Administrator within 60 days of
the effective date of this Code a list of such operations or occupa-
tions. In any State an employer shall be deemed to have complied
with this provision as to age if he shall have on file a certificate or
permit duly issued 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. Provisions from the Aot.-As provided by Section 7 (a)
of the Act:
(a) Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection;
(b) 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 organization
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.
SECTION 3. Standards for Safety and Health.-Every employer
shall make reasonable provisions 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 within three (3) months after the
effective date of this Code.
SECTION 4. State Laws.-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 insur-
ance, or fire protection, than are imposed by this Code.
SECTION 5. Posting.-Each member of the industry shall comply
with the rules and regulations of the Administrator as to posting this
Code or portions thereof.
SECTION 6. Payment of Wages.-Every employer shall agree to
make payment of all wages due in lawful currency or by negotiable
check therefore, payable on demand, at the end of each weekly pay
period. These wages shall be exempt from any payment for pen-
sions, insurance, or sick benefits other than those voluntarily paid by
employees or required by law. Employers or their agents shall not
accept, directly or indirectly, rebates on such wages or give anything
of value nor extend any favors to any person for the purpose of
influencing rates of wages or working conditions of their employees.
The provisions of this section regarding payment of wages at the
end of each weekly pay period shall not apply to persons employed
: in a managerial or executive capacity who earn not less than thirty-
T five dollars ($35.00) per week, nor to persons employed in clerical
or office work. Employers shall agree that the wages for persons
employed in clerical or office work shall be paid at the end of pay
periods not to exceed semi-monthly periods.
SECTION 7. Dismrisals.-No employee shall be dismissed by reason
of making a complaint or giving evidence with respect to an alleged
violation of this Code.
SECz oN 8. Reclassification of Employees.-No member of the in-
dustry shall reclassify employees or duties of occupations performed
or engage in any other subterfuge for the purpose of defeating the
provisions of the Act or of this Code.
ARTICLE VI-ORoANIZATION, POWERS AND DUTIES OF THLE CODE
SECTION 1. Organization and Constitution.-To further effectuate
the policies of the Act, a Code Authority is hereby constituted to
cooperate with the Administrator in the administration of this Code.
SECTno 2. The Code Authority shall consist of seven (7) individ-
uals to be selected as hereinafter set forth. The Administrator, in
his discretion, may appoint not more than three (3) members, with-
out vote to serve for such terms as he may prescribe.
SECTION 3. These seven individuals constituting industry repre-
sentatives of the Code Authority shall be elected by a majority
vote of members of the industry eligible (as defined by Section 10
of this Article) to participate and participating in the elections.
All such members shall be elected from directors, officers, or execu-
tives of members of the industry. All seven individuals shall have
equal voting power. The first Code Authority shall be elected at a
general meeting of the industry called and conducted by the Trade
Practice Committee of this industry within fifteen (15) days after
the effective date of this Code. 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 members of
the industry. In the event of any vacancy in the membership of
the Code Authority, a special meeting of the members of the in-
dustry for an election to fill the incomplete terms of such members
shall be called within thirty (30) days after such vacancy shall
Shave occurred. Notice of the time and place of each election
shall be sent to all members of the industry who are registered
with the Committee or after the effective date of this Code with
the Code Authority, or whose names and addresses can be ascer-
tained through diligent inquiry, and to the Administrator at least
ten (10) days in advance of such election and voting at such election
may be by person, by proxy, or by letter ballot. Each member of
the industry eligible (as defined by Section 10 of this Article) shall
have one (1) vote. Not more than one (1) representative of the
same member of the industry may serve on the Code Authority at
SECTION 4. The representative or representatives who may be ap-
pointed by the Administrator together with the Administrator shall
be given notice of and may sit at all meetings of the Code Authority
and any agency thereof.
SECwON 5. Each trade or industrial association directly or. in-
directly participating in the selection or activities of the Code Au-
thority shall (1) impose no inequitable restrictions on membez~hip
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 neces-
sary to effectuate the purposes of the Act.
SECTION 6. In order that the Code Authority shall at all times be
truly representative of the industry 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 change in personnel or modification of the method
of selection of the Code Authority.
SECTION 7. Nothing contained 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 anyone for any act of any other member, officer, agent, or em-
ployee of the Code Authority. Nor shall any member of the Code
Authority exercising reasonable diligence in the conduct of his
duties hereunder, be liable to anyone for any action or omission to
act under the Code, except for his own willful malfeasance or non-
SECTION 8. The Code Authority shall have the following powers
and duties to the extent permitted by the Act; provided, however,
that if the Administrator shall at any time determine that any
action of the Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest., the Administrator may
require that such action be, suspended to afford an opportunity
for investigation of the merits of such action and further con-
sideration by the Code Authority or agency pending final action,
which shall not be effective unless the Administrator approves or
unless he shall fail to disapprove after thirty (30) days' notice to
him of intention to proceed with such action in its original or
(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, subject to such rules and regulations as the Administrator
(b) To adopt by-laws and rules and regulations for its procedure
and for administering and facilitating the 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 pro-
vide 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, to such Federal and State agencies as he
may designate; provided that nothing in this Code shall relieve any
member of the industry of any existing obligations to furnish re-
ports 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
(d) To use such trade associations and other agencies as it deems
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 coor-
kination of the administration of this Code with such other codes, if
any, as may be related to the industry.
(f) To appoint a trade practice committee which shall meet with
the trade practice committees appointed under such other codes as
may be related to this industry for the purpose of formulating fair
trade practices to govern the relationships between production and
distribution employers under this Code and under such others to the
end that such fair trade practices may be proposed to the Adminis-
trator as amendments to this Code and such other codes.
(g) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industry who
are complying with this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions and measures for industrial control, including
stabilization of employment.
(i) To establish minimum standards of quality of material, work-
manship, operation and installation of the products of the industry,
provided that nothing herein contained shall be applied to restrict
development or advancement of the industry or to prevent any mem-
ber from manufacturing any industry products, or perfecting devel-
opments or making changes or additions.
SECTION 9. It being found necessary to support the Administra-
tion of this Code, in order to effectuate the policy of the Act and
to maintain the standards of fair competition established hereunder,
the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations
out of funds which shall be held in trust for the purposes of the
Code and raised as hereinafter provided.
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary;
(1) An itemized Budget of its estimated expenses for the fore-
going purposes, and
(2) An equitable basis upon which the funds necessary to sup-
port such Budget shall be contributed by all members of the in-
dustry entitled to benefits accruing from the maintenance of such
standards, and the Administration thereof.
(c) After such Budget and basis of contribution have been ap-
proved by the Administrator, to determine and collect equitable
contributions as above set forth and to that end, if necessary, insti-
tute legal proceedings therefore in its own name.
SEM ooN 10. Each member of the industry shall pay his or its
equitable contribution to the expenses of the maintenance of the
Code Authority, determined as hereinabove provided, and subject
to rules and regulations pertaining thereto issued by the Adminis-
trator. Only members of the industry complying with the Code
and contributing to the expenses of its administration as herein-
above provided, unless duly exempted from making such contribu-
tions, shall be entitled to participate in the selection of members of
the Code Authority or to receive the benefits of any of its voluntary
activities or to make use of any problem or insignia of the National
SECTION 11. The Code Authority shall neither incur nor pay any
obligation in excess of the amount thereof as estimated in its.ap-
proved Budget, except upon approval of the Administrator; and
no subsequent Budget shall contain any deficiency item for expendi-
tures in excess of prior budget estimates except those which the
Administrator shall have so approved.
ARTICLE VII-PUBLICTY OF PRICES, TERMS, CONDITIONS OF SALE AND
SECTION 1. Within ten (10) days after the election of the Code
Authority of this Code, every member of the industry shall file and
shall maintain on file with the Code Authority, or with such agency
as the Code Authority may designate, the member's most recently
published catalogue, specifications, price lists, discounts applicable
thereto, and terms and conditions of sale for all his standard prod-
ucts. Such lists and/or discounts shall include all terms and condi-
tions of sale to each of the member's class of trade provided, how-
ever, that no price and/or discount applicable thereto shall provide
for less than the member's cost pursuant to Sections 6 and 7 of this
Article. A complete schedule of all such catalogues, specifications,
price lists, discounts applicable thereto, and terms and conditions of
sale for all his standard products shall be immediately distributed
by the Code Authority to all members of the industry. Each mem-
ber of the industry shall also, upon request of the Code Authority,
report to the Code Authority prices quoted and prices received and
all other terms and conditions of sale on individual closed transac-
tions in such detail as the Code Authority may prescribe. These
reports shall be summarized by the Code Authority and distributed
to those members of the industry who manufacture and sell identical
or similar products as defined in Section 2 of Article II.
SECTION 2. Each member of the industry shall have the right, in-
dividually, to file new prices, discounts, terms, and conditions of
sale, from time to time, as herein provided. In the event of any
change by any member of the industry in any price, discount, speci-
fication, term or condition of sale, he shall file full and complete
copies of every such change with the Code Authority on the tenth
(10th) day in advance of the effective date of any such change, the
filing of these copies to be in sufficient quantity to permit copies with
notice of the effective date of such change to be immediately dis-
tributed by the Code Authority to the members of the industry who
may file, if they so desire, revisions of their prices, discounts, speci-
fications, terms or conditions of sale which, if filed in not less than
five (5) days prior to such effective date, shall be effective on the
same such effective date.1
SSee paragraph 2 of order approving this Code.
SEcrox 3. Such catalogues, specifications, price lists, discounts,
and terms and conditions of sale together with any changes thereto
shall be available and open to inspection at all reasonable times by
any interested party.
SECTION 4. No member of the industry shall directly or indirectly
pay a rebate, allow a deduction, sell or offer to sell or otherwise dis-
pose of any of the standard products of this industry or furnish
atessories or parts thereof or any service at any time at more favor-
able prices, terms and/or conditions of sale than those then in effect
and filed in the manner described herein.
SECTION 5. No member of the industry shall render any service
other than advice and consultation to any purchaser of any product
of the industry in connection with the sale or installation of any
product unless a schedule of such services shall have been previously
filed with the Code Authority pursuant to the provisions of this
Article, and unless fair compensation for such service shall be paid
StaCTON 6. Pending the adoption and use of an approved cost ac-
counting system or methods, as provided herein, each member of the
industry shall determine its individual costs in accordance with such
cost accounting system or method customarily used by such member.
SBcnoN 7. The Code Authority shall cause to be formulated an
accounting system and methods of cost finding and/or estimating
capable of use by all members of the industry. After such system
and methods have been formulated and approved by the Adminis-
trator, full details concerning them shall be made available to all
members. Thereafter, all members shall determine and /or estimate
costs in accordance with the principles of such methods.
SECTION 8. When the Code Authority determines that an emer-
gency exists in this industry and that the cause thereof is destructive
price-cutting such as to render ineffective or seriously endanger the
maintenance of the provisions of this Code, the Code Authority may
cause to be determined the lowest reasonable cost of the products of
this industry, such determination to be subject to such notice and
hearing as the Administrator may require. The Administrator may
approve, disapprove, or modify the determination. Thereafter, dur-
ing the period of the emergency, it shall be an unfair trade practice
for any member of the industry to sell or offer to sell any products
of the industry for which the lowest reasonable cost has been de-
termined at such prices or upon such terms or conditions of sale that
the buyer will pay less therefore than the lowest reasonable cost of
When it appears that conditions have changed, the Code Authority,
upon its own initiative or upon the request of any interested party,
shall cause the determination to be reviewed.
ARTICLE VIII-TRADE PRACTICE RULES
General Definition.-For all purposes of the Code the acts de-
scribed 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. No member of the industry shall maliciously induce or
attempt to induce the breach of an existing oral or written contract
between a competitor and his customer or source of supply, or inter-
fere with or obstruct the performance of any contractual duties or
RULE 2. No member of the industry shall defame competitors by
falsely imputing to them dishonorable conduct, inability to perform
contracts, questionable credit standing, or by other false represerita-
tions, or by the false disparagement of the grade or quality of their
RULE 3. No member of the industry shall make or cause or know-
ingly permit to be made or published any false, materially inaccurate
or deceptive statement by way of advertisement or otherwise, whether
concerning the grade, quality, quantity, substance, character, nature,
origin, size, finish, or preparation of any product of the industry, or
the credit terms, values, policies, or services of any member of the
industry, or otherwise, having the tendency or capacity to mislead
or deceive customers or prospective customers.
RULE 4. No member of the industry shall secretly pay or allbw
rebates, refunds, commissions, credits, or unearned discounts, whether
in the form of money or otherwise, or extend to certain purchasers
special services or privileges not extended to all purchasers on like
terms and conditions.
RULE 5. No member of the industry shall give, permit to be given,
or offer to give, anything of value for the purpose of influencing or
rewarding the action of any employee, agent, or representative of
another in relation to the business of the employer of such employee,
the principal of such agent or the represented party, without the
knowledge of such employer, principal, or party. This provision
shall not be construed to prohibit free and general distribution of
articles commonly used for advertising except so far as such articles
are actually used for commercial bribery as hereinabove defined.
RULE 6. No member of the industry shall make deceptive or mis-
leading bids to secure an award as low bidder and subsequently make
changes in quality, quantity, terms and conditions of sale for the
purpose or with the effect of misleading the buyer.
RULE 7. NO member of the industry shall recall or revise or offer
to recall or revise any quotation, proposal or bid, whether oral or
written (submitted in competition to a prospective purchaser) for
the purpose or with the intent of submitting a more favorable price,
discount, term or condition of sale unless and until there has been
a bona fide revision in the plans, specifications or other estimating
or purchasing data forming the basis of the prior quotation proposal
or bid or unless and until the prospective purchaser has requested
revised bids for the materials, labor or service involved.
RULE 8. No member of the industry shall combine quotations or
contracts for any product of this industry with any quotation or
contract for any other material, labor, or service, for the purpose
and with the intent or effect of concealing the true selling price of
the product of this industry.
RULE 9. No member of the industry shall omit from its quotation,
proposal, or bid, any material, labor, or service required and/or
called for by the plans, specifications, or other estimating or purchas-
ing data in order to avoid full responsibility for the complete -com-
phance with all provisions of such plans, specifications, or other
estimating or other purchasing data or for the purpose and with
the intent of subsequently informing the purchaser that such omitted
material, labor, or service was included, in order to underbid a
RuLE 10. No member of the industry shall post-date or pre-date
aj contract, invoice, quotation, or receipt, withhold from or insert
in any contract, invoice, quotation, or receipt any statement which
makes such contract invoice, quotation, or receipt an inaccurate
statement either in whole or in part or accept or offer to accept any
such contract with the effect of injuring the business of a competitor
or violating the provisions of this Code.
RULE 11. No member shall publish or circulate threats or suits for
infringement of patents or trade-marks or of any other legal pro-
ceedings not in good faith, with the tendency or effect of harassing
competitors or intimidating their customers.
RULE 12. No member of the industry shall dispose of dropped lines,
seconds, distressed merchandise, obsolete items or inventories, at
less-than cost, unless and until a statement in writing is filed with
the. Code Authority not less than fourteen (14) days in advance of
snac disposal setting forth details of and the necessity for each such.
RULE 13. No member of the industry shall directly or indirectly
sell or offer to sell or otherwise dispose of any of the products of this
industry or furnish accessories or parts thereof or perform any
service below its cost ascertained pursuant to Sections 6 and 7 of
Article VII, except to meet quoted competition of a member of the
industry whose costs are lower, and which quoted competition is not
in violation of the Code.
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of sub-section (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regula-
tion issued under 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
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and to
become effective on approval of the Administrator. Any such appli-
cation may be made by the Code Authority.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress or discrim-
inate against small enterprises.
ARTICLE XI-PRICE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases, except such as may be required to meet individual cost,
should be delayed. But when such increases are made, they should,
so far as possible, be limited to actual additional increases in It#e
No member of the industry shall engage in any subterfuge for the
purpose or with the intent or with the effect of defeating the provi-
sions of the Act or of this Code.
ARTICLE XII-REGISTRATION OF MEMBERS OF THE INDUSTRYl
Every person subject to this Code of Fair Competition shall com-
ply with the rules and regulations of the Administrator as to the
registration with the Code Authority, or such other agency as the
Administrator may direct and including, but without limitation, the
number of shops, establishments or separate units thereof and their
location, as well as each additional shop, establishment or separate
unit opened after registration.
ARTICLE XIV-INSTALLATION (FIELD ERECTION)
The maximum hours, the minimum wages and conditions of em-
ployment of all persons engaged in the installation of public seating
shall conform to the maximum hours, the minimum wages, and con-
ditions of employment provided in the appropriate code or codes in
the construction industry as approved by the President.
ARTICLE XV-EFFECTIVE DATE
This Code shall be effective on the second Monday after approval
by the President of the United States.
Approved Code No. 477.
Registry No. 312-21.
CHUnOH FURNITURE AND AccEssoOrES
Holy Water Fonts
Narthex Benches and
Organ Console Cases
Organ Console Screens
CHURCH PEWS AND ACCESSORIES
Back and Seat Supports Communion Glass Hold- Front Screens
Body ers Guards
Upholst e r e d Communion Glass Silenc- Kneelers
Backs or ers Rear Aprons
Seats Unuphol- Convent Stalls Rear Screens
stered Divisions Seat Supports
Book Racks Ends (Pew and Wall) Talis Boxes
Card Holders Envelope Holders Wall Boards
LODGE OR FRATERNAL BUILDING FURNITURE
Lesser Light Pedestals
Class Room Benches and
SUNDAY SCHOOL FURNITURE
and Register Desks
Col- Tilers' Tables
Petition Blank Cabinets
UNIVERSITY OF FLORIDA
1llil i lllli lli llllill iii 11l1ll,
3 1262 08583 0437
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