Code of fair competition for the scientific apparatus industry

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Material Information

Title:
Code of fair competition for the scientific apparatus industry as approved on November 14, 1933 by President Roosevelt
Portion of title:
Scientific apparatus industry
Physical Description:
ii, 31-45 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:
Scientific apparatus and instruments 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:
"Approved Code no. 114."
General Note:
"Registry no. 1330-1-01."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931458
oclc - 31967310
System ID:
AA00008302:00001

Full Text




Approved Code No. 114 Registry No. 1330-1-01


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


SCIENTIFIC APPARATUS

INDUSTRY


AS APPROVED ON NOVEMBER 14, 1933
BY
PRESIDENT ROOSEVELT


WE DO OUR PART


1. Executive Order
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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents


Approved Code No. 114


Registry No. 1330-1-01
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district otiices 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.
SDetroit, Mich.: 2213 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, Minu.: 213 Federal Building.
New Orleans. La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk. Va.: 406 East Plume Street.
Philadelphia. Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Bui;ling.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Building.
(II)


















EXECUTIVE ORDER


CODE OF FAIR COMPETITION FOR THE SCIENTIFIC APPARATUS 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 my approval of a Code
of Fair Competition for the Scientific Apparatus Industry, and hear-
ings having been held thereon and the Administrator having ren-
dered his report containing an analysis of the said code of fair
competition together with his recommendations and findings with
respect thereto, and the Administrator having found that the said
code of fair competition complies in all respects with the pertinent
provisions of title I of said act and that the requirements of clauses
(1) and (2) of 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 is hereby approved.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE,
November 14, 1933.
Approval recommended:
HUGH S. JOHNBON.
Administrator.
(fml)


21125---244--5---33













NOVEMBER 9, 1933.
The PRESIDENT,
The White Houe.
SmI: A public hearing on the Code of Fair Competition for the
Scientific Apparatus Industry of the United States, submitted by
the Scientific Apparatus Makers of America, located at 12 South
Twelfth Street, Philadelphia, Pennsylvania, a s conducted in Wash-
ington, D.C., on the 21st of September, 1933, in accordance with the
provisions of the National Industrial Recovery Act. The Associa-
tion claims to represent 80 percent of the industry.
The maximum hours provided in the Code are 40 per week, with
ample provision for emergencies and peak periods, and providing
time and one half for all hours in excess of the maximum for produc-
tive employees. The average workweek in 1928 was 45 hours; in
1929 it was approximately 48 to 50 hours.
The minimum wage provided in the Code is $15.00 per week. The
Code contains a clause providing for an equitable adjustment of
wages above the minimum subsequent to June 16, 1933.
The inclusion of the products covered by this Code is logical from
the standpoint of the trade, but because the various products in-
cluded in this Code cut across all Census Classifications, including
some under the Code which are not included in Census Classifications
and excluding others which are included as Scientific Apparatus, it
is impossible to get any definite statistical data regarding the
industry.
There were about 16,000 employees in 92-94 establishments re-
ported during 1929. Approximately 12,000 were employed in 110
concerns reporting in August 1933. To raise employment to the
level of 1929 or 1931, the peak production years in this industry,
would require the adoption of 18 to 24 hours per week, depending
upon which year was chosen. Such a limitation would undoubtedly
be unjust to the manufacturers and to the workers. The increase in
prices to the consumer would be prohibitive, should such provisions
be adopted.
FINDINGS

The Administrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act including, without limita-
tion, subsection (a) of Section 7, and subsection (b) of Section 10
thereof; and that
(b) The Scientific Apparatus Makers of America, the applicant
group herein, imposes no inequitable restrictions on admission to
membership and is truly representative of the Scientific Apparatus
Industry; and that
(c) The Code as recommended is not designed to promote monop-
olies or to eliminate or oppress small enterprises and will not operate







V A

to discriminate against them, and will tend to effectuate the policy of
Title I of the National Industrial Recovery Act.
This industry has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From evidence
adduced during this hearing and from recommendations and reports
of the various Advisory Boards it is believed that this Code as now
proposed and revised represents an effective, practical, equitable
solution for this industry and its approval as herewith submitted is
recommended.
Respectfully,
HUcii S. JOHNSON,
Administrator.









































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CODE OF FAIR COMPETITION FOR THE SCIENTIFIC
APPARATUS INDUSTRY

ARTICLE I-PURPOIES

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 Scientific Apparatus Industry, and upon
approval by the President shall be the standard of fair competition
for such industry and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

1. As used herein, the term "Scientific Apparatus Industry",
shall be taken to mean the manufacture for sale and the sale as units
by the manufacturer, and/or the distribution of scientific and
technical apparatus and equipment; such as-
Astronomical Apparatus.
Aviation Instruments.
Bacteriological and Biological Apparatus.
Chemical Apparatus and supplies (for laboratory use only).
Combustion Regulators.
Combustion Measuring Instruments.
Controllers for Pressure, Temperature, Level, etc.
CO and CO2 Meters.
Electlrial Measuring Instruments.
Flow Meters and Fluid Meters.
Gas Analysis Instruments.
Glassware, optical and fabricated laboratory.
Hardness Testers.
Hydrometers.
Hygrometers and Humidity Instruments.
Laboratory Equipment, Furniture, and Accessories.
Liquid Level Gages. industrial
Metallurgical Instruments
Meteorological Instruments
Nautical Instruments
Operation Recorders
Optical Instruments
Physical, Physiological, and Psychological Instruments and Apparatus
Porcelain (Laboratory and Technical)
Pressure and Vacuum Gages
Physical Testing Instruments and Apparatus
Py rometers
Recording, Indicating, and Controlling Instruments
Regulators
Resistance Meters
Scientific and Analytical Balances
Surveying, Engineering, and Drafting Instruments and Blueprint and
Similar Reproduction Papers
Tachometers, industrial
Thermometers








and like instruments and equipment for scientific or technical use;
but exclusive of opthalmic instruments.
(a) The provisions of this Code shall not be so interpreted as to
conflict with the provisions of the Retail Code.
2. The term employee as used herein includes any person en-
gaged in any phase of the industry, in any capacity, receiving com-
pensation for his services, irrespective of the method of payment
of such compensation, and shall include all proprietors, partners,
supervisors, and foremen when actually engaged in productive work.
3. The term "employer" as used herein includes any person en-
gaged in the manufacture and/or distribution of the products of
the Scientific Apparatus Industry.
4. The term member of the industry as used herein includes
anyone engaged in the industry as defined above.
5. The terms "President", "Act", and "Administrator as used
herein shall mean, respectively, the President of the United States,
the National Industrial Recovery Act, and the Administrator of
said Act.
ARTICLE III-HOURS

1. No employee, except outside salesmen, engaged by any employer
in any office, or in any accounting, clerical, service, or sales depart-
ment shall be employed for more than forty (40) hours in any one
week, except as provided in subparagraphs 2, 3, 4, 5, and 6.
2. No factory or mechanical worker or artisan shall be employed
for more than a maximum week of forty (40) hours, except as pro-
vided in subparagraphs 4 and 6.
3. The maximum hours fixed in the foregoing paragraphs shall not
apply to employees in a managerial or executive capacity, nor to
planners, technical and research engineers who receive $35.00 per
week or over.
4. Employees on emergency repair and maintenance work, or in
special instances where the restrictions of hours of highly skilled
workers would unavoidably reduce production or limit the work
available to other workers, may work not more than forty-eight (48)
hours per week, provided that at least time and one half shall be
paid for hours worked in excess of forty (40) hours per week.
5. Watchmen, janitors, and elevator operators may be employed in
pairs or shifts and shall work not more than thirty-six (36) and
forty-eight (48) hours on alternate weeks or an average of forty-two
(42) hours per week per man.
6. To care for seasonal or peak demands employees mentioned in
paragraphs 1 and 2 may work for not more than forty-eight (48)
hours per week for periods aggregating not more than six weeks in
any six months' period, provided that at least time and one half shall
be paid to employees mentioned in paragraph 2 for all hours per
week over forty (40).
7. No employee shall work or be permitted to work for a total
number of hours in excess of the number of hours herein prescribed,
whether he be employed by one or more employers.








ARTICLE IV-WAGES

1. No employee shall be paid less than at the rate of fifteen dollars
($15.00) per week for forty (40) hours (or thirty-.-even and one half
cents (371/2) per hour), except as provided in paragraphs 2 and 3.
2. Factory, mechanical workers, and artisans shall be paid not less
than forty cents (400) per hour unless the hourly rate for the same
class of work on July 15, 1929, was less than forty cents (40) per
hour, in which latter case employees shall not be paid less than the
hourly rate on July 15, 1929, and in no event less than 30 per hour
except as provided in paragraph 3 of this Article.
3. Learners, office boys and girls under eighteen (18) years of age,
and old or partially disabled employees shall be paid not less than
80 percent of the minimum wages set forth in paragraphs 1 and 2
of this Article; but the maximum number of learners and office boys
and girls and old or partially disabled employees shall not exceed
in any calendar month five percent of the total number of employees,
except that where the total number of employees is less than eighty
four employees may be so classified, and where the total number of
employees is less than twenty-five (25), three employees may be so
classified.
4. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on time rate, or piecework
performance, or other basis.
5. Employers shall endeavor to adjust the compensation of em-
ployees receiving less than thirty-five dollars ($35.00) per week in
equitable relation to the minimum rates provided in this Article,
unless such adjustments have been made subsequent to June 16, 1933.
6. Female employees performing the same work as male employees
shall receive the same rates of pay as male employees.
7. All home work is prohibited after the effective date of this Code.

ARTICLE V---GEERAL LABOR PROVISIONS

1. No person under sixteen years of age shall be employed in the
industry, nor anyone under eighteen years of age at operations or
occupations hazardous in nature or detrimental to health. The Code
Authority shall submit to the Administrator before January 1, 1934,
a list of such occupations. In any State an employer shall be deemed
to have complied with this provision if he shall have on file a certifi-
cate 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.
2. 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.
3. 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
21125"-244--5---33-2








4. Employers shall comply with the maximum hours of labor
nlinimulm rates of pay, and other conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on the employer
regulating the age of employees, wages, hours of work, or health.
fire, or geiieral working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the
Act.
7. Each employer shall post and keep posted in conspicuous
places full copies of the wage and hour provisions of this Code.

ARTICLE VI-ADMINISTRATIN

To further effectuate the policies of the Act a Code Authority
is hereby established to cooperate with the Administrator in the
administration of this Code.
SECTION 1. Organization and constitution of Code Authority.
(a) The Code Authority shall consist of nine members of the
industry or such other number as may be approved from time to time
by the Administrator, to be selected by a fair method of selection.
The President, in his discretion, may appoint not more than three
additional members, without vote, to represent the Administrator or
such groups or interests as may be designated.
(b) The Code Authority shall be selected from the following sec-
tions of the Scientific Apparatus Industry:
Industrial Instruments Laboratory Suppliers
Clinical Thermometers Laboratory Furniture
Automatic Contruls Surveying, Drafting, Coaters
Optical Instruments
Aeronautical, Nautical, and Military
Instruments
(c) As conditions may warrant or make desirable, new sections
may be added, or any or all of the above-mentioned sections may be
combined or abolished.
(d) Each section shall elect its own Executive Committee an-
nually, and as the general planning and coordinating agency of the
particular section, it shall be charged with the following duties:
(1) The election of a Manager through whom it may discharge
any of its fiuniction., the manager to be representative of the Section
in all dealings with Governmental Authorities and to make such
agreements with such Authorities in behalf of the Section as may
be advisable and/or necessary, subject to rules worked out by the
Sectinnal Executive Committee.
(2) Receiving and transmitting to the Code Authority such re-
ports and records as may be necessary to effect the purposes of this
Code, such reports and records to be held in strict confidence by the
Manager and not to be accessible to any other member, except such
information as is authorized for distribution to the industry or to
the public.
(e) Each Section may be independent and self-governing with
respect to all conditions and problems relating exclusively to the








said section, subject to the approval of the Code Authority and the
Administrator.
(f) Proposals in respect to matters affecting more than one sec-
tion may be initiated by any Section affected, and shall be sub-
mitted for consideration to the Code Authority and the Sectional
Executive Committees affected thereby, and with tliw approval of
the Administrator such proposal shall be binding upon the propos-
ing Section and all other Sections thereby affected.
SEC. 2. The Scientific Apparatus Makers of America shall be the
agency under the Code Authority for administering the provisions
of this Code. The Association shall (a) impose no inequitable re-
strictions on membership, and (b) submit to the Administrator true
copies of its Articles of Association, Bylaws, Regulations, and any
amendments when made thereto, together with such other informa-
tion as to membership, organization, and activities as the Adminis-
trator may deem necessary to effectuate the purposes of the Act.
SEC. 3. 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 provide such hearings
as he may deem proper; and thereafter, if he finds 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. 4. The Code Authority shall have the following duties and
powers to the extent permitted by the Act, subject to the right of the
Administrator on review to disapprove or modify any action taken
by the Code Authority:
(a) Collect and receive reports; such reports to be held in con-
fidence, except for such information as is authorized for distribution
to the entire industry.
(b) Forward the necessary substance of reports to the President,
as may be required by the Administrator.
(c) Make recommendations to the Administrator.
(d) Administer this Code of Fair Practices within the industry.
(e) Administer such fiscal policy and affairs within the industry
as may be necessary to the formulation and continued application
of this Code.
SEC. 5. No inequitable restrictions on admission to membership in
the Scientific Apparatus Makers of America ", or any other trade
association or organized group, participating in the activities of the
Code Authority shall be imposed, and any member of the industry
shall be eligible for membership in any such trade association or
organized group upon compliance with the provisions of the bylaws
relating to membership, provided that any person applying for
such membership shall, in addition to the payment of such dues as
are imposed and paid by all other members, accept a reasonable and
equitable share of the cost of code development and administration.
Such members of the industry who do not choose to become members
of any trade association or organized group may participate in the
activities of the Code Authority as herein provided by paying to
the Code Authority such proportionate part of the cost of code
development and administration as the Code Authority, subject to
the Administrator's approval, shall prescribe as fair and equitable.








SEC. 6. In addition to the information required to be submitted to
the Code Authority there shall be furnished to the Administrator
such statistical information as he may deem necessary for the pur-
poses recited in Section 3 (a) of the Act.
ARTICLE VII-TRADE PRACTICES
1. The following provisions shall apply to all sections of this
industry but only to business done in continental United States and
its territories, and not to its insular possessions, and not to exports to
foreign countries.
2. Price Lists and Discount Sheets.-When the Manager deter-
mines that its is the general practice to sell any specified product on
the basis of published net price list, or price lists with discount sheets,
each employer shall-
(a) Within ten days after notice from the Manager, file with him
a statement of sales policy, including prices, discounts, and condi-
tions of sale to all recognized classes of buyers.
(b) Not file any net price on any such product which is below
the cost of production as ascertained by a uniform cost-accounting
system to be adopted by the section and approved by the Adminis-
trator; provided, however, that any member of the section may sell
below his cost of production to meet price competition in any specific
instance by selling his product at a price not less than the lowest
price of a comparable item on file with the Manager.
(c) When prices or discounts are changed, revised price lists
and/or discount sheets shall be filed with the Manager, to become
effective within a reasonable time, but in no case later than fifteen
(15) days after receipt of said price list and/or discount revisions.
3. Standard forms and methods of bidding.-Each section may
from time to time adopt (a) standard forms of bids proposals, con-
tracts, guarantees, terms of sale, and similar standard forms, and
(b) standard methods of bidding, settlement of insolvent accounts,
and similar items. When such standard forms or methods are
adopted by the Section and approved by the Administrator the
scope and extent of their use shall be as specified, and they shall be
commonly and uniformly used by all employers in the section.
4. These practices described in the following subparagraphs are
declared to be unfair.
(a Bids and quotations.-No employer shall:
1) Quote a total price on any schedule of products which does
not show, or which is lower than the sum of the regular unit prices
of the articles comprising the schedule; unless the reduction is in
accord with his regularly published discounts and/or terms;
(2) Attempt to have all bids rejected to the end that a more ad-
vantageous position may be secured in the new bidding;
(3) Offer credits, allowances, or discounts, for the purpose of
altering retroactively a quoted price or of creating price discrimina-
tions;
(4) Sell or offer for sale special products which are not covered
by his published price list, at net prices more favorable to the pur-
chaser than the lowest published net price of a similar stock item
of comparable grade.








(5) Sell, or offer for sale, dropped lines, obsolete products, or
inventories which must be converted into cash, except as approved
by the Manager. Damaged or discontinued items may be sold
singly and not as part of a bid, but no such products shall be included
in a bid with regularly li-ted itoms.
(6) Submit deceptive or misleading bids to secure the award as
low bidder and subsequently make changes in materials, finish,
transportation allowances, installation charges, or any other changes
from original bid or proposals.
(7) Guarantee a bid against a change in price beyond a maximum
of sixty days.
(b) Guaranees..-No employer shall promise a better performance
nor make a higher guarantee than experience in the art and his
experience will warrant.
(c) Special Allowances.-No employer shall grant, or offer to
grant, secret rebates, refunds, or special privileges.
(d) Commercial Bribery.-No employer shall-
() Gives or offer to give money or other valuable considerations
to customers or prospective customers (or their agents or represent-
atives) for the purpose of influencing their good will or purchases,
or to employees of competitors; provided nothing herein shall be in-
terpreted as prohibiting free and general distribution of articles
commonly used for advertising.
(2) Pay fees, royalties, or other valuable consideration to any
persons in the employ of a purchaser or prospective purchaser, for
the purpose of influencing the good will and/or purchases of such
employee or his or her employer.
(3) Employ "local agents to supplement regular salesmen, dis-
tributors, or resident agents with the intent of exerting improper
local influence on a prospective customer.
(e) Other Unfair Practices.-No employer shall:
(1) Render a false or misleading invoice or credit.
(2) Induce or attempt to induce the breach of existing contracts
between competitors and their customers by any false or deceptive
means whatsoever, or interfere with or obstruct the performance
of any such contractual duties or services, by any such means with
the purpose of unduly hampering, injuring, or embarrassing competi-
tors in their business.
(3) Deceitfully defame the character, ability, credit standing, or
other attributes of a competitor, or falsely disparage the quality
of his products or service.
(4) Deceitfully imitate the design, lot number, product number,
style pattern, trade mark, trade name, slogan, illustration, descriptive
text, or other marks of identification of any competitor's products.
(5) Publish false information regarding the products of his own
or of his competitor, by word of mouth or otherwise.
(6) Circulate threats of suit for infringement of patents or trade
marks among customers of a competitor for the purpose of harassing
and intimidating customers, and not in good faith.
(7) Accept bonds, stocks, or other evidences of ownership,
doubtful value, in partial or full payment for employer's products,
unless such be accepted at their current open market value, or unless
accepted in settlement of insolvent accounts;








S(8) Knowingly ship or deliver products which do not conform to
the samples submitted or representations made prior to securing the
order.
ARTICLE VIII-MODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
.iions of subsection (b) of Section 10 of Title I of the National
Industrial 'Recovery Act, from time to time to cancel or modify
any order, approval, license, rule, or regulation issued under 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.
2. 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 application to the Administrator and
such notices and hearing as he shall specify, and to become effective
on approval of the President, unless otherwise provided.
ARTICLE IX-MONOPOLIES, ETC.

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 X-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and serv-
ices increase as rapidly as wages, it is recognized that price increases
should be delayed and that, when made, the same should, so far as
reasonably possible, be limited to actual increases in the seller's costs.
ARTICLE XI-EFFECTIVE DATE

This Code shall become effective on the second Monday after its
approval by the President.
ARTICLE XII-SUPPLEMENTARY PROVISIONS

The following schedules (A, B, C, and D, inclusive) are supple-
mentary to, and constitute part of, the Code of Fair Competition for
the Scientific Apparatus Industry. Such schedules apply only to
those particular sections indicated by the specific headings.
Any provision of any supplementary Code, that may be incon-
sistent with the provisions of the General Code, shall prevail.
















SCHEDULE A


SUPPLEMENTARY CODE FOR THE INDUSTRIAL INSTRUMENT SECTION

1. Bids and Quotations.-(a) No employer shall sell, or offer to sell, directly
or indirectly, any product of the industry covered by the provisions of the Gen-
eral Code, paragraph 3, Article VII, at a price lower or at a discount greater
or on more favorable terms of payment than those provided in his current
price list and discount sheets; except an employer may sell below his pub-
lished net price, but not below the lowest published ntt price filed with Man-
ager and then in effect, in order to meet existing competition on products of
equivalent design, character, quality, or specifications, providedd a true copy
or abstract of such quotation shall, after the business has been phlced or
definitely abandoned, be sent to the Manager, unless the bids have already been
officially made public.
(b) All quotations and/or billings specifying the labor of installation or
supervision of the product shall include a charge of not less than $15.00 per
man-day, or proportionate amounts thereof for portions of a day, plus travel-
ing expenses or a pro rata share of such expenses where more than one call
is made per day.
(c) It is the policy of the Industry that all bids, proposals, or contracts shall
be terminated within ninety (90) days after the effective date, or revised in
accordance with the provisions of this Code.
(d) Allowances for old apparatus taken in part payment for new shall be
subject to the following limitations:
(1) The old apparatus shall not exceed in quantity and shall be equiva-
lent in type to the new.
(2) The price allowed for the old apparatus shall not exceed 10 percent
of the prevailing price of like, new apparatus; or if more than 10 percent,
shall be not more than the fair cash market value.
2. Terms of Sale.-The terms of sale of each employer shall be uniform and
uniformly applied. All quotations shall be f.o.b. shipping point or transportation
charges shall be added. Cash discounts shall not exceed one percent for cash
in ten days or less time. The Section Executive Committee shall formulate,
and may from time to time amend, provisions covering terms of sale.
3. Warranty.-No employer shall guarantee more in regard to the material,
workmanship, or design of his erluipme-nt than is done by the following standard
warranty:
We warrant each new instrument manufactured and/or sold by us to be
free from defects in material, workmanship, and design; our obligation under
this warranty being limited to repairing or replacing any instrument or part
thereof which shall, within one year after delivery to the original purchaser,
prove by our examination to be thus defective."
4. Service Charges.-Unless the seller's product or instructions pertaining
thereto is at fault, when service is requested by the customer, a charge of not
less than $15.00 per man-day or proportionate amount thereof for a portion of
a day, plus traveling expenses, or a pro rata share of such expenses where more
than one call is made per day, must be made for adjustment or repair service.














SCHEDULE B


SUPPLEMENTARY CODE FOR THE CLINICAL THERMOMETER SECTION
The following rules are a part of this Code as regards the ethics of the
Industry. It is understood and agreed that violation of any rule is a viola-
tion of the Code and constitutes unfair competition.
ARTICLE I-DEFINITIONS

1. A clinical thermometer blank is the complete clinical thermometer tube
blown, tested for scale and ready to be calibrated and sealed.
2. A blankmaker is one who manufactures clinical thermometer blanks.

ARTICLE II-STANDARDS

1. Each clinical thermometer manufactured or sold by an employer shall
conform in all respects with Commercial Standards CS 1-32 issued by the
Bureau of Standards of the United States. The process of seasoning shall
be deemed to have commenced at the time at which the blank is finished.
2. Each clinical thermometer sold by an employer shall have permanently
etched upon it the name or trade name and/or trade mark of the employer
who engraves it as a finished instrument. Trade names and/or trade marks
for this purpose shall be recorded with the Manager of the Section for
identification. No clinical thermometer shall be marked with any other
name or mark except as otherwise provided by State laws.
3. Each Clinical Thermometer must be accompanied by a certificate bearing
the manufacturer's name and guarantee that the clinical thermometer to which
it applies conforms to Commercial Standards CS 1-32 of the Bureau of Stand-
ards of the United States.
4. Blanks which are rejected by the purchaser for defects not possible of
repair shall be so marked by file, knife, or saw on the lens by such purchaser
as to make resale impossible. The vendor and purchaser shall first agree as to
the impossIbility of repair.
5. No importing distributor shall sell or offer for sale any blanks, or finished
clinical thermometers on which the name of the manufacturer and country of
origin are not permanently and legibly etched.
6. Each employer shall file with the Manager, within thirty (30) days after
the effective date, a schedule of his minimum list prices with discounts from
same or net prices, for quantity or class of trade. No reduction of minimum
list prices with discounts from same or net prices shall be permitted while
same are in effect. It shall be permitted, however, to file new minimum list
prices with discounts from same, or net prices from time to time provided that
no sales at the new figure shall be effected until at least ten (10) days have
elapsed from the date of receipt by the Manager, of the revised minimum prices.
7. Each clinical thermometer blankmaker shall file with the Manager the
minimum selling price at which he sells blanks. All blanks shall be seasoned
for one month by the blankmaker, this provision to become effective on and
after January 1, 1934.
(10)















SCHEDULE C


SUPPLEMENTARY CODE FOR THE LABORATORY SUPPLIES SECTION

ARTIOI. I-DEFINITIONS

For the purposes of administering these rules, the following definitions apply
1. A Consumer is an individual, firm, corporation, institution, establishment,
or a Federal, state, municipal, or other governmental department, purchasing
goods fur his or its own use and con-umption and not for resale.
2. A Dealer is a firm, corporation, or individual who carries a stock of labora-
tory apparatus and supplies sufficient to offer a distribution service of obvious
economic value to the producer and to the consumer.
3. A Wholesaler is a dealer who carries an adequate stock of laboratory
apparatus and supplies and who is authorized by manufacturers of trade-marked
or frn nchise items to carry out their distribution policies to other dealers, or a
dealer who sells merchandise under his own trade mark to other dealers for
resa le.
4. A Manufacturer's Agent is a firm, corporation, or individual who is the sole
representative of a manufacturer, domestic or foreign, for a specified district.

ARTICLE II

1. The retail prices to all consumers shall be the same, both on open orders
and on competitive bids and shall be the prices established by the individual
employer in his current list prices and/or discount sheets. They shall apply
alike on all orders for the same quantity of a given item taken at one time
and shipped to the same destination. Such prices shall be established inde-
pendently by each employer.
(a) No discounts, other than those established for specified packages and
quantities-and filed in member's current price schedule provided for in Para-
graph (b)--shall be allowed because of the purchase at one time of miscellaneous
assortments of any given value or because of the aggregate value of such orders
placed river any stated period of time.
(b) Each employer shall file with the Manager, within thirty days after the
effective date, a list of his current selling prices and discount sheets for all
laboratory apparatus and supplies carried in his stock, listed in his catalog, or
regularly offered by him for sale, including single, quantity, or package prices
to consumers. No employer shall sell or offer to sell any produr-t of this
industry at a price less or on conditions different from those established by
his own price lists and discount sheets.
(c) Terms to consumers shall be thirty days net or net payment on the 25th
proximo. No cash discounts shall be allowed.
(d) The granting of trade discounts or their equivalent by any manufac-
turer, manufacturers' agent or wholesaler, to any one in the laboratory supply
business who shall be found by the Section Administrator to be conducting his
business in a manner not conforming with this Code, constitutes a violation of
this Code.
(e) Nothing in this Code shall be interpreted as interfering with or dis-
turbing the relations between manufacturers or wholesalers and their chosen
dealers, when such relations are in accord with the provisions of this Code;
nor so interpreted as to restrict or otherwise obligate any manufacturer or
wholesaler in the free choice of dealers.
(f) Allowances for old apparatus taken in part payment for new shall be
subject to the following limitations:
(1) The old apparatus shall not exceed in quantity and shall be equiva-
lent In type to the new.
(2) The price allowed for the old apparatus shall not exceed ten percent
of the prevailing price of like new apparatus, or if more than ten percent, it
shall be not more than the fair cash market value.
(11)
















SCHEDULE D


SUPPLEMENTARY CODE FOR THE LABORATORY FURNITURE MANUFACTru SW' SECTION

Deftnition.-The term "Laboratory Furniture ", as used herein, means the
following products (made of wood or metal or both) with accessories.
I. Science Furniture and Equipment for laboratory use.
(a) Specialized laboratory furniture, with or without fittings and
accessories.
(b) General science and physics laboratory tables, with or without fit-
tings and accessories.
(c) Biology and agricultural tables.
(d) Chemistry and combination science tables and fume hoods.
(e) Dental, medical, and pharmacy laboratory tables.
(f) General laboratory furniture.
(g) Cases and cabinets for science laboratories and displays.
(h) Industrial laboratory tables.
(i) Electrical laboratory furniture.
II. Vocational Furniture and Equipment for laboratory use
(a) Art furniture.
(b) Woodworking and metal shop furniture.
III. Home Economic Furniture and Equipment for laboratory use.
(a) Domestic Science and dietetic laboratory furniture.
(b) Sewing room furniture and equipment for laboratory use.
(c) Educational classroom tables.
IV. Commercial Furniture for educational uses.
(a) Bookkeeping and typewriting room furniture.
V. Pharmacognosy desks and tables for laboratory use.
VI. Chairs and Stools for laboratory use.
(a) Chairs attached by mechanical means to fixed or movable furniture.
(b) Automatic adjustable stools and chairs.
Terms of Sale.-Terms shall be 30 days net, except when otherwise specified
by contract.
No cash discounts shall be allowed. If terms in excess of 30 days are allowed
or full payment is not made in 30 days, interest at the rate of 6 percent, or less
if so provided by State law, shall be charged for any balance unpaid after
80 days.
Trade Practices.-The following shall be unfair trade practices.
1. To discriminate either directly or indirectly in the prices charged to any
purchaser.
2. The prepayment of freight or express charges without charging therefore, or
the installation of equipment, at the expense of the manufacturer, with the
intent or with the effect of granting discriminatory credits or otherwise.
3. Submission of full-size samples of either stock or special items for the
inspection of prospective customers, except in the regularly maintained display
rooms of the manufacturer or his agent, in lieu of demonstrating sections.
4. The making of plans, drawings or layouts, and/or specifications for dis-
tribution by the prospective customer to competing employers for the purpose of
obtaining competitive bids, without bona fide agreement with the prospective
customers to pay the originator of said plans, drawings, layouts, and/or specifi-
cations an amount not less than the actual cost of such service.
5. Entering into "Term Contracts" covering a definite period of time for
indefinite quantities of furniture, without provision for reimbursement for actual
increases in cost of both labor and material over those current at time contract
is accepted.
6. The giving of guarantees on equipment in excess of a one-year guarantee
against defective materials and workmanship.
(12)









































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UNIVERSITY OF FLORIDA
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