Approved-Code No. 186
Registry No. 320-1-01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
END GRAIN STRIP
WOOD BLOCK INDUSTRY
AS APPROVED ON DECEMBER 30, 1933
UNIV. OF FL L1i2.
1. Exe utive Order
U.S. DEPO1T",letter oi Transmittal
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WASHINGTON : 1934
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Approved Code No. 186
CODE OF FAIR COMPETITION
END GRAIN STRIP WOOD BLOCK INDUSTRY
As Approved on December 30, 1933
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 End Grain Strip Wood Block Industry,
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 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 the said act and that the requirements of
clauses (1) and (2) of subsection (a) of section 8 of said act have
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.
HUGH S. JOHNSON,
Adm in istrator.
THE WHITE HOUSE,
December 30, 1933.
DECEMBER 20, 1933.
The White House.
SIR: This is a report on the Code of Fair Competition for the End
Grain Strip Wood Block Industry in the United States as revised
after the hearing conducted in Washington on October 12, 1933, in
accordance with the provisions of the National Industrial Recovery
PROVISIONS OF THE CODE AS TO HOURS, WAGES, AND GENERAL LABOR
2. This Article provides that no employee shall be permitted to
work in excess of forty (40) hours in any seven (7) day period or
eight (8) hours in any twenty-four (24) hour period or more than
five (5) days in any seven (7) day period, except that such hourly
and daily limitations do not apply to employees engaged in a mana-
gerial or executive capacity who earn not less than thirty-five dollars
($35.00) per week, or to travelling salesmen or to employees engaged
in emergency maintenance or emergency repair work. Further, an
exception is made to persons employed in clerical or office work per-
mitting such employees to work five and one half (5) days in any
seven (7) day period.
3. This Article establishes a minimum rate of pay at the rate of
forty ($0.40) cents per hour, except that employees employed in the
State of Arkansas shall be paid not less than thirty-five ($0.35)
cents per hour and persons employed in clerical or office work shall
be paid not less than fourteen dollars ($14.00) per week. This
Article also establishes a minimum rate of pay irrespective of
whether the employee is actually compensated on a time rate, piece-
work, or other basis. Further, female employees performing sub-
stantially the same work as male employees shall receive the same
rate of pay as male employees.
This Article also provides for an equitable adjustment of all wages
above the minimum and further, that the Code Authority may pre-
sent for the approval of the Administrator upward adjustments in
minimum wages for specified localities or occupations.
Overtime for all work in excers of the normal number of hours
per day or the normal number of hourl. per week, but not to exceed
six (6) hours in any seven (7) day period, except in cases of emer-
gency maiilltriinncii or o.'rgency repair work involving break-downs
or the protection of life or property, at the rate of one and one half
(1I,) times their normal rate of pay is provided for all employees
with the exception of those employees who earn more than thirty-
five ($35.00) dollars per week.
ARTICLE V-GENERIAL LAn,( n PROVISIONS
4. This Article provides that no per-on under sixteen (16) years
of age shall be employed in the indutry and no person under the
age of eighteen (18) years shall be employed in operaitioris or occ.u-
pations which are hazardous in nature or dauri:nerous to Ih.altl, and
that the Code Authority must submit to the Admini-strator within
thirty (30) days after the effective date of this Code a list of such
operations or occupations.
This Article embodies subparagraph (a) of Section 7 of Title I
of the National Industrial Recovery Act.
This Article further provides that employers shall not reclassify
employees or duties of occupations performed or engage in any
other subterfuge for the purpose of defeating the purposes of pro-
visions of the Act or of this Code.
This Article further provides that every employer shall provide
for the safety and health of his employees at the place and during
the hours of their employment.
This Article further provides that all employers shall post com-
plete copies of this Code in conspicuous places accessible to em-
ployees and that employers shall make payment of all wages due in
lawful currency or by negotiable check at specified pay periods.
ECONOMIC EFFECT OF THE CODE
5. The members of this industry manufacture and grain strip
wood blocks for floors, side walls, ceilings, furniture, accoustical
treatment, and decorative uses, for use in connection with construction
The report of the Research and Planning Division indicates that
this industry has grown rather rapidly in recent years. From one
establishment in 1928 employing 200 workers and having an esti-
mated productive capacity of $600,000.00, the industry has expanded
to the point where there are now nine (9) establishments employing
600 workers and having a productive capacity of $3,000,000.00.
During this same period, invested capital has increased three (3)
times and estimated annual sales about one and one half (1) times.
On the basis of man hours, the industry reached its production
peak in 1933, and should consumer demand increase, while the indus-
try is working under the forty (40) hour week maximum, as provided
by the Code, it will be necessary to employ approximately 120 addi-
tional men not previously employed in this industry. The increases
which were effected as a consequence of the President's Reemploy-
ment Agreement will be further extended by the provisions of this
Code and the upward readjustment of wages above the minimum
promises to carry out in spirit and letter the object of the National
Industrial Recovery Act.
The report of the Research and Planning Division indicates that
the minimum rate of forty cents ($0.40) per hour established by the
Code affects approximately sixty percent (60%) of the total employ-
ees of the industry receiviiig less than forty cents ($0.40) per hour
on September 15, 1!,33, excluding those employees in the State of
Arkansas for whom a minimum rate of thirty-five cents ($0.35) is
established by the Code.
The Administrator finds that-
(a) The code as recoilliended complies in all respects with the
mandatory provisions of Title I of the Act, including, without
limitation, subsection (a) of Section 7 and subsection (b) of Section
10 thereof, and that
(b) The applicant group imposes no inequitable restrictions on
admission to membership therein and is truly representative of the
End Grain Strip Wood Block 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
to discriminate against them, and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this code be adopted.
HUGH S. JOHNSON,
CODE OF FAIR COMPETITION
END GRAIN STRIP WOOD BLOCK INDUSTRY
A TIE, I--PL-R'.iS:
To effect, the policie, of Title I of the National Industrial
Recovery Act as appr,.'w\cd by the Prc.iidunt June 16, 1''i:. the fol-
lowing p rovisin- are siullnitted as a Codrl orf Fair COiiijittition for
the End Grain Strip Wood Block Industry a:id. upon approval by
the Pre.-ident. --hall be the stanihld of fair competition for such
industry and shall be hindin' upon every member thereof.
ARTICLE II-DEFINITI ,INs
SECTION 1. The term End Grain Strip Woud Block Indnl-trv "
or Industry as used herein is defined to mean and includle the
manufacture for sale and the installation by the manufacturer of
End Grain Strip Wood Blocks for floors, side wall,, ceilings, furni-
ture, accoustical treatment, and decorative IuI.. ti,-etler with such
accessory materials and operations as may be incidental thereto and
such branches or subdivisions as may from time to time be included
under the provisions of this Code by the Pi'sidhcnt after such notice
and hearing as he may prescribe.
SEC. 2. The term End Grain Strip Wood Blocks" is defined to
mean a series of end-grain wood blocks assembled into strips on con-
tinuous baseboards, or by the use of wood or metal binders, splines,
or dowels, or a combination thereof, or such other methods as may
be devised from time to time.
SEC. 3. The term member of the industry includes, but with-
out limitation, any individual, partnership, association, corporation,
or other form of enterprise engaged in the industry, either as an
employer or on his or its own behalf.
SEC. 4. The term "employee as used herein includes any and all
persons engaged in the industry, however compensated, except a
member of the industry.
SEC. 5. The term "commodity as used herein is defined to mean
End Grain Strip Wood Blocks or accessory materials.
SEC. 6. The term "product" as used herein is defined to mean a
complete installation of End Grain Strip Wood Blocks including
any required accessory materials. A product may be one of several
species of wood or thicknesses of the strip.
SEC. 7. The term "Association means the End Grain Strip Wood
Block Manufacturers, Incorporated.
SEC. 8. The term "Act" and "Administrator as used herein mean
respectively Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recovery.
ARTICLE III-MA1AXI.ITuJ T HoTURS
SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours in any seven (7) day period, or eight (8) hours
in any twenty-four (24) hour period, beginning at midnight, or more
than five (5) days in any seven (7) day period, except as herein
otherwise provided. A normal work day (twenty-four (24) hour
period) shall not exceed eight (8) hours, and a normal work week
(seven (7) day period) shall not exceed forty (40) hours.
SEC. 2. Hou's for C( rical and Office Em ployces.-No person em-
ployed in clerical or office work shall be permitted to work in ex-
cess of forty (40) hours in any seven (7) day period, or nine (9)
hours in any twenty-four (24) hour period, or five and one half
(51/2) days in any seven (7) day period. A normal work day
(twenty-four (24) hour period) shall not exceed eight (8) hours
and a normal work week (seven (7) day period) shall not exceed
forty (40) hours.
SEC. 3. Ex-rcption.s as to Hours.-The provisions of this Article
shall not apply to travelling salesmen, or to employees engaged in
emergency maintenance or emergency repair work, or to persons em-
ployed in a managerial or executive capacity who earn not less than
thirty-five dollars ($35.00) per week.
SEc. 4. Employment by Several Employt rs.-No employer shall
knowingly engage any employee for any time which, when totaled
with that already performed with another employer or employers
in this industry, exceeds the maximum permitted herein.
ARTICLE IV-MINIMUM WAGES
SECTION 1. No employee shall be paid in any pay period less than
at the rate of forty cents ($0.40) per hour, except as herein other-
SEC. 2. No employee employed in the State of Arkansas shall be
paid in any period less than at the rate of thirty-five cents ($0.35)
SEC. 3. No person employed in clerical or office work shall be paid
in any pay period less than fourteen dollars ($14.00) per week.
SEC. 4. Piecework Compensation-Minimum Wages.-This Article
establishes a minimum rate of pay, which shall apply irrespective
of whether an employee is actually compensated on a time rate,
piecework, or other baqis.
SEC. 5. Minimum Wage Rates by Locality Occupation..-After the
approval of this Code, the Code Authority may present for approval
to the Administrator, after notice and hearing, recommendations as
to upward adjustments in minimum wages for specified localities
or occupations, in order to effectuate the purposes of the Act.
SEC. 6. Female Employees.-Female employees performing sub-
stantially the same work as male employees shall receive the same
rate of pay as male employees.
SEC. 7. Wages Above the Minimum.-There shall be an equitable
adjustment of all wages above the minimum, and to that end, within
thirty (30) days after the effective date of this Code, the Code
Authority shall submit for the approval of the Administrator a
proposal for adjustment in wages above the minimum. Upon ap-
proval by the Administrator after such hearing as he may prescribe,
such proposal shall become binding as a part of this Code, provided,
however, that in no event shall hourly rates of pay be reduced.
SEC. 8. Overtime.-All employees who work more than the normal
number of hours per day in any twenty-four (24) hour period, or
more than the normal number of hours per week in any .even (7)
day period, provided in this Code for the class of work performed by
such employee shall be paid not less than one and one half (11')
times tlhir normal rate of pay for said excess. Such overtime shall
not exceed six (6) hours in any seven (7) day perioil, except in ca-cs
of emergency maintenance or (Remrgeicy rpalir work involve g 1bre ;k-
downs or protection of life or property. This section shall not apply
to employees in executive or managerial capacity who earn more
than thirty-five ($35.00) per week.
ARTICLE V-CHILD LABOR
SECTION 1. No person under sixteen (16) years of ne- shall be
employed in the industry. No person under eighteen (18) years of
age shall be employed at operations or occupIations which are h:zar'dl-
ous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within thirty (30) days after the
effective date of this Code a list of such operations or occupations.
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 per-
mit duly issued by the Agency in such State empowered to issue
employment or age certificates or permits showing that the employee
is of the required age.
SEC. 2. Provisions from the Act.-In compliance with Section 7
(a) of the Act it is provided:
(a) That employees shall have the right to organize and bargain
collectively, through representatives of their own choosing, and
shall be free from the interference, restraint, or coercion of em-
ployers of labor, or their agents, in the designation of such repre-
sentatives or in self-organization or in other concerted activities
for the purpose of collective bargaining or other mutual aid or
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organ-
ization of his own choosing, and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SEC. 3. Reclassification of Employees.-No employer shall re-
classify employees or duties of occupations performed or engage in
any other subterfuge for the purpose of defeating the purposes or
provisions of the Act or of this Code.
SEc. 4. Standards for Safety and Health.-Every employer shall
provide 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 Adminis-
trator within six (6) months after the effective date of this Code.
SEC. 5. State Laws.-No provisions in this Code shall supersede
any law within any State which imposes more stringent requirements
on employers as to age of employees, wages, hours of work, or as to
safety, health, or sanitary conditions, or insurance, or fire protection,
or general working conditions, than are imposed by this Code.
SEC. 6. Posting.-All employers shall post complete copies of
this Code in conspicuous places accessible to employees.
SEC. 7. Payment of Ilages.-All employers shall make payment of
all wages due in lawful currency or by negotiable cherk therefore,
payable on demand. Wages shall be paid at the end of each weekly
period. These wages shall be exempt from any payment for pen-
sins, ilni-iirance, or sick benefits other than those voluntarily paid
by employee:-. Eimployvers or their agents shall not accept, directly
or indirectly, rebates on .-i:ch xwa:-es or give anything of value nor
extend any favors to any perI-on for the purpose of influencing rates
of wag 1 or working conditions of their empolyees.
The provisions of this section regarding payment of wages at the
(end of each weekly period s-hall not apply to persons employed in a
iiil:iagi'rial or executive capacity who earn not less than thirty-
five dollars ($35.00) per week, nor to Ipersonn employed in clerical
or office wo\l:. The wa,.es for persons tLliployed in clerical or office
wIirk shall be paid at the ein. of pay periods n,,t to exceed bi-mionthly
ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE
SECTION 1. Organilatiao atd CoCnsft ut'ii.o.-A Code Authority is
hereby constituted to cooperate with the Administrator in the ad-
mniistration of this Code.
SEC. 2. The Code Authority shall consist of five (5) members of
the industry to be selected as follows:
Members of the industry shall elect the industry members of the
Code Authority by majority vote of the members of the Industry;
provided, however, that four (4) of such members of the Code
Authority shall be members of the Association and one (1) such
member of the Code Authority shall be a nonmember of the Asso-
ciation; and further provided, in the event that ninety percent
(90%) of the members of the industry are members of the Associa-
tion, all five (5) members of the Code Authority may be members
of the Association.
Si-c. 3. The Association is hereby designated as the agency to
conduct an election of the members of the Code Authority within
fifteen (15) days after the effective date of this Code, and any other
elections of members of the Code Authority which may thereafter
be held. Members of the Code Authority shall be elected to serve
for a term of one (1) year or until their successors are elected at
the next annual meeting of the industry. In the event of any
vacancy in the membership of the Code Au thority, a special meet-
ing of the members of the industry for an election to fill the incom-
plete terms of such members shall be called. Notice of each elec-
tion shall be sent to all members of the industry at least ten days
in advance of such election, and voting at such election may be by
personI' by proxy, or by letter ballot.
Si:c. 4. In addition to membership as above provided, there may
be three (3) nieienbrs, without vote, to be appointed by the. Adminis-
trator, to serve for a term of twelve (12) months from the date of
SEC. 5. The representatives who may be appointed by the Admin-
istrator, t, ogether with the Administrator, shall be given notice of
and may sit at all nI.eLt ings of the Code Authority.
Si:. 6. Each trade or industrial association directly or indirectly
partiil,.itiiig in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and (2)
mll)bmit to the Administrator true copies of its articles of association,
bylaws, regulations, and any amendments when made thereto, to-
gether with such other information as to nweibers.hip, organization,
and activities as the Administrattor may deem nicssary to Uffetuatlte
the purposes of the Act.
SEC. 7. In order that the Code Authority shall at all tiines be truly
representative of the industry and in other rcsplect.- comply with the
provisions of the Act, the Admiinistrator may irt.-scibe such hear-
ings as he may deem proper; and thereafter, if he shall find that the
Code Authority is not truly representative or does not in other re-
spects comply with the provisions of the Act, may require an appro-
priate modification in the method of selection of the Code Authority.
SEC. 8. Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustaining
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority, subject to review by the Administrator,
on the basis of volume of business and/or such other factors as may
be deemed equitable.
SEC. 9. Nothing contained in this Code shall constitute the mem-
bers 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 employee
of the Code Authority. Nor shall any member of the Code Author-
ity exercising reasonable diligence in the conduct of his duties here-
under be liable to anyone for any action or omission to act under
this Code, except for his own willful misfeasance or nonfeasance.
SEC. 10. Powers and Duties.-The Code Authority shall have the
following further powers and duties, the exercise of which shall be
reported to the Administrator and shall be subject to his right, on
review, to disapprove any action taken by the Code Authority:
(a) To insure the execution of the provisions of this Code and pro-
vide for the compliance of the industry with the provisions of the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information and
reports as are required for the administration of the Code and to
provide for submission by members of such information and reports
as the Administrator may deem necessary for the purposes recited in
Section 3 (a) of the Act, which information and reports shall be
submitted by members to such administrative and/or government
agencies as the Administrator may designate; provided, that nothing
in this Code shall relieve any member of the industry of any exist-
ing obligations to furnish reports to any government agency. No
individual reports shall be disclosed to any other member of the in-
dustry or any other party except to such governmental agencies as
may be directed by the Administrator.
(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 co-
ordination of the administration of this Code with such other Codes,
if any, as may be rel:ited to the indu stry.
(f) To secure from menlnbter of the industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use of
any NRA insignia solely by those members of the industry who
have s rented to, and are complying with, this Code.
(h) To rce'moinlend to the Administrator further fair trade-prac-
tice provisions to govern members of the industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabiliza-
tion of employment.
ARTICLE VII-TRADE PRACTICE RULES
For all purposes of the Code the acts described in this Article
shall constitute unfair practices. Any member of the industry who
shall directly or indirectly through any officer, employee, agent, or
representative, knowingly use, employ, or permit to be employed, any
of such unfair practices shall be guilty of a violation of the Code.
RULES CONCERNING TRADE INACCURACIES
Rule 1. Inaccurate Advertising.-No member of the industry shall
use or publish advertising (whether printed, radio, display, or of any
nature) or other representation which is inaccurate in any material
particular or in any way misrepresent any commodity (including
its use, trade mark, grade, quality, quantity, origin, size, material
content, or preparation) or credit terms, values, policies, services, or
the nature or form of the business conducted.
Rule 2. Bait Advertising.-No member of the industry shall use
advertising or selling methods or credit terms which tend to deceive
or mislead the customer or prospective customer.
Rule 3. False Billing.-No member of the industry shall intention-
ally withhold from or insert in any quotation or invoice any state-
ment that makes it inaccurate in any material particular.
Rule 4. Inaccurate Labelling.-No member of the industry shall
intentionally brand or mark or pack any commodity in any manner
which tends to deceive or mislead purchasers with respect to the
brand, grade, quality, quantity, origin, size, material content, or
preparation of such commodity.
RULES CONCERNING ATTACKING OF COMPETITORS
Rule 5. Inaccurate References to Coinmpdlitors, etc.-No member of
the industry shall use advertising or other representation which re-
fers inn'ci'ately in any material particular to any competitor or his
comllmodities, prices, values, credit terms, policies, or services.
Rule 6. Selling Below Cost.-No member of the industry shall sell
below his cost, except to meet the competition of the lower cost of
another nii).ler of the industry. Pursuant, to the provisions of Ar-
ticle VI, the Code Authority shall formulate or cause to be formu-
lated standard methods or systems of cost accounting for use in this
industry, which methods or systems shall be adaptable to the cost ac-
counting procedure of, and to the business of this industry. Such
methods or systems shall specify the factors that shall determine the
cost for each member of the industry pursuant to the provisions of
this section. Upon approval of such methods or systems by the
Administrator, the Code Authority shall furnish to each member of
the industry complete details of such methods or systems. There-
after, in determining costs, each member of the industry shall use a
cost accounting system which shall be at least as complete and de-
tailed as the cost accounting method or system recommended by the
Code Authority and approved by the Administrator.
Rule 7. Threats of Law Suits.-No member of the industry shall
publish or circularize unjustified or unwarranted threats of legal
proceedings which tend to or have the effect of harrassing competi-
tors or intimidating their customers.
Rule 8. Secret Rebates.-No member of the industry shall secretly
offer or make any payment or allowance of a rebate, refund com-
mission, credit, unearned discount, or excess allowance, whether in
the form of money or otherwise, for the purpose of influencing a
sale, nor shall a member extend to any customer any special service
or privilege not extended to all customers of the same class.
Rule 9. Selling on Consignmle.nt.-No member of the industry shall
ship commodities on consignment except under contract or bona fide
Rule 10. Bribing Employees.-No member of the industry shall
give, permit to be given, or directly offer to give, anything of value
for the purpose of influencing or rewarding the action of any em-
ployee, agent, or representative of another in relation to the business
of the employer of such employee, the principal of such agents or the
represented party, without the knowledge of such employer, principal,
or party. Commercial bribery provisions 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 com-
mercial bribery as hereinabove defined.
Rule 11. Interference with Another's Contracts.-No member of
the industry shall attempt to induce the breach of an existing con-
tract between a competitor and his employee or customer or source of
supply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
Rule 19. Espionage of Competitors.-No member of the industry
shall secure or attempt to secure confidential information concerning
the business of a competitor by a false or misleading statement or
representation or by false impersonation of one in authority by
bribery or any other unfair method.
RULES CONCERNING SPECIAL PRACTICES
Rule 13. No member of the industry shall finance, directly or in-
directly, a purchaser on a specific contract, nor guarantee his accounts
in any manner, except in accordance with provisions previously filed
with the Code Authority pursuant to Article VIII hereof.
Rule 14. No member of the industry shall cancel in whole or in
part, or permit the cancellation in whole or in part, of any contract
of sale of End Grain Strip Wood Blocks or of any commodity except
for an equitable consideration.
Rule 16. No member of the industry shall make or give to any
purchaser of any commodity any guarantee or protection in any form
against a decline in the market price.
Rule 16. No member of the industry shall combine quotations for
any commodity of this industry with any quotation for any other
material, labor, or service, for the purpose and with the intent of
conicealing the true selling price of such commodity.
Rule 17. No member of the industtry shall intentionally imitate or
nlisappropriate the trade marks, trade designs or trade brands of a
c-'nmpetitor for the purpose or with the intent of deceiving any pur-
chaser or pro. :p.'tive purchaser.
Rule, 18. Other Unfair Practices.-Nothing in this Code shall limit
the effe.-t of any adjudication by the courts or holding by the Federal
Trade Commission on colpl i int, 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.
ARTICLE VIII--PRICE LISTING, Tr:nMis, AND CONDITIONS OF SALE
SECTION 1. Within twenty (20) days after the effective date of this
Code each 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, a minimum price list individually prepared by it for
all commodities and products, f.o.b. shipping point, sold or offered
for sale, and all terms and conditions of sale relating thereto, pro-
vided, however, that no such price list shall state prices less than the
member's individual cost as determined by Rule 6 of Article VII.
Such price list and terms and conditions of sale shall be open to
inspection at all reasonable times by any interested party. Revised
price lists or revised terms and conditions of sale may be filed from
time to time thereafter, provided, however, that such revisions shall
be filed for a period of not less nor more than five (5) days in
advance of the effective date of any such revisions.
SEC. 2. No member of the industry shall sell or offer for sale any
commodity or product at such prices or on such terms and conditions
of sale as will result in the purchaser obtaining such commodity or
product at less than the prices previously filed by such member, or
on more favorable terms and conditions than the terms and condi-
tions of sale previously filed by such member, in accordance with the
provisions of this Article and in effect at the time of such sale.
SEC. 3. No member of the industry shall render any service other
than advice and consultation to any purchaser of any commodity in
connection with the sale or installation of any commodity or product
unless a shcleduile of such services shall have been previously filed with
the Code Authority pursuant to Section 1 hereof, or unless fair
compIensation for such services shall be paid by such purchaser. The
following additional services shall be individually itemized and
clialrged for if rendered:
(a) Services rendered in connection with the placing of the sub-
base or other bn-king in proper condition to receive tie end grain
strip wood blocks.
(b) Services rendered in connection with the provision of a clear
working space or with the adjustment of conduit pipes or other
cobt.-tructions which interfere with the installations.
(c) Services required as the result of the failure of the purchaser
to so arrange the progress of the operation as to permit one con-
tinuous and uninterrupted installation.
(d) Services required as a result of the failure of the purchaser
to provide electrical outlets, electrical wiring, and electrical current
for power and lighting in the immediate area of the installation.
(e) Services required as a result of the failure of the purchaser
to provide free and uninterrupted use of a hoist and the operator
(f) Services required as the result of the failure of the purchaser
to provide watchmen.
(g) Services required as the result of the failure of the pur-
chaser to provide water and toilet facilities for the installation crew.
(h) Costs incurred for insurance of materials delivered or in-
stalled in the event that the purchaser requires such insurance.
SEC. 4. The price to any destination shall be not less than the price
f.o.b. shipping point plus full transportation charges to unloading
point of carrier. No member of the industry shall prepay transpor-
tation charges on shipments consigned to other than the member
of the industry itself, except in the case of railroad freight charges
to stations to which regulations require prepayment from any ship-
ping point, unless other conditions shall have been filed previously
with the Code Authority pursuant to Section 1 hereof; provided,
however, that the foregoing provisions shall not apply to shipments
purchased directly by and consigned to departments or agencies of
the United States or State Governments or subdivisions thereof.
SEC. 5. Terms of payment by members of the industry shall not
be more favorable than to provide that eighty-five percent (8570)
of the value of any commodity or product furnished, delivered, or
installed during the preceding month shall be due and payable on
the fifteenth day of each month following such furnishing, delivery,
or installing, and that the balance shall be due and payable within
thirty (30) days after the completion of the contract. A cash dis-
count of not to exceed one (1) percent, after freight is deducted,
may be allowed on partial or complete payments made within ten
(10) days from the date of shipment; provided, however, that the
oregoing provisions shall not apply to shipments purchased directly
by and consigned to Departments or agencies of the United States
or State Governments or subdivisions thereof.
If any employer in this industry is also an employer of labor in
or engaged in any other industry, the provisions of this Code shall
apply to and affect only that part of his business which is defined
in this Code.
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
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 made, such increases should, so far as
possible, be limited to actual increases in the seller's costs.
UNIVERSITY OF FLORIDA
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No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
ARTICLE XII-GENERAL PROVISIONS
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance, with the provi-
sions of subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order,
approval, license, rule, or regulation issued under Title I of the Act,
and specifically, but without limitation, to the right of the President
to cancel or Jno,lify 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 mnloification to be based upon application to the Administrator
and such notice and hearing as he shall specify and to become
effective on approval of the President.
In addition to information required to be submitted to the Code
Authority, all or any of the persons subject to this Code shall fur-
nish such statistical information as the Administrator may deem
necessary for the purposes recited in Section 3 (a) of the Act to such
Federal and State agencies as the Administrator may designate; and
nothing in this code shall relieve any person of any existing obliga-
tion to furnish reports to Government agencies.
ARTICLE XIV-REGISTRATION OF MEMBERS OF THE INDUSTRY
Each member of the industry shall within thirty (30) days of
the effective date of this Code register with the Code Authority.
All members of the industry who may engage in the industry there-
after shall likewise register with the Code Authority. Registration
of a member of the industry shall include the full name and mailing
address of the member. The time limit for the registration by any
member of the industry may be extended whenever, in the opinion
of the Administrator, the time limit as provided herein might cause
an injustice to any member of the industry.
ARTICLE XV-INSTA LLATION (FIELD ERECTION)
Members of the Industry engaged in installation (field erection)
of the products or commodities of this Industry shall be governed
by the hours, wages, and other labor provisions of such approved
code for the construction industry as may be designated by the
Administrator after such notice and hearing as he may prescribe.
ARTICLE XVI-EFFECTIVE DATE
This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 18.
Registry No. 320-1-01.