Code of fair competition for the advertising display installation trade as approved on January 30, 1934

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Material Information

Title:
Code of fair competition for the advertising display installation trade as approved on January 30, 1934
Portion of title:
Advertising display installation trade
Physical Description:
p. 601-611 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Advertising -- United States   ( lcsh )
Show windows -- United States   ( lcsh )
Display of merchandise -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
"Approved code no. 240; Registry no. 1702-32."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930859
oclc - 56010264
lccn - 34026174
System ID:
AA00008358:00001

Full Text


Registry No. 1702-32


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


FOR THE


ADVERTISING DISPLAY

INSTALLATION TRADE


AS APPROVED ON JANUARY 30, 1934


WE DO OUR PART


I *, ,


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON s 1934


- Price 5 cents


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

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Midi.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville. Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street. .-
San Francisco, Calif.: 310 Customhouse. --
Seattle, Wash.: 809 Federal Office Building.












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Approved Code No. 240


CODE OF FAIR COMPETITION
FOR THE

ADVERTISING DISPLAY INSTALLATION TRADE

As Approved on January 30, 1934





ORDER

APPROVING CODE OF FAIR COMPETITION
FOR THE

ADVERTISING DISPLAY INSTALLATION TRADE

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Advertising Display Installation Trade,
and hearings having been duly held thereon and the annexed report
on said Code, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said 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; provided, however, that
the provisions of Article VIII, 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 are hereby stayed pending my further order either
within a period of 60 days from the effective date of this Code or
after the completion of a study of open price associations now being
conducted by the National Recovery Administration.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. D. WHITESIDE,
Division Administrator.
WASHINGTON, D.C.,
January 30, 1934.


86711--313-150---34


(601)












THE PRESIDENT,
The White House.

INTRODUCTION

SIR: This is the report of the Administrator to the President on
the application for. and public hearing on, a Code of Fair Com-
petition for the Advertising Display Installation Trade as proposed
by the National Display Installation Association representative of
that business. The Code presented herewith was revised by the
Executive Conamittee of the National Display Installation Associa-
tion following the public hearing, which was held Tuesday, November
21, 1933.
The hearing was conducted in Washington on November 21, 1933.
Every person who requested an appearance was freely heard in
accordance with statutory and regulatory requirements.
There is one national trade association, namely, the National
Display Installation Association with offices at 1209 Sycamore Street,
Cincinnati, Ohio. There is no evident reason why the truly rep-
resentative character of said Association should be questioned.

DEFINITION

Advertising display installation is a small item in national econ-
omy, for the services rendered by installation concerns require the
employment of but fifteen hundred (1,500) employees and approx-
mate $2,500,000 in gross business. The definition embraces no pro-
ductive functions, in the generally accepted meaning; it is purely
a service available to anyone who wishes to have his advertisements
placed in or on windows of retail stores or in interiors of retail
stores. To supplement the explanation of the service involved, it
might be stated that these advertising displays are standard .set
forms furnished to the installation concerns by national advertisers.

ECONOMIC AND STATISTICAL MATERIAL

The Advertising Display Installation Trade in 1932 furnished
employment to 1,500 employees. In 1929 employees numbered
2,000. There are approximately 300 concerns in the Trade, the
number remaining unchanged since 1928. It can be seen that there
has been noticeably less employees since 1929-in fact, a decrease of
25%. This service of display installation seems to be a Trade com-
prised in the main of trimmers who do the actual installing in
retail store windows. The Code does not permit anyone under 18
years of age to be engaged as a trimmer."
(602)






603


ElSUME OF THE CODE

The proponents of the Code have established forty hours in any
one week or 8 hours in any twenty-four hour period for all employees
other than trimmers. No trimmer shall be permitted to work in
excess of 40 hours or install more than 45 displays in any one week
averaged over any consecutive 12 weeks' period. Sufficient latitude
is thus allowed the employers so that the hours of trimmers can be
adjusted to meet the irregular demand for service for those on
whom the members of the display installation trade are dependent
for their business.
Evidence was presented at the public hearing to indicate that
more stringent regulation of the hours of trimmers would work
hardship on members of the Trade, as well as on employees.
A minimum hourly wage of 35 cents is established for all employees
except trimmers. Trimmers, the majority of whom are paid on a
piece work basis if compensated on an hourly basis, are paid 85 cents
per hour as a minimum, if on a piece work basis a minimum of 90
cents per window installation, or 50 cents per interior installation.
There is established for trimmers a minimum daily wage which will
allow the employee additional protection.
The administration of the Code closely follows the lines reconi-
mended by the N.R.A. Legal Division.
The proponents of the Code are arranging for the nomination
and election of the Trade members of the Code Authority, such
arrangements to be completed not later than 90 days after the
effective date of the Code. In the interim, the regularly constituted
Board of Directors of the National Display Installation Association
are serving in this capacity.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and man-
agement under adequate governmental sanctions and supervision, 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 tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 employees;
and is not classified by me as a major trade.






604

(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 associ-
ation is a trade association truly representative of the aforesaid
Trade; and that said association 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 said
Code.
For these reasons, the Code has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JANUARY 30, 1934.


























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CODE OF FAIR COMPETITION


FOR THE
ADVERTISING DISPLAY INSTALLATION TRADE


ARTICLE I-PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Advertising Display Installation Trade,
and shall be the standard of fair competition for such Trade and
shall'be binding upon every member thereof.

ARTICLE II-DEFINITIONS

The term "Advertising Display Installation Trade as used herein
includes the service of installation, for others, of display advertising
material in or on the windows or interiors of retail stores, and such
branches or subdivisions thereof as may from time to time be in-
cluded under the provisions of this Code.
The term "employee" as used herein includes anyone engaged
in the Trade in any capacity receiving compensation for his services,
irrespective of the nature or method of payment of such com-
pensation.
The term "trimmer as used herein includes any employee whose
principal work is the installation of Advertising Display.
The term "employer" as used herein includes anyone by whom
any such employee is compensated or employed.
The term member of the Trade" includes anyone engaged in
the Trade as above defined, either as an employer or on his own
behalf.
The term window installation" as used herein includes the
placing of the advertiser's display material in a window of a store
in such manner as to make practically a complete window trim, in-
cluding the placing of a counter card or small counter display on
the counter.
The term interior installation" as used herein includes the
placing of the advertiser's display material in the interior of a store
with decorative treatment, regardless of location.
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
Title I of said Act.
(605)





606

ARTICLE III--HOCRS

1. No trimmer shall be permitted to work in excess of forty (40)
hours or to install more than forty-five (45) window installations
per week averaged over any consecutive twelve (12) weeks in any
one (1) year.
2. No other employee shall be permitted to work in excess of forty
(40) hours in any one (1) week or eight (8) hours in any twenty-
four .(24) hour period.
3. The maximum hours hereinabove set forth shall not apply to
outside salesmen or employees engaged in a managerial or executive
capacity receiving thirty-five dollars ($3.5.00) a week or more.
4. No employee shall be permitted to work more than six (6)
days in any seven (7) day period.

A nTL IV I -WA GS

1. Except as hereinafter expressly stipulated otherwise, no em-
ployee shall be paid at less than the rate of thirty-five cents ($0.35)
per hour.
2. No trimmer compensated on an hourly basis shall be paid at less
than the rate of eighty-five cents ($0.85) per hour.
3. No trimmer compensated on a piecework basis shall be paid
at less than the rate of ninety cents ($0.90) per window installation
or fifty cent. ($0.50) per interior installation.
4. No trimnwr shall be paid less in any twenty-four (24) hour
period than a wage equivalent to that which such trimmer would
be entitled to receive for three (3) working hours.
5. This Article establishes a minimum rate of pay, regardless of
whether an employee is compensated on a time-rate, piecework, or
other basis.
6. No employee whose full time weekly hours for the four (4)
weeks ended June 17, 1933. are reduced by the provisions of this
Code by twenty percent (20. ) or less, shall have his or her full
time weekly earnings reduced.
No employee whose full time weekly hours are reduced by the pro-
visions of this Code, in excess of twenty percent (20%), shall havq
his or her said earnings reduced by more than fifty percent (50%) of
the amount calculated by multiplying the reduction in hours in
excess of twenty percent (20%) by the hourly rate.
7. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as a male
employee.
ARTICLE V-GENERAL LABOR PROVISIONS

1. No person under sixteen (16) years of age shall be employed
in the Trade nor anyone under eighteen (18) years of age as a trim-
mer. In any State, an employer shall be deemed to have complied
with this provision if lie shall have on file a certificate or permit
duly issued by authority in such State empowered to issue employ-
ment or age certificates or permits, showing that the employee is of
the required age.






607


.. 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.
S4. Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
5. Within each State, this Code shall not supersede any laws of
such State imposing more stringent requirements on employer regu-
lating the age of employees, wages, hours of work, or health, fire or
general 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 in conspicuous places accessible to em-
ployees full copies of this Code.
ARTICLE VI--ADMI NISTRATION

To further effectuate the policies of the Act, a Code Authority
is hereby constituted to administer this Code.
Organization, powers, and duties of Code Authority:
1. The Code Authority shall consist of five (5) individuals, or
such other number as may be approved from time to time by the
Administrator, to be selected as hereinafter set forth, and of such
additional members, without vote, as the Administrator, in his dis-
cretion, may appoint to represent such groups or governmental agen-
cies as he may designate.
2. Every member of the Trade who qualifies as provided in Sec-
tion 10 of this Article shall be entitled to one (1) vote in the nomi-
nation and election of the Trade members of the Code Authority.
The proponents of this Code shall arrange for such nomination and
election not later than ninety (90) days after the effective date of
this Code. In the interim, the regularly constituted Board of Di-
rectors of the National Display Installation Association shall exer-
cise all the rights, powers, and prerogatives of the Code Authority
as herein determined.
3. Each trade or industrial association, directly or indirectly par-
ticipating in the selection or activities of the Code Authority shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its Articles of Association,
By-Laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the





608


provisions of the Act, the Administrator may provide 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
respects comply with the provisions of the Act, may require an ap-
propriate modification in the method of selection of the Code
Authority.
5. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any purpose. Nor shall any mem-
ber 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 Authority be liable
to anyone for any action or omission of act under the Code, except
for his own willful misfeasance or nonfeasance.
6. The Code Authority may utilize the facilities of and cooperate
with any and all trade and labor associations or organizations, na-
tional. regional, or local, in the Advertising Display Installation
Trade in such manner as it deems most useful to its work, with the
consent of such organizations.
7. The Code Authority may coordinate the administration of this
Code with such other Codes, if any. as may be related to the Trade,
or any subdivision thereof and may assist in promoting joint action
upon matters of common interest by establishing a joint Advisory
Board to which one (1) or more of its members shall be delegated.
8. The Code Authority may appoint and remove and fix the com-
pensation of such employees, accountants, attorneys, and officers as
it shall deem necessary or proper for the purpose of administering
the Code.
9. The Code Authority shall obtain from members of the Trade,
as soon as the necessary readjustments within the Trade can be made,
reports based on periods of one (1). two (2), or four (4) weeks, or
multiples thereof, for use of the Code Authority and the Adminis-
trator in the administration and enforcement of the Code, and for
the information of the President. and to give assistance to members
of the Trade in improving methods, or in prescribing uniform system
of accounting and reporting.
10. Members of the Trade shall be entitled to participate in and
share the benefits of the activities of the Code Authority, to partici-
pate in the selection of the members thereof and to use the N.R.A.
Code Insignia, by assenting to and complying with the requirements
of this Code andi sustaining their reasonable share of the expense of
preparation, presentation, and administration of this Code. The
reasonable share of such expense shall be determined by the Code
Authority, subject to review by the Administrator, on the basis of
volume of business and or such other factors as may be deemed
equitable to be taken into consideration.
11. In addition to the information required to be submitted to the
Code Authority. there shail b? furnished to Government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
12. If the Administrator shall determine that any action of a code
authority or any agency thereof is unfair or unjust or contrary to
the public interest, the Administrator may require that such action
be suspended for a period of not to exceed thirty days to afford an





609


opportunity' for investigation of the merits of such action and fur-
ther consideration by such code authority or agency pending final
-action, which shall be taken only upon approval by the
Administrator.
ARTICLE VII-TRADE PRACTICES

SThe following practices constitute unfair methods of competition
for members of the Trade and are prohibited:
1. Inaccurate Adtertising.-No imeriber of the Trade shall use
advertising or other representation which is inaccurate in any mate-
rial 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,
'ort the nature or form of the business conducted.
2. Commercial Bribery.--No member of the Trade shall give, per-
'mit to be given, or directly 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 repre-
sented party, without the knowledge of such employer, principal, or
party. Commercial bribery provisions shall not be construed to pro-
hibit 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.
3. Selling Below Cost.-No member of the Trade shall sell any
commodity or service at a price below cost. However, any member
may meet the price competition of anyone whose costs under this
Code provision are lower. Cost shall be determined in accordance
with the principles enumerated in any standard cost system formu-
lated by the Code Authority with the approval of the Administrator.
4. Secret Rebate.-No member of the Trade shall secretly offer or
make any payment or allowance of a rebate, refund, commission,
credit, unearned discount, excess allowance, free or extra service,
whether in the form of money or otherwise, for the purpose of in-
fluencing a sale, nor shall a member secretly extend to any customer
any special service or privilege not extended to all customers of the
same class.
5. Inaccurate Reference to Competitors.-No member of the Trade
.shall use advertising or other representation which refers inac-
curately in any material particular to any competitors or their com-
modities, prices, values, credit terms, policies, or services.
6. Interference with Contractual Relations.-No member of the
Trade shall attempt to induce the breach of an existing contract
between a competitor and his employee or customer or source of
supply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services.
7. No member of the Trade shall allow any discount; all work
shall be billed at least weekly and shall be payable net ten (10)
days.
8. No member of the Trade shall make a window installation
which does not bear clearly the exact date of such installation, in
accordance with the regulation of the Code Authority.






610


9. No member of the Trade shall remove or interfere with an
installation within seven (7) days of the date shown thereon.
10. No member of the Trade shall place a poster or in any way
mar or obstruct the view of an installation within seven (7) days
of the date shown thereon.
11. No member of the Trade shall give, permit to be given, or
offer to give anything of value for the purpose of influencing or
rewarding the action of any retailer in granting to said member of
the Trade exclusive display privileges.

ARTICLE VIII-OPEN PRICE AGREEMENT

1. The Code Authority shall prepare and complete as soon as pos-
sible a basic classification of the services of the Trade together with
a scale of extras and deductions that shall be added to or deducted
from the base prices. This classification may be amended from time
to time by the Code Authority.
2. This classification of services shall be made available by the
Code Authority to every member of the Trade. Within thirty (30)
days thereafter each member of the Trade shall file with the Code
Authority, or otherwise as it may require, a list showing the mini-
mum base prices for all services. Any subsequent change in a price
list shall be filed as provided herein to become effective not earlier
than ten (10) days from the date of filing, except that the first price
list so filed shall become effective immediately.'
3. No member of the Trade shall contract for the sale of or sell
any service at less than such current minimum prices and terms as he
shall have established by filing with the Code Authority as herein-
above provided.
ARTICLE IX-MODIFICATION

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 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 notice and hearing as he shall specify, and to become effec-
tive on approval of the Administrator.

ARTICLE X-MONOPOLIES

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.
See paragraph 2 of order approving this Code.






611

ARTICLE XI-PRICE INCREASES

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

This Code shall become effective on the 10th day after date of
approval by the President.
Approved Code No. 240
Registry No. 1702-32
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UNIVERSITY OF FLORIDA




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