Code of fair competition for the dental goods and equipment industry and trade as approved on July 13, 1934

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Title:
Code of fair competition for the dental goods and equipment industry and trade as approved on July 13, 1934
Portion of title:
Dental goods and equipment industry and trade
Physical Description:
p. 99-114 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U. S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Dental instruments and apparatus industry -- United States   ( lcsh )
Dental materials -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 482."
General Note:
"Registry No. 1617-11."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930653
oclc - 644541852
System ID:
AA00008364:00001

Full Text




NATIONAL RECOVERY ADMINISTRATION



C ODE OF FAI R COM RPETaITI ON


DENTAL GOODS APND EQUIPMENT
INDUSTRY AND TRADE

AS APPROVED ON JULY 13, 19341


UNIV. OF FL LIB.



U.S. DEPOSITORY


I I
Par sale by the Superintendent of Doermnents, Washington, D.C. - Price 5 cents


;I


Approved Code No. 482


Registry No. 1617--11


WE D0OQUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


























This publication is for sale by the Superintendent of Documents, Government
Printing Ofice, 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. : 18011 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North WVells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, 'Fia.: Chamber of Commerce Building.
Kansas City, Mio.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 11163 South Broadway.
Louisville, Ky.: 4108 Federal Building.
M~emphis, Tenu.: 229 Federal Building.
Mlinnonpjolis, MIinn.: 213 Federal Building.
New Orleans, Lta.: Room 225-A, Customhouse.
New Y~ork, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philaldelphin, 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 Custombouse.
Seattle, Wash.: 809 Federal Office Building.














Approved Code No. 482


CODE OF FAIR COMPETITION
FOR THE

DENTAL GOODS AND EQUIPMENT INDUSTRY:
AND TRADE

As Approved on July 13, 19341


ORDER

APPROVING CODE OF FALIR COMPETITION FOR THE DENTA\L GOODS AND
EQUIPMEN-T INDUSTRY AND TRADE
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indlustrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Dental Goods and Equipment Industry
and Trade, and hear~ings having been. duly held thereon and the
annexed- report on said Code, containing findings with respect
thzereto, having been made andl directed to the President;
NOWT, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A~, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
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;poiddhoerta
within ninety days I mnay direct that there be a fourth hoeearin ona
such of the provisions of said Code as I may designate, and that any
order which I mnay make after such hearing shall have the effect o
a, condition on the approval7 of salid Code; provided, further, that
the following changes be, and the same hereby' are, mnade:
(1) That Section 1 of Article III be, and the same hereby is
amended, to read as follows:
No employee, except as herein otherwise provided, in any store,
offce, department, establishment, or any automotive or horsedrawn
passenger, delivery, or freight service, or in any other place or man-
ner shall be permitted to wFork for more than forty (40) hours in
any one week, except that for six (6) weeks in any calendar year,
any such employee may be permitted to work not more than fort-
eight (48) hours per week. No mechanical worker or artisanshl










be permitted to work in excess of an average of forty (40) hours per
week averaged over any three (3) months period, nor more than eight
(8) hours in any twenty-four (24) hour period, nor more than forty-
eight (418) hours in any one (1) w~eek, except, however, that all such
mechanical workers or artisans shall be paid not less than time and
one-third for all hours workl~ed in excess of forty (40) hours in any
one (1) weeki or eight (8) hours in any one day."
('2) That Section 3 of Article IV be., and the same hereby is
amended, to read as follows:
"L No messenger shall be paid at a rate: less than ten dollars ($10.00)
per week and no employer shall at any one time have more than
seven (7) such employees mn number or five per cent (5%0) of the
total number of his employees, whichever is the higher, provided
that no employee not working exclusively as a, messenger shall be
classified as such."
(3) That Section 9 (d) of Article VI be, and the same hereby
is amended, to read as follows:
"i It shall create as an independent, agency of the Code Authority
a Joint. Industrial Relations Board consisting of an equal number
of representatives of employers and employees, and an impartial
chairman elected by the MIembers of the Board, to deal with all mat-
ters in the Code relating to hours, wages, and general labor pro-
visions. The designated employees' representatives shall be truly
representative of the employees of the trade and chosen by such em-
ployees. The membership of this Board shall be approved by the
Administrator."
(4) That Section 10 (c) of Article VTI be, and the same hereby
is amended, to read as follows:
"After such budget and basis of contribution have been approved
by the Administrator, to determine and secure equitable contribu-
tion as above set forth by all such members of the Industry, and to
that end, if necessary, to institute legal proceedings therefore in its
own name. Non-payment of such equitable contributions shall be.
in violation of this Code."
(5) That Sect~ion 11 of Article VI be, and the same hereby is
amendedl, to read as follows:
"L Only members of the Industry complying with the Code and con-
tributirw to t~he expenses of its administration as provided in Sec-
tion 10 r~ereof shall be entitled to participate in the selection of the
members of the Code Authority or to receive the benefit of its vol-
untary activities or, unless duly exempted from making such contri-
bution, to make use of any emblem or insignia of the National
Recovery Administration."
(6) That Section 7 (a) of Article VI~I be, and the same hereby is
amnende~d, to read as follows:
No member of the Industry or Trade shall consign equipment
except that upon bona fide order or contract approved by the Code ~
Authority equipment may be consigned to dental colleges for demon-.
st~ration purposess"
(7) Th~at Se~ction 13 of Article VII be., and the same hereby is
amended, to read as follows:
"L Rebates. No member of the Industry or Trade shall pay or
allow rebates, refunds, commissions, credits or unearned discounts


ii3


iii^:i
;i


;
2..













i?


100







101

other than of a legaitimiate nature as given in published price lists
and,/or discount sheets, whether in the formi of mioney or otherwise,
or extend to certain purchasers any special services or privileges nlot
extendedl to all purchasers on like terms and conditions. Provided,
that nothing continued herein shall be construed to alter in any way
the provisions of Section 11 of this Ar.ticle."
HUGH S. JoHNSON,
Adm~lini stratorilf0 for /IJ Indusria RecoverY.
Approvfll recommnendedl :
GEO. L. BERRY,
Divisionl Adiniiistriatorl.
TY~ASHEINCTON, D.C..
July 13, 100..














REPORT TO THE PRESIDENT


The PRESIDENT,
The Trh~ite House.
Sm: This is a report on t.he Code of Fair Competition for the
Dental Goods and Equipmlent Industry and Trade, the hearing
having been conducted mn Washington on October 30, 1933, in
accordance with the provisions of Title I of the National -Industrial
Recoveryv Act.
INDUSTRY BACKGROUND

The Dental G~oodts and Equipment Industry and Trade is organ-
izedl into three associations, all of which were the sponsoring and
assenting groups. The majority of the Industry and Trade is well
organized into aIn association which has been in existence for 54
yea rs. This organization, the American Dental Trade: Association,
has~always upheld fair practices and adopted policies, some of which
are being made the law by this Code.

HOURS AND WAGES

The Cod~e*provides a standard work week of 40 hours averaged
over an thrree months period but prohibits working more than 418
hours in. any one week. Exception is made for t~he mechanical
workers or artisans wfho are to be paid not less than time and
one-thir~d for all hours worked in excess of 40 hours per week or
8 hours per dayS. Exceptions to the standard 40 hour week are
made where a restriction of hours of highly skilled workers on
continuous processes would unavoidably reduce production, and on
factory emnergency, mnaintela~nce, installation a~nd repair work, pro-
vided all hours worked in excess of t~he standard week or standard
day be paid for at the rate of time and one-third. The minimum
wage rate for other than factory employees shall not be less than
ftiften dlollar~s ($;15.00) per week in any: city over 500,000 popula-
tion or less than fourteenl dollars and fifty cents ($14.50) per week
in anyr city wFhose population is between 250!000 and 500,000 or less
than twelve dollars ($12.00) per week in any city of less th~a~n
250,000 population.
ECONOMIIC EFFECT OF THE CODE

Tihe Dental Equipment Industry and Trade employed, in 1929, ap-
proximately 9,47'0 persons including office employees. Approximately
8,474 were wage-earners. The decline in wage-earner employment in
the Dental Trade was not as severe as in the Dental Equipment In-
dustry from 1929 to 1931. The former wras only 3.5 percent and the
latter 15 percent. It is quite probable that a 40 hour week, as estab-
lished by this code, will mecrease employment about 855 wage-earners
(102)







103


in the Industry and Tradie. The minimum wage rate of 35j cents
per hour will result in a slight increase of the aveC~'3rae weekly w3age.
The business volume of the Dental Equipment Inidustr~y combined
w~ith that of theC Dental Trade was about $83,950,000 for 1989.

FINDINGS
The Deputy A~dministrator in his final report to mie on said Code
having found as herein set forth and on the basis of all thle pro-
ceedings in this matter;
I find that:
(a) Said C~ode is well designed to promote the policies andi pur-
poses of Title I of the Nationlal Industrial Recovery Act, including
removal of obstructions to the free flow of inter'state andi foreign.
commerce which tend to dliminisr h the amount thereof andi will pro-
vide for the: general welfare by promoting the organnizationi of in-
dustry for thle purpose of cooperative action among trade groups, by
nd cin an anann united action of labor andi management
under adequate governmnental sanctions andi supervision, byS elimi-
natingr unfair competitive practices, by promontingr the fullest possible
utilization of the present productive capacity of industries, byv
avoiding undue restriction of production (except as mnay be tem-
p~orarily requiredl), by increasing the consumplti oni of industr-ial and
agrricultural producrts through increasing purchasiing power, by re-
ducing and relieving unemploymentt by improving standalrdis of
Inbor, andi by otherwise rehabilitating indlustr~y.
(b) Saidl Indlustry andi Trade normally employs not more than
50,000 emnployeer;; andi is not. classified by mne as a major industry.
(c) The Code as approved comp~lies in all respects w~ith the perti-
nent provisions of said Title of said ALct. including without limiita-
tion Sjubsection (a) of Section 3, Sub~section (a) of Sjection 7, andi
Suibsection (c) of Section 10 thereof; and that the appllicant asso-
ciations are indlustrial andi trade associations truly representative of
the afor~esaid Industry andi Trade; and that saidl associations impose
no inequitable restrictions on admission to membership therein.
(d) The Code is not d-esigrned to andi will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will noct ope~rate to discriminate against them.
(f) Those engaged in other steps of the economic process have niot
been deprived of the right to be heard prior to approval of said
Code.
From evidence adduced during this hearing and from recommen-
dations and reports of the various A~dvisory Boardls it is believed
that this Code as now proposed and revised represents an effective,
practical, equitable solution for this Industry and Trade and for
these reasons this Code has been approved.
Respect fully,
HUGH S. JOHNSON,
her 3, 134. dministrator.














CODE OF FAIR COMPETITION FOR THIE DENTAL GOODS
AND EQUIPMENT INDUSTRY AND TRADE~

ARTICLE I -PURPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act., this Code is established as a Code of Fair Competit-
tionn for t~he Dental Good-s and Equipment Industry and Trade, and
its provisions shall be the standards of fair competition for such
industry and trade and shall be binding upon every member thereof.
ARTICLE II EFINITIONS

1. The term "i Dental Goods and Equipment Industry and Trade",
as used herein shall be deemed to include all manufacturers and
dealers making andi/or selling dental equipment, materials or sulp-
plies, at wholesale, except such articles governed by another ap-
proved code or codes.
2. The. term Industry "?, as used herein, shall be deemed to mean
thle manufacture of dental equipment, materials or supplies. The
term "' Trade "!, as used herein, shall be deemed to mean the selling
and/'or distribution of dental equipment, material or supplies, at
wholesale.
3. The term member of thle industry~/trade," as used herein,
includes, but without limitation, any individual partnership, asso-
ciation, corporation or other form of enterprise engaged in the
industry.~'trad~e, either as an employer or on his or its own behalf.
4. Thle termn employee ", as used herein, includes any and all
persons engaged in the industry or trade however compensated, ex-
cept a member of the industry.
5. The term employer ", as used herein, includes anyone by
whom any one suchI employee is compensated or employed.
6. The terms "'Act and "'Administrator ", as used herein, shall
mean respectively Title I of the National Industrial Recovery Act
and the Admlinistrator for Industrial Recovery.
7. Population for purposes of thlis code shall be determined by
reference to the latest federal Clensus.

ARTICLE I111- OURES

1. No employee, except as herein otherwise provided, in any store,
offlee, department, establishment, or any automotive or horsedrawn
passenger, delivery, or freight service, or in any other place or man-
ner shall be permitted to work for more than forty (40) hours per
week, averaged over any three (3) months period, nor more than
forty-eight (48) hours in any one week. No mechanical worker or
artisan shall be permitted to work in excess of an average of forty
(104)







105


(40) hours per week averaged ov~er any three (3) months period, nor
more than eight (8) hours in any twsenty-four (24) hour period,
nor more than fort)y-eigrht (48) hours inl any one (1) wetek, except,
however, that all such workers or artisans shall be paidi not less than
time and one-thlirdl for all hours w~orkedl in excess of forty (40) hoursY
in any one (1) week or eight (8) hlours inl anny one day.'
2. The maximuml hours fixedl in thle foretgoing hSectio~n 1 shall not
apply: (a) To em~ployees inl a managetrial or executive capacity who
receive mor~e than th~irty-Hy\e dollars ($315) per week, nor to comm-
merciall travellinga salesmen, nor to employees e~ngaged principally
as outside representatives on manintenance, installation, or repair
wvork. (b) In vcry special cases where restriction of hours of highly
skilled w~orklers onl continuous proce~sses would unavoidably reduce
production,! and on fact~ory emnergency, maintenance, installation and
repair w~ork, pr~ovided, hlowever, that at least time and one-third
shall be paidl suchl employees for hours worked in. excess of forty
(401) hours per week or in excess of eight (8) hours per day.
3. No w~atchlman sh~all be perm'ittedl to work in. excess of fifty-six
(56) hours in any one week, nor more than six (6) days in any one
week.
4. No empployee shall be permitted to work for a total number of
hours in excess of thle number of hours herein prescribed whether
he be employed by one or more emlployer~s.
ARTICLE IT- VAGBEs

1. No employee, except as herein ot.herwise provided, shall be paid
less than sit t~he rate of fifteenl dollars ($15.00) per wrJeek in any city
over 500,000 population or in t~he inuinediate trade area of such
city, or at the rate of fourteen dollars and ~fifty cents ($14.50) per
week in any city whose popullation is between 250,000 and 500,000
or in t~he immediate tlrade area of such city, or at the rate of twelve
dollars ($12.00) per, week in anyr city of less than 250,000 population.
2. No factory wrorkler or artisan, except, those under eighteen (18)
years of age or w~ith less than six (6i) months experience or employ-
ment. in this Indlustry or Trade, shall be paid less than thirty-five
cents (35C) per hour. No factory worker or artisan under eighteen
(18) years of age or w~ith less than six (6) months experience or
employment in this Industry or Trade, shall be paid less than eighty
per cent (8072) of the miinimnum established herein, and no emlployer
shall at, anyr time engagpe more suich per~sonsi receiving less than the
minimum wage established hereini than one (1) in number or five
per cent (5 E.) of the total number of his employees, wihichever is
the higher.
3. No mlessenger shall be paid at. a rate less than ten dollars
($;10.00) per week and no employer shall at anyT one time have more
than seven (r) such employees in nulmber or five per cent (5%') of
the total number of his employees, whichever is the hig;her.2
4. This Article establishes a miinimnum rate of pay which shall
apply irrespective of whether an employee is actually compensated
on a time rate, piece wor~k performance or other basis.
'Amendedl. See pamrgraph 2 (1) of order approving~ this Code.
s Amended. See paragraph 2 (2) of order approving thia Code.
173759-8-29-65~3-32







106

5. Female employees performing substantially the same work las
male employees shall receive the same rate of pay as male employees.
6. It is the policy of members of this Industry and Trade to .re-
frain from reducing the compensation for employment which eggn-
pensat~ion was, prior to June 16, 1933! in excess of t~he minimum wage '
herein set forth, notwithstanding that the hours of work in such
employment. mlay be I~reucedt; andl unless since such date such a'd-
jusitmentsj have been made all members of this Industry and Trade
shall endleavor to increase. t~he pay of all employees in excess of t~he
minimum,, wage as herein set forth by an equitable adjustmernt of all
pay schediules.
rARTICLE V- GENER.1L L.4son PRovisIows

1. No person under sixteen (16) years of age shall be employed
in the Industry~ andi Tradte, nior anyone under eighteen (18) years of
age at operations or occupa>tionls hazardous in nature or detrimental
to h~ealth. The Code Authority shall submit to the Administrator
within thirty (30) days after approval of this Code, a list of such
ope ra tionsi o-r occu pati ons. In anly state an employer shall be deemed :
to have compilliedl with this provision as to age if he shall have on file
a certificate or permit duly signed by the aulthority in such state emi-
poweredl to issue emnploymnent or age certificates or permits showing
that the emplloytee is of t-he required ag~e.
2. In complliance with Secrtion 7i (a) of tlE' Act it is provided:
() 'T~hat mPn~loyee~ shall have the rigrht toi rgni'i lze and bargain
collectively~ through~~l r~eplesent-tative~s of their own choosing, and sjhall
be fr~ee fromn thie interference, restraint., or coercioni of employers of
labor, or their agents, in thle designation of such representatives or
in self-organnizntion or in other concerted- activities for the purpose
of collective bargaininiig or other mutual aid or protection.
(b) That no employees andl no one seeking emnployment shall be
required as5 a condition of empnlloymen t~o join any company union
or to refrain from ioining, organzl~ing, or assisting a la-bor organiza-
tion of his ow~n choosing, and
(c) That emp~loyers shall comply with the maximum hours of
laborr, miinimum rates of pay, andl other conditions of employment
approved or p~rescribedl by the Preside'nt.
3. No employer shall reclassify emlployrees or duties of occupations
performed or engage in any subterfugre for the purpose of defeat-
ing the purposes or provisions of the Act or of this Code.
4l. No provision of this Code shall supersede any state or federal
law which imposes on employers more stringent requirements as to
age of employees, wages, hours of work, or as to safety, health,
sannitary! or general w-orkingr conditions, than are imposed by this
Code.
5. No homework shall be allowed and no work shall be done or
ermrnittedl in tenements, private houses, or in any unsanitary build-
Ings, unsafe on account of fire risks.
6. All employers shall p~ost and keep posted complete copies of
the wage andc hour and general labor provisions of this Code in

7.Each employer shall provie~~p~de~ fo nh afety and health of
empl~loyees during the hlours~ and at the places of their employmentt. .i







107


Standards for safety and health shall be. submitted by the Code
Authority to the Admninistratorr withlin six (6j) months after the
effective date of the code.

ARTICLE VI--OnCAmIzSIoN, POW\ERS AND liUTIES OF THE CODE
AUTHORITY

1. Ai Code Authlority is thereby established~ to cooc-perate with the
Administr~ator in the ad~minisjtratioicn of th~is Code and shall consist
of 'eight (S) members, or suchl ot~her number as miay be ap~projvedl
from time to t~imle by the Adminiiistra~t.or, to be ch~osen by the fol-
lowfinga trade groups through a fair methodc of selection appr~ovedl
byv' the Administr~ator:
Four mnembers by thle American D~ental Tradl~e Association
TwFo members by thle D~ental Maonufacture rs of America
One mecmber by th~e Dental Dealers of Ametrica
One: members b'y t.hose mlembers of t~he Indu~str~y or Trade who are
not mnemlbers of any of t.he ab~ove associations
The Admliniistratoro inl his discrretio~lni) ma pp~oint not morre than
three addlitiolnal membersjf wit~hout. vocte andl~ without compensation
fr~om thle industry, to, se~ve for such l~tieriod of time and to repr~leselnt
the Administrator orr srclh gr~oupl or groups as he~ maIy designate.
2. rS-ub- C:ode~ Auth or~fities ----GroupsD of mlpnember of the Industry or
Trade manulfac~tlr~ing~ and. or selling~ a particular product or products
having common inlterests andlr problems, may be grouped into product
or trade subdlivis-ions by the (Icde Authlor'ity for Idmlini traBt~ive8
purposes. For,1 eaChi such prodnelit subdlivision there may be! a, Sub-
Codle Aulthor~ity apprlovedl or1 appoinlted by the Code Aulthor~ityr to
cooperate with the Codle Authlority in thle admninist ratlonl and. enifor~ce-
mient of the Code and *o~r to cooperate in thle admiinistratfi on and
en forcemnent of a supIplemen~tary~ Cod~e or Codes applying to such
product subdivisioni or p~art ther~eof.
3. Each tr~ade or indtu.-trial ashociationl dir~c-tly or indlirectly patrtic-
ipatiigr inl the selection or activities of the Co~de Auithor:1ity shall
implose noj inequitablle r~est~ic~tions on1 m.)'l.embeShip), and shall submit
to the ALdmninist rator tr~ue cop~ies of its artfic~les of assoc~iation, by-laws,
regulations, and an~y amienidmenth when mnade thieirto, together with
such ot her in formaotion as to membersh ipi, or~ganIi za tion, and a ct i vit iesi
a.s the Administ~tratr mnay deeml ntcessar~y to effectuate thne purposes
of the. Act..
4. In1 ordler that thle Code Author~ity shall at all times~ be truly
repr~esenta~tive of thle Indlustry) alnd TI~rae and in all othertl respects
comply with the provision o~f thie A-ct., th~e Admlninistrator may pres-
crib~e sulch hearings as he mlay deeml pro~cper; and thereafter if he shall
find that the Code Authority is not. truly r~epicresenatatie or d'oes~ not
in other respec~ts compl~ly with the provisio~ns of the Act, he may takie
such action as he mayS dceem necewaryS under the circumsll~tanlcces.
5. Any memlberI of the Inldus~try? or Trade shall be eligible for
membership in any trader association or olrganizedl gr~oupl partici-
pating in the activities of the Codle Author~ity uponl comnpliance with
the provisions of the by-laws r~elating to memr~bership, providedi that
any person aply~lingS for such~ member~shipi shall, in addition to the
payment of such; dues as are imnposed~t upon and paid by all other







108


members, accept a reasonable and equitable share of the cost of CoJde
admminist ration.
G. Ea~ch membter of the Industry and Trade shall, within fifteen
(15) daysd after the approval of the Code Authority,. file with the
Code Auth~ority a complete list of all products offered for sale,
together with his prices, discounts and terms to all classes of cus-
tomers.. Alod~ifientions or amnendmnents in such price lists and/or
discounts may! be fied by any such member at any time to become
effective immediately upon filing with the Code Authority. The
Code Authority shall make such information available to all members
of the Indlust~ry and trade or to any other interested party.
7. NJothing contained in this Code shall constitute the members
of the Code Author0lity partners for anyl purpose. Nor shall any
member of the Code Authorit~y be liable in any manner to anyone for
any act of any other member, offcer, agent or employee of the Code
Authority. Nor shall any member of the Code Aut~hority exercising
reasonable diligence in the conduct of his dlut~ies hereunder, be liable
to anyone for any action or omission to act under this Code, except
for his owPn willful mis-feasance or non-fensance.
8. If the Admiinistrator shall determine t~hat any action of a Code
Authorityv or any agenev thereof may be unfair or unjust or contrary
to public interest, thle Administrator may require that such action be
suspended to afford an opportunity for investigaation of the merits of
such. action and further consideration by such Code Authority or
agency pending final action, wihich- shall not, be effective unless the
Admiinistrator approves, or unless he shall fail to disapprove after
thirty ~(30) dayvs' notice to him of intention to proceed with such
action in its original or modified form.
9. The Code Authiority shall have the following duties and powers:
(a) To admninister the provisions of this Code, provide -for the
compliance of t~he Industry and Trade with t~he provisions of the Act,
and to propose a~nd submit. to the Admninistra.t~or it.s recommendations,
amendments and.'or modtifleations of thiis Ciode, which shall become
effective as a p~ar~t thereof upon approval by the Admninistrator after
such notice and hearing as he may specify.
(b) To adopt by-law~s and rules and relations for its procedure
anid for the admiinistratiorn and enforcement of the Code.
(c) To review allI questions or disputes arising under this Code;
receive complaints of violations of this Code, make investigation
thereof, provide hearings thereon, adjust such complaints, and refer
unadjusted violations t~o thie Administrator wFith a report and recom-
mendations for appropriate action.
(d) It shall create as an1 agency of the Code Aut~hority a Joint
Industrial Relations B~oard consisting of an equal number of repre-
sentatives of employers and employees, andl an impartial chairman
elected by the M~ember~s of the B~oardf, to deal with all mlatter;s in the
Code r-elating to Hours, WCages, andt general labor provisions. The
designated employees representatives shall be: truly representative
of the employees of the trade and2 chosen by such employrees.5
(e) To obtainl fromt members of t~he Industry and Trade such
information anld reports as ar~e required for the administration of the


* Amended. see paragraph 2 (3) of order approving this Code.







109


ii~l~iCode and to provide for submission by members of such information
I and reports as the Administrator may deem necessary for the pur-
poses 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; providied
that nothing in this Code shall relieve any member of the Industry
or Trade of any existing obligations to furnish reports to any
government agency. No individual reports shall be disclosed to
any member of this Industry or Trade or any other party except
to such govern mental agencies as may be d irec ted byr the
Adm inistrator.
(f) To use such trade associations and other agencies as it deems
proper for the ca~rryingr out of any of its activities prov~ided for
herein, provided that nothing herein shall relieve the Codle Author-
ity 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.
(g) To make recommendations to the Administrator for the
coordination of the administration of this Code w~ith such other
codes, if any, as may be related to the Industry and Trade.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry and Trade in
their relations with each other or with other industries and trades
and to recommend to the Administrator measures for industrial
planning, including stabilization of employment.
10. It being found necessary, in order to support the adminis-
tration of this Code and to maintain t~he standards of fair comipeti-
tion established by this Code and to effectuate the policy of the
Act, the Code Authority is authorized, subject to the approval of
the Administrator:
(a) To incur such reasonable obligations as are necessary and
.proper for the foregoing purposes and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he mnay deemn necessary,
(1) an itemized budget. of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
Industry ;
(c) After such budget and basis of contribution have been ap-
provedl by the Administrator, to determine and secure equitable con-
ii. tribution as above set forth by all such~ members of t~he Industry,
and to that end, if necessary, to institute legal proceedings therefore
in Its own name.4
11. Only members of the Industry complying with the Code and
contributing to the expenses of its administration as provided in
Section 10 hereof shall be entitled to participate in the selection of
i~~ the members of the Code Authorityv or to receive the benefit of its
voluntary activities or to make use of any emblem or insignia of the
National Recovery Administrationo
"Aedd.Seprarp ()o odraprvn hi oe
s~mended. See paragraph 2 (5) of order approving this Code.









ARTICLE VII-UTNFAIR COMPETITION
The following practices constitute unfair methods of competition
for the Industry and Trade and are prohibited:
SElCTION 1. C'ost.-No member of this Industry or Trade shall sell
any products of the Industry or Trade below his individual cost as
determined by ain adlequate method of cost finding containing the
principal elements of cost and capable of uniform application within
the Industry and Trade, when such method shall b~e formulated by
the Code Authiority and approved by the Admlinistrator; provided,
however, that any member of the Industry or Trade may sell below
his individual cost to meet bona fide competition in any specific
instance if hie first notifies the Code Aut~horityrs of this intention
sell below hiis cost., and states the name and addrs ftecmei
tor; and pr~ovided further that equipment which has been on dis-
play' for six (6) months or longer and is in such condition that it
cannot be sold as new equipment may be sold at a discount not
greater thann ten per cent (10go) o~ the current list price, f.o.b. loca-
tion, and in such cases a description andl the serial numbers of such
equipment shall be filed with t.he Code AuthoritSy. All stocks of dis-
continued models of dental equipment shall be excepted from the
application of the cost provision of this section if there shall be fied
with the Code Authority a list of such equipment stating the quan-
tity, original list price, serial numbers and the list price at which
such equipment will be offered for sale. Reports shall thereafter be
filed with the Code Autl~hority every ~ninety (90) days showing the
sales, if any, of such equipment during the preceding ninety (90)
dyperiod.
SECTION 2. n92800tIns.--No member of the Trade shallgiv~e anyOOO)
discounts for cash on sales of less than one hundred dollars (.100)
nor in excess of two per cent (2%0) for cash on sales of one hundred
dollars ($100.00) or more, where delivery is made at one time or on
deposit necounts of one hundred dollars ($100.00) or more.
SECTION 3. Dating.--(a) No member of the Industry or Trade
shall date more than five (5) days beyond or before date of delivery
any invoice in connection with thie sale of any equipment, materials
or supplies.
(b) In order to prevent direct or indirect evasion of subsection (a)
of this Sectio-n 3, no member of the Industry or Trade shall ship
equipment which has been soldl on conditional sales contract until
the full initial payment has been made.
SECTION 4., Returne2d Good~s.--No mlember of the Industry or Trade
shall accept goods returned for credit except in accordance with the
established rules of the manufacturer shiown in his price list on fle
with the Code Authiority,? provided, however, that nothing contained
in this section shall be construed to deprive any buyer of any
right which may exist by law to return merchandise which is defee-
tive or which in some other respect fails to conform to the agreement
of sale.
SECTION 5I. Special Allowuances.--No member of the Industry or
Trade shall give special allowances or special diseCunlts nas betwPeen
purchasers to induce any purchaser to givle p~refere~nce to a given
seller, or products, or by purchase or substitution of stock for that







111


of a competitor; or allow above scrap market prices for precious
metals, or give special allowances on merchandise sold or supplied
in exchange therefore.
SECTION G. E4UipmRelt dl/OPGRnce.-No member of the Industry
or Trade shall give larger allowances on used equipment in con-
nection with the sale of new equipment than the reasonable market
value of such used equipment. The Code Authority with the ap-
proval of the Administrator shall from time to time adopt uniform
appraisal schedules for used equipment based upon the reasonable
market value of such used eqluipmhent and such schedules when so
approved shall constitute prima facie evidence of reasonable market
value. In a~ny case where allowances are mzade in excess of such
appraisal schedules t~he member allowing same shall immediately
fi furnish the Code Authority withl full and complete dlet~ails regard-
i~r ing such allowance a.nd give reasons t~herefo~r, and if the Code Au-
thority shall find that any such allowance is inl excess of the
reasonable market value, it may refer th'e same to the AdmZinist~ra tor
for appropriate action.
SECTION T. COn~iyrn/Rent Ol Tr-ial.--
(a) No member of the Industry or Trade shall consign equipment
except that upon bona fide order or contract approvedl by t~he Code
Authority or the Adm~inistrator, equipment may be consigned to
dental colleges for demonstration purposes."
(b) No member of the IndustrY or Trade shall place equipment on
trial.
(c) No member of the Indust.ryv or Trade shall consign stocks of
precious metals for use in dent~istry.
(d) No member of the Industry or Trade shall consign any dental
materials or supplies t.o any dentist, laboratory or college..
SECTION 8. Glitra -1688e.-NoO member of the Indust~ry or Trade
shall guarantee any product against inherent defects in wo~rkman-
ship or materials for any Period longer than one year.
SECTION 9. ?8/88 NallCER-g Gnn 1 Brnding.--No member of the
-Industry or Trade shall falsely mark or brandl any product, of the
Industry in a manner which is intended to or does hlave the tendency
to mislead or deceive customers or prospect~ive customers whether
as to grade, quality, quantity, substance, character, nature, origin,
size, finish or preparation of any products of the Indlustry.
SECTION 10. Mlisrepr-iesentationl or Folse or M~ide~adxing Adv~zerti~s-
inlg.--No member of the Industry or Trade shall make or cause or
knowingly permit to be madc'e or published any false, manterially in-
accurate, or deceptive statement by way of advertisemnent or other-
wise, whether concerning the grade, quality, quantity, substance,
character, nature, origin, size, finish or preparation of any products
of the Industry or the credit terms, values, policies or services of anry
member of the Industry or Trade or otherwise having the tendency
or capacity to mislead or deceive customers or prospective customers.
SECTION 11. Commercial Bribery ---No member of the Indust~ry or
Trade shall give, permit to be givfenin or iretlyoffer to ie, any-o
thing of value for the purpose of nlecn rrwrigteato
of any employee, agent or representative of another in relation to the
Amended. See paragraph 2 (6) of order approving this Code.







112

business of the employer of such employee, the principal of such
agent, or the represented party, without the knowledge of such em-
ployer, principal or party. Commllerial 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 commercial bribery as hereinabove defined.
SECTION 12. Inlter'fer'elCd teClith CORIIV)ICthid R8/ALfiOn8.--N o member
of the Industry or Trade shall mzaliciously induce or attempt to in-
duce the breach of an existing oral or written contract between a
competitor and hiis customer or source of supply or interfere with or
obstruct t~he performance of any such contractual duties or services.
SECTION 13. Rebates.--No member of the Industry or Trade shall
p~ay or allow rebates, refunds, commissions, credits or unearned dis-
counts, whether in the form of money or otherwise, or extend to
certain purchasers any special services or privileges not extended to
all purchasers on like terms and conditions. Provided, that nothing
contained herein shall be construed to alter in any way the provisions
of Section 11 of this Article.'
SECTION 14. GiLing of Prizes, Premiu~m or Gift~s.--No member of
the Indlustry or Trade shall give or offer to give any prizes, pre-
miiums or gifts in connection with the sale of products of this Indus-
try or as an inducement thereto, or by any scheme which involves
lottery, miisrepresentation or fraud; provided, however, that nothing
contained herein shall be construed to alter in any way the provisions
of Section 11 of this Airticle.
SECTION 15. Definzition.--No member of the Industry or Trade
shall cause the defamation of competitors by falsely imputing to
thIem dishonorable conduct., inability to perform contracts, quest~ion-
able credit standing or by other false representations or false dis-
p~aragement of the grade or quality of their goods.
SECTION 16. Threants of Litigation..-No member of the Industry
or Trade shall publish or circulate unjustified or unwarranted threats
of legal proceedings which tend to or have the: effect of harassing
competitors or intimidating their customers. Failure to prosecute
in due course shall be evidence that any such threat is unwarranted
or unjustified.
SECTION 17. Espionage of Competitors.--No member of the In-
dustry or Trade shall secure confidential information concerning
the business of competitors b~y a false or mnisleadinga statement or :
representation or by false impersonation of one in authority or by
bribery or by anyi other unfair method.
SECTION 18. Advl~er'tising.- No member of the Industry or Trade
shall use or attempt to use coercion or undue influence t~o prevent
any publisher of dlent~al periodicals from accepting advertisements
from any other member of the Industry or Trade.
SECTION 19. Equ)2ipm.enrt Sales Con~tra~cts.-(a) No member of the
Industry or Trade shall sell any equipment of the industry
w~ithlout requiring to be paid in advance an initial cash payment
of not less than twrent~y-five per cent (25%0) of the amount of
the contract price or in the case of the sale of new X-ray machines
and tubes, an initial cash payment of not less than one hun-
Amended. See paragraph 2~ (7) of order approving this Code.







113


dred dollars ($100.00); provided that if second hand equipment is
accepted as part of the initial payment, a cash payment of not less
than ~ffteen per cent (15%0) of the contract price must also be ob-
tained so that together with the allowance made on the second hand
equipment, such total shall equal or exceed twenty-five per cent
(25%) of the contract price. The minimum cash payment on new
XZ-ray machines shall be one Hundred dollars ($100i.00) regardless
of whether or not second hand equipment is accepted. The mini-
mum cash payment on used X(-ray machines with used Xi-ray tubes
shall be: not less than ten per cent (10%) of the cost thereof.
(b) No member of the Industry or Trade shall sell any equip-
ment of the Industry as set forth in Subsection (a) of this Section
on a deferred payment contract without adding to such contract
a charge at the rate of six per cent (6%) per year on the full
amount of the unpaidt balance t~o cover interest, insurance, andl
financing charges and to be added to the contract. and distributed
equally over the dlef erred payments for the period of the contract,
provided, however, that nothiing contained herein shall be: so applied
asn to violate any applicable state or fedePral law relatingr to proper
interest or other legal charges for such contract.
(c) No member of the Indus~tr or Trade shall sell any equip-
menit of the Industry on an installment contract basis to run for a
period longer than thirt~y-six (36) months, nor shall anyv member
accept monthly payments under such contracts with any cone buyer
of less than ten dollars ($10.00), except with the appr~oval of t~he
Code Authority.
(d) No mlember of the Industry or Trade shall include in equip-
ment contracts any sundry merchandise having a sale price of more
than ten per cent (10%c) of the amount of such equipment contract,
nor in any event more than one hundred seventy-five dollars
($1 75.00).,
(e) No member of the Industry or Trade shall enter into any
supplemental installment contracts with a customer who is already
under contract with the same member unless such supplemental con-
tract shall provide for an initial cash payment of not less thian
twentyv-five per cent (25%0) of the amount of the contract price and~
for a. charge at the rate of six per cent (6%~) per year on the full
amount of the unpaid balance to cover interest, insurance and
financing charges, and to be: added to the contract and dlisctributed
equally over the deferred payments for the period of the contract,
provided, however, that nothing contained herein shall be so ap-
plied as to violate any applicable state or federal law relating to
proper interest or other legal charges for such contracts. The min-
imum monthly payment on any such supplemental contract shall be
five dollars ($5.00).
(f) All members of the Industry and Tradle shall makze an in-
terest charge of at least six per cent (6%1) on deferred payments
if not paid at maturity, provided, however, that nothing contained
herein shall be so applied as to violate any plcal taeo
federal law relating to proper interest or oterlegabl charges fr
such contracts.







114


SEurroN 20. No member of the Indlustry or Trade shall sell any
product of the Industry at prices less or discounts greater or on
terms more favorable than those currently filed by such member
with the Code Authority.
SECTION 21. No member of the Trade selling a volume of products
of the Industry on a deferred payment basis, shall extend terms
longer than ten (10) months nor in any case accept monthly pay-
ments of less than ten dollars ($10.00) except with the approval of
the Code Authority.
SECTION 22. Nothing in this Code shall imnit the effect of any
adjudication by the courts or holdings by the Federal Trade Com-
mission on complaint, finding and order that any practice or method
is unfair, provided that such adjudication or holding is not incon-
sistent with any provision of the Act or of this Code.
AnTICLE VIIT-11ODIFICATION

SECTION 1. Thlis Codle and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under said Act.
SECTION 2. This Code, except as to provisions required by the Act,
mlay be modified or amended on the basis of experience or changes
in circumstances, such modifications or amendments to be based upon
application to the Administrator and such notice and hearing as he
shall specify, and to become affective on approval of the President,
unless otherwise provided.

ARIrrCLE IXY-MbONcOPOLIEs, ETc.

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate., oppress, or discrim-
inat.e against small enterprises.
ARTICLE XY-EFFECTIV'E DATE

This Code shall become effective on the first Monday after its
approval by the President.
Approved Code No. 482.
Registry No. 1617-1L.














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