For sale by the Superintendent of Doomnents. Washington, D.C. Price 5 cents
NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR COMPE TITION
AS SUBMITTED ON AUGUST 30, 1933
REGISTRY No. 323 02
This Code for the Butter-Tub Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
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CODE OF FAIR COMPETITION ]FORE THEI[F BUTTER-TU~B
Butter-Tub Indulstry.--The Butter-Tub Industry is composed of
manufaacturers of woodlen tubs inr which butter is shipped and
stored, and from wcthich bulk: butter is dispensed.
Efectille Date.--The effective date of this Code shall be the tenth
day following the day this Code is formally approved by th~e
EmpLloyees.-T-Ihe word employees is intended to include all
persons employed in the Butter-Tur~b Industry, with the exception of
"'outside salesmen "' anrd of persons in, managerial and executive posi-
tions receiving more than Thirty-1Five D~ollars ($315.00) per wFeek.
For the purpose of increasing employment, improving wages and
living standards of our labor and taking such steps as are necessary
to rehabilitate and stabilize the Butter-Tub Industry, thereby assist-
ing in effectuating the policy of Title 1 of the National Ind-ustrial
Recovery Act, the manufacturers whose names are transmitted here-
with do hereby subscribe to the following principles:
I. WVe agree that our employees shall have the right to organize
and bargain collectively through representatives of their own choos-
ing and shall be free from interference, restraint, or coercion of
all employees of such Inbor or their agents, in the designation of
such representatives or int self-organization or in other concerted
activities for the purpose of collective bargaining or other mutual
aid or protection.
II. We~ agree that none of our employees and no one seeking
employment from us shall be required, as a condition of employ-
ment, to jomn any company union or to reframn from joinmng, organ
izing, or assisting a labor organization of his own choosing.
It is understood that the foregoing paragraph is not to be so
interpreted as to in any way impair the Constitutional rights of the
employer and employee to bargain individually or collectively, as
may be mutually satisfactory to them; nor does it impair the joint
right of an emnployer and employee to operate an open shop.
~Provided .further, that nothing herein is to be interpreted as
preventing the selection, retention, and advancement of employees
on the basis of thir indiidal merit and without regard to their
affiiation or nontaffiliation with any labor organization.
III. W~e agree to comply with the maaximum hours of labor, mini-
mum rates of pay, and other conditions of employment approved
or prescribed by the President.
IVr. We agree that onm and after th effective date hereof, employ-
ers in the Butter-Tub Industry~ shall not operate on a schedule of
8(676---8 (1 1
hours of labor for their employees in excess of forty (40) hours per
week, averaged over a six months' period; but there shall be no limi-
tation on the number of hours which may be worked in any one day,
nor in ancy one week, provided the average of forty (40) hours per
week over the six months' period is not exceeded.
A sufficient number of employees to provide s~upervision, rmain-
tenance, heat, light, power, and watching shall be exempt from the
provisions of this section.
V. Wie further agree not to employ anly minor under the age of
sixteen (16) years.
VI. We agree that on and after the effective date hereof, the
minimum. wages to be paid by employers in the Butter-Tub Indus-
try to any of their employees shall be as follows:
Adult male labor, 40& per hour.
Female and minor labor, 300F per hour.
The above minimum wage rates shall not apply to pensioners, who
are defined as individuals wCho, on account of age or physical disa-
bility, cannot perform, an able-bodied man's work.
W~e further agree that the above minimum wage rates mnay be re-
vised from time to time in such a manner as will currently effect an
equitable adjustment to variations in the cost of living; such adjust-
ments to be subject to the approval of thne President.
VII. Rules of fair competition in2 ma~rketing.-(a) We agr~ee, in
the event of thne President permitting the establishment of minimum
prices in this industry, that wc\e will not sell our product below the
minimum prices wPhichn are so establlished.
W;Ie further agree that, on the effective date of this Code all manu-
facturers of wooden, butter tubs shall file with the Commissioners
of the Butter-Tub Mannufacturers Council, ten. (10) certified copies
of their current price lists as applying to all of their products wFPhich
are covered byr thnis Code, and ten. (10) copies of a statement as to
their individual basejts of selling through and to their var\1ious chan-
nels of distribution and consixmption.
Suchn price lists and bases of selling are to be considered as mini-
mum and shall remain in effect until the filing, with the Commis-
sioners, of a newr price list and/or a new selling schedule. Copies
of all such price lists and statements will be furnishedl to all manu-
facturers by the Commnissioners, on request.
(b) We agree to use a standard form of sales contract whr~ichn will
included mnaximumn and minimum quantities, definite terms of tie
coverage, adequate description of the productc, and other items neces-
saryr to form a completed,~ unnambiguous agreement between seller
(c) We agree that wFpe will not induce, nor attempt to induce the
breach of any contract between a competitor and his customer.
(d) We agreePP not, to repundia~tep cont~racts~ on ar rising market and
not to accept the repudiation of contracts by buyers on a declining
( e) Wte agree not to ship an butter tubs on consignment.
(f) We agree not to discriminate riebten dfent pur-
chasers in the same clatssification of trade, except as these prices may~
be affected by differences in quantity, quality, and/or transportation
(g) WCe agree not to withhold from or insert in any of our in-
voices, words or figures which will make such invoices a false record.
(h) WTe agree that we will not offer nor gie any secret concessions,
discounts, or rebates in connection with tesale of wooden butter
(i) We agree not to advertise in any way which would tend to
mislead or deceive the purchasing public as to the natre or quality
of the butter tub so advertised.
(j) We agrree not to imitate the trade names used by competitors.
(k W agree not to give any gratuities, whether in the form of
mon or other wise, to an employee of an distributor or consumer
of our product.
(1) We agree not to defame a competitor by words or acts which
call into question his business integrity, his ability to p~erforml his
contracts, his credit standing or the grade, quality, or reliability of
(m) W~e agree to develop and use! a, definite classification of trade
(distributors anrd consumers) in order thalrt unfair dtiscrepancies and
discriminations may be elimiinated.
(n) W Ve agree not to give credit terms beyond 30 days from da~te
of shipment or delivery, or with any' discount in excss of 1% from-
net amount of invoice for paymnent inl 10 dlays.
(0) We agree the t., aside from samples and exhibition tubs "
we will not give any free goods to anyone for any reason.
(p) W~e agree that, because existing productive capneity far ex-
coeds the normal demand, not to increase our productive~ capacity
for a period of twelve (1.2) months from the effective date of ths
Clode, exceptinrg as it may~ be normally incr~easedt through. the subjsti-
t~ution of new for existing equipment or thorough more efficient
methlods of manufactuzre.
In viewr of the foregoing agreement w~e specifically ask that the
Admlinistrator establishl a rule which will make it necessary for any
concern desiring to undertake thle manufacture of wooden butter
tubs, to shlow a necessity for such. increase in produlctivre capacity or
thiat the product he intends to manufacture will better serve th~e
public interest than the butter tubs which are now available.
(q) W~e aLgree to makie no changes in design or construction of any
butter tulb, which contemplate lower manufacturing costs with ac-
companying reduction in, the prIce of such tub, until the proposed
changes and proposed prices have been filed with the Conmussionerls
of the Butter-Tub Mianufacturers Co~uncil and until they have had
u~mple opportunity to notify all butter-tub manufacturers of the
proposed changes and prices.
(r) We agree not to sell butter tubs which are of subst~andlard
capacity, at any price lower than the price we are quoting on the
standard-size tub of the next greater capacity.
To further agree to abide by the standards adapted by thie ]Butter-
Tub Industry in cooperation with. thne Bureau of Statndcards of the
Department of Commerce of the Unlited State~s.
(s) We agree not to give any guarantee agaainst decline in prices,
excepting as it is the individual seller's own decline up to date of
shi pm ent.
VIII. We agree to furnish duly certified reports in such forml anad
at such1 times as may be required by the President, as to the number
of our employees, their hours of employment, and rates of pay; such
reports shall be collected from the memrbe~rs antd transmlittedl to the
President of the Commissioners of the Butter-T1ub M~anufacturers
W~e also agree to furnish t~o the Comlmissioners of the Butter-Tub
Manufacturers Council, such reports as to sales, shipments, unfilled
orders, stocks, etc., as mayr be called for by the Council.I
IX.3 We agree that this Code and all the provisions thereof are
expressly made subject to the- right of the Preside~nt, in accordance
with the provisions of Clause 10 (b) of the NlJational Industrial
Recovery A~ct, from time to time to cancel or modify any order,
approval, license, rule, or regulations issued under T'itle 1. of said
Act, and specifically to the right of the P~resident to cancel or modify
his approval of this Code or any conditions imposed by him upon
his approval thereof.
X. We agree that such of the provisions of this Code as are nrot
required to be included therein by the National Industrial Recovery
Act, may, with the approval of tlhe Preisident, be modified or elimi;-
nated as changes inl circumstances or experience may indicate.
It is contemplated that from time to time supplementary provisions
to this Code or additional Codes may~ be submitted for the approval
of the President to prevent unfair competition in price and other
unfair and destructive competitive practices and to effectuate the
other purposes and policies of Title 1 of the National Industrial
T1he enforcement of this Code and its provisions shall, in the first
instance, be in the hands of a Supervisory Algenlcy to be created by
the Butter-Tpub Manufacturers Council.
UNIVERSITY OF FLORIDA
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