Code of fair competition for the silverware manufacturing industry

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Material Information

Title:
Code of fair competition for the silverware manufacturing industry as approved on December 23, 1933 by President Roosevelt
Portion of title:
Silverware manufacturing industry
Physical Description:
1 p., 389-401 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Silverware -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code no. 177."
General Note:
"Registry no. 1223-1-02."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931409
oclc - 31967392
System ID:
AA00008397:00001

Full Text























































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


Approved Code No. 177


Registry N'o. 1223--1-02


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

SILVERWARE

MANUFACTURING INDUSTRY

AS APPROVED ON DECEMBER 23, 1933
BY
PRESIDENT ROOSEVELT


WE DO OUR PART






U.S. D EPO;r 1QaT9.1xectie order
e. Letter of Transmittal
8. Code


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933


























This publication. is for sale by the Superintendent of Docum~entsr, G1ovrunment
Printing Office, WCashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMIMERCE

Atlanta, Ga.: 51'Y Post Ottce Building.
Birmuingham,, Ala. : 257' Fecderal B3uilding.
Boston, Mlass. : 1801 Custombouse.
Buffalo, N~.Y.: CIrrlaumber of Commerce Building.
Char~leston3, S.C.: C~hamber of Commerce Building.
Chicng~c. Ill.: Suite 17?06, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commce.
Dllas13, Tex.: Charmber of Commerce! Building.
Detr~oit, Mlich.: P2213 First N~ationatl Ban~k Building.
H-ouston, Tex.: Chambher of Commerce Building.
Inldianapois, Ind.: Chamlnber of Commerce Building.
Jack~sonville, Fla.: 'lininberr of Comlmerce Building.
Kansas City, M~o.: 1028 Baltimore Avenue.
Los AI:gehl--, Calif.: 1163 South Br~oadway.
Louisville,, Ky.: 408 Federal Buildling.
30l.*utphlis. Tenn.: 229 Federal Building.
Mim unpollllji< M~innI.: 213 Flederal1 Building.
New~T Orleanls, La.: Rloom 225-A1, Customhouse.
New\\ Yo~rk, N.Y.: 734 Customhouse.
N'orfolk. Va.: -100 Eastr Plume Street.
Phliladelp~lhin,, Pa.: 933 Commercial Trust Building.
P'ittsb~urgh. Pa.: ('hulmber of Commerce BIuilding.
P'ortl~nudl Oreg;.: 215 New Post O~ffice Building.
St. Louis, Mlo.: 506 Olive Street.
San Fr.Inci~cco, Catlif.: 310 Customhouse.
Seattle, T~ash.: 809 Federal Building.















Approved Code No. 1771


CODE OF IFAI]R CORllPETI`TION
FOR THE

SILVERWARIE MANUJJF'ACTIU]RING INDUSTRY

As A~pprovred ont Decemnber 23, 1933
BY
PRESIDENT ROOSEVELT






Executive Order

An application having been duly made, pursuant to and in full
compliance with the provisions of Ttle I: of the National Industrial
Recoveryr Act, approved June 16, 1933, for my approval of a Code of
Fair Competition for the Silverw~are Manufacturing Industry, and
hearings having been held thereon and the Administrator having ren-
dered his report containing an analysis of the said Code of Fair
Competition together with his recommendations and findings with
respect thereto, and the ALdministrator having found that tlhe said
Code of Fair Comlpetition complies in all respects with the pertinent
provisions of Title I: of said Alct and that the requirements of clauses
(1) and (2) of subsection (a) of Section 8 of the said Ac~t have been
met.
NOW7, THEREFiORE, I, F'rankilin 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 anrd approve the report, recommendations and
findings of thte Administrator ancd do order that the said Code of
Fair Competition be and is hereby approved.
FRAitNKLIN D. ROOSE`VELT.
Approval recommended:
HUGH S. JOHNSON,
Admnin~istrator.
THE ETHTE HOUSE,
December ,03, 1r98.
282920---96-4-~L---83 (3gg)














DECE1VBER 17, 1933.
The PRESIDENT,
The W/hite House.
SIR: ~A Public H~earing on thEe Code of Fiair Competition for the
Silverware Manufacturing Industry, submitted by the Silverware
Manufacturers Institute, 20 West 47th. Street, New York, N.Y., wrlas
conducted in WTashington on the 2nd of October, 1933, in accordance
with the provisions of the NFational Industrial Recovery Act. This
~Association claims to repr Iesent ninety percent (90%0) of the
Industry.
The maximum hours permitted under this Code are forty (40)
per week~l. During peak: demand periods employees may be p~ermittedl
to work forty-eight (48) hours per week, provided that the average
for anly three m~onthns period does not exc~eed forty (40) hours per
wteek. Provision is made for the employment of hub and die-cutters
for forty-eigrht (48) hours per week, but this class of employee shall
not exc-!eed five percent (5%0) of the total number of employees.
Wantl.hme~n and engineers may work forty-twzo (42) hours when
av\era;ged- over any two week: period. Members of the Industtry while
doing productive work shall come under the maximum hours pro-
vided for in the Code.
Trhe minimum wage is thirty-five cents (354~) per hour. Provrision
is made for learners, who are to be paid eighty percent (80%) of the
minimum wage for a three months learning period, but this class of
emplloy3ee. shall not exceed 5% of the total number of employees.
ALged employvtee to the extent of 2r of the total employees shall be
paid not less than eighty percent (80%) of the minimum wage.
Provision is made for an. equitable adtjustmenclt of all wngaes above thle
DIllllimillll.
Sil~verwFcare is a luxury. The raw malter~ials~ which are used are
costly and this must be r~ec~ognizedl in consider~iing the problems of
production. This should undoubtedly be givern much consider~ation
in seekingr to account for the rapid decline of the industry since
1929, at which time the total value of the products of the industry
were $85,800,000.00. This had dezclinled in 1:)32 to $33,000,000.00.
There was a loss of 29 firms operating in the indusrtr~y from 192L9 to
1933.
I~t should also be etlllhal~sized~ that th~e bus~iness is largely seasonal
since the sales are mlostly madre at certain seasons, viz, Fall, Miay anid
June~ for W~eddings, and Christmas. Fior that reason it is important
that the hours be averagedc downl to for~ty (40) per~l w\ee over a thrlee-
monlths pr~ciodrf ratherl than a flat forty (40O) hlour week.
,Sty'le, fluctatlllionsl in price of silver~i, andr other mauterials and
demandlll play a I~large part in. this indutlryt'J, an"d it is hnlcst, imposs.,~ ible
to notfil.ipal:tle deands, thius leavingr no pos,~ib~le way of so spread'nling)
out th~e work and thne sales over .se\eral muonth~s so asd to retlieve con-
(390)






1391


gestion and give steady employment to the workers and thus prevent
the dull season.
In April 1933 there were 1,572 unemployed workers in this inldus-
try. BIetween April and October 1933 there has beenl a 2090 increase
in employment and approximately 17%L~ increase in the average
hourly rate~ of pay.
FINDIGSC

The Admlinistrator finds that:
(a) The! Code as recommefndedl complies inl all respects with the
pertinent provisions of Title I of th~e Act, including, without limita-
tion, subsection (a) of Section 7 anld subsection (b) of Section 10
thereof ; and that
(b) TZhe Silverwar~e Mianufacturers Institute, the applicant group
herein, imposes no inequitalble restrictions on admission to member-
ship and Is truly representative. of the Silverw~are anlu fac~tur~ing
Ind~ust ry.
(c) The Code as recommended is not designed to p~romo~te monop-
olies or to eliminate or oppress small enterprises and will not operate,
to discriminate against them, and wipill tend to effectuate the policy
of Title I of the Niational Industrial Recovery Act.
This I~ndustryr has cooperated in a most satisfactory manner with
the Administration in the preparation of this Code. From evidence
adduced during this hearings and from recommendations and reports
of the vJarious A~dvisory Boards it is believ-ed that this Code as now
proposed anid revised represents an effective, practical, equitable
solution for this Ind-ustry and its approval as herewith submitted is
recommended.
Respect fully,
HUGH S. JOHNBON,
Adminlist rat or.













FOR TH[E

SILVERW~VARE MANUFACTURING INDUSTRY

ARTICLE I-PTTRPOSES

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 Industry, and upon. approval by the Presi-
dent, its provisions shall be the standards of fair competition for
such Industry andc shall be binding upon. every member thereof.

ARTICLE II- DEFINITIONS

1. The term the "C Industry as used herein shall mean the manu-
fact u re of Sterling Silverwiiare, Platedware, Pewmter; the manufacture
of table knives, forks, spoons, and other flatware, hollow ware,
toilet ware, ornaments, Ecc'lesias~iticr l ware, novelties, etc., where such
articles are composed of solid silver, of metal plated with silver,
gold, or other metal, or of nickel silver, or of pewt-er.
2.i The term member of the indus~try includes, but without limi-
tation, any individual, parltnershipp association, corporation, or other
forml of enterprise engaged in the industry, either as an employer or
on his or its own behalf.
3. The term Institute as used herein shall meann the Silverware
Manufacturers Institute.
4. The term "L division refers to the several parts of the industry
which are or may be established. by the Insctitute? under the definli-
t io.nsi in. Section 1, as follows:
1. Plated Fla~rtware
2. Plated H-ollow WCare
3. Plated Ta'iletwtPare and Novel-
ties
4. Hotelwvare--F 1 a~t wa re and
H-ollow Ware
5. PewFPter, Chrom~rium Plate and
M~iscelllaneoccus
6. Sterllingr Flatwa~r~e
7. Sterling H~ollow WC"are
8. :Sterlingc TIoiletware
9. Sterling~ N~oveltiet~s
5. The term employee as used herein includelrs anyone enga ed
in, the imclusctryS ml anyT capacity receiving compe~llnsatin for Ins
services, i~rre-pel'ctive of the nature or method of payment of such
CmenlLXllsalt jon.
6. The term lear-ner a~s used herein shall meacn anly emnployee
with not more thani three~c months' exper~ince or empllo~ym~ent in this
industry.
(39~2)


COD)E OF FAIR COMNPETIT'IONV






393


7. The term~ hotelware (hollow ware and flatware) as used
herein shall include that mlerchandise customunrily) sold to the hnotel,
club, restaurant, railroad, and steamnship trad~e.
8. T'he terms "APct and "Administ rator as used herein shall mean
respectively Title I of the National Industrial Recover~y Act, and
the Admininstrator for Industrial Recover~y.
ARTICLE~: IIII-H-~JoURm

1. Nlro employee shall be permitted to work in exceess of forty (40)
hours mn any one week or eight (8) hours in ny one day, except as
f 0110 s :
(a) This limitation shall not apply to seasonal peaks dem~anrd peri-
ods during which, however, no employee shall be permitted to wcPork
in excess of forty-eight (48) hours in any one calendar week; nor
shall th av-erag~e hours of employment for any three (3) months'
period exceed forty (40) hours per week.
(b) H ub and die cutters may be employed a maximum of forty-
eht(48) hours per week, but the total number of suchn emplloyeecs
working shall not exceed one in number, or five percent (5%0) of thre
total number of employees engaged by such member of the Industry,
whichever is the higher.
(c) W~atchmen and engineers, who may be employed in pairs, and
shall work not more than thirty-six and forty-eight hours in alter-
nate weeks, or not more than forty-two (42) ]hours per week averaged
over any period of two wFee~ks.
(d) Offi~cers, executives, and employees engaged in a managerial
capacity who receive more than, thirty-fivCe dollars ($35.00) per
week, and outside salesmen, shall be exempt from the maximum
hours herein established.
(e) The maximum hours fixed in this Article shall not apply to
any employee on emergency repair work involving break-downs or
protection of life or property, but in any such special case the average
hours worked by any employee, when averaged over a period of six
months, shall not exceed forty_ (40) hours per week.
(f) Employers while working as producers shall adhere to the
working: hours above prescribed mn Section 1.
(g) Nio employee shall be permitted_ to work for a total number
of hours in excess of the weekly number of hours herein prescribed,
whether he be employed by one or more employers.
Anrca IV---WCAGEEs
1. No employee shall be paid at a rate less than thirtly-five cents
(356) per hour, except as follows:
(a) Learners, who shall be employed as such for not more than
three (3) months, shall be paid not less than eighty percent (80%0)
of the minimum hourly rate! of compensation established in this
Code. The number of learners employed by an one employer mn
any one month shall not exceed one mn number or five percent (5%0)
of the total number of employees of such employer, whichever is
the higher.
(b) Where, because of gephical or mental handicap, a per-
son's capacity is limited, the Code Authority may, upon petition






394


of an employer, andi with thne approval of the Atldministrator, per-
mit such persl'ons to be engaged in. performing light work, provided,
that the wagesrc paid to such employee shall be not less than eighty
percent (80%0) of the minimum rate of pay herein established;
provided, how~ever, that he shall be paid the same rate per piece as
other employees; and provided further, thrat such. persons shall not
in any case exceedl two percent (2%0) of) the total number of persons
regularly employed by the employer so petitioning.
(c) In. the case of employees performing work for which they
are paid per piece of work performed, the minimum rate of pay
shall be sufficient to produce a weekly wage! not less than the mini-
mum rate prescribed in this Code for work on, a time basis.
2. It is the policy of the members of this Industry to refrain from
reducing the weekly rate of compensation of employees whose said
rate of compensation is above the mninimumr rate established in, this
Article. As far as practicable, the rates of compensation for various
labor operations which receive more than the minimum shall be
equtalyadjusted, due account being taken of the number and
extent of such downward adjustments as mnay have been made in any
individual case prior to May 1, 1933, as well as of the number and
extent of such upward adjustments as may have been made sub-
sequenet to that late. Within thirty (30) days each manufacturers
shall report to the Administrator, through the Code Authority, all
readljus~;tmeints of wagecl rates made in accordance with this section.
ARTICLE V- -ENIERAL LABOR PRovisIoNs

1. No person under sixteen (16) years of age shall be employed
in the Industry, nor anyone under eighteen years of age at oper~a-
tions or occupations hazardous in. nature or detrimental to henlthl.
In any State an employer shall be deemed to have complied with
this provision if he shall have on file a certificate or permit duly
issued by the aLuthorit~y in such State empowrlered to issue employ-
ment or age certificates or permits, showing that the employee is of
the required age.
2. In compliance with Section 7 (a) of the Act it is provided:
(a) Employees shall have the right to organize and barga~inl col-
lectively 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 balnrgainig or other mutual aid or protection.
(b) No empllll~oyee and no one seeking employment shall be reqcuir~ed
as a condition of employment to Jomn any company union or to
re~fra;in from. joining, organizing, or assisting a, labor orgamnzation
of his own. choosing, and
(c) Employers shall comply with thie mansimnum ouur~s of Inlbor
minimum rates of pay, and other conditions of employment approved
or prescribed ~by the Presidetnt..
3. No provisions in this Code shall supersede any State or Federlcn
Law which imposes on employer more stringent requl~irements as to
age of employees, wages, hours of work, or as to sa fetyr, health,







395


sanitary, or general wo-r~king condlcitionls th-an are imp~osed~ by this
Code.
4. NJo emp~,lloyrc shall reclassify employees or duties or ocr.upaj:tionsl
performed as they existedt on Ocobr1193 or enlgag~6e in any other
subterfuge. for the purpose of defeating thc pulrp'oses" or provj\isions
of the Act or of this Code.
5. Ea~ch. emplloyer shall po-t and keep poosted full copies of this
Code in conspicuous places, accessible to all employee.i;
6. If anly employer of labor in, the Silverware M\anulfalurtuiI~ri In-
dustryS is also an emuplo.yer of labor in any other Indulstry3 the provis-
ions of this Code shall apply to and affect only that part of his busi-
ness wFihich is engaged in thre manllufacturelr~ of Silverware, as herein1
defined.
ARTICLE VJI-HO ~CT` E TORK

No member of the Ind'ust~ry shall d~istr~ibute or permit to be dis-
tribut~ed, directly or indi~ec~tly, wG5ork of any kindl to be dlone in homle
or homes.
ARTICLE VII--ADMINISTRATION

To further effectuate the policies of the Act, a Code Authority is
hereby est ablishled to cooperate with the Admrninist rator in the admin-
istration of this Code.
1.Ognization and constitution of Code Authority.
(a) The Code Authority shall cor~nsist of the Executive Council of
the Silverware Mannufactuirers Institute, aml inI addlitioni thereto, not
More than three (3) members, without vote and -without compensa-
tion fromt the Industry to be app~oinlted by the Administrator and to
serve for such time as he may d~esignate.e
(b) Vacancies in the p~ersc.nnel of the Code Authority selected by
the IndustryS shall be filledf through~ the appo~intmenrt by the Admninl-
istrator upon nomiination of the Codne Authlority.
(c) In order that the Codle Authority shall at all times bet truly
representative of the industry and in other respecrts compnlly wRith the
provisions of the Ac~t, the Admninisitrator mayn prec~~ribll such) hear-
ings as he moay dleem p'oIper, an1d thereaRfterl if! he shall find that the
Code Author~ity is not truly representative or do~es not in other re3-
spects comply within the provisions of the Act, may taker suchb ac~tio~n
as he mayg deem necessary under the circulms~tam-es.
(d) Each trade or industrial association directly PLtoriyr i drectlty
participating in the selection or activities of the Cd uhrt
shall submit to the Aldministrator true copies of its articles of asso-
ciation, bylaws, regulations, and any amndm~flents whlen made theretto,
together w~ith. such other information as to membertilShipl, organ;llizl-
tion, and activities as the Adlministratolr may deem necessary to
effectuate thet purposes of the Atict.
(e) Any action of the Code Authority or of any agency thereof,
which. the Adlministrator may deem unfair or imnpropr, or which
may be represented to him by any interestedl party, as unfair to any
private interest, improper, or contrary to the public interest, may be
suspended by the Administrator for such period of timer not to exceeid
thirty days, as he may deem necessary to afford an opportunity for
investigation into such action. Further notion by the Code ALuthror-






396


ity, on the nu:tter~ under investigation, shall be held in abeyance
pendlingr final determination by the Administrator.
2. The Code Authority shall have the following duties and/or
powers in addition to those elsewhere provided in this Code, subject
to the right of the Administrator to disapprove any action taken by
th~e Code Authority~.
(a) To administer the provisions of this Code and provide for the
compliance of the industry with the prov~isionls 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, wc9hich information and reports shall be
submitted by members to such administrative and/or government
agencies as the Administrator may designated; provided that nothing
in this Code shall relieve anly member of the I~ndustry of any existing
obligations to furnish reports to any government age~ncy. No inldi-
vidual reports shall be disclosed to any other member of thze Inldustry
or any other party except to such governmental agencies as may be
directed by the Administrator.
(d) To establish an adequate system of cost accounting, capable
of uniform application within the Industry, which, when approved
by the Administrator, shall be used by all members of the Indulstry
as a basis for cost finding.
(e) To use any 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 agenexes shall at all times be subject,
to and comply with the provisions hereof.
(f) To make recommendations to the Administrator for the coor-
dination, of the administration of this Code with such other codes,
if any, as mnay be related to the Industry.
(g) To secure from members of the Industry who assent to this
Code and/or participate in the activities of the Code Authority an
equitable and proportionate payment of the reasonable expenses of
maintaining the Code Authority and its activities.
(h) To recommend 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.
3. No inequitable restrictions on admission, to membership in the
Silverware Manufacturers Ilnstitute, or any other trade association
or organized group participating in th~e activities of the Code Au-
thority, shall be imposed and any member of the Industry~ shall be
eligible for membership mn any such trade association or organized
group upon compliance with t~he provisions of the bylaws relating
to membership, provided that any person, applying for such memb-
bershipp shall, inl addition to the payemnt of such dues as are imposed
upon anld paid by all other members, accept a reasonable and equi-






397


table share of th~e cost of co~de namlinistration. SuChlrj members of the
Indu ctry? whZo do not choose tol bPcomenl members of any~ such trade
association or orgumzedr Eroupll may participate mn the nectiv~ities~ of
the Colfe Author~ity byT playing to the Codte Authority such procpor-
tionate part of the cost olf code a im in ist ra t ion as the C'ode A utho rity,
subject to the disa~pproval of the Adminli.-trato~r, shall prescribe to
be fair and equita7ble.
4. The Codec Authlority shall, within sixrty (60) days after the
effective date of this Code, etafblish a series of quality standards
to marki the various gr~ades andi quaities of the products of the
industry, which -when apprloved by the Admin-irltr~ator, may be used
by) all members of the industry.
ARTICLE VIII -TRADE PRACTICES

The following practices constitute unfair mnethods of competition
for members of thze Ildustry and are prohibited:
1. No member of the Indlustry3 shall sell any product of the Indlus-
try below his individual cost figure, as rettcrmninedl by the cost
accounting systemi to be established byT the Code Authorrity and
approved by the Administratorl; or fail inr thne c.ase of group "
sales to price and bill separately the individual prices of thie articles
comprising said "( groups ", provided, howeve-rr, that any member of
the I~ndustryT may, in order to meet bona fide can a plet it lon in any
spec'ific instance, sell at thne low~5est reasonable cost within the~ Indus-
try, as determined by the Code Authority and approved~~l by the
Admlinistrator, notwithstanding such lowest reasonable cost m~ay be
less thanr his individual cost, and provided further, that obsl>a2~te
and/or discontinued merchand~ise may be sold at less than cost if
it is not d~eliberately auutrdi uhmne stnst rs
trae he piit ndintenrt of this Code. All ale~s belowj cost as
permitted above, and all sales of such obsolete and/or discontinued
merchandise, shall be reported to the Code Anlthocrity within five
(5i) days of the dlate of the sale, giving the name and address of
the purchaser, the date and the amount of thne ale, toger~ther with
any other pertmnent information requested by the Codle Auithor~ity.
2. NVo miember of the Industry shall give, perml~it to be eiven, or
directly offer to gi-ve, anything of value for thne purpose of influenec-
ingJ or rewarding the action of any employee, agent, or repre~sentative
of another in relation to the business of the employer of such em-
.ployee, the principal of such~ agent or the represented party, without
the knowledge of such emplloyer, 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 commercial bribery as hereinz-
above defined.
3. No member of the Industr shall secure or cause to be securled
confidential infformlation concerning the business of a competitor by
art false or misleading statement or representation, by a false impetrsorn-
ation of one in aulthority, or by bribery, or by a-ny other unfair
meth od.
4. No member of the Industry shall procure, or enuse to be p~ro-
cured, any information concerning the business of any othelnr meber






398


of thie Industry which is properlyp regarded- as a trade secret or as
confidential, wCithout such member's consent, provided that this Sec-
tion shall not include information relating to a violat~ionl of any
provision of this Code. "
5. ~No member of the ICndustry shall imitate or copy any original
design, mark, or brand exclusively owned byT any other member of
the industry, or simulate the quality markings as established by the
Code Auth~ority and approved by thre Administrator, on goods in-
ferior in quahty to the standards established for the marks so
simulated.
6. No member of the Industry shall use or substitute any maaterial
differing in quality from that specified by the purchaser.
7. No member of the Industry shall make, cause, or knowingly
prmit to be made or published a~ny false, materially inaccurate, or
dceptive statement by wary of advertisemKent or otherwise, whether
concerning the grade, quality, quantity, substance, character, nature,
origin, size, finish, or preparation of any product of the Industry
or the credit terms, values, policies, or services of any member oj
the Industry, or otherwise having the tendency or capacity to mis-
lead or deceive customers or prospective customers.
8. NJo member of the Industry shall cause the defamation of com-
petitors by falsely imnputing to them dishonorable conduct, inability
to perform contracts, questionable credit standing, or by other false
representations or false disparagement of t~he grade or quality of
their goods.
9. No member of the Industry shall disseminate, publish, or cir-
culate false or misleading information relative to products manu-
factured by such member or knowingly encourage or continue to
sell to any distributor who persists in such practice.
10. No member of the Industry shall make~ or gSive anly g~uaranty
or protection in any form, against advance or decline in the market
price of any product, except as specifically permitted by the Code
Authority subject to the approval of the Administrator.
11. N~o member of the Industry shall misdate any invoice ini such
manner as to result in the customer procuring the merchandise at a
price below the current price.
12. No member of the Industry shall grant to any retail distributor
special discounts or rebates or any allowances, direct or indirect. for
advertising purposes, unless granted to all retail distributors under
like terms and conditions.
13. No member of the Industry shall pay or matke allowances, re-
bates, refunds, commissions, credits, or unearned discounts, whether
in the form of money or otherwise, or secretly or otherwise extend
special services or privileges to certain purchasers not extended to
all purchasers on like terms and conditions.
14. ]No member of the Industry shall fail to adequately mark all
products with th~e manufacturer's name or registered trade mark or
with some other such markr which shall have been registered wcith.
the Code Authority for the purpose of identifying the maker, but
no member of the Industry shall falsely mark or brand any product
of the Induxstry which, has the tendency to mislead or deceive, cus-
tomners or prospective customers, whether as to the grade, quality,






399


quantity, substance, chu~rneter, nature, origin, size, finish1, or prep~ara-
tion of any product of the Industry or otherwise.
15. No mnember of the Indus~ltry shall pennrit any buyelcr to r~eturn
any mer~lc~handise,~e other than. nationally1~ advertisedl merlchalndise or
samples not intendled for recsale, when thie agbrceemlent of sale is fully
performed by suchr me~mber. No nwmbnl:er of the Industry shall1
permit articles which carry a Inatio~nally advertised- price to be re3-
turned by virtue of this section unless the buyer is charged within the
cost of transportation and a m~inimnum refinishing alnd/or rehandling
chlarge3 of ten pc~e~rct (10%1) in the case of plated ware and five
percent (50J) inl the case of all ster~lingr ware Iretulrnced as plrovided
for in this section. Nothing in this section shall be construed to
prevent a member of the Indcust~ry from accepting the return of
merchandise for legaitimaete credit r~easons, wcPhen the return is
alpprovedt by the Clode Authority and/or the ~Admrlinistrator.
1i6. No member of the Industry shall ship any merchandise having
a cost of less than. ten dollars ($10.00) net unless thre~l~ shall be nddedl
to thed invoice and collec~ted' from. the culstomler a package charge of
twenty-five cents (25tt).
17. No member of the Industry shall sell or offer for sale any
article on which the mn~,lufac~turer has stamped any q~iuality mark
established by the Code Authority and approved by the Admin-
istrator as provided for in Section 4 of Article VII unless the actual
quality of said article conforms in. all respects to the standard so
establlishe~d: Provided, however, that this provision shall not become
effect ive for a period of ninety (90) days after the approval of such
estab~lished quality mar~ks by the Admlinistrator.
18. 'No member of the Indusl~try shall ship anyT mer~c.handise except
sterlingf ware on memorandum or consignment or sell such mer-
chandise woith the pri-vilege of returning all or any portion of samne.
The provisions of this section shall not apply to meC'(!lflrchandise shipped
for exhibition puirposes only and not intende:ltd for resale.
19. Nfo mlemlber of the Industry shall ship any sterllingr ware on
memor~ndu~m or consignment~ to remain in the delencr's hands for a
period: longer than fourteen (14) days. On all such mlemlorandum
or consignment shipment the Ielelrr shall be charged with all trans-
p~ortation chargers, and if such sterling ware is not rertu~ne~d within
the p~eriodl herein specified, the dealer shall immeldiately be billed
for somrle and the invoice there~for shall clearly set forth the original
shipp~ing date and the date of receipt of such iterlingr ware by the
dealer, anrl shall not be subject to return, except for legitimate credit
reasons, whrlen such return is approved by the Code Authority and/or
the Admliniistr~ator. The provisions of this section shall not apply
to stetrling w9are ship~ped~ for exhlibition purposces only and not
intendedt~l for resale.
20.1' INoem-ber of the Industry shall publish or otherwise an-
nounce anty guaranty, wheth~er limited or unlimnitedl, for a specified
period of time in connectionPwith the lasting or wearing qualities
of p'latedt ware, or enc~oura~g e or c-nltinue to sell to any distributor
or dealer who persists in pu~blishinga or otherw~ise announce such a
guarantee in connection with the plated wlr~e of the manufacturer
concerned.






400


21. No member of the Industry shall submit contract proposals
for hotel ware on other than standard forms to be established by the
Code Authority, which shall include definite specifications in regard
to base metal, weights of blank~s of flatware for patterns that are
regularly made in more than one weight, solder, silver plating
standard, patterns, special markings, term 11, and unit pr~ic~es, and the
date of such proposal, and unless sp~ecifica~tio-ns have been changed,
no member of th~e Industry shall change his unit price on proposals
already submittedl wohen such chanllge is made to secure award of the
coltlnrc~t by redcl~lng~ such prices below one or more other biddcers.
Nothing in this sret ion, shall be construed to alter any right of any
bidder to withdrllawP his propea,~l before acceptance thereof.
(a) No members~)' 1 of the Industry shall fail to charge for the cost
of special c~onsumellrl markring dies or stamps for hollowc ware or flat-
ware, or for thne cost of mzarkiing consumer's names, monogram, or
crest, wh72ether stamped, hand engraved, etched, or applied on hotel
hollow ware and flatwcare. Cost shall be determined as in Article
VIII, Section (1) of this Code.
(b) No member of the Industry shall participate in connection
with the sale of silverware in the financing in any form of hotels,
clubs, restaurants, railroads, or steamship lines.
(c) WThere a special pattern in hotel ware is made for thne exclu-
sive use of a consumer, no member of the Industry shall fail to
charge for the cost of dies or tools necessary to produce the same,
but upon pay-ment thereof, such. dies or tools for which such charge
is made shall become the property of the consumer who pays for
them. Costs shall be determined as set forth in Article VITII, Sec-
tion (1) of this Codte.
ARTICLE IX-M-IODIFICATION

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 Title I: of the A~ct, from
time to time to cancel or modify any order, approv-al, license, rule,
or regulation issued under said Act.
2. This Code, except as to provisions required by the Act, may be
modified or amended on the basis of experience or changes in cir-
cum~stances, such modifications or amendments 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
unless otherwise provided.

ARTICLtE X--RONOPOLIEs, Ero.

No provision of this Code shall be so applied as to permit
monopolies or monopolistic practices, or to eliminate, oppress, or
discriminate against small enterprises.
ARTICLE XI--PRICE3 INCREASES

WThereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of gools aznd






401.

services increase as rrupuilly as wages~, it is Ic.recogniz edl that pr1ice
increases shold~lc be delayedl~ and that, when madell~ the annelc should,
so far as reasn~~lably pass.cible, be limited toj actual increasestl- in thre
seller's costs.
ARTIcLE XZII--EFFECTI\VE DATE

This Code shall become e~fftc~tive on the first MoI~t~ndy after its
approval by the Presidetnt.
Approv~ed Code No1. 177.
Registry No. 1223-1-02.
O




UNIVERSITY OF FLORIDA
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