Code of fair competition for the photo-engraving industry as approved on December 23, 1933 by President Roosevelt

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Material Information

Title:
Code of fair competition for the photo-engraving industry as approved on December 23, 1933 by President Roosevelt
Portion of title:
Photo-engraving industry
Alternate title:
Code of fair competition for the photoengraving industry
Physical Description:
p. 429-441 : ; 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:
Photoengraving -- Law and legislation -- 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. 180."
General Note:
"Registry No. 504-1-04."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931152
oclc - 63654718
System ID:
AA00008407:00001

Full Text







N ATION AL RE COVER ADM INISTRATION




CODE OF FAIR COMPETITION

FOR THE


PHOTO-ENGRAVING INDUSTRY


For ale by the Sulprintendent of Documents. Washington, D.C. - Price 5 cenal


Approved Code No. 180


Registry No. 504--1-04


AS APPROVED ON DECEMBER 23, 1933
BY
PRESIDENT ROOSEVELT


II ; I I


2. Letter of Transmittal
3. Code







UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON :1933


























This publication is for sale by the Superintendent of Documents, Government
Printing Office, WVashington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commer~ce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Bir~mingham, Ala.: 257 Federal Building.
Boston, Mlass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chlicago, Ill.: Suite 17i06, 201 North Wells Str~eet.
Clevelandl. Ohio: Chamber of Commerce.
Dalllas, Tex.: Chamber of Commerce Building.
SDetroit, MIich.: 2213 First National Bank Building.
H~ouston, Tex.: Chamiber of Commerce Building.
Indianapo~lis, Ind.: Chamber of Commer~ce Building.
Jalcksonville, Fla.: Chamber of Commer~ce Building.
K~ansu~s City. M~o.: 1028 Baltimore Avenue.
Los Angeles, Carlif.: 1163 South Br'oadwny.
I.Louijville, Ky.: 408 Federal Buildling.
MiI emphis, Tenn.: 2"0 Fedleral Building.
M inneapolis, MIina.: 21.3 Federal Building.
New Orleans, La.: Room 225-A, Customblonse.
New York, N.Y.: 734 Custombouse
Norfolk, Va.: 406 Ealst Plume Street.
Phiiladlelphia. Pa.: 933 Commercial Trust Building.
l Pittsbur~gh, Pa.: Chanmber of Commerce Building.
Portland, Oregr.: 215 New Post Office Building.
St. Louis, M\o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Reattle, W~ash.: 800 Federal Building.














Approved Code No. 180


CODE OF FAIR COMPETITION
FOR THE

PHOTO-ENGRAVING INDUSTRY

As Approved on December 23, 1933
BY

PRESIDENT ROOSEVELT





Executive Order

An application having been duly made, pursuant to andl in full
compliance withl the provisions of Title I of the National Industrial
Recovery Act, approved Junie 16, 1933, for my approval of a Codle
of Fair Comnpetitioni for the Photo-Engra~nvingr Indlust ry, and hear-
ings having been held thereon and the Ad~cminis;trator having ren-
dered his report, containing anl analysis of the said Cod~e of Fair Comi-
petition, togrether with hiis recommendatilntons andl finldings wTith respect
thereto, and the Administrator having found that the said Cod~e of
Fair Competition complies in all1 respects with the per~tinent pr~ovi-
sions of Title I of saidl Act, andl that. the requirlements of clauses (1)
and (2) of subsection (a) of Sectio~n 3 of the said Act hav\e been mnet:
NirOW\, THEREFORE~I. I, Frannklinl D. Roosevelt, PrIesidecnt of thle
United States, pursuant to thle authlority ves~rtedl in mIe by, Title I of
the National Industrial Recovery Act, approvedl June 16l, loS:<, and
otherwise, do hiereby adopt andl a pprove t he reportt, recom mendlations
andl findings of the: Administrator and d-o order that the said~ C'ode
of Fair Comp~etition be andl it is her~eby app,1\rove, subject to the
following conditions:
1. That the maximum hours of work sp~ecified- in Article III of
the Code and, or any other provisions of the Code relatingr to hours
of work, shall not be construed as a miinimumn work day or w~ork
week ;
PROV'IDED, that if at any~ time in any locality~, employees en-
gaged in any trade or craft, through their chosen representatives,
express by written request. to their emnploy~er or employers, a desire
to share available work wlith bona fide resident competent mechanics
in their particular trade or craft, the number of hours mnay be
adjusted by mutual agreement;
29045" 296--104------33 (429)







430


PROVIDED, further, that if local agreement proves impossible
within fifteen (15) days after such request, the question may be
appealed by either party, to a local Boar~d set up by mutual agree-
ment of the partiess, or to the Labor Board established in Article
VIII of the Code.
2. That my~ approval of the Code as a separate Code is limited to
a period of three (3) months from the etfeetive date thereof, and the
Administrator is hereby authorized, after such public notice and
hearing as he miay prescribe, to require the Photo-Engraving Indus-
try to operate under tl~he Code of Fair Competition for the Graphic
Arts Industries.
PROVIDED, however, that if the Administrator so orders, no
changes in any provisions of the Code of Fair Competition for thne
Photo-Engraving Industry other than appropriate modifications of
the definitions and of the Administrative provisions of said Code, are
authorized by this Order of Approval.
FRANKLIN D. ROOSEVELT.

A~ppro-val recommended:
HUGH SI JOHNSON
Administrarto
THE RTVIIIT HOUSE,
December 93~, 1933.














DECEMrBER 22, 1933.
The PRESIDENT,
The T'hite Housse.
SIR: DuringI the wreek of September 18, hearings were held on
codes that had been presented for vaRrious branches of the G;raphic
Arts Industries. It was the suggestion of the Admlinistration that
all the Graphic Arts be brought under one basic code, w~ith the au-
tonomous administration to which they could lay proper claim.
The photo-engraving branch of the industry is essentially a service
branch, selling its product to commercial printers. It waos reluctant
to enter into any alrrsnaengeent w-hereby its customers wTould have a
measure of control over the conduct. of its business. For reasons
which a~re outlined in the Report which has been made to me by
Deputy Administ~rator L~indsayu Rogers, I have deemed it desirable to
present for your approval a separate code for this branch of the in-
dustry. I recommend, however, that your Executive Order make
two conditions of approval of t~he Code, wThich will be mor~e specifi-
cally referred to later.
EXTENT OF THE INDUSTRY

In the year 1931, according to the Census of Ma~nufa~cturers, there
were 617 trade phioto-engravinlg establishments~ employing an average
of 10,095 wage earniers at alln aver ge annual wage of approximately
$2,500. The total value of production during this year. w-as in excess
of $56?,000,000. The employees of all branches of thle Grapl:hic Ar~ts
Industries ar~e highrly1 skilledl and of all these grr oupsi the skill required
of the Photo-Engraving journeymaln is certainly not the least. Rec-
ognition of this condition is implied in the falct that the annual wage
above mentioned compared w~ith an average for commercial printers
in 1931 of only $1,585.
It has not, beeni possible to siepa ra te une~m ployment i n photo-
engravringr separate from unemployment in commercial printing as
a whole. During the month of Augus~tt 1933, after the ge~neral adop-ri
tion of thle President's Reemplomienit Agreement, the s~easonally
adjusted index of employment in the Book and Job branch of the
Graphic Arts was 67~.6 (based on 100 for 1929) which indicated~ a
reduction in the number of fullyv employed wage earners of ap~proxi-
mately one third (1h) from the 1929 level. There is no reason for
infer~ring that photo-engravinlg presents an exception to this con-
dition. Figures presented at the public hearing by union repre-
sentatives of thle Internaltional Photo-Engrraer~s Union, which emn-
braces more than 90 percent of the photo-engravers workers in this
country, conclusiv-ely showed that unemployment in this branch of
the ind-ustry was if anything worse than in the graphic arts as a
whole. In the month of June, 1933, 3,143 photo-engrraving journey-
men, representing 36.9 percent of union membership, w~ere totally
(431)








432


unemployed, and 3,529, representing 41.4 percent of union member-
ship, had only part-timie emplloyment.
HOU7RS AND W~AGES

The Code in its present. form provides a 40-hour weeki as a mnaxi-
m~um for productive employees. There are few establishments at
present operating over this limitation. The application of codal
provisions cannot, therefore, be expected to reduce unemployment
to any appreciable extent. It is to be hoped, therefore, that volun-
tary work-sharing programs will be instituted, and continued where
now prevalent, to take up the slack and to ameliorate to some extent
the conditions now prevailing among thiis highly skilled group of
workers.
A~ basic minimum wage rate of $1.00 per hour for journeymen
phioto-engravers working during the day and of $1.10 for night
work is specified in this Clode. This represents substantial agree-
ment between the industry and thie representative of organized labor.
The provisions for nouprodu~ctive employees conform essentially to
those adopted in codes previously approved.

TRADE PRACTICES

The plrovisions regulating trade practices appear to be intelli-
genly designed to promote fair competition in this industry and
]HYOlv6 nO unSOUnd ecOnOmice pohlces.

aNrALYSIS OF CODE

T'he Code as recommended mnay be. summarized as follows:
Article I states the purposes of the Code.
Article II sets forth various definitions.
Article III provides a standard work week of 40 hours with
certain receptions.
Article IV~ sets minimum wage scales.
Article V' prohibits the employmente of persons under 16 years
of age in this industry, embodies the mandatory provisions of See-
tion 7(a) of the National Industrial Recovery Act, and contains
other provisions relating to general labor conditions.
Article VI establishes a standard basis of cost accounting.
Article 'VII constitutes a Code Authority and gives it certain
powers.
Article VIII estiblashes a, joint Labor BToard to consider and pass
upon any alleged violations, disputes, or nonobservance of the Labor
Provisions of this Code.
Article IX regulates trade practices.
Artile X provides for the modification of this Code in accord-
ance with the provisions of subsection (b) of Section 10 of the
National TIndustrial Recovery Act.
Article XI specifies that no provision in this Code shall be so
applied as to permit monopolies or mnonopolistic practices; and
Article XII fixes the effective date of t~he Codle.







433


CONDITIONS OF APPROVAL

I recommend that your Executive Order specify that the normal
work week of forty hours is not to be construed as a minimum; sug-
gest to the Industry the desirability of reducing the work week below
forty hours when this can be done by agreement between represen-
tatives of the employers and representatives of the employees; and
empower the Labor Board, which the Code sets up, to act as an
agency m using its good offices to effect proper adjustments below
the maximum of forty hours per week.
The desire of the Graphic Arts Industries to have the basic code
cover Photo-Engraving has already been referred to. The present
code does not cover privately owned photo-engraving establishments
(that is, operated in connection with commercial printing establish-
ments and not making photo-engravings for sale). Such privately
owned establishments are covered under the Graphic Arts Code.
Conflicts of jurisdiction are bound to arise.
Under these circumstances, I recommend that your Executive
Order approving this code make, as a condition of approval, the
stipulation that the separateness of the code for the industry will
be reconsidered at the expiration of a three months' period. When
this period elapses the Code will be continued as a separate code
or its provisions will be incorporated unchanged in the Graphic Arts
basic code. The industry agrees to this condition of approval. I
am making the same recommendation in respect of the separate code
for Electrotyping and Stereotyping and in respect of the Graphic
Arts Code, since it may turn out that certain industries and groups
are improperly under this Code.
FINDINGS

The Administrator finds that:
(a) The Code complies in all respects with the pertinent provi-
sions of Title I of the National Industrial Recovery Act, including
without limitation subsection (a) of Section 7 and subsection (b) of
Section 10 thereof ; and
(b) The American Photo-Engravers Association imposes no in-
equitable restrictions upon the membership therein and is truly rep-
resent.ative of the Photo-Engraving Industry; and
(c) The Code is not designed to promote monopolies or to elimi-
nate or oppress small enterprises and will not operate to discrimi-
nate against them, and will tend to effectuate the policies of Title I
of the National Industrial Recovery Act.
I recommend t.hat the Code be approved.
Respectfully,
HUGu S. JOHNSON,
Administrator.
















































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CODE OF FAIR COMPETITION


FOR THE
PHOTO-ENGRAVING INDUSTRY


ARTICLE I--FURPOSES

To effect th~e policies of Title I of the National Industrial Recovery
Act this Code Is established as a Code of Fair Competition for thle
Photo-Engr~avinig Industry, and its provisions shall be the standards
of fair competition for such industry and shall be binding upon every
member thereof.
ARTICLE II DEFINITIONS

The term "' photo-engraving industry as used herein includes all
plants engaged in the production or partial production of p~hoto-
engraved plates for sale or for the use and benefit of others than
the person, firm, or corporation that produces such plates, and all
persons, firms, or corporations that purchase photo-engraved plates
for purposes of resale.
The term member of the industry includes, but without limi-
tation, any individual, partnership, association, corporation, or other
form of enterprise engaged in the industry, either as an employer or
on his or its own behalf.
The termn employee as used herein includes any and all per-
sons engaged in the induustry, however compensated, except a member
of the industry.
The terms "Act and "Adcministrator as used herein means re-
spectively Title I of the National Industrial Recovery ~Act, and the
Administrator for Indust~ria~l Recovery.
Population for the purposes of this Code shall be determiined by
reference to the latest Federal Census.

ARTICLE III--HOURS

1. No employee, or member of the industry, engagedl in the pro-
duction of photo-engravings shall be permitted to work in excess of
forty (410) hours in any one week, or eight (8) hours in any t wenty-
four (24) hour period, except as hereinafter provided. The total
number of hours worked in any twenty-four (24) hour period shall
be continuous except for lunch periods of not less than thirty
minutes andi not miore than one hour.
2. WThen necessary, overtime shall be permitted, but no person
shall work more than a total of 520 hours in any consecutive 13
w-eek~s; prov.,idedi, that when, dlue to the, special character of the work,
or when suitable help is unavailable, overtime shall be perm'itted in
(4135)







436

excess of the maximum hours herein provided. Overtime shall con-
sist of all work performed in excess o~f the current daily schedule of
working hours, and maximum weekly hours and shall be paid for at
not less than time and one half of the employee's regular rate; for
w~ork on Sundays and customarily observed holidays, at not less than
double t~ime.
3. No employer shall knowingly permit any employee to work for
any time which, when totaled with that already performed with
another employer or emnployers in this industry, exceeds the maximum
permitted herein.
4. The provisions of this article shall not apply to outside sales-
men and persons employed in a. managerial or executive capacity,
who recetive more t~han $35.00 per week, excepting those engaged in
t~he production of p~hoto-engrav~~ing; or to emergency maintenance
and repair mnen, janitors, drivers, and delivery men, provided that
such employees shall not be permitted to work in excess of 44 hours
per week.
AnnICLE I7- VABGES

1. No journeyman of five (5) years or more experience, and no
worker of more thnn three (3) years experience who regularly
performs journeymnen's duties, shall be paid at less than the rate of
$;1.00 p~er hour for hours worked between 8 A.MI. and 6 P.1\l.; nor
shall any such employee be paid less than $1.10 per hour for work
performed regularly between the hours of 6 P.1\L and 8 A.1\I. In
no instance shall the foregoing be applied in a manner to reduce the
present hourly rate paid to any employee. It is specifically under-
stood that the for~egoing provision is intended to establlshl only
miniimum and not, maximum wage requirements.
2. The ratio of apprentices sha~ll be not more than one apprentice
to three journeymen regularly emnployed, provided that this provi-
sion shall not apply to appr~entices employed on December 1, 1933.
The minimum wages for apprentices shall be basedl upon length of
experience as follows: First year, 300 per hour; seconnd year, 406
per hour ; third year, 500 per hour; fourth year, 656 per hour; fifth
year, 800 per hour. All apprentices emiployed by employers in this
Industry shall be registered with the Codle Authority.
3. Emnployees not. covered by Sections 1 anid 2 of this article shall
be paid at n~ot less than the following rates: $15.00 per weekr in any
city of over 500,000 population, or in the immediate trade area of
such citP; $14.50 per w~eek in any city of between 250,000 and 500,000
population, or in the immediate trade area of such city; $141.00 per
week in any city of between 2,500n and 250,000 population, or in the
immediate trade area of such city; $12.00 per -week in towns of less
than 2,500 population. No errand or messenger boy shall be paid
less than 8000 of the minimum wages specified in this section for
the applicable area.
ARTICLE V--GENERAL LABon CONDITIONS
1. No person under sixteen years of age shall be employed in the
industry. No person under eighteen years of age shall be employed
at operations or occupations which are hazardous in nature or dan-
gerous to health.







437


2. In compliance with Section 7 (a) of the Act it is provided:
(a) That employees shall have the right to organize and baLrgain
collectively through representatives of their owvn choosing, and shall
be free fr~om the interference, resitraint, or coercionr of employers of
labor, or their agents, in the designation of such. representatives or In
self-organization or in other concerted activities for the purpose of
collective bargaining or otheir mutual aid or protectionl;
(b) Tha~t no employee and no one seeking employmnt.lt shall be
required as a condition of unemployment to join any7 company union
or,,,. to refr.n fromJoinin, org~anizing, or assistinga a labor orgbaniza-
tion of his own choosing; andc
(c) That employers shall1 comply with the miaximiumi hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescrib~ed by the Presidcnt.
3. No employer shall reclassify employees or duties of occupations
performed or engaged in anyr other sulbterfulge for the purpose of de-
feating the purposes or provisions of the Atct or of this Code.
4. No provision in this C'ode shall supersede any3 State or Federal
la w which imposes on employers more stringent requliremnebts as to
age of emplloyees, wages, horurs~ of wFork, or as to safety, health, sani-
taryv, or general working conditions, or insurance, or fire protection,
than are imposed by this Code.
5. Nothling in this Clode shall be construed or applied to supersede
or interfere withl existing agreements arrived at by bona fide col-
lective bargaaining, unless the same ar~e revisedl by mutual consent of
the contracting parties.
6. Every employer shall manke reasonable provision for the safety
and health of his employees at the place and during the hIours of
their employment.
7. Standardncs for safety and health shall be submitted by the Code
Author~ity to the Administrator for approval within sixty days after
the effective date of this Codre.
8. A placard containing all the provisions of this Coden relating
to hours, wagres, and em~ployment shall be posted in a prominent
place in the workr~oom of eac~h establishment operating under this
Code.
ART.IICLE VTI-COSTSs

1. The basis of estimating and pricing in the phioto-engraving
industry shall be the Standard Scale for Photo-Engravings, Form
H, and the Standard Scale for Color Process Plates, Fiorm G, which
scales were in effect August 1, 19:3C, and prior thereto; or such
revisions thereof as may fromu timne to time be approved by the Code
Authority and the Admninistrato-r.
2. The principle of pricing shall be one price to all customers
for like services and: like conditions o~f production and costs.
3. Every photo-engrav\ing establishment. shall maintain the Stan-
dard Cost Finding System and Standtard Accounting System ap-
proved by the American Photo-Engravers Aissociation and by th
Administrator; or systems comparable therewith when approved by
the Code Authority and the Adlministrator.







438

4. Selling below the cost of production shall be a violation of this
Code, provided that the producer may sell below his own cost to
meet competition by a producer who does not violate the Code.
5. The t~ermn cost of production as used in this Code shall in-
clude all expenses of manufacturing, distribution, administration
and financing incident to the conduct of business, ascertained in
accordance wTith the Accounting and Cost Finding Systemis pro-
vided in Section 3 of this article, and the wages, salaries of proprie-
tors, partners, andl stockholders shall be the wages and salaries paid
for like services and under like conditions, but in no case less than
the standards provided in this Code.
ARTICLE VTII-ArDMIINISTRBTION

1. There shall forthwith he constituted a Code Authority consist-
ing of five (5) persons, to be selected in the following manner: four
members shall be selected by the Executive Committee of the Ameri-
enn Photo-Engrarer~s' Association;3 one member shall be selected by
t~he Elxecultive Conmmifttee of the E~mploying Photo-Engravers' Asso-
ciation of America.
2. In addition to membership as above provided, there miay be
three (3) members, without vote, to be appointed by the Adminis-
trator to serve wTithobut expense to the Industry.
3. Ealch tra~de association, directly or indirectly, participating in
the selection or netivities of the Code Authority shall (1) impose no
inequitable restrictions on membership, and (2) submlit to the Admin-
istrator true copies of its articles of association, bylawls, regullations,
and any amendments when made thereto, together with such other
information as to membership, organization, and activities as the
Admninistrator may deemn necessjar~y to effect~uate the purposes of
thie Act.
4. In order thnat the Code Authority shall at all times be truly
representative of the industry and in other respects complyv with the
provisions of the Act, the Admninistr~atorr may prescribe such hearings
as he mnay deemn proper; and- thiereafter if he shall find that the C~ode
Authority is not truty~ representative or does not in other respects
comnply with the pronionils of the Act, miay require an appropriate
modi ficat i5n in the method of selection of the Coude Authority.
5. \lem~bers of the industry shall be entitled to participate in and
share the benefits of the activities of the Code Authority and to par-
ticipate in the selection of the members thereof by assen~ting to and
complying w~ith the requirements of this Code and sustaining their
reasonable share of the expenses of its administration. Such reason-
able share. of thie expenses of adlministlration shall be determined by
the Code ALuthority,: subject to review by the Admninistrator, on the
basis of volume of business and,.'or such other factors as may be
deemed equitable.
6. Nothing contained in this Code shall constitute the members of
the Code Authority partners for any2 purpose. Nor shall any mem-
ber of the Code Authority be liable in any manner to anyone 1'oran
act of any other member, officer, agent., or employee of the Code
Authority. Nor shall any member of the Code Authority, exercis-
ing reasonable diligence In the conduct of his duties hereunder, be







439


liable to anyone for any actionl or omission to act undcer this Code,
except for his own willful misfenasance or nonifensanice.
7. TheP Code Aurthorty~ shall have' thec fo~llowing;~ further powTers
and duties, the exercise of which s~hall be r~ep-orted~ to the Adminlis-
trator and shall1 be subject to his r~ight, oni r~~e~vie to d~i applrove any
action takeni by the Code Authocrity'.
( .To insure thec executionl of thre poi, ion;, ls of this Codec and
pro id e for the compliance~ of thle ind~.ustry2 w'ith the p~rovisions of
the Lt.
(b) To ad~opt bylaws and rules andl regulations for its procedure
and for the adminirstrantion andl eniforcnement of the Code.
(c) To obtain from members o~f the indusltry such information
and reports as ar~e r~equir~ed for the adminilstratiocn of the Code and
to provide for submission by members of suich information and re-
ports as the Admninistrantor mayv deeml necessary for the purposes
recited in Section 3 (a) of the Act, which information and reports
shall be submnitted by mnember~s to such admlinis;trative and/or gov-
ernment agencies as the Adminiiistator may~ dlesiglnate; provided that
nothing in thlis C'ode shall r~elieve~ any memb7~er of the industry of
any exis~tingr obligations to furnish reportsi to any government
agency. No individual reports shall be disclosed- to any other mem-
ber of the industry or any other Party' ex'ep~t to such governmnental
agencies as may8 be directed by the Adml~inistrator..
(d) To use such trade associations andr mother agencies as it deems
proper for the car~ryingr out of any! of its activities provided for
herein, p~rovided- that nothing herein shall relieve the Code Authority
of its duties or r~esponrlsibilities under this Code and that such trade
associations and agencies shiall at all times be sub~jectt to and comply
with the provisions her~eof.
(e) To manke re~ommlendationson to the Admlninistrator for the co-
ordina~tion of the administration of this Code withh such other codes,
if any, as mnay be related to the industry.
(f) To secure from mlember~s of the indlustryr an equitable and
proportionate payment of the reasolnable expenses of maintaining
the Code Autlhority and its activities.
(g) To recommend to the Administrato~r further fair trade prac-
tice provisions to~ gorn\t~I membersr of the inllustr~y in their relations
with each other or with other industries andi to- recommend to the
Administrrator measures for industrial planning, including stabiliza-
tion of emnploymnent.
(h) In the absence of cost. dafta and pending the compilation of
suich da~ta in1 all photo-engra vinIg establishments, to prescribe regula-
tions for determining the cost of production in each establishment,
based upon that. establishment's own actual expenses, for the pur-
pose orf enforcing Se~ction 4 of Article V'I.
(i) To designate which regional agencyl, or agencies, shall have
jurisdliction over complaints mnvolving unfair competition arismng
between members of t.he industry located in different districts.
ARTICLE VIII-LABOR IJOA-RD

A Labor Board to consist of one member selected by the ALmericanl
Photo-Engravers' Association, one member selected by the Employ-







440,


ing Photo-Engravers' Association of America, and one member se-
lected by the International Photo-Engravers' Union of North Amer-
ica shall consider and pass upon any alleged violations, disputes, or
nonobservance of the labor provisions of this Code. All decisions
of the Labor Board shall, if unanimous, be final. In the event that
no agreement is reached the matter shall be referred to the appro-
priate governmental agency.
ARTICLE 11- TRADE PRACTICE nULES

1. Estimates made upon work dlone by another photo-engraving
concern for the purpose of a checks estimate shall only be furnished
w~hen the estimator has access to all copies and specifications involved
in the original order.
2. Photo-engrravers who secure an order on a competitive-bid basis
may be required by the Code Authority, upon request of any unsuc-
cessful bidder, to file their specifications and prices with the Code
Authority .so that it may determine whether any infraction of this
Code has been committed.
3. The granting of cash discounts in excess of 2%,! or for pay-
mnent later than the 15th dlay of the month following date of invoice,
shall constitute a violation of this C'ode.
,4. The secret payment or allowance of rebates, commissions, credits,
or unearned discounts, whether in the formn of money or otherwise, or
extendling to certain pur~chasers special services or privilegaes not
extended to all purchasers ulnder like terms or conditions, shall con-
stitute a violation of this Codle.
5. No member of the indurstry shall give, permit to be given, or
directly offer to give, any~thing of value for thle purpose of influencing
or rewarding the action of anyv emnploy'ee, agent, or representative of
another in relationl to the business of the emiployer of such employee,
thle principal of such agnrilt? or the represenlted party without the
k-nowledge of such employer, principal, or party. Commercial
bribery plrovisions shall not be construed to prohibit free and gen-
eral rdistribultion of articles commo-nl~y ulsed for advertising, except so
far as such a rt icles arIe act uall' ulsed for comlmercial br~iberyv as herein
albove defined.
6.i Offer~s, secret or otherwise, to furnish photo-engravings or other
p rod wl.ts~ of the ~h ot o-engrav\i ng industry free of chiargre or below
cost to inftluence the sale of' other products or services shall constitute
a violation. of this Code.
7. Offers, secret or otherwise, to furnish other products or services
free of charge or below cost. to influence the sale of phot~o-engravings
or others prodntlrcr of thle phioto-engraving industry shall constitute a
violation of this Codle.
8. Inducing breacrh of contracts or agreements, espionage, imita-
tion of tr~ale names, or enticement of employees for the purpose of
injuring a compectitor shall constitute a violation of this Ciode.
9. No member of thle industry shall publish advertising whetherr
printedl, radio, display, or of any other nature), which is misleading
or inaccurate in any material particular, nor shall any member,
in any way misrepresent any goods (including, but without limita-
tion, its use, trade mark, grade, quality, quantity, origin, size, sub-








441


stance, charneter, nature, finish, material, content, or preparation)
or credit terms, values, policies, services, or the nature or form of the
business conducted.
10. No meember of the industry shall knowingly withh~old fromi or
insert in any quotation or invoice any statement that. ma~kes it inac-
curat~e in any mater~ial particular.
11. No members of the industry shall attempt to indluce th~e breach
of an existing contract between a competitor and his employee or
customer or source of supply; nor shall any such member interfere
w~ithl or obstruct the performance of such contractual duties or
services, provided that nothing in this section shall be construed as
prevent~ing any7 emlploy~er from otherwise offering or givinga employ-
ment to any~ person in thle employ of atnothler; and pr~ovided that
nothing in this section shall prevent any employee from offering
his services to a competitor, nor preventing any emnploy~er from
employing t~he employee of another member of the Induistry where
the initiative in such change is taken by the emlployee.
12. W7illful or malicious deefamation of competitors or the dis-
paragement of comp-etitor~s' products, policies, equipment, or per-
sonnel, shall constitute a violation of this C'ode.

ARTICLE X- 110DIFICATION


subjct t therigt oft~hePreiden, inncrdane wih t e pro-
visions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regula-
tion issued undier said Act.
2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in cir~cumistances,
such mod~ifintions to be based~ uponl application to the Administra-
tor and such notice and hearing as he shall specify, and to become
effective on approval of the President.

ARTICLE XI-M~ONOPOLIES, ETC.

No provision of this Code shall be so ap~pliedl as to permit monopo-
hies or mionopolstie practices, or to eliminate, oppress, or discriminated
against small enterprises.
ARTICLE XII-EFFECTIV'E DA~TE

This Code shall become effective on the second MIonday after its
approval by the President.
App~roved Code No. 180.
Registry No. 504-1-04.




UN IVERSIT OF LOID