Registry No. 1817---01
ATIONAL~CWA~ RECOVERY ADMINISTRATION
aBED CODE OF FAIR COMPETITION
... FOR THIE
NTAL TRADE INDUSTRY
Bj!liABSUB~MITTSED ON AUGUST 23, 1933
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AMERICAN DENTAL TRADE ASSOCIATION
OO.il 'OF FAIR COMPETITION FOR THE DENTAL TRADE
TOil~J BE PRESENTED BEFORE THE NATIONAL RECOVERY ADMINIS-
TRATION UNDER THE PROVISIONS OF THE NATIONAL INDUSTRIAL
T: o; the President of the United States:
Com';rs~es now the Dental Trade by the American Dental Trade
seo~`ccia~icon, 1010 Vermont Avenue, WVa.shington, D. C., and makes
a'pplication for approval of a code of fair competition for such trade
;'ndter t~he provisions and subject to the limitations a~nd requirements
of the National Industrial RecoveryT Act, Public No. 67i, approved
Juine.16, 1933, and respectfully shows:
;'1.Thtt America~n Dental Trade Association is a~n association
c~'omposed of manufacturers, dealers, and fabricators of dental goods,
organized and in existence for more than fifty years and representing
an its membership a prepondersant interest of~ all those engaged in
2 T"hat the American Dental Trade Association imposes no
inequitable restrictions on admission to membership therein and is
truly representative of the Dental Trade.
;3;. That the code herewith submitted is not designed to promote
mo xnaiopolies, or to eliminate and suppress small enterprises, and wi~ll
not operate to discriminate against them and will tend to effectuate
t,,~he policy of the mentioned Act.
4. That such code. will not permit monopolies or monopolistic
The Aemerican Dental Trade Association prays approval of this
bode of fair competition as the code of the Denta~l Trade.
Th~is Code and its appropriate sections shall apply to manufac-
uircers~and dealers making and/or selling dental equipment, material,
or supp~lies. .
s~cTI~ow 1. No one shall use any subterfuge to frustrate the spirit
it mtezt. of this code.
8 c. 2. The President may from time to time cancel or modify any
~,;approval, rule, or regulation issued under this code.
~I; ARTICLE I-IAABOR AND WAGE PROVISIONS
caow 1., That employees shall have the right to organize and
collectively through representatives of their own choosing,
s~hall b~e free from the interference, restraint, or coercion of em-
oesof labor, or their agents, in the designation of such representa-
ves or in self organization or in any other concerted activities for
thepupose of collective bargaining or other mutual aid or protection;
be required as a condition of employment to join any company
or to reframn from jommgnl, orgamizmg, or asszstn a labororma
of his own choosing;
SEc. 3. That employers shall comply with the maximumhor
labor, minimum rates of pay, and other conditions of epos1
approved or prescribed by the President;
SEc. 4. That employers shall:
(1). Not employ any person under 16 years of age. ~
(2) Not work any accounting, clerical, office, service, or saes.e~~~~
ployee (except outside representatives) in any store, o~f~ee, depart-
ment, establishment, or any automotive or horse-drawn passengers
delivery, or freight service or in any other place or manner for s~Qtag
than 40 hours in any one week.
(3) Establish a factory maximum working schedule for all ~mrqe
chanical workers and artisans not to exceed 40 hours per week.
(4) The maximum hours fixed in the foregoing paragraphs (2) nandi~
(3) shall not apply to employees in a managerial or executive capac~ityl,
who now receive more than thirty-five dollars per week; nor to emii.::
ployees on emergency, maintenance, installation, or repair work; Inosn
to employees listed as watchmen, stationary engineers, and fiemeni.'
In very special cases where restrictions of hours of highly skilled
workers on continuous processes would unavoidably reduce produce- i
tion, at least time and one-third shall be paid for hours worked. inli:
excess of the maximum. :
(5) Pay any of the classes of employees mentioned mn passragrph~
(2) except messengers and inexperienced office assistants no less thanii
$15.00 per week in any city of over 500,000 population, or in the~
immediate trade area of such city; nor less than $14.50 per week.i
any city of between 250,000 and 500,000 population, or in theime
diate trade area of such city; and in towns of less than 250,00
increase all wages by not less than 20%, provided that this icos
shall not require wages in excess of $12.00 per week nor in ~ex~e~ss
wages paid for similar work on July 15, 1929. IMessengers
experienced office assistants shall be paid no less than $10.00 p
(6) Pay to any factory employee of the classes mentionedinp
graph (3), except operators under eighteen years of age or wt
than six months' experience, no less than 35 cents per hour unless
hourly rate for the same class of work on July 15, 1929, was ls
35 cents per hour, in which latter case pay no less than the hu
rate on July 15, 1929, and in no event less than 30 cents erh
Operators under eighteen years of age or with less than sixmd
experience shall be paid no less than 25 cents per hour. Thiisp
graph establishes a guaranteed minimum rate of pay, rgrli
whether the employee is compensated on the basis of a time rate.
(7) Not reduce the rate of compensation for employment norit
excess of the minimum rates of wages..
(8) The provisions of all state and municipal laws regulating
ployment shall be strictly observed.
.AnnCEs II--UNFAIR COMPETITION
fi ollowcing are unfair methods of competition:.
:~~SacrzoN 1. Cost.--The sale of goods or supplying of services in
ljannection therewith below cost, as ascertained in accordance with
approkedl~, accounting methods.
Sec. 2. Cask Discounlts.--
i(a) Cash discounts exceeding those established by the manufacturer
To his printed price list.
(i!:?; b) Discounts in excess of 2%0 for cash on sales by dealer, of $100.00
pI;~. sr over, where delivery is made at one time, or on deposit accounts of
$1t00.00 or over.
Sac' .'$C 3. Advance D3ating.-
,,(a) Advance dating or post dating on the sale of a~ny equipment,
platerial, or supplies more than five days beyond or before date of
(b) Shipment of equipment that has been sold on a conditional sales
contract basis until full initial payment is made.
SEC. 4. Special Allowances.--The giving of special discounts or
Special allowances as between purchasers to induce a~ny purchaser to
give preference to a given seller, or product, or by purchase or sub-
stitrt'ion of stock for that of a competitor; or allowance a7bove scrap
sharki d~b~et price for precious metals, or special allowance or merchandise
sold or supplied in exchange therefore.
SEc. 5. Equipment1 Allowuance.-The allowance on used equip-
ment as part payment on the sale of new equipment in excess of the
il reasonable market value of such used equipment based upon recom-
m' ended used equipment appraisals.
SEC. 8. COnsignment or Trial.--(a) Consignment of equipment by
i) manufacturers to customers, excepting that each manufacturer may
pupply one x-ray to each dental college for demonstration purposes.
(b. ) Placing of equipment on tria~l.
(c) Consignment of goods to dentist or laborattory.
(d) The consignment of stocks of precious metals for use in
SEc. 7. Deferred Pa~yments.--Deferred patymen ts on equipment
ext~plcess of thirty-six months.
;SEc. 8. Guarantees.--The guarantee of any product against, inherent
fa~Scts in workmanship or materials for a period exceeding one year.
B'IEc. 9. Jobbing.--The unauthorized jobbing of dental goods, mate-
r land supplies.
Ec. 10. 1l~isrepresentation of a competitor or a competitor's
c.li~ 11. Equipmentl Contract Sales.
(a)l The first payment shall be at least 25%~ of t.he total amount of
contract, except on new x-ray machines and tubes on which the
pitiali payment should be at least $100.00.
SecondX-hand goods up to the amount of 10%J of the total amount
ofthe contract may be accepted as part of the initial payment, and
toybe for more, in which case the cash payment should be at least
15%f of the total amount of the contract. The minimum cash pay-
thet on new x-ray contracts should be $100.00 regardless of whether
peodhand goods are accepted.
distributed in the monthly payments for the period of the contrac~~t~i,~i~
five dollars per month to be ~the minimum payments.
(f) All deferred payments if not paid ait maturity shall bear intezMA'
at the minimum rate of 6%/ from the date of maturity to thre darith
(g) Sundry merchandise not to exceed 10%0 may be included M..
equipment contracts with a limit of $175.00.
SEc. 12. Dealer Terms of Oed~it:
(a) Regular accounts on goods sold by dealer should be date hei3
payable on the 10th of the following month. Terms should not.e e
ceed 60 days.
(b) Terms on volume sales of merchandise on the deferred paymest@'. i
plan, and tooth sales in $100.00, $300.00, and $500.00 lots should nqt
exceed ten months with a minimum monthly payment of $10.00.
SEc. 13. Chnanlges in Prices and Trmzs.-Manufacturers in t8
Dental Trade shall file in the office of the Agency of AdministraMOR)
at WVashington a complete price list of their products, with phees,i
discounts, and terms to all classes of customers, also any addition~ cjr:
change to their lines, or changes in prices or terms on or before" thii
effective date thereof.
AGENCY OF ADYINISTPRATION
The Amlericatn Dental Trade Association, 1010 Vermont Avenue,
Washington, D.C., is hereby constituted the agency of thePrsdlt
under the supervision of the National 'RecoveryT Administration
carrying out the provisions of this code and to effectuate the
contemplated by the National Industrial Recovery Act, and t
end it is authorized:
1. To establish, without expense to the United States ofAm
all such statistical, accounting, and other services as may be r
ably proper and necessary to effectuate the policy of the Na
Industrial Recovery Act, and the provisions of this code, anda
tion the cost thereof to the trade and with the approval of the
dent, may alter or amend 'the same from time to time asepei
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UNIVERSITY OF FLORIDA
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