Code of fair competition for the book cloth and impregnating industry

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Title:
Code of fair competition for the book cloth and impregnating industry
Physical Description:
6 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Cloth bindings (Bookbinding) -- Law and legislation -- United States   ( lcsh )
Industries -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
"Registry No.299-29"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 63654441
ocm63654441
System ID:
AA00009824:00001


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UNIVERSITY OF FLORIDA

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3 1262 08482 9794


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
FOR THE

BOOK CLOTH AND

IMPREGNATING INDUSTRY

AS SUBMITTED ON AUGUST 28, 1933



REGISTRY No. 299-29


The Code for the Book Cloth and Impregnating Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
tolbe regarded as having received the approval of
the National Recovery Administration
as applying to this industry


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


SD I
For sale by the Superlhltendent of Documents, Washington, D.C. - Price S cents











































Digiihzed by the Internet Archive
in 2011 with funding from
University of Florida, George A. Smaihers Libiai es with Iuppo Il rom LYRASIS and ihe Sloan Foundation


http://www.archive.org/details/codeoffaircompet9794un I













CODE OF FAIR COMPETITION FOR BOOK CLOTH AND
IMPREGNATED FABRICS INDUSTRY

For the purpose of complying with the provisions of Title I of the
National Industrial Recovery Act, and effectuating the policy of
Congress as declared in said Act, in so far as applies to the within
Industry, the following conditions and principles are adopted as a
Code of Fair Competition (hereinafter referred to as the "Code"),
for the Book Cloth and Impregnated Fabrics Industry.
ARTICLE I-1. DEFINITIONS
(a) "Act" means National Industrial Recovery Act.
(b) "President" means the President of the United States of
America.
(c) "Administrator" means the duly appointed representative of
the President to administer the National Industrial Recovery Act.
(d) "Institute" means the Institute of Book Cloth and Impreg-
nated Fabrics Manufacturers, 103 Park Avenue, New York City.
(e) "Industry" means and includes all corporations, firms, or
individuals in the United States, actively engaged in the manufacture
of book cloths and/or impregnated fabrics for bookbinding purposes,
(f) "Persons" means natural persons, partnerships, associations,
corporations, and trusts, including trustees in bankruptcy and
receivers.
(g) "Effective Date" means the first Monday after the first
Tuesday after this Code is duly approved by the President.
(h) "Employees" means those persons employed in the manufac-
ture of book cloths and/or impregnated fabrics.

ARTICLE II--MEMBERSHIP
Any member of the Industry is eligible for membership in the Insti-
tute. The provisions of this Code, in so far as provided by the Act
shall be applicable to all members of the Industry, and each member
thereof shall be responsible for his pro rata share of reasonable costs
and expenses for creating and administering this Code.
ARTICLE III-HOURS OF LABOR, RATES OF PAY, MINORS, AND
OTHER CONDITIONS OF EMPLOYMENT
SECTION 1. Hours of Labor.-(a) This section shall be applicable
to all employees except salesmen and those occupying executive,
administrative, supervisory, or technical positions.
(b) On and after the effective date the hours of work for employees,
except those enumerated above and hereinafter, shall be limited to a
maximum of forty (40) hours per week, except for employees engaged
8224-33 (l







in the operation of such machines as dyeing, bleaching, and drying
machines, when used only as part of a continuous process where the
goods would be jeopardized by interruption, and in which latter case
the hours of work shall be not in excess of forty-eight (48) hours per
week.
(c) On and after the effective date the maximum hours of labor
of repair shop crews, engineers, firemen, electricians, and watchmen
in the Book Cloth and Impregnated Fabrics Industry, shall, except
in case of emergency work, be forty (40) hours a week with a toler-
ance of ten (10) percent. Any emergency time in any mill shall be
reported monthly to the Institute.
(d) On and after the effective date the maximum hours of labor
for office employees in the Industry shall be on an average of forty
(40) hours per week in any consecutive period of six months.
SEC. 2. Minimum Wages.-(a) On and after the effective date, the
minimum wage to be paid any employee in this Industry-except
learners during a six weeks' apprenticeship-shall not be less than
thirty-five (35) cents per hour in the North Section nor less than
thirty-two and one half (32%) cents in the South Section. In the
case of employees whose compensation is based on measure other
than time, total compensation paid shall be no less than such employee
would be entitled to receive if the compensation was measured by a
time rate. Nothing contained in this statement is intended to set a
maximum pay for anyone employed within the Industry.
(b) No employer in the Industry shall pay to any accounting,
clerical, office, service, or sales employee less than $15 per week in
any city of more than 500,000 population, or in the immediate trade
area of such city; not less than $14.50 per week in any city of between
250,000 and 500,000 population, or in the immediate trade area of
such city; not less than $14 per week in any city of between 2,500
and 250,000 population, or in the immediate trade area of such city,
and in towns of less than 2,500 population to increase all wages by
not less than twenty (20) percent, provided that this shall not require
wages in excess of $12 per week.
(c) Provided, however, That where a State law specifies a higher
minimum wage, no member of this Industry shall employ within such
State, any person at a rate below the wage specified by such State law.
SEC. 3. Minors.-On and after the effective date, employers in the
Book Cloth and Impregnated Fabrics Industry shall not employ any
person under sixteen (16) years of age; provided, however, That where
a State law specifies a higher minimum age, no member of this In-
dustry shall employ within such State, any person below the age
specified by such State law.
SEC. 4. Employee Organization and Bargaining.-(a) Employees
shall have the right to organize and bargain collectively through
representatives of their own choosing, and shall be free from the
interference, restraint or coercion of employers 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 other
mutual aid or protection.
(b) No employee, and no one seeking employment in the Industry,
shall be required as a condition of employment, to join any company
union, or to refrain from joining, organizing, or assisting a labor
organization of his own choosing.







(c) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, approved
or prescribed by the President.
ARTICLE IV-ADMINISTRATION
The Institute is hereby designated the Agency to cooperate with
the Administrator in administering, supervising and promoting the
performance of the provisions of this Code by the members of the
Industry.
ARTICLE V-REPORTS
(a) With a view to keeping the President and the National Recov-
ery Administration informed as to the observance or nonobservance
of this Code, and as to whether the members of the Industry are taking
appropriate steps to effectuate the declared policy of the Act, and to
provide for making available to the Administration and members of
the Industry, information concerning the Industry, each member of
the Industry shall prepare and file with the Secretary of the Institute
and to be distributed by the Institute at such times and in such man-
ner as herein or hereafter may be prescribed by the Institute, reports
and statistical data covering and relating to the number of persons
employed, wage rates, hours of work, volume of production, volume
of sales and/or shipments billed, stocks on hand, and such other data
as may be useful to the Industry which may be specified or required
by the Institute, subject to the approval of the Administrator, or by
the Administrator.
(b) Upon the effective date, or at such time thereafter as the Insti-
tute may determine, each member of the Industry shall file with the
Institute, price schedules, price lists, and/or discount sheets covering
products of the Industry currently sold, including therein base prices,
net prices, basing points, terms, discounts, allowances, and all con-
ditions relating to or in anywise affecting any sale of the same.
Whereupon the Institute shall immediately send copies of the same
to all members of the Industry who have signed or approved this
Code, or who may be subject to this Code and who have so filed
with the Institute such schedules, lists, and/or discount sheets.
(c) Revisions of such price schedules, lists, and/or discount sheets,
may be so filed from time to time thereafter by any member of the
Industry to become effective upon the date specified therein, but
such schedules, lists, and/or discount sheets, shall be filed with the
Institute two (2) business days in advance of the effective date,
unless the Institute shall authorize a different period. Thereupon
copies of all such revised schedules, lists, and/or discount sheets,
with notice of the effective dates thereof specified, shall be immediately
sent by the Institute to all such members of the Industry, who there-
upon may file, if they individually so decide, to be promptly and
similarly distributed, revisions of their price schedules, lists, and/or
discount sheets, which shall become effective upon the date when the
revised price schedules, lists, and/or discount sheets first filed shall
go into effect.
(d) No member of the Industry shall sell directly or indirectly by
any means whatsoever any product of the Industry covered by the
provisions of paragraphs (b) and (c) of this Article V at a price lower,







or at discounts greater, or on more favorable terms of payment than
those provided in his current price schedules, lists, and/or discount
sheets, filed and distributed as herein provided.
(e) All reports, statistics, data, and information filed in accordance
with the provisions of this Code shall be duly certified, when requested
by the Institute or the National Recovery Administration, and the
same shall be confidential, and the individual figures and data filed
by each member of the Industry shall be compiled with similar reports
and data from the other members of the Industry, and distributed to
members of the Industry in combined totals, except as may be other-
wise specified by the Institute. But in no event shall the individual
reports of volume of production, volume of sales, orders received,
unfilled orders, stocks on hand, or any data filed only for compiling'
purposes be revealed or disclosed by the Secretary of the Institute,
except as may be required by the National Recovery Administration
for the purpose of facilitating the administration and enforcement of
the Act and the provisions of this Code.
ARTICLE VI-IMPORTS
The Institute, through its Secretary or duly authorized Committee
may investigate and inform the President of the United States, or the
Administrator on behalf of the Industry as to importations of com-
petitive articles into the United States selling on a price basis that
undersells similar articles of domestic manufacture, and the extent to
which said underselling shall render ineffective or seriously interfere
with the maintenance of this Code, and which may be made the basis
for complaint to the President or Administrator on behalf of the In-
dustry under the provisions of the Act with respect thereto.
ARTICLE VII-TRADE PRACTICES
Upon the effective date of this Code, ethical and commercial
principles and practices as set forth in Exhibit "A" hereto annexed
and made a part of this Code shall be observed as standards for this
Industry, and deviations therefrom or violations thereof shall be re-
garded as a violation of this Code.
ARTICLE VIII-VERIFICATION OF REPORTS-TRADE PRACTICES
All reports, statistics, data, and information required by this Code
to be filed with the Institute, and the trade practices set forth in said
Exhibit A shall be subject to verification and the checking of the
books and records of the members of the Industry, by a competent
and disinterested person at such time or times, and by such person
or persons as may be determined by the Institute. Provided, if it
should appear as determined by such disinterested person or persons
that the reports, statistics, or data were not filed when and as re-
quired by this Code, or were willfully inaccurate, or that any mem-
ber of the Industry had indulged in trade practices m violation of
this Code, the expense of such verifying work shall be paid to the
Institute by the member of the Industry so in default.







ARTICLE IX-APPLICATION
If any employer of labor in the Industry is also an employer of
labor in any other industry, the provisions of this Code shall apply
to and affect only that part of his business which is included in this
Industry.
ARTICLE X-CANCELLATION OR MODIFICATION OF GOVERNMENT
APPROVAL
As required by Section 10 (b) of Title I of the Act, the following
provision is contained in this Code:
The President may from time to time cancel or modify any
order, approval, license, rule, or regulation issued under this
Title I.
ARTICLE XI-AMENDMENTS
Such of the provisions of this Code as are not required to be in-
cluded therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in the circumstances or experience may indicate. It is contem-
plated that from time to time supplementary provisions to this Code
or additional Codes will be submitted for the approval of the Presi-
dent to prevent unfair competition in price and other unfair and
destructive competitive practices and to effectuate other purposes and
policies of Title I of the National Industrial Recovery Act consistent
with the provisions thereof.
Approved at meeting on August 17, 1933. Attended by the
following manufacturers representing the entire industry: Athol
Manufacturing Company; Joseph Bancroft & Son; The Columbia
Mills, Inc.; E. I. Du Pont de Nemours & Co.; The Holliston Mills,
Inc.; Interlaken Mills; Special Fabrics Company; The Western
Shade Cloth Company.
EXHIBIT A-TRADE PRACTICES
No member of the Industry shall adopt any of the trade practices
enumerated in this Exhibit, and the indulgence in any such trade
practices shall be regarded as an unfair method of competition and
a violation of this Code.
1. Interference with Existing Contracts.-Knowingly or wilfully
interfere with an existing contract for the sale and purchase of prod-
ucts of this Industry, nor induce, attempt to induce, or assist a party
to break an existing contract for the sale of any products of this
Industry.
2. Commercial Bribery.-Offer, give, or pay money or anything of
value to anyone in order to induce the sale, purchase, or use of the
products of this Industry.
3. Defamation of Competitors.-Wilfully make, cause, or permit to
be made or published any false statements or misrepresentations of
or concerning the business, policies, methods, or products of a
competitor.
4. Enticing Employees.-Employ or entice employees of a competi-
tor with the purpose and effect of unduly hampering, injuring, or
embarrassing said competitor.








5. Piracy of Trade Marks.-Imitate trade marks, trade names,
slogans, or other marks of identification of another member of the
Industry.
6. False Advertising.-Make, cause, or permit to be made or pub-
lished any false, untrue, or deceptive statement by way of advertising
or otherwise, concerning any grade, quality, substance, character,
origin, or preparation of any product of this Industry.
7. Misbranding.-Falsely mark or brand packages or products of
this Industry, for the purpose or with the effect of misleading or
deceiving purchasers or others with respect to quality, quantity,
character, grade, or substance thereof.
8. False Invoicing.-Withhold from or insert in invoice facts which
would make the invoice a false record wholly or in part of the trans-
action in question, or make any arrangement which would contem-
plate payment or settlement contrary to the face of the invoice.
9. Postdate or Predate Contract or Invoice.-Postdate or predate
contracts or invoices covering products of this Industry.
10. Secret Rebates.-Pay or allow secretly, rebates, refunds, com-
missions, or discounts, whether in the form of money or otherwise.
11. Requireme nt Contracts.-Accept requirement contracts. AU
contracts or orders shall be for a definite yardage of a grade and
width, with not more than a plus or minus tolerance of 10%, and for
deliveries within a definite period.
12. Advertising Allowances.-Make any advertising allowances
directly or indirectly to any person, or offer free advertising to induce
a sale.




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