Code of fair competition for the clock manufacturing industry as approved on February 26, 1935

MISSING IMAGE

Material Information

Title:
Code of fair competition for the clock manufacturing industry as approved on February 26, 1935
Portion of title:
Clock manufacturing industry
Physical Description:
p. 119-132 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Clock and watch industry -- Law and legislation -- United States   ( lcsh )
Clock and watch makers -- 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:
"Registry No. 1208-01."
General Note:
"Approved Code No. 551."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 645429827
ocn645429827
System ID:
AA00009893:00001


This item is only available as the following downloads:


Full Text

Approved Code No. 551


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


FOR THE


CLOCK MANUFACTURING

INDUSTRY


AS APPROVED ON FEBRUARY 26, 1935


R
MEMBER


DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For sale by the Superintendent of Documents, WashinglonD. D. - Price 5 cents


Registry No. 1208-01






















This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmiugham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Y.: Chlmmber of Commerce Building.
Charleston, S. C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle. Wash.: 809 Federal Office Building.












Approved Code No. 551


CODE OF FAIR COMPETITION
FOR THE

CLOCK MANUFACTURING INDUSTRY

As Approved on February 26, 1935


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE CLOCK M.\ NUFACTUR-
ING INDUSTRY
An application having been duly made pllrlsunlit to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Clock Manufacturing Industry, and hear-
ing having been duly held thereon and the annexed report on said
Code, containing findings with respect thereto, having been made
and directed to the President:
NOW, THEREFORE, on behalf of the. President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, dated Septeiimber 27th, 1934, and other-
wise; does hereby incorporate by reference said annexed report and
does find that said Code complies in all respects with the pertinent
provisions and will promote the policy and purposes of said Title
of said Act; and does hereby order that said Code of Fair Compe-
tition be and it is hereby approved; and provided further that within
ninety days said Board may direct that there be a further hearing
on such of the provisions of said Code as it may designate, and that
any order which it may make after such hearing shall have the
effect of a condition on the approval of said Code.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Approval recommended:
WALTER G. HOOKE,
Acting Divh'jioni Aidmiistrator.
WASHINGTON, D. C.,
February 26, 1935.


117838---1603-23--35


(119)











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Clock Manufacturing Industry, the hearing having been conducted
in Washington on January 24, 1934, in accordance with the provi-
sions of Title I of the National Industrial Recovery Act. This
association claims to represent eighty-five percent of the Industry.

HOURS
This Code provides that factory employees shall not be employed
for more than forty (40) hours in any one (1) week nor eight (8)
hours in any one (1) day nor six (6) days in any seven (7) day
period. An exception is granted to the above limitations for twelve
(12) weeks in any one (1) calendar year during which time employees
may work forty-five (45) hours in any one (1) week but not more
than nine (9) hours in any twenty-four (24) hour period.
Clerical and office employees receiving less than thirty-five dollars
($35.00) per week shall not be employed for more than forty (40)
hours in any one (1) week. An exception is granted to the above
limitations whereby during any twelve (12) weeks in any one calen-
dar year clerical and office employees may be permitted to work
forty-five (45) hours in any one (1) week.
These standard provisions do not apply to executive, administra-
tive and supervisory employees who receive thirty-five. dollars
($35.00) or more per week, nor to watchmen who may be permitted
to work fifty-six (56) hours per week, but not more than six (6) days
in any seven (7) day period, nor to employees engaged in prepara-
tion, care and maintenance of plant and machinery and facilities
of and for production who shall not be permitted to work more than
forty-five (45) hours in any one (1) week, nine (9) hours in any
twenty-four (24) hour period, nor six (6) days in any one (1) week,
except in case of breakdowns and emergencies and the extra hours
of work shall be reported to the Code Authority. These employees
shall be paid one and one-third (11/3) times their normal rate for
all hours worked in excess of the above limitations, and they shall
be limited to five percent (5c') of all employees.
WACES

The minimum rate of pay is established at thirty-seven and one-
half cents (371/) per hour for male employees and thirty-two and
one-half cents (3219) per hour for female employees.
Learners are defined as employees who prior to their employ-
ment as such have not previously worked in the Industry in excess
(120)





121


of two (2) months. Such learners shall be paid not less than thirty-
two and one-half cents (321/2) per hour and the number of such
learners shall not exceed in any calendar month five percent (5%)
of the total number of employees. Employees shall not be so
classified in excess to two (2) months.
The minimum rates established for clerical and office employees
are fifteen dollars ($15.00) per week in cities of over 500,000 popula-
tion or in the immediate trade area of such city, and not less than
fourteen dollars ($14.00) per week elsewhere. An exception to the
above minimum rate is granted for office and errand boys who may
be paid not less than eighty percent (80%) of said minimum rate,
providing that the total number of such office and errand boys
shall not exceed five percent (5%) of the total number of em-
ployees.
ECONOMIC EFFECTS OF THE OODE

The Clock Manufacturing Industry has suffered most severely
during the depression, however, in spite of their depressive condi-
tion they have rehabilitated the Industry to a certain extent by
voluntarily adopting the Code submitted to the Administration
early in August 1933. The voluntary application of this unap-
proved Code upon the Industry has increased the employment ap-
proximately thirty-nine percent (39%) over the number of em-
ployees for the year 1932, and has increased the factory payrolls
approximately seventy-two percent (72%) during the same period.

FINDINGS

The Assistant Deputy Administrator in his final report to us on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter:
We find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and mianagemlent
under adequate governmental sanction and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possi-
ble utilization of the present productive c;ipic:ity of industries, by
avoiding undue restriction of production (except. as may be tempo-
rarily required), by increasillg the conslimption of indii-trial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Indu.-tbry normally employs not more than 50,000
employes; and is not classified by us as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-





122


tion is an industrial association truly representative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
said Code.
For these reasons, therefore, the National Industrial Recovery
Board has approved this Code.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
A dm inistrative Officer.
FEBRUARY 26, 1935.












CODE OF FAIR COMPETITION FOR THE CLOCK MANU.
FACTURING INDUSTRY

ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial Recovery
Act, this Code is established as a Code of Fair Competition for the
Clock Manufacturing Industry and its provisions shall be the stand-
ards of fair competition for such industry and shall be binding
upon every member thereof.

ARTICLE II-DEFINITIONS
SECTION 1. The term Industry as used herein includes the busi-
ness of producing and selling, by the producer in the United States,
clocks, timing mechanisms, clock-driven time switches sold to serve
the dual purpose of clocks and switches, and watches having less
than seven jewels or parts thereof, and such branches or subdivisions
thereof as may from time to time be included under the provisions
of this Code, except where such article is made or used by the pro-
ducer as a part of any article other than those mentioned herein and
included under some other code approved by the President.
SECTION 2. The term Employee" as used herein includes any and
all persons engaged in the Industry however compensated, except
a member of the Industry.
SECTION 3. The term Employer" as used herein includes anyone
by whom such employee is compensated or employed.
SECTION 4. The term "M embcer of the Industry" means and in-
cludes any person, firm, partnership, association, corporation, trustee,
or receiver operating a plant or plants in the United States for
the production of the articles covered in Article II, Section 1 hereof,
except where any of the foregoing manufacture such articles to be
made or used by the producer as a part of a ny article other than
those mentioned in Section 1 and included under some other code ap-
proved by the President.
SECTION 5. The terms President ", "Act", and Board as used
hirein mean respectively the President of the United States, the
National Industry Recovery Act, and the National Industrial Re-
covery Board.
ARTICLE III-HouRS
SECTION 1. No factory employee shall be permitted to work more
than forty (40) hours per week or more than eight (8) hours in any
twenty-four (24) hour period or more than six (6) days in any seven
(7) day period, except during twelve (12) weeks in any one calendar
year employees may work forty-five (45) hours in any one week,
but not more than nine (9) hours in any twenty-four (24) hour
period.
(123)





124


SECTION 2. No person employed in office or clerical work, receiving
less than thirty-five dollars ($35.00) per week, shall be permitted
to work in excess of forty (40) hours per week, except that during
any twelve (12) weeks in any one calendar year they may be per-
mitted to work forty-five (45) hours in any one week.
(a) The provisions of Sections 1 and 2 of this Article shall not
apply to the following:
(1) Executive, administrative and supervisory employees, outside
salesmen and outside service men, who receive thirty-five dollars
($35.00) or more per week.
(2) Watchmen may be permitted to work a maximum of fifty-six
(56) hours per week, but no watchman shall be permitted to work
more than six (6) days in any seven (7) day period.
(3) Employees engaged in the preparation, care and maintenance
of plant and machinery and facilities of and for production shall
not be permitted to work more than forty-five (45) hours in any
one (1) week, or nine (9) hours in any twenty-four (24) hour period,
nor more than six (6) days in any one (1) week, except in the caseof
breakdowns and emergencies, in which event the nature of the
breakdowns or emergencies and the extra hours worked shall be
reported to the Code Authority. Such employees shall be paid at
one and one-third (11/3) times their normal hourly rate for all hours
worked in excess of the above limitations. This paragraph shall
apply at no time to more than five per cent (5%) of all employees.
SECTION. 3. No employer shall knowingly permit any employee
to work for any time which, when added to the time spent at work
for another employer or employers in this Industry or other
Industries, exceeds the maximum permitted herein.
ARTICLE IV-WAGES

SSECTION. 1. No male employee shall be paid in any pay period
less than at the rate of thirty-seven and one-half cents (371/20) per
hour, and no female employee shall be paid in any pay period less
than at the rate of thirty-two and one-half cents (321/20) per hour,
except as otherwise herein provided.
SECTION 2. Learners shall be paid not less than at the rate of
thirty-two and one-half cents (321/24) per hour. The total number
of such learners shall not exceed in any calendar month five per
cent (5%) of the total number of employees covered by the provi-
sions of this Article.
Learners are defined as those employees who, prior to their em-
ployment as learners shall not have previously worked in the In-
dustry for a period in excess of two (2) months, neither may such
employees be classified as learners by the employer by whom they
are employed for a period in excess of two (2) months.
SECTION 3. A person may be employed as an apprentice by any
member of the Industry at a wage lower than the minimum wage,
or for any time in excess of the maximum hours of labor, estab-
lished in this Code, if such member shall have first obtained from
an Agency to be designated or established by the Secretary of
Labor, a certificate permitting such person to be employed in con-
formity with a training program approved by such Agency, until
and unless such certificate is revoked.





125


(a) The term "Apprentice ", as used herein shall mean a person
of at lea.t 16 years of age who has entered into a written contract
with an employer or an association of employers which provides
for at least 2,000 hours of reasonably continuous employment for
such person and his participation in an approved program of train-
ing as hereina bove provided.
SECTION 4. A person whose earning capacity is limited because
of age, physical or mental handicap, or other infirmity, may be em-
ployed on light work at a wage below the minimum established by
this Code, if the employer obtains from the State Authority, desig-
nated by the United States Department of Labor, a certificate au-
thorizing such person's employment at such wages and for isuch hours
as s`iall be stated in the certificate. Such authority shall be guided
by the instructions of the United States Department of Labor in
issuing certificates to such persons. Each employer shall file
monthly with the Code Authority a list of all such persons employed
"by him, showing the wages paid to, and the nmaxiniium hours of
work for such employees.
SECTION 5. Office and clerical employees shall be paid not less
than at the rate of fifteen dollars ($15.00) per week in cities of over
500,000 population or in the immediate trade area of such city, and
not less than fourteen dollars ($14.00) per week elsewhere, except-
ing office and errand boys who may be paid not less than eighty
per cent (80%) of said minimum wage. The total number of such
office and errand boys shall not exceed five per cent (5%) of the
total number of employees.
SECTION 6. An equitable adjustment shall also be made of com-
pensation in excess of such minimum rate by all members of the In-
dustry who have not heretofore made such an equitable adjustment
and within sixty (60) days of the effective date hereof each em-
ployer shall report to the Code Authority, for submission to the
Board, the action taken by such employer in pursuance of this pro-
vision, provided, however, that in making said adjustments within
said sixty (60) days, hourly, weekly or piece work rates shall not
be reduced.
SECTION 7. In cases of employees performing work for which they
are paid per piece of work performed, the employer shall make up the
deficiency in pay if the amount is less than could be obtained by the
use of the minimum hourly rate over the pay period.
SECTION 8. Female employees performing the sane work as male
employees shall receive the same rate of pay as male employees.
SECTION 9. Wages shall be paid at least semi-monthly in lawful
currency or by negotiable check, payable on demand. These wages
shall be exempt from any payments, pensions, insurance, or sick
benefits other than those voluntarily paid by the wage earner or
required by law.
ARTICLE V-GENERAL LABOR PROVISIONS
SECTIION 1. (a) No person under sixteen (16) years of age shall
be employed in the Industry.
(b) No person under eighteen (18) years of age shall be employed
in occupations hazardous in nature or dangerous to health. In any
State an employer shall be deemed to have complied with this pro-





126


vision as to age if he shall have on file a certificate or permit, duly
signed by the Authority in such State empowered to issue employ-
ment or age certificates or permits, showing that the employee is
of the required age. Within sixty (60) days after the approval of
this Code, the Code Authority shall submit to the Board for ap-
proval a list of such operations and occupations.
SECTION 2. It is hereby provided:
(a) That 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 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 other mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organiza-
tion of his own choosing, and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
SECTION 3. No employer shall reclassify employees or duties of
occupations performed or engage in any subterfuge so as to defeat
the purposes of the provisions of the Act or of this Code.
SECTION 4. Every employer shall provide for the safety and health
of employees during the hours and at the places of their employ-
ment. Standards for safety and health shall be submitted by the
Code Authority to the Board for approval within three (3) months
after the effective date of the Code.
SECTION 5. No provision in this Code shall supersede any State
or Federal law which imposes upon employers more stringent re-
quirements as to age of employees, wages, hours of work, or as to
safety, health, sanitary or general working conditions, or insurance,
or fire protection, than are imp,.-ed by this Code.
SECTION 6. Within ten (10) days of the effective date each employer
shall post, and thereafter maintain, in conspicuous places accessible
to employees full copies of this Code and any amendments or modi-
fications which may later be approved. Every member of the
Industry shall comply with all rules and regulations relative to the
posting of provisions of the Code which may from time to time be
prescribed by the Board.
SECTION 7. (1) A person may be permitted to engage in homework
at the .anime rate of wages as is paid for the same type of work per-
formed in the factory or other regular place of business if a certifi-
cate is obtained from the State Authority or other officer designated
by the United States Department of Labor, such certificate to be
granted in accordance with instructions issued by the United States
Department of Labor, provided
(a) Such person is physically incapacitated for work in a factory
or other regular place of business and is free from any contagious
disease, or
(b) Such person is unable to leave home because his or her services
are absolutely essential for attendance on a person who is bedridden
or an invalid and both such persons are free from any contagious
disease.





127


(2) Any employer engaging such a person shall keep such certifi-
cate on file and shall file with the Code Authority for the industry
the name and address of each worker so certificated.
SECTION 8. NO employer shall dismiss or demote any employee for
making a complaint or giving evidence with respect to an alleged
violation of the provisions of this Code.
ARTICLE VI-ADMINISTRATION

SECTION 1. A Code Authority is hereby established to cooperate
with the Board in the administration of this Code and shall consist
of five (5) individuals, selected by the members of the Industry in
the manner hereinafter provided to serve for a period of one year or
until their successors are chosen. The Board, in its discretion, may
appoint not more than three (3) additional members, without vote,
to represent the Board. These three members shall serve without
compensation from the Industry.
SECTION 2. The selection of the five individuals constituting the
Code Authority shall be made by the method of voting as provided
in Section 3 of this Article.
SECTION 3. Only niembers of the Industry complying with the pro-
visions of this Code and paying their assessments (unless otherwise
exempted) if levied in accordance with a basis of assessments to be
approved by the Board are to participate in the benefits and selec-
tion of the Code Authority and such members shall be entitled to vote
for the members of the Code Authority in the following manner,
to be computed on the basis of such member's net annual dollar sales
of the products of this industry for the previous calendar year as
follows:
1 Vote for each $50,000 or fraction thereof, up to $1,000,000
and
1 Additional Vote for each $100,000 or fraction thereof, from
$1,000,000 to $2,000,000 and
1 additional Vote for each $200,000 or fraction thereof, in
excess of $2,000,000
provided, further, that at such election of the nmemlbers of the Code
Authority two or more of the four members of the Industry having
the greatest number of votes, when voting together, shall not cast
a majority vote, unless one or more menibers of the industry having
the right to cast at least ten (10) per cent of the total votes and
not included along said four, shall vote with them.
All questions as to the number of votes which each member shall
be entitled to cast at a meeting of the members of the Industry to
elect a Code Authority shall be determIined by the Secretary, as
provided above. Any member of the Indulstry may vote by proxy
in writing duly executed by such member of the Inldustry and filed
with the Secretary. Any such proxy may be for such elections or
be a general proxy for such elections that may be held until such
proxy shall have been revoked in writing duly executed by the
member, who gave such proxy, and filed with the Secretary.
SECTIONL 4. At each election of the Code Authority, members of
the Industry having the right to cast at least seventy-five per cent
(75%) of all the votes that might be cast at such election, if all the





128


members were present, threat, shall constitute a quorum for the
transaction of business at such election.
SECTION 5. Vacancies in the personnel of the Code Authority
selected by the Industry shall be filled by the remaining members
of the Code Authority subject to the approval of the Board.
SECTION 6. Each trade or industrial association directly or in-
directly participating in the activities of the Code Authority shall
impose no inequitable restriction on membership and shall submit
to the Board true copies of its articles of association, by-laws, reg-
ulations, and any amendments when made thereto, together with
such other information as to memberships, organization, and ac-
tivties as the Board may deem nece.-sary to effectuate the purposes
of the Act.
SECTION 7. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Board may prescribe such hear-
ings as it may deem proper; and thereafter if it shall find the Code
Authority is not truly representative or it does not in other respects
comply with the provisions of the Act may require an appropriate
modification of the Code Authority.
SECTION 8. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purposes. Nor
shall any member of the Code Authority be liable in any manner to
anyone for any act or omission of any other member, officer, agent
or employee of the Code Authority. Nor shall any member of the
Code Authority, exercising reasonable diligence in the conduct of
his duties hereunder, be liable to anyone for any action or omission
to act under this Code, except for his own wilful malfeasance or
nonfeasance.
SECTION 9. If the Board shall at any time determine that any
action of the Code Authority or any agency thereof may be unfair or
unjust or contrary to the public interest, the Board may require
that such action be suspended to afford an opportunity for investiga-
tion of the merits of such action and further consideration by such
Code Authority or agency pending final action which shall not be
effective unless the Board approves or unless it shall fail to dis-
approve after thirty (30) days notice to it of intention to proceed
with such action in its original or modified form.
SECTION 10. The Clock Manufacturing Industry Code Authority
may incorporate under the laws of any State of the United States
or of the District of Columbia, or may as.-sume or adopt such existing
corporate form under any of such laws as it may deem appropriate
for the proper performance, as and from the effective date, of its
activities, powers and duties hereunder, such corporation or cor-
porate form to be not for profit and to be known as the Clock Manu-
facturing Industry Code Authority, Incorporated; provided that
the powers, duties, objects and purposes of the said corporation
shall, to the .:;itif action of the Board be limited to the powers, duties,
objects and purposes of the Clock Manufacturing Industry Code
Authority as provided in this Code; provided, further, that the exist-
ence of the said corporation shall. be during the term of the Code;
and provided, further, that the Code Authority shall submit to the
Board for its approval, its proposed Certificate of Incorporation and





129


proposed By-Laws, and no amendment of either shall be made with-
out the like prior approval of the Board and provided, further, that
the Code Authority shall submit, with its proposed Certificate of
Incorporation and By-Laws, the written opinion of an attorney-at-
law qualified in and conversant with the laws of the jurisdiction in
which the Code Authority seeks to be incorporated, as to the nature
and extent of the jurisdiction, powers and authorities exercisable by
the State in question and its agencies over the activities of the Code
Authority as a corporation, supporting such opinion by citation
of relevant authorities, and supplementing the same with a table,
certified to be complete, of all laws, statutes and other regulatory
provisions governing corporations created pur-iiant to the laws un-
der which the Code Authority seeks to be incorporated.
If at any time, the Board shall determine that the corporate
status assumed by the Code Authority is interfering with the proper
exercise of its powers and duties under this Code, or with the effectua-
tion of the policies or purposes of the Act, it may, after such notice
and hearing as it may deem necessary, require an appropriate modifi-
cation of the structure of the Corporation, (if consistent with the
law of the State of Incorporation), the substitution of a corporation
created under the laws of another State in the same manner as the
existing Code Authority, the substitution of a non-corporate Code
Authority truly representative of the Industry or such other actions
as it may deem expedient.
SECTION 11. Subject to such rules and regulations as may be issued
by the National Industrial Recovery Board the Code Authority shall
have the following powers and duties, in addition to those authorized
by other provisions of this Code:
(a) To insure the execution of the provisions of this Code and
to provide for the compliance of the Industry with the provisions
of the Act.
(b) To adopt by-laws and rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and reports as are required for the administration of the Code.
In addition to information required to be submitted to the Code
Authority, members of the Industry shall furnish such statistical
information as the Board may deem necessary for the purposes re-
cited in Section 3 (a) of the Act to such Federal and State agencies
as it may designate; provided that nothing in this Code shall relieve
any member of the Industry of any existing obligations to furnish
reports to any government agency. The Code Authority may require
that any or all information be sworn to or otherwise certified or
authenticated as it may prescribe.
The information furnished to the Secretary upon request of the
Code Authority shall be subject to cheek for the purposes of veri-
fication, to the extent permitted by the Act. Such checking, when
necessary, shall be done by certified, registered, chartered, or any
other lawful practitioner of public accountancy designated by the
Code Authority, the cost of which examination shall be cleared as
an expense of administering the Code.
Any information furnished to the Secretary of the Code Authority
by a member of the Industry in accordance with the provisions of
the Code, which is considered of a confidential character by the said





130


member, shall be treated by the Secretary as confidential, and no
disclosure thereof to the Code Authority or to anyone, except to the
Board in any manner shall be made other than in combination with
similar information furnished by other members of the Industry, in
which case the publication shall be made only in such manner as will
avoid the disclosing separately of such confidential information.
Information shall not be furnished to anyone by the Secretary ex-
cept by direction of the Code Authority.
(d) To use 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 Au-
thority of its duties or responsibilities under this Code and that
such trade associations and agencies shall at all times be subject to
and comply with the provisions hereof.
(e) To make recommendations to the Board for the coordination
of the administration of this Code with such other codes, if any, as
may be related to the Industry.
(f) 1. It being found necessary in order to support the adminis-
tration of this Code and to maintain the standards of fair compe-
tition established hereunder and to effectuate the policy of the Act,
the Code Authority is authorized:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, and to meet such obligations
out of funds which may be raised as hereinafter provided and
which shall be held in trust for the purposes of the Code;
(b) To submit to the Board for its approval, subject to such
notice and opportunity to be heard as it may deem necessary
(1) an itemized budget of its estimated expenses for the fore-
going purposes, and (2) an equitable basis upon which the
funds necessary to support such budget shall be contributed by
members of the Industry;
(c) After such budget and basis of contribution have been
approved by the Board, to determine and obtain equitable con-
tribution as above set forth by all members of the Industry,
and to that end, if necessary, to institute legal proceedings
therefore in its own name.
2. Each member of the Industry shall pay his or its equitable
contribution to the expenses of the maintenance of the Code Author-
ity, determined as hereinabove provided, and subject to rules and
regulations pertaining thereto issued by the Board. Only members
of the Industry complying with the Code and contributing to the
expenses of its administration as hereinabove provided, shall be
entitled to participate in the selection of members of the Code
Authority or to receive the benefits of any of its voluntary activities
or to make use of any emblem or insignia of the National Recovery
Administration.
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, except upon approval of the Board; and no sub-
sequent budget shall contain any deficiency item for expenditures in
excess of prior budget estimates except those which the Board shall
have so approved.
(g) To recommend to the Board any action or measures deemed
advisable, including further fair trade practice provisions to govern





131


members of the Industry in their relations with each other or with
other Industries; measures for industrial planning, and stabilization
of employment; and including modifications of this Code, which
shall become effective as part hereof upon approval by the Board,
after such notice and hearing as it may specify.
(h) To appoint, a Trade Practice Committee which shall meet
with the Trade Practice Commnittees appointed under such other
codes as may be related to the Industry for the purpose of formulat-
ing fair trade practices to govern the relationships between em-
ployers under this Code and under such other codes to the end that
such fair trade practices may be proposed to the Board as
amendments to this Code and such other codes.

ARTICLE VII-UNFAIR TRADE PRACTICES

On and after the effective date of this Code, the following practices
are hereby declared to be unfair methods of competition and viola-
tions of this Code:
SECTION 1. No member of the Indul-try shall give, permit to be
given, or directly offer to give, anything of value for the purpose of
influencing or rewarding the action of any employee, agent or rep-
resentative of another in relation to the business of the employer of
such employee, the principal of such agrint or the represented party,
without the knowledge of such employer, principal or party. Com-
mercial bribery provisions l.hall not be construed to prohibit free
and general distribution of article- commonly iued for advertising
except so far as such articles are actually used for commercial bribery
as hereinabove defined.
SECTION 2. No member of the Industry shall secretly offer to
make any payment or allowance of a rebate, refund, commission,
credit, unearned discount, or excess allowance, whether in the form
of money or otherwise, nor shall a member of the Industry secretly
offer to extend to any customer any special service or privilege not
extended to all custOnmers of the same class for the purpose of
influencing a sale.
SECTION 3. Rendering or offering any valuable consideration to
any purchaser, prl,,spective purchaser, or dealer unless fair complensla-
tion be paid therefore by such purchaser, prospective purchaser or
dealer. This is not intended to prohibit a member supplying his
own advertising matter to the general trade.
SECTION 4. Making a concession in the price of any product, di-
rectly or indirectly, under the guise of an advertising allowance.
SECTION 5. Dating of invoices more than five (5) working days
after date of hlipnment.
SECTION 6. No member of the Industry shall ship goods on con-
signment except under circumstances to be defined by the Code
Authority, and approved by the National Industrial Recovery
Board, where peculiar circumstances of the Industry requires the
practice. This provision does not prohibit the return of merchandise
on conditions specified by the Code Authority, for valid reasons,
subject to the approval of the National Industrial Recovery Board.
SECTION 7. Making any rebates to purchasers against stocks on
hand in the event of decline in prices, except within such limitations




UNIVERSITY OF FLORIDA
132 11111I1111 1111 1111 II llllllIin IIIIIIIIIl
3 1262 08582 8316
as may be specified by the Code Authority, after approval by the
National Industrial Recovery Board.
ARTICLE VIII-MIODIFICATION
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Subsection (b) of Section 10 of the National Indus-
trial Recovery Act, from time, to time, to cancel or modify any
order, approval, license, rule or regulation issued under Title I of
said Act.
SECTION 2. This Code, except as to the provisions required by the
Act, may be modified or amended on the basis of experience or
changes in circumstances, such modifications or amendments to be
based upon application to the National Industrial Recovery Board
and after such notice and hearing as it shall specify, to become
effective on approval of the President unless otherwise provided.
SECTION 3. The Code Authority may make recommendations for
modification of this Code to the National Industrial Recovery Board
which shall become effective as a part of this Code upon approval by
the National Industrial Recovery Board after such notice and hear-
ing as it may prescribe.
ARTICLE IX-MIONOPLIES, ETC.
No provision of this Code shall be so applied as to permit monopo-
lies or monopolistic practices, or to eliminate, oppress or discrimi-
nate against small enterprises.
ARTICLE X-EFFECTIVE DATE
This Code shall become effective on the third Monday after its
approval by the President.
Approved Code No. 551.
Registry No. 1208-01.




Full Text
xml version 1.0 encoding UTF-8
REPORT xmlns http:www.fcla.edudlsmddaitss xmlns:xsi http:www.w3.org2001XMLSchema-instance xsi:schemaLocation http:www.fcla.edudlsmddaitssdaitssReport.xsd
INGEST IEID EOBLNAFVB_EYLF10 INGEST_TIME 2012-04-02T13:14:58Z PACKAGE AA00009893_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC
FILES