This item is only available as the following downloads:
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
ELECTRIC AND NEON SIGN
AS APPROVED ON AUGUST 24, 1934
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 506
Registry No. 1310-09
This publication is for sale by.the Superintende.ut of Documents, Government
Printing Office, Washington, DoW., apnd by -istriet offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber 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 CoimWerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jack.sonville, Fla.: Chamber of Coammerce 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,
A," .' .
Approved Code No. 506
CODE OF FAIR COMPETITION
ELECTRIC AND NEON SIGN INDUSTRY
As Approved on August 24, 1934
APPROVING CODE OF FAIR COMPETITION FOR THE ELECTRIC AND NEON
An application having been duly made pursuant to and in full com-
pliance 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 Electric and Neon Sign Industry, and
hearing 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, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do 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 do hereby order that said Code of
Fair Competition be and it is hereby approved.
HUGH S. JOHNSON,
Admnimdstrator for Industrial Recovery.
BARTON W. MURRAY,
Division A dmin istrator.
'August 24, 1934.
82307 --1044-112--384 (131)
REPORT TO THE PRESIDENT
The White Houwe.
SIR: This is a report on the Code of Fair Competition for the
Electric and Neon Sign Industry, the hearing having been conducted
thereon in Washington, D.C., April 23, 1934, in accordance with the
provisions of Title I of the National Industrial Recovery Act.
PROVISIONS OF THIS CODE AS TO WAGES AND HOURS
Maximum hours for employees are established as follows: All em-
ployees, except outside salesmen or employees engaged in emergency
maintenance or emergency repair work or persons employed in a
managerial or executive capacity who are paid at the rate of $35.00
or more per week,-forty hours in any one week, or eight. hours in
any twenty four hour period beginning at midnight.; watchman-
fifty four hours per week: all employees-six days in any seven day
period. Employees engaged in emergency maintenance and emer-
gency repair work shall be paid at not less than one and one-half
times their normal hourly rate for all hours in excess of eight hours
per day and forty hours per week.
Minimum wages for employees are established as follows: All em-
ployees, except. skilled employees-$16.00 per week of forty hours,
and part time employees working less than forty hours per week-
45 cents per hour; skilled employees-75 cents per hour. No hourly
daily or full time weekly compensation for employees who are paid
less than $50.00 per week shall be less than such compensation exist-
ing as of June 16, 1933, and no employee shall be paid a wage rate
which will yield a less wage to the shorter full time week herein
established than he could have earned for the same class of work
for the full time week existing as of June 16, 1933. Wage increases
established under the President's Reemployment. Agreement shall
at least be maintained. Female employees performing substantially
the same work as male employees shall receive the same rates as
Employment of any person under 16 years of age and anyone under
18 years of age at occupations hazardous in nature or dangerous to
health is prohibited.
No reclassification of employees for the purpose of defeating the
purpose of the Act is permitted, and no employee is permitted to
work more than the specified maximum hours whether for one or
The right of employees to organize and bargain collectively
through representatives of their own choosing is recognized. No em-
ployee shall be required as a condition of employment to join any
company union, or refrain from joining, organizing, or assisting a
labor organization of his own choosing.
No employee who has been regularly employed in any one estab-
lishment of this Industry for eight weeks or more shall be discharged
on less than one week's notice, and no employee shall be dismissed or
demoted by reason of making a complaint or giving evidence with
respect to an alleged violation of this Code.
ECONOMIC EFFECTS OF THE CODE
The Electric and Neon Sign Industry ranks among those indus-
tries experiencing the greatest loss of business due to the depression,
the annual sales of the Industry falling from an estimated eighty
million dollars in 1928 to an estimated thirty-eight million dollars
in 1932, a decline of 53% from the 1928-1929 peak; and employment
declining from 18,000 in 1928 to 13,000 in 1932, a decrease of 29%.
The total estimated number of concerns, however, increased from
1,000 in 1928 to 1,500 in 1982 and 1933, an increase of 50% while
the invested capital decreased during the same period from thirty
million dollars to twenty-five million dollars, a decrease of 17%.
It is believed that the provisions of the Code permit adequate
control and at the same time insure development and sound
The Acting Deputy Administrator in his final report to me on
said Code having found as herein set forth and on the basis of all
the proceedings in this matter:
I 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 com-
merce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry
for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by elim-
inating unfair competitive practices, by promoting the fullest pos-
sible utilization of the present productive capacity of industries, by
avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000
employees; and is not classified by me 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 asso-
ciation 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
(e) The Code is not designed to and will not eliminate or oppress
small enterprises aun 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
For these reasons, therefore, I have approved this Code.
HUGH S. JOHNSON,
AUoUST 24. 1934.
CODE OF FAIR COMPETITION FOR THE ELECTRIC AND
NEON SIGN INDUSTRY
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Electric and Neon Sign Industry, and the
provisions of this Code shall be the standards of Fair Competition of
such Industry and shall be binding upon every member thereof.
SECTION 1. The term "Electric and Neon Sign Industry" or
"Industry as used herein shall mean and include the manufacture,
lease and sale of electric and neon signs; the installation, mainte-
nance and servicing of such signs upon premises not owned or con-
trolled by a member of this Industry; and the manufacture, installa-
tion, maintenance, lease and sale of luminescent tube products and
neon tube electrodes designed for use only in electric and neon signs
and advertising displays.
SECTION 2. rfThe term "employee as used herein includes any and
all persons, except a member of the Industry, engaged in the indus-
try in any capacity receiving compensation for his services, irrespec-
tive of the nature or method of payment of such compensation.
SECTION 3. The term "employer as used herein includes anyone
by whom any such employee is compensated or employed.
SECTION 4. The term "member of the Industry" includes, but
without limitation, any individual, partnership, association, corpora-
tion, or other form of enterprise engaged in the Industry as above
defined, either as an employer or on his or its own behalf.
SECTION 5. The terms "President ". "Act", "Administrator ", and
" Code Authority ", as used herein shall mean respectively the Presi-
dent of the United States, Title I of the National Industrial Recov-
ery Act, the Administrator for Industrial Recovery, and the agency
herein created to administer this Code for the Industry.
SECTION 6. The term "Association as used herein shall mean the
National Electric Sign Association or its successor.
SECTION 7. The term Confidential Agent" as used herein shall
mean the person or persons designated by the Code Authority to per-
form certain duties hereinafter set forth. Such person or persons
shall be impartial and in no way connected with any member of the
SECTION 8. The term "service as used herein is defined to mean
leasing, contracting at the time of a lease or sale for the servicing of
the products of the Industry for a specified length of time, and also
contracting for the servicing of the products of the Industry for a
specified length of time.
SECTION 1. No employee shall be permitted to work in excess of 40
hours in any one week, or 8 hours in any 24 hour period beginning
at midnight, except as herein otherwise provided.
SECVrow 2. N6 watchman ;shall be permitted to work it exreais of
54 hours per week. The termn watchman as used herein is defined
to imean any employee who devotes not less than ninety percent of
his time watching and /or guarding the premises and 'or property of
the employer and who doCes not engage in production or repair work.
SECTYION 3. The provisions of this Article shall not. apply to out-
side salesmen or to employees engaged in emergency maintenance or
emergency repair work or to persons employed in a managerial or
executive capacity who earn regularly thirty-five ($35.00) dollars
per week or more;. provided, however, that employees engaged in
emergency maintenance and emergency repair work shall be paid not
less than one and one-half (114,) times their normal hourly rate for
all hours worked in excess of 8 hours per day and 40 hours per week.
SECTION 4. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.
SECTION 5. No employer shall knowingly permit any employee to
work for any time which, when totaled with that already performed
with another employer or employers, exceeds the maximum permitted
SECTION 1. No employee shall be paid in any pay period less than
sixteen ($16.00) dollars per week of forty (40) hours; provided,
however, that part. time employees working less than the forty (40)
hour week shall be paid not less than forty-five (45) cents per hour.
SECTION 2. (a) The term "skilled employee as used in this Sec-
tion shall mean sign painters, iron workers, sheet metal workers,
maintenance men, electricians, glass blowers and pumpers, expressly
excepting therefrom helpers as hereinafter defined.
(I) No member of the Industry shall employ more than one helper
for each three journeymen. The term "' helper as used herein shall
mean all employees other than journeymen engaged in the skilled
trades defined in paragraph (a) of this Section.
SECTION 3. This Article establishes a minimum rate of pay, re-
gardless of whether an employee is compensated on a time-rate,
piecework, or other basis.
SECTION 4. Female employees performing substantially the same
work as male employees shall receive the same rates of pay as male
SECTION 5. A person whose earning capacity is limited because of
age or physical or mental handicap may be employed on light work
at a wage below the minimum established by this Code if the em-
ployer obtains from the State authority designated by the United
States Department of Labor a certificate authorizing his employment
at such wages and for such hours as shall be stated in the certificate.
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 maximum hours of work for such employee.
SECToN 6. No hourly, daily, or full time weekly compensation for
employees who are paid less than fifty ($50.00) dollars per week
shall be less than such compensation existing as of June 16, 1933,
and no employee shall be paid a wage rate which will yield a less
wage to the shorter full time week herein established than he could
have earned for the same class of work for the full time week exist-
ing as of June 16, 1933. Wage increases established under the Presi-
dent's Reemployment Agreement shall at least be maintained.
ARTICLE V-GENER-AL LABOR PnovISIONS
SECTION 1. No person under sixteen (16) years of age shall be em-
ployed in this Industry nor anyone under eighteen (18) years of
age at operations or occupations hazardous in nature or detrimental
to health. The Code Authority shall submit to the Administrator
within ninety (90) days after the effective date of this Code a list
of such occupations. In any State, an employer shall be deemed to
have complied with this provision if he shall have on file a certifi-
cate or permit, duly issued by the authority in such State empowered
to issue employment or age certificates or permits, showing that the
employee is of the required age.
SECTION 2. (a) Employees shall have the right to organize and bar-
gain 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) No employee and no one seeking employment shall be re-
quired 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, and
(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.
SECTION 3. Every employer shall provide for the safety and health
of his employees at the place and during the hours of their employ-
ment and shall comply with the standards of safety and health ap-
proved by the Administrator. Such standards shall be recommended
by the Code Authority to the Administrator within three (3) months
after the effective date of this Code.
SECTION 4. Within each State this Code shall not supersede any
laws of such State or Federal laws imposing more stringent require-
ments on employers regulating the age of employees, wages, hours of
work, or health, fire or general working conditions than under this
SECTION 5. No employer shall reclassify employees or duties of oc-
cupations performed by employees or engage in any other subterfuge
so as to defeat the purposes of the Act or the provisions of this Code.
SECTION 6. If any employer of labor in this 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 the business which is a
part of the Electric and Neon Sign Industry."
SECToI 7. No employee shall be dismissed or demoted by reason
of making a complaint or giving evidence with respect to an alleged
violation of this Code.
SECTION 8. No employee who has been regularly employed in any
one establishment of this Industry for eight (8) weeks or more shall
be discharged on less than one week's notice.
SECTION 9. Each employer shall post and keep posted in conspicu-
ous places accessible to employees, full copies of Articles III, IV,
and V, of this Code and any amendments thereto. Every member
of the Industry shall comply with all rules and regulations relative
to the posting of provisions of Codes of Fair Competition which
may from time to time be prescribed by the Administrator.
To further effectuate the policies of the Act, a Code Authority is
hereby constituted to administer this Code.
SECTION 1. A Code Authority is hereby established consisting of
twelve (12) persons to be elected in the following manner:
During the period of sixty days from the effective date of this
Code, the Code Committee shall act as a temporary Code Authority
and shall cause a meeting of the members of the Industry to be held
for the purpose of electing a Code Authority. Twenty days' advance
notice of such meeting shall be sent to all members of the Industry
whose names and addresses can be ascertained after diligent search.
The members of the Code Authority shall be elected in the following
(a) Nine (9) members who shall be members of the Industry and
members of the Association shall be elected by a majority vote of all
members of the Industry present in person or by proxy or letter
ballot, each member to have one vote.
(b) Three (3) members of the Industry who shall be non-members
of the Association shall be elected by a majority vote of all non-
members of the Association present in person or by proxy or by letter
ballot, each member to have one vote.
The members of the Code Authority so elected shall serve for a
period of one year or until their successors are elected and qualified.
Thereafter, members of the Code Authority shall be elected at a
meeting of the members of the Industry to be held at the time and
place of the annual meeting of the Association, in the manner herein-
above set forth.
Any vacancy occurring in the membership of the Code Authority
shall be filled by a majority vote of the remaining members of the
Code Authority, subject, however, to the classifications of member-
ship hereinabove set forth.
In addition to membership as above provided, there may be three
(3) members without vote to be known as Administration Members
to be appointed by the Administrator to serve for such term as he
may specify. The Administration Members so appointed shall
receive notice of, and may sit at, all meetings of the Code Authority.
SECTION 2. Each trade or industrial association directly or in-
directly participating in the selection or activities of the Code Au-
thority, shall (1) impose no inequitable restrictions on membership,
and (2) submit to the Administrator true copies of its Articles of
Association, By-Laws, regulations, and any amendments when made
thereto, together with such other information as to membership,
organization, and activities as the Administrator may deem necessary
to effectuate the purposes of the Act.
SECTION 3. 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 Administrator may prescribe
such hearings as he may deem proper; and thereafter if he shall find
that the Code Authority is not truly representative or does not in
other respects comply with the provisions of the Act, may require an
appropriate modification of the Code Authority.
SECTION 4. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shall
any member of the Code Authority be liable in any manner to anyone
for any act 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 non-feasance.
SECTION 5. Powers and Duties.-The Code Authority shall have
the following powers and duties to the extent permitted by the Act:
(a) To adopt by-laws and rules and regulations for its procedure
and for the administration of this Code in accordance with the
powers herein granted; the same shall be submitted to the Adminis-
trator for his approval, together with true copies of any amendments
or additions when made thereto, minutes of meetings when held, and
such other information as to its activities as the Administrator may
deem necessary to effect the purposes of the Act.
(b) To insure the execution of the provisions of this Code and
to provide, subject to rules and regulations established from time
to time by the Administrator, for the compliance of the Industry
with the provisions of the Act.
(c) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other Codes,
if any as may be related to the Industry or to any subdivisions
(d) 1. It being found necessary in order to support the admin-
istration of this Code and to maintain the standards of fair competi-
tion 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 Administrator for his approval, subject
to such notice and opportunity to be heard as he may deem nec-
essary (1) an itemized budget of its estimated expenses for the
foregoing purposes, and (2) an equitable basis upon which the
funds necessary to support such budget shall be contributed by
the members of the Industry;
c. After such budget and basis of contribution have been
approved by the Administrator, to determine and obtain equita-
ble contribution as above set forth by all members of the In-
dustry and to that end, if necessary, to institute legal proceed-
ings 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 Au-
thority, determined as hereinabove provided, and subject to rules
and regulations pertaining thereto issued by the Administrator.
Only members of the Industry complying with the Code and con-
tributing to the expenses of its administration as hereinabove pro-
vided, unless duly exempted from making such contributions, 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
3. The Code Authority shall neither incur nor pay any obligation
substantially in excess of the amount thereof as estimated in its
approved budget, and shall in no event exceed the total amount
contained in the approved budget except upon approval of the
Administrator; and no subsequent budget shall contain any defi-
ciency item for expenditures in excess of prior budget estimates
except those which the Administrator shall have so approved.
(e) To recommend to the Administrator further trade practice
provisions to govern the members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning and stabilization of
employment; and to consider and recommend to the Administrator
proposals for modification or amendment of this Code which shall
become effective as part hereof upon approval by the Administrator
after such notice and hearing as he may specify.
(f) To appoint a Trade Practice Committee which shall meet with
the Trade Practice Committees appointed under such other codes as
may be related to the Industry for the purpose of formulating fair
trade practices to govern the relationships between employers under
this code and under such other codes to the end that such fair trade
practices may be proposed to the Administrator as amendments to
this code and such other codes.
(g) 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 Authority
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.
(h) To provide for local administration of the code through the
selection of district Code Committees for various districts as may
from time to time be set up by the Code Authority, each such dis-
trict Code Committee to be selected from the members of the Industry
residing within the district in a manner truly representative of the
members of the Industry within that district. The set up of the
district or districts and the method of selection shall be subject to
review by the Administrator.
(i) The District Code Committees shall have such power as may
be delegated to them by the Code Authority, provided that nothing
herein shall relieve the Code Authority of its duties or responsibili-
ties under this Code; and that such district Code Committees shall at
all times be subject to and comply with the provisions of this Code.
(j) 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 Au-
thority, members of the Industry subject to this Code shall furnish
such statistical information as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act to such Federal
and ate agencies as he may designate; provided that nothing in
this Code shall relieve any member of the Indus.trv of auv existing
obligations to furnish reports to any Government agency. .No indi-
vidual report shall be disclosed to any other member of the Industry
or any other party except to such other Governmental agencies as
may be directed by the Administrator.
(k) To authorize and empower Regional Code Committees, or
other such Agencies as it may designate, to install a method of
checking competitive bids after the opening and after the award of
the contract of such bids and when such authorization is granted to
require such Regional Code Committees or Agencies to designate a
depository, or to use such other method as may be approved by the
(1) To present to the Administrator, from time to time, recom-
mendations based on conditions in the Industry, which will tend to
effectuate the operation of the provisions of this Code. Such rec-
ommendations, when approved by the Administrator, shall have the
same force and effect as the other provisions of this Code.
SECTION (6. The Code Authority may with the approval of the
Administrator maintain a representative in each major trade area
and in such minor trade areas as may be designated, who shall be
nominated by the Industry in said trade area, and who shall keep in
touch with all members of the Industry, explain the provisions and
applications of the Code and rulings made thereon by the Code
Authority, investigate complaints, instruct members in the keeping
of data required, and perform such other duties as shall be desig-
nated by the Code Authority to create and maintain harmony in
the Industry, and to provide members of the Industry with a direct
personal channel for securing the full benefit of the operation of this
Code. This representative shall exercise only such authority as may
be specifically invested in him by the Code Authority with the ap-
proval of the Administrator.
SECTION 7. In each division or subdivision of the Electric and
Neon Sign Industry, truly representative associations or groups of
employers and employees respectively concerned, after proper notice
and hearing and as a result of bona fide collective bargaining, may
establish by mutual agreement (when approved by the President as
provided in Section 7 (b) of the Act), for a specifically defined
region or locality the standards of hours of labor, rates of pay,
and such other conditions of employment, relating to occupations
or types of operations in such region and locality, as may be neces-
sary to effectuate the policy of Title I of the Act. For the purposes
Sof this Section, the entire United States may be defined as a region.
SECTION 8. All statistics, data, and information filed or required
in accordance with the provisions of this Code shall be confidential
and the statistics, data, and information of one member shall not
be revealed to any other member. No such data or information shall
be published except in combination with other similar data and only
in such a manner as to avoid the disclosure of confidential informa-
tion, or except upon the written consent of a particular member of
the Industry supplying such statistics, data and information. The
Code Authority shall arrange in such manner as it may determine
for the current publication of Industry statistics to members.
SECTION 9. If the Administrator shall determine that any aotioicrof
a Code Authority or any agency thereof may be unfair or unjust
or contrary to the public interest, the Administrator may require
that such action be suspended to afford an opportunity for investi-
gation 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 Administrator approves or unless he shall
fail to disapprove after thirty (30) days' notice to him of intention
to proceed with such action in its original or modified form.
ARTICLE VII-COSTS AND PRICE CUTTING-COST FINDING AND
SECTION 1. (a) Wilfully destructive price cutting is an unfair
method of competition and is forbidden. Any member of the Indus-
try or of any other industry or the customers of either may at any
time complain to the Code Authority that any filed price consti-
tutes unfair competition as destructive price cutting, imperiling small
enterprise or tending toward monopoly or the impairment of code
wages and working conditions. The Code Authority shall within
5 days afford an opportunity to the member filing the price to
answer such complaint and shall within 14 days make a ruling or
adjustment thereon. If such ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of NRA which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product
or service, there is to be no fixed minimum basis for prices. It is
intended that sound cost estimating methods should be used and that
consideration should be given to costs in the determination of pricing
(c) When an emergency exists as to any given product or service,
sale below the stated minimum price of such product or service, in
violation of Section 2 hereof, is forbidden.
SECTION 2. (a) If the Administrator, after investigation shall at
any time find both (1) that an emergency has arisen within the In-
dustry adversely affecting small enterprises or wages or labor con-
ditions, or tending toward monopoly or other acute conditions which
tend to defeat the purposes of the Act; and (2) that the determina-
tion of the stated minimum price for a specified product or service
within the industry for a limited period is necessary to mitigate the
conditions constituting such emergency and to effectuate the purposes
of the Act, the Code Authority may cause ah impartial agency to
investigate costs and to recommend to the Administrator a determina-
tion of the stated minimum price of the product or service affected
by the emergency and thereupon the Administrator may proceed
to determine such stated, minimum price.
(b) When the Administrator shall have determined such stated
minimum price for a specified product or service for a stated period,
which price shall be reasonably calculated to mitigate the conditions
of such emergency and to effectuate the purposes of the National
Industrial Recovery Act, he shall publish such price. Thereafter,
djiringj p uch stated period, no member of the Industry shall sell such
speciifed products or services at a net realized price below said stated
minimum.price and any such sale shall be deemed destructive price
cutting. From time to time, the Code Authority may recommend
review or reconsideration or the Administrator may cause any deter-
minations hereunder to be reviewed or reconsidered and appropriate
SECTION 3. The Code Authority shall cause to be formulated
methods ot cost finding and accounting capable of use by all members
of the industry, and shall submit such methods to the Administrator
for review. If approved by the Administrator, full information con-
cerning such methods shall be made available to all members of the
Industry. Thereafter, such member of the Industry shall utilize
such methods to the extent found practicable. Nothing herein con-
tained shall be construed to permit the (ode Authority, any agent
thereof, or any member of the industry to suggest uniform addi-
tions, percentages or differentials or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
ARTICLE VITT-OPEN fPICEN PROVISIONS
SECTION. 1. Each member of the Industry shall file with a confi-
dential and disinterested agent of the Code Authority, or, if none,
then with such an agent designated by the Administrator, identified
lists of all of his prices, discounts, rebates, allowances, and all other
terms or conditions of sale, hereinafter in this Article referred to as
" price terms which lists shall completely and accurately conform
to and represent the individual pricing practices of said member.
Such lists shall contain the price terms for all such standard products
or services of the Industry as are sold or offered for sale by said
member and for such non-standard products of said member and for
such non-standard services of said member as shall be designated by
the Code Authority. Said price terms shall in the first instance be
filed within thirty (30) days after the date of approval of this pro-
vision. Price terms and revised price terms shall become effective im-
mediately upon receipt thereof by said agent. Immediately upon
receipt thereof, said ageat shall by telegraph or other equally prompt
means notify said member of the time of such receipt. Such lists and
revisions, together with the effective time thereof, shall upon receipt
be inunediately and simultaneously distributed to all members of the
Industry and to all of their customers who have applied therefore and
have offered to defray the cost actually incurred by the Code Au-
thority in the preparation and distribution thereof and be available
for inspection by any of their customers at the. office of such agent.
Said lists or revisions or any part thereof shall not be made available
to any person until released to all members of the Industry and their
customers as aforesaid; provided, that prices filed in the first instance
shall not be released until the expiration of the aforesaid thirty (30)
day period after the approval of this Code. The Code Authority
shall maintain a permanent file of all price terms filed as herein pro-
vided, and shall not destroy any part of such records except upon
written consent of the Administrator. Upon request the Code Au-
thority shall furnish to the Administrator or any duly designated
agent of the Administrator copies of any such lists or revision of
SECTION 2. When any member of the Industry has filed any revi-
sions, such member shall not file a higher price within forty-eight
SECTION 3. No member of the Industry shall sell or offer to sell
any products or services of the Industry, for which price terms have
been filed pursuant to the provisions of this Article, except in accord-
ance with such price terms.
SECTION 4. No member of the Industry shall enter into any agree-
ment, understanding, combination or conspiracy to fix or maintain
price terms, nor cause or attempt to cause any member of the Indus-
try to change his price terms by the use of intimidation, coercion,
or any other influence inconsistent with the maintenance of the free
and open market which it is the purpose of this Article to create.
ARTICLE IX-TRADE PRACTICES
A. The Following Practices Constitute Unfair Methods of Com-
petition for Members of the Industry, and are Prohibited:
RULE 1. No member of the Industry shall publish advertising
(whether printed, radio, display, or of any other nature) as to his
own business which is misleading or inaccurate in any material par-
ticular, nor shall any member in any way misrepresent any credit
terms, values, policies, services, or the nature or form of the business
RULE 2. No member of the Industry shall knowingly withhold
from or insert in any quotation or invoice any statement that makes
it inaccurate in any material particular.
Rn.E 3. No member of the Industry shall publish advertising as
to his own business which refers inaccurately in any material par-
ticular to any competitors or their prices, values, credit terms,
policies, or services.
RULE 4. No member of the Industry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
RULE 5. No member of the Industry shall secretly offer or make
any payment or allowance of a rebate, refund, commission, credit,
muearned discount, or excess allowance, whether in the form of
money or otherwise, nor shall a member of the Industry secretly offer
or extend to any customer any special service or privilege not ex-
tended to all customers of the same class, for the purpose of influenc-
ing a sale.
RULE 6. No member of the Industry shall give, permit to be given,
or directly offer to give, anything of value for the purpose of in-
fluencing or rewarding the actioV of any employee, agent or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal, or party. This
provision shall not be construed to prohibit free and general dis-
tribution of articles commonly used for advertising, except so far
as such articles are actually used for commercial bribery as her-in-
UrE' 7. No member of the Industry shall induce or attempt to
induce the breach of an existing contract. between a competitor and
his customer or source of supply; nor shall any such member inter-
fere with or obstruct the performance of such contractual duties or
RULE 8. No member of the Industry shall brand or make or pack
any goods in any manner which is intended to or does deceive or
mislead purchasers with respect to the brand, grade, quality, quan-
tity, origin, size, substance, character, nature, finish, material, con-
tent, or preparation of such goods.
RULE 9. No member of the Industry shall knowingly convert or
adapt to his own use the whole or any essential part of any designs,
drawings, sketches, models, or copy of any products which have been
submitted to a prospective customer by a competitor; nor shall any
member of the Industry knowingly consummate a sale on a design,
sketch, or plan originally furnished by a competitor to a prospective
customer unless the purchaser or seller has made arrangements for
compensation to the competitor for. the use of such design, sketch,
RULE 10. No member of the Industry shall conceal or remove from
any electric sign the name of the manufacturer thereof, or any
Insignia required by this Code.
RULE 11. No member of the Industry shall furnish any sample
sign especially built for a prospective purchaser having a prime cost
in excess of $10.00, except on a definite purchase contract.
RULE 12. No member of the Industry shall lease or sell or offer to
lease or sell any product of the Industry through an outside sales-
man known to be employed solely by a competitor without first
obtaining the consent of the competitor, nor shall any member of the
Industry employ or contract with any sales agent employed solely by
or representing a competitor for the purpose of obtaining business
developed by a competitor through such salesmen or sales agentss.
RULE 13. No member of the Industry shall mislead or deceive
customers with respect to the quality and/or quantity of material or
workmanship, the size of letters, dimension of signs and amount and
kind of service given with a sale.
RULE 14. No member of the Industry shall make any unauthorized
use of any insignia, trade marks, designs, or brands established to
identify persons who have entered into an agreement with the N.R.A.
to observe and conform to the provisions of this Code and approved
rules issued thereunder, nor shall any member of the Industry make
any false statement that he has entered into any such agreement.
RuLE 15. No member of the Industry shall defame a competitor
by falsely imputing to him dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false repre-
sentations or by false disparagement of the grade or quality of the
RuLE 16. No member of the Industry shall reduce a bid without
changes in the specifications and/or plans justifying the same.
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 Industrial
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. Such of the provisions of this Code as are not required
to be included herein by the Act may, with the approval of the
Administrator, be modified or eliminated in such manner as may
be indicated by the needs of the public by changes in circumstances
or by experience. All the provisions of this Code, unless so modified
or eliminated, shall remain in effect until June 16, 1935.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrimi-
nate against small enterprises.
ARTICLE XII-PRCE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of services
increase as rapidly as wages, it is recognized that price increases
should be delayed and that, when made, the same should, so far as
possible, be limited to actual increases in the seller's costs.
ARTICLE XIII--EFECTrvE DATE
This Code shall become effective on the tenth day after its
Approved Code No. 506.
Registry No. 1310-09.
r I f
UNIVERSITY OF FLORIDA
lillifllilllllll0lllll ll llllI lI111111lll flI l
3 1262 08583 0833
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 E6AHUYOP3_SA1Z7B INGEST_TIME 2012-04-02T13:39:41Z PACKAGE AA00009912_00001
AGREEMENT_INFO ACCOUNT UF PROJECT UFDC