Code of fair competition for the blue print and photo print industry as approved on December 18, 1934


Material Information

Code of fair competition for the blue print and photo print industry as approved on December 18, 1934
Portion of title:
Blue print and photo print industry
Physical Description:
p. 65-77 : ; 24 cm.
United States -- National Recovery Administration
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Blueprints -- Law and legislation -- United States   ( lcsh )
Prints -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1604-02."
General Note:
"Approved Code No. 537."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647991923
System ID:

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

Approved Code No. 537

Registry No. 1604-02

This publication is for sale by the Superintendent of Documents, Government
Printing Office, Wa-hingtoiu, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.


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San Fraricisc., Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federil Office Building.

Approved Code No. 537



As Approved on December 18, 1934



An application having been duly made )pulr-Unt to and in full
compliance with the provi-ioin of Title I of the National Industrial
Recovery Act, approved June 16, 19'33, for approval of a Code of
Fair Competition for the Blue Print and Photo Print 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, the National Induistrial Recovery Board, piur.-iaiit to author-
ity vStedi in it by Executive Orders of the President. indrlulilln
Executive Order No. 6.59, and otherwise, does hereby incorporate
by reference said annexed report and does find that said Code conm-
plies in all r-c-pect- with the pertinent provisions- and will promote
the policies and purposes of said title of said act; and doe, hlereby
order that said Code of Fair Competition be and it is hereby
By W. A. HARRIMAN,,.it' Of,., f.
ApJprJoval re',iillelit ided:
Acting Dii'.,'on A WASHIcNTON, D. C.,
December 18, 1934.


ln:'.",W; --1.N5 -1ln5--34


The Pii:-llII.N i1',
The WlVtie House.
SIR: This is a report on the Code of Fair Competition for the
Blue Print and Photo Print Indiustry, the hearing having been
conducted in Wawhinaton on October 5, 19:34, in acordance. with
the provisions of Title I of the National Industrial Recovery Act.


The maximum hours are established in this Code as follows: All
illi!ploy '-, except outside salesmen and employees (engigdl in a
!ii inagerial capacity who receive thirty-five dollars ($35.00) per
week or more-forty (40) hours in any one week, or eight (8) hours
in any twenty-four (24) hour period. The maximum hour provi-
sions shall not apply to the following: Employees engag-ed in print-
ing prc'':-.i- who may work a total of one hundred and forty-
four (144) hours additional in any calendar year, but not in excess
of thirty-two (32) additioilil hooiri in any one montli, but in any
such pleciil ,"-, at l'.a-t one and one-half (11/2) times their regular
rate shall be paid for hoiurj worked in ex..---; of eight (8) hours
in any twenty-four (24) hour period or forty (40) hours in any
one week; employees on icini-ilney maintenance or ci(.ierigey re-
p,;ir work involving breakdowns or protection of life or property,
but in any iiuch special case at least time and one-half shall be paid
for hours wors'i l in excess of the maximum hour provisions. No
employer shall permit any employee to work for any time which
when totaled with that already performed for another employer,
or employers, c.-.e;-ds the maximum hour provisions.
The miinmum v.- gi-; are established in this Code as follows: All
employees, except i --cng1r-- fift,.wi, dollars ($15.00) per week;
Ai. -sengers-twelve dollars ($12.00) per week. These minimum
rates of pay shall apply irrespective of whether an employee is
ie,.tiialy compem.-'ti'd on a time rate, piece-v.:orl, or other I:.-i. and
female employees performing -til1-.ltlially the same work as male
employees shall receive the same rate of pay as male employees.
Employees whose earning capacity is liiiited because of age or
physical or m.;lntal haiidicap or other infirmity may be employed
on light work at a wa\-;1 below the minimum e-tabli-lhed by this
Code if such employer shall obtain from the state aithrlrity dei.-
nated by the United States Department of Labor a certificate author-
izing, his employment at such wwigi, and for such hours as shall
be -tat.e in the certificate.
The employment of any pr-l',ll undlr'lr sixteen (16) years of age
is prohibited with a further provision that no person under eighteen
(18) years of age may be employed in any occupation hazardous
in nature or dangerous to health.

This Industry includes the .ervice for others for colmpn-atiion
or hire of printing on sensitized paper or cloth by means of photo-
graphic proce-.)-e, known as blue printilig and photo printing.
There are approximately 450 concerns in the Industry, which
number is a decrea-se of about 18 percent since 1929. There is an
estimated number of 5,500 employee- again-t an edtiinated 6,000
in 1929, a decrease of about 8 percent. The etimated aggrrPate
invested capital decreased from $14,000,000 in 1.12)! to an estimated
$10,000,000 in 1933, a decrease of about 28 percent. No reliable data
is available on the volume of sales.
The Assistant Deputy Administrator in his final report on said
Code having found as herein set forth and on the baI-i- of all the
proceedings in this matter. It is found that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recwovery Act, including
the removal of obstructions to the free flow of interstate and foreigrln
commerce which tend to diminish the aim,-unlt thereof, alnd will pro-
vide for the gene-ral welfare by promoting the organ rization.i of Indus-
try for the, purposes of cooperative action among the trade group.,
by inducing and niiainta;ining united action of labor and management
under adequate government actions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest p,--ilbl
utilization of the pre.-ent productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increa-sing the con.isumption of industrial and agric ul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, and improving .tand;ardls of labor, and
by otherwise rehabilita ting industry.
(b) Said industry normally employs not more than 50,000 em-
ployees; and is not classified as a major industry.
(c) The Code as approved complies in all re:pets with the perti-
nent. prvi.-io-ns of ,ziid Title of said Act. including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsecton (b) of Section 10 thereof; and the applicant association is
an association truly representative of the aforesaid IndutL ty; and
said association imposes no inelquiitable restrictions on admission to
membership therein.
(d) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate agaiin-t them.
(e) The Code is not designed to and will not permit monopolies or
lmonIopolistic practice.-.
(f) Those engaged in other steps of the economic plroce.- have
not been deprived of the right to be heard prior to approval of .aid
For these reasons, this Code has been approved.
For the National Industrial Recovery Board:
AdECEin it a't Of18f.r.
DECEMBER 18, 1934.



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
Blue Print and Photo Print Industry, and the provisions of this
Code shall be the standards of fair competition of such Industry
and shall be binding upon every member of the Industry.


SECTION 1. The term Blue Print and Photo Print Industry as
used herein includes the service for others for compensation or hire
of printing on '.enitized paper or cloth by means of photographic
processes, known as blue printing and photo printing, and such
related branches or subdivisions thereof as may from time to time
be included under the pro\ vi'i:ns of this Code. The provisions of
this Code shall not apply to any of the operations above mentioned
when performed by a company for its own use and not for com-
pensation or hire, or by a company in the production, solicitation for
sale, sale, installation, repairing or servicing of products produced
by such company.
SECTION 2. The tirn employee as used herein includes any and
all persons engaged in the Induitry, however compeii-itel, except
a member of the Industry.
SrxCTIlN 3. The term "employer as used herein includes anyone
by whom such employee is compeli-;ated or employed.
SECTION 4. The term member of the Induitry as u-e, herein
includes, but without limitation, any individual, partnership, as-socia-
tion, corporation, or other form of enterprise engaged in the Blue
Print and Photo Print Industry as above defined, either as an
employer or on his or its own behalf.
SECTIN 5. The terms "President ", "Act" and "The Board" as
ulsedl herein mean respectively the President of the United States,
Title I of the National Industrial Rec.\-very Act, and the National
Industrial Recovery Board.
SECTION 6. The singular includes the plural, the plural includes
the singular, the masculine includes the femiinine and neuter and the
neuter includes the masculine and feminine.


SECTION 1. No employee shall be permitted to work in excess of
forty (40) hours in any one week or eight (8) hours in any twenty-
four (24) hour period, except outside sale-men and except employees

engaged in a managerial capacity receiving thirty-five dollars
($3.~.00) a week or more. andl except that an employee engaged in
printing processes may work a total of one hundred and forty-four
(144) hours additional in any calendar year but not in excess of
thirty-two (3:) additional ]our. in any one Imiontl, provided, how-
ever,. that all such additional hours shall be compensated at not less
than time and one-half. A normal work day shall not exceed eight
(8) hours.
StECrin 2. The maximum hours fixed in the foregoing section
shall not apply to any employees on emergency maintenance or
cilerlgenI'y repair work involving breakdowns or protection of life or
property, but in any such special case at least. time and one-half
shall be paid for hours worked in excess of the maximum hours
therein provided.
SECTIrx'1 3. No employee shall be permitted to work more than six
(6) days in any seven (7) day period.
SEci TION 4. No employer shall knowingly permit any employee to
work for any time which, when added to the time spent at work for
ato(liter employer or employers in this Industry (or other inlldutry),
exceeds the maximum pe lrmitted herein.
SECTION 5. Any person who does any work commnlly performed
by an employee shall be subject to the provisions of this Code as to
hours of labor.

SECTION 1. No employee shall be paid in any pay period less than
at the rate of fifteen dollars ($15.00) per week, except i'sc.-engers
who shall be paid at not less than twelve dollars ($12.00) per week.
SECTION 2. This Article establishes minimum rates of pay which
shall apply,'tive of wllether an employee is actually compen-
sated on a t i lne rate, piecework, or other basis.
SECTION 3. No employer shall make any reduction in the full-time
weekly beating of any employee whose normal full-time weekly
hours are reduced by twenty percent. (20' ), or less, below those
existing for the vweek ending June 17, 1933. When the normal full-
time weekly houri- of an employee are reduced by more than said
percent, the full-tiime weekly wage of such employee shall not be
reduced by more than one-half () of the percentage of hour reduc-
tion above said percent. In no event. shall hourly rates of pay be
redIued. irre:-pe-tive of whether compensation is actually paid on an
hourly, weekly, or other ba-i., nor shall any wages be at less than the
minimum rates herein provided.
Within thirty (30) days of the effective date hereof (unless such
adjustment has been made theretofore.), each employer shall adjust
the schedules of wages of his employees in such an equitable manner
as will conform to the provision., hereinabove set forth and still pre-
serve wage differentials reasonably proportionate to those in effect
prior to the effecti-ve date of this Code.
SECTION 4. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
SECTION 5. A person who-e earning capacity is limited because of
age or physical or mental handicap or other infirmity miay be em-

played on light work at a \ui ge below the minimum established by
this Code if the employer 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
wa_*-,. paid to, and the maximum hours of work for such employees.
SECTION 6. The employer shall make payment of all expense in-
curred by an employee in performance of his duties.
SEf1 'i'.r 7. Standards as to the maximum hours of labor, minimum
ratke of pay and such other conditions of employment as may be nec-
essary to effectuate the policies of Title I of the Act may be estab-
lishedl for any area by mutual agreements between employers and
employees arrived at and approved pursuant to the provisions of
Section 7 (b) of the Act, provided that the wage, hour and other
labor provisions of such gIe-'.iii-eiits shall not be less favorable to
employees than the wage, hour and other labor provisions established
in this Code.
St:. rioN 8. All members of this Industry shall mnake payment of all
wages and salaries due in lawful currency or by niegotiable check
therefore, payable on demand at par. If wages ai r paid by check, the
employer hall provide reasonably accessible facilities for cashing
such checks at face value without expense to the employee. Em-
ployers shall also provide such identification as is necessary to utilize
such facilities.
Wag.. shall be payable at the end of each weekly period and shall
be exempt from any payment or deduction for pension'-, ii-n lrancee or
sick benefits other tlhaln those voluntarily paid or authorized to be
deducted by employees. Eiiployers or their agents shall not accept,
directly or indirectly, rebates on such wages or give anything of value
nor extend any favors to any peron for the purpose' of influencing
rates of wiige- or working conditions of their employees.


Si:. rlox 1. No person under sixteen (16) years of age shall be
employed in the Industry in any capacity. No person under (eighteen
(18) years of age shall be employed in the Industry at operations
or occupations hazardous in nature or detri.,ii-nit:l to health. In any
State any employer shall be deemed to have complied with this pro-
vision a; to age if he shall have on file a certificate or permit, duly
sign'id by the Authority in such State empnwerUld to issue em-
ployment or age certificates or permits showing that the employee is
of the required age.
SIcriux 2. Employees shall have the right to organize and bar-
gain collectively through repres-ettatives 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 -uich representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other miul al aid or protection.
Si:(TIuN 3. 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 as.-.isting a labor organiza-
tion of his own choosing.

SECTION 4. Employers shall comply with the maximum hours of
labor, minimum rates of pay, ;ind other conditions of employment
approved or prescribed by the President.
SECTION 5. Every employer shall provide for the safety and
health of employees during the hours and at the places of their em-
ployment. Standards for safety and health shall be tib.llitted by the
Code Authority to the Board within six (6) 11montlhs after the effective
date of this Code.
SECTiION 6. No provision in this Code shall supersede any State
or Federal law which imposes on employers more stringent require-
ments 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 imposed by this Code.
SECTION 7. No employer shall recla'-sify employees or duties of
occupations performed or engage in any other subterfuge so as to
defeat the purposes or provisions of the Act or of this Code.
SECTION 8. All employers shall post and keep posted copies of
this Code in conspicuous places accessible to all employees. 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 Board.


SECTION 1. During the period not to exceed sixty (60) days follow-
ing the effective date of this Code, the Code Committee of the Inter-
national Association of Blue Print and Allied Industries shall con-
stitute a temporary Code Authority. There shall be constituted
within the sixty (60) day period a Code Authority consisting of
six (6) members who shall be members of the Industry to be .elected
as follows:
(a) The temporary Code Authority shall select a i imeillier or group
of members of the Industry with the duty of calling a inieting of the
members of the Industry, upon fifteen (15) days' notice ntit by
registered mail to all members of the Industry, wlhoi1 Iieiii-ne may
be ascertained after diligent search. At such meeting the mlninhers
of the Industry shall nominate and elect six (6) to be their
representative-: on the Code Authority, the voting to be either in
person or by proxy or by letter ballot. Not more than fllur (4)
members so elected members of the Code Authority shzall be members
of the International Association of Blue Print and Allied Indus-
tries. The members of the Code Authority first elected shall serve
till June 16, 1935. Thereafter members of the Code Authority shall
be elected for a term of one year at a meeting called by the Code
Authority not less than thirty (30) days prior to the expiration date
of the current term of office of the Code Authority.
(b) A vacancy occurring in the Code Authority shall be filled by
a member of the Industry who shall be elected to the vacancy by a
majority vote of the remaining members of the Code Authority,
consistent with the provisions of the preceding paragraph subject
to the approval of the Board.

SciioN 2. The TI, 'ul i its li ,'retion may appoint not more than
three (3) members of the ('ode Aiithority, without vote, to serve for
such terms as it imay p, rescriie.
SI1"'iiN, 3. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Au-
thority shall (1) impose no in,,iiit;ble restrictions on membership,
and (2) submit to the Board true copies of its articles of association,
by-laws, regulations, and any amendm ents when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Board imay deelm necessary to effectuate the
purposes of the Act.
S-:('rio.x 4. In order that thdeCode Authority shall at all times be
truly representative of the Industry and ill other respects comply
with the provisions of tile Act, the Board may prescribe sichi hear-
ings as it may deem proper: and thereafter if it shall find that the
Code Authority is not truly replrei-t native or does not in other re-
spects comply with the provisions of the Act, imay requiilee anl appro-
priate modification of the Code Authority.
SECTION 5. Nothing contained in this Code shall constitute the
iniellhers of the (ode 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, ,iir, .agent, or employee
of the Code Authority. Nor shall any member of the Code Author-
ity exercising reasonable dili igenceI in the conduct of his duties here-
under be liable to anyone for any action or omission to act under this
Code, except for his own wilful malfeasance or nonfeasance.
SEC'TION 6. Subject to -ich rules and regulations as may be issued
by the Board, the Code Authority shall have the following powers
and duties, in addition to those authorized by other provisions of
this Code.
(a) To inslre the execution of the provisions of this Code and to
provide for the compliance of the Industry with the provisions if the
(b) To adopt by-laws rules and regulations for its procedure.
(c) To obtain from members of the Industry such information
and report s as are required for the administration of the Code.
In addition to information ri-qiiired to be submitted to a crnhfllidential
and disinterested aIge-it of the Code Authority, or, if none, then
with such an agentt d.esignated by the Board, members of the In-
dustry subject to this Code shall furnish such statistical information
as the Board may deem necessary for the purposes recited in Sec-
tion 3 (a) of the Act to such Federal and State agenciesi as it may
designate; provided that nothing in this Code shall relieve any menm-
ber of the Industry of any obligations to furnish reports to any
governmenim t agency. No individual report shall be disclosed to any
other member of the Industry or any other party except to such
other Governmental agnmiie, as may be directed by the Board.
(d) To use such trade associations and other a ge.icies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing shall relieve the Code Authority of its
duties or r onsities onibiliies under this Code and that such trade asso-
cia t ions and agencies shall at all times be subject to and comply with
the provisions hereof.

'(e) To recommend to the Board any action or measure deemed
advisable, including further fair trade practice' provisions to govern
nmembersn of the Industry in thllir relation with each other or with
other industries; measures for induitriiil planning, and stabiliza-
tion 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.
(f) To appoint a Trade Pra,.tiee 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 formulat-
ing fair trade practices to govern the relationships between employ-
ers under this Code and under such other codes to the end that such
fair trade practices may be propo.edl to the Board as amendments
to this Code and such other Codes.
(g) To provide appropriate facilities for arbit ration, and subject
to the approval of the'Board, to presicribe rules of procedure and
rules to effect compliance with awards and det,' lminatios.
SECTION 7. The Code Authority may define trade areas, their sub-
divisions, and suburi)ban areas and de-i-gnate the boundaries thereof,
subject to the approval of the Board.
SECTION 8. In order to support the irlmini.-it'Hation of this Code
and to maintain the -tanilards of fair competition established here-
under and to etfectiate 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 rai~ld 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 hcnrd as it may deem ni, e.Ssa;ry (1) an item-
ized budget of its e.tin.latd. expenses for the foregoing purpi)e-, and
(2) an equitable basis upon which the funds necessary to support
such budget shall be c('ntriblluel by members of the Industry;
(c) After such budget and basis of contribution have been ap-
proved by the Board, to determine and obtain cjiuitblN, contribution
as above set forth by all -iichl members of the Industry, and to that
end, if necessary, to institute legal proceedings therefore in its own
SECTION 9. Each member of the Industry shall pay his or its equi-
table contribution to the expenses of the maintenance of the Col.l
Authority, determiin,:d as lhetreinabove provided, and subject to rules
and regulations pertainin:r thereto issued by the Board. Only menm-
bers of the Industry complying with the Code and contributing to
the expenses of its administration as hlreina;ibve provided, unless
duly exempted from making suchii 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 u.-o
of any emblem or insignia of the National Recovery Admlinistration.
SECTION 10. The Code Authority shall neither incur nor pay any
obligation substantially in excess of the amount thereof ase.stimated
in its approved budget, and shall in no event exceed the total amount
contained in the approved budget, except upon approval of the
Board; and no subsequent. budget shall contain any deficiency item

for expellndituresI ill ex'ce.s of prior budget estimates except those
which the Bon r shall have so approved.
Sr< 'rION 11. If the Board shall at any time determine that any
action of a 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 investigation
of the merits of such action and further consideration by such Code
Authority or Agency, pending final action, which shall not be effec-
tive unless the Board approves or unless it shall fail to disapprove
after thirty (30) days notice to it of intention to proceed with such
action in its original or modified form.


RULE 1. No member of the Industry shall publish advertising
(whether printed, radio, display, or of any other nature), which is
misle-adingl or iina'ciirate in any material particular, nor shall any
member in any way misrepresent any goods (including, but without
limlitation, its use, trade mark, grade, quality, quantity, origin, size,
substance, character, nature, finish, material, content, or prepara-
tion) or credit terms, values, policies, services, or the nature or form
of the business conducted.
RULE 2. NO Iitimber of the Industiry shall knowingly withhold
from or insert in any quotation or invoice any statement that makes
it inaccurate in any material particular.
RULE 3. No member of the Industry shall publish advertising
which refers ina:c'rlately in any material particular to any com-
petitors or their prices, values, credit terms, policies, or services.
RULE 4. No member of the Industry ihall pllllish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the rcffect of harras-,iig competitors or intimidating their
RULE 5. No member of the Industry shall .crevtly offer or make
any payment or allowance of a rebate, refund, conmminis-i.n credit,
unearned discount or excest- allowance, whether in the form of
money or otherwise, nor shall a member of the Imndutry s-.cretly3
offer or extend to any customer any special service or privilege not
extended to all customers of the same class, for the purpose of
influencing a sale.
RULE 6. No member of the Industry shall give, permit to be given,
or offer to give, anything of value for the purpose of influencing or
rewarding the action of any evlmployee, agent, or representative of
another in relation to the business of the employer of such em-
ployee the principal of such agent or the represented party, with-
out the knowledge of such employer, principal or party. This pro-
vision shall not be construed to prohibit free and general distribution
of articles commonly used for advertising except so far as such
articles are actually used for commercial bribery as hereimnal)ve
RULE. 7. No member of the Industry shall wilfully ilnd(uc or at-
tempt to induce the breach of existing contracts between competitors
and their customers by any false or deceptive means, or interfere
with or obstruct the performance of any such contractual duties or

services by any such means, with the purpose and effect of hamper-
ing, injuring, or embarra,-ing competitors in their bu-ines.. This
halll not be construed to apply to labor contraet-.
RULE 8. No member of the Industry shall accept the return for
partial or full credit of any blilueprint, photo print, or other products
previously delivered for any rea-on other than the lun'a:tidfactnry
nature of said product.
RULE 9. NO member of the Industry shall use any subterfuge
to frustrate the spirit and intent of this Code.

SECTION 1. Each member of the Indultry shall file with a con-
fidential and disinterested agent of the Code Authority or, if none,
then with such an agent designated by the Board, identified lists of
all his prices, discilonts, rebates, allowances, and all other terms or
conditions of sale, hereinafter in this Article referred to a- "price
terms ", which lists shall completely and accurately conform to and
represent the individual pricing practices of said Imember. Such
lists shall contain the price terms for all such standard products of
the Industry as are sold or offered for sale by said member and for
such jnonstandard products of said member as shall be designated
by the Code Authority. Said price list terms shall in the first
instance be filed within ten (10) days after the date of approval of
this provision. Price terms and revised price trcnms shall become
effective immediately upon receipt thereof by said agent. Im-
mediately upon receipt thereof, said agent shall by telegraph or
other equally prompt means notify said member of the time of such
receipt. Such lists and 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 aforesid;; provided, that prices
filed in the first instance shall not be released until the expiration of
the aforesaid ten (10) day period after the approval of this Code.
The Code Authority shall maintain a permanent file of all price
terms filed as herein provided, and shall not destroy any part of
such records except upon written consent. of the Board. Upon re-
quest the Code Authority shall furnish to the Board or any duly
designated agent of the Bo, rd copies of any such lists or provisions
of price terms. Suimh price lists and/or any revised price list shall
be made available to all interested parties.
SECTION 2. When any member of the Industry has filed any re-
vision, 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 product/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 industry
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.

SECTmIN 5). The standards of fair competition for the industry with
reference to pricing practices are 41delared to be as follows:
(a) Wilfully destructive price cuttting is an unfair method of
competition and is forbidden. Any member of the industry or of
any other industry or the cii-t(lliler of either may at any time com-
plain to the Code Authority that any filed price c(onstitutes unfair
competition as destructive price cutting, imperiling small enterprise
or tending toward monopoly or the impairment of code wages and
working condiition,. The Code Authority shall within 5 days afford
an opportunity to the member filing the price to answer such com-
plaint and shall within 14 days make a ruling or adj.u-tlnint thereon.
If such ruling is not concurred in by either party to the complaint,
all papers -I:hll be referred to the Research and Planning Division
of N. R. A. which shall render a report and recommendation thereon
to the Board.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that cn ii.sideation
should be given to costs in the determination of pricing policies.
(c) When an 'lemergteny exists as to any given product, sale below
the stated mnininum price of such product, in violation of Section 6
hereof, is forbidden.
SECTION 6.-(a) If the Board after investigation shall at any time
find both (1) that an emergency has arisen within the industry ad-
versely affecting small enterprises or wages or labor conditions, or
tending toward monopoly or other acute conditions which tend to de-
feat the purposes of the Act: and (2) that the determination of the
state minimum price for a spe cified product within the industry for
a limited period is necessary to mitigate the conditions constituting
such emergency and to eff.ectiate the purposes of the Act, the Code
Authority may cause an impartial agency to investigate costs and to
recommend to the Board a determination of the stated minimum
price of the product affected by the elimrgenhy and thereupon the
Board may pro irel to determine suic stated minimum price.
(b) When the Board shall have d.eternlilned such stated minimum
price for a specified product for a stated period which price shall
be rea;-.1aiibly calculated to mitigate the conditions of such emer-
gen,,cy and to effet naate the purposes of the National Industrial Re-
covery Act, it shall publish isu(ch price. Thereafter, during such
stated period, no member of the indu-try shall sell such specified
products at a net realized price below said stated minimum price
and any such sale shall be deemed de-tructive price cutting. From
time to time, the Code Authority my reco(,nmiend review or recon-
sideration or the Board may cause any determinations hereunder to
be reviewed or reconsidered and appropriate a_(tion taken.
SECTION 7. The Code Authority shall ca use to be form uln ted meth-
ods of cost finding and amounting capable of use by all nmemllbers'
of the Industry, and shall submit such methods to the National
Industrial Recovery Board for review. If approved by the Board,
full information concerning such methods shall be made available
to all members of the Industry. Thereafter, each member of the
Industry -hall utilize such methods to the extent found practicable.
Nothing herein contained shall be construed to permit the Code

Authority, any agent thereof, or any member of the Industry to
suggest. uniform a Id it ions, percet-'itages, or differ t il. or other rui-
form items of costs which are desigind to bring about arbitrary
uniformity of costs or prices.

A ricL IX--M( ,IFIc.nt Nx

SECTION 1. This Code and all the provisions thereof are expre'--ly
.made subject to the right of the President, in accordance with the
provisions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule or regula-
tion issued under Title I of said Act.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Board
and such notice and hearing as it shall specify, and to be',.'nmo
effective on approval.


No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practice-., or to eliminate, loppire -, or discrimi-
nate against .small enterprises.

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of conlsummin tion if prices of goods and
services increase as rapidly as wages, it is recognized that price
increases except such as may be required to meet individual cost
should be .delayed, and when made such increases should, so far as
possible, be limited to actual additional increases in the seller's costs.


This Code shall become effective on the second Monday after its
approval by the National Industrial Recovery Board.
Ap'provel Code No. 537.
Registry No. 1604-02.


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