Code of fair competition for the bedding manufacturing industry as approved on January 23, 1934

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Title:
Code of fair competition for the bedding manufacturing industry as approved on January 23, 1934
Portion of title:
Bedding manufacturing industry
Physical Description:
p. 311-330 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
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Subjects / Keywords:
Bedding industry -- Law and legislation -- United States   ( lcsh )
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federal government publication   ( marcgt )
non-fiction   ( marcgt )

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General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1607-1-01."
General Note:
"Approved Code No. 219."

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University of Florida
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All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647995211
ocn647995211
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AA00009938:00001


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NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION

FOR THE

BEDDING

MANUFACTURING INDUSTRY

AS APPROVED ON JANUARY 23, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934


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


Approved Code No. 219


Registry No. 1607-1-01




















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.
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 Commerce Building.
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Jacksonville, Fla.: Chamber of Commerce Building.
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New York, N.Y.: 734 Customhouse.
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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. 219


CODE OF FAIR COMPETITION
FOR THE
BEDDING MANUFACTURING INDUSTRY

As Approved on January 23, 1934






ORDER
APPROVING CODE OF FAIR COMPETITION
FOR THE
BEDDING MANUFACTURING INDUSTRY

An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of a Code
of Fair Competition for the Bedding Manufacturing Industry, and
hearings 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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses 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,
Administrator for Industrial Recovery.
Approval Recommended.
W. A. HAPI~.IMAN
Division A m.inistrator.
WVASHINGTON, D.C.,
January 23, 1934.


(311)


35259---313-109----34













The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the Bed-
ding Manufacturing Industry as revised after a public hearing held
on November 9, 1933, in accordance with the provisions of the
National Industrial Recovery Act.
LABOR PROVISIONS

Provision is made for a forty-hour week, except that employees
may work 48 hours a week during any eight (8) weeks in any six (6)
months' period. Exceptions are provided for travelling salesmen,
employees engaged in emergency maintenance or emergency repair
work, and for persons employed in a managerial, supervisory, or
executive capacity who earn not less than thirty-five ($35.00) dollars
a week. A tolerance of 10% is permitted for firemen, engineers,
truck drivers, and shipping crews. Watchmen may be permitted to
work no more than an average of forty-eight hours a week and in no
week over fifty-six hours.
No employee shall receive a lesser wage rate than is required to
provide the same earnings for forty hours of labor per week as was
received for that class of work for the longer work week prevailing
prior to June 1, 1933. A minimum rate of thirty-five (350) cents
per hour is provided for employees in the North and thirty (300)
cents per hour for employees in the South. Apprentices, who may
be employed for a period of not more than ninety days, shall receive
not less than 80%c of the minimum, and the number of apprentices
shall at no time exceed 5% of the total employees. No employee
may serve more than one apprenticeship in the industry. Persons
whose earning capacity is limited because of age or physical or men-
tal handicap may be employed on light work at wages lower than the
minimum, provided the employer obtains from a state authority a
certificate authorizing such employment.
No person under the age of 16 years may be employed in the
industry, nor anyone under the age of 21 years at operations or
occupations hazardous in nature or detrimental to health. The
provisions of Section 7 (a) of Title I of the Act are included. It
is provided that within each State the Code shall not supersede any
laws of the State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general working conditions than under the Code. Employ-
ers may not reclassify employees or duties of occupations so as to
defeat the purposes of the Act. Employers must post complete
copies of the Code in conspicuous places accessible to employees.
All labor provisions of this Code are made subject to review by
the Administrator and modification after July 1, 1934.
(312)






313


ECONOMIC EFFECT OF THE CODE
According to the report of the Division of Economic Research
and Planning, the weighted average of hours of work by employees
in the Bedding Manufacturing Industry in 1929 was 49.3 hours a
week. However, it was frequently the practice in that year to
work employees as many as 60 to 72 hours a week, and even during
the dull season as many as 45 hours a week. As a result of the
40-hour week provision in the code, members of the Industry esti-
mate that the Industry will reemploy all of its workers based on
1929 employment figures and probably as many as from 7 to 10%
more than were employed during the peak of 1929. Employment in
the Industry on June 1, 1933, was approximately 21% less than
employment during the peak of 1929. The total increase in employ-
ment in the Industry because of the provisions of the Code will
be from 28 to 31% over the employment on June 1, 1933. As a
result of this Code, minimum wages in the Southern territory will
be approximately double the minimum rates which were paid on
June 1, 1933. In the North, the average wage increase to employees
receiving the minimum will be nearly 50%. Employers estimate
that their total payrolls will be increased by from 60 to 120%, not
only because of the increase in the minimum rate and a reduction in
the hours of employment, but also because of the provision that no
employee may receive less for the 40-hour week than he received
for the longer week prevailing before June 1, 1933.

FINDINGS
The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings 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
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
dustry 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 eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent 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-






314

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 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, I have approved this Code.
Respectfully,
HUGH S. JOHNSON,
A administrator.
JANUARY 23, 1934.











CODE OF FAIR COMPETITION


FOR THE
BEDDING MANUFACTURING INDUSTRY


ARTICLE I-PURPOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as the Code
of Fair Competition for the Bedding Industry and shall be the
standard of fair competition for such industry and shall be binding
upon every member thereof.

ARTICLE II-DEFINITIONS
1. The term "industry as used herein, includes the manufacture,
remaking, repairing, or renovating of mattresses, pillows, box
springs, studio couches (the principal components of which are
springs, mattresses, and pillows), metal beds, metal and wood cribs
and cots, metal bed springs, and gliders; provided, however, that
this definition shall not include any retail furniture or department
store which, incidental to the operation of such business, repairs, re-
makes, or renovates for customers a bedding product previously
sold by such store to such customer; provided further, that organi-
zations or groups of manufacturers representing branches or sub-
divisions thereof may become parties to or be exempted from this
Code on approval by the Administrator.
2. The term "bedding" as used herein includes the products
stated above.
3. The term employee" as used herein, includes anyone engaged
in the industry except a member of the industry in any capacity
receiving compensation for his services, irrespective of the nature
or method of payment of such compensation.
4. The term employer as used herein includes anyone by whom
such employee is compensated or employed.
5. The term "member of the industry" as used herein includes
anyone engaged in the industry as above defined, either as an
employer or on his own behalf.
6. The "South" as used herein includes the following States:
Virginia, West Virginia, North Carolina, South Carolina, Georgia,
Florida, Kentucky, Maryland, District of Columbia, Tennessee, Ala-
bama, Mississippi, Arkansas, Louisiana, Texas, and Oklahoma. The
North" includes the remaining States of the United States.
7. The terms "President ", "Act ", and "Administrator", as used
herein, shall mean respectively the President of the United States,
Title I of the National Industrial Recovery Act, and the Administra-
tor for Industrial Recovery.
(315)






316

ARTICLE IIII-Houis
I. No employee shall be permitted to work in excess of 40 hours
per week except that any employee may work 48 hours a week dur-
ing any 8 weeks in each six months' period. The aforesaid maximum
hours are subject to the following exceptions:
(a) The provisions of this Article shall not apply to travelling
salesmen, or to employees engaged in emergency maintenance or
emergency repair work, or to persons employed in a managerial,
supervisory, or executive capacity who earn not less than thirty-five
dollars ($35.00) per week. (b) A tolerance of 10% upon the hours
specified above is permitted for firemen, engineers, truck drivers, and
shipping crews. (c) Watchmen shall not be permitted to work more
than an average of 48 hours a week over a two weeks' period, and in
no week over 56 hours.
ARTICLE IV--WAGES

1. No employee shall receive a lesser rate than is required to pro-
vide the same earnings for 40 hours of labor per week as was re-
ceived for that class of work for the longer work week prevailing
prior to June 1, 1933; provided, however, that no factory employee,
whether remuneration is based upon an hourly or piecework or incen-
tive plan, shall receive less than a minimum of thirty cents per hour
in the South, and thirty-five cents per hour in the North; and fur-
ther providing that all other employees whose remuneration is based
upon a weekly or monthly rate shall receive not less than a minimum
of $15.00 per week.
The above minimum wages shall not in any way be considered as
a discrimination by reason of sex and where in any case women do
substantially the same work or perform substantially the same duties
as men they shall receive the same rate of wage as men receive for
doing such work or performing such duties.
2. Apprentices without previous experience in bedding work may
be employed at a minimum wage of 80% of the above requirements
for a period of not more than ninety days; provided, however, the
number of such beginners employed by a member of the industry
shall at no time exceed 5% of his total employees; provided further,
no employee may serve in the bedding industry more than one
apprenticeship within the above provisions.
3. 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 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 with the Code Authority a list of all such
persons employed by him.
A. Any member of the industry who does substantially the same
work performed by any employee of the industry, shall be subject
to all of the hour and wage provisions of Articles III and IV hereof.






317


ARTICLE V-GENERAL LABOR PROVISIONS
1. No person under 16 years of age shall be employed in the indus-
try, nor anyone under 21 years of age at operations or occupations
hazardous in nature or detrimental to health. The Code Authority
shall submit to the Administrator a list of such occupations within
30 days after the effective date hereof. In any State an employer
shall be deemed to have complied with this provision if he shall have
on file a certificate 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.
2. Employees shall have the right to organize and bargain collec-
tively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of emplo)hve-r of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purp,-e
of collective bargaining or other mutual aid or protection.
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 joiining, organizing, or assisting a labor organization of his own
choosing, anil
4. Employers shall comply with the mnaximumn hours of labor,
minimum rates of pay. and other conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employers
regulating the age of employees, wages, hours of work, or health,
fire, or general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-
tions performed by employees so as to defeat the purposes of the Act.
7. All employers shall post complete copies of this Code in con-
spicuous places accessible to employees.
8. For the general protection of all employees as well as those
engaged in renovating used materials, every employer shall make
reasonable provision for the safety and health of his employees at
the place and during the hours of their employment. Standards
for safety and health shall be submitted by the Code Authority to
the Administrator for approval within six months after the effective
date of this Code.
A. The provisions of Articles III, IV, IV (a), and V are subject
to the Administrator's review and modification after July 1, 1934,
on such showing of facts as he may require and after reasonable
opportunity for the Code Authority to be heard.

ARTICLE VI-ADMINISTRATION
1. To further effectuate the policies of the Act, tae Board of Trus-
tees of the National Association of Bedding Manufacturers is hereby
designated the Code Authority to administer, supervise, and promote
the performance of the provisions of this Code by members of the
industry and to cooperate with the Administrator.
35259--313-100--34--2






318


2. Any bedding manufacturer is entitled to membership in the
Association and to participate in the selection of members of the
Code Authority by assenting to and complying with the requirements
of this Code. Each member of the Association shall pay his propor-
tionate share of the expenses of the preparation and administration
of this Code. Such costs and expenses shall be defrayed as follows:
Until December 31, 1934, each member shall pay to the Association
on an annual basis the sum of five dollars, plus an amount equal to
1. 20 of 1co of such wedding manufacturer's 1931 total sales, and for
each calendar year thereafter the same percentage of the total sales
of smch manufacturer for the previous calendar year. In the event
that such payments shall not raise a sum sufficient to meet the fore-
going purposes, the Code Authority shall have power to levy an
assessment, on all members, based upon sales volume as aforesaid for
the amount required. These payments and assessments shall be
subject to change at the requirement of the Administrator.
Each bedding manufacturer who is not a member of the Associa-
tion shall pay a sum representing his proportionate share of the
expenses of the administration of this Code upon the same basis,
and at the same times, and shall make the same reports, as are
required to be made by members of the Association.
It is expressly understood that the income of the Association de-
rived from such payments or assessments shall be used by the Code
Authority exclusively for the purposes hereinabove set forth.
No bedding manufacturer who does not assent to the provisions of
this Code shall have any right to participate either in the benefits of
the Association or the selection of members of the Code Authority.
3. The Code Authority may appoint such agents or special or gen-
eral committees from among the members of the Association for the
purposes of this Code as it may decide, subject to such regulations
as the Administrator may require. The Government is to be repre-
sented on the Code Authority by one to three members without vote
and without expense to the industry to be appointed by the Admin-
istrator for terms of from six months to one year, the terms of
appointment to be arranged so that they do not expire at the same
time.
4. In order that the Association shall at all times be truly repre-
sentative of the industry and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may deem proper, and thereafter, if he shall find that the
Association is not truly representative, or does not in other respects
comply with the provisions of the Act, the Administrator may re-
quire a modification in method of selection of members of the Code
Authority.
5. (a) For the administration of this Code the bedding industry
of the country shall be divided into zones, districts, and regions long
established by the industry through the Better Bedding Alliance of
America, based upon commercial centers, competitive characteris-
tics, and living and working conditions. These zones are for refer-
ence shown as Exhibit "A" attached hereto. Districts and regions
are as shown in the Bylaws of the As-ociation. The boundari.'- of
the zones, regions, and districts may from time to time be changed
or modified by the Code Authority.






819


(b) There shall be a National Board of Zone Directors and, for
the pillow division and the glider division, respectively, National
Boards of District Chairmen. These Boards shall make such recom-
mendations as they deem advisable to the Code Authority, including
amendments to this Code.
If any recommendation of the Board of Zone Directors or of the
Boards of District Chairmen concerning amnendents to this Code,
is disapproved or modified by the Code Authority, such original rec-
omnnendation shall be referred back to the originating Board with
S reasons for disapproval or modification, but if such original recom-
mendation is then passed by a two-thirds vote of the entire Board
of Zone Directors or, with respect to matters relating exclusively to
the Pillow or Glider Divisions, by a four-fifths vote of their respec-
tive Boards of District Chairmen, such action shall be effective and
final the same as if it had the approval of the Code Authority.
Otherwise, the action of the Code Authority on any such recom-
mendation shall be effective and final.
6. At meetings of such National Boards, each Zone Director or
District Chairmen shall be authorized to act for the members of his
Zone or District, respectively.
7. A Government Contact Committee shall be appointed by the
Code Authority and shall conduct all communications and confer-
ences of the bedding industry with the President, or with his agents,
concerning the approval of this Code or the approval of any amend-
ments thereof.
8. The Board of Zone Directors or the respective Boards of Dis-
trict Chairmen of the pillow or glider divisions, may submit rules
and regulations necessary for the effective administration and en-
forcement of this Code to the Code Authority and upon their adop-
tion and approval by the Code Authority such rules and regulations
shall be submitted to the Administrator for approval.
9. To supply data needed for the administration of this Code, each
member of the industry shall furnish to the Secretary of the Associa-
tion such reports or statistics as may be deemed necessary for that
purpose by the Code Authority or by the Board of Zone Directors or,
with respect to the Pillow or Glider Divisions by their respective
Boards of District Chairmen, such reports at all times to be open to
inspection of the Administrator. All such individual reports or sta-
tistics shall be kept confidential as to source by the Association Sec-
retary, and he shall disclose no source of information without the
consent of the source, except as may be required by the Adminis-
trator.
10. In addition to the information required to be submitted to the
Association, there shall be furnished to the Government agencies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 3 (a) of the Act.
11. Violations and Complaints. (a) The Code Authority shall
appoint a National Grievance Comnnittee of three or more members,
designating one as Chairman, who shall consider in the manner here-
inafter provided, complaints involving claimed violations of any of
the provisions of this Code. No member of the National Grievance
Committee may be a member of either a Zone or Regional Grievance
Committee.






320


(b) Each Regional Coordinator shall appoint from among the
members within his Region a Regional Grievance Committee of
three or more members, and shall designate the Chairman of such
Committee.
(c) Each Zone Director shall appoint from within his Zone, a
Zone Grievance Committee of three or more members, designating
one as Chairman of said Committee.
(d) If any member of the industry shall violate this Code and
should complainant and defendant both be located in the same Zone,
accusation thereof shall be made to the Grievance Committee of that
Zone. The Chairman of the Grievance Committee shall thereupon
call a meeting of said Committee to investigate and consider the
case. If by majority vote they decide that the facts appear to
warrant such action, they shall report their findings to the Regional
Grievance Committee of the Region in which said Zone is located,
for its review. The Regional Committee shall then consider the case
and if by majority vote they find that the facts warrant such action
they may report the facts to the proper government authority for
prosecution.
(e) If any member in one Zone shall have cause of complaint for
violation of this Code against a member of the industry in another
Zone, and should both Zones be located within the same Region, accu-
sation thereof shall be made to the Regional Grievance Committee
of that Region. The Chairman of said Committee shall thereupon
call a meeting of the Committee to investigate and consider the case.
And if by majority vote said Regional Committee finds that the facts
warrant such action, they may report the facts to the proper govern-
ment authority for prosecution.
(f) In case of complainant and defendant hereunder being located
in different Regions, accusation shall be made to the National Griev-
ance Committee. The Chairman thereof shall thereupon call a meet-
ing of the Committee to investigate and consider the case. If by
majority vote they find that the facts warrant such action they may
report the facts to the proper government authority for prosecution.
(g) No member of any Grievance Committee shall sit on a case
in which he is involved. In such case he shall temporarily be re-
placed by a new Grievance Committee member, appointed by the
authority delegated hereunder to appoint the members of such
Grievance Committee.
12. Section 11 of this Article shall not apply to the Pillow Divi-
sion. Complaints of violations within said Division shall be handled
as follows:
(a) Each District Chairman of the Pillow Division shall appoint
two members out of his district, who will serve with him as a com-
mittee of three to hear all complaints of violations of this Code and
if a defendant against whom the complaint is made is deemed to be
guilty of the offense charged, the matter shall be referred to the
National Board of District Chairmen. If the National Board shall
deem the accused guilty, they may report the facts to the proper
government authority for prosecution.
(b) In case one of the members of the Committee is the accused,
a substitute is to be appointed from the membership in that district.






321


This substitute shall be appointed by the two other members of the
Committee.
13. The Code Authority shall have authority to review, disapprove,
or modify if it so decide, the action of any board or committee pro-
vided for in this Code; and any action of the Code Authority shall
be subject to the review and disapproval of the Administrator.
14. Blue Eagle or Other Insignia. Upon assenting to the pro-
visions of this Code and becoming thereby a member of the Asso-
ciation, any member of the industry shall be entitled to display the
Blue Eagle and such official emblem for use after December :1,
1933, as may be then authorized, and, subject to the approval of the
Administrator, together with such official emblem, to display such
authorized insignia of the Association as shall be promulgated and
adopted by the Code Authority thereof. The privilege of using the
Blue Eagle or such official emblem and approved insignia may be
withdrawn and cease or may be suspended in respect of any such
member of the Industry whose operations, after the hearings here-
inabove provided for under terms of this Article before the proper
grievance committee and approval by the Administrator, shall be
found to be in substantial violation of this Code. The Code Au-
thority may establish appropriate rules, regulations, and machinery
for the issuance of labels or other methods of use of such emblem
or insignia in accordance with the foregoing provisions, upon ap-
proval by the Administrator.
The charge made for such label or other insignia by the Code
Authority shall at all times be subject-to supervision and orders of
the Administrator and shall be not more than an amount necessary
to cover the actual reasonable cost thereof, including actual print.-
ing, distribution, and administration and supervision of the use
thereof as hereinabove set forth.
ARTICLE VII-TRADE PRACTICES
The following rules set forth below in Part One of this. Article
shall apply from the effective date of this Code to all members of the
industry and any infraction thereof shall constitute an unfair method
of competition and may serve as the basis of complaint before the
appropriate grievance committee as hereinbefore provided:
PART ONE
1. Second-Hand Material.-No member of the industry shall use
second-hand or previously used material in the manufacture of bed-
ding. Renovate and repair work on bedding not for resale is per-
mitted, but if on such work added material is needed, such added
material shall not contain any previously used material.
The terms second-hand or previously used" material as used
herein mean (a) any material which has been used in the manufac-
ture of another article or used for any other purpose; (b) any
material made into thread, yarn, or fabric, and subsequently torn,
shredded, picked apart, or otherwise disintegrterted. (They do not
include metals re-rolled under "white-heat" or byproducts obtained
from the machining of new cotton.)






322


Any member of the industry who receives bedding for renovation
or repair shall keep attached thereto from the time received, a tag
on which is legibly written the date of receipt and the name and
address of the owner thereof.
2. Inspection.-To insure proper labeling of products, every place
where bedding is made, remade, renovated, or sold by a member of
the industry shall be subject to inspection by inspectors authorized
by the Code Authority, and each member of the industry shall freely
'permit such inspection.
When such inspector has evidence for belief that said bedding is
not tagged as required hereunder, he shall have authority to open a
seam of such bedding to examine the filling; and he shall have power
to seize and hold for evidence any such bedding possessed or offered
for sale which is improperly and untruthfully labelled.
3. Tagging.-No member of the industry shall sell a mattress, pil-
low, box spring, glider, or' studio couch to which is not securely sewn
hy' at least one edge a cloth or cloth-backed tag at least 2 x 3 inches
in size; and upon said tag shall be legibly stamped or printed in Eng-
lish on the face of said tag (a) the name of the materials used to fill
such bedding; (b) the name and address of the maker or vendor of
the bedding; (c) in letters at least one eighth inch high, the words
Remade or Renovated Bedding if such bedding has been remade,
renovated, or repaired and is not to be resold; or the word Second-
hand if such bedding has been used but not remade.
Nothing likely to mislead shall appear on said tag and it shall con-
tain all statements required hereunderr, and shall be sewed to the
outside covering of every article of such bedding before the filling is
in' erted.
The name "felt" shall not be used unless the material described
has been carded in layers by a garnett machine.
4. Pillow Labelling R ules.-The following description rules shall
apply to the tagging of pillows, feathers, or down:
(a) Feather mixtures shall be designated by the name, character,
nd percentage by weight of each material used, or the entire mix-
ture shall be designated by the name of the lowest grade'of material
used (for example-Filling is goose and duck feathers. This mix-
ture shall be designated as goose and duck feathers and the percentage
of each stated on the tag, or the entire mixture shall be designated
as duck feathers). The term "goose feathers" or "duck feathers"
does not include curled goose quills or curled duck quills. Duck- and
chicken-feather or goose- and chicken-feather mixtures shall be so
designated and the percentage by weight of each stated on the tag,
Scr the entire mixture shall be designated as chicken feathers.
(b) Material other than down, separated from feathers without
the whole or a part of the quill or stem attached, shall be designated
"Feather Fiber" regardless of the fowl from which it came, except
that down filaments separated from the down cluster shall be desig-
i nated as Down."
(c) Curled or chopped feathers shall be designated by the name
Sof the fowl from which they came, preceded by the word "curled"
or "chopped."
(d) The term "curled may be used only when the name of the
feather is stated. The term curled feathers" shall not be used.






323


(e) The term "down" shall only be u.-d to de.-i,_inate the soft
undercoating of a waterfowl, conllsisting of the light. fully filameniits
grown from one quill point but without any quill shaft. The term
may be used to indicate small niatiiral feathei. which blow over with
the down in the process of separating the down from the feathers;
provided that the proportion of small feathers does not exceed ten
percent by weight. When feathers in excess of ten percent. are
present, the material shall be deemed to be a miixture" and the
name and percentage of each ni;tterial in the mixture shall be stat.I-
on the tag. The term down includes all real downs and it shall
not be necessary to indicate the kind of down but, if indicated on the
tag as a particular kind of down, such as Goose Down", Di;k
Down ", Eider Down ', etc., the material shall be as staied.
(f) The addition to down of feather fibre. manufactured down ",
fake down ", or any other deliberate adulteration shall not lbe
permitted unless the name and percentage of the adulterant material
is stated on the tag.
(g) Except as otherwise provided, where there is more than one
material in a mixture used for filling, the name and percentage of
each material shall be stated on the tag, but to allow for uninten-
tional variations in mixtures, a variation not in excess of ten percent
from the amount stated on the tag shall not be considered as
misleading.
(Wherein a provision of the foregoing Sections 1 to 4, inclusive,
is irreconciliably in conflict with a State statute, such statute shall
supersede within such State. It is the intent herein to preserve and
supplement state bedding laws.)
5. Glider Tagg;ing.-Each glider shipped shall bear a tag con-
spicuously placed on which shall be legibly printed: "Glider covers
are not guaranteed by the manufacturer to be fade-proof, water-
proof, or crack-proof." Provided, however, that if and when a
glider manufacturer submits to the Code Authority reasonable proof
that a particular covering is in fact fade-proof or water-proof or
crack-proof, the aforesaid label may in such case be appropriately
altered, upon approval of the Code Authority.
6. Inaccurate Lab)ling.-No member of the industry shall brand
or mark or pack any goods in any manner which is intended to or
does deceive or mislead purchasers with respect to the brand, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material, content, or preparation of such goods.
7. Inaccurate Rcft:,' ne:.-s. to C6cl,petifors.-No member of the in-
dustry shall publish advertising or make any statement which refers
inaccurately in any material particular to any competitors or their
goods, prices, values, credit terms, policies, or service.
8. Testimonials.-The obtaining and using of false and misleading
testimonials is an unfair trade practice. Any testimonial used must
be used in the manner and form as prescribed by the Federal Trade
Commission.
9. Si'ingl0i on Con o.int/, i(,in'.-No member of the industry shall ship
goods on consignment (oir approval) except under circumstances to
be hereafter defined by thle Code Authority where. peculiar circum-
stances of the industry require the practice.






324


10. Commercial Espionage.-Commercial espionage as defined and
exemplified in the rulings and decisions of the Federal Trade Com-
mission, in any form, is an unfair trade practice.
11. Inaccurate Advertising.-No member of the industry shall
publish advertising (whether printed, radio, display, or of any other
nature), which is misleading or inaccurate in any material particu-
lar, nor shall any such member in any way misrepresent any goods
(including, but without limitation, its use, trade-mark, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material, content, or preparation) or credit terms, values, policies,
services, or the nature or form of the business conducted.
12. Threats of Law, Suits.-No member of the industry shall pub-
lish or circulate unjustified or unwarranted threats of legal pro-
ceedings which tend to or have the effect of harassing competitors
or intimidating their customers. Failure to prosecute in due course
shall be evidence that any such threat is unwarranted or unjustified.
13. Fals.e Inl oicing.-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.
All sales shall be invoiced at the time of shipment, and records
pertaining to such sales shall clearly and accurately state all the
essential elements of the sale. Failure to comply with these pro-
visions is an unfair trade practice.
14. Free Goods.-No salable merchandise rhay be delivered or
given to a customer or to a consumer (except to a bona fide charity)
without full and proper charge for same, and such charitable gifts
shall be reported to the Association Secretary within 48 hours.
Such reports may be given to interested members of the industry.
15. Spiffs (Commercial Bribr-y).-No member of the industry
shall loan, give, permit to be given or loaned, or directly offer to
loan or give, anything of value for the purpose of influencing or
rewarding the action of any employee, 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; nor shall
such member permit such actions through or by his salesman. 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 herein-
above defined.
16. Bo-ius to Prom-ote Sale of Bedding.-In order to promote the
sale of better bedding, a bonus may be allowed on products of the
industry by the manufacturer thereof to the dealer, provided such
dealer contracts with the manufacturer in writing to pay such bonus
as an extra incentive to his salesmen as heretofore practiced in the
industry and until terms, regulations, and conditions shall be here-
Lfter promulgated by the Code Authority with the approval of the
Administrator.
17. Comparison of Values.-A bedding manufacturer may not at-
tach to his product any label bearing a retail value, price, or dollar
mark more than one hundred twenty-five percent above the price at
which the manufacturer has sold the goods to the dealer, based on





325


the manufacturer's 1.c.l. price f.o.b. factory or warehouse, as the case
may be; and in case of sale to a jobber, before deducting jobber's
discount. A value, price, or dollar comparison of over one hundred
twenty-five percent above the manufacturer's price to the dealer may
not be put on any display signs, advertising signs, or other material
which is paid for by the manufacturer.
18. Samples.-Regular selling prices must be charged on full-
sized (or standard-sized) finished products for display purposes. No
credit can be given for the return of samples, including floor sam-
ples. This applies only to samples submitted by a manufacturer
to a dealer in bedding, and not to samples submitted for contract
sales.
19. Returns and Allowances.-No member of the industry, except
in the exercise of right arising from breach of contract, will be per-
mitted to accept the return of merchandise, for credit, exchange, or
otherwise, except where claim has been made to the dealer, within
six months after shipment by the dealer, and then only where a
defect in material or workmanship, caused by the manufacturer, has
been proved, except where permitted by clauses under Guarantees ",
and only to the extent there permitted.
20. Interererence uith Co-tract.-No member of the industry shall
knowingly attempt to induce the breach of an existing contract be-
tween a competitor and his employee or customer or source of sup-
ply; nor shall any such member interfere with or obstruct the per-
formance of such contractual duties or services.
21. Breach of Contract.-It shall be an unfair trade practice for
a bedding manufacturer to repudiate any order or contract covering
any of his purchases.
22. Antic;patio n.-Granting of extra discount or interest for
anticipation of proper payment date shall not be allowed.
23. Terms.-Net terms are not to exceed 60 days from date of
shipment.
24. Cash Discount.-Cash discount shall not exceed 2% and shall
not be granted where payment is made after 30 days or 2% 10th
prox. from date of invoice. Cash discount may only be earned by
payment in cash, not in trade acceptance, notes, or otherwise.
25. Retroactive Quantity Discounts.-To grant a discount or re-
bate based on cumulative quantities purchased over a given period is
an unfair-trade practice.
26. Rebates.-The giving, at any time, of any rebate or allowance
other than as shown on a manufacturer's invoice is prohibited,
whether in money or otherwise, except as otherwise specifically
described and permitted in this Code.
27. Postdating and Predating.-Postdating or predating quota-
tions, orders, invoices, statements, or other sales documents (usually
done for the purpose of facilitating unfair competition) is an unfair
trade practice, except that on gliders, April 1st dating, may be
granted on shipments made in January, February, and March of the
same year.
28. Group Sales.-To offer purchasers or prospective purchasers a
group of products for a lump sum, but in which one or more of the
items have ostensibly been reduced in price, while another item or






326


items have been increased in price, with the purpose or effect of
deceiving prospective purchasers or injuring competitors, is an
unfair-trade practice.
29. Trade Acceptances and Notes.-It will be considered unfair
for a bedding manufacturer to accept a trade acceptance or a note in
settlement of any account due, unless such acceptance or note bears a
rate of interest of not less than 6% per annum.
30. Guarantee Against Decline.-Effective January 1, 1934, to
guarantee merchandise against decline of price is an unfair-trade
practice.
31. Guarantee Against Ad-,vance.-To guarantee any purchaser or
prospective purchaser against advance in price is an unfair trade
practice, provided, however, that this shall not apply against a bona
fide order or contract covering a definite quantity and specifications
for future delivery.
32. Malfeasance by Jobbers.-Since a substantial majority of the
products of the industry are sold direct by the manufacturer to
dealers, and since the purpose and effect of this Code of Fair Trade
Practices would be otherwise defeated, it shall be an unfair method
of competition for any member of the industry to sell his products
to a middleman standing between the manufacturer and the dealer
while sales practices condemned by this Code are used by such
middleman with the knowledge of such manufacturer. This shall
not be construed to require agreements to maintain resale prices.

PART TWO
The following rules set forth under Part Two of this Article
shall apply to all members of the industry from the effective date
of this Code and any infraction thereof shall constitute an unfair
method of competition and may serve as the basis of complaint
before the appropriate grievance committee as hereinbefore pro-
vided, but at any time subsequent to the approval of this Code, the
following rules shall be subject to review by the Administrator, and
after reasonable notice and opportunity for hearing given by him
to the Code Authority, he may, at his discretion affirm, or disapprove
any of said rules or may accept a modification thereof proposed by
the Code Authority.
1. Guarantees.-No bedding manufacturer shall make any guaran-
tee except that he may guarantee the contents to be as described by
him, and he may guarantee the product against defects of material
and workmanship for a period not to exceed six months from date of
delivery to the ultimate consumer; except that the manufacturer
may guarantee any mattress or boxspring sold on his I.c.l. or ware-
house price list for not less than $14.50, for a period of not more
than two years, during which period the manufacturer may repair
same without charge, but after which time a repair charge must be
made at actual cost but not over the rate of 20% of the manufacturer's
l.c.1. or warehouse price list for each year the article has been in use,
and the manufacturer may guarantee any mattress or boxspring
selling on his I.c.l. or warehouse price list for not less than $19.00
for a period of not more than five years, during which period the
manufacturer may repair same without charge; such article may be






327


replaced during the five-year period at actual cost but not over a
charge of $3.00 per year of usage.
Provided, however, that the Code Authority may change any of
the aforesaid prices of products to which guarantees apply in the
event that changing market conditions warrant such action in the
discretion of the Code Authority. Nothing herein shall be con-
strued to relieve any member of the industry from warranties
implied by law.
2. Advertising or Promotional Allowances.-The giving of an
allowance, rebate, or any credit or other remuneration to a cu4toiiier
for advertising or promoting in any way the sale of a manufacturer's
goods is an unfair trade practice, unless the dealer shall spend at
least an equal amount with the manufacturer, and no sum shall be
paid by the manufacturer except upon the presentation of docu-
mentary proof of the expenditure by the dealer. The documentary
proof submitted by the dealer shall, in all cases, be preserved by the
manufacturer for inspection, as directed by the Code Authority.
Provided further that no allowance, rebate, credit, or other re-
muneration shall be given when, by deducting same from the billing
price of the articles advertised or promoted, it shall bring the net
price charged by the manufacturer below cost.
ARTCrLE VIII-SALES BELOW COST
It is hereby declared to be the policy to be followed by all members
of the industry to refrain from destructive price cutting. It is
agreed to be to the best interests of the consumer, the individual
manufacturer, and also that of his employees, and productive of the
greatest possible economic recovery for all members of the industry
to avoid carefully the destructive economic waste caused by selling
below cost.
The Code Authority may adopt, as soon as practicable, either a
uniform cost accounting system, a reasonable and appropriate system
for the interchange of price lists among members of the industry,
or a system for determining standard minimum costs. The system
so adopted shall be binding on all members of the industry, when
approved by the Administrator. Only a violation of such approved
system shall be basis for complaint to any grievance committee under
this Article.
ARTICLE IX-MODIFICATION
1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions 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, and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any con-
ditions imposed by him upon his approval thereof.
2. This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modifications to be based upon application to the Administra-
tor and such notice and hearing as he shall specify, and to become
effective on approval of the President.






328


ARTICLE X--MONOPOLIES, ETC.
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.

ARTICLE XI-SPECIAL AGREEMENTS
Reasonable notice of the submission of any agreement authorized
to be submitted to the President by virtue and under authority of
Section 4 (a) of the Act shall be given to the Code Authority by
any member of the industry who proposes to make such agreement.

ARTICLE XII-CODE CONFLICTS
Wherein this Code may be in conflict with a Code of another in-
dustry, the products of which are made by a bedding manufacturer,
and should such conflict impose a hardship on such manufacturer,
the latter shall report the matter to the Code Authority for such
adjustment of this Code or such other action as the said Board may
see fit, subject to the approval of the Administrator.

ARTICLE XIII-NONPARTN ERS
Nothing contained in this Code shall constitute the members of the
Code Authority or of this Association partners for any purpose.
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
willful misfeasance or nonfeasance.

ARTICLE XIV-PRICE INCREASES
Whereas the policy of the Act to increase real purchasing power
will be made impossible of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases should be delayed and that, when made, the same should, so
far as reasonably possible, be limited to actual increases in the seller's
costs.
ARTICLE XV-EFFECTVE DATE
This Code shall become effective on the first Monday after its
approval by the President.
Approved Code No. 219.
Registry No. 1607-1-01.














BEDDING INDUSTRY CODE--EXHIBIT "A"


EXPLANATION OF ARTICLE VI, SECTION 5 (A) ZONES

(aa) These Zones, as established at present and subject to such later revision
as the Code Authority may deem necessary, shall be:
The New England Zone shall include the States of Maine, New Hampshire,
Vermont, Rhode Island, Massachusetts, and Connecticut.
The Metropolitan New York Zone shall include Long Island and the cities of
New York and Brooklyn and all territory in the area bounded on the east by
Long Island Sound, on the North by a line drawn from Connecticut border at
Golden's Bridge westward through Summitsville,, N.Y., to East Branch, N.Y.,
and on the west by a line drawn southward from East Branch along the
Pennsylvania-New Jersey border to Stockton, N.J., and on the south by a line
drawn from Stockton eastward through Spotswood, N.J., to the Atlantic Ocean
at Seabright, N.J.
The Eastern New York Zone shall include all of the state of New York lying
south of the Canadian border and east of a line drawn from Fair Haven, N.Y.,
southward through Ovid and Watkins to Elmira, N.Y., except that portion
already included in the Metropolitan New York Zone.
The Western New York Zone shall include all of the state of New York not
included in the Eastern New York Zone and the Metropolitan New York Zone.
The Eastern Pon.nisylvania Zone shall include the District of Columbia and
the States of Maryland and Delaware and that portion of New Jersey lying
south of the southern boundary of the Metropolitan New York Zone and that
portion of Pennsylvania lying west of the western boundary of the Metropolitan
New York Zone and east of a line drawn from Elmira, N.Y., southward through
New Berlin, Pa., to the Mar3land border at Round Top, Pa.
The Western Pennsylvan ia Zone shall include all the State of Pennsylvania
not included in the Eastern Pennsylvania Zone and that portion of West
Virginia lying north of a line drawn from the extreme southwest tip of Pennsyl-
vania northwestward to Moundsville, W.Va.
The North Carolina and Virginia Zones shall include the states of North
Carolina and Virginia.
The Southeastern Zone shall include the states of South Carolina, Georgia,
Alabama, and Florida.
The Memphis Zone shall include the states of Louisiana, Mississippi, and
that portion of the state of Tennessee lying west of a line drawn south from
Cedar Hill, Tennessee, through Kleburne Junction to Prospect Station, Ten-
nessee.
The Southern Ohio Zone shall include the state of Kentucky, that portion of
the state of Tenmessee which is not included in the Mississippi Zone and that
portion of the state of Ohio lying east of the state of Indiana and south of a
line from Lewisburg. Ohio, eastward to and including the city of Dayton, and
west of a line drawn from Dayton, southward to Manchester, Ohio.
The Northern Ohio Zone shall include that portion of the State of Ohio not
included in the Southern Ohio Zone and that portion of West Virginia not
included in the Western Pennsylvania Zone.
The Indiana Zone shall include all of the state of Indiana except the ex-
treme northwestern tip lying north and west of a line drawn from the Illinois
border at Momence, Illinois, northeastward through Hobart to New Buffalo,
Michigan.
The Northern Illinois Zone shall include that portion of the State of Indiana
not included in the Indiana Zone and that portion of the State of Illinois
lying east of a line drawn from Lake Michigan at the Illinois-Wisconsin
border southwestward to West Chicago and southeastward to the Indiana
border at Momence, Illinois.
The Central Illinois Zone shall include all of the State of Illinois lying north
of a line drawn from the Misissiiplpi River just below Quincy, eastward through
Towersville and Marshall to the Indiana border, except that portion of Illinois
included in the Northern Illinois Zone.
(329)







330

The Detroit Zone shall include the cities of Detroit and Hamtramck,
Michigan.
The Michigan Zone shall include all of the state of Michigan except the
cities of Detroit and Hamtramck and that portion of the Upper Peninsula
lying west of a line drawn directly south from Grand Marais to Pt. Seul
Choix.
The Wisconsin Zone shall include that portion of the Upper Peninsula of
Michigan not included in the Michigan Zone and all of the state of Wisconsin
except that portion lying west of a line drawn from Saxon, Wisconsin, south-
ward through Iugram, Stanley, and White Hall to the Minnesota border at
E. Winona, Wisconsin.
The Minnesota Zone shall include that portion of the State of Wisconsin
not included in the Wisconsin Zone, the states of Minnesota, North Dakota,
and South Dakota, that portion of the State of Montana lying east of a line
drawn from Many Glaciers, Montana, southeastward through Simmis and
Leadboro to Bear Creek, Montana; and all of the State of Nebraska, except
that portion lying east of a line drawn from the South Dakota-Nebraska
border at Wynot, Nebraska, directly southward through Rogers to the Kansas
border at Steele City, Nebraska.
The Iowa Zone shall include the State of Iowa and that portion of Nebraska
not included in the Minnesota Zone.
The Missouri Zone shall include that portion of Illinois not included in the
Central and Northern Illinois Zones and all of the State of Missouri lying east
of a line drawn from the Iowa border at Howland, Missouri, southward through
Booneville to the Arkansas border at Pontiac, Missouri.
The Kansas Zone shall include the State of Kansas and that portion of the
State of Missouri not included in the Missouri Zone.
The Arkansas Zone shall include the State of Arkansas.
The Oklahoma Zone shall include the State of Oklahoma.
The Texas Zone shall include all of the State of Texas south of Oklahoma,
east of Mexico, and east of a line drawn from the Mexican border at Del Rio
northward through Robert Lee and Guthrie to the southwest tip of Oklahoma.
The Denver Zone shall include that portion of the State of Texas not included
in the Texas Zone, the States of New Mexico and Colorado, and all of the
State of Wyoming except the portion lying west of a line drawn from the
Montana border at Chance, Montana, southward through Leekie, Wyoming, to
the northwestern tip of the State of Colorado.
The Utah Zone shall include that portion of the State of Wyoming not in-
cluded in the Denver Zone; that portion of the State of Idaho lying south of a
line drawn from the northwest tip of Wyoming eastward through Gillmore and
Cambridge, Idaho, to the Oregon border at Buchan, Oregon; the State of
Utah; that portion of the State of Nevada lying south of Idaho and east of a line
drawn from the southwest tip of Idaho southward through Nelson and Austin,
Nevada, to the California border at Mud Spring; and all of the State of Arizona
except the portion lying south and west of a line drawn from the southeastern
tip of Arizona northwestward through Camp McDowell Indian Reservation to
the southeastern tip of Nevada.
The Northern Pacific Zone shall include the States of Oregon and Washing-
ton, that portion of Idaho not included in the Utah Zone, and that portion of
Montana not included in the Minnesota Zone.
The Central Pacific Zone shall include that portion of the State of Nevada not
included in the Utah Zone and that portion of the State of California lying
north of a line from the Nevada border at Mud Spring, Nevada, westward
through Tarpey, California, and southwestward to the Pacific Ocean at Bryson,
California.
The Soathern Pacifc Zone shall include that portion of the State of California
not included in the Central Pacific Zone and that portion of the State of Arizona
not included in the Utah Zone.







UNIVERSITY OF FLORIDA
3IIIII I I11111 I1262 II I08584 3034
3 1262 08584 3034




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