Code of fair competition for the sanitary milk bottle closure industry as approved on March 26, 1934

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Title:
Code of fair competition for the sanitary milk bottle closure industry as approved on March 26, 1934
Portion of title:
Sanitary milk bottle closure industry
Physical Description:
p. 581-592 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Milk bottles -- Equipment and supplies -- United States   ( lcsh )
Caps and closures   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1608-02B."
General Note:
"Approved Code No. 371."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 647998138
ocn647998138
System ID:
AA00009941:00001


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Full Text


Approved Code No. 371


AS APPROVED ON


Registry No. 1608-02B


VIARCII 12,. 1034





U.1. DEPOraw


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For e by th Superintendent of Documents W hingt D.C Price cent
vor ale by the Superintendent of Documents, Washington, D.C. - Price 5 cent


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE

SANITARY MILK BOTTLE

CLOSURE INDUSTRY






















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.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.









Approved Code No. 371


CODE OF FAIR COMPETITION

FOR THE

SANITARY MILK BOTTLE CLOSURE INDUSTRY

As Approved on March 26, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THE SANITARY MILK
BOTTLE CLOSURE INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Sanitary Milk Bottle Closure 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; provided, how-
ever, that the provisions of Article VI, Sections 2 to 9 inclusive,
insofar as they prescribe a waiting period between the filing with
the Code Authority (i.e. actual receipt by the Code Authority) and
the effective date of revised price lists or revised terms and condi-
tions of sale be and they are hereby stayed pending my further
order; provided further, that within ninety days I may direct that
there b2 a further hearing on such of the provisions of said Code
as I may designate, and that any order which I may make after
such hearing shall have the effect of a condition on the approval
of this Code.
HUGH S. JOHNSON,
Adminiistrator for Industrial Recovery.
Approval recommended:
GEO. L. BERRY,
Division. Administrator.
WASHINGTON, D.C.,
March 26, 1934.


49138"-425-163-34


(581)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report of the hearing on the Code of Fair Com-
petition for the Sanitary Milk Bottle Closure Industry, conducted
in Washington on November 29, 1933, in accordance with the pro-
visions of Title I of the National Industrial Recovery Act.

HOURS AND WAGES
This Code provides a 40 hour week for factory workers with a
weekly tolerance of eight hours to be paid for as overtime, and limit-
ed to 12 weeks per year. The usual exceptions are made in regard
to non-productive employees. Office employees are limited to an
average of 40 hours per week over an eight week period.
The minimum wage rate for hourly paid employees is 40 per hour
for males and 35# per hour for females. Office employees will
receive a minimum wage of $16.00 per week.
OPEN PRICE PLAN
An open price plan of selling is provided, and selling below cost,
except to meet competition, is prohibited.
OTHER PROVISIONS
Provision is made for furnishing the Administrator with such
statistical data as he may require.
ECONOMIC EFFECT OF THE CODE
The Industry employed in 1929 approximately s00 persons and
about the same number in 1933 with an increase of two plants between
the latter year and 1930. To maintain the level of production of
the week of March 18, 1933 when over 35% of the factory employees
worked an average of 45 hours or more the effect of the Code will
be to require 10% more employees.

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 pro-
ceedings 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
(582)






583


commerce which tend to diminish the amount thereof and will
provide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade
groups, by inducing and maintaining united action of labor and
management under adequate governmental sanction and supervision,
by eliminating unfair competitive practices, by promoting the full-
est possible utilization of the present productive capacity of indus-
tries, by avoiding undue restriction of production (except as may be
temporarily required), by increasing the consumption of industrial
and agricultural products through increasing purchasing power,
by reducing and relieving unemployment, by improving standards
of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employes 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
pertinent provisions of said Title of said Act, including without
limitation Subsection (a) of Section 3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
Association is an industrial Association truly representative of the
aforesaid 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 this Code has been approved.
Respectfully,
HUGHI S. JOHNSON,
A administrator.
MARCH 26, 1934.




.: :: ... :....::..







CODE OF FAIR COMPETITION FOR THE SANITARY
MILK BOTTLE CLOSURE INDUSTRY

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following is hereby established as a Code of Fair
Competition for the above named Industry and shall be binding on
every member thereof.

ARTICLE I-DEFrNITIONS

The following words are used in this Code with the meaning
herein set forth:
Industry ": The manufacture of sanitary milk bottle closures,
and including the manufacture, sale or lease, by the manufacturer of
such closures, of machinery for applying same.
Member": A natural person, partnership, corporation, asso-
ciation, trust, trustee, trustee in bankruptcy, receiver, or other form
of enterprise, engaged in such Industry.
"Act ": Title I of the National Industrial Recovery Act.
"Administrator": The Administrator for Industrial Recovery
under Title I in the Act.

ARTICLE II-ORGANIZATION AND ADMINISTRATION

SECTION 1. There shall forthwith be constituted a Code Authority
of the Sanitary Milk Bottle Closure Industry which shall consist of
three (3) persons elected at an Industry meeting called for such pur-
pose within fifteen (15) days after the approval of this Code.
SECTION 2. The Chairman of the Code Committee shall notify all
known members of the Industry of such meeting at least ten (10)
days prior thereto.
SECTION 3. In addition to the membership as provided in Section 1
of this Article, the Administrator may designate one or more persons
to serve on the Code Authority for such term as he may fix. The
person or persons so designated shall have no vote and shall serve
without compensation from the Industry.
SECTION 4. Each trade association directly or indirectly participat-
ing in the selection or activities of the Code Authority shall (1)
impose no inequitable restrictions on membership and (2) submit
to the Administrator true copies of its articles of association, by-laws,
regulations and any amendments when made thereto, together with
such other information as to membership, organization and activities
as the Administrator may deem necessary to effectuate the purposes
of the Act.
SECTION 5. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may prescribe such
(584)






585


hearings as he may deem proper and thereafter, if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority.
SECTION 6. The Code Authority is charged generally with the duty
of administering this Code. If the Administrator shall determine
that any action of the Code Authority, or any agency thereof, may be
unfair or unjust or contrary to the public interest, the Administrator
may require that such action be suspended to afford an opportunity
for investigation of the merits of such action and further consider-
ation by the Code Authority or agency pending final action which
shall not be effective unless the Administrator approves or unless he
shall fail to disapprove after thirty (30) days notice to him of inten-
tion to proceed with such action in its original or modified form.
SECTION 7. The Code Authority shall use such trade associations
and other agencies as it deems proper for the carrying out of any of
its activities provided for herein, provided that nothing herein shall
relieve the Code Authority of its duties or responsibilities under this
Code and that such trade associations or agencies shall at all times be
subject to and comply with the provisions hereof.
SECTION 8. The expenses of administering this Code shall be borne
pro rata, in accordance with a formula to be adopted by the Code
Authority, by all members of the Industry who accept the benefit of
the services of the Code Authority or otherwise assent to this Code.
SECTION 9. The Code Authority may appoint a Trade Practice
Conunittee to meet with the Trade Practice Committees under such
other Codes as may be related to this Industry for the purpose of
formulating Fair Trade Practices to govern the relationships
between production and distribution employers under this Code and
under such others to the end that. such Fair Trade Practices may be
proposed to the Administrator as amendments to this Code and such
other Codes.
SECTION 10. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose; nor shall
any member of the Code Authority be liable in any manner to any
one for any act of any other member, officer, agent or employee of
the Code Authority; nor shall any member of the Code Authority,
exercising reasonable diligence in the conduct of his duties hereunder,
be liable to any one for any action or omission to act under this Code,
except for his own willful misfeasance or non-feasance.

ARTICLE III-HouRs OF LABOR
SECTION 1. Employees in the Industry shall not be required or
permitted to work hours in excess of the limits prescribed in the
following schedule:

SCHEDULE OF WORKING HOURS
(n) Watchmen: Fifty-six (56) hours in any one week, but- not
more than six (6) days in any seven (7) day period; or fifty-six (56)
hours in any one week, but not more than eight (8) hours in any
one day.






586


(b) chauffeurs, truckdrivers and their helpers: One hundred
ghty (180) hours in any period of four (4) consecutive weeks, but
not to exceed fifty-four (54) hours in any one week, provided, how-
ever, that time worked in excess of nine (9) hours in any one day or
forty-five (45) hours in any one week shall be paid for as not less
than time and one-third.
(0) Engineers, firemen and electricians: One hundred sixty-eight
(168) hours in any period of four (4) consecutive weeks, but not to
exceed fifty-four (54) hours in any one week, provided, however,
that time worked in excess of nine (9) hours in any one day or
forty-five (45) hours in any one week shall be paid for as not less
than time and one-third.
(d) All other laborers, mechanical workers or artisans employed
in any plant, mill or factory, or on work connected with the operation
of such plant, mill or factory: Eight (8) hours in any one day and
forty (40) hours in any one week, provided, however, that these
maximum limits may be exceeded in any twelve (12) weeks of each
calendar year, provided, that all time worked in excess of eight (8)
hours in any one day or forty (40) hours in any one week shall be
paid for as not less than time and one-third, and provided, further,
that no employee shall be required or permitted to work in excess of
ten (10) hours in any one day or forty-eight (48) hours in any one
week.
(e) Executives and other employees regularly engaged in a super-
visory capacity and receiving thirty-five ($35.00) dollars or more
per week, outside salesmen and outside servicemen: No limitation.
(f) All other employees: Forty-eight (48) hours in any one week
but not to exceed three hundred twenty (320) hours in any period
of eight (8) consecutive weeks.
SECTION 2. NO limitation contained in said schedule shall apply to
employees of any class when engaged in emergency repairs or emer-
gency maintenance work occasioned by breakdowns or involving
protection of life or property, provided, however, that all time
worked in excess of the limitations prescribed in said schedule shall
be paid for at not less than time and one-third.
SECTION 3. No employer shall permit any employee to work for
any time which, when totaled with that already performed with an-
other employer or employers in this Industry, exceeds the maximum
permitted herein.
SECTION 4. No female employee shall be required or permitted to
work between the hours of 10:00 P.M. and 6:00 A.M.
SECTION 5. No employee of the classes included under Section 1
(b), (c), (d) and (f) of this Article shall be required or permitted
to work more than six (6) days in any seven (7) consecutive days.
ARTICLE IV-WAGES

SECTION 1. The minimum rate of wage of any employee, other
than office and clerical employees, employed in any plant, mill or
factory, or on work connected with the operation of any such plant,
mill or factory, shall be as follows: Male labor, 40 cents per hour;
Female labor, 35 cents per hour.






587


SaTrroN 2. The minimum rate of wage of any office or clerical
employee shall be sixteen ($16.00) dollars per week. Part-time em-
ployees covered by the provisions of this Section shall be paid at
the rate of not less than forty (400) cents per hour.
SECTION 3. This Article establishes a nunimum rate of pay which
shall apply irrespective of whether an employee is actually compen-
sated on time-rate, piece-work, or other basis.
SECTION 4. Female employees performing substantially the same
work as male employees shall receive the same rate of pay as male
employees. The Code Authority shall within ninety (90) clays after
the effective date of this Code file with the Administrator a descrip-
tion of all occupations in the Industry in which both men and women
are employed.
SECTION 5. The wage rates of employees receiving more than the
minimum rates herein prescribed shall be reviewed and equitably
adjusted, provided that such adjustments have not already been made
in anticipation of the approval of this Code, and provided, further,
that in no case shall such adjustments decrease the wage rates paid
such employees. Within sixty (60) days after the effective date
hereof, the Code Authority shall report to the Administrator the
action taken by all members of the Industry under this Section.
SECTION 6. Office boys and girls under eighteen (18) years of age,
to the extent of no more than 5% of the total number of employees
described in Section 2, hereof, may be employed at a wage of not less
than 80% of the minimum prescribed by said Section, provided that
at least one such office boy or girl may be employed by each member.
SECTION 7. A person whose earning capacity is limited because of
age, physical or mental handicap or other infirmity, may be em-
ployed on light work at a wage below the minimum established by
this Code if the employer obtains from the State authority, desig-
nated by the United States Department of Labor, a certificate author-
izing such person's employment at such wage and for such liours as
shall be stated in the certificate. Such authority shall be guided by
the instructions of the United States Department of Labor in issuing
certificates to such persons. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him, show-
ing the wages paid to and the maximum hours of work for such
employees.
ARTICLE V-GENERAL LABOR PROvISIONS

SECTION 1. No person under sixteen (16) years of age shall be
employed in the Industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are haz-
ardous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within sixty (60) days after the effective
date of this Code a list of such operations or occupations. In any
State an employer shall be deemed to have complied with this provi-
sion as to age if he shall have on file a certificate or permit duly
signed by the authority in such State empowered to issue employ-
ment or age certificates or permits, showing that the employee is of
the required age.
SECTION 2. Employees shall have the right to organize and bargain
collectively through representatives of their own choosing and shall






588


be free from the interference, restraint or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection. No em-
ployee and no one seeking employment shall be required as a condi-
tion of employment to join any company union or to refrain from
joining, organizing or assisting a labor organization of his own
choosing. Employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment,
approved or prescribed by the President.
SECTION 3. No 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 4. No employer shall reclassify employees or duties of
occupations performed or engage in any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of this
Code.
SECTION 5. All employers shall post copies of Articles III, IV and
V of this Code in conspicuous places accessible to employees.
SECTION 6. Every employer shall make reasonable provisions 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 within
six (6) months after the effective date of this Code.
SECTION 7. The Code Authority shall make a study of conditions
in the Industry to determine the feasibility of the adoption of a
shorter working week and shall, within three (3) months after the
effective date of this Code, make a report of its findings to the Ad-
ministrator. The Code Authority shall also submit to the Adminis-
trator within six (6) months after the effective date of this Code, a
plan for the stabilization and regularization of employment.
SECTION 8. The manufacture or partial manufacture of any prod-
uct of the Industry in homes shall be prohibited.

ARTICLE VI '-ACCOUNTING--SELLING

SECTION 1. The Code Authority shall cause to be formulated an
accounting system and methods of cost finding and/or estimated ca-
pable of use by all members of the Industry. After such system and
methods have been formulated and approved by the Administrator,
full details concerning them shall be made available to all members.
Thereafter all members shall determine and/or estimate costs in
accordance with the principles of such methods.
SECTION 2. The Code Authority may from time to time determine
that an open price plan of selling such product or products of the
Industry as it shall specify shall be put into effect on such date as
it shall fix. Notice of such determination shall be announced to all
known members of the Industry who manufacture such products not
less than thirty (30) days prior to the date so fixed.
1 See paragraph 2 of order approving this Code.






589

SEm'roN 3. At least ten (10) days prior to such date, every such
member shall file with the Code Authority a schedule of prices and
terms of sale for all such products or, in the alternative, shall be
deemed to have filed a schedule conforming in respect to price and
terms of sale with the schedule at any time on file which states the
lowest price and the most favorable terms.
SECTION 4. All such schedules shall be in such form as the Code
Authority shall prescribe and shall contain all information Ilec'sa;Iry
to permit any interested person to determine the exact net price
per unit after all discounts or other deductions have been made,
whether pertaining to a single order, a commitment for future de-
liver, or a contract. All such original schedules shall become effec-
tive on the date fixed by the Code Authority as provided in Section
2 hereof.
SECTION 5. A revised schedule or schedules, or a new schedule or
schedules, or a notice of withdrawal of a schedule previously filed,
may be filed by a member with the Code Authority at any time, pro-
vided, however, that any member who withdraws a schedule without
substituting a new schedule therefore shall be deemed to have filed a
schedule conforming in respect to price and terms of sale with the
schedule at any time thereafter on file which states the lowest price
and the most favorable terms. Any schedule or notice filed here-
under shall become effective five (5) days after the date of filing,
provided, however, that an increased price may become effective at
such earlier date as the member filing the same shall fix.
SECTION 6. The Code Authority shall promptly supply all members
of the Industry who manufacture any particular product with copies
of all schedules, revised schedules, and notices of withdrawal, which
pertain to such product. Immediately upon receipt of information
relative to the withdrawal of a price for any product, any member
may file notice of withdrawal of his own price for the same product
effective as of the same date as the notice of withdrawal of such other
member. Immediately on receipt of information that a schedule
then on file has been revised, or that, a new schedule has been filed,
any member may file a revised schedule conforming as to price and
terms to the schedule of such other member and effective on the same
date, or he may notify the Code Authority that he adopts as his own
the schedule of such other member. In the latter event, he shall be
deemed to have filed a revised schedule conforming to the revised
schedule of such other member.
SECTION 7. No such schedule of prices and terms of sale filed by
any member or in effect at any time, shall be such as to permit the
sale of any product. at less than the cost thereof to such member
determined in the manner provided in Section 11 hereof, provided,
however, that any member may by notice to the Code Authority,
adopt as his own a lower price filed by another designated member.
Such adoption shall become automatically void upon the withdrawal
or revision upward of the price adopted.
SECTION 8. No member, who shall have filed a price or adopted as
his own a price filed by another member for any product of the
Industry, shall sell such product for less than such price or upon
terms or conditions more favorable than stated in such price schedule.
No member, who shall have failed to file a price for any product for






590

which the open price plan is in effect, shall sell such product at a
lower price or on terms more favorable than the lowest price and
most favorable terms stated in any price schedule for such product
then on file.
SECTION 9. The Code Authority shall furnish at cost to any inter-
ested person or persons requesting them, copies of any price schedules
which have been filed with it. Such price schedules shall be madb
available to such person or persons at the same time they are sent to
members.
SECTION 10. No member shall sell any product of the Industry foi
which no open price plan is in effect at less than the cost thereof to
such member determined as provided in Section 11 hereof, except to
meet the price of a competitor whose price does not violate such
Section.
SECTION 11. Cost, for the purposes of this Article, shall be deter-
mined pursuant to the method of accounting and costing prescribed
as provided in Section 1 hereof as soon as such method is adopted
and approved, and theretofore pursuant to the method employed by
such member subject to such preliminary rules as the Code Authority
shall from time to time prescribe with the approval of the
Administrator.
SECTION 12. Every member shall upon the request of the Code
Authority furnish a designated agency of the Code Authority, iih
respect to closed transactions only, with complete information in
regard to any quotation, order, contract or sale of any product of
the Industry, including information as to specifications, quantities,
price, conditions of storage, transportation or delivery, terms of
billing, cash or trade discounts allowed and other pertinent facts
relating to such quotation, order, contract or sale.
SECTION 13. Nothing herein contained shall be construed to prevent
the disposition of distress merchandise required to be sold to liqui-
date a defunct or insolvent business or of discontinued lines, damaged
goods, or seconds, in such manner, at such price and on such terms
and conditions as a member shall publish with the Code Authority,
prior to the sale thereof.
SECTION 14. Nothing herein contained shall be construed to prevent
the fulfillment of a bona fide contract existing on the effective date
of this Code.
ARTICLE VII-REPORTS AND STATISTICS
SECTION 1. Each member shall prepare and file with an impartial
agent designated by the Code Authority at such times and in such
manner as it may prescribe, such statistics, data, and information
relating to plant capacity, volume of production, volume of sales in
units and dollars, orders received, unfilled orders, stocks on hand, in-
ventory both raw and finished, number of employees, wage rates,
employee earnings, hours of work, and other matters, as the Code
Authority or the Administrator may from time to time require.
SECTION 2. Except as otherwise provided in the Act, or in this Code,
all statistics, data, and information filed or required in accordance
with the provisions of this Code shall be confidential and the sta-
tistics, data, and information of one member shall not be revealed
to another member. No such data or information shall be published






591


except in combination with other similar data and in such a manner
as to avoid the disclosure of confidential information. The Code
Authority shall arrange in such manner as it may determine for the
current publication of Industry statistics to members.
SECTION 3. The Code Authority shall make such reports to the
Administrator as he may from time to time require.
SECTION 4. In addition to information required to be submitted to
the Code Authority there shall be furnished to Government Agencies
such statistical information as the Administrator may deem necesanry
for the purposes recited in Section 3 (a) of the Act. Nothing con-
tained in this Code shall relieve any member of any existing obliga-
tions to furnish reports to any Government Agency.
ARTICLE VIII--MNOPOLIES
SECTION 1. No provision of this Code shall be so applied as to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discriminate against small enterprises.
ARTICLE IX-RECOMMENDATIONS
SECTION 1. The Code Authority may, from time to time, present
to the Administrator recommendations based on conditions in the
Industry which will tend to effectuate the operation of this Code and
the policy of the Act, and in particular along the following lines:
(a) For the establishment of additional rules of Fair Trade Prac-
tice for the Industry and for the codification of its Trade Customs
and the enforcement thereof.
(b) For an increase or decrease in the number of Industry mem-
bers of the Code Authority and or for a change in the method of
choosing such members.
SECTION 2. For the purpose of assisting the Code Authority of
the Paper Manufacturing and/or Converting Industries in the ad-
justment of all labor disputes and labor complaints arising within
such Industries, the Code Authority shall consider the advisability of
erecting a Joint Industrial Relations Board for such Industries and
shall report its recommendations to the Administrator.
SECTION 3. Recommendations made pursuant to Sections 1 and 2
hereof when approved by the Administrator, after such notice and
hearing as he shall prescribe, shall have the same force and effect as
other provisions of this Code.
ARTICLE X-TRADE PRACTICES
SECTION 1. The following are hereby constituted Trade Practices
for the Industry and failure to comply with the provisions thereof
shall be a violation of this Code.
(a) Members of the Industry shall not practice deception in re-
gard to that which is sold or its selling price by false or misleading
description, statement, record, or undisclosed consideration.
(b) Members shall refrain from dumping, deferred delivery, ex-
tension of stated credit, and secret rebates.
(c) Members shall not wilfully injure by falsely defaming a com-
petitor's goods, credit, or ability to perform his contracts.
(d) Members shall not wilfully induce or attempt to induce the
breach of a competitor's contract.






592


(e) No member shall give, permit to be given, or directly offer
to give, anything of value for the purpose of influencing or reward-
ing the action of any employee, agent, or representative of another
in relation to the business of the employer of such employee, the
principal of such agent or the represented party, without the knowl-
edge of such employer, principal or party. The foregoing provision
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 herein defined.
(f) No member of the Industry shall ship goods on consignment,
except under circumstances to be defined by the Code Authority
where peculiar circumstances of the Industry require the practice.
SECTION 2. The following practices are hereby prohibited:
(a) Contracts lacking mutuality-quantity or blanket contracts
that are not limited to time or quantity. The making of quantity
contracts with the buyer without obligation on the part of the buyer
to take delivery of the quantity produced and used for the purpose of
securing or giving special price.
(b) False billing-the practice of invoicing a less quantity than
the actual amount shipped. Withholding from the invoice facts
which make the invoice a false record. Allowing unearned dis-
counts; allowing secret rebates and settlements.
(c) Misrepresentation-making of false reports or incorrect re-
ports regarding a competitor's products, financial or personal stand-
ing, including without limitation, reports to Governmental or Health
authorities concerning the product of a competitor.
ARTICLE XI-GENERAL PROVISIONS

SECTION 1. If any member is also a member of another industry,
the provisions of this Code shall apply to and affect only that part
of his business which is included in this Industry.
SECTION 2. Any work or process incidental to and carried on by
a member at his plant as a part of the manufacture of any product
of the Industry, shall be regarded as a part of this Industry.
SECTION 3. Such of the provisions of this Code as are not required
to be included therein by the Act, may, with the approval of the
Administrator, be modified and eliminated as changes in circum-
stances or experience may indicate.
SECTION 4. This Code and all the provisions thereof are expressly
made subject to the right of the President, in accordance with the
provisions of Section 10 (b) of the 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 conditions imposed by him upon his approval
thereof.
SECTION 5. This Code shall become effective on the second Monday
after the date upon which it shall be approved by the President of
the United States.
Approved Code No. 371.
Registry No. 1608-02B.







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