Proposed code of fair competition for the plastic arts industry

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Material Information

Title:
Proposed code of fair competition for the plastic arts industry as submitted to August 9, 1933
Physical Description:
17 p. : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
U.S. Gov. Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Plastics as art material -- Law and legislation -- United States   ( lcsh )
Plastics -- Molds -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
"Registry No.1024-1-01"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 026615932
oclc - 63655055
System ID:
AA00021521:00001

Full Text
UNIVERSITY OF FLORIDA
n III II IIII IIIIIII III IIIIII n III 1 1 111 11111 N 11 In11l ll1

3 1262 08486 7752
*.---------------


Registry No. 1024--1-01


NATIONAL RECOVERY ADMINISTRATION




PROPOSED CODE OF FAIR COMPETITION

FOR THE


PLASTIC ARTS INDUSTRY


AS SUBMITTED ON AUGUSTJ99, 1933


The Code for the Plastic Arts Industry
in its present form merely reflects the proposal of the above-mentioned
industry, and none of the provisions contained therein are
to be regarded as having received the approval of
the National Recovery Administration
as applying to this industry



i
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1933


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
























*U














INSTITUTE OF PLASTIC ARTS,
Chicago, Ill., August 9, 1933.
General HUGH S. JOHNSON,
National Recovery Administration, Department of Commerce Building, IVash-
inglon, D.C.
DEAR SIR: We submit through you, for the President's approval, the enclosed
Code of Fair Competition for the Plastic Arts Industry.
The Plastic Arts Industry includes all producers of cast plaster products, com-
positions which have a gypsum or cement base, architectural models, ornaments,
figure, designs, forms, sculptures, scale models, models for wood, stone and metal,
advertising display, and ecclesiastical plaster products. A large part of its
products are used in the construction industry for ornamentation of interiors and
exteriors.
About seven years ago the industry was organized on an international scale.
The organization was known as the International Ornamental Plaster Manufac-
turers Association of the United States and Canada and its membership coinm-
prised about forty of the prominent concerns in the industry. This organization
is now succeeded by the Institute of Plastic Arts which conforms to the require-
minents of the National Industry Recovery bill and places the organization on a
purely national basis. Members of the local associations known as the Orna-
mental Plaster Manufacturers of Chicago and the Architectural Sculpture Society
of New York, have joined the Institute of Plastic Arts to represent their industries
on a National scale.
On June 30, 1933, a group of Chicago concerns met for the purpose of discuss-
ing the National Industrial Recovery Act. A committee was appointed and on
July 8, 1933, a notice and questionnaire was sent to all known studios and minaniu-
facturers of ornamental plaster products and statuary directing the industry's
attention to the desirability' of complying with the National Industrial Recovery
Act. This notice was mailed to about four hundrett concerns located in the United
States, the names and addresses being secured from various sources. About sixty
replies were received to this questionnaire indicating willingness to organize the
industry on a national basis to comply with the requirements of the National
Industrial Recovery Act. To date the organization has thirty-four charter
members, and membership applications have been mailed to all other concerns in
the Industry together with a report on the organization meeting.
On the basis of replies received the committee sent out a notice for an organi-
zation meeting at Chicago, Illinois on July 31, 1933. The purpose of this meet-
ing was to organize a trade association and to prepare a Code of Fair Competi-
tion for the industry. The meeting was attended by prominent concerns in tilhe
industry from all over the country, and in the opinion of those present represented
the majority of the productive capacity. Owing to the present economic condi-
tions a large number of concerns found it impossible to attend. This meeting
organized the Institute of Plastic Arts and adopted a Code of Fair Competition
for the pastic-arts industry.
The concerns attending the organization meeting recommended a forty (40)
hour week and the following minimum wages:
Unskilled Labor, $0.40 per hour; Modelers and Sculptors, $1.50 per hour;
Model Makers, $1.00 per hour; Casters, $0.75 per hour; Office Help istenog-
raphers, clerks, etc.), $15.00 per week.
This Institute represents an industry that is engaged primarily in the produc-
tion of products of artistic and ornamental nature requiring artists, designers,
sculptors, and skilled artisans. Because of this highly skilled labor, the products
should be produced in permanent and properly equipped studios and plants.
The work requires the creation of the design unless furnished by architect or
customer) the development of design, making of model from design, making
of the mold from model, and, finally production of product by pouring suitable
materials into molds.
The members of this Institute have been greatly instrumental in bringing the
ancient and neo-classic art to an economic acceptance in this country. They
have carried on research, maintained extensive libraries, and have spent a
8700-33-1 (1)










considerable sum in promotion of thle art through advertising, cataloging, and
display rooms. Research by the members of this industry has not only helped
to develop art acceptance but has brought to a high degree of perfection many
new and approved basic materials now in general use. These accomplishments
have only been possible because of the facilities afforded through permanent
studios and plants.
In the stress of the present economic conditions, the industry has been subjected
to unfair competition from former employees and certain contractors who,
without establishments or regard for prevailing costs and wages, have created a
nomadic manufacturing situation in which products usually produced by the
members of the Institute in studios and plants have been manufactured on the
building site during the process of construction. It is our contention that these
itinerent manufacturers are producing such work under hazardous and unsuitable
working conditions and that because of the lack of investment and permanent
establishment the prices at which they have taken work has resulted in wide-
spread unemployment, reduced purchasing power and resulting in competition
which is unfair to the members of this industry.
We estimate that the industry's investment including plants and equipment
is at least one-half of our sales volume in normal times.
We are submitting herewith the following: 8 copies of Code of Fair Competition
for the Plastic Arts Industry; 2 copies of Application Forms; 2 copies of Bylaws
of the Institute of Plastic Arts.
The members of the Institute of Plastic Arts and the Emergency National
Committee are anxious to cooperate with the President in every way to further
as quickly as possible the aims of the National Industrial Recovery Act which we
heartily endorse.
Weare of the opinion that our Code of Fair Competition should be considered
as being supplemental to the Code for the Construction Industry as submitted
by the Construction League of the United States.
Respectfully,
EMERGENCY NATIONAL COMMITTEE OF THE PLASTIC
ARTS INDUSTRY,
R. F. SCHMIDT, Architectural Decorating Co.,
1600 S. Jefferson St., Chicago, Ill., Chairman.
A. VOLKER, JR., Voigt Co.,
121h & Montgomery Ave., Philadelphia, Pa.
VICTOR JACOBSON, Jacobson & Co., 239 E. 44th St.,
New York, N.Y.
EDw. WM. KREUGER, Secretary and Commissioner
of the Institute of Plastic Arts,
307 N. Michigan Ave., Chicago, Illinois.












CODE OF FAIR COMPETITION FOR THE PLASTIC ARTS
INDUSTRY AS PROPOSED BY THE INSTITUTE OF PLASTIC
ARTS
UNDER THE NATIONAL INDUSTRIAL RECOVERY ACT
PREAMBLE
The plastic arts industry is composed of many producing units
scattered throughout the United States. The plants vary in size
from large plants, doing a national business, to small plants doing a.
purely local business. Some plants manufacture to specifications
while others also carry extensive stock items sold by means of ex-
pensive catalogs.
The products of the industry consist, of cast plaster products, com-
positions which have a gypsum or cement base, architectural models,
ornaments, figures, designs, forms, scale models, models for wood,
stone, and metal, sculptures, advertising display, and ecclesiastical
plaster products.
This industry requires skilled designers, sculptors, and workmen.
The work requires the creation of the design (unless it is furnished
by architect or customer), the development of design, making of
model from design, making of mould from model, and, finally, pro-
duction of product by pouring suitable materials in a mould.
A part of the industry's product is used in the construction industry
for ornamentation of interiors and exteriors.
ARTICLE 1-PURPOSE
(1) This Code is adopted pursuant to Title 1 of the National
Industrial Recovery Act.
(2) The purpose of the Code is to effectuate the policy of Title 1
of the National Industrial Recovery Act insofar as it is applicable
to the industry.
ARTICLE 2-DEFINITION
The term "Plastic Arts Industry" as used herein is defined to
mean all producers of cast plaster products, compositions which have
a gypsum or cement base, architectural models, ornaments, figures,
designs, forms, sculptures, scale models, models for wood, stone, and
metal, advertising display, and ecclesiastical plaster products. The
term "employees" as used herein shall include all persons employed
in the conduct of such operations. The term "person" shall include
natural persons, partnerships, associations, and corporations.

ARTICLE 3-MEMBERSHIP
(1) Membership in the Institute of Plastic Arts, and participation
of its Code shall be extended to all persons, partnerships and/or
corporations in the United States operating permanent plants








employed in the production of commodities described in Article 2
above. It is the intention of this Institute that it shall be duly
representative of the industry and nothing in the Code shall be
interpreted as imposing inequitable restrictions on admissions to
membership in the Institute.
(2) No initial fees or entrance fees shall be charged. Dues, fees, or
other assessments shall be at uniform rates based on payroll for
production of commodities, as described in Article 2, as provided
in adopted By-Laws of the Institute said By-Laws being "Exhibit
D" attached to this Code.
ARTICLE 4-EMERGENCY NATIONAL COMMITTEE
(1) There shall be an Emergency National Committee consisting of
seven (7) members including the Chairman, all selected from the
Executive Committee of the Institute of Plastic Arts. This Com-
mittee shall be the general planning and coordinating agency of the
industry. Its members shall be empowered to act for the industry
in respect of all matters before the Committee for consideration and
within its jurisdiction. The Committee shall be empowered to elect
one or more of its members from time to time who together with the
Commissioner of the Institute of Plastic Arts shall file the Code of
Fair Competition with the proper Governmental agency and represent
the Institute on all matters pertaining to the Code having authority to
agree to such changes in the Code required by the government as
they may deem advisable. The Committee shall serve as an executive
agency for the industry and shall be charged with the enforcement of
the provisions of this Code and with the duties, through agents or
otherwise, of hearing and adjusting complaints, considering proposals
for amendments and making recommendations thereon, approving
recommendations for exception to the provisions of this Code, and
otherwise administering its provisions.
(2) In the event of dispute arising as to the rights and liabilities
under this Code of any member of the Institute, or any adherent to
the provisions of this Code or subject to its terms, said member shall
have the right of appeal to the Emergency National Committee and
the decision of the said Committee on said appeal shall be final,
subject only to appeal to the President of the United States or his
duly appointed representative.
(3) The Commissioner of the Institute shall act as Secretary for the
Emergency National Committee and shall be charged with the respon-
sibility of auditing, or having audited, the books of accounting, cost
records, wage records, price quotations, contracts, etc., of all adherents
to the Code, as may be required by the Committee, the President, or
his duly appointed representative.

ARTICLE 5-NONMEMBER ADHERENTS TO CODE
(1) Each person or organization engaged in this industry, adhering
to this Code or subject to its terms, but not registered members of the
Institute, shall pay to the Commissioner of the Institute of Plastic
Arts a sum representing his proportionate share of the expense incident
to initiating, securing the approval of, and administering this Code of
Fair Competition and approved rules issued thereunder.






5

(2) The said expense shall be prorated among such persons or
organizations within the said industry but not registered members of
the Institute in proportion to pay rolls in the same manner and amounts
as determined in the By-Laws of the Institute; said By-Laws being
"Exhibit D" attached to this Code.

ARTICLE 6-EMPLOYEE RELATIONS
Employers in the Plastic Arts Industry shall comply with the re-
quirements of the National Industrial Recovery Act as follows:
"(1) That employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection; (2) that no
employee and no one seeking employment shall be required as a
condition of employment to join any company union or to refrain
from joining, organizing, or assisting a labor organization of his own
choosing; and (3) that employers shall comply with the maximum
hours of labor, minimum rates of pay, and other conditions of employ-
ment, approved or prescribed by the President."

ARTICLE 7-MlAxIMUMi WORKING HOURS
(1) As a direct and immediate aid to re-employment, this Institute
is in full accord and agreement to establish maximum hours of labor
at forty hours per week for all employees in the industry, with the
exception of executives, supervisory staff, salesmen, engineers, fire-
men, and watchmen.
(2) On and after the effective date, employers in the Plastic Arts
Industry shall not employ any minor under the age of sixteen years.

ARTICLE 8-MINIMUM WAGES AND WORKING CONDITIONS
All adherents to this Code shall pay wages-
(a) Not less than such minimum rates as have been or may be
established nationally or for a region or locality by mutual agreements
reached through bona fide collective bargaining between truly repre-
sentative national, regional, or local groups of employers and employees,
and, in any event-
(b) Not less than the minimum rates of wages submitted in Exhibit
A attached herewith, and also agree to comply with the working
conditions stated in said Exhibit A.

ARTICLE 9-MINIMUM PRICES
(1) For the purpose of accomplishing the aim set forth in Article 1
of this Code the adherents to the Code obligate themselves to refrain
from destructive wage and price cutting in all forms or selling at less
than a reasonable profit above his own total cost, and/or all other
unfair competitive practices which are contrary to the policy of the
National Industrial Recovery Act. Total cost is defined to mean
material, labor, normal overhead, selling, and administrative expense.








(2) The Emergency National Committee shall proceed at once to
provide for uniform methods of estimating and standard methods of
accounting, including cost accounting, which shall be used by all
adherents to the Code. It shall be an unfair method of competition
for any such manufacturer or producer to sell at less than a reasonable
profit above his own total cost as established by the adopted uniform
cost-accounting system.

ARTICLE 10-CREDITS AND COLLECTIONS
The Emergency National Committee may establish uniform pro-
cedure with respect to credits and collections and may provide such
rules and regulations as may be necessary with respect to (a) collection
and interchange of credit information; (b) cooperative administration
of insolvent debtors; (c) terms of sales; and (d) other aspects of credits
and collections.

ARTICLE 11-REPORTS AND ACCOUNTS
(1) For the purpose of preventing destructive wage and price
cutting, as well as all other forms of unfair competition, the Commis-
sioner of the Institute of Plastic Arts or his duly appointed repre-
sentative or representatives shall have access to all business records
and books of account of all adherents to the Code, including payroll
records and prices quoted to customers or prospective customers;
also to orders accepted for manufacture, as well as to all plans, speci-
fications, and lists of merchandise having relation to such quotations,
orders, and contracts.
(2) For the purpose of coordination and audit, members and adher-
ents to the Code shall furnish the Commissioner, or his duly author-
ized representative or representatives such other records and reports
as he or the President of the United States and his administrator may
from time to time require.

ARTICLE 12-TRADE PRACTICES
Except as may be otherwise provided by the Code, the provisions
of the Standards of Trade Practices, as stated in the attached "Ex-
hibit B" are hereby adopted and made a part of this Code.

ARTICLE 13-ENFORCEMENT OF CODE
Enforcement of this Code shall be conducted in accordance with
the Procedure of Investigation and Determination of Complaints as
prescribed in "Exhibit C" hereto attached.

ARTICLE 14-GENERAL
(1) All provisions, rules, and regulations of this Code are subject
to cancellation or modification by the President as prescribed by
Section 10 (b) of the National Industrial Recovery Act.
(2) None of the provisions of this Code shall be construed in such
a way as to promote a monopoly or monopolistic practices, or to
eliminate or oppress small enterprises or discriminate against them.
(3.) This Code or any of its provisions shall be cancelled or modified
and any approved rule issued thereunder shall be ineffective to the








extent necessary to conform to any action by the President under
Section 10 (b) of the National Industrial Recovery Act in cancellation
or modification of any order, approval, license, rule, or regulation
pertaining thereto.
(4) Amendment to this Code may be made by the Emergency
National Committee subject to the approval of the membership of
the Institute of Plastic Arts, and when approved by the President
shall be effective.
(5) All communications and conferences of the industry with the
President or with his agents, concerning the approval or Amendment
to this Code, or any of its provisions or any matters relating thereto,
shall be through the Emergency National Committee. Such Com-
mittee may appoint one or more of its members together with the
Commissioner of the Institute to represent it in this respect. The
official address of said Emergency National Committee shall be in
care of the Commissioner of the Institute of Plastic Arts.
(6) Violation by any adherent to any provision of this Code or
of any approved rule issued thereunder, is an unfair method of
competition.
ARTICLE 15-EFFECTIVE DATE
This Code shall be in effect beginning the second Monday after its
approval by the President of the United States.


8700-33----2

























EXHIBIT A


MINIMUM LABOR RATES AND WORKING CONDITIONS FOR THE
PLASTIC ARTS INDUSTRY AS PROPOSED BY THE INSTITUTE OF
PLASTIC ARTS-UNDER THE NATIONAL INDUSTRIAL RECOVERY
ACT

(To be attached to and become a part of the Code of Fair Competition for the
producers of cast plaster products, compositions which have a gypsum or
cement base, architectural models, sculptures, and ecclesiastical plaster
products)
Minimum labor rates.-The minimum wages to be paid by the Plastic Arts
Industry are as follows: Unskilled Labor, $0.40 per hour; Modelers and Sculp-
tors, $1.50 per hour; Model Makers, $1.00 per hour; Casters, $0.75 per hour;
Office Help (Stenographers, clerks, etc.), $15.00 per forty-hour week.
Working conditions.-In order to protect the investment in plant and equip-
ment and to maintain proper quality of production in this industry, the per-
formance of which work requires the services of artists and skilled workmen
with adequate equipment and other facilities, all and any product must be pro-
duced in permanent plants providing adequate light, heat, sanitation, and other
satisfactory working conditions.












EXHIBIT B


CODE OF TRADE PRACTICES FOR THE PLASTIC ARTS INDUSTRY AS
PROPOSED BY THE INSTITUTE OF PLASTIC ARTS-UNDER THE
NATIONAL INDUSTRIAL RECOVERY ACT

(To be attached to and become a part of the Code of Fair Competition for the
producers of cast plaster products, compositions which have a gypsum or cement
base, architectural models, sculptures, and ecclesiastical plaster products)
The following provisions are hereby adopted and made a part of this Code:
Rule I. Terms of sale or of contract shall be definite and strictly adhered to.
The payment or allowance of secret rebates, refunds, credit, or unearned dis-
count, whether in the form of money or otherwise, or extending to certain pur-
chasers such services or privileges not extended to all purchasers, under like
terms and conditions, is a violation of this Code.
Rule 2. Attempt to purchase business or obtain information concerning a com-
petitor's business by gift or bribes is a violation of this Code.
Rule 3. The bidding on designs, models, plans, or specifications submitted to
a prospective customer by a competitor, without the knowledge or consent of
the concern or individual originating said design, model, plan, or specification is
a violation of this Code.
Rule 4. The making of plans, drawings, and/or specifications for distribution
by customers to competing manufacturers, for the purpose of obtaining competi-
tive bids, without a bonafide agreement with the customer to pay the originator
of said plans, drawings, and/or specifications, an amount not less than the actual
cost of such service, is a violation of this Code.
Rule 5. Recalling a bid once submitted on any job, for the purpose of enter-
taining a lower price, is a violation of this Code.
Rule 6. Inducing or attempting to induce by any means or device whatsoever
a breach of a fairly obtained contract between a competitor and a customer
during the term of such contract is a violation of this Code.
Rule 7. The intentional, unauthorized use, either in written or oral form, of
trade mark, trade name, slogan, or advertising matter already adopted or in use
by a competitor, is a violation of this Code.
Rule 8. The making of, causing or permitting to be made, any false or decep-
tive statement, either written or oral, concerning installations previously made,
or the claiming by any producer that products actually supplied and installed
by others were supplied and installed by him, or the making of any other mis-
leading or deceptive statement, is a violation of this Code.
Rule 9. Any person, partnership or corporation employing modellers and hav-
ing more than one modeling apprentice at any one time is a violation of this
Code.
Rule 10. When more than one member of a partnership or corporation works
more than eight hours per day with the tools of the trade it shall be considered a
violation of this Code.
Rule 11. When an employer works more than eight hours per day with the
tools of his trade it is a violation of this Code.
This Code is subject to modification or enlargement as experience with its
operation develops the necessity therefore.














EXHIBIT C


PROCEDURE OF INVESTIGATION AND DETERMINATION OF COM-
PLAINTS FOR THE PLASTIC ARTS INDUSTRY AS PROPOSED BY
THE INSTITUTE OF PLASTIC ARTS-UNDER THE NATIONAL INDUS-
TRIAL RECOVERY ACT
(To be attached to and become a part of the Code of Fair Competition for the
producers of cast plaster products, compositions which have a gypsum or cement
base, architectural models, sculptures, and ecclesiastical plaster products.)
(1) The Emergency National Committee shall adjudicate all complaints, and
shall as necessity demands appoint an investigating committee of three members
who shall ascertain all facts in connection therewith. No member is to serve
on the investigating committee or the Emergency National Committee who is
involved in the complaint. One member of the investigating committee shall
be designated as Chairman.
(2) The original complaint shall be made to the Commissioner of the Institute
by any unit of the industry in any manner, setting forth all available facts. All
complaints must be based upon alleged violation of By-Laws, or of any Code
of Fair Competition approved by the President of the United States for the
industry. If originally made in an informal manner, confirmation signed by an
authorized individual of the complainant or complainants must be forwarded
to the Commissioner immediately.
(3) If the Commissioner of the Institute shall determine that such complaint
is insufficient on its face to constitute a violation as hereinabove defined, he
shall so notify the complainant or complainants, stating the grounds of insuf-
ficiency, and give the complainant or complainants such information concerning
his further action as may be proper. Such complainant or complainants may
appeal from this decision of the Commissioner to the Chairman of the Emergency
National Committee, who shall either approve such action or order the Com-
missioner to proceed in accordance with the following paragraph.
(4) If the Commissioner of the Institute, or on appeal, the Chairman of the
Emergency National Committee, shall decide that such complaint is sufficient
on its face to constitute a violation as hereinabove defined, the Commissioner
shall send a copy of it to the respondent. The respondent shall complete its
answer and forward it, duly signed by an authorized individual, to the Commis-
sioner within ten days after its receipt, and may also set up such additional facts
by way of affirmative defense as it desires. The Commissioner may extend the
period of time in which respondent is to answer. The Commissioner shall be
permitted to examine in his discretion such pertinent records of both parties as
he deems advisable. All complaints are to be shown on monthly docket with
names and disposition.
(5) If no answer be filed by respondent-within ten days or within any extended
period granted by the Commissioner, the facts stated in the complaint shall be
taken to be true and the Commissioner may make findings accordingly and serve
the same upon both parties.
(6) If an answer be interposed by the respondent, the Commissioner shall
make a prima facie finding in the case and submit it to both the complainant or
complainants and respondent. If the complaint be then withdrawn, proceedings
shall stop at this point and all documents be filed in the office of the Commissioner.
(7) If complaint be not withdrawn, the Commissioner shall refer all of the
documents and other pertinent data in his possession to the Emergency National
Committee for adjudication.
(8) The Emergency National Committee shall notify all parties of the time
and place of its meeting, giving them reasonable advance notice, examine all
data submitted, hear oral testimony submitted by either party and in the taking
of such testimony said committee shall not be bound by any legal rules of evi-
dence. The Committee will then prepare its findings and submit the same to
the Commissioner.
(9) The Commissioner shall thereupon transmit to both complainant or com-
plainants and respondent a copy of the findings of the Emergency National
Committee.
(10)









(10) If all parties affirmatively accept the findings, or if no appeal be taken
within five working days thereafter and the member against whom -i Such endings
have been rendered, complies with its provisions and ceases Ihe violation, the
proceeding shall end at that point and all documents be filed in the office of the
Commissioner.
(11) If any party refuses to accept such findings, the matter shall be referred
by the Institute to the appropriate governmental authorities having jur;-diction
under the law to deal with the matter.
(12) Any complaint referring to wages or hours shall be investigated by the
Emergency National Committee at once or within five working day.
(13) All expenses in connection with the hearing of complaints shall be paid
from the operating fund by the Commissioner, and the mount thuls paid shall
be reimbursed to the Institute as directed by the findings of the Emergency
National Committee, ixhich shall have power to assess the same against either
party or neither. The assessment shall be twenty percent of the amount involved
in a complaint, if such an amount can be ascertained: provided that in no event
shall the assessment be less than $50.00 or more than $500.00 for any u,,e offense.
Each $500.00 of amount involved shall he deemed a separate offense.
(14) Assessments as thus determined by the Emergency National Commnittee
shall be billed to and become payable by the persons, firms, or corporations tius
assessed and shall be applied to the operating fund of the Institute. If said
member or members shall not within ten days after notification by the Commis-
sioner pay to the Treasurer the amount thus assessed, such member or members
shall be deemed in default.














EXHIBIT D


BY-LAWS OF THE INSTITUTE OF PLASTIC ARTS
ARTICLE 1-ASSOCIATION NAME
This association shall be known as the INSTITUTE OF PLASTIC ARTS.
ARTICLE 2-LOCATION
The principal office of the Institute shall be at 307 North Michigan Avenue
(Suite 1507), Chicago, Illinois.
ARTICLE 3-OBJECTS OF THE INSTITUTE
The objects of this organization are to promote, in all lawful and proper ways,
the general welfare of the Institute of Plastic Arts; to properly and lawfully pre-
vent unfair trade practices and methods of competition therein; to create and
sustain goodwill, trust, and confidence, and to set up and foster a high standard
of conduct between the members of the industry, its employees, its cusotmers,
and the public generally.
ARTICLE 4-MEMBERSHIP
(1) It is the intention of this Institute that it be truly representative of the
industry, and membership in the Institute shall be extended to all persons,
partnerships, and corporations in the United States, or any association or pro-
ducer of cast plaster products, compositions which have a gypsum or cement
base, architectural models, and sculptures.
(2) Each member shall within thirty days after the adoption of these By-Laws,
or within thirty days after his election to membership, certify to the Commis-
sioner under oath the total pay roll for the production of products and work on
contracts covering cast plaster products, compositions which have a gypsum .r
cement base, architectural models, and sculptures for the calendar year next
preceding the above date, and shall thereafter certify such annual pay roll thirty
days after the close of each calendar year.
(3.) The Commissioner shall at all times have complete access to the records
of a member for the purpose of verifying the data thus certified to him and
each member shall at all times upon reasonable notice by the Commissioner
submit his records for examination.
(4) Membership and voting power in the Institute shall be determined as
follows:
A "Class A" member is one the amount of whose pay roll as defined in Section
2 for the next preceding calendar year is less than one fifth of the highest pay roll
reported by any member for such year. Each "Class A" member shall be
entitled to one vote.
A "Class B" member is one the amount of whose payroll thus reported is at
least one fifth but less than two fifths of such highest payroll. Each "Class B"
member shall be entitled to two votes.
A "Class C" member is one the amount of whose payroll thus reported is at
last two fifths but less than three fifths of such highest payroll. Each "Class C"
member shall be entitled to three votes.
A "Class D" member is one the amount of whose payroll thus reported is at
least three fifths but less than four fifths of such highest payroll. Each "Class D"
member shall be entitled to four votes.
A "Class E" member is one the amount of whose payroll thus reported is four
fifths of such highest payroll or more. Each "Class E" member shall be entitled
to five votes.
(5) All persons, partnerships or corporations who become members at the first
(organization) meeting of the Institute shall be considered "Charter" members.
(12)







13

ARTICLE 5-EXECUTIVE COMMITTEE

(1) An Executive Committee comprising seven members shall be elected at the
annual meeting of the Institute from among the members' duly accredited repre-
sentatives. The term of office shall be as follows: Three members shall be elected
for a term of three years; two members for a term of two years; and two members
for a term of one year. These members of the Executive Committee shall hold
office until their successors are duly elected and qualified.
(2) Vacancies in the Executive Committee on account of death or resignation
may be filled by the remaining members of the Committee and the members thus
elected shall serve for the unexpired term of the member so deceased or resigned.
(3) The Executive Committee shall be charged with the management and
administration of the Institute of Plastic Arts, direct its policy and action, control
its finances, authorize and ratify its expenditures, audit its accounts, pass upon
the budget as prepared by the Commissioner and submit it to the members, em-
pl)y executive help as required including specifically a Commissioner as herein-
after specified, prescribe such of their duties as are not otherwise specified by
these By-Laws, fix their compensation, pass upon applications for membership
and make recommendation concerning same to the members, and perform other
duties usually incident to the duties of an executive committee if the same are
not specified to the contrary nor specifically delegated.

ARTICLE 6-COMMISSIONER

(1) A Commissioner shall be engaged by the Executive Committee as the
executive officer of the Institute of Plastic Arts. His term of office and compen-
sation shall be fixed by contract approved by the Executive Committee. He
shall not during the term of his contract become an employee of any member of
the Institute. He shall actively supervise the work of the Institute of Plastic
Arts, conduct all official correspondence, send out notices of meetings to members
and/or committees at the request of proper authority, and in all respects carry
out the general purposes of the Institute as set forth in these By-Laws and
execute other policies, general or specific, which may be agreed upon by the
members or the Executive Committee. He shall have charge of the office of the
Institute of Plastic Arts and of the work therein required to be done with power
to engage and discharge employees, and fix the compensation of employees
subject to the approval of the Executive Committee.
(2) The Commissioner shall receive and have charge of the funds of the
Institute of Plastic Arts. He shall submit to the Executive Committee and to the
members at the annual meeting, or at any special meeting on request of the
members or the Executive Committee, a written report on his receipts and dis-
bursements. He shall keep accurate books of account and may be required to
give such bond as may be provided from time to time by the Executive Commit-
tee, the expense of such bond to be paid for from funds of the Institute of Plastic
Arts. He shall prepare a budget for submission to the Executive Committee at
its annual meeting.
(3) The Commissioner shall act as Secretary of the Institute of Plastic Arts
and perform such duties incident to such office. He shall keepl) accurate records
and files of the Institute affairs and of all committees and have possession thereof.
He shall be an ex-officio member of all committees standing or special.

ARTICLE 7-MEETINGS
(1) The annual meeting of the Institute of Plastic Arts for the election of
members of the Executive Committee and other business shall be held on the third
Wednesday in May of each year at such place and hour as may be fixed by the
Executive Committee. Notice of such meeting shall be sent by mail or telegraph
to all members at least ten days prior to the date of the meeting.
(2) Special meetings of the Institute of Plastic Arts may be held at any' time
or place on call of the Executive Committee who must call such a special meeting
upon the written request of six members, which request shall recite the purpose
of such meeting. Notice of the time, place, and purpose of any special meeting
shall be sent by mail or telegraph to all members at least five days prior to the
date of such meeting.
(3) The organization or regular meeting of the Executive Committee shall be
held immediately after the annual meeting of the Institute of Plastic Arts.









(4) The special meetings of the Executive Committee may be held on call of
its Chairman and must be called by him upon the written request of three mem-
bers of the Executive Committee which request shall state the purpose for which
such special meeting is requested.
(5) All notices of special meetings of the Executive Committee shall be sent
to members thereof at least five days prior thereto by mail or telegraph, and the
notice of special meetings shall state the purpose thereof.

ARTICLE 8-QUORUM

(1) Ten percent or more of the qualified votes of the entire membership is
required to constitute a quorum for the transaction of any business at any annual
meeting or any properly notified special meeting.
(2) Twenty percent or more of the qualified votes of the entire membership
is required to constitute a quorum for the transaction of any business conducted
by mail ballot as provided in Article 13.
(3) A majority of the members of the Executive Committee shall constitute
a quorum for the transaction of business at any annual or special meeting but
a less number may adjourn a meeting from time to time until a quorum be
obtained.
ARTICLE 9-COMMITTEES

(1) The Executive Committee shall from time to time, subject to confirmation
by the membership, create standing committees, define their duties and method
of selecting the membership and chairman thereof. They shall designate one
or more persons who, together with the Commissioner, shall constitute the
official point of contact with Governmental agencies, and be so certified to
such agencies.
(2) Special committees may be created by the Executive Committee from
time to time to undertake any work of a temporary character within the scope
of the activities of the Institute of Plastic Arts.

ARTICLE 10-TENURE OF MEMBERSHIP

(1) Each member shall be entitled to participate in the activities of the
Institute of Plastic Arts and share in its benefits so long as it shall not be in
default with respect to any obligations required by it to be performed under
the terms of these By-Laws.
(2) A member may be suspended or expelled by a majority of the vote of the
Executive Committee for nonpayment of dues and/or assessments, for non-
compliance with these By-Laws and:'or for other good and sufficient cause. A
suspended member may have the right to appeal the action of the Executive
Committee and shall notify the Commissioner thereof, who shall present the
action to the membership and secure a mail vote either to sustain or rescind
the action of the Executive Committee. The polls shall be closed at the Com-
missioner's office thirty days after date of notice.
(3) A member desiring to withdraw shall notify the Commissioner in writing
at least thirty days in advance. The Commissioner shall notify the other
members of thle proposed withdrawal. If such member be not in default in
any respect whatsoever in accordance with the terms of Sections 1 and 2 of this
article, he may be permitted to withdraw.
t4) Withdrawals may be accepted only by the Executive Committee.

ARTICLE 11-ADMISSION

(1) Any qualified person, firm, partnership, or corporation may request
admission into the Institute of Plastic Arts, which request shall be referred to
the Executive Committee for investigation and recommendation.
(2) The Executive Committee shall pass upon such report at its next organi-
zation or regular meeting and may pass upon the same at a special meeting not
specifically called for that purpose. The Committee may make such investiga-
tion as'it deems desirable.
(3,) The Executive Committee's action in regard to admission of a prospective
member shall be final and the Commissioner shall within ten days notify the
prospective member of his election or rejection to membership in the Institute.









ARTICLE 12-DUES
(1) Each member shall within ten days after adoption of these Bv-Laws or
after date of his admission to the Institute of Plastic Arts, remit to the Com-
missioner, as such member's share of the annual dues for the operating fund,
an amount equal to one half of one percent of the amount of his payroll for the
next preceding calendar year, as provided i, Article 4, Section 2; provided
however, that the minimum dues shall not be less than $25 per year.
(2) Annual dues payable by members shall consist of assessments as levied
from time to time by the Commissioner as outlined in Section 1 of this article,
and of any special assessment levied in accordance with any provision of these
By-Laws and approved by the Eexeuctive Committee, and shall be paid within
ten days after notification by the Commissioner. Failure to thus pay within
thirty days shall be deemed a default.
(3) The amount assessed as special assessments on eacn member shall in all
cases bear the proportion to the total assessment, as the amount of the payroll
reported by such member for the calendar year next preceding the date of such
assessment, bears to the total amount of such payroll reported by all members for
the same calendar year.
(4) The Commissioner shall from time to time, and not less frequently than
quarterly, certify to the Executive Committee the total net expenses incurred in
the operation of the Institute of Plastic Arts.

ARITLCE 13-VOTING BI MAIL
Upon the request of four or more members of the Executive Committee, the
Commissioner may be authorized to take a vote by mail of the entire membership
on any important matter which should not be delayed until the next regular or
special membership meeting. The request for such action shall be taken up
with the Commissioner by any member who will immediately ask the Executive
Committee for its approval and upon receiving such approval from four or more
members of the Committee, the Commissioner will then send complete informa-
tion in regard to the subject to be voted on to all members, giving at least ten
days time for consideration of the matter before the date set for the actual closing
of the polls at the Commissioner's office.

ARTICLE 14-ORDER OF BUSINESS
At all meetings of the Institute of Plastic Arts and of the Executive Committee,
the following shall be the order of business:
(1) Calling the roll.
(2) Reading the Minutes.
(3) Purpose of meeting (if special meeting).
(4) Reports of Officers and Committees.
(5) Unfinished business.
(6) New business.
ARTICLE 15-AMENDMENTS
(1) The members at any annual meeting or at any special meeting (provided
notice thereof in writing, specifying the purposes of such meeting shall have been
given) may by two thirds vote of the members present, alter, amend, or repeal
these By-Laws, providing, however, the Commissioner shall have mailed a copy
of such proposed amendment to each member at least ten days before such
meeting.
(2) The articles may also be amended by a two thirds vote of the entire mem-
bership of this Institute and the vote taken by mail, providing that copy of the
proposed amendment shall be mailed to each member at least thirty days prior
to the closing of the polls.
(3) The result of such mail vote shall be reported to all members within twenty-
four hours after the closing of the polls.

ARTICLE 16-CODE OF FAIR COMPETITION
A Code of Fair Competition for this industry as required by Title 1 of the
National Industrial Recovery Act shall be adopted by the membership, recorded,
filed with and become a part of these By-Laws. The purpose of the Code shall
be to bring, insofar as may be practicable, the rates of wages paid within the
industry to such levels as are necessary for the creation and maintenance of the
highest practicable standard of living; to restore the income of enterprises within






16

the industry to levels which will make possible the payment of such wages and :
avoid further depletion and destruction of capital assets; frontftime to time to
revise the rates of wages in such manner as will currently reflect the equitable
adjustments to variations in the cost of living.

CHARTER MEMBERS OF THE INSTITUTE OF PLASTIC ARTS
Milwaukee Ornamental Plastering Co., John B. Casper, 1608 North 6th
Street, Milwaukee, Wisconsin; Fournier Studio, George J. Peterson, 854% North
.State Street, Chicago, Illinois; H. M. Stillman & Co., HR. M. Stillman, 919 E.
Garfield Avenue, Milwaukee, Wisconsin; The Fischer & Jirouch Co., George J.
Fischer, 4821 Superior Avenue, Cleveland, Ohio; Louis Ballauf & Co., Louis
Ballauf, 632 E. Grand Avenue, Des Moines, Iowa; Jacobson & Co., Victor Jacob-
son, 239 E. 44th Street, New York City, N.Y.; Voigt Co., A Volker, Jr., 12 Mont-
gomery Street, Philadelphia, Pennsylvania; American Studio, P. K. Kufrin,
2215 Ogden Avenue, Chicago, Illinois; Victor Berlendis, Inc., Victor Berlendis,
1425 Kentucky Avenue, Saint Louis, Missouri; Plastic Relief Manufacturing
Co., Win. Hess, 1959 Fulton St., Chicago, Illinois; Southern Plastic Relief Co.,
John H. Bianchi, Dallas, Texas; Grisanti Statuary Co., Z. Grisanti, 304 South
-Campbell, Louisville, Kentucky; Washington Ornamental Co., Inc., Nicholas
Carosi, Rear 1313 13th Street, NW., Washington, D.C.; Detroit Decorative
Supply Co., Frank A. Maslen, 4240 14th Street, Detroit, Michigan; McNulty
Brothers Co., Eugene Romeo, 1028 West Van Buren Street, Chicago, Illinois;
Decorators Supply Co., R. H. Spindler, 2547 Archer Avenue, Chicago, Illinois;
Architectural Decorating Co., R. F. Schmidt, 1600 South Jefferson Street,
Chicago, Illinois.
I, Edw. Wmin. Krueger, Commissioner of the Institute of Plastic Arts, do
hereby certify that the above is a true and correct, copy of the By-Laws of the
Institute of Plastic Arts adopted at the organization meeting held July 31 and
August 1, 1933 at 1028 West Van Buren Street, Chicago, Illinois, and in testi-
mony thereof I have hereunto affixed my official signature in the City of Chicago
on this 4th day of August, 1933.
EDW. WM. KRUEGER,
Commissioner.

INSTITUTE OF PLASTIC ARTS-MINUTES OF THE ORGANIZATION
MEETING OF THE EXECUTIVE COMMITTEE HELD AT 1028 W. VAN
BUREN STREET, CHICAGO, ILLINOIS, TUESDAY, AUGUST 1, 1933
The meeting was called immediately following the adjournment of the organi-
zation meeting of the Institute of Plastic Arts. Mr. Edw. Win. Krueger presided
as temporary Chairman.
Present were: George J. Fischer, Eugene Romeo, Victor Jacobson, R. W. Spind-
ler, R. F. Schmidt, Alfred Volker, Jr., John H. Bianchi, Edw. Win. Krueger.
The purpose of the meeting was to elect a Chairman and Secretary, pass on
the applications for "Charter" members received at the organization meeting of
the Institute of Plastic Arts, and to appoint a commit-tee to attend the convention
of the Modelers and Sculptors in Washington, D.C., on August 7, 1933; and also
'to confirm election of Commissioner.
Upon motion duly made and carried Mr. R. F. Schmidt was nominated for
Chairman of the Executive Committee for a period of one year and until his
successors is duly elected and qualified.
There being no further nominations, on motion duly made and carried,
Mr. R. F. Schmidt was elected Chairman of the Executive Committee.
SMr. R. F. Schmidt then took the chair.
Upon motion duly made and carried Mr. Edw. Win. Krueger was elected
Recording Secretary for a period of one year and until his successors is duly
*elected and qualified.
Upon motion duly made and unanimously carried the following concerns were
declared "Charter" members of the Institute of Plastic Arts:
Milwaukee Ornamental Plastering Co., John B. Casper; Fournier Studio,
George J. Peterson; H. M. Stillman & Co., H. M. Stillman; The Fischer & Jirouch
'Co., George J. Fischer; Louis Ballauf & Co., Louis Ballauf; Jacobson & Co.,
'Victor Jacobson; Voigt Company, A. Volker, Jr.; American Sthdio, P. K. Kufrin;
Victor Berlendis, Inc., Victor Berlendis; Plastic Relief Manufacturing Coi,
'Wm. Hess; Southern Plastic Relief Co., John H. Bianchi; Grisanti Statuary Co:,
Z. Grisanti; Washington Ornamental Co., Inc., Nicholas Carosi; Decorators







17

Supply Co., R. H. Spindler; Detroit Decorative Supply Co., Frank A. Maslen;
McNulty Brothers Co., Eugene Romeo; Architectural Decorating Co., R. F.
Schmidt.
Upon motion duly made and carried, Messrs, A. Volker, Jr., R. F. Schmidt,
Victor Jacobson, and Edw. Win. Krueger were elected as a committee to represent
the Institute of Plastic Arts at the convention of Modelers and Sculptors in
Washington, D.C., on August 7, 1933.
Upon motion duly made and carried the election of Mr. Edw. Wm. Krueger as
Commissioner of the Institute of Plastic Arts by the members of the Institute at
their organization meeting is hereby confirmed.
Upon motion duly made and carried the meeting was adjourned.
R. F. SCHMIDT, Chairnan.
Attest:
EDW. WM. KRUEGER,
Secretary.

INSTITUTE OF PLASTIC ARTS-MINUTES OF THE ORGANIZATION
MEETING OF THE EMERGENCY NATIONAL COMMITTEE HELD AT
1028 W. VAN BUREN STREET, CHICAGO. ILLINOIS, TUESDAY, AUGUST
1,1933

The meeting was called immediately following the adjournment of t lie Executive
Committee meeting of the Institute Plastic Arts. Mr. Edw. Win. Krueger acted
as temporary Chairman.
Present were: George J. Fischer, Eugene Romeo, Victor Jacobson. R. W.
Spindler, R. F. Schmidt, Alfred Volker, Jr., John H. Bianchi, Edw. Win. Krueger.
The purpose of the meeting was to elect a Chairman and Secretary and to
appoint a committee to file the Code of Fair Competition adopted for the Pla.-.tic
Arts Industry by the Institute of Plastic Arts with the proper Governmental
agencies in Washington, D.C., for the approval of the President of the United
States.
Upon motion duly made and carried Mr. R. F. Schmidt was nominated for
Chairman of the Emergency National Committee for a period of one year and
until his successor is duly elected and qualified.
There being no further nominations on motion duly made and unanimously
carried Mr. R. F. Schmidt was elected Chairman of the Emergency National
Committee. Mr. Schmidt then took the chair.
Upon motion duly made and carried Mr. Edw. Wm. Krueger was elected
Secretary for a period of one year and until his successor is duly elected and
qualified.
Upon motion duly made and unanimously carried Messrs: Al.fred Volker, Jr.,
R. F. Schmidt, Victor Jacobson, and Edw. Wmn. Krueger were elected as a com-
mittee to file the Code of Fair Competition adopted by the Institute of Plastic
Arts for the plaster arts industry with the proper Governmental agencies in
Washington, D.C., for the approval of the President of the United States. Said
committee is hereby authorized to represent the Institute of Plastic Arts in all
matters pertaining to the Code and is vested with the authority to agree to such
changes in the Code as may be suggested by the President, or his representatives.
Upon motion duly made and carried the meeting was adjourned.
R. F. SCHIMDT,
Chairman.
Attest:
EDW. WM. KRUEGER,
Secretary.

















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