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- Amendment to code of fair competition for the asphalt shingle and roofing manufacturing industry as approved on March 21, 1935
- United States -- National Recovery Administration
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- Washington, D.C
- U.S. Gov. Printing Office
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- 5 p. : ; 23 cm.
- Subjects / Keywords:
- Shingle industry -- Law and legislation -- United States ( lcsh )
- federal government publication ( marcgt )
non-fiction ( marcgt )
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- Also available in electronic format.
- General Note:
- Cover title.
- General Note:
- "Approved Code No. 99-Supplement No. 1 ; Registry No. 1063-1-01"
- Source Institution:
- University of Florida
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- This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. Â§105.
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NATIONAL RECOVERY ADMIINISTR~ATION
CODE OF FAIR COMPETITION
ASPHALT SHINGLE AND ROOFING
For sale by the Superlintende-nt of Documents. W'ashinglon, D. C:. - Price 5 cents
Registry No. 1003--1--01
WE Do OUR PART
DIVERSITY Ul- rounum"
31282 08482 92
AS APPROVED ON MARCH 21, 1935
GOV'ERN MIEN F PRINTING OFFICE
This publl it at ion is for' Palec by the Supjeri ntenden~lt oif Dcu:i11in -ts. Governmenlll!lt
P'rintine~ Offiece, Was;hingtonu D. C., and by, the folhav\\ing N. R. .4. Iatil -s:
Artlainto, Ga.: 625 Citizenis & Southern Natialul~l Dun:k B~uildling.
Balt~imor~le, Md~.: 130 Custombouse.
BI~inuin:.huburn, Ala.: 2011 Liberty Naltional L~ife Buibrlin~.
Boston, Mass. : Room 1200i, bu, Federa!;l Strceet.
Buff'allo, N. Y.: 219 White B3uild-ing.
Chicago, Ill.: Room 204~, 40tc NR'lth, Mic~hi~anu Avenlue.
Cleveland, Ohio: 320 Bulklycg Builldingf.
Dallas, Tex.: 1212' Rep~ublic Bank11 Buildling.
Detr~oit, illich.: 415 New Federal Bulildling.
Housltcln. Tex.: -013 M~ilam Buibtling..
Jack-sonville, ]Fla.: 425 United States Courthousel~c andlr Po--t Offce
Los Angleql s. Calif.: 7;51 Finneronl,; Stleet, $Iouthl.
Louisville, Ky.: 408 Fedteral Building.
Illinnenlpolis. MIinn.: 900 Rtoanoke BuildingF.
N;ushr~ille. Tenn.: 415 Cotton States BuibtlineL.
N~ew Orlenus11. La.: 214 Custombouse.
N~ew York, N. YE.: 45 Broadwalm y.
Okrlahomanr City, Okrla.: 427 Commaerce Exchange~q Buib~ling~.
Philadelphia, Pa.: 933 Commercial T'rust Buibliner.
Pittsburgh, Pa.: 401 Law and Finance Buiblline.
Portlandlt, Oreg.: 407 Park Bu~~ilding.
Provritc~e. R. I.: N'ational Exchange Bankl B~uiblinn, 17; Exc~hang
St. Louis, Mllo.: Suite 1""20, 506 Olive Street.
San Francisco, Calif.: Hum~bolt Bank~ B~uildlinp, ~STS3 Market Stree~t.
Seattle, WOash.: 17::0 `Ext bunl: ce Buildfing.
Approved Code No. 99--Amendment No. 1
AMlEND)[ENT TO[` COD)E: OF FAIR COMPETITION
ASPHALT SHINIIGLE ANJD ](ROOFING
~As Approved on March 21, 1935
Arenov\ISa AMIENDMIENT OF CODE OF FAIR COMPI~E)TITIONS FOR TH-E
ASPfH[A~LT SH-INGLE AND ROOFING LINUFACTERINGI~ INDUSTRY
An application having been duly made pursuant to and in full
compliance with. the provisions of TIlitle I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amendm-
mentt to a Code o~f Fair Competition for the Asphalt Shingle and
Roofing Mannufacturlbr ng I~ndut~ry, and heailngsi having~ been duly
held thereon and the annexed report on said anieltendment, containing
findings w~ith respe:'ct thnereto, having been made and directed to the
NOW, TH-EREFORE`, on behalf of the President of the U~nitedl
States, the National Industrial ]Recovery Board, pursuant to author-
ity restel 'in it by ]Executive orders of the President, including
Executive Order .No. 6859, and otherwise, dc.es hereby incorporate
by re'ference't, said annexed report and dJoes find that said al~cnlendanent
and the Code as conlstitultedl after being amendedcC'~ comply in all
r~ecpec~t- with thne pertinent provisions and will promote the policy
and purp'1oses of said title of said act, and does hereby order that
said ninlel~ndent. be and it is hereby1,3 approved, ancd that the previous
approval of said Code is hereby amnd~cled. to include an approval of
said Code in its entirety as amlelnded, such al-pprova-l and such amnend-
menc-t to takre effect twenty (20) days from the date hereof, unless
good enuse; to the co~ntrar1y is show-n to the National Indu~strial
R~cov~ery~ Board before that time and the National Industrial Rcvc,--
ery Board issues a -ubsequen"t order to that effect; provided, however,
that such~1 approval and such amendment shall remainn in effect until
m~odifiedl- or terminated by a fuxrther order of thze National Industrial
NlrATIONAL INDIESTRIAL~ TZIC.(OV~Fn BOARD,
By W'. A. HAnRRIAlN, Adlminzistrativue Officer.
WN. P. ELLUS,
Division Admid-strolor4 f.(IfI 1
WaSmSawSCT, D. C.
March al, 1935.
120254* "-1603-111--35 (11~
REPORT TO THIE PRESIDENT
Thre Tlite~ Hliourse.
SIR: An applientio~n has been duly madle pursuant to and~ in full
compliance withl the prov~\isions of the Na~tionlal Ind~ustr~ial Re~Covery'
A~ct for an ame~cltlltndmn to the Code of Fair' Comlpetitionl fo thle
Asp'hnlt .Shingle and Roofing Malinufacturing Indlust~r, sutbmintted
by the Code A~uthority for the Asp~halt Shingle and Roofinlg lunnu-
The purpose andc effect of the amenlndment~l is to provide~lr thant those
members of the Indlustry who mnay desire to do so many llente intio
an aglI~reement among themnselves for paym'nent o~f liquridated~ darmages~
upon dleterm~-ination by the National Industr~ial R~cov~\er~y B~oned!. o
other agency estabrrlished as provided in thne crmendmnent, of viola-
tion of any provision of the Code of Fair Competitio~n for the
ACsphalt Shingle and Roofing M~anufa~ctur~ing Industry.
T1Che Dleputy Administrator in his final report to us on snid amnendl-
mle~nt. to said Code having found as herein set forth and on, the basis
of all the proceedings in this matter:
Wte find that:
(a) The amlendmlent to said Code and the Codle as amnendedt are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery- Act including the remnoval of ob-
structions to thne free ~flow of interstate and foreign conulnerce which
tend to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooper~atie. action of labor and management under adequate
grover~nmntal sanction an daupllerv\ision, by chma~nating unfair comp-
petitivee practices, bly promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restr~iction of production exceptt as mnay be temporarily req~cuir~ed),
by increasing the consumption. of industrial and agricultural prod-
ucts th rougrh inc rens~i ng pu~~rchasnil ng ower, by redclrling and relievingyohews
unemployment, by imlproving standards of labor, andbotewe
(b) The Code as amended comYplies in all respects with the per~ti-
nent provision of said title of said act, including without limitation
sulbsertion (a) of scc(tion 3, subl. -ctio~n (a) of section 7 and subs~c'Ctionl
(b) of section 10 the~reof.
(c) Thle amendmentlll and the Code as amlendced are not designedcc
to and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amndedr~l are not designled
to and will not eliminate or opprest~s small enterprises and will noti
oper~ate to dliscrimninutet against, the~m.
(e) Those engaged in other steps of the economic plirocss hav\e
not been dep-rived of the right to be heard prior to approvl~c\ of
Sn1idl amendmenl~llt .
For these reasons, therefore, we have a~ppr~oved this am~endmelnnt
Fior the Nationlal Inldrlstrial XRcoverycl Board:
W. A. HannotaxN,
Admtlin ist ifrraiti Offeeri.
RTfrrnon 21, 1935.
AMRENDMENT TO CODE OF~i FAIR COMPETITION FOR
THE ASPHALT SHINi~ GLE: AND ROOZFI~NG MAlNU7FAC-
ARTICLE, XIV--LIQUSIDATED) DAMAGE: AC~l!TEIEME
Recognizing that the violation by any member of the Indus~~try of
an~y provision of this Code will disrupt the normal course of fair
complletitio~n in the industry and cause serious damage to others, and
that it will be impossible accurately to determined the amount of such
damage, it is hereby provided that those members who may desire
to do so may enter into an agreement among themselves em~bodyingr
the following provisions:
SECTION 1. Each member of the Industry assenting to the agree-
ment and violating any provision of this Code shall pay to the
Treasurer of the Code Auathority, as an individual and not as Treas-
urer, in trust, as and for liquidated damages, upon determination of
violation. by the National Industrial Recovery Board or any imn-
partial agency or person nominated by the Code Authority or des-
ignlated by the assenters to this agreement and approved by the
National Industrial Recovery Board, amounts as set forth below:
(a) For the violation of any wvage pr~ovision, an amount equal to
the difference between the wages which have been paid and the \\-ages
which would have been paid if the member had complied with? the
applicable provisions of the Code;
(b) For the violation of any hour provision, an amount equal to
thet wages payable for the overtime at the regular rate payable under
the terms of the Code, to the employee or employees w~ho workedl
(c) For the violation of any labor provision~ of the Code oth-er
than an. hour or wage provision, one hundred ($100.00) dlollzr~s;
(d) For the violation of any provision of th~eCod~e (other than a
labor provision) involving a transacf~tionl incidental to or connected
with a sale o-f any product of the Industry, anl amount equal to
twenty-five percent of the actual selling price of the product soldl in
-iojlationl of any such provision, or of the net price at which the
products should have been sold under the Co<;1e, if dect(ermiln Ible,
whichever is the higher;
(e) For the violation of anly provision of the C~ode (other than a
Inbor provision) not involving a transaction incidental to or conl-
nected with a sale of any product of the Industry, Tw~o hundred and
fifty ($2;50.00) dollars.
Seenos 2. Each nwmbnler of the Industry ns. enti lgr to this article
shall furnish the Treasurer of the Code Authority, as an individual,
w~ith the bond of a surety company, approved for the purpose by
the Code Authnority, providing for thle payment to the Treasuserlt'l
by said Surety Comlpany of any and all damangres, payable from
time! to time by such member to the Tr~eas~urer, indlividually,, pur-
,ciant to the pr~ovisionsl of thiis artic~le. The boind so furnishedt shall
be in the form1 approuv dc byv thle Codelc Authority. All sulch~ pay-
Iident shall be due and payable by~ thle Surety Comp~any p~romptlyv
uIpon receipt of a certifka~te of thle C'ode Aulthor~ity, signed~ by the
Chairmniiin- or by anly three mlemler~s the~reof, certifying to the Surety
Comprllanyy that damagess in a spec~ifed am~ount. have been duly as-
ses~c~ ed ainsit said member pursu~~ ant to th~is article; that demlandl
for the payment thereof has b~een dluly~ mlade uplon said~ memberi
of the I~ndustry;S that three dlays hav\e elopsed since such demandl
and that the said damages have not been paid. The bond so fur-
Iished~ shall be inl a sum deetermlined by\ thle Codle Autho~ityl with~
the approva\.l of the memlber f~r~nishiing the sam11e bult such'I sum11 shall
in no case be less than $5,000l.00 nor morle than $50,0)00.00. Thle
member furnishing the bond shatll ma~intain the samne in effect dlur-
ingf the life of this agreement. In1 the event. o~f an assessment for
dflrlamag being set asidte, the Tr~ea~surle r shall r~eturn to th~e mlembetr~
of the Industry or to the Sure~tyt C'ompany,? which\erer panid thed
same-l, any amount found to have been improperly assersed.
SEcTIrms 3. All amounts so p-aidl to or' collected by th~e Trea~surler
of the Code Authority, undler the prov~isions of thlis Ar~ticle, shall
be applied byT him as follows: F~irs~t. if the violation shanll hav\e been
of a labor provision of the (Cole, eqluitable dlisjtributio n of all dam-
ages plaid th~eretfor shaill be mlade amo~c ng all emnployees dir~ectly af-
fected b~y such violationi; S~ond~, if thle violatioi~snll sh ll ve been41
of a Code provision other thaln a Ilabor pr~ovision, the damlage~s arli -
ingf therefrom shall be utilizedc to- dlefr~ay prloper expeCnSes of Clode
Admninist~ten in,, and the balance, if any, r~emiaining in th~e hands of
the Treas-ur~er shall be distribuitedl smi-anniual~"ly n~ amomr mlembers of
thre Industry who have assented hereto and who have not bceen
de~termined to have been guilty bf a violation of a Code provision
during the preceding seml-i- unnul period, on the basis of the mosct
re(.c-(nt, assessment made against members of the Indlulltry- for the
expense of Code adminiit r~ation.
Src'.TNo 4. Assentf to this article by any memblller of the Indusltr'y
shall be evidt-ncedll by a signed statement signifying ass~ent, filed.
with the Code _Authority. Failure to assent to this Article shall
not deprive any member of anly other right or privilege under th-e
Codle. By so ass.enltinlg, eachl member agrrees with every other mem-
ber and the Trcnclrler individually (1) that viorlation of a Code pro-
vision shall breach(.1 this agreement and shall render the violator
liable for the payment of liquidantedl (lamages~ as herein provided,
(2) all rights and causes of action arising hereulnder are assignedl
to thle Trealsure~r, indivilarnlly and in trust, and (3) that t~he Treas-
ur~er, ats such assignee and as attorney in fact for each assernting(
member, may talke all pr~opeir legal action cocnc~ernill lnlgc daag foundll
Smlow 5~rN I. TChe Code Atluthority may- waive liab~ility for payment
of 1;jliquidated tlamagnes for anly viollntioln it finds to hlave been inno-
cently made and resulting in no material injury, and may reduce thle
amount of dlamages assessedl against a member of the :Indlutry. If,
in the opinion of th~e Code Authority, such r~eduction in the cuse
under cornsid7er1ationl would be equlitablle and would fur~ther th~e pur'-
poses of tlx, NTa t ional Industrial RecoveryS Act.
SrxneT T N rG. Th~e T1c lren-m- of t-he Code Au!!l~nrity as~ an ilnlivicdud~,
na1I l not n.'. 'Treasurer, by acceptiing office or (':lltinuingl inl attiC.!,
alccens'- thc truslt e-tab~li-hod byJ th~i-, contract and!t ;:gree-, to p~erfunoi i
thle du~ties o~f Trus~tee herecunder until htis su~ccessor in office mlay have
Sunosrc, i. This contract mlay be terminatedl by vo-te oft twvo-thirds
(2;;) oIf ther parties hereto, such t!''lininat~ion to take3 efect inunediately
up-Ion notice in wrlitine to said Tr~easurer of thle Codle Aulthority;
provirdedc, holi-l.\ever, such~a termlinatio n shall not relieve anly mremrber
from. payment of liquidantl! damagest- dlue als a resu:tlt of any violation
commrittedi prior to -nill termination.
Scen 8. No n rc'lntabad h!:nerein~~ o s hal e enct.-true for l applI)
to a) eprve ny erson of any righrlt o)r r~ighlt of action arising out
contractual or legal oblligation arisingS ou-t o.f this Code or of the
ALct or otherri-ise~(; nor shall violation of this agral~ on!1 at by an alssent-
ing member be deemed a violation of the Code, so as to subject the
violator to anly Ccon~-iequi.lnee ori'jing under Sceion 3 (b), Section
3 (c), or Section 3 (f) of the Nationa~l I~ndusl-trial Recovery~ Acl~t, nor
to any cl'lriminal pclrecenition of any kind.
AI~lfa oval (' sh* Niro. 90f-AmilendmrenNo 1
i1i IIII I 3 1262 08482 9224 _ _ _ --amendment No. I Registry No. 1003-1-01 NATIONAL RECOVERY ADMINISTHATION AMEND MENT TO CODE OF FAiR COMPETITION FOR THE ASPHALT SHINGLE AND ROOFING MANUFACTURING INDUSTRY AS APPROVED ON MARCH 21, 1935 WE DO OUR PART UNITED STATES GOVERNMEN f PRINTING OFFICE WASHINGTON: 1935 Filr sal e by the Superintendent of Documents, Washington, D. C. -----Price 5 cents
Tllis publi ation i s for ale by the Superintendent of Document::.:, Government Printing Office, \Vashington, D. C., and by the follov\ing N. R. .. offir e. : Atlanta, Ga.: 6:!5 Citizens & Southern Kational Rwk Building. Baltimore, Md.: 130 Cu t omhou;O;e. Birmingham, Ala.: 201 Liberty National Life Building. B o ton, l\Iass.: R oom 1200, 0 F eclern l Street. Buffalo, N. Y.: 219 White Building. Chicago, Ill.: Room 204, 400 Korth Michigan Cleveland, Ohio: -20 Bulkley Building. Dallas, Tex. : 1212 R epublic Bank Building. Detroit, Mich.: 415 New Federal Building. Houston, Tex. : 403 l\Iilam Building. Jacksonville, Fla.: 425 United State Comth use and P t Office Builc.lin o. Lo. Angeles, Calif.: 751 Figueroa Str et, South. Loui >ille, Ky.: 40 Federal Building. l\Iinneapoli . l\linn. : 900 Roanoke Building. Na hville, Tenn.: 415 Cotton States Building. N ewark, N. J.: 434 Indu. trial Offi ce Building, lOGO Broad Street. New Orleans. La. : 214 Customhouse. New York, N. Y.: 45 Broadway. Oklahoma City, Ok la.: 427 Commerce Exchange Buillling. Philadelphia, Pa. : 933 Commercial Trus t Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg. : 407 Park Building. Providence, R. I.: Kational Exchange Bank Building, 17 Exchange Street. St. Louis, Mo.: Suite 1220, 506 Olive Street. San Franci co, Calif.: Humbolt Bank Building, 785 l\Iarket Street. Seattle, Wash.: 1730 Ex hanp:e Building. (II)
Approved Code No. 99-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE ASPHALT SHINGLE AND ROOFING MANUFACTURING INDUSTRY As Approved on March 21, 1935 ORDER APPROVING AuENDl\1E T OF CoDE OF FAIR Col\IPETITION FOR THE AsPHALT SHINGLE AND RooFING :bfANUFACTURING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Indu trial Recovery Act, approved June 16, 1933, for approval of an amendment to a Code of Fair C01npetition for the Asphalt Shingle and Roofing Manufacturing Industry, and hearings having been duly held thereon and the annexed report on said amendment, containing findings with respect thereto, having been made and directed to the Pre ident: N OvV, THEREFORE, on behalf of the President of the United States, the National Industria l Recovery Board, pursuant to authority vested ' in it by Executive orders of the President, including Executive Order No. 6859, and otherwise, does hereby incorporate by reference, said annexed report and does find that said amendment ai1d the Code a con tituted after b eing amended comply in all respects with the pertinent provisions and will promote the policy and purposes of said title of said act, and does hereby order that sail amendment be and it is hereby approYed, an l that the previous approval of said Code is hereby amended to include an approval of aid Code in it entirety as amended, such approval and uch amendment to take effect twenty (20) days from the late hereof, unle . oood cause to the contrary i s s hown to the National Industrial Recovery Board before that time and the National Industrial Recovery Board i ss ues a s ub equent order to that effect; provided, however, tl1at s uch approval an l u c h amendment shall remain in effect until modified or terminated by a furthe r or ler of the National In lu trial Recov ery Board. NATIONAL IND STRIAL REcovERY BoARD, By \V. A. HARRil\IAN, 1dministtative Officer. Approval recomm ended: \V. P. ELLIS, Division Administratm-. \V ASHINGTO :r' D. c. lJ;Jwch f21, 1935. 12 3254----1603-111----35 (1)
REPORT TO TI-IE PRESIDENT The PRESIDENT, The White Hous e . Sm: An application ha been duly made pursuant to and in full comp li ance with the provi ions of the National Indu trial Recovery Act for an amendment to the Code of Fair Competition for the Asphalt Qhingle and Roofing 11anufacturing Industry, submitted by the Code Authority for the Asphalt Shingle and Roofin g 1\'Ianu facturing Industry. The purpo e and effect of the amendment is t o provide that tho e members of the Inclu try who may desire to do so may enter into an agreement among themselves for payment of liquidatod damages upon determination by the National Indu trial RecoYe r y Board or other agency e tablished as proYided in the amendment, of v iolation of any proY i sion of the Code of Fair Competi tion for the Asphalt Shingle and Roofing Manufacturing Industry. The Deput y Admini trator in his final report to us on said amendment to aid Code having found as herein set forth and on the ba is of all the proceedings in this matter: We find that : ( a ) The amendment to said Code and the Code as amended are well designed to promote the policies and purposes of Title I of the National Industrial Recovery A c t including the removal of obstructions to the free flow of interstate and foreign 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 of labor and management under adequate governmental sanction an dsupervision, by eliminating unfair competitive practic es, by promoting the fulles t pos s ible utilization of the present productive capacity of industries, b y avoiding undue restriction of production ( excep t as may be temporarily required), by increasinO' the consumption of industrial and agricultural product through increasing purcha ing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) The Code as amended complies in all respects with the pertinent provi ion of said title of aiel act, including without limitation sub ection (a) of section 3, subs ection (a) of sectio n 7 and s ub section (b) of section 10 thereof. (c) The amendment and the Code as amended are not de ignecl to and will not permit monopo li es or monopolistic practices. (cl) The amendment and the Code as amended are not designed to and will not eliminate or oppress small enterpri es and will not 01 erate to discriminate against them. ( e ) Those engaged in other steps of the econom i c pro e have not been deprived of the right to be heard prior to approval of sail amendment. For the e reas ons, therefore we have approve l thi amendment. For the National Indu trial Recovery Board: ,v. A . HARRIMAN, A cl1ni n is t1'ati v e 0 ffice?. MARCH 21, 1935 . ( 2 )
TO CODE OF FAIR CO:MPETITION FOR THE ASPHALT SHINGLE AND ROOFING MANUFAC TURING INDUSTRY ARTICLE XIV-LIQUIDATED DAl\fAGE AGREEMENT Recognizing that the violation by any member of the Industry of any provi ion of this Code will disrupt the normal course of fair competition in the industry and cause serious damage to others, and that it will be impos s ible accurately to determine the amount of such damage, it is hereby provided that those members who may desire to do so may enter into an agreement among themselves embodying the following provisions: SECTION 1. Each member of the Industry assenting to the agreement and violating any provision of this Code shall pay to the Treasurer of the Code Authority, as an individual and not as Treas urer, in trust, as and for liquidated damage , upon determination of violation by the National Industrial Recovery Board or any impartial agency or person nominated by the Code Authority or designated by the assenters to this agreement and approved by the National Industrial Recovery Board, amounts as set forth below: (a) For the violation of any wage an amount equal to the difference between the wages which have been paid and the 'vage which would have been paid if the member had complied with the applicable provisions of the Code; (b) For the violation of any hour provi ion, an amount eq ual to the wages payable for the overtime at the regular rate payable under the terms of the Code, to the employee or employees who worked overtime; (c) For the violation of any labor provision of the Code other than an hour or wage provi ion, one hundred ($100.00) dollars; (d) For the violation of any provision of the Code (other than a labor provision) involving a tran action incidental to or connected with a sale of any product of the Indu try, an amount equal to twenty-five percent of the actual elling pri e of th prvdu t old in violation of any u c h provi ion, or of the net price at which the product should have been sold und.or the Code, if determinable, whicheYer is the higher; (e) For the violation of any pro vi ion of the Code (other than a labor provision) not involving a transaction incid ental to or con nected with a sa l e of any product of the Indust ry, Two hundred and fifty ($250.00) dollars . SECTION 2. Each member of the Industry as enting to thi article shall furnish the Treasurer of the Code Authority, as an individual, with the bond of a surety company, approved for the purpose by the Code Authority, providing for the payment to the Treasure r by said Surety Company of any and a.ll damages, payable from (3)
4 time to tin.c by . uch memb r to the Trea,:;urer, individually, pur to the provi ion of this article . The bond so furni heel shall Le in the fol'm approYed by the Code Authority. All such pay rnent -hall Le clue and payable by the Surety Company promptly npon receipt of a certificate of the Code Authority, signed by the ( 'hairman or by any three members thereof, certifying to the Surety Company that damages in a specified amount have been duly as .-e eel again t aid member pur uant to this article; that clemantl for the payment thereof ha been duly made upon said member of the Indu. try; that three day have elap eel since such demand, and that the said damages have not been paid. The bond so fur ni heel shall be in a sum determined by the Code Authority with the approYal of the member furnishing the same but such sum hall in no ca e be less than $5 000.00 nor more than $50,000.00. The member furni hing the bond shall maintain the same in effect during the life of this agreement. In the event of an asse sment for damages being set a ide, the Treasurer shall return to the member of the Indu try or to the Surety Company, whichever paid the same, any amount found to have been improperly assessed. SECTION 3. All amounts so paid to or co,llected by the Treasurer of the Code Authority, under the provisions of this Article, shall be a pplie l by him as follows : Fir t, if the violation shall have been of a labor proYision of the Code, equitable distribution of al.l dam ages paid therefor shall be made among all employees directly af fected by such violation; Second if the violation shall have been of a Code provision other than a labor provision, the damages arising therefrom hall be utilized to defray proper expenses of Code Administration, and the balance, if any, rem .aining in the hands of the Treasurer shall be eli tributecl semi-annually among member of the In lustry Ylho have as ented hereto and who have not b een tletennined to have been guilty of a violation of a Code provision during the preceding semi-annua l period, on the ba is of the mo s t recent as essment made again t members of the Industry for the expen s e of Code admini tration. SEcTION 4 . Assent to thi article by any member of the Indu. try b e eYidenced by a signed statement signifying a sent, filed with the Code Authority. Failure to a ent to this Article shall not clepriYe any member of any other right or privilege under the ('ode. By so a . enting, each member agrees with every other m -mber and the Trea urer, indiYidually (1) that Yiolation of a Code pro Yis ion . hall brea h thi agreement and shall render the violator liable for the 1 ment of liquidated damage as herein provided, (2) all right and cau es of action ari ing hereunder are assigned to the Treasurer, individually and in tru t, an l ( 3) that the Trea urer, a s uch a . s ignee and a attorney in fact for each a enting member : may take all I rop e r legal a tion concerning damage found du e her under. RECTION 5 . The Code Authority may ''aive liability for payment of liqni 1ate l damaoe for any violation it find to have be n inno cently made andre nlting in no material injury, and may redu e the amonnt of damages a . e _ eel against a. member of the Indu try. If, jn the opinion of the Code Authority n h redu tion in the ca e under consideration woull be equitable and would further the purl o e of ational Inclu trial Recoyery Act.
G. The Tren urer of the Code R an in l_iyjcluat flT1cl not as Trea, nrer, by n cepting offic m ct)njnnino in offico: acc-.pts the tru s t e::.,tabli.h ecl b y t hi. anc.I to perform the L1utie. of Tru:tec hercunc1 e r until his in offi may haY been appointed. 7. Thi. contract n1a ; b!... terminatocl by Yob of hv -third (73) of the parties hereto, s u c h 'termination to e1Ic('t jmnwcliat e l y upon noti e in to sJicl Trea nrer of the CoJe \.uthority; provided, h \\"eYer, such termination . . hall not relieYc any m en b e r from payment of liqujdatecl clamaf!e. clue a. a l'('Fnlt of any Yiolatiun committed prior to said tenninntic n. SEcTrox . Nothing coLtainccl lwre in b constru e d or a ppliecl to (a) clepriYe any p e r "on of an:; right or r ight of a tion a rising out of thi Code, or (b) relic-vo any Inemb"r of t h e Indus t r y from any contractual or lpoal obligation a rising on t of thi Code or of the A-t or o therwise ; nor . hall Yiolution of thi by an assent ing member be deemed a viol ation of the Code o a to ubject the Yiolator t o any co n,;eq n e nce ari ing u nclnr S2dion 3 (b), Section 3 ( c), or Section 3 (f) of the National Industrial R eco v ery \.ct , nor to any criminal pro ecution of any kin 1. Al!Dtu yec1 Coc1e X o . 99-Ame nclmel t " o. 1. R gi::;try ?\o. 100 3-1 01. 0