Citation
Amendment to code of fair competition for the funeral supply industry as approved on April 13, 1935

Material Information

Title:
Amendment to code of fair competition for the funeral supply industry as approved on April 13, 1935
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
7 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Funeral supplies industry -- Law and legislation -- United States ( 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. 307-1-01."
General Note:
"Approved Code No. 90--Amendment No. 3."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004930313 ( ALEPH )
643339019 ( OCLC )

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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAI R COM PETITION

FOR THE


FUNERAL SUPPLY INDUSTRY


I *9
Forsalebythe SuperintendenrtofDocuments WashingtonD).C. - Pricej centsJ


Approved Code No. 90-Aanendment No. 3


Registry No. 307--1-01


AS AgPROVED ON APRIL 13, 1935


WE DO OUR PARt


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935

























This publicsntion is for sale bry thle Superintendent of Documents. Government
Printing Office, Washlington. D. C'., nod by the following N. R. A. offices:
Atlanta, Ga.: 625' Ci'tizens & Southern National Bank Building.
Baltimore, ~d. : 1.3r C'ustomhooue.
Birm~inghnm, Ala.: 201 Libejrty National1 Life Building.
Boston, Miass.: Rooml 1200,. 80 Ftlederal Street.
Buffalo, N?. YI.: 219 Whlite Building.
Chicaigo, Ill.: Roomz 2041, 4100 North lific~higan Avenue.
Cleveland, Ohio: 520: Bulkley Buildling.
Dallas, Tex.: 1212 Replub~lir Banik Buildling.
Detroit, Mich.: 4115 New\ Fed~eral Buildling.
Houston, Tex.: 403 lullam Building.
Jackrsonville, Fla.: 4J25 United States Courth~ouse and Post Oflee
Building.
Los Angeles, Calif.: 751 Figueron Street, South.
Louisville, Ky.: 408S Federal Building.
Mliunenpolls. Mlinn.: 900 Roanoke Building.
Na~shville, Tenn.: 415~ Cotton States Buildling.
N~ewark, N. J.: 434 Industriall Office Building, 1060 Broad Street.
New Orleans, La.: 214 Custombouse.
New Yorkr, N. T.: 45 BroadwayS.
Oklahoma City, Okrla : 07 Commercle Exchange Building.
Phiiladelphin, Pa.: 9~33 Commercial Trust Building.
Pittsburgh, Pa.: 4101 Law and Finance Building.
Portland, Oreg.: 4107 Park Build~ing.
Providence, Rt. I.: National Exchangre Bank Building, 17 Exchange
Street.
St. Louis, Mo.: Suite 12201, 500 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, T~S5 Manrket Street.
Seattle, W~ash.: 1730 Exchang~e Building.












Approved Code No. 90--Amendment No. 3


AMIENlDMVENT TO CODE OF FAIR CO'MPET`ITIONJ
FOR THE

FUNERAL SUIPPLYS~ INDUSTRY

As Approved on April 13, 1935


ORDER

ArnsovIwo AMCENDM[ENTI OF CODE OF PAIR COMPETITION FOR THEI
S FUNERAL SUPPLY I[NDUTSTRYP
An application having been duly made pursuant to and in full com~i-
pliance with the provisions of Tjitle I of the National Industrial
Recovery~ Act, approved June 1i, 1933, for approval of Amnendments
to thle Code of F'air Comnpetition for the Funeral Supply Industry,
andl a Public Hernling having been duly given thereon and the an-
nexedl report on said Amendments, containing findings with respect
thlereto, having been made and directed to t~he P~resident:
NOWV, THEIREFORE, on behal-f of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity rested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and otherwise,
does hereby incorporate by reference said annexed report and does
find that said Amendments and the code as constituted after being
amended complly in all respects with the pertinent provisions and will
promote the policy and purposes of said Title of said Act, and does
hereby orders that said Amendment be and they are hereby approved,
and that the previous approval of said Code is hereby amended to
include an appr~oval of said Code in its entirety as amended.
NA-TION'AL TNDUSTRIAL RECOV'ERY BOARD,
By W. A. HARRIMAN, Adm)inis;,trative' Offfoer.
Approval recommended :
JoHN W. Ure,
Acting Divisi'on Aldml.Ei istl~raor.
WYASIINGTON, D. C.,

12801)5"---17i49-40----35 (1)












REPORT T'IO THE-E PRESIDENT


The PRESIDEsT,
The White House.
SmR: This is a report on Amendments to the Code of Fair Clonpe-
tition for thne lFuneral Supply Industr-y, to incorporate provisions
requiring com~lplete trade reports from members of the Industr~y; to
include certain State~s in, the territorial div~isions; to authorize: mem-
bers of the Industry to enter an agreement for voluntarys payment
of damages for labor and trade practice v\iolations; and- to properly
m~sarki the products with the quality anrd essential specifications of the
mnaterialsi. These Amendmnlents wcere proposed -in necordance writh
Article XL of the Code as approved on Novemnber 4l, 1933 and a Public
Hearing was given on December 7, 1934.
FINDINGS

The Assistant D~eputy Administrator in his final report to the Na-
tional Indulstrial Recovery Board on said Amnendmlents to said Code
having found as herein se~t forth and on. the basis of all the proceed-
ings in this ma~tter:
~The Amendment of Section 1A of Article V'I further defines and
makes more specific the Commodity Divisions established by the
Code, and establishes three newcp Divisions.
Finding.-his Amendment recognizes the need for further classi-
fication of thre Commnodity groups, in that through experience it has
been found that a more equitable representation was needed to pro-
mote the organnization of the In1dustry. The interests of the light-
gauge manufacturers, converters of textiles, and manufacturers of
set-up or knlocked-down shells and metal rough boxes, are through
this Amendmenit, given a greater representation, and the Code Au-
thority is better able to contact the members of the Industry and
enforce the provisions of the Code.
The Amenlldmelntt of Section IB of Article V'I considers t-he Geo-
graphical Divisions of the Industr~y.
FTiinding.--The Code, as approved, omitted certain States, and set
up some Divisionls that were found to be impractical. The State of
U.tah can be! be~t~ter adrministercred byT be~in contained in the North
Pacific D~ivision.
T~he Amendment of Article VII[, Section 2, by adding a newr Sub-
sectioni (c), provides for the keeping of necurate secounts and in-
sp~ection of records.
Fi~nding.-The Code, as approved, authorizes the Code Authlority
to make specific recommendations with reference to keeping of uni-
form, accounts, mnethodls and conditions of trading. To properly
effectuate the purposes of Title I of the National Industrial Recovery
Act, this Amendment will enable the Code Aut~hority to properly







determine whether or not a member of the Ilndustr~y is violating the
p'roisions of the Code. It will aid in elimninatinlg unfair trade p~rac-
tices, especially as to sales provisions and terms of sale. I~t will pro-
tect the small legitimate manufacturer wForkiing on a small margin,
from trade abuses which are~ threatening and tend to favor the larger~
manufacturer. The proper administration of the Code is further
strengthened ~by thiis Amiendment.
Thle Amlendment to Article VIII, by adding thle new Section 5,
provides for the proper labeling of thle products of thne Industry.
Finding.--The great vTariety of grades and qualities of the prod-
ucts of this Industry: allow\c the unscrupulous to mislabel or misrepre-
sent th1e products. A majority of ensket shells are covered by cloth,
which makes it impossible for the buyer to determine the material
used in manufacture of th-Je cas~ket. By proper labeling, both the
customer and the Code Authority are protected. The responsibility
of the goods can be placed and the Code Authoriycnatetct
all prices, an d is materially assisted in definitely furtering the pro-auhniat
visions of the Code.
The AImendm~ent to be identified as ALrticle XI[V provides for the
payment of liquidated damages.
Winding.-Members of any Commodity or Geograp'hical Division
who so desire, mnay enter into an agreement among themselves for
payment of liquidated damages
This voluntary agreement diffe~rs from present established prac-
tices, but this Amendment will tend to promote the gIeneral w7Pelfare
of the Industry and wCill improve the standlardls of labor through
increased employment and protection of wage and hour provisions.
GENERAL FINDINGS

(a) Thle Amlendments will not change th~e fundamental economic
conditions of the Industry, will not obstruct~ any sound economic
practice in th~e Industry and will further the economic progress of
any manufacturer or robber or memlber~s of the Fiuneral Supply
I nd~ust ry.
(b) The Code, as amended, complies in all respects with the per-
tinent provisions of said Title of said Act, including without hmni-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The C~ode empowers the Code Authority to present thne afore-
said Amendments on behalf of the Industry as a whole.
(d) The Code and the Code as amended are not designed to and
will not permit monopolies or monopolistic practices, and will not
eliminate or oppress small enterprises or discriminate against them.
Findinlg.--The Industry has approximately 1,000 members, and
directlyy affects approximately 25,000 members of the Funeral Serv-
ice Industry. Through the establishment of Comm~odity Divisions
and Geographical Divisions, the small enterprise is represented and
by establishing methods of cost finding and the filing of prices and
fair trade practice regulations, the tend;ency towards any monopoly
arismin iis not anticipated. The members of the I~ndustry vary in1
size from the large manufacturers of caskets with national distribu-
tion, to the individual local manufacturers of one product. The
Code offers to all members a voice in the administration of the In-







dustry. A Notice of Public Hearing was published, and the Amend-
mlents presented for discussion and review.
(e) ,TThose engaged in other steps of the economic process have
not eendeprived of the right to be heard prior to the approval
of said Amendments.
Find~i~ng.-lifembers of other industries effected by one of the pro-
posed Amendments, by letter and telegramn, filed protest, and after
review, this Amendlnent w;cas deletedt.
For these reasons, therefore, these Ameendments have been ap-
proved.
FEor the N\ational Industrial Recovery Board:
WC. A. HARRRZMW,
Admi~niz~ str'ative Ofi'cer.
APR L 13, 1935.












AMIENDMIENT TO CODE OFi FAIR COMPETITION FOR
TH'EE FUNERAL SUPPLY I[NDUfSTR'Y

AmEND ~AnRCIcu VI

SECTION 1 (A)

Subsection (1) to read:
(1) Metal Casket Division, consisting of manufacturers of metal
caskets, and/or of knocked down or assembled shells or major parts
thereof especially designed or machined for shells for metal caskets.
Subsection (2) to read :
(2) Cask~et H~iardware Division, consisting of manufacturers of
casket hardware, trinmimigs and ornaments, and/or of stampings or
castings for casket or vault hardware.
Sulbsection (3) to read:
(3) Me~tal Burial V~ault Division, consisting of manu77rfnctur~ers of
burial vaults and/or of major stamlpingas and major parts, especially
designed or mlachined therefore, exclusive of har~dware.
Following t~he present Subsections (4) and (5) insert additional
Subsections ~(6), (7) and (8), to read:
(6) Converters of textiles for funeral supplies and/or jobtbers
who specialize in the sale of textiles for funeral supplies.
(7) Mranufacturers of set up or knocked down shells, and/or major
parts especially designed or machined for shells, for wroodl caskets.
(8) Manufacturers of metal rough boxes, metal shipping con-
tainers, and/or other metal containers for caskets not classifiedl as
metal burial vaults, and manufacturers of major stampilings and
major parts especially designed or machined the~efor, exclusive of
hardw-are.
SECTION 1 ( B)

Insert in Paragraph (4) prior to the wordls EasternI Pennsyl-
vania the wordl Delaware."~
Change the wording of Paragraphi (11) to read "'(11) Miountain
Division, consisting* of Arizona, Colorado, Mlontana, Nrew Miexico
and W'~yoming."'
Change thle wording of Paragraph (12) to read "(12) North Ptaci-
fic Division, consisting of Idaho, Oregon, Utah and W':ashington."~
Delete the period at the end of Paragraph (13) andi add and
Nevada."
AMiEND ARTICLE VI~I

Under Section 2, insert a new Subsection (c) to read:
(c) KLee~pingl of accounts andt inspection of ~records.--1. If th~e
Code Authorityv, or the Secretary of the Code Authority, or the agent
of the National Industrial Recover~y Board shall determine thatt sub-







stantial doubt exists as to the accur~acy of any report., so muchl of the
pertinent books, records and pa~per~s of such mlember as mnay be re-
quired for the ve~rification of such report may be examined by an
impartial agency agreed upon between the SecretaryS of the C~ode
Authority and such member or, in the absence of agreement, ap-
poinrted by the~ National Industr~ial Recove~ry Board. In no case
shall the facts disclosed by such examination be made available in
identifiable form to any competitor, whether on the Code Authorityv
or othrerw~ise, or be given any~ other publication except such as may
be required for the proper administration or enforcement. of the pro-
visionls of this Code.
2. The cost of each such examination shall be treated as an expense
of administeringr the Code.
3. Each~ meminer of the Industry shall k~eep written and accurate
time and payrroll records showing the actual number of w~orkting hours
of each and e-very employee receiving less than a regular weekly
wage, of $35, and the actual net amrounmt of money paidi t~o such em-
ployee(s), including as employees all members of the family or rela-
tives of the owner (s) atnd all stockholders or partners who are
employed in this Industry and employed by, or actively engaged in
work on behalf of, such member. No member shall fail or refuse to
keep such records or falsify such records.
4. No membr shall make any sale or delivery of funeral supplies
without making and keeping a "written invoice of each and every
transaction awnd each invoice shall be can accurate and true record of
the products furnished, prices, discounts or terms of the sale, and
shall include therein sufficient description as will, upon audit or in-
spesctiont enable anyone to readily and accurately determine the
t~ransactilon involved and the merchandise .furnished, and such de-
scription shall be in, such formn as will enable anyone having reason-
able knowledge of the products and terminology of this Ind~ustry to
readily determine whether the prices, discounts and terms of sale
ar~e in accordance with the prices, discounts and terms filed by such
member wcpit~h the. Codec Aulthority as being applicable, at the clate of
sale, to the products actually furnished in thle particular transaction.
5. No member shall withhold from any invoice st.atemenlts whichl
properly should be included therein so that., in the absence of such
statements, the invoice does not truly reflect t~he transaction involved.
AMrEND ARTIcLE VIII

Following the present Section 4, add a new Section 5 to read:
.(5) Larbet ing.--(a) M~etal Caskrets.--Every metal casket shall be
plainly labeled, on the outside, with a label stating the name of the
maker or seller and the krind and- gauge of t~he metal used in the con-
struction of the shell. WThen the shells are made fromt ferrous sheets,
the gauge shall be expressed in terms of U. S. Standard gaure, or
inr terms of dlecimalls of an inch. When the caskets are made~ of
copper or bronze sheets, the gauge shall be expressed in terms of
BErown & Sharpe Standard gauge for copper and bronze sheets.
(b) All other Caskelts and Hacrdroood Boses.--All other caskets
and hardwood boxes shall be labeled with labels stating the name
of th manufacturer or of thre firm or individuals selling them to







the trade, and also an accurate enunciation of the material used in
the construction thereof.
(c) Vauclts avnd other 2Metal Conta~inzers for Caskiets.--All metal
burial vaults or other metal containers for caskets shall be plainly
labeled, on the outside, with the name of the manufacturer or Seller,
and the gauge, in tetrms of 17.. S. Standard gauge, and kind, in trade
name, of thre metal used. The use! of trade names to indicate the kind
of metal used is approved but thne member using a trade name shall
file with the office of the Code ALuthority a statemenIt showing in gen-
eral terms, such as copper bearing steel, the compossition of such
material.
(d) Any manufacturer of metal caskets and/or metal vaults
and/or other metal containers for caskets may only omit his own
label(s) when he sells such products) for distribution by refab-
ricators or wholesale distributors under their own labels provided he
first registers with the Secretary of the Code Authority a distinctive
identification symbol, such as a letter or mark or number, or combina-
tionl thereof, which will be used to identify the onoe manufacturer's
product only-, and applies such symbol at a definitely specified point
on the outside or on the outside of the bottom of each such metal cas-
ket and/or metal vault and/or other metal container for caskets, and
it shall be an act of unfair competition for th~e manufacturer to
fail to affix such symbol or for the refabricator or wholesale distrib-
utor to remove any symbol or label. The symbol is to enable the Code
Authority agents to identifyS the maker of a product and the regis-
tetred symbols may not be published to the members of the indus-
try except with the consent of the manufacturer registering such
symbol.
(e) All labels or symbols shall be large enough to be easily read-
able.
(f) The labels shall be irremovable in the sense that rem~oving
them will deface the finish or show a defaced spot in the finish. In
finished cases this can be done by lacquering or varnishinga over the
label. In textile covered cases, it can be done by cutting out of the
covering material a piece the size of the label anid fitting the label
in the void thus created.
Insert the following ars Alrticle XIV after Article IIII. Chrange
the present title of Ar~ticle XIV to "Arlticle XYT."'
Liquidated darLa~ge~s.--Any member of the IndusEtryS many enter into
an agreement with any other member or members of the. Industry
providing for the payment of liquidated damages byI any party
thereto upon violation by himi of any provision of the Codle, provided,
however, that such agreement shall become effective and b~indingr on
the parties thereto only after the execution thereof shall have re-
ceived the consent of the. National Recovery Adminiistration.
Approved Code No. 90-Amendment No. 3.
Regristry No. 307i-1-01.















































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Full Text

PAGE 1

v Approved Code No. 90-Amendment No. 3 Registry No. 307-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOU THE FUNERAL SUPPLY INDUSTRY AS ON APRIL 13, 1935 WE DO OUR PART 0 = , .. ,, ' ---UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 For SBie by the Superintendent of Documents. Washin6tton, D. C. ----• -Price 5 cents

PAGE 2

' This publication is for sale lJy t h e Superintendent of Documents, Government Printing Ofiire , Washington, D. C . , and by the following N. R. A . offices: Atlanta, Ga.: 625 Citize n s & Southern National Bank Building. Baltimore, l\id. : 130 Customhouse. Birminr:rham, Ala.: 201 Liberty Nati o n a l Life Building. Boston, Mass.: Room 1 200, 80 Federal Street. Buffalo, N. Y. : 2'19 White B uild in g. Chicago, Ill.: Room 204, 400 North Michigan Avenue. Cleveland, Ohio : 5 2 0 Bulkley Building. Dallas, Tex.: 1212 Republie Bank Building. Detroit, Mich.: 415 New Federal Building. Houston, T ex. : 403 Milam Building. Jac ksonvill e, F1a.: 425 United States Courtl.ouse and Post Office Building. L os Angeles, Calif.: 7 5 1 Fig u eroa Street, South. Louisville, Ky.: 408 Feder a l Building. Minneapolis, Minn. : 900 Roanoke Building. Nashville, Tenn.: 415 Cotton States Building. Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street. New Orleans, La.: 214 Customhouse. New York, N. Y.: 45 Broadway. Oklahoma City, Okla. : 42 7 Commerce Exchange Building. Philadelphia, P a . : 9'33 C ommercial Trust Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg. : 407 P ark Building. Providence, R. I.: National Exchange Bank Building, 17 Exchange Street. St. L ouis, Mo.: Suite 12 20, 506. Olive Street. San Francisco, Calif.: Humbolt Bank Building, 785 Market Street. Seattle, Wash.: 1730 Exc hange Building.

PAGE 3

Approved Code No. 90-Amendment No. 3 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE FUNERAL SUPPLY INDUSTRY As Approved on April 13, 1935 ORDER APrROVINO AMENDMENT OF ConE oF FAIR CoMPETITION FOR THE • FuNERAL SuPPLY INDUSTRY An application having been duly made pursuant to and in full com pliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, or approval of Amendments to the Code of Fair Competition for the Supply Industry, and a Public Hearing having been duly given thereon and the an nexed report on said Amendments, containing findings with respect thereto, having been made and directed to the President: NO,V, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to authorjty vested in it by Executive Orders of the President, including Executive Order No. 6859, dated September 27, 1934, and otherwise, does hereby incorporate by reference said annexed report and does find that said Amendments and the code as constituted after being 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 said Amendment be and they are hereby approved, a.nd that the previous approval of said Code is hereby amended to include an approval of said Code in its entirety as amended. NATIONAL INDUSTRIAL REcovERY BoARD, By W. A. HARRIMAN, Adndnistrative Officer. Approval recommended : JoHN vV. UPP, Acting Division Adn&inistrator. WASHINGTON, D. c., April 13, 1935. 128915----1749-40----35 (1)

PAGE 4

HEPOHT TO THE PRESIDENT The PRESIDENT, The vV hite H ouse . Sm: This is a report on Amendments to the Code of F air Competition for the Funeral Supply Industry, to incorporate provisions requiring complete trade reports from members of the Industry; to inclu de certa in States in the territoria l d ivi sions; to authorize mem bers of the Industry to ente r an agreement for voluntary p ayment of damages for l abor and trade practice v iolation s ; and to properly mark the products with the quality and essential spec ifications of the materials. These Amendments were proposed -in accordance with Article X of the Code as approved on November 4, 1933 and a Public H earing was given on December 7, 1934. FINDINGS The A ssistant Deputy Administrator in his final report to the N ational Industrial R ec overy Board on said Amendments to said Code having found as herein set forth and on the basis of all the proceedings in this matter : The Amendment of Section lA of Article VI further defines and makes more specific the Commodity Divisions established by the Code, and establishes three new Divisions. F inding.-This Amendment recognizes the need for further classi fication of the Commodity groups, in that through experience it has b ee n found that a more equitable representation was needed . to pro mote the organization of the Industry. The interests of the lightgauge manufacturers, converters of textiles, and manufacturers of set-up or kno c k ed -down shells and metal rough boxes, are through this Amendment, given a greater representation, and the Code Authority i s better able to contact the members of the Industry and enforce the provisions of the Code. The Amendment of Section 1B of Article VI considers the Geographical Divis ions of the Industry. Finding.-The Code, as approved, omitted certain States, and set np some Div i sions that were found to be impractical. The State of Utah ca n b e better administered by being contained in the North Pacific Divis ion. The Amendment of Article VII, Section 2, by adding a new Sub section (c), provides for the keeping of accurate accounts and in spection of records. Finding.-The Code, as approved, authorizes the Code Authority to make s pecific r eco mmendations with reference to keeping of uniform accounts, methods and conditions of trading. To properly effectuate the purposes of Title I of the National Industrial Recovery Act, this Amendment will enable the Code Authority to properly (2)

PAGE 5

3 determine whether or not a member of the Industry is violating the provisions of the Code. It will aid in eliminating unfair trade practices, especially as to sales provisions and terms of sale. It will protect the small legitimate manufacturer working on a small margin, from trade abuses which are threatening and tend to favor the large manufacturer. The proper administration of the Code is further strengthened by this Amendment. The Amendment to Article VIII, by adding the new Section 5, provides for the proper labeling of the products of the Industry. Finding.-The great variety of grades and qualities of the products of this Industry allow the unscrupulous to mislabel or misrepresent the products. A majority of casket shells are covered by cloth, which makes it impossible for the buyer to determine the material used in manufacture of the casket. By proper labeling, both the customer and the Code Authority are protected. The responsibility of the goods can be placed and the Code Authority can authenticate all prices, and is materially assisted in definitely furthering the provisions of the Code. The Amendment to be identified as Article XIV provides for the payment of liquidated damages. Finding.-Members of any Commodity or Geographical Division who so desire, may enter into an agreement among themselves for payment of liquidated damages. This voluntary agreement differs from present established practices, but this Amendment will tend to promote the general welfare of the Industry and will improve the standards of labor through increa sed employment and protection of wage and hour provisions. GENERAL FINDINGS (a) The Amendments will not change the fundamental economic conditions of the Industry, will not obstruct any sound economic practice in the Industry and will further the economic progress of any manufacurer or jobber or members of the Funeral Supply Industry. (b) The Code, as amended, 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. (c) The Code empowers the Code Authority to present the aforesaid Amendments on behalf of the Industry as a whole. (d) The Code and the Code as amended are not designed to and will not permit monopolies or monopolistic practices, and will not eliminate or oppress small enterprises or discriminate against them. Findinq.-The Industry has approximately 1,000 members, and indirectly affects approximately 25,000 members of the Funeral Serv ice Industry. Through the establishment of Commodity Divisions and Geographical Divisions, the small enterprise is represented and by establishing methods of cost finding and the filing of prices and fair trade practice regulations, the tendency towards any monopoly arising is not anticipated. The members of the Industry vary in size from the large manufacturers of caskets with national distribution, to the individual local manufacturers of one product. The Code offers to all members a voice in the administration of the In-

PAGE 6

4 dustry. A Notice of Public Hearing published, and the Amendments presented for discussion and review. (e) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to the approval of said Amendments. Finding.-Members of other industries effected by one of the proposed Amend1nents, by letter and telegram, filed protest, and after review, this Amendment was deleted. For these reasons, therefore, these Amendments have been ap proved. For the National Industrial Recovery Board: APRIL 13, 1935. w. A. HARRIMAN' Administrative Officer.

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AMENDl\1ENT TO CODE OF FAIR COMPETITION FOR THE FUNERAL SUPPLY INDUSTRY AMEND ARTICLE VI SECTION 1 (A) Subsection (1) to read: (1) Metal Casket Division, consisting of manufacturers of metal caskets, and/or of knocked down or assembled shells or major parts thereof especially designed or machined for shells for metal caskets. Subsection (2) to read: (2) Casket Hardware Division, consisting of manufacturers of casket hardware, trimmings and ornaments, and/or of stampings or castings for casket or vault hardware. Subsection (3) to read: (3) Metal Burial Vault Division, consisting of manufacturers of burial vaults and/or of major stampings and major part , especially designed or machined therefor, exclusive of hardware. Following the present Subsections ( 4) and ( 5) insert additional Subsections (6), (7) and (8), to read: (G) Converters of textiles for funeral supplies and/or jobbers who specialize in the sale of textiles for funeral supplies. (7) Manufacturers of set up or knocked down shells, and/ or major parts especially designed or machined for shells, for wood caskets. (8) Manufacturers of metal rough boxes, metal shipping containers, and/or other metal containers for caskets not classified as metal burial vaults, and manufacturers of major stampings and major parts especially designed or machined therefor, exclusive of hardware. SECTION 1 (B) Insert in Paragraph ( 4) prior to the words "Ea tern Pennsy lvania" the word "Delaware." Change the wording of Paragraph (11) to read "(11) Mountain Division, consisting of Arizona, Colorado, l\1ontana, New l\1exico and vVyoming." Change the wording of Paragraph (12) to read" (12) North Pacific Division, consisting of Idaho, Oregon, Utah and "'Vashington." Delete the period at the end of Paragraph (13) and add "and Nevada." AMEND ARTICLE VII Under Section 2 insert a new Subsection (c) to read: (c) Keeping of accounts and in.spection of rec01ds.-l. If the Code Authority, or the Secretary of the Code Authority, or the agent of the National Industrial Recovery Board shall determine that sub-(5)

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6 stantial doubt exists as to the accuracy of any report, so muc h of the pertinent books, records and papers of s uch member as may be required for the ver ifi cation of such report may be examined by an impartial age n cy agreed upon b e tween the Secretary of the Code Authority and such member or, in the absence of agreement, appointed by the National Industrial Recovery Board. In no case shall the facts disclosed by such examination be made available in identifiab l e form to any competitor, whether on the Code Authority or otherwi se, or be given any other publication except such as may be required for the proper administration or enforcement of the provi s ion s of this Code. 2. The cost of eac h such examination shall be treated as an expense of administering the Code. 3. Each m ember of the Industry shall keep written and accurate time and payroll records showing the actual number of working hours of each and every employee receiving less than a regular weekly wage of $35, and the actual net amount of money paid to such em ployee (s), including as employees all members of the f amily or rela tives of the owner ( s) and all stockholders or partners who are employed in this Industry and employed by, or actively engae;ed in work on behalf of, such member. No member shall fail or retuse to k eep s u c h re c ords or falsify such records. 4. No m em ber shall make any sale or delivery of funeral supplies without making and keeping a written invoice of each and every transaction and each invoice shall be an accurate and true record of the products furnished, prices, discounts or terms of the sale, and shall include therein ,sufficient description as will, upon audit or in spection2 enable anyone to readily and accurately determine the transaction involved and the merchandise .furnished, and such description shall be in such form as will enable anyone having reason able knowledge of the products and terminology of this Industry to readily determine whether the prices, discounts and terms o . f sale are in accordance with the price,s, discounts and terms filed by such member with the Code Authority as being applicable, at the date of sale, to the products actually furnished in the particular transaction. 5. No member shall withhold from any invoice statements which properly should be included therein so that, in the absence of s uch statements, the invoice does not truly reflect the transaction inv olved. Al\[END ARTICLE VIII the present Section 4, add a new Section 5 to read: ( 5) Labeti11 g.-(a) M e tal 0 askets .-Every metal casket shall be plainly label ed , on the outside, with a label stating the name of the maker or seller and the kind and gauge of the metal used in the construction of the s hell. When the shells are made from ferrous sheets, the gauge sh all be expressed in terms of U. S. Standard gauge, or in terms of decimals of an inch. vVhen the ca,skets are n1.ade of copper or bronze heets, the gauge shall be expressed in terms of Brown & Sharpe Standard gauge .for copper and bronze sheets. (b) All oth er Caskets and Hardwood Boxes.-All other caskets and hardwood boxes shall be labeled with labels ,stating the name of the manufacturer or of the firm or individuals selling them to

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7 the trade, and also an accurate enunciation o . f the material us ed in the construction thereof. (c) Vaults a:nd other llf e tal Conta i n e rs for O ask ets.-All m etal burial vaults or other metal containers for c asket s shall be plainly labeled, on the outside, with the name of the m anufacturer or and the gauge, in term,s of U. S. Standard gauge, and kind, in trade name, of the metal used. The use of trade names to indic ate the kind of metal u s ed is approved but the memb e r using a trade name shall file with the office of the Code Authority a statement showing in general terms, such as copper bearing steel, the compo sition of such material. (d) Any manufacturer of m etal ca s k ets andjor m e t a l vaults and/or other m etal containers for casket s ma:y only omit his own label ( s) when he sells such product ( s) for distribution b y refabricators or wholesale di stributors under their own labe l s provide d he fir s t regi sters with the Secretary of the Code Authority a distinctive identification symbol, such as a letter or mark or number, or c ombination thereof, which will be used to identify the one manufacture r ' s product only, and applies such symbol at a definitely spe c ified point on the outside or on the outside of the bottom of each such m etal casket and/or metal vault and/or other metal container for ca s kets, and it shall be an act of unfair competition for the manufacturer to fail to affix such symbol or for the refabricator or whole s ale distributor to remove any symbol or label. The symbol is to enable the Code Authority agents to identify the maker of a product and the registered symbols may not be published to the members of the industry except with the consent of the manufacturer registering s u c h symbol. (e) All labels or symbols shall be large enough to be easily r e ad able. (f) .The labels shall be irremovable in the sense that removing them will deface the finish or show a defaced spot in the fini s h. In finished cases this can be done by lacquering or varnishing over the label. In textile covered ca s es, it can be done by cutting out of the covering material a piece the size of the label and fitting t he lab e l in the void thus created. Insert the followi n g as Article XIV afte r Article XIII. Ch an ge the present title of Article XIV to "Artic l e XV." Liquidated damages.-Any member of the Industry may ente r into an with any other member or memb e r s of the Industry providing for the payment of liquidated damages by any party thereto upon violation by him of any provis ion of the Cod e , provid e d, however, that such agreement shall become effective and bindino-on the parties thereto only after the execution thereof s h all h av ; r e ceived the con sent of theN ational Recovery Administration. Approved Code No. 90--Amendment No. 3. Regi stry No. 307 -1-01. 0

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Digitized by the Internet Archive in 2011 with funding from University of Florida , George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http: // www . archive.org / details / amendmenttocodeo2803unit

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UNIVERSITY OF FLORIDA II I\\ IIIII\ Ill 1\111\111\111 \I \11\11 II \11\11 Ill 1\1 \IIIII \\ IIIII I\ 3 1262 08585 2803