Citation
Amendment to code of fair competition for the textile print roller engraving industry as approved on November 16, 1934

Material Information

Title:
Amendment to code of fair competition for the textile print roller engraving industry as approved on November 16, 1934
Portion of title:
Textile print roller engraving industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
7 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Roller printing (Printmaking) ( lcsh )
Engraving -- 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:
At head of title: National Recovery Administration.
General Note:
"Registry No. 504-9-01."
General Note:
"Approved Code No. 324--Amendment No. 2."

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:
004938382 ( ALEPH )
63654723 ( OCLC )

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Aproe CoeN.34AedetN. eityN.5490


NATIONAL RECOVERY ADMINISTRATION



AMENDMENT TO
CODE OF FAIR COMPETITION
FOP THE

TEXTILE PRINT ROLLER

ENGRAVING INDUSTRY


AS APPROVED ON NOVEMBER 16, 1934


UNIV. OF FL LII.
DOCUMENTS DEPTO

i D T

U.S. DEPOOTO.Y _


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


Approved Code No. 324-Amendment No. 2


Registry No. 504-9-01
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buflt';lo, N. Y.: Cl:n;mber of Commerce Buil:liirg.
Cliar-letoin, S. C.: Chamber of Commerce Building.
Cliic,igi, Ill.: Suite 1706, 201 North Wells Street.
Clevelaln1. Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Buiblinz.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: (Chamb'er of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Brno!1dwy.
Louisville, Ky.: -40S Federal Building.
Memphis, Tmii. : 229 Federal Building.
Minneapolis, Minn.: 213 Federol Building.
New Orloeats, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
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Philafdl(elihia. Pa.: 422 Commercial Trust Builiing.
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Portland, Oreg.: 215 New Post Office Building.
St. Louis, M1,.: 506 Olive Street.
San Fr;iir-i--io, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Buiuliin..













Approved Code No. 324-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

TEXTILE PRINT ROLLER ENGRAVING INDUSTRY

As Approved on November 16, 1934


ORDER

APPROVING AMlENDMENT OF CODE OF FAIR COMPETITION FOR THE
TEXTILE PRINT ROLLER ENGRAVING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Textile Print Roller
Engraving 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 President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity 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
and the Code as constituted after being amended comply in all re-
spects 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 it is hereby approved, and that the previous
approval of said Code is hereby amended to include an approval of
said Code in its entirety as amended; provided, however, that the
provisions of the amendment numbered Article X relating to limi-
tation and restriction of plant equipment be and they are hereby
stayed pending its further order.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Adinminitrative Officer.
Approval recommended:
BARTON W. MUtRRAY,
Division A dm in istfrator.
WASHINGTON, D. C.,
November 16, 1934.
97732 -1325-58-34 (1)













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: Under the Code of Fair Competition for the Textile Print
Roller Engraving Industry as approved on March 8, 1934, the Code
Authority for said Industry has submitted the Amendments which
are included and attached.
-Hent ingi on the Amendments was held June 14, 1934 at the Amibas-
sador Hotel in Washington, D. C., and opportunity to be heard was
duly noticed to all interested parties. No objections were received.
These Amendments are considered of vital importance to this
Industry, which is making an earnest effort to curtail and prevent
certain industrial practices and abuses that have become apparent
during the past few years and which if allowed to continue will
tend to prevent, a rapid return of industrial recovery in this Industry.

FINDINGS

The Deputy Administrator in his final report on said Amend-
ments to saiil Code having found as herein set forth and on the basis
of all proceedings in this matter,

It is found that:
(a) Tle Amendments to said Code and the Code as amnended
are well de-igned to promote the policies and purposes of Title I
of tlhe National Industrial Recovery Act, 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 and supervision, by eliminating uin-
fair competitive practices, by promoting the fullest possible utiliza-
tion of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consulmption of industrial and iagricul-
tural products through illncreailng purchasing power, by reducing
and relieving unemployment, by improving standl rds of Labor, and
by otherwise rehabilitating indiitry.
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without. limita-
tion Sub.etion (a) of Section 3, Sub-ection (a) of Section 7, and
Subection (b) of Section 10 thereof.
The Code empowers the Code Authority to present the aforesaid
amendments on behalf of the industry as a whole.
(d) The aforesaid amendments have been presented in accordance
with the relqirements of the National Industrial Recovery Adminis-








tration by the Code Authority which was officially recognized on
June 22, 1934.
(e) The amendments and the Code as amended are not designed to
and will not permit monopolies or monopolistic practice.-.
(f) The amendments and the Code as amended are not designedl
to and will not eliminate or oppress small enterpri-c's and will not
operate to discriminate against. them.
(g) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
am endmients.
For these reasons, therefore, these amnindmllents have been ap-
proved; provided, however, that the provisions of the amendment
numbered Article X relating to limitation and rtetriction of plant
equipment be and they are hereby stayed pending its further order.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Adlmbi nii.fh atcc Officer.
NOVEMBER 16, 1934.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE TEXTILE PRINT ROLLER ENGRAVING IN-
DUSTRY
PURPOSE

Pursuant to Article VII, Section 2 (d) of the Code of Fair Com-
petition for the Textile Print Roller Engraving Industry duly
approved by the President on March 8, 1934, and further to effectuate
the policies of Title I of the National Industrial Recovery Act, the
following Amendments are established as a part of said Code of
Fair Competition and shall be binding upon every member of the
Textile Print Roller Engraving Industry.

AMENDMENT
Amend Article III, Section 1, by deleting the present Section 1
and inserting a new Section 1.
Amended Article III, Section 1, will then read as follows:

ARTICLE III -HoURS
SECTION 1. No employee, except as hereinafter provided, shall be
permitted to work in excess of forty (40) hours in any one (1) week,
nor in excess of eight (8) hours in any one (1) day, nor in excess
of five (5) days in any one (1) week, and only between 7 A. M.,
and 7: 30 P. M. Monday to Friday, inclusive; provided, however,
that upon specific approval of the Joint Industrial Relations Board,
established and functioning pursuant to Article VI hereof, em-
ployees within any defined area of the Industry may be permitted
to work not in excess of forty-eight (48) hours per week in any
twelve (12) weeks in any calendar year; provided, further, that time
and a half shall be paid for all hours worked in excess of eight (8)
hours in any one (1) day or forty (40) hours in any one (1) week.
Hours defined as 7 A. M. to 7:30 P. M. Monday to Friday, inclusive,
are specified so as to permit any additional working time that may
be granted as hereinabove set forth.

AMENDM ENT
Amend Article VIII as follows:
Renumber old Sections 2 to 10 inclusive, to read Sections 1 to 9
inclusive and give them the title "Article IX-Trade Practices ";
change the title of Article VIII to read Costs and Price Cutting ";
delete old Section 1 and substitute therefore the following new Sec-
tions 1 and 2;

ARTICLE VIII-COSTS AND PRICE CUTTING
SECTION 1. The standards of fair competition for the Industry
with reference to pricing practices are declared to be as follows:








(a) Wilfully destructive price cutting is an unfair method of
cuimlpetition and is forbidden. Any member of the Industry or of
any other industry or the cu-tliners of either may at any time com-
plain to the Code Authority that any quoted price c('ll-.titutes unfair
competition as de-t ructive price cutting, imperiling small enterprise.
or tending tow\ird monopoly or the inmpaiirln nt, of Code wages. and
working conditions. The Code Authority shall within five (5) days
affordl ni opportunity to the nmei ibcIr quoting the pri;,_.: to answer such
complaint and shall within fourteen (14) days make a ruling or
adjustment thereon. If tuclh ruling is not concurred in by either
party to the complaint, all papers shall be referred to the Research
and Planning Division of N. R. A. which shall render a report and
recommendation thereon to the Administrator.
(b) When no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods should be used and that consideration
should be given to costs in the determiination of pricing policies.
(c) When an emergency exists as to any given product, sale below
the stated mininmnn price of such product, in violation of Section
2 hereof, is forbidden.
SECTION 2. Emergency Provisions.-(a) If the Administrator,
after investigation shall at any time find both (1) that an emergency
has arisen within the Industry adversely affecting small enterprises
or wages or labor conditions or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the stated minimum price for a speci-
fied product within the industry for a limited period is necessary to
mitigate the conditions constituting such emergency and to effectuate
the purposes of the Act, the Code Authority may cause an impartial
agency to investigate costs and to recommend to the Administrator
a determination of the stated minimum price of the product affected
by the emergency and thereupon the Administrator may proceed to
determine such stated minimum price.
(1)) When the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasonably calculated to mitigate the conditions of
such emergency and to effectuate the purposes of the National In-
dustrial Recovery Act, he shall publish such price. Thereafter, dur-
ing such stated period, no member of the Industry shall sell such
specified products at a net realized price below said stated minimum
price and any such sale shall be deemed destructive price cutting.
From time to time, the Code Authority may recommend review or
reconsideration or the Administrator may cause any determinations
hereunder to be revised or reconsidered and appropriate action taken.
AMENDMENT

Add a Section to Article VIII (New Article IX) to be known as
Section 10, which will read as follows:
SECTION 10. Quoting of more favorable terms of cash payment
than thirty days net, two per cent for cash if paid within ten days.








AMENDMENT

Amend Article VIII (New Article IX) by adding a new Section
11.
New Article IX, Section 11, will then read as follows:

ARTICLE IX-TRADE PRACTICES

SECTION 11. In order to eliminate Design Piracy as construed by
the Registering Authority, it shall be an unfair trade practice for
any member of the Industry to engrave or process a design or pat-
tern which has been registered with, and approved by, the Register-
ing Authority evidenced by the stamp and registration number of
such Authority imprinted on the original drawing or sketch of such
design or pattern, without the written consent of the person in whose
name such design or pattern is registered. Every concern in this
Industry engraving such registered designs or patterns shall engrave
such registration number of the design or pattern on the roller, when
so requested, separate charge being made for that service. A design,
however, which the Registering Authority has stamped as staple"
need not bear any registration number.
The Registering Authority, as used herein, means the Textile De-
sign Registration Bureau of the Federated Textile Industries, Inc.,
a Connecticut non-profit corporation having its principal office at No.
468 Fourth Avenue, New York City, or such other Bureau as may be
designated from time to time, in accordance with authority conferred
under the Code or Codes approved by the President and/or the
Administrator for any branch of the Textile Printing Industry. The
provisions hereof shall apply only to the engraving of designs for
such branches of the textile printing industry operating under codes
of fair competition requiring registration of designs and providing
that designs so registered shall be reproduced only with the consent
of the person registering the same.

AMENDMENT

Amnend Article IX-Modification by deleting the present Article
and substituting as a new Article X the following:

ARTICLE X-LIMITATION AND RESTRICTION OF PLANT EQUIPMENT

Recommendations (1) for the requirement of registration by per-
sons engaged in the Industry of their productive machinery, which
is defined to mean and include panthagraph machines, engraving ma-
chines, and any other machine which in itself produces a finished
product; (2) for the requirement that prior to the installation of
additional productive machinery by persons engaged or engaging in
the Industry, except for the replacement of a similar number of
existing machines, or to bring the operation of existing productive
machinery into balance, such persons shall secure certificates that
such installation will be (unsi.,telnt with effectuating the policy of
the National Industrial Recovery Act during the period of emer-
gency; and (3) for the granting or withholding by the Admini-trator









of such certificates if so required by him, may be made by the Code
Authority and upon approval by him such recommendations shall
become effective and binding upon every member of the industry.
The Administrator, however, shall not consider recommendations
(1 to 3) herein provided unless the Joint Industrial Relations Board,
created by Article VI of this Code, shall have first given its approval
for the necessity thereof.
AMENDMENT

Delete Article X-Monopolies and substitute therefore Article XI-
Modification, to read as follows:
SECTION 1. This Code and all the provisions thereof are expressly
made subject to the right of the President in accordance with the
provisions of Section 10 (b) of the Act, from time to time, to canrili
or modify any order, approval, license, rule or regulation issued
under said Act.
SECTION 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or change in circum-
stances, such modification to be based upon application to the Admin-
istrator and such notice and hearing as he shall specify, and to
become effective on approval by the President.

AMENDMENT

Delete Article XI-Effective Date and substitute therefore Article
XII-Monopolies, to read as follows:
SECTION 1. Nothing in this Code shall be interpreted or applied
in such manner as to permit or promote monopolies or monopolistic
practices, permit or encourage unfair competition or to eliminate,
oppress or discriminate against small enterprises.
AMENDMENT

Add new Article XIII-Effective Date, to read as follows:
SECI ION 1. This Code shall become effective on the tenth day after
its approval by the President.
Approved Code No. 324-Amendment No. 2.
Registry No. 504-9-01.












































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Full Text

PAGE 1

V Approved Code No . 32 4 A mend me nt N o . 2 R egi s try No . 5 0 4 9 01 NAT IO NAL REC O VERY ADMIN I STRATION AMENDl\'lEN T TO CODE OF FAIR COMPE T ITI O N FOR THE TEXTILE PRINT ROLLE R ENGRAVING INDUSTRY AS APPROVED ON NOVEMBE R 16, 1934 WE DO OUR PART r I l , . , , 0 ~_:_ -~_ I ,. ' --• j I U. ! . DEP081TC>ftY l = --------~ UN IT E D STATES GO VERNMENT PRINTING OFFICE WAS HI NG TO N : 1934 For sale b y the S up e rint e nd e nt of Do c u ments, W a shi n gton, D. C. Pric e 5 cents

PAGE 2

This puhlication i s for sale by the Superintendent of Documents, Governm e nt Printing Office, Washington, D . 0., and by di trict offices of the Bureau of Foreign and Dome st i c Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlnntn, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, l\1ass. : 1 01 Customhouse. Buffalo, N. Y.: C1rnmber of Commerce Building . Cha rl eston, S. 0.: Chambe r of Commerce Building . Chicago, Ill.: Suite 1706, 201 North Wells Street. Clevelan 1, Ohio : Chamber of Comme r ce . Da ll as, Tex.: Chamber o f ommerce Building. D etroit, l\Ii c h.: 01 First Na t i ona l B an k Building . H o uston, Tex.: Chamber of Commerce Building. Indianapoli , Ind.: C h amber of Commerce Building. Ja k onville, Fla. : hami er of Commerce Building. Kan . . as City, Mo .: 1028 Baltimore Aven u e. Lo . Angeles, Calif. : 1J63 S uth Bro:::dwny. L o uisville, Ky.: 408 Federal Building . l\Iemphis , Tenn . : ~29 Federa l B uil ding. lHinnear olis, l\Iinn. : 213 F edera l Building. Tew Orle:m , La. : Room 225 A, Customhouse. New York, N . Y.: 734 Customhouse. Norfolk, Va. : 40G East Plum e Street. Philadelphia, Pa.: 4~2 r, mmercial Trust Building . Pitt burg h, Pa.: hnmber of Commerce Building . Portland, Oreg. : '.::15 N w Po. t Office Building. St. L o ui s, l\lo.: 506 Olive treet. San Frnn c i sco, Calif.: 310 Cu. tomhouse. Seattle, Wa h.: 09 Federal Offi c e Builrling.

PAGE 3

Approved Code No. 324-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE TEXTILE PRINT ROLLER ENGRAVING INDUSTRY As Approved on November 16, 1934 ORDER APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE TEXTILE PRINT ROLLER EN"GRAVING INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of an amend ment to a Code of Fair Competition for the Textile Print Roller Engraving Indu stry, 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 President : NOW, THEREFORE, on behalf of the President of the United States, the National Indu strial Recovery Board, pursuant to author ity vested in it by Executi ve 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 and the Code as constituted after being amended comply in all re spects with the pertinent provisions and will promote the policy and purpo ses of said title of sa id Act, and does hereby order that said amendment be and it is hereby approved, and that the previous approval of said Code is hereby amended to include an approval of E3aid Code in its entirety as amended; provided, however, that the provisions of the amendment numbered Article X relating to limi tation and restriction of plant equipment be and they are hereby stayed pending its further order. NATION AL INDUSTRIAL RECOVERY BOARD, By ,V. A. HARRIMAN, Admini,strative Officer. Approval recommended: BARTON w. MURRAY, Division Ad11iinistrator. w ASHINGTON, D. c., November 16, 1934. 97732-1 325-58-34 (1)

PAGE 4

REPORT TO THE PRESIDENT T he PRE SIDENT, The l V hite H ouse. Sm: Under the Code of Fair Competition for the T exti l e Print Roller Engraving Industry as approved on 1\1arch 8, 1 934, the Code Authority for aid Industry has s ubmitted the Amendments which are includ e d and attached . Hearin g on the Amendments wus held June 14, 19 34 at the Ambas sador I-Iot e l in '\Va s hington, D. C., and opportunity to be heard was duly n o ti ce d to all int e re s t e d partie s . No objections were re c eived . The e Am e ndment s ar e con s idered o f Yital importan c e to thi Indu s tr y , "hirh is m a king an e arn es t effort to curtai l and preven t certain indu s trial practices and abu ses that have become apparent during th e pa t few years and ,Yhich if allowed to continue will tend to pr e v e nt a rapid return of indu trial re c oYery in this In clu try. FIND! T GS Th e Deputy Admini s trator in his fina l report on said Amend ment s to s aid Code having found a herein set forth and on the basis of all proc e edings in this matt e r, It i found that: (a) The Amendm e nt s to s aid C o de al)d th e Code as amended are well d e igned to pr o mote the polici and purposes o f Title I of the ational Indu . trial R ec ov e ry A c t, including the removal of o b tru c tion to the fr ee flow of int e r tat e and foreign commer e which t e nd t o dirnini h the amount th e r eo f. and wi ll provide for the genera l w e lfare by promoting the organi z ation of industry for the purpo e of c ooperatiYe action of labor and management under ad e quate goY ie rnmenta l s anction and uperYi s ion, by e limin ating un fair c o mp .o titive pra c ti ce s, by pr o moting the fulle s t pos s ible utiliza tion of th e pre s ent productive capa c ity of indu tries, by avoiding undu e r es triction of production ( except a may be t emporari l y re quired), by incr e a ing the c on s umption of indu trial and agricul tural produ c t through increasing I urchasina power, by reducing and relie, ina unemployment , by improving s tandards of Labor, and by otherwi e rehabilitating indu t ry. (b) The Code a N am e nd e d compli es in all re pects with the perti n e nt provi s ions of aid Title of aid _ c t, including without limi ta tion Sub ection (a) o f S ection 3, Sub .__ e ction (a) of Section 7, and Sub e ction (b) of Section 10 thereof. The Code empower the Code \._uthority to present the afore aid am e ndment on behalf of the indu try as a whole. (d) Th e aforesaid am e ndments have been presented in accordance with the requirement s of the National Indu s trial Recovery Adminis(2)

PAGE 5

3 tration by the Code Authority which was officially recognized on J un e 22 1934 . ( e) The amendments and the. Code as amended are not de s igned to and wi ll not permit monopolies or monopolistic practice s . ( f) The amendments and the Code as amended are not d sig ned to and will not eliminate or oppre ss small enterpri se s and will not operate to discriminate against them. (g) Those engaged in other step s of the economic process have not been deprived of the right to be heard prior to approval of said amendments . For the e reasons, ther e fore, the e amendnients have b ee n ap proYed; provided, however, that the provisions of the amendment numbered Article X relating to limitation and rest r iction of plant equipment be and they are hereby tayed pending its further order. Fo r the National I ndu tria l Recovery Board: N OVEMBE R 1 6, 1 934. V{. A. HARRIMAN, Adm , inisfrative Officer.

PAGE 6

A~1ENDMEN T TO C ODE OF F A IR COMPETITION FOR THE TEXT IL E P R I NT RO LLER E N GRAVI N G IN DUSTRY PURPOSE Pursuant to Article VII, S ect ion 2 ( d) o f the Code of Fair Com petition for the Textile Print Roller Engraving Industry d ul y approved by the Pr es ident on March 8, 1934, and further to effectuate th e policies of Title I of the National Industrial Recovery Act, the following Amendments are estab li shed as a part of said Code of Fair Competition and sha ll be binding upon every member of the Textile Print Roller En g raYing Industry . .AJ\IE~D:MENT Amend Article III, S 0 ction 1, by deleting the present Section 1 and inserting a new Sect ion 1. Amended Article III, Sect ion 1, will then read as follows: ARTI C LE III-Houns SECTION 1. No employee, except as her e inafter provided, sha ll be permitted to work in exce s o:f forty ( ':1:0) hours in any one ( 1) week, nor in excess of eight ( 8) hours in any one ( 1) day, nor in excess of five ( 5) clays in any one ( 1) we e k, and only between 7 A. M., and 7: 30 P. M. Monday to Friday, inclu s ive; provided, however, that upon specific approva l of the Joint Industrial Relations Board, e tabli s hecl and functioning pursuant to Article VI hereof, em ployees within any defined area of the Indu stry may be permitted to work not in excess of forty-eight ( 48) hours per week in any twelve (12) weeks in any calendar year; provided, further, that time and a half sha ll be paid :for all hours worked in excess of eight (8) hours in any one ( 1) day or forty ( 40) hour s in any one ( 1) week. Hours defined as 7 A. 11. to 7 : 30 P. nf. ~1onday to Friday, inclu s ive, are specified so as to permit any ad ~ litional working time that may be granted as hereina bove se t forth. Amend Article VIII as follows : R en umb er old Sections 2 to 10 inclusive, to read Sections 1 to 9 inclu s iv e and give them the title " Article IX-Trade Pra ct ices"; change the title of Article VIII to read " Costs and Price Cutting "; delete old Section 1 and s ub st itut e therefor the following new Sec tions 1 and 2; ARTICLE VIII-C.osTs ~-lN D PRI C E CuTTING SECTION 1. The standards of fair competition for the Industry with reference to pricing practices are declared to be as follows: (4)

PAGE 7

5 (a) Wilfully d estruct iv e price cutting is an unfair m ethod of competition and i forbid len . Any member of the Indu try or of any other indu try or the cu tomers of either may at any tinie com plain to th Code Authority that any quoted price constitutes unfair competition as de tructive price c utti ng, imp e riling s11i.all enterprise or t end in g t "ard monopoly or the impairm en t of Code wages and workin g conditions . Th e Code Autho rit y s hall within five ( 5) days aff or l an opportunity to th memb er quoting the prico to answer suc h complaint and shall within fourteen (14) days make a ruling or adju stment thereon. If such ruling i s not concurred iri by either part y to the complaint, all papers sha ll be referr ed to the Research and Planning Division of N. R. A . which s hall render a report and r ecommendation thereon to the Adm in i trator. (b) ,Vh en n o declared emergency ex i sts as to any given product, ther e is to be no fixed minimum basi for prices. It i s intended that sound cost estimating methods sho uld be u sed and tha t co n sideratio n shou ld be given to costs in the dete rmination of pri cing policies. ( c) ,Vhen an emergency exists as to any given produ ct, sa l e below the stated minimum price of s u c h product, in violation of Section 2 h e r eof, i s forbidden. SECTION 2. Enie1gency Pro visions .-(a) If th e Admini stra tor, aft er inv estigation sha ll at any time find both (1) that an emergency ha s arisen within the Indu stry adversely affecting small enterpri ses or wages or la bor conditions or tending toward monopoly or other acute conditions which tend to defeat the purposes of the Act; and (2) that the determination of the stated minimum price for a spec fied product within the industry for a limited period is ne cessa ry to mitigate the conditions constituting such emergency and to effectuate the purposes o:f the Act, th e Code Authority may ca u se an impartial agency to inv est igate costs and to recommend to the Admini s trator a determination of the stated minimmn price of the product affected by th e emergency and thereupon the Administrator may proceed to det er mine such stated minimum price. (b) ,iVhen the Administrator s hall have determined such stated minimum price for a spec ified product for a stated period, which price shall be rea so nabl y calculated to mitigate the conditions of such emergency and to effectuate the purposes of the National In dustrial R ecove ry A c t , he shall publish such pri ce . Thereafter, dur ing such stated period, no member of the Indu s try s hall sell s uch specified product at a net realiz ed price below said stated minimum price and any such sale shall be deemed destructive price cutting . From ti1ne to time, the Code Authority may recommend review or reconsideration or the Administrator may cause any determinations hereunder to be revised or recon side red and appropriate action taken. AMENDMENT Add a Section to Article VIII (New Article IX) to be known as Se c tion 10, which will read as follow s : SECTION 10. Quoting of more favorable t erms of cas h payment than thirty days net, two per cent for cash if paid within ten days.

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6 AMENDMENT Amend Artic l e V II I (N ew Arti cl e IX) by add i ng a new Se c tion 11. New Article I X, Sectio n 11 , wi ll th en read as follo ws : ARTICLE I X TR.A DE P RACTICES SECTION 11. I n order to e l im in ate D esi g n P iracy as construed by the Registering Authority, i t shall be a n u nfair trade practice for any memb e r of the Industry to engrave or process a design or pat tern which has been registered with, and approved by, the Register ing Authority evidenced by the s tamp and regi s tration number of such Authority imprint ed on the original drawing or sketch of such design or pattern, without the written consent of the per so n in whose name s u c h design or pattern i s regi ste red. Every concern in th i s Industry engraving such r egistered designs or patterns s hall engrave s u c h registration number of the design or patt e rn on the roll er, when so requ ested, separate charge being made for that se rvi ce . A design, however, which the Regi s tering Author ity h as stamped as "s taple" need not bear any registration number. The Registering Authority, as used herein, means the Textile De sign Registration Bureau of the Federated Textile Indu str ies, Inc., a Connecti c ut non-profit corporation having its principal office at No. 468 Fourth Avenue, New York City, or such other Bureau as may be designated from time to time, in accordance with authority co nferred un der the Code or Codes approved by the Pre s ident and/or the Administrator for any branch of the Textile Printing Industry. The provisions hereof shall apply only to the engraving of d esigns for s uch branches of the textile printing industry operating und er codes of fair compet ition requiring regi s tration of de signs and providing that designs so registered s hall be reproduced only with the consent of the p e r s on registering the same . AMENDMENT Amend Article IX-:Modification by deleting the present Article and subst ituti ng as a new Article X the following: ARTICLE X-LIMITATION AND RESTRICTION OF PLANT EQU IPl\IEN T Recommendations (1) for the r e quirement of registration by per sons engaged in the Industry of their produ c tive machinery, which is defined to mean and include pantagraph ma c hines, eng raving ma <.'hines, and any other machine which in it se lf produces a fini s hed product; (2) for the requirement that prior to the in sta llati on of additional productiv e machine ry by persons engaged or e ngaging in the Ind u s try, except f or the replacement of a . s imilar numb e r of existing machines, or to bring the operation of existing productive machinery into balance, s u c h per . ons shall secure certificates that such installation will be cons i ste nt with effectuating the policy of the National Industrial Recovery A c t during the period of emer gency; and (3) for the granting or withholding by the Admini st rator

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7 of such certificates i:f so required by him, may be made b y the Cod e Authority and upon approval by him such recommendation s shall become effective and binding upon every m em ber of the indu stry. The Admini s trator, however, shall not consider recommendations ( 1 to 3) herein provided unle ss the Joint Indu str ial R e la tions Board, created by Articl e VI of thi s Code s hall ha ve fir s t giv en it s approval :for the nec ess it y thereof. AMEN Dl\IENT D e lete Articl e X-Monopolies and s ub st itute therefor Article XI Modifi ca tion, to read as foll ow : SECTION 1. Thi Code and all the provisions ther eof are expres ly made sub j ect to the right of the President in accordan ce with the provisions of Se ctio n 10 (b) of the Act, from time to time, to cancel or modify any order, approval, li cense, rule or regulation i ssued und er said Act . SECTION 2. This Code, except as to provi s ions r equired by the Act, ma y be modified on the basis of experience or change in circum stances, such modifi catio n to be based upon application to the Acln1in i strato r and such notice and hearing as he s hall specify, and to b ecome effective on approval by the President. AMENDMEN T D e l e t e Article XI-Effective Date and substit ute therefor Article XII-Th1 onopo li s, to read as follows : SECTION 1. Nothing in this Code sha ll be interpreted or applied in u ch manner as to permit or promote monopo li es or monopolistic pra c ti ces, permit or encourage unfair compet ition or to eliminate, oppr ess or discriminate against sma ll enterprises . AMENDMEN T A del new Article XIII-Effe ctive D ate, to read as follows: SECTION 1. Thi s Code shall become effect i ve on the tenth day after its approval by the Pr esident . ApproYed Code No. 324-Amendment No. 2. Re g i st r y No. 504-9-0 1. 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 LY RAS IS and the Sloan Foundation http: // www.archive.org / details / amendmenttocodeo 7431 unit

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UNIVERSITY OF FLORIDA II I II 11111 1 Ill I l l 11 1 111 1 111 I I 1 11 1 11 II 1 111 1 1 II 1 1 11 1 1 I I 11111 1 111 I I 3 1262 08584 7431