Citation
Code of fair competition for the metal lath manufacturing industry as approved on March 17, 1934

Material Information

Title:
Code of fair competition for the metal lath manufacturing industry as approved on March 17, 1934
Portion of title:
Metal lalth manufacturing 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:
p. 195-208 : ; 24 cm.

Subjects

Subjects / Keywords:
Machine-tools -- United States ( lcsh )
Lathes ( 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. 1123-03."
General Note:
"Approved Code No. 344."

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:
004938268 ( ALEPH )
63655259 ( OCLC )

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UNIV. OF FL LIB.




U.S. DEPOltTOftY I


I -'I
Pur sale by' the Bplerintendent of Documents. Washington, D.C. --- Price 5 cents


Approved Code No. 344


Registry No. 1123--03


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION ,
FOR THE


METAL LATHrk

MANUFACTURING ~INDUitRY


AS APPROVED ON MARCH 17, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
























This publication is for sale by the Superintenident of Documenuts, Goverrnment
Printing O~there, WnshingtOon, D.C., and by district ofices of the Bureau ofl
Foreign and Domestic Commeree.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
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Chicago, Ill.:, Suite 17i06, 201 Nuorthl WTells Street.
Cleveland, Ohio: C~lhamber of Commerce.
Darllas, Tex.: Chamber of Commerce Building.
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Houston, Tex.: Chamber of Commerce Building.
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New Orleans, La.: Room 225-A1, Custombouse.sr
New York, N.Y.: 734 Customhouse.
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Philndelplhia, Pa.: 422 Commuerc~ial Trust Building.
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San Francisco, Calif.: 810 Custo~mbouse.
Seattle, W~ash.: 809 Federal Olithe Building.













Approved Code No. 344


CODE OF FAIR COMPETITION
FOR THE

METAL LATH MANUFACTURING INDUSTRY

As Approved on March 17, 1934


ORDER

APPROVING CODE OF FAIR COMPETITION FOR THIE '1\ETAL LBTn
M~N~FBaIracamNG INDUSTRY
An application hav~ingr been duly made pursuant to and in full
compliance with the provisions of Title I of tbhe National Industrial
Recovery Act, approvedl June 16, 1933, for approval of a Code of Fair
Competition for th~e Mletal Lath Mfanufacturing Industry, and hear-
ings having been; duly held thereon and the annexed report on said
Code, containing findings with respect thereto, having been made and
directed to the President:
NOWY. THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said ~Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Codie of Fair Corn-
petition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator fo~r Indust~rial Recov~ery.
Approval recommended:
WV. A. HARRIMAN,
Divrisio~n Ad ministrator.
WASHINGTON, D.C.,
Atarch 17i, 1935


47016*---429t--o at


(195)













REPORT TO THE PRESIDENT


The PRESIDENT,
The Wlhite House.
SmR: This is a report on the Code of Fa~ir Comp~etition for the
Metal Luth M~anufacturing Indust~ry in the United States, as revised
after a public hearing conducted in Washington on November 23,
1933, in accordance with the provisions of Title I of the National
Industrial Recovery A~ct.

PRO\'ISIONS AS TO HOURS AND W'AGES

]Between Novembber 1st and M~arch 1st employees ar~e not permiitted
to work more than th~irty~-two hourrs a week andl eight hours a dlay.
During the other eight months of the year, employees are not per-
mitted to work more than forty hours a week and eight hours a day.
To meet production peaks, employees are permitted to work
forty hours a week and eight hours a da1y during any six weeks
between November 1st and March ist; forty-eight hours a week and
eight hours a day during any twelve weeks between MIarch 1st and
November 1st; providled one and one-half times the normal rate is
paid for hours wForked? in excess of forty~ a week and eight a day.
W(atchmnen are permitted to work fifty-six hours a week.
Engineers and certain other classes of employees, not exceeding
ten per cent of an employer's total number of plant employees, are
permitted a tolerance of ten per cent over their normal hours but
in no event more than forty-eight a week provided one and one-half
times thie normasl rate is paid for all hours worked in excess of
forty a week and eight a day. Between November 1st. and March
1st these classes of employees are permitted to work forty hours a
weekr.
Office, service andi sales employees are permitted to work forty
hours a week. Though eight hours is the daily normal, these classes
of emlployees are p~ermitted to w~or~k nine hours a dlay.
H-ourly limnitations do not apply to mnanagiers, executives or super-
visors who regullarly receive more thann thlirty-five dollars a week;
or to outside sales or sales service men.
Hourly limitations dlo not apply to emplloyees engaged in emer-
gency maintenance and repair work; or in the protection of life or
property provided one and one-half times the normal rate is paid
for hours worked in excess of forty a week or eight a day.
Employvees are not permitted to work; more than six days out of
any seven.
The minimum hourly rate for all employees, except office and sales
employees, shall be forty cents an hour.
Regalrdless of whether an employee is compensated on a time rate,
piece work or other basis, a minimum rate of uav is established.
(196)






197


Compensation of employees receiving more than the minimum
shall be equitably adjusted and reported to t~he Code Authority but
in no event shall rates of pay be reduced.
Office and sales employees shall receive either fifteen1, fourteen and
a half or fourteen dollars a week, depending upon the population of
the place of their employment.
W\;ithl the permission of the state authority, handcicappedl persons,
not exceeding five per cent of an emnploy~er's total number of
employees, may be employed on light work at wages below the
lminmum.
WVages shall be paid at least, bi-monthly andl shall be exempt. fromt
a~ny payments other than those voluntarily miade by an employee
or required by law.
Female employees performiingr substantially the samie workl as male
employees shall r~eceive the samie pay as ma~le employees.
No one under sixteen years of age shall be emlployed in the industry
nor anyone under eighteen years of age on machine operations.

ECONOMIIC EFFECTS OF THIS CODE

This Code provides a forty cent hourly minimum rate of pay.
The average minimum rate of pay prevaillg mn this industry in
1929 was thiirty-five cents ain hour. A decrease to twrenty-nine cents
occurred in 1933.
Operating under the President's Reemployme~nt Agreement this
industry's payrolls wer'e increased about fifteenl percent; this Code
will effect a further increase in payrolls of more than five percent.
The fifty-five hour average work weeke which prevaniledl in 1929
has been reduced, with minor exceptions, to forty hours a weeki dur-
ing eight months of thle year and to thirty-two hours a w~eek during
the other four months of the year. This reduction in working hours
should substantially increase the number of this industry's emp~loyees.
The straight forty hour wleekr for office employees pr1ovided byv this
Code will effect further increase in excess of the nine percent
reabsorption effectedl by the Presidlent's Reemiploymiient Agreement.
This Code will eliminate many unfair trade practices andi fneilitate
the rendition of better service to the construction indtustry.
At, present this i;ndulst~ry~ is operating at twelve percent of capacity;
substantial increases in production are contingent upon newr con-
sEtrlrut~ion whichl will rePsult inl ornrespolndingr incrcnsies in em~ploymnent.

FIN'DINGS

The Deputy Administrator in his final report to me on said Code,
hating found as herein set forth and on the basis of all the
p~roceedingas in this m~atter;3
I find that:
(a) Said Code is well designed to promote the policies andi pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to th~e free flow of interstate and foreign
commerce which tend to diminish t~he amount thereof and will pro-
vide for the general welfare by promoting the organization of
industry for the purpose of cooperative action among the trade






198


groups, by inducing and maintaining united action of labor and
management under adequate governmental sanctions and super-
vision, by eliminating unfair competitive practices, by promoting the
fullest possible utilization of the present productive capacity of
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing andl relieving unemnploymentn by improving
standards of labor, and by otherwise rehabilitating industry.
(b:) Said Industry~ normawlly employs not more than 50,000 em-
ployees; andi is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
t~inent. provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section ;3, Subsection (a) of Section 7,
and Subsection (b) of Section 10 thereof; and that the applicant
association is an industrial association truly representative of the
aforecsaid Industry; and that said association imposes no inequitable
restrictions on admission to membership thereinl.
(d) The: Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code Is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of th~e economic process have not
been deprived of the right to be heard prior to approval of said
Code.
For these reasons, therefore, I have approved this Code.
Respectfully,
HUGH S. JoHNSON,
Administratolr
Mance 17, 1934.













CODE OF FAIR COMfPETITION FOR MfETAL LATII
MANUFA-CTURING INDUSTRY

AnnousE I--PURPOSES

To effectuate the policies of Title: I of thle National Industrial
Recovery Act, the following provisions are. established as a Code
of Fair Competition for the Mietal Lath Mianufacturing Industry
and shall be the standard of fair competition for this industry, and
shall be bindinga upon ev-ery member t~hereof.
ARTICLE II--DEFINITIONS

The term "L metal lath manufacturing industry "' or "L the industry "
as used herein includes t~he manufacture and sale of metal lathi, metal
lath accessories, and expanded metal products except expanded metal
products not used for plastering purposes.
The term "L employee as used herein includes any person engaged
in the industry, in any capacity receiving compensation for his
services, irrespective of thle nature or method of payment of such
compensation.
The term employer as used herein includes anyone for whose
benefit such an employee is so engag~ed.
The ter~m "L member of the industry includes any manufacturer
engaged in t~he industry as herein defined.
The terms "President", "Act." and "Aminninstrator" as usedl
herein shall mean, respectively, the President. of the United States,
Title I of the National Indlustrial Recovery Act, and the Adminis-
trator for Industrial Recovery.
Population for the purposes of this Code shall be determiinedl by
reference to the 1930 Federal Cenisus.

ARTICLE ~III-Horms

SECTION 1. No employee shall be permitted to.work in excess of
thirty-two (32) hours in any week; or eight hours in any day during
the period fromt November" 1st to the following Mlarch 1st or in
excess of forty (40) hours in any week or eight hours in any day
during the per-iodl fromt M\arch 1st to N~ovember 1st., except as
hereinafter provided.
SECTION 4. TO meet production peaks, an employee may be per-
mitted to work in excess of thirty-two (32) hours but not to exceed
forty (40) hours in any week or eight hours in any day during any
six weeks during the said November to M~arch period described in
Section 1 hereof, and in excess of fortyr (40) hours but not to exceed
forty-eight (48) hours per week or eight hours per day in any
(189)






200


twelve (12) weeks during csid Mlarch to November period described
in Section 1 her~eof.
SEcTION 3. The maximum hours for watchmen shall be fifty-six
(56) hours in any one week.
SECTION 4. Electricians, repair and maintenance crews, engineers,
trulckmen, firemen and departmental foremen, not exceeding ten
(10) percent of an emnployer's total number of plant and factory
emplloyees, mlay be permlitted to work a tolerance of ten (10) per-
cent over t~he daily and weekly hours provided in the foregoing sec-
tions 1 and 2, but in no event more than fiortyv-eight (48) hours in
any week; provided, however, that during the said November to
March period, engineers, truckmen, firemen and departmental fore-
men may be permitted to work forty (40) hours in any week.
SECTION 5. No accounting, clerical, office~, service or sales employee
shllll be permitted to workr in excess of forty (40) ours per week
or nine hours per dlay. A normal day shall not exceed eight hours.
SrrETow 6. Th1e provisions of this Article shall not apply to em-
ployees serving in a managerial, executive or supervisory capacity
who regularly receive more than thirt~y-five (35) dollars per week;
or to outside sales or outside sales service men.
SECTION 7. All employees covered by Sections 1, 2, 4, and 8 of
this Article III, shall be paid at one and one-half (1y/2) times their
ordinaryT rates for every hour worked above forty (40) hours in one
week or eight (8) hours in one day.
SECTIlON 8. The provisions of this Article shall not apply to
employees of any class when engaged in emergency maintenance and
repair workr or in the. protection of life or property.
SECTION 9. No employee shall work more than six days out of
any seven.
A~RTICLE 1- WAGES
SEC'TION 1. No employees e~xrlcluing accounting, clerical, offit-e and
sales employees, shall be paid at less than the rate of forty (40)
cents per hour.
SECTION 2. Section 1 of this Article establishes a minimum rate
of pay regardless of whether the employee is compensated on a time
rate or piece ~orki or other basis.
SECTION 3. Equitable adjustment of compensation of employees
receiving mlore than the mninimlum rates of pay hlerein prescribed
shall be made byr all employers who have not heretofore made
such adljustments, and all employers shall within sixty (60) days
after approval of this Ciode, report in full to the Code Authority
concerning such adjustments whether made prior to or subsequent
to such approval, provided, however, that in no event shall rates
of pany be red~uced.
SECTION 4. NO accounting, ClerICR@, Oflee, OF Sales employee shall
be p~aid at less than the rate of fifteen (15) dollars per week when
employed in any city of over 500,000 population or in the immediate
trade area of any such city; or at less than the rate of fourteen (14)
dollars and fifty (50) cents per week when employed in any city of
between 250,000 and 500.000 popullation, or in t.hre immediate trade
area of any sulch citc~y; or at less than the rate of fourteen (141) dollars






-201


per week when employed in any city or town of less than 250,000
population, or in the immediate trade area of any such city or town.
SECTION 5. A person whose earning capacity is limited because
of age or physical or mental handicap may be employed on light
work at a, wage belowr the minimum established by this Code, if the
employers obtains from the state authority designated and gulided
by the instructions of t~he United States Department of Labor, a
certificate authlorizing his employment at such wage as shall be stated
in the certificate, but such employees shall not exceed five per cent of
any employer's total number of employees. Each employer shall file
with the Code Authority a list of all such persons employed by him.
SECrlow 6. WC~ages shall be exempt from any payment for pensions,
insurance, or sick benefits other than those voluntarily paid by the
wage earners, or required by State or Federal laws. Wages shall be
paid at least at the end of every two-week period, and salaries at
least at the end of every month.
SECTION 7. Female employees performing substantially the same
work as male employees shall receive the same pay as male employees.
ARTICLE V--GENERAL LABOR PROVISIONS

SECTION 1. No person under sixteen (16) years of age shall be em-
ployed in the industry. No person under eighteen (18) years of age
shall be employed on machine operations.
SECTION 2. In compliance withl Section 7 (a) of the Act it is pro-
vided: (a) Employees shaUl have the right to organize and bargaain
collectively through representatives of their own choosing, and shall
be free from t~he interference, restraint or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organizat~ion or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection (b)
No employeeP and no one seeking employment shall be required as a
condition of employment to join any company union or to refrain
from jo.2mng, orgamizmng or assisting a labor organization of his
own choosing; (c) Employers shall comply with the maximum hours
of labor, mninim~um rates of pay and other conditions of employment
approved or prescribed by the President.
SECTION 3. NO emplOyer Shall reclassify employees or duties of
occupations performed nor resort to any other subterfuge for the
purpose of defeating the purposes or provisions of the Act or of this
Code.
SECTION 4. Each employer shall post under such rules as thie Ad-
ministrator may prescribe, in conspicuous places, accessible to em-
ployees, copies of this Code.
SECTION 5. No employer shall knowingly permit any employee to
work for any time which when totaled with that already performed
with another employer in this or any industry exceeds the maximum
permitted herein.
SECTION 6. No provision in this Code shall supersede any state or
federal law which imposes on employers more stringent requirements
as to age of employees, wages, hours of work or as to safety, health,
sanitary or general working conditions or insurance or fire proteo-
tion than are imposed by this Code.






202


SECTION 7. Each employer shall makre reasonable provisions for the
health and safety of his wForkmen at. the place and during the hours
of their employment. Standards for safety and health shall be sub-
miitted by the Code Authority to the Administrator for approval
before June 1, 1934.
ARTICLE VI- COSTS

SEC'TION..1 The Code Authority shall cause to be formulated an
accounting system and methods of cost finding and..-'or estimating
capable of use by all memlbers of the industry. After such system
and methods have been formulated and approved by the Adminis-
trator, full details concerning them shall be made available t~o all
members. Thereafter al members shall dleterminle and/or estimate
costs in accordance with thne principles of such methoed.
SECTION 2. NJO Diembfer of the industry, after thle adoption by the
Code ,Auth~ority and approval by the Admuinistr~ator of a uniform
cost formula, shall quote or sell any industry product. below suchl
member's cost as determined by such formula, except that any mem-
ber of this industry may meet a comlpetitor's established market price
or published price on suchL industrypoutwihha enfldi
the annr prvidd i ArtcleVIIof this Code, or except with
thet consent of and under such terms as may~be determined by the
CoeP Aulthorityr acting uponn appication filed in writingr by a mem-
ber of the industry for peirmission to sell certain of its products at a
price less than cost. Any such exception granted by the Code
Authority shall be available to all members of the industry within
the limitations of thle exception granted. Established market price
on any industry product for thie purpose of this section means the
price at which anly competitor is selling such product.
ARTICL VII PUBRLICATION OF PRICE

SECtroN 1. Each member of the I~ndustry shall, within five (5)
ilays of the effective date of this Code, ublishl and file with the
Codle Ault1 ority, or such other agency as the Code Authority may
designate, complete lists or schedules of prices and terms and con-
ditonsofsal o al idusryproducts offered for sale by such mem-
ber, except to ario'ther mnembro h nutyadsals uls
anld file all subsequent changes therein or revisions thereof, and such
price lists or schedules and terms and conlditions of sale, and changes
or revisions thereof as aforesaid so filed, shall for the purpose of this
Code be treated as the published, price lists or schedules and terms
and conditions of sale of the member filing the same, and shall
be available to each member of the industry and after the effective
date thereof to all interested parties. The Code Aut~hority shall
prom~ptlyr cause a copy of all such price lists and terms and condi-
tions of sale, and all changes therein or revisions thereof to be sent,
to each member of the Industry.
SEC'TIONh 2. NO member of the Industry shall offer for sale, quote
on, or sell any of its industry products at a price or prices, or upon
terms and conditions other than those stated in such member's pub-
lished price list and the terms and conditions of sale then in effect;
except to another member of the industry.






203


SECTION 3. If at any time hereafter the Administrator shall give
his approval to the requirement that subsequent changes or revisions
of any price lists or terms or conditions of sale as provided in See-
tion 1 hereof shall be filed a specific period of time prior to the
effective date thereof, the Code Authority may provide that all
changes in such price lists or ter~msi or conditions of sale or revisions
thereof thereafter filed shall be filed five days (or such other period
of time as may be approvedl by the Administraotor)) prior to the
effective date of any such subsequent changes or revisions, and such
price lists or schedules and terms and conditions of sale, anid changes
or revisions thereof as aforesaid so filed, (unless the mlember filing
such changes or' revisions shall cancel the same before the effective
date thereof) shall for the purpose of this Ciode be treated as the
published price lists or schedules and terms and conditions of sale
of the member filing the same, and shall be available to eac-h m~emb~er
of the Indlustry and after the effective date t-hereof to all interested
parties. The Code Authority shall promptly cause a copy~ of all such
price lists and terms and conditions of sale, and all1 changes therein.
or revisions thereof', to be sent to each member of the Industry.
In the event that any Industry member shall not receive sufficient
notice of th~e filing by any other Industry member of changes in an-
other member's prices or terms and conditions of sale. as will enable
such mlember to meet such changes on the effective date thereof, such
member may file wvith the. appropriate agency such changes in his
prices or terms and conditions of sale as may be required to meet the
changes filed by another member. Changes so filed shall become
effective. on the same date as the effective date for the changes of
such other member first filing as aforesaid, or, if those changes
shall have already become effective, then the changes subsequently
ARTICLE VIII-ATERCHANDISIING PLAN

SECTION 1. The Code Authority may prepare and f~rom time to
time revise a merchandising plan for the sale and distribution of
industry produicts conta.ining such provisions as may be necessary
or prnper to insulre fair' selling methods by t~he industry and to pre-
vent unfair competitive practices, which plan, or changes therein or
additions thereto, after adoptionn by the Code Authority and approval
byv the Administrator may be adopted by any member of the industry
and included in the member's terms and condlit~ions of sale as filed
with the Code AuthorityV. Upon the approval of any such merchan-
disingr plan or any changes therein or additions thereto by the Ad-
ministrator, after such notice and hearing as he may prescribe, the
same shall become a part. of this Code and binding upon the members
of the industry, and thereafter each member of the industry shall sell
and dlistribute all indist-ry products in accordance with such merchan-
dising plan, or any such changes therein or additions thereto.
ARTIICLE IX-TPRADE PRACTICES

SECTION 1. A trade practice code for the industry is attached
hereto as Exhibit A and made a. part hereof.






204


Anly deviation from the standards of fair dealing set forth in such
trade practice code (adlopted for this industry) or any amendments
thereof shall be considleredl an unfair method of competition.

ARTICLE XC-ADM.INhISTRATION

T~o further effectuate the policies of t~he Act., a Code Auithority is
hiereby set up to admiinister the Code in cooperation withl the
AdmlIni nist ra tor.
SECTION 1. The Code Authority shall consist of one representativTe
f-romn each member of the industry who shall subscribe to the Code
and pay a2 pro rata share of the expenses as provided in Section 8 of
Article X3. In addition there may be not to exceed three members
wFithlout v'ote and without cost to the industry, appointed by the
Administrator to serve for such periods as the Administrator mnay
designlate.
SECTION 2. The Code Authority shall be the general planning and
fair practice agaency for the industry and shall in addition to the
ot her powers and duties elsewhere in the Code conferred upon it,
have full power and authority fromt timne to time to require such
reports from members of the industry with respect to capacity, pro-
duction and orders for shipment, persons employed, w~age rates,
eanplingg and hours of labor, prices, costs and other items as mnay be
necessaryv to advise it, adequately in the administration and enforce-
mient of the provisions of this Code or as the Admninistrator mayr
require; and to make recommlendation for the standardization of
products by the members of the industry. It, shall also hiave power
and authority to propose amneindments, to make rules and regulations
as may be required for the effectiv-e exercise of the powers herein con-
ferred upon it for thle administration of this C'ode and to cooperate
with the Adlministr~ator and other proper Governmecnt officials in the
enforcement of this Code.
SECTION 3. In Oi'tle t0 nSiiHre confiidentlal treatment. of individual
figures, all reports, data and information which the said Code Au-
thority is emlpoweredl to collect. or receive shall be collected or
received by an agency appointed byY thle Code Auithority, not a
members or connected with a mnemiber of the indus~try, or, in the ab-
sence of such appointment, the Secr~etary of the Me~tal Lath Manu-
facturers Associat~ion is hereby appointed thle agent to collect or
receive the samne. Thle agency so collecting or receiving any such
reports! data and information shall keep the samle confidential as to
indlividlual reports except when required by the Administrator. All
such reports, data. andl information shall be fully available at all
times to the proper Grovernment officials.
SECTION ;l. COllUSlon between any industry member and any such
confidential agency for the purpose of examiining~ any report or data
or obtainingr any information collected or received by such confi-
dential agency shall constitute unfair comnpetit.ion and shall be a
violation of the Code.
SECTION 5j. The Code Authority may appoint a committee of not
more than five of members of the industry and delegate to any such
See paragraph 2 of order approvingr this Code.






205


chomitticu~nfe~e anyi of the authority herein granted to the Code Au-
ferences with the Presiden't or his agents concerning the approval
or amendment of this Codle or any of its provisions or any other
matters relating t~hereto. Any committee so appointed shall exer-
cise only the authority specifically delegated to it by the Ciode
Authority in the resolution appointing the same anid the Code
Authority shall be responsible for all authorized acts of any such
committee.
SECTION 6. At any duly called meeting of t~he Code Authority, a
three-fourths affirmative vote of the industry members present at
the meeting either in person or by the member's alternate, shall
be required to mnake effective any action of the Code Authority.
Any member of the Code Aulthority, in his absence, mnay be repre-
sented by an alternate, appointed in writing by him, who shall be
a person actively connected with the same company with which
the member making the appointment is connected. A majority
of the voting members of the Code Authority at any duly~ called
meeting shall constitute a quorum.
SECTION 7. Any interested par~ty shall have the right of complaint
to the Code Authority and a prompt hearing and decision ther~eon
under such rules and. regulations as may be approved by the Adminis-
trat~or, in respect to any act of the Code Authority or any agency
designated by the Code Authority to act on its behalf. If the Ad-
ministrator shall determine that any action of a Code Authority or
any agency thereof mnay be unfair or unjust or contrary to the public
interest, the Administrator may require that such action be sus-
pended to afford an opportunity for investigation of the merits of
such action and further consideration by such Code Authority or
agency pending final action, which shall not be effective unless the
Administrator approves or unless he shall fail to disapprove after
thirty (30) days' notice to him of intention to proceed with such
action in it~s original or modified form.
SECTION 8. All expenses involved in administering the Code shall
be determined by the Code Authority and prorated equitably, subject
to disapproval by the Administrator, among members of the industry
who assent to the Code or accept any of the benefits thereof. The
proration of all such expenses shall be on the basis either of volume
of out-put or dollar value of domestic sales (excluding sales to other
industry members signing the Code) during a specified period of
time as the Code Authority shall determine.
SECTION 9. Nothing contained in this Code shall constitute the
members of the Code Authority partners for any purpose. Nor shal~l
any member of the Code Authority be liable in any manner to any-
one for any act of any other member, officer, agent or employee of
the Code Authority, nor shall any member of the Code Auth~orit~y,
exercising reasonable diligence in the conduct of his duties hereunder
be liable to anyone for any action or omission to act under the Code
except for his own wilful misfeasance or non-feasance.
SECTION 10. In addition to information required to be submitted
to the Code Authority, all or any of the persons subject to this code,
shall furnish such statistical information as the Administrator may
deem necessary for the purposes recited in Section 3 (a) of said act






206


to such Federal and State agencies as the Administrator may desig-
nate; nor shall anything in any code relieve any person of any
existing obligation to furnish reports to Gover~nment agenexes.
ARTICLE XI--GENERAL

SECTION 1. Enchi trade or industrial association directly or in-
directly. participatingr in the selection or activities of the Code
AuirthorityI shall (1) impose no inequiitable restrictions on memnber-
ship, and ('2) submit to the Admininstrator true copies of its articles
of association, by-laws, regulations, and any amendments when made
thereto, togaether wTith such other -informattion as to membership,
organization, andi activities as the Administrator may deem necessary
to effectulate the purposes of the Act.
SECTION 2~. No provisions of this Code shall be interpreted or
apphled in such manner as to promote or permit monopolies or
mnonopolistic practices; permit. or encourage unfair competition;
eliminate or oppress small enterprises or discriminate against them.
SEcTION 3. Articles VI, VTII, VIII and IX of this Code, and any
Trade Practice Codte or Mlerchanndising Plan incorporated herein or
adoptedl pursunnt her~eto shall not apply to industry products sold
for expor~t.
SECTIO)N 41. As~ rtquir~ed by Section 10 (b) of Title I of the Act
the follow~ing p>rovision is contained in this Code: The President
may from timne to timne eannel or modify a~ny order, approval, license,
rulle or r~egulation issued under said Act.
S~ECTION 5r. SulchI of the provisions of this Code as are not required
to be included~ herein by the Act may upon submission to the industry
and approval by the Administrator, be modified or elimiinatedl as
changes in circumstances or experience may indicate. It is contem-
plated that from time to time supplementaryv provisions to this C~ode
or additionall codes may be proposed to prevent unfair competition
in prices andi other unfair and destructive competitive practices and
to effectulate the others purposes and policies of Title I of the Act. and
anty such supplementary provisions or additional codes, after sub-
miission to the industry and approval by th~e Admuinistrator after
such notice andC hearing as he ma rsrie hllbcm a-ato
thisCod andeffctie assuc. Te Code Authorit~y may make any
such proposals for molificatioon, supplementary provisions or
ndtlitional codes in the manner above provided.
SECTION G. Violation by any' member of this industry of any of
the provisions of this Co~de or of any approved amendment hereof
shall constitute an unfair method of competition.
SECTION 7i. This Codle and all of thle provisions thereof shall cease
to be in effect on' June 16, 1935, or sooner if t~he President shall by
proclamation or the Congress shall by joint. resolution declare that
the emergrency recognized by Section 1 of the National Industrial
Recovery Act has ended.
SEOTION 8. Th1is Code shall be in effect beginning the second
Monday after its approval by the President.
Approved Code No. 344.
Registry No. 1123-03.












EXHIBIT A


TRADE PRACTICE CODE

SinnroN 1. Any deviation from any of the provisions of this Code shall be
deemed an unfair method of competition in the Metal Lath Industry.
SECnON 2. Standard Form~s of Quotadtion. a~nd Contract.--The Code Authority
may adopt standard forms of quotations and contracts for the industry, subject
to approval thereof by the Administrator, and all quotations and contracts shall
be made substantially in accordance w~ith the terms and conditions set forth in
such standard forms of quotations and contracts so adopt-ed and approved.
Any departure from said standard terms and conditions in the making of any
quotation or contract in any transaction shall be deemed onI unfair method of
competition.
SmarroN 3. Conmmeroila. Briber-U.--No member of the Industry shnUl give, per-
mit to be given, or directly offer to give, anything of value for the purpose of
influencing or rewarding the! action of any employee, agent, or representative of
another in relation to the business of the employer of such employee, the princi-
pal of such agent or the represented party, without the knowledge of such
employer, principal or party. Commercial bribery provisions shall not be
construed to prohibit free and general distribution of articles commonly used
for advertising except so far as such articles are actually used for commercial
bribery as hereinabove defined.
SmecTow 4. Rebates.--The secret payment or allowance of rebates, refunds,
credits, unearned discounts, or other allowances, whether in the form of money
or gifts, or otherwise, or the extending to certain purchasers special privileges,
including discriminatory allowances for advertising, damage claims, services
or other considerations not customarily extended to all purchasers under like
terms and conditions, shall be deemed an unfair method of competition.
SECTION 5. Defamation of Compe~titors.--The defamation of a competitor by
words or acts which untruthfully call in question its business integrity, its
ability to perform its contracts, its credit standing or the grade, quality or
quantity of its goods shall be deemed an unfair method of competition.
SECerroN 6, Induc~ing Breach of Contr-act.---The wilful interference with any
existing contracts between any other manufacturer and a dealer or consumer,
or any other party, involving or relating to the sale of industry products for
the purpose or with the effect of dissipating, destroying or appropriating, in
whole or in part, the business represented by such contracts, shall be deemed
an unfair method of competition.
SEcrlON 7. False Brand~ing.--The mark-inga, branding or labeling of industry
products or the shipment of these products without label or identification tags,
or the misrepresentation in connection w~ith the sale of such products, for the
purpose or with the effect of misleading or deceiving purchasers with respect
to the quantity, quality, price, weight, gauge, metal or~ finish thereof, shall be
deemed an unfair method of competition.
SnaxoN 8. Imitations of Trade-Mlark.--The imitation or simulation of any
trade-mark, trade namue, package, brand or label of a competitor in such
degree as to deceive or have the tendency to deceive customers shall be deemed
an unfair method of competition.
SicorroN 9. Discrimrinallonb in Price.-Discrimination in price, either directly
or indirectly between different purchasers of commodities, except (1) on account
of difference in quantity, quality or grade of product sold, (2) the making of
a reasonable differential in price charged to different classes of trade, (3) the
making of different prices in dillerent markets, according to usual distribution
of such products prevailing in the trade or industry, shall be deemed an unfair
method of competition, provided, however, that nothing herein contained shall
prevent persons engaged in selling the products of this industry from selecting
their own customers. This section shall not apply to sales to another member
of the industry.
SEncrriow 10. Com~ignmnenrt.--No member of the industry shall ship goods on
consignment except under circumstances to be defined by the Code Authority
where peculiar circumstances of the industry require the practice.
SicerloN 11. shipenlct Wtith-~out Ordler.--The making of shipments, other
than those involving mere transfer of industry products to manufacturers'
(207)




UNIVERSITY OF FLORIDA

lYIlllI lllllllI lI lll11111111|1111|1111111111111
208 3 1262 08584 7290

warehouses or plants, without In each case having an order from a enetomer
for shipment at the time of making shipment, shall be deemed an unfair
method of competition.
Secrlow 12. Erpi~rationr of Quotation,.--The quoting of prices without the
specifle provision that such quotations are subject to change without notice,
within such limiitations as are imposed by this Code, except for quotations on
specific job rcontrac~ts, or where necessary, for Fedleral Government, State,
County or 111ulic'ipal bids, shall be deemed an unfair method of competition.
SecTnoN 13. Failurer to State U'nit Price.--The submission of bids for two
or more c~onurlnodities, one or mnore of which are industry products, in which
the unit price of each commodity is not clearly stated, shall be deemed an
unfair methiod of compiIetition.
SECTION 1-1. Specific Job C'ontracts.-1\laking any contract or accepting any
order for industry products for' future delivery to cover any specific Job
without first having r~eceiv-ed a true copy of a bona fide contract, or definite
siupporting information evidencing a bona fide contract, between the dealer
and contrnc~tor, l who has been awarded the contract, covering any such material
required for that job andl stating definitely the quantity of such material
required, the location of the job and the name of the contractor, shall be
deemed an unfair method of competition; provided, however, that nothing
herein shall prevent a1 member of the industry from protecting any quotation
covering a spec~ifc job for a period not exceeding 30 days, except F~ederal GorT-
ernment job quotations which may be protected for 60 days, but when no
specific job contract is made with thle dealer or contractor within 30 days, or
within 60 days in the case of the Fedleral Government jobs, then any contract
subsequently executed for the sale of products for such job shall be made
at the price then in effect.
Season 15j. Lurmp Sum~n Conltractr.--The submission of bids and/or necept-
ance of orders for industry products by a member on a lump sum basis shall
be deemed an unfair method of competition, except where lump sum bids are
made for floor lath with steel joists and/'or ceiling lath for permanent form
construction, then such bids shall specify the quantity, type of lath and unit
price.
SEccPION 16. rO,~ibindaifoHr Sa0.--The Selling Or Offering for sale Of 0081-
modities not within the Industry at prices below the current list-price therefore,
in order to influence the sale of industry products shall be deemed an unfair
method of competition.
SaIcrI.oN 17. Sust~iitu(tionL.--The marllkinlg and selling of any industry products
having superior qualities and higher prices, as inferior and lower priced
products, andl so marketing at a lower price than that established by the
member for such superior products shall be deemed an unfair method of
com peti tion.
SncTIoN 18. f'ontingent Sales.--The purchase of material from a buyer of
industry products made contingent on the sale of industry products by a
member of thle industry shall be deemed an unfair method of competition.
SctrrxoN 19. Split ing of Comipenrsat ion.--Splitting of compensation received
by an employee or agent of a member with thle buyer of industry products for
the purpose or with the ellec~t of influencing a sale shall be deemed an unfair
method of competition.
SECrcoN 20.-SFhipping onl Speciftic Job Colltracts.--The shipping of industry
products on specific job contracts in excess of the materials requited for the
job shall be deemed an unfair method of competition.
SE.~oTIN 21. Outfstanding Contr~acts.-All bona fide contracts for sale of
industry prodc~ucts taken before the ellec~tive date of this code and filed (except
sales to other members) with the Code Authority and all bona fide contracts
and orders for shipment taken after the effective date of this Code may be
shipped at the price at which the contract or order was taken; and material
sold under such contracts shall be applied only on thle contract or order under
which ship~ment is so made.
Smar~roN 22. Or'ders for Malteriodl and Labor.--The acceptance by a member
of an order for inlu~stry products together with the labor required for the
erection of same and/or the guaranteeing by a member of the cost of erection
of same, shall be deemed an unfair method of competition.




Full Text

PAGE 1

t/ Approved Code No. 344 Registry No. 1123-03 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE METAL LATH I MANUFACTURING INDUSTRY AS APPROVED ON MARCH 17, 1934 WE DO OUR PART I I O -= .. ' , ... __ _ . I U . S. DEPOfflTORY ------------UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents

PAGE 2

Thi s pu b li cat ion is for sa le by th e Su pe rinteud e ot of Do c um e nts, Governme:it Prin t in g O ffic e, W as hi ngton, D . C., an d b y disni c t o ffic es of the Bureau of For e ign a nd D o m e stic C o m merce. DISTRICT OFFICES OF THE D"P ARTMENT OF COMMERCE Atlanta, Ga. : 504 Post Office Building . Birmin g ham, Ala. : 257 Federal Building. Bost o n, Ma s s . : 1801 Customh o use. Buffalo, N . Y.: Chamber of Commerce Building. Charleston, S.C.: Ch a mber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : C hamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. D e troit, l \'[i c h.: 8 01 Fir s t Nati o n a l Bank Building. Houston, Tex . : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, l\I o .: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. L o ui s ville, Ky. : 4 0 8 Federal Building. Memphi s, Tenn . : 229 Federal Building . Minneapolis, Minn. : 213 Federal Building. N e w Orl ea n s, L a . : Room 2 2 5-A, Cu s t o mh o u se . New York, N.Y . : 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philad f' lphia , P a .: 4 2 2 Comm e r cia l Trust Building. Pittsburgh , Pa.: Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo. : 506 Olive Stre e t. S a n Franci s co, C alif. : 310 C u s t o mhouse. S ea ttl e, Was h.: 809 F edera l O ffi ce Buildi n g .

PAGE 3

Approved Code No. 344 CODE OF FAIR COMPETITION FOR THE METAL LATH MANUFACTURING INDUSTRY As Approved on March 17, 1934 ORDER APPROYTXG CODE OF FAIR COMPETITION FOR THE METAL LATH MANUFACTURING INDUSTRY An application haing been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Code of Fair Competition for the Metal Lath Manufacturing Industry, and hear ings having been duly held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the Pr esident of the United States, I, Hugh S. Johnson Administrator for Industri al Recovery, pursuant to authority vested in me by Executive Orders of the Presi dent, including Executive Order No. 6543-A, dated December 30 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Code complies in all respects with the pertinent provision and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code of Fair Com petition be and it is hereby approved. ApproYal recommended: ,v. A. HARRIMAN, HUGH s. JOHNSON, Adm , inistrator for Industrial Recovery. Dii is ion Ad1n i nistrator . WASHI~GTO~, D.C., March 17, 1934. 47016-425-9~3.f (195)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The vV hite H ouise. Sm: This is a report on the Code of Fair Competition for the Metal Lath Manufacturing Industry in the United State as revised after a public hearing conducted in Washington on November 23, 1933 , in accordance with the provisions of Title I of the National Industrial R ecove ry Act. PROYISIONS AS TO HOURS AND WAGES Between November 1st and March 1st employees are not permitted to work more than thirty-two hours a week and eight hours a day. During the other eight months of the year, employees are not per mitted to work more than forty hours a week and eight hours a day. To meet production peaks, employees are permitted to work forty hours a week and eight hours a day during any six week between November 1st and March 1st; forty-eight hours a week and eight hours a day during any twelve weeks between March 1st and November 1st; provided one and one-half tim.es the normal rate is paid for hours worked in excess of forty a week and eight a day. Watchmen are permitted to work fifty-six hours a week. Engineers and certain other classes of employees, not exceeding ten per cent of an employer's total number of plant employees, are permitted a tolerance of ten per cent over their normal hours but in no event more than forty-eight a week provided one and one-half times the normal rate is paid for all hours worked in excess of forty a week and eight a day. Between N o-vember 1st and l\1arch 1st these classes of employees are permitted to work forty hours a week. Offi c e, service and sales employees are permitted to work forty hours a week. Though eight hours is the daily normal, these classes of employees are permitted to work nine hours a day. Hourly limitations do not apply to managers, executives or super vi sors who regularly receive more than thirty-five dollars a week; or to outside sales or sales service men. Hourly limitations do not apply to employees engaged in emer gency maintenance and repair work or in the protection of life or property provided one and one-half time s the normal rate is paid for hours worked in excess of forty a week or eight a day. Employees are not permitted to work more than six days out of any seven. The minimum hourly rate for all employees, except office and sales employees, shall be forty cents an hour. Regardless of whether an employee is compensated on a time rate, piece work or other basis, a minimum rate of pav is established. (196)

PAGE 5

197 Compen s ation of employe es rec e iving more than th e minimum shall be equitably adju s ted and reported to the Code Authorit y but in no event shall rate s of pay be redu c ed. Office and s ale s emplo yees s hall r ece i ve e ith e r fift ee n , f o urte e n and a half or fourt e en dollar s a w ee k d e pendin g up o n th e population of the pla c o f th e ir e mplo y m e nt. vVith th e p e rmi ion of th e s tat e authority, h a ndi ca pp e d p er s on s , not e x cee din g five per ce nt of an e mpl oye r' s total number of en:ip_loye es, may be employed on light work at wag es b e low the m1n1m um. Wages s hall be paid at lea s t bi-monthly and s hall b e ex e mpt from any paym e nt s other than tho se volunt a rily made by an employee or required by law. Female emplo yees performing s u bst anti a lly th e s am e work a male employe es s hall r e ceive the sam e pa y a s male employ ees . No one under sixteen year s of age s hall b e e mplo ye d in th e indu s try nor anyone und e r eighteen years of age on machine op e rations. ECONQl\IIC EFFE C TS OF THIS CODE Thi s Code provides a forty cent hourly minimum rate of pay. The average minimum rate of pay prevailing in thi s in d u s try in 1929 was thirty-five cent an hour. A de c rea s e to tw e nt y -nine c e nts occurred in 1933. Operating under the Pre s ident's Reemployment Agreement this industry's payroll were in c reas e d about fifteen percent; this Code will effect a furth e r increa se in pa y roll s of more than five percent. The fifty-five hour average work we e k which pr e vailed in 1929 has been reduced, with minor ex ce ption s , to forty hour s a we e k dur ing eight month s of the year and to thirty-two hour s a we e k during the other four month s of th e y e ar. Thi s r e du c tion in wo r king hours should sub s tantially increa s e the number of thi s indu s try 's e mploye es . The straight forty hour w ee k for office employe es provid e d by this Code will effect further in c r e a ...:e in exce ss of th e nin e per c ent reab s orption eff e cted by the President 's R e emplo y m e nt A g re e ment. Thi s Cod e will eliminate many unfair trade pra c ti ces a nd fa c ilitate the rendition of b e tter s e rvi ce to the con truction indu s try. At pre se nt thi s indu s try is operating at twelve p e r ce nt of c apa c ity; substantial in c r e a s e s in produ c tion are contin ge n t up o n n e w con struction whi c h " ill r es ult in c orr es ponding in c r e a e . in employm e nt. FI T DINGS The Deput y Admini s trator in hi s final report to m e on s aid Cod e , ha v ing found a . her e in s et fo.rth and on the ba s is of all the pro c eeding s in thi s matter; I fin l that: (a) Said Cod e i s well l es i g ned to promote th e polici es and pur po s e of Title I of the National Indu trial Reco v ery A c t, including removal of ob tru c tions to the free flow of inter s tate and for e ign commerce whiC'h tend to dimini s h the amount thereof and will pro vide for the general welfare by promoting the organization of industry for the purpose of cooperative action among th e trade

PAGE 6

198 groups, by inducing and maintaining united action 0 labor and managem ent under adequate governmental sanctions and super vision, by elim inatin g unfair competitive practices, by promoting the fulle st possible utilization of the present productive capacity of indu stries, by avoiding undue restri c tion of production ( except as may be temporarily required), by increasing the consumption of industrial and agr icultural products through in c reasing purcha ing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating indu s try. (b) Said Industry normally employs not more than 50,000 em ployees; and is not classified by me as a major indu s try. ( c ) Th e Code as app roved complies in all re pects with the per tinent provisions of said Title of said Act, including without limi tation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Sec tion 10 thereof; and that the a pplicant association is an industrial association truly repr esenta tive of the aforesaid Industry; and that said association imposes no inequitable restrictions on admission to membership therein. ( d) The Code is not designed to and will not permit monopolies or monopolistic :practices. ( e) The Code 1s not designed to and will not eliminate or oppress small enterprises and will not operate to discriminate against them. (f) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said Code. For these reasons, therefore, I have approved this Code. Respectfully, MARCH 17, 1934. HUGH s. JOHNSON, Administrator

PAGE 7

CODE OF FAIR CO11PETITION FOR l\,fETAL LATH MANUFACTURING INDUSTRY ARTICLE I-P U RPOSES To effectuate the policies of Title I of the National Industrial Recovery Act, the following provisions are establi s hed as a Code of Fair Competition for the Metal Lath Manufacturing Industry and shall be the standard of fair competition for this industry, and shall be binding upon every member thereof. ARTIC-LE II-DEFINITIONS The term" metal lath manufacturing industry" or" the industry" as used herein includes the manufacture and sale of metal lath, metal lath accessories, and expanded metal products except expanded metal products not used for plastering purposes. The term "employee" as used herein includes any person engaged in the industry, in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such compensation. The term "employer" as used herein includes anyone for whose benefit such an employee is so engaged. The term "member of the indu s try " includes any manufacturer engaged in the industry as herein defined. The terms "Pre s ident" "Act" and "Administrator" a u sed ' herein shall mean, respectively, the President of the United State s , Title I of the N atiol).al Industrial Re c overy Act, and the Adminis trator for Industrial Recovery. Population for the purposes of this Code shall be determined by reference to the 1930 Federal Census. ARTI C LE III-HoURs SECTION 1. No employee shall be permitted to work in excess of thirty-two (32) hour s in any week or eight hours in any day during the period from November 1st to the following March 1st or in exce ss of forty (40) hour s in any week or eight hours in any clay during the period from March 1st to N oYember 1st, except as hereinafter provided. SECTION 2. To meet production peaks, an employee may be per mitted to work in excess of thirty-two (32) hours but not "to exceed forty ( 40) hours in any week or eight hours in any day during any six weeks during the sa id November to March period described in Section 1 hereof, and in excess of forty ( 40) hours but not to exceed forty-eight ( 48) hours per week or eight hours per day in any (H)9)

PAGE 8

200 twelve (12) weeks during ~aid March to November period described in Section 1 hereof. SECTION 3. The maximum hours for watchmen shall be fifty-six ( 56) hours in any one week. SECTION 4. Electricians, repair and maintenance crews, engineers, truckn1en, firem en and departmental foremen, not exceeding ten (10) percent of an employer's total number o:f plant and factory employees, may be permitted to work a tolerance of ten (10) per cent over the daily and weekly hours provided in the :foregoing sec tions 1 and 2, but in no event more than :forty-eight ( 48) hours in any week; provided, however, that during the said November to March period, engineers, truckmen, firemen and departmental fore m en may be permitted to work forty ( 40) hours in any week. SECTION 5. No accounting, cleri c al, office, service or sales employee shall be permitted to work in excess of forty (40) hours per week or nine hours per day. A normal day shall not exceed eight hours. SECTION 6. The provisions of this Article shall not apply to em ployees serving in a managerial, executive or supervisory capacity who regularly receive more than thirty-five (35) dollars per week; or to outside sales or outside sales service men. SECTION 7. All employees covered by Sections 1, 2, 4, and 8 of this Article III, shall be paid at one and one-half (1) times their ordinary rates :for every hour worked above forty ( 40) hours in one week or eight (8) hours in one day. SECTION 8. The provisions of this Article shall not apply to employees of any class when engaged in emergency maintenance and repair work or in the protection of life or property. SECTION 9. No employee shall work more than six days out of any seven. ARTICLE IV-WAGES SECTION 1. No employee, excluding accounting, clerical, office and sales employees, shall be paid at less than the rate of forty ( 40) cents per hour. SECTION 2. Section 1 of this Article establishes a minimum rate of pay regardless of whether the employee is compensated on a time rate or piece work or other basis. SECTION 3. Equitable adjustment of compen sa tion of employees receiving more than the minimum rates of pay herein prescribed shall be made by all employers who have not heretofore made such adjustments, and all employers shall within sixty (60) days after approval of this Code, report in full to the Code Authority concerning such adjustments whether made prior to or subsequent to uch approval, provided, however, that in no event shall rates of pay be redu ced . SECTION 4. No accounting, clerical, office, or sales employee shall be paid at less than the rate of fifteen ( 15) dollars per week when employed in any city of over 500,000 population or in the immediate trade area of any such city; or at less than the rate of fourteen (14) dollars and fifty ( 50) cents per week when employed in any city of between 250,000 and 500,000 population, or in the immediate trade area of any such city; or at less than the rate of fourteen (14) dollars

PAGE 9

201 per week when employed in any city or town of less t!lan 250,000 population, or in the immediate trade area of any such city or town. SECTION 5. A person whose earning capacity is limited because of age or physical or mental handicap may be employed on light . work at a wage below the minimum established by this Code, if the employer obtains from the state authority designated and guided by the instructions of the United States Department of Labor, a certificate authorizing his employment at such wage as shall be stated in the certificate, but such employees shall not exceed five per cent of any employer's total number of employees. Each employer shall file with the Code Authority a list of all such persons employed by him. SECTION 6. Wages shall be exempt from any payment for pensions, insurance, or sick benefits other than those voluntarily paid by the wage earners, or required b,y State or Federal laws. Wages shall be paid at least at the end of every two-week period, and salaries at least at the end of eve.ry month. SECTION 7. Female employees performing substantially the same work as male employees shall receive the same pay as male employees. ARTICLE V-GENERAL LABOR PROVISIONS SECTION 1. No pers~m under sixteen (16) years of age shall be em ployed in the industry. No person under eighteen (18) years of age shall be employed on machine operations. SECTION 2. In compliance with Section 7 (a) of the Act it is pro vided: (a) Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the pur pose of collective bargaining or other mutual aid or protection (b) No employee and no one seeking employment shall be required as a condition of employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing; ( c) Employers shall comply with the maximum hours of labor, minimum rates of pay and other conditions of employment approved or prescribed by the President. SECTION 3. No employer shall reclassify employees or duties of occupations performed nor resort to any other subterfuge for the purpose of defeating the purposes or provisions of the Act or of this Code. SECTION 4. Each employer shall post under such rules as the Ad ministrator may prescribe, in conspicuous places, accessible to e1n ployees, copies of this Code. SECTION 5. No employer shall knowingly permit any employee to work for any time which when totaled with that already performed with another employer in this or any industry exceeds the maximum permitted herein. SECTION 6. No provision in this Code shall supersede any state or federal law which imposes on employers more stringent requirements as to age of employees, wages, hours of work or as to safety, health, sanitary or general working conditions or insurance or fire protec tion than are imposed by this Code.

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202 SECTION 7. Each employer shall make reasonable provisions for the health and safety of his workmen at the place and during the hours of their employment. Standards :for safety and health shall be sub mitted by the Code Authority to the Administrator for approval before June 1, 1934. ARTICLE VI-COSTS SECTION . 1. The Code Authority shall cau e to b 0 formulated an accounting system and methods of cost finding and / or estim.ating capable of use by all members of the industry. After such system and methods have been formulated and approved by the Adminis trator, full details concerning then1 shall be made available to all members. Thereafter all members shall determine and / or estimate costs in accordance with the principles of such method. SECTION 2. No member of the industry, after the adoption by the Code Authority and approval by the Admini trator of a uniforn1 cost formula, shall quote or sell any industry product below such member's cost as determined by such formula, except that any mem ber of this industry may meet a competitor's established market price or published price on such indu try product which has been filed in the manner provided in Article VII of this Code, or except with the consent of and under such terms as may . be deternuned by the Code Authority acting upon application filed in writing by a mem ber of the industry for permission to sell certain of its products at a price less than cost. Any such exception granted by the Code Authority shall be available to all members of the industry within the limitations of the exception granted. Established market price on any industry product for the purpose of this section means the price at which any competitor is selling such product. ARTICLE VII-PUBLICATION OF PRICE SECTION 1. Each member of the Industry shall, within five ( 5) days of the effective date of this Code, publish and file with the Code Authority, or such other agency as the Code Authority may designate, complete lists or schedules of prices and terms and con ditions of sale of all industry products offered for sale by such mem ber , except to ano'ther member of the Industry and shall so publish and file all subsequent changes therein or revisions thereof, and such pri ce li s ts or schedules and terms and conditions of sale, and changes or revisions thereof as aforesaid so filed , shall for the purpose of this Code be treated as the published price lists or schedules and terms and conditions of sale of the member filing the same, and shall be available to each member of the industry and after the effective date thereof to all interested parties . The Code Authority shall promptly cause a copy of all such price lists and terms and condi tion s of sale and all changes therein or revisions thereof to be sent to each member of the Industry. SECTION 2. No member of the Industry shall offer for sale, quote on, or se ll any of its industry products at a price or prices, or upon terms and conditions other than those stated in such member's pub Ii hed price list and the terms and conditions of sale then in effect ; ex ce pt to another member of the industry.

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203 SECTION 3. If at any time hereafter the Administrator s hall give his approval to the requirement that subsequent chang e s or revi s ions of an y price lists or terms or conditions of s ale as provided in Sec tion 1 hereof shall be filed a specific period of time prior to the eff ec tiv e date thereof, the Code Authorjty may provid e that all chang es in s u c h pri ce li s ts o r t e rms or c ondition s of s al e or r e vi s ion s thereof t hereafter fil e d shall be filed fi v e days ( or s u c h oth e r p e ri o d of t ime as may be appro v ed by the Admini s trator) prior to the eff ec ti v e date of any s u c h s ub se qu e nt c hang e s or r ev i s ion s, and s u c h pri ce li s ts or schedule s and t e rms and condition s of s al e, a n d c h a ng e s or r e vi s ions thereof a s aforesaid so filed, ( unl ess th e m e mb e r filing such c hange s or revisions shall cancel the s ame b e for e th e e ff ec tive dat e th e r e of) s hall for the purpo s e of thi s C o d e be tr eate d a s the publi s h e d pri c e li s ts or sch e dules and terms and c on di ti o n s of s ale of the member filing the same, and s hall be available to eac h m e mb e r of th e Indu s try and after the eff ec tive date thereof to all int e r es t e d partie s. The Code Authority s hall promptly cau s e a c o p y of a ll s u c h price li s t s and t e rms and conditions of sale, and all chan g e s ther e in or revisions thereof, to be sent to e ach member of th e Indu s try. In the event that any Indu s try member shall not receiv e s uffi c ient notice of the filing by any other Industry member of ch a nge s in an other member's prices or terms and conditions of sale as will enable such member to meet such changes on the effective date thereof, such member may file with the appropriate agency such change s in his prices or terms and conditions of sale as may be required to meet the changes filed by another member. Changes so filed shall become effective on the same date as the effective date for the changes of such other member first filing as aforesaid, or, if tho s e changes shall have already become effective, then the changes subsequently ARTICLE VIII-MERCHANDISING PLAN SECTION 1. The Code Authority may prepare and from time to tim e r e vise a merchandising plan for the sale and distribution of indu s try products, containing su c h provisions a s may be n e ces s ary or prop e r to insure fair selling methods by the indu s try and to pre vent unfair c ompetitive practice s , which plan, or change s th e rein or addition s thereto, after adoption by the Code Authority and approval by th e Administrator may be adopted by any member of the industry and included in the meinber's terms and co n ditions of s ale as filed with the Code Authority. Upon the approval of any such merchan dising plan or any changes therein or additions thereto by the Ad mini s trator, after such notice and hearing as he may prescribe, the same s hall become a part of this Code and binding upon the m e mbers of the indu s try, and thereaft e r each member of the indu s try sh a ll s ell and di s tribut e all indi s try produ c ts in accordance with su c h m e rchan dising plan, or any such changes therein or additions th e r e to. ARTICLE IX-TRADE PRACTICES SECTION 1. A trade practice code for the industry 1s attached hereto as Exhibit A and made a part hereof.

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204 Any deviation from the standard of fair dealing _ set forth in suc h trade practice code ( adopted for this industry) or any amendments thereof shall be con iderecl an unfair method of competition. ARTICLE X-ADl\IINI TRATION * To further effectuate the policies of the Act, a Code Authority is hereby set up to administer the Code in cooperation with the Administrator. SECTION 1. The Code Authority shall consi t of one representative from each member of the industry who shall subscribe to the Code and pay a pro rata share of the expenses as provided in Section 8 of Article X. In addition there may be not to exceed three members without vote and without cost to the industry, appointed by the Administrator to serve for such period as the Administrator may designate. SECTION 2. The Code Authority shall be the general planning and fair practice agency for the industry and shall in addition to the other powers and duties elsewhere in the Code conferred upon it, have full power and authority from time to time to require such reports from member of the indu try with respect to capacity. pro duction and orders for shipment, persons employed, wage rates, earning and hours of labor, prices, co ts and other items as may be necessary to advise it adequately in the administration and enforce ment of the provisions of this Code or as the Administrator may require; and to make recommendation for the standardization o f products by the members of the industry. It shall also have power and authority to propose amendments, to make rules and regulations as may be required for the effectiYe exercise of the powers herein con ferred upon it for the admini tration of this Code and to cooperate with the Administrator and other proper GoYernment official in the enforcement of this Code. SECTION 3. In order to assure confidential treatment of individua l figures, all reports, data and information which the said Code Au thority is empowered to collect or receive shall be collected or received by an agency appointed by the Code Authority, not a member or connected -with a member of the indu try or, in the ab sence of such appointment, the Secretary of the :Metal Lath Manu facturers Association is hereby appointed the agent to collect or receive the same. The agency so collecting or receiving any such reports, data and information shall keep the same confidential as to individual reports except when required by the Admini trator. A ll such reports, data and information shall be fully available at a ll times to the proper Government officials. SECTION 4. Collusion between any industry member and any uch confidential agency for the purpose of examining any report or data or obtaining any information collected or received by such confi dential agency shall constitute unfair competition and shall be a violation of the Code. SECTION 5. The Code Authority may appoint a committee of not more than five of members of the industry and de l egate to any such See paragraph 2 of order approving this Code.

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205 committee any of the authority herein granted to the Code Au thority, including the carrying on of all communications and co ferences with the President or his agents concerning the approval or amendment of this Code or any of its provisions or any other matters relating thereto. Any committee so appointed sha ll exe cise only the authority specifically delegated to it by the Code Authority in the re so luti on appointing the same and the Corle Authority s hall be responsible for all authorized acts of any such committee. SECTION 6. At any duly called meeting of the Code Authority, a three-fourths affirmative vote of the industry members present at th e meeting either in person or by the member's alternate, shall be required to make effective any action of the Code Authority. Any m em ber of the Code Authority, in his absence, may be repre sented by an alternate, appointed in writing by him, who shall be a person actively connected with the same com . pany with which the member making the appointment is connected. A majority of the voting members of the Code Authority at any duly called meeting shall constitute a quorum. SECTION 7. Any interested party shall have the right of complaint to the Code Authority and a prompt hearing and deci sion thereon under such rules and regulations as may be approved by the Adminis trator, in re s pect to any act of the Code Authority or any agency designated by the Code Authority to act on its belialf. If the Ad ministrator sha ll determine that any action of a Code Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may require that such action be sus pended to afford an opportunity for investigation of the merits of such action and further consideration by such Code Authority or agency pending final action, which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty (30) days' notice to him of intention to proceed with such action in its original or modified form. SECTION 8. All expenses involved in administering the Code shall be determined by the Code Authority and prorated equitably, subject to di s approval by the Administrator, among members of the industry who assent to the Code or accept any of the benefits ther , e of. The proration of all such expenses shall be on the basis either of volume of output or dollar value of domestic sales ( excluding sales to other indu st ry members signing the Code) during a specified period of time a s the Code Authority shall determine. SEcTrox 9 . Nothing contained in this Code shall constitute the m , 2 mbers of the Code Authority partners for any purpose. or sha ll any memb er of the Code Authority be liable in any manner to any one for any act of any other member, officer, agent or employee of the Code Authority, nor shall any member of the Code Authority, exercising reasonable diligence in the conduct of his duties hereunder be liable to anyone for any actio n or omission to act under the Code except for his own wilful misfeasance or non-feasance. SECTION 10. In addition to information required to be submitted to the Code Authority, all or any of the persons subject to this code, shall furni sh such statistica l information as the Admini trator may deem neces ary for the purposes recited in Section 3 (a) of said act

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206 to such Federal and State agencies as the Administrator may desig nate; nor shall anything in any code relieve any person of any existing obligation to furnish reports to Government agencies. ARTICLE XI-GENERAL SECTION 1. Each trade or industrial association directly or in directly participating in the selection or activities of the Code Authority shall (1) impose no inequitable restrictions on member ship, and (2) submit to the Administrator true copies of its articles of association, by-laws, regulations, and any amendments when made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. SECTION 2. No provisions of this Code shall be interpreted or applied in such manner as to promote or permit monopolies or monopolistic practices; permit or encourage unfair competition; eliminate or oppress small enterpris 2 s or discriminate against them. SECTION 3. Articles VI, VII, VIII and IX of this Code, and any Trade Practi ce Code or Merchandising Plan incorporated herein or adopted pur uant hereto shall not apply to industry products so ld for export . SECTION 4. A~ required by Section 10 (b) of Title I of the Act the following provision is contained in this Code : The President may from time to time cance l or modify any order, approval, license, rule or n ~ gulation issued under said Act. SECTION 5. Such of the provisions of this Code as are not required to be included herein by the Act may upon submission to the industry and approval by the Administrator, be modified or eliminatetl as changes in circumstances or experience may indicate. It is contem plated that from time to time supplementary provisions to this Code or additional codes may be proposed to prevent unfair competition in prices and other unfair and destructive competitive practices and to effectuate the other purposes and policies of Title I of the Act and any such supplementary provisions or additional codes, after sub mission to the industry and approval by the Administrator after such notice and hearing as he may prescribe, sha ll become a part of this Code and effective as such. The Code Authority may make any such proposals for modification, supplementary provisions or additional codes in the manner above provided. SECTION 6. Violation by any member of this industry of any of the provisions of this Code or of any approved amendment hereof shall constitute an unfair method of competition. SECTION 7. This Code and all of the provisions thereof sha ll cease to be in effect on June 16, 1935 , or sooner if the Presid ent sha ll by proclamation or the Congress s hall by joint resolution declare that the emergency recognized by Section 1 of the National Industrial Recovery Act has ended. SECTION 8. This Code shall be in effect beginning the second Monday after its approval by the President . .Approved Code No. 344. Registry No. 1123-03.

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EXHIBIT A TRADE PRACTICE CODE SECTION 1. Any deviation from any of the provisions of this Code shall be deemed an unfair method of competition in the Metal Lath Industry. SECTION 2. Standard Forms of Quotation and Oontract.-The Code Authority may adopt standard forms of quotations and contracts for the industry, subject to approval thereof by the Administrator, and a ll quotations and contracts s hall be made substantially in accordance with the terms and conditions set forth in such standard forms of quotations and contracts so adopted and approved. Any departure from said standard terms and conditions in the making of any quotati o n or contract in any transaction shall be deemed u n unfair m et hod of competition. SECTION 3. Oom , mercial Bribery.-No member of the Industry shall give, per mit to be given, or directly offe1: to give, anything of Yalue for the purpose of influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of such employee, the princi pal of such agent or the represented party, without the knowledge of such employer , prin c ipal or party. Commercial bribery provisions shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually used for commercial bribery as hereinabove defined. SECTION 4 . Rebates.-The secret payment or allowance of rebates, refunds, credits, unearned discounts, or other allowances, whether in the form of money o r gifts, or otherwise, or the extending to certain purchasers special privileges, including discriminatory allowances for advertising, damage claims, services or other considerations not customarily extended to all purchasers under like terms and conditions, shall be deemed an unfair method of competition. SECTION 5. Defama,tion of Oompetitors.-The defamation of a competitor by words or acts which untruthfully call in question its business integrity, its ability to perform its contracts, its credit standing or the grade, quality or q uantity of its goods shall be deemed an unfair method of competition. SECTION 6. Induoing Brooch of Oontract.-The wilful interference with any existing contracts between any other manufacturer and a dealer or consumer, or any other party, involving or relating to the sale of industry products for the purpose or with the effect of dissipating, destroying or appropriating, in whole or i n part, the business represented by such contracts, shall be deemed an unfair method of competition. SECTION 7. False Brand ing .-The marking, branding or labeling of industry products or the shipment of these products without label or identification tags, or the misrepres entat ion in connection with the sale of s uch products, for the purpose or with the effect of misl ead ing or deceiving purchasers with respect to the quantity, quality, price, weight, gauge, metal or finish thereof, shall be deemed an unfair method of competition. SECTION 8. Imitati on of Trad e -M ark.-The imitation or simulation of any trade-mark, trade name, package, brand or label of a competitor in such degree as to deceive or have the tendency to deceive c ustomers sha ll be deemed an unfair method of competition. SEOTION 9. Disori1111i nation in Pric e .-Di crimination in price, either directly or indirectly between different purchasers of commodities, except (1) on account of differ ence in quantity, quality or grade of product sold, (2) the making of a reasonable differential in price charged to diff e rent classes of trade, (3) the making of different prices in different markets, according to usual distribution of such products prevailing in the trade or industry, shall be deemed an unfair method of competition, provided, however, that nothing herein contained sha ll prevent persons engaged in selling the product::; of this indu stry from selecting their own customers. This section shall not apply to sales to another member of the industry. SECTION 10. Oonsignments.-No member of the indu try shall ship goods on consignment except under circumstances to be defined by the Code Authority where peculiar circumstances of the industry require the practice. SECTION 11. Shipment Without Order.-The making of s hipments, other than those involving mere transfer of industry products to manufacturers' (207)

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UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIIII II 1111111111111111111 208 3 1262 08584 7290 warehouses or plants, without in each case having an order from a custom~r for shipment at the time of making shipment, shall be deemed an unfair method of competition. SECTION 12. Expiration of Qiwtation.-The quoting of prices without the specific provision that such quotations are subject to change without notice, within s u ch limitati ons as are imp ose d by this Code, except for quotations on specific job ontracts, or wllere neces ary, for Federal Government, State, Co unty or l\1unicipal bid., shall be deemed an unfair method of competition. SECTION 1 3 . Fail11re to State Unit Price.-The submission of bids for two or more commodities, one or more of which are industry products, in which the unit price of each commodity is not clearly stated, shall be deemed an unfair method of competition. SEOTION H . Specific Job Contracts.-1\Iaking any contra c t or accepting any order for indu try product s for future deli"-ery to cover any specific job without fir st having rec ei Yed a true co py of a bona fide contract, or defin i te supporting information eddencing a bona fide contract, between the dealer and contractor who h as been awarded the contract, covering any such materia l required for that j ob and stating definitely the quantity of such materia l required, the lo cat ion of the job and the name of the contractor, sha ll be deemed an unfair method of competition; provided, however, that noth i ng herein shall prevent a member of th e industry from protecting any quotatio n covering a specific job for a period not exceeding 30 days, except Federal Gov ernment job quotations which may be protected for 60 days, but when no specific job cont ract i s made ,vith the dealer or contractor w i t hi n 30 days, or within 60 days in th e case of the Federal Government jobs, then any contrac t subsequently exec uted for the sale of products for such j ob shall be made at the price then in effect. SEJCTION 15 . Lump 811,m , Contracts.-The submission of bids and/or nccept ance of orders for industry products by a member on a lump sum bas i s sha ll be deemed an unfair method of competition, except where lump sum oids are made for floor lath with steel joi s ts and/or ceiling lath for permanent form construction, then such bid s s hall specify the quantity, t;rpe of lath and un it price. SEOTION 16 . Combination Salcs.-The selling or offering for sale of c om modities not within the Industry at prices helow the current list price therefo r , in order to influence the sale of industry products shall be deemed an u nfa ir method of competition. SEJOI'ION 17 . Substitution.-The marking and selling of any industry products having superior qualities and higher prices, as inferior and lower pr i ced produ cts, anu so marketing at a lower price than that established by the member for suc h superior products shall be deemed an unfair met h od of competition. SECTION 18. Contingent Sa , les.-The purchase of material from a buyer o f industry products made contingent on the sale of industry products b y a member of the indu st ry shall be deemed an unfair method of competition. SIDC/I'ION 1 9. Sp7.itting of Co1npen-sation.-Splitting of compensation received by an employee or agent of a member with the buyer of industry products for the purpose or with the effect of influencing a sale shall be deemed an unfai r method of competition. SECTION 20.-Shipping on Spea-ific Job Contracts.-The shipping of industry produ cts on speci fi c job contracts in excess of the materials required for t h e job shall be deemed an unfair method of competition. SEC/I'ION 21. O1.ttstanding Contracts. All bona fide contracts for sa l e of industry products tak e n before the effective date of this code and filed ( except sales to other members) with the Code Authority and all bona fide contracts and orders fo r shipment taken after the effective date of this Code may be shipped at the price at which the contract or order was taken; and mate ri a l sold under s u ch contracts shall be applied only on the contract or o r der under which shipment is so made. SEJOI'ION 22. Orders for Material and Labor.-The acceptance by a member of an order for industry products together with the l abor required for t h e erection of same and/or the guaranteeing by a memb e r of the cost of erectio n of same, shall be deemed an u nfair method of competition . 0