Citation
Code of fair competition for the rolling steel door industry as approved on December 21, 1933 by President Roosevelt

Material Information

Title:
Code of fair competition for the rolling steel door industry as approved on December 21, 1933 by President Roosevelt
Portion of title:
Rolling steel door industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington
Publisher:
U.S. Govt. Print. Off.
Publication Date:
Language:
English
Physical Description:
1 p., 297-309 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Metal doors ( lcsh )
Rolling (Metal-work) ( 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:
"Approved Code no. 171."
General Note:
"Registry No. 1139-01."

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:
004931655 ( ALEPH )
31966637 ( OCLC )

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Full Text




muiL ed IV. 71Regsty o. 13-0


N. NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE


ROLLING STEEL DOOR


S...: INDUSTRY

AS APPROVED ON DECEMBER 21, 1933
SBT

PRESIDENT ROOSEVELT


WE DO OUR PART


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Order
Transmittal


UNITED STATES
7 GOVERNMENT PRINTING OFFICE
SWASHINGTON: 1933


m:r lale bi its meperintendent of Doeuments, Washington, D.C. - Price 5 centa



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eir e "oi. i 171i


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Registry No. 1139-01


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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 COMMURCB

Atlantaj, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kniisa City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 2'09 Federal Building.
Minneapolis, Mint.: 213 Federal Building.
New Orleans, .Ln.: Room 225-A, Customhouse.
New York. N.Y.: 734 Customhouse.
Norfolk, Va.: 406i East Plume Street.
Philadelphia. Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
Sail Francisco, Calif.: 310 Customhouse.
Seattle, Wush.: 809 Federal Building.


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Approved Code No. 171


CODE OF FAIR COMPETITION

FOR THE

ROLLING STEEL DOOR INDUSTRY

As Approved on December 21, 1933

BY

PRESIDENT ROOSEVELT

I &


Executive Order

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 my approval of a Code
of Fair Competition for the Rolling Steel Door Industry, and hear-
ings having been held thereon, and the Administrator having ren-
dered his report containing an analysis of the said code of fair
competition, together with his recommendations and findings with
respect thereto, and the Administrator having found that the said
code of fair competition complies in all respects with the pertinent
provisions of title I of said act, and that the requirements of clauses
(1) and (2) of subsection (a) of Section 3 of said act have been
met:
NOW THEREFORE, I, Franklin D. Roosevelt, President of the
United States pursuant to the authority vested in me by title I of
the National Industrial Recovery Act, approved June 16, 1933, and
otherwise, do adopt the findings and approve the report and recom-
mendations of the Administrator and do order that the said code of
fair competition be, and it is hereby, approved.
FRANKLIN D. ROOSEVELT.
Approval recommended:
HUGH S. JOHNSON,
A administrator.
THE WHITE HousE,
December 21, 1933.
2T748"-296-27----88 (297)













DECEMBER 7, 1933.
The PRESIDENT,
The White Home.
Sim: This is a report on the Code of Fair Competition for the
Rolling Steel Door Industry in the United States as revised after
the hearing conducted in Washington on October 14, 1933, in accord-
ance with the provisions of the National Industrial Recovery Act.

WORKING HOURS

This Code provides that no employee shall work more than 86
hours a week, 8 hours a day, and 5 days a week. There are four
exceptions. A certain flexibility is needed in the hours of this
industry. To meet seasonal or peak demands and for a period of
8 weeks in any 6 months, employees are permitted to work 40 hours
per week. The second exception covers office employees who are
permitted to work no more than 40 hours and 51/' days a week. The
third exception is of traveling salesmen and persons employed in a
managerial or executive capacity upon whom no hour limitation is
placed. The fourth exception is of employees engaged in emergency
maintenance or emergency repair work.

WAGES

There is no differential either by geographical section or by sex.
The minimum wage, is 40 cents per hour for all employees except
office employees, whose minimum wage is fixed at $15.00 per week.
Additional provisions are incorporated to carry out the terms of
the Act and these include the stipulation that the minimum wage
is a minimum rate of pay irrespective of whether an employee is
actually compensated on a time rate, piecework, or other basis; the
prohibition of any evasion of the wage schedules through dismissals
and reemployment; an equitable readjustment of all wages above
the minimum; and the requirement that employment of handicapped
persons shall be limited to such persons and conditions of employ-
ment as are prescribed by the State authority designated by the
United States Department of Labor to act in such cases.

GENERAL LABOR PROVISIONS

This Code provides that no person under 16 years of age shall be
employed in the industry, nor anyone under 18 at operations or occu-
pations hazardous in nature or dangerous to health.
Subparagraph (a) of section 7 of Title I of the National Indus-
trial Recovery Act is embodied. The Code further provides that
employers shall not reclassify employees or the duties of occupations
so as to defeat the purpose of the Act and requires every employer
(298)






299

to make reasonable provision for the safety and health of his em-
ployees, to post complete copies of this Code in accessible places, and
to make payment of all wages at regular pay periods and in lawful
currency or by negotiable check payable on demand.
ECONOMIC EFFECT OF THE CODE

The Rolling Steel Door Industry is in some ways closely allied to
the Construction Industry, but insofar as production and sales are
concerned it has a very specialized market and its revival depends on
the revival of construction of particular kinds of buildings, such as
warehouses, garages, and factories. Employment in this industry hdh
fallen by one half since 1929. Sales have fallen from $6,000,000 in
1929 to $1,500,000 in 1932, a decrease of approximately 63%. In
1933 sales have amounted so far to $1,200,000. The ratio of produc-
tion to capacity, which was approximately 45% in 1929, has been
20% in 1933.
Although the immediate gains in employment and wages in this
industry will not be extensive, the Code provides opportunity for
great expansion in both the number of employees and their wages.
When the anticipated expansion comes in this industry with the
expected rehabilitation of the Construction Industry, the Code will
prove a means by which the number of employees and their wages
may be as much as doubled. Price cutting, which has greatly demor-
alized conditions in the industry, is prohibited by the provisions of
the Code.
FINDINGS

The Administrator finds that: (a) The Code as recommended com-
plies in all respects with the mandatory provisions of Title I of the
Act, including, without limitation, subsection (a) of Section 7 and
subsection (b) of Section 10 thereof; and that
(b) The applicant group imposes no inequitable restrictions on ad-
mission to membership therein and is truly representative of the
Rolling Steel Door Industry; and that
(c) The Code as recommended is not designed to promote monopo-
lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
Respectfully, -
HUGH S. JOHNSON,
Administrator.











CODE OF FAIR COMPETITION


FOR THE
ROLLING STEEL DOOR INDUSTRY

ARTICLE I-PURPOSES

To effect the policies of Title I of the National Industrial Re-
covery Act, this Code is submitted as a Code of Fair Competition
for the Rolling Steel Door Industry, and upon approval by the
President, its provisions shall be the standards of fair competition
for such industry and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

SECTION 1. The term Rolling Steel Door Industry or Indus-
try as used herein is defined to mean the business of manufactur-
ing for sale rolling steel doors, rolling steel shutters, including de-
vices, appliances, and/or equipment used in connection therewith,
and the installation thereof by the manufacturer.
SEC. 2. The term Products as used herein is defined to mean
rolling steel doors, rolling steel shutters, and devices, appliances,
and equipment used in connection therewith.
SEc. 3. The term member of the industry" includes but without
limitation any individual, partnership, association, corporation, or
other form of enterprise engaged in the industry, either as an em-
ployer or on his or its own behalf.
SEC. 4. The term "employee" as used herein includes any and
all persons engaged in the industry, however compensated except a
member of the industry.
SEC. 5. The term Institute as used herein is defined to mean
"The Rolling Door Institute."
SEC. 6. The terms "Act" and Administrator" as used herein
shall mean respectively Title I of the National Industrial Recovery
Act, and the Administrator for Industrial Recovery.

ARTICLE III-HOURS

SECTION 1. Macimwum Hours.-No employee shall be permitted to
work in excess of thirty-six (36) hours in any week (seven (7) day
period), or eight (8) hours in any day (twenty-four (24) hour
period), or more than five (5) days in any seven (7) day period,
except that in cases of peak demand employees may work forty (40)
hours per week for eight (8) weeks in any six (6) months' period.
At least time and one half shall be paid for hours worked in excess
of eight (8) hours in any one day or forty (40) hours in any one
week.
SEC. 2. Hours for Clerical and Office Employees.-No person
employed in clerical or office work shall be permitted to work in
(300)






301


excess of forty (40) hours in any week (seven (7) day period), or
nine (9) hours in any day (twenty-four (24) hour period), or five
and one half (5%) days in any seven (7) day period.
SEC. 3. Ewceptwons as to Hours.-The provisions of this Article
shall not apply to traveling salesmen, or to persons employed in a
managerial or executive capacity who earn not less than thirty-five
dollars ($35.00) per week, or to employees engaged in emergency
maintenance or emergency repair work; provided, however, that
the provisions respecting a normal work day and a normal work
-week, as provided in "Section 1 of this Article, shall apply to all
employees in emergency maintenance or emergency repair work.
SEC. 4. Employment by Several Employers.-No employer shall
knowingly permit any employee to work for any time which when
totaled with that already performed with another employer or
employers in this industry exceeds the maximum permitted herein.
ARTICLE IV-WAGES

SECTIno 1. Minimum Wage.-No employee shall be paid in any
pay period less than at the rate of forty cents ($0.40) per hour, ex-
cept as herein otherwise provided.
SE. 2. Minimum Wage for Clerical and Office Employees.-No
clerical or office employee shall be paid in any pay period less than
at the rate of $15.00 per week.
SEC. 3. Piecework Compensation-Minimum Wages.-This Ar-
ticle establishes a minimum rate of pay which shall apply, irre-
spective of whether an employee is actually compensated on a time
rate, piecework, or other basis.
Sm. 4. Evasion Through Reemployment.-No employee now em-
ployed at a rate in excess of the minimum shall be discharged and
reemployed at a lower rate for the purpose of evading the provisions
of this Code.
SEO. 5. Wages Above Minimum.-Employers shall not reduce the"
rates of wages for employees whose rates are now in excess of the
minimum rate of wages herein provided (notwithstanding that the
number of hours worked in such employment may be hereby de-
creased) and where in any case an employer has not increased the
rates of wages for such employees prior to the effective date of this
Code by an equitable readjustment of all wage rates such employer
shall readjust all such wage rates. This provision shall be inter-
preted in the same manner that Paragraph 7 of the President's Re-
employment Agreement has been interpreted by the Administrator in
Interpretations No. 1 and 20.
SEC. 6. Handicapped Persons.-A person whose earning capacity
is limited because of age or physical or mental handicap may be em-
ployed on light work at a wagebelow the minimum established by this
Code if the employer obtains from the State Authority designated by
the United States Department of Labor a certificate authorizing his
einployment at such wages and for such hours as shall be stated in
the certificate. Each employer shall file with the Code Authority a
list of all such persons employed by him.






302


ARTICLE V-GENERAL LABoR PaovISIows

SECTION 1. Child Labor Provision.-No person under sixteen (16)
years of age shall be employed in the industry. No person under
eighteen (18) years of age shall be employed at operations or occupa-
tions which are hazardous in nature or dangerous to health. The
Code Authority shall submit to the Administrator before February
1, 1934, a list of such operations or occupations. In any State an
employer shall be deemed to have complied with this provision as
to age if he shall have on file a certificate or' permit duly issued by
the Authority in such State empowered to issue employment or age
certificates or permits showing that the employee is of the required
age.
SEC. 2. Provisions From the Act.-In compliance with Section 7
(a) of the Act, it is provided:
(a) That employees shall have the right to organize and bargain
collectively, through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers of
labor, or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall be
required as a condition of employment to join any company union
or to refrain from joining, organizing, or assisting a labor organi-
zation of his own choosing; and
(c) That employers shall comply with the maximum hours of
labor, minimum rates of pay, and other conditions of employment
approved or prescribed by the President.
SEC. 3. Reclassification of Employees.-No employer shall re-
classify employees or duties of occupations performed for the pur-
pose of defeating the provisions of the Act or of this Code.
SEC. 4. Standards for Safety and Health.-Every employer shall
make reasonable- provision for the safety and health of his em-
ployees at the place and during the hours of their employment.
Standards for safety and health shall be submitted by the Code
Authority to the Administrator within six (6) months after the
effective date of this Code.
SEC. 5. State Laws.-No provisions in this Code shall supersede
any State or Federal law which imposes on employers more strin-
gent requirements as to age of employees, wages, hours of work, or
as to safety, health, sanitary or general working conditions, or
insurance or fire protection, than are imposed by this Code.
SEC. 6. Posting.-All employers shall post complete copies of this
Code in conspicuous places accessible to employees.
SEC. 7. Payment of Wage8.-All employers shall make payment of
all wages due in lawful currency or by negotiable check therefore,
payable on demand. Wages shall be paid at the end of each weekly
period. These wages shall be exempt from any payment for pen-
sions, insurance, or sick benefits other than those voluntarily paid
by employees. Employers or their agents shall not accept, directly






303

or indirectly, rebates on such wages or give anything of value nor
extend any favors to any person for the purpose of influencing rates
of wages or working conditions of their employees.
The provisions of this section regarding payment of wages at the
end of each weekly period shall not apply to persons employed in a
managerial or executive capacity who earn not less than thirty-five
dollars ($35.00) per week, nor to persons employed in clerical or
office work. The wages for persons employed in clerical or office
work shall be paid at the end of pay periods not to exceed bimonthly
periods.
SEc. 8. Industrial Relations Board.-There may be established by
the Administrator, a National Industrial Relations Board for the
Industry consisting of an equal number of representatives of em-
ployers and employees to which shall be referred for determination
matters arising under the Code relating to labor. Where a majority
agreement of the Board cannot be reached, the Board shall select
an impartial chairman to render a decision. The creation and
functioning of these Boards including the selection of representatives
of employees shall be in accordance with Section 7 of the Act. If
no truly representative labor organization exists, the employee mem-
bers of such Board shall be chosen by the Labor Advisory Board of
the N.R.A. The employer representatives shall be chosen by the
Code Authority. The Industrial Relations Board may establish such
subsidiary agencies constituted in like manner as it finds necessary.
ARTICLE VI-ORGANIZATION, POWERS, AND DUTrrs OF THE CODE
ArrUHorrr

SECTON 1. Organization and Constitution.-A Code Authority is
hereby constituted to cooperate with the Administrator in the admin-
istration of this Code.
SEC. 2. The Code Authority shall consist of three (3) members to
be selected as follows:
Members of the industry shall elect the industry members of the
Code Authority by a majority vote of the members of the industry.
Such members shall be elected from directors officers or executives
of members of the industry which are members of the Institute.
SEc. 3. The Institute is hereby designated as the agency to conduct
an election of the members of the Code Authority within fifteen (15)
days after the effective date of this Code, and the succeeding annual
elections of members of the Code Authority. Members of the Code
Authority shall be elected to serve for a term of one (1) year or
until their successors are elected at the next annual meeting of the
members of the industry. In the event of any vacancy in the mem-
bership of the Code Authority, a special meeting of the members of
the industry for an election to fill the incomplete terms of such
members shall be called. Notice of the time and place of each elec-
tion shall be sent by registered mail to all members of the industry
at least ten (10) days in advance of such election, and voting at such
election may be by person, by proxy, or by letter ballot. Each
member of the industry shall have one (1) vote.
SEc. 4. In addition to membership as above provided, there may
be not more than three (3) members, without vote, to be appointed






304


by the Administrator, to serve for terms of from six (6) months to
one (1) year so arranged that the terms do not expire at the same
time.
SEc. 5. The representatives who may be appointed by the Admin-
istrator, together with the Administrator, shall be given notice of
and may sit at all meetings of the Code Authority.
SEC. 6. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall (1) impose no inequitable restrictions on membership, and (2)
submit to the Administrator true copies of its articles of assoca-
tion, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organiza-
tion, and activities as the Administrator may deem necessary to
effectuate the purposes of the Act.
SEC. 7. In order that the Code Authority shall at all times be truly
representative of the industry and in other respects comply with the
provisions of the Act, the Administrator may prescribe such hear-
ings as he may deem proper; and thereafter, if he shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an
appropriate modification in the method of selection of the Code
Authority or any sub-Code Authority.
SEC. 8. Members of the industry shall be entitled to participate in
and share the benefits of the activities of the Code Authority and to
participate in the selection of the members thereof by assenting to
and complying with the requirements of this Code and sustainug
their reasonable share of the expenses of its administration. Such
reasonable share of the expenses of administration shall be deter-
mined by the Code Authority subject to review by the Administra-
tor, on the basis of volume of business and/or such other factors as
may be deemed equitable.
SEc. 9. Nothing contained in this Code shall constitute the mem-
bers of the Code Authority partners for any purpose. Nor shall any
member of the Code Authority be liable in any manner to anyone 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 action or omission to act under the Code, except
for his own wilful misfeasance or nonfeasance.
SEC. 10. Power and Duties.-The Code Authority shall have the
following further powers and duties, the exercise of which shall be
reported to the Administrator and shall be subject to his right, on
review, to disapprove any action taken by the Code Authority.
(a) To insure the execution of the provisions of this Code and
provide for the compliance of the industry with the provisions of
the Act.
(b) To adopt bylaws and rules and regulations for its procedure
and for the administration and enforcement of the Code.
(c) To obtain from members of the industry such information
and reports as are required for the administration of the Code and
to provide for submission by members of such information and
reports as the Administrator may deem necessary for the purposes
recited in Section 8 (a) of the Act, which information and reports


i$






305


shall be submitted by members to such administrative and/or govern-
nient agencies as the Administrator may designate; provided that
nothing in this Code shall relieve any member of the industry of any
existing obligations to furnish reports to any government agency.
No individual reports shall be disclosed to any other member of
the industry or any other party except to such governmental agencies
as may be directed by the Administrator.
(d) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Authority
of its duties or responsibilities under this Code and that such trade
associations and agencies shall at all times be subject to and comply
with the provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to the industry.
(f) To secure from members of the industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of the industry who
have assented to, and are complying with, this Code.
(h) To recommend to the Administrator further fair trade prac-
tice provisions to govern members of the Industry in their relations
with each other or with other industries and to recommend to the
Administrator measures for industrial planning, including stabili-
zation of employment.
(i) To establish minimum standards of quality of material, work-
manship, operation, and installation of the products of the industry.

ARTICLE VII-PUBLICITY OF PRICES, TERMS AND CONDITIONS OF SALE
SECTION 1. Each member of the Industry shall, within ten (10)
days after the effective date of the Code, file and maintain with the
Code Authority schedules of prices for all its products and sched-
ules of prices for the installation thereof, which schedules shall
include, but without limitation, discounts, specifications, terms, and
conditions of sale.
SEC. 2. In the event of any change by any member of the Industry
in any price, discount, specification, term or condition of sale, he shall
file full and complete copies of every such change with the Code
Authority, not less than ten (10) days in advance of the effective
date of any such change. Copies thereof, with notice of the effective
date of such change, shall be immediately published and distributed
by the Code Authority to the interested members of the Industry who
may file, if they so desire, revisions of their prices, discounts, speci-
fications, terms or conditions of sale, which, if filed not less than five
(5) days prior to such effective date, shall be effective on the same
such effective date.
SEC. 3. Such specifications, price lists, discounts, and terms and
conditions of sale together with any changes thereto shall be open
to inspection at all reasonable times by any interested party.
SEC. 4. No member of the Industry shall sell, pay a rebate, or allow
a deduction at any time to any person except in accordance with his






306


prices, discounts, specifications, terms, and conditions of sale filed
in the manner described herein above. Each member of the Industry
shall have the right, individually, to file new prices, discounts, terms,
and conditions of sale, from time to time, as herein provided.
ARTICLE VIII-TRADE PRACTICE RuLEs

General Definition.-For all purposes of the Code the acts described
in this Article shall constitute unfair practices. Any member of
the industry who shall directly or indirectly, through any officer,
employee, agent, or representative, knowingly use, employ, or permit
to be employed, any of such unfair practices shall be guilty of
a violation of the Code.
Rule 1.-No member of the industry shall use or publish adver-
tising (whether printed, radio, display, or of any other nature)
which is misleading or inaccurate in any material particular, nor
shall any member in any way misrepresent any goods (including,
but without limitation, its use, trade mark, grade, quality, quantity,
origin, size, substance, character, nature, finish, material, content, or
preparation) or credit terms, values, policies, services, or the nature
or form of the business conducted.
Rule 2.-Members shall not invoice products or services at other
than the true selling price or withhold from or insert in the invoice
statements which make the invoice an incomplete or a false record,
wholly or in part, of the transaction represented on the face thereof.
Rule 3.-No member shall make false or disparaging statements
with respect to a competitor's business, methods, practices, or
products.
Rule 4.-No member of the industry shall sell below his allowable
cost.
Pursuant to the provisions of Article VI, the Code Authority shall
formulate or cause to be formulated standard methods or systems
of cost accounting for use in this industry, which methods or sys-
tems shall be adaptable to the cost accounting procedure of, and to
the business of this industry. Such methods or systems shall specify
the factors that shall determine the cost for each member of the
industry pursuant to the provisions of this section. Upon approval
of such methods or systems by the Administrator the Code Authority
shall furnish to each member of the industry complete details of
such methods or systems. Thereafter, in determining costs, each
member of the industry shall use a cost accounting system which
shall be at least as complete and detailed as the cost accounting
method or system recommended by the Code Authority and approved
by the Administrator.
Rule 6.-No member of the industry shall publish or circulate
unjustified or unwarranted threats of legal proceedings which tend
to or have the effect of harassing competitors or intimidating their
customers. Failure to prosecute in due course shall be evidence
that any such threat is unwarranted or unjustified.
Rule 6.-No member of the industry shall offer or make any secret
or discriminatory payment or allowance or a rebate, refund, com-
mission, credit, unearned discount or excess allowance, whether in
the form of money or otherwise, nor shall a member of the industry







307

offer or extend to any customer any secret discriminatory service or
privilege for the purpose of influencing a sale.
SRule 7.-No member of the industry shall give, permit to be given,
or directly offer to give anything of value for the purpose of in-
fluencing or rewarding the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent, or the represented party,
without the knowledge of such employer, principal, or party. Com-
mercial 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.
Rule 8.-No member of the industry shall attempt to induce the
breach of an existing contract between a competitor and his em-
ployee, or customer or source of supply; nor shall any such member
interfere with or obstruct the performance of such contractual duties
or services.
Rule 9.-No member of the industry shall, directly or indirectly
substitute his own or different parts in the repair or alteration of
a competitor's product or parts thereof without the express authority
of the owner.
Rule 10.-No member of the industry shall, directly or indirectly,
remove or destroy any trade mark or other identification of any
product or part of a product of the industry supplied by a competi-
tor with the intent or effect of deceiving purchaser or a prospective
purchaser.
Rule 11.-No member of the industry shall combine quotations or
contracts for any product of this industry with any quotation or
contract for any other material, labor, or service, for the purpose
and with the intent of concealing the true selling price of the
product of this industry.
Rule 12.-No member shall offer for sale any product of the indus-
try by any false means or device which tends to mislead or deceive
purchasers, competitors and/or others as to the quantity, quality,
measurements, substances, or size of such products, labor, or service.
If any member of the industry fails immediately to correct such mis-
representation upon being notified thereof, such failure shall be
deemed a confession of wilful intent to deceive and mislead such
purchasers, competitors and/or others.
Rule 13.-No member of the industry shall omit from its quotation,
proposal, or bid, any material, labor, or service required and/or
called for by the plans, specifications, or other estimating or pur-
chasing data in order to avoid full responsibility for the complete
compliance with all provisions or for the purpose and with the intent
of subsequently informing the purchaser that such omitted material,
labor, or service was included, in order to underbid a competitor.
Rule 14--Verbal quotations shall be confirmed in writing. A
duplicate or true copy of all quotations given and contracts received
by a member, shall be filed with the Code Authority within three
days from the date of issuing a quotation and/or after receiving a
contract.
Rule 15.-The terms of payment of products sold F. O. B. member's
factory or delivered to destination shall not be more favorable than






308


to provide for Net Cash thirty (30) days from date of shipment "
The terms of payment of products sold erected shall not be more
favorable than to provide for "eighty-five (85) percent of the pro-
portionate value of the work done shall be due monthly. The final
payment shall be due and payable thirty (30) days after completion
of the contract."
Rule 16.-No member of the industry shall guarantee for a period
longer than one (1) year from date of installation to furnish or re-
place, free of charge, material found to be defective.
Rule 17.-Each member of the Code shall file with the Code Au-
thority a list of his sales representatives, which list shall be available
to the other members. Such list shall at all times be kept to date
by notifying the Secretary of any changes, within ten (10) days
after being made.
Rule 18.-No member of the industry shall post-date or pre-date
any contract, invoice, quotation, or receipt, withhold from or insert
in any contract, invoice, quotation, or receipt any statement which
makes such contract, invoice, quotation, or receipt a false statement
either in whole or in part or accept or offer to accept any such con-
tract with the effect of injuring the business of a competitor or
violating the provisions of this Code.
ARTICLE IX-APPEALS

SECTION 1. Any interested party shall have the right of com-
plaint to the Code Authority and of a prompt hearing and decision
under such rules of procedure and proper charges to cover cost
of investigation and hearing as it may prescribe, in respect to any
decision, rule, regulation, order, or finding made by the Code
Authority.
SEC. 2. Any interested party shall have the right of appeal to
the Administrator, under such rules and regulations as he may pre-
scribe, in respect to any decision, rule, regulation, order, or finding
made by the Code Authority.
ARTICLE X-M ODIFICATIONS
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 subsection (b) of Section 10 of the National Industrial
Recovery Act, from time to time to cancel or modify any order
approval, license, rule, or regulation issued under Title I of said
Act and specifically, but without limitation, to the right of the
President to cancel or modify his approval of this Code or any
conditions imposed by him upon his approval thereof.
SEC. 2. This Code, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, such modification to be based upon application to the Ad-
ministrator and such notice and hearing as he shall specify, and
to become effective on approval of the President.







309

IARTICLE XI-MONOPOLIES
No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to, eliminate, oppress, or discrim-
inate against small enterprises.

ARTICLE XII

The maximum hours, the minimum wages and conditions of em-
ployment of all persons engaged in the installation of rolling steel
doors shall conform to the maximum hours, the minimum wages, and
conditions of employment provided in the appropriate code or codes
in the construction industry as approved by the President.

ARTICLE XIII-REGISTRATION OF MEMBERS OF THE INDUSTRY

Each member of the industry shall within thirty (30) days of
the effective date of this Code register with the Code Authority.
All members of the industry who may engage in the industry there-
after shall likewise register with the Code Authority. Registration
of a member of the industry shall include the full name and mailing
address of the member. The time limit for the registration by any
member of the industry may be extended whenever, in the opinion
of the Administrator, the time limit as provided herein might cause
an injustice to any member of the industry.

ARTICLE XIV-EFFECTTVE DATE

This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 171.
Registry No. 1139-01.




UNIVERSITY OF FLORIDA
ill3 1ii 2 0III]II3IIMIIIHIiniIIIII 0
3 1262 08583 0585 |







Full Text

PAGE 1

Approved Code No. 171 Registry No. 1139-01 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR TH, E ROLLING STEEL DOOR INDUSTRY AS APPROVED ON DECEMBER 21, 1933 BY PRESIDENT ROOSEVELT WE DO OUR PART UNIV. O F FL UI. e Order f Transmittal , U.S. DEPOMTOIW ==-r''_.._., __ __,, __ __ ..._ __ ...... __ UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. Price 6 cents

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This publication is for sale by the upcrintendent of Documents, Government Printing Office, Washington, D.C., and l.Jy district offices of the Bureau of Foreign and Domestic Cowmerce. DISTRICT OFFICES OF TllE DEPARTMENT OF COMMERCX Atlanta, Ga. : u04 Post Office Buil11iug. Birmingham, Ala. : 257 Federal Building. Boston. l\Inss.: 1801 Customh ou . e. Buffa!<•, N.Y.: Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. Chicago, Ill.: Suite 170G, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, :Mich . : 2213 First National Bank Building. Houston, T ex.: Chamber of Conn.:nerce Building. IndianapolL, Ind.: Chamber of Commerce Building. J11ck onville, Fla. : Chamber of Comruerce Building. Kan.-a..City, :Mo.: 1028 Baltimore Avenue. Lo Angeles Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphi.., 'I enn . : 2~!:l Federal Building. innneapoli:s, :\lil m.: 213 Federal Building. New Or:ecin.-, Ln.: Room 225-A, Cu tomhouse. ew York. i. ',Y.: 734 Customhouse. N orfo:k, Va.: 406 East P lume Street. Pbiladel1ib ia. Pa. : 933 Commercial Trust Building. Pitt burgh, Pa.: Chamber of Commerce Building. Portlnnd, Oreg.: 215 ew Po t Offic Building. St. Loui., i\Io. : 506 Olive Street. San Fr ncisco, 'a lif. : 310 Customhouse. Seatt1e, Wa h . : 809 Federal Building.

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Approved Code No. 171 CODE OF F Affi COMPETITION FOR THE ROLLING STEEL DOOR INDUSTRY As Approved on December 21, 1933 BY PRESIDENT ROOSEVELT Executive Order 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 167 1933, for my approval of a Code of Fair Competit10n forthe Rolling Steel Door Industry, and hearings having been held thereon, and the Administrator having rendered his report containing an analysis of the said code of fair competition, together with his recommendations and findings with respect thereto, and the Administrator having found that the said code of fair competitioiI1 complies in all respects with the pertinent provisions of title I of said act, and that the requirements of clauses (1) and (2) of subsection (a) of Section 3 of said act have been met: NOW THEREFORE, I, Franklin D. Roosevelt President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16 , 1933, and otherwise, do adopt the findings and approve the report and recommendations of the Administrator and do order that the said code of fair competition be, and it is hereby, approved. Approval recommended: HUGH S. JOHNSON, Administrator. THE WHITE HousE, December fl, 1933. FRANKLIN D. ROOSEVELT. 27743-296-27-aa (297)

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DE 'E~IBER 7 193'2. The PRESIDENT The TVhite HoU1Se. Srn: This is a report on the Code of Fair ompetition for the Rolling Steel Door Industry in the United St.ate as revi ed after the hearing conducted in Washing-ton on October 14 1933, in accordance with the provisions of the National Industrial Recovery -t. WORKING HOURS This Code provides that no employee shall work more than 36 hours a week 8 hours a day, and 5 days a week. There are four exceptions. A certain flexibility is needed in the hours of this industry. To m~et seasonal or peak demands and for a period of 8 weeks in any 6 months, employees are permitted to work 40 hours per week. The second exception covers office employees who are permitted to work no more than 40 hours and 5 days a week. The third exception is of traveling salesmen and persons employed in a managerial or executive capacity upon whom no hour limitation is placed. The fourth except10n is of employees engaged in emergency maintenance or emergency repair work. WAGES There i no differential either by geographical section or by sex. The minimum wage , is 40 cents per hour for all employ e except office employees, whose minimum wage is fixed at $15.00 per week. Additional provisions are incorporated to carry out the terms of the Act and these include the stipulation that the minimum wage is a minimum rate of pay irrespecti e of wheth r an empl ye is actually comp n ated on a time rate, piecework, or other ba is the prohibition of any evasion of the wag chedule through di mi. als and reemployment; an equitable readju tment of all wage above the minimum; and the requirement that emplo ment of handicapped persons shall be limited to such persons and conditions of employment as are prescribed by the State authority desiQ'11ated L the United States Department of Labor to act in uch cases. GE .. ERAL LABOR PROVI 10:N This C de J roYides that no per. on under 16 } ear of age hall b mploy din the industry, nor an one un l r 18 t I era ti n or o cu pations hazardous in nature or danrreron to h alth. nbparagraph (a) of ection 7 of Title I of h .lr~ti011al In lu -trial Recoycry ct i mbodied. Th C tl f 1rther pr ic.le that mployer ~hall not rcclas ify em1 loyc 01 the dutie f occur ~ti n o as to cl feat th purpo. e of the ct and requir ever 7 mplo r (29 )

PAGE 5

299 to make reasonable provision for the safety and health of his em ployees, to post complete copies of this Code in accessible places, and to make payment of all wages at regular pay periods and in lawful currency or by negotiable check payable on demand. ECONOMIC EFFECT OF THE CODE The Rolling Steel Door Industry is in some ways closely allied to the Constru::tion Industry, but insofar as production and sales are concerned it has a very specialized market and its revival depends on the revival of construction of particular kinds of buildings, s uch as warehou ses, garages, and factories . Employment in this industry has fallen by one half since 1929. Sales have fallen from $6,000,000 in 1929 to $1,500,000 in 1932, a decrease of approximately 63%. In 1933 sales have amounted so far to $1,200,000. The ratio of production to capacity, which was approximately 45% in 1929, has been 20% in 1933. Although the immediate gains in employment and wages in this industry will not be extensive, the Code provides opportunity for great expansion in both the number o:f employees and their wages. When the anticipated expansion comes in this industry with the expected rehabilitation of the Construction Industry, the Code will prove a means by which the number o:f employees and their wages may be as much as doubled. Price cutting, which has greatly demor alized conditions in the industry, is prohibited by the provisions of the Code. FINDINGS The Administrator finds that: (a) The Code as recommended com plies in all respects with the mandatory provisions o:f Title I of th3 Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 thereof; and that (b) The applicant group imposes no inequitable restrictions on ad mission to membership therein and is truly representative of the Rolling Steel Door Industry; and that ( c) The Code as recommended i s not designed to promote monopo lies or to eliminate or oppress small enterprises and will not operate to dis criminate against them-1 and will tend to effectuate the policy of Title I o:f the National Industrial Recovery Act. It is recommended, there:f ore, that this Code be approved. Respectfully, HUGH s. JOHNSON' Administratorr.

PAGE 6

CODE OF FAIR COMPETITION FOR THE ROLLING STEEL DOOR INDUSTRY ARTICLE I-PURPO E To effect the policie of Title I of the ational Industrial Re covery ct, this Code is submitted as a Code of Fair ompetition for the Rolling Steel Door Indu try, and upon ap~roval by the President, its p rovi ions shall be the standard of fair competition for such industry and shall be binding upon every member thereof. ARTICLE II-DEFINITIOX S SEoTION 1. The term "Rolling Steel Door Industry" or "Industry " as used herein is defined to mean the bu iness of manufacturing for sale rolling steel doors, rolling teel shutters, including de vices, appliances, and/or equipment used in connection therewith, and the installation thereof by the manufacturer. SEc . 2. The term " Products " as u ed herein is defined to mean rolling steel doors, rolling steel shutters, and devices, appliances, and equipment u eel in connection therewith. EC. 3. The term" member of the industry 'includes but without limitation an[ individual, partner hip, a sociation, corporation, or other form o enterprise engaged in the industry, either as an employer or on his or its own behalf. SEc. 4 . The term '' employee " as used herein includes any and all persons engaged in the industry howe,er compensated except a member of the industry. SEC. 5. The term ' Institute" as used herein i defined to m an " The Rolling Door Institute." SEC. 6. The terms ' Act ' and ' Administrator ' as used herein shall 1nean respectively Title I of the National Industrial Recovery Act, and the Administrator for Industrial Reco ery. ARTICLE III-HOUR ECTIO 1. M axirrvwm Hours.-o employee hall be permitterl, to work in exce s of thirty-six (36) hours in any we k ( e en (7) day period), or eight (8) hours in an day (twenty-four (24) hour period), or more than five ( 5) days in any Y n (7) day period, ex ept that in ca . e of p ak demand emplo may work forty (40) hour per we k for io-ht ( ) weeks in an ix (G) months period. t I a. t time and on half hall be pai l for hour ork
PAGE 7

301 excess of :forty (40) hours in any week (seven (7) day period), or nine (9) hours in any day (twenty-four (24) hour period), or five and one half ( 5) days in any seven (7) day period. SEc. 3. Exceptions as to H ours.-The provisions of this Article shall not apply to traveling salesmen, or to persons employed in a managerial or executive capacity ,,ho earn not les s than thirty-five dollars ($35.00) per week, or to employees engaged in emergency maintenance or emergency repair work; provided, however, that the provisions respecting a normal work day and a normal work week, as provided in -Section 1 of this Article, shall apply to all employees in emergency maintenance or emergency repair work. SEc. 4. Employment by Several Em,ployers.-N o employer shal.l knowingly permit any employee to work for any time which when totaled with that already performed with another employer or employers in this_ industry exceeds the maximum permitted herein. ARTICLE iv-vv AoEs SECTION 1. Minimum Wage.-No employee shall be paid in any pay period less than at the rate of forty cents ($0.40) per hour, exCe:[?t as herein otherwise provided. SEc. 2. Mini?num Wage for Clerical and Office E1nployees.-N o clerical or office employee shall be paid in any pay period less than at the rate of $15.00 per week. SEc. 3. Piecework Oomp ensation-Mini11ium W ages.-This Article establishes a minimum rate o:f pay which shall apply, irrespective o:f whether an employee is actually compensated on a time rate, piecework, or other basis. SEc. 4. Evasion Through Ree1nploy11ient.-No employee now employed at a rate in excess o:f the minimum shall be discharged and reemployed at a lower rate :for the purpose o:f evading the provis ions of this Code. SEo. 5. Wages Above Mini?num.-Employers shaill not reduce the rates o:f wages for employees whose rates are now in excess of the minimum rate of wages herein provided (notwithstanding that the number of hours worked in such employment may be hereby decreased) and where in any case an employer has not increased the rates o:f wages for such employees prior to the effective date of this Code by an equitable readjustment of all wage rates suc h employer shall readjust all such wage rates. This provision shall be interpreted in the same manner that Paragraph 7 of the President's Reemployment Agreement has been interpreted by the Administrator in Interpretations No. 1 and 20. SEC. 6. Handicapped P ersons.-A person whose earning capacity is limited because of age or physical or mental h~ndicap 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 by the United States Department of Labor a certificate authorizing his employment at such wages and for such hours as shall be stated in the certificate. Each employer shall file with the Code Authority a list of all such persons employed by him.

PAGE 8

302 ARTI 'LE Y-E.1 EHAL Lan n P VI ION EOTIO ... 1. Child Labor Provision.-T p r on und r i t n (16) y ars of age shall be m1 loyed in the in ln ry. o I r. on under io-hteen (1 ) ear of aohall b employ"cl t p ration or c upations hich ar hnzar lou in nature or lanor us to health. The ode Authority shall 1bmit to the Adrnini trator before F bruary 1 1934, a list of su h op rations or o upation . In any tat an employer shall be d em cl to have complied with thi pro i ion a t u~e if he shall have n file a certificate or permit duly i . n d by the .Authority in su h tate empowered to is ue employm nt or ao-e certificates or permit howing that the employee i of the required ao-e. b EC. 2. Provisions From the Act.-In compliance with ection 7 (a) o:f the Act it is provided : . (a) That employees shall have the right to organize and bargain collectively, through representatives of their own choosing and hall be free from the interference, restraint, or oercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpo e of collective bargainin~ or other mutual aid or protection. (b) That no emp10yee and no one eeking employment hall be required as a condition of em ployment to join any company union or to refrain from joining, organizing, or assi ting a labor orcrani zation of his own choosing; and ( c) That employers shall comply with the maximum hours of labor, minimum rates of pay, and other condition of employment approved or prescribed by the President. SEC. 3. Reclassification of Employees.-No employer shall r ecla ify employees or duties of occupation s performed for the pur pose of defeating the provision of the Act or of this Code. EO. 4. Starndards for Safety a n d H ealth.-EYery employ r hall make rea onable provision for the afety an l health of his em ployees at the place and during the hour 0 their employm nt. tandards for saf ty and health shall be ubmitted by the Code Authority to the Administrator within six ( 6) month after the effective date of this ode . EC. 5. State Law .-o provi ions in thi. Code shall up r ede any State or Federal law which impo e on emplo 1ers more , tring nt requirements as to age of employees wage hours of work or a. to safety health sanitary or general working condition , or in urance or fire protection, than are imp sed by this ode. 'Ee. 6. Posting.-All employers hall po t omplete copies of this Code in con pi uo 1 pla e acces ible to emp l oyee . EO. 7. Paynient of W ages.-All empl yers . hall make payment of all wages clue in lawful currency or by negotiable ch ck th r for, payable on demand. ,v age hall be paid at the end of ach weekly p e riod. The e wag hall be exempt :from any pa ment for penions, insurance, or sick benefits o her han tho e oluntaril 1 paid by e mplo ee . Employ rs or their ag n shall not ac pt, clir tly

PAGE 9

303 or indirectly, rebates on such wages or give anything of value nor extend any favors to any person for the purpose of influencing rates of wages or working conditions of their employees. The provisions of this section regarding payment of wages at the end of each weekly period shall not apply to persons employed in a managerial or execut ive capacity who earn not l ess than thirty-fiye dollars ($35.00) per week, nor to persons employed in clerical or office work. The wages for persons employed in clerical or office work shall be paid at the end of pay periods not to exceed bimonthly periods. SEc. 8. Industrial Relations Board.-There may be establi shed by the Administrator, a National Industrial Relations Board for the Industry consisting of an equal number of representatives of em ployers and employees to which shall be referred for determination matters arising under the Code relating to labor. Where a majority agreement of the Board cannot be reached, the Board shall select an impartial chairman to render a decision. The creation and functioning of these Boards including the selection of representatives of employees shall be in accordance with Section 7 of the Act. If no truly representative labor organization exists, the employee mem bers of such Board shall be chosen by the Labor Advisory Board of the N.R.A. The employer representatives shall be chosen by the Code Authority. The Industrial Relations Board may establish s uch subsidiary agencies constituted in like manner as it finds necessary. ARTICLE VI-ORGANIZATION, PoWERs, AND DUTIBs OF THE Comi AUTHORITY SECTION 1. O rganization and O onstitution.-A Code Authority is hereby constituted to cooperate with the Administrator in the administration of this Code. SEc. 2. The Code Authority shall consist of three (3) members to be selected as fallows : Members of the industry shall e lect the industry members of the Code Authority by a majority vote of the members of the industry. Such members shall be elected :from directors1 officers or executives of members of the industry which are members of the Institute. SEc. 3. The Institute is hereby designated as the agency to conduc t an election of the members of the Code Authority within fifteen (15) days after the effective date of this Code, and the succeeding annual elections of members of the Code Authority. :Members of the Code Au~horit:y shall be elected to serve for a term of one ( 1) year or until their successors are elected at the next annual meeting of the members of the industry. In the event of any vacancy in the mem bership of the Code Authority, a special meeting of the members of the indu try for an election to fill the incomplete terms of such member shall be called. Notice of the time and place of each election shall be sent by registered mail to all members of the industry at least ten (10) clays in ad-vance of such election, and votin g at n c h election may be by pers on, by proxy, or by letter ballot. Each member of the indu try shall have one (1) vote. SEc. 4. In addition to member ship as above provided, there may be not more than three (3) members, without vote, to be appointed

PAGE 10

304 by th dmini trator, to serve for term of from six ( 6) months to n (1) r ar o arrano-ed that the terms do not expire at the same tim. 'E . . The r pr ntativ who ma be appointed by the Admini ra tor t o-ther with th \. lmini trator hall be
PAGE 11

305 shall be submitted by members to s uch administrative and/or government agencies as the Administrator may designate; p r ovided that nothing in this Code shall relieve any member of the industry of any exi sting obligations to furnis h r eports to an y g ove r nmen t agenc y . N o individual reports sh a ll be di s closed to a n y ot h er membe r of the industry or any other party e xcept to su c h governme ntal age n c i e s as may be directed by t he Administrator. ( d) To use such trade asso ciations and othe r age n c ies as it deen1s proper for the carrying out of any of its a ctivities provide d for herein, provided that nothing h e r ein shall r e li e v e the Code Authority of its duties or responsibilitie s under this Co d e and that s uch trade associations and agencie s shall a t all times be subje c t to and comply with the provisions hereof. ( e) To make recommendations to the Administrator for the coordination of the administration of this Code wi t h su c h othe r codes, if any, as may be related to the industry. (f) To secure from members of the industry an equitable and proportionate payment of the reasonable expens es of maintaining the Code Authority and its activities. (g) To cooperate with the Administrator in r egulating the u s e of any N.R.A. insignia s olely by those members of the industry who have assented to , and are complying with, this Code. (h) To recomm end to the Administrator further fair trade practice provisions to govern m e mbers of the Industry in their relations with each other or with other indus tries and to recommend to the Administrator measures for industrial planning, including stabilization o:f employment. (i) To e stablish minimum s t andards of quality o:f material, w orkmanship, operation, and installation of the products o:f the industry. ARTICLE VII-PUBLICITY OF PRICES, TERMS AND CONDITIONS OF S ALE SECTION 1. Each member o:f the Industry shall, within ten (10) days after the effective date of the Code, file and maintain with the Code Authority schedules of prices for all its products and s c h e d ules o:f prices :for the installation thereof, whi c h schedules s h all include, but without limitation, discounts, specifications, terms, and conditions of sale. SEC. 2. In the even t of any change by any member of the Industry in any pricei discount, specification, term or condition of s ale, he shall file :full and complete copies o:f every such change with the Code Authority, not less than ten (10) days in advanc e o:f the effective date of any such change. Copies thereof, with noti ce of the e ffective date of su c h change, shall b e immediately publis h e d and di stributed by the Code Authority to the interested memb e r s o:f the Industry who may file , if they so d es ire, revisi o ns of their prices , discounts, speci fications , terms or conditions of sale , which, i:f fil ed n o t l ess than five ( 5) da ys prior to s u c h effe cti ve d a te, shall b e effe ctive on the s a me s u c h effective d a te. SEc. 3. Such s pecific ations , price lists, disc oun ts, and terms and conditi o n s of s ale together with any changes t h ereto s h all be o pe n to in spectio n at all re a son a ble times by an y interested par ty. SEc. 4. No member of the Industry shall s ell, pay a reba te, or allow a deduction at any time to any p ers on e xcep t in accordance with his

PAGE 12

306 price liscount , p ifi ation term and conditions of sale filed 1n the mamPr 1..1 rib l h r in ab c. Ea h member of th Indu try hall haY th rio-ht individuall to fil new pric di ount t rm and on lition of al , fr m tim to tim as h rein pro i
PAGE 13

307 offer or extend to any customer any secret discriminatory service or privilege for the purpose of influencing a sale. Rule 7.-N o member of the industry shall give, permit to be given, or directly offer to give anything of value for the purpose of in fluencing or rewarding the action of any employee, agent, or repre sentative of another iu relation to the business of the employer of such employee, the principal of s uch agent, or the represented party, without the knowledge of such employer, principal, or party. Com mercial 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. Rule 8.-No member of the industry shall attempt to induce the breach of an existing contract between a competitor and his em ployee, or customer or source of supply; nor shall any such member interfe~e with or obstruct the performance of such contractual duties or services. Rule 9.-No member of the industry shall, directly or indirectly, substitute his own or different parts in the repair or alteration of a competitor's product or parts thereof without the express authority of the owner. Rule 10.-N o member of the industry shall, directly or indirectly, remove or destroy any trade mark or other identification of any product or part of a product of the industry supplied by a competitor with the intent or effect of deceiving purchaser or a prospective purchaser. Rule 11.-N o member of the industry shall combine quotations or contracts for any product of this industry with any quotation or contract for any other material, labor, or service, for the purpose and with the intent of concealing the true selling price of the product of this industry. Rule 1~.-No member shall offer for sale any product of the industry by any false means or device which tends to mislead or deceive purchasers, competitors and/or others as to the quantity, quality, measurements, substances, or size of such products, labor, or service. If any member of the industry fails immediately to correct such misrepresentation upon being notified thereof, such failure shall be deemed a confession of wilful intent to deceive and mislead such purchasers, competitors and/or others. Rule 13.-N o member of the industry shall omit from its quotation, proposal, or bid, any material, labor, or service required and/or called for by the plans, specifications, or other estimating or pur1 chasing data in order to avoid full responsibility for the complete compliance with all provisions or for the purpose and with the intent of sub equently informing the purchaser that such omitted material, labor, or ervice was included, in order to underbid a competitor. Rule 14.-Verbal quotations shall be confinned in writing. A duplicate or true copy of all quotations given and contracts received Ly a member, shall b e filed with the Code Authority within three clays from the date of issuing a quotation and/or after receiving 0, c:ontract. Rule 15.-The terms of payment of products sold F. 0. B. member's factory or delivered to destination shall not be more favorable than

PAGE 14

308 to provid f r t Ca h thirty (30) days from date of shipment." Th term of a 1ment f products sold erected shall not be more fa,orable than to pro,id for eighty-five (85) percent of the proportionate Yalu f the work done shall be due monthly. The final pa m nt hall b lue and payable thirty (30) days after completion of the c n tract.'' Rule 16.~ To member of the industr7 shall guarantee for a period long r than one ( 1) year from date o installation to furnish or re place, free of charo-e, material found to be def ctive. Rule 17.-Ea h member of the Code shall file with the Code Authorit a li t of his al representatives, which list shall be available to the other members. Such list shall at all times be keJ?t to date by notifying the Secretary of any changes, within ten ( 10) days after being made. Rule 18.-N o member of the industry shall post-date or pre-date any contract invoice, quotation, or receipt, withhold from or insert in any contract invoice, quotation, or receipt any statement which makes such contract, invoice, quotation, or receipt a false statement either in whole or in part or accept or offer to accept any such contract with the effect of injuring the business of a competitor or violating the provisions of this Code. ARTICLE IX-APPEALS SECTION 1. Any intere ste d party shall have the right of complaint to the Code Authority and of a prompt hearing and decision under uch rules of procedure and proper charges to cover cost of investigation and hearing as it may prescribe, in respect to any decision, rule, regulation, order, or finding made by the Code Authority. SEC. 2. Any interested party shall have the right of appeal to the Administrator, under such rules and regulations as he may pre scribe, in respect to any decision1 rule, regulation, order, or finding made by the Code Authority. ARTICLE x-:MoDIFICATIONS SECTION 1. This Code and all the provi sions thereof are expressly made subject to the right of the President, in accordance with the provisions of sub ection (b) of Section 10 o , f the National Industrial R ecovery Act, fron1 time to time to cancel or modify any order approval, license, rule, or regulation issued under 'l'itle I of said Act and specifically, but without limitation, to the right of th~ President to cancel or modify his approval of this Code or any condition s imposed by him upon his appro al thereof. SEc. 2. This Code, except as to provi sions required by the Act, m ay be modified on the basis of experience or changes in circumstances, such modification to be based upon application to the Administrator and such notice and hearing as he shall specify, and to become effective on approval of the President.

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309 ARTICLE XI-MONOPOLIES No provision of this Code shall be so applied as to permit monop olies or monopolistic practices, or to , eliminate, oppress, or discriminate against small enterprises. ARTICLE XII The maximum hours, the minimum wages and conditions of employment of all persons engaged in the installation of rolling steel doors shall conform to the maximum hours, the minimum wages, and conditions of employment provided in the appropriate code or codes in the construction industry as approved by the President. ARTICLE XIII-REGISTRATION OF MEMBERS OF THE INDUSTRY Each member of the industry shall within thirty (30) days of the effective date of this Code register with the Code Authority. All members of the industry who may engage in the industry thereafter shall likewise register with the Code Authority. Registration of a member of the industry shall include the full name and mailing address of the member. The time limit for the registration by any member of the industry may be extended whenever, in the opinion of the Administrator, the time limit as provided herein might cause an injustice to any member of the industry. ARTICLE XIV-EFFECTIVE DATE This Code shall become effective on the second Monday after its approval by the President. Approved Code No. 171. Registry No. 1139--01. 0

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