Citation
Code of fair competition for the outdoor advertising trade as approved on February 24, 1934

Material Information

Title:
Code of fair competition for the outdoor advertising trade as approved on February 24, 1934
Portion of title:
Outdoor advertising trade
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. 273-283 : ; 24 cm.

Subjects

Subjects / Keywords:
Advertising, Outdoor -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry no. 1702-23."
General Note:
"Approved Code No. 304."

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:
004930852 ( ALEPH )
645095839 ( OCLC )

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Full Text






NATIONAL RECOVERY ADMINISTRATION


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CO~DIE OF FAIR COMPETITION


POR THgE


AS APPROVED ON FEBRUARY 24, 1934


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WE D0O UR PAI


UNITED ST TEB(3.
GOVERNMENTT PR~INTI OFC~
WASHINGTON: Ibl ,


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of Spcuments, Wea~nldgon.D.C. Price 5 cents


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OUTDOOR ADVERTISING


TRADE
























This publiention is for sale by the Superintendent of Documents, Government
Printing Offce, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMIIMERCH

Atlanta, Ga.: 504 Post Oflice Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, B.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, M~ich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jack~sonville, Fla.: Chamber of Commerce Building.
Kansas City, M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 220 Federal Building.
Mlinneapolia, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offce Building.
86. Louis, M~o.: 506 Olive Street.
Ban Francisco, Calif.: 310 Customhouse.,
Seattle, Wash.: 800 Federal Office Building.












Approved Code No. 304

CODE OF FAIR COMPETITION
FOR THE

OUTDOOR ADVERTISING TRADE

As Approved oni February 24, 1934


ORDER

CODE OF FAIR COMPETITION FOR THIE OUTDOOR ADVERTISING TRADE
An application having been duly made pursuant; to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Outdoor Advertising Trade, and hearings
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 President of the United
States, I, Hugh S. Johnson, Administrator for I~ndustrial Recovery,
pursuant to authority vested in me by Executive Orders of t.he Presi-
dent, including Executive Order No. 6543--A, dated December 30,
1933, and otherwise; do hereby incorporate by reference saidl 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 Code of Fair
Competition be and it is hereby approved; provided, however, that
the provisions of Article V~III, Section 2, insofar as they prescribe
a waiting period between the filing with the Code Authority (i.e.
actual receipt by the Code Authori~ty) and the effective date of re-
vised price lists or revised terms and conditions of sale be and they
are hereby stayed pending my further order.
HoncI S. JoENBOox,
Apprvalrecomened Admnzbistrator for Industr~ial Recovery.
A. D. WVHITESIDE,
Division Administratfor.
WLIsmxuGox, D.C.,
Feblruary 14, 1934.
42208 0-- 376-128-8--4 (2713)











REPORT TO THE PRESIDENT


The PRESIDENT,
The Wh~ite Hlouse.

INTRODUCTION

SmR: This is the report of the Administrator on the application
for, and public hearingr on, a Code of Fair Competition for the
Outdoor Advertising Tradle, as proposed by a group representative
of that trade. The public hearing was conducted in W~ashington
on December 8, 1933. Every person who reqluest~ed an appearance
wasfr~eely heard in accordance with statutory and regulatory
requIrIIe m en ts.
There are estimated to be 1300 firms in this tra~de. The group
proposing thle Code endeavored to get in touch with all known
mnembers and it is certain that better than 80ro of the business
was d i rec~tly represented.

ECONOMIC AND STATISTICAL MATERIAL

Outdoor Advertising breaks down into 171,500 units or plants ",
each comprised of a group of bill-boards within a given area, which
in 1928 produced a business of $65,000,000 and gave employment to
16,000 persons. In 1933, the volume of business had dwindled to
$i25,000,000 and employment stood at 10,000, declines of about 60%0
and 40%o respectively. Being strictly a service business, Outdoor
Advertijsing is dependent upon general conditions and has little
recreative power within itself.

niscU&L OF CODE PRO\1TIONS

The Code establishes a 40 hour week for all employees except
those engaged in outside workz in communities of less than 25,000
populationn where allowance is made for additional time occasioned
by thle distances between locations. It is estimated that over -85%o
of all employees will be on a 40 hour week and that employment in
the trade will increase by 15%b on the basis of the same volume of
business as was available in 1933.
Inlsofar as rates of pay are concerned, differentiation is made be-
twe~en workers inside and outside the employer's shop, with special
consideration to both t~he size of the community and the South. 'A
manjorityr of workers will be on a 40 cent minimum rate. The lowest
rate possible will be 30) cents for outside workers in small commu-
nities in the South. These provisions will result in payroll increases
averaging better than 10%0. The minimums apply to a very limited
Jrnumber of employees (not over 15%0) as practically all employees
fall in skilled classifications or trades where wages are at relatively
high levels, and are adequately protected by the terms of the Code.
(274)





s. 275

The unfair trade practice provisions are elaborate in order to pre-
serve all of the competitive elements. As in the case of other adver-
taisilg media, such as miagazmnes, it is important that rates be deter-
m3ined in advance.. This is especially important in Outdoor Adver-
tisinga because an advertiser often wishes a national display which
-necessarily involves "L plants owrnedl by a multitude of individual
concerns, some of which may be in direct competition.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all thle proceed-
mngs mn this matter;
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try for the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
requiredd, by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 employees;
and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of satid Act, including wFithlout limita-
tinSbsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof ; and that the applicant group
is truly representative of the aforesaid Trade; and that said group
imposes no inequitable restrictions on admission to membership
trein.
(~id) The Code is not designed to and will not permit monopolies
or .monopolistic practices.
S(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 the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, the Code has been approved.
;: Huno S. JoaNson,
Ad mi~nis~trator.
:'IER~~RUARY 241 1934.












CODE OF F'AIR COMPETITION FOR THE OUTDOOR
ADVERTISING TRADE

ARTICLE I --URPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Alct, t~he following provisions are established as a Code of
Fair Comlpetit~ion for t~he O~tdoor Ade~rt~isingr Trade, and shall be
the standard of fair competition for such Trade and shall be binding
upon every member thereof.
AnaTcu: II--DEFINTTIONS
The term Outdoor Advertising Trade as used herein includes
the service for others of selling and/or erecting and/or placing
and/or maintaining outdoor advertising displays on premises owned,
leased or controlled by a member, and such related branches or sub-
divisions as mnay from t.imne to time be included under the provisions
of this Code.
Thle terml emnploy~ee as used herein includes anyone engaged in
thle Trade in any capacity receiving compensation for his services,
ir~respective of the nature or method of payment of such compensa-
tion, except a member of the Trade.
The terml emlploy~er as used herein includes anyone by whom
anyv such employee is compensated or employed.
The ter~m "' member of the Trade includes anyone engaged in the
Trade as above defined, either as an employer or on his own behalf.
The terml trade area as used herein means any area designated
as a trade area by the Code Authority in accordance with the pro-
visions of this Code.
The term "' President ", "LAct ", "LAdmninistrator ", and Code
Authority ", as used herein shall mean respectively the President of
the United States, Title I of the National Industrial Recovery Act,
the Admlinistrator for Industrial Recovery, and the agency herein
created to administer t-his Code for t~he Trade.
Population for the purposes of this Code shall be determined by
the latest Federal Census.
ARTICLE III--HonUs

1. No employee engaged outside of the shop of the employer but
within the corporate limits of the city in which the shop is located
shall be permitted to work more than forty (40) hours in any one
week except as provided in t~he following two subsections:
(1) No employee engaged outside of the shop of an employer
located in a city or town of 25,000 population or less but greater
than 2,500 population shall be permitted to work in excess of fortji-
four (44i) hours in any one week.
(276)





277

;, (2r:;C) No employee engaged -outside of the shop of an employer
ioiir~j~~cat~ed in rural communities of 2 500 or less shall be permitted to
.. work in excess of forty-eight (48). ours in any one we~ek.
B.~ 2. No watchman shall be perrmitted to work in excess of fifty-six
(56) hours per week averaged over any consecutive two (2) week
per od.
3. No other employee, except as set forth in Sections 1 and 2 of
this Article, outside salesman, outside leaseman, traveling auditors
and mplyeesenggedin a managerial or executive capacity re-
ceiving Thirty-fivlo e ($35.00) Dollars a week or more, shall be per-
mitted to work in excess of forty (40) hours in any one week or
eight (8) hours in any twenty-four (24) hours period.
4. The maximum hours fixed ~in the foregoing sections shall not
apply to any emIployee on emergency maintenance or emergency
repair work involving breakdowns or protection of life or property,
but in any such special case at least time and one-third shall be paid
for hours worked in excess of the maximum hours herein provided.
5. No employee shall be permitted to work more than six (6)
.days in any seven (7) day period.
ARTICLE IV -WAGES

1. No employee in the Trade shall be paid less than Fifteen
($15.00) Dollars per week in cities of 500,000 population or more
and in the trade areas of such. cities; Fiourteen Dollars and Fifty
Cents ($14.50) per week in cities between 250,000 and 500,000 popu-
lation and in the trade areas of such cities; Fourteen ($14.00) Dol-
lars per week in cities between 50,000 and 250,000 population and in
the trade areas of such cities; Thirteen ($13.00) Dollars per week
in cities or places of less than 50,000 population and in t~he trade
areas of such cities or places, except~-
(a) Employees engaged outside of the shop of the employers, shall
be paid not less than 404 per hour in cities of 25,000 population or
more, and not less than 35e per hour in cities or places of less than
25,000 population, provided, however, that in t.he States of Virginia,
North Carolina, South Carolina, Florida, Georgia, Mlississippi, Ten-
nessee, Texas, Alabama, Arkansas, West Virginia, Oklahoma, New
.Miexico, Kentucky, and Louisiana, the mintmumn rate shall be 5$
leass pIer hour, than the hourly rates herein established.
(b) Apprentices shall be paid not less than 80%b of the minimum
rate, provided, however,'that no employee shall be classed as an ap-
prentice who has worked for any employer in the Trade at total of
25 weeks or more and provided further, that the number of ap-
prentices thus classified and paid below the minimum shall not ex-
ceed 5%0 of the total number of employees of any employer, except
that one apprentice may be employed by any employer.
2'. This Article establishes a minimum rate of pay, regardless of
$rxether a~n employee is compensated on a time-rate, piecework, or
other basis.
8, .No employee whose full time weekly hours for the four weeks
ended June 17, 1983 are reduced by the provisions of this Code by
20%b or less shall have his dr her full time weekly earnings reduced.
No employee whose full time weekly hours are reduced by the pro-






278

visions of this Code in excess of 20%J shall have his or her said earn-
ings reduced by more than 50%6 of the amount calculated by multi-
plying: the reduction in hours in excess of 20%0 by the hourly rate.
4. Female employees performing substantially the same work as
male employees shall receive the same rates of pay as male employees.
AnnonL V--GENERAL LABOR PROVISIONS
1. No person under 16 years of age shall be employed in the
Trade, or anyone under 18 years of age at operations or occupa-
tions hazardous in nature or detrimental to health. The Code Au-
t.hority shall submit to the Administrator within 90 days after the
effTective date, a list of such operations or occupations. In. any State,
an employer shall be deemed to have complied with this provision
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.
2. Emnployees shall have the right to organize and bargain col-
lectively 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 mlutua~l aid or protection.
3. No employee and no one seeking employment shall be required
as a condition of employment to join any company uzuon or to re-
frain fromL join.ing, organizing, or assisting a labor organization of
his own choosing, and
4t. Employers shall comply with the maximum hours of labor
minimum rates of pay, and ot er conditions of employment approved
or prescribed by the President.
5. Within each State this Code shall not supersede any laws of
such State imposing more stringent requirements on employer regu-
lating the age of employees, wages, hours of work or health, fire, or
general working conditions than under this Code.
6. Employers shall not reclassify employees or duties of occupa-.
tions performed by employees or engage in any other subterfuge so
as to defeat the purposes of the Act or of this Code.
7. Each employer shall post in conspicuous places accessible to
employees copies of Articles III, IV, and V of this Code and any
amendments thereto.
8. No employees shall be dismissed by reason of making an honest
complaint or giving truthful evidence with respect to an alleged.
violation of this Code.

ARTIcLE VI -ADMINISTRATION
To further e~fect~uate the policies of the Act, a Code Authority isr
hereby constituted to administer this Code. j
ORGANIZATION AND POWERS OF CODE AUTHORITY
1. The Code Authority shanl consist of nine individuals, or such -
other number as may be approved fromt time to time by the Admin-






279


istrator, to be selected as hereinafter set forth, and of such additional
members without vote as the Administrator, in his discretion, may
a point to represent such groups or Governmental agencies as he
may designate. The Trade representatives on the Code Authority
shall consist of nine members of the Trade, provided that not more
than six of the nine members shall be members of the Outdoor
Advertising Association of America, Inc.
(a) Each member of the Code Authority may appoint an alter-
nate to represent him in his absence "and such alternate shall have
full power to vote. No alternate shall, however, be affiiated with
any member of the Trade already represented on the Code Authority.
2. The Code committee of the Outdoor Advertising Trade shall
arrange, subject to the approval of the Administrator, for the nomli-
nation and election of the members of the Code Authority within
ninety (90) days from the effective date of this C~ode. Each member
of the Trade qualifying as provided in Section 15 of this Article
may cast one vote for each of the nine members of the Code Aut~hor-
ity. Members of the Code Authority shall be elected to serve for
one (1) year or until their successors are elected. Until t~he Code
Authority is elected the Code Committee shall serve as the Code
Authority; provided that in no event shaUl it serve beyond ninety
days from the effective date of the Code. If the Code Authority
shall not be elected within such period, the Administrator shall
appoint a temporary Code Authority of nine members of the Trade
to serve until the election of the Code Authority by the Trade.
8. Each trade or industrial association, directly or indirectly par-
ticipating in the selection or activities of the Clode Authority, shall
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its Articles of Association,
By-Laws, regulations and any amendments when made thereto, to-
gether with such other information as to membership, organization
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
4. In order that the Code Authority shall at all times be truly
representative of the Trade and in other respects comply with the
provisions of the Act, the Administrator may provide such hearings
as he may dee~m 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.
5. Nothing contained in this Code shall constitute the members
of the Code Authority partners for any purpose. Nor shall any
member of the Code Aut~hority be liable in any manner to anyone
for any act of any other member, of~er, agent, or employee of the
Code Authority. -Nor shall any member of the Code Authority be
liable to anyone for any action or omission to act under the Code
except for his own willful misfeasance or non-feasance.
6. The Code Authority shall adopt by-laws and rules and regula-
tions for the procedure and for the administration and enforcement
of the Code, in accordance with the powers herein granted, and sub-
mit the same to the Administrator for his approval together with
true copies of any amendments or additions when made thereto,
minutes of meetings when held, and such information as to its activi-




.i ..


280

ties as the Administrator may deem necessary to effectuate the pujr-
poses of the Act.
7. The Code Authority may receive complaints of violations of this
Code, make investigations, reports and recommendations thereof to
t.he Administrator.
8. The Code Authority mayv utilize the facilities of and cooperate
with any and all trade and labor associations or organizations, na-
tional, regional, or local, in the Outdoor Advertising Trade in such
manner as it deems most useful to its work- within the limitations of
Article V, Sect~ions 2, 3, and 4t, and Article VI, Section 3 of this
Code.
9. The Code Authority may oriaeteamnsrto fti
Code with such other Codes, cof anyas may e readistedtion the Trde
or any subdivision thereof and may assist in promoting joint action
upon matters of common interest by establishing~ e joingt Adior
Board to which one or more of its members shalbedegtd
10. The Code Authority may appoint and remove and fix the
compensation of such employees, accountants, attorneys and officers
as it shall deem necessary or proper for thle purpose of administering
the Code.
11. The Code Authority shall investigate the question of over-
runs ", or the permitting of an outdoor advertising display to remain
a longer period of time than is actually provided by the advertisers
contract. The Code Authority shall make recommendations within
90 days after the effective date of this Code to the Administrator
for the regulation of such practice based on such investigation and
st iudy.
12. The Code Authority shall obtain from members of the Trade,
as soon as the necessary readjustments within the Trade can be made,
reports basedl on periods of one, two, or four weeks, or one month,
or multiples thereof, for use of t.he Code Authority and the Admin-
istrator in the administration and enforcement of Ithe Code, and for
the information of the President, and to give assistance to members
of the Trade in improving methods, or in prescribing a uniform
syvstemi of accounting and reporting.
13. The Code Authority shall define and determine the trade areas
specified in Article IV without regard to City, County, State, or
sectional lines.
14. The Code Authorityv shall cause to be formulated an account-
ingr system and methods of cost finding and~/or estimating capable of
use by all members of the industry. After such systemn and methods
have been formulated, full details concerning them shall be naiae
available to all members. Thereafter all memb~ers shall determine
and 'or estimate costs in accordance with the principles of such
miet hod s.
15. Members of thle Trade shall be entitled to participate in and
share the benefits of the activities of the Code Authority, to partici-
p~ate in the selection of' the members thereof, and to use the N.RL.A
Insignia, by assenting to and complying with the requirements of
this Codce andr scustainling their reasonable share of the expense of
preparation. presentation, and administration of this Code. The'
r~easolnable share of such expense shall be determiined by the Code
Authority, subject to review` by the Admuinistrator, on the, basis of~






281


violuxme of business and/or such other factors as may be deemed
equitable to be taken into consideration.
10. If th~e Administrator shall determine that any action of a
Code Authorily or any agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
s;uch action be suspended to afford an opportunity for investigation
of~ the merits of such action and further consideration by such Code
Authority or agency pending 6nal action which shall not be effective
unless the Administrator approves or unless he shall fail to dis-
approve after thirty (30) days' notice to him of intention to proceed
with such action in its original or modified form.
17. In addition to information required to be submitted to any
Code ~Authority, all or any of the persons subject to such Code,
agreement or license shall furnish such statistical information as
the Administrator may deem iie~cessary for the purposes recited in
Section 3 (a) of said Act to such Federal and State agencies as the
Administrator may designate; nor shall anything in any Code, agree-
ment, or license relieve any person of any existing obligation to
furnish reports to Government agencies.
ARrICLE VII-TRADE PRACTICES
1. No member of the Trade shall publish advertising (whether
printed, radio, display, or of any other nature) as to his own business
which is misleading or inaccurate in any material particular, nor
shall any member in any way misrepresent any credit terms, values,
policies, services, or the nature or form of the business conducted.
2. No member of the Trade shall knowingly withhold from or
insert in any quotation or invoices any statement that makes it
inaccurate in any material particular.
3. No member of the Trade shaHl publish advertising as to his
own business which refers inaccurately in any material particular
to any competitors or their prices, values, credit terms, policies, or
services.
4. No member of the Trade shall sell any service at a price below
cost. However, any member may meet the price competition of
none' whose costs under this Code provision are lower.
5.No member of the Trade 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.
6. "No member of the Trade shaHl secretly offer or make any
payment or allowance of a rebate, refund, commission, credit, un-
earlned discount, excess allowance, whether in the form of money or
otherwise, nor shall a member of the Trade secretly offer or extend
to say customer any special service or privilege not extended to all
customers of the same class, for the purpose of influencing a sale.
7. No member of the Trade shall give, permit to be given, or
didctly offer to give, anything of value for the purpose of influeno-
illg or reward~~aing the action of any employee, agent or representa-
tive o'f another in relation to the business of the employer of such
employee, the principal of such agent or the represented party, with-
olit'the knowledge of such employer, principal or party. Com-
m~eri~al briber~ provisions shall not be construed to prohibit free
and general distribution of articles commonly used for advertising







282


except so far as such articles are actually used for commercial bribery
as hereinabove defined.
8. No member of the Trade shall induce or attempt to induce the
breach of an existing contract between a. competitor and his customer
or source of supply; nor shall any such member interfere with or
obstruct the performance of such contractual duties or services.
9. No member of the Trade shall require that the purchase of any
service or lease of any space be a prerequisite to the purchase or lease
of a~ny other service or space.
10. No member of the Trade shall join or participate with other
members of the Trade who with such member constitute a substan-
tial number of members of the Trade or who together control a sub-
stantial per cent of the business in the Trade, in any transaction
known in law as a black list, including any practice or device which
accomplishes the purpose of a black list.
ARTICLE VIII OPEN PlUCE AGREEMENT

1. Te Cde uthrit shll repare and complete as soon as
possible, subject to the approvalofheAmntrorabsicls-
ficat~ion of the services of the Trade together with a schedule of items
or services for which additions to or deductions from the base prices
may be made. This classification may be amended from time to time
by the Code Authority.
2. This classification of services shall be made available by the
Code Authority to every member of the Trade as well as to pur-
chasers of such services. WVithin 30 days thereafter each member of
the Trade shall file with the Code Authority, or otherwise as it may
require, a list showing the base prices for all services, which list
shall be available for the benefit of buyers as well as sellers. Any
subsequent change in a price list shall be filed as provided herein to
become effective not earlier than 30 days from t~he date of filing,
except that t~he first prict list so filed shall become effective im-
mediately.'
3. No member of the Trade shall quote prices or terms, contract
for the sale of or sell any service except upon such current prices
andi terms as he shall have established by filing with the Code
Authority as hereinabove provided. Provided, however, that bons
fide quotations made to advertisers or their representatives shall
be firm if covered by contract placed with member of the Trade
within 90 days fromt date of making such quotations subject to prior
sale.
AnRICLE IX 1\IODIFICATION

1. This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the provi-
sions of subsection (b) of Section 10 of the National Industrial Re-
c~over~y Act, from time to time to cancel or modify any order, ap-
prevall, license, rule, or regulation issued under Title I of said Act
andi specifically, but without limitation, to t~he right of the President
to cancel or modify his approval of this Code or any conditions im-
posed by him upon his approval thereof.
See paragraph 2 of order approving this Code.






283

2. This Code, except as to prprisions required by the Act may 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.
AnywraE X-MONOPOL;LES

No provision of this Code shall be so applied as to permit monopo-
hies or monopohistic practices, or to eliminate, oppress, or discriminate
against small enterprises.
ARTICLE XI--PRICE INUCREASES
Whereas the policy of the Act: to increase real purchrasing power
will. be made difficult of consummation if prices of services increase
as rapidly as wages, it is recognized that price increases should be
delayed, and that when made the same should, so far as reasonably
possible, be limited to actual increases in the seller's costs.
ARTICLE XII--EFFECTIVE DATE

This Code shall become effective on the tenth day after its ap-
proval by the President.
Approved Gode No. 304.
Registry No. 1702-23.




UNIERST FFOIA




Full Text

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Approved Code No. 304 Registry No. 1702-23 NATIONAL RECOVERY ADMINISTRATION CODE OF F.A.IR COMPETITION FOR THE OUTDOOR ADVERTISING TRADE AS APPROVED ON FEBRUARY 24, 1934 WE DO OUR PA.Rt uN\\J . Of. f\. L\1-C . 0 -----,.. .. --~ . I I I I I ' UNITED STATES GOVERNMENT PRINTING OFF1CE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. -------Price 5 centa y

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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 COMMERCK Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass.: 1801 Customho u se. Buffalo, N.Y.: Chamber of Commer ce Building. Charleston, S.C. : Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dalla1', Tex.: Chamber of Commerce Building. Detroit, l\Iich.: 801 First National B ank Building. Houston, Tex. : Ch amber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jackson ville, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A , Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa. : 422 Commercial Trust Building. Pittsburgh, Pa. : Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

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Approved Code No. 304 CODE OF FAIR COMPETITION FOR THE OUTDOOR ADVERTISING TRADE As Approved on February 24, 1934 ORDER CoDE OF F .AIR Col\IPETITION FOR THE OuTDooR ADVERTISING TR.ADE An application having been duly made pursuant to and in :full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Code of Fair Competition for the Outdoor Advertising Trade, and hearing s having been duly held thereon and the annexed report on said Code"' containing findings with re s pect there to, having been made anct directed to the President: NO,V, THEREFORE, on b ehalf of the President of the Unite d States, I, Hugh S. Johns on, Administrator for Industrial Recovery, pursuant to authority vested in m e b y Exe cutiYe Orders of the Pres i dent, including Exec utive Order No. 6543-A, dated December 30, 1933, and otherwis e ; do hereby incorporate by reference said annexe d report and do find that said Code complies in all re s pects with the pertinent provisions and will promote the policy and purpos e s of said Title of said Act; and do hereby order that said Code of F air Competition be and it is hereby approved; provided, however , that the provision s of Article VIII, Section 2 , insofar a s they presc ribe a waiting period between the filing with the Code Authority (i.e. actual receipt by the Code Authority) and the effe c tive date of re vi s ed price li s t s or revised terms and condition s of sale be and they are hereby stayed p ending my further order. ApproYal re commended: A. D. WHITESIDE, HUGHS. JOHNSON, Ad'm , i nis t r ato r for I n dustrial ReC'o very. Divis ion Adniini st r ator. ,:r ASHINGTON, D.C., Feb ruary 24, 1934. 42208-376-128-34 (273)

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REPORT TO THE PRESIDENT The PRESIDENT, The White House. INTRODUCTION Srn: This is the report of the Administrator on the application for, and public hearing on, a Code of Fair Competition for the Outdoor Advertising Trade, as proposed by a group representative of that trade. The public hearing was conducted in Washington on December 8, 1933. Every person who requested an appearance was freely heard in accordance with statutory and regulatory requirements. There are estimated to be 1300 firms in this trade. The group proposing the Code endeavored to get in touch with all known members and it is certain that better than 80% of the business was directly represented. ECONOMIC .AND STATISTICAL MA.TERI.AL Outdoor Advertising breaks down into 17,500 units or "plants", each comprised of a group of bill-boards within a given area, which in 1928 produced a business of $65,000,000 and gave employment to 16,000 persons. In 1933, the volume of business had dwindled to $25,000,000 and employment stood at 10,000, declines of about 60% and 40% respectively. Being strictly a service business, Outdoor Advertising is dependent upon general conditions and has little recreative power within itself. RESUME OF CODE PROVISIONS The Code establishes a 40 hour week for all employees except those engaged in outside work in communities of less than 25,000 population where allowance is made for additional time occasioned by the distances between locations. It is estimated that over 85 % of all employees will be on a 40 hour week and that employment in the trade will increase by 15% on the basis of the same volume of business as was available in 1933. In ofar as rates of pay are concerned, differentiation is made be tween workers inside and outside the employer's shop, with special consideration to both the size of the community and the South. A majority of workers will be on a 40 cent minimum rate. The lowest rate possible will be 30 cents for outside workers in small commu nities in the South. These provisions will result in payroll increases a-veraging better than 10%. The minimums apply to a very lin1ited number of employees (not over 15%) as practically all employees fall in skilled classifications or trades where wages are at relatively high level , and are adequately protected by the terms of the Code. (274)

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275 The unfair trade practice provi ions are elaborate in order to preserye all of the cornpetitiYe elements. As in the case 0 other advertising media, such as magazines, it is important that rates be determined in advance. This is especially important in Outdoor Advertising becau e an advertiser often wi hes a national display which necessarily involves "plants " mYnecl by a multitude of individual concerns, some of which may be in direct competition. FINDINGS The Deputy Administrator in his final report to me on said Code having found as herein set forth and on the basis of all the proceed ings in this matter; I find that: (a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including removal of obstructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoiding undue restriction of producton ( except as may be temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Trade normally employs not more than 50,000 employees; and is not classified by me as a major industry. ( c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and th31t the applicant group is truly representative of the aforesaid Trade; and that said group 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 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 the economic process haYe not been deprived of the right to be heard prior to approval of said Code. For these reasons, the Code has been approved. FEBRUARY 24, 1934. HUGH s. JOHNSON, Adm,inist1a.tor.

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CODE OF FAIR COMPETITION FOR THE OUTDOOR ADVERTISING TRADE ARTICLE I-PURPOSE To effectuate the policies of Title I of the National Industrial Recovery A c t, the following provisions are established as a Code of Fair Competition for the Outdoor Advertising Trade, and shall be the standard of fair competition for such Trade and shall be binding upon every mem.ber thereof. ARTICLE II-DEFINITIONS The term "Outdoor Advertising Trade" as used herein includes the service for others of selling and/ or erecting and/ or placing and/or maintaining outdoor advertising displays on premises owned, leased or controlled by a member, and such related branches or sub di visions as may from time to time be included under the provisions of this Code. The term " employee " as used herein includes anyone engaged in the Trade in any capacity receiving compensation for his services, irrespective of the nature or method of payment of such compensa tion, except a member of the Trade. The term "employer" as used herein includes anyone by whom any such employee is compensated or employed. The term" member of the Trade" includes anyone engaged in the Trade as above defined, either as an employer or on his own behalf. The term "trade area" as used herein means any area designated a a trade area by the Code Authority in accordance with the provisions of this Code. The term "President", "Act", "Administrator", and "Code Authority", as used herein shall mean respectively the President of the United States, Title I of the National Industrial Recovery Act, the Administrator for Industrial Recovery, and the agency herein created to administer this Code for the Trade. Population for the purposes of this Code shall be determined by the latest Federal Census. ARTICLE III-HoURs 1. No employee engaged outside of the shop of the employer but within the corporate limits of the city in which the shop is located shall be permitted to work more than forty ( 40) hours in any one week except as provided in the fallowing two subsections : (1) No employee engaged outside of the shop of an employer located in a city or town of 25,000 population or less but greater than 2,500 population shall be permitted to work in excess of fortyfour ( 44) hours in any one week. (276)

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277 (2) No employee engaged outside of the shop of an employer located in rural communities of 2,500 or les s shall be permitted to work in excess of forty-eight ( 48) hours in any one W\:Jek. 2. No watchman shall be permitted to work in excess of fifty-six (56) hours per week averaged over any consecutive two (2) week period. 3. No other employee, except as set forth in Sections 1 and 2 of this Article, outside salesman, outside lea seman, traveling auditors and employees engaBed in a managerial or executive capacity re ceiving Thirty-five ~$35.00) Dollars a week or more, shall be permitted to work in excess of forty ( 40) hours in any one week or eight (8) hours in any twenty-four (24) hours period. 4. The maximum. hours fixed in the foregoing sections shall not apply to any employee on emergency maintenance or emergency repair work involving breakdowns or protection of life or property, but in any such special case at least time and one-third shall be paid for hours worked in excess of the maximum hours herein provided. 5. No employee shall be permitted to work more than six (6) days in any seven (7) day period. ARTICLE rv-,v AoEs 1. No employee in the Trade shall be paid less than Fifteen ( $15.00) Dollars per week in cities of 500,000 population or m . ore and in the trade areas of such cities; Fourteen Dollars and Fifty Cents ($14.50) per week in cities between 250,000 and 500,000 population and in the trade areas of such cities; Fourteen ($14.00) Dollars per week in cities between 50,000 and 250,000 population and in the trade areas of such cities; Thirteen ($13.00) Dollars per week in cities or places of le ss than 50,000 population and in the trade areas of such cities or places, except-(a) Employees engaged outside of the shop of the employer, shall be paid not le ss than 40 per hour in cities of 25,000 population or more, and not less than 35 per hour in c itie s or places of less than 25,000 population, provided, however, that in the States of Virginia, North Carolina, South Carolina, Florida, Georgia, Mississippi, Tennessee, Texas, Alabama, Arkansas, West Virginia, Oklahoma, New 1fexico, l(entucky, and Louisiana, the mini;num rate shall be 5 le s per hour, than the hourly rates herein established. (b) Apprentices shall be paid not less than 80% of the minimum rate, provided, however, that no employee shall be classed as an apprentice who has worked for any employer in the Trade a total of 25 weeks or more and provided further, that the number of ap prentices thus classified and paid below the minimum shall not ex ceed 5% of the total number of employees of any employer, except that one apprentice may be employed by any employer. 2. This Article establishes a minimum rate of pay, regardless of whether an employee is compensated on a time-rate, piecework, or other basis. 3. No employee whose full time weekly hours for the four week s ended June 17 1933, are reduced by the provisions of this Code by 20% or less shall have his or her full time -n-eekly earnings reduced. No employee who e full time weekly hours are reduced by the pro-

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278 visions o:f this Code in excess of 20% shall have his or her said earnings reduced by more than 50% of the amount calculated by multiplying the reduction in hours in excess of 20% by the hourly rate. 4. Female employees performing substantially the same work as male employees shall receive the same rates of pay as male employees. ARTICLE V-GENERAL LABOR PROVISIONS 1. No person under 16 years of age shall be employed in the Trade, or anyone under 18 years of age at operations or occupa tions hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator within 90 days after the effective date, a list of such operations or occupations. In any State, an e mployer shall be deemed to have complied with this provision 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. 2. Employe es shall have the right to organize and bargain col lectively 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. 3. No employee and no one seeking employment sha.11 be required as a condition o . f employment to join any company union or to refrain from joining, organizing, or assisting a labor organization of his own choosing, and 4. Employers shall comply with the maximum hours of labor minimum rates of pay, and other conditions of employment approved or prescribed by the President. 5. Within each State this Code shall not super,sede any laws of such State imposing more stringent requirements on employer regulating the age of employees, wages, hours of work or health, fire, or general working conditions than under this Code. 6. Employers shall not reclassify employees or duties of occupa tions performed by employees or engage in any other ,subterfuge so as to defeat the purpos~s of the Act or of this Code. 7. Each employer shall post in conspicuous places accessible to employees copies of Articles III, IV, and V of this Code and any amendments thereto. 8. No employees shall be dismissed by reason of making an honest complaint or giving truthful evidence with respect to an alleged violation of this Code. ARTICLE VI-ADMINISTRATION To further effectuate the policies of the Act, a Code Authority is hereby constituted to administer this Code. ORGANIZATION AND POWERS OF CODE AUTHORITY 1. The Code Authority shall consist of nine individuals, or such other number as may be approved from time to time by the Admin-

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279 istrator, to be selected as hereinafter set forth, and of such additional members without vote as the Administrator, in his discretion, may appoint to represent such groups or Governmental agencies as he may designate. The Trade representatives on the Code Authority shall consist of nine members of the Trade, provided that not more than six of the nine members shall be 1nembers of the Outdoor Advertising Association of America, Inc. (a) Each member of the Code Authority may appoint an alternate to represent him in his absence and such alternate shall have full power to vote. No alternate shall, however, be affiliated with any member of the Trade already represented on the Code Authority. 2. The Code committee of the Outdoor Advertising Trade shall arrange, subject to the approval of the Administrator, for the nomination and election of the members of the Code Authority within ninety (90) days from the effective date of this Code. Each member of the Trade qualifying as provided in Section 15 of this Article may cast one vote for each of the nine members of the Code Authority. Members of the Code Authority shall be elected to serve for one (1) year or until their successors are elected. Until the Code Authority is elected the Code Committee shall serve as the Code Authority; provided that in no event shall it serve beyond ninety days from the effective date of the Code. If the Code Authority shall not be elected within such period, the Administrator shall appoint a temporary Code Authority of nine members of the Trade to serve until the election of the Code Authority by the Trade. 3. 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 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. 4. In order that the Code Authority shall at all times be truly representative of the Trade and in other respects comply with the provisions of the Act, the Administrator may provide such hearings 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. 5. Nothing contained in this Code shall constitute the members 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 be liable to anyone for any action or omission to act under the Code except for his own willful misfeasance or nonfeasance. 6. The Code Authority shall adopt by-laws and rules and regulations for the procedure and for the administration and enforcement of the Code, in accordance with the powers herein granted, and u.bmit the same to the Administrator for his approval together with true copies of any amendments or additions when 111.ade thereto, minutes of meetings when held, and such information as to its activi-

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t 280 ties as the Administrator may deem necessary to e:ff ectuate the purposes of the Act. 7. The Code Authority may receive con1plaints of violations of thi Code, make investigations, reports and recommendations thereof to the Administrator. 8. The Code Authority may utilize the facilities of and cooperate with any and all trade and labor associations or organizations, national, regional, or local, in the Outdoor Advertising Trade in such manner as it deems most useful to its work within the limitations of Article V, Sections 2, 3, and 4, and Article VI, Section 3 of this Code . 9. The Code Authority may coordinate the administration of this Code with such other Codes, if any, as may be related to the Trade, or any subdivision thereof and may assist in promoting joint action upon matters of common interest by establishing a joint Advisory Board to which one or more of its members shall be delegated. 10. The Code Authority may appoint and remove and fix the compensation of such en1ployees, accountants, attorneys and officers as it shall deen1 necessary or proper for the purpose of administering the Code. 11. The Code Authority shall investigate the question of "overruns", or the permitting of an outdoor advertising display to remain a longer period of time than is actually provided by the advertisers contract. The Code Authority shall make recommendations within 90 days after the effective date of this Code to the Administrator for the regulation of such practice based on such investigation and study. 12. The Code Authority shall obtain from members of the Trade, as soon as the necessary readjustments within the Trade can be made, reports based on periods of one, two, or four weeks, or one month, or multiples thereof, for use of the Code Authority and the Administrator in the administration and enforcement of the Code, and for the information of the President, and to give assistance to members of the Trade in improving methods, or in prescribing a uniform system of accounting and reporting. 13. The Code Authority shall define and determine the trade areas specified in Article IV without regard to City, County, State, or sectional lines. 14. The Code Authority shall cause to be formulated an accounting system and methods of cost finding and/or estimating capable of use by all members of the industry. After such system and methods have been formulated, full details concerning them shall be made available to all members. Thereafter all members shall determine and/or estin1ate costs in accordance with the principles of such 1nethods. 15. Members of the Trade shall be entitled to participate in and share the benefits of the aGtivities of the Code Authority, to participate in the selection of the members thereof, and to use the N.R.A. Insignia, by a senting to and complying with the requirements of this Code and sustaining their reasonable share of the expense of preparation, presentation, and administration of this Code. The reasonable share of such expen e shall be determined by the Code Authority, subject to review by the Administrator, on the ba sis of

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281 volume of business and/or such other factors as may be deemed equitable to be t a k en into consideration. 16. If the Administrator shall determine that any action o:f 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 suspended 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 dis a pp rove after thirty ( 30) days' notice to him of intention to proceed with such action in its original or modified form. 17. In addition to information required to be submitted to any Code Authority, all or any of the persons subject to such Code, agreement or license shall furnish such statistic al information as the Administrator may deem necessary for the pur,poses recited in Section 3 (a) of said Act to such Federal and State agencies as the Administrator may designate; nor shall anything in any Code, agree ment, or license relieve any person of any existing obligation to :furnish reports to Government agencies. ARTICLE VII-TRADE PRACTICES 1. No member of the Trade shall publish advertising (whether printed, radio, display, or of any other nature) as to his own business which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any credit terms, values, policies, services, or the nature or form of the busine ss conducted. 2. No member of the Trade shall knowingly withhold from or jnsert in any quotation or invoices any statement that makes it inaccurate in any material particular. 3. No member of the Trade shall publish advertising as to his own business which refers inaccurately in any material particular to a~y competitors or their prices, values, credit terms, policies, or services. 4. No member of the Trade shall sell any service at a price below cost. However, any member may meet the price competition of anyone whose costs under this Code provision are lower. 5. No member of the Trade 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. 6. No member of the Trade shall secretly off er or make any payment or allowance of a rebate, refund, commission, credit, unearned discount, excess allowance, whether in the form of money or otherwise, nor shall a member of the Trade secretly off er or extend to any customer any special service or privilege not extended to all customers of the same class, for the purpose of influencing a sale. 7. No member of the Trade shall give, permit 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 representa tive of another in relation to the business of the employer or s uch employee, the principal of such agent or the represented party, with otit the knowledge of such employer, principal or party. Com mercial bribery provisions shall not be construed to prohibit free and general distribution 0 articles corrunonly u ed for advertising

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282 except o far as such articles are actually u ed for commercial bribery as hereinabove defined. 8. No member of the Trade shall induce or attempt to induce the breach of an existing contract between a competitor and his customer or source of supply; nor shall any such member interfere with or obstruct the performance of such contractual duties or services. 9. No 1nember of the Trade shall require that the purchase of any service or lease of any space be a prerequisite to the purchase or lease of any other service or space. 10. No member of the Trade shall join or participate with other members of the Trade who with such member constitute a substantial number of members of the Trade or who together control a substantial per cent of the business in the Trade, in any transaction known in law as a black list, including any practice or device which accomplishes the purpose of a black list. ARTICLE VIII-OPEN PRICE AGREEMENT 1. The Code Authority shall prepare and complete as soon as possible, subject to the approval of the Administrator, a basic classi fication of the services of the Trade together with a schedule of items or services for which additions to or deductions from the base prices may be made. This classification may be amended from time to time by the Code Authority. 2. This classification of services shall be made available by the Code Authority to every member of the Trade as well as to purchasers of such services. "Vithin 30 days thereafter each member of the Trade shall file with the Code Authority, or otherwise as it may require, a list showing the base prices for all services, which list shall be available for the benefit of buyers as well as sellers. Any subsequent change in a price list shall be filed as provided herein to become effective not earlier than 30 days from the date of filing, except that the first prict list so filed shall become effective immediately.1 3. No member of the Trade shall quote prices or terms, contract for the sale of or sell any service except upon such current prices and terms as he shall have established by filing with the Code Authority as hereinabove provided. Provided, however, that bona fide quotations made to advertisers or their representatives shall be firm if covered by contract placed with member of the Trade within 90 days from date of making such quotations subject to prior sale. ARTICLE IX-MODIFICATION ~. 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 Re covery 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. 1 See paragraph 2 of order approving this Code.

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283 2. This Code, except as to provisions required by the Act may be modified on the ba is 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 a pproYal of the President. ARTICLE X-~10NOPOLIES r o provi ion of this Code shall be o applied as to permit monopolies or monopoli tic practices or to eliminate, oppress or discriminate against small enterprises. ARTICLE XI-PRICE IKCREASES Whereas the policy of the Act to increase real purchasing power will be made difficult of consummation if prices of s e rvices increase as rapidly as wages, it is recognized that price increa es should be delayed and that when made the ame should, so :far as reasonably pos ible, be limited to actual increa es in the seller's costs. ARTICLE XII-EFFECTIVE DATE This Code shall become effective on the tenth day after its approval by the President. Approved Code No. 304. Registry No. 1702-23. 0

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