Citation
Code of fair competition for the dental laboratory industry as approved on January 22, 1934

Material Information

Title:
Code of fair competition for the dental laboratory industry as approved on January 22, 1934
Portion of title:
Dental laboratory industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
U. S. Government Printing Office
Publication Date:
Language:
English
Physical Description:
p. 283-296 : ; 23 cm.

Subjects

Subjects / Keywords:
Dental laboratories -- Law and legislation -- United States ( lcsh )
Dentistry ( 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. 217."
General Note:
"Registry No. 1617-09."

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:
004930641 ( ALEPH )
67529352 ( OCLC )
33026974 ( LCCN )

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iONAL RECOVERY ADMINISTRATION





CODE OF FAIR COMPETITION

SFOR THE


DENTAL LABORATORY


INDUSTRY
AS APPROVED ON JANUARY 22,1934
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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 COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse. :
Buffalo, N.Y.: Chamber of Commerce Building.
Chairleston, 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.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South 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. 217
I CODE OF FAIR COMPETITION
I I FOR THE
7 DENTAL LABORATORY INDUSTRY
As Approved on January 22, 1934


I I

L ORDER
APPROVING CODE OF FAIR COMPETITION
: 'FOR THE
i: DENTAL LABORATORY INDUSTRY

An application having been duly made pursuant to and in full
;::.compliance with the provisions of Title I of the National Industrial
1:ecovery Act, approved June 16, 1933, for approval of a Code of
i:'ritr Competition for the Dental Laboratory Industry, and hearings
V h sng been duly held thereon and the annexed report on said Code.
iz:taining findings with respect thereto, having been made and
4ir:' e ted to the President:
NOW, THEREFORE, on behalf of the President of the United
ai. tes, I, Hugh S. Johnson, Administrator for Industrial Recovery,
iP suant-to authority vested in me by Executive Orders of the Presi-
deBt, including Executive Order No. 6543-A, dated December 30,
|19883,.and otherwise; do hereby incorporate by reference said annexed
ert and do find that said Code complies in all respects with the
P 6iient provisions and will promote the policy and purposes of said
:i of said Act; and do hereby order that said Code of Fair Com-
ift.ion be and it is hereby approved, but upon the following
edition:
That the limitation of hours per week set forth in Section 2
of Article III for clerical and office employees shall be forty
instead of forty-four, except that it shall be forty-four in any
case where there is only one such employee in a dental laboratory.
HUGH S. JOHNSON,
S.. Administrator for Industrial Recovery.
approval Recommended:
(ho. L. BERR,
Division Administrator.
iWASrnaTN, D.- C., January 22, 1934.
S~'S8'--313--64---34 (288)

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The PRESIDENT,
The White House.
SIR: A public hearing on the Code of Fair Competition for the
Dental Laboratory Industry of the United States, submitted by the
National Dental Laboratories Association, located at 1010 Vermont
Avenue, Washington, D.C., was conducted in Washington on the
20th of October 1933, in accordance with the provisions of the Na-
tional Industrial Recovery Act. The Association claims to represent
in excess of eighty percent (80%) of the Industry.
The maximum hours established by this Code are forty (40) per
week for all employees, with the exception of laboratories employing
one clerical or office worker in which case such worker is allowed
forty-four (44) hours per week. One-man laboratories are also
allowed forty-four (44) hours per week. Workers in the Dental Lab-
oratory Industry were employed in 1929 on an average of fifty-two
(52) hours per week and in 1933 approximately forty-seven (47)
hours per week. To return employment to the 1929 level it would be
necessary to establish a 37.6-hour week. However, from a practical
angle a 40-hour week seems to be a most advisable basis for the re-
employment of workers in this Industry. Through the establish-
ment of a 40-hour week approximately 1,400 workers should benefit
by reemployment.
The minimum wages established in this Code are forty cents (400)
per hour, or $16.00 per week for all processing workers, and $14.00
per week for office employees. The minimum wage for apprentices
is $14.00 per week for a period of one year, and forty cents (400)
per hour or $16.00 per week thereafter. Messengers not engaged in
processing shall receive $10.00 per week. Provision is made for time
and one third for all hours worked by processing employees in excess
of forty (40) per week.
Owing to the fact that so many conflicting figures were presented
at the public hearing, bearing on the Dental Laboratory Industry,
and because of the fact that no information regarding this Industry
is available through governmental sources, it is impossible to give
a very accurate or clear statistical picture of the Industry.
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 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-
(284)







285

* ing unfair competitive practices, by promoting the fullest possible
S utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), 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 Industry normally employs not more than 50,000 em-
ployees; 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 said Act, including without limitation
Subsection (a) of Section 3, Subsection (a) of Section 7, and Sub-
section (b) of Section 10 thereof; and that the applicant association
is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions 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 have not
been deprived of the right to be heard prior to approval of said
Code.
This Industry has cooperated in a most satisfactory manner with
the Administrator in the preparation of this Code. From the evi-
dence adduced during this hearing and from recommendations and
reports of the various Advisory Boards, it is believed that this Code
in its present form as approved represents an effective, practical,
equitable solution for this. Industry; and for these reasons this Code
has been approved.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JANUARY 22, 1934













CODE OF FAIR COMPETITION
FOR THE
DENTAL LABORATORY INDUSTRY


ARTICLE I-PmIEPOSES

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code
of Fair Competition for the Dental Laboratory Industry, and shall
be the standard of fair competition for such industry and binding
upon every member thereof.

ARTICLE II-DEFINITIONS

1. The term "Dental Laboratory Industry as used herein shall
mean the construction, repair, or adjustment, outside the oral cavity,
in a dental laboratory, of dental prosthetic appliances, consisting
of restorative dentures and corrective appliances made from impres.
sions and/or casts, and such related branches or subdivisions as
may from time to time be included under the provisions of this Code
by the President of the United States, after such notice and hearing
as he may prescribe.
2. The term Dental Laboratory" as used herein shall mean a
workroom or rooms wherein dental prosthetic appliances are con-
structed, repaired, or adjusted on order, instruction or prescription,
for a dentist or another dental laboratory; excluding, however, the
workroom or rooms operated as a part of the office or offices of a
practicing dentist or dentists, and their bona fide employees engaged
and employed therein in the construction, repair, or adjustment of
dental prosthetic appliances solely for the personal patients of such
dentist or dentists and not for the patients of any .other dentist or
dentists.
3. The term home work as used herein shall mean the perform-
ance of the work of this industry in the home or elsewhere outside of
the work room or rooms of a dentist or dentists, a dental laboratory,
or a one-man dental laboratory as herein defined.
4. The term member of the industry includes, but without limi-
tation, any individual, partnership, association, corporation, or other
form of enterprise engaged in the industry,-either as an employer
or on his or its own behalf.
5. The term employee as used herein shall include any and all
persons engaged in the industry as herein defined however compen-
sated, including any person when engaged in processing and except-
ing executives and employers when not engaged in processing.
(286)






287

S 6. The terms "price or prices" as used herein shall mean the
Charges for the products and/or services of the industry.
i 7, The term "one-man laboratory" as used herein shall mean a
Dental laboratory in which only one person is engaged in processing,
whether or not any messengers, office, or other nonprocessing em-
ployees are employed.
8. The term "apprentice" as used herein shall mean any person
having less than one year's experience in the industry as defined
S above, who is employed as a learner or beginner.
.-9. The term "processing" as used herein shall mean performing
any step in the construction,..adjustment, or repair of any product
of this industry.
10. The terms "Act" and "Administrator" as used herein mean
respectively Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Recovery.

ARTICLE III--HOURS

MAXIMUM HOURS

SECTION 1. No employee, engaged in whole or in part in process-
ing, shall be permitted to work in excess of forty (40) hours in any
one week except as herein otherwise provided. A normal workday
shall not exceed eight (8) hours.
SEc. 2. No person employed in clerical, office, or other nonprocess-
ing. work shall be permitted to work in excess of forty-four (44)
hours in'any one week. A normal workday shall not exceed nine
(9) hourg1
EXCEPTIONS TO HOURS

SEc. 3. A one-man laboratory shall not engage in processing to
exceed forty-four (44) hours per week.
SEC. 4. The provisions of this Article shall not apply to outside
salesmen, or to persons employed in a managerial or executive
capacity who do not engage in processing and who earn thirty-five
dollars ($35.00) or more per week.
SEC. 5. Processing employees, including the operator of a one-man
laboratory, shall be allowed to work twenty-five (25) hours in excess
of the maximum hours established in Sections 1 and 3 of this Article
during each half of the calendar year, provided, however, that no
such employee shall work more than forty-eight (48) hours in any
one week and provided further that a record of all hours of over-
time shall be posted in the laboratory and reported as required by
I the Code Authority.

EMPLOYMENT BY SEVERAL EMPLOYERS

SEO. 6. No employee shall be permitted to work, for a total num-
ber of hours in excess of the number of hours herein prescribed,
whether he be employed by one or more employers.

,' "Modified by paragraph 2 of order approving this Code.








OPERATING HOURS OF A LABORATORY

SEo. 7. No dental laboratory shall be operated or remain open in
excss of fifty-two (52) hours in any one week; nor shall any such
laboratory be operated or open for the purpose of performing any
business function on Sunday or before 7:00 A.M. on any week day,
or later than 7:00 P.M. on Monday to Friday, inclusive, or later
than 1:30 P.M. on Saturday.
(a) Uniform holiday closing, and uniform opening and closing
hours between the hours herein prescribed, may be established in any
metropolitan area, city, or town by a majority vote of all laboratories
located within such areas and when approved by the Code Authority
shall be binding upon all laboratories in such area.
(b) Each Dental laboratory shall post in an accessible place in its
laboratory a schedule of its operating hours and a schedule of the
. working hours of its employees, and file copies and/or reports of
same as the Code Authority shall designate.

AwnTCL IV-WAGES
MINIMUM WAGES

SECTION 1. No employee shall be paid in any pay period less than
at the rate of forty cents (400) per hour or sixteen dollars ($16.00)
per week except as otherwise herein provided.
(a) Apprentices shall be paid not less than fourteen dollars
($14.00) per week for a period of one (1) year, and thereafter at not
less than the rate of forty cents (400) per hour.
(b) Messengers not engaged in processing shall be paid not less
than ten dollars ($10.00) per week.
(c) Office and clerical help shall be paid not less than the rate of
fourteen dollars ($14.00) per week.
(d) Part-time employees shall be compensated for the work per-
formed by them at not less than the minimum rates herein established.

PIECEWORK COMPENSATION-MINIMUM WAGES

SEC. 2. This article establishes a minimum rate of pay which shall
apply, irrespective of whether an employee is actually compensated
on a time rate, piecework performance or other basis.

WAGES ABOVE MINIMUM

SEC. 3. It is the policy of the members of this industry to refrain
from reducing the compensation for employment, which compensa-
tion was, prior to June 16, 1933, in excess of the minimum wages
herein set forth, notwithstanding that the hours of work in such
employment may be reduced; and all members of this industry shall
endeavor to increase the pay of all employees, in excess of the mini-
mum wage as herein set forth, by an equitable adjustment of all pay
schedules.







289

SEC. 4. Female employees performing substantially the same work
as male employees shall receive the same rates of pay as male em-
ployees.
SE. 5. Time and one third shall be paid processing employees for
all hours in excess of forty (40) hours per week.
SSC. 6. The provisions of this Article shall not apply to outside
salesmen, or to persons employed in a managerial or executive ca-
pacity who do not engage in processing.

ARTICLE V-GENERAL LABOR PROVISIONS

CHILD LABOR

SECTION 1. No person under sixteen (16) years of age shall be em-
ployed in the industry. No person under eighteen (18) years of
age shall be employed at operations or occupations which are hazard-
ous in nature or dangerous to health. The Code Authority shall
submit to the Administrator within sixty (60) days after the ap-
proval of this Code a list of such operations or occupations. In any
State an employer shall be deemed to have complied with this pro-
vision as to age if he shall have on file a certificate or permit duly
signed by the authority in such State empowered to issue employ-
ment or age certificates or permits showing that the employee is of
the required age.
PROVISIONS FROM THE ACT

SEC. 2. 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 organization
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.
RECLASSIFICATION OF EMPLOYEES

SEC. 3. Employers shall not reclassify employees or duties of occu-
pations performed by employees so as to defeat the purposes of the
Act.
STANDARDS FOR SAFETY AND HEALTH

SEC. 4. Every employer shall make reasonable provision for the
safety and health of his employees at the place and during the hours
of their employment.








BTATE LAWS

SEC. 5. No provision in this Code shall supersede any State or
Federal law which imposes more stringent requirements as to age
of employees, wages, hours of work, or as to safety, health, sanitary
or general working conditions, than are imposed by this Code.

POSTING

SEC. 6. All employers shall post and keep posted complete copies
of the wage and hour and general labor provisions of this Code in
conspicuous places accessible -to employees.

APPRENTICES

SEC. 7. No laboratory shall employ apprentices in a ratio greater
than one to every four processing employees or major fraction
thereof, provided, however, that any laboratory employing four or
less processing employees may employ one apprentice. Apprentices
shall not be counted as processing employees in the determination
of this ratio.
SANITARY REQUIREMENTS

SEC. 8. No room or apartment in a tenement or dwelling house
used for living, eating or sleeping purposes, shall be used for the
purpose of conducting a dental laboratory, unless such laboratory
complies with sanitary requirements as established by the Code
Authority, and approved by the Administrator. Any action: of the
Code Authority with respect to this provision shall be subject to
the review and disapproval of the Administrator.
(a) Every part of the dental laboratory shall be kept clean and
shall be kept free from accumulation of dirt, filth, rubbish in and
about the same. The entire premises shall be well drained and the
plumbing thereof at all times kept in proper repair and in a clean
and sanitary condition.

STUDEN--LEARNER WORK

SEC. 9. Work done by students and learners shall not be sold
unless such students or learners are paid for this work in compli-
ance with the provisions of the Code, provided, however, that this
provision shall not apply to work done by students of any bona
fde dental school or college or to work done by students and learners
under existing contracts executed in compliance with the law of the
State in which such contract was made.

HOME WORK

SEc. 10. All home work in this industry is hereby prohibited.

ARTICLE VI-ADMINISTRATION


Organization, Powers, and Duties of the Code Authority.






291


ORGANIZATION AND CONSTITUTION
SECION 1. A Code Authority is hereby established to cooperate
with the Administrator in the administration of this code and shall
consist of fifteen (15) members to be chosen by the industry through
a fair method of selection and approved by the Administrator. The
Administrator in his discretion may appoint not more than three
additional members without vote and without compensation from
the industry, to serve for such period of time and to represent the
Administrator or such group or groups as he may designate.
(a) The Code Authority shall be selected as follows: One member
to be selected from the members of the industry in each of the twelve
(12) Regions covering the entire United States, and three (3) mem-
bers at large, to be selected from the entire industry.
(b) In order to assist the Code Authority in the Administration
of this code, the National Dental Laboratories Association is hereby
designated as the administrative agency of the Code Authority and
as thp-agency to collect such statistics and information, subject to
the disapproval of the Administrator, as may be pertinent and
required for the purposes of this code.
(c) Regional Sub-Code Authorities are hereby established to fur-
ther assist the Code Authority, and shall consist of five (5) members
nominated by and from members of the industry by a fair method
of selection in each region and appointed by the Administrator. For
the purposes of this Code, the Regional divisions of the industry
shall be as follows:
Region 1. Maine, New Hampshire, Vermont, Massachusetts, Con-
necticut, Rhode Island.
Region 2. New York.
Region 3. Pennsylvania, New Jersey.
Region 4. West Virginia, Virginia, Delaware, Maryland, District
of Columbia.
Region 5. Tennessee, North Carolina, South Carolina, Georgia,
Florida, Alabama, and Mississippi.
Region 6. Kentucky, Indiana, Ohio, and the Southern peninsula
of Michigan.
Region 7. Wisconsin, Illinois, and the Northern peninsula of
Michigan.
Region 8. Missouri, Arkansas, Louisiana.
Region 9. Iowa, Minnesota, Nebraska, North Dakota, South
Dakota.
Region 10. Kansas, Oklahoma, Texas, New Mexico, Colorado.
Region 11. California, Nevada, Utah, Arizona.
Region 12. Washington, Oregon, Idaho, Montana, Wyoming.
SEC. 2. Vacancies in the personnel of the Code Authority selected
by the industry shall be filled pending a selection as provided for
the appointment of the original members, through appointment by
the Administrator upon nomination of the Code Authority.
(a) In the event of the failure of any region to select its Regional
Sub-Code Authority or any member or members thereof within the
time specified by the Code Authority, or in the event of any va-
cancy occurring therein, the Code Authority may make appoint-






zYZ


ments to fill such vacancies pending the selection of qualified sue-
cessors as provided herein.
SEC. 3. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Code Authority
shall impose no inequitable restrictions on membership, and shall'
submit to the Administrator and to the Code Authority true copies :
of its articles of association, by-laws, regulations, and any amend-
ments 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. :
SEC. 4. 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 ::
hearings as he may deem proper; and 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, he may take such action as
he may deem necessary under the circumstances.
SEC. 5. Members of the industry shall be entitled to participate
in and share the benefits of the activities of the Code Authority and
Regional Sub-Code Authorities and participate in the selection of
the members thereof and in any revisions or amendments to this
code by assenting to and complying with the requirements of this
code and sustaining their reasonable share of the expenses of ad-
ministration or by becoming members of the National Dental Lab-
oratories Association and paying to the Code Authority such pro-
portionate part of the cost of administration as the Code Authority,
subject to the Administrator's approval, shall prescribe as fair and
equitable.
(a) Any member of the industry shall be eligible for member-
ship in the National Dental Laboratories Association and in any
regional, state, or local association directly or indirectly participat-
ing in the selection or activities of the Code Authority and/or Re-
gional Sub-Code Authority, upon compliance with the provisions
of the by-laws relating to membership, provided that any person
applying for such membership shall, in addition to the payment of
such dues as are applicable in his case in accordance with the estab-
lished rate or schedule of dues, accept a reasonable and equitable
share of the cost of administration.
SEC. 6. Nothing contained in this code shall constitute the mem-
bers of the Code Authority or Regional Sub-Code Authorities part-
ners for any purpose. Nor shall any member of the Code Authority
or Regional Sub-Code Authorities be liable in any manner to any-
one for any act of any other member, officer, agent, or employee
of the Code Authority. Nor shall any member of the Code Author-
ity or Regional Sub-Code Authorities, exercising reasonable dili-
gence in the conduct of his duties hereunder, be liable to anyone for
any action or any omission to act under this Code, except for his own
willful misfeasance or nonfeasance.
POWERS AND DUTIES
Snc. 7. The Code Authority shall have the following powers and
duties to the extent permitted by the Act, subject to the review and
disapproval of the Administrator.







293
S (a) To administer the provisions of this Code and provide for
the compliance of the industry with the provisions of the Act, and
to propose and submit to the Administrator, for his approval,
amendments and/or modification of this code.
(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,
statistics, and reports as are required for the administration of the
Code and to provide for submission by members of such information,
statistics and reports as the Administrator may deem necessary
for the purposes recited in Section 3 (a) of the Act, which infor-
mation, statistics, and reports shall be submitted to such administra-
tive and/or government agencies as the Administrator may desig-
nate; 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 to any other person or agency
except as may be directed by the Administrator, or except as it may
be deemed necessary to divulge such information to enforce the ob-
servance of the provisions of this code. Any person conducting a
dental laboratory shall furnish promptly to the Code Authority the
information required by it, in such form as may be specified.
(d) Within a reasonable time after the effective date of this code
to provide for the establishment and promulgation of:
(1). A uniform system of billing which shall be complied with
and adhered to by all members of this industry.
(2) A uniform method of cost accounting and/or cost formulae,
which, when approved by the Administrator shall be used in the
determination of cost by all members of this industry.
(e) To use the National Dental Laboratories Association and
such regional, state, and local 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.
(f) To make recommendations to the Administrator for the coor-
dination of the administration of this code with such other codes, if
any, as may be related to the industry.
-(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 stabiliza-
tion of "employment.
ARTICLE VII-UNFAIR TRADE PRACTICES
The following practices are unfair methods of competition and
are prohibited:
i. C'uarantees.-No member of this industry shall guarantee any
product of this industry, except in accordance with the rules and









regulations concerning guarantees, established by the Code Author-
ity and approved by the Administrator.
2. False Marking or Branding.-No member of this industry
shall mark or brand any product of the industry in any manner
having a tendency to mislead or deceive customers, or prospective
customers, whether as to the grade, quality, quantity, substance, conV
struction, nature, origin, size, finish, or preparation of such product.
3. Commercial Bribery.-No member of the industry 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. em-
ployee, agent, or representative of another in relation to the busi-
ness of the employer of such employee, the principal of such agent,
or the represented party, without the knowledge of such employer,
principal, or party. Commercial bribery provisions shall not be'
construed to prohibit free and general distribution of articles com-
monly used for advertising, except so far as such articles are actu-
ally used for commercial bribery as hereinabove defined.
4. Espionage of Ceom7petitors.-No member of this industry: shall
attempt to secure confidential information concerning the business
of a competitor by a false or misleading statement or representation,
by a false impersonation of one in authority, by bribery, or by any
other unfair method.
5. Interference with Contractual Relations.-No member of this
industry shall attempt to induce the breach of an existing contract
between a competitor and his employee or customer or source of:sup-
ply; nor shall any such member interfere with or obstruct the
performance of such contractual duties or services. ..
6. Substitution of Materials.-No member of this industry shall
use, submit, or bill any material, superior or inferior in quality to
that specified by the purchaser of any dental laboratory product,
thereby effecting a price discrimination.
7. Rebates.-No member of the industry shall offer or make any
payment or allowance of a rebate, refund, commission, credit, dis-
count, or excess allowance, whether in the form of money or other-
wise, nor shall a member of the industry offer or extend to any
customer any special service or privilege not extended to all customers
of the same class.
8. Defanmation.-No member of this industry shall attempt to
defame competitors by falsely imputing to them dishonorable con-
duct, inability to, perform contracts, questionable credit standing, or
by other false representations, or by the false disparagement of the
grade or quality of their goods.
9. Conspiracy.-No member of this industry shall aid or abet any
person in the dental laboratory industry in any unfair competitive
practice. .
10. Misrepresentation.-No member of the industry shall bill or
invoice or offer to sell any dental laboratory product, under any!
description which does not fully describe such dental laboratory
product in terms customarily used in the dental laboratory industry,
or in violation of the uniform system of billing when adopted for the
industry...
11. Threats of Law Suits.-No member of the industry shall pull':
lish or circulate unjustfied or unwarranted threats of legal pro
S.-.







295


ceedings which tend to or have the effect of harassing competitors or
i intimidating their customers. Failure to prosecute in due course
shall be evidence that any such threat is unwarranted or unjustified.
12. Samples.-No member of this industry shall bill or sell samples
of dental laboratory products for less than the cost of production;
nor employ free goods or free samples or free deals in connection
with a sales transaction. Nothing in this provision shall be so
construed as to prohibit the bona fide loan of samples.
13. Underselling Clainw.-No member of the industry shall use or
participate in the publishing or broadcasting of any statement or rep-
resentation which lays claim to a policy or continuing practice of
generally underselling competitors.
14. False Invoicing.-No member of the industry shall knowingly
withhold from or insert in any quotation or invoice any statement
that makes it inaccurate in any material particular.
15. Acceptance of Work.-No member of this industry shall accept
any dental restoration for adjustment, repair, or processing, except
from a dentist or from another dental laboratory.

Arncuc VIII-REGULATIONS AS TO COSTS, PRICE LISTS, TERMS, ETa.

1. Costs.-No member of the industry shall sell, or offer to sell, the
services or products of his laboratory below cost, based on normal
operations, computed in accordance with a uniform method of cost
accounting and/or cost formulae adopted by the Code Authority and
approved by the Administrator.
2. Price Lists.-Each member of the industry shall within fifteen
(15) days after the effective date of this code file with the Code
Authority and otherwise as it shall direct, and with his Regional Sub-
Code Authority, his net current price lists to become effective on the
date filed.
(a) No member of the industry shall thereafter sell, or offer to sell,
at prices other than the prices contained in his price list so filed .
(b) Revised price lists may, ten (10) days prior to the effective
date thereof, be filed, from time to time, in the same manner as
provided for the filing of original price lists.
(c) Upon complaint or on its own initiative, the Code Authority
may require the listing laboratory to file its cost data forthwith and
if the price of any item in any such price list is determined by the
Code Authority to be improper, in that it does not comply with the
-provisions of the Code, new prices, based upon the uniform method
of cost accounting and/or cost formulae which do comply with the
- provisions of this code rhary be required by the Code Authority to
be filed within ten (10) days after notice thereof to the listing
laboratory.
3. Terms and Discounts.-(a) All quotations and bills or invoices
for products and services of dental laboratories shall be made only
uponithe' basis of net settlements due on or before the first of the
following month and payable on or before the fifteenth day thereof.
S(b) No member of the industry shall offer or allow any cash or
trade discount; provided that no provision of this code shall be
interpreted to prevent the extension between laboratories of courtesy
discounts applying to the products of the industry; and provided




w


UNIVERSITY OF FLORIDA
11111111 IIIIIIIIIli1111111liDiill
296 3 1262 08728 6190
further, that the purchasing laboratory shall not sel fl i
at less than the producing laboratory's prices thereof a
the Code Authority. ... .
ARTICLE IX-MODIFICATIOn .::::"l
SECTION 1. This Code and all the provisions- thereof aTe' ..
made subject to the right of the President, in accordance wi:: .
provisions of subsection (b) of Section 10 of the Act, f-qrom
time to cancel or modify any order, approval, license, r
regulation issued under said Act. *..-.
SEC. 2. This Code, except as to provisions required by -h t
may be modified or amended on the basis of experieti; c brWc.
in circumstances, such modifications, or amendments to- 'l.
upon application by the Code Authority to the Administr'toAn1Y
such notice and hearing as he shall specify to become eIf eti6.
approval of the Administrator, unless otherwise provided. :'- t4.
ARnTIcr X--MomNOPOEs .' : :ll
1. No provision of the Code shall be so applied as "to f...
monopolies or monopolistic practices, or to eliminate, oppa'. ieI
discriminate against small enterprises.
ARTCL XI' .
1. Whereas the policy of the Act to increase real purchasini'o
will be made more difficult of consumm4tibn if prices of g '
services increase as rapidly as- wages,. it is recognized tit t
increases except such as may be required to meet individuals
should be delayed, but when made such increases should, .so .:l
possible, be limited to actual additional increases in the seller C
ARTICLE XII
1. This Code shall become effective 'on the tenth day t.
approval by the Administrator. -.
Approved Code No. 217
Registry No. 1617-09 ".'
o '0*


I




Full Text

PAGE 1

Approved Code No. 217 Registr y N o. 1617-0 9 NATIONAL RECOVERY A D MINIST R AT ION CODE OF FA I R COM P ET IT ION FOR T H E DENTAL LABORATORY INDUSTRY ll AS APPROVED ON JANUA R Y 22 , 193 4 WE DO OUR PART . -. -0-= -. ----UNITED STATES GOVERNMENT PRINTIN G OFFICE WASHINGTON: 1934 \ \ I ( For aale by I.be Superintendent of Documents, Washin&ton , D.C. ------ • -Price Ii centa V

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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 COMMERCE Atlanta, Ga.: 504 Post Office Building. Birmingham, Ala.: 257 Federal Building. B ost on, Mass. : 1801 Customhouse. Buffalo, N.Y.: Chamber of Commerce Building. Chnrleston, 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, l\Iich.: 801 First National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. J acksonv ille, Fla.: Chamber of Commerce Building. Kn.nsas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisvi lle, 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 Oli ve Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

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Approved Code No. 217 CODE OF FAIR COMPETITION FOR THE DENTAL LABORATORY INDUSTRY As Approved on January 22, 1934 ORDER APPROVING CODE OF FAIR COMPETITION FOR THE DENTAL LABORATORY INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, for approval of a Code of Fair Competition for the Dental Laboratory Industry, and hearings having been duly held thereon and the annexed report on said Code-1 containing findings with respect thereto, having been made and directed to the President : NO,V, THEREFORE, on behalf of the President of the United Staws, I, Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Code complies in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code of Fair Competition be irnd it is hereby approved, but upon the following condition: That the limitation of hours per week set forth in Section 2 of Article III for clerical and office employees shall be forty instead of forty-four, except that it shall be forty-four in any case where there is only one such employee in a dental laboratory. HUGH S. JOHNSON, Administrator for Industrial Recovery. Approval Recommended : GEO. L. BERRY, Division Administrator. WASHINGTON, D. C., January f2, 1934, 82288-313-54-34 (283)

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The PRESIDENT, The White House. Sm: A public hearing on the Code of Fair Competition for the Dental Laboratory Industry of the United States, submitted by the National Dental Laboratories Asso ciation, located at 1010 Vermont Avenue, Washington, D.C., was conducted in Washington on the 20th of October 1933, in accordance with the provisions of the National Industrial Recovery Act. The Association claims to represent in excess of eighty percent (80%) of the Industry. The maximum hours established by this Code are forty ( 40) per week for all employees, with the exception of laboratories employing one clerical or office worker in which case such worker is allowed forty-four ( 44) hours per week. One-man laboratories are also allowed forty-four ( 44) hours per week. vVorkers in the Dental Laboratory Industry were employed in 1929 on an average of fifty-two ( 52) hours per week and in 1933 approximately forty-seven ( 47) hours per week. To return employment to the 1929 level it would be nece ssary to establish a 37.6-hour week. However, from a practical angle a 40-hour week seems to be a most advisable basis for the reemployment of workers in this Industry. Through the establish n1ent of a 40-hour week approximately 1,400 workers should benefit by reemployment. The minimum wages established in this Code are forty cents ( 40) per hour, or $16.00 per week for all processing workers, and $14.00 per week for office employees. The minimum wage for apprentices 1s $14.00 per week for a period of one year, and forty cents (40) per hour or $16.00 per week thereafter. Messengers not engaged in proces sing shall receive $10.00 per week. Provision is made for time and one third for all hours worked by processing emp loy ees in excess of forty ( 40) per week. Owing to the fact that so many conflicting figures were presented at the public hearing, h earing on the Dental Laboratory Industry, and becau se of the fac t that no information regarding this Industry is available through governmental sources, it is impossible to give a very accurate or clear statistical picture of the Industry. The Deputy Administrator in his final report to m . e on said Code having found as herein set forth and on the basis of all the proceedings in this matter ; I find t .hat-( 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 inte rstat e and foreign commerce which tend to diminish the amount thereof and will provide for the general welf:1re 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 eliminat-(284)

PAGE 5

285 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 b e 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 Industry normally employs not more than 50,000 em ployees; and is not classified by me as a major industry. ( c) The Code as approved complies in all respe c t s with the p ertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Se ction 7, and Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable restric tions 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 have not been deprived of the right to be heard prior to approval of said Code. This Industry has cooperated in a most satisfactory manner with the Administrator in the preparation of this Code. From the evi dence adduced during this hearing and from recommendations and reports of the various Advisory Boards, it is believed that this Code in its present form as approved represents an effective, practical, equitable solution for this Industry; and for these reasons this Code has been approved. Respectfully, JANUARY 22, 1934. HUGH s. JOHNSON, Administrator.

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CODE OF FAIR COMPETITION FOR THE DENTAL LABORATORY INDUSTRY ARTICLE I-PURPOSES To effectuate the policies 0 Title I of the National Industrial Recovery Act, the following provisions are established as a Code of Fair Competition for the Dental Laboratory Industry, and shall be the standard of fair competition for such industry and binding upon every member thereof. ARTICLE II-DEFINITIONS 1. The term "Dental Laboratory Industry" as used herein shall mean the construction, repair, or adjustment, outside the oral cavity, in a dental laboratory, of dental prosthetic appliances, consisting of restorative dentures and corrective appliances made from impres~ sions and/or casts, and such related branches or subdivisions as may from time to time be included under the provisions of this Code by the President of the United States, after such notice and hearing as he may prescribe. 2. The term "Dental Laboratory" as used herein shall mean a workroom or rooms wherein dental prosthetic appliances are constructed, repaired, or adjusted on order, instruction or prescription, for a dentis t or another dental laboratory; excluding, however, the workroom or rooms operated as a part of the office or offices of a practicing dentist or dentists, and their bona fide employees engaged and employed therein in the construction, repair, or adjustment of dental prosthetic appliances solely for the personal patients of such dentist or dentists and not for the patients of any .other dentist or dentists . 3. The term" home work" as used herein shall mean the performance of the work of this industry in the home or elsewhere outside of the work room or rooms of a dentist or dentists, a dental laboratory, or a one-man dental laboratory as herein defined. 4. 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 employer or on his or its own b ehalf. 5. The term. "employee" as used herein shall include any and all person s engaged in the industry as herein defined however compen sated, including any person when engaged in processing and except~ ing executives and employers when not engaged in proc essing . (286)

PAGE 7

287 6. The terms " price or prices " as used herein shall mean the charges for the products and/or services of the industry. 7. The term " one-man laboratory " as used herein shall mean a d~ntal laboratory in which only one person is engaged in processing, whether or not any messengers, office, or other nonproc essing em ployees are employed. 8. The term H apprentice " as used herein shall m ean any person having less than one year's experience in the industry as defined above, who is employed as a learner or beginner. 9. The term "processing" as used herein shall m ean performing any step in the construction, adjustment, or repair of any product of this industry. 10. The terms "Act" and "Administrator" as used herein mean respectively Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery. ARTICLE III-HoURs MAXIMUM HOURS SECTION 1. No employee, engaged in whole or in part in process ing, shall be permitted to work in excess of forty ( 40) hours in any one week except as herein otherwise provided. A normal workday shall not exceed eight ( 8) hours. SEc. 2. No person employed in clerical, office, or other non processing work shall be permitwd to work in excess of forty-four (44) hours in any one week. A normal workday shall not exceed nine (9) hours.1 EXCEPTIONS TO HOURS SEc. 3. A one-man laboratory shall not engage 1n processing to exceed fortyour ( 44) hours per week. SEc. 4. The provisions of this Article shall not apply to outside salesmen, or to persons employed in a managerial or executive capacity who do not engage in processing and who earn thirty-five dollars ($35.00) or more per week. SEc. 5. Processing employees, including the operator of a one-man laboratory, shall be allowed to work twenty-five (25) hours in excess of the maximum hours established in Sections 1 and 3 of this Article during each half of the calendar year, provided, however, that no such employee shall work more than forty-eight ( 48) hours in any one week and provided further that a record of all hours of overtime shall be posted in the laboratory and reported as required by the Code Authority. EMPLOYMENT BY SEVERAL EMPLOYERS SEc. 6. No employee shall be permitted to work, for a total number of hours in excess of the number of hours herein prescribed, whether he be employed by one or more employers. 1 1\Iodified by paragraph 2 of orcler approving this Code.

PAGE 8

288 OPERATING HOURS OF A LABORATORY SEc. 7. No dental laboratory shall be operated or remain open in ex~ss of fifty-two ( 52) hours in any one week; nor shall any such laboratory be operated or open for the purpose of performing any business function on Sunday or before 7 : 00 A.M. on any week day, or later than 7: 00 P.M. on Monday to Friday, inclusive, or later than 1: 30 P.M. on Saturday. (a) Uniform holiday closing, and uniform opening and closing hours between the hours herein prescribed, may be established in any metropolitan area, city, or town by a majority vote of all laboratories located within such areas and when approved by the Code Authority shall be binding upon all laboratories in such area. (b) Each Dental laboratory shall post in an accessible place in its laboratory a schedule of its operating hours and a schedule of the working hours of its employees, and file copies and/or reports of same as the Code Authority shall designate. ARTICLE IV-WAGES MINIMUM WAGES SECTION 1. No employee shall be paid in any pay period less than at the rate of forty cents (40) per hour or sixteen dollars ($16 . 00) per week except as otherwise herein provided. (a) Apprentices shall be paid not less than fourteen dollars ($14.00) ~r week for a period of one (1) year, and thereafter at not less than the rate of forty cents (40) per hour . . (b) Messengers not engaged in processing shall be paid not less than ten dollars ($10.00) per week. ( c) Office and clerical help shall be paid not less than the rate of fourteen dollars ($14.00) per week. ( d) Part-time employees shall be compensated for the work performed by them at not less than the minimum rates herein established. PIECEWORK COMPENSATION-MINIMUM WAGES SEc. 2. This article establishes a minimum rate of pay which shall apply, irrespective of whether an employee is actually compensated on A time rate, piecework performance or other basis. WAGES .ABOVE MINIMUM SEc. 3. It is the policy of the members of this industry to refrain from reducing the compensation for employment, which compensation was, prior to June 16, 1933, in excess of the minimum wages herein set forth, notwithstanding that the hours of work in such employment may be reduced; and all members of this industry shall endeavor to increase the pay of all employees, in excess of the mini mum wage as herein set forth, by an equitable adjustment of all pay schedules.

PAGE 9

289 SEC. 4. Female employees performing s ubstan t ially th e sam e work as male employees shall receive the a m e r a t es of pay a m a l e e m ployees. SEc. 5. Time and one third shall be paid proce ssing e mployees for all hours in excess of forty ( 40) hours per week. SEC. 6. The provisions of this Article s h all not apply t o outside salesmen, or to persons e~ployed in a m a n a g erial or e x ecutiv e capacity who do not engage in processing. ARTICLE V-GENERAL LABO R PROVISIONS CHILD LABOR SECTION 1. No person under sixteen (16) y ears 0 age s h a ll be employed in the industry. No person under eighteen (18) years of age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall submit to the Administrator within sixty (60) days after the approval of this Code a list of such operations or occupation s . In any State an employer shall be deemed to have complied with this provision as to age if he shall have on file a c e rtificate or permit duly signed by the authority in such State empowered to issue employment or age certificates or permits showing that the employe e is of the required age. PROVISIONS FROM THE Aar SEc. 2. 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 choo sing, and shall be free from the interference, restraint, o r 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 as s i sting a labor organization 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. REGLASSIFICA TION OF EMPLOYEES SEc. 3. Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purpos es of the Act. STANDARDS F O R S AFETY AND HEALTH SEc. 4. Every employer shall make reas onable provis ion for the safety and health of his employees at the place and during the hours of their employment.

PAGE 10

290 STATE LAWS SEc. 5. No prov1s1on in this Code shall supersede any State or Federal law which imposes more stringent requirements as to age of employees, wages, hours of work, or as to safety, health, sanitary or general working conditions, than are imposed by this Code. POSTING SEc. 6. All employers shall post and keep posted complete copies of the wage and hour and general labor provisions of this Code in conspicuous places accessible to employees. APPRENTICES SEc. 7. No laboratory shall employ apprentices in a ratio greater than one to every four processing employees or major fraction thereof, provided, however, that any laboratory employing four or less processing employees may employ one apprentice. Apprentices shall not be counted as processing employees in the determination of this ratio. SANITARY REQUIREMENTS SEc. 8. No room or apartment in a tenement or dwelling house used for living, eating or sleeping purposes, shall be used for the purpose of conducting a dental laboratory, unless such laboratory complies with sanitary requirements as established by the Code Authority, and approved by the Administrator. Any action of the Code Authority with respect to this provision shall be subject to the review and disapproval of the Administrator. (a) Every part of the dental laboratory shall be kept clean and shall be kept free from accumulation of dirt, filth, rubbish in and about the same. The entire premises shall be well drained and the plumbing thereof at all times kept in proper repair and in a clean and sanitary condition. STUDENT-LEARNER WORK SEc. 9. Work done by students and learners shall not be sold unless such students or learners are paid for this work in compli ance with the provisions of the Code, provided, however, that this provision shall not apply to work done by students of any bona nde dental school or college or to work done by students and learners under existing contracts executed in compliance with the law of the State in which such contract was made. HOME WORK SEc. 10. All home work in this industry is herAby prohibited. ARTICLE VI-ADMINISTRATION Organization, Powers, and Duties of the Code Authority.

PAGE 11

291 ORGANIZATION AND CONSTITUTION SECTION 1. A Code Authority is hereby established to cooperate with the Administrator in the administration of this code and shall consist of fifteen (15) members to be chosen by the industry through a fair method of selection and approved by the Ad1ninistrator. The Administrator in his discretion m .ay-appoint not more than three additional members without vote and without compensation from the industry, to serve for such period of time and to represent the Adininistrator or such group or groups as he may designate. (a) The Code Authority shall be selected as follows: One member to be selected from the members of the industry in each of the twe!Ye (12) Regions covering the entire United States, and three (3) members at large, to be selected from the entire industry. (b) In order to as ist the Code Authority in the Administration of this code, the National Dental Laboratories Association is hereby designated as the administrative agency of the Code Authority and as the agency to collect such statistics and infonnation, subject to the disapproval of the Administrator, as may be pertinent and required for the purposes of this code. ( c) Regional Sub-Code Authorities are hereby established to further assist the Code Authority, and shall consist of five ( 5) members nominated by and from mem .bers of the industry by a fair method of selection in e-ach region and appointed by the Adininistrator. For the purposes of this Code, the Regional divisions of the industry shall be as follows : Region 1. Maine, New Han1pshire, Vermont, Massachusetts, Con-necticut, Rhode Island. Region 2. New York. Region 3. Pennsylvania, New Jersey. Region 4. West Virginia, Virginia, Delaware, Maryland, District of Columbia. Region 5. Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, and J\fississippi. Region 6. Kentucky, Indiana, Ohio, and the Southern peninsula of Michigan. Region 7. Wisconsin, Illinois, and the Northern peninsula of Michigan. Region 8. Missouri, Arkansas, Louisiana. Region 9. Iowa, J\,-1innesota, Nebraska, North Dakota, South Dakota. Region 10. Kansas, Oklahoma, Texas, New Mexico, Colorado. Region 11. California, Nevada, Utah, Arizona. Region 12. Washington, Oregon, Idaho, Montana, Wyoming. SEC. 2. Vacancies in the personnel of the Code Authority selected by the industry shall be filled pending a selection as provided for the appointment of the original members, through appointment by the Administrator upon nomination of the Code Authority. (a) In the event of the failure of any region to select its Regional Sub-Code Authority or any member or members thereof within the time specified by the Code Authority, or in the event of any vacancy occurring therein, the Code Authority may make appoint-

PAGE 12

292 ments to fill such vacancies pending the selection of qualified suc cessors as provided herein. SEc. 3. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall impose no inequitable restrictions on membership, and shall submit to the Administrator and to the Code Authority true copies of its articles of association, by-laws, re.,gulations, and any amend ments 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. SEc. 4. 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 hearings as he may deem proper; and 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, he may take such action as he . may deem necessary under the circumstances. SEc. 5. Members of the industry shall be entitled to participate in and share the benefits of the activities of the Code Authority and Regional Suh-Code Authorities and participate in the selection of the members thereof and in any revisions or amendments to this code by assenting to and complying with the requirements of this code a.nd sustaining their reasonable share of the expenses of administration or by becoming members of the National Dental Laboratories Association and paying to the Code Authority such proportionate part of the cost of administration as the Code Authority, subject to the Administrator's approval, shall prescribe as fair and equitable. (a) Any member of the industry shall be eligible for membership in the National Dental Laboratories Association and in any regional, state, or local association directly or indirectly participating in the selection or activities of the Code Authority and/or Re gional Sub-Code Authority, upon compliance with the provisions of the by-laws relating to membership, -provided that any person applying for such membership shall, in addition to the payment of such dues as are applicable in his case in accordance with the estab lished rate or schedule of dues, accept a reasonable and equitable share of the cost of administration. SEc. 6. Nothing contained in this code shall constitute the mem bers of the Code Authority or Regional Sub-Code Authorities partners for any purpose. Nor shall any member of the Code Authority or Regional Sub-Code Authorities be liable in any manner to any one for any act of any other member, officer, agent, or employee of the Code Authority. Nor shall any member of the Code Authority or Regional Sub-Code Authorities, exercising reasonable dili gence in the conduct of his duties hereunder, be liable to anyone for any action or any omission to act under this Code, except for his own willful misfeasance or nonfeasance. POWERS AND DUTIES SEc. 7. The Code Authority shall have the following powers and duties to the extentlermitted by the Act, subject to the review and disapproval of the dministrator.

PAGE 13

293 (a) To administer the provisions of this Code and provide for the compliance of .the industry with the proYi i o n of the \.ct, and to propose and submit to the Administrator, for hi s approval, amendments and/or modification of this code. (b) To adopt bylaws and rules and regulations for it procedure and for the administration and enforcement of the Cod e . ( c) To obtain from members of the industry s u ch information, statistics, and reports as are required for the administration of the Code and to provide for submission by members of such information, statistics and reports as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act, which information, statistics, and reports shall be submitted to such administrative and/or government 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 to any other person or agency except as may be directed by the Administrator, or except as it may be deemed necessary to divulge such information to enforce the ob servance of the provisions of this code. Any person conducting a dental laboratory shall furnish promptly to the Code Authority the information required by it, in such form as may be specified. ( d) vVithin a reasonable time after the effective date of this code to provide for the establishment and promulgation of: (1) A uniform system of billing which shall be complied with and adhered to by all members of this industry. (2) A uniform method of cost accounting and/or cost formulae, which, when a pp roved by the Administrator shall be used in the determination of cost by all members of this industry. ( e) To use the National Dental Laboratories Association and such regional, state, and local 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 hereo:f. (f) To make recommendations to the Administrator for the coordination of the administration of this code with such other codes, if any, as may be related to the industry. (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 Administrato_r further. fair ~rade p~ac tice provisions to govern members of the mdustry 1n their relat10ns with each other or with other industries and to recommend to the Administrator measures for industrial planning, including stabiliza tion of employment. ARTICLE VII-UNFAIR TRADE PRACTICES The following practices are unfair methods of competition and are prohibited: 1. Guarantees.-N o member of this industry shall guarantee any product of this industry, except in accordance with the rules and

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294 regulations concerning guarantees, established by the Code Author-ity and approved by the Administrator. . 2. False Markinq or B1and-ing.-No member of this industry shall mark or brand any product of the industry in any manner having a tendency to mislead or deceive customers, or prospective customers, whether as to the grade, quality, quantity, substance, construction, nature, origin, size, finish, or preparation of such product. 3. C 0111/Jnercial Brib ery.-N o member of the industry 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 em ployee , agent, or representative of another in relation to the busi nes s of the employer of such employee, the principal of such agent, or the represented party, without the knowledge of such employer, principal, or party. Commercial bribery provis ion s shall not be construed to prohibit free and general distribution of articles com monly used for advertising, except so far as such articles are actu ally used for commercial bribery as hereinabove defined. 4. Espionage of Oompetitors.-N o member of this industry shall attempt to secure confidential information concerning the business of a competitor by a false or misleading statement or representation, by a false impersonation of one in authority, by bribery, or by any other unfair method. 5. Inter fe1ence with Oontrac t'IJ)ai R elations.-No member of this jndustry shall attempt to induce the breach of an existing contract between a cm~1petitor and his employee or customer or sourc~ of supply; nor shall any suc h member interfere with or obstruct the performance of s uch contractual duties or services. 6. Substitution of M aterials.-N o member of this industry shall u se, submit, or bill any material, superior or inferior in quality to that specified by the purchaser of any dental laboratory product, thereby effecting a price discri mination. 7. R ebates.-No member of the industry shall offer or make any payment or allowance of a rebate, refund, commission, credit, dis count, or excess allowance, whether in the form of money or other wise, nor shall a member of the industry offer or extend to any customer any specia l service or privilege not extended to all customers of the same class. 8. D e famat ion.-N o member of this industry shall attempt to defame competitors by falsely imputing to them di shonorable con duct, inability t0i perform contracts, questionable credit standing, or by other f a l se r epresen tations, or by the false disparagement of the grade or quality of their goods. 9. Oonspiracy.-No member of this industry shall aid or abet any person in the dental laboratory industry in any unfair competitive practice. 10. Misrepr e s entation.-N o member of the industry shall bill or invoice or offer to sell any dental laboratory product, under any des cription which does not fully describe such dental laboratory product in terms c ustomarily used in the dental laboratory industry, ?r in violation of the uniform system of billing when adopted for the industry. 11. Tli1eats of Law Suits.-No member of the industry shall pub• lish or circulate unjustfied or unwarranted threats of legal pro-

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295 ceedings 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. 12. Samples.-N o member of this industry shall bill or sell samples of dental laboratory products for less than the cost of production; nor employ free goods or free samples or free deab in connection with a sales transaction. Nothing in this provision shall be so construed as to prohibit the bona fide loan of samples. 13. Underselling OlaimJS.-N o member of the industry shall use or participate in the publishing or broadcasting of any statement or representation which lays claim to a policy or continuing practice of generally underselling competitors. 14. False lnvoiC'ing.-No member of the industry shall knowingly withhold from or insert in any quotation or invoice any statement that makes it inaccurat-e in any material particular. 15. Acceptance of W ork.-N o member of this industry shall accept any dental restoration for adjustment1 repair, or processing, except from a d_entist or from another dental aboratory. ARTICLE VIII-REGULATIONS .As TO CosTs, PRICE LrsTs, TERMs, ETo. 1. 0 osts.-N o member of the industry shall sell, or offer to sell, the services or products of his laboratory below cost, based on normal operations, computed in accordance with a uniform method of cost accounting and/or cost formulae adopted by the Code Authority and approved by the Administrator. 2. Price Lists.-Each member of the industry shall within fifteen (15) days after the effective date of this code file with the Code Authority and otherwise as it shall direct, and with his Regional SubCode Authority, his net current price lists to become effective on the date filed. (a) No member of the industry shall thereafter sell, or offer to sell, at prices other than the prices contained in his price list so "i.led. (b) Revised price lists may, ten (10) days prior to the effective date thereof, be filed, from time to time, in the same manner as provided for the filing of original price lists. ( c) Upon complaint or on its own initiative, the Code Authority may require the listing laboratory to file its cost data forthwith and if the price of any item in any such p['ice list is determined by the Code Authority to be improper, in that it does not comply with the provisions of the Code, new prices, based upon the uniform method of cost accounting and/or cost formulae which do comply with the provisions of this code may be required by the Code Authority to be filed within ten ( 10) days after notice thereof to the listing laboratory. 3. Terms and Disoournts.-(a) All quotations and bills or invoices for products and services of dental laboratories shall be made only upon the basis of net settlements due on or before the first of the following month and payable on or before the fifteenth day thereof. (b) No member of the industry shall offer or allow any cash or trade discount; provided that no provision of this code shall be interpreted to prevent the extension between laboratories of courtesy discounts applying to the products of the industry; and provided

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U NIVERSITY OF FLORIDA II I II IIIIII Ill I ll lllll lllll II IIII IIII I I l l llll 1 1 1 1111111 1 1 1 1 1 1 1 1 1 296 3 1262 08728 6190 further, that the purchasing laboratory shall not sell such products at less than the producing laboratory's prices thereof as filed with the Code Authority. ARTICLE IX-MODIFICATION 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 Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under said Act. SEc. 2. This Code, except as to provisions required by the Act, may be modified or amended on the basis of experience or changes in circumstances, such modifications or amendments to be based upon application by the Code Authority to the Administrator and such notice and hearing as he shall specify to become effective on approval of the Administrator, unless otherwise provided. ARTICLE X-MONOPOLIES 1. No prov1s10n of the Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. ARTICLE XI 1. Whereas the policy of the Act to increase real purchasing powe r will be made more difficult of consummation if prices of goods and services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cos t should be delayed but when made such increases should, so far as possible, be limited to actual additional increases in the seller's costs. ARTICLE XII 1. This Code shall become effective on the tenth day after its approval by the Administrator. Approved Code No. 217 Registry No. 1617-09 0