Citation
Code of fair competition for the all metal insect screen industry

Material Information

Title:
Code of fair competition for the all metal insect screen industry as approved on November 14, 1933 by President Roosevelt
Portion of title:
All metal insect screen industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington
Publisher:
U.S. Govt. Print. Off.
Publication Date:
Language:
English
Physical Description:
v, 8p. : ; 23 cm.

Subjects

Subjects / Keywords:
Wire screens ( lcsh )
Insect pests -- Control ( 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:
Includes: 1. Executive order. 2. Letter of transmittal. 3. Code.
General Note:
Code no. 112.
General Note:
Registry no. 1153-1-01.

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004931553 ( ALEPH )
31954084 ( OCLC )

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This item has the following downloads:


Full Text







AL RF~eCOERY ADMINISTRATION





C~ODS~ OF FAIR COMPELITITIO

POB THE


METAL INSECT SCREI

INDUSTRY


OEDON-NOVEMEBE 14, 1938


PRESIDENT ROkOSEVELT1 .





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1. ExeutiveOrder
ITransmittal


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OV~ERNLENT PRINTIENG OFFICE
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This publication is for sale by the Blaperintndent of Documents. Government
Printing Of~ee, Washington, D.C., and by distrlet oft~ees of the Bureau oiForeign
and Domestic Commerce.

DISTRICT OPPICES OF THE DEPARTMENT OF COMM~ERCH

Atlanta, Ga.: 504 Post Of~ce Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
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, Mich.: 2213 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, Mina.: 212 Federal Building,
New Orleans, 1La.: Room 225-A, Onaitomhouse.
New York, N.Y.: 784 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Phlilado~lphia, Pa.: 938 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland:, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 100 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash,: 800 Federal Building.
















,. EXECUTIVE ORDER
.Cons or Famn COMPETITION FO)R THEIR ALLr-bETAL INSECT SCREEN


ABn application having been duly made, pursuant to and in full
Fcompliance with the provisions of title I of the National Industrial
Recovery Act, approved June 10, 1933, for my approval of a Code
.of Fiair Competfitzon for the All-Metal Insect Screen Industry, and
,hearings having been held thereeon and, the. Administrator having
rendered his report containing an analysis of the said code of fair
.competition together with his recommendations and findings with re-
spect ~thereto, and the Administrator having found that the said code
.oi fair competition complies in all respects with the pertinent pro-
vasions of title I of said act and that the requirements of clauses (1)
and,.(2)i of anbsection .(a) of, section. 3 of the said-act have been met:
i NO~W THEREFOR1E, I, Franklin D. Roosevelt, President of the
U'~fnited States, pursuant to the authority vested in me by title I of the
.Nast~i~onal Industrial Recovery Act, approved June 16, 1983, and other-
wi~se, do approve the report and recommendations and adopt the
.imdings of the Administrator and do order that the said code of
fair competition be and it is hereby approved.
FiRANK~LIN D. ROOSEVELT.
Tax Warra Hou~sE,
Novemnber 14, 193.
Approval recommended:
Huana S. Jonason,
Admintistrator.






21126 -244-8-----8











NOVEMBER 4, lt .
The PassmrrT,
Thle WVhite House.
Sm: This is a report on the Code of F~air Competition for the
All-Metal Insect Screen Industry in the United taes, asrvised
after a hearing conducted in W~ashing~ton on October SS 988, in
accordance with the provisions of the NJationial Industrial Recovery
Act.
PROVISIONS OF THIS COD)E AS TO) WAGEs AND HODESI

This code provides a maximum of forty hours in one week nd
eight hours in one day or forty-eight hours in any one w kiver;r-
aged over a four-week period. Overtime shll be paid ,as dbid ji
one half times the normal rate. ..r~
Oflice, accounting, or clerical workers may work in exoea of theb
above during any month's period but are limited to forty-e~i~ight~ lid
in any one week.
Professional and supervisory employees receiving more than lth- -
ty-five dollars a week are exempt from the above mscle ofib; hou ;
Emergency maintenance employees shall be paid one and ond balf
times their normal rate for overtune. :
Installation employes in projects other than those' cov~eid b'y
the Construction Indstryr, shall be paid not less than sixty altate
an hour. t ] !
Employers shall arrange work to provide the mazilirum pheo-
ticable continuity of employment. -
Employers shall not increase requirements of employees' pIrodlio-
tion to defeat purpose of this code. i i
Employees shall receive not less than sixteen dollars for a weekr
of forty hours except that accounting, clerical, and oflce ex~playes
shall receive fifteen dollars for a week of forty hours .except that i
office boys or girls under eighteen, not to exceed one for eachsten
offce employees, shall receive not less than eighty percent 'f the
above rates.
A minimum rate is established regardless of whether an employee
is compensated on a time rate, piecework, or other basis.
To the extent practicable wage rates for occupations other than
those receiving the minimum shall be equitably adjusted.
Males and females shall receive the same pay for the same work.
Persons under 16 years shall not be employed in the industry,
nor shall any person under 18 be employed in hazardous occupations.
With permission of State Authority, persons physically or mentally
handicapped may be employed below the mirulmum wage provided.
ECONOMICO EFFECTS OF THE CODE
The Research and Planning Division estimates employment in-
creases of twenty-five percent and wage increases of twenty percent
as a result of the code.









~i;;lr: I:.s products to the public.
!'i~~~!,;ii~~.1~ubstantial increases in production in this Industry are contingent
u,pon new construction which will result in proportionate increases
m;' ~D employment.
PI~NDINGQB

'8: 'The Admt~inistrator finds that:
(a) The Code as recommended complies in all respects with the
pertinent provisions of Title I of the Act, including, without limita-
tion, subsection (a) of Section 7 and subsection (b) of Section 10
th!t ::'fereof ; and that
(b) The applicant group imposes no inequitatble restrictions on
admission to mebrhptherein and is truly representative of the
All-Metal Insect Screen Idsr; and that
(c) The Code as recommended is not designed to promote monop-
d lies or to eliminate or oppress small enterprises and will not operate
to discriminate against them and will tend to effectuate the policy
of Title I of the National Industrial Recovery Act.
It is recommended, therefore, that this Code be approved.
SRespectfully,
HUGII S. JoHNson,
Administrator.






















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CODE OF FAIR COMPETITION FOR THE ALL-1WETAL
INSECT 80REEN .INDUSTRY
Bi AnrrICE I-PURPOBE

w:s To effectuate the policies of Title I of the National Industrial
Reovtery Act, the following provisions are submitted as a Code of
F'air Competition for the All-Metal Insect Screen Industry and upon
approval by the President shaHl be the standard of Fair Competition
for this Industry.
ii': AnzaxIE II--Darxrrrows

1. The term all-metal insect screen industry as used herein is
defined to mean the business of manufacturing, selling and install-
ingr by the manufacturer of all-metal insect screens except the ad-
:justable type stock all-metal insect screens.
2:. The term "L employee as used herein includes anyone engaged
in the industry in any aact receiving compensation for his serv-
ices, irrespective of the mehdof payment of his compensation.
3. The term "L employer as used herein includes anyone for whose
benefit such an employee is so engaged.
4. The term member of the Industry includes any employer
-wpho shiall be subject to this Code.
5;. The term "ABdministrator means the Administrator of Title I
ofthe National Industrial Recovery Act.
01 The term "L President as used herein shall mean the President
of the United States or such officers, agents, and employees as he
may designate or appoint to aid or carry out his functions under
Title I of the National Industrial Recovery Act.


ArrCLE II'L-HOURs

1. No employee shall be permitted to work in excess of forty (40)
hours in any one (1) week or eight (8) hours in any twenty-four
(84) hour period or forty-eight (48) hours in any one (1) week
arverise over a four (4) weeks' period, except that:
(a) Emnploygees engaged in oi~ee, accounting, and/or clerical work
mag b employed in excess of the above during any one (1) month's
pered, when such employees may be employed not more than forty-
eighit 48) hours during any one (1) week.
(b) The maximum hours fixed herein shall not apply to employees
engaged in professional, executive, administrative, or supervisory
WorkF3, who receive thirty-five (35) dollars or more per week.
(e)- The maximum hours fixed herein shall not apply to employees
on emergency maintenance or emergency repair work, involving:
brrea~kdoswns or protection of life or property, but in any such special~


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case at least one and one half (1%~) times the normal rate shall be
paid for hours worked in excess of the eight (8) hours in any one
twenty-four (24) liour period herein provided.
(d) The rate for installation in projects other than those covered
by the Construction Industry, shall be not less than sixty (60C) cents
per hour. y
2. Nothing herein contaiined shall be construed to apply to -em-
ployees whose rates of wages or hours of labor are estaibheshed for
specificprojects by competent gvernmental authority, Federal, IState,
or Political subdivision thereof in accordance with law, where. suich
hours are shorter.
3. No employer shall egg any_ employee for any timlei wkbjb,
when totaled with that ledyperformed for another employers. et'
employers, exceeds the maximum permitted herein.
4. Employers who personally perform manual work or -are n-i
gaged in mechanical operations shall not work in excess of the pre-
scribed maximum number of hours.
5. An employer shall so administer work in his charge as to
provide a maximuzm practicable continuity of employmaent.'fo his
personnel. .-
6. No increases in the amount of production work shall be reqired
of employees for the purpose of avoiding the provisions.of ~thiic Op~de
in respect to wages and hours of employment. All such new r~qquar
ments shall be reported to the Code Authority.


1. No employee shall be paid at less than the rate of sixteep (iO
dollars per week of forty (40) hours or forty (403) cents per b ,
except that: .e.
(a) Accounting, clerical, or office employees shall be paid ndeepg
than fifteen (15) dollars per week of forty (40) hours, xc n thet
o~ice boys and/or girls under eighteen (18) years of age sls. b~e
paid not less than eighty 80 percent of the said rate. Sc eo
boys and/or girls shall be lited to one (1) for each ten (10) -~a~
employees employed by an 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. An equitable adjustment shall be made in the wages of all em-
ployees now receiving more than the minimum wage as p~Pi'lSn~
an this Code. Provided, however, that these rates ~shll be 9subrar
to readjustments by the Administrator if the adjustments made by
an employer are not suitable in obtaining uniformity for this in,-
dustry. Within 30 days after the effective date each employer-shalll
report to the Administrator through th~e Code Authority, all.suchi
readjustments made by him since June 16, 1933.
4. Female employees performing substantially the same work l.as
male employees shall receive the same ratesof pay as male employees
5. An employer shall mare! payment of all wages due in 1gu
currency or by negotiable check, therefore payable on avan~slld.
Wages shall be paid at regular periods. These wages shall be ~exe
empt from any pa ments for pensions, insurance, or sick bendit
other than those v luntarily paid by the wage earners.


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U.; Atq rr W4~illU;YE jr;r ITAL~3agut~ls'WHE1 accepts al reuaulo (1reckly ur
indiedlyon. such wages or give anything of va ue or extend favors
thbany~lp person ter thes purpose of infnencing rates of wages or the
e~inlagF iond~it~ions~ of :SIns employees.
.L A person whose earning capsexty is limited because of age or
by:; giltiEilOE-omental hanrdicap may be employed on light work at a
wl~alge:balows the minimanm established by this Code if the employer
6blitlsrins born the~:t~ State .Authority deszgnrated by the United States
lite 'ent of Ljabor a certificate authorizing his employment att
wnL~hrpFag~e~s itLand f~or such ~hours as shall be staEted in the certificate.
ath en dlphyoer shalleil with the Code Authority a list of all such
.eteobs~ emrployed byg h~imo.

AEHOLE 7-- RNERL LABO PBovISIOns

121tof~~ pTersnon under sixteen (16) years of age shall be employed ih
h~leidaus~tiry, nor anyone under eighteen (18) years of age at opera-
tionors.or occupations hazardous in nature or detrimental to health.
h# '@odejAuit~hority -hall submit to the Administrator before Janu-
ry 1, 1984,' a list of "such occupations. In any State an employer
shall be deemed to have compiled with this provision if he shall have
flenm a certifcat~e or pernmt duly issued by the authority in such
Mtath eizpowPered to issue employment or age cert-ificates or permits,
owtihg thatl the employee is of the required age.
I. ~Emnp~loyees shatll have the right to organize and bargain collee-
t~iitealj.throug~h representatives of their own choosing, and shall be
the j~from th~e interference, restraint, or coercion of employers of
ljabe or their agents, in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
;. collectie bargainingg or other mFutual aid or protection.
;'8. Ifo employee and no one seeking employment shall be required
-i ea condition of emnployment to join any company union or to refrain
fore joinvig, organizing, or assistmng sa lor orgammzation of his
own( choosing, and
-j- hni'3plobers 'shall comply with the maximum hours o~f labor,
Srtninmum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
I. ~Cithin each State ~this Code shall not supersede any laws of
%tiali State imposing more stringent requirements on employers regn-
]pting the age of employees, wages hours of work, or health, fire,
wr'ijhieneal co~nditions than under this Code.
'*. glEmployerss shall not recltassi'fy employees or duties of occupa
km performed by employees so as to defeat the purposes of the APct.
"'. Eac~h employer shall post in conspicuous places full copies of
'irhis Goide.
8. Every employer shall provide for the health and safety of
h~ist workmen. He sh~all; comply with all National, State, and local
98icsian~~ces and provisions of safety and health, and to protect his
ip~loyees by Workrmen's Compensation Insurance, according to the
amounts required in the State of jurisdiction or the United States
~nl~uoyees' Compensation Insurance, if that State has not estab-
~ltishRt abinptmsation scheme for this industry. A safety and health
Mi~8tannar~tin'to; besubi~nitted by the Code Authority to the Adminisi-
tra~tor withf..in six (O}onths aktrer the effective date of this Code.


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Aarrox~ VI-ADMM~INsrMEIO


1. To further effectuate the policies of the ALct, a Code ;Authoarity~
is hereby constituted to cooperate with the Administrator ~in thbe
administration of this Code.
(a) The Code Authority shall consist of five members at the
industry, four members of which shall be elected from the Imenm ber-~
ship of the National Screen Institute, and one member of which sajrll
be elected by members of the industry who are not members of the~
Institute, if any. The Administrator in his discretion may a~p int
not more than three additional nonvoting members of the Coe
Authority as his representatives, without expense to the Industry.
(b) 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 provide such hearings
as he may deem proper; and thereafter if he shall find that thle
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 or selection of the Cocle
Authority.
2. Each trade or industrial association directly or indirectly
participat~'ingin the selection or activities of the Code Authority
shall: T(a) Ipose no inequitable restrictions on membership, andl
(b) submit to the Administrator true copies of its articles of rassocia-
tion, bylaws, regulations, and any amendments when made thereto,
together with such other information as to membership, organizations,
and activities as the Administrator may deem necessary to efiectua'te
the purposes of the Act.
3. The Code Authority shall have the following duties and powers
to the extent permitted by the Act, subject to the right of the Ad-
ministrator on review to disapprove or modify any action taken by
the Code Authority:
(a) The Code Authority may adopt such rules and take such ac-
tion and conduct such investigations as may be necessary in accord-
ance with law to elfectuate tlus Code and to that end may establish
subcommittees and subordinate, occupational, state, regional, or local
administrative committees and prescribe such duties, rules, and regn-
lations as it deems necessary to carry out the purposes of this Code
and the National Industrial Recovery Act.
(b) The Code Authority or their delegated representatives shall
have power from time to time to require each member of the Indus-
try to furnish to the Code Authority such information and reports
concerning purchases, hours of labor, rates of pay, and such other
statistical information as may be necessary or proper to support
the provisions of this Code.
4. The Administrator may cancel or modify any order, regula-
tion, or other action of the Code Authority in order to e~Fectuate the
purposes of the Act and the provisions of this Code, either on his
own initiative or on appeal.
5. In addition to the information required to be submitted.teithe
Code Authority, there shall be furnished to government ageancies
such statistical information as the Administrator may deem neces-
sary for the purposes recited in Section 8 (a) of the Act.


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vt Anyinember.of the In~dusitr is eligible for membership in the
oider and there shall be no mnequitable restrictions on such mem-

'' -Membr d .of the industry shall- be entitled to participate in and
sharre ~the rbaenefis af th ctiviitie of the Code Authority and to
~Paricipaste in the selection of the membe~rs. thereof by assenting to
andj 'olapljng~i~g it the requirements of this Code and sustaining
8thmeire~casonabe share of the expenses of its administration. The
e;.~asonable s~harFe~ of:the expenses of administration shall be deter-
mined by t~e iCode AuthI~orrty, subject to review by the Administra-
tor,,an (he basis o~f volume lof business and/or such other factors as5
ra:be-.deemsed equitable to be taken into consideration.
KAThe. Code Aunthority ~shall cooperate with the Administration
in regulating the:nxse of the N.R.A. Code Insignia solely to those
sinf~o~yers wh ihaie agreed to, and are com~plymyg with, this code.
: !db Thei Code Authority shall have the power to initiate, consider,
and: make recormmendatsons~ for the modification or amendment to
this Code.
ArracLE VIZ--TRAHE PRACTICES

The id-~ollowing practices constitute unfair methods of competition
tr: m'embYers of the industry and are prohibited:
1i''. False M1a rkingg or B~rudinRg.- Theh false marking or branding
of any product of the industry which has the tendency to mislead
of dceive customers or -prospective customers, whether as to the
~adeiqu'ality, substance, character, nature, origin, size, finish, or
]kepea~tio n ofany Product of the industry, or other wise.
;B. .Mtis)epresenatatson or False or Misleadi~ng Ad-vertising.--The
leairsrng or causmng or knowingly permitting to be made or published
any fal~s4 nistenrally inaccurate, or deceptive statement by way of
advertisement or otherwise, whether concerning the grade, quality,
'quantiity9 substance, charatcter, nature, origin, onze, nimsh, or prepa-
ra~ti~on o~ any product of the industry, or the credit terms, values,
pbiiesl, or services of any member of the industry, or otherwise,
having the tendency or capacity to mislead or deceive customers or
easpecKtiv~e customers.
f!3.. Commrrzcia~l Bribery.--Directly or indirectly to give or permit to
he given, or offer to give, money or anything of value to agents,
emnployees or representatives of customers or prospective customers,
ait@td~ agents, employees, ot* representatives of competitors' customers
or irodpedtive customers, without the knowledge of their employers
or-pzrinci~pals, as-an inducement to influence then employers or prin-
cipals to purchase or contract to purchase from the makers of such
g~ift or offer, oar to influence such employers or principals to refrain
froam dealing or contracting to deal with competitors.
''14. Int~erfeene withz~ lostra~ctual Relatio ns.--Malici ously in during
6# h~ttemptinig to induce the breach of an existing Oral or written con-
tiket" betwieen a com~pertitor and his customer or source of supply, or
itrererin~ .with or obstructing the performance of any- such con-
'tra~ctua~l duies or services.
19.;B;&eretccc~(C~ W2ebates.--The seeiiret payment or allowances of rebates,
kznidyn';l commissions, credits, or unearned discounts, whether in the
' bjij~ a4 none- or otherwise, or the secret extension to certain pur~-


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chasers of special services or Privileges not extended to all~
chasers on like terms and conditions. ,
6. Givng of Pries, Premi~ums, or Gifts.--The ofering: or gJeiving
of prizes, premiums, or gifts in connection with the 8saleof padddicts
or as an inducement thereto, by any scheme which involves lott~er
misrepresentation, or fraud.
7. D~efrmatlion.--The defamation of com etitors by falsely knput,
ing to them dishonorable conduct, inabilrt to perform cont~ract,
questionable credit standing, or by other fals repraeentations or bhy
the false disparag~ement of the grade or qIuaity of their nd o
8. hretsof Litigation.Th pubhshingorcearngo
threats or suits for infringement of patents or trade marksor ofany
other legal proceedings not in good faith, with the tendency or e8~ct
of harassing competitors or intunidating their customers.
9. Epionge f C~ompetitore.--Securmg confidential information
concerning thn~Ie business of a competitor by9 a false or misleading
statement or representation, by a false impersonation of one in
authority, by bribery, or by any other unfair method.
10. Bid Pedrdling. -The Practice commonly known as "1 bid ped-
dling or bid shopping' are recognized aes unfair and are pro-
hibited. Bid peddling in elfec means the offering by the bidder prior
to the making of an award of a substitute bid at a price lower than
the one origmally quoted without a commensurate decrease in the
requirements of the Job.
11. Independent quotatlions.--Where any member of the Isndutlry
quotes on other products in conjunction with all-metal screens, fail-
ing to include as a part of his quotation the following statenment-:
"r The prices made on the various products in this quotation are madie
independent of each other and we/I wEl accept a contract for insect
screens herein quoted irrespective of whether we/I receive a contract
for any other commodity quoted or not."
12. Submitting Bide.- (a) Suibmitting either directly or indirectl
more than one bid or quotation on any specified .project, or revasung
such bid or quotation except in the event of a material change in the
the plans and specifications of such project.
(b) Where products outside of the industry form part of any
specifications, failing to make separate quotations for products of
the industry.
13. Selling below cost, except to meet the actual competition of
the lower cost of another member of the'industry. Cost, for the
purpose of this paragraph, shall be determined in accordance with,
a standard system of cost accounting established by the Code
Authority and approved by the Admimistrator.
14. Failing to comply with the following provisions for pbice+-
dtion of prices.-(~a) jEach member of the Industry shall within ten
(10) days after the effective date of this Code publish a complete list
of his standard items showing all prices, terms, and discounts to the
different classes of trade and copies of this price list and/or discount
sheets published in accordance with this paragraph shall be filed wpith
the Code Authorityv. The Code Authority shall immedia~tely need -
copies thereof to all other members of the Industry. Bevisedprice
lists and/or discount sheets may be filed any time thereafter withi the
Code Authority by any such member, to become elfective on the d~ate











apR~Z~~ atr excame gta ve apelinea .snerem anan~ no unmesalteiy sons
" ,- l~el ninunbers of the -iindus~try who ther~eupon may le, .if they so
,~be~Frai vi~sl ions ob the~ir:Ow n .pubi~shed~rpace-.lists and/or. discount
~i~s m sSledo mneet said revised, prie ~Lists. The said re~visions
sh~all 'become effective upon the date when the said revised price lists
and/o discount sheet;refie filed eball go intvo-ageet.
(a) No member of the industry shall sell directly or indirectly by
r;;. QpJ3Lanyans;Pe iahatsoev any product of~n~c the ind~ustryn at a price lower,
"than those provided in his published price lists and discount sheets.
15i. Other Ulnfair Practices.-Thie following are also prohibited.
Enticement of competitor's employees.
Deliveries not conforming to sample or order.
i etrlished _by_ the industry and approved by the President.
(d) Wilfully misrepresenting market conditions in order to
influence sale.
(e)_ Substitution of merchandise inferior to that called for in the
specifications.
(f) Omitting parts called for in specifications.
16. Nothing m this Code shall limit the elect of any adjudication
by he outs r oldngby the Federal Trade Commission on com-
plith fnding and order, that any_ practice or method is unfair
provdingthat such atdjudication or holding is not inconsistent with
any provision of the Act or of this Code.
AnaIcra VIII-GaENERAtL

1. No provision in this Code shall be interpreted in such a way as
to permit conduct or operations tending to promote monopolies or to
eliminate or oppress small enterprises, or to discriminate against
them.
2. This Code and all the provisions thereof are exp~ressly made
subject to the right of the President, in accordance with hepro-
visions of Section 10 (b) of the National Industrial Recovery Act,
from time to time to cancel or modify any order, approval, hecense,
rule, or limitation 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 "i approval thereof.
3. Such of the provisions of this Code as are not required to be
included therein by the National Industrial Recovery Act may, with
the approval of the President, be modified or eliminated as changes
in the circumstances or experience may indicate. It is contemplated
that from time to time supplementary provisions to this Code or ad-
";"I' ditionatl Codes will be submitted for the approval of the President to
prevent unfair competition in prices and other unfair and destructive
Competitive practices and to effectuate the other purposes and policies
of Title I of the NTational I~nduistrial Recovery Act consistent with
the provisions thereof.











..*


8

~Annum~ IX~.-Pares IxaE1ErASEB *

Whereas the policy of the Act to increase real Purhasin pwe
will be made impossible of consummation if prxces of gosAd
services increase as rapidly as wages, it is recognized that pri'wid-
creases except such as may be required to meet individual cost shout&
be delayed. But when made such increases should, so far as poaibly~~
be limited to actual additional increases in the seller's costs.

AnnaTm~~ X---EFFECHVE DarE

This Code shall become effective on the second Monday after ~its
approval by the President.





















































































































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Full Text

PAGE 1

Approved Code No. 112 Registry No. 1153-1-01 NATIONAL RECOVERY ADMINISTRATION CODE OF FAIR COMPETITION FOR THE ALL METAL INSECT SCREEN INDUSTRY AS APPROVED ON NOVEMBER 14, 1933 BY PRESIDENT ROOSEVELT 'WE DO OUR PART 1. Executive Order , ---~::-::"':'""".=::-;;~ ~Leller,f Transmittal . ---o -l t • • .. -• L_,;:::'S::,.. D:.:,E:_P091.:.;::._T_Off'l ......... w...lf'l!IB"STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 I I l / For sale by the Superintendent of Documents, Washington, D.C. -Price 5 centa

PAGE 2

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. Charleston, S.C. : Chamber of Oommerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. CleYeland, Ohio: Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 2213 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, Mo. : 1028 Baltimore A venue. Los Angele s , Calif.: 1163 South Broadway. Louisv ille , Ky.: 408 Federal Building. Memphis , Tenn. : 229 Federal Building. Minneapoli s , Minn. : 213 Federal Building. N e w Orleans, L a.: Room 225-A, Customhouse. N e w York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadel phia, Pa. : 933 Commercial Trust Building. Pit t sburgh, Pa. : Chamber of Commerce Building. Portland, Oreg. : 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, C a lif. : 310 Customhouse. Seattle, Wash.: 809 Federal Building. (II)

PAGE 3

EXECUTIVE ORDER ConE OF FAIR CoMPETITION FOR THE ALL-METAL INSEC T S cREEN 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, ap:proved June 16, 1933, for my approval of a Code of Fair Com:petition for the All-Metal Insect Screen Industry, and hearings having been held thereon and the Administrator having rendered his report containing an analysis of the said code of fair competition together with his recommendations and findings with re. spect thereto, and the Administrator having found that the said code of fair competition complies in all respects with the pertinent pro. visions of title I of said act and that the requirements of clauses (1) and (2) of subsection (a) of section 3 of the said act have been met: NOW, THEREFORE, I, Franklin D. Roosevelt, President of the United States, pursuant to the authority vested in me by title I of the National Industrial Recovery Act, approved June 16, 1933, and other• wise, do approve the report and recommendations and adopt the findings of the Administrator and do order that the said code of fair competition be and it is hereby approved. THE WHITE HousE, November 14, 1933. Approval recommended: HuGH S. JOHNSON, Admin-istrator. 21126 -244-3-33 FRANKLIN D. ROOSEVELT.

PAGE 4

NOVEMBER 4, 1933. The PRESIDENT, The White House. Srn: This is a report on the Code of Fair Competition for the AU-Metal Insect Screen Industry in the United States, as revised after a hearing conducted in Washington on October 26, 1933, in accordance with the provisions of the National Industrial Recovery Act. PROVISIONS OF THIS CODE AS TO WAGES AND HOURS This code provides a maximum of forty hours in one week and eight hours in one day or forty-eight hours in any one week averaged over a four-week period. Overtime shall be paid at one and one half times the normal rate. Office, accounting, or clerical workers may work in excess of the above during any month's period but are lim1wd to forty-eight hours in any one week. Professional and supervisory employees receiving more than thirty-five dollars a week are exempt from the above scale of hours. Emergency maintenance employees shall be paid one and one half times their normal rate for overtime. Installation employees, in projects other than those covered by the Construction Industry, shall be paid not less than sixty cents an hour. Employers shall arrange work to provide the maximum prac ticable continuity of employment. Employers shall not increase requirements of employees' produc tion to defeat purpose of this code. Employees shall receive not less than sixteen dollars for a week of forty hours except that accounting, clerical, and office employees shall receive fift een dollars for a week of forty hours except that office boys or girls under eighteen, not to exceed one for each ten office employees, shall receive not less than eighty percent of the above rates. A minimum rate is established regardless of whether an employee i s compensated on a time rate, piecework, or other basis. To the extent practicable wage rates for occupations other than tho e receiving the minimum shall be equitably adjusted. Males and females shall receive the same pay for the same work. Persons under 16 years shall not be employed in the industry, nor shall any person under 18 be employed in hazardous occupations. With permission of State Authority, persons physically or mentally handicapped may be employed below the minimum wage provided. ECO OMIC EFFECTS OF THE CODE The R earch and Planning Division estimates employment in crea ses of twenty-five percent and wage increases of twenty percent as a result of the code. (IV)

PAGE 5

V This Code's provisions are expected to be beneficial to the industry, but they will not cause a marked increase in the cost of this Industry's products to the public. Substantial increases in production in this Industry are contingent upon new construction which will result in proportionate increases in employment. FINDINGS The Administrator finds that : (a) The Code as recommended complies in all respects with the pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection ( b) of Section 10 thereof; and that (b) The applicant group imposes no inequitable restrictions on admission to membership therein and is truly representative of the All-Metal Insect Screen Industry; and that ( c) The Code as recommended is not designed to promote monop olies or to eliminate or oppress small enterprises and will not operate to discriminate against them and will tend to effectuate the policy of Title I of the National Industrial Recovery Act. ' It is recommended, therefore, that this Code be approved. Respectfully, HUGH s. JOHNSON, Administrator.

PAGE 7

CODE OF FAIR COMPETITION FOR THE ALL-METAL INSECT SCREEN INDUSTRY ARTICLE I-PURPOSE To effectuate the policies of Title I o:f the National Industrial Recovery Act, the :following provisions are submitted as a Code of Fair Competition :for the All-Metal Insect Screen Industry and upon approval by the President shall be the standard of Fair Competition for this Industry. ARTICLE II-DEFINITIONS 1. The term" all-metal insect screen industry" as used herein is defined to mean the business o:f manufacturing, selling and installing by the manufacturer o:f all-metal insect screens except the ad justable type stock all-metal insect screens. 2. The term " employee " as used herein includes anyone engaged in the industry in any capacity receiving compensation for his serv ices, irrespective of the method of payment of his compensation. 3. The term" employer" as used herein includes anyone for whose benefit such an employee is so engaged. 4. The term " member of the industry " includes any employer who shall be subject to this Code. 5. The term "Administrator " means the Administrator of Title I of the National Industrial Recovery Act. 6. The term " President " as used herein shall mean the President of the United States or such officers, agents, and employees as he may designate or appoint to aid or carry out his functions under Title I of the National Industrial Recovery Act. ARTICLE III-HoURs 1. No employee shall be permitted to work in excess of forty (40) hours in any one (1) week or eight (8) hours in any twenty-four (24) hour period or forty-eight (48) hours in any one (1) week averaged over a four ( 4) weeks' period, except that: (a) Employees engaged in office, accounting, and/ or cl e rical w ork may be employ13d in excess of the above during any one (1) month's period7 when such employees may be employed not more than forty eight 48) hours during any one (1) week. (b) The maximum hours fixed herein shall not apply to employees engaged in professional, executive, administrative, or supervisory work, who receive thirty-five (35) dollars or more per wee k. ( c) The maximum hours fixed herein shall not apply to employees on emergency maintenance or emergency repair work, involving breakdowns or protection of life or property, but in any such special (1)

PAGE 8

2 case at lea s t n an 1 ne hal (1) time the normal rate shall be paid for h ur worked in x c. of th" ei&"ht (8) hour in any one t ent 1-four (-) h ur peri l herein provicted. (cl) The rate for installation in projects other than those covered by the Con truction Industry hall b not les than ixty (60) cents p r hour. 2 .... othinoherein ontaine l hall be construed to apply to employee who e rat f wages or hours of labor are established for pecifi project by competent governmental authority, Federal, State, or Political ubdivi ion ther of in accordance with law, where such hours are h01'ter. 3. No employer shall engage any employee for any time, which, when totale l with that already performed for another employer or employers, exceeds the maximum permitted herein. _ ' 4. Employers who personally perform manual work or are engaged in mechanical operations shall not work in excess of the pre scribed maximum number of hours. 5. An employer shall so administer work in his charge as to provide a maximum practicable continuity of employment for his personnel. 6. No increases in the amount of production work shall be required of employees for the purpose of avoiding the provisions of this Code in respect to wages and hours of employment. All such new require ments shall be reported to the Code Authority. ARTICLE IV-WAGES 1. No employee shall be paid at less than the rate of sixteen (16) dollars per week of forty ( 40) hours or forty ( 40) cents per hour, excel?t that: (a) Accounting, clerical, or office employees shall be paid not less than fifteen ( 15) dollars per week of forty ( 40) hours, except that office boys and/or girls under eighteen (18) years of age shall be paid not less than eighty (80) percent of the said rate. Such office boys and/or girls shall be limited to one (1) for each ten (10) office employees employed by an 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. An equitable adjustment shall be made in the wages of all em ployees now receiving more than the minimum wage as provided 1n this Code. Provided, however, that these rates shall be subject to readju tments by the Administrator if the adjustments made by an employer are not suitable in obtaining uniformity for this indu try. Within 30 days after the effectfre date each emplo er shall report to the Admini trator through the Code Authority, all such r adju tment made by hi.in since June 16 1933. 4. F male employees performin er substantially the same work as male employees shall receive the same rates of pay as male employees. 5. An employer shall make payment of all wages lue in lawful currency or by negotiable check, therefor payable on demand. Wages shall be paid at regular periods. The e wages shall be exempt from any payments for pen ion insurance, or sick benefits other than those voluntarily paid by the age earners.

PAGE 9

8 6. No employer or his agent shall accept any rebate directly or indirectly on such wages or give anything of value or extend favors to any person for the purpose of influencing rates of wages or the working conditions of his employees. 7. A person whose earning capacity is limited because of age or physical or mental handicap may be employed on light work at a wage below the minimum established by this Code if the employer obtains from the State Authority designated by the United States Department of Labor a certificate authorizing his employment at such wages and for such hours as shall be stated in the certificate. Each employer shall file with the Code Authority a list of all such persons employed by him. ARTICLE V-GENERAL LABOR PROVISIONS 1. No person under sixteen (16) years of age shall be employed in the industry, nor anyone under eighteen (18) years of age at operations or occupations hazardous in nature or detrimental to health. The Code Authority shall submit to the Administrator before January 1 1934, a list of such 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 su h Stat.e empowered to issue employment or age certificates or permits, showing that the employee is of the required age. 2. 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. 3. 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 4. Employers shall comply with the maximum hours of labor, minimum rates of /ay, and other conditions of employment, approved or prescribe by the President. 5. Within each State this Code shall not supersede any laws of such State imposing more stringent requirements on employers regulating the age of employees, wages, hours of work, or health, fire, or general conditions than under this Code. 6. Employers shall not reclassify employees or duties of occupations performed by employees so as to defeat the purposes of the Act. 7. Each employer shall post in conspicuous places full copies of this Code. 8. Every employer shall provide for the health and safety of his workmen. He shall comply with all National, State and local ordinances and provisions of safety and health, and to protect his employees by Workmen's Compensation Insurance, according to the amounts required in the State of jurisdiction or the United States Employees' Compensation Insurance, if that State has not estab lished a compensation scheme for this industry. A safety and health manual is to be submitted by the Code Authority to the Administrator within six ( 6) months after the effective date of this Code.

PAGE 10

4 ARTICLE VI-ADMINISTRATION 1. To further effectuate the policies of the Act, a Code Authority is hereby constituted to cooperate with the Administrator in the administration of this Code. (a) The Code Authority shall consist of five members of the industry, four members of which shall be elected from the member ship of the ational Screen Institute, and one member of which shall be elected by members of the industry who are not members of the Institute, if any. The Administrator in his discretion may appoint not more than three additional nonvoting members of the Code Authority as his representatives, without expense to the Industry. (b) 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 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 or selection of the Code Authority. 2. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall: (a) Impose no inequitable restrictions on membership, and (b) submit to the Administrator true copies of its articles of associa tion, bylaws, 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. 3. The Code Authority shall have the following duties and powers to the extent permitted by the Act, subject to the right of the Administrator on review to disapprove or modify any action taken by the Code Authority: (a) The Code Authority may adopt such rules and take such ac tion and conduct such investigations as may be necessary in accord ance with law to effectuate tlus Code and to that end may establish subcommittees and subordinate, occupational, state, regional, or local administrative committees and prescribe such duties, rules.2 and regu lations as it deems necessary to carry out the purposes ot this Code and the National Industrial Recovery Act. (b) The Code Authority or their delegated representatives shall have power from time to time to require each member of the Industry to furnish to the Code Authority such information and reports concerning purchases, hours of labor, rates of pay, and such other statistical information as may be necessary or proper to support the provisions of this Code. 4. The Administrator may cancel or modify any order, regula tion, or other action of the Code Authority in order to effectuate the purposes of the Act and the provisions of this Code, either on his own initiative or on appeal. 5. In addition to the information required to be submitted to the Code Authority, there shall be furnished to government agencies s uch statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the Act.

PAGE 11

5 6. Any member of the Industry is eligible for membership in the Code and there shall be no inequitable restrictions on such membership. 7. Members of the industry shall be entitled to participate in and share the benefits of the activities of the Code Authority and to participate in the selection of the members thereof by assenting to and complying with the requirements of this Code and sustaining their reasonable share of the expenses of its administration. The reasonable share of the expenses of administration shall be determined by the Code Authority, subject to review by the Administrator, on the basis of volume of business and/or such other factors as may be deemed equitable to be taken into consideration. 8. The Code Authority shall cooperate with the Administration in regulating the use of the N.R.A. Code Insignia solely to those employers who have agreed to, and are complying with, this code. 9. The Code Authority shall have the power to initiate, consider, and make recommendations or the modification or amendment to this Code. ARTICLE VII-TRADE PRACTICES The following practices constitute unfair methods of competition for members of the industry and are prohibited : 1. False Marking or Branding.-The :false marking or branding of any _product of the industry which has the tendency to mislead or deceive customers or prospective customers, whether as to the grade, quality,., substance, character, nature, origin, size, finish, or preparation ot any product of the industry, or otherwise. 2. Misrepresentation or False or Misleading Advertising.-The making or causing or knowingly permitting to be made or published any false, materially inaccurate, or deceptive statement by way of advertisement or otherwise, whether concerning the grade, quality, quantity'!. substance, character, nature, origin, size, finish, or preparation ot any product of the industry, or the credit terms, values, policies, or services of any member of the industry, or otherwise, having the tendency or capacity to mislead or deceive customers or prospective customers. 3. Oommerdal Bribery.-Directly or indirectly to give or permit to be given, or offer to give, money or anything o:f value to agents, employees or representatives of customers or prospective customers, or to agents, employees, or representatives of competitors' customers or prospective customers, without the knowledge of their employers or principals, as an inducement to influence their employers or prin. cipals to purchase or contract to purchase from the makers of such gift or offer, or to influence such employers or principals to refrain from dealing or contracting to deal with competitors. 4. Interference with Oontractiwl Relations.-Maliciously inducing or attempting to induce the breach of an existing oral or written contract between a competitor and his customer or source of supply, or interfering with or obstructing the performance of any such contractual duties or services. 5. Secret Rebates.-The secret payment or allowances of rebates, refunds, commissions, credits, or unearned discounts, whether in the form of money or otherwise, or the secret extension to cer~ain pur-

PAGE 12

6 cha er of p cial service or pri il ges not extended to all purcha rs on like terms and conditions. 6. Giving of Prizes, Premiunis, or Gifts.-The offering or giving of prizes, premiums or gifts in connection with the sale of products, or a an inducement thereto, by any scheme which involves lottery, mi rcpre entation or fraud. 7. Defamation.-The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, que tionable credit standing, or by other false representations or by the fal e di paragement of the grade or quality of their goods. 8. Tkre at of Litigation.-The publishing or circularizing of threa s or nits for infringement of patents or trade marks or of any other legal proceedings not in good faith, with the tendency or effect of hara sing competitors or intunidating their customers. 9. Espionage of Oompetitors.-Securing 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. 10. Bid Peddling.-The practice commonly known as "bid peddling " or " bid shopping" are recognized as unfair and are pro hibited. Bid peddling in effect means the offering by the bidder prior to the making of an award of a substitute bid at a price lower than the one originally quoted without a commensurate decrease in the requirements of the JOb. 11. Independent Quotations.-Where any member of the Industry quotes on other products in conjunction with all-metal screens, failing to include as a part of his quotation the followin~ statement: " The prices made on the various products in this quotat10n are made jndependent of each other and we/I will accept a contract for insect screens herein quoted irrespective of whether we/I receive a contract for any other commodity quoted or not." 12. Submitting Bids.-(a) Submitting either directly or indirectly more than one bid or quotation on any specified project, or revising such bid or quotation except in the event of a material change in the the plans and specifications of such project. (b) 1Vhere products outside 0 the industry form part of any specifications, failing to make separate quotations for products of the industry. 13. Selling below cost, except to meet the actual competition of the lower cost of another member of the industry. Cost, for the purpose 0 this paragraph, shall be determined in accordance with a standard system of cost accounting established by the Code Authority and approYed by the Administrator. 14. Failing to comply with the following provisions for publica tion of p1ices.-(a) Each member of the Industry shall within ten (10) days after the effecfr,e date of this Code publish a complete li t 0 his standard items showing all prices, terms, and discounts to the different classes of trade and copies of this price list and/or discount sheet published in ac orclance with this paraaraph shall be filed with the Code Authority. The Code Authority shall immediately send copies thereof to all other members of the Indu try. Revi ed price lists and / or discount sheet may be filed any time thereafter with the Code Authority by any such member, to become effective on the date

PAGE 13

7 specified therein, but such revised price lists and/or discount sheets shall be filed with the Code Authority ten (10) days in advance of said effective date. (b) Copies of revised price lists and/or discount sheets with no tice of the effective date specified therein shall be immediately sent to all members of the industry who thereupon may file, if they so desire, revisions of their own published price lists and/or discount sheets in order to meet said revised price lists. The said revisions shall become effective upon the date when the said revised price lists and/or discount sheets first filed shall go into effect. (c) No member of the industry shall sell directly or indirectly by any means whatsoever any product of the industry at a price lower, or at a discount greater, or on more favorable terms of payment, than those provided in his published price lists and discount sheets. 15. Othe1 Unfair Praotices.-The following are also prohibited. la] Enticement of competitor's employees. b Deliveries not conforming to sample or order. c Deviation from standards of the finished product as may be established by the industry and approved by the President. ( d) Wilfully misrepresenting market conditions in order to influence sale. ( e) Substitution of merchandise inferior to that called for in the specifications. (f) Omitting parts called for in specifications. 16. Nothing 1n this Code shall limit the effect of any adjudication by the Courts or holding by the Federal Trade Commission on complaint finding, and order1 that any practice or method is unfair, providing that such adjudication or holding is not inconsistent with any provision of the Act or of this Code. ARTICLE VIII-GENERAL 1. No provision in this Code shall be interpreted in such a way as to permit conduct or operations tending to promote monopolies or to eliminate or oppress small enterprises, or to discriminate against them. 2. This Code and all the provisoons thereof are expressly made subject to the right of the President, in accordance with the provisions of Section 10 (b) of the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or limitation 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. 3. Such of the provisions of this Code as are not required to be included therein by the National Industrial Recovery Act may, with the approval of the President, be modified or eliminated as changes in the circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code or additional Codes will be submitted for the approval of the President to prevent unfair competition in prices and other unfair and destructive competitive practices and to effectuate the other purposes and policies of Title I of the National Industrial Recovery Act consistent with the provisions thereof.

PAGE 14

8 ARTICLE IX-PruCE INCREASES Whereas the policy of the Act to increase real purchasing power will be made impossible of consummation if prices of goods and services increase as rapidly as wagest it is recognized that price increases except such as may be required to meet individual cost 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 X-EFFECTIVE DATE This Code shall become effective on the second Monday after its approval by the President. 0

PAGE 16

UNIVERSITY OF FLORIDA II I II 111111 Ill I l l 1111111111 I I 111111 II 111111111 Ill \\Ill \ I I 11111 I I 3 1262 08582 9843