Citation
Code of fair competition for the ladder manufacturing industry as approved on November 8, 1933 by President Roosevelt

Material Information

Title:
Code of fair competition for the ladder manufacturing industry as approved on November 8, 1933 by President Roosevelt
Portion of title:
Ladder manufacturing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington
Publisher:
U.S. Govt. Print. Off.
Publication Date:
Language:
English
Physical Description:
v, 7 p. : ; 23 cm.

Subjects

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

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
Registry no. 304-11.

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:
004931168 ( ALEPH )
31960828 ( OCLC )

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Full Text


Registry No. 304--11


NATIONAL RECOVERY ADMINISTRATION



CODE OF FAIR COMPETITION
POR THE

LADDER MANUFACTURING

INDUSTRY


I 'I
For sale by the Superintendent of Documents. Washington, D.C,. Price 5 cents


AS APPROVED ON NOVEMBER 8, 1938
BT
PRESIDENT ROOSEVELT


~~~icuti Order
...--8,Transmittal
8. Code





UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON r 1938
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Wanshington, D.C., and by district offlees of the Bureau of Foreign
and Domestic Co~mmerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COM~MERCBE

Atlanta, Ga.: 504 Post Offle Building.
Birmingham, Ala.: 257 Federal Building.
Bostou, Miass. : 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1700, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Texr.: Chamber of Commerce Building.
Detroit, Mich.: 2213 First National Bank Building,
H~ouston, Tex.: Chamber of Commerce Building.
Indlanapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building,
K~ansas City, M~o.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
Mlinneaipolis, IMnn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Oustomhouse.
New Yorkr, N.Y.: 7341 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 933 Commerelal Trust Building.
Plttaburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offce Building.
St. Louis, Mo.: 506 Olive Street.
San FJralncisco, Calif.: 810 Custombouse.
Battle, Wash.: 800 Federal Building.
(II)


















EXECUTIVE ORDER


CODE OF FAIR COMIPETITION FOR THIE LADDER RIANUFA~CTURINGI
IN DUSTRY
An applict~ionn having been duly made, pursuant to and in full
compliance with the provisions of title I of the National Industrial
Recovery Act, approved June 16, 1933, for my applrovanl of a Code of
Fair Competition for the Ladder M~anufacturing Industry, and hear-
ings having been held thereon and the Administrator having ren-
dered his report containing an analysis of the said code of fair com-
petition together with his recommendations and findings wlith respe~ct
thereto, and the Administrator having found that the said code of
fair competition complies in all respects with the pertinent. provisions
of title I of said act and that the requirements of clauses (1) and (2)
of subsection (a) of section 3 of the said act have been met:
NOW THEREFORE, I, Franklin D. Roosevelt, Pre~sident of the
United States, pursuant to the authority vested in me by title 'I of the
Nattional 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.
FRANKLIN D. ROOSEVELT.
THE THITE HOUSE,
November 8, 1933.
Approval recommended :
Huan S. JoHNSON,
Administrator.
(II)


19900" -188--184 -8






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CODE OF ~-FAIR COMPETITION FOR THE LADDER
MANUFACTURING INDUSTRY
AnRTcLE I--PURPOSE

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are submitted as a Code of
Fair Com petition for the Ladder Mianufacturinsr Industry, and upon
approval by the President shall be the standard of fair competition
for this industry.
ARTICLE II-1)EFINITIONS

The term "' industry as used herein is defined to mean the busi-
ness of manufacturing and selling by such manufacturers, of Indders
and ladder products In the United States.
The term member of the industry includes anyone engaged in
the industry, either as an emnployer or on his owPn behalf.
The term member of the C~ode includes any member of the
industry who shall signify assent to this Code.
The term "' employee as used herein includes any person engaged
in any phase of the industry in ainy capacity in the nature of em-
ployee irrespective of the method of payment of his compensation.
'1'hre term employer as used herein includes anyone for whose
benefit such an employee is so engaged.
The term institute means t~he American Ladder Institute, a
corporation organized under the laws of the State of Ohio, wvith
its principal office at Cleveland, Ohio, the membership in which is
composed of manufacturers of ladders and ladder products.
The term ladder products means scaffolding, hangers, trestles,
and other similar items used in conjunction with ladders.
The term The National Industrial Recovery Act or The
Act means the National Industrial Recovery Act as approved by
the President June 16, 1933.
The term the President means the President of the United
States.
The term "'the Administrator as used herein means the Admin-
istrator appointed by the President under the Act and at the time
in office.
The term effective date as used herein means thle tenth day
after this Code shall have been approved by the President of the
United States.
The term "' Code Authority means the committee appointed to
administer this Code.




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Arrzoa~l III--HOUE8


(A) No employee shall be permitted to work in excess of 40)
hours mn any one week or 8 hours in any 24-hour period provided,
however, that in peak periods of not more than 8 weeks duringg any
six months, hours may not exceed 48 in any one week, or 6 days per
week. In such cases, one and one third times the regular rate of
pay shall be paid for hours worked in excess of 8 hours per day.
(B) The maximum hours fixed in the foregoing section shall not.
apply to employees on emergency maintenance and emergency repair
work, who shall be paid one and one third times the regular rate for
hours worked in excess of 8 hours prdy o hl tapyt
executives and supervisors receiving $30, pe ekor morei andl out
side salesmen when not employed on productive labor.
(C) No employee shall bje permitted to work more than six days
in any seven-day period..
(D)) No employee shall be classified in any one of the exempted
classes her~einabove defined unless he performs functions identical
with tnhos peromed by employees thus classified on June 16, 1938.
(E) ach embe ofthe industry shall elect the date at which
the six months' periods begin, and shall inunediately inform the Code
Authority as to the election made. If any member of the industry
doles not notify t~he Code Authority within ten days of the effective
late of this Code, then, in that event, the first six months' period for
such members of the industry shall begin on the effective date of this
Code.
(F) No employee shall worki or be permitted to workr for a total
number of hours mn excess of t~he number of hours prescribed for each
week and day, whether employed by one or more employers.

ARTICLE IV-WAGIES

(A) No employee, except as hereinafter provided, shall be paid at
less than the rate of 35 cents per hour.
()Office employees shall be paid not less than $15.00 per week.
()Equitable adjustment in all pay schedules of factory e~m-
ployees above the minimum shall be made not later than 30 days from
the effective date boy any employers wrho have not theretofore made
such adjustments, and he first monthly reports of wages required
to be filed with the Administrator under this Code shall contain all
waeincreases made since M1ay 1, 1933.
() This article establishes minimum rates of pay, regardless of
whether the employee is compensated on the basis of a time rate, piece
rate, or otherwise.

AnnoLP V--GENERAL LAnon PnovBIsoNs

(A) No person under 16 years of age shall be employed in this
industry, nor anyone under 18 years of age at operations or occupa-
tions hazardous In nature or detrimental to health.
(B) Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing, and shall be
free from the interference, restraint, or coercion of employers of





8L


labor, or their agents, in the designation of such representatives, or
in self-organizatzon, or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(C) No employee and no one seeking employment shall be required
as a condition of such employment to loin any company union or to
refrain from joining, organlzing, or assisting a labor organization
of h~is own choosing.
~(D) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
(E) Wlithin each State this Code shall not supersede any' laws of
such State imposing more stringent requirements on employers regu-
lating the age of aempoyees, wages, hours of work, or health, fire or
general working conditions than under this Code.
(F) Each employer shall post in a conspicuous place in each shop
andl offce a copy of the labor and administrative provisions of this
Code.
Antrozz VI -ADMINISTRATION

To further effectuate the policies of the Act, a Code Authority is
hereby set up to cooperate with the Administrator in the administrat-
tion of the Code.
A. OROANIZATION ALND POWERS

(1) The Board of Trustees of the American Ladder Institute
together with such representatives as the President or Administrator
maydesgnae prsunt o pragr~aph (3) of this Section A is hereby
m designated as sucht Cod unthority ; provided, that no inequitable
restrictions upon membership in the American Lavdider Institute shall
at any time be imposed.
(2) With a view to keeping the Administrator informed as to
the observance or nonobservance of this Code and as to whether ap-
propriate steps are being taken to effectuate the purposes of the
Act, each member of the Industry shall furnish certified reports to
designated independent agents of the Code Authority when and in
such form as it shall, subject to the approval of the Admi~inist~rator
prescribe. If the Code Authority should have reason to believe thaC
any of the reports submitted are inaccurate, such reports may be
verified by examination of the relevant books and records of t~he
member of the Industry who has submitted such reports, by a dis-
interested and impartial agency designated by the Code Authority,
with the approval of the Administrator. Such agency must agree
to keep all inforrilation regarding individual manufacturers strictly
confidential, except that any violation of this Code shall be reported
in detail to the Code Authority and to the Administrator.
(3) The President or the Administrator may designate from one
to three representatives who shall thereupon become members of the
Code Authority with all the powers of members of such Code Au-
thority with the exception of the power to vote, and such repre-
sentative or representatives shall have access to all data and sta-
tistics collected by the Code Authority, and hereinbefore provided.
Such representatives shall serve without expense to the Industry,








and together with the Administrator shall be given notice of and
mav sit at all meetings of the Code Authority.
4) In addition to information required to be submitted under this
Co e, there shall be furnished to Government agencies such statistical
information as the Administrator may deem necessary for the pur-
poses recited in Section 8 (a) of the Act.
(5) Where the coists of executing contracts entered into in the
industry prior to the approval of this Code by the President are
increased by the application of the provisions thereof, it is equitable
and promotive of the purposes of the Act that appropraeajsmn
of such contracts to reflect such increased costs beae arrived at byusmn
arbitration or otherwiset and the Code Authority is constituted as an
agency to assist in effecting such adjustmentsl.
B. PARTICIPATION
Each member of "the Code shall be entitled to participate in the
code activities of the Code Authority to the same extent as a member
of the American Ladder Institute. -Each member of the Code shall
contribute his proportionate share toward the cost of preparation and
administration of the Code, including the cost of the assembly and
analysis of such reports and data as may be required under the Code
and the cost of maintenance of the administrative agency and its
activitiese, either by becoming a member of the American Ladder
Institute or by paymg to the Institute amounts equal to such portion
of the dlues from time to time required of members of the Institute
in like situation as is used to defray the expense of administration
of the Code.
O. OLASSIFICATION OF CUS'193ERS

In order to provide for the orderly: distribution of ladders and
ladder products, the trade shall be divided into the following classi-
fications, based upon differences in cost and services rendered. The
customers falingithin each classification shall receive such trade
discounts from ltprices as shall be independently filed with the
Code Authority by the individual members of the industry.
(1) Consu~mer.-A8 consumer shall be defined as a buyer of ladders
or ladder products substantially all of which are purchased for his
own use and not for resale.
(2) Retatiler.--A retailer shall be defined as a buyer of ladders or
ladder products who buys to resell and whose business is designed for
and built upon the selling of goods to consumers.
The following classes of retailers may be distinguished from regu-
ai-re osslar retailers for the purpose of establishing prices and/or discounts:
Mailordr huse, cainstoesdepartment stores, cooperative as-
sociation of dealers and mill supply dealers.
(8) Jobber.--A jobber shall be defined as a buyer of ladders or
ladder products who buys to sell to retailers, and who carries a repre-
sentative stock of ladders, and whose salesmen operate in the ter-
ritory served by such jobber for the purpose of selling to retailers.
(4) On the basis of the foregoing definitions, the Code Authority
may prepare a list of jobbers for distribution to all known members
of the industry. Each member of the industry shall thereupon sub-









mit to the Code Authority for inclusion on such list the names of
customers whom he believes qualify as jobbers. The Code Au~thority
shall add to the list those names submitted which it finds qualified as
jobbers under paragraph (8) of this section C. Such final list of
Jobbrs hal bea pimafacie accurate and complete. list of such
persons as conform t h eiiino obri adprgah()
Buch list of jobbers shall be kept current by the Code Authority;
and each member of the industry shall continue to report the names
of any new customers whom he believes qualify as jobbers.
(5I) In the event that a question arises regarding the proper classi-
fleation of any customer or prospective customer, the decision of
the Code Authority, subject to review by the Administrator, shall
be prima facie correct.
(6) If the foregoing classifications of customers, or any applica-
tion thereof, should bear unjustly upon any individual customer or
member of the industry, such customer or member of the industry
may appeal to the Code Authority, subject to review by the Admin-
istrator, or direct to the Administrator which, after investigation,
may provide for such exemption or modification as justice and con-
vemlence may require. In the interim between such appeal and the
ruigof the Code Authority or Administrator, the classification
in eectat the time of such appeal shall continue in effect.
D. COBT AND PRICE-LI;sT PROHIBITIONS

No member of this industry shall sell or exchange any ladders or
ladder products at a price or upon such terms and conditions as will
result in the customer paying for such goods less than t~he delivered
cost to the seller as determined by a uniform cost accounting system
to be set up by the Code Authority, subject to the approval of the
Administrator, except as hereinafter provided.
The Code Authority shall promptly cause to be developed and
submitted to the Admmnistrator a uniform system of cost accounting
designed to make possible the accurate determination by each mem-
ber of the industry of his own individual cost.
Upon approval by the Administrator of such system of cost so-
counting, complete advice concerning it shall be distributed by the
Code Authority to all members of the industryg. Thereafter no me~m-
ber of the industry shall sell or exchange any ladders or ladder
products at a price below his own individual cost, except--
to meet a lower price previously quoted or posted by a competi-
tor. If such member, believing that such competitor is selling
in violation of the Section, has complained to the C'ode Au-
thority or to a properly authorized agency thereof, such mem-
ber may meet the price of such competitor as aforesaid, only
pending action upon such complaint.
In the interim between the effective date and the date the Code
Authority directs that the uniform cost-accounting system be placed
in use, no member of the industry shall sell his ladders or laddcer
products at a price less than his individual cost as determined by
such cost system or method of determination of costs as is being used
by him at the time the Code becomes effective, except as hereinbefore
provided.








Since it has been the general recognized practice of.iahe industry
to sell products on the basis of printed price lists with discount sheets
distributed to the trade, each member of the industry shall, within
ten days of the effective date of this Code, file with the Code Au-
thority price lists and discount sheets, showing his current prices .
and discounts to the various classes of customers as Ihereinbefore de-
fined. Revised price lists and discount sheets may be fied from time
to time thereafter with the Code Authority by any member of the
industry, to become effective upon a date specified by such member
of the industry, which date shall not be less than ten days after the
filing of such revised prices at the office of the Code Authority,
Copies of such revised prices, with notice of the effective date, shall
be immediately sent to all known members of the industrywho may
file, if they so desire, revisions of their price lists ando discount
sheets, which, if filed not less than five days previous to such effective
date, shall take effect upon the date when the revised price list or
discount sheet first filed shall go into effect.
No member of the industry shall sell or exchange any ladders or
laddr poducts at prices lower or discounts greater or on more
favoeraE~I*"'ble terms than the schedules of such member on file at the
office of the Code Authority as hereinbeford' provided.
The operation of the foregoing provisions shall at all times be
subject to the approval of the Administrator.
E. TRADE PRACTICES

The following shall be considered as unfair methods of competi-
tion in this industry:
(1) The defamation of competitors by imputing to them dishon-
oral conduct, inability to perform contracts, questionable credit
stan'ding2), or other misrepresentations.
(2) ntiing waytheemployees of competitors with the purpose
and effect of hampering, inJurmg, or embarrassing competitors in
their business. However, nothing herein contained shall prevent em-
plyes from seeking employment with other concerns.
(3) Any wilful attempt to induce a breach of any existing bona
fide contract or any wvilful attempt to prevent the performance of
any contractual duty under any bona fide contract for the purchase
or sale of ladders or ladder products.
(4) The entering into contracts for ladders or ladder products
with purchasers without actual obligation on the part of the pur-
chaser for a specified quantity or quality and/or merely for the pur-
pose of securing to the buyer a special price which in effect diserrun-
nattes between purchasers and tends to unreasonably restrain trade
and injure competitors.
(5) The delivery of ladders which do not reasonably conform
with the standard of samples submitted or representations made
prior to securing the order, unless with the consent of the purchaser
to a substitution prior to shipment.
(6) The entering into contracts which permit the buyer to cancel
or provide for a reduced price in the event of a market decline and
which do not permit the seller to cancel or provide for an enhanced
price in the event of a market rise.









(7) Wit~hholding from, or inserting in the invoice, anything which
makes the invoice a false record, wholly or in part of the transaction
represented on the face thereof.
(8) The payment or allowance of secret rebates, secret refunds,
.secret credits, unearned discounts, whether in the form of money or
otherwise; or the acceptance of securities at more than the true
market value as a means of effecting or concealing price discr~imina-
tion.
(9) False statements, written or oral, concerning competitor's
goods, or deceptive tests, or any act constituting a false statement
as to the prices a competitor is quoting.
(10) The giving or offering to give, directly or indirectly, w-ith-
out other consideration therefore, money or anything of value to
agents, employees, or representatives of customers or pr~ospective cus-
tomers, as an Inducement to cause them to purchase or to contendt for
the purchase of ladders or ladder products from the maker of such
gift or offer, or the selling or offeringa to sell other products at less
than cost as an inducement, to obtain the Iladder business of such
customers, or to influence them to refrain from dealings or contract-
ing to deal with competitors. No allowances or payments shall be
made to customers to cover advertising.
(11) The false marking or branding of ladders or ladder product
or any misrepresentation In connection with the advertising or sale
such items for the purpose of misleadingr purchasers.
(12) The making of false reports of capacity, production, costs,
sales, orders, or shipments.
ARrICiz VII~-GENERAL

(1) Such of the provisions of this Code as are not required to be
included therein by the National Industrial Recovery Act may, with
t~he approval of the President, be modified or eliminated as changes
mn circumstances or experience may indicate. It is contemplated th~at
from time to time supplementaryI provisions to this Codle will be
submiitted for the approval of the President to prevent unfair com-
-petition in price and other unfair and destructive competitive prac-
tices and to effectuate the other purposes and policies of Title I of
the National Industrial Recovery Act consistent with t~he provisions
thereof.
(2) The Administrator shall have thie right, on review, to dis-
"Pa'prove or modify any action taken b y the Code Authority.
(3 Violation by any member oif this industry of any pr~ovisions of
this Code is an unfair method of competition, and the offender shall
be subject to the penalties imposed by this Act.
(4) This Code and all the provisions thereof are exp~ressly made
subject to the rights of the President, in accordance with the provi-
sions of Subsection (b) of Section 10 of the National Indlustrial
Recovery Act, from time to time to cancel or miodify any border,
approval, license, rule, or regulation issued under Title I of saidl Act,
and specifically, but without limitations, to the right of the Presi-
dent to cancel or modify his approval of this Code or any conditions
imposed by him upon his approval thereof.




UNIVERSITY OF FLORIDA
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3 1262 08582 8142




Full Text

PAGE 1

Registry No. 304-11NATIONAL RECOVERY ADMINISTRATIONCODE OF FAIR COMPETITIONFOR THELADDER MANUFACTURINGINDUSTRYAS APPROVED ON NOVEMBER 8, 1933BYPRESIDENT ROOSEVELTRWE DO OUR PART1.'tecuti Order2. Letter t Transmittal3. CodeUNITED STATESGOVERNMENT PRINTING OFFICE WASHINGTON: 1933For sale by the Superintendent of Documents, Washington, D.C. -----Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, GovernmentPrinting Office, Washington, D.C., and by district offices of the Bureau of Foreignand Domestic Commerce.DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCEAtlanta, Ga.: 504 Post Office Building.Birmingham, Ala.: 257 Federal Building.Boston, Mass.: 1801 Customhouse.Buffalo, N.Y.: Chamber of Commerce Building.Charleston, S.C.: Chamber of Commerce Building.Chicago, Ill.: Suite 1706, 201 North Wells Street.Cleveland, Ohio: Chamber of Commerce.Dallas, Tex.: Chamber of Commerce Building.Detroit, Mich.: 2213 First National Bank Building.Houston, Tex.: Chamber of Commerce Building.Indianapolis, Ind.: Chamber of Commerce Building.Jacksonville, Fla.: Chamber of Commerce Building.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.: 933 Commercial Trust Building.Pittsburgh, Pa.: Chamber of Commerce Building.Portland, Oreg.: 215 New Post Office Building.St. Louis, Mo.: 50 Olive Street.San Francisco, Calif.: 310 Customhouse.Seattle, Wash.: 809 Federal Building.(II)

PAGE 3

EXECUTIVE ORDERCODE OF FAIR COMPETITION FOR THE LADDER MANUFACTURINGINDUSTRYAn application having been duly made, pursuant to and in fullcompliance with the provisions of title I of the National IndustrialRecovery Act, approved June 16, 1933, for my approval of a Code ofFair Competition for the Ladder Manufacturing Industry, and hearings having been held thereon and the Administrator having ren-dered his report containing an analysis of the said code of fair com-petition together with his recommendations and findings with respectthereto, and the Administrator having found that the said code offair competition complies in all respects with the pertinent provisionsof 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 theNational Industrial Recovery Act approved June 16, 1933, and other-wise, do approve the report and recommendations and adopt thefindings of the Administrator and do order that the said code of faircompetition be and it is hereby approved.FRANKLIN D. ROOSEVELT.THE WHITE HOUsE,November 8, 1933.Approval recommended:HUGH S. JOHNSON,Administrator.199C--188-184----88

PAGE 4

s.

PAGE 5

CODE OF FAIR COMPETITION FOR THE LADDERMANUFACTURING INDUSTRYARTICLE I-PURPOSETo effectuate the policies of Title I of the National IndustrialRecovery Act, the following provisions are submitted as a Code ofFair Competition for the Ladder Manufacturing Industry, and uponapproval by the President shall be the standard of fair competitionfor this industry.ARTICLE II-DEFINITIoNsThe term " industry " as used herein is defined to mean the busi-ness of manufacturing and selling by such manufacturers, of laddersand ladder products in the United tates.The term "member of the industry " includes anyone engaged in the industry, either as an employer or on his own behalf.The term "member of the Code" includes any member of theindustry who shall signify assent to this Code.The term " employee " as used herein includes any person engaged in any phase of the industry in any capacity in the nature of em-ployee irrespective of the method of payment of his compensation.The term "employer " as used herein includes anyone for whosebenefit such an employee is so engaged.The term " institute " means the American Ladder Institute, acorporation organized under the laws of the State of Ohio, withits principal office at Cleveland, Ohio, the membership in which iscomposed of manufacturers of ladders and ladder products. The term "ladder products " means scaffolding hangers, trestles,and other similar items used in conjunction with ladders.The term "The National Industrial Recovery Act" or "TheAct " means the National Industrial Recovery Act as approved bythe President June 16, 1933.The term "the President" means the President of the UnitedStates.The term "the Administrator" as used herein means the Admin-istrator appointed by the President under the Act and at the timein office.The term "effective date" as used herein means the tenth dayafter this Code shall have been approved by the President of the United States.The term " Code Authority " means the coumittee appointed toadminister this Code.(1)

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2AiRriCm III-HouRs(A) No employee shall be permitted to work in excess of 40hours in any one week or 8 hours in any 24-hour period; provided,however, that in peak periods of not more than 8 weeks Auring anysix months, hours may not exceed 48 in any one week, or 6 days perweek. In such cases, one and one third times the regular rate ofpay shall be paid for hours worked in excess of 8 hours per day.(B) The maximum hours fixed in the foregoing section shall notapply to employees on emergency maintenance and emergency repairwork, who s all be paid one and one third times the regular rate forhours worked in excess of 8 hours per day, nor shall it apply toexecutives and supervisors receiving $30 per week or more, and out-side salesmen when not employed on productive labor.(C) No employee shall be permitted to work more than six daysin any seven-day period.(D) No employee shall be classified in any one of the exemptedclasses hereinabove defined unless he performs functions identical with those performed by employees thus classified on June 16, 1933.(E) Each member of the industry shall elect the date at whichthe six months' periods begin, and shall immediately inform the CodeAuthority as to the election made. If any member of the industrydoes not notify the Code Authority within ten days of the effectivedate of this Code, then, in that event, the first six months' period forsuch members of the industry shall begin on the effective date of thisCode.(F) No employee shall work or be permitted to work for a totalnumber of hours in excess of the number of hours prescribed for eachweek and day, whether employed by one or more employers.ARTICLE IV-WAGES(A) No employee, except as hereinafter provided, shall be paid atless than the rate of 35 cents per hour.(B) Office employees shall be paid not less than $15.00 per week.(C) Equitable adjustment in all pay schedules of factory em-ployees above the minimum shall be made not later than 30 days fromthe effective date by any employers who have not theretofore madesuch adjustments, and the first monthly reports of wages requiredto be filed with the Administrator under this Code shall contain allwage increases made since May 1, 1933.(D) This article establishes minimum rates of pay, regardless ofwhether the employee is compensated on the basis of a time rate, piecerate, or otherwise.ARTICLE V-GENERAL LABOR PRovIsIoNs(A) No person under 16 years of age shall be employed in thisindustry, nor anyone under 18 years of age at operations or occupa-tions hazardous in nature or detrimental to health.(B) Employees shall have the right to organize and bargain col-lectively through representatives of their own choosing, and shall befree from the interference, restraint, or coercion of employers of

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8labor, or their agents, in the designation of such representatives, orin self-organization, or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.(C) No employee and no one seeking employment shall be requiredas a condition of such employment to join any company union or torefrain from joining, organizing, or assisting a labor organizationof his own choosing. (D) Employers shall comply with the maximum hours of labor,minimum rates of pay, and other conditions of employment, ap-proved or prescribed by the President.(E) Within each State this Code shall not supersede any laws of such State imposing more stringent requirements on employers regu-lating the age of employees, wages, hours of work, or health, fire orgeneral working conditions than under this Code.(F) Each employer shall post in a conspicuous place in each shopand office a copy of the labor and administrative provisions of thisCode.ARTICLE VI-ADINITRATIONTo further effectuate the policies of the Act, a Code Authority ishereby set up to cooperate with the Administrator in the administration of the Code.A. ORGANIZATION AND POWERS(1) The Board of Trustees of the American Ladder Institutetogether with such representatives as the President or Administratormay designate pursuant to paragraph (3) of this Section A is herebydesignated as such Code Authority; provided that no inequitablerestrictions upon membership in the American Ladder Institute shallat any time be imposed.(2) With a view to keeping the Administrator informed as tothe observance or nonobservance of this Code and as to whether ap-propriate steps are being taken to effectuate the purposes of theAct, each member of the Industry shall furnish certified reports todesignated independent agents of the Code Authority when and insuch form as it shall, subject to the approval of the Administrator,prescribe. If the Code Authority should have reason to believe thatany of the reports submitted are inaccurate, such reports may beverified by examination of the relevant books and records of themember of the Industry who has submitted such reports, by a dis-interested and impartial agency designated by the Code Authority,with the approval of the Administrator. Such agency must agreeto keep all infor mjation regarding individual manufacturers strictlyconfidential, except that any violation of this Code shall be reportedin detail to the Code Authority and to the Administrator.(3) The President or the Administrator may designate from oneto three representatives who shall thereupon become members of theCode Authority with all the powers of members of such Code Au-thority with the exception of the power to vote, and such representative or representatives shall have access to all data and sta-tistics collected by the Code Authority, and hereinbefore provided.Such representatives shall serve without expense to the Industry,

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4and together with the Administrator shall be given notice of andmay sit at all meetings of the Code Authority.(4) In addition to information required to be submitted under thisCode, there shall be furnished to Government agencies such statisticalinformation as the Administrator may deem necessary for the pur-poses recited in Section 3 (a) of the Act.(5) Where the costs of executing contracts entered into in theindustry prior to the approval of this Code by the President areincreased by the application of the provisions thereof, it is equitableand promotive of the purposes of the Act that appropriate adjustmentof such contracts to reflect such increased costs be arrived at byarbitration or otherwise, and the Code Authority is constituted as anagency to assist in effecting such adjustments.B. PARTICIPATIONEach member of the Code shall be entitled to participate in thecode activities of the Code Authority to the same extent as a memberof the American Ladder Institute. Each member of the Code shallcontribute his proportionate share toward the cost of preparation andadministration of the Cod, including the cost of the assembly andanalysis of such reports an data as may be required under the Codeand the cost of maintenance of the administrative agency and itsactivities, either by becoming a member of the American LadderInstitute or by paying to the Institute amounts equal to such portionof the dues from time to time required of members of the Institutein like situation as is used to defray the expense of administrationof the Code.0. CLASSIFICATION OF CUSTOMERSIn order to provide for the orderly distribution of ladders andladder products, the trade shall be divided into the following classi-fications, based upon differences in cost and services rendered. Thecustomers falling within each classification shall receive such tradediscounts from ist prices as shall be independently filed with theCode Authority by the individual members of the industry.(1) Conuner.-A consumer shall be defined as a buyer of laddersor ladder products substantially all of which are purchased for hisown use and not for resale.(2) Retailer.-A retailer shall be defined as a buyer of ladders or ladder products who buys to resell and whose business is designed forand built upon the selling of goods to consumers.The following classes of retailers may be distinguished from regu-lar retailers for the purpose of establishing prices and/or discounts:Mail-order houses, chain stores, department stores, cooperative as-sociation of dealers and mill supply dealers.(3) Jobber.-A jobber shall be defined as a buyer of ladders orladder products who buys to sell to retailers, and who carries a repre-sentative stock of ladders, and whose salesmen operate in the ter-ritory served by such jobber for the purpose of selling to retailers.On the basis of the foregoing definitions, the Code Authoritymay prepare a list of jobbers for distribution to all known membersof the industry. Each member of the industry shall thereupon sub-

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mit to the Code Authority for inclusion on such list the names ofcustomers whom he believes qualify as jobbers. The Code Authorityshall add to the list those names submitted which it finds qualified asobbers under paragraph (3) of this section C. Such final list ofrobbers shall be a prima facie accurate and complete list of suchpersons as conform to the definition of jobber in said paragraph (3).Such list of jobbers shall be kept current by the Code Authority;and each member of the industry shall continue to report the namesof any new customers whom he believes qualify as jobbers.(5) In the event that a question arises regarding the proper classi-fication of any customer or prospective customer, the decision ofthe Code Authority, subject to review by the Administrator, shallbe prima facie correct.(6) If the foregoing classifications of customers, or any applica-tion thereof, should bear unjustly upon any individual customer ormember of the industry, such customer or member of the industrymay appeal to the Code Authority, subject to review by the Admin-istrator, or direct to the Administrator which, after investigation,may provide for such exemption or modification as justice and con-venience may require. In the interim between such appeal and theruing of the Code Authority or Administrator, the classificationin 6efct at the time of such appeal shall continue in effect.D. COST AND PRICE-LIST PROHIBITIONSNo member of this industry shall sell or exchange any ladders orladder products at a price or upon such terms and conditions as willresult in the customer paying for such goods less than the deliveredcost to the seller as determined by a uniform cost accounting systemto be set up by the Code Authority, subject to the approval of theAdministrator, except as hereinafter provided. The Code Authority shall promptly cause to be developed andsubmitted to the Administrator a uniform system of cost accountingdesigned to make possible the accurate determination by each mem-ber of the industry of his own individual cost.Upon approval by the Administrator of such system of cost ac-counting, complete advice concerning it shall be distributed by theCode Authority to all members of the industry. Thereafter no mem-ber of the industr shall sell or exchange any ladders or ladderproducts at a price below his own individual cost, except-to meet a lower price previously quoted or posted by a competi-tor. If such member believing that such competitor is sellingin violation of the Section, has complained to the Code Au-thority or to a properly authorized agency thereof, such mnemn-ber may meet the price of such competitor as aforesaid, onlypending action upon such complaint.In the interim between the effective date and the date the CodeAuthority directs that the uniform cost-accounting system be placedin use, no member of the industry shall sell his ladders or ladderproducts at a price less than his individual cost as determined bysuch cost system or method of determination of costs as is being usedby him at the time the Code becomes effective, except as hereinbeforeprovided.

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6Since it has been the general recognized practice of the industryto sell products on the basis of printed price lists with discount sheetsdistributed to the trade, each member of the industry shall, withinten days of the effective date of this Code, file with the Code Au-thority price lists and discount sheets, showing his current pricesand discounts to the various classes of customers as hereinbefore de-fined. Revised price lists and discount sheets may be filed from timeto time thereafter with the Code Authority by any member of the industry, to become effective upon a date specified by such memberof the industry, which date shall not be less than ten days after thefiling of such revised prices at the office of the Code Authority.Copies of such revised prices, with notice of the effective date, shallbe immediately sent to all known members of the industry, who mayfile, if they so desire, revisions of their price lists and/or discountsheets, which, if filed not less than five days previous to such effectivedate, shall take effect upon the date when the revised price list ordiscount sheet first filed shall go into effect.No member of the industry shall sell or exchange any ladders orladder products at prices lower or discounts greater or on morefavorable terms than the schedules of such member on file at theoffice of the Code Authority as hereinbefor' provided.The operation of the foregoing provisions shall at all times besubject to the approval of the Administrator.E. TRADE PRACTICESThe following shall be considered as unfair methods of competi-tion in this industry:(1) The defamation of competitors by imputing to them dishon-orable conduct, inability to perform contracts, questionable creditstanding, or other misrepresentations.(2) Enticing away the employees of competitors with the purposeand effect of hampering, injuring or embarrassing competitors intheir business. However, nothing Aerein contained shall prevent em-ployees from seeking employment with other concerns.(3) Any wilful attempt to induce a breach of any existing bonafide contract or any wilful attempt to prevent the performance ofany contractual duty under any bona fide contract for the purchaseor sale of ladders or ladder products.(4) The entering into contracts for ladders or ladder productswith purchasers without actual obligation on the part of the pur-chaser for a specified quantity or quality and/or merely for the pur-pose of securing to the buyer a special price which in effect discrimi-nates between purchasers and tends to unreasonably restrain tradeand injure competitors.(5) The delivery of ladders which do not reasonably conformwith the standard of samples submitted or representations madeprior to securing the order, unless with the consent of the purchaserto a substitution prior to shipment.(G) The entering into contracts which permit the buyer to cancelor provide for a reduced price in the event of a market decline andwhich (do not permit the seller to cancel or provide for an enhancedprice in the event of a market rise.

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7(7) Withholding from, or inserting in the invoice, anything whichmakes the invoice a false record, wholly or in part of the transactionrepresented on the face thereof.(8) The payment or allowance of secret rebates, secret refunds,secret credits, unearned discounts, whether in the form of money orotherwise; or the acceptance of securities at more than the truemarket value as a means of effecting or concealing price discrimina-tion.(9) False statements, written or oral, concerning competitor'sgoods, or deceptive tests, or any act constituting a false statementas to the prices a competitor is quoting.(10) The giving or offering to give, directly or indirectly. without other consideration therefor, money or anything of value toagents, employees, or representatives of customers or prospective cus-tomers, as an inducement to cause them to purchase or to contract forthe purchase of ladders or ladder products from the maker of suchgift or offer, or the selling or offering to sell other products at lessthan cost as an inducement to obtain the ladder business of suchcustomers, or to influence them to refrain from dealing or contract-ing to deal with competitors. No allowances or payments shall bemade to customers to cover advertising.(11) The false marking or branding of ladders or ladder productsor any misrepresentation in connection with the advertising or sale oysuch items for the purpose of misleading purchasers.(12) The making of false reports of capacity, production, costs,sales, orders, or shipments.ARTICLE VII-GENERAL(1) Such of the provisions of this Code as are not required to beincluded therein by the National Industrial Recovery Act may, withthe approval of the President, be modified or eliminated as changesin circumstances or experience may indicate. It is contemplated thatfrom time to time supplementary provisions to this Code will besubmitted for the approval of the President to prevent unfair com-petition in price and other unfair and destructive competitive prac-tices and to effectuate the other purposes and policies of Title I ofthe National Industrial Recovery Act consistent with the provisionsthereof.(2) The Administrator shall have the right, on review, to dis-approve or modify any action taken by the Code Authority.(3) Violation by any member of this industry of any provisions ofthis Code is an unfair method of competition, and the offender shallbe subject to the penalties imposed by this Act.(4) This Code and all the provisions thereof are expressly madesubject to the rights of the President, in accordance with the provi-sions of Subsection (b) of Section 10 of the National IndustrialRecovery Act, from time to time to cancel or modify any order,approval, license, rule, or regulation issued under Title I of said Act, and specifically, but without limitations, to the right of the Presi-dent to cancel or modify his approval of this Code or any conditionsimposed by him upon his approval thereof.0

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UNIVERSITY OF FLORIDA3 1262 08582 8142