Citation
Proposed code of fair competition for the dental trade industry as submitted on August 23, 1933

Material Information

Title:
Proposed code of fair competition for the dental trade industry as submitted on August 23, 1933
Portion of title:
Dental trade industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
U. S. Government Printing Office
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Dental materials -- United States ( lcsh )
Dental instruments and apparatus industry -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1617-07."

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:
004930649 ( ALEPH )
644542302 ( OCLC )

Full Text



Registry No. 1817---01


ATIONAL~CWA~ RECOVERY ADMINISTRATION



aBED CODE OF FAIR COMPETITION
... FOR THIE

NTAL TRADE INDUSTRY
Bj!liABSUB~MITTSED ON AUGUST 23, 1933




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OO.il 'OF FAIR COMPETITION FOR THE DENTAL TRADE
TOil~J BE PRESENTED BEFORE THE NATIONAL RECOVERY ADMINIS-
TRATION UNDER THE PROVISIONS OF THE NATIONAL INDUSTRIAL
R.ECOVYERY ACT
T: o; the President of the United States:
Com';rs~es now the Dental Trade by the American Dental Trade
seo~`ccia~icon, 1010 Vermont Avenue, WVa.shington, D. C., and makes
a'pplication for approval of a code of fair competition for such trade
;'ndter t~he provisions and subject to the limitations a~nd requirements
of the National Industrial RecoveryT Act, Public No. 67i, approved
Juine.16, 1933, and respectfully shows:
;'1.Thtt America~n Dental Trade Association is a~n association
c~'omposed of manufacturers, dealers, and fabricators of dental goods,
organized and in existence for more than fifty years and representing
an its membership a prepondersant interest of~ all those engaged in
such tra~de.
2 T"hat the American Dental Trade Association imposes no
inequitable restrictions on admission to membership therein and is
truly representative of the Dental Trade.
;3;. That the code herewith submitted is not designed to promote
mo xnaiopolies, or to eliminate and suppress small enterprises, and wi~ll
not operate to discriminate against them and will tend to effectuate
t,,~he policy of the mentioned Act.
4. That such code. will not permit monopolies or monopolistic

The Aemerican Dental Trade Association prays approval of this
bode of fair competition as the code of the Denta~l Trade.

i APPLICATION
Th~is Code and its appropriate sections shall apply to manufac-
uircers~and dealers making and/or selling dental equipment, material,
or supp~lies. .
GENERAL PaovIsions
s~cTI~ow 1. No one shall use any subterfuge to frustrate the spirit
it mtezt. of this code.
8 c. 2. The President may from time to time cancel or modify any
~,;approval, rule, or regulation issued under this code.
~I; ARTICLE I-IAABOR AND WAGE PROVISIONS
caow 1., That employees shall have the right to organize and
collectively through representatives of their own choosing,
s~hall b~e free from the interference, restraint, or coercion of em-
oesof labor, or their agents, in the designation of such representa-
ves or in self organization or in any other concerted activities for
thepupose of collective bargaining or other mutual aid or protection;








be required as a condition of employment to join any company
or to reframn from jommgnl, orgamizmg, or asszstn a labororma
of his own choosing;
SEc. 3. That employers shall comply with the maximumhor
labor, minimum rates of pay, and other conditions of epos1
approved or prescribed by the President;
SEc. 4. That employers shall:
(1). Not employ any person under 16 years of age. ~
(2) Not work any accounting, clerical, office, service, or saes.e~~~~
ployee (except outside representatives) in any store, o~f~ee, depart-
ment, establishment, or any automotive or horse-drawn passengers
delivery, or freight service or in any other place or manner for s~Qtag
than 40 hours in any one week.
(3) Establish a factory maximum working schedule for all ~mrqe
chanical workers and artisans not to exceed 40 hours per week.
(4) The maximum hours fixed in the foregoing paragraphs (2) nandi~
(3) shall not apply to employees in a managerial or executive capac~ityl,
who now receive more than thirty-five dollars per week; nor to emii.::
ployees on emergency, maintenance, installation, or repair work; Inosn
to employees listed as watchmen, stationary engineers, and fiemeni.'
In very special cases where restrictions of hours of highly skilled
workers on continuous processes would unavoidably reduce produce- i
tion, at least time and one-third shall be paid for hours worked. inli:
excess of the maximum. :
(5) Pay any of the classes of employees mentioned mn passragrph~
(2) except messengers and inexperienced office assistants no less thanii
$15.00 per week in any city of over 500,000 population, or in the~
immediate trade area of such city; nor less than $14.50 per week.i
any city of between 250,000 and 500,000 population, or in theime
diate trade area of such city; and in towns of less than 250,00
increase all wages by not less than 20%, provided that this icos
shall not require wages in excess of $12.00 per week nor in ~ex~e~ss
wages paid for similar work on July 15, 1929. IMessengers
experienced office assistants shall be paid no less than $10.00 p
week.
(6) Pay to any factory employee of the classes mentionedinp
graph (3), except operators under eighteen years of age or wt
than six months' experience, no less than 35 cents per hour unless
hourly rate for the same class of work on July 15, 1929, was ls
35 cents per hour, in which latter case pay no less than the hu
rate on July 15, 1929, and in no event less than 30 cents erh
Operators under eighteen years of age or with less than sixmd
experience shall be paid no less than 25 cents per hour. Thiisp
graph establishes a guaranteed minimum rate of pay, rgrli
whether the employee is compensated on the basis of a time rate.
piecework performance.
(7) Not reduce the rate of compensation for employment norit
excess of the minimum rates of wages..
(8) The provisions of all state and municipal laws regulating
ployment shall be strictly observed.







.AnnCEs II--UNFAIR COMPETITION
fi ollowcing are unfair methods of competition:.
:~~SacrzoN 1. Cost.--The sale of goods or supplying of services in
ljannection therewith below cost, as ascertained in accordance with
approkedl~, accounting methods.
Sec. 2. Cask Discounlts.--
i(a) Cash discounts exceeding those established by the manufacturer
To his printed price list.
(i!:?; b) Discounts in excess of 2%0 for cash on sales by dealer, of $100.00
pI;~. sr over, where delivery is made at one time, or on deposit accounts of
$1t00.00 or over.
Sac' .'$C 3. Advance D3ating.-
,,(a) Advance dating or post dating on the sale of a~ny equipment,
platerial, or supplies more than five days beyond or before date of
feliveary.
(b) Shipment of equipment that has been sold on a conditional sales
contract basis until full initial payment is made.
SEC. 4. Special Allowances.--The giving of special discounts or
Special allowances as between purchasers to induce a~ny purchaser to
give preference to a given seller, or product, or by purchase or sub-
stitrt'ion of stock for that of a competitor; or allowance a7bove scrap
sharki d~b~et price for precious metals, or special allowance or merchandise
sold or supplied in exchange therefore.
SEc. 5. Equipment1 Allowuance.-The allowance on used equip-
ment as part payment on the sale of new equipment in excess of the
il reasonable market value of such used equipment based upon recom-
m' ended used equipment appraisals.
SEC. 8. COnsignment or Trial.--(a) Consignment of equipment by
i) manufacturers to customers, excepting that each manufacturer may
pupply one x-ray to each dental college for demonstration purposes.
(b. ) Placing of equipment on tria~l.
(c) Consignment of goods to dentist or laborattory.
(d) The consignment of stocks of precious metals for use in
dentistry.
SEc. 7. Deferred Pa~yments.--Deferred patymen ts on equipment
ext~plcess of thirty-six months.
;SEc. 8. Guarantees.--The guarantee of any product against, inherent
fa~Scts in workmanship or materials for a period exceeding one year.
B'IEc. 9. Jobbing.--The unauthorized jobbing of dental goods, mate-
r land supplies.
Ec. 10. 1l~isrepresentation of a competitor or a competitor's

c.li~ 11. Equipmentl Contract Sales.
(a)l The first payment shall be at least 25%~ of t.he total amount of
contract, except on new x-ray machines and tubes on which the
pitiali payment should be at least $100.00.
SecondX-hand goods up to the amount of 10%J of the total amount
ofthe contract may be accepted as part of the initial payment, and
toybe for more, in which case the cash payment should be at least
15%f of the total amount of the contract. The minimum cash pay-
thet on new x-ray contracts should be $100.00 regardless of whether
peodhand goods are accepted.


















distributed in the monthly payments for the period of the contrac~~t~i,~i~
five dollars per month to be ~the minimum payments.
(f) All deferred payments if not paid ait maturity shall bear intezMA'
at the minimum rate of 6%/ from the date of maturity to thre darith
payment.
(g) Sundry merchandise not to exceed 10%0 may be included M..
equipment contracts with a limit of $175.00.
SEc. 12. Dealer Terms of Oed~it:
(a) Regular accounts on goods sold by dealer should be date hei3
payable on the 10th of the following month. Terms should not.e e
ceed 60 days.
(b) Terms on volume sales of merchandise on the deferred paymest@'. i
plan, and tooth sales in $100.00, $300.00, and $500.00 lots should nqt
exceed ten months with a minimum monthly payment of $10.00.
SEc. 13. Chnanlges in Prices and Trmzs.-Manufacturers in t8
Dental Trade shall file in the office of the Agency of AdministraMOR)
at WVashington a complete price list of their products, with phees,i
discounts, and terms to all classes of customers, also any addition~ cjr:
change to their lines, or changes in prices or terms on or before" thii
effective date thereof.

AGENCY OF ADYINISTPRATION
The Amlericatn Dental Trade Association, 1010 Vermont Avenue,
Washington, D.C., is hereby constituted the agency of thePrsdlt
under the supervision of the National 'RecoveryT Administration
carrying out the provisions of this code and to effectuate the
contemplated by the National Industrial Recovery Act, and t
end it is authorized:
1. To establish, without expense to the United States ofAm
all such statistical, accounting, and other services as may be r
ably proper and necessary to effectuate the policy of the Na
Industrial Recovery Act, and the provisions of this code, anda
tion the cost thereof to the trade and with the approval of the
dent, may alter or amend 'the same from time to time asepei
may justify.


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Full Text

PAGE 1

Registry No. 1617-07 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE DENTAL TRADE INDUSTRY AS SUBMITTED ON AUGUST 23 , 1933 WE DO OUR PART ( The Code for the Dental Trade Industry I I F in its present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are r A . to be regarded as having received the approval of the National Recovery Administration 0 ::__:-. .,,,. ---as plying to this industry UNITED STATES GOVE NMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of l>
PAGE 2

SUBMITTED BY AMERICAN DENTAL TRADE ASSOCIATION

PAGE 3

• CODE OF FAIR COMPETITION FOR THE DENTAL TRADE TO BE PRESENTED BEFORE THE NATIONAL RECOVERY ADMINISTRATION UNDER THE PROVISIONS OF THE NATIONAL INDUSTRIAL RECOVERY ACT To the President of the United States: Comes now the Dental Trade by the American Dental Trade Association, 1010 Vermont Avenue, Washington, D. C., and makes application for approval of a code of fair competition for such trade under the provisions and subject to the limitations and requirements of the National Industrial Recovery Act, Public No. 67, approved June 16, 1933, and respectfully shows: 1. That American Dental Trade Association is an association con1posed of manufacturers, dealers, and fabricators of dental goods, organized and in existence for more than fifty years and representing in its membership a preponderant interest of all tho e engaged in such trade. 2. That the American Dental Trade Association imposes no inequitable restrictions on admission to membership therein and is truly representative of the Dental Trade. 3. That the code herewith submitted is not designed to promote monopolies, or to eliminate and suppress small enterprises, and will not operate to discriminate against them and will tend to effectuate the policy of the mentioned Act. 4. That such code will not permit monopolies or monopolistic practices. The American Dental Trade Association prays approval of this code of fair competition as the code of the Dental Trade. APPLICATION This Code and its appropriate sections shall apply to manufacturers and dealers making and/or selling dental equipment, material, or supplies. GENERAL PROVISIONS SECTION 1. No one shall use any subterfuge to frustrate the spirit and intent of this code. SEc. 2. The President may from time to time cancel or modify any order, approval, rule, or regulation issued under this code. ARTICLE I-LABOR AND w AGE PROVISIONS SECTION 1. That employees shall have the right to organize and bargain collectively through representatives of their own choosing, and shall be free from the interference, restraint, or coercion of em ployers of labor, or their agents, in the designation of such representatives or in self organization or in any other concerted activities for the purpose of collective bargaining or other mutual aid or protection; 10222-33 ( 1 )

PAGE 4

2 • SEc. 2. That no emp loyee and no one eekino-employment shall be required a a condition of employment to join any ompany union or to refrain from joining, organizing, or a sisting a labor organization of his own choosing; EC. 3. That en1ployers shall comply with the max:imUin hour of labor, minimum rates of pay, and other condition of employment approved or prescribed by the President; SEc. 4. That employers shall: (1 Y ot employ any per on under 16 years of age . (2) Not work any accounting, clerical, office, service, or sale m ployee (except outside representatives) in any tore, office, department, establishment., or any automotive or horse-drawn pussenger, delivery, or freight service or in any oth r place or_manner for n1ore than 40 homs in any one week. (3) Establish a factory ma, xiinum worl ing schedule for all me chanical workers and artisans not to exceed 40 hour per week. (4) The maximum hours fLrnd in the foregoing paragraph (2) and (3) shall not apply to employees in a 1nanagerial or executive capacity who now receive more than thirtyfive dollars per week; nor to em ployees on emergency, maintenance, installation, or repair work; nor to employees listed as watchmen, stationary engineer , and :firenien. In very special cases where restrictions of hours of highly killed workers on continuous processes would unavoidably reduc produc tion, at least time and one -third shall be paid for hours work d in excess of the maximum. (5) Pay any of the classes of employees mentioned in paragraph (2) except messengers and inexperienced office assistants no less than $15.00 per week in any city of over 500,000 pupulation, or in the immediate trade area of such city; nor less than $14.50 per week in any city of between 250,000 and 500,000 population, or in the iinmediate trade area of such city; and in towns of less than 250,000, increase all wages by not less than 20%, provided that this increase shall not require wages in excess of $12.00 per week nor in excess of wages paid for similar work on July 15, 1929. Messengers and inexperien ced office assistants shall be paid no less than $10.00 per week. (6) Pay to any factory employee of the classes mentioned in paragraph (3), except operators under eighteen years of age or with less than s ix months' experience, no less than 35 cents per hour unless the hourly rate for the same class of work on July 15, 1929, was less than 35 cents per hour, in which latter case pay no les than the hourly rate on July 15, 1929, and in no event less than 30 cents per hoY.r. Operators under eighteen years of age or with less than six months' experience shall be paid no less than 25 cents per hour. This paragraph establishes a guaranteed minimum rate of pa -, regardles of whether the employee is compensated on the basis of a. time rate or piece, ork perforn1ance. (7) ot reduce the rate of compensation for employment IlO\V in excess of the 1ninimun1 rates of wages. ( ) The pro-dsions of all state and n'lunicipal laws regulating employment shall be strictly observed.

PAGE 5

3 ARTICLE II-UNFAIR COMPETITION The following are unfair methods of competition: SECTION 1. Cost.-The sale of goods or supplying of services in connection therewith below cost, as ascertained in accordance with approved accounting methods. SEc. 2. Cash Discounts.-(a) Cash discounts exceeding those established by the manufacturer in his printed price list. (b) Discounts in excess of 2% for cash on sales by dealer, of $100.00 or over, where delivery is made at one time, or on deposit accounts of $100.00 or over. SEc. 3. Advance Dating.-(a) Advance dating or post dating on the snJe of any equipment, material, or supplies more than five days beyond or before date of delivery. (b) Shipment of equipment that has been sold on a conditional sales contract basis until full initial payment is made. SEc. 4. Special Allowances.-The giving of special discounts or special allowances as between purchasers to induce any purchaser to give preference to a given seller, or product, or by purchase or substitution of stock for that of a competitor; or allowance above scrap market price for precious metals, or special allowance or merchandise sold or supplied in exchange therefor. SEc. 5. Equipment Allowance.-The allowance on ''used'' equipment as part payment on the sale of new equipment in excess of the reasonable market value of such used equipment based upon recommended used equipment appraisals. SEc. 6. Consignment or Trial.-(a) Consignment of equipment by manufacturers to customers, excepting that each manufacturer may supply one x-ray to each dental college for demonstration purposes . (b) Placing of equipment on trial. (c) Consignment of goods to dentist or laboratory. (d) The consignment of stocks of precious metals for use in dentistry. SEc. 7. Deferred Payments.-Deferred payments on equipment in excess of thirty-six 1nonths. SEc. 8. Guarantees.-The guarantee of any product against inherent defects in workmanship or materials for a period exceeding one year. SEc. 9. Jobbing.-The unauthorized jobbing of dental goods, materials, and supplies. SEc. 10. Misrepre...,entation of a competitor or a competitor's product. SEc. 11. Equipment Cont ract Sales. (a) The first payment shall be at least 2.5% of the total amount of the contract, except on new x-ray machines and tubes on which the initial payment c,hould be at least $100.00. Second-hand good.s up to the amount of 10% of the total amount of the contract may be accepted as part of the initial payment, and may be for more, in which case the cash payment should be at least 15% of the tota l amount of the contract. The minimum c ash pay ment on new x-ray contracts should be $100.00 reg a rdle s of wheth e r second hand good s are accepted.

PAGE 6

4 (b) A charge at the rate of 6% per year on the full amount of the unpaid balance to cover interest, in urance and firnrn ing charges to be added to the contra t and qually di .. tributcd in the monthly payment~ for the period of the con ract. (c) The period of the contract not to exceed thirty-~ix month and ten dollars per month to b the minimum payment. (d) Ten dollars to be the minimum payment on any original con ract. (e) upplen1ental contra ts when made with a u tonier who is already on contract with the same dealer the fir t pa ment hall be at least 25% and a charge at the rate of 6% per year on the full amount of the unpaid balance to be added to the contract and equally distributed in the n10nthly payment for the period of the contract, five dollar per month to be the minimum payments. (f) All deferred pa.yn1ents if not paid at maturity hall bear interest at the miniinum rate of 6% from the date of maturity to the date of payment. (g) Sundry merchandi e not to exceed 10% may be included in equipment contracts with a limit of $175.00. SEc . 12. Dealer Terms of Credit: (a) Regular accounts on goods sold by dealer should be due and payable on the 10th of the following month. Terms hould not ex ceed 60 days. (b) Terms on volume sales of merchandise on the deferred pay1nent plan, and tooth sales in $100.00, $300.00, and 500.00 lots should not exceed ten months ,;i.rith a minimum monthly payment of $10.00. SEc. 13. Changes in Prices and Terms.-1lanufacturer in the Dental Trade shall file in the office of the Agency of Admini tration at v\r a bington a complete price list of their product , with prices, discounts, and terms to all classes of cu tomers, al o any addition or change to their lines, or changes in prices or tern1s on or before the effective date thereof. AGENCY OF ADl\H ISTRATION The American Dental Trade Association, 1010 Yermont Avenue, Washington, D .C., is hereby constituted the agency of the Pre ident under the upervision of the National Recovery Administration for carrying out the provisions of this code and to effectuate the policy contemplated by the National Industrial Recovery Act, and to this end it i authorized: 1. To establi h, without expense to the United tate of America, all such tati tical, accounting, and other ervices as may be reason ably proper and necessary to effectuate the policy of the ational Industrial Recovery Act, and the provisions of this code, and appor tion the co t thereof to the trade and with the approval of the Presi dent, may alter or amend the same from time to time as experience may ju tify. 0

PAGE 7

•

PAGE 8

UNIVERSITY OF FLORIDA II I II IIIIII Ill Ill lllll lllll II IIII I IIII I l l llllll II 111111 1 11111111 3 1262 08728 5879