Approved Cod e No. 387 Registry No. 1399-28 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

F OR THE 

SHOE MACHINERY INDUSTRY 

AS APPROVED ON APRIL 6, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

\ I 

\ 

\ 

For sale by the Superintendent o f Docume nts, Washington, D.C. - - - - - - - - Price 5 centa 
This puhlication is for sale hy the Superintendent of DocumeutR, Government 

Printing Offir·e, Wa. bington, D.C., a nd by district office.· ur tLe Bureau oi 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMi'vlERCE 

Atlanta, Ga.: 50-! Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, 1\lass. : 1801 Cu tomhouse. 

Buffalo, N.Y. : Chamber of Commerce Building. 

Charleston, S.C.: Chamber of Commerce Building. 

Chicago, Ill.: Suite 170G, 201 North Wells Street. 

Cle,eland, Ohio: Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston. Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Comwerce Building. 

Kansas City, Mo.: 11028 Baltimore AYenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, Minn. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa. : Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Erancisco, Cal if. : 310 Customhouse. 

Seattie, Wush.: 809 F ederal Offi e Build ing. 
Approved Code No. 387 

CODE OF FAIR COMPETITION 

FOR THE 

SHOE MACHINERY INDUSTRY 

As Approved on April 6, 1934 

ORDER 

APPROHNG C ODE OF FAIR COMPETITION FOR THE SHOE M ACHIN ERY 

INDUSTRY 

An application having been duly made pur uant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Shoe Machinery Industry and hearings 

having been duly held thereon and the annexed report on said Code 

containing findings with re pect thereto, having been made and 

directed to the President : 

Ov, , THEREFORE, on behalf of the Pre ident of the United 

States, I, Hugh S. John on, Ad1ninistrator for Industrial Recovery, 

pur uant to authority vested in rn.e by Executive Orders of the President, in luding Executive Order No. 6543-A, dated December 30, 

1933 and otherwise; do hereby incorporate by reference said annexed 

report and do find that aid Code complies in all respects with the 

pertinent provisions and will promote the policy and purposes of 

aid Title of aid Act; and do hereby order that said Code of Fair 

Competition be and it is hereby approved. 

App1·0Yal recommended. 

A . R. G LAN CY 

HuoH S. JoRNsoN, A d1ninisfrat01· for Industrial R ecove-ry. 

Dfoision Adniinistrator. 

\YA H I X GTON, D.C., 

Avril 6, 1934. 

515G6°-482-41- 34 (193 ) 
REPORT TO THE PRESIDENT 

The PRESIDEXT, 

The 1Vhite House. 

Srn; This i~ a report on the Code of Fair Competition for the 

Shoe l\1achinery Indu try, as revis d after a Pnbli I-Iearincr held in 

"\Va hington D.C., on the 22nd day of January, 1934, in accorlance 

with the provisions of the National Industrial Recovery Act. 

PROYISIONS AS TO HOURS AKD WAGES 

Employment is limited to 8 hours per day and 40 hour · per week 

and 6 days in any 7 day period, with the exception of employees 

engaged in emergency maintenance or emergency repair ,,ork and 

executive or supervisory employee and r e ·earch te ·h nici ns who 

now receive $35.00 or more per week or traveling sale~men or 

salaried field service men. Engineers and firemen are permitted to 

work 44 hours• and wat chmen may be employed 56 hours per week. 

To provide for emergency production demands overtime is allowed 

to the extent of 5 hours in any one week. 

Overtime in excess of 8 hours in any 24 hour period or jn excess 

of 40 hours in any 7 day ,period will be p aid for at one and one-half 

times the normal rate. 

Minimum wages of 40 cents per hour for males and f emales n.re 

established and when females perform sub tantially the ame work 

or replace males they hall receive the ame r ate of pay a · the 

males. Office and clerical employees ar e to r eceive a minimum rate 

of $15.00 per week except that office boys and girls may be paid at the 

r at of $12.00 per week. 

ECOKOl\HC EFF.ECT OF THE OIJE 

Before the adoption of the reduced hourly . ch clule in 19'.1 3. th is 

Industry a ,·erag cl 42.5 hours per w k. It forty-three compani 

employ normally 9,000 persons. Adoption of the 40 hour we k woitkl 

increase mployment to about 9,560 p r on or an incr<'a. e f ahont 

6 percent. 

The invested apital of the Indu tr3 is about $94, 00 000 ancl th 

average annual al · f r the pa t five year· h· ve ue n alJ nt 

$38 000,000. 

FINDlNO 

Th D puty A lmini, trator in his final report to m on having 

found a her in · t f rth and on th ba i of all th pr cee<lin°· in 

thi matter: 

I find that: 

(a) aid le is w 

lo, s of Title I of th 

11 de io-ncd to pr mot the p li ·i 

ationa.l I n lu trial R covcry 

( 1 !)-! ) 

and purin ·luclino-
195 

remoYal of obstruction to the free fl ow of inter -tate and foreign 

commer e which tend to dimini h the amount thereof and will proYicle for the general ,yelfare b) promoting the organization of indusb'y for the purpose of op ratiYe a tion among the tra le group , 

by inducing ancl maintaining unite 1 a tion of labor and management under a quate b vernmental anction · and upervi ion, by 

liminating unfair comp titive practice by promoting the fulle -t 

po sible utilization of the pre ·ent productiYe capacity of indu trie , 

by aYoi ling undue r e triction of production ( except a may be 

temporarily r equired), by increa ing the con umption of indu trial 

and agrj ultural product through in rea ing purcha ing power, by 

r ducing and relieving unemployment, by improving tandards of 

labor, and by other"i e rehabilitating indu -try. 

(b) Sai 1 Indn try normally employ. not more than 5 .000 employee · and .i not cla sified by me a a maj or indu tr:7. 

( c) The Code a · approved complies in all respects with the pertinent provi ions of said Title of aid Act, including without limitation Sub ection (a) of ection 3, Sub ection (a) of e tion 7 and 

ubsection (b) of Section 10 thereof; and that the applicant group 

i an industrial a sociation truly repre. entative of the aforesaid 

Industry; and that said as ociation impo e no inequitable re trictions on admi ion to membership therein. 

( d) The Code is not <le igned to and will not permit monopolies 

or monopolistic practice . 

( e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

( f) Tho e engaged in other steps of the economic process have 

not been deprived of the right to be heard prior· to approval of 

said Code. 

For these rea on , this Code has been approved by me. 

Re ·pectfully, 

APRIL 6, 1934. 

HuoH S. JoH -~oN, 

Administrator. 
CODE OF FAIR COMPETITION F OR THE SHOE 

MACHINERY INDUSTRY 

ARTICLE I-PURPOSE 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

F air Competition for the Shoe ]yiachinery Indu try, and shall be 

the standards of fair competition for such Industry and shall be 

binding upon every mernb r thereof. 

ARTICLE II-DEFINITIONS 

The. term "Industry", a.s used herein, shall be defined to mean 

the manufacture, repair or rebuilding, for sale or lease, of machinery, mechanisms, and mechanical devices, used in the manufacturing or repairing of footwear. 

The term " Employee", as used herein1 includes anyone engaged 

in the Industry in any capacity receiving compensation for his 

services, irrespective of the nature or method of payment of such 

compensation. 

The term " Employer", as used herein, includes anyone by whom 

any such employee is compensated or employed. 

The term "Member of the Industry", as used herein, includes 

anyone engaged in the Industry as above defined either as an 

employer or on his own behalf. 

The term" Institute", as used herein, signifies the Shoe Machinery 

Institute. 

The term "Student Learner", as used herein, shall designate 

anyone enrolled as a student at an institution of learning, who works 

in the Indu try part time, and who is not regularly employed in 

productive labor. 

The term "Apprentice", as used herein, shall designate anyone 

regularly indentured for a sufficient length of time to systematically 

learn the variou operations in any one of the trade or occupation 

in the Indu try. 

The terms "President", "Act", and "A lmini trator ", a u d 

herein, hall mean, re pectively, the President of the United tat , 

Title I of the National Industrial R covery Act, and the Admini trator for Indu trial Recovery. The t rm "Effective Date", a u d her in hall be the e ond 

1vlonda , after the approval of thi. Cod by th Pre ident. 

RTI LE III- I R 

1<: 'TION 1. o mploy e shall be pennitte 1 to ork in ex e s of 

forty (40) hour in any ne (1) week r eio-ht (8) hour in any 

tw nty-f our (24) honr p riod, x pt a her in oth nvise pro id d. 

(196) 
197 

SECTION 2. To cover an emergency pro<lu tion deman l whi ·h can 

not be met by hiring additional employees, an allowance above the 

maximum hours fixe l in ection 1 of this Articl , of not to exceed 

five (5) hour in any one (1) week shall be permitted; provided 

that not less than one and one-half (11⁄2 ) time his regular rate of 

pay hall be pai.cl for ·uch hours. 

SECTION 3. ,v atchmen shall not be permitted to work in exce s of 

fifty-six ( 56) hours per week. 

ECTION 4. The maximum hours provi ions of Section 1 of this 

Article shall not apply to executive or supervisory employees and 

re earch technicians who now receive thirty-five ($35.00) dollars 

or more per week, or to traveling sale men, or salaried field service 

men. 

SECTION 5. The maximum hours provisions of Section 1 of this 

Article shall not apply to any employee on emergency maintenance 

or emergency repair work involving breakdown or protection of life 

or property, but in any such special case, at least one and one-half 

(11⁄2) times his regular rate shall be paid for hours worked in 

excess of the maximum herein provided. 

SECTION 6. No employee shall be regularly employed more than 

six ( 6) days in any seven (7) day period. 

SECTION 7. No employer shall knowingly permit any employee to 

work for any time which, when totaled with that already performed 

for another employer or employers exceeds the maximum permitted 

herein. 

SECTION 8. Employers who personally perform manual work or 

are engaged in mechanical operations shall not exceed the prescribed 

maximum number of hours. . 

SECTION 9. The maximum hours provisions of Section 1 of this 

Article, shall not apply to engineers and firemen who shall be permitted a ten (10%) percent tolerance over the maximum hours 

provisions of Section 1 of this Article. 

ARTICLE 1v-,v AGEs 

SECTION 1. (a) No employee, except as hereinafter provided, shall 

be paid less than at the rate of forty ( 40) cents per hour. 

(b) o clerical or office employee shall be paid less than at the rate 

of fifteen ($15.00) dollars per week; provided, however, that office 

boys, office girls, and me sengers may be paid not less than eighty 

(80 ) percent of the fifteen ($15.00) dollar rate herein fixed; but 

the total number of such office boys, office girls and me sengers so 

paid shall not exceed five ( 5%) percent of the total number of office 

and clerical employee of the employer, but in any case such employer 

shall be entitled to employ and so pay at least one (1) such employee. 

SECTION 2. This Article establishes minimum rates of pay, regardle of whether an employee is compensated on a time-rate, piecework, or other basi . SEcTIO~ 3. Prompt adju tment mu t be made in all rates in which 

equitable adjustments have not been made or are not in effect. In no 

case shall the hourly or piece rates be reduced as a result of adjustments in the hourly working schedules. Each member shall report 

the action taken to the Code Authority within thirty (30). days 
198 

after the effective date and to the Administrator on request by the 

Administrator. 

SECTION 4. A per on who e earning capacity is limited because of 

age or physical or mental handicap may be employed at a wage below 

the minimum established by this Code if the mployer obtain from 

the tate Authority designated by the United State D0 parbnent of 

Labor a certificate authorizing his employment at uch wages and 

for such hours as hall be stated in the certificate. Such Authority 

shall be guided by the instructions of the Department of Labor in 

issuing certificates to such ·persons. Each employer hall file with 

the Code Authority a li t of all such persons employed by him. 

Sr-:cTION 5. Female employees performing sub -tantially the same 

work a male employees shall receive the same rate of pay a ma.le 

employee ; and where they replace men, they shall receive the same 

rate of pay as the men they displace. The Code Authority shall 

within ninety ( 90) days after the effective date of this Code file 

with the Administrator a description of all occupations in the 

I ndu try in which both men and women are employed. E 'TIO r 6. Nothing contained in this Article IV hall apply to or 

affe t student learners who are employed part time in the factories 

of this I ndu try where they receive instruction as part of their 

course of studies at an institute of learning. 

SECTION 7. Apprentices shall be regularly indentured for a sufficient period of time to be systematically advanced through the 

various operations in any one of the trades or occupations. The 

number of apprentices shall not exceed a ratio of one (1) such apprentice to ten (10) competently skilled journeymen employed by the 

employer in the I ndustry. Copies of all apprentice contracts shall 

be filed with the Code Authority and be subj ect to review by the 

Administr ator. 

ARTICLE V - ADDITIONAL L ABOR PROVISIONS 

ECTION 1. (a) o person under sixteen (16) years of age shall 

be employed in the Industry. 

(b) ,vithin ixty (60) days after the effective date, the Code 

Authority shall compile and submit to each member and to the Ad- mini trator a list of operations and occupations in the Industry 

which are hazardous in nature or dangerous to health, and after 

receipt of such list no person under eighteen (18) y ars of age 

shall be employed by any member at such operati n or oc upations. (c) In any state an employer shall be deemed to have complied 

with this provi ion a to age if he shall have on file a c rtificate or 

permit duly . ign d by the authority in such state empow red to 

is ue employment or age certificates or permit showing that the 

employ e is of the r quired age. 

SE TI N 2. In n pliance with Section 7 (a) f the A t it is 

provided : 

(a) That mploy hall have the right to rganiz an l bargain 

collectiv ly thr ugh reJ r , ntati ves of their own h o. ina and hall 

b free from th int rf r nee, restraint or co r ion f mploy rs of 

labor, or th ir ag n , in the d signation of su h r pre. ntativ s or 

in elf-oraanizabon or in oth r c ,ncert d a ·frviti s for tl1 puq o e 

of c llecbv bargainino- r th r mutual aid or pr terti n. 
199 

(b) That no emplo. ee and no one seeking employment shall_ be 

required a a n htion of emplo) ment to join any company u~1on 

or to refrain from joinin · rganizing, or asc::isting a labor organization of hi own choo ing. 

( c) That emplo) er hall comply with th~ !Ilaximum hours of 

labor minimum rates of pay and ther cond1t10ns o:f employment 

approved or prescribed by the Pre ident. 

ECTI0N 3. .,. o emplo er hall recla ify mployees or duties of 

oc upation perform d or engage in any other ubter:fuge for the 

purpose of defeating the purpose or provisions of the Act or of this 

Code. 

SECTION° 4. En~ry employer hall make reasonable provision for 

the safety and health of hi empl yecs at the place and during the 

hours of their employment. Standards for afety and health shall 

be submitted by the ode Authority to the Administrator for 

approYal within ix (6) month. after the effective date of this Code. 

SECTIO~ T 5. o provi iori in thi Code shall upersede any State or 

Federal law whi h impo e on employers more stringent requirements 

as to age of employees wage , hours of work, or as to safety, health, 

sanitar or general workino- conditions, or in urance or fire protection, than a imposed by this Code. 

ECTIO.cT 6. Th po ting provisions of this Code shall be 1n 

accordance with orders by the Pre ident or the Administrator. 

ARTICLE VI-ADMINISTRATION 

SEcTIOi: 1. Organization and Constitution of the Code Authority : 

(a) The Code Authority shall consist of nine (9) individuals, 

or such other number as may be approved from time to time by the 

.Administrator, to be selected as hereinafter set forth. The Administrator, in his discretion, may appoint not more than three (3) additional members ( without vote) to represent the Administrator 

or such group or interests as he may designate. 

(b) Eight ( 8) member of the Code Authority shall be elected 

by the members of the Industry who are members of the In titute. 

This el ction shall be held at a meeting of the Institute such meeting to be called by the Institute within fifteen ( 15) days after the 

effectiYe date of this Code. ( c) T otice of uch rn.eeting shall be sent to all members of the 

In titute and each member hall be entitled to such vote or votes 

as determine<l by the By-Laws of the Institute, said vote or votes 

to be ca t in per on or by proxy or by letter ballot. 

( d) A plurality of the number of vote cast shall be nece ury 

for election and individuals so elected hall serve :for one (1) year, 

at the end of which time there shall be another election in the ame 

manner as above set forth. 

(e) One (1) member o:f the Code Au ... hority shall be elected if 

de...,ired by members of the Industry who are not members of the 

Institute, but who agree to pay their proportionate share of the 

expen. e of aclmini tration of the Code, at a meetin~. duly called for 

them by the I n titute, within fifteen (15) days atter the eiie tive 

date of the Code. 

(f) E-very member of the Indu try outside of the Institute who 

is registered with the In ti ute or whose identity and addres can 
200 

be ascertained through diligent inquiry, shall be notified by the 

Institute o:f the time and place o:f such meeting by registered mail, 

at least ten (10) days in advance of the election and each of the 

non-members shall be entitled to one (1) vote, said vote to be cast in 

person, by proxy or by letter ballot. 

(g) A plurality of the number of vote cast shall be necessary 

:for election and the individual so elected shall serve :for one year, at 

the end of which time there shall be, i:f desired, another election 

held in the same manner to elect a successor. 

(h) In case the non-members-o:f the In titute :fail to elect a representative to serve on the Code Authority, its membership will be 

automatically reduced to eight (8) individuals. (i) Any individual elected to the Code Authority hall be eligible 

to re-election. 

(j) If, however, selection by the Industry is impossible :for any 

reason, the member o:f the Code Authority shall be appointed by 

the Pre ident. Vacancies in the Code Authority shall be filled by 

elections conducted in the manner set forth above. 

SECTION 2. Each trade or industrial association directly or indirectly participating in the selection or activities o:f the Code Authority shall: (a) impose no inequitable restrictions on membership 

and (b) ·ubmit to the Administrator true copies of it articles of 

a ociation, by-laws, regulations, and any amendments when made 

thereto, together with such other information as to membership 

organization, and activities as the Administrator may deem necessary 

to effectuate the purpo es o:f the Act. 

SECTION 3. In order that the Code Authority shall at all time 

be truly representatiYe of the Industry and in other respects comply 

vYith the provisions of the Act, the Administrator may provide such 

hearings as he may deem proper; and thereafter if he hall find 

that the Code Authority is not truly representative or does not in 

other respects comply with the provisions of the Act, may require 

an appropriate modification in the method of selection of the Code 

Authority. 

SECTION 4. If the Administrator hall determine that any action of 

the Code Authority or any agency thereof may be unfair or unju t 

or contrary to the public interest the Administrator ma3 require 

that such action be suspended to afford an opportunity :for inYe tigation of the merits of such action an l further consideration by u h 

code authority or agency pendino- final action which hall not be 

effective unles the Administrator approve or unl he hall fail 

to di approYe a:fter thirty ( 30) da notice to him of intcnb n to 

proceed with such action in its original or modifi ed :form. 

E TIO... 5. Each member of the Indu try hall furni h to the 

ode Authorit uch information an l tati ti s regardino· hours of 

per ati n, w_ao- paid a_nd pri e a n~a , b r quired by it with a 

Y1 w t k prng the Pre 1dent of th mt d tat an l th dmini. -

tr3:tor inf rm d a to wh ~her the o le Authority i takino· appr - nate tep to ff tuat 1n all r p ct the declared p li f the 

ational Indu trial Reco ery t. 

~ ~ ~ro ... T ~- In orde~ to pro ide the data nee . ar . f r th pr p r 

aflm 1111. tra 1 11 o:f th1 Cod th o<le Authont 1s authoriz l to 

coll ct from rn mber of the Indu try all data, r port , and tati ti 
201 

when and as required by the Presid nt and/or the Administrator 

and/or their agent or ag nts and/or the ode Authority. Each su ·h 

memb r shall send hi · confidential data si5 nec1 by hjm or his prop r 

agent to a neutral agency, bound to ccrecy, designated by the ode 

Autl. rity, in a plajn envelop contained in an env lope addr s d 

to the neutral agency. This neutral agency hall as ·emble all ·u h 

data and present to the Code uthority only the combined totals. 

Each uch member shall retain copies of his own data to be sent 

dire t by him to the dministrator, if required by the latter. Reports submitted by the Code Authority to the President and/or 

the Administrator shall be in the form prescribed ::mcl/or approved 

by him. 

SE TION 7. Members of the Industry shall be entitled to par -icipate 

in and hare the benefits of the activities of the Code Authority and 

to participate in the election of the members thereof by a enting 

to and complying with requirements of this Code, and su taining 

their reasonable share of the expense of its admini tration. The 

reasonable share of the expenses of administration hall be determined by the Code Authority, subject to review by the Administrator, 

on the basis of volume of busines and/or such other factors, as 

may be deemed equitable. 

SECTION 8. In addition to the information required to be submitted to the Code Authority there shall be furnished to government 

agencies such statistical information as the Administrator may deem 

necessary for the purposes recited in Section 3 (a) of the Act, and 

nothing herein contained shall relieve anyone of any existing obligation to furnish reports to Government agencies. 

SECTION 9. The Code Authority shall have the following further 

duties and powers to the extent permitted by the Act: · 

(a) To adopt by-laws and rules and regulations for its procedure and for the administration of this Code. 

(b) To represent the Industry in conferring with the President 

or his agents with respect to the administration of this Code and 

in respect of the National Industrial Recovery Act and any regulation issued thereunder. 

( C) To !lear complaints and attempt to adjust the same, under 

such ruies and regulations as may be prescribed by the Administrator. 

( d) To coordinate the administration of this Code with such 

codes, jf any, as may be adopted by any subdivision of this Industry or any related industry, with a view to providing joint and harmonious action on all matters of common interest, all with tho 

appro,al of the Administrator. 

( e) To consider proposals for amendments or modifications and 

make recommendations from time to time which amendments or 

modifications will become effective as part of the Code, upon 

approval of the Admini trator after such notice and hearing as he 

may ·pecify. 

( f) To make rule and regulations nece ary for the administration and for facilitating the enforcement of thjs Co le, under such 

rules and regulation as may be pres ribed b the dministrator, 

subject to the right of any affected person to appeal to the Administrator. 
202 

ARTICLE VII-UNFAIR PRACTICES 

The follo"Wing practice con titute unfair methods of competition 

for member of the Industry and are prohibited: 

(a) Defwnation.-The defamation of competitors by falsely imputing to them di honorable conduct inability to perform contracts, 

questionable credit tanding, or by other false representation or by 

the fal e di paragement of the grade or quality of their goods. 

(b) er:1·et R ebates.-The secret payment or allm ance of rebate , refund commi ions credits, or unearned di counts, whether in 

the form of money or otherwi e or the ecret extension to certain 

pur ·ha ers of pecial serYices or privilege not extended to all purcha er on like term and condition . 

( c) I naccurate L abelling.-The branding or marking or packing 

any goods in any manner which i intended to or doe deceiYe or 

mi lead purcha er with re pect to the brand, grade, quality, quantity, 

origin, size, ub tance character nature, finish material content 

or preparation of uch goods. 

( d) Jlf isrepresentation or False or Misleading Adve1·tising.-The 

making or cau ing or knowingly permitting to be made or published 

any fal e, rnateriall5 inaccurate or deceptiYe statement by way of 

adverti ement or other"Wise, whether concerning the grade, quality, 

quantity substance, character, nature, origin, size, finish, or preparation of an5 produ t of the Industry, or the credit terms, values, policie., or seTvice of any member of the Industry, or otherwi e, having 

the tendency or capacity to mislead or deceive customers or prospecti Ye customers. 

(e) 001nm, rcial Bribery.-The giving, permitting to be given, or 

directly offering to give anything of value for the purpose of influencing or rewarding the a ·tion of any employee agent, or repre entati e of another in relation to the bu iness of the employer of such 

employee, the princi1 al of uch a o-ent or the r pre entecl party, 

,vithout the knowledge of . uch employer principal or party. Commercial bribery proYi ion hall not be con trued to prohibit free 

and aeneral di tribution of article mmonly u ed for adYerti ing 

except o far as uch article are actually u ed for co111mer ial 

briber a hereinabove defined. 

(f) Cash Di counts.-The allowance of a ca h ii count wh n payment is made after the date reo-ularly e tabli heel for ca h di count 

by uch member· in no ca hall the ca h di count allowed xceed 

two (2% ) per ent. 

(g) Othe1' nfafr Traclt: Pi·a ·tic ._ .-J. T othing in thi ode shall 

limit th eff e t f any adj LHli ation b th ourt or hol ling bv th 

F d ral Trad ommi. i n n omplaint, finclino- and or l r. that 

an practic . r rneth l i. unfair. Ir vidino· that uch ac1jndication 

or holdino- i not in on. 1. t nt witl any I rovi. ·i n of th t r of 

thi · od . 

ARTI LE VIII- :rEXER_\L Pr: \'I IO.~ 

E "TI iT 1. Modification .-(a) Thi de anl all th 

thereof are xpr . ..:ly ma l subj t to the ri ·ht of tl 

in acr rc1an c with th pro, i. ion f u b. ction (b) of c i n 10 

of th T ational Indu ·trial Re OY ry ct, fr m tim to time to 
203 

cancel or modjf any order, approval, lie n. e rule, or re 'Ulation 

is u 1 un l r Titl I f aid and pecifically but without limitation t th right of the Pre ident to can 1 or modify hi appr val 

of th i ode or any on liti n imposed by him upon his approval 

ther of. 

(b Thi. Co le, xcept as to proYi ions required by the ct may 

be m difi0cl on th asi f exp rience or change in ir umstances, 

such moclifi ations to be ba eel upon application to the clmini trator 

an 1 sw·h noti e an 1 hearin.o- as h" hall c::peci£3, and to become effectiv on apprcrval of tlw A lmini::;tr. tor. 

~E Tro.J.- ':...-. 1.. ~ othing · n thi. Cvle <::hall be on, tru cl a prohibiting any member of the Inclu try from exerci ing all hi lawful 

patent rights. 

ARTICLE L .. r_.r 1o_ TOPOLIES 

No pro,i ion of thi Code shall be so applied as to permit monopolies or monopolj tic practice , or to eliminate, oppre or discriminate again mall enterpri...:es. 

RTICLE X-EFFECTIVE D ATE 

This Code sh all b 0 corne eff ech, e on the second 1\r1onday after its 

approval by the P r sident. 

Approved ode No. 3 7. 

Registry r o. 1399-28. 

0 

' 
UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIII IIII IIIII IIII II IIIII I I 

3 1262 08582 9017 

'