UNIVERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIIIII II IIIII IIII Ill 111111111111111 

3 1262 08482 9794 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR C·OMPETITION 

FOR THE 

BOOK CLOTH AND 

IMPREGNATING INDUSTRY 

AS SUBMITTED ON AUGUST 28, 1933 

REGISTRY No. 299-29 

The Code for the Book Cloth and Impregnating Industry 

in its present form merely reflects the proposal of the above-mentioned 

industry, and none of the provisions contained therein are 

' ... 

tolbe regarded as having received the approval of 

the National Recovery Administration 

as applying to this industry 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

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

V 
·-..; 

Digitized by the Internet Archive 

in 2011 with funding from 

University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation 

http://www.archive.org/details/codeoffaircompet9794unit 
CODE OF FAIR COMPETITION FOR BOOK CLOTH AND 

IMPREGNATED FABRICS INDUSTRY 

For the purpose of complying with the provisions of Title I of the 

National Industrial Recovery Act, and effectuating the policy of 

Congress as declared in said Act, in so far as applies to the within 

Industry, the following conditions and principles are adopted as a 

Code of Fair Competition (hereinafter referred to as the "Code"), 

for the Book Cloth and Impregnated Fabrics Industry. 

ARTICLE I-1. DEFINITIONS 

(a) "Act" means National Industrial Recovery Act. 

(b) "President" means the President of the United States of 

America. 

(c) "Administrator" means the duly appointed representative of 

the President to administer the National Industrial Recovery Act. 

(d) "Institute" means the Institute of Book Cloth and Impregnated Fabrics Manufacturers, 103 Park Avenue, New York City. 

(e) "Industry" means and includes all corporations, firms, or 

individuals in the United States, actively engaged in the manufacture 

of book cloths and/or impregnated fabrics for bookbinding purposes. 

(f) "Persons" means natural persons, partnerships, associations, 

cor~orations, and trusts, including trustees in bankruptcy and 

receivers. 

(g) "Effective Date" means the first Monday after the first 

Tuesday after this Code is duly approved by the President. 

(h) "Employees" means those persons employed in the manufacture of book cloths and/or impregnated fabrics. 

ARTICLE II-MEMBERSHIP 

Any member of the Industry is eligible for membership in the Institute. The provisions of this Code, in so far as provided by the Act 

shall be applicable to all members of the Industry, and each member 

thereof shall be responsible for his pro rata share of reasonable costs 

and expenses for creating and administering this Code. 

ARTICLE III-HouRs OF LABOR, RATES OF PAY, MINORS, AND 

OTHER CONDITIONS OF EMPLOYMENT 

SECTION 1. Hours of Labor.-(a) This section shall be applicable 

to all employees except salesmen and those occupying executive, 

administrative, supervisory, or technical positions. 

(b) On and after the effective date the hours of work for employees, 

except those enumerated above and hereinafter, shall be limited to a 

maximum of forty (40) hours per week, except for employees engaged 

8224-33 (1) 
2 

in the operation of such machines as dyeing, bleaching, and drying 

machines, when used only as part of a continuous process where the 

goods would be jeopardized by interruption, and in which latter case 

the hours of work shall be not in excess of forty-eight (48) hours per 

week. 

(c) On and after the effective date the maximum hours of labor 

of repair shop crews, engineers, firemen, electricians, and watchmen 

in the Book Cloth and Impregnated Fabrics Industry, shall, except 

in case of emergency work, be forty (40) hours a week with a tolerance of ten (10) percent. Any emergency time in any mill shall be 

reported monthly to the Institute. 

(d) On and after the effective date the maximum hours of labor 

for office employees in the Industry shall be on an average of forty 

(40) hours per week in any consecutive period of six months. 

SEc. 2. Minimum Wages.-(a) On and after the effective date, the 

minimum wage to be paid any employee in this Industry-except 

learners during a six weeks' apprenticeship-shall not be less than 

thirty-five (35) cents per hour in the North Section nor less than 

thirty-two and one half (32%) cents in the South Section. In the 

case of employees whose compensation is based on measure other 

than time, total con1pensation paid shall be no less than such employee 

would be entitled to receive if the compensation was measured by a 

time rate. Nothing contained in this statement is intended to set a 

maximum pay for anyone employed within the Industry. 

(b) No employer in the Industry shall pay to any accounting, 

clerical, office, service, or sales employee less than $15 per week in 

any city of more than 500,000 population, or in the immediate trade 

area of such city; not less than $14.50 per week in any city of between 

250,000 and 500,000 population, or in the immediate trade area of 

such city; not less than $14 per week in any city of between 2,500 

and 250,000 population, or in the immediate trade area of such city, 

and in towns of less than 2,500 population to increase all wages by 

not less than twenty (20) percent, provided that this shall not require 

wages in excess of $12 per week. 

(c) Provided, however, That where a State law specifies a higher 

minimum wage, no member of this Industry shall employ within such 

State, any person at a rate below the wage specified by such State law. 

SEc. 3. Minors.-On and after the effective date, employers in the 

Book Cloth and Impregnated Fabrics Industry shall not employ any 

person under sixteen (16) years of age; provided, however, That where 

a State law specifies a higher minimum age, no member of this Industry shall employ within such State, any person below the age 

specified by such State law. 

SEC. 4. Employee Organization and Bargaim:ng.-(a) Employees 

shall have the right to organize and bargain collectively through 

representatives of their own choosing, and shall be free from the 

interference, restraint or coercion of employers or their agents in the 

designation of such representatives, or in self-organization, or in other 

concerted activities for the purpose of collective bargaining or other 

mutual aid or protection. 

(b) No employee, and no one seeking employment in the Industry, 

shall be required as a condition of employment, to join any company 

union, or to refrain from joining, organizing, or assisting a labor 

organization of his own choosing. 
3 

(c) Employers shall comply with the maximum hours of labor, minimum rates of pay, and other conditions of employment, approved 

or prescribed by the President. 

ARTICLE IV-ADMINISTRATION 

The Institute is hereby designated the Agency to cooperate with 

the Administrator in administering, supervising and promoting the 

performance of the provisions of this Code by the members of the 

Industry. 

ARTICLE V-REPORTS 

(a) With a view to keeping the President and the National Recovery Administration informed as to the observance or nonobservance 

of this Code, and as to whether the members of the Industry are taking 

appropriate steps to effectuate the declared policy of the Act, and to 

provide for making available to the Administration and members of 

the Industry, information concerning the Industry, each member of 

the Industry shall prepare and file with the Secretary of the Institute 

and to be distributed by the Institute at such times and in such manner as herein or hereafter may be prescribed by the Institute, reports 

and statistical data covering and relating to the number of persons 

employed, wage rates, hours of work, volume of production, volume 

of sales and/or shipments billed, stocks on hand, and such other data 

as may be useful to the Industry which may be specified or required 

by the Institute, subject to the approval of the Administrator, or by 

the Administrator. 

(b) Upon the effective date, or at such time thereafter as the Institute may determine, each member of the Industry shall file with the 

Institute, price schedules, price lists, and/or discount sheets covering 

products of the Industry currently sold, including therein base prices, 

net prices, basing points, terms, discounts, allowances, and all conditions relating to or in anywise affecting any sale of the same. 

Whereupon the Institute shall immediately send copies of the same 

to all members of the Industry who have signed or approved this 

Code, or who may be subject to this Code and who have so filed 

with the Institute such schedules, lists, and/or discount sheets. 

(c) Revisions of such price schedules, lists, and/or discount sheets, 

may be so filed from time to time thereafter by any member of the 

Industry to become effective upon the date specified therein, but 

such schedules, lists, and/or discount sheets, shall be filed with the 

Institute two (2) business days in advance of the effective date, 

unless the Institute shall authorize a different period. Thereupon 

copies of all such revised schedules, lists, and/or discount sheets, 

with notice of the effective dates thereof specified, shall be immediately 

sent by the Institute to all such members of the Industry, who thereupon may file, if they individually so decide, to be promptly and 

similarly distributed, revisions of their price schedules, lists, and/or 

discount sheets, which shall become effective upon the date when the 

revised price schedules, lists, and/or discount sheets first filed shall 

go into effect. 

(d) No member of the Industry shall sell directly or indirectly by 

any means whatsoever any product of the Industry covered by the 

provisions of paragraphs (b) and (c) of this Article Vat a price lower, 
4 

or at discounts greater, or on more favorable terms of payment than 

those provided in his current price schedules, lists, and/or discount 

sheets, filed and distributed as herein provided. 

(e) All reports, statistics, data, and information filed in accordance 

with the provisions of this Code shall be duly certified, when requested 

by the Institute or the National Recovery Administration, and the 

same shall be confidential, and the individual figures and data filed 

by each member of the Industry shall be compiled with similar reports 

and data from the other members of the Industry, and distributed to 

members of the Industry in combined totals, except as may be otherwise specified by the Institute. But in no event shall the individual 

reports of volume of production, volume of sales, orders received, 

unfilled orders, stocks on hand, or any data filed only for compiling 

purposes be revealed or disclosed by the Secretary of the Institute, 

except as may be required by the National Recovery Administration 

for the purpose of facilitating the administration and enforcement of 

the Act and the provisions of this Code. 

ARTICLE VI-IMPORTS 

The Institute, through its Secretary or duly authorized Committee 

may investigate and inform the President of the United States, or the 

Administrator on behalf of the Industry as to importations of competitive articles into the United St.ates selling on a price basis that 

undersells similar articles of domestic manufacture, and the extent to 

which said underselling shall render ineffective or seriously interfere 

with the maintenance of this Code, and which may be made the basis 

for complaint to the President or Administrator on behalf of the Industry under the provisions of the Act with respect thereto. 

ARTICLE VII-TRADE PRACTICES 

Upon the effective date of this Code, ethical and commercial 

principles and practices as set forth in Exhibit "A" hereto annexed .and made a part of this Code shall be observed as standards for this 

Industry, and deviations therefron1 or violations thereof shall be regarded as a violation of this Code. 

ARTICLE VIII-VERIFICATION OF REPORTS-TRADE PRACTICES 

All reports, statistics, data, and information required by thi~ Code 

to be filed with the Institute, and the trade practices set forth in said 

Exhibit A shall be subject to verification and the checking of the 

books an<l records of the members of the Industry, by a competent 

and disinterested person at such time or times, and by such person 

or persons as may be determined by the Institute. Provided, if it 

should appear as determined by such disinterested person or persons 

that the reports, statistics, or data were not filed when and as required by this Code, or were willfully inaccurate, or that any member of the Industry had indulged in trade practices 1n violation of 

this Code, the expense of such verifying work shall be paid to the 

Institute by the member of the Industry so in default. 
5 

ARTICLE IX-APPLICATION 

If any employer of labor in the Industry is also an employer of 

labor in any other industry, the provisions of this Code shall apply 

to and affect only that part of his business which is included in this 

Industry. 

ARTICLE X-CANCELLATION OR MODIFICATION OF GOVERNMENT 

APPROVAL 

As required by Section 10 (b) of Title I of the Act, the following 

provision is contained in this Code: 

The President may from time to time cancel or modify any 

order, approval, license, rule, or regulation issued under this 

Title I. 

ARTICLE XI-AMENDMENTS 

Such of the provisions of this Code as are not required to be included therein by the National Industrial Recovery Act may, with 

the approval of the President, be modified or eliminated as changes 

in the circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code 

or additional Codes will be submitted for the approval of the President to prevent unfair competit10n in price and other unfair and 

destructive competitive practices and to effectuate other purposes and 

policies of Title I of the National Industrial Recovery Act consistent 

with the provisions thereof. 

Approved at meeting on August 17, 1933. Attended by the 

following manufacturers representing the entire industry: Athol 

Manufacturing Company; Joseph Bancroft & Son; The Columbia 

Mills, Inc.; E. I. Du Pont de Nemours & Co.; The Holliston Mills, 

Inc.; Interlaken Mills; Special Fabrics Company; The Western 

Shade Cloth Company. 

EXHIBIT A-TRADE PRACTICES 

No member of the Industry shall adopt any of the trade practices 

enumerated in this Exhibit, and the indulgence in any such trade 

practices shall be regarded as an unfair method of competition and 

a violation of this Code. 

l. Interference with Existing Contracts.-Knowingly or wilfully 

interfere with an existing contract for the sale and purchase of products of this Industry, nor induce, attempt to induce, or assist a party 

to break an existing contract for the sale of any products of this 

Industry. 

2. Commercial Bribery.-Offer, give, or pay money or anything of 

value to anyone in order to induce the sale, purchase, or use of the 

products of this Industry. 

3. Defamation of Competitors.-Wilfully make, cause, or permit to 

be made or published any false statements or misrepresentations of 

or concerning the business, policies, methods, or products of a 

competitor. 

4. Enticing Employees.-Employ or entice employees of a competitor with the purpose and effect of unduly hampering, injuring, or 

embarrassing said competitor. 
6 

5. Piracy of Trade Marks.-Imitate trade marks, trade names, 

slogans, or other marks of identification of another member of the 

Industry. 

6. False Advertising.-Make, cause, or permit to be made or published any false, untrue, or deceptive statement by way of advertising 

or otherwise, concerning any grade, quality, substance, character, 

origin, or preparation of any product of this Industry. 

7. Misbranding.-Falsely mark or brand packages or products of 

this Industry, for the purpose or with the effect of misleading or 

deceiving purchasers or others with respect to quality, quantity, 

character, grade, or substance thereof. 

8. False I nvoicing.-Withhold from or insert in invoice facts which 

would 1nake the invoice a false record wholly or in part of the transaction in question, or make any arrangement which would contemplate payment or settlement contrary to the face of the invoice. 

9. Postdate or Predate Contract or Invoice.-Postdate or predate 

contracts or invoices covering products of this Industry. 

10. Secret Rebates.- Pay or allow secretly, rebates, refunds, commissions, or discounts, whether in the form of money or otherwise. 

11. Requirement Contracts.-Accept requirement contracts. All 

contracts or orders shall be for a definite yardage of a grade and 

width, with not more than a plus or minus tolerance of 10%, and for 

deliveries within a definite period. 

12. Advertising Allowances.- Make any advertising allowances 

directly or indirectly to any person, or offer free advertising to induce 

a sale. 

0