Approved Code No. 415 Registry No. 316-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

COMMERCIAL FIXTURE 

INDUSTRY 

u.s. 

AS APPROVED ON MAY 3, 1934 

WE DO OUR PART. 

I I I I I 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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v 
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Printing Office, WasbinO'ton. D.C., and by district offices of the Bureau of Foreign 

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DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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Birmingham, Ala. : 257 Federal Building. 

Boston, l\la s.: 1801 Customhouse. 

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

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

Chicago, Ill.: Suite 1706. 201 Nortll Wells Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: bamber of Commerce Building. 

Detroit, l\lich. : 01 First National Bank Building. 

Houston, Tex. : bamber of Commerce Building. 

Indianapolis, Ind. : hamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore AYenue. 

Los Angeles, Calif.: 1163 South Broadway. 

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

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Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 415 

CODE OF FAIR COMPETITION 

FOR THE 

COMMERCIAL FIXTURE INDUSTRY 

As Approved on May 3, 1934 

ORDER 

APPROYING CoDE OF FAIR CoMPETITION FOR THE CoMMERCIAL FIXTURE 

INDUSTRY 

An application having been duly made fursuant to and in full 

compliance with the provisions of Title I o the National Industrial 

Recovery Act, approved June 16, 1933·, for approval of the Code of 

Fair Competition for the Commercial Fixture Industry, and hearings ha,'ing been duly held thereon and the annexed report of said 

Code containing findings with respect thereto, having been made and 

directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

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

193'3, and otherwise; do hereby incorporate by reference said annexed report and do find that said Code complies in all respects with 

the pertinent provisions and will promote the policy and purposes 

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

Competition be and it is hereby approved; provided, however, that 

the definition of the industry as set forth in Article IV of the Bylaws 

of N.ational Commercial Fixture Manufacturers' Association be 

altered to conform to the definition of the industry as set forth in 

said Code of Fair Competition before the election of the Code Authority as required by said Code. 

l-IUGH S. JOHNSON, 

Administrator for lnwustrial R ecovery. 

Approval recommended : 

A. R. GLANCY' 

Di visional Adnd nistrator. 

\YASI-HXGTO~T . D.C., 

111 ay 3, J[J34. 

566 7°-544-18-34 ( 391) 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The White H o'U8e. 

Sm: This is a report on the Code of Fair Competition for the 

Commercial Fixture Industry in the United States, as revi ed after 

the hearina conducted in Washington on December 7, 1933, in 

accord an e with the pro i ions of the National Industrial Re overy 

Act. 

PRO VI IONS OF THE CODE AS TO HO R , W A E , AND GENERAL LABOR 

PROVISIONS 

This Code provides for a maximum work week of forty ( 40) 

hours with the following exceptions an exemptions: 

(a) Employee engaged as truck drivers who shall not be permitted to wm+ in exces · of forty-four ( 44) hours in any one w ek. 

(b) Employees engaged as watchmen and firemen in manufacturing operations who shall not be permitted to work in excess of an 

average of forty-eight (48) hours per week in each two weeks period. 

(c) Employees engaged in executive or managerial work who 

receive thirty-five dollars ($35.00) or more per week and traveling 

salesmen. 

(d) Employees engaged on emergency maintenance or emergen y 

r pair work. 

This Code establishes a minimum rate of pay of forty cent ( 40¢) 

per hour except for take-off boys (machine tailers) who shall be 

paid not le s than eighty percent of this rate. 

No per on under sixteen year of age shall be employed in thi 

)ncln try and no person under eighteen year hall be employed at 

operation. or o cupations which are hazardous in nature or dana ron to health. The Code further provide. that no member of th 

in lu try shall reclassify employees or dutie of occupations p rformed or enO'age in any other ubterfuae for the purpo e of clef atin ·the purpo es or provi ions of the Act or of this Code. 

The Code further provid that ach member of the indu try 

shall comply with the reaulation of the Admini trator to po tin 

thi ode or portions of it and r quire. the pa ment of all wag s 

due in lawful curT ncy or by n go~iable ch ck ther for payabl n 

c1 mand. Th Co 1 furth r I rov1les that no employ e hall bo 

eli ·mi ed by rea. on f making a complaint or giving vid nee ith 

respect to a violation of thi de. 

E ONO H EFJ"E T F TilE ODE 

A cording to the stati ti al 

and Planning, the total sal . · 

(692) 

f the Di i i n of Re ar h 

lu ts of ev nty-thr (73) 
593 

reporting concerns of this Industry have decreased from $27,968,-

365.00 in 1929 to $6,610,913.00 in 1932, or a shrinkage of 74.6% in 

four years. Factory wages have likewise declined from approximately $9,434,229.00 in 1929 to $1,390,272.00 in 1933. The Industry 

is to a large extent influenced by the depression in the business of 

retail stores, the largest users of the products of this Industry. 

From the data furnished to the Division of Research and Planning it would appear that approximately 218 wage earners should 

b re-employed under the forty ( 40) hour week provided by the 

Code. Further re-employment will be dependent on and in direct 

proportion to the trend of construction of new and the alteration 

and rehabilitation of existing retail stores and similar establishments. The minimum wage rate established in this Code should 

increase the wages of approximately 26% of the factory wage earners in this Industry, and further equitable re-adjustment of wages 

is provided for all employees receiving more than the minimum 

\\age rate. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade 

groups, by inducing and maintaining united action of labor and 

management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the 

fullest possible utilization for the present productive capacity o:f 

ind'ustries, by avoiding undue restriction of production (except as 

may be temporarily required), by increasing the consumption of 

industrial and agricultural products through increasing purchas- ing power, by reducing and relieving unemployment, by improving 

standards of labor, and by otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50~000 employees; and is not classified by me as a major industry. 

(c) The Code as approved complies in all respects with the pertinent provisions of said Title I of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

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

an industrial group truly representative of the aforesaid Industry ; 

and that said group imposes no inequitable restrictions on admission 

to membership therein. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

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

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other teps of the economic process have 
594 

not been depriYe of the right to be hear prior to approval of aid 

Code. (g) Th evid nc u mitt 1 in upport of the. outh rn iff r ntial is not c nvincing anrl pr vision ha b en made for an invc ti- gation of aid diirercntial \ ith a iew to' ard its eliminati n, if 

possible. 

Fm th ·e r a on , ther fore I ha e approv d thi Code. 

Respectfully, 

~IAY 3, 1934. 

I:Iuan S. J HN. ON 

Adn~inist?'at&r. 
CODE OF FAIR CO:MPETITION FOR THE CO~!MERCIAL 

FIXTURE INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery 

Act, this Code is e tablished as a Code of Fair Competition for the 

Conunercial Fixture Industry and its provisions shall be the standard of fair competition for such industry and shall be binding upon 

very member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Commercial Fixture Industry", or "industry", as used herein, is defined to mean and include the fabricating and assembling of products of this industry and/ or in tailing 

of such products. 

SECTION 2. The term "products of the industry" or "products", 

as used herein, is defined to mean and include cases, shelving, cabinets, tables and bank fixtures for the purpose of displaying, merchandising, and/or storing and including such other interior treatment in connection therewith for any specific project to complete 

the service, merchandising, storing or the decorative plan. This 

definition specifically excludes (1) products predominantly made 

of metal, (2) commercial refrigerators, (3) refrigerated display 

counters or cases, and ( 4) the cooling or refrigerating agencies 

therefor. 

SECTION 3. The term "member of the industry " includes, but 

without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in the industry, either as 

an employer or on his or its own behalf. 

SEcTION 4. The term "employee" as used herein, includes any and 

all persons engaged in the industry, however compensated, except a 

member of the industry. 

SEcTION 5. The term "employer" as used herein, includes anyone 

by whom such employee is compensated or employed. 

SEcTioN 6. The term "Association " as used herein, is defined to 

mean the National Commercial Fixture Manufacturers' Association. 

SECTION 7. The terms "Act," and "Administrator" as used herein, 

mean, respectively, Title I of the National Industrial Recovery Act, 

and the Administrator for Industrial Recovery. 

ECTION 8. The term " southern ection " as used herein, is defined 

to mean the following states: South Carolina, Georgia, Florida, 

Arkansas, Alabama, :Mississippi, Louisiana, Arizona, Oklahoma, 

Texas and New ~Iexico. 

ARTICLE III-Houns 

SEcTION 1. M axin1wm H ours.-N o employee hall be permitted to 

work in excess of forty ( 40) hours in any one week, or eight (8) hours 

(595) 

• 
596 

in any twenty-four (24) hour period, or five (5) days in any one 

week xc pt a herein oth rwi e provided. 

E TION 2. E xceptions as to H O'tt/rs.-Excepted hall be employees 

engaO' 1 in rafting and le iminO' ork, who hall n t b p rmitted 

to work in ., of forty ( 40) h ur per week. 

E 'TI N 3. Ex ept l al 0 shall be clerical and offi rorloye ' 

wh shall not work or be p rroi t to '' ork in xc f forty ( 40) 

hour . I r w ck or fiv and one-half ( 51f2) days in any on week. 

SE TIO)i 4. ~ xc pt c1 al o hall be truck dri rs, h hall not 

'''or k or b I errni tted to work in exc of forty-four ( 44) hour in 

anv one we k. · E TION . E.rc pt d al o shall be watchmen and fir m n ngag d 

in manufacturing op ration , who hall not be permitte l to work in 

ex s of an average of forty- igl t ( 48) hours per w ek in each two 

\Y ek period. 

ECTION 6. Ex mpt·ions as to H oun.-Excepted al o hall b employ e engacred in executi e or managerial work w_ho receive thirtyfive ( 35. 0) dollars or more per week and traveling sale men. 

SECTIO 7. The maxin1um hours fixed in the foregoing pro i ions 

shall not apply to employee on emergency maintenance or emergenc repair \\Ork involving breakdowns or protection of life or 

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

(llh) time the norm_al rate hall be paid for hours work din exc s 

of the maximum hours herein provided. 

SEcTION 8. En~ployrnent by Several Employe·r ·.-No member of 

the industry shall knowingly permit any employee to work for any 

tin1e which, when totaled with that already performed with another 

m mber or member of the industry exceeds the maximum permitted 

herein. 

ARTICLE IV-\V AGES 

SEcTI N 1. Mini171/Urm 1¥ ages.-No employee shall be paid in any 

pay period les than at the rate of forty ( 40) cents per hour, with 

the exception of take-off boys (machine tailers) who shall be paid 

not le s than eighty ( 80) p rcent of this rate, provided however 

that uch take-off boys shall be limited in any calendar month to 

one for ea h twenty mployee emplo d by any one employer (a - counting and clerical emplo xc pt£d) but in any event each 

e tablishment ma employ on u h tak -off boy· provid d further 

that u ·h take-off boys shall not be em loyed for more than six (6) 

months at a rate les than the forty ( 40) cent p r hour minimum 

tablished abov . SECTIO 2. Pieoe-w01·k ompcn-sation-lllinimum. lVage .-This 

Article tabli he. a minimum rat £ ay which hall a ply irrepectiv f wh ther an mpl e i a tually omp n ated n a 

time ra , piec -work or oth r ba i . SECTION 3. m~ue Employ~ s.-Femal mploy p rforming 

sub tantiall. th ame ork a · mal cmplo ee shall r c ive th .·am rat of pa as male mplo r • 

ECTION 4. E asion through Re- mploym nt.- .mploy d at a rat in ex · · of th minimum hall b 

re-employed or replaced by an th r, at a lower rat 

of eva din (T the I rovi ion of thi Co e. 
597 

SECTION 5. ll age~ abo , llfinimum.-On or bcfor the eff ti1 e 

date eY ry employer shall male an quitable ac.lju tm nt of all wage 

rate· aboYe th minimum. In no ca...:e ~· hall wag~ rat . · be r lu ·ed, 

notwith tanding that the number of h 1\1', IYorked in ·u h mployment ma3 b hereby d ere a eel. No hange hall be male in I iece-

'"ork rate ~Vhich will r luce th hourly or laily earnino- · of I ieee 

worker . Th action tak n by each emr Ioyer in accordan e with thi · provi ion hall be reported to th Code Authority within thirty (30) 

clay after th effe tive elate of this Col and to th Admini tt·ator 

on hi r que t and hall be ubject to the A lmini b·ator' reYi w and 

eli appro al. 

SECTION G. Ha ndi apped Em,ploye .-A per. on who e earning capa ity i. limited becau. e of age, phy ical or n1.ental han licap, or 

oth ·infirmity. may be employe l on light work at a wao·e bnlow the 

minimum e tabli. heel by n Cod , if th employer obtain from the . tate anthorit}. clesio·nated by the L nited State Department of 

Labor. a certificate authorizing uch person's employment at uch 

wage and for uch honr. as shall be tatecl in the certificate. Such authorit~- hall be guided by the instructions of the United States 

D partment of Labor in i uing certificate to such per on . Each 

mployer hall file monthly with the Code Authority a list of all 

such per on employed by him, howing the wages paid to, and the 

maximum hours of work for such employee. 

SECTION 7. Southern Dijfe1·en tial.-The minimum wage of employee. in the . outhern . ection hall be ten (10) percent less than the 

minimum wage provided in paragraph (1) of this Article IV. This 

differential shall be the nbject of inves6gation and re earch by the 

Code Authorit"\ with a view to its elimination at the earliest time 

practicable to the industry. 

ARTICLE ' -GENERAL LABOR PROYISION 

SECTION 1. Ohild Labo-r Provisions.-No per on under sixteen (16) 

ear. of age shall be employed in the industry. No per on under 

eighteen ( 1 ) ear: of age shall be emplove l at operation. or occupation which are hazardous in nature or dangerou to health. The 

Code Authority shall submit to th Administrator within sixty (60) 

clay.· after the effective elate of thi.· Code a list of uch operation or 

occupation ·. In any State a member of the industry hall be deemed 

to haYe COmplied with thi prOYl. ion a ' to age if he nail have On file 

a certificate or permit duly is. ued by the agency in uch State em- powere l to i. sne mployment or age certificates or permits howing 

that the emr lo_vee i . of the required age. 

SEcTION 2. P1·o i ions from the Act.-In compliance with Se tion 

7 (a) of the Act it i provided: 

(a) That mployee hall have the right to organize and bargain 

ollecti' ely thr ugh repre entatives of their own choo ing, and hall 

be free from the interference, re traint. or coercion f employer of 

labor, or their agent. in the de ·ignation of uch repre entative or in 

elf-organization r in other concerted ac ivities f r the purpo. e of 

collective bargaining or other mutual ail or protection; 

(b) That no employee an l no one . eking employment ·hall be 

required a a condition of employment to join any company union or 

G66 -544-18-34--2 
598 

to refrain :from joining, orgG1nizing, or as:-;i~ting a labor organlzation of hi:-:. own choosing; and 

(c) T1Hlt employers shall comply ''ith the maximum hours of 

laLor, minimnm rate::; of puy, null other conditions of emplovmrnt 

appu>\·ed or prc~cribed by the President. 

SEcTwx 3. Poymcnt of lrogct'i.-All members of the indn::;try 

·hall may payment of all wage:-, due in lawfLtl currency or by negotiable check thf'refoi', pnyablP on tlernand. Employers shaJl agr 

that ''~<lge:-:. Hlwll lw paitl at the end of each \veekly period. These 

ages ~hall be exempt from any payment for pensions, insuranc 

or sick benefits other than tho~e Yoluntarily paicl by employees or 

required b~· law. .:\Iembcrs of the indu::,try or their agents shall not 

accept, directly or i_pdirectly, 1·ebates on such \vages or giYe anythiug 

of Yalue nur extend any favors to any per!::iOll for ihe purpof,C of 

infiuencjng rate~ of ~Vages or \Yorking conditions of their employee:;. 

The Jn·o, i~ions of thi~ s_ection regarding payment of wages at 

the end of each weekly penocl shall not apply to persons employccl 

in a 111anagcrial or executiYe capacity \Yho earn not less than thirtyfi,-e (~33.00) dollar:-:. per week, nor to persons employed in derical 

or office "·ork. Employers shall agree that the wages for persOir 

employctl in clerical or office ITorlc shall Le paid at the end of pay 

perioclH no: to exceed semi-monthly periods. 

EC'TIOX -!. lndustl'ial Relations BomY/.-There may be cstabli;,hed for the inclnstry a K ational Planning and Adjustment Board 

consisting of an equal number of represcntatiYes of employers and 

employees to ·which shall be referred and which shall deal with all 

matters relating to the promotion of better relations bet~Veen employer"> ancl employee~ within the industry and the furtherance of 

other matter:-. of their mutual interest. The Board may select an 

impartial chai1·man, subject to the approval of the Administrator 

who shall Yote only when the Board is unable to reach a cleci::;ion 

and all actions, findings, rulings and determinations of the Board 

hall he ~ubject to the right of reYiew by the Administrator. Th 

creation ancl functioning of the Board, including the selection of 

represc·ntatiYes of employee~, shall be in accordance with Section 

7 of the .... \.ct. The X ational Planning and Adjustment Boa rcl ma 

f:>tablish such :::-ub;.,i<.bary agencies constitued in like manner as it 

finds necessary. 

;ECTIO:K G. Rcclasoificalion of Employees.-No member of the industry shall reclassify employees or duties of occupations performed 

or engage in any other subterfuge for the purpose of Llefeating th 

purposes or pro,·i~io ns of the A.ct or of this Code. 

SECTIO:X G. State Laws.-N o provision of this Code shall ,snper-

;eclc any State or Federal Law ~Thich imposes on members of tho 

industry more ::.tringent requirements as to age of employees, '"ng hour~ of work, or as to safety, health, sanitary, or general working 

conditions, or in.c.;urance, or fire protection, than are impo::;ed by thi"' 

'ode. 

ECTION 7. Posting.-Each member of the industry shall compl 

with the rules and regulations of the Administrator as to posting 

this Code or portions thereof. 

SECTION 8. Standm·ds for safety ond Ilealth.-En:>ry employer 

shall make r easonable provision for the safety and health of his em-
ployee at the pla an l during the hour.. of th ir mployment. 

~tandar l · f r safety and health hall b .. ubmi.tted b th ocl ... \.nth rity t the .... \.d'mini h·ator within ·ix (6) m nth . aftnr the 

ffecti" lat of thi ode. 8E TI _ T • Di ·mis al.-X o em1l yee h, ll b dismi · · ll by 1· a on 

of mak · n · < omplaint or <Yi Yin<Y evi len with resp t to a 

Yiobtion f thi.' de. 

Ann 'LE YI 1

- HCL\.XIZATh~-, PowEHs A.·n D TIE' OF TFE Com~ 

A THORITY 

SE 'TI .. - 1. :\.. (ole Authority i her by ·onstitute l to cooperate 

with the . ..\. lmini ·trator in the aclmini tration of thi Cod . 

ECTI ~ ... .:..~ . The Code Authority hall con i. t o£ fiv (;5) memb r.· 

to be . electe l from member· o:f the inclu try who ar eliaibl under 

Se tion of thi Article at th time of election. 

The memb"'rs of the indu try shall elect industry members f the 

Code ~ uthorit} by a majority vote of members of the in lu try participatina in the electi n . l\I m.bers of the '1o le .Authority hall b 

elected from director , officer , or executive· of member of the industry. A many a but not exceeclino· two (2) of uch indn. try 

members of the Cocl ~~uthority shall b selected from those member. o.f the indn try "'"hich are not member of the As ociation. 

The complement of the indu try members of the Code Authority 

hall be lecte 1 from members of the indu try \Thich are member.s 

of th .\. . ociation. SE~Tro:x 3. The A. ·sociation is hereby designated a · an agency to 

conduct the lection of the members of the Code Authority within 

fifteen (15) day after the effective elate of this Code, and any other 

election· of member of the Code \..uthority which may thereafter b 

held. :;\Iember of the Code Authority shall be electe l to ser"e for 

a term of one (1) year or until their c::rtcces ors are el ctecl at the 

next annual meeting of the membe 'S o£ the industry. In the event 

of any vacancy in th membership of the Code Authority, a meeting 

of the members of the ii1du try shall be called and an lection ·hall 

be held within thirty (30) day after such vacancy hall have o -

currecl t fill the incomplete term of . ·uch member ·hip. K otices 

of the time ancl pla "e of each election shall be ent to all members 

of the in lustry and to the Aclmini trator at least ten (10) day. in 

acl,ance of uch election. Voting at each election may be by per. ·on, 

by proxy or b} letter ballot. Each member of the indtLtry hall 

haTe one (1) vote. 

The Aclmini trator may make . uch temporary appointm nts to the 

Code Authority as he may deem necessary in the ca e of and for 

the period of any vacancy. 

K o member of the Code .Authority shall a t in an. matter involving a member of the inclu. try b - whom h is employed or \Yith 

whom he i a ociate l or affiliated. 

:Member of the industry vi lating any of the provic::ions of thi,.. 

ode . hall not b entitled to reprec::entation on or participation in 

1 • ee paragraph :... Of order apprOYi o· this 'ode. 
600 

od Auth rity f r u h peri l 

n t 
601 

(a) To execute the provisions of this Cod and provide for the 

ompliance of the indu try with the provi ion of the Act. 

(b) To adopt by-laws and rule and re ·ulations for its proc dure 

anl for th admini tration and enforcement of thi Code. 

(c) To obtain from memb r of the indu ry such information 

and r rts a are required for the administration of the Code, ani 

to provid for submi ion by members of su h information and 

report a the Admini rator may deem neces. ar for the purposes 

r ited in Section 3 (a) of the Act, which information and reports 

c.hall b ubmitted by member to uch administrative andjor government agencies as the Administrator may designate; provided that 

nothing in thi Code shall relieve any member of the industry of 

an exi ting obligations to furnish reports to any government agency. 

1 o individual report shall be disclo eel to any other member of the 

indu try or any other party except to such governmental agencies 

as may be directed by the Admini trator. 

(d) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein provided that nothing herein shall relieve the Code Authority of its duties or responsibilitie under this Code and that such 

trade as ociations and agencies shall at all time be subject to and 

comply with the provisions hereof. 

(e) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the industry. 

(f) To secure from members of the industry an equitable and proportionate payment of the reasonable expenses of maintaining the 

Code Authority and its activities. 

(g) To cooperate with the Administrator in regulating the use of 

any N.R.A. insignia solely by those members of the Industry who 

have as ented to and are complying with the Code. 

(h) To recommend to the Admini .... trator further fair trade practice provisions to govern member of the industry in their relations 

with each other and measures for industrial planning including 

tabilization of employment. 

(i) To recommend to the Admini trator procedure with respect to 

credits, collections, and marketing, and such rules and regulations as 

may be neces ary with respect to ( 1) collection and interchange of 

credit information; (2) cooperative administration of insolvent 

debtor affairs; (3) terms of sale; (4) relationship with wholesale 

dealers and other eli tributor , and/or· ( 5) other aspects of credit , 

collections and marketing. 

(j) To appoint a .trade practice committee which shall meet with 

the trade practice committees appointed under uch other codes as 

may be related to the indu try for the purpo of formulating fair 

trade practices to govern the relationships between production and 

di tribution employer under this code and under uch others to the 

end that uch fair trade practices may be proposed to the 

Admini trator a amendment to thi code an l such other code . 

ARTICLE VII-TR \DE PRACTICE RuLE 

For all purposes of the Code the a t de crib d in this Article shall 

constitute unfair practice . Any member of the industry who shall 
602 

dir ctly, or indirectly throurrh an ffi er mployec rrcnt r repr -

entatiYe kno"ITjnrrly u mploy r p rmit to be Illi loy cl any of 

uch unfair practi hall be guilt of a violation of th o 1 . 

R LE 1. o member of th indu try shall use or publish a crti - ing ("ITheth r printe 1 radio eli play or of any o h r nature) whi h 

i mi leading or inaccurate in any material particular, nor hall any 

m mb r in any "ay mi r pr ent any O'OO (including ut ith ut 

limitation it u trade-mark oTadc quality quantity orio-in izc, 

sub -tance, charactnr nature, fini h mat rial ont nt r preparation) 

or r dit t nn Yalu , poli ics servic s, or th nature or form f the 

busine con 1 u t d. 

RULE 2. om mber of the indu try ·hall make fal · or li I arao·inO' 

tat ment with r pect to a ompctitor' bu in s m th d pra ti e. 

or produ t . 

R LE 3. o m mber of the indu try shall ll or furni h any 

material indu try I roduct, labor or ervice below his allowable co. t 

except t meet the ompetition of a memb r of the industry who:c 

allowab]e co t are lower. 

Th C d Authority hall cau e to be formulated an accounting 

y rem and method of co t finding and/or estimating capable of 

u e by all member of the indu try. After such sy tem and method 

have been formulated, and approved by the Administrator full 

detail ncerning them shall be made available to all member . 

Thereafter all memb rs hall determine andjor estimate co t in accord nee with the principles of such methods. Obsolete fixture , 

repo e ed products or surplus stocks and inventories which mu t 

be onverted into cash to meet immediate needs may be sold at su h 

pri e · a are nece ary to effect a sale, provided that all such sal 

are r ported to the Code Authority within ten (10) days after the 

sal i made or contract to sell entered into. No member of the indu ;try who, havino- once cla sified any design, pattern or pecification of a product of this industry as obsolete shall continue to manufacture uch pattern, design or specification for the purpo e of clef a tino- the provisions of this rule. 

R LE 4. No member of the indu try shall publi h r circulate unju tified or unwarranted threats o~ legal proceedinas w11i h tend t 

or have the effect of hara sing competitors or intimidating th ir 

cu t mers. Failure to pro ecute in due cour e hall be evi n e that 

any uch threat i unwarranted or unjustified. 

R E 5. No m mber of the industry shall off r or make any ecret 

or eli ·criminatory pa ment or allowance or a rebat refun , c mmi:. ion cr dit, unea,rne 1 di count or exces allow an ' h th r in 

ih form of m n y or otherwise, nor shall a memb r of the in u try 

offer or xt nd to any cust mer any e ret dis Timinatory · 

or pri Yil a for the I urpo e of influen ino· a sale. 

R LE Q. N m mb r of the indu try hall give rmit t b o-iven 

or dir tly offer t giv anythinO' f value for th I urp e of influ n ·ino- r r warding th action f any cmpl y ao- nt orr pr entatiY of an th r in r lation to h bu ·in . f th m mb r f h 

in u tr r £ such 1111 loy the prin ipal of u h ao- nt r th r 1 r -

sent l part with ut the kn wl d<:r f u h memb r f th indu.·tt-y 

prin i 1 al r party. Thi r vi i n . hall n t b n tru cl t pr -

hibi free and g n ral di tribution of articles commonly u · for 
603 

advertising except so far a uch articles are actually used for comm rcial bribery as hereinabove defined. 

RULE 7. No member of tl e industry shall attempt to induce the 

breach of an exi ting ontract between a competitor or cu tomer or 

source of supply; nor shall any such member interfere with or obstruct the performance of such contractual duties or services. 

RuLE 8. No member of the industry shall combine quotations 

r contracts for any product of thi industry with any quotation or 

contract for any other material, labor or service, for the purpose and 

with the intent of concealing the true elling price of the product 

of this industry. 

RULE 9. No member of the industry shall post-date or pre-date 

any contract, invoice, quotation or receipt, withhold from or insert 

in any contract invoice, quotation or receipt any statement which 

makes such contract, invoice, quotation or receipt a misleading or 

inaccurate statement eith-er in whole or in part, or accept or offer 

to accept any such contract with the effect of injuring the business 

of a competitor or violating the provisions of this Code. 

RULE 10. No member of the industry shall offer or give prizes, 

premiums, or gifts, in connection with the sale of products, or as 

an inducement thereto, by any scheme which involves lottery, misrepresentation, or fraud. 

RuLE 11. No member of the industry shall secure or attempt to 

secure confidential information concerning the business of a comp-etitor by a false or misleading statement or representation or by 

false impersonation of one in authority by bribery or any other 

unfair method. 

RULE 12. No member of the industry shall intentionally imitate or 

misappropriate the trade marks, trade designs or trade brands of 

a competitor for the purpose or with the intent of deceiving any 

purchaser or prospective purchaser. No member of the industry 

shall copy de igns, plans, or specifications prepared by a competitor for a specific project, or bid on designs, plans or specifications submitted to a prospective customer by a competitor for a 

specific project, under conditions creating a fiduciary relationship 

between such competitor and his prospective customer, without the 

knowledge and consent of such competitor. 

RULE 13. No member of the industry shall ship commodities on 

con ignment except under circumstances to be defined by the Code 

Authority, subject to review and disapproval by the Administrator. 

RULE 14. No member of the industry shall cancel in whole or in 

part, or permit the cancellation in whole or in part, of any contract 

of sale except for an equitable consideration. 

R LE 15. No member of the industry shall brand, mark, or represent any goods in any manner which i intended to or does deceive or 

mislead purcha ers with respect to the brand, grade, quality, quantity origin size sub tance, character, nature, finish, material content 

or preparation of such goods. 

RULE 16. N"o member £the in 1u try shall make plans, drawings, 

or specification for use by the cu tomer for the purpo e o£ obtaining competitive bid , without a bona fide agreement with the customer to pay the members o£ the Indu try providing such plans, 
604 

drawino· , or pecifications an amount not less than the actual co t of 

such service. 

RuLE 17. No member of the industry shall recall or revi e or offer 

to recall or revise any quotation whether oral or written (submitted in competition to a buyer) f r the purpose or with the intent 

of submitting a more favorable price~ discount, term or condition 

of ale, unle there had beon a bona fict.e revi ion in the plan , specifi ations or other estimating or purchasing data forming the basis of 

the ori <>"inal quotation, or a new request for bids. 

llULE 18. No memb r of the industry shall make a fal-e or fictitious bid for the purpose of deceiving competitors and securing an 

und1.1e adYantage. 

RULE 19. No member of the industry shall induce or attempt to 

induce an architect, contractor, or builder to reveal any information, 

or otherwise surreptitiously obtain information relative to competitors' bid , which would give an advantage in the preparation of a bid. 

R LE 20. No member of the industry shall make a sale of industry 

products contingent upon the sale of the products of any other industry; and each member of the industry shall quote separately on 

industry products and non-industry products. 

RULE 21. No member of the industry shall combine the requirements for the products of this industry for two or more distinct and 

separate projects in one quotation to the same purchaser for the purpose and with the intent of concealing the true selling price for the 

products of each or all of such projects. Under this section a project 

shall be considered distinct and separate from another project unless 

constructed on the same site and the awarding authority, including 

the owner, and his agents (including the architect and the engineer) 

are the same entities. 

RuLE 22. No member of the industry shall depart from plans and 

specifications when quoting on contract requirements for the purpose or with the effect of misleading the buyer as to the grade, quality or quantity of products offered or sold, or substitute any material 

without clearly identifying the nature of suc:h sub titute material. 

RULE 23. Nothing in this Code shall limit the effect of any adjudication by the Courts or holding by the Federa1 Trade Commission 

on complaint, finding, and order that any practice or method is unfair, provided that such adjudication or holding is not inconsi tent 

with any provision of the Act. 

ARTICLE VIII-ExPORT TruDE 

1. No provision of this Co le r lating to prices or t rm of elling, 

shipping, or marketing hall apply to exr ort trade or ales or hipments for xport trade. 

2. Subject to the approval of the ode uthority, the ex ption 

establi ·hed by this Article hall ar ply also to ale or hipm nts of 

material actually used in manufacture f r export trade. 

AnTr LF: IX-nf oiFr .\.TION 

1. This Cod an l all th provisions thereof ar f>xpr l mad ubject to the ricrht of th Pre:id ~nt in ac ordance with the pr vi ion 
605 

of subsection (b) of Section 10 of the Act, from time to time to 

cancel or modify any order, approval, licen e, rule or regulation 

is ued under said Act. 

2. This Code, except as to provisions required by the Act, may be 

modified on the ba is of experience or changes in circumstances, such 

modifications to be based upon application through the Code Authority to the Administrator and such notice and hearing as he shall 

specify, and to become effective on approval of the President. 

ARTICLE X-:MoNOPOLIEs, ETc. 

No provisions of this Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI-APPEALS 

1. An interested party shall have the right of complaint to the 

Code Authority and of a prompt hearing and decision under such 

rules of procedure and proper charges to cover cost of investigation 

and hearing as it may prescribe, in respect to any decision, rule, 

regulation, order or finding made by the Code Authority. 

2. Any interested party shall have the right of appeal to the Administrator, under such rules and regulations as he may prescribe, 

in respect to any decision, rule, regulation, order or finding made by 

the Code Authority. 

ARTICLE XII-REGISTRATION OF MEMBERS OF THE INDUSTRY 

SEcTION 1. Every person subject to this Code of Fair Competition 

shall com ply with the rules and regulations of the Administrator as 

to registration with the Code Authority, or such other agency as the 

Administrator may direct and including, but without limitation, the 

number of shops, establishments or separate units thereof and their 

location, as well as each additional shop, establishment or separate 

unit opened after registration. 

ARTICLE XIII-EFFECTIVE DATE 

This Code shall become effective on the second Monday after its 

approval by the President. 

Approved Code No. 415. 

Registry No. 316---01. 

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