Approved Code No. 185 Registry No. IOU-1-01 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE PIPE 

MANUFACTURING INDUSTRY 

t & II ' 

AS APPROVED ON DECEMBER 30, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

8. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

\ I t 

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Approved Code No. 185 

CODE OF F Am COMPETITION 

FOR THE 

CONCRETE PIPE MANUFACTURING INDUSTRY 

As Approved on December 30, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

An application having been duly made, pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

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

of Fair Competition for the Concrete Pipe Manufacturing Industry, and hearings having been held thereon and the Administrator 

having rendered his report containing an analysis of the Code of 

Fair Competition together with his recommendations and findings 

with respect thereto, and the Administrator having found that the 

said Code of Fair Competition complies in all respects with the 

pertinent provisions of Title I of said Act and that the requirements 

of Clauses (1) and (2) of Subsection (a) of Section 3 of the said Act 

have been met : 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of 

the United States, pursuant to the authority vested in me by Title 

I of the National Industrial Recovery Act, approved June 16, 1939.1 

and otherwise, do approve the report and recommendations and 

adopt the findings of the Administrator and do order that the said 

Code of Fair Competition be and it is hereby approved. 

FRANKLIN D. ROOSEVELT. 

Approval recommended : 

HuGH S. JoHNSON! 

Adminutrator. 

THE WRITE HousE, 

December 30, 1933. 

29547•-296-205-84 ( 497) 
The PRESIDENT\ 

The W h-1-te House. 

DECEMBER 13, 1933. 

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

Concrete Pipe Manufacturing Industry, a hearing on which was conducted in Washington on the twenty-eighth of November 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

PRovrsroNs OF THE ConE AS TO WAGES AND HoURs 

This Code provides for a work week of not more than forty hours 

as an average over any three months period, nor more than fortyeight hours in any one week. Exceptions to these limitations on 

working hours are provided for those engaged in managerial, executive., or supervisory capacities earning over $30.00 or $35.00 per 

week depending on population. Further exceptions are permitted 

for crane operators, machine operators, foremen, watchmen, truckmen, accounting, clerical and office emploJiees, outside salesmen, and 

shipping clerks; for which classificatiOns wider latitudes are 

permitted. 

The maximum 8-hour work day and 6-day week is established and, 

with the exception of clerical and office employees and watchmen, 

all employees working longer than these limits are to be paid at the 

rate of time and one third therefor. 

This Code provides for a minimum wage of thirty-seven cents 

per hour in the Northern and twenty-seven cents per hour in the 

Southern States; these minimum rates being in effect whether employees are compensated on a time rate, piece work, or other basis. 

Accounting, clerical, and office employees are to be paid not less 

than $14.00, $14.50, or $15.00 per week, dependin~ on population. 

Rates of pay in excess of the minimum are to be Increased to preserve equitable differentials. 

No person under eighteen years of age shall be employed in the 

Industry, and employers are required to provide for the welfare 

and safety of their employees. 

EcoNoMic EFFECTS OF THE ConE 

The volume of concrete pipe manufactured in this country has 

shown a steady decline since 1928, the production during 1933 being 

only about half that in 1928. The number of employees engaged has 

likewise decreased from about 4,300 to 1,200 during this period, and 

in many instances very low wages have been paid. 

This industry involves the making of concrete pipe and concrete 

drain tile; and plants are located in towns and cities in every section 

of the country. Any improvement in conditions in this industry 

(498) 
499 

will be felt throughout the country to the extent of the size of this 

industry. 

It is e tima.ted that the labor provisions in the Code, coupled with 

improved trade practices provided for, will result in increased wages 

of at least 20%, and in some instances as high as 50% to 75%; and 

that employment will be increased by perhaps 20 % with the xisting 

volume of business. 

FINDINGS 

I find that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, subsection (a) of Section 7 and subsection (b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Concrete Pipe Manufacturing Industry; and that 

(c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

to discriminate against them~ and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be approved. 

Respectfully, 

HuoH S. JoHNSoN, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

CONCRETE PIPE MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies o£ Title I o£ the National Industrial Recovery Act, the following provisions are established as a Code o£ 

Fair Competition for the Concrete Pipe Manufacturing Industry 

and shall be the standard of fair competition for such industry and 

shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

The term "Concrete Pipe Manufacturing Industry" as used 

herein includes the manufacture, and sale by those who manufacture, of cement or concrete drain tile, cement pipe, concrete pipe, 

or reinforced concrete pipe of any type. 

The term " employee " as used herein includes anyone, except a 

member of the industry, engaged in the industry in any capacity 

receiving compensation for his services, irrespective of the nature 

or n1ethod of payment of such compensation. 

The term "employer" as used herejn includes anyone by whom 

any such employee is compensated or employed. 

The term " member of the industry " includes anyone engaged in 

the industry as above defined, either as an employer or on his own 

behalf. 

The terms "President", "Act", and "Administrator", as used 

herein shall mean, respectively, the President of the United States, 

Title I of the National Industrial Recovery Act, and the Adminjstrator for Industrial Recovery. 

" Crane Operators " shall be considered to include the operators 

of locomotive, tractor, gantry, or overhead cranes, derricks, or any 

other type of cranes or equipment regularly used for the handling 

of raw m:1terinls, work in process, or finished products in connection 

with concrete-pipe plants. 

" Machine Operators " shall be meant to include specially skilled 

employees trained to operate any of the various types of machines 

such as tamping, centrifugal, packerhead, etc., regularly used in the 

manufacture of concrete pipe. 

Population for the purpose of this Code shall be determined by 

reference to the 1930 Federal Census. 

(500) 
501 

ARTICLE III-HOURS 

1. No employee shall be permitted to work in excess of a maximum 

average of forty hours per week during any three months' calendar 

period nor more than forty-eight hours in any week in such period 

nor more than eight hours in any one day, except as provided for 

elsewhere in this Code. 

2. The maximum hours established in the foregoing section shall 

not apply to the following: 

(a) Persons engaged in managerial, executive, or supervisory 

capacities and earning regularly at least $35.00 per week in cities of 

5,000 population or over, or in the immediate trade area of such 

cities, or at least $30.00 in cities of less than 5,000 population. 

(b) Crane operators, machine operators, and formnen, which 

employees may be permitted to work an additional six hours per 

week. 

(c) Watchmen, provided that no such employee shall be perInitted to work more than sixty-four hours per week. 

(d) Truckmen, provided that such employees shall not be permitted to work more than fifty-four hours per week. 

3. Accounting, clerical, or office employees shall not be permitted 

to work in any office or any place or manner for more than forty 

hours in any one week, except as provided in the following section ( 4). 

4. The maximum hours established in the foregoing section shall 

not apply to: 

(a) Accounting~ clerical, or office employees in establishments employing not more than two persons in towns of less than 2,500 population, which towns are not part of a larger trade area. 

(b) Outside salesmen. 

(c) Shipping clerks, provided that no such employee shall be 

permitted to work in excess of fifty-two hours in any one week. 

5. Limitation on continuous work.-N o employee shall be permitted to work more than six days in any seven-day period. 

6. Persons employed longer than eight consecutive hours per day, 

except those employed in clerical and office capacities and watchmen, 

shall be paid not less than one and one third times the normal rate 

for all hours worked in excess of eight hours per day. 

7. Persons employed on Sundays or legal holidays, except those 

employed in clerical or office capacities and watchmen, shall be paid 

not less than one and one third times the normal rate for such work. 

8. Maximum hours for working ernployer.-Employers who personally perform manual labor or are engaged in mechanical operations shall not exceed the above-prescribed maximum number of 

hours. 

D. No employer shall knowingly permit any employee to work for 

any time which when totaled with that already performed with 

another employer or employers exceeds the maximum permitted 

herein. 

ARTICLE IV-WAGES 

1. No employee shall be paid less than thirty-seven cents per hour 

except in the following States: Alabama, Arkansas, Florida, Georgia, 
502 

l{entucky, Louisiana, Mississippi.] North Carolina, South Carolina, 

Oklahoma, Tennessee, Texas, and Virginia, in which states no employee shall be paid less than twenty-seven cents per hour. 

2. No accounting, clerical, or office employee shall be paid at less 

than the minimum rates hereby established which are as follows: 

$15.00 per week in any city of over 500,000 population or in the immediate trade area of such city; $14.50 J?er week in any city of between 250,000 and 500,000 population or 1n the immediate trade area 

of such city; or $14.00 per week in any city having a population less 

than 250,000 or in the immediate trade area of such city. 

3. This Article establishes a minimum rate of pay regardless of 

whether an employee is compensated on a time rate, piecework, or 

other basis. 

4. Female employees performing substantially the same work as 

1nale employees shall receive the same rate of pay as male employees. 

5. Wages shall be paid at least twice a month, and all salaries at 

least once a month in cash or by negotiable check. 

6. To the extent practicable, earnings shall not be decreased; and 

rates of pay in excess of the minimum herein prescribed shall be 

increased so as to preserve equitable differentials. 

ARTICLE V-GE:r-.TERAL LABOR pROVISIONS 

1. No person under eighteen years of age shall be employed In 

the industry. 

2. Employees shall have the right to organize and bargain col- lectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers 

of labor, 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. 

3. No employee and no one seeking employm~nt 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 and 

4. Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approved or prescribed by the President. 

5. Within each State this Code shall not supersede any laws of 

such State imposing more stringent requirements on an employer 

regulating the age of employees, wages, hours of work, or health~ 

fire, or general working conditions than under this Code. 6. Employers shall not reclassify employees or duties of occupations performed by employees or engage in any other subterfuge for 

the purpose of defeating the purposes or provisions of the Act or of 

this Code. 

7. Each employer shall post in conspicuous places, easily accessible 

to·employees, full copies of this Code. 

8. Each employer shall provide for the welfare and ·afety of his 

employees. He shall not be relieved from complying with all N ational, State, and local ordinances or provisions of safety measures 

referring to safety and health measures and the welfare of employees 

insofar as the same may apply to a special type of work, and shall 
503 

:protect his employees by workmen s compensation insurance accordmg to the amount requ]red in the State of jurisdi ·tion or the United 

Stat Employee ' Compensation Insurance if that State has not 

established a compensation scheme for this Industry. 

ARTICLE VI-ADl\1INISTRA TION 

SECTION 1.-The applicant organization (The American Concrete 

Pipe Institute) shall, with the approval of the President, establish 

and empower, in the manner hereinafter described, a suitable agency, 

named Concrete Pipe Code Authority, hereinafter referred to as the 

Code Authority, to administer this code in compliance with the provisions of the Act under the authority of the President. 

SEc. 2. Participation.-Participation in this Code as a basis for 

fa.ir trade practice shall be extended to any individual, partnership, 

corporation, or other person now engaged or which may hereafter 

engage in the manufacture of concrete pipe, and each member of the 

industry shall pay his fair share of the cost of administering the 

Code. 

SEc. 3. Districting for Ptrrpose of Election.-Within sixty days 

after the approval of this code by the President the applicant organ4 

ization (The Alnerican Concrete Pipe Institute) shall, subject to the 

approval of the Administrator, divide the United States into nine 

geographical districts, to serve as districts for the election of members of the Code Authority. 

SEc. 4. Election of Code Authority.-A. Immediately after the 

establishment of the nine districts referred to in Section 3, the applicant organization shall for each district mail to each manufacturer, of which it has record to his last known address, notice 

of a meeting of the members of the industry for that district to be held at such time and place in the district as the 

applicant shall elect and with such notice it shall mail a copy of the 

code as approved by the President and a statement of the purpose 

of the meeting which shall be to elect a member of the Code Authority to represent that district and to serve until the first Tuesday 

after the second Monday in February 1935. There shall also be 

mailed with the notice a blank form for letter ballot for the purpose of election. At the meeting so called, nominees may be placed 

in nomination and a vote by written ballot shall be taken. Any 

manufacturer not attending the meeting may vote by letter ballot, 

same to be received at the office of the applicant organization up to 

the time of the meeting, for the nominee of his choice and the secretary of the applicant organization shall make a certified re:r;>ort to 

the meeting of the ballots cast, both by letter and at the meeting. 

B. The individual receiving the majority of all the votes cast (as 

defined ]n Section 7 of this Article) shall be determined elected 

and shall function as the member of the Code Authority from that 

district until his uccessor has been elected and has qualified. 

C. On the first Tuc day after the second Monday in February 

of each year beginning with 1935 a meeting of the members of the 

industry of each distri -t hall be called by th Code Authority in 

the manner outlined ]n Paragraph A of this ction for the purpose of electing a member of the Code Authority for a term of one 
504 

year, and the Secretary of the said district meeting shall poll the 

votes and shall file a certified report thereof with the Code 

Authority. 

SEc. 5. Personnel of Oode Authority.-A. The Code Authority 

shall consist of 14 members representing the industry and from one 

to three members without vote to be appointed by the Administrator 

to represent the Government. Members so appointed by the Administrator to represent the Government are to be appointed for 

t erms of from six months to one year and such terms of appointment are to be arranged so that they do not expire at the same 

time. . The membership of the Code Authority representing the 

industry shall be determined by the election of one member from 

each of the nine districts referred to in Section 3 above. The nine 

so elected shall within two weeks after their election, hold a meeting and elect thereat five additional members from the industry 

at large. B. The Code Authority first elected shall hold office until February 15, 1935; thereafter members shall hold office for one year or 

until their successors shall have been elected and have qualified. _ 

C. Vacancies on the Code Authority shall be filled by special 

elections called for that purpose in the district for which the vacancy 

exists. 

D. When a district fails to elect a member for the Code Authority, 

the members elected from other districts shall, at a meeting called 

for the purpose, elect a member from the district which has failed to 

take such action. 

SEc. 6.-A. Eight of the voting members of the Code Authority 

shall constitute a quorum. 

B. At meetings of the Code Authority all questions shall be 

decided by a majority vote of the members present. 

SEc. 7. Voting P01.oer.-A. At any meeting of the members of a 

district or region and for the purpose of any letter ballot, each member shall be entitled to one vote for each 5,000 tons of concrete pipe 

of all classes produced by him in that district during the calendar 

year preceding such election; provided, however, that where a member has been 1n business during less than one year preceding such 

election, he shall be entitled to ( 1/12) one twelfth of one vote for 

each 417 tons produced per month during such period; and provided 

further, that no member shall have less than one vote. A list shall 

be kept by the Code Authority showing the number of votes to which 

each member of the industry is entitled. Fractions shall be disregarded, and in case a dispute shall arise as to the number of votes 

to which any member shall be entitled, the decision of the Code 

Authority then in power as to the number of such votes shall be final 

and conclusive upon such members. 

B. Each member of the industry shall, upon approval of this Code 

by the President, file with the applicant organization (The American Concrete Pipe Institute) a sworn statement showing the amount 

of concrete pipe of all classes produced by him during each of the 

three years ending with December 31, 1932, or such part of such 

period as he has been in business. The number of votes for the purpose of election of the first Code Authority shall be based on the 

laverage annual tonnage for this three-year period. Where a mem-
505 

her has not been in busine s during this three-year l riorl prior to 

December 31, 1932, the p ri l over which h opcrat cl prior to this 

date hall be used to d termine the averag annual tonnage; and 

for a member who ha op rated only since De mber 31, 1932, his 

averaae since this date hall be used. If a manufacturer operates 

more than one plant, the worn statement referred to above hall 

show the tonnage produced at each plant location. 

C. The determining vote at any meeting of the members on any 

propo ition shall be by a majority of the number of qualified votes, 

as defined in Paragraph A of this Section, present at the meeting. 

SEc. 8. Duties.-The Code Authority shall be the general planning 

and coordinating agency for the industry. It shall be empowered by 

the industry to act for it conclusively in respect to all matters before 

the Code Authority for consideration and within its jurisdiction. 

It shall have powers and duties as provided herein, and, in addition thereto, it shall: 

A. From time to time require such reports from members as in 

its judgment, subject to the right of the Administrator on review 

to disapprove; or in the judgment of the President may he necessary to ad vise it adequately of the administration and enforcement 

of the provisions of this Code. 

B. Upon complaint of interested parties or on its own initiative, 

make such inquiry and investigation into the operation of the code 

as may be necessary. 

C. Elect such officers and, subject to the right of the Administrator 

on review to disapprove its action, make such rules and regulations 

as are necessary for the administration and enforcement of this 

Code, including the appointment of such subcommittees and agents 

as are required to properly effectuate the purposes of the Code, provided, however, that the Code Authority shall not be relieved of its 

responsibility and that such subcommittees or agents shall comply 

with all applicable provisions of this Code. 

D. With the approval of the President, organize such regions as 

the manufacturers within a given territory shall elect and provide 

that each region shall administer within its confines this Code and 

any supplemental code that may be adopted therefor. 

E. Prepare, with the approval of the Administrator after such 

notice and hearing as he may require, the uniform system or systems of cost accounting for the use of manufacturers to enable them 

to work effectively under Article VIII, Section 8. 

SEc. 9. Regional Organizatiom.-Each region which shall be established under the provisions of Section 8, Paragraph D, of this Article 

shall organize and function as follows: 

A. Regional Administrative 0 ommittee.-The Code Authority 

shall call a meeting in each region by giving at least ten days written notice thereof to be held at uch convenient location within the 

region as it may decide for the purpose of electing a Regional Admini trative Committee of five individuals representing members 

of th industry, t be elected as provided for hereafter. The initial 

member of each Regional Administrative ommittee shall serve 

until J anua1-y 15, 1935. Thereafter, the Reaional Administrative 

Committee shall cause to be alled on or b fore Jan nary 15 of each 

year an annual me ting of the members of the in lu try within the 
506 

region for the purpose of electing a Regional Administrative 

Committee. 

B. All voting at meetings of members of regional organizations 

for purposes of election shall be by written ballot and members not 

in attendance shall submit their ballot by letter. 

C. For the purpose of electing members of the Regional Administrative Committee or for any other purpose requiring the vote 

of the members within a region, the voting power shall be as provided for in Article VI, Section 7. The Code Authority shall certify to the Regional Administrative Committee the number of votes 

to which each member of the Industry is entitled. 

D. The Regional Administrative Committee may, where desirable 

prepare a supplemental code covering such fair trade practices and 

regulations as pertain to the particular region. After preparation.; 

such code shall be submitted to the Code Authority for approval and 

forwarded by it to the Administration. Upon its final approval by 

the President such supplemental code shall become the supplemental 

rules of fair practice for the region for which it is intended. 

E. The Regional Aillninistrative Committee, subject to appeal to 

the Code Authority and to the Administrator, shall administer this 

National Code and any supplemental code which may be later approved for a particular region. 

F. A Regional Administrative Committee shall elect such officers 

and make such rules and regulations as are necessary for the administration and enforcement of this Code and any supplemental code. 

All such rules and regulations shall be approved by the Code Authority;.. and may be reviewed and disapproved by the Administrator. 

u. If for any required purpose a Regional Administrative Committee fails to call a meeting of the members from that region, thirty 

percent on a tonnage basis of the manufacturers of the region may 

call a meeting by giving ten days written notice of the time, place, 

and purpose of such meeting to each member of the industry within 

the region. 

SEc. 10. Assessments and Expenses.-A. The cost of operation of 

the Code Authority shall be paid from monies collected by assessments made at such times as the Code Authority shall prescribe, the 

assessment to be made on the following basis : 

The basis for the first assessment shall be the average annual tonnage produced for the three-year period ending December 31, 1932, 

or such part thereof as he has been engaged in this Industry as provided for in Article VI, Section 7, Paragraph B, and thereafter at 

the end of each calendar year each member of the industry shall 

file a sworn statement of the amount, on a tonnage basis, of concrete 

pipe of all classes produced by him during the preceding calendar 

year. In levying the assessment, the Code Authority shall divide 

the amount of money required by the total tonnage of members of 

the industry as at the end of the preceding calendar year, and each 

member shall pay his proportion, which shall be arrived at by 

multiplying his total tonnage by the quotient. 

B. Where a member of the industry fails to .file a statement of the 

tonnage produced as required in Article VI, Section 7, B, or to make 

payment of an assessment levied by the Code Authority or by a 

regional administrative committee, as provided for herein within 
507 

sixty days from the date on which written notice is mailed, stating 

the amount of the assessment, such failure to make payment shall 

be considered a violation of this Code. 

SEc. 11. Regional Administration Expenses.-All expenditures 

for administration of this National Code shall be approved by the 

Code Authority. Regional Administrative Committees shall provide ways and means of meeting their regional expenses and such 

provisions as they make therefor shall be subject to the approval of 

the Code Authority and all assessments levied by a Regional Administrative Committee shall be levied equitably upon all manufacturers on the basis of each Inanufacturer's tonnage as certified to the 

Code Authority. 

ARTICLE VII-NATIONAL CoNTROL CoMMITTEE 

A. The Code Authority shall appoint from the industry a N ationa! Control Committee of three members. The members of the 

Code Authority appointed by the Administrator pursuant to Article VI, Section 5-A, may sit with this Committee in an advisory 

·capacity without the power to vote. The National Control Committee shall exercise such authority us may be, or may have been 

delegated to it by the Code Authority. 

B. All communications and conferences of the Concrete Pipe Industry with the President or with his agents concerning the approval or amendments of this Code or any of its provisions or any 

matters relating thereto shall be throu~h the said National Control 

Committee which shall be charged with the duties, through agents 

or otherwise, of considering proposals for amendment and making 

recommendations thereon and approving recommendations for 

exceptions to provisions of the Code. 

C. The functions of this committee shall be the general planning 

and coordinating for the concrete pipe industry and the cooperation 

with similar boards of any other industry to the end of effecting a 

balanced national economy. 

ARTICLE VII(-TRADE PRACTICES 

The following practices constitute unfair methods of competition 

for members of the industry and are prohibited: 

1. False Marking or Branding.-The false marking or branding 

of any product of the industry which has the tendency to mislead 

or deceive customers or prospective customers, whether as to the 

grade, quality, quantity, substance, character, nature, origin, size, 

finish, or preparation of any product of the industry, or otherwise. 

2. Misrepresentation or False or Misleading .Advertising.-The 

making or causing or knowingly pernlitting to be made or published 

any false, materially inaccurate, or deceptive statement by way of 

advertisement or otherwise, whether concerning the grade, quality, 

quantity, substance, character, nature, origin, size, finish, or preparation of any product of the industry, or the credit terms, values, 

policies, or services of any member of the industry, or otherwise, 

having the tendency or capacity to mislead or deceive customers or 

prospective customers. 
508 

a. Oo1rl/lneraial Bribery.-N o member of the Industry shall give, 

permit to be given, or directly offer to give, anything of value for 

the purpose of influencing or rewarding the action of any employee, 

agent, or representative of another in relation to the bus-Iness of the 

employer of such employee, the principal of such agent or the 

represented party, without tlie knowledge of such employer, principal, or party. This provision shall not be construed to prohibit 

free and general distribution of articles commonly used for advertising except so far as such articles are actually used for commercial 

bribery as hereinabove defined. 

4. Interference with Contractual Relations.-Maliciously inducing or attempting to induce the breach of an existing oral or written 

contract between a competitor and his customer or source of supply, 

or interfering with or obstructing the performance of any such 

contractual duties or services. 

5. Defamation.-The defamation of competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, 

questionable credit standing, or by other false representations or by 

the false disparagement of the grade or quality of their goods. 

6. Espionage of 001npetitors.-Securing confidential information· 

concerning the business of a competitor by a false or misleading 

statement or by representation, by a false Impersonation of one in 

authority, by bribery, or by any other unfair method. 

7. Shipping or delivering products which do not conform to the 

samples submitted or representations made prior to securing the 

orders or in case of public work to published specifications covering 

the purchase of such products with the effect of deceiving or misleading purchasers or competitors. 

8. The selling of or quoting on industry products at prices and 

on such terms that the prices of such products at the manufacturer's 

plant are below such manufacturer's cost. Such cost shall be determined by the uniform system of cost accounting referred to in 

Article VI, Section 8, subsection E, except that any manufacturer 

may sell at a price lower than such cost if necessary to meet a competitive quotation. Such minimum prices shall not be established 

so as to include more than the out-of-pocket cost for direct labor 

and material at cost, plus charges to be determined by calculating 

the percentage of plant utilization to capacity during the years 1929 

to 1932, inclusive, and multiplying that percentage by the total 

overhead cost. Such total overhead cost shall not, however, include 

the following items: 

Any reserves other than for depreciation and/or depletion. 

Interest Paid. 

Executive Salaries in excess of $10,000 per annum for each 

executive. 

Salesmen's Salaries and Expenses. 

Commissions. 

Advertising. 

Other selling expenses. 

9-A. The quoting on or selling of concrete pipe on any other price 

ba is than per lineal foot. 

B. In conformity with existing practice, paragraph A shall not 

apply to cases where the manufacturer quotes or sells under pub-
509 

lished specifications which do not permit option to the bidder as to 

the form of his bid. 

10. The renting or leasing by a member of the indu try of forms 

or other equipment for th purpose of manufacturing concrete pipe 

to anyone except to another member of the industry. 

11. Othe'r Unfai'r Practices.-Nothing in this Code hall limit the 

effect of any adjudication by the Courts or holding by the Federal 

Trade Commission on complaint, finding, and order, that any practice or method is unfair, providing that uch adjudication or holding 

i,s not inconsistent with any proVIsion of the Act or of this Code. 

ARTICLE IX-MODIFICATION 

1. This Code and all the provisions thereof are expre sly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 o.f the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation issued under Title I of said Act 

and specifically, but without limitation, to the right of the President 

to cancel or modify h~s approval of this Code or any condition imposed by him upon his approval thereof. 

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

modified on the basis of experience or changes in circumstances, such 

modification to be based upon application to the Administrator and 

such notice and hearing as he shall specify, and to become effective 

on approval of the Pre,sident. 

ARTICLE X-MONOPOLIES, ETo. 

No provision 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- PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will. be made impossible of consummation if prices of good,s and services increase a~ rapidly as wages, it is recognized that price increases 

should be delayed and that, when made, the same should, so far as 

reasonably possible, be limited to actual increases in the ,seller's costs. 

ARTICLE XII-EFFECTIVE D ATE 

This Code shall become effective on the fifteenth day after its 

approval by the President. 

Approved Code No. 185. 

Regi try No. 1014-1-01. 

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UNIVERSITY OF FLORIDA 

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