Approved Code No. ;?08 Registry No. 1122-09 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

PICTURE MOULDING AND 

PICTURE FRAME INDUSTRY 

AS APPROVED ON JANUARY 16, 1934 

WE 00 OUR PARl 

0-= ---- f A'' . ----

UNITED STATES 

GOVERNMENT PRINTING OFFIOE 

WASHINGTON: 1934 

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(II) 
Approved Code No. 208 

CODE OF FAIR COMPETITION 

FOR THE 

PICTURE MOULDING AND PICTURE FRAME 

INDUSTRY 

As Approved on January 16, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION 

FOR THE 

PICTURE MOULDING AND PICTURE FRAME 

INDUSTRY 

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 approval of a Code of 

Fair Competition for the Picture Moulding and Picture Frame Industry, and hearings having been duly held thereon and the annexed 

report on 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, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, 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 said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

HUGH s. JOHNSON, 

Ad1ninistrator for Industrial Recovery. 

Approval recommended: 

1\f ALCOLM 1\1 UIR, 

Division Administrator. 

"\VASHINGTON, D.C., 

January 16, 1934. 

30481 °-313- 9-34 (175) 
The PRESIDENT, 

The White House. 

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

Picture Moulding and Picture Frame Industry in the United States, 

as revised after a hearing conducted in Washington on November 24, 

1933, in accordance with the provisions of the National Industrial 

Recovery Act. 

PROVISIONS FOR HOURS AND WAGES 

The maximum hours of labor provided in this Code are 40 hours 

per week with the following exceptions: Executive and Supervisors 

receiving $35 or more per week do not have any limitation of hours. 

Watchmen are not permitted to work more than 56 hours, nor more 

than 6 days, in any one week. Cleaners, mechanics, engineers, firemen, outside crews and outside delivery men, not to exceed ten percent of the employees of any one plant, are allowed a tolerance of 8 

hours per week and are to be compensated at one and one third their 

normal rate of pay for hours worked in excess of 40 hours in any 

week. Emergency repair and maintenance work is unrestricted but 

also shall be compensated at one and one third the normal rate of 

pay for hours worked in excess of 40 hours in any one week or in 

excess of 8 hours in any one day. As the industry is largely a manufacture-on-order industry, an 8-hour tolerance per week is allowed on 

hours, providing the weekly average in each 4-week period does not 

exceed 40 hours. Hours in addition to the 40-hour average (but not 

exceeding 48 hours in any one week) are allowed during the peak 

season, if employees are compensated at the rate of one and one third 

times their normal rate of such additional hours worked. Office and 

clerical employees are not permitted to work more than 40 hours per 

week averaged over any 4-week period nor in excess of 48 hours in 

any one week. 

The minimum wage rate provided for employees is 321⁄2 cents per 

hour in the North and 10 percent less in the South. Learners, not 

to exceed 5 percent of the employees of any plant and for a period of 

one month, and messengers and office girls between 16 and 18 years 

of age, also not to exceed 5 percent of the employees, may be compensated at 80 percent of the minimum wage provided. Female 

workers shall receive the same rate of pay as male workers for substantially the same work. Handicapped persons may be employed at 

suitable work upon certification of the State Authority designated by 

the United States Department of Labor. One year from the effective 

date of this Code the minimum wage is to be increased to 371⁄2 cents 

per hour unless ada.q•Jat-e xeasons for not doing so are pre~ented to 

the Administration at a public hearing requested by the Code 

Authority for this purpose. 

(176) 
177 

CHILD LABOR 

The minimum age limit is 16 years, except in hazardous positions 

where the minimum age limit shall be 18 years. 

ECONOMIO EFFECT OF THE CODE 

From the data available, the representative of the Planning and 

Research Division has estimated maximum hour provisions of this 

Code would increase employment in this industry approximately 

25 percent over that of June 1933; and that the wage provisions 

though comparatively low are a substantial increase over those prior 

to the President's Reemployment Agreement. An increase in the 

minimum wage from 321⁄2 cents per hour to 371⁄2 cents per hour 

is provided after this Code has been in effect one year, in the belief 

that the industry will then be better able to provide this more 

adequate wage for its emplqyees. 

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 of the present productive capacity of industries, by avoiding undue restriction of production ( except as may be temporarily 

required), by increasing the consumption of industrial and agricultural products through increasing purchasing 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 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. 
178 

{f) Those engaged in ther steps of the economic process have not 

been deprived of the right to be heard prior to approval of said 

Code. 

For these reasons, therefore, this Code has been approved. 

Respectfully, 

WASHINGTON, D.C., 

January 16, 1934. 

HUGH S. JOHNSON' 

Administrator. 
CODE OF FAIR COMPETITION 

• FOR THE 

PICTURE MOULDING AND PICTURE FRAME INDUSTRY 

ARTICLE I-PURPOSES 

To effect the policies of Title I of the National Industrial Recovery Act this Code is submitted as a Code of Fair Competition for the 

Picture Moulding and Picture Frame Industry, and upon approval 

by the President its provisions shall be the standards of fair competition for such industry and shall be binding upon every 1nember 

thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. Picture Moulding and Pictwre Frame lndustry.-The 

Picture Moulding and Picture Frame Industry, hereinafter termed 

"the industry", means the manufacture and/or sale by the manufacturers of picture-frame mouldings, including plain, ornamented, 

embossed, carved, or composition, whitened, veneer covered, metal, 

finished and unfinished, and all picture frames, including mirror 

frames, photo frames, painting frames, advertising frames, metal 

frames, picture placques, leather and leatherette frames, both empty 

and fitted and irrespective of the materials used in the production 

thereof, and wooden trays and art novelties made in picture-frame 

factories of similar materials and by similar processes to those used 

in the manufacture of picture frames; but excluding custom pictureframing from finished mouldings made to order for specific pictures 

delivered by retail customers for framing to the picture and frame 

departments of stores operating under the Code of Fair Competition 

for the Retail " Trade." 

SEc. 2. Div-ision.-The term "Division" of the industry as used 

herein shall mean the several branches of the industry which have 

been or may hereafter be established by the Code Authority. The 

divisions immediately hereby established are as follows: 

1. Raw Moulding. 

2. Finished 1\1:oulding. 

3. Empty Picture Frame. 

4. Fitted Picture Frame. 

5. Metal Moulding and Metal Frame. 

SEc. 3. Divisional Agency.-The term " Divisional Agency" shall 

mean the executive agency of any Division of the industry selected 

by members of the Division by methods of selection prescribed by 

tl_ie Code Authority. 

(179) 
180 

SEc. 4. !If enibers of tlie Industry.-The term" Member of the In- . dustry" includes, but without limitation, any individual or enterprise· engaged in the industry, either as an employer or on his or 

its own behalf. 

SEc. 5. 111 eniber of Division.-The term" :Member of the Division" 

shall mean any member of the industry as classified in any division 

of the industry now or hereafter established. 

SEC. 6. Eniployee.-The term" Employee" as used herein includes 

any and all persons engaged in the industry, except a " member of 

the industry ", however compensated. 

SEc. 7. A.ct and A.dministrator.-The terms "Act" and "Administrator " as used herein shall mean, respectively, Title I of the National Industrial Recovery Act, and the Administrator of said Act. 

SEc. 8. Population.-Population for the purposes of this Code 

shall be determined by reference to the latest Federal Census. 

SEc. 9. A.ssociation.-The term " Association " as used herein 

means The Picture Moulding and Frame Manufacturers Association, 

Incorporated, under the laws of the State of Illinois, not for profit. 

ARTICLE III-Houns 

SECTION 1. Maximum H ours.-N o employee shall be permitted to 

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

hours in any twenty-four (24) hour period, except as hereinafter 

otherwise provided. 

EXCEPTIONS 

SEc. 2. E xecutive, Supervisory, or Administrative Employees.-

The maximum hours prescribed in Section 1 of this Article shall not 

apply to executive, supervisory, or administrative employees receiving thirty-five (35) dollars or more in any one week, nor to outside 

salesmen, provided., however, that the exemption contained in this 

section shall not apply to foremen engaged in machine operations. 

SEc. 3. W atchmen.-The maximum hours prescribed in Section 

1 of this Article shall not apply to watchmen, provided, however, 

that watchmen shall not be permitted to work in excess of fifty-six 

(56) hours in any one week nor n1ore than six (6) days in any one 

week. 

SEc. 4. Outside Deliver1.11nen, Firemen, Mechanics, Engineers, 

Cleaners, and Outside Orews.-The maximum hours prescribed in 

Section 1 of this Article shall not apply to outside deliverymen, firemen, mechanics, engineers, cleaners, and outside crews, provided, 

however, that the total number of such employees engaged by any 

member of the industry shall not exceed ten percent of the total 

number of employees engaged by such member of the industry at 

any one time, and provided, further, that such employees shall be 

paid not less than one and one third times their normal rate of pay 

for all hours worked in excess of forty ( 40) hours in any one week, 

nor shall such employees be permitted to work more than fortyeight ( 48) hours in any one week. 

SEc. 5. Emergencies.-The maximum hours prescribed in Section 1 

of this Article shall not apply to emergency maintenance or emergency repair work, provided, however, that any employees engaged 
181 

in any such emergency maintenance or emergency repair work, shall 

be paid at not less than one and one third times their normal rate of 

pay for all hours worked in excess of forty ( 40) hours in any one 

week, or in excess of eight (8) hours in any one day. 

SEC. 6. Peale Seasons.-The maximum hours prescribed in Section 

1 of this Article shall not apply in case of seasonal or peak operations, provided, however, that no employee engaged in such operations shall be permitted to work in excess of forty-eight ( 48) hours 

in any one week or in excess of forty ( 40) hours per week averaged 

over a four ( 4) consecutive week period except as hereinafter provided. Employees may be permitted to work in excess of the forty 

( 40) hour avera o-e over a four ( 4) week period (but not in excess 

of forty- eight ( 48) hours in any one week) provided that employees 

shall be paid at least one and one third times their normal wage rate 

for all hours worked in any one week in excess of the forty ( 40) 

hour average period provided herein or for hours worked in excess 

of eight (8) in any one day. 

SEc. 7. Office Employees:-· Clerical and office employees other than 

administrative, supervisory, or executive employees exempted pursuant to the provisions of Section 2 of this Article, shall not be 

permitted to work in excess of forty (40) hours per week averaged 

over any four ( 4) consecutive weeks nor in excess of forty-eight ( 48) 

hours in any one week. 

SEc. 8. Dual Eniploy,nient.-No employer shall knowingly engage 

any employee for any time wbich, when totaled with that already 

performed with another employer or employers in this industry, 

exceeds the maximum hours prescribed in this Article. 

SEC. 9. One Owner in Pa,rtnership Exempted.-\Vhere a member 

of this industry is a partnership, association, or trust, which consists of more than one person, not more than one individual of such 

partnership, association, or trust shall work as an operator in ex- cess of the maximum hours of labor as hereinbefore provided. 

AnTrcLE IV-vv AaEs 

SECTION 1. Minim.,um lVages.-No employee shall be paid m any 

pay period less than at the rate of thirty-two and one half (321⁄2) 

cents per hour, except as herein otherwise provided. 

SEc. 2. Increase of l',f ini7nwn Wage afte1' One Year.-One year 

from the effective date of this Code the minimum wage hereunder 

shall be increased to thirty-s"ven and one half (371⁄2) cents, subject 

however, to the right of the Code Authority at its election and prior 

to said date of effective increased minimum wage to request a hearing before the Administrator to show cause why said increase or any 

part thereof should not become effective. SEc. 3. Wage Differential in Soutli.-The minimum wage in the 

States of South Carolina, Georgia, Florida, Alabama, :Mississippi, 

Louisiana, and Texas, shall be ninety (90) percent of the minimum 

wages set forth in Sections 1 and 2 of this Article. 

SEc. 4. Piece Work ancl JJf inimum., W age.-This Article establishes 

a minimum rate of pay which hall apply irrespective of whether an 

employee is actually compen ated on a time rate, piecework, or 

other basis. 

30481°-313-9-34--2 
182 

SEc. 5. Learnen.-Persons learning an occupation shall be paid 

not le s than eighty ( 80) p rcent of the minimum wages prescribed 

in Section 1 of this Article providing that the nmnber of such 

learners hall not exceed five percent of the total number of employees of any one employer at any time and that the learner.· shall 

not be compensated at le s than the minimum rate for a total period 

in excess of one month whether employed by one or more employers. 

SEc. 6. Office Boys anrl Jl,f essengers.-The minimum rates prescribed in Section 1 of this Article shall not apply to messengers, 

office boys, or office girls under the age of eighteen (18) years, provided, howe-ver, that such employees shall be paid not le s than 

eighty (80) percent of the minimum wage pre cribed herein. The 

number of such employees shall not exceed five ( 5) percent of the 

total number of employees of any one emplo3 er at any one time. 

SEc. 7. Adjustm,ent of TVages.-N o employee receiving in excess 

of the minimum wage rate in June 1933 shall have his rate of wages 

decreased below his rate on that date. Wages in exc·ess of the minimum shall be adjusted on a fair and equitable basis, said adjustments 

to be reported to the Code Authority and the Administrator for 

approval. 

SEc. 8. Fem,ale Em,ployees.-Female employees performing substantially the same work a male employees shall receive the same 

rates of pay as male employees. 

SEc. 9. Handicapped Pe1·sons.-A 12erson whose earning capacity 

is limited because of age or physical or mental handicap may be employed on light work at a wage below the minimum e tablished by 

this Code if the employer obtains from the State authority designated by the United States Department of Labor a certificate 

authorizing his employment at such wages and for such hours as 

shall be stated in the certificate. Each employer shall file with the 

Code Authority a list of all such persons employed by him. 

SEc. 10. Accounting, Ole,·ical, or Office Eniployecs.-Accounting, 

clerical, or office employees shall not be paid le s than the rate of 

$15.00 per week in any city of 500,000 population or over, or in the 

immediate trade arerL of such city, and not less than $14.50 per week 

in any city between 100,000 and 500,000 population or in the immediate trade area of such city, and not le s than $14.00 per week in any 

city between 10,000 and 100,000 or in the immediate trade area, of 

such city, and not less than $12.00 per week in any city under 

10,000 population. Population for the purpo es of this Code shall 

be determined by the 1930 Federal Census. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. Child Labor Prohibitecl.-No person under sixteen 

(16) years of age shall be employed in the industry. No person 

under eighteen (18) years of age shall be employed at operations or 

occupations which are hazardous in nature or dangerous to health. 

The Code Authority shall submit to the Admini trator before J anunry 31, 1934, a list of such operations or occupations. In any State 

an employer shall be deemed to have complied with this provision 
183 

as to age if he shall have on file a certificate or permjt duly signed 

by the Authority in such State empowered to is ue employment or 

age certificates or permits showing that the employee is of the 

required age. 

SEc. 2. E11iployees' Right to Organize.-In compliance with Section 7 (a) of the Act, it is provided that: 

(a) Employees shall have the right to organize and bargain collectiYely, through representatives o:f their own choosing, and shall be 

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

labor or their agent 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 shall be required as a condition of employment to join any company nnion or 

to refrain from joining, organizing, or assisting a labor organization of his own choosing; and 

( 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. 

SEc. 3. State Laws P1·evail Where 11£ ore Stringent Than C ocle.- N o provision in this Code shall supersede any State or F ederal law 

which imposes on employers more stringent requirements as to age of 

employees, wages, hours of work, or as to safety, health, sanitary or 

general working conditions, or insurance, or fire protection than are 

imposed by this Code. 

SEc. 4. Posting Cocle.-All employers shall post complete copies 

of this Code in conspicuous places accessible to employees. 

SEc. 5. R eclassifying E1nployees.- N o employer shall reclassify 

employees or duties of occupations performed for the purpo~e of 

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

SEc. 6. Saf ety and H ealth.- Every employer shall make rea. onable provision :for the safety and health o:f his employees at the 

place and during the hours of their employment. Standards for 

safety and health shall be submitted by the Code Authority to the 

Administrator f or approval within six months after the effective 

date of this Code. 

SEc. 7. Contracted 1Vork.-No employer shall aYoicl or evade the 

labor provisions of this Code by contracting his work to any person 

subject to labor regulations less stringent than those provided in this 

Code. 

SEc. 8. Prohibited 11 ome 1V ork.-N o member of the industry shall 

permit any i\"'ork in the industry to be performed in the home of any 

worker. 

SEc. 9. Paym,ent of lVages.-An employer shall make payment of 

all wages due in lawful currency, or by negotiable check therefor payment on demand. These wages shall be exempt from any payments 

for premiums, insurance, or sick benefits other than those Yoluntarily 

paid by the wage earners, or required by State laws. All employment agreements shall requfre that wages be paid at least at the end 

of eyery two weeks' period, salaries at lea t at the end of every month, 

and that no employer shall withhold wages due any employee. 
184 

ARTICLE VI-ORGANIZATION POWERS, AND DUTIES OF THE CODE 

AUTHORITY, ORGANIZATION, AND CONSTITUTION 

SECTION 1. Code Autlwrity.-A Code Authority is hereby constituted to cooperate with the Administrator in the administration of 

this Code. 

SEc. 2. How Co1nposed.-The Code Authority shall consist of not 

less than ten (10) members of the industry complying with the provisions of Section 8 of this Article, to be selected as follows: Ten (10) 

members of the Code Authority may be selected by the members of 

the Association, not 1nore than two (2) being selected by each of the 

five (5) Divisions by the members thereof. Not less than one (1) 

member of the Code Authority shall be a nonmember of the Association, if there be any such members of the industry and shall be 

selected by such nonmembers, complying with the provisions of 

Section 8 of this Article, by personal vote or by proxy at an election 

conducted by the Association. 

SEc. 3. P1·ovisi,ons for Alternates.-Each Division may select an 

alternate for each of its members of the Code Authority. Should 

any matter come before the Authority which specifically involves 

acts, conduct, or the interests of a company with which any member 

of the Code Authority is associated or employed, such member shall 

be disqualified to act in such matter and a designated alternate may 

act in uch disqualified member's place. 

SEc. 4. Trade Association S hall Conditet Elect-ion.-The Association is hereby designated as the agency to conduct an election of 

the members of the Code Authority within twenty (2.0) days after 

the effective date of this Code, and any other elections of members 

of the Code Authority which may thereafter be held. Members of 

the Code Authority shall be elected to serve for a term of one (1) 

year or until their successors are elected at the next annual meeting 

of the industry. In the event of any vacancy in the membership of 

the Code Authority, a special meeting of the members of the industry for an election to fill the incomplete terms of such members shall 

be called. Notice of each election shall be sent to all members of the 

industry at least ten (10) days in advance of such election, and voting at such election may be by person, by proxy, or by letter ballot. 

SEc. 5. Menibers Appointed by the Administrat01q.-In addition to 

membership as above provided, there may be three (3) members, 

without vote, to be appointed by the Administrator, to serve for 

terms of from six (6) to twelve (12) months from the date of appointment as the Administrator may designate. Such members shall 

be given notice of and may sit at all meetings of the Code Authority. 

SEc. 6. Trade Association R egulations.-Each trade or industrial 

association or Division directly or indirectly participating in the selection or activities of the Code Authority shall (1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its articles of association, bylaws, regulations, 

and any amendments when n1ade thereto, together with such other 

information as to membership, organization, and activities as the 

Administrator may deem necessary to effect the purposes of the Act. 

SEc. 7. Code Authority Must be R epresentative.-In order that the 

Code Authority shall at all times be truly representative of the in• 
185 

dustry and in other respects comply with the provisions of the Act, 

the Administrator may prescribe such hearings as he may deem 

proper; and thereafter if he shall 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. 

SEc. 8. Expenses of Oode Autlwr·ity.-:Members of the industry 

shall be entitled to participate in and share the benefits of the 

activities of the Code Authority and to participate in the selection 

of the members thereof by assenting to and complying with the 

requirements of this Code and sustaining their reasonable share of 

the expenses of its administration. Those who participate in or 

accept the benefits of the activities of the Code Authority or their 

respective Divisional Agency shall pa__y their reasonable share of 

the cost of the Administration of this Code. Such reasonable share 

of the expenses of administration shall be determined by the Code 

Authority, subject to review by the Administrator, on the basis of 

volume of business and/or such other factors as may be deemed 

equitable. 

SEc. 9. Members of Oode Au.thority not Partners.-Nothing contained in this Code shall constitute the members of the Code 

Authority partners for any purpose. Nor shall any member of 

the Code Authority be liable in any manner to any one for any act 

of any other member, officer, agent, or employee of the Code 

Authority. Nor shall any member of the Code Authority, exercising reasonable diligence in the conduct of his duties hereunder, be 

liable to any one for any action or omission to act under this Code, 

except for his own willful misfeasance or nonfeasance. 

SEc. 10. Powers and Duties of Oode Authority.-The Code Authority shall have the following further powers and duties, the 

exercise of which shall be reported to the Administrator and shall 

be subject to his right, on review, to disapprove any action taken 

by the Code Authority. 

(a) To insure the execution of the provisions of this Code and 

provide for the compliance of the industry with the provisions of 

the Act. 

(b) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

( c) To obtain from members of the industry such information 

and reports as are required for the administration of the Code and 

to provide for submission by members of such information and 

reports as the Administrator may deem necessary for the purposes 

recited in Section 3 (a) of Title I of the Act, which information and 

reports shall be submitted by members to such administrative and/ or 

government agencies as the Administrator may designate; provided 

that nothing in this Code shall relieve any member of the industry of 

any existing obligations to furnish reports to any government agency. 

No individual reports shall be disclosed to any other member of 

the industry or any other party except to such governmental agencies 

as may be directed by the Administrator and except to such impartial 

agency as may be necessary to facilitate the administration of this 

Code. 
186 

( 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 responsibilities under this Code and that such trade 

associations and agencies shall at all times 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 assented to and are complying with this Code. 

(h) To recommend to the Administrator further fair-trade practice provisions to govern members of the industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

(i) The Code Authority may appoint such committees or agents 

as it may deem necessary and may delegate to them or to any Divisional Agency or Divisional Code Authority such of its powers or 

duties as it may deem proper for the administration of this Code; 

provided, however, that it shall reserve final responsibility as to any 

powers or duties so delegated. 

(j) Divisional agencies or Divisional Code Authorities provided 

for herein may make such rules and regulations as may be necessary 

to administer this Code in their respective Divisions. Any rules and 

regulations made pursuant to the provisions of this section shall be 

immediately submitted in duplicate to the Authority, which shall 

promptly transmit one copy thereof to the Administrator for his 

review or disapproval. 

(k) In order to assist in eliminating unfair competition, the Code 

Authority may establish classifications and quality stand~rds for the 

products manufactured and sold by each Division subject to the approval of the Division concerned. No member of the industry shall 

falsely represent his product as complying with any standards or 

classifications so established. Such classifications and quality standards shall be subject on review to disapproval by the Administrator. 

(1) To employ a Secretary-Accountant who shall be the Executive Officer of the Code Authority and who shall not be in any way 

affiliated with any member of the industry. 

SEC. 10. Industrial Relations Board.-To recommend to the Administrator the establishment of an Industrial Relations Board for 

this industry. 

SEc. 11. Metal Moulding and Metal Frame Division.-Division 5, 

l\fetal Moulding and l\1etal Frame, may adopt, subject to the approval of the Administrator, a Supplementary Code for such Division, provided that such Supplementary Code shall not be inconsistent with or contrary to the provisions of this Code of the Industry. Such Supplementary Code, when approved by the Presi-
187 

dent, shall have the same force and effect in the Metal i1oulding and 

Metal Frame Division as this Code. · Such Supplementary Code 

may provide for a Divisional Code Authority, which shall have 

direct access and appeal at all times to the Administrator. 

ARTICLE VII-PUBLICITY OF PRICES, TERMS AND CONDITIONS OF SALE 

SECTION 1. Oost Accounting System for Each Division.-Pursuant to the provisions of Article VI, each Division of the industry 

shall formulate or cause to be formulated standard methods or sys- 1 

terns of cost accounting for use in such Division of the Industry, 

which methods or systems shall be adaptable to the cost-accounting 

procedure of and t-0 the business of such Division of the Industry, 

and shall be subject to the approval of the Code Authority. Such 

methods or systems shall specify the factors that shall determine 

the cost for each member of such Division of the Industry pursuant 

to the provisions of this section. Upon approval of such methods 

or systems by the Administrat-Or, the Code Authority shall furnish 

to each member of such Division of the Industry complete details 

of such methods or systems. Thereafter, in determining its costs, 

each member of the industry shall use the principles of such 

cost-accounting system recommended by such divisions and approved 

by the Code Authority and the Administrator. 

SEc. 2. Selling Below Oost.-No member of the industry shall 

publish prices or sell any article, including surplus stocks, below his 

cost of production except (a) to meet the competition of a lowercost producer and (b) as may be specifically authorized by the Code 

Authority regarding dropped lines and close outs. 

SEc. 3. Filing Individual Overhead Oosts.-Each member of the 

industry shall within ten (10) days of the effective date of this 

Code, file with the Secretary-Accountant a statement of the percentage to be added to his direct raw material and direct labor costs, 

the total of which is commonly called Bench Cost, to cover his 

entire individual overhead. This overhead percentage may be different for different classifications of products of the members, provided that not more than four classifications be used, unless 

otherwise authorized by the Code Authorit;Y. The percentages filed 

shall be based on the actual costs of the individual member, and, 

after the adoption of the cost system which may be prescribed by 

the respective Divisions as set forth in Section 1 of this Article, 

shall be in accord with such cost system. 

SEc. 4. Price Lists to be Filed with Oode Authority.-Within ten 

(10) days after the effective date of this Code each member of the 

industry shall file with the Secretary-Accountant of the Code Authority his list prices and maximum discounts applying thereto and 

the terms and conditions of sale on all his products. Such lists so 

filed and any revisions thereof subsequently filed shall be available 

to each class of purchasing trade, namely, manufacturers who are 

customers of another manufacturer, wholesalers, and retailers to 

which such list prices, maximum discounts, terms, and conditions 

apply. 

SEc. 5. List Prices May be Ohanged.-In the event of any change 

by any member of the industry in any list price and maximum 
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discounts, terms, or conditions of sale applying thereto, he shall 

file full and complete copies of every such change with the SecretaryAccountant of the Code Authority within such periods as may have 

been designated by the Code Authority but not exceeding ten (10) 

days in advance of the effective date of any such change. 

SEc. 6. Unlisted Discounts Not Allowed.-N o member of the industry shall sell, pay a rebate, or allow a deduction at any time to 

anyone except in accordance with his list prices and maximum discounts applying thereto, terms, and conditions of sale then in effect 

and published in the manner described herein. Each member of 

the industry shall have the right, individually, to publish new list 

prices and maximum discounts applying thereto, terms, and conditions of sa1e from time to time as herein provided. 

ARTICLE VIII-TRADE PRACTICE RULES 

GENERAL DEFINITIONS 

For all purposes of the Code the acts described in this Article 

shall constitute unfair practices. Any member of the industry who 

shall directly or indirectly through any officer, employee, agent, or 

representative, knowingly use, employ, or permit to be employed, any 

of such unfair practices shall be guilty of a violation of the Code. 

RULE 1. Inaccurate Advertising.-No member of the Industry 

shall publish advertising (whether printed, radio, display, or of any 

other nature) which is misleading or inaccurate in any material particular or in any way misrepresents any commodity (including its 

use, trade mark, grade, quality, quantity, origin, size, material content, or preparation), or credit terms, value, policies, services, or the 

nature or form of the business conducted. 

RULE 2. "Bait" Advertising.-No member of the Industry shall 

knowingly publish advertising or use selling methods or credit terms 

which tend to deceive or mislead the customer or prospective customer. 

RULE 3. False Billing.-No member of the Industry shall knowingly withhold from or insert in, any quotation, contract, or invoice 

any statement that makes it inaccurate in any material particular. 

RULE 4. lnacowrate Labeling.-No member of the Industry shall 

brand or mark or pack any commodity in any manner which tends 

to deceive or mislead purchasers with respect to the brand, grade, 

quality, quantity, origin, size, material content, or preparation of 

such commodity. 

RULE 5. Inaccurate R ef erence to Competitors, E tc.-No member of 

the Industry shall publish advertising which intentionally refers 

inaccurately in any n1aterial particular to any competitors or their 

commodities, prices, values, credit terms, policies, or services. 

RULE 6. Threats of Lawsuits.-N o member of the Industry shall 

publish or circularize unjustified or unwarranted threats of legal 

proceedings which tend to or have the effect of harassing competitors 

or intimidating their customers, and failure to prosecute diligently 

shall be evidence of such harassment or intimidation. 

RULE 7. S ecret and Discriminatory Rebates.-No member of the 

Industry shall offer or make any secret or discriminatory payment 

or allowances of a rebate, refund, commission, credit, unearned dis-
189 

count, or excess allowance, whether in the form: of money or other• 

wise, :for the purpose of influencing a sale, nor sh.all a, member extend 

to any customer any secret or discrim.iD~tory special service or privilege not extended to all customers of the same cla...c:.s. 

RULE 8. Giving Gratuities or Rewards to EmployeeSJ.-No member 

of the Industry shall give, permit to be given, or o:iier to give anything of value for the purpose of influencing or rewarding the a.ction 

of any employee or agent of another in relation to the business of 

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

or without know ledge of such employer or principal, pro-rided that 

nothing herein shall prohibit the free and general distribution o:f 

articles -used solely for advertising. 

RULE 9. Interference with Another's Oont1--acts.-No member of the 

Industry shall induce or attempt to induce the breach of an existing 

contract between a competitor and his employee or customer or som-ce 

of supply; nor shall any such member interfere with or obstruct the 

performance of such contractual duties or services. 

RULE 10. Ship~nt of Oom;mo@ities on Oonsign1nent.-No member 

of the Industry shall ship c9mmodities on consignment, except under 

circumstances and conditions approved by the Code .Authority. 

ARTICLE IX-COMPLAINTS AND .A_ppEALS 

SECTION 1. Right of Appeal to Divisions.-Any interested party 

shall have the right of complaint to any Divisional Agency and 

prompt hearing and decision therein with respect to any act10n by 

it under this Code under such rules and regulations as it may 

prescribe. 

SEc. 2. Method of Appeal to Authority.-Any interested party 

shall have the right to appeal to the Code Authority from any decision o:f a Divisional Agency under such procedure as the Code 

Authority shall prescribe. 

SEc. 3. Right of Oomplaint to Authority.-Any interested party 

shall have the right of complaint to the Code Authority and prompt 

hearing and decision thereon under such procedure as it shall prescribe in respect to any rule, regulation, order, or finding made, or 

course of action pursued by the Code Authority. 

SEc. 4. Right of Appeal to Administrator.-Any interested party 

sh.all have the right of appeal to the Administrator under such procedure as he shall prescribe in respect to any decision, rule, regulation, order, or finding made, or course of action pursued by any 

agency pursuant to this Code. 

ARTICLE X-MONOPOLIES 

No provisions of this Code shall be interpreted or applied in such 

manner as to promote or permit monopolies or monopolistic practic~s or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI-MODIFICATIONS 

SECTION 1. President May Modify O ode.-This Code and all the 

provisions thereof are expressly made subject to the right of the 
190 

President, in accordance with the provisions of subsection (b) of 

Section 10 of the National Industrial Recovery Act, from time to 

time to cancel or modify any order, approval, license, rule, or regu- lation issued under Title I of said Act and specifically, but without 

limitations to the right of the President to cancel or modify his 

approval of this Code or any conditions imposed by him upon his 

approval thereof. 

SEc. 2. Amendm,ent of O ode.-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 after such notice and hearing as 

he shall specify, shall become effective on approval of the President. 

ARTICLE XII-EFFECTIVE DATE AND TERMINATION 

This Code shall become effective on the second Monday after it 

shall have been approved by the President. It shall continue in 

effect until June 16, 1935, or until such time prior thereto as the 

President, by proclamation, or the Congress shall by joint resolution, declare that the emergency recognized by Section 1 of the 

National Recovery Act has ended . 

.Approved Code No. 208. 

Registry No. 1122-09. 

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UNIVERSITY OF FLORIDA 

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