Approved Code No. 179 Registry No. 503-02

NATIONAL RECOVERY ADMINISTRATION

CODE OF FAIR COMPETITION

FOR THE

ELECTROTYPING AND

STEREOTYPING INDUSTRY

AS APPROVED ON DECEMBER 23, 1933

BY

PRESIDENT ROOSEVELT

MEMBER

R

WE DO OUR PART

1 Exeetuve Order

2. Letter of Transmittal

3. Code

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Approved Code No. 179

CODE OF FAIR COMPETITION

FOR THE

ELECTROTYPING AND .STEREOTYPING

INDUSTRY

As Approved on December 23, 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 Electrotyping and Stereotyping Industry, and hearings having been held thereon and the Administrator having

rendered his report containing an analysis of the said 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 1). 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, 1933, and

otherwise, do hereby adopt and approve the report, recommendations

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

of Fair Competition be and it is hereby approved, subject to the

following conditions:

1. That the maximum hours of work specified in Article IIl of

the Code and/or any other provisions of the Code relating to hours

of work, shall not be construed as a miininun work day or work

week;

PROVIDED, that if at any time in any locality, employees engaged in any trade or craft, through their chosen representatives,

express by written request to their employer or employers, a desire

290460-296-105---33 (415)
416

to share available work with bona fide resident competent mechanics

in their particular trade or craft, the number of hours may be adjusted by mutual agreement;

PROVIDED further, that if local agreement proves impossible

within fifteen (15) days after such request, the question may be

appealed by either party to a local Board set up by mutual agreement of the parties, or to the Labor Board established in Article VIII

of the Code.

2. That my approval of the Code as a separate Code is limited to

a period of three (3) months from the effective date thereof, and the

Administrator is hereby authorized, after such public notice and

hearing as he may prescribe, to require the Electrotyping and Stereotyping Industry to operate -mder the Code of Fair Competition for

the Graphic Arts Industries.

PROVIDED, however, that if the Administrator so orders, no

changes in any provisions of the Code of Fair Competition for the

Electrotyping and Stereotyping Industry other than appropriate

modifications of the definitions and of the Administrative provisions

of said Code, are authorized by this Order of Approval.

FRANKLIN D. ROOSEVELT.

Approval recommended:

HUGH S. JOHNSON,

Administrator.

THE WHITE HOUSE,

December 23, 1933.
The PRESIDENT, 

DECEMBER 22, 1933.

The Wh ite House.

SIR: Hearings were held on a Code for Electrotyping and Stereotyping coincidentally with the hearings on the other Graphic Arts

Codes.

The Electrotyping and Stereotyping Industry was reluctant to

conic under the scope of such a basic' code. Its attitude was the

same as that of the Photo-Engraving Industry and the reasons

for it are discussed at some length in my reports on the Graphic

Arts and Photo-Engraving Codes and in the memorandum by Deputy Administrator Lindsay Rogers which is part of the Graphic

Arts record. I recommend the approval of a separate code for

Electrotyping and Stereotyping and suggest that your Executive

Order make two conditions of approval of the code which will be

more specifically referred to later.

EXTENT OF THE INDUSTRY

In the year 1929, according to the Census of Manufactures, there

were 230 trade stereotyping and electrotyping establishments emliploying during the year an average of 6,487 wage earners at an

average annual salary of approximately $2,100. The total value

of production during this year was in excess of $35,000,000. In

common with other branches of the Graphic Arts Industries these

wage earners are for the most part highly skilled mechanics.

By 1931, employment in this branch of the industry had declined

to 4,857 representing a decrease of over 25% from the 1929 level.

It has not been possible to determine the extent to which unemployment has further grown at the present time, but there is no question

that in common with other branches of the Graphic Arts it presents

a very serious problem.

HOURS AND WAGES

In common with the Photo-Engraving Code a 40-hour work week

is established as a maximum for productive employees. As I emphasized in my report to you on that trade the application of these provisions cannot be expected to reduce unemployment to any appreciable extent. It is to be hoped that voluntary work-sharing programs will be instituted, and continued where now prevalent to take

up the slack and to ameliorate to some extent the. conditions now

prevailing among this highly skilled group of workers.

A basic minimum wage rate of $1.00 per hour for electrotyping and

stereotyping journeymen is specified in this Code with an increase

of 10% for night workers. As in the case of the Photo-Engraving

Code this represents substantial agreement between the industry

(417)
418

and the representatives of organized labor. The provisions for other

employees conform essentially to those adopted in codes previously

approved.

TRADE PRACTICES

The provisions regulating trade practices appear to be intelligebtly designed to prevent lmsound competition in this industry, and

involve no unsound economic policies.

ANALYSIS OF CODE

The Code as recoinniended may be summarized as follows:

Article I states the purposes of the Code.

Article II sets forth various definitions.

Article III prohibits the employment of persons under 16 years

of age in this industry, embodies the mandatory provisions of Section 7 (a) of the National Industrial Recovery Act, and contains

other provisions relating to general labor conditions.

Article IV provides a standard work week of 40 hours with certain

exceptions.

Article V sets minimum wage scales.

Article VI establishes a standard basis of estimating and pricing

and of determining costs of production.

Article VII constitutes a Code Authority and gives it certain

powers. Article VIII establishes a joint Labor Board to consider and pass

upon any alleged violations, disputes or nonobservance of the Labor

Provisions of this Code.

Article IX regulates trade practices.

Article X provides for the modification of this Code in accordance

with the provisions of subsection (b) of Section 10 of the National

Industrial Recovery Act.

Article XI specifies that no provision of this Code shall be so

applied as to permit monopolies or monopolistic practices; and

Article XII fixes the effective date of the Code.

CONDITIONS OF APPROVAL

I recommjend that your Executive Order suggest to the Industry

the desirability of reducing the work week below forty hours when

this can be done by 8greeneit between representatives of the emplWyers :111d representatives of the employees and that you empower

th1 Labor Board, which the Code sets up, to act as an agency in

wling its good offices to effect proper adj ust ments below the maximum

of fort y h mirs per week.

The dWsire of the ra phie Arts Indlistries to lha-Ve the basic code

Cover Electrotyp ing and Stereot piing has already been referred to.

hle ])I.(. c e does I ot covr (1pri Vat ely owned elect rotyp) ing and

stereotypi' e.tb:11 di n ts (that is, )(era ted ill c n section with

COM IrCial prilitinig est:1blishwk ')1 ]lot mlakinig electrotyping

al ('r(otypig hr 8 le). Sici pri\vatoIy owiwd establisliments

are Covcred nnde'r the ( graphic Arts Code. Conflicts of jiirisdiction

8 are bomid to rise.
419

Under these circumstances, I recommend that youir Execittive

Order approving this Code make, as a condition of approval, the

stipulation that the separateness of the Code for the industry be

reconsidered at the expiration of a three-months p period. When this

period elapses the Code will be continued as a separate code or its

provisions will be incorporated unchanged in the Graphic Arts basic

code. The industry agrees to this condition of approval.

I am making the same recommendation in respect of the separate

code for Photo-Engraving and in respect of the Graphic Arts Code, since it may turn out that certain industries and groups are improperly under this Code.

FIN DI NC S

The Administrator finds that:

(a) The Code complies in all respects with the pertinent provisions of Title I of the National Industrial Recovery Act, including

without limitation subsection (a) of Section 7 and subsection (b)

of Section 10 thereof; and

(b) The International Association of Electrotypers imposes no

inequitable restrictions upon the membership therein and is truly

representative of the Electrotyping and Stereotyping Industry; and

(c) The Code is not designed to promote monopolies or to eliininate or oppress small enterprises and will not operate to discriminate against them, and will tend to effectuate the policies of Title I

of the National Industrial Recovery Act.

I reconunend that the Code be approved.

Respectfully,

HUGH S. JOHNSON,

Adm inistrator.
CODE OF FAIR COMPETITION

FOR THE

ELECTROTYPING AND STEREOTYPING INDUSTRY

ARTICLE I-PURPOSES

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

for the Electrotyping and Stereotyping Industry, and its provisions

shall be the standards of fair competition for such industry and

shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

The term "electrotyping and stereotyping industry " as used

herein, includes all plants engaged in the production or partial production of electrotypes, stereotypes, matrices, wax engravings (running shells, casting and finishing), aluminotypes, and rubber plates, used in relief printing and/or made for sale or for the use and benefit

of the producers or of others than the person, firm, or corporation

that produces such products, and all persons, firms, or corporations

that purchase the above-named products for the purpose of resale;

excepting newspaper and periodical publishers who own and print

their own publication or publications and who manufacture the

product or products of the electrotyping and stereotyping industry for their own publications only.

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.

The term - employee " or " employees " as used herein, is defined

to include all persons hired or employed by any employer, as above

defined, and the members of the family of any employer who are

egaget in ( c ying on any operations within the Electrotyping

an(l N(ereotyping Industry, whether employed or not; excepting

those pej'rons who serve in executive, administrative, supervisory,

awl s S cap aciti's.

'nd "Adiiiiiiistrator Th'elc as for-is used herein "At mian re- a 

spe i vel Title I of the National I ndistrial Rltcovery Act, and the

A (ithiinistrator for Iii ndstrial Rec'very.

The te 111. Siolia(ran Scale " shall mtiean the Standard Scale of

(lect r ot * os 1)111)IPblihed n uiii H pOaroved by the Interiiati onal Assoepituiio of Elil yIVpFs Septemliber 24, 1(031, o any subsequent

l'uoIItIIAM bI*) flit I'lli tIL dS ' Ii ('ode shall be determined by

nrelrtice to tI lie 1ft' Vt'tl'i ( enlsis.
421

ARTICLE III-GENERAL LABOR CONDITIONS

1. No person under sixteen years of age shall be employed in the

industry. No person under eighteen years of age shall be employed

at operations or occupations which are hazardous in nature or dangerous to health.

2. No provision in this Code shall supersede any State or Federal

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.

3. In compliance with Section 7 (a) of the Act it is provided-

(a) That employees shall have the right to organize and bargain

collectively through representatives of their own choosing, and shall

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

(b) That no employee and no one seeking employment 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

(c) That employers shall comply with the inaximnium hours of

labor, minimum rates of pay, and other conditions of employment

approved or prescribed by the President.

4. Nothing in this Code shall be construed or applied to supersede or interfere with existing agreements arrived at by bona fide

collective bargaining.

5. Every employer shall make reasonable provision for the safety

and health of his employees at the place and during the hours of

their employment.

6. Standards for safety and health shall be submitted by the Code

Authority to the Administrator for approval within three months

after the effective date of this Code.

7. A placard containing all the provisions of this Code relating

to hours, wages, and employment shall be posted in a prominent

place in the workrooms of each establishment operating under this

Code.

8. The Code Authority of the Industry will regulate or standardize

conditions of employment other than hours and wages.

ARTICLE IV--HoURS OF LABOR

1. No mechanical employee including proprietors, supervisors, foremen and/or others for the time actually engaged in mechanical

work, 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 provided. The total number of hours worked

in any twenty-four (24) hour period shall be continuous except for

lunch period of not less than thirty minutes and not more than one

hour. It is not intended that any of the foregoing provisions shall

limit the number of days per week a plant may operate, nor the

number of shifts per day.
422

2. When necessary, overtime shall be permitted, but no person shall

work more than a total of 520 hours in any consecutive 13 weeks;

provided that when, due to the special character of the work, or

when suitable help is unavailable, overtime shall be permitted in

excess of the maximum hours herein provided. Overtime shall consist of all work performed in excess of the current daily schedule

of working hours and maximum weekly hours, and shall be paid for

at not less than time and one half of the employee's regular rate; for

work on Sundays and customarily observed holidays, at not less than

double time.

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

any time which, when totaled with that already performed with

another employer or employers in this Industry exceeds the maximum permitted herein.

4. The provisions of this article shall not apply to outside salesmen and persons employed in a managerial or executive capacity, who receive more than thirty-five dollars ($35.00) per week, excepting those engaged in the production of electrotyping and stereotyping, nor to emergency maintenance and repair men, janitors,

drivers, and delivery men, provided that such employees shall not

be permitted to work in excess of 48 hours per week.

ARTICLE Y-WAGES

1. The minimum wages to be paid shall be as follows:

Electrotype and Stereotype Journeymen, $1.00 per hour.

Branchmen (if before June 16. 1933), $0.90 per hour.

Laborers, $0.40 per hour.

The minimum rate for night shifts shall be not less than 10%

above day rate.

2. Each establishment, with the exception of those-

(1) Which are operating under wage agreements arrived at

by collective bargaining; and

(2) Those which are paying not less than the wage rates which

they were paying on July 15, 1929-

shall make increases in its average hourly compensation for all

classes of skilled labor within 30( days after this Code becomes effective, on the following basis:

Including increases made tinder Section 1 of this Article, each plant

shall increase the hourly rates to a point where (including increases

made since July 1, 1933) they are 10 percent higher than the hourly

rates in effect on July 1, 1933, with this limitation, that they need

not increase rates above tiose paid on July 15, 1929, in the same plant

or in similar plianits in the saile locality calling within the above

clatses (1) and (2).

Within 3( 3. davs after this (.ode beciles effectiN-e aly rate in-

(re8.ses iitider Sevhiio0 1 and 2 titust be fitil her augimetlted, if iecessary to brill le 1%Verage hiolirly comiip sensation paid above the com lpenir n i a in ea ch :ablislutielit 111) to 90 percent of tl' hourly ratl previ ii ilil ()I Ju1V 1, 1933, ill the saiiie l]cality, for those base

Oes cf hilb bIbr0 t1:mied in the scliehIlle set foth ill Section 1

It crf 0f.
423

Prevailing rates shall be the average of the hourly rates paid to

the employees constituting that 50 percent of each class of skilled

employees coming under this Code in that locality which was receiving the higher hourly wage rates on July 1, 1933. For example, if in

a locality, a total of thirty journeymen were employed, ten of whom

were receiving $1.20 per hour and twenty of whom were receiving

$1.05 per hour, the prevailing rate would be the weighted average of

$1.20 for ten journeymen and of $1.05 for five journeymen (making

together 50 percent of the total nonber) or $.15, and 90 percent

thereof would be $1.035.

4. It is specifically understood that the foregoing provisions are

intended to establish only minimum and not maxinum wage requirements.

5. The ratio ofapprentices shall be not more than one apprentice

to three journeymen regularly employed, provided that this provision shall not apply to apprentices employed on or before December

1, 1933. The minimum wages for apprentices shall be based upon

length of experience as follows; First year, 300 per hour; second

year, 350 per hour; third year, 450 per hour; fourth year, 600

per hour; fifth year, 75 per hour. All apprentices employed by

employers in this Industry shall be registered with the Code

Authority.

6. Employees not otherwise covered by this Article shall be paid

at not less than the following rates: $15.00 per week in any city of

over 500,000 population or in the immediate trade area of such city;

$14.50 per week in any city of between 250,000 and 500,000 population or in the immediate trade area of such city; $14.00 per week in

any city between 2,500 and 250,000 population or in the immediate

trade area of such city; $12.00 per week in towns of less than 2,500

population. No errand or messenger boy shall be paid less than 80%

of the minimum wages specified in this section for the applicable

area.

ARTICLE VI-COSTS

1. The basis of estimating and pricing in the Electrotyping and

Stereotyping Industry shall be the Standard Scale, which scale

was adopted on September 24, 1931, or such revisions thereof as may

from time to time be approved by the Code Authority and the

Administrator.

2. The principle of pricing shall be one price from any nieniber

to all of his customers for like services and like conditions of production and costs.

3. Every electrotype and stereotype establishment shall maintain

the Standard Cost Finding System and Standard Accounting System approved by the International Association of Electrot , ypers and

by the Administrator; or systems comparable therewith when approved by the Code Authority or by the Adinistrator.

4. Selling below the cost of production shall be a violation of this

Code, provided, however, that any producer may sell at below his

cost to meet the competition by any other producer who does not

violate the Code.

5. Cost of production as herein used should inichi(le all direct

labor and material at cost or market, whichever is lower, )lus a pro-
424

portionate share of all indirect expenses, inclusive of depreciation

and/or depletion computed according to the maximum rates of the

Income Tax Procedure; but exclusive of any reserves for purposes

other than depreciation, exclusive also of interest paid and developmental expenses, provided that the distribution of such indirect expenses per unit of product should be on the basis of an average rate

of utilization of plant facilities by efficient producers during the

period 1927-32.

ARTICLE VII-ADMINISTRATION

1. There shall be constituted a Code Authority consisting of five

(5) persons who shall be truly representative of the employers, and

who shall be selected by the Executive Committee of the International Association of Electrotypers.

2. In addition to membership as above provided, there may be

three (3) members, without vote, to be appointed by the Administrator to serve without expense to the Industry.

3. Each trade association or group 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 made thereto, together

with such other information as to membership, organization, and

activities as the Administrator may deem necessary to effectuate the

purposes of the Act.

4. In order that the Code Authority shall at all times be truly

representative of the Industry 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

Aiithoritv.

5. 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. Such

reasonable share of the expenses of administration shall be determiiied by the Code Authority, subject to review by the Administratot-. on the basis of the number of mechanical employees employed

and/or SitUch other factors as the Code Authority may deem

e(gIlitable.

(. Notliiig contained in this Code shall constitute the members

of the Code Antihtority partners for any puirpose. Nor shall any

iimber of tie Code Aithority be liable in any manner to anyone

for a cy t, of ally ohl.er mneiiber, officer, agent, or employee ol the

Code AiitioritY. Nor shall any member of the Code Authority, -cereisilig roasoIable diligenice if the conduct of his duties hereunder. he liable to :ilvYonle for any action or omission to act uinider

this Code, except for his owni willful misfeasance or nonfeasance.
425

7. The Code Authority shall have the following further powers

and duties, the exercise of which shall be reported to the Adnunistrator 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 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.

(d) To use such trade associations and other representatives and

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, representatives. and other 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 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; to recommend to the Administrator measures for industrial planning, including stabilization

of employment. Such recommendations when approved by the Admiinistrator shall have full force and effect as provisions of this

Code.

(h) In the absence of cost data and pending the compilation of

such data in all electrotype and stereotype establishments, to prescribe regulations for determining the cost of production in each

establishment, based upon that establishment's own actual expenses, for the purpose of enforcing Section 4 of Article VI.

(i) Any regional agency or agencies established in a locality as

provided by the bylaws of the Code Authority slall have the right

to prescribe credit terms for all establishments in such locality, subject to review by the Code Authority and the Administrator.

(j) Such regional agency or agencies shall also have power to

establish standard forms of invoicing and billing. subject to the

approval or review of the Code Authority and the Administrator.
426

ARTICLE VIII-LAoR BOARD

A Labor Board to consist of three members shall be established,

two members truly representative of the Industry to be selected by

the International Association of Electrotypers, and one member to

be selected by the International Stereotypers and Electrotypers

Union of North America. This Board shall consider and pass upon

alleged violations, disputes, or nonobservance of the labor provisions

of this Code. All decisions of the Labor Board shall, if unanimous,

be final. In the event that no agreement is reached the matter shall

be referred to the appropriate governmental agency.

ARTICLE IX-TRADE PRACTICE RULES

1. Violation of credit terms agreed upon in a given locality shall

be a violation of this Code, provided that it shall not be a violation of

this Section to offer credit terms in any locality other than that in

which any establishment is situated as favorable as those provided for

establishments in such other locality according to the provisions of

Section (i) of Article VII.

2. Failure to apply rules respecting legitimate charges for extras

and misrepresentation of classified work as set forth in the Standard

Scale shall be a violation of this Code.

3. Estimates made upon work done by another electrotyping or

stereotyping concern for the purpose of a check estimate shall only

be furnished when the estimator has access to all copies and specifications involved in the original order.

4. Electrotypers or Stereotypers who secure an order on a competitive-bid basis may be required by the Code Authority, upon

request of any unsuccessful bidder, to file their specifications and

prices with the Code Authority so that it may determine whether any infraction of this Code has been committed.

5. The sale or invoicing of the manufactured product without

the use of the Standard Scale, together with suitable discounts or

additions, shall be a violation of this Code.

6. The payment or allowance of rebates, commissions, credits or

unearned discounts, whether in the form of money or otherwise, or

extending to certain purchasers special services or privileges not

extended to all purchasers under like terms or conditions, shall

constitute a violation of this Code.

7. No inenber 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 business of the employer of such

eniployee, the principal of such agent or the represented party, without trie knowledge of such employer, principal or party. Conmnercial bribery provisions shall not be construed to prohibit free and

general distribution of art iles conmnonly used for advertising except

so far as -ivh articles are actually used for conilnercial bribery as

hereinabove defined.

S. Offers, secret or otherwise, to furnish electrotyp, )" or stereotypws or other products of the eleCt rotyping or stereotyping Industry

free of crge or belov cost to influence the sale of other products or

services, shall coiistitute a violation of this Code.
427

9. Offers, secret or otherwise, to furnish other products or services

free of charge or below cost to influence the sale of electrotypes or

stereotypes or other products of the electrotyping or stereotyping

industries, shall constitute a violation of this Code.

10. Inducing breach of contracts or agreements, espionage, imitation of trade names, or enticement of employees for the purpose of

injuring a competitor, shall constitute a violation of this Code.

If. No member of the Industry shall publish advertising (whether

printed, radio, display, or of any other nature), which is misleadino

or inaccurate in any material particular, nor shall any member, in

any way misrepresent any goods (including but without limitation

its use, trademark, grade, quality, quantity, origin, size, substance, character, nature, finish, material content or preparation) or credit

terms, values, policies, services, or the nature or form of the business

conducted.

12. No member of the Industry shall knowingly withhold from or

insert in any quotation or invoice any statement that makes it inaccurate in any material particular.

13. No member of the Industry shall attempt to induce the breach

of an existing contract between a competitor and his employee or

customer or source of supply; nor shall any such member interfere

with or obstruct the performance of such contractual duties or services, provided that nothing in this section shall be construed as

preventing any employer from otherwise offering or giving employment to any person in the employ of another; and provided that

nothing in this section shall prevent any employee from offering his

services to a competitor, nor preventing any employer from employing the employee of another member of the Industry where the

initiative in such change is taken by the employee.

14. Willful or malicious defamation of competitors or the disparagement of competitors' products, policies, equipment, or personnel shall constitute a violation of this Code.

ARTICLE X-MODIFICATION

1. This Code and all the provisions thereof are expressly made

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of the Act, from time to time

to cancel or modify any order, approval, license, rule, or regulation

issued under said Act.

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

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

modifications 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 President.

ARTICLE XI--MoNoPoLIEs

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 XII-EFFECTIVE DATE

This Code shall become effective on the second Monday after its

approval by the President.

Approved Code No. 179.

Registry No. 503-02. 0
UNIVERSITY OF FLORIDA

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