Approved Code No. 526 Registry No. 1399-66 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

FLOOR MACHINERY 

INDUSTRY 

AS APPROVED ON OCTOBER 17, 1934 

'WE DO OUR PART 

ST-A-TES 

GOVERNMENT PRINTING OFFICE 

WASlliNGTON: 1934 

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Approved Code No. 526 

CODE OF FAIR COMPETITION 

FOR THE 

FLOOR MACHINERY INDUSTRY 

As Approved on October 17, 1934 

ORDER 

APPROVING CODE OF FAIR COMPETITION FOR THE FLOOR MACHINER~ 

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 Floor Machinery Industry, and hearings 

having been duly held thereon and the annexed report on said Code-1 

containing findings with respect thereto, having been made and 

directed to the President: 

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

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859 and otherwise, does hereby incorporate 

by reference said annexed report and does 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 does hereby 

order that said Code of Fair Competition be and it is hereby 

approved. 

N .ATION AL INDUSTRIAL RECOVERY BOARD, 

By G. A. LYNCH, Adminutrative Officer. 

Approval recommended: 

fuLBOURNE JOHNSTON, 

Acting Division Administrator. 

w .ASHINGTON, D. c., 

October 17, 1934. 

91851°-1244-64-84 (29) 
REPORT TO THE PRESIDENT 

The PRESIDEN T, 

The White Howse. 

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

Floor ~1achine,ry Industry, public hearing on which was held in 

Washington, D. C., on July 12, 1934, in accordance with the provisions of the National Industrial Recovery Act: 

PROVISIONS OF THE CODE AS TO WAGES AND HOURS . 

This Code provides for a maximum working period of forty ( 40) 

hours per week, eight (8) hours in any twenty-four (24) hour period, 

and six ( 6) days per week. The following are excepted: 

(a) Executives and managerial employees receiving thirty-five dollars ($35.00) or more per week, traveling salesmen and collectors. 

(b) Employees on emergency maintenance or repair work who 

are to be paid at least one and one-half (11⁄2) times the normal rate 

for time worked in excess of eight (8) hours per day, or forty ( 40 ) 

hours per week. 

( c) Employees meeting the requirements of peak demand for any 

six (6) weeks in any six (6) months' period who are to be paid not 

less than one and one-half (11⁄2) ti1nes the normal rate for time 

worked in excess of eight (8) hours in any one day or .forty (40) 

hours in any one week. 

( d) vVatchmen are permitted to work fifty-six hours per week. 

(e) Stock and shipping clerks and delivery employees may work 

not to exceed forty-four (44) hours per week, with time and one• 

half (11⁄2) paid for hours worked in excess of eight (8) hours per 

day or forty ( 40) hours per week. 

This Code provides for minimum rates of pay of forty cents ( 40¢) 

per hour. It provides for minimum rates of pay for office employees 

of fifteen dollars ($15.00) per week, except in cities of less than 

250,000, when the minjmum rate is fourteen (14) dollars per week. 

Child labor is prohibited, and no person under eighteen ( 18) years 

of age may be employed at occupations or operations which are 

hazardous in nature or dangerous to health. 

Provisions are 1nade for posting of complete copies of the Code 

and any amendments or modifications which may later be approved. 

ECONOMIC EFFECTS OF THE CODE 

This is a comparatively small industry, the products of which are 

used in the conditioning and maintenance of floor surfaces. 

There are some thirty-four known members of the industry of 

which fourteen represent between 90% and 95 % of the production 

volume. 

(30) 

,.. 
31 

The industry generally has operated for the past year under the 

President's Reemployment Agreement, under which wages were 

raised in 1933 about 25 % . The estimated production volume of the industry in 1929 was 

$3,200,000, and it employed a total of 671. In 1933 the production 

volume had shrunk to $1,800,000, and there were only 383 employees. 

While there has been an increase of about 10% in the number of 

employees in 1934, a substantial increase is possible only through a 

general resumption of business activity. 

It is expected that the adoption by the industry of the Trade 

Practice Rules provided in this Code will materially assist in restoring this industry to a healthy basis of operation. 

FIN DINGS 

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

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

It is found 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 o:f 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 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 ca,Pacity 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 association is an industrial association truly representative of the aforesaid 

Industry; and that said association imposes no inequitable restrictions on admission to membership therein. 

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

or monopolistic practices. 

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

.small enterprises and will not operate to discriminate against them. 

( f) Those engaged in other 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, we have approved this Code. 

For the National Industrial Recovery Board: 

OCTOBER 17, 1934. 

G. A. LYNOII, Ad?ninistrative Officer. 
CODE OF FAIR co:MPETITION FOR THE FLOOR 

11.A.CHINERYINDUSTRY 

ARTICLE I-PURPOSES 

To e:ff ectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are ubmitted as a Code of 

Fair Competition for the Floor l\fo,chinery Industry, and upon approval shall be the standards of fair competition for such industry 

and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term " Floor :Machinery Industry " or the " Industry" mean the manufacture for ale of floor waxing, scrubbing, polishing, sanding, refinishing, or surfacing machinery. 

SECTION 2. The term "Employee", as used herein, includes any 

and all persons engaged in the industry, however compensated, ex- cept a member of the indu try. 

SECTION 3. The term" Employer", as us d herein, includes anyone 

by whom any such employee is compensated or employed. 

SECTION 4. The term ":Member of the Industry" as used herein, 

includes, but without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in the Industry either as an emplo er, or on his or its own behalf. 

SECTION 5. The term ' .Association ", as u ed herein, means the 

Floor Machinery i\fanufacturers A sociation. 

SECTION 6. The terms "Pre ident ", 'Act" and "Administrator", as used herein, mean re pectively the Presjdent of the United States 

of America, Title I of the National Industrial Recovery Act and 

the Administrator :for Indu trial Recovery under said Act. 

ARTICLE III-HOURS 

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

eight (8) hours in any twenty-four (24) hour period, or in excess of 

forty ( 40) hours in any one week or more than six ( 6) days in any 

seven (7) day period, except as otherwise expressly provided in this 

Article III. 

SECTION 2. (a) The provisions of this Article III shall not apply 

to persons employed in managerial or executive capacities who are 

paid thirty-five (35) dollars or more per week ( or to traveling salesmen or to collectors who are paid on a commission basis) . (b) Watchmen hall not be permitted to work in excess of fiftysix ( 5G) hours per week. 

SE TI0:N 3. (a) The maximum hour fixed in Section 1 hereof 

shall not apply for six (6) weeks jn any tw nty-six (26 ) weeks 

period, during which overtime shall not e:s:ceed eight (8) hours in 

(32) 
33 

any one week. In any such case at least one and one-half (11⁄2) 

times the regular rate shall be paid to each such employee for hours 

worked in excess of eight (8) hours in any twenty-four (24) hour 

period, or in excess of forty (40) hours in any seven (7) day period. 

(b) The maximum hours fixed in Section 1 hereof shall not apply 

to any employee on emergency maintenance or repair work involv1ng break-downs or protection of life or property, but in any such 

special case at least one and one-half (11⁄2) times his regular rate 

shall be vaid to each such employee for hours worked in excess of 

eight ( 8) hours in any twenty-four hour period or in excess of 

forty ( 40) hours in any seven (7) day period. -

( c) Stock and shipping clerks and delivery employees shall be 

permitted to work not in excess of forty-four ( 44) hours per week, 

provided that at least one and one-half (11⁄2) times the regular 

rate shall be paid each such employee for hours worked in excess of 

eight (8) hours in any twenty-four (24) hour period or in excess of 

forty ( 40) hours in any seven (7) day period. 

SECTION 4. No employer shall knowingly permit any employee to 

work for any time which when totaled with that performed for 

another employer or employers exceeds the maximum permitted 

herein. 

SECTION 5. No employer shall work any accounting or clerical employee more than forty ( 40) hours in any one week nor more than 

six (6) days in any seven (7) day period or more than eight (8) 

hours 1n any twenty-four (24) hour period. 

ARTICE IV-WAGES 

SECTION 1. No employee shall be paid less than at the rate of forty 

( 40) cents per hour, except as hereinafter provided. 

SECTION 2. No clerical or office employee shall be paid less than 

at the rate of fifteen (15) dollars per week, except in cities of less 

than 250,000 the minimum rate shall be fourteen (14) dollars per 

week. 

SECTION 3. (a) Office boys and girls or messengers may be paid 

not less than at the rate of eighty ( 80) percent of the minimum rate 

for clerical and office employees established in Section 2 of this 

Article, but the total number of such office boys and girls and messengers employed by any one employer shall not exceed five ( 5) percent 

of the total number of office employees of such employer, provided, 

however, that each employer shall have, the right to employ one such 

boy or girl or mes.senger. The wage provisions of this article shall 

not a:pply to outside salesmen who are compensated wholly on a 

comrrussion basis. 

(b) A person whose earning capacity is limited because of age or 

physical or mental handicap or other infirmity may be employed at 

light work at a wage below the minimum established 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. Such authority shall be guided by the instructions of the 

Department of Labor in issuing certificates to such persons. Each 

employer shall file with the Code Authority a list of all such persons 
34 

employed by him, showing the wages paid to, and maximum hours of 

work of, each such employee. SECTION 4. (a) This Article establishes a minimum ra.te of pay 

regardless of whether an employee is compensated on a time rate or 

piece-work or other basis. 

(b) The rates of compensation of all employees receiving more 

than the minimum herein established shall be equitably adjusted by 

all employers who have not already done so since June 16, 1933; 

provided that in no case shall hourly or piecework rates be reduced 

nor shall any office employee have his weekly compensation reduced 

on account of a reduction in t~e hours of employment in conformity 

with the provisions of Article III. vVithin thirty (30) days after 

the effective date, each employer in the Industry shall report to the 

Admini trator, through the Code Authority the action taken by him 

since June 16, 1933, in adjusting the rate of all hourly and piecework 

employees and of all office employees receiving less than thirty-five 

( 35) dollars per week of regular work period. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) y,ears of age shall be employed in the industry, nor anyone under eighteen (18) years of age 

at operations or occupations hazardous in nature or detrimental to 

health. The Code Authority shall submit to the Administrator 

within sixty ( 60) days after the effective date of this Code a list of 

such operations or occupations. In any State an employer shall be 

deen1ed to have complied with this provision if he shall have on file 

a certificate or permit duly signed by the authority in such State em- powered to issue employment or age certificates or permits showing 

that the employee is of the required age. 

SECTION 2. As required by Section 7 (a) of the Act, it is hereby 

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) 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 

choo ing. 

( 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. 

SECTION 3. Female employees performing substantially the same 

work as male employees shall receive the same rate of pay as male 

employees; and where they di place. men, they shall receive the same 

rate of earnin°·s as the men they displace. The Code Authority shall 

within ninety (90) days after the effective date of this Code, file 

with the Administrator a description of all occupations in the Industry in which both men and women are. employed. 

SECTION 4. An employer shall make payment 0£ all wages due in 

lawful currency or by negotiable check therefor, payable on demand. 
35 

These wages shall be exempt :from any payments for pensions, insurance, or sick benefits other than those voluntarily paid by the wage 

earners, or required by the law. Wages shall be paid at least at the 

end of every two weeks' period and salaries at least at the end of 

every month. No employer shall wjthhold wages except for legal 

cause. The employer or his agents shall accept no rebates directly or 

indirectly on such wages nor give anything of value or extend favors 

to any person for the purpose of influencing rates of wages or the 

working conditions of his employees. 

SEcTIO:N" 5. No provision in this Article shall modify established 

practices or privileges as to vacation periods, leaves of absence or 

temporary absences from work heretofore granted to office employees. 

SECTION 6. Every employer shall provide for the safety and health 

of employees during the hours and at the places of their employment. Standards for safety and health shall be submitted by the Code 

Authority to the Administrator within three months after the effective date of this Code. 

SECTION 7. No employer shall reclassify employees or duties of 

occupations perform€d or engage in any other subterfuge for the 

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

this Code. 

SECTION 8. No provision in this Code shall supersede any State or 

Federal law which imposes on employers more stringent require- ments 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 as imposed by this Code. 

SECTION 9. All employers shall post and keep posted copies of this 

Code in conspicuous places acce sible to all employees. Every member of the Industry shall comply wjth all rules and regulations relative to the posting of provisions of Codes of Fair Competition which 

may from time to time be prescribed by the Administrator. 

SECTION 10. No employer subject to this Code shall dismiss or 

demote any employee for making a complaint or giving evidence 

with respect to an alleged violation of the provisions of this Code. 

ARTICLE VI-ORGANIZATION, POWERS AND DUTIES OF THE CODE 

AUTHORITY 

SECTION 1. A Code Authority is hereby established to administer 

and facilitate the enforcement of this Code. 

SECTION 2. (a) During the period not to exceed thirty (30) days 

following the approval of the Code, the Board of Directors of the 

Association shall constitute a temporary Code Authority, and the 

Administrator may, at his djscretion, appoint fr01n one (1) to three 

(3) additional members, without vote. 

(b) Within said thirty (30) day period the permanent Code 

Authority shall be elected and organized at a meeting called by Temporary Code Authority, of which all known members of the Industry 

shall be ad vised by notices mailed at least fifteen ( 15) days in 

advance of said meeting. 

The permanent Code Authority shall consist of three (3) members of the Association, who shall be elected by the members thereof; 

one (1) member of the Industry, who shall be elected by the nonassociation members of the Industry, provided such representation is 
36 

desired. The Administrator may, at his discretion, appoint from 

one (1) to three (3) additional members, without vote. 

( c) Action at any Industry meeting for the election of Code 

Authority shall be by majority vote of the members of the Industry 

entitled to vote as hereinafter provided, who are present in person 

or by proxy duly executed and filed with Code Authority, each such 

member to have one vote. Action for all other purposes, including 

the adoption of Code revision, amendments or supplements, shall be 

by majoritY. vote of eligible members of the Industry either in person by mail or by proxy. 

SECTION 3. 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 provide 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. 

SECTION 4. If the Administrator shall determine that any action 

of the Code Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by 

such Code Authority or agency pending final action which shall 

not be effective unless the Administrator approves or unless he shall 

fail to disapprove after thirty (30) days' notice to him of intention 

to proceed with such action in its original or modified form. 

SECTION 5. 1. It being found necessary in order to support the 

administration of this Code and to maintain the standards of fair 

competition established hereunder and to effectuate the policy of the 

Act, the Code Authority is authorized: 

(a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes, and to meet such obligations out 

of funds which may be raised as hereinafter provided and which 

shall be held in trust for the purposes of the Code : 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary 

(1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to support such budget shall be contributed by members of the 

Industry; 

( c) After such budget and basis of contribution have been approved by the Administrator, to determine and obtain equitable 

contribution as above set forth by all members of the Industry1 and 

to that end, if necessary, to institute legal proceedings therefor 1n its 

own name. 

2. Each member of the Industry shall pay his or its equitable contribution to the expenses of the maintenance of the Code Authority, 

determined as hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administrator .. Only members 

of the Industry complying with the Code and contributing to the 

Expenses of its administration as hereinabove provided, unless duly 

exempted from making such contributions, shall be entitled to par-
37 

ticipate in the selection of members of the Code Authority or to 

receive the benefits of any of its voluntary activities or to make use 

of any emblem or insignia of the National Recovery Administration. 

3. The Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereof as estimated in 

its approved budget, and shall in no event exceed the total amount 

contained in the approved budget except upon approval of the Administrator; and no subsequent budget shall contain any deficiency 

item for expenditures in excess o.f prior budget estimates except those 

which the Administrator shall have so approved. 

SECTION 6. In addition to information required to be submitted to 

the Code Authority, members of the Industry subject to this Code 

shall furnish such statistical information as the Administrator may 

deem neces ary for the purposes recited in Section 3 (a) of the Act 

to such Federal and State agencies as he 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. 

ARTICLE VII-OPEN PRICE 

SECTION 1. Each member of the Industry shall file with a confidential and disinterested agent of the Code Authority or, if none 

then with such an agent designated by the Administrator, identified 

lists of all of his prices, discounts, rebates, allow.ances, and all other 

terms or conditions of sale, hereinafter in this article referred to as 

"price terms", which lists shall completely and accurately conform 

to and represent the individual pricing practices of said member. 

Such lists shall contain the price terms for all such standard products of the industry as are sold or offered for sale by said member 

and for such non-standard products of said member as shall be 

designated by the Code Authority. Said price terms shall in the 

first instance be filed within thirty days after the date of approval 

of this provi ion. Price terms and revised price terms shall become effective immediately upon receipt thereof by said agent. Im1nediately upon receipt thereof, said agent shall by telegrafh or 

other equally prompt means notify said member of the time o such 

receipt. Such lists and revisions, together with the effective time 

thereof, shall upon receipt be immediately and simultaneously dis- tributed to all members of the industry and to all their customers 

who have applied therefor and have offered to defray the cost 

actually incurred by the Code Authority in the preparation and 

distribution thereof and be available for inspection by any of their 

customers at the offices of such agent. Said lists or revisions or any 

part thereof shall not be made available to any person until released 

to all members of the Industry and their customers as aforesaid 1 provided, that prices filed in the first instance shall not be released 

until the expiration of the aforesaid thirty clay period after the 

approval of this Code. The Code Authority shall maintain a pernutnent file of all price terms filed as herein provided, and shall not 

destroy any part of such records except upon writ~en consent of ~he 

Administrator. Upon request the Code Authority shall furnish 

to the Administrator or any duly designat0 d agent of the Administrator copies of any such lists or re, i ions of price terms. 
38 

SECTION 2. When any member of the Industry has filed any revision, such member shall not file a higher price within forty-eight 

(48) hours. 

SECTION 3. No member of the Industry shall sell or offer to sell 

any products of the Industry, for which price terms have been filed 

pursuant to the provisions of this Article, except in accordance with 

such price terms. 

SECTION 4. No member of Industry shall enter into any agreement, 

understanding, combination or conspiracy to fix or maintain price 

tern1s, nor cause or attempt to cause any member of the Industry to 

change his price terms by the use of intimidation, coercion, or any 

other influence inconsistent with the maintenance of the free and 

open market which it is the purpose of this Article to create. 

ARTICLE VIII-TRADE PRACTICES 

It shall be an unfair method of competition and a violation of 

this Code for any member of the Industry to engage in any of the 

following practices : 

SECTION 1. To allow more than one (1 % ) percent off for cash in 

ten (10) days from date of shipment; nor more than 30 days net; 

provided that machines for resale or rental purposes listing for not 

to exceed $75.00, may be discounted for ca,sh 10th proximo. It is 

further provided, that terms not exceeding four ( 4) months net may 

be made to charitable and nontaxpaying institutions, schools, hospitals, and religious institutions. 

SECTION 2. To manufacture any machine without putting on a 

serial number, and an identificat10n mark, or marks, sufficient to 

properly identify the date and origin of manufacture. 

SECTION 3. To obliterate, remove, damage, destroy, or tamper with 

or alter in any manner any identification marks in any manner 

whatsoever on any of the products of the Industry, including manufacturer's rating of power unit. 

SECTION 4. To classify or sell at reduced price any machinery 

and/or equipment as demonstrating machinery and/or demonstrating equipment unless that member of the industry notifies the Code 

Authority on the date he placed such machinery and/or equipment 

in demonstrating service with all the identification marks appearing 

on such machinery and/or equipment, and keeps same in demonstrating service for one hundred eighty (180) days before he sells such 

machinery and/ or equipment. 

SECTION 5. To allow on deferred payment for machinery and/or 

equipment listing not to exceed seventy-five ($75.00) dollars, terms 

of less than 10% down payment; and machinery and equipment listing for more than seventy-five ($75.00) dollars, terms of less than 

twenty-five percent (25% ) down payment and a period of payment. longer than twelve (12) months on the balance or to allow said 

balance to be paid on less favorable terms to purchaser than on 

equal monthly installments plus not more than legal rate of interest 

and carrying charge added to such partial payments. 

SECTION 6. That any member of the Industry shall require the 

purchase or lease of any goods as a prerequisite to the purchase or 

lease of any other goods. · 
39 

SECTION 7. To engage in fictitious or blind bidding £or the purpose of deceiving competitors or purchasers, or attempt through 

connivance to have all bids rejected to the end that a more advan- tageous position may be secured by such member in new bidding. 

SECTIO 8. To usurp design, styles, or patterns originated by a 

co1npetitor and appropriate them for one's own use within five ( 5) 

years after such origination. This section does not affect a member's 

rights under the patent and trade-mark laws. 

SECTION 9. To imitate the trade marks, trade names, or other 

marks of identification of competitors, having the tendency or 

capacity to mislead or deceive purcha ers or prospective purchasers. 

This section does not affect a member's rights under the patent and 

trade-mark laws. 

SECTION 10. To issue false in"\"'oices or other documents covering 

sales in which the prices, terms, discounts, allowances, or other facts 

relating to the tran action are in any manner falsely stated. 

SECTION 11. To discriminate in prices between purchasers of the 

same class under similar conditions except for differences in the 

grade, quality, or quantity purchased. 

SECTION 12. To agree to conditions or terms 0£ sale, or making 

promises of any nature which manifestly cannot be fulfilled. 

SECTION 13. To quote a total price on any schedule of supplies and 

1nachinery which does not show unit prices and making any addition or deduction on any other basis than the unit price shown. 

SECTION 14. Commercial Bribery.-No member of the Industry 

shall give, permit to be given or directly or indirectly, 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 employee, the principal 

of such agent or the represented party without the knowledge of 

such employer, principal or party. Commercial bribery provisions 

shall not be construed to prohibit free and general distribution of 

articles commonly used for adverti ing except so far as such articles 

are actually used for commercial bribery as hereinabove defined. 

SECTION 15. To defame competitors by falsely imputing to them 

dishonorable conduct, inability to perform contracts, questionable 

credit standing, or by other misrepresentations with the tendency or 

capacity to mislead and deceive purchasers or prospective purchasers. 

SECTION 16. To offer or make any payment or allowance of a rebate, 

refund, commis ion, credit, unearned discount or excess allowance, 

whether in the form of money or otherwise, :for the purpose of influencing a sale nor shall any member extend to any customer any 

special service or privilege not extended to all customers of the same 

class. 

SECTION 17. Trade-in Allowances.-Within thirty (30) days from 

the effective date of this Code each member of the Industry shall file 

with the Code Authority a schedule of his trade-in allowances on 

machines of his own manufacture which shall establish the maximum 

trade-in allowances of such machines. Such schedules may be revised from time to time by filing same with the Code Authority. 

The Code Authority shall advise all members of the I ndustry of these 

prices, which prices shall become effective immediately upon filing. 
40 

It shall be unfair trade practice for any member of the Industry to 

make any trade-in allowance in excess of these prices. 

ARTICLE IX-CosTs AND PrucE CurnNG 

SECTION 1. The standards of fair competition for the industry with 

reference to pricing practices are declared to be as follows : 

(a) Wilfully destructive price cutting is an unfair method of 

competition and is forbidden. Any member of the Industry or o:f 

any other Industry or the customers of either may at any time 

complain to the Code Authority that any filed price constitutes unfair 

competition as destructive price cutting, imperiling small enterprise 

or tending toward monopoly or the impairment of code wages and 

working conditions. The Code Authority shall within five ( 5) days 

afford an opportunity to the member filing the price to answer such 

complaint and shall within fourteen (14) days m~ke a ruling or 

adjustment thereon. If such ruling is not concurred in by either 

party to the complaint, all papers shall be referred to the Research 

and Planning Di vision of NRA which shall render a report and 

recommendation thereon to the Administrator. 

(b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended that 

sound cost estimating methods should be used and that consideration 

should be given to costs in the determination of pricing policies. 

( c) When an emergency exists as to any given product, sale below 

the stated minimum price of such product, in violation of Section 2 

hereof, is forbidden. 

SECTION 2. Emergency Provisions.-(a) If the Administrator, 

after investigation shall at any time find both (1) that an emergency 

has arisen within the Industry adversely affecting small enterprises 

or wages or labor conditions, or tending toward monopoly or other 

acute conditions which tend to de:feat the purposes of the Act; and 

(2) that the determination of the stated minimum price for a specified product within the Industry for a limited period is necessary 

to mitigate the conditions constituting such emergency and to effectuate the purposes of the Act, the Code Authority may cause an 

impartial agency to investigate costs and to recommend to the Administrator a determination of the stated minimum price of the 

product affected by the emergency and thereupon the Administrator 

may proceed to determine such stated minimum price. 

(b) When the Administrator shall have determined such stated 

minimum price for a specified product for a stated period, which 

price shall be reasonably ~calculated to mitigate the conditions of 

such emergency and to effectuate the purposes of the National Industrial Recovery Act, he shall publish such price. Thereafter, during 

such stated period, no member of the Industry shall sell such specified 

products at a net realized price below said stated minimum price 

and any such sale shall be deemed destructive price cutting. From 

time to time, the Code Authority may recommend review or reconsideration or the Administrator may cause any determinations hereunder to be reviewed or reconsidered and appropriate action taken. 

SECTION 3. Oost Fvnding.-The Code Authority shall cause to be 

formulated methods of cost finding and accounting capable o:f use by 
41 

all members of the Industry, and shall submit such methods to the 

Administrator for review. If approved by the Administrator, full 

information concerning such methods shall be made available to all 

memuers of the Industry. Thereafter, each member of the Industry shall utilize such methods to the extent found practicable. Nothing herein contained shall be construed to permit the Code Authority, any agent thereof, or any member of the Industry to suggest uniform 

additions, percentages or differentials or other uniform items of 

cost 'Yhich are designed to bring about arbitrary uniformity of costs 

or prices. 

ARTICLE X-ExPORT TRADE 

No provisions of this Code relating to prices or terms of selling, 

shipping or marketing, shall apply to export trade. 

ARTICLE XI-MODIFICATION 

SECTION 1. This Gode 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 canGel or modify any order, approval, license, rule, or regulation issued under Title I of said Act and specifically but without 

limitation, to the right o:f the President to cancel or modify his 

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

approval thereof. 

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

may be modified on the basis of experience or changes in circum- stances, 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 XII- OTHER INDUSTRIES 

If any employer in this Industry is also an employer in any other 

Industry, the provisions of this Code shall apply to and affect only 

that part of the business of such employer which is a part of the 

Industry covered by this Code. 

ARTICLE XIII-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 XIV- PRICE INCREASES 

Whereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increases should be delayed and that, when made, the same should, 

so far as possible, be limited to actual increases in the seller's costs. 
LHJ IVERS ITY O F FLORIDA 

II I II IIIIII Ill Ill lllll lllll II llll llllll llll llll 11111111111111111 

42 3 1262 08850 5101 

ARTICLE XV- EFFECTIYE DATE 

This Code shall become effective ten (10) days after its approval 

by the President. 

Approved Code No. 526. 

Registry No. 1399-66. 

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